Indio City Council
August 19, 2026

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 355 of 953 machine capable of confirming transmission and receipt (" Fax") so long as the writing shall also be sent by regular mail or other form of delivery specified in this Section, or sent by certified or registered mail, return receipt requested, postage prepaid to the following Parties at the following addresses or numbers:

If to City: City of Indio
100 Civic Center Mall
Indio, California 92201
Attention: City Manager and City Attorney
Telephone: ( 760) 342- 6580; Fax: ( 760) 342- 6556
With copy to: Woodruff, Spradlin & Smart
701 S Parker Steet, Suite 8000
Orange, California 92868-4760
Attention: Edward Z. Kotkin, City Attorney
Telephone: ( 714) 558- 7000; Fax: ( 949) ( 714) 835- 7787 If to Developer: SCC/ Indio Citrus Ranch, LLC
c/o SunCal Companies
1250 Corona Pointe Circle, Suite 210
Corona, California 92879
Attention: Stan Brown, Division President
Telephone: (951) 271- 3800; Fax (951) 271- 3850
And with a copy to
SCC/ Indio Citrus Ranch, LLC
c/ o SunCal Companies
2392 Morse Avenue
Irvine, CA 92614
Attention: General Counsel
Telephone: ( 949) 777- 4000; Fax ( 949) 777- 4280
And With copy to: Ferguson & Bernheimer
73101 Highway 111, Suite 1
Palm Desert, California 92260
Attention: Robert A. Bernheimer, Esq.

Telephone: ( 760) 776- 8233; Fax: ( 760) 776- 8255
Notices sent in accordance with this Section shall be deemed delivered upon the:
a) date of delivery as indicated on the written confirmation of delivery ( if sent by overnight courier service); ( b) date of actual receipt ( if personally delivered by other means); ( c) date of transmission if sent by telecopier or facsimile machine; or (d) date of SCC/ INDIO CITRUS RANCH, I;; LC/ TY OF INDIO DEVELOPMENT AGREEMENT E30OF41

CITY' S INITIALS DEVELOPER' S INITIALS I /

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 356 of 953 delivery as indicated on the return receipt ( if sent by certified or registered mail, return receipt requested). Notice of change of address shall be given by written notice in the manner detailed in this Section.

27. Dispute Resolution. The parties desire to quickly resolve any dispute as to this Agreement, with as little expense as possible. Accordingly:

27. 1 Mediation. The parties agree to mediate any dispute or claim arising between them arising out of this Agreement before resorting to arbitration, court action or submitting the matter to a referee. The Parties shall attempt to mutually agree upon a mediator. The Parties shall first attempt to seek a retired judge or experienced attorney to act as mediator. If the Parties cannot mutually agree upon a mediator, each of the Parties shall select a retired judge or experienced attorney to act as mediator selectors. The mediator selectors shall then agree on a third individual to act as a mediator selector. These three mediator selectors shall then select the mediator by majority vote. Mediation fees, if any, shall be divided equally among the Parties involved. Each Party shall bear its own attorney fees incurred in connection with the preparation for or attendance at the mediation. Refusal to mediate by any Party shall make that Party responsible for all of the attorney fees and costs of the other Party in any litigation, arbitration, referee proceeding, or other legal action or proceeding of any kind, notwithstanding which Party is the prevailing Party.

27.2 Iniunctive Relief. If injunctive or other immediate relief is necessary, the Party seeking such relief may initially forgo mediation, seek the necessary relief, and then pursue mediation once the injunctive or other immediate relief is sought. The Parties shall stipulate to stay any court proceeding pending attempted resolution by mediation.

27. 3 Referee Proceedings. Each controversy, dispute or claim between the Parties arising out of or relating to this Agreement, which controversy, dispute or claim is not settled in writing within thirty ( 30) days after the " Claim Date," as hereinafter defined, or through mediation as set forth hereinabove, will be settled by a reference proceeding in Riverside County, California, in accordance with the provisions of California Code of Civil Procedure (" CCP") § 638 et seq., or their successor sections, which shall constitute the exclusive remedy for the settlement of any controversy, dispute or claim concerning this Agreement, including whether such controversy, dispute or claim is subject to the reference proceeding, and the Parties hereby waive their respective rights to initiate any legal proceedings against each other in any court or jurisdiction. As used herein, " Court" shall mean the Superior Court of Riverside, Indio Branch. The referee shall be a retired judge or commissioner of the Court or an attorney or other qualified person selected by mutual agreement of the Parties. If the Parties cannot so agree to a referee within forty-five (45) days after the Claim Date, the Presiding Judge of the civil division of the Court ( or his/ her representative) shall promptly and unilaterally select the referee. The referee shall be appointed to sit as a temporary judge, with all the powers of a temporary judge, as authorized by law, and SCC/ INDIO CITRUS RAj$ H, C/ CITY OF INDIO DEVELOPMENT AGREEMENT J
PAGE 31 OF 41
klCITY' S INITIAL// DEVELOPER' S INITIALS /_

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 357 of 953 upon selection should take and subscribe to the oath of office as provided for in Rule 244 of the California Rules of Court ( or any subsequently enacted Rule). Each Party shall have one peremptory challenge pursuant to CCP § 170.6. The referee shall: ( a) be requested to set the matter for hearing within sixty ( 60) days after the Claim Date and ( b) try any and all issues of law or fact and report a statement of decision upon them, if possible, within ninety ( 90) days of the Claim Date. Any decision rendered by the referee will be treated as the equivalent of the same decision by the Court and judgment shall be entered thereon pursuant to CCP § 644 in any court in the State of California having jurisdiction. Any Party may apply for a reference commencing on the date thirty ( 30) days after serving notice to any other Party of the nature of the controversy, dispute or claim (" Claim Date") by filing a petition for a hearing and/ or trial.

All discovery shall be directed by the referee with the goal of effectuating the Parties' desire to minimize delay and expense. The referee may shorten any statutory time period in his/ her discretion.

27. 4 Procedures. Except as expressly set forth in this Agreement, the referee shall determine the manner in which the reference proceeding is conducted, including the time and place of all hearings, the order of presentation of evidence, and all other questions that arise with respect to the course of the reference proceeding. All proceedings and hearings conducted before the referee, except for trial, shall be conducted without a court reporter, except that when any Party so requests, a court reporter will be used at any hearing conducted before the referee. The Party making such a request shall have the obligation to arrange for and pay for the court reporter.

The costs of the court reporter at the trial shall be borne equally by the Parties.

27. 5 Power. The referee shall be required to determine all issues in accordance with existing case law and the statutory laws of the State of California. The rules of evidence applicable to proceedings at law in the State of California will be applicable to the reference proceeding. The referee shall be empowered to enter equitable as well as legal relief, to provide all temporary and/ or provisional remedies and to enter equitable orders that will be binding upon the Parties. The referee shall issue a single judgment at the close of the reference proceeding which shall dispose of all of the claims of the Parties that are the subject of the reference. The Parties hereto expressly reserve the right to contest or appeal from the final judgment or any appealable order or appealable judgment entered by the referee. The Parties hereto expressly reserve the right to findings of fact, conclusions of law, a written statement of decision, and the right to move for a new trial or a different judgment, provided that the rules with respect thereto shall be those applicable had the matter been tried in the superior court.

27. 6 Code of Civil Procedure Section 1298(c) Notice. The following notice is given to the extent required by Code of Civil Procedure Section 1298( c) and is not intended to alter or affect the interpretation or meaning of the provisions contained in this Section:

SCC/ INDIO CITRUS ZIPAGECITY OF INDIO DEVELOPMENT AGREEMENT 32 OF 41

CITY' S INITIALSDEVELOPER' S INITIALS/

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 358 of 953 NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE " REFEREE PROCEEDINGS" PROVISIONS RECITED ABOVE DECIDED BY NEUTRAL REFEREE

AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU

MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR

JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE " REFEREE PROCEEDINGS" PROVISIONS. IF

YOU REFUSE TO SUBMIT TO REFEREE PROCEEDINGS AFTER AGREEING TO

THIS PROVISION, YOU MAY BE COMPELLED TO REFEREE PROCEEDINGS UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.

YOUR AGREEMENT TO THIS REFEREE PROCEEDINGS PROVISION IS VOLUNTARY.

WE HAVE READ AND UNDERSTAND THE FOREGOING, AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE " REFEREE PROCEEDINGS" PROVISION TO A REFEREE:

CITY'S INITIALS / DEVELOPER' S INITIALS /

28. Entire Agreement. This Agreement and the Exhibits herein contain the entire integrated agreement among the Parties. The Parties intend that this Agreement state their agreement in full to each and every one of its provisions. Any prior agreements, understandings, promises, negotiations or representations respecting the matters dealt with herein or the duties of any Party in relation thereto, not expressly set forth in this Agreement, are agreed by all Parties to be null and void.

29. Severability. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any Party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

30. Attorneys' Fees. In the event any Party hereto brings an action or proceeding for a declaration of the rights of the Parties, for injunctive relief, for an alleged breach or default, or any other action arising out of this Agreement, or the transactions contemplated hereby or institutes a reference or arbitration proceeding as may expressly be permitted by the terms of this Agreement, the prevailing party in any such action shall be entitled to an award of actual attorneys' fees and costs incurred in such action or proceeding, without regard to any rule of court or schedule of such fees maintained by the court, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. Prevailing party within the meaning of this Section shall include, without limitation, a party who successfully brings an action SCC/ INDIO CITRUS RAN " / CITY OF INDIO DEVELOPMENT AGREEMENT AGE 33 OF 41
t
CITY' S INITIALS DEVELOPER' S INITIALS/_

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 359 of 953 against the other party for sums allegedly due or performance of covenants allegedly breached, or that party who obtains substantially the relief sought in the action.

31. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which constitute one and the same instrument.

32. Execution of Agreement. The Parties shall sign this Agreement on or within ten ( 10) business days of the Effective Date.

33. Estoppel Certificate. City shall, at any time and from time to time within ten ( 10) days after receipt of written notice from Developer so requesting, execute, acknowledge and deliver to Developer a statement in writing: ( a) certifying that this Agreement is unmodified and in full force and effect ( or, if modified, stating the nature of such modification and certifying that this Agreement, as so modified, is in full force and effect); ( b) acknowledging that there are no uncured defaults on the part of Developer hereunder or specifying such defaults if any are claimed; and ( c) addressing such other reasonable and customary matters as Developer my request. Any such statement may be relied upon by any prospective purchaser or encumbrances of all or any portion of the Site. Upon Developer' s written request, City shall issue a certificate of performance evidencing completion of any of Developer' s obligation( s) under this Agreement.

34. Encumbrances on Real Property.

34. 1 Discretion to Encumber. The Parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer' s sole discretion, from encumbering the Site or any portion thereof or any improvements thereon then owned by such person with any mortgage, deed of trust or other security device (" Mortgage") securing financing with respect to the Site or such portion. City acknowledges that the lenders providing such financing may require certain modifications, and City agrees, upon request, from time to time, to meet with Developer and/ or representatives of such lenders to negotiate in good faith any such request for modification. City further agrees that it will not unreasonably withhold its consent to any such requested modification. Any mortgagee or trust deed beneficiary of the Site or any portion thereof or any improvements thereon and its successors and assigns Mortgagee") shall be entitled to the following rights and privileges.

34. 2 Lender Requested Modification/ Interpretation. City agrees upon request, from time to time, to meet with the Developer and representatives of lenders to negotiate in good faith any such request for interpretation, modification or Operating Memoranda. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement, provided, further, that any modifications of this Agreement are subject to the provisions of this Agreement relative to modifications or amendments.

SCC/ INDIO CITRUS RAN C/ CITY OF INDIO DEVELOPMENT AGREEMENT Pace 34 OF 41
CITY' S INITIALS_ DEVELOPER' S INITIALS/_

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 360 of 953

34. 3 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a Mortgagee ( whether pursuant to a Mortgage, foreclosure, trustee' s sale, deed in lieu of foreclosure or otherwise) shall be subject to all of the terms and conditions of this Agreement.

34. 4 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder. No Mortgagee will be liable for any monetary defaults arising prior to its acquisition of title to the Site or any portion thereof.

34. 5 Written Notice of Default. Each Mortgagee shall be entitled to receive written notice from City of any default by Developer under this Agreement, if such default is not cured within thirty (30) days, provided such Mortgagee has delivered a written request to City for such notice. Each Mortgagee shall have a further right, but not the obligation, to cure such default for a period of thirty ( 30) days after receipt of such notice of default or for such longer period as may reasonably be required to cure such default, provided however that the period of time for cure of any default requiring control of the Property shall be tolled during the pendency of any proceedings, including foreclosure proceedings, by Mortgagee to obtain control of the Property.. Any non - curable defaults of Developer of any obligation owed solely to City arising prior to Mortgagee' s acquisition of title to the Site or any portion thereof shall be waived; provided, however, the non- payment of money shall not be deemed a non -curable default.

35. Binding Effect. This Agreement shall be binding on and inure to the benefit of the Parties to this Agreement and their heirs, personal representatives, successors, and assigns.

36. Governing Law and Venue. This Agreement and the legal relations between the Parties shall be governed by and construed in accordance with the laws of the State of California. Furthermore, the Parties agree to venue in the Indio Branch of the Consolidated Courts of Riverside County, California.

37. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement (" Successors"). All provisions of this Agreement shall be enforceable as equitable servitude' s and constitute covenants running with the land.

SCC/ INDIO CITRUS RAN cL / CITY OF INDIO DEVELOPMENT AGREEMENT AGE 35 OF 41
V
CITY' S INITIALS DEVELOPERS INITIALS /_

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 361 of 953 Each covenant to do or refrain from doing some act hereunder with regard to development of the Project: ( a) is for the benefit of and is a burden upon every portion of the Property; ( b) runs with the Property and each portion thereof; and, ( c) is binding upon each Party and each Successor during its ownership of the Property or any portion thereof. From and after recordation of this Agreement, the Agreement shall impute notice to all persons and entities in accord with the recording laws of this State.

38. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their Successors and assignees.

No other person or entity shall have any right of action based upon any provision of this Agreement.

39. Waiver. Failure by a Party to insist upon the strict performance of any of this Agreement' s provisions by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party' s right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. The waiver by any Party to this Agreement of a breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach of that or any other provision of this Agreement.

40. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

41. Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by CGC § 65868. 5.

42. Headings. The headings in this Agreement are inserted for convenience only. They do not constitute part of this Agreement and shall not be used in its construction.

43. Jointly Drafted. It is agreed among the Parties that this Agreement was jointly negotiated and jointly drafted by the Parties and their respective counsel, and that it shall not be interpreted or construed in favor of or against any Party solely on the ground that it drafted the Agreement. It is also agreed and represented by all Parties that said Parties were of equal or relatively equal bargaining power and that in no way whatsoever shall this Agreement be deemed to be a contract of adhesion, or unreasonable or unconscionable.

44. Independent Legal Counsel. Each Party acknowledges that it has been represented by independent legal counsel of its own choice throughout all of the negotiations that preceded the execution of this Agreement or has knowingly and voluntarily declined to consult legal counsel, and that each Party has executed this Agreement with the consent and on the advice of such independent legal counsel.

SCC/ INDIO CITRUS RACC/ CITY OF INDIO DEVELOPMENT AGREEMENT CE 36 of 41

CITY' S INITIALS DEVELOPER' S INITIALS /

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 362 of 953

45. Rule Against Perpetuities. This Agreement shall be construed by all interested parties, to the maximum extent possible, to be consistent with, and not in violation of, the Rule Against Perpetuities.

46. Further Cooperation. The Parties agree to execute any and all agreements, documents or instruments as may be reasonably necessary in order to fully effectuate the agreements and covenants of the Parties contained in this Agreement, or to evidence this Agreement as a matter of public record, if required to fulfill the purposes of this Agreement. The Parties further agree to mutually cooperate with one another in carrying out the purposes of this Agreement.

47. Enforceability. This Agreement shall not become binding and shall have no force and effect whatsoever until such time as it has been approved by the City Council pursuant to a duly enacted ordinance and fully executed by and delivered to all of the Parties hereto.

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the Effective Date.

Signatures on following pages]

SCCIINDIO CITRUS R C/ CITY OF INDIO DEVELOPMENT AGREEMENT PAGE 37 OF 41
CITY' S INITIALS DEVELOPER' S INITIALS /_

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 363 of 953 CITY"
Date:

STATE OF CALIFORNIA }
l } ss

COUNTY OF

CITY OF INDIO,
a California Mun
Mayor
Attest:

Cy is Hernandez, City Clerk, C
Approved as to form:

Woodruff, Spradlin & Smart, APC
Edward Kotkin, Esq.

City Attorney, City of Indio
On e 7 7 7 before me,`i` " personally appeared,
2 02 e
personally known to me or 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/ she4hey executed the same in his/ her/their authorized capacity( ie and that by his/ 4&4their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

WITNESS my hand and official seal.

Sign9ture of Notary
CYNTHIfENANDU momission #
15Cl2418N
RlvelMy ycc; 7
B,. ROG9
SCC/ INDIO CITRUS RANc} ij L
C1,CITY OF INDIO

DEVELOPMENT AGREEMENT AGE

INITIALS,,
38 DEVELOPER'
OF
S
41 INITIALS/_
CITY'S

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 364 of 953

STATE OF CALIFORNIA

COUNTY OF
ss
On before me, personally ap eared,
personally known to me or proved to me the basis
of satisfactory evidence to be the person( s) whose name( s) is/ are sub ribed to the within instrument and acknowledged to me that he/ she/ they execut d 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 We person( s) acted, executed the instrument.

WITNESS my hand and official seal.

Signature of Notary

STATE OF CALIFORNIA

COUNTY OF
On
of satisfactory evidence
within instrument and
his/ her/their authorized
instrument the perso'n(,,
executed the instrument.
ss
before me, , personally appeared,
personally known to me or proved to me on the basis
td be the person( s) whose name( s) is/ are subscribed to the knowledged to me that he/ she/ they executed the same in capacity( ies), and that by his/ her/ their signature( s) on the or the entity upon behalf of which the person( s) acted, WITNESS my hand and official seal.

Signature of Notary

SCC/ INDIO CITRUS RANC L ' CITY OF INDIO DEVELOPMENT AGREEMENT A OF 41

CITY' S INITIALS
l
DEVELOPER' S INITIALS V r /

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 365 of 953 am ' 4)& are subscribed to the
xecuted the same in
iis aiF- signatureO on the
of which the person N acted,
DEVELOPER" SCC/ Indio Citrus Ranch, LLC, a
Delaware Limited Liability Company
Date'
2007 / qy
Bruce Elie# GY
CoM. c:

Approved as to form:

Bruce Cook, Esq.

General Counsel to SCC/ Indio Citrus
Ranch, LLC
STATE OF CALIFORNIA }
r }
COUNTY OF 1 }
ss
6On `J "ZGl 1 before me,
kLe- U 7 ; lU personally known t
e the personKs) whose
within instrument and acknowledg d to m thatCh
his/ her/their authorize capacity( ie ), and that by
instrument the person( 1, or the e tity upon beh,,
executed the instrument.

WITNESS my

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 366 of 953 STATE OF CALIFORNIA }
COUNTY OF r }
ss
11 On Zq p1 before mer ( sonbAme"ared,
Coo— personally, know to me or proved to me on the basis of satisfactory evidence to be the person( whos name( ) %/ are subscribed to the within instrument and acknowled ed to m that h executed the same in ii erftheii authorized capacity( iis), and that by i
r signature ) on the
instrument the person), or the entity upon behal of which the persoN) acted, executed the instrument. \\
WITNESS myPZ101
fficial seal.

Signature of Notary
BW' lor• 9 1679093 Comm%stun • C01110 la
Notary
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SCC/ INDIO CITRUS RANCH tf•L / ITY OF INDIO DEVELOPMENT AGREEMENT GE41OF41

CITY' S INITIALS DEVELOPER' DEVELOPERSS / INITIALS P /

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 367 of 953 EXHIBIT "A"

LEGAL DESCRIPTION

THE NORTHWEST QUARTER AND THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 7 EAST, S. B. M., IN THE COUN"I' Y OF RIVERSIDE, STATE OF CALIFORNIA;
TOGETHER WITH THE SOUTH HALF OF FRACTIONAL SECTION 31,
TOWNSHIP 4 SOUTH, RANGE 8 EAST, S. B. M., IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;

ALSO TOGETHER WITH THE SOUTH HALF OF THE SOUTHEAST QUARTER

AND THE SOUTH HALF OF THE NORTHEAST QUARTER LYING WESTERLY OF THE CENTERLINE OF DILL.ON ROAD AND THE SOUTH HALF OF THE

NORTHW EST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 8 EAST, S. B. M., IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; ALSO TOGETHER WITH TLfE SOUTH HALF OF THE SOUTHWEST QUARTER

OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, LYING WESTERLY OF THE CENTERLINE OF DILLON ROAD, TOWNSHIP 4 SOUTH, RANGE 8 EAST, S. B. M., IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
ALSO TOGETHER WITH ALL OF SECTION 5 LYING WESTERLY OF THE WESTERLY RIGHT 01: WAY OF DILLON ROAD, TOWNSHIP 5 SOUTH, RANGE 8 EAST, S. B. M., fN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;

ALSO TOGETHER WITH THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, LYING EASTERLY OF THE EASTERLY RIGHT OF WAY OF DILLON ROAD, TOWNSHIP 5 SOUTH, RANGE 8 EAST, S. B. M., IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
ALSO TOGETHER WITH ALL OF SECTION 8 LYING WESTERLY OF THE WESTERLY RIGHT OF WAY OF DILLON ROAD, TOWNSHIP 5 SOUTH, RANGE 8 EAST, S. B. M., IN TIME COUNTY OFRIVERSIDE, STATE OF CALIFORNIA;

EXCEPTING THEREFROM THE SOUTH HALF OF THE SOUTHWEST

QUARTER AND ALSO EXCEPTING THEREFROM ANY PORTION WITHIN THE ALL AMERICAN CANAL.

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Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 370 of 953

EXHIBIT B
Phase One

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EXHIBIT B
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Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 388 of 953 Exhibit A
Proposed Amendments to DA-06-10-22
AMENDMENT TO SECTION 3 (TERM).

Section 3 of the Development Agreement is hereby amended to add the following sentence at the end thereof (before Section 3.1):
“Notwithstanding anything in this Agreement to the contrary, and in recognition of litigation-related delays and other events affecting the timing of annexation and performance under this Agreement, the Term of this Agreement shall expire on July 26, 2032, unless earlier terminated in accordance with the provisions of this Agreement or later extended by a subsequent written amendment approved by the City in accordance with applicable law.”
Except as expressly set forth above, nothing in this Second Amendment is intended to revive, extend, or modify any expired fee limitation, fee vesting, or fee increase restriction previously applicable under Section 9 or any related provision of the Development Agreement.

AMENDMENT TO SECTION 3.2 (TERM EXTENSION).

Section 3.2 of the Development Agreement is hereby deleted in its entirety and replaced with the following:
“3.2 Term Extension - Request of Developer. This Agreement may be extended for one (1) additional twenty (20) year period following the expiration of the initial Term (as it may be extended pursuant to Section 3.1 of the Development Agreement) ("Developer's Extension") if the Developer including any funds derived from a financing district, either:
a. expends ten million dollars ($10,000,000) or more to install any infrastructure including, but not limited to, power, sewer, water, roads or the fire station; or b. completes the construction of the golf course, clubhouse and two hundred (200) residential units.

Developer shall submit a written request for term extension to the City, which must include documentation of such benchmark achievements. The City may only deny such extension if it finds Developer has not met these requirements.”

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 389 of 953 -1-
ORDINANCE NO. 1842

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,

APPROVING A SEONDMENT AMENDMENT TO THE CITRUS RANCH
DEVELOPMENT AGREEMENT (DA-06-10-22)
WHEREAS, SCC/Indio Citrus Ranch, LLC and the City of Indio entered development agreement 06-10-22 on or about June 7, 2007 (the “DA”) and the County recorded the DA on June 15, 2007; and
WHEREAS, as a result of the Riverside County Local Agency Formation Commission approving the City’s westerly Sphere of Influence and under the terms of DA 06-10-22 the City was required to prepare and process an amendment (the “First Amendment” to add approximately six hundred acres to the DA that were included in the Citrus Ranch Specific Plan, but were initially excluded from the DA because they were not located within either the City’s Sphere of Influence or the City limits of the City of Indio as to property generally located on the west side of Dillon Road approximately three miles north of Interstate 10; and WHEREAS, approval of the First Amendment added approximately six hundred (600) acres of land identified by the following Assessor’s Parcel Numbers:
745-380-001, 745-380-002, 745-380-003, 601-031-001, 601-031-003, 601-031- 005, 601-031-006, 601-031-007, 601-031-008, 601-031-009, 601-031-010, 601- 041-002, 601-041-009, 601-041-010, 601-041-011, 601-032-007, 601-032-008, 745-401-014, 745-401-023, 745-401-027, 745-401-019, 750-260-010, and 750- 260-012 (the “Additional Land”) to the area subject to the DA identified by the following Assessor’s Parcel Numbers: 601-001, 601-160-002, 601-160-004, 601- 170-004, 601-170-005, 601-170-006, 601-170-007, and 601-170-008 (the “Original Site”); and
WHEREAS, the Council originally adopted Specific Plan 94-10-3 on June 7, 2007, covering Planned Development Area 7A, the entirety of the approximately 640 acres extending from Avenue 50 to Avenue 52, and from Monroe Street to Madison Street, inclusive of both the Original Site and the Additional Land, the Council made findings that the environmental impacts associated with the Plans were analyzed in the certified environmental impact report as prepared for Citrus Ranch Specific Plan (SP-05-11-16) (the “Findings”); and WHEREAS, staff has determined that the current proposal to amend provisions of the term in section 3 of the agreement will not modify existing land use designations or development regulations for the Original Project Site and that there will be no impact upon the environment beyond that analyzed at the time of the Specific Plan adoption, and that pursuant to the California Environmental Quality Act, this project was previously reviewed as part of the Final Environmental Impact Report (SCH #2005111117) for the Citrus Ranch project and therefore no further environmental review is required for the Second Amendment to the Development Agreement; and
WHEREAS, approval of a Second Amendment to DA-06-10-22 will amend

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 390 of 953 -2-
the term provisions of the agreement as shown in Exhibit A, attached hereto and incorporated by reference herein to the area subject to the DA as previously amended; and,
WHEREAS, on July 15, 2026, the City Council conducted a duly advertised public hearing, reviewed staff reports, considered testimony both for and against the proposed Amendment, concluded its proceedings, and approved the Amendment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, HEREBY ORDAINS, AS FOLLOWS:

1. The above recitals are true and correct and hereby incorporated by reference herein together with all definitions set forth.

2. The Second Amendment to Development Agreement DA-06-10-22 and the Citrus Ranch project in the underlying DA are consistent with the goals and policies of the Indio General Plan encouraging high quality residential projects inclusive of a variety of housing types, significant amenities, community parks, and open space.

3. The Second Amendment to Development Agreement DA-06-10-22 and the Citrus Ranch project in the underlying DA are consistent with the densities and uses for the project site specified in the Indio General Plan and Specific Plan SP05-11-16.

4. The Second Amendment to Development Agreement DA-06-10-22 and the Citrus Ranch project in the underlying DA are consistent with the Zoning Ordinance of the City of Indio per Specific Plan SP-05-11-16, compatible with the present and future logical growth of the project area (as envisioned in the Indio General Plan, and designed to protect and promote the public health, safety and welfare).

5. The City Council hereby finds that amendments to the Term contained within the Second Amendment to Development Agreement DA-06-10-22 will not modify existing land use designations or development regulations for the Original Project Site, that there will be no impact upon the environment beyond that analyzed at the time of the Specific Plan adoption, and that pursuant to the California Environmental Quality Act, this project was previously reviewed as part of the Final Environmental Impact Report (SCH #2005111117) for the Citrus Ranch project and therefore no further environmental review is required for the Second Amendment to the Development Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. That the above recitals and findings are true and correct, are incorporated herein by this reference inclusive of all definitions and exhibits provided and constitute the findings of the Council in this case.

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 391 of 953 -3-
Section 2. That the Second Amendment to Development Agreement DA06-10-22 is hereby approved.

Section 3. That a fully executed copy of the Second Amendment to Development Agreement DA-06-10-22 between SCC/Indio Citrus Ranch, LLC and the City of Indio is on file in the Office of the City Clerk and will be recorded at the Office of the Recorder for Riverside County.

Section 4. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause a summary of same to be published once in the Desert Sun, a newspaper of general circulation, printed, published, and circulated within the City of Indio and the same shall be in full force and effect thirty (30) days after its adoption.

PASSED, APPROVED, and ADOPTED this 15th day of July 2026 ____________________________

ELAINE HOLMES, MAYOR
ATTEST:

CITY CLERK
________________________________

SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 392 of 953 -4-
Exhibit A: Amendments to Citrus Ranch Development Agreement

Second Reading of Ordinance No. 1842, Approving a Second Amendment to th... Page 393 of 953 City of Indio
City Council
August 19, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Amendment No. 2 to the Professional Services Agreement between the City of Indio and EN Engineering, LLC, in the amount of $291,968.

RECOMMENDATION:

Approve Amendment No. 2 to the Professional Services Agreement between the City of Indio and EN Engineering, LLC, in the amount of $291,968 for additional broadband design engineering, consulting, project management, and construction management services associated with the Federal Funding Account (FFA) Grant project for last-mile fiber deployment to unserved and/or underserved areas within the City.

SUMMARY:

Amendment No. 2 with EN Engineering, LLC will provide the additional design, engineering, and project oversight services needed to complete the City’s broadband expansion project funded through the State’s Federal Funding Account (FFA) Grant program. The work includes planning and managing additional underground fiber installation in unserved/underserved mobile home parks, and neighborhoods, to help bring reliable high-speed internet access to more residents throughout Indio.

Approval of this amendment will help keep the project on schedule, complete the remaining grantfunded work areas, and continue the City’s efforts to improve broadband access for the community.

BACKGROUND INFORMATION:

In July 2021, the City hired Magellan Advisors to prepare a Fiber Master Plan for the City of Indio.

The plan was completed and adopted by the City Council on August 17, 2022, and serves as the roadmap for expanding high-speed internet infrastructure throughout the city.

To move the project forward, the City applied for and received a Local Agency Technical Assistance (LATA) Grant in fall 2022 to support the design of a municipal fiber network. In January 2023, the City Council approved an agreement with Magellan Advisors to complete the design work funded through the grant.

In September 2023, the City applied for a Federal Funding Account (FFA) Grant through the California Public Utilities Commission (CPUC) to help expand broadband service to underserved and unserved areas of Indio. In August 2024, the CPUC awarded the City $8,944,468 in grant funding to construct fiber infrastructure in eligible project areas.

To carry out the grant-funded project, the City Council approved an agreement on September 18, 2024, with EN Engineering, LLC (formerly Magellan Advisors), doing business as ENTRUST AGENDA ITEM #9.7
Amendment No. 2 to the Professional Services Agreement between the City ... Page 394 of 953 Solutions Group, for engineering, design, project management, and construction management services related to the broadband expansion project.

As the project progressed, additional design and field work was identified to connect underserved and unserved areas, including several mobile home parks and nearby residential areas. On June 6, 2025, the City approved Amendment No. 1 to provide additional field work and design services for six project sites, increasing the agreement amount to $1,087,365.52.

City staff and the consultant conducted outreach to property owners and communities located within the project areas, including Towne, Arabian Gardens, Indian Wells mobile home parks, and residential areas near Palo Verde/Sonora, Monroe/Shadow Palm, and Avenue 40/Adams. Despite multiple outreach attempts through mail, email and in-person visits, the Trilogy and Sunnyside mobile home parks did not respond and are therefore not included in the project.

EN Engineering, LLC has now submitted Amendment No. 2 for additional design, engineering, project management, and construction management services needed to complete the remaining FFA project areas. The amendment includes approximately 56,351 linear feet of additional underground fiber design and construction support. The proposed amendment amount is $291,968, which would increase the total agreement amount to $1,379,333.52.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$291,968 In current year budget: Yes
Current FY General
Fund Impact:
$291,968 Budget adjustment: No
Next FY Financial
Impact:

N/A Strategic Objective: Public Infrastructure
Source of funds: FFA Grant, IT-FIBER 25 Fund-Org-Object Reference:
300
Additional Financial Details:

Funding for this amendment is included within the approved Fiscal Year 2026/2027 budget. Funds come from the CPUC’s Federal Funding Account (FFA) Grant that the City received. All work must be completed by July 1, 2027.

ATTACHMENTS:

Amendment 2
APPROVAL(S):

Ian Cozens, Director of Information Technology Approved - 05 Aug 2026 Ruby D. Walla, Director of Finance Pending
Rachel Pust, Finance Manager Pending

Amendment No. 2 to the Professional Services Agreement between the City ... Page 395 of 953 Comprehensive and Dependable
Engineering, Consulting, and
Automation Services
Headquarters:
3333 Warrenville Rd. Suite 750, Lisle, IL 60532
(630) 353-4000 | [email protected]
August 4, 2026
Ian Cozens, CIO
City of Indio, CA
RE: Change Order #2
Dear Ian,
On behalf of EN Engineering, LLC (EN) DBA ENTRUST Solutions Group, I am pleased to submit this proposal for additional broadband design engineering and project and construction management services to the City of Indio.

The City of Indio has requested additional design deliverables for connecting unserved premises located in six (6) public and private property sites inclusive of mobile home parks and homeowner’s associations. Construction method will be micro-trench. Here is a breakdown of those additional deliverables.

Additional fielding, design engineering, as-builts, project and construction management and related travel costs are based on a total of 56,351 additional feet of underground design and construction. Fielding has already been completed, totaling two fielders for 6 days of work; a travel allowance of $75,080 is already included and available in the original contract and will cover all travel expenses for fielding already completed and for any future inspector and construction manager travel expenses (actual incurred, not to exceed $75,080).

Additional Footages
Underground – 56,351’ in the following locations and depicted in Attachments 1 – 7. The Trilogy and Sunnyside mobile home park locations were unresponsive to outreach and are not included in these costs or deliverables.

Attachment 1 – Map of All Underserved Locations
Attachment 2 – Town Mobile at Plaza and Oasis
Attachment 3 – Properties outside of Sunnyside at 40 and Adams Attachment 4 – Arabian Gardens at Clinton and Shalimar
Attachment 5 – Indian Wells at Jefferson and Seagull
Attachment 6 – Properties at Monroe and Shadow Palm
Attachment 7 – Property at Palo Verde and Sonora
Deliverables
1 Fielding crew made up of 2 fielders for 6 days of fielding (complete).

Description Unit CO Cost
New Under Ground Design $1.40 per foot $78,892
Additional As-builts $0.20 per foot $11,270

Amendment No. 2 to the Professional Services Agreement between the City ... Page 396 of 953 Comprehensive and Dependable
Engineering, Consulting, and
Automation Services
Headquarters:
3333 Warrenville Rd. Suite 750, Lisle, IL 60532
(630) 353-4000 | [email protected]
Fielding Completed/Not
Billed
$13,640
Consulting & Project/Construction Management & Inspection 1,035 hours $188,166 Total Labor Costs $291,968
Travel and Expenses (of $75,080 are in original budget) Not to Exceed No Increase Total Change Order Cost Not to Exceed $291,968
The total labor costs for this change order is $291,968. Travel costs are already included in the original project budget and are estimated at $75,080 (not to exceed) and will be billed as actuals as incurred to the original project account.

There is no need to extend the contract to complete these services. The services can be completed prior to the contract expiring on July 31, 2027.

Please let us know how we can assist in answering any questions you may have about the contract Change Order for these services.

Sincerely,
Jory Wolf
VP Digital Innovation
[email protected]
All work is to be completed under the existing Agreement for Fiber Network Consulting, Design Engineering, Project and Construction Management.

Amendment No. 2 to the Professional Services Agreement between the City ... Page 397 of 953

Amendment No. 2 to the Professional Services Agreement between the City ... Page 398 of 953 Comprehensive and Dependable
Engineering, Consulting, and
Automation Services
Headquarters:
3333 Warrenville Rd. Suite 750, Lisle, IL 60532
(630) 353-4000 | [email protected]
ATTACHMENT 1
Map of All Unserved Locations

Amendment No. 2 to the Professional Services Agreement between the City ... Page 399 of 953 Comprehensive and Dependable
Engineering, Consulting, and
Automation Services
Headquarters:
3333 Warrenville Rd. Suite 750, Lisle, IL 60532
(630) 353-4000 | [email protected]
ATTACHMENT 2
Town Mobile – Plaza/Oasis

Amendment No. 2 to the Professional Services Agreement between the City ... Page 400 of 953 Comprehensive and Dependable
Engineering, Consulting, and
Automation Services
Headquarters:
3333 Warrenville Rd. Suite 750, Lisle, IL 60532
(630) 353-4000 | [email protected]
ATTACHMENT 3
Sunnyside (outside of park) – 40/Adams

Amendment No. 2 to the Professional Services Agreement between the City ... Page 401 of 953 Comprehensive and Dependable
Engineering, Consulting, and
Automation Services
Headquarters:
3333 Warrenville Rd. Suite 750, Lisle, IL 60532
(630) 353-4000 | [email protected]
ATTACHMENT 4
Arabian Gardens – Clinton/Shalimar

Amendment No. 2 to the Professional Services Agreement between the City ... Page 402 of 953 Comprehensive and Dependable
Engineering, Consulting, and
Automation Services
Headquarters:
3333 Warrenville Rd. Suite 750, Lisle, IL 60532
(630) 353-4000 | [email protected]
ATTACHMENT 5
Indian Wells – Jefferson/Seagull

Amendment No. 2 to the Professional Services Agreement between the City ... Page 403 of 953 Comprehensive and Dependable
Engineering, Consulting, and
Automation Services
Headquarters:
3333 Warrenville Rd. Suite 750, Lisle, IL 60532
(630) 353-4000 | [email protected]
ATTACHMENT 6
Monroe/Shadow Palm

Amendment No. 2 to the Professional Services Agreement between the City ... Page 404 of 953 Comprehensive and Dependable
Engineering, Consulting, and
Automation Services
Headquarters:
3333 Warrenville Rd. Suite 750, Lisle, IL 60532
(630) 353-4000 | [email protected]
ATTACHMENT 7
Palo Verde/Sonora

Amendment No. 2 to the Professional Services Agreement between the City ... Page 405 of 953 Comprehensive and Dependable
Engineering, Consulting, and
Automation Services
Headquarters:
3333 Warrenville Rd. Suite 750, Lisle, IL 60532
(630) 353-4000 | [email protected]
Table 1 - Schedule of Rates and Services
Communications
ENTRUST Solutions Group Standard Rates
Effective January 1, 2026 to December 31, 2026
Labor Code Position Description Hourly Rate
155 Grants Consultant $ 309.00
155 Project Management Director $ 309.00
140 Design State Licensed P.E. $ 271.00
155 Design Director $ 270.00
155 Network Engineering Director $ 266.00
150, 200 Network Engineer Consultant $ 259.00
610, 210 Planning & Consulting SME $ 259.00
210 Project Manager, Sr. $ 219.00
150 Design Manager $ 195.00
150, 145 Project Manager $ 190.00
624 Design GIS Consultant $ 178.00
600, 10 Construction Manager $ 166.00
200 Design Make Ready Manager $ 162.00
20, 21 Design Coordinator $ 138.00
21 Design Permit Manager $ 138.00
170, 611 Design Engineer / Specialist, Sr. $ 134.00
65 Construction Field Technician $ 133.00
650, 30 Design Engineer / Specialist $ 129.00
47 Design Make Ready Analyst $ 129.00
60 Construction Inspector $ 128.00
47, 48, 650 Design Tech/GIS Analyst, Sr. $ 124.00
24 Grants Analyst $ 124.00
70 Design Technician $ 119.00
47, 48 Design Permit Coordinator $ 116.00
1225 Construction Project Coordinator $ 89.00
190 Project Controls Lead $140.00
130 Project Controls Specialist $120.00
597 Project Controls Assistant $90.00

Amendment No. 2 to the Professional Services Agreement between the City ... Page 406 of 953 City of Indio
City Council
August 19, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Amendment to the Software as a Service Agreement Between the City of Indio and Tyler Technologies in the net amount of $31,320.

RECOMMENDATION:

Approve the amendment to the software as a service (SaaS) agreement between the City of Indio and Tyler Technologies, Inc. originally dated May 17, 2019, for net increase of $31,320 for the removal of Enterprise Asset Management and to increase Enterprise Permitting and Licensing licenses.

BACKGROUND INFORMATION:

In May 2019, the City Council approved the original Software as a Service (SaaS) agreement with Tyler Technologies for the Munis Financial and Human Resources applications. In November 2021, the agreement was amended to add Tyler Enterprise Permitting and Licensing (EPL). The agreement was subsequently amended in April 2025 to include Tyler Enterprise Asset Management (EAM).

The proposed amendment would increase the City’s EPL user licenses from 65 to 85 and remove EAM from the agreement. The additional EPL licenses are necessary to accommodate staffing growth and the expanded use of the application among existing City employees. After accounting for the additional EPL licenses and the removal of EAM, the amendment will result in a net increase of $10,440 per year to the SaaS agreement.

Tyler Amendment Costs
Annual Cost Quarterly
20 Additional EPL Licenses $40,560 $10,140
Removal of EAM ($30,120) ($7,530)
Net Increase/Decrease $10,440 $2,610
Total for remaining of
agreement $31,320 $7,830
FINANCIAL SUMMARY:

Current FY Financial
Impact:
$10,440 In current year budget:

Current FY General
Fund Impact:

Budget adjustment:

AGENDA ITEM #9.8
Amendment to the Software as a Service Agreement Between the City of Ind... Page 407 of 953 Next FY Financial
Impact:
$10,440 Strategic Objective: Organizational
Excellence
Source of funds: Information Technology - ISF Fund-Org-Object Reference:
602-531018
ATTACHMENTS:

Indio, CA Amend 071526

Amendment to the Software as a Service Agreement Between the City of Ind... Page 408 of 953

AMENDMENT
This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the City of Indio, California, with offices at 100 Civic Center Mall, Indio, California 92201-4448 (“Client”).

WHEREAS, Tyler and the Client are parties to an agreement dated May 17, 2019 (“Agreement”); and WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein.

NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows:

1. The following Tyler Software as a Service (SaaS) is hereby removed from the Agreement as of June 1, 2026:
a. Asset Maintenance & Performance

2. As of such date, Client’s right to access the above-listed software is terminated, as are Tyler’s obligations to maintain, support, host and update such software. Additionally, Client’s SaaS fees payment obligation for the above-listed software ends on the same date.

3. The balance due for Asset Maintenance & Performance is hereby voided, and accordingly invoice #045-567305, is hereby credited $7,530.

4. The items set forth in the Amendment Investment Summary attached as Exhibit 1 to this Amendment are hereby added to the Agreement as of the first day of the next quarter following the Amendment Effective Date and, notwithstanding anything to the contrary in Exhibit 1, ending coterminous with the SaaS Term as defined in the Agreement. Payment of fees and costs for such items shall conform to the following terms:
a. As of the first day of the next quarter following the Amendment Effective date, the annual SaaS fees payable under the Agreement shall be increased by the amount indicated in the Amendment Investment Summary, and each quarterly payment shall be increased accordingly. Subsequent SaaS Fees shall be invoiced in accordance with the terms of the Agreement.

5. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement.

6. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below.

Tyler Technologies, Inc. City of Indio, California
By: By:

Name: Name:

Title: Title:

Date: Date:

Amendment to the Software as a Service Agreement Between the City of Ind... Page 409 of 953 Exhibit 1
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Amendment to the Software as a Service Agreement Between the City of Ind... Page 410 of 953 2026-625637-V1Y4W8 CONFIDENTIAL Page 1
Quoted By: Andrew Meyer
Quote Expiration: 12/31/26
Quote Name: New Comm Dev Users
Sales Quotation For:

INDIO, CA CITY OF
ATTN: ACCOUNTS PAYABLE
100 CIVIC CENTER MALL
INDIO CA 92202
Tyler SaaS
Description Term Monthly Fee Users/Units Annual Fee
Enterprise Permitting & Licensing Core Software
Community Development Suite Additional User $ 169 20 $ 40,560 TOTAL 1.00 $ 40,560
Exhibit 1

2026-625637-V1Y4W8 CONFIDENTIAL Page 2
Summary One Time Fees Recurring Fees
Total SaaS $ 40,560
Total Services $ 0 $ 0
Total Third-Party Hardware, Software, Services $ 0 $ 0
Summary Total $ 0 $ 40,560
Comments
SaaS Monthly Fees are rounded to the nearest dollar. The Annual Fee value represents the cost to the customer.

Exhibit 1

City of Indio
City Council
August 19, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Budget Adjustment Appropriation of $100,000 from PEG Fund Balance for Audio/Visual Remodel Projects
RECOMMENDATION:

Approve a budget adjustment appropriating funds from the Public, Educational, and Governmental (PEG) Fund balance in the amount of $100,000 into the FY26/27 budget for audio/visual (AV) improvement and authorize the Finance Department the required budget adjustment.

BACKGROUND INFORMATION:

The City utilizes PEG funds to support eligible government communication infrastructure and technology improvements. Staff has identified the need to modernize AV systems in two public-facing meeting spaces to improve meeting functionality, public accessibility, presentation capabilities, and hybrid participation opportunities.

The proposed projects will enhance the City’s ability to conduct public meetings, community events, presentations, and video conferencing activities. These projects and associated funding were inadvertently not programmed in the FY26/27 budget.

The proposed projects include AV remodels for the following facilities:

The City of Indio’s former Council Chambers has been repurposed as a Community Room. The proposed improvements include the removal of outdated AV equipment, installation of upgraded technology, and programming enhancements that will allow members of the public to independently operate the room’s AV system without assistance from the Information Technology Department. Where feasible, existing equipment will be reused/repurposed as part of the project.

The Corporate Yard public conference room remodel will upgrade the existing AV system to better support public meetings, presentations, and hybrid conferencing through modernized equipment and related infrastructure improvements.

The proposed upgrades are consistent with eligible PEG Fund uses and will improve the reliability and functionality of spaces regularly used for government communication and public engagement.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$100,000 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: Yes
Next FY Financial
Impact:
$0 Strategic Objective: Public Infrastructure
AGENDA ITEM #9.9
Budget Adjustment Appropriation of $100,000 from PEG Fund Balance for Au... Page 413 of 953 Source of funds: PEG Fund Balnace Fund-Org-Object
Reference:
206-553005
APPROVAL(S):

Ian Cozens, Director of Information Technology Approved - 29 Jul 2026 Ruby D. Walla, Director of Finance Pending
Rachel Pust, Finance Manager Pending

Budget Adjustment Appropriation of $100,000 from PEG Fund Balance for Au... Page 414 of 953 City of Indio
City Council
August 19, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Approval of an Indefeasible Right of Use Agreement between the City of Indio and Inyo Networks Inc, dba Onward for the use of City-owned FiberOptic Infrastructure.

RECOMMENDATION:

Approve an Indefeasible Right of Use Agreement with Inyo Networks Inc. dba Onward for the use of specified City-owned fiber strands and conduit for a term of five(5) years, and authorize the City Manager to finalize and execute the agreement and any related documents.

BACKGROUND INFORMATION:

In October 2024, the City of Indio accepted a Federal Funding Account (FFA) grant administered by the California Public Utilities Commission (CPUC) in the amount of $8,944,468.10. The grant funds are being used to construct last-mile fiber infrastructure and expand internet access to areas of Indio identified by the CPUC as unserved or underserved.

As part of the FFA grant process, the City issued a Request for Proposals seeking a qualified partner to operate the fiber network and provide internet services. Onward was the sole respondent; however, the City did not award a contract at that time. During the following year, the City and its consultants evaluated and met with several other potential service providers. As construction of the fiber network approached completion, the City resumed discussions with Onward. Those discussions resulted in the proposed Indefeasible Right of Use agreement governing Onward’s use of City-owned fiber infrastructure and conduit to provide internet services.

An Indefeasible Right of Use, commonly referred to as an IRU, grants a party the exclusive right to use specified telecommunications infrastructure for a defined period while the City retains ownership of the underlying assets. Under the proposed agreement, Onward would receive the right to use 144 strands of city-owned fiber and inner-duct installed as part of the FFA Grant for a period of five(5) years. The agreement would allow Onward to use the designated infrastructure to operate a fiber network and provide internet services within the City. In consideration for the use of the City’s fiber infrastructure, Onward will provide the City with two geographically diverse, dedicated 10 Gbps internet circuits; assume responsibility for the maintenance and repair of the City’s entire fiber network; and, for any expansion of the network completed by Onward at its own expense beyond the infrastructure funded through the FFA grant, provide the City with 12 strands of dark fiber for municipal use.

AGENDA ITEM #9.10
Approval of an Indefeasible Right of Use Agreement between the City of I... Page 415 of 953 The agreement establishes each party’s responsibilities for access, maintenance, repairs, emergency response, regulatory compliance, insurance, indemnification, and restoration of affected City property. It also preserves the City’s ownership of the fiber and conduit and limits Onward’s rights to the specific infrastructure identified in the agreement.

FINANCIAL SUMMARY:

Current FY Financial
Impact:

In current year budget:

Current FY General
Fund Impact:

Budget adjustment: No
Next FY Financial
Impact:

Strategic Objective: Public Infrastructure
Source of funds: Fund-Org-Object
Reference:

Additional Financial Details:

There is no direct monetary compensation associated with the proposed agreement. Onward will be responsible for the costs associated with operating, maintaining, and repairing the infrastructure assigned to it, as specified in the agreement.

ATTACHMENTS:

INDIO - ONWARD IRU Agreement

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 416 of 953

BROADBAND NETWORK PUBLIC-PRIVATE PARTNERSHIP OPERATING AGREEMENT (INCLUDING IRU RIGHTS)
This Indefeasible Right of Use Agreement (“Agreement”), made effective as of the latter of the signatures below (the “Effective Date”), by and between the City of Indio, (“City”), and Inyo Networks Inc., d/b/a “Onward”, a California corporation and a Certified Local Exchange Carrier in the State of California (“Onward”), with respect to the following:

RECITALS:

A. The City has undertaken a Citywide broadband strategic planning process to upgrade City communications and services and expand connectivity, competition, and access to residents, businesses, and stakeholders of the City, including approximately 19.1 miles of new fiber optic backbone.

B. The City was awarded a $8,944,468 Federal Funding Account Grant (“FFA Grant”) on August 22, 2024 to design and construct the expansion of approximately 19 miles of 288-strand fiber optic backbone and distribution network that will pass 1,264 homes and businesses, including 348 locations in specific census blocks designated by the California Public Utilities Commission (“CPUC”) as unserved.

C. The City issued a Request for Proposals on June 19, 2023 seeking proposals from qualified Internet Service Providers to establish a public private partnership with the City to expand the availability of Internet access and other communications services by operating and maintaining the City’s network in order to offer retail internet and data subscriber services to residents, businesses, and governmental entities located in the CPUC-designated census blocks, especially to those who have been historically underserved or unserved in broadband access.

D. Onward submitted a qualified response to the City’s RFP on July 31, 2023 (Bid 2306- 001) , proposing a variety of possible partnership models including a public-private partnership whereby Onward would provide the network operations, maintenance, service drop installation, customer equipment, network support, customer service, billing, and associated retail activities required to offer subscriber internet services to residents and businesses within Indio.

E. The City selected Onward as the preferred proposer under the RFP and the parties commenced cooperation and refinement of the terms of this Agreement.

F. Subject to the terms of this Agreement, the City grants to Onward a limited, exclusive right of use of the IRU Facilities identified in Exhibit C, solely for the purposes of fulfilling its obligations under this Agreement. As compensation for Onward’s provision of broadband internet services to unserved locations and funding the associated service drop costs and equipment required, the City is willing to grant, and Onward is willing to accept, an Indefeasible Right of Use (“IRU”) to use certain dark fibers and associated assets of the City-owned network (“City Network”), on the terms and conditions set forth below.

NOW THEREFORE, in consideration of the mutual promises set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:

SECTION 1: DEFINITIONS
a) “City” shall mean the City of Indio.

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 417 of 953 b) “City Network” shall mean the combined City-owned conduit, fiber cables (underground and aerial), and Outside Plant and appurtenances (vaults, handholes, cabinets, splice cases, etc.) both FFA Grant funded or otherwise existing or as may be expanded in the future through City or public funding, which combined, provides for a high-speed broadband data and communications network capable of providing data services to any public or private location physically connected on the network.
c) “FFA Grant” shall mean the $8,944,468 Federal Funding Account Grant awarded by the CPUC to the City of Indio on August 22, 2024 through CPUC Resolution T-17833 to design and construct an expansion of approximately 19 miles of 288-strand fiber optic backbone and distribution network that will pass 1,727 housing units and businesses, including 498 locations in specific census blocks designated by the CPUC as un- or under-served. d) “Gbps” shall mean and refer to the transmission of data at “gigabits per second.” A gigabit is equal to 1,000 megabits.
e) “IRU Facilities” shall mean the dark fiber strands and occupancy rights to conduit for Onward’s use during the term of this IRU, as specifically described in Exhibit C. f) “Lateral” shall mean the low-strand-count fiber cables used to connect specific public or private locations or facilities to the fiber optic network, also known as a Service Drop. g) “Mbps” shall mean and refer to the transmission of data at “megabits per second.” 1 megabit is equal to 1/1000 of a gigabit.
h) “Network Equipment” shall mean the core and edge equipment required to be installed at the terminus ends of the fiber, and which are required to operate the City Network as communications network. Network Equipment excludes Outside Plant. i) “Outside Plant” shall mean the conduit, fiber cables, handholes, boxes, cabinets, hubs, vaults, pull-boxes, risers, splice cases, and associated assets and infrastructure that are required in the field to ensure a stable and functional fiber optic network. Outside Plant excludes Network Equipment.
j) “Project Facilities” shall mean the portion of the City Network and its associated Outside Plant specifically funded by the FFA Grant and constructed by the City and/or its contractors. k) “Service Drop” shall mean the low-strand-count fiber cables used to connect specific public or private locations or facilities to the fiber optic network, also known as a Lateral. l) “Symmetrical” refers to the ability for a data network to provide identical download and upload speeds concurrently.
m) “Taxes” shall mean and refer to any and all taxes, fees, surcharges and other related charges that may be imposed or levied on Onward or City by any federal, state, City and local governmental agency, including, but not limited to, possessory interest tax, business or occupation tax, commercial, deaf, district, excise, high cost fund, lease, lifeline assistance, low income, occupational, privilege, Public Utility Commission, sales, telecommunications relay service, telephone assistance, universal service funding, use, utility user, value-added, 911, or other similar taxes, fees and surcharges as is or may be levied against Onward and passed through to its customers.
n) “Unserved” or “Underserved” areas shall mean the CPUC accepted definition and published eligibility maps.

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 418 of 953 o) “Grant-Funded Network Systems” shall mean the communications equipment, network electronics, software, systems, subscriber equipment, related infrastructure, operational platforms, and associated services funded through the FFA Grant.

SECTION 2: GRANT OF INDEFEASIBLE RIGHT OF USE

2.1 Proprietary Capacity Only. All Parties acknowledge that City, in executing this Agreement, is acting only in its proprietary capacity as the owner of the City Network, and not in any regulatory fashion. Onward shall not consider this Agreement as approval of any applicable permits, licenses or other governmental approvals required for the use and activities described herein.

2.2 Indefeasible Right of Use.

This IRU Agreement sets forth the terms and conditions under which Onward shall use the City Network.

Effective as of full execution of this Agreement, the City hereby grants to Onward:
a. An exclusive indefeasible right of use (“IRU”) of the IRU Facilities. b. Nonexclusive use, occupancy, and access rights to the Outside Plant needed to access the IRU Facilities, but specifically excluding:
a. traffic signal cabinets and vaults
b. any vaults, handholes, conduit or other facilities that are not located within the public Right-of-Way (“ROW”)
c. Other Required Rights. In accordance with Sections 3.1, Onward shall be responsible at its own cost to obtain all required approvals and authorizations required to access, operate, construct, install, remove and maintain the IRU Facilities and City Network that are located outside the City-controlled public ROW, or other authorized jurisdictions.

2.3 Disclaimer.

City makes no warranty, express or implied, with respect to the IRU Facilities, including any warranty of merchantability and fitness for particular purpose, and all such warranties are expressly disclaimed.

In addition, City makes no warranty or representation of any type concerning the integrity or performance of the materials furnished or designated by Onward.

2.4 Title to IRU Facilities.

It is understood and agreed that City shall retain legal title to the entirety of the City Network and Project Facilities, including the IRU Facilities, and nothing contained herein shall be interpreted to give or convey to Onward any property right, title or interest in the City Network, including the IRU Facilities, which will at all times be and remain City’s real or personal property.

2.5 Term.

The initial term of this Agreement shall be five (5) years (“Initial Term”), commencing on the Effective Date. The Effective Date means the date on which this Agreement has been executed by both Parties.

The Initial Term of this License shall expire at midnight on the day before the fifth (5th) anniversary of the Effective Date.

2.5.1 Extension Terms. Prior to expiration, the Agreement may be extended for two (2) fiveyear (5 year) extensions (“Extension Terms”), upon mutual written agreement by both parties.

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 419 of 953

2.6 Permitted IRU Activities.

2.6.1 Use. Subject to the terms and conditions herein, Onward may:
a) Use the IRU Facilities for any lawful telecommunications purpose for its own business use and in providing dark and lit fiber optic services to Onward subscribers, in compliance with any FFA Grant-funded or other governmental obligations or requirements; and
b) Install, construct, splice, maintain, replace, repair, upgrade, and remove equipment, facilities, and related appurtenances necessary for Onward’s use of the IRU Facilities (“Onward Facilities”). In the event Onward proposes to modify or install new portions of the Onward Facilities that directly interconnect with the IRU Facilities, Onward shall obtain the City’s advance written approval of plans and specifications for the construction, installation or modification of the Onward Facilities.

2.6.2 Equipment. Onward acknowledges and agrees that City shall not supply and City is not obligated to supply to Onward any optronics or electronics or optical or electrical equipment or other facilities, including without limitation, generators, batteries, air conditioners, fire protection and monitoring and testing equipment, all of which are the sole responsibility of Onward. City shall not be responsible for performing any work other than as specified in this Agreement. Onward agrees and acknowledges that it has no right to use any of the City Network, other than the IRU Facilities.

2.6.3 Restrictions. Except as otherwise provided herein, City shall have no right to use the dark fiber strands leased to Onward, as identified in Exhibit C, during the Term of this Agreement.

2.6.4 Splicing. All splicing will be responsibility of Onward and all such splicing shall meet City specifications.

2.6.5 Compliance. Onward agrees to use the IRU Facilities only in a manner consistent with the rights granted herein and agrees that its rights shall in all respects be subject to the terms and conditions of the Agreement. Onward agrees not to cause or allow to be caused any default under the Agreement.

2.6.6 Preventing Interference with Other Fibers. Onward shall not use equipment, technologies, or methods of operation that interfere in any way with or adversely affect the City Network or the use of the City Network by the other party or third parties or their respective fibers, equipment and appurtenances used or owned by the other party or third parties. Notwithstanding the above, the provisions of this Section shall not prevent a party from using commercially reasonable equipment, technologies, or methods of operation if the interference or adverse effect on the other party or a third-party results primarily from such other party or third party’s use of equipment, technologies, or methods of operation that are not commercially reasonable or that are not standard in the telecommunications industry.

2.6.7 Liens. Onward shall not cause or permit any part of the City Network to become subject to any mechanic’s, materialmen’s, or vendor’s lien, or any other lien or security interest. If Onward breaches its obligations under this Section, it shall immediately notify City in writing, shall promptly cause such lien or security interest to be discharged and released of record without cost to City, and shall indemnify City against all costs and expenses (including reasonable attorneys’ fees and court costs at trial and on appeal) incurred in discharging and releasing such lien or security interest.

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 420 of 953

2.6.8 Representations & Warranties. Onward represents and warrants that the use of the IRU Facilities by its customers or end users shall comply with all applicable laws, ordinances, rules, regulations and restrictions.

2.6.9 Network Configuration. Onward shall be responsible for the configuration and operation of Onward’s network using the IRU Facilities, including splicing Onward network into City Network and all associated and required splicing of the City Network to allow for its full use and enjoyment of the rights granted in this IRU; interconnection facilities, network equipment, testing equipment and procedures, maintenance (other than maintenance of the IRU Facilities or any portion of the City Network), and other facilities or actions necessary to use the IRU Facilities. Onward shall conduct all operations and use of the IRU Facilities in a manner that does not interfere with the City Network or the use thereof by City or any other customer or end user of City. Onward shall comply at all times with City’s operating procedures and interconnection requirements.

2.6.10 City Liability. Onward shall include in each one of its customer agreements or any tariff covering any service that uses any portion of the City Network (including the IRU Facilities), a provision which excludes any liability of the City for any interruptions, failures, or degradation of service provided by Onward using, in whole or in part, the IRU Facilities.

2.7 Interconnection Segments and Distribution Facilities.

2.7.1 Construction of Facilities. Onward may construct, at no cost to City, distribution networks and facilities from the IRU Facilities, including Laterals serving Onward’s end users (“Distribution Facilities”). Onward may also construct, at no cost to City, diverse interconnection segments (“Interconnection Segments”) required to integrate the City Network and IRU Facilities with redundant backhaul and data center connectivity necessary to provide Direct Internet Access and related services to Onward subscribers. The Distribution Facilities and Interconnection Segments constructed and installed by Onward shall remain Onward’s personal property.

2.7.2 Permits. Onward shall be responsible for obtaining and maintaining all permits from applicable governmental authorities for the construction and installation of the Interconnection Segments and Distribution Facilities. Onward shall be responsible for obtaining and maintaining all easements, permits and other rights of way necessary for the ownership, maintenance and operation of the Interconnection Segments and Distribution Facilities.

2.7.3 Specifications. Onward will construct the Interconnection Segments and Distribution Facilities in accordance with the minimum construction specifications as published in City Standards and Specifications, municipal code, or as may be provided by the City.

SECTION 3: GOVERNMENTAL APPROVALS & GRANT OBLIGATIONS

3.1 Governmental Approvals
Any required permits or approvals for Onward’s use, maintenance, modifications, removal, upgrade, or repair of the IRU Facilities shall be obtained by Onward at Onward’s sole expense. Furthermore, it is understood and agreed that Onward’s ability to utilize the IRU Facilities is contingent upon its obtaining and maintaining in compliance all of the certificates, permits, authorizations, and other approvals that may be required by any federal, state, or local authorities, including but not limited to Onward’s Certificate of Public Convenience and Necessity (CPUC Utility No. U-7159-C), and any permits, authorizations, and approvals required by the California Public Utilities Commission (collectively, the “Governmental Approvals”; individually, a “Governmental Approval”). City shall bear no responsibility or liability under this Agreement for Onward’s inability to make use of the IRU Facilities due to a failure to obtain any Governmental Approval. If Onward fails to receive such Governmental Approvals or any such

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 421 of 953 Governmental Approval lapses or expires for more than thirty (30) days, then City may terminate this Agreement upon thirty (30) days prior notice.

3.2 Grant Compliance
Onward shall maintain compliance with all conditions and requirements imposed by the FFA Grant and any additional grant funds awarded and utilized through this IRU. FFA Grant funding is allocated to provide connectivity to eligible CPUC-designated unserved households, and that all Project Facilities funded through the FFA Grant must demonstrate its necessity to connect Unserved Locations. Onward shall ensure construction and connectivity to 348 CPUC-designated Locations falling within the census blocks as identified in Exhibit A, as may be amended or modified to comply with grant award requirements and conditions. Onward shall provide any requested information required by the FFA Grant.

3.3 Broadband Service for Unserved Locations.

3.3.1 Services for Unserved Locations. Onward shall provide retail internet, data and voice services to FFA Grant funded Unserved Locations that elect to subscribe to service. Onward shall provide the following speed tiers and pricing commitments to any subscribers receiving service over the IRU Facilities, for a period not less than five (5) years: (a) 1 Gbps download and 1 Gbps upload – not to exceed $69.95 per month; and (b) 2 Gbps download and 2 Gbps upload – not to exceed $99.95 per month. Onward shall publicize and offer affordable rate plans for qualified low-income households, including the Internet First program, which offers a minimum 1 Gbps download and 1 Gbps upload monthly subscriber rate for low-income households of $40/month which may be in coordination with, but not dependent on, state or federal funding, as may be available, renewed, amended, established or funded by state or federal governments.

3.3.2 Open Access. During the Initial Term, Onward shall have the exclusive right to utilize the dark fiber strands identified in Exhibit C (the “Onward Strands”) within the grant-funded fiber optic cable comprising the IRU Facilities for purposes of providing broadband and related telecommunications services. The City shall not provide third-party Internet Service Providers access to the Onward Strands during Initial Term and any authorized Extension Terms.

The City retains ownership of the IRU Facilities and all rights to fiber strands and capacity not expressly granted to Onward under this Agreement. Following expiration of the Agreement, the City may utilize City-retained strands, reserved capacity, or other portions of the IRU Facilities for openaccess or shared-use purposes, including access by other Internet Service Providers, to the extent consistent with applicable grant requirements and applicable law.

In compliance with the FFA Grant requirements, Onward agrees to ensure open access and to sublease or sub-license dark fiber access across the strands leased to Onward through this IRU to other qualified Internet Service Providers, at reasonable rates consistent with comparable markets. Onward shall administer such open access on a wholesale basis and shall offer its retail broadband services to all residents and businesses within the Project area on a nondiscriminatory basis.

3.3.3 Services Offered Within City. Onward shall actively market and offer its suite of subscriber data and internet services to residents and businesses within the City of Indio, utilizing rates at or below Onward’s national pricing plan, and in compliance with any FFA Grant funding requirements.

SECTION 4: ONWARD OBLIGATIONS; OPERATIONS

4.1 Onward’s Operation and Maintenance of City Network

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 422 of 953 Effective as full execution of this Agreement and the concurrent commencement of this Agreement, Onward shall operate and maintain the City Network, as may be expanded or constructed, for the Initial Term of this Agreement and any Extension Term, at no cost to the City, in accordance with the following terms:
a) Maintenance of Structural and Network Operational Aspects. Onward shall maintain the structural aspects of the City Network in good operating condition such that they at all times conform to the minimum specifications, utilizing sound engineering practices in accordance with Onward’s Enterprise Service Level Agreement (“SLA”), attached hereto as Exhibit D, and incorporated herein by this reference.
b) Delegation of Maintenance Services. Onward may subcontract for testing, maintenance, repair, restoration, relocation, or other operational and technical services for the maintenance of the City Network, subject to written City approval of subcontractors, which may not unreasonably be withheld. Any delegation or subcontracting by Onward shall not operate to relieve Onward of its responsibilities under this Agreement.
c) Notification of Problems. Onward shall immediately notify City of any matters pertaining to any damage or impending damage to or loss of the use of the City Network that are known to it and that could reasonably be expected to adversely affect the City Network. Onward shall immediately notify City of any matters pertaining to any damage or impending damage to or loss of the fiber strands or the City Network that are known to it and that could reasonably be expected to adversely affect the City Network or City’s use thereof. d) Notice of Damage. Onward shall promptly notify City of any matters pertaining to any damage or impending damage to or loss of the use of the City Network that are known to it and that could reasonably be expected to adversely affect the City Network and Project Facilities.

4.2 Upgrades to City Network

4.2.1 Cable Upgrades. Per Section 2.2(b), Onward is granted conduit occupancy rights to the IRU Facilities. When Onward pulls a new fiber cable into an existing City conduit, Onward shall dedicate half (50%) of the strands contained within the new cable to the City for its use per Section

4.3. When an existing conduit run does not have existing capacity to house a new, additional fiber cable, the City may, at its sole discretion and upon written approval, allow Onward to replace an existing City cable with a new, higher-capacity strand cable; Onward shall dedicate dark fiber strands for City use at an amount not less than 125% of the old (replaced) cable. Replacement of existing cable, including any necessary slicing, testing, and maintenance, shall comply with Section 2.

4.2.1.1 For example, if the City has an existing 96-strand cable that needs to be replaced/upgraded due to Onward’s needs, Onward may replace it with a 288-strand cable, and dedicate 120 strands on the new cable back to the City for its use.

4.2.2 Private Extensions. Onward shall provide written notice to the City not less than ninety (90) days prior to constructing new, privately-funded and privately-owned backbone and/or distribution extensions (conduit, cable, and/or aerial extensions, but excluding Service Drops) from the City Network (“Private Extensions”). The City may, at its sole discretion, request access to twelve (12) strands of dark fiber, at no cost to the City, along some or all of these new privately-funded/owned routes for its public use, per Section 4.3, for the remaining term of this Agreement and any subsequent extensions, amendments, or renewals.

4.2.3 Public Need. Upon City’s written notice to Onward of an identified City need for City and public service connectivity, Onward shall evaluate the commercial viability of the proposed route.

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 423 of 953 Upon execution of a cost-sharing arrangement, dark fiber IRU, joint trench project, or other written agreement, Onward shall construct the new routes (“Shared Network”) and interconnect with the City Network, providing the City access to the dark fiber strands as mutually agreed.

4.3 Provision of Broadband and Services to City

4.3.1 Municipal Connectivity Services. Onward shall provide two (2) diverse and redundant symmetrical 10 Gbps broadband connectivity circuits for the City’s governmental and public service use, at no recurring cost to the City, to not less than two (2) City-owned sites physically interconnected to the Project Facilities and/or Onward’s privately owned fiber network. Such connectivity shall support the City’s non-commercial governmental operations and provision of public services.

4.4 City Dark Fiber. Onward shall provide dark fiber operations and maintenance activities to the City, as defined in the SLA in Exhibit D, over any fiber strands dedicated for City use that are not explicitly identified and provided for Onward’s commercial use in the IRU as defined in Exhibit C.

4.5 Use of City Network

4.5.1 Compliance with Applicable Law. Onward warrants that its use of the City Network shall comply with all applicable governmental codes, ordinances, laws, rules, regulations, and restrictions.

4.5.2 No Interference. City acknowledges that Onward is obligated to operate and maintain the City Network and provide broadband internet connectivity to City at no cost to City, in accordance with this Section 4 during the Initial Term and any Extension Terms. Onward shall not use the City Network in a way that interferes in any way with or adversely affects the use of the City Network by the City or any City-authorized users of the City Network as determined by the City’s Engineers.

Likewise, City shall not use the City Network in a way that interferes with or adversely affects Onward’s contractual use of City’s City Network. In the event of interference caused by Onward’s fibers or equipment, City will provide notice to Onward, and Onward shall take immediate steps to cure the interference. If Onward is unsuccessful in doing so, City may take reasonable steps to cure the interference to the extent necessary, and Onward shall reimburse City for its costs and expenses incurred to cure such interference within thirty (30) days following receipt of the City’s demand for reimbursement. If Onward is experiencing interference solely caused by City, Onward will notify City, and City will take reasonable steps to cure the interference. The Parties will promptly cooperate to reestablish operation as soon as possible.

4.5.3 Damages. If Onward or any of its contractors or consultants damages the City Network or any other property owned by the City, as determined by the City, Onward shall immediately repair such damage to the reasonable approval of City. If Onward fails to repair such damage, City may take reasonable steps to repair the damage, and Onward shall reimburse City for its costs and expenses incurred to repair such damage within thirty (30) days following receipt of the City’s demand for reimbursement

4.6 Prevailing Wages. Onward acknowledges and accepts the requirements of California Labor Code sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. (the “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Onward agrees to comply with such Prevailing Wage Laws with respect to any work under this Agreement which constitutes, or is determined by the Department of Industrial Relations or by a court to be, a “public works” project under California law. Accordingly, Onward shall also defend,

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 424 of 953 indemnify and hold the City, its elected officials, officers, employees and agents free and harmless pursuant to the indemnification provisions of this Agreement and from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws in connection with this Agreement.

SECTION 5: TERMINATION; BREACHES

5.1 Termination of IRU.

5.1.1 Onward Breach. City at City’s option may terminate the IRU Agreement in the event Onward fails to perform the obligations set forth in this Agreement beyond the applicable 30-day cure period. Upon termination of the IRU, Onward shall reasonably cooperate with City and continue the provision of broadband services per FFA Grant requirements and obligations, and operations and maintenance of the City Network until such time as a City selected successor is prepared to, and ready willing and able to take on such responsibilities, not to exceed six (6) calendar months.

5.1.2 Assets. Upon termination due to a breach by Onward per Section 5.1.1, all Outside Plant constructed as a Shared Network per Section 4.2.3 shall transfer as personal property in fee title to the City. Any Onward-funded and installed cable within City conduit per Section 4.2.1 shall transfer as personal property in fee title to the City. Any Grant-Funded Network Systems funded in whole or in part through the FFA Grant and utilized for operation of the Project Facilities during the Initial Term shall also transfer as personal property in fee title to the City, excluding any non-transferable software licenses, intellectual property, or third-party services. Any City rights enjoyed through this IRU on Private Extensions, per Section 4.2.2, shall be terminated concurrent with the termination of this Agreement, and be retained as the sole personal property in fee title of Onward.

5.1.3 Bankruptcy. This IRU Agreement may be terminated prior to the expiration of this Agreement by either Party if the other Party files a bankruptcy petition in any bankruptcy court proceeding or answers, consents or seeks relief under any bankruptcy or similar law.

5.1.3 Parties Agree. This IRU Agreement may be terminated prior to the expiration of this Agreement if both Parties agree in writing to terminate the IRU Agreement.

5.2 Notice of Breach.

In the event either party fails to perform the obligations set forth in this Agreement, the nondefaulting party may provide written notice of such default including reasonable detail of the default, and shall provide thirty (30) days to cure the default to the satisfaction of the City. Upon the failure by the defaulting party to cure any default , the nondefaulting party may do any or all of the following:
a) Terminate this Agreement pursuant to Section 5.1.
b) Perform or cause to be performed such unfulfilled obligations of the defaulting party. The defaulting party shall reimburse the nondefaulting party of the reasonable cost thereof, plus interest at the rate of ten percent (10%) per annum, within thirty days after delivery to the defaulting party of written receipts reflecting the costs and evidencing the fulfillment of such obligations; and/or
c) Pursue any legal remedies it may have under this Agreement, as well as applicable law or principles of equity.

5.3 Rights At Expiration.

5.3.1 Expiration. This Agreement shall automatically terminate on the expiration of the Initial Term and Extension Terms. Upon the expiration of the Initial Term and any Extension Terms, the IRU

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 425 of 953 shall immediately terminate and all rights of Onward to use the IRU Facilities and City Network shall cease, all rights to use and operation of the City Network shall revert to City, and City shall owe Onward no further duties or consideration. Onward shall promptly remove all of Onward’s electronics, equipment and other Onward-owned property from the City Network at Onward’s sole cost subject to City’s reasonable approval. Upon expiration, Onward shall not be entitled to, nor shall City be liable for, any refunds or reimbursement of any investment or funds expended by Onward under the Project.

5.3.2 Assets Upon Expiration. Upon expiration of this Agreement, Private Extensions per Section 4.2.2 and Shared Network per Section 4.2.3 shall be retained in fee title by Onward; no City lease or IRU rights shall survive the expiration. All cable upgrades per Section 4.2.1 shall revert in fee title to the City as personal property, and no Onward conduit occupancy rights shall survive. Upon receipt of a Bonafide third-party offer to purchase or lease the City reverses the right of first refusal to purchase of any Private Extensions per Section 4.2.2 and Shared Network per Section 4.2.3 depreciated fair market value as determined by a third-party appraiser.

5.3.3 Extensions & Renewals. Nothing in this Agreement shall prevent both Parties from negotiating an IRU extension or new agreement prior to or after expiration.

5.4 Survival of Remedies.

Notwithstanding the foregoing, no termination of this Agreement shall affect the rights or obligations of any party hereto with respect to any payment hereunder for services rendered prior to the date of termination.

SECTION 6: RELOCATION OF IRU FACILITIES

6.1 If relocation of the IRU Facilities or Onward privately-owned assets is required by a governmental agency, a grantor of any required rights or licenses, or is determined by the City to be necessary based on reasonable business needs of the City, the City shall have the right to request Onward to relocate the assets. Onward shall provide the City upon one hundred twenty (120) calendar days prior written notice of any relocation, and shall have the obligation to proceed with such relocation, including, but not limited to, the right to determine the extent of, the timing of, and methods to use for such relocation.. Onward will cooperate in good faith with City to facilitate such relocation, and Onward shall be responsible for costs and expenses in connection with any such relocation, consisting of the direct costs for the reestablishment of connections in a quantity and quality materially equivalent to those connections obtained by Onward before the relocation and installation in a manner equivalent to the initial placement. The City shall have the right to review and approve the relocation plans of Onward not less than fourteen (14) days prior to any relocation and shall have the right to have a representative present at the time Onward relocates IRU Facilities. The City agrees to use commercially reasonable efforts, as determined by the City, in cooperation with Onward, to minimize and avoid: (i) any interruption to Onward’s enjoyment of the Agreement, (ii) any material impact on the route diversity of Onward’s network, or (iii) any material impact on Onward’s ability to carry traffic on the City Network with the equipment Onward was using prior to the relocation.

SECTION 7: STANDARD OF PERFORMANCE
Onward represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the obligations required under this Agreement in a thorough, competent and professional manner. Onward shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all obligations. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the obligations required of Onward under this Agreement, and shall use such skill, prudence, and diligence as other members of Onward’s

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 426 of 953 profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in this Agreement that shall also be applicable to Onward’s actions in performing its obligations under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 8: ASSIGNMENT

8.1 Onward shall not assign, hypothecate, sublet, transfer, license, sublicense, sell or share the IRU Facilities, or any portion thereof, this Agreement or any interest therein directly or indirectly, by operation of law or otherwise, without the prior written consent of City, which may be withheld at its sole discretion. Any attempt to do so without the City’s consent shall be null and void, and any assignee, hypothecate, transferee, licensee or sublicensee shall acquire no right or interest by reason of such attempted assignment, sublease, hypothecation, transfer, license or sublicense.

8.2 Notwithstanding the foregoing provisions to the contrary, Onward may, without City’s consent assign this Agreement to any entity controlling, controlled by, or under common control with, Onward, or to a successor entity by merger or the purchaser of substantially all of the business, assets, or equity interest of Onward, as long as such assignee has the same technical and financial ability as Onward to perform all of the obligations under this Agreement, such assignee undertakes the legal obligations to perform all of Onward’s obligations under this Agreement, and Onward shall remain liable for all of its obligations under this Agreement, unless the City agrees to release Onward.

If in the performance of its duties Onward utilizes subcontractors, Onward covenants that subcontracts, if any, shall contain a provision making or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in this Agreement. Onward acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the City.

SECTION 9: INDEMNIFICATION. To the fullest extent permitted by law, Onward shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Onward or sub contractors), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance Agreement obligations by Onward, its officers, agents, employees, representatives, sub-contractors, anyone directly or indirectly employed by any of them, or anyone that they control. Onward’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.

Onward agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Onward in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Onward fails to obtain such indemnity obligations from others as required here, Onward agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 427 of 953 forth herein is binding on the successors, assigns or heirs of Onward and shall survive the termination of this Agreement and this section.

SECTION 10: INSURANCE.

Onward agrees to obtain and maintain in full force and effect during the Initial Term of this Agreement and any Extension Terms, the insurance policies set forth in Exhibit F and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so, approved in writing by the City Manager.

Onward agrees to provide City with copies of required policies upon request.

SECTION 11: FORCE MAJEURE. The obligations of the Parties are subject to force majeure and neither Party shall be in default under this Agreement if any failure or delay in performance is caused by strike or other labor dispute; accidents; acts of God; fire; flood; earthquake; lightning; condemnation or the exercise of rights of eminent domain; or any other cause beyond the reasonable control of either party hereto. The excused Party shall use its best efforts under the circumstances to avoid or remove such causes of nonperformance and shall proceed to perform with reasonable dispatch whenever such causes cease or are removed. Notification of any such event or cause shall be given by the excused party to the other and, when possible, of the estimated duration.

SECTION 12: TAXES. The Parties acknowledge that the City retains legal title to the IRU Facilities and the City Network at all times and that this Agreement conveys no ownership interest in the IRU Facilities or the City Network to Onward. The grant of the IRU is made in consideration of the in-kind obligations Onward performs under this Agreement, and the Parties ascribe no separate monetary value to the IRU Facilities. Each Party shall report this Agreement consistently with the foregoing. To the extent any federal, state, or local Taxes, including without limitation any possessory interest tax or other tax arising from or attributable to Onward’s rights under this Agreement or its use or operation of the IRU Facilities or the City Network, are lawfully imposed, such Taxes shall be the sole responsibility of Onward. The City shall not be responsible for any Taxes imposed as a result of Onward’s use of the IRU Facilities or the City Network or the rights granted to Onward under this Agreement. Each Party shall remain responsible for any Taxes lawfully imposed on it. The respective owner of project facilities shall be wholly responsible for any applicable taxes or fees and submit taxes or fees due prior to date payment is required. Neither party shall allow any tax liens to be placed on any project facilities. Nothing in this Agreement shall be construed to require the City to reimburse, indemnify, or otherwise bear responsibility for any Taxes imposed on Onward as a result of its use, occupancy, operation, or other rights granted under this Agreement.

SECTION 13: JURISDICTION AND VENUE. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in Riverside County, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, Eastern Division (Riverside). Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Onward expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

SECTION 14: ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 428 of 953 negotiations, prior discussions and agreements made prior to the date hereof. This Agreement may not be modified except in a writing executed by both Parties.

SECTION 15: PARAGRAPH HEADING AND CONSTRUCTION. The section headings contained in this Agreement shall not be considered to be a part hereof for purposes of interpreting or applying this Agreement, but are for convenience only.

SECTION 16: BINDING ON SUCCESSORS; NO THIRD-PARTY BENEFICIARIES. This Agreement, and all of the provisions hereof, shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. No customer, other person or entity other than the Parties shall be deemed to be a third-party beneficiary hereof, and nothing in this Agreement, either express or implied, is intended to confer upon any customer or other person or entity, other than the parties and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

SECTION 17: INDEPENDENT CONTRACTORS. Onward’s contractors, agents and representatives are independent contractors of Onward, and are not employees or independent contractors of City while on the City property, or while engaged in any work on the City Network, including the construction, installation, maintenance or operation of the IRU Facilities. Onward shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.

The personnel performing the scope of work under this Agreement on behalf of Onward shall at all times be under Onward’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Onward or any of Onward’s officers, employees, sub-contractors or agents except as set forth in this Agreement. Onward shall not at any time or in any manner represent that Onward or any of its officers, employees, or agents are in any manner officials, officers, employees or agents of City.

Neither Onward, nor any of its officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Onward expressly waives any claim Onward may have to any such rights.

SECTION 18: ATTORNEYS’ FEES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs, and expenses, in addition to any other relief to which it may be entitled.

SECTION 19: NOTICE. All notices, requests, and demands required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested. Notice shall be deemed effective on the date personally delivered or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. Notices, requests and demands will be addressed to the parties as follows:

City:

City of Indio
Attn: City Manager
100 Civic Center Drive
Indio, CA 92201
Onward:

Inyo Networks, Inc. DBA Onward
ATTN: Legal
10621 Church Street, Suite 100
Rancho Cucamonga, CA 91730

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 429 of 953 Either party may change the address or persons to which notices are to be sent by giving thirty (30) days’ prior written notice of such change to the other party in the manner provided herein.

SECTION 20: INCORPORATION OF RECITALS. All of the recitals are incorporated by this reference and are made a part of this Agreement.

SECTION 21: SURVIVAL OF TERMS. All terms that by their nature should survive termination of this Agreement shall survive, including but not limited to payment of amounts owed and indemnification obligations.

SECTION 22: INCORPORATION OF EXHIBITS. The following exhibits are incorporated and made a part of this Agreement:

Exhibit A Serviceable Locations
Exhibit B Designated Census Blocks
Exhibit C IRU Facilities
Exhibit D Onward SLA
Exhibit E CPUC Resolution of Award
Exhibit F Insurance Requirements
SECTION 23: BINDING AUTHORITY/AUTHORIZED REPRESENTATIVES. Each of the parties represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform its obligations hereunder and that those obligations will be binding upon that party without the approval or consent of any other person or entity. Each person executing this Agreement represents and warrants he/she has been duly authorized to execute the same. [Signatures Follow on Next Page]

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 430 of 953 IN WITNESS WHEREOF, and in acknowledgment that the Parties hereto have read and understood each and every provision hereof, the Parties have caused this Agreement to be executed and made effective upon the latter of the date accompanying the two signatures below.

CITY: ONWARD:

CITY OF INDIO,
A municipal corporation of the State of
California
By:__________________________
Date: ________________________
INYO NETWORKS, INC. DBA: ONWARD,
A California corporation
By: _____________________
Date: ________________________

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 431 of 953

EXHIBIT A Serviceable Locations
FCC ID
# of
Units Latitude Longitude
1329283569 2 33.7325668 -116.2423390
1329283570 2 33.7321588 -116.2415409
1329283571 2 33.7322278 -116.2416899
1329283572 2 33.7323908 -116.2419960
1329283573 2 33.7320889 -116.2413849
1329283574 2 33.7322978 -116.2418350
1329283575 2 33.7315717 -116.2403678
1329283576 2 33.7316368 -116.2405068
1329283577 2 33.7319868 -116.2412069
1329283578 2 33.7326879 -116.2424900
1329283579 2 33.7314877 -116.2402238
1329283581 2 33.7324778 -116.2421671
1329283582 2 33.7317188 -116.2406518
1329740250 2 33.7317728 -116.2412629
1329740251 2 33.7313327 -116.2403518
1329740252 2 33.7316718 -116.2410350
1329740253 2 33.7312867 -116.2402398
1329740254 2 33.7313807 -116.2404958
1329740255 2 33.7318318 -116.2413789
1329740256 2 33.7315487 -116.2407849
1329740257 2 33.7314807 -116.2406398
1329740258 2 33.7320979 -116.2418900
1329740259 2 33.7323668 -116.2424170
1329740260 2 33.7322688 -116.2421731
1329740261 2 33.7319178 -116.2414909
1329740262 2 33.7315967 -116.2409179
1329740263 2 33.7317388 -116.2411410
1329740264 2 33.7323078 -116.2422900
1329740265 2 33.7321878 -116.2420341
1329740266 2 33.7321318 -116.2424900
1329740267 2 33.7319818 -116.2416789
1329740268 2 33.7324078 -116.2425340
1329625815 2 33.7331279 -116.2419240
1329625816 2 33.7330670 -116.2421391
1329625817 2 33.7332219 -116.2421451
1329625818 2 33.7327279 -116.2421231
1329625819 2 33.7326369 -116.2419180
1329625820 2 33.7328279 -116.2419240
1329625821 2 33.7329009 -116.2421391
1329625822 2 33.7329409 -116.2418960
1329736294 2 33.7320409 -116.2404178
1329736295 2 33.7320879 -116.2401909
1329736296 2 33.7318518 -116.2403908
1329736297 2 33.7317768 -116.2401959
1329736298 2 33.7319268 -116.2401959
1329736299 2 33.7322078 -116.2404238
1329736300 2 33.7322568 -116.2401959
1329736301 2 33.7323618 -116.2404128
1329953218 2 33.7323778 -116.2407569
1329953219 2 33.7321528 -116.2409849
1329953220 2 33.7320529 -116.2407629
1329953221 2 33.7326509 -116.2410070
1329953222 2 33.7322288 -116.2407629
1329953223 2 33.7323288 -116.2409849
1329953224 2 33.7325488 -116.2407739
1329421746 2 33.7326579 -116.2413459
1329421747 2 33.7323408 -116.2413289
1329421748 2 33.7324528 -116.2415409
1329421750 2 33.7329379 -116.2415679
1329421751 2 33.7328379 -116.2413459
1329421752 2 33.7327789 -116.2415739
1376909828 3 33.7179704 -116.2379286
1376909829 4 33.7183414 -116.2376345
1376909830 6 33.7187225 -116.2376515
1376909831 3 33.7184764 -116.2376285
1376909832 3 33.7179374 -116.2376125
1376910125 3 33.7190416 -116.2376125
1376910845 3 33.7183174 -116.2379896
1376910846 3 33.7190976 -116.2379786
1376911289 3 33.7189565 -116.2374065
1376911564 4 33.7181514 -116.2375235
1376911565 4 33.7181484 -116.2376845
1376911566 3 33.7186815 -116.2380237
1376911567 4 33.7182974 -116.2374235
1376911568 4 33.7191825 -116.2376735
1376911927 3 33.7189275 -116.2379786
1329759858 8 33.7187215 -116.2347013
1329759860 8 33.7196826 -116.2346842
1329759960 9 33.7192705 -116.2346172
1329759965 9 33.7182374 -116.2347233

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1329806415 3 33.7307527 -116.2413849
1329806417 2 33.7309377 -116.2413019

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1376910975 1 33.6838420 -116.2336901
1376911885 1 33.6842480 -116.2336841
1329893362 1 33.7580985 -116.2817630

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1376912213 1 33.7579314 -116.2780127
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1329594221 2 33.7115377 -116.2189677

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EXHIBIT B Designated Census Blocks

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 437 of 953 Census Block ID
60650452241010
60650452241006
60650452241013
60650452241019
60650452241000
60650452241027
60650452241015
60650452241005
60650452241001
60650452241002
60650452241007
60650452241009
60650494001019
60650494001007
60650494001009
60650494001025
60650494001010
60650494001012
60650514023000
60650495022064
60650495022066
60650456061000
60650452171017
60650452171016
60650452091015
60650452091011
60650452171018
60650452091013
60650452091010
60650452091014
60650452091012
60650452092008
60650452092001
60650452092010
60650452092004
60650452092002
60650452092009
60650453032019
60650453031005
60650453032023
60650453032002
60650453032001

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60650453032020
60650453032021
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60650453031011
60650453031007
60650453032014
60650453032024
60650453032013
60650453032025
60650453032012

EXHIBIT C IRU FACILITIES

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 439 of 953 Fiber Route Linear
Feet Route Type IRU Rights
238,389 Underground Cable in 18 mm
Microduct 144 fiber strands
56,351 Underground Cable in 1”
Conduit Microtrench
48 fiber strands +
conduit occupancy
22,583 Underground Cable in 2”
Conduit
144 fiber strands +
conduit occupancy

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EXHIBIT D
Onward SLA

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 441 of 953

EXHIBIT E
CPUC Resolution of Award

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 442 of 953 Resolution T-17833 Date of Issuance: August 28, 2024
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538786002 1

PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Communications Division RESOLUTION T-17833
Broadband Regional Initiatives Branch August 22, 2024

R E S O L U T I O N
RESOLUTION T-17833: Approves ten applications for grants for up to $95,172,296, from the Last Mile Federal Funding Account in Alpine, Modoc, Riverside, Santa Barbara, and Tulare counties, providing service to 13,585 unserved locations.

I. SUMMARY
This Resolution recommends approval of ten Last Mile Federal Funding Account grants in the amount of up to $95,172,296.

This Resolution is the third in a series of Resolutions approving grants to Federal Funding Account applicants for broadband infrastructure projects serving unserved areas in California. Subsequent Resolutions will be presented for Commission vote as Communications Division Staff completes its analyses of applications.

The ten projects in this Resolution propose to make investments bringing the social, economic, civic, and public safety benefits of high-speed broadband to 13,585 unserved locations and an estimated unserved population of 55,740 in Alpine, Modoc, Riverside, Santa Barbara, and Tulare counties. An estimated total population of 92,774 people will benefit from these investments as households and businesses that already have service in these communities will benefit from greater customer choice in the broadband market. The last-mile connections funded by these grants build upon the state-owned open-access Middle-Mile Broadband Initiative. An estimated 79 percent of the locations that would receive service are located in low-income areas and 75 percent are located in disadvantaged areas.

Staff recommends grant awards to eight entities (listed in the order in which they appear in this Resolution): Golden State Connect Authority (GSCA), the Fort Bidwell Indian Community, AT&T, Frontier, the City of Indio, the Santa Ynez Band of Chumash Indians, VARCOMM Broadband Incorporated, and Comcast.

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2 Golden State Connect Authority is a Joint Powers Authority formed by member counties, including Alpine. The Fort Bidwell Indian Community is a sovereign Tribal nation and the Fort Bidwell Reservation is located in Modoc County. The City of Indio is an incorporated city located in Riverside County. The Santa Ynez Band of Chumash Indians is a sovereign Tribal nation and the Santa Ynez Reservation is located in Santa Barbara County. AT&T and Frontier are incumbent telecommunication companies offering service throughout California. Comcast is an incumbent cable company offering service throughout California. VARCOMM Broadband Incorporated is an Internet Service Provider affiliate of Ducor Telephone Company, an independent incumbent telecommunications company serving parts of Tulare, Tehama, and Kern Counties.

Staff recommends the following ten grant applications for Commission approval as shown in Table 1 below. Maps and summaries associated with each project are in the appendices.

Table 1: Summary of Grant Funding
Applicant Project Name
Estimated
Unserved
Locations
Estimated
Unserved
Units
Estimated
Unserved
Population
Estimated
Benefitting
Population
Awarded
Amount
Alpine
Golden State
Connect
Authority
GSCA Alpine
County
Broadband
Network
718 885 672 692 $6,985,978
Subtotal 718 885 672 692 $6,985,978
Modoc
Fort Bidwell
Indian
Community
Fort Bidwell
Indian
Community
Fiber-to-theHome
451 625 974 1,057 $23,900,190
Subtotal 451 625 974 1,057 $23,900,190
Riverside
AT&T Riverside - 1 2,456 3,172 9,774 27,989 $11,580,196 AT&T RIVERSIDE –
PSA
247 1,090 2,513 11,308 $156,949
Frontier Riverside 1 900 1,050 4,182 4,253 $2,008,124

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3 City of Indio City of Indio
Last Mile
Infrastructure
Project
498 884 2,692 5,242 $8,944,468
Subtotal 4,101 6,196 19,161 48,792 $22,945,538
Santa Barbara
Santa Ynez
Band of
Chumash
Indians
Chumash
Fiber Network
193 186 409 853 $4,707,693
Subtotal 193 186 409 853 $4,707,693
Tulare
VARCOMM Terra Bella 1,312 1,604 5,524 5,827 $10,055,847 Comcast Tulare
Agriculture
County
6,775 7,908 28,902 34,887 $26,577,050
Subtotal 8,087 9,512 34,426 40,714 $36,632,897
Multiple Counties
AT&T Riverside/San
Bernardino – 1
35 55 98 666 $255,801
Subtotal 35 55 98 666 $255,801
Grand Total 13,585 17,459 55,740 92,774 $95,172,296
II. BACKGROUND
California’s multi-year broadband investment package established the last mile Federal Funding Account as part of the Budget Act of 2021 and Senate Bill 1561 and invested $2 billion in the program over multiple years. The Federal Funding Account funds the construction of last-mile broadband infrastructure projects in unserved areas of California. The Federal Funding Account encourages the deployment of broadband throughout the State to enable the public to access Internet-based safety applications, telehealth services, emergency services, and to allow first responders to communicate with each other and collaborate during emergencies.

On April 21, 2022, the Commission issued D.22-04-055, Decision Adopting Federal Funding Account Rules. The rules and guidelines adopted in that decision included, among other items, the following: rules about projects to benefit Environmental and Social Justice Communities, affordable offers, five and ten-year price commitments, 1 Statute 2021, Chapters 84 and 112.

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4 low-cost plans, project eligibility, application requirements, application objections, implementation of Public Utilities Code section 281(n) allocating funding between “rural counties” and “urban counties,” a process to reimburse grantees, a ministerial review process whereby Communications Division Staff may approve certain projects, and minimum performance standards for grantees.

The Federal Funding Account Decision 22-04-055 includes requirements and preference for a number of affordability requirements including:
• Participation in the Affordable Connectivity Program or access to a “broad-based affordability program.” Given that the Affordable Connectivity Program has lapsed grantees must participate in a successor program when identified by the Commission.
• A five-year price commitment, and preference for a ten-year commitment. • Preference for a low-cost plan that is $40/month or less and provides speeds of at least 50 Mbps down and 20 Mbps up.
• Preference for participation in the California and/or federal Lifeline programs (which may include bundled voice and broadband offerings).

Applications that committed to provide voice service and participate in LifeLine must, consistent with the requirement to serve customers in the project area at prices not exceeding those in the application for five years after project completion, must provide voice service and participate in LifeLine for five years after project completion.

The Federal Funding Account Decision and Appendix specify additional consideration for disadvantaged communities or Environmental and Social Justice communities.2 The CPUC made available on the Federal Funding Account Public Map,3the Applicant 2 The CPUC Environmental and Social Justice Action plan includes definitions and data indicators for disadvantaged or Environmental and Social Justice communities including Disadvantaged Communities defined by the California Environmental Protection Agency (CalEPA) and low-income households defined as household incomes below 80 percent of the area median income. The CPUC’s Environmental and Social Justice Action Plan 2.0 is available at: https://www.cpuc.ca.gov/-/media/cpucwebsite/divisions/news-and-outreach/documents/news-office/key-issues/esj/esj-action-plan-v2jw.pdf 3 The Federal Funding Account Public Map is available at: https://federalfundingaccountmap.vetro.io/

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5 Tool,4 and data downloads locations and census blocks meeting these definitions.5 A grant application window was opened on June 30, 2023, and closed at 4 p.m. on September 29, 2023; 484 applications were submitted. Application summaries were posted on October 23, 2023, and a 28-day objection period closed on November 20, 2023. Responses to objections were received until December 20, 2023.

Applications were holistically evaluated; required and supporting documentation and the merits of the applications were compared, and assessed, on a county basis.

Following an initial analysis, Staff sent a data request to applicants and requested additional information. Staff’s holistic evaluation included project engineering, technical feasibility and design, financial viability, cost, applicant capacity, and community need, among other factors. Staff assessed how to manage overlapping applications and applications planning to include some already-served areas in their project area.6
Staff also evaluated how applications and groups of applications compared to competing applications in the same county.

III. APPLICATION SUMMARIES, DISCUSSION, AND RECOMMENDATIONS Alpine County Summary
The allocation for projects in Alpine County in D. 22-04-005 is $6,989,054. This Resolution recommends awarding one grant to Golden State Connect Authority for a project in Alpine County. The recommended grant amount is $6,985,978, which leaves a remainder of $3,076 of the allocation in Alpine County. 4 Registration for the Federal Funding Account Applicant Tool is available at: FFA Applicant Tool Registration
5 Disadvantaged or Environmental and Social Justice communities and individual locations, for purposes of the Federal Funding Account, include those in Disadvantaged Communities census tracts as defined by CalEPA and low-income areas in which the census block group median household income is less than or equal to 80 percent of the higher of the county or state average. This data is available for download on the Federal Funding Account Public Map page (visited June 13, 2024), https://www.cpuc.ca.gov/industries-and-topics/internet-and-phone/broadband-implementation-forcalifornia/last-mile-federal-funding-account/ffa-public-map and the Federal Funding Account Application Resources Page (visited June 13, 2024), https://www.cpuc.ca.gov/industries-andtopics/internet-and-phone/broadband-implementation-for-california/last-mile-federal-fundingaccount/ffa-application-resources-page . 6 D.22-04-055 states that “households and businesses with an identified need for additional broadband infrastructure do not have to be the only ones in the service area served by an eligible broadband infrastructure project. Indeed, serving these households and businesses may require a holistic approach that provides service to a wider area, for example, in order to make ongoing service of certain households or businesses within the service area economical.”

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6 Alpine County Awards

1. Golden State Connect Authority, GSCA Alpine County Broadband Network Staff recommends the Commission approve Golden State Connect Authority’s application for a grant of up to $6,985,978 for the GSCA Alpine County Broadband Network.

The GSCA Alpine County Broadband Network proposes to serve 718 unserved locations based on a March 2024 supplemental application filing. There are approximately 885 unserved units in the project area, including 83 unserved Multiple Dwelling Unit locations representing an estimated 271 unserved units. An estimated unserved population of 672 would be offered service. An estimated total population of 692 will benefit from these investments in unincorporated Alpine County. The last-mile fiber project will provide up to 10 gigabits per second symmetrical service to consumers. Golden State Connect Authority has committed to maintaining its prices for at least ten years.

Golden State Connect Authority will deploy approximately 37 miles of open access fiber infrastructure; 100 percent of the fiber will be underground.

The proposed project will cost an estimated $10.7 million, of which the Federal Funding Account will fund approximately 65 percent of costs. Golden State Connect Authority plans to issue tax-exempt bonds to fund the balance.

Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project.

This application did not receive any objections.

No Federal Funding Account Public Map comments were submitted in Alpine County.7 The GSCA Alpine County project area’s unserved locations were evaluated in light of the updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to this data, the number of unserved locations is unchanged at 718, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering 7 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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7 and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

Alpine County Administrative Officer Nichole S. Williamson submitted a letter of support for this project.

The proposed project will provide the public safety benefits of reliable broadband infrastructure. This project is located in a High Fire Threat District 2 and presents no safety concerns. This project will connect to the open-access Middle-Mile Broadband Initiative.

Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of California Environmental Quality Act (CEQA) categorial exemption at this time. Golden State Connect Authority must comply with the CEQA requirements discussed in the appendices. If Golden State Connect Authority provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

Golden State Connect Authority and the GSCA Alpine County Broadband Network comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve Golden State Connect Authority’s application for a grant of up to $6,985,978 for the GSCA Alpine County Broadband Network.

Modoc County Summary
The allocation for projects in Modoc County in D. 22-04-005 is $23,931,241. This Resolution recommends awarding one grant to Fort Bidwell Indian Community for a project in Modoc County. The recommended grant amount for projects in Modoc County is $23,900,190, which leaves a remainder of $31,051 of the allocation for Modoc County.

Modoc County Awards

1. Fort Bidwell Indian Community, Fort Bidwell Indian Community Fiber-To-The-Home Staff recommends the Commission approve Fort Bidwell Indian Community’s application for a grant of up to $23,900,190 for the Fort Bidwell Indian Community Fiber-To-The-Home project.

The Fort Bidwell Indian Community Fiber-To-The-Home project proposes to serve an estimated 603 unserved locations based on a May 2024 supplemental application filing.

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8 There are approximately 625 unserved units in the project area, including 20 unserved Multiple Dwelling Unit locations representing an estimated 42 unserved units. An estimated unserved population of 974 would be offered service. An estimated total population of 1,057 will benefit from these investments in and around the Fort Bidwell Indian Community. The last-mile fiber project will provide up to 1,000 megabits per second symmetrical service to consumers.

Fort Bidwell Indian Community’s original application requested approximately $85.9 million, which exceeded Modoc County’s allocation. Fort Bidwell Indian Community subsequently modified its application in January and May 2024, reducing the project area, middle mile infrastructure, and funding request.

The Fort Bidwell Indian Community Fiber-To-The-Home project will benefit disadvantaged or Environmental and Social Justice communities; 100 percent of the unserved locations are low-income. This project provides service to locations on Tribal lands. The Fort Bidwell Indian Community will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3.

The proposed project will cost an estimated $24.6 million, of which the Federal Funding Account will fund 97 percent of costs.

Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project.

This application did not receive any objections.

No Federal Funding Account Public Map comments were submitted in Modoc County.8 The Fort Bidwell Indian Community Fiber-To-The-Home project area’s unserved locations were evaluated in light of the updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to this data, the number of unserved locations is unchanged at 603, the project area is reduced to 251 square miles, and the total grant amount is reduced to $23,900,190. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. 8 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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9 The following submitted letters of support for this application: President of the Fort Bidwell Indian Community Tribal Council Germain Ruvalcaba, Modoc County Administrative Officer Chester Robertson, and Modoc Harvest.

The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in a High Fire Threat District 2. This project will connect to the open-access Middle-Mile Broadband Initiative. The project includes $8,899,091 to deploy approximately 9 miles of open-access middle-mile fiber and backhaul fiber, and to connect to the Middle Mile Broadband Initiative.

Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of CEQA categorial exemption at this time. Fort Bidwell Indian Community must comply with the CEQA requirements discussed in the appendices. If Fort Bidwell Indian Community provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

Fort Bidwell Indian Community and the Fort Bidwell Indian Community Fiber-To-The-Home project comply with all requirements for approval in D. 22-04-055.

The Communications Division recommends that the Commission approve Fort Bidwell Indian Community’s application for a grant of up to $23,900,190 for the Fort Bidwell Indian Community Fiber-To-The-Home project.

Riverside County Summary
The allocation for projects in Riverside County in D. 22-04-005 is $50,635,154. This Resolution recommends awarding four grants for projects exclusively in Riverside County: two grants to AT&T, one grant to Frontier, and one grant to the City of Indio.

This Resolution also recommends awarding one grant to AT&T for a project in Riverside and San Bernardino Counties. The recommended grant amount for projects exclusively in Riverside County is $22,689,737, and the recommended grant amount for multi-county project locations in Riverside County is $190,211, which leaves a remainder of $27,755,206 of the allocation for Riverside County.

Riverside County Awards

1. AT&T, Riverside – 1
Staff recommends the Commission approve AT&T’s application for a grant of up to $11,580,196 for the Riverside – 1 project.

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10 The Riverside – 1 project proposes to serve an estimated 2,456 unserved locations based on a March 2024 supplemental application filing. There are approximately 3,172 unserved units in the project area, including 455 unserved Multiple Dwelling Unit locations representing an estimated 1,235 unserved units. An estimated unserved population of 9,774 would be offered service. An estimated total population of 27,989 will benefit from these investments in Riverside County. The last-mile fiber project will provide up to 5,000 megabits per second symmetrical service to consumers.

The Riverside – 1 project will benefit disadvantaged or Environmental and Social Justice communities; 100 percent of the unserved locations are in disadvantaged communities.

The proposed project will cost an estimated $23.2 million, of which the Federal Funding Account will fund 50 percent of costs.

Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project.

This application received two objections and AT&T responded to the two objections.

Staff verified that the application seeks funding only for unserved locations within the project area and that partial funding for fixed infrastructure through served areas is necessary to reach the unserved locations. Staff has not modified AT&T’s proposed project area; the Federal Final Rule9 and D.22-04-055 10 allow projects serving unserved locations to include served locations to make the project viable.

Two Federal Funding Account Public Map comments were submitted in Riverside County.11 The AT&T Riverside – 1 project area’s unserved locations and any objection locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections, comments, and this data, the number of unserved locations is unchanged at 2,456, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations. 9 Department of the Treasury, Final Rule, Coronavirus State and Local Fiscal Recovery Funds, 31 C.F.R.

Part 35, 87 FR 4338-4454 (January 27, 2022) (Final Rule), available at:
https://www.federalregister.gov/documents/2022/01/27/2022-00292/coronavirus-state-and-localfiscal-recovery-funds. 10 D.22-04-055, Appendix A, Section 2, p. A-5.
11 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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11 The following submitted letters of support for this application: City of Jurupa Valley Mayor Chris Barajas and City of Jurupa Valley City Council Members Leslie Altamirano, Brian Berkson, and Armando Carmona; City of Corona Mayor Tony Daddario; the Riverside County Director of Broadband Services; the Southern California Association of Governments; the Inland Empire Regional Broadband Consortium; the High Desert Community Foundation; the City of Riverside City Manager; the City of Eastvale City Manager; the California State University (CSU) San Bernardino Vice President and Chief Financial Officer; and the Highland Congregational Church Moderator.

The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in High Fire Threat Districts 2 and 3.

This project will use AT&T’s infrastructure for middle-mile access.

Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of CEQA categorial exemption at this time. AT&T must comply with the CEQA requirements discussed in the appendices.

If AT&T provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

AT&T and the Riverside – 1 project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve AT&T’s application for a grant of up to $11,580,196 for the Riverside – 1 project.

2. AT&T, Riverside – PSA
Staff recommends the Commission approve AT&T’s application for a grant of up to $156,949 for the Riverside – PSA project.

The Riverside – PSA proposes to serve an estimated 247 unserved locations based on a March 2024 supplemental application filing. There are approximately 1,090 unserved units in the project area, including 162 unserved Multiple Dwelling Unit locations representing an estimated 1,026 unserved units. An estimated unserved population of 2,513 would be offered service. An estimated total population of 11,308 will benefit from these investments in in and around the communities of Corona, Jurupa Valley, and Riverside. The last-mile fiber project will provide up to 5,000 megabits per second symmetrical service to consumers.

The Riverside – PSA project will benefit disadvantaged or Environmental and Social Justice communities; 74 percent of the unserved locations are disadvantaged.

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12 The proposed project will cost an estimated $300,000, of which the Federal Funding Account will fund 50 percent of costs.

Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project.

This application received one objection and AT&T responded to the objection. Staff verified that the application seeks funding only for unserved locations within the project area and that partial funding for fixed infrastructure through served areas is necessary to reach the unserved locations. Staff has not modified AT&T’s proposed project area; the Federal Final Rule12 and D.22-04-055 13 allow projects serving unserved locations to include served locations to make the project viable.

Two Federal Funding Account Public Map comments were submitted in Riverside County.14 The Riverside – PSA project area’s unserved locations and any objection locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections, comments, and this data, the number of unserved locations is unchanged at 331, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

The following submitted letters of support for this application: City of Corona Mayor Tony Daddario; City of Eastvale City Manager; City of Jurupa Valley City Manager; Southern California Association of Governments; the Riverside County Director of Broadband Services; Inland Empire Regional Broadband Consortium; the High Desert Community Foundation; the City of Riverside City Manager; the CSU San Bernardino Vice President and Chief Financial Officer; the Highland Congregational Church Moderator.

The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in High Fire Threat District 2.

This project will use AT&T’s infrastructure for middle-mile access. 12 Department of the Treasury, Final Rule, Coronavirus State and Local Fiscal Recovery Funds, 31 C.F.R.

Part 35, 87 FR 4338-4454 (January 27, 2022) (Final Rule), available at:
https://www.federalregister.gov/documents/2022/01/27/2022-00292/coronavirus-state-and-localfiscal-recovery-funds. 13 D.22-04-055, Appendix A, Section 2, p. A-5.
14 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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13 Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of CEQA categorial exemption at this time. AT&T must comply with the CEQA requirements discussed in the appendices. If AT&T provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

AT&T and the Riverside – PSA project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve AT&T’s application for a grant of up to $156,949 for the Riverside – PSA project.

3. Frontier, Riverside 1
Staff recommends the Commission approve Frontier’s application for a grant of up to $2,008,124 for the Riverside 1 project.

The Riverside 1 project proposes to serve an estimated 900 unserved locations based on a March 2024 supplemental application filing. There are approximately 1,050 unserved units in the project area, including 68 unserved Multiple Dwelling Unit locations representing an estimated 159 unserved units. An estimated unserved population of 4,182 would be offered service. An estimated total population of 4,253 will benefit from these investments in and around the Salton Sea communities of Indio, Mecca, and Thermal. The last-mile fiber project will provide up to five gigabits per second symmetrical service to consumers.

The Riverside 1 project will benefit disadvantaged or Environmental and Social Justice communities; 100 percent of the unserved locations are in a disadvantaged community.

The proposed project will cost an estimated $4 million, of which the Federal Funding Account will fund 49 percent of costs.

Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project.

This application received no objections.

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14 Two Federal Funding Account Public Map comments were submitted in Riverside County.15 The Riverside 1 project area’s unserved locations and any objection locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections, comments, and this data, the number of unserved locations is unchanged at 900, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

The following submitted letters of support for this application: Assemblymember Eduardo Garcia, the CSU San Bernardino Vice President and Chief Financial Officer, the Inland Empire Regional Broadband Consortium, the Riverside County Director of Broadband Services, Apple Valley Unified School District Superintendent, Morongo Unified School District Superintendent, Southern California Association of Governments Executive Director, San Bernardino County Superintendent of Schools, the Inland Empire Economic Partnership, and the California Emerging Technologies Fund President and Chief Executive Officer.

The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in High Fire Threat Districts 2 and 3.

This project will connect to Frontier’s middle-mile infrastructure.

Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of CEQA categorial exemption at this time. Frontier must comply with the CEQA requirements discussed in the appendices.

If Frontier provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

Frontier and the Riverside 1 project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve Frontier’s application for a grant of up to $2,008,124 for the Riverside 1 project.

4. City of Indio, City of Indio Last Mile Infrastructure Project Staff recommends the Commission approve the City of Indio’s application for a grant of up to $8,944,468 for the City of Indio Last Mile Infrastructure project. 15 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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15 The City of Indio Last Mile Infrastructure Project proposes to serve an estimated 498 unserved locations based on a March 2024 supplemental application filing. There are approximately 884 unserved units in the project area, including 290 unserved Multiple Dwelling Unit locations representing an estimated 724 unserved units. An estimated unserved population of 2,692 would be offered service. An estimated total population of 5,242 will benefit from these investments in the City of Indio. The last-mile fiber project will provide up to 1,000 megabits per second symmetrical service to consumers.

The City of Indio Last Mile Infrastructure Project will benefit disadvantaged or Environmental and Social Justice communities; 76 percent of the unserved locations are low-income. The City of Indio has committed to maintaining its prices for at least ten years and will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3.

The proposed project will cost an estimated $35.2 million, of which the Federal Funding Account will fund 25 percent of costs.

Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project.

This application received two objections and the City of Indio responded to the objections. Staff verified that the served locations in the project area are necessary for the project to connect unserved locations. Staff has not modified The City of Indio’s proposed project area; the Federal Final Rule16 and D.22-04-055 17 allow projects serving unserved locations to include served locations to make the project viable.

Two Federal Funding Account Public Map comments were submitted in Riverside County.18 The City of Indio Last Mile Infrastructure Project’s unserved locations and any objection locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections, comments, and this data, the number of unserved locations is unchanged at 498, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed 16 Department of the Treasury, Final Rule, Coronavirus State and Local Fiscal Recovery Funds, 31 C.F.R.

Part 35, 87 FR 4338-4454 (January 27, 2022) (Final Rule), available at:
https://www.federalregister.gov/documents/2022/01/27/2022-00292/coronavirus-state-and-localfiscal-recovery-funds. 17 D.22-04-055, Appendix A, Section 2, p. A-5.
18 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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16 engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

The following submitted letters of support for this application: Riverside County Director of Broadband Services, The Coachella Valley Association of Governments, The Indio Police Department, Indio Fire Services, One Future Coachella Valley, Coachella Valley Economic Partnership, and Desert Valley Builders’ Association, The proposed project provides the public safety benefits of reliable broadband infrastructure. This project is not located in a High Fire Threat District and does not present safety concerns. This project will connect to the open-access Middle-Mile Broadband Initiative.

Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of CEQA categorial exemption at this time. The City of Indio must comply with the CEQA requirements discussed in the appendices. If The City of Indio provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

The City of Indio and the City of Indio Last Mile Infrastructure Project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve The City of Indio’s application for a grant of up to $8,944,468 for the City of Indio Last Mile Infrastructure Project.

Santa Barbara County Summary
The allocation for projects in Santa Barbara County in D. 22-04-005 is $15,870,746. This Resolution recommends awarding one grant to the Santa Ynez Band of Chumash Indians for a project in Santa Barbara County. The recommended grant amount for projects in Santa Barbara County is $4,707,693, which leaves a remainder of $11,163,053 of the allocation for Santa Barbara County.

Santa Barbara County Awards

1. Santa Ynez Band of Chumash Indians, Chumash Fiber Network Staff recommends the Commission approve the Santa Ynez Band of Chumash Indians’ application for a grant of up to $4,707,693 for the Chumash Fiber Network.

The Chumash Fiber Network project proposes to serve an estimated 193 unserved locations based on a March 2024 supplemental application filing. There are

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17 approximately 186 unserved units in the project area, including 59 unserved Multiple Dwelling Unit locations representing an estimated 131 unserved units. An estimated unserved population of 409 would be offered service. An estimated total population of 853 will benefit from these investments in the Tribal Lands of the Santa Ynez Band of Chumash Indians. The last-mile fiber project will provide up to five gigabits per second symmetrical service to consumers.

The Chumash Fiber Network will benefit disadvantaged or Environmental and Social Justice communities; 100 percent of the unserved locations are disadvantaged. This project provides service to locations on Tribal lands. The Santa Ynez Band of Chumash Indians has committed to maintaining its prices for at least ten years and will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3.

The proposed project will cost an estimated $6.4 million, of which the Federal Funding Account will fund 74 percent of costs.

Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project.

This application did not receive any objections.

Two Federal Funding Account Public Map comments were submitted in Santa Barbara County.19 The Chumash Fiber Network project area’s unserved locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to comments and this data, the number of unserved locations is unchanged at 193, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

The following submitted letters of support for this application: The Santa Ynez Band of Chumash Indians Business Committee, Santa Barbara County District Supervisor Joan Hartmann, the Santa Barbara County Association of Governments, and EconAlliance.

The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in High Fire Threat District 2. This project will connect to the open-access Middle-Mile Broadband Initiative. 19 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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18 Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of CEQA categorial exemption at this time. The Santa Ynez Band of Chumash Indians must comply with the CEQA requirements discussed in the appendices. If the Santa Ynez Band of Chumash Indians provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

The Santa Ynez Band of Chumash Indians and the Chumash Fiber Network comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve the Santa Ynez Band of Chumash Indians’ application for a grant of up to $4,707,693 for the Chumash Fiber Network.

Tulare County Summary
The allocation for projects in Tulare County in D. 22-04-005 is $45,128,425. This Resolution recommends awarding one grant to VARCOMM Broadband Incorporated and one grant to Comcast for projects in Tulare County. The recommended grant amount for projects in Tulare County is $36,632,897, which leaves a remainder of $8,495,528 of the allocation for Tulare County.

Tulare County Awards

1. VARCOMM Broadband Incorporated, Terra Bella
Staff recommends the Commission approve VARCOMM Broadband Incorporated’s application for a grant of up to $10,055,847 for the Terra Bella project.

The Terra Bella project proposes to serve an estimated 1,281 unserved locations based on a March 2024 supplemental application filing. There are approximately 1,604 unserved units in the project area, including 194 unserved Multiple Dwelling Unit locations representing an estimated 517 unserved units. An estimated unserved population of 5,524 would be offered service. An estimated total population of 5,827 will benefit from these investments in and around the community of Terra Bella. The last-mile fiber project will provide up to one gigabit per second symmetrical service to consumers.

The Terra Bella project will benefit disadvantaged or Environmental and Social Justice communities; 100 percent of the unserved locations are disadvantaged. VARCOMM Broadband Incorporated has committed to maintaining its prices for at least ten years and will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3.

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19 The proposed project will cost an estimated $10.1 million, of which the Federal Funding Account will fund 100 percent of costs.

Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project.

This application did not receive any objections.

No Federal Funding Account Public Map comments were submitted in Tulare County.20 The Terra Bella project area’s unserved locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to this data, the number of unserved locations is unchanged at 1,281, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

The following submitted letters of support for this application: American Legion Post 779 and 22 individuals residing in the project area.

The proposed project provides the public safety benefits of reliable broadband infrastructure. This project is not located in a High Fire Threat District and does not present safety concerns. This project will connect to the open-access Middle-Mile Broadband Initiative.

Based on the information received, the Commission’s Energy Division has determined that this project has not met the requirements of CEQA categorial exemption at this time. VARCOMM Broadband Incorporated must comply with the CEQA requirements discussed in the appendices. If VARCOMM Broadband Incorporated provides additional documentation sufficient to justify a staff determination of CEQA exemption, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

VARCOMM Broadband Incorporated and the Terra Bella project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends 20 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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20 that the Commission approve VARCOMM Broadband Incorporated’s application for a grant of up to $10,055,847 for the Terra Bella project.

2. Comcast, Tulare Agriculture County
Staff recommends the Commission approve Comcast’s application for a grant of up to $26,577,050 for the Tulare Agriculture County project.

The Tulare Agriculture County project proposes to serve an estimated 6,140 unserved locations based on a March 2024 supplemental application filing. There are approximately 7,908 unserved units in the project area, including 928 unserved Multiple Dwelling Unit locations representing an estimated 2,696 unserved units. An estimated unserved population of 28,902 would be offered service. An estimated total population of 34,887 will benefit from these investments in and around the communities of Alpaugh, Cutler, Dinuba, Earlimart, Kingsburg, Pixley, Sultana, Traver, Tulare, Visalia, and Tipton. The last-mile fiber project will provide up to 1,250 megabits per second symmetrical service to consumers.

The Tulare Agriculture County project will benefit disadvantaged or Environmental and Social Justice communities; 100 percent of the unserved locations are disadvantaged. Comcast will provide a low-cost plan that meets the requirements in D. 22-04-055, Section 3, and has committed to maintaining the price of that plan for at least ten years. The program requires all applicants to commit to serve customers in the project area at prices not exceeding those provided in the application for five years after project completion (See Federal Funding Account Appendix A, section 7. “Performance Criteria”). Comcast’s application proposes to freeze the price for one plan for 10 years and does not request a waiver of the requirement to freeze all other plans offered.

Accordingly, this grant is awarded with the understanding that Comcast serve customers in the project area at prices not exceeding those in the application for all plans in the application for five years. If Comcast cannot satisfy this requirement Comcast may request a waiver including an explanation of why a waiver is being requested and a rationale for why a waiver should be granted.

The proposed project will cost an estimated $33.4 million, of which the Federal Funding Account will fund 80 percent of costs.

Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project.

This application received four objections and Comcast responded to the objections. Staff determined that two objections were valid and requested that Comcast modify the

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21 grant funding request to remove the costs associated with locations that are already served by competing service providers. The Federal Final Rule21 and D.22-04-055 22 allow projects serving unserved locations to include served locations.

No Federal Funding Account Public Map comments were submitted in Tulare County.23 The Tulare Agriculture County project area’s unserved locations and any objection locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections and this data, the number of unserved locations is unchanged at 6,775, the project area is unchanged, and the total grant amount is revised from $26,799,510 to $26,577,050. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

The following submitted letters of support for this application: Tulare County Supervisor Dennis Townsend on behalf of the Tulare County Board of Supervisors, The San Joaquin Valley Rural Development Center, the Visalia Chamber of Commerce, the Chicano Latino Youth Leadership Project, the College of the Sequoias, Equality California, the Workforce Investment Board of Tulare County, the Fresno State Connect Initiative, the Central Valley Women’s Entrepreneur Center, the San Joaquin Valley Regional Broadband Consortium, the California Partnership for the San Joaquin Valley, and the Fresno State Office of Community and Economic Development.

The proposed project provides the public safety benefits of reliable broadband infrastructure and will benefit households located in High Fire Threat District 2.

This project will connect to Comcast’s middle-mile infrastructure.

Based on the information provided to the Energy Division, the Tulare Agriculture County project is categorically exempt from CEQA review, under 14 C.C.R. § 15301 (Existing Facilities), 14 C.C.R. § 15302 (Replacement or Reconstruction), 14 C.C.R. § 15303 (New Construction or Conversion of Small Structures), and 14 C.C.R. § 15304 (Minor Alteration to Land). Comcast must comply with the CEQA requirements discussed in the appendices. Comcast must comply with the CEQA requirements discussed in the appendices.
21 Department of the Treasury, Final Rule, Coronavirus State and Local Fiscal Recovery Funds, 31 C.F.R.

Part 35, 87 FR 4338-4454 (January 27, 2022) (Final Rule), available at:
https://www.federalregister.gov/documents/2022/01/27/2022-00292/coronavirus-state-and-localfiscal-recovery-funds. 22 D.22-04-055, Appendix A, Section 2, p. A-5.
23 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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22 Comcast and the Tulare Agriculture County project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve Comcast’s application for a grant of up to $26,577,050 for the Tulare Agriculture County project.

Riverside and San Bernardino Counties

1. AT&T, Riverside/San Bernardino – 1
Staff recommends the Commission approve AT&T’s application for a grant of up to $255,801 for the Riverside/San Bernardino – 1 project. Of the $255,801 recommended for award, $190,211 is for infrastructure in Riverside County and $65,590 is for infrastructure in San Bernardino County.

The Riverside/San Bernardino – 1 project proposes to serve an estimated 35 unserved locations based on a March 2024 supplemental application filing. There are approximately 55 unserved units in the project area, including nine unserved Multiple Dwelling Unit locations representing an estimated 32 unserved units. An estimated unserved population of 98 would be offered service. An estimated total population of 666 will benefit from these investments in Riverside County. The last-mile fiber project will provide up to 5,000 megabits per second symmetrical service to consumers.

The Riverside/San Bernardino – 1 project will benefit disadvantaged or Environmental and Social Justice communities; 72 percent of the unserved locations are disadvantaged.

The proposed project will cost an estimated $500,000, of which the Federal Funding Account will fund 50 percent of costs.

Staff determined that the applicant and the project are financially viable, and the applicant’s engineering meets the program standards. The applicant demonstrated the administrative, technical, and operational capacity to provide broadband service at the scale of this project.

This application received one objection and AT&T responded to the objection. Staff verified that the application seeks funding only for unserved locations within the project area and that partial funding for fixed infrastructure through served areas is necessary to reach the unserved locations. Staff has not modified AT&T’s proposed

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23 project area; the Federal Final Rule24 and D.22-04-055 25 allow projects serving unserved locations to include served locations to make the project viable.

Two Federal Funding Account Public Map comments were submitted in Riverside County and no Federal Funding Account Public Map comments were submitted in San Bernardino County.26 The AT&T Riverside/San Bernardino – 1 project area’s unserved locations and any objection locations were evaluated in light of updated Federal Communications Commission and Federal Funding Account unserved data (as of June 30, 2023). In response to objections, comments, and this data, the number of unserved locations is unchanged at 35, the project area is unchanged, and the total grant amount is unchanged. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

The following submitted letters of support for this application: City of Corona Mayor Tony Daddario; City of Eastvale City Manager; City of Jurupa Valley City Manager; Southern California Association of Governments; the Riverside County Director of Broadband Services; Inland Empire Regional Broadband Consortium; the High Desert Community Foundation; the City of Riverside City Manager; the CSU San Bernardino Vice President and Chief Financial Officer; the Highland Congregational Church Moderator.

The proposed project provides the public safety benefits of reliable broadband infrastructure. This project is not located in a High Fire Threat District and does not present safety concerns. This project will use AT&T’s infrastructure for middle-mile access.

Based on the information that AT&T provided, the Commission’s Energy Division has confirmed that the project meets the criteria for the CEQA categorical exemptions under 14 C.C.R. § 15301 (Existing Facilities),14 C.C.R. § 15303 (New Construction or Conversion of Small Structures), and 14 C.C.R. § 15304 (Minor Alterations to Land).

Thus, the Riverside/San Bernadino - 1 project is categorically exempt from CEQA review and the Commission may authorize funds for construction activities. 24 Department of the Treasury, Final Rule, Coronavirus State and Local Fiscal Recovery Funds, 31 C.F.R.

Part 35, 87 FR 4338-4454 (January 27, 2022) (Final Rule), available at:
https://www.federalregister.gov/documents/2022/01/27/2022-00292/coronavirus-state-and-localfiscal-recovery-funds. 25 D.22-04-055, Appendix A, Section 2, p. A-5.
26 See Federal Funding Account Public Map, https://federalfundingaccountmap.vetro.io/ (visited June 13, 2024).

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24 AT&T and the Riverside/San Bernardino – 1 project comply with all requirements for approval in D. 22-04-055. The Communications Division recommends that the Commission approve AT&T’s application for a grant of up to $255,801 for the Riverside/San Bernardino – 1 project.

Comments
In compliance with Public Utilities Code Section 311(g)(1), a Notice of Availability of this draft resolution was e-mailed on June 28, 2024, informing all parties on the CASF Distribution List and the R. 20-09-001 Service List of the availability of the draft of this Resolution, and of the opportunity to comment, at the Commission’s website at http://www.cpuc.ca.gov/.

Formal comments were submitted on July 18, 2024, by Comcast, Golden State Connect Authority, the Public Advocates Office, Spectrum, The Utility Reform Network, and VARCOMM. Reply comments were submitted on July 23, 2024, by VARCOMM and AT&T.

Comcast Comments
Comcast restates that it will comply with the five-year pricing requirement, and will freeze the price of only one plan for ten years (the low-cost plan).

Golden State Connect Authority Comments
Golden State Connect Authority states that it is committed to promoting the Affordable Connectivity Program if it is restored by Congress, or another affordability program if identified by the Commission. Golden State Connect Authority states that its open access financing model, which minimizes public funds necessary to build self-sustaining networks, prevents it from charging less for service. Golden State Connect Authority states that its public, open access model keeps prices low for low-income consumers in the long-run, through competition among providers on the network.

Public Advocates Office
The Public Advocates Office asks the Commission to revise Resolution T-17833 to ensure compliance with low-cost and low-income plan requirements. The Public Advocates Office states that Resolution T-17833 is not clear as to whether the Terra Bella and GSCA Alpine County Broadband Network projects offer low-cost or low-income plans, and notes that the Terra Bella project’s lowest-cost plan does not meet the standard for a low-cost broadband plan. The Public Advocates Office also recommends reiterating in the Resolution that “when a successor to the Affordable Connectivity

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25 Program is identified by the Commission, all awardees shall participate in that program.”
Spectrum’s Comments
Spectrum requests that the monthly subscription rates that the applicants have committed are made public and offers an example of similar information disclosed in the California Advanced Services Fund Infrastructure Grant Account.

The Utility Reform Network’s Comments
The Utility Reform Network requests clarification that AT&T will maintain its commitments to California and federal LifeLine after the completion of its projects, in light of AT&T’s request to have its Carrier of Last Resort obligations lifted. The Utility Reform Network also states concerns about whether AT&T will participate in a successor to the Affordable Connectivity Program. The Utility Reform Network suggests that the Commission modify T-17833 to confirm that AT&T must uphold its commitment to provide LifeLine service in the project areas following completion of the projects recommended for award in Resolution T-17833.

VARCOMM Comments
VARCOMM requests clarifying language in Appendix G which requires VARCOMM to submit a Proponent’s Environmental Assessment to comply with the CEQA VARCOMM requests a revision to Appendix G to state that it may be exempt from the CEQA if it can demonstrate that the Terra Bella project is categorically exempt.

VARCOMM Reply Comments
VARCOMM confirms that the Terra Bella project will provide a low-cost plan to customers in the project area and summarizes the Federal Funding Account rules to show that it is in compliance with the program’s low-income and low-cost requirements.

AT&T Reply Comments
AT&T submitted reply comments in response to The Utility Reform Network’s comments regarding AT&T’s participation in the Affordability Connectivity Program and its LifeLine and Carrier of Last Resort obligations. AT&T states that the Federal Funding Account program rules do not require applicants to participate in federal Lifeline and the California LifeLine Program. AT&T requests that the Commission not

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26 adopt The Utility Reform Network’s proposed modifications, which AT&T states would be discriminatory.

AT&T also replied to VARCOMM’s comments requesting clarification of its California Environmental Quality Act obligations. AT&T states that revision of VARCOMM’s California Environmental Quality Act appendix is unnecessary, but that if the appendix for VARCOMM’s Terra Bella project is revised, all awardees’ California Environmental Quality Act appendices should be revised consistently.

Staff Response to Comments
In response to comments from the Public Advocates Office, Golden State Connect Authority, The Utility Reform Network, Spectrum, and AT&T, Staff has added information about applicants’ available low-income and low-cost service plans to this Resolution and future Resolutions, and clarified their participation in the California LifeLine Program. In response to comments, background on the affordability requirements and information from the Federal Funding Account Decision 22-04-055 is included in this Resolution and Resolutions T-17826 and T-17829. Language clarifying that when a successor to the Affordable Connectivity Program is identified by the Commission, all awardees are required to participate in that program was also added.

Staff emphasizes that the Federal Funding Account’s requirements for eligibility (such as Affordable Connectivity Program participation) and scoring criteria preferences (such as LifeLine participation) are independent of some applicants’ Carrier of Last Resort obligations, which are under review in Rulemaking 24-06-012, Order Instituting Rulemaking Proceeding to Consider Changes to the Carrier of Last Resort Rules.

In response to the Public Advocates Office’s comments regarding the Terra Bella project’s lowest-cost plan and VARCOMM’s reply comments, Staff confirms that VARCOMM’s commitment to provide a low-cost plan to customers in the Terra Bella project meets the standard in D. 22-04-055, Section 3, and has revised Appendix Q to clarify this.

In response to VARCOMM’s comments regarding its CEQA requirements, and AT&T’s reply, Staff emphasizes that VARCOMM’s Terra Bella project can still be found CEQAexempt by letter from the Communications Director (or a designee or delegate) if VARCOMM provides appropriate documentation, as stated in the Ordering Paragraphs.

IV. COMPLIANCE REQUIREMENTS
Awardees are required to comply with all the guidelines, requirements, and conditions associated with the grant of Federal Funding Account awards as specified in D.22-04-055. All Awardees are also required to sign a consent form agreeing to the

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27 terms and conditions of the Federal Funding Account. Such compliance includes, but is not limited to, the items noted below.

A. Deployment Schedule: All CEQA-exempt projects must be completed within 18 months, and all other projects shall be completed within 24 months after receiving authorization to construct.

B. Pricing: By accepting these awards, the Awardees commit to serve customers in the project area at prices not exceeding those provided in the application for five years after project completion. Awardees who committed not to increase prices for a period of ten years in their application commit to serve customers in the project area for ten years after project completion. Should the need arise for grant recipients to adjust prices due to externalities outside their control (e.g. inflation), grant recipients may file and serve, on the R. 20-09-001 proceeding service list, a request to modify this requirement with the Communications Division.

C. Speed and Latency: All households in the proposed project areas must be offered a broadband Internet service plan with speeds of at least 100 megabits per second (Mbps) download and 100 Mbps upload, with not more than 100 milliseconds of latency.

D. Affordability: All projects shall participate in the Affordable Connectivity Program (ACP) or otherwise provide access to a broad-based affordability program to low-income customers in the proposed service area of the broadband infrastructure that provides benefits to households commensurate with those provided under the ACP.

Should the ACP program end, the Commission will identify a successor low-income subsidy program in which participants must participate. Awardees must participate in a successor to the ACP identified after the grant is awarded.

E. Project Audit: The Commission has the right to conduct any necessary audit, verification, and discovery during project implementation/construction to ensure that Federal Funding Account funds are spent in accordance with Commission approval. All recipients of federally funded grants exceeding $750,000 will need to include a budget for a federal audit.27
F. Reporting Requirements: Numerous post-award reports are required. In summary, these include monthly contractor reports (if applicable), quarterly progress reports, and a final completion report.28
27 Treasury, Compliance and Reporting Guidance State and Local Fiscal Recovery Funds (November 15, 2021 Version 2.1), available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-andReporting-Guidance.pdf. 28 D. 22-04-055, Appendix A, Section 14.

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28 G. Prevailing Wage: Section 1720 of the California Labor Code requires Federal Funding Account projects be subject to prevailing wage requirements.29 Applicants accepting Federal Funding Account awards are committing to follow state prevailing wage requirements with regards to their projects.

H. Payments to Federal Funding Account Recipients: The Commission may reimburse Awardees’ expenses in accordance with Public Utilities Code Section 281(n)(2), D.22-04-055, and the Appendix. Requests for payments may be submitted as the project is progressively deployed. The prerequisite for first payment is the submittal of a progress report to the Commission showing that a minimum of ten percent of the project (as determined by budget spent) has been completed. Subsequent payments may be made upon at least 25-percent intervals, with the final 15 percent payment request (from 85 to 100 percent) not eligible for payment without an approved completion report. Payments are based on submitted receipts, invoices and other supporting documentation showing expenditures incurred for the project in accordance with the approved Federal Funding Account budget included in the awardee’s application.

I. Federal Broadband Program Enforceable Commitments: The Federal Funding Account award will not fund locations supported by a federal broadband program with Capital Project Fund monies.30

FINDINGS OF FACT

1. California’s multi-year broadband infrastructure investments in the Budget Act of 2021 and Senate Bill 156 (Statutes 2021, Chapters 84 and 112) provided $2 billion over multiple years to the Last Mile Federal Funding Account to facilitate, via reimbursement, construction of last-mile broadband infrastructure projects to connect unserved Californians.

2. On April 21, 2022, the Commission approved Decision 22-04-055, which along with the Federal Final Rule, established the Last Mile Federal Funding Account and set 29 D.22-054-055, Section 13.2, page 57.
30 Federal broadband programs include the Connect America Fund II (CAFII), Community Connects Grant Program (CCGP), Enhanced Alternative Connect America Cost Model (EACACM), Rural Digital Opportunity Fund (RDOF), Rural E-Connectivity Program (REP), Tribal Broadband Connectivity Program (TBCP), and Telephone Loan Program (TLP).

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29 program rules.

3. The Communications Division opened an application window for the Federal Funding Account on June 30, 2023, and closed it on September 29, 2023. Applicants submitted 484 applications before the deadline. Application summaries were posted on October 23, 2023, and a 28-day objection window closed on November 20, 2023.

Responses to objections were received until December 20, 2023.

4. Golden State Connect Authority (GSCA) submitted an application for the GSCA Imperial County Broadband Network project on September 27, 2023.

5. Fort Bidwell Indian Community submitted an application for the Fort Bidwell Indian Community Fiber-to-the-Home project on September 28, 2023.

6. AT&T submitted applications for the Riverside – 1, Riverside/San Bernardino – 1, and the RIVERSIDE – PSA projects on September 28, 2023.

7. Frontier submitted an application for the Riverside 1 project on September 28, 2023.

8. The City of Indio submitted an application for the City of Indio Last Mile Infrastructure Project on September 29, 2023.

9. The Santa Ynez Band of Chumash Indians submitted an application for the Chumash Fiber Network on September 29, 2023.

10. VARCOMM Broadband Incorporated submitted an application for the Terra Bella project on September 29, 2023.

11. Comcast submitted an application for the Tulare Agriculture County project on September 29, 2023.

12. The Commission has determined that the Golden State Connect Authority’s GSCA Alpine County Broadband Network project is not categorically exempt from California Environmental Quality Act review at this time.

13. The Commission has determined that Fort Bidwell Indian Community’s Fort Bidwell Indian Community Fiber-to-the-Home project is not categorically exempt from California Environmental Quality Act review at this time.

14. The Commission has determined that AT&T’s Riverside – 1 and Riverside – PSA projects are not categorically exempt from California Environmental Quality Act review at this time.

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30 15. The Commission has determined that AT&T’s Riverside/San Bernardino – 1 project is categorically exempt from California Environmental Quality Act review, under 14 C.C.R. § 15301 (Existing Facilities), 14 C.C.R. § 15302 (Replacement or Reconstruction), and 14 C.C.R. § 15303 (New Construction or Conversion of Small Structures).

16. The Commission has determined that Frontier’s Riverside 1 project is not categorically exempt from California Environmental Quality Act review at this time.

17. The Commission has determined that the City of Indio’s City of Indio Last Mile Infrastructure Project is not categorically exempt from California Environmental Quality Act review at this time.

18. The Commission has determined that the Chumash Fiber Network Project is not categorically exempt from CEQA review.

19. The Commission has determined that VARCOMM Broadband Incorporated's Terra Bella Project is not categorically exempt from California Environmental Quality Act review at this time.

20. The Commission has determined that Comcast’s Tulare Agriculture County project is categorically exempt from CEQA review, under 14 C.C.R. § 15301 (Existing Facilities),14 C.C.R. § 15302 (Replacement or Reconstruction), 14 C.C.R. § 15303 (New Construction or Conversion of Small Structures), and 14 C.C.R. § 15304 (Minor Alteration to Land).

21. Communications Division staff analyzed the applications for compliance with Commission and Federal rules, reviewed local feedback, and conducted fiscal and technical analysis.

22. All applications listed above met minimum eligibility requirements provided in Decision 22-04-055.

23. Staff recommends approval of the applications in this resolution, as they comply with program rules as stated and contribute to the Federal Funding Account’s goal of building broadband Internet infrastructure to communities without access to Internet service at sufficient and reliable speeds.

24. Draft Resolution T-17833 was emailed to the CASF Distribution List and the R. 20-09-001 Service List on June 28th, 2024, in compliance with Public Utilities Code Section 311(g)(1).

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31 THERFORE, IT IS ORDERED that:

1. The Commission shall award up to $6,985,978 in Federal Funding Account funds to the Golden State Connect Authority to complete the GSCA Alpine County Broadband Network project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

2. As a condition of this award and prior to receiving Federal Funding Account grant funds, the Golden State Connect Authority shall provide the Commission with its draft documents describing a potential Internet Service Provider (ISP) partnership, as well as the signed operating agreement with that ISP partner.

3. The Commission shall award up to $23,900,190 in Federal Funding Account funds to Fort Bidwell Indian Community in order to complete the Fort Bidwell Indian Community Fiber-to-the-Home project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

4. As a condition of this award and prior to receiving Federal Funding Account grant funds, the Fort Bidwell Indian Community shall provide the Commission with its draft documents describing a potential Internet Service Provider (ISP) partnership, as well as the signed operating agreement with that ISP partner.

5. The Commission shall award up to $11,580,196 in Federal Funding Account funds to AT&T in order to complete the Riverside – 1 project, as described in the appendices.

6. The Commission shall award up to $255,801 in Federal Funding Account funds to AT&T in order to complete the Riverside/San Bernardino – 1 project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

7. The Commission shall award up to $156,949 in Federal Funding Account funds to AT&T in order to complete the Riverside – PSA project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent

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32 with a reduction in the number of locations.

8. The Commission shall award up to $2,008,124 in Federal Funding Account funds to Frontier in order to complete the Riverside 1 project, as described in the appendices.

The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

9. The Commission shall award up to $8,944,468 in Federal Funding Account funds to the City of Indio in order to complete the City of Indio Last Mile Infrastructure Project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

10. As a condition of this award and prior to receiving Federal Funding Account grant funds, the City of Indio shall provide the Commission with its draft documents describing a potential Internet Service Provider (ISP) partnership, as well as the signed operating agreement with that ISP partner.

11. The Commission shall award up to $4,707,693 in Federal Funding Account funds to The Santa Ynez Band of Chumash Indians in order to complete the Chumash Fiber Network, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

12. The Commission shall award up to $10,055,847 in Federal Funding Account funds to VARCOMM Broadband Incorporated in order to complete the Terra Bella project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

13. The Commission shall award up to $26,575,050 in Federal Funding Account funds to Comcast in order to complete the Tulare Agriculture County project, as described in the appendices. The specific locations to be provided service will be updated and reconciled with the Broadband Serviceable Locations Fabric after detailed engineering and project design, and the grant amount may be reduced consistent with a reduction in the number of locations.

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33 14. To ensure compliance with all program rules and guidelines, the Commission will not release funds to an applicant proposing to enter into agreement(s) with a third party or third parties for the ownership, operation, and/or leasing of the proposed infrastructure or network until the applicant provides the Commission with an advanced copy of the agreement document(s).

15. Applicants that committed to provide voice service or participate in LifeLine must do so for five years after project completion in Federal Funding Account project areas.

16. For those projects not determined to be categorically exempt, the Commission cannot release funds for construction activities until California Environmental Quality Act (CEQA) review is complete. The awardees must comply with the requirements set forth in the CEQA Section of the Resolution. The awardees must provide their Proponent’s Environmental Assessment for each project prior to the first payment.

17. Awardee(s) shall comply with all guidelines, requirements, and conditions set forth in this resolution.

18. All construction covered by the grant must be completed within the applicable 18-month or 24-month time frame. In the event of extenuating circumstances jeopardizing this timeline, the Awardee(s) must notify the Communications Division’s Director as soon as they become aware of any delay. If such notice is not provided, staff can take corrective actions including reducing payment for failure to satisfy this requirement.

19. If the awardee(s) fail to complete the project(s) in accordance with the terms outlined in Decision 22-04-055 and with the terms of the Commission’s approval, as set forth in this resolution, awardees must reimburse some or all the Federal Funding Account grants received or take other corrective action.

20. If staff evaluation finds any of the projects can be exempt from the California Environmental Quality Act, then the project can be exempted by letter from the Communications Division Director or the director’s delegate or designee.

21. The effective date of each award and encumbrance of funds is to be set, in consultation with the Applicant, by letter from the Communications Division Director or the director’s delegate or designee. All awards are contingent on

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34 available state budget appropriations funding and may be subject to Budget Letter 24-07.31
This resolution is effective today.

I certify that the foregoing resolution was duly introduced, passed, and adopted at a conference of the Public Utilities Commission of the State of California held on august 22, 2024 the following Commissioners voting favorable thereon:
/s/RACHEL PETERSON
Rachel Peterson
Executive Director

ALICE REYNOLDS
President
DARCIE L. HOUCK

JOHN REYNOLDS

KAREN DOUGLS

MATTHEW BAKER
Commissioners
31 Department of Finance Budget Letter 24-07, “Onetime Appropriation(s) Expenditure Freeze Pursuant to Section 21 of the Budget Act of 2023 (As Amended by Section 74 of AB 106 (Chapter 9, Statutes of 2024)),” available at: https://dof.ca.gov/wp-content/uploads/sites/352/2024/04/BL-24-07.pdf

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APPENDIX A
Golden State Connect Authority California Environmental Quality Act Compliance Requirements
The following Golden State Connect Authority project is subject to California Environmental Quality Act (CEQA) review:
 GSCA Alpine County Broadband Network
The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other Golden State Connect Authority activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment.

Prior to any construction activity for the listed projects, Golden State Connect Authority is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code Section 21000 et seq.).

Golden State Connect Authority should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review.

Golden State Connect Authority’s listed applications are subject to National Environmental Policy Act (NEPA) review, as acknowledged in its application. Golden State Connect Authority should make every effort to ensure that the Commission’s CEQA Unit is aware of and included in the NEPA process. Golden State Connect Authority must provide a PEA prior to the first payment. The Commission cannot release funds for the construction project until the Commission has completed CEQA review.

If staff evaluation finds the projects can be exempt from CEQA, then the project can be exempted by letter from the Commission.

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APPENDIX B
Fort Bidwell Indian Community California Environmental Quality Act Compliance Requirements
The following Fort Bidwell Indian Community project is subject to California Environmental Quality Act (CEQA) review:
 Fort Bidwell Indian Community Fiber-To-The-Home
The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other Fort Bidwell Indian Community activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment.

Prior to any construction activity for the listed project, Fort Bidwell Indian Community is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code Section 21000 et seq.).

Fort Bidwell Indian Community should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review.

Fort Bidwell Indian Community's listed application is subject to National Environmental Policy Act (NEPA) review, as acknowledged in its application.

Fort Bidwell Indian Community should make every effort to ensure that the Commission’s CEQA Unit is aware of and included in the NEPA process. Fort Bidwell Indian Community must provide a PEA prior to the first payment. The Commission cannot release funds for the construction project until the Commission has completed CEQA review.

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APPENDIX C
AT&T California Environmental Quality Act Compliance Requirements The following AT&T projects are subject to California Environmental Quality Act (CEQA) review:
 Riverside – 1
 Riverside – PSA
The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other Riverside’s activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment.

Riverside - 1 Fiber-To-The-Home installations would take place near several areas in Riverside County. The locations within the project area are located in Corona, Eastvale, Jurupa Valley, and Riverside. The length of the project is expected to be 18 months.

Major roadways include Border Avenue, El Cerrito Road., Chandler Street, Limonite, Indiana Avenue, Multiview Drive, Idaleona Road., and Mount Vernon Avenue.

Although AT&T plans to upgrade its fiber network by deploying approximately 114 miles of underground or aerial fiber on existing poles, a preliminary design of the project is not currently available. AT&T stated that the preliminary design will be completed as part of the system design and detailed engineering work process.

Prior to any construction activity for the project, AT&T is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA
(California Public Resources Code § 21000 et seq.).

AT&T should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review.

Riverside must provide a PEA prior to the first payment. The Commission cannot

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release funds for the construction phase of this project until the Commission has completed CEQA review.

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AT&T California Environmental Quality Act Compliance Requirements (Continued) The Commission has determined that the following AT&T project is categorically exempt from California Environmental Quality Act (CEQA) review:
 Riverside/San Bernardino – 1
AT&T provided the Commission with its project plans to install fiber and supporting facilities within existing public rights‐of‐way and primarily on existing poles as well as Best Management Practices to be implemented during construction.

Based on the information that AT&T provided, the Commission’s Energy Division has confirmed that the project meets the criteria for the California Environmental Quality Act categorical exemptions under 14 C.C.R. § 15301 (Existing Facilities), 14 C.C.R. § 15302 (Replacement or Reconstruction), and 14 C.C.R. § 15303 (New Construction or Conversion of Small Structures). Thus, the Riverside/San Bernardino – 1 project is categorically exempt from California Environmental Quality Act review and the Commission may authorize funds for construction activities.

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APPENDIX D
Frontier California Environmental Quality Act Compliance Requirements The following Frontier project is subject to California Environmental Quality Act (CEQA) review:
 Riverside 1
Riverside 1 Fiber-To-The-Home installations would take place near the communities of North Shore, Mortmar, and Desert Beach and surrounding areas (Community of Salton).

The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other Riverside 1 activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment.

Prior to any construction activity for the listed project, Frontier is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code Section 21000 et seq.).

Frontier should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review.

Frontier’s listed application may be subject to National Environmental Policy Act (NEPA) review. Frontier should make every effort to ensure that the Commission’s CEQA Unit is aware that the Riverside 1 project is required to go through the NEPA process (USFWS). Frontier must provide a PEA prior to the first payment. The Commission cannot release funds for the construction project until the Commission has completed CEQA review.

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APPENDIX E
City of Indio California Environmental Quality Act Compliance Requirements The following City of Indio project is subject to California Environmental Quality Act (CEQA) review:
 City of Indio Last Mile Infrastructure Project
The Commission must complete CEQA review prior to disbursing FFA funds for construction activities. The initial funding granted in this Resolution may be used for project development and other City of Indio’s activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment.

Prior to any construction activity for the project, the City of Indio is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code § 21000 et seq.).

The City of Indio should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review.

The City of Indio must provide a PEA prior to the first payment. The Commission cannot release funds for the construction phase of this project until the Commission has completed CEQA review.

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APPENDIX F
Santa Ynez Band of Chumash Indians California Environmental Quality Act Compliance Requirements
The following Santa Ynez Band of Chumash Indians project is subject to California Environmental Quality Act (CEQA) review:
 Chumash Fiber Network
The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other Santa Ynez Band of Chumash Indians activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment.

Prior to any construction activity for the project, the Santa Ynez Band of Chumash Indians is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code § 21000 et seq.).

The Santa Ynez Band of Chumash Indians should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review.

The Santa Ynez Band of Chumash Indians must provide a PEA prior to the first payment. The Commission cannot release funds for the construction phase of this project until the Commission has completed CEQA review.

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APPENDIX G
VARCOMM Broadband Incorporated California Environmental Quality Act Compliance Requirements
The following VARCOMM Broadband Incorporated project is subject to California Environmental Quality Act (CEQA) review:
 Terra Bella
The Commission must complete CEQA review prior to disbursing Federal Funding Account funds for construction activities. The initial funding granted in this Resolution may be used for project development and other VARCOMM Broadband Incorporated activities that do not involve construction or any activities that would have any direct or indirect effect on the physical environment.

Prior to any construction activity for the listed project, VARCOMM Broadband Incorporated is required to seek further authority from the Commission for such activity by filing a Proponent’s Environmental Assessment (PEA) pursuant to Commission Rule of Practice and Procedure 2.4; and must undergo an environmental review pursuant to CEQA (California Public Resources Code Section 21000 et seq.).

VARCOMM Broadband Incorporated should contact the Supervisor of the Commission’s Energy Division CEQA Unit well in advance of a contemplated filing to (a) consult with staff regarding the process of developing and filing a PEA; (b) provide for cost recovery per Rule of Practice and Procedure 2.5; and (c) enter into a Memorandum of Understanding to allow the Energy Division to initiate the retention of an environmental contractor to perform the environmental review.

VARCOMM Broadband Incorporated must provide a PEA prior to the first payment.

The Commission cannot release funds for the construction project until the Commission has completed CEQA review.

If staff evaluation finds the project can be exempt from CEQA, then the project can be exempted by letter from the Commission.

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APPENDIX H
Comcast California Environmental Quality Act Compliance Requirements The following Comcast project is categorically exempt from California Environmental Quality Act (CEQA) review:
 Tulare Agriculture County
Comcast provided the Commission with its project plans to install new aerial and underground fiber. Existing utility poles would be used for the aerial installation of new fiber where attachments are permitted by the pole owner. New underground fiber would be installed in new conduit within existing rights-of-way and utility easements and not on previously undisturbed ground adjacent to existing roadways.

The project alignment runs between the unincorporated community of Pixley in the north, through the unincorporated community of Teviston, and then to and throughout the unincorporated community of Earlimart in the south. These communities and the project alignment generally parallels State Route 99. New fiber would be placed underground in new conduit and overhead on existing utility poles. The underground portions of the project would be located along existing roadways. Comcast would ensure the poles comply with General Order 95.

Based on the information that Comcast provided, the Commission’s Energy Division has confirmed that the project meets the criteria for the CEQA categorical exemptions under 14 C.C.R. § 15301 (Existing Facilities), 14 C.C.R. § 15302 (Replacement or Reconstruction), 14 C.C.R. § 15303 (New Construction or Conversion of Small Structures), and 14 C.C.R. § 15304 (Minor Alteration to Land).

Thus, the Tulare Agriculture County project is categorically exempt from CEQA review and the Commission may authorize funds for construction activities.

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APPENDIX I
GSCA Alpine County Broadband Network
Key Information
Project Name GSCA Alpine County Broadband Network
Applicant Name Golden State Connect Authority
Community Names Unincorporated Alpine County
County Alpine County
County Allocation $6,989,054
Project Size (in square miles) 251
Maximum Download/Upload speed 10/10Gbps
Lowest Cost Plan (non-income qualified) $70/month for 100/100 Mbps Low-income Plan No
Low-cost Plan No
LifeLine Participation No
Percent Disadvantaged Communities 0 percent
Percent Low-Income Areas 0 percent
Median Household Income (weighted) $85,750
Area Households 345
Area Population 692
Estimated locations within 1000 feet of the
project area (location passings) 737
Estimated units within 1000 feet of the project
area (unit passings) 980
Unserved locations proposed to be served by
the project 718
Unserved locations in the project area 697
Unserved units in the project area 885
Estimated unserved population in the project
area
672
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area
83 Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area
271

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Community Anchor Institutions benefitting from
the project 16
Public safety locations benefitting from the
project 8
Does the project connect to public open access
middle mile? Yes
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative
in project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative
in project
-
Grant costs for last-mile delivery $6,985,978
Deployment Schedule 18 Months
Total Project Cost $10,676,488
Amount of FFA grant funds requested $6,985,978
Applicant funded $3,690,510
Grant (excluding middle mile) per unserved unit
in the project area
$7,894
Grant (excluding middle mile) per unit passing $7,129

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Map of GSCA Alpine County Broadband Network

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APPENDIX J
Fort Bidwell Indian Community Fiber-to-the-Home
Key Information
Project Name
Fort Bidwell Indian Community Fiber-To-TheHome
Applicant Name Fort Bidwell Indian Community
Community Names Fort Bidwell Indian Community
County Modoc County
County Allocation $23,931,241
Project Size (in square miles) 251
Maximum Download/Upload speed 1000/1000Mbps
Lowest Cost Plan $40/month for 100/100 Mbps
Low-income Plan Yes, $40/month for 100/100 Mbps
Low-cost Plan Yes, $40/month for 100/100 Mbps
LifeLine Participation Yes
Percent Disadvantaged Communities 13 percent
Percent Low-Income Areas 100 percent
Median Household Income (weighted) $44,583
Area Households 505
Area Population 1057
Estimated locations within 1000 feet of the
project area (location passings) 718
Estimated units within 1000 feet of the project
area (unit passings) 744
Unserved locations proposed to be served by
the project 451
Unserved locations in the project area 603
Unserved units in the project area 625
Estimated unserved population in the project
area
974
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area
20

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area
42 Community Anchor Institutions benefitting from
the project 17
Public safety locations benefitting from the
project 7
Does the project connect to public open access
middle mile? Yes
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
9 miles
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
$8,899,091
Grant costs for last-mile delivery $15,001,099
Deployment Schedule 24 Months
Total Project Cost $24,550,190
Amount of FFA grant funds requested $23,900,190
Applicant funded $650,000
Grant (excluding middle mile) per unserved unit
in the project area
$24,002
Grant (excluding middle mile) per unit passing $20,163

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Map of Fort Bidwell Indian Community Fiber-to-the-Home Project

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APPENDIX K
Riverside - 1
Key Information
Project Name Riverside - 1
Applicant Name
AT&T Services, Inc. on behalf of its affiliate
Pacific Bell Telephone Company d/b/a AT&T
California
Community Names Riverside
County Riverside County
County Allocation $50,635,154
Project Size (in square miles) 12
Maximum Download/Upload speed 5/5 Gbps
Lowest Cost Plan (non-income qualified) $30/month for 100/100 Mbps Low-income Plan Yes, $30/month for 100/100 Mbps
Low-cost Plan No
LifeLine Participation Yes
Percent Disadvantaged Communities 41 percent
Percent Low-Income Areas 49 percent
Median Household Income (weighted) $77,083
Area Households 8,186
Area Population 27,989
Estimated locations within 1000 feet of the
project area (location passings) 17,467
Estimated units within 1000 feet of the project
area (unit passings) 27,849
Unserved locations proposed to be served by
the project 2,456
Unserved locations in the project area 2,392
Unserved units in the project area 3,172
Estimated unserved population in the project
area
9,774
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area
455

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area
1,235
Community Anchor Institutions benefitting from
the project 38
Public safety locations benefitting from the
project 6
Does the project connect to public open access
middle mile? No
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $11,580,196
Deployment Schedule 18 Months
Total Project Cost $23,160,392
Amount of FFA grant funds requested $11,580,196
Applicant funded $11,580,196
Grant (excluding middle mile) per unserved unit
in the project area
$3,651
Grant (excluding middle mile) per unit passing $416

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Map of Riverside – 1

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APPENDIX L
Riverside-San Bernardino - 1
Key Information
Project Name Riverside/San Bernadino - 1
Applicant Name
AT&T Services, Inc. on behalf of its affiliate
Pacific Bell Telephone Company d/b/a AT&T
California
Community Names Riverside
County Riverside County
County Allocation $50,635,154
Project Size (in square miles) 0.2
Maximum Download/Upload speed 5 Gbps/5 Gbps
Lowest Cost Plan (non-income qualified) $30/month for 100/100 Mbps Low-income Plan Yes, $30/month for 100/100 Mbps
Low-cost Plan No
LifeLine Participation Yes
Percent Disadvantaged Communities 72 percent
Percent Low-Income Areas 72 percent
Median Household Income (weighted) $45,678
Area Households 179
Area Population 666
Estimated locations within 1000 feet of the
project area (location passings) 526
Estimated units within 1000 feet of the project
area (unit passings) 853
Unserved locations proposed to be served by
the project 35
Unserved locations in the project area 32
Unserved units in the project area 55
Estimated unserved population in the project
area
98 Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area
9

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area
32 Community Anchor Institutions benefitting from
the project 0
Public safety locations benefitting from the
project 0
Does the project connect to public open access
middle mile? No
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $255,801
Deployment Schedule 18 Months
Total Project Cost $511,602
Amount of FFA grant funds requested $255,801
Applicant funded $255,801
Grant (excluding middle mile) per unserved unit
in the project area
$4,651
Grant (excluding middle mile) per unit passing $300

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Map of Riverside-San Bernardino - 1

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APPENDIX M
Riverside - PSA
Key Information
Project Name Riverside - PSA
Applicant Name
AT&T Services, Inc. on behalf of its affiliate
Pacific Bell Telephone Company d/b/a AT&T
California
Community Names Riverside
County Riverside County
County Allocation $50,635,154
Project Size (in square miles) 1.4
Maximum Download/Upload speed 5/5 Gbps
Lowest Cost Plan $30/month for 100/100 Mbps
Low-income Plan Yes, $30/month for 100/100 Mbps
Low-cost Plan No
LifeLine Participation Yes
Percent Disadvantaged Communities 32 percent
Percent Low-Income Areas 87 percent
Median Household Income (weighted) $70,729
Area Households 3,200
Area Population 11,308
Estimated locations within 1000 feet of the
project area (location passings) 4,308
Estimated units within 1000 feet of the project
area (unit passings) 7,863
Unserved locations proposed to be served by
the project 247
Unserved locations in the project area 226
Unserved units in the project area 1,090
Estimated unserved population in the project
area
2,513
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area
162

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area
1,026
Community Anchor Institutions benefitting from
the project 19
Public safety locations benefitting from the
project 0
Does the project connect to public open access
middle mile? No
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $156,949
Deployment Schedule 18 Months
Total Project Cost $313,898
Amount of FFA grant funds requested $156,949
Applicant funded $156,949
Grant (excluding middle mile) per unserved unit
in the project area
$144
Grant (excluding middle mile) per unit passing $20

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Map of Riverside – PSA

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APPENDIX N
Riverside 1
Key Information
Project Name Riverside 1
Applicant Name Frontier of California Inc.

Community Names Indio, Mecca, and Thermal
County Riverside County
County Allocation $50,635,154
Project Size (in square miles) 10
Maximum Download/Upload speed 5/5 Gbps
Lowest Cost Plan (non-income qualified)
$13.99 (LifeLine bundle with voice), $19.99
(LifeLine-eligible), or $29.99 for 50Mbps/50Mbps
Low-income Plan Yes, $29.99/month for 100/100 Mbps
Low-cost Plan No
LifeLine Participation Yes
Percent Disadvantaged Communities 100 percent
Percent Low-Income Areas 90 percent
Median Household Income (weighted) $26,412
Area Households 1,008
Area Population 4,253
Estimated locations within 1000 feet of the
project area (location passings) 980
Estimated units within 1000 feet of the project
area (unit passings) 1,073
Unserved locations proposed to be served by
the project 900
Unserved locations in the project area 959
Unserved units in the project area 1,050
Estimated unserved population in the project
area
4,182
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area
68

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area
159
Community Anchor Institutions benefitting from
the project 2
Public safety locations benefitting from the
project 1
Does the project connect to public open access
middle mile? No
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $2,008,124
Deployment Schedule 33 months
Total Project Cost $4,106,594
Amount of FFA grant funds requested $2,008,124
Applicant funded $2,098,470
Grant (excluding middle mile) per unserved unit
in the project area
$1,912
Grant (excluding middle mile) per unit passing $1,872

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Map of Riverside 1

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APPENDIX O
City of Indio Last Mile Infrastructure Project
Key Information
Project Name City of Indio Last Mile Infrastructure Project Applicant Name City of Indio
Community Names City of Indio
County Riverside
County Allocation $50,635,154
Project Size (in square miles) 1
Maximum Download/Upload speed 1000/1000 Mbps
Lowest Cost Plan (non-income qualified) $29.95/month for 1000/1000 Mbps Low-income Plan Yes, $29.95/month for 1000/1000 Mbps
Low-cost Plan Yes
LifeLine Participation No
Percent Disadvantaged Communities 6 Percent
Percent Low-Income Areas 75 Percent
Median Household Income (weighted) $29,549
Area Households 1,896
Area Population 5,242
Estimated locations within 1000 feet of the
project area (location passings) 4,636
Estimated units within 1000 feet of the project
area (unit passings) 6,718
Unserved locations proposed to be served by
the project 498
Unserved locations in the project area 450
Unserved units in the project area 884
Estimated unserved population in the project
area
2,692
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area
290

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area
724
Community Anchor Institutions benefitting from
the project 4
Public safety locations benefitting from the
project 1
Does the project connect to public open access
middle mile? Yes
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project

11.9 Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $8,944,468
Deployment Schedule 24 Months
Total Project Cost $35,192,224
Amount of FFA grant funds requested $8,944,468
Applicant funded $26,247,756
Grant (excluding middle mile) per unserved unit
in the project area
$10,118
Grant (excluding middle mile) per unit passing $1,331

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Map of City of Indio Last Mile Infrastructure Project

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APPENDIX P
Chumash Fiber Network
Key Information
Project Name Chumash Fiber Network
Applicant Name Santa Ynez Band of Chumash Indians
Community Names
Tribal Lands of the Santa Ynez Band of
Chumash Indians (Chumash)
County Santa Barbara County
County Allocation $15,870,746
Project Size (in square miles) 6
Maximum Download/Upload speed 5/5 Gbps
Lowest cost plan (non-income qualified) $40/month for 100/100 Mbps Low-income plan Yes, $40/month for 100/100 Mbps
Low-cost plan Yes, $40/month for 100/100 Mbps
LifeLine Participation Yes
Percent Disadvantaged Communities 100 percent
Percent Low-Income Areas 100 percent
Median Household Income (weighted) $64,284
Area Households 320
Area Population 853
Estimated locations within 1000 feet of the
project area (location passings) 400
Estimated units within 1000 feet of the project
area (unit passings) 598
Unserved locations proposed to be served by
the project 193
Unserved locations in the project area 114
Unserved units in the project area 186
Estimated unserved population in the project
area
409
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area
59

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area
131
Community Anchor Institutions benefitting from
the project 4
Public safety locations benefitting from the
project 2
Does the project connect to public open access
middle mile? Yes
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $4,707,693
Deployment Schedule 12 Months
Total Project Cost $6,395,713
Amount of FFA grant funds requested $4,707,693
Applicant funded $1,688,020
Grant (excluding middle mile) per unserved unit
in the project area
$25,310
Grant (excluding middle mile) per unit passing $7,872

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Map of Chumash Fiber Network

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APPENDIX Q
Terra Bella
Key Information
Project Name Terra Bella
Applicant Name VARCOMM Broadband Incorporated
Community Names Terra Bella
County Tulare County
County Allocation $45,128,425
Project Size (in square miles) 28
Maximum Download/Upload speed 1/1 Gbps
Lowest Cost plan (non-income qualified) $40/month for 50/20 Mbps Low-income plan No
Low-cost plan Yes, $40/month for 50/20 Mbps
LifeLine Participation Yes
Percent Disadvantaged Communities 100 percent
Percent Low-Income Areas 100 percent
Median Household Income (weighted) $50,720
Area Households 1,597
Area Population 5,827
Estimated locations within 1000 feet of the
project area (location passings) 1,405
Estimated units within 1000 feet of the project
area (unit passings) 1,788
Unserved locations proposed to be served by
the project 1,312
Unserved locations in the project area 1,281
Unserved units in the project area 1,604
Estimated unserved population in the project
area
5,524
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area
194

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Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area
517
Community Anchor Institutions benefitting from
the project 16
Public safety locations benefitting from the
project 2
Does the project connect to public open access
middle mile? Yes
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $10,055,847
Deployment Schedule 24 Months
Total Project Cost $10,055,847
Amount of FFA grant funds requested $10,055,847
Applicant funded $0
Grant (excluding middle mile) per unserved unit
in the project area
$6,269
Grant (excluding middle mile) per unit passing $5,624

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Map of Terra Bella

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APPENDIX R
Tulare Agriculture County
Key Information
Project Name Tulare Agriculture County
Applicant Name
Comcast Cable Communications Management,
LLC
Community Names
Alpaugh, Cutler, Dinuba, Earlimart, Kingsburg,
Pixley, Sultana, Traver, Tulare, Visalia, Tipton
County Tulare County
County Allocation $45,128,425
Project Size (in square miles) 53
Maximum Download/Upload speed 1,250/1,250 Mbps
Lowest cost plan (non-income qualified)
$29.95/month for 100/20 Mbps or $9.95/month
for 50/10 Mbps (below 50/20 standard)32
Low-income plan Yes, $9.95/month for 50/10 Mbps
Low-cost plan Yes, $40/month for 100/100 Mbps33
LifeLine Participation No
Percent Disadvantaged Communities 100 percent
Percent Low-Income Areas 93 percent
Median Household Income (weighted) $41,827
Area Households 9,089
Area Population 34,887
Estimated locations within 1000 feet of the
project area (location passings) 7,796
Estimated units within 1000 feet of the project
area (unit passings) 10,136
Unserved locations proposed to be served by
the project 6,775
Unserved locations in the project area 6,140
32 In its Application for this project, Comcast sought confidential treatment of, among other things, this price and speed pursuant to the CPRA, Public Utilities Code § 583, and G.O. 66-D. As an express requirement to receive this proposed public grant, this information does not qualify as a trade secret, and the public interest in its disclosure outweighs the public interest in its nondisclosure.
33 In its Application for this project, Comcast sought confidential treatment of, among other things, this price and speed pursuant to the CPRA, Public Utilities Code § 583, and G.O. 66-D. As an express requirement to receive this proposed public grant, this information does not qualify as a trade secret, and the public interest in its disclosure outweighs the public interest in its nondisclosure.

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Unserved units in the project area 7,908
Estimated unserved population in the project
area
28,902
Estimated unserved Multiple Dwelling Unit
(MDU) locations in the project area
928
Estimated unserved Multiple Dwelling Unit
(MDU) location units in the project area
2,696
Community Anchor Institutions benefitting from
the project 86
Public safety locations benefitting from the
project 13
Does the project connect to public open access
middle mile? No
Distance of middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for middle-mile, backhaul, and
connection to Middle-Mile Broadband Initiative in
project
-
Grant costs for last-mile delivery $26,577,050
Deployment Schedule 18 Months
Total Project Cost $33,368,018
Amount of FFA grant funds requested $26,577,050
Applicant funded $6,790,968
Grant (excluding middle mile) per unserved unit
in the project area
$3,361
Grant (excluding middle mile) per unit passing $2,622

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Map of Tulare Agriculture County

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APPENDIX S
California Public Utilities Commission
Federal Funding Account, Last Mile Program
Guidance to Staff Regarding

CONSENT FORM
Acknowledgement and Acceptance of Terms
Awardee Name: _______________________________________
Key Project Contact: _________________________________________ The Awardee identified above acknowledges receipt of the California Public Utilities Commission Resolution or Award Letter and agrees to comply with all grant terms, conditions, and requirements set forth in the Resolution or Award Letter including those in the Federal Funding Account, Last Mile Program Rules. Awards are contingent on available state budget appropriations funding and may be subject to Budget Letter 24-07.
34 Undersigned representative of __________________________________ [Name of Awardee] is duly authorized to execute this Consent Form on behalf of the Awardee and to bind the Awardee to the terms, conditions, and requirements set forth in California Public Utilities Commission Resolution or Award Letter and those in the Federal Funding Account, Last Mile Program Rules.

Dated this _____ day of _____________, 20____.

Signature of Awardee Representative: _____________________________________________________ Title __________________________________________________________ Printed Name __________________________________________________ Name of Business, Organization, Local Agency or Tribe:
______________________________________________________________ Business Address (include street address, suite/apt. number, city, state, and ZIP Code):
___________________________________________________________________________ Telephone Number: ________________________________
Email Address: _____________________________________
34 Department of Finance Budget Letter 24-07, “Onetime Appropriation(s) Expenditure Freeze Pursuant to Section 21 of the Budget Act of 2023 (As Amended by Section 74 of AB 106 (Chapter 9, Statutes of 2024)),” available at: https://dof.ca.gov/wp-content/uploads/sites/352/2024/04/BL-24-07.pdf

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EXHIBIT F
Insurance Requirements
INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Approval of an Indefeasible Right of Use Agreement between the City of I... Page 518 of 953 (B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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City Council
August 19, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Miguel Ramirez-Cornejo, Dir. of Economic Development Conflict: Yes Member: Elaine Holmes
Subject: Authorize the City Manager to Execute a Commercial Lease Agreement with Blue Hill Studios for City-Owned Property Located at 45250 Smurr Street Suite 10
RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager, or the City Manager’s designee, to execute a Commercial Lease Agreement with Blue Hills Studios for City-owned property located at 45250 Smurr Street Suite 10 and authorizing the City Manager, or designee, to finalize and execute all necessary exhibits and related documents, subject to approval as to form by the City Attorney
SUMMARY:

Staff received a proposal from Blue Hill Studios, to open a Fine Art Screen Print Studio in Downtown Indio and is seeking to lease 45250 Smurr Street Suite 10, totaling approximately 1,787 square feet.

The proposed Indio location will build upon the studio’s existing work by providing a dedicated space for screen printing, art exhibitions, workshops, community events, and collaborations with other artists. Blue Hill Studios also plans to host quarterly workshops, monthly art markets, and educational opportunities for students and emerging creatives, while providing screen-printing services to local businesses. The proposed use will create a destination for artists, residents, and visitors and contribute to the cultural and economic vitality of Downtown Indio. Therefore, staff recommends authorizing the City Manager to execute the Commercial Lease Agreement with Blue Hill Studios (Attachment 1), as the proposed use supports the City's ongoing efforts to attract destination-oriented businesses and activate commercial space within Downtown. Downtown Indio continues to experience significant public and private investment, with more than $200 million invested in completed, active, and planned projects throughout the Downtown. Recent business openings, including Dune Room, The Place, Saguaro Coffee, Indio Taphouse, Italica, Gabino's Creperie, Desert Beer Co, Everbloom, Donna Forte Pizza Bar & Grill, and Nexus House have contributed to Downtown's continued revitalization, while additional projects currently under construction or expected to commence in the near future. These investments also include the College of the Desert campus expansion, a new Child Development Center, and more than 110 mixed-use apartment units. The proposed lease is consistent with the Downtown Specific Plan and will further stimulate new investment, create new jobs, and generate additional sales tax revenue for the community.

BACKGROUND INFORMATION:

AGENDA ITEM #9.11
Authorize the City Manager to Execute a Commercial Lease Agreement with ... Page 520 of 953 Adopted in April 2020, the Downtown Specific Plan created the blueprint for the revitalization of Downtown Indio. The goal of the Downtown Specific Plan is to promote economic development and revitalization to make Downtown Indio a compelling local and regional destination.

In terms of the General Plan, the properties on Smurr Street are within the Downtown Specific Plan zoned Downtown Specific Plan (DT-SP) characterized by lively, pedestrian-oriented retail and restaurant uses. Goal ED-7 of the General Plan states that an economic development goal is to have “A City with the destination hospitality, retail, and entertainment opportunities to meet the needs of visitors and residents.” Additional entertainment and hospitality uses will conform to such a goal as part of the City's economic development strategy. Accordingly, the proposed lease is consistent with the General Plan and staff recommends that the City Council find that the lease of the property is in conformance with the General Plan.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$8,046 In current year budget: Yes
Current FY General
Fund Impact:
$8,046 Budget adjustment: No
Next FY Financial
Impact:
$10,728 Strategic Objective: Downtown Destination
Source of funds: Lease Revenue Fund-Org-Object
Reference:
101-405205
Additional Financial Details:

The salient terms of the Building Lease Agreement are as follows:

Premises: The building is located at 45250 Smurr Street Suite 10. The property consists of a onestory building of approximately 1,787 square feet.

Permitted Use of Premises: The Premises shall open and be used solely for a screen printing services, storefront, pop-up experiences, and workshops. The premises shall be open and operating a minimum of six (6) days per week, with eight (8) hours per day.

Lease Term: The term of the Agreement is three (3) years.

Rent Commencement Date: Four (4) months from when the Landlord delivers the keys to the tenant.

Rent: The rent shall be $894 per calendar month during the Term, prorated for any partial calendar month in the Term.

Security Deposit: Tenant shall pay the Security Deposit of $1,000 to Landlord on the date Tenant signs and delivers a counterpart of this Lease to Landlord.

Condition of Premises: Tenant is accepting the Premises in their current “as-is” condition, without representation or warranty, express or implied. The tenant’s improvements that are paid for by the tenant with their own capital. All tenant improvements are subject to review and approval by the City.

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Possessory Interest Taxes and Utilities: Tenant shall be responsible for the payment of all real property taxes on Tenant’s possessory interest and all charges for gas, electricity, telephone service, water, sewer service, trash removal, and other utilities and services furnished to the Property during the Term.

ATTACHMENTS:

Attachment 1 - Commercial Lease Agreement
APPROVAL(S):

Miguel Ramirez-Cornejo, Dir. of Economic Development Approved - 10 Aug 2026 Ruby D. Walla, Director of Finance Approved - 12 Aug 2026 Steven Graham Pacifico, City Attorney Approved - 13 Aug 2026 Jonathan Nicks, City Manager Approved - 13 Aug 2026