Agenda packet — Lancaster City Council, March 22, 2022 (part 2 of 2)

Field Street Name Report
1/29/2015
7:59:12AM
Avenue J-8 - 15th Street West to 20th Street West
Street Name:

End 1 Name:

End 2 Name: Length: PCI:PCI Date:Pavement Type:Width:

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AVENUE J-8 15TH ST W
20TH ST W

36.0 Asphalt 1/1/2009954-1 0.00
146,714.82
2,667.54 58.98
Total Length: Feet
Miles 0.5
2,667.54

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Field Street Name Report
1/29/2015
8:04:03AM
15th Street West - Avenue J to Avenue J-8
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End 1 Name:

End 2 Name: Length: PCI:PCI Date:Pavement Type:Width:

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15TH ST W AVENUE J-3
AVENUE J-2

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15,478.18
859.90 81.37
15TH ST W AVENUE J-8
AVENUE J-4

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63,930.82
1,775.86 84.37
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2,635.76

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Part III - Section B
Response to questions a – d:
a) The project provides a network of streets within Medical Main Street that would carry traffic that otherwise would use the surrounding arterials. For example, the addition of 17th Street West provides an alternate to 15th Street West for motorists accessing AV Hospital or other facilities within the project area. This would shift trips from 15th Street West. Several other streets would experience the same effect.

Secondly, bicycle, pedestrian, and transit mobility would be enhanced with the connected network of streets and sidewalks. The new network would connect sidewalks and bike lanes that are currently discontinuous. Transit service would also be enhanced with a complete network of sidewalks which enhances First/Last Mile to local and regional bus stops. An AVTA transfer center is located less than three miles from Medical Main Street.
b) VMT would be reduced with improved transit access to the project area, a connected network of sidewalks and bike lanes that reduces the need to drive between facilities, and road diet features on the surrounding streets that encourage people to park their cars and walk. The project would provide safe and enjoyable transportation options for visitors and commuters. The improved mobility would be a key for increasing ridership on AVTA.
c) By making it safer (and more efficient) to drive, walk and bike, the project will increase overall person throughput in the area. The improvements will cause commuters and visitors to Medical Main Street to use the new streets to reach their destinations. Traffic will reduce on the existing arterials as traffic moves inward to the project area using the new street network. The net effect will be the ability to increase capacity and person throughput.
d) Regional trip generators include AV Hospital, City of Hope, Sunnydale Elementary School, Home Depot Shopping Center, Antelope Valley Plaza, Desert Sands High School, Desert Christian Centers, and Antelope Freeway.

The bicycle, pedestrian and transit components of the project cannot happen without the development of the new Medical Main Street roadway network and reconfiguration of the existing arterials. Although we could do minor widening and restriping of the existing arterials to add bike lanes surrounding the project area, the capacity of the area would not be improved. The addition of an internal street network will allow for additional multimodal improvements and resolve the capacity and throughput challenges we currently face. The new improvements will create an environment that welcomes healthy living and alternate transportation modes.

Average Annual Daily Traffic (AADT)
and
Peak Hour Volumes (VPH)
Existing Conditions
(2014)1
Projected Future
Conditions without
Project (2035)2
Projected Future
Conditions with
Project (2035)3
Existing Conditions
(2014)
Projected Future
Conditions without
Project (2035)
Projected Future
Conditions with
Project (2035)
Avenue J 20th Street W 17th Street 26,900 40,771 38,671 23,500 35,600 33,800 Avenue J 17th Street 15th Street 26,900 40,771 37,571 23,500 35,600 32,800 Avenue J 15th Street Kingtree Avenue 23,600 35,770 32,970 20,600 31,300 28,800 Avenue J-3 20th Street W 17th Street Future - 2,800 Future - 2,400 Avenue J-3 17th Street 15th Street Future - 2,800 Future - 2,400 Avenue J-3 15th Street 13th Street Future - 2,800 Future - 2,400 Avenue J-5 Women Pavillion 15th Street Future - 900 Future - 800 Avenue J-5 15th Street 13th Street Future - 900 Future - 800 Avenue J-5 13th Street 12th Street Future - 900 Future - 800 Home Depot Street 20th Street W 17th Street Future - 500 Future - 400 Avenue J-8 20th Street W 17th Street 11,400 17,279 16,779 10,000 15,100 14,700 Avenue J-8 17th Street 15th Street 11,400 17,279 16,379 10,000 15,100 14,300 20th Street Avenue J Avenue J-3 23,700 35,921 36,421 20,700 31,400 31,800 20th Street Avenue J-3 Home Depot Street 23,700 35,921 36,821 20,700 31,400 32,200 20th Street Home Depot Street Avenue J-8 23,700 35,921 36,421 20,700 31,400 31,800 17th Street Avenue J Avenue J-3 Future - 3,700 Future - 3,200 17th Street Avenue J-3 Home Depot Street Future - 3,700 Future - 3,200 17th Street Home Depot Street Avenue J-8 Future - 3,700 Future - 3,200 15th Street Avenue J Avenue J-3 14,700 22,280 33,769 12,800 19,500 29,500 15th Street Avenue J-3 Avenue J-5 14,700 22,280 33,769 12,800 19,500 29,500 15th Street Avenue J-5 Avenue J-8 14,700 22,280 33,769 12,800 19,500 29,500 13th Street Avenue J Avenue J-3 Future - 500 Future - 400 13th Street Avenue J-3 Avenue J-5 Future - 500 Future - 400 13th Street Avenue J-5 Avenue J-8 Future - 500 Future - 400 12th Street Avenue J-4 Avenue J-5 170 258 758 100 200 700 12th Street Avenue J-5 Avenue J-8 150 227 727 100 200 600 Notes:
1 2014 ADT volumes obtained from City of Lancaster Traffic Engineering Department 2 Compounding 2 percent per year growth rate was applied to the 2014 ADT to arrive at 2035 forecasts; growth is consistent with City of Landcaster General Plan Update Future Traffic Conditions Report (Iteris, 2008). 4 Annual Average Daily Counts (AADT) were derived from the ADT. Per the FHWA Traffic Monitoring Guide, the conversion from ADT to AADT involves both a seasonal factor (SF) and an axel conversion factor (ACF). Based on the review of the Monitoring Guide, this area of Lancaster is expected to have a an SF of 0.92 and an ACF of 0.95. Therefore, AADT = ADT x SF x ACF = ADT x 0.92 x 0.95.

Average Daily Traffic (ADT) Average Annual Daily Traffic (AADT)4 Roadway Segment From To
3 2035 with project conditions were estimated by using the Institute of Transportation Engineers (ITE) Trip Generation Handbook for existing uses in the project area. For example, the Antelope Valley Hospital Main Buidling is approximately 169,000 square feet which typically generates about 2,800 daily trips (16.50 trips per 1,000 square feet of floor area). This number was added to the new street connections and were subtracted from existing streets based on logical origins and destinations. It should be noted that these are approximations and that a more detailed traffic impact analysis would provide a higher level of accuracy.

Existing Conditions
(2014)1
Projected Future
Conditions without
Project (2035)2
Projected Future
Conditions with
Project (2035)3
Existing Conditions
(2014)
Projected Future
Conditions without
Project (2035)
Projected Future
Conditions with
Project (2035)
Avenue J 20th Street W 17th Street 2,421 3,669 1,569 2,100 3,200 1,400 Avenue J 17th Street 15th Street 2,421 3,669 469 2,100 3,200 400 Avenue J 15th Street Kingtree Avenue 2,124 3,219 419 1,900 2,800 400 Avenue J-3 20th Street W 17th Street Future - 2,800 Future - 2,400 Avenue J-3 17th Street 15th Street Future - 2,800 Future - 2,400 Avenue J-3 15th Street 13th Street Future - 2,800 Future - 2,400 Avenue J-5 Women Pavillion 15th Street Future - 900 Future - 800 Avenue J-5 15th Street 13th Street Future - 900 Future - 800 Avenue J-5 13th Street 12th Street Future - 900 Future - 800 Home Depot Street 20th Street W 17th Street Future - 500 Future - 400 Avenue J-8 20th Street W 17th Street 1,026 1,555 1,055 900 1,400 900 Avenue J-8 17th Street 15th Street 1,026 1,555 655 900 1,400 600 20th Street Avenue J Avenue J-3 2,133 3,233 3,733 1,900 2,800 3,300 20th Street Avenue J-3 Home Depot Street 2,133 3,233 4,133 1,900 2,800 3,600 20th Street Home Depot Street Avenue J-8 2,133 3,233 3,733 1,900 2,800 3,300 17th Street Avenue J Avenue J-3 Future - 3,700 Future - 3,200 17th Street Avenue J-3 Home Depot Street Future - 3,700 Future - 3,200 17th Street Home Depot Street Avenue J-8 Future - 3,700 Future - 3,200 15th Street Avenue J Avenue J-3 1,323 2,005 3,039 1,200 1,800 2,700 15th Street Avenue J-3 Avenue J-5 1,323 2,005 3,039 1,200 1,800 2,700 15th Street Avenue J-5 Avenue J-8 1,323 2,005 3,039 1,200 1,800 2,700 13th Street Avenue J Avenue J-3 Future - 500 Future - 400 13th Street Avenue J-3 Avenue J-5 Future - 500 Future - 400 13th Street Avenue J-5 Avenue J-8 Future - 500 Future - 400 12th Street Avenue J-4 Avenue J-5 15 23 758 0 0 700
12th Street Avenue J-5 Avenue J-8 14 20 727 0 0 600
Notes:

Vehicles Per Hour (VPH) is based on the peaking factors described in City of Landcaster General Plan Update Future Traffic Conditions Report (Iteris, 2008). Peaking factors ranged from 8% to 10% of ADT 1 2014 ADT volumes obtained from City of Lancaster Traffic Engineering Department

0.92 0.95
4 Annual Average Daily Counts (AADT) were derived from the ADT. Per the FHWA Traffic Monitoring Guide, the conversion from ADT to AADT involves both a seasonal factor (SF) and an axel conversion factor (ACF). Based on the review of the Monitoring Guide, this area of Lancaster is expected to have a an SF of 0.92 and an ACF of 0.95. Therefore, AADT = ADT x SF x ACF = ADT x 0.92 x 0.95. 2 Compounding 2 percent per year growth rate was applied to the 2014 ADT to arrive at 2035 forecasts; growth is consistent with City of Landcaster General Plan Update Future Traffic Conditions Report (Iteris, 2008).

VPH Based on Average Daily Traffic (ADT) VPH Based on Average Annual Daily Traffic (AADT)4 Roadway Segment From To
3 2035 with project conditions were estimated by using the Institute of Transportation Engineers (ITE) Trip Generation Handbook for existing uses in the project area. For example, the Antelope Valley Hospital Main Buidling is approximately 169,000 square feet which typically generates about 2,800 daily trips. This number was added to the new street connections and were subtracted from existing streets based on logical origins and destinations. It should be noted that these are approximations and that a more detailed traffic impact analysis would provide a higher level of accuracy.

Level of Service Values (LOS)
Part II, Question 3, Part C
Intersection
20th Street/Avenue J AM PM AM PM AM PM
Peak Hour Volume 2,560 3,557 4,285 5,951 3,096 4,187
LOS Peak Hour D D D E C C
Peak Hour Delay 35.9 38.9 45.6 73.9 26.3 28.4
15th Street/Avenue J
Peak Hour Volume 2,569 2,871 4,297 4,802 3,106 4,202
LOS Peak Hour D C D D C C
Peak Hour Delay 35.5 34.2 43.5 47.2 24.8 23.7
20th Street/CA-14 Ramp
Peak Hour Volume 1,650 2,378 2,761 3,979 2,955 4,201
LOS Peak Hour C C D D C C
Peak Hour Delay 28.0 27.7 33.1 48.8 26.2 23.4
15th Street/Avenue J
Peak Hour Volume 1,814 2,109 2,736 7,728 2,461 3,141
LOS Peak Hour C C C F C C
Peak Hour Delay 30.7 32.5 34.3 102.9 25.4 26.2
20th Street/Avenue J
Peak Hour Volume 2,105 2,831 3,522 4,737 2,854 3,646
LOS Peak Hour C C D F C C
Peak Hour Delay 32.6 34.9 36.9 1,042.5 21.1 25.7
Notes:

Delay expressed in seconds per vehicle.

Highway Capacity Manual (HCM) Methodology was utilzed to calculate LOS and corresponding delay.

Peak hour intersection turning volumes obtained from Kimley-Horn (2014).

Project Assumptions:

Existing Future No Project Future With Project
-Provision of new internal street network (primarily 17th Street and 13th Street, coupled with new east-west connections of Avenue J-3, J-5 and Home Depot Southerly would decrease traffic on 20th and 15th at Avenues J and J-8. -Methodology for estimating trip reductions and rerouting was based on Institute of Transportation Engineers (ITE) Trip Generation Handbook trip rates for existing land uses. For example, the Antelope Valley Hospital Main Buidling is approximately 169,000 square feet which typically generates about 2,800 daily trips. This number was added to the new street connections and were subtracted from existing streets based on logical origins and destinations. It should be noted that these are approximations and that a more detailed traffic impact analysis would provide a higher level of accuracy. -Signal timing at each of the intersections (modifications to cycle length only) in the Future with Project scenario were adjusted based on traffic forecasts and optimal cycle lengths. No other signal modifications were evaluated.

Project Plans
Cross Sections
and
Right-of-Way Requirements

Medical Main Street
Project (PSRE) January 2015
2 2. Project Description
The City of Lancaster (“City”), in partnership with Antelope Valley Hospital, seeks to develop the Medical Main Street Planning area into a health care destination that promotes health and well-being for the entire Antelope Valley. Much of the recent growth surrounding Antelope Valley Hospital is the result of medical services seeking to locate near the hospital facility. Significant growth is anticipated to occur within the boundary of the Medical Main Street planning area over the next 20 years. This growth will only be possible with the establishment of a new network of interconnected streets to address the significant lack of connectivity and accessibility that currently exists. Therefore, a major priority of this project is to improve the transportation infrastructure.

The Antelope Valley is in health crises with the highest death rates from coronary heart disease, diabetes, suicide and automobile crashes in Los Angeles County. One of the goals of this planning effort is to engage the medical community, neighbors, and the community at large, and to stimulate innovative solutions to produce substantial health improvements. The Antelope Valley contains a high percentage of low-income households. These communities experience elevated rates of obesity, diabetes, cardiovascular disease and mortality. At the neighborhood level, sidewalks, cross-walks, multi-use trails, safe streets, “complete streets,” inter-connected streets and trails and public transportation are associated with physical activity. Chronic diseases are influenced by the built environment. The way we arrange different land uses in relation to transportation systems, the natural environment, and how they relate to one another, also determines the degree to which residents can engage in physical activity and how easily they can access preventative and medical services. Consequently, safe and comfortable streets must be matched with proper land use, zoning, and development that bolsters and complements active living. In this regard, strategically targeted density, mixed land uses, inter-connected street and trail networks, and safe, accessible and well maintained public spaces are several design principles that support the targeted goal.

The planning area lacks streets and sidewalks that hinder mobility and accessibility from the hospital to the surrounding buildings. A patient visiting one of the medical buildings on the periphery, who wants to get to the hospital, must return to their car, drive out of the parking lot, take an arterial street, and then drive back into a parking lot, just to reach a hospital which seemed just an arms distance away from where they started. Therefore, the first attention of this planning effort focuses on street infrastructure improvements to form a more connected network.

The Medical Main Street project area is roughly bounded by 12th Street West to the east, Avenue J to the north, 20th Street West to the west, and SR-14 (Antelope Valley Freeway) and Avenue J-8 to the south.

The project improvements generally include:
(a) Construction of Avenue J-3 from 20 th Street West to 13 th Street West. The anticipated right-of-way width would be 77 feet and the street cross-section would accommodate one lane in each direction, bus turnouts or on-street parking, shared bike lanes, a center median, and meandering landscaped parkway and sidewalks. Curb extensions would be added at all crossings.

Specifically, the 77 foot cross-section includes: a nine foot landscaped median; 20 foot curb-to-curb roadway on either side of the median with one 11-foot lane and a nine foot width for bus turnouts or street parking; and, four to eight foot variable width landscaped parkway and six foot meandering sidewalks.

Medical Main Street
Project (PSRE) January 2015
3 (b) Construction of 17 th Street West from Avenue J to Avenue J-8 and construction of a new street near Home Depot between 20 th Street West and 17 th Street West. The anticipated right-of-way width would be 78 feet wide and the street cross-section would accommodate one lane in each direction, on-street parking, shared bike lanes, landscaped parkway and meandering sidewalks, and a separate jogging path along 17th Street West. Curb extensions would be added at all crossings.

Specifically, the 78 foot cross-section would include: 36 feet curb-to-curb roadway consisting of one lane in each direction and on-street parking; and, four to eight foot variable width landscaped parkway and meandering six foot wide sidewalks, and an eight foot jogging path. (c) Construction of Avenue J-5 from 15 th Street West to 13th Street West; widening of Avenue J-5 from 13 th Street West to 12 th Street West; and, improvements along Woman’s Center between Avenue J-3 and Avenue J-5. The anticipated right-of-way width would be 68 feet wide and the street cross-section would accommodate one lane in each direction, on-street parking, shared bike lanes, landscaped parkway and meandering sidewalks. Curb extensions would be added at all crossings.

Specifically, the 68 foot cross-section would include: 36 feet curb-to-curb roadway consisting of one lane in each direction and on-street parking; and, four to eight foot variable width landscaped parkway and meandering six foot wide sidewalks. (d) Construction of 13 th Street West from Avenue J-2 to Avenue J-8; construction of Avenue J-2 and 14 th Street West; and construction of miscellaneous sidewalk improvements. The anticipated right-of-way width would be 68 feet wide and the street cross-section would accommodate one lane in each direction, on-street parking, shared bike lanes, landscaped parkway and meandering sidewalks. Curb extensions would be added at all crossings.

3. Need and Purpose
This project would implement roadway and multi-modal improvements needed to obtain the following objectives:
a) Enhance access and traffic operations for vehicles, bicycles, and pedestrians to transform the Medical Main Street planning area into a center for healing and a civic center where people live, work, shop, and play in healthy and sustainable ways. b) Provide a transportation network that enables efficient access and mobility within and around the project limits.
c) Engage the medical community in innovative ways to make substantial health improvements, develop a medical industry, and foster healthy lifestyles throughout the community and region.

Medical Main Street
Project (PSRE) January 2015
4 Need
The Medical Main Street planning area contains Antelope Valley Hospital which serves a region of more than 500,000 people that extends from Rosamond (Kern County) to the north; Acton to the south; Lake Los Angeles to the east; and, Lake Hughes to the west. The project area also includes other related medical facilities as well as commercial and residential land uses. Access to the Antelope Valley Hospital and other facilities is difficult due to limited street improvements in and around the area. Pedestrian, bicycle and transit mobility within the project area is also limited due to a lack of networked sidewalks, bike lanes, and transit amenities. Facilities within the project area are not efficiently accessed through the existing street network. Access is limited and additional medical facilities are needed to fulfill the community’s needs. The current streets, sidewalks, and transit amenities are not adequate to support for the Medical Main Street planning area expansion.

Purpose
The proposed improvements would significantly increase access to Antelope Valley Hospital and the surrounding Medical Main Street planning area. The improvements would provide access for motorists, bicyclists, and pedestrians and close the gaps within the existing street and sidewalk network. The proposed street network would be pedestrian, bicycle, and transit friendly with a Main Street feel that would provide improved access and mobility for motorists, cyclists, pedestrians, and transit riders from around the region.

4. Background and Project History
Project Setting
The project is located in the City of Lancaster within the Antelope Valley in Northern Los Angeles County.

The Antelope Valley is connected to the greater Los Angeles metropolitan area by State Route 14 and a Metrolink line. The area is located within a desert landscape and is generally flat. The region has undergone tremendous growth during the past 20 years and there are a variety of industries that serve the area.

The focus of this project is to provide and/or improve circulation and access in the Medical Main Street Project area. The Medical Main Street project area is roughly bounded by 12 th Street West to the east, Avenue J to the north, 20 th Street West to the west, and SR-14 (Antelope Valley Freeway) and Avenue J-8 to the south. Amargosa Creek also borders the southerly edge of the project area.

Land use in the project area consists of a mixture of Health Care, Mixed Use, and Commercial. The Antelope Valley Hospital is one the largest facilities in the project area and serves a large region of more than 500,000 people. Antelope Valley Hospital also has the only trauma center is the Antelope Valley.

Access to Antelope Valley Hospital and other current or planned medical facilities in the project area is limited by due to an incomplete network of streets surrounding the project area and a lack of connected streets, bike lanes, and sidewalks within the project area. Emergency response times to the hospital are limited as there are only two streets and one access point currently serving the hospital. Travel to and from the Antelope Freeway (SR-14) is also hindered due to the lack of street options.

Medical Main Street
Project (PSRE) January 2015
5 Within the project area, access is restricted due to the lack of connected sidewalks and streets. This results in patients driving from one building to another rather than being able to walk a short distance between buildings.

Existing Improvements to Project Setting
Portions of the Medical Main Street project area have been developed – approximately 60 percent of the area - with health care related facilities, including the Antelope Valley Hospital, apartment buildings, an elementary school, and two large retail stores.

There are existing streets that border the project area including 12 th Street West on the east, Avenue J West to the north, 20th Street West to the west, and Avenue J-8 to the south. In addition, 15th Street West crosses through the project in the north-south direction and provides two lanes of access in each direction.

Existing Transportation Facilities
As discussed above, the existing network of streets in the project area bound the project with an additional street, 15th Street West, traversing the project site in the north-south direction. There are also existing local streets within the project area to serve the existing facilities. These local streets do not support efficient access into the area, however, and simply serve individual developed sites. Regionally, State Route 14 is west of the project site and there are other arterials in a north-south and east-west grid pattern that serve the region.

Some existing local streets contain sidewalks however there are others without sidewalks on one or both sides of the streets.

Bike lanes do not currently exist within the project area.

Transit service is provided through Antelope Valley Transit Authority (AVTA) and operates along 15 th Street West within the project site between Avenue J-8 and Avenue J, and along West Avenue J between 20th Street West and Kingtree Avenue. Four AVTA bus stops along 15 th Street West and ten bus stops along West Avenue J are located within the project limits.

5. Project Alternatives
Traffic Data and Operations
A developed street network exists around the Medical Main Street project area. The network includes 20th Street West to the west with three lanes each direction, Avenue J to the north with three lanes each direction, and Avenue J-8 to the south with two lanes each direction. 15 th Street West bisects the project area with two lanes in each direction. There are many other smaller streets in and around the project area.

SR-14 crosses Avenue J-8 near 20th Street West and has a northbound exit ramp that ties into 20th Street West. This ramp is isolated from the northbound entrance ramp which is located off of Avenue J. The southbound SR-14 exit ramp terminates at Avenue J near the northbound entrance ramp and the southbound entrance ramp begins on Avenue J-8.

Medical Main Street
Project (PSRE) January 2015
6 Average Daily Volumes (ADT) for year 2014 was obtained from the City of Lancaster and is shown on Figure 1. Future year volumes were calculated assuming a two percent growth factor which was applied to the year 2014 volumes to develop the year 2035 volumes. These volumes were used to calculate Level of Service (LOS) values for intersections in and around the project area. Vehicle per hour (vph) values were also calculated and are shown in Figure 2.

The peak hour volumes, LOS, and peak hour delays for the existing year 2014, future 2035 without-project, and future 2035 with-project alternatives are shown in Figure 3.

Based on the analysis, all intersections under the 2035 with-project alternative operate at LOS C.

Under the 2035 without-project alternative two intersections were calculated to operate at LOS F and one at LOS E in the PM peak. The remaining intersections for 2035 without-project were calculated at LOS C or LOS D in the horizon year.

This analysis is preliminary and is based on assumptions that should be verified as the project proceeds.

It is anticipated that Vehicle Miles Traveled (VMT) would be reduced with improved transit access to the facilities in the project area, a connected network of sidewalks and shared bike lanes that reduces the need to drive between facilities within Medical Main Street, and the road diet features on the surrounding streets that encourage people to park their cars and walk within the project area. The improved mobility within the project area would be a key for increasing ridership on Antelope Valley Transit Authority.

No-Build Alternative
A No-Build Alternative was considered. The No-Build Alternative would not meet the Need and Purpose since access to and within the project site would not be improved nor would pedestrian or bicycle access and connectivity be improved.

Alternative No. 1 (Preferred)
Alternative No. 1 – New and widened streets within the Project site This alternative would consist of the construction of several streets within the project area to improve access to the site, improve connectivity within the project area, and provide enhanced pedestrian and bicycle mobility throughout the area.

Roundabouts are proposed at five intersections within the project area. The roundabouts will accommodate pedestrian and bicycle access across the intersections. Roundabouts reduce the severity of accidents, particularly T-bone accidents, which is one their advantages. Increased operational efficiency is another benefit of roundabouts utilizing yield control rather than timed phases.

Sidewalks would be provided for all streets within the project area to increase mobility and connect the area as a cohesive community resource. A new sidewalk/pathway would be added to connect the Antelope Valley Hospital building with the City of Hope facility. Parkways between the sidewalks and curbs would be landscaped and shade trees included throughout the project area.

Existing Conditions
(2014)1
Projected Future
Conditions without
Project (2035)2
Projected Future
Conditions with
Project (2035)3
Existing Conditions
(2014)
Projected Future
Conditions without
Project (2035)
Projected Future
Conditions with
Project (2035)
Avenue J 20th Street W 17th Street 26,900 40,771 38,671 23,500 35,600 33,800 Avenue J 17th Street 15th Street 26,900 40,771 37,571 23,500 35,600 32,800 Avenue J 15th Street Kingtree Avenue 23,600 35,770 32,970 20,600 31,300 28,800 Avenue J-3 20th Street W 17th Street Future - 2,800 Future - 2,400 Avenue J-3 17th Street 15th Street Future - 2,800 Future - 2,400 Avenue J-3 15th Street 13th Street Future - 2,800 Future - 2,400 Avenue J-5 Women Pavillion 15th Street Future - 900 Future - 800 Avenue J-5 15th Street 13th Street Future - 900 Future - 800 Avenue J-5 13th Street 12th Street Future - 900 Future - 800 Home Depot Street 20th Street W 17th Street Future - 500 Future - 400 Avenue J-8 20th Street W 17th Street 11,400 17,279 16,779 10,000 15,100 14,700 Avenue J-8 17th Street 15th Street 11,400 17,279 16,379 10,000 15,100 14,300 20th Street Avenue J Avenue J-3 23,700 35,921 36,421 20,700 31,400 31,800 20th Street Avenue J-3 Home Depot Street 23,700 35,921 36,821 20,700 31,400 32,200 20th Street Home Depot Street Avenue J-8 23,700 35,921 36,421 20,700 31,400 31,800 17th Street Avenue J Avenue J-3 Future - 3,700 Future - 3,200 17th Street Avenue J-3 Home Depot Street Future - 3,700 Future - 3,200 17th Street Home Depot Street Avenue J-8 Future - 3,700 Future - 3,200 15th Street Avenue J Avenue J-3 14,700 22,280 33,769 12,800 19,500 29,500 15th Street Avenue J-3 Avenue J-5 14,700 22,280 33,769 12,800 19,500 29,500 15th Street Avenue J-5 Avenue J-8 14,700 22,280 33,769 12,800 19,500 29,500 13th Street Avenue J Avenue J-3 Future - 500 Future - 400 13th Street Avenue J-3 Avenue J-5 Future - 500 Future - 400 13th Street Avenue J-5 Avenue J-8 Future - 500 Future - 400 12th Street Avenue J-4 Avenue J-5 170 258 758 100 200 700 12th Street Avenue J-5 Avenue J-8 150 227 727 100 200 600 Notes:
1 2014 ADT volumes obtained from City of Lancaster Traffic Engineering Department 2 Compounding 2 percent per year growth rate was applied to the 2014 ADT to arrive at 2035 forecasts; growth is consistent with City of Landcaster General Plan Update Future Traffic Conditions Report (Iteris, 2008). 4 Annual Average Daily Counts (AADT) were derived from the ADT. Per the FHWA Traffic Monitoring Guide, the conversion from ADT to AADT involves both a seasonal factor (SF) and an axel conversion factor (ACF). Based on the review of the Monitoring Guide, this area of Lancaster is expected to have a an SF of 0.92 and an ACF of 0.95. Therefore, AADT = ADT x SF x ACF = ADT x 0.92 x 0.95.

Part II, Question 3, Part C
Intersection
20th Street/Avenue J AM PM AM PM AM PM
Peak Hour Volume 2,560 3,557 4,285 5,951 3,096 4,187
LOS Peak Hour D D D E C C
Peak Hour Delay 35.9 38.9 45.6 73.9 26.3 28.4
15th Street/Avenue J
Peak Hour Volume 2,569 2,871 4,297 4,802 3,106 4,202
LOS Peak Hour D C D D C C
Peak Hour Delay 35.5 34.2 43.5 47.2 24.8 23.7
20th Street/CA-14 Ramp
Peak Hour Volume 1,650 2,378 2,761 3,979 2,955 4,201
LOS Peak Hour C C D D C C
Peak Hour Delay 28.0 27.7 33.1 48.8 26.2 23.4
15th Street/Avenue J
Peak Hour Volume 1,814 2,109 2,736 7,728 2,461 3,141
LOS Peak Hour C C C F C C
Peak Hour Delay 30.7 32.5 34.3 102.9 25.4 26.2
20th Street/Avenue J
Peak Hour Volume 2,105 2,831 3,522 4,737 2,854 3,646
LOS Peak Hour C C D F C C
Peak Hour Delay 32.6 34.9 36.9 1,042.5 21.1 25.7
Notes:

Delay expressed in seconds per vehicle.

Highway Capacity Manual (HCM) Methodology was utilzed to calculate LOS and corresponding delay.

Peak hour intersection turning volumes obtained from Kimley-Horn (2014).

Project Assumptions:

Medical Main Street
Project (PSRE) January 2015
10 An eight foot jogging path would be constructed on the west side of 17th Street West. This path would be separate from the six foot sidewalk in order to provide a standalone recreational facility that would not reduce the pedestrian mobility.

Curb extensions and bulb-outs would be included to enhance safety and mobility within the project area.

ADA ramps and accessibility features would be included throughout the project.

Class II and III bike lanes would be included on streets to increase mobility throughout the area. Bike lanes in both directions of travel will be added to the exterior roads around the project area including 15th Street West, Avenue J, and Avenue J-8. Shared bike lanes, sharrows, will be incorporated throughout the project limits to open access to bicyclists where none exists.

Short term bicycle parking will be provided at Antelope Valley Hospital and at other facilities in order to integrate bicycle usage more fully into the project area.

Transit amenities would be included to enhance and encourage transit use within the project area. The improvements might include new lighted bus shelters, new stops within the project area, bus turnouts, and added buses to the schedule. Antelope Valley Transit Authority has committed to increasing service through and around the area to support the improvements planned with the project.

Avenue J, Avenue J-8, and 15 th Street West would be rehabilitated and treated to bring the life cycle duration to the same level as the other improvements within the project and enhance accessibility with improved performance.

The project would include the following improvements:
(a) Construction of Avenue J-3 from 20 th Street West to 13 th Street West. The anticipated right-of-way width would be 77 feet and the street cross-section would accommodate one lane in each direction, bus turnouts or on-street parking, shared bike lanes, a center median, and meandering landscaped parkway and sidewalks. Curb extensions would be added at all crossings.
(b) Construction of Avenue J-5 from 15 th Street West 13 th Street West; widening of Avenue J-5 from 13th Street West to 12 th Street West; and, and improvements along Woman’s Center between Avenue J-3 and Avenue J-5. The anticipated right-of-way width would be 68 feet wide and the street cross-section would accommodate one lane in each direction, on-street parking, shared bike lanes, landscaped parkway and meandering sidewalks. Curb extensions would be added at all crossings.
(c) Construction of 17 th Street West from Avenue J to Avenue J-8 and construction of the Home Depot Southerly Street. The anticipated right-of-way width would be 78 feet wide and the street cross-section would accommodate one lane in each direction, on-street parking, shared bike lanes, landscaped parkway and meandering sidewalks, and a separate jogging path along 17th Street West. Curb extensions would be added at all crossings. (d) Construction of 13 th Street West from Avenue J-2 to Avenue J-8; construction of Avenue J-2 and 14 th Street West; and construction of miscellaneous sidewalk improvements . The anticipated right-of-way width would be 68 feet wide and the street cross-section would Medical Main Street
Project (PSRE) January 2015
11 accommodate one lane in each direction, on-street parking, shared bike lanes, landscaped parkway and meandering sidewalks. Curb extensions would be added at all crossings. (e) Rehabilitation of the Avenue J, Avenue J-8, and 15 th Street West. Treatment would include pavement conditioning to extend the life of the pavement.

The proposed improvements in this alternative would require the partial acquisition of 15 properties. The list of the impacted APNs is referenced below. Future plans will be in line with the land use categories contained in the City's General Plan and have been factored into the Medical Main Street Project.

The City owns several parcels within the project area. In addition, Antelope Valley Hospital owns several other parcels within the project area and is an active partner in the project. This reduces the number of required right-of-way parcels to be acquired which in turn reduces the schedule risk associated with the right-of-way acquisition. There are 15 parcels owned by others that will be impacted and partially acquired.

The project has been discussed with some owners and they are in favor of the project. No specifics have been discussed with individual land owners, however, since the project has not been environmentally cleared at this point.

A list of the impacted APNs that are not owned by the City of Lancaster or Antelope Valley Hospital include:
3123-001-062 3123-001-068
3123-003-094 3123-003-099
3123-003-100 3123-003-101
3123-003-102 3123-004-027
3123-004-037 3123-004-042
3123-004-045 3123-004-046
3123-004-047 3123-016-004
3123-016-005
Please refer to Attachment C for a concept sketch of the right-of-way parcels and project layout plans.

6. System Planning
State Planning
California Transportation Plan (CTP) 2025 – The Medical Main Street project would improve mobility throughout the City of Lancaster by improving access to the Medical Main Street, aligning with the goals of the CTP. Multiple modes would also be served including pedestrians, bicycles, vehicles, and transit.

Regional Planning
Los Angeles County Metropolitan Transportation Authority Long Range Transportation Plan (2009) – The goal of the proposed project is to improve traffic flow and access by adding capacity through capital investments.

Medical Main Street
Project (PSRE) January 2015
12 SCAG Regional Transportation Plan (RTP) 2012-2035 – The proposed project aligns with the 2012-2035 RTP/Sustainable Community Strategies (SCS) as it seeks to optimize the performance of the existing transportation system. Investments in the Medical Main Street would complete the system by addressing gaps in the current roadway capacity.

This project is not located along a High Quality Transit Area, but the project would still be highly beneficial to transit riders, pedestrians, and bicyclists. The proposed improvements would reduce VMT since people would walk or cycle between facilities within Medical Main Street. In addition, transit service would be bolstered with new lines and bus stops added to the area which would also reduce VMT.

Land use in the project area is combined and includes health care/medical, commercial, and mixed use.

Features for multi-modal use have been included in the project and incorporate features such as sidewalks, curb extensions, bulb-outs, shared bike lanes, bike lane signal detection, bus turnouts, road diet features, and enhanced crosswalks. These kinds of features combine to create a highly integrated project that, while not in a High Quality Transit Area, still meets the spirit of the concept and reduces VMT.

Local Planning
City of Lancaster General Plan – The proposed project supports the City of Lancaster General Plan, Circulation Element, adopted in 2008, through the following policies:

Policy 14.1.2: Maintain and improve the operation of the roadway network by adhering to the circulation system improvements of the Transportation Master Plan for the development and operation of the system, while providing the flexibility to allow consideration of innovative design solutions.

Policy 14.2.3: Support a roadway network that takes into consideration noise and safety issues, along with other quality of life issues.

Policy 14.4.2: Promote the use of alternative modes of transportation through the development of convenient and attractive facilities that support and accommodate the services.

Policy 14.4.3: Encourage bicycling as an alternative to automobile travel for the purpose of reducing vehicle miles traveled, fuel consumption, traffic congestion, and air pollution by providing appropriate facilities for the bicycle riders.

Policy 14.4.5: Design transportation facilities to encourage walking, provide connectivity, ADA accessibility, and safety by reducing potential auto/pedestrian conflicts.

Policy 19.2.5 Create a network of attractive paths and corridors that encourage a variety of modes of transportation within the city.

The City of Lancaster is commencing the preparation of a “Complete Streets Master Plan” that will be funded through the Southern California Association of Governments through a Sustainability Program grant. This planning effort will amend the City’s General Plan to bring it into compliance with AB 1358, the Complete Streets Act of 2008, and will establish street design criteria to ensure that the City’s streets safely accommodate all expected street users (motorists, pedestrians, bicyclists, and transit users) while providing positive economic returns and being fiscally sustainable. Although this master plan has not yet Medical Main Street
Project (PSRE) January 2015
13 been prepared, the designs of the streets proposed in this project reflect the City’s commitment to a “complete streets” approach.

7. Environmental Resources and Clearance
The project site is located within the City of Lancaster. The project entails construction of roadway and related improvements within a site bounded by 12 th Street West on the east, Avenue J to the north, 20 th Street West to the west, and Avenue J-8 to the south. In addition, 15 th Street West crosses through the project in a north-south direction and provides two lanes of access in each direction.

A review of the project site and background material indicates that some environmental work has been performed for other projects in the area. However, technical studies would be required specifically for this project under the California Environmental Quality Act (CEQA). Based upon a preliminary review, it is likely that an Initial Study/Mitigated Negative Declaration would be needed for this project. The City of Lancaster would be the lead agency for the CEQA process. If federal funding is used for the project, environmental clearance under the National Environmental Policy Act (NEPA) would be required. It is anticipated that a Categorical Exclusion would apply to this project. FHWA/Caltrans would be the lead agency for the NEPA process with the City of Lancaster responsible for the preparation of the necessary documents. Based on existing workload and available resources, it is anticipated to take 6 to 12 months to complete the environmental process. The following section provides more detailed information of the potential environmental effects of the project.

Environmental Considerations
The project site is located in the high desert portion of northern Los Angeles County with numerous environmental resources in and around the region. The project site is located in an urbanized area and surrounded by commercial, residential, and medical uses; roadways; and SR-14. Many of the vacant, undeveloped parcels within the project site have been previously disturbed. As the project site is located in an urbanized area of the City, many of the resource areas would not be impacted or the impacts would be minimal and existing technical reports and information can be utilized. These include Aesthetics, Agricultural Resources, Biological Resources, Geology and Soils, Hydrology and Water Quality, Land Use, Mineral Resources, Population and Housing, Public Services and Utilities, and Recreation. Specific information regarding these resources provided below.

Aesthetics: The project would not have the potential to affect visual or scenic resources. None of the roadways located on the project site or in the vicinity of the project are designated as State or City scenic highways or roadways. The project site is located in an urbanized area with a mix of commercial, medical, residential, and educational uses. Implementation of the proposed project would not change the overall aesthetics of the area and a visual impact assessment would not be required.

Agriculture/Forestry and Mineral Resources : The project site is located in an urbanized area of the City of Lancaster. There are no agricultural uses, timberlands or mineral resources located within this part of the City and the proposed project would not result in any impacts to these resources.

Biological Resources: The project site is located in an urbanized area. Most of the property included in the project site is either developed or has been previously disturbed. Most of the vegetation on the undeveloped parcels is either invasive or non-native including tamarisk ( Tamarix ramosissima ) and Russian thistle ( Salsola tragus ). Based on a review of the California Natural Diversity Database Medical Main Street
Project (PSRE) January 2015
14 (CNDDB), no species status plant or animal species or habitat communities are expected to occur on the project site and none were identified in the database review. The urbanized area of the project site substantially reduces the likelihood of impacts to natural resources. Because the project area is generally developed, it is unlikely that the project site would be considered valuable habitat for any wildlife species.

No permits or agency coordination would be required.

Geology and Soils: The project site lies within the southern margin of the Antelope Valley alluvial basin at the boundary of the Transverse Ranges Geomorphic Province and Mojave Desert Geomorphic Province of California. The project site is covered by alluvial deposits of Quaternary age.1 The project site is relatively flat. A narrow strip adjacent to the Amargosa Creek channel is located within a liquefaction hazard zone.2 The project site is not located within an Alquist-Priolo Zone or an area with the potential for landslides, subsidence, or soil expansion.

Hydrology and Water Quality: The Amargosa Creek runs along the southwest limit of the project site. It is not expected that the creek would be directly impacted by the project; therefore a streambed alteration agreement from the California Department of Fish and Wildlife is not necessary. However, water quality issues will be an important consideration during construction and operation of the project and best management practices (BMPs) would be implemented to reduce runoff and erosion from the project site.

A Waste Discharge Report (WDR) permit from the Lahontan Regional Water Quality Control Board would be required.

Land Use/Planning and Population/Housing : The project site is located in an urbanized area of the City of Lancaster. The project site is designated as Health Care (HC), Commercial (C), Mixed Use (MU), Office Professional (OP), Multi-Residential (MR2), and Open Space (O), based on the Lancaster General Plan Land Use Map.3 As described above, the project would also support the Plan for Physical Mobility of City of Lancaster’s General Plan, adopted in 2009. The project would be consistent with plans and goals adopted by the City.

Additionally, the proposed project would not have the potential to divide or disrupt neighborhoods and communities, require the relocation of residences or businesses, or disproportionately affect low-income and minority populations.

Public Services and Utilities: The project would require right of way, construction easements, and utility relocations. No relocation of existing residences, businesses, schools, or commercial entities would be required for this project. The project would require coordination with public services and utilities to ensure impacts to services are not disrupted during project construction.

Recreation: No parks or recreational facilities are located within or immediately adjacent to the project site. As such, no impact to recreation is anticipated to occur with implementation of the proposed project.

Additional technical studies would be required for the following resource areas to accurately identify potential impacts.
1 California Department of Conservation, California Geological Survey. Seismic Hazard Zone Report for the Lancaster West

7.5-Minute Quadrangle, Los Angeles County, California. 2005.2 California Department of Conservation. “Seismic Hazard Zones – Lancaster West Quadrangle” February 11, 2005. 3 City of Lancaster. Lancaster General Plan Land Use Map. Adopted July 14, 2009 by Resolution No.09-52.

Medical Main Street
Project (PSRE) January 2015
15 Air Quality, Greenhouse Gases, and Noise : As previously described, the project site is located within an urbanized area and is surrounded by a mix of land uses, roadways, and SR-14. Sensitive receptors in the vicinity of the project site include several apartment complexes, medical facilities, and Sunnydale Elementary School. Air quality and noise impacts analyses are necessary to determine the project’s potential construction and operational impacts on these receptors.

Cultural Resources: Based on existing studies on projects in the surrounding area, no archaeological or paleontological resources are known to exist within the project site. However, numerous historic resources have previously been identified within one-mile of the project site. A cultural resources survey, including a field survey and records search, would be required for this project.

Transportation and Traffic: The project would construct new roadways within an urbanized area in the City of Lancaster. A traffic impact study would be prepared to address the construction and operational impacts of the project.

8. Hazardous Materials/Waste
The project site and surrounding area consist of medical, residential, commercial, retail, and educational facilities. The project would affect parcels, most of which are developed and occupied. A preliminary hazardous materials review for the project site using the State Water Resources Control Board’s Geotracker database 4 and the State Department of Toxic Substances Control Envirostor database 5 identified a total of nine hazardous waste sites within or immediately adjacent to the project site: one leaking underground storage tank (LUST) site, four permitted underground storage tank facilities, two closed LUST sites, one closed other cleanup site (dry cleaners), and one inactive school investigation cleanup site.

As part of the environmental review process, a Phase I Environmental Site Assessment will be prepared in accordance with ASTM Standard Practice E1527-05. This technical report will provide a comprehensive review of hazardous materials or waste near the project site and will include a regulatory database search and field reconnaissance to document any potential hazardous conditions. 4 California State Water Resources Control Board. Geotracker. Website:
http://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=lancaster%2C+ca . Accessed on January 21, 2015.
5 California Department of Toxic Substances Control. Envirostor. Website: http://www.envirostor.dtsc.ca.gov/ . Accessed on January 21, 2015.

Medical Main Street
Project (PSRE) January 2015
16 9. Funding/Programming
This City of Lancaster is requesting funding through the 2015 Metro Call for Projects and will be responsible for the 50 percent local match.

See Attachment B for the proposed project schedule.

The proposed funding plan is as follows:

11. Project Programming Request
A draft Project Programming Request has been has prepared and is contained in Attachment E.

12. Supporting Documents
Please refer to Section 15, Attachments, for a list of supporting documents.

13. Authorized Staff Signature
The cover sheet of the document is signed and stamped by a licensed civil engineer.

14. Recommendations
This report recommends the programming and funding of the Medical Main Street Project through the Los Angeles County Metropolitan Authority’s 2015 Call for Projects.

Funding of this project will allow for the proposed improvements to be constructed and significantly improve access and traffic operations along and within the project limits. Pedestrian mobility and safety will be improved throughout the project site with the project.

Alternative No. 1 would improve access and traffic operations beyond that of the No-Build conditions along the Medical Main Street project limits and improve the health of the community through a connected and accessible medical campus and city center.

15. Attachments
Attachment A – Project Financial Plan
Attachment B - Approved Cost Estimates and Schedule
Attachment C – Right-of-Way
Attachment D - Maps and Project Plans
Attachment E – Draft Programming Request
Medical Main Street
Project (PSRE) January 2015
ATTACHMENT A:

Project Financial Plan

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Medical Main Street
Project (PSRE) January 2015
ATTACHMENT B:

Total Project Cost Estimate and Schedule
Project Component Costs: (in 2014/5 dollars)
ENGINEER’S ESTIMATE OF PROBABLE COST
The proposed funding plan is as follows:

Metro REQUESTED ($) TOTAL ($)
Design Engineering $471,948.00 $943,895.00
R/W Acquisition $405,460.00 $810,920.00
Utilities Relocation $225,000.00 $550,000.00
Construction $4,307,658.00 $11,248,681.00
Construction Engineering $589,934.00 $1,179,868.00
TOTAL $6,000,000.00 $14,733,364.00
Project Schedule
Activity Date
Start Environmental Studies 7/1/2016
Draft Environmental Document 12/29/2017
Final Environmental Document 9/1/2018
Begin Design Engineering 12/1/2018
Plans, Specifications, & Estimates 3/1/2020
Start R/W Acquisition 6/1/2019
R/W Certification 5/1/2020
Utility Relocation 5/1/2020
Ready to Advertise 7/1/2020
Start Construction (Award) 10/1/2020
Project Completion (open for use) 12/1/2021
* Note: This cost estimate is base on preliminary engineering study only. The number is subject to change.

Description Quantity Unit Unit Price Price

STREET IMPROVEMENTS
1 Mobilization (3%) 1 LS $312,410 $312,410 2 Clearing and Grubbing 1 LS $150,000 $150,000 3 Unclassified Excavation 16,400 CY $10 $164,000 4 Imported Borrow 4,200 CY $15 $63,000
5 Recycle Existing Asphalt Pavement 211,500 SF $1.25 $264,375 6 Cold Plane & Overlay 3R Street Corridors
(a.k.a. Pavement Treatments) 660,800 SF $0.80 $528,640 7 Asphalt Concrete Pavement (5 inch AC Depth Assumed) 15,300 Tons $80 $1,224,000 8 Crushed Aggregate Base (10 inch AB Depth Assumed) 8,800 CY $60 $528,000 9 Curb Only 11,700 LF $20 $234,000
10 Curb & Gutter 27,900 LF $25 $697,500
11 Landscape 203,500 SF $10 $2,035,000
12 PCC Sidewalk 200,400 SF $6 $1,202,400
13 Aesthetic Hardscape 12,400 SF $8 $99,200
14 PCC Driveway 11,900 SF $10 $119,000
15 Drainage System 1 LS $500,000 $500,000 16 Jogging Track (3 inch AC Depth Assumed) 19,700 SF $1.50 $29,550 17 New Traffic Signal (Avenue J & 17th St W) 1 LS $175,000 $175,000 18 Existing Traffic Signal Modification (Ave J-3 & 15th St W) 1 LS $125,000 $125,000 19 Existing Traffic Signal Modification (Ave J-5 & 15th St W) 1 LS $125,000 $125,000 20 Existing Traffic Signal Modification (Ave J & 15th St W) 1 LS $125,000 $125,000 21 Existing Traffic Signal Modification (Ave J-8 & 15th St W) 1 LS $125,000 $125,000 22 Existing Traffic Signal Modification (Ave J & 20th St W) 1 LS $125,000 $125,000 23 Existing Traffic Signal Modification (Ave J-8 & 20th St W) 1 LS $125,000 $125,000 24 Signing and Striping
(including on-Campus Corridors and 3R Streets) 1 LS $300,000 $300,000 25 Street Lighting 1 LS $750,000 $750,000 26 Utility Relocation 1 LS $500,000 $500,000 27 Traffic Control 1 LS $100,000 $100,000 PROJECT SUBTOTAL $10,726,075
CONTINGENCY (10%) $1,072,607
PROJECT TOTAL CONSTRUCTION $11,798,682
28 Right of Way Acquisition 202,730 SF $4.00 $810,920 RIGHT OF WAY TOTAL $810,920
29 PS&E Design (8%) 1 LS $943,895 $943,895 30 Construction Management (10%) 1 LS $1,179,868 $1,179,868 ENGINEERING TOTAL $2,123,763
PROJECT TOTALWITH R/W AND ENGINEERING COST $14,734,000
Item

CITY OF LANCASTER
Medical Main Street
Antelope Valley Hospital Campus
1/29/2015
Preliminary Engineer's Estimate
From Amargosa Creek to Avenue J & From 20th St W to Kingtree Avenue Medical Main Street
Project (PSRE) January 2015
Responsible Agency: City of Lancaster
Contact Person Information:

Raymond M. Hunt
Capital Program Manager, Development Services Department Phone: (661) 945-6860
Fax: (661) 723-6221
Medical Main Street
Project (PSRE) January 2015
ATTACHMENT C:

Right-of-Way Information
APN Property Address (if applicable) Area Req'd
(Ft^2) Acquisition Type
3123-001-062 44226 20TH ST W, LANCASTER, CA 93534-4075 23688.47 ROW 3123-001-068 1810 AVENUE J, LANCASTER, CA 93534-2706 23689.95 ROW 3123-003-094 44300 LOWTREE AVENUE,
LANCASTER, CA 93534-4148 92.60 ROW
3123-003-099 44285 LOWTREE AVENUE,
LANCASTER, CA 93534-4170 5049.61 ROW
3123-003-100 44284 LOWTREE AVENUE,
LANCASTER, CA 93534-4169 3381.47 ROW
3123-003-101 1212 W AVENUE J, LANCASTER, CA 93534-2940 432.43 ROW 3123-003-102 1210 W AVENUE J, LANCASTER, CA 93534-2901 270.34 ROW 3123-004-027 44045 15TH ST W, LANCASTER, CA 93534-4029 131.77 ROW 3123-004-037 N/A 25262.10 ROW
3123-004-042 1601 W AVENUE J-8, LANCASTER, CA 93534-4771 21822.71 ROW 3123-004-045 N/A 20174.68 ROW
3123-004-046 44140 20TH ST W, LANCASTER, CA 93534-4045 9985.83 ROW 3123-004-047 44130 20TH ST W, LANCASTER, CA 93534-4045 7764.23 ROW 3123-016-004 N/A 38027.73 ROW
3123-016-005 N/A 22918.70 ROW
Total 202692.62
Right-of-Way Acquisition Summary

Medical Main Street
Project (PSRE) January 2015
ATTACHMENT D:

Maps and Project Plans

Medical Main Street
Project (PSRE) January 2015
ATTACHMENT E:

Project Programming Request

LACMTA Call for Projects
Proposition C Funding Agreement
and Scope Change Documents

November 15, 2019

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, California 90012
ATTN: Matthew Abbott; Mail Stop 99-22-7

RE: REQUEST TO REVISE SCOPE OF WORK
Medical Main Street
LACMTA Call for Projects ID# F9131, FTIP# LAF9131
Funding No. 920000000F9131

Please accept this letter as the City of Lancaster’s formal request to amend the Funding Agreement (FA) and revise the scope of work for the subject project. A developer within the Medical Mai n Street area has proposed a development concept that would require re -alignment of proposed roads. Briefly summarized below, Attachment B (enclosed) has been revised to include the following modifications:

 Move 17th Street West to the West and rename as 18th Street West  Terminate the westerly extension of proposed Avenue J-3 beyond 18th Street West  Terminate the easterly extension of proposed Avenue J-3 beyond 15th Street West  Remove Avenue J-2 and 14th Street West
 Remove the proposed Roundabout at Avenue J-3 and 13th Street West  Straighten the alignment of Avenue J-5 east of 13th Street West  Relocate the proposed roundabout at Avenue J-5 and 13th West to the north

With the revisions to the scope of work, we have revised our estimated project budget and updated Attachment A accordingly (enclosed).

Please let me know if you have any questions regarding this request or if you need any additional information.

Sincerely,

Marissa Diaz, P.E.

Senior Manager – Capital Programs

PWCP 20-006 CFP# F9131
Medial Main Street Funding Agreement

Page 2 ends

Encl: Attachment A, Project Funding (Revised)
Attachment B, Scope of Work (Revised)
FA, Effective March 15, 2019

cc: Fanny Pan, Deputy Executive Director
Jeff Hogan, Development Services Director
Trolis Niebla, Senior Manager – City Engineer
CFP#: F9131 FA# 920000000F9131
FTIP#: PPNO: N/A
(LACMTA Programmed Funding and Sponsors Match Only)
TOTAL % OF
PROGRAMMED FUNDS PRIOR YEARS FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 BUDGET BUDGET LACMTA PROGRAMMED FUNDING:

SELECT:

Proposition C 25% 1,022,760$ 3,622,232$ 4,644,992$ 40.7% LACMTA SUBTOTAL 4,644,992$ 40.7%
GRANTEE/SPONSOR MATCH:

Grantee Funding Commitment (specify type)
(Write specific type of funding match)
SELECT:

Prop C Local Return 1,490,164$ 3,850,601$ 5,340,765$ 46.8% STPL-Exchange 1,427,000$ 1,427,000$ 12.5% 6,767,765$ 59.3%
TOTAL PROGRAMMED FUNDING -$ -$ 2,512,924$ -$ 8,899,833$ -$ 11,412,757$ 100.0%

Rev:11.1.14 FA Prop C Attachment A Project Funds

GRANTEE / PROJECT SPONSOR MATCH SUBTOTAL
($ in Actual Dollars)

ATTACHMENT A - PROJECT FUNDING
PROJECT TITLE: MEDICAL MAIN STREET
GRANTEE/ PROJECT SPONSOR: CITY OF LANCASTER
FTIP#:LAF9131
PPNO: N/A
CFP# F9131
FA# 920000000F9131

Rev: 10.30.18 1 LOA CMAQ RSTP Attachment B

ATTACHMENT B

SCOPE OF WORK

PROJECT TITLE

Medical Main Street

PROJECT LIMITS

The Medical Main Street project area is bounded by 12th Street West on the east, Avenue J on the north, 20th Street West on the west, and SR-14 and Avenue J-8 on the south.

PROJECT DESCRIPTION

This project will construct approximately 1.75 miles of new roadway to alleviate burden to the existing arterial network, whilst providing necessary access to existing and proposed medical facilities as part of the Medical Main Street Planning area.

The project includes new streets, intersection improvements, shared bike paths, sidewalks, jogging path, 3R improvements, complete streets features, and transit access amenities. Major project components include the following:

 New roadways, including 18th Street West, 13th Street West, Avenue J-3, Home Depot Southerly Street, plus several other minor streets;
 Intersection improvements at multiple locations throughout the project area;  Roundabouts at three intersections, modified or new traffic signals at three locations, and road diet measures throughout the project area;
 Pedestrian Amenities, including:
o Curb extensions and bulb-outs,
o Sidewalks, and Pathways,
o Street lighting, and
o ADA Accessibility throughout;
 Bicycle Amenities, including:
o Bike lanes in both directions of travel on the exterior roads around the project area,
o Modifications to existing signals,
o Shared bike lanes (sharrows) incorporated throughout project area, and o Short Term Bicycle Parking at Antelope Valley Hospital and at other facilities;  A jogging path (8 feet wide) will be added on 18th Street West from Avenue J to Avenue J-8;
 Approx. 700, 000 SF of Rehabilitation, Restoration and Resurfacing (3R) Improvements o Avenue J, 20th Street West to 13th Street West;
FTIP#:LAF9131
PPNO: N/A
CFP# F9131
FA# 920000000F9131

Rev: 10.30.18 2 LOA CMAQ RSTP Attachment B

o 15th Street West, Avenue J to Avenue J-8; and
o Avenue J-8, 20th Street West to 12th street West; and  Transit Access Amenities:
o Bus Turnouts,
o New Lighted Shelters, and
o New Stops.

PROJECT BUDGET

Project Component LACMTA
CFP (C25)
Local
STP-L Exchange
Local
Prop C
Amount
Design and PS&E 297,732 433,796 731,527
Right-of-Way Acquisition 253,452 369,281 622,733
Utility Relocation 196,459 286,242 482,701
Construction Engineering 372,164 542,244 914,409
Construction 3,525,184 1,427,000 3,709,2020 8,661,387
Total Budget 4,644,992 1,427,000 5,340,765 11,412,757

PROJECT MILESTONES

Milestone Start Date Completion Date
Preliminary Engineering 01/13/2020 03/13/2020
Environmental Documentation Approval 06/17/2019 09/20/2020 Design (60%) 03/30/2020 07/31/2020
Right-of-Way Acquisition/Certification 09/20/2020 03/20/2021 Design (90%) 08/17/2020 10/16/2020
Design (100%) 11/02/2020 12/04/2020
Advertise 03/28/2021 04/27/2021
Contract Award 05/25/2021 05/25/21
Construction 06/21/2021 02/25/2022
Acceptance/Project Close-out 02/28/2022 05/27/2022

FTIP#:LAF9131
PPNO: N/A
CFP# F9131
FA# 920000000F9131

Rev: 10.30.18 3 LOA CMAQ RSTP Attachment B

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PARCEL MAP
Parcel Area (Acres) Parcel Area (Acres)
1 6.3 15 6.6
2 2.5 16 2.3
3 2.3 17 0.5
4 13.2 18 5.5
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Southern California Gas Company
Potholing Policy

Template Utility Notification Letters
(A, B and C)

CAD Deliverables
Standard

07/01/18 Page 1 of 17

CITY OF LANCASTER

CAPITAL PROGRAM DIVISION
615 West Avenue H, Lancaster, California 93534 (661) 945-6869

Standards for CAD Deliverables

APPROVED FOR RELEASE:

BACKGROUND
The Capital Program Division’s Standards for CAD Deliverables is based on the National CAD Standards as preset in AutoCAD Civil 3D by Autodesk, Inc. These Standards serve as a guide to provide consistency in the production of engineering documents, thereby establishing a common language for the design and final construction (as-built) documentation process.

The Standards for CAD Deliverables will apply to all projects, regardless of the project type or improvement site. They will help simplify the transfer of information between engineers, landscape architects and other design team members. They will also reduce preparation time for translation of electronic data files between design team members giving predictable file translation results.

The Standards for CAD Deliverables is a system for organizing and classifying design data.

The Capital Program Division understands that not all project documents will fully conform to these standards, in every respect and detail, and that most projects will include variations; nevertheless, best efforts should be made to meet the standards set herein.

The goal of these standards is to do the following:
 Minimize drawing set-up, review & editing time
 Provide consistency of CAD submissions to the Capital Program Division Remember, the City of Lancaster owns all CAD work by AGREEMENT:

Ownership of Documents. All plans, specifications, reports, studies, tracings, maps and other documents prepared or obtained by CONSULTANT in the course of performing the work required by this AGREEMENT shall be the property of the OWNER. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by CONSULTANT under this AGREEMENT shall, upon request, be made available to OWNER without restriction or limitation on their use.

SURVEYOR
References herein to “Surveyor” shall be the City Land Surveyor, a separate Survey Consultant providing Mapping and Surveying services to the City of Lancaster, or the Design Consultant (Consultant) if Mapping and Surveying services are included in their Scope of Work.

Survey files, whether provided by the City, Survey Consultant or Design Consultant shall conform to and support the standards herein.

07/01/18 Page 2 of 17

CAD SOFTWARE
The City currently uses AutoCAD Civil 3D 2016 by Autodesk, Inc.; CAD deliverables shall be fully compatible.

Verify with city for current version. Microstation is unacceptable. The city is currently not accepting 2017 AutoCAD.

CAD Files shall include all data generated by CAD including point files, horizontal and vertical alignment data, profile data, road templates, assemblies with all subassemblies, digital terrain models and all files necessary to thoroughly review all design elements and/or re-design “in-house”. For additional submittal requirements, refer to the project Scope of Work.

TEMPLATES
At Notice to Proceed (NTP), the Capital Project Manager (PM) shall provide a zip file containing the latest CAD templates, DRAFTING folder structure, pen settings, etc. as well as project number, current version of AutoCAD in use, current version of Windows in use and, as applicable, survey files from City Land Surveyor/Survey Consultant.

CONTACTS
These Standards for CAD Deliverables have been prepared by the Development Services Department Capital Program Division of the City of Lancaster. For comments, questions and other requests please email:

Tom Aranda
[email protected]
Edith Witte
[email protected]

STANDARDS

1.0 GENERAL REQUIREMENTS
 All information described in project requirements shall be included in the electronic data deliverables.
 All deliverables are to be provided on pre-approved Windows compatible data storage devices (DSDs), i.e. CD-ROMs, DVDs, or USB Flash Drive(s).
 All files are to be copied directly to the data storage device. No compression or archive utilities are allowed.
 The Consultant is responsible for retaining the electronic data until final written acceptance from the Capital Program Division has been issued.
 Electronic data deliverables are required with all hardcopy submittals.

2.0 REQUIRED DOCUMENTATION
The deliverable package shall include:
 Properly labeled pre-approved data storage device(s) containing o CAD drawing files

07/01/18 Page 3 of 17
o Supporting documentation and files
o soft copy text file (Microsoft Word) of the file descriptions o PDF versions of all files
 8 1/2"x 11" hard copy print out of the file descriptions

2.1 DATA STORAGE DEVICE LABELING
All data storage devices are to be labeled as follows:
 PROJECT NUMBER: PWCP, IB, CDP, etc.
 ACOUNT CODE: 7 digit account code
 PROJECT NAME: As listed on the Title Sheet
 DATE: The date when the submittal was delivered to the Capital Program Division.  SUBMITTAL: Project submittal phase (i.e. 30%, 60%, 90% 100%, “Mylar”, etc.)  AUTOCAD VERSION: Auto CAD version.
 WINDOWS VERSION: Windows version.
 COMPANY: Name of Firm
 CONTACT AND PHONE NUMBER: Contact and Phone Number of Consultant Project Manager.  DSD: DSD Number. Label as DSD x of y. When only a single DSD is used for the submittal, label as DSD 1 of 1.

2.2 FILE DESCRIPTIONS
Each DSD is to be accompanied by a list of all files included in the submittal, indexed by DSD Number, with file descriptions, on an 8 1/2"x11" hard copy print out, and a soft copy text file, in Microsoft Word format.

Working files using reference files are to itemize all applicable reference files and layers.

Include all information to be on DSD label(s), at the top of each list, and number pages (Page x of y).

3.0 REQUIRED DATA
CAD Files shall include all data generated by AutoCAD Civil 3D including point files, horizontal and vertical alignment data, profile data, road templates, assemblies with all subassemblies, digital terrain models and all files necessary to thoroughly review all design elements and/or re-design “in-house”. For additional submittal requirements, refer to the project Scope of Work.

All drawings shall include a PLOT STAMP with date printed, file name, and tab name information as a minimum.

Include ALL drawings included in the hard copy submittal, including any standard in the CD-ROM sheets (i.e., abbreviation sheets, standard symbol sheets, etc.) necessary for a complete document set.

Include ALL files, both graphic and non-graphic, required for accessing and using the project submittal drawings (e.g., color tables, pen tables, plot files) in the CD-ROM.

A PDF version of all hard copy submittals shall also be included on the CD-ROM of deliverables.

07/01/18 Page 4 of 17

3.1 FILE TYPES
Both text and graphic type files will be included in the electronic data deliverables.

3.1.1 TEXT FILES
File descriptions are to be saved in Microsoft Word text format. Specifications shall be delivered in Microsoft Word format. Contact the Capital Program Division to determine the latest acceptable version of the file format.

3.1.2 DRAWING FILES
There are two distinct types of CAD files addressed in these standards: sheet files and model files.

A model file contains the physical components of a project. Model files are drawn at full scale (1:1) and typically represent plans, profiles, sections, etc. Units are to be set to Decimal Feet at precision factor 0.00.

Angle units are to be set to Decimal Degrees at precision factor 0.00. Insertion units for blocks and Xrefs are to be set to Feet.

A sheet file is synonymous to a plotted CAD drawing file. A sheet file is the selected view of the model file(s) at a particular scale ratio (i.e. 1:40, 1:20, etc.) within a border sheet. A sheet file is a ready-to plot CAD file.

Sheet file shall be created with AutoCAD Paper Space.

3.2 FILE INFORMATION
All information included in hard copy submittals shall be included in electronic data deliverables.

Drawings relying on reference files are to include a list of dependent reference files on the title block. Any reference files or block files pertinent to the content of the working file are required data and are to be included on the File Description.

3.3 FILE FORMAT
All submittals shall incorporate good drafting practices and organize information clearly and systematically.

Examples of acceptable organization of drawing information may be requested from the Capital Program Division.

FILE SIZE, ORGANIZATION AND MANAGEMENT

3.4.1 GENERAL
It is the responsibility of the Consultant to organize drawing information coherently and to maintain reasonable file sizes. See Section 3.8 for CAD file naming and additional file organization and management standards.

All of the engineering drawing files for each phase (60 Percent, 90 percent, etc.) of the project are to reside in the same folder, including all xref files.

07/01/18 Page 5 of 17

3.4.2 PROJECT DIRECTORY STRUCTURE
The latest DRAFTING folder structure will be included in the Templates zip file sent at NTP. Below is the directory:

3.4.2 ITEMS PROVIDED BY THE CITY
The City Project Manager (PM) shall provide City as-builts, reports, studies, and other files in the 01 Project 15ST030 (where 15ST030 is the CIP account code) Project Documents and Project Info folders. The Consultant shall store any other Project Documents and Project Info in these folders as well.

3.4.3 SURVEY
The Surveyor will provide at least three CAD files in the 02 Survey folder:
1) The Original Ground Topographic Survey Map with Surface. This file will be named with a Survey tracking number such as 15ST030_TOPO (where 15ST030 is the CIP account code). The Consultant shall copy this file to the Survey folder under Working Files and rename it 15ST030_EXTO. This file becomes the project working topo file. It is the Consultant’s responsibility to ensure that the working file reflects the current file provided by the Surveyor. This 15ST030_EXTO file should be xrefed into the Plans as required. 2) The Legal Road Centerline. This file will be named with a Survey tracking number such as 15ST030_EXCL2.

This file shall be copied to the Survey folder under Working Files and renamed to 15ST030_EXCL to create the project working centerline file. It is the Consultant’s responsibility to ensure that the working file reflects the current file provided by the Surveyor. This centerline alignment may consist of one or more road survey (RS) For City use unless Construction
Support Services are included in
Consultant Scope of Work

07/01/18 Page 6 of 17
alignments attached together to form one continuous alignment stationed from the start of the project to the end.
3) Existing Right-of-Way. This file will be named with a Survey tracking number such as 15ST030_EXRW2. This file shall be copied to the Survey folder under Working Files and renamed to 15ST030_EXRW to create the project working right-of-way file. It is the Consultant’s responsibility to ensure that the working file reflects the current file provided by the Surveyor and any additional dedications acquired during design.

3.4.4 CAD FILES
Most of the drawing files can be classified as Working Files, Master Files, Scratch Files or Mylar Files.

Working Files are the “live” files in which design occurs. Examples of working files include the topo (EXTO) and road centerline (EXCL) and proposed planimetric design with geometric alignments (PRPN). Working files are named in accordance with Section 3.8 herein.

Working Files represent multiple features that are referenced to an established or assumed coordinate system. Do not use any commands that will alter the origin of the design model.

Surveyors will provide the EXTO and EXCL files and the EXRW file(s) as noted in Section 3.4.3.

The Consultant will extract the surface(s) and alignment(s) from the files provided by the Surveyor, merge them into the initial PRPN working file and place it in the appropriate working folder. The Consultant will prepare the EXUT file from plans provided by the various utility companies. Each utility is to be on a unique layer. If the same utility is supplied by multiple owners, the layer names are to reflect the owners’ names.

In general, design work and station references shall be with respect to the working centerline file 15ST030_EXCL (where 15ST030 is the project account code).

Master Files are copies of all working files and supporting documents at a particular submittal. For example, Changing Design Phases – 60% to 90%:

After the 60% submittal of the project is completed and work is to begin on the 90% submittal the following applies.
 Place PDF files of all 60% CAD design documents in: DRAFTING\03 Design\60 Percent\Plans  Copy all Working, Scratch and other required support CAD files from DRAFTING\03 Design\ 60 Percent to DRAFTING\03 Design\90 Percent
 ZIP all 60% CAD files into a single .zip file: DRAFTING\03 Design\60 Percent\Plans\DWG\ 15ST030_60 Percent.zip
The 60% PDFs and the 60% zip files have then become the 60% “Master” Files. This process shall be repeated for all submittals required in the Scope of Work.
“Scratch” Files have no particular naming convention. At the completion of the project phase (30, 60, 90, 100, etc.) all scratch (and backup) files shall be deleted unless needed for the subsequent phase. “Mylar” Files are the construction plan files that are plotted for inclusion in the construction plan bid set.

Each construction plan is a compilation of working files, including title block (TB). The Mylar File construction

07/01/18 Page 7 of 17
plan sheets are essentially a window through which the working file details are displayed. Typically, the City includes these files as layout tabs in the Working File. If the complexity or project type warrant, these sheets may be separated into their own files.

3.5 COPY AND COMPRESS FORMAT
Files shall be copied directly to the pre-approved digital storage device. No compression or archive utilities are allowed.

3.6 REFERENCE FILES
Drawings using reference files are to list referenced files on the title block layer. This list will give an account of dependent files for the complete document. This information will also be added to the file description for working files, refer to section 2.2. In all submittals reference files shall be located in the same directory as the dependent files.

3.7 DOCUMENT FILE FORMAT
As noted in Section 3.1.2, each hard copy submittal sheet shall have a corresponding plot ready electronic CAD drawing sheet file created with AutoCAD Paper Space. Plotting shall be set to plot a view named "plot", at the correct scale, to match the hard copy submittals.

Each hard copy submittal sheet shall also have a corresponding electronic PDF version of the sheet included with the CAD deliverables.

3.8 FILE NAMING
All files included in the electronic data deliverable package will conform to a logical file naming convention.

Capital design projects may consist of multiple drawing files that require file naming management.

Typically, Capital project design files can be contained in a single Civil CAD file; however, if there is significant work by other disciplines, then Capital will generally separate the CAD files by discipline. The standard construction file naming convention is as follows: The (7) digit project account code, an underscore character ( _ ), followed by a short description, for example: 15ST030_Civil, 15ST030_TSM, 15ST030_SS, 15ST030_TTCP, 15ST030_LMD, 15ST030_ELEC, etc).

Although not preferred, if the project type and/or complexity of the project warrant, every sheet may be separated into its own file. The standard construction file naming convention would then be as follows: The (7) digit project account code, an underscore character ( _ ), followed by the discipline and sheet number, for example: 15ST030_Project Title, 15ST030_Civil Sheet 1, 15ST030_Civil Sheet 2, 15ST030_TSM Sheet 1, 15ST030_LMD, etc). If this is the case, a WORD file listing the File Name, Sheet Title and Cumulative Sheet Number, will be saved in the file folder for ease of reference, for example:

File Name Sheet Title
Cumulative
Sheet No.
15ST030_Project Title Title Sheet 1
15ST030_Civil Sheet 1 Typical Cross-Sections 2
15ST030_Civil Sheet 2 Street Improvement Plan and Profile 3

07/01/18 Page 8 of 17
30th Street West from Avenue K-4 to Avenue K-8
15ST030_Civil Sheet 3 Median Profile 4
15ST030_Civil Sheet 4 Street Improvement Details 5
15ST030_ELEC Sheet 1 LS-3 Rate Schedule Street Light Layout 30th Street West from Avenue K-4 to Avenue K-8
6 15ST030_ELEC Sheet 2 LS-3 Rate Schedule Street Light Details 7 15ST030_TSM Sheet 1 Traffic Signal Modification
30th Street West and Avenue K
8 15ST030_TTCP Sheet 1 Traffic Control Title Sheet 9

Working files of existing features are preceded by “EX” (e.g. EXTO, EXCL, EXRW) whereas working files for proposed features are preceded by “PR” (e.g. PRPN, etc). The following are standard working file names and descriptions. Once a project is started the working files shall not be renamed. In the following example, the project number is 15ST030.
15ST030_EXRW Existing Right of Way
15ST030_EXCL Existing Survey Centerline
15ST030_EXTO Existing Topographical map
15ST030_EXUT Existing Utilities
15ST030_PRPN Proposed Planimetric
15ST030_PROF Profiles
15ST030_SECT Sections
15ST030_CORR Corridors
15ST030_SURF Surfaces
Templates provided are set up assuming the project construction files can be contained in a single by discipline CAD file(s) (not by sheet). The template is a guide and it is the Consultant’s responsibility to organize and manage files in a manner appropriate for the project and consistent with these standards.

Invalid Characters for File and Subfolder Names
File and subfolder names shall not include any of the characters in the table below. tilde (~) braces ({ }) slash (/)
number sign (#) backslash (\) plus sign (+)
percent (%) colon (:) pipe (|)
ampersand (&) angle brackets (< >) quotation mark (")
asterisk (*) question mark (?) Multiple Periods (..)

In addition, file and subfolder names shall not start with an underscore ( _ ) character and shall not start and/or end with a period ( . ) character.

4.0 DRAWING FORMATS & GRAPHICS

07/01/18 Page 9 of 17
Sheet border, title block, consultant's stamp, logos and all other components of the working drawing sheet shall be located in "Model Space" and inserted as a block or X-Reference into paper space using 0.0 on the x,y coordinate.

All graphic representations of the project or facility and all related notes, dimensions, symbols, etc., shall be constructed in model space.

STANDARD COORDINATE SYSTEM AND DATUM

4.1.1 STANDARD HORIZONTAL COORDINATE SYSTEM AND DATUM
The mapping coordinate system shall be based upon ground measurements.

At least two prominent historical survey control points (section corners, centerline intersections, etc) shall be located on the California Coordinate System of 1983, Zone 5, in US Survey-Feet. The grid coordinates (followed by the word “Grid”) and elevation of these two points shall be labeled on the drawing along with the Datum, Datum Tag, Epoch Date, and Combination Factor. The accuracy of the points shall be +/- 0.1’ at the 95% confidence level. Deviations from this standard must be requested and approved in writing.

4.1.2 STANDARD VERTICAL DATUM
All elevations shall be based upon the elevation datum utilized by the City, currently the North American Vertical Datum of 1988 based upon the Los Angeles County Bench Mark System – Lancaster 2012 Adjustment.

Benchmark(s) shall be physically tied to and their full descriptions noted on the drawing. Deviations from this standard must be requested and approved in writing.

4.2 DRAWING FILES
Template drawing files and symbols shall be utilized. These may include but are not be limited to; typical title sheets, formatted drawing files, drawing symbology and other blocks. When blocks contain attributes, all relevant attribute fields are to be filled out.

4.3 STANDARD SHEET SIZES AND FORMATS
All sheet sizes are to be limited to standard formats. Required sheet size is specific to each project and is under the discretion of the Capital Program Division.

They are as follows:

A Sized Plot 8-1/2" x 11"
B Sized Plot 11" x 17"
Arch D Sized Plot 24" x 36"
The preferred sheet size is ARCH D Sized Plot 24"x 36".

4.4 GRAPHICS
All graphic entities shall be comprised of representational and geometrically accurate entities. e.g. a circle shall be represented by circle entity and NOT a visually equivalent collection of line segments.

07/01/18 Page 10 of 17
Continuous linear elements such as contour lines, or curb lines, shall be constructed with polylines. Items shown in a dashed line type shall be created with the L1NETYPE feature and NOT by individual line elements.

4.4.1 TEXT
Plan view of all projects shall be in uppercase text. Placement of text shall read from left to right and shall not break line work or shapes and shall not interfere with other text or annotations.

4.4.2 SPECIAL ENTITY REQUIREMENTS (BLOCKS)
Common symbols, street signs, equipment, etc., shall be blocks. All created blocks need to have a 0.0 insertion point and created on layer 0. Consultants shall use predefined symbols and blocks when provided by the Capital Program Division.

Entities to be shown as blocks:
• Street Signs/Street Lights/Traffic Signals
• Utility Covers (manholes, valves, vaults, etc.)
• Equipment (package pumps, backflow preventer, etc.)
• Drawing Symbols and Legends

4.4.3 RASTER GRAPHICS
Raster files shall not be used to represent the project geometry. Other drawings shall not be scanned and inserted as raster files. Raster files may be used for the incorporation of existing condition photos or similar applications. Any raster file included in a drawing shall be placed on its own layer and named accordingly.

4.4.4 DESIGN ELEMENT NAMING
Alignments: Alignments shall be named based on the centerline and offset. When all improvements are within the limits of an existing road survey (RS) alignment, most projects, the alignments shall be named based on the RS number, for example RS2310-L-EP, RS2310-RTC. Where centerline alignment provided by the Surveyor includes multiple RS numbers, alignments should be named using simply EXCL, for example EXCL-R-EP, EXCL-L-TC, etc.)
Note that proposed changes to the centerline will either be a new road survey (example RS2310-1) or simply a construction centerline. Check with City Land Surveyor to see if a new road survey is justified, and if so utilize the new RS number in alignments (example RS2310-1-REP). If the new centerline alignment is simply a construction centerline then name it as PRCL and offsets as PRCL-R-EP etc. Note that all proposed centerlines must tie into the existing road survey alignment with station equations at each join point.

Alignment Name Alignment Description
RS12345 Centerline Alignment for Main Street RS 12345 RS12345-L-TC RS 12345 left top of curb
RS12345-R-HP RS 12345 right hinge point
RS12345-L-DWY-44+11 Alignment for Driveway at RS12345 Left @ Sta. 44+11 Alignment abbreviations:

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SC Saw Cut Line
LG Lip of Gutter
FL Flowline
TC Top of Curb
FW Front of Walk
BW Back of Walk
HP Hingepoint
In addition to alignments, section line groups should also follow the 'RS' naming convention.

Surfaces: Surface names should provide sufficient information to discern what the surface represents. Avoid abbreviations that others involved in the project may not be able to fully decipher. Include 'top' or 'datum' at the end of the surface name.

4.4.5 COGO POINT NUMBERING STANDARD
Point numbers are to be generated using the following guidelines:

Points 1-999 Boundary and Control Points
Points 1000-9999 Topography Points
Points 10000-14999 Staking and As-Built Points
Points 15000 and up Design

4.5 DIMENSIONING
All dimensions shown in the project submittals shall be fully associative; the intent is that dimensioning automatically updates when geometry is resized. Dimension definition points should be located with an appropriate Object Snap (End Point, Mid Point, etc.) or otherwise located precisely on the project geometry.

Manual input of dimension text or otherwise overriding the actual dimensions is NOT acceptable.

4.6 FILL AND HATCH PATTERNS
Use of hatch patterns should be limited to avoid unnecessarily large files. See attached preferred hatch styles. All Consultants are responsible for keeping files sizes within reasonable limits.

4.7 LINE WEIGHTS AND PEN ASSIGNMENTS
Drawings should be graphically clear and legible. In general, Consultant shall use COLSTD.ctb pen setting on all drawings, see attached. Although best efforts have been made to develop a simple and easy to use template, the Consultant is responsible for the production and appearance of their hard copy submittals.

5.0 BASE PLAN AND LAYERING
The “Base Plan” should consist of existing right-of-way lines, parcel lines, APN Numbers, etc. that are unlikely to be modified or items that are to remain fixed on a site and will need to appear on multiple sheets. The Base Plan should be constructed in model space and should be EX-REFERENCED into all drawings so that corrections to the Base Plan automatically update on the linked sheets.

07/01/18 Page 12 of 17
The current layer standards in use by the Capital Program Division are a simplified reflection of the National CAD Standards layering convention. Basic layers are included in the template drawing. The goal is to limit excessive use of layers. In order to facilitate the review of, and revisions to drawings, additional layers may be included as needed but should follow the format used in the template.

Only applicable layers are to be used. Blank layers are not to be included in the electronic data deliverables.

If reference files are used, please refer to section 3.6.

Graphic indicators for text and notes, e.g., header line and arrowheads for a note, shall be located on the same layer as the corresponding text.

Graphic representations of related items shall be located on a single layer even when indicated on different drawings, e.g. planter walls could be properly shown on L-WALL or L-PLANTERWALL, not both; C-Valves is the only acceptable layer for indicating a valve cover in all disciplines, Landscaping Plans, Street Lighting Plans, etc.; by the same logic E-STLT is the only acceptable layer for indicating a street light in the civil drawings.

Major group headings shall define the layer's discipline as follows:
• A = Architectural
• C = Civil
• E = Electrical
• F = Fire Protection
• L = Landscape
• M = Mechanical
• P = Plumbing
• Q = Communications
• S = Structural
The organization of layer names by discipline is merely a convenience to aid in finding the appropriate layer and not always required for every project. Use shall be determined based on complexity of the project, whether all drawings will be in one CAD file or separated by discipline, and type of project.

07/01/18 Page 13 of 17

Know what'sbelow.Callbefore you dig.

EXHIBIT 1-B: SCOPE OF SERVICES

INTRODUCTION
On April 1, 2020, the City execu ted a Task Order for Design Se rvices with Kimley-Horn and Associates, Inc. (KHA).

Under this Additional Authoriza tion No. 1, the Consultant (or Sub-Consultant) shall provide additional traffic analysis services for design se rvices for the Lancaster Health District (LHD), formerly Medical Main Street), Project ID# F9131.

A detailed outline of the scope of work by Task is included below.

Milestone tasks and schedule are included in E xhibit 2-B and payment and fees by tasks and sub-tasks table is included in Exhibit 3-B.

PROJECT APPROACH
The project approach to completing a draft traffic impact analysis (or transportation impact study) includes the following considerations:

1. Data Collection – The Consultant shall utilize the av ailable traffic count data from the draft traffic study prepared by Stantec Consulting. Based upon coordination with City staff, the Consultant has included twelve (12) additional intersections as shown in orange in the exhibit below.

2. Vehicle Miles Traveled (VMT) Analysis – The State Office of Planning and Research (OPR) has finalized the revisions to the CEQA Gu idelines in accordance with Senate Bill (SB) 743. Fehr & Peers is currently assisting the City in determining the vehicles miles traveled (VMT) impact thresholds in order to meet the July 1, 2020 implementation deadline. Fehr & Peers will work with the pr oject team to prepare VMT estimates for the Lancaster Health District (LHD) based on th e City’s new guidance for transportation impacts.

3. LOS – Although VMT analysis may be required to determine impacts for the CEQA analysis, a LOS analysis shall be completed to understand the operational effects of LHD on the roadway network. The project team shall use the LOS info rmation to identify physical improvements to the roadway network. Essentially, a hybrid approach would be required for a traffic impact analysis – VM T for CEQA analysis and LOS to provide an understanding of current and future roadway operations.

4. CEQA Support – The Consultant will wo rk closely with the CEQA team to review the traffic section summary and provide traffic study tables and figur es to support the Environmental document preparation.

TASK 1 PROJECT MANAGEMENT AND MEETINGS
The Consultant shall provide general project administration and coordination with the City. The Consultant’s efforts in this task consists of providing progress updates, invoicing, updates to schedules, and general project c oordination. The Consultant sh all have an initial kick-off meeting with the City, CEQA Consultant, and other members of the project team to discuss the project requirements, approach, and strategy. During this meeting, the C onsultant shall identify the data that would be required such as an update d site plan, relevant meeting summaries of any recent meetings with agencies, and any relevant community input received so far.

The Consultant shall prepare for and attend up to two (2) additional meetings or conference calls with the project team. The Consultant shall pr epare for and attend a public meeting to support or present relevant technical information to the Community.

TASK 2 DATA COLLECTION AN D INTERSECTION FORECASTS
The Consultant shall utilize the data available for the 17 study intersections from the previously completed draft traffic impact study. The Consulta nt shall verify and update intersection control, roadway widths, lane configurations, and traffic control for the study intersections and connecting roadways. For the additional 12 st udy intersections, The Consultant shall use traffic count data from other projects. The Consultant shall perfor m a review using satellite imagery to determine intersection control, roadway widt hs, lane configurations, and tra ffic control. This information will be documented in the report and used to calculate current and future intersection operation levels. Fehr and Peers, as a subconsultant to th e Consultant, will provide future year intersection forecasts for analysis purposes.

TASK 3 INTERSECTION ANA LYSIS AND VMT ANALYSIS
The Consultant shall analyze in tersection operations based upon the City’s traffic operations requirements. The analysis will identify the vo lume-to-capacity ratios, level-of-service (LOS) and/or level of delay (in seconds) at each in tersection. Weekday peak hour intersection operations shall be calculated by developing a tr affic operations model for the study area using Synchro software. The analysis shall be based upon Highway Ca pacity Manual (HCM) methodology for the following scenarios:
• Existing Conditions
• Future without Project conditions
• Future with Project conditions

The Consultant shall define the existing inters ection operational characte ristics and analyze the project’s potential traffic impact on the future intersection operations. This will involve defining the project’s trip generation, dir ectional distribution, and trip a ssignments of project generated traffic.

3.1 TRIP GENERATION
The Consultant shall review the trip generation estimates provided in the previous draft traffic study report. Due to the increas ed size of the proposed project, the Consultant shall develop an updated trip generation estimate for the new land uses and increase in size of other land uses.

3.2 TRAFFIC DISTRIBUTION
The Consultant shall review and utilize the trip distribution provided in the previous draft traffic study report.

3.3 TRAFFIC ASSIGNMENT
The Consultant shall review and utilize the tr affic assignment provided in the previous draft traffic study report.

Fehr and Peers, as a subconsultant to the Consultant, shall work with the project team to identify the options for the VMT analysis metrics. The recommended metrics will be based on the amount of growth and type of growth anticipa ted at LHD. A detailed understanding of the project description will be the first step in identifying the appropriate VMT metrics. For example, is the Lancaster Health District Ma ster Plan intended to serve future growth anticipated in the Antelope Valley, or is the development intended to serve a greater percentage of existing residents in the Antelope Valley m eaning that fewer people would need to travel long distances to receive treatment. The team will explore the travel characteristics of the project in detail with the project team to ensure that the VMT analysis and selected VMT metric for project evaluation is appropriate for the uses being proposed. VMT estimates of the project Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1-B, Page 4 of 4

site under baseline conditions and with the proposed growth anticipated in LHD will be provided.

TASK 4 RECOMMEND MITIGATION MEASURES
The Consultant shall work with City staff to identify and define operational improvements for each affected intersection to impr ove the LOS. These recommendations may include physical improvements at the intersection, traffic signal timing, phasing and synchronization improvements, demand management techniques, or others. A fourth intersection analysis scenario will be completed to test the effec tiveness of the recommended improvements. Should a VMT impact be determined, the Consultant shall advise the City on possible mitigation options and determine their effectiveness in mitigating project impacts to reduce VMT.

TASK 5 DOCUMENTATION
A traffic study report shall be prepared that includes the study procedure, methodology, results and conclusions. The report will in clude figures, graphics and refe rences for the traffic study.

All traffic counts, peak hour counts, level of service, VMT calculations, and intersection capacity analysis will be attached as a technical appendix. The Consultant shall provide an electronic copy of a draft report to the City fo r review. Upon receipt of one set of consolidated comments from the City, the Consultant shall submit an electronic copy of a revised draft report.

The Consultant shall provide traffic study narrat ives, VMT calculations, existing counts, future forecasts, tables and figures to the CEQA cons ultant for review and incorporation into the Environmental document. The Consultant sh all provide revisions based upon comments on the draft Environmental Document. The Consultant has assumed up to 10 hours for these revisions.

INTRODUCTION
On April 1, 2020, the City execu ted a Task Order for Design Se rvices with Kimley-Horn and Associates, Inc. (KHA).

On April 9, 2020, the City executed a Revised Task Or der for additional traffic analysis services for design services with Kimley-Horn and Associates, Inc. (KHA).

Under this Additional Authorizatio n No. 2, the Consultant (or Sub- Consultant) shall provide further additional traffic analysis servic es and design services for the Lancaster Health District (LHD), formerly Medical Main Street), Project ID# F9131.

A detailed outline of the scope of work by Task is included below.

Milestone tasks and schedule are included in Exhibit 2-C and payment and fees by tasks and sub- tasks table is included in Exhibit 3-C.

PROJECT APPROACH
The project approach to address Antelope Vall ey Hospital’s (AVH) and the proposed LHD Private Developer’s (PD) input on the LHD planned roadway alignments is to amend the original scope and perform further additional design services to include revised 30% conceptual roadway plans and to perform further traffic analysis services and prepare an addendum to the recently completed draft Final Traffic Operational and Safety Analysis prep ared under Additional Authorization No. 1. The addendum is being prepared to support the LHD Environmental document preparation being prepared through a separate effort by the CEQA team.

The 30% Plans were completed for the updated gr ant application roadway layouts and submitted to the City on June 12, 2020 per the original project schedule. This set of 30% plans included the demolition, roadway, utilities, traffic, and various detail sheets.

Since the 30% submittal the City has been working with AVH and PD to coordinate the various plans and layouts as proposed in the grant application. The City provided comments on the 30% Conceptual Roadway Layout and Traffic plans and the Consultant initiated the 60% plan preparation.

Through various meetings and coordination to address AVH and PD i nput on the LHD planned roadway alignments, the City provided an updated schematic design consistent with the relocation of the hospital to a more central location and that in cludes revised roadways Avenue J-3, Avenue J-5, the intersections with 18th Street West and 15th Street West, and various other revisions to the internal roadways. The City will be processing these changes with Metro as a LACMTA minor scope change in parallel to this additional authorization.

As a result of these changes, the City has directed the Consultant to revise the 30% conceptual roadway plans and resubmit the revised 30% conceptual ro adway plans to allow the City to confirm the conceptual 30% roadway layouts before the 60% plans are developed.

As part of Additional Authorization No. 1, the C onsultant prepared and the City approved the LHD draft Final Traffic Operational an d Safety Analysis on August 6, 2020 . As a result of the changes requested by AVH and PD, the draft Final Traffic Operational and Safety Analysis needs to be updated based on the revised roadway layout and network.

TASK 1 TRAFFIC IMPACT ANALYSIS ADDENDUM
The Consultant shall complete an addendum to the recently completed draft Final Traffic Operational and Safety Analysis including the following considerations:

1. Traffic Operational Safety Analysis – An addendum to the previously completed traffic operational and safety analysis is needed to understand the change in operational effects on the roadway network due to recent changes to the LHD site plan.

2. Vehicle Miles Traveled (VMT) Analysis – It is assumed that the changes to the internal roadway network would not require any changes to the VMT analysis.

1.1 Data Review and Intersection Forecasts
The Consultant shall include one additional study intersection; 15th Street West and Avenue J-5 and perform a review of this inters ection using satellite imagery to determine inters ection control, roadway widths, lane configurations , and traffic control. Existing and future traffic data will be estimated by volume balancing between adjacent study intersections based upon already available data.

1.2 Intersection Analysis
The Consultant shall analyze intersection operations for the nine (9) intersections surrounding the project site based upon the City’s traffic operations requirements. Th e analysis shall be consistent with the recently completed Final Traffic Operational and Safety Analysis. The Consultant shall define the existing intersection operational characteristics and analyze the project’s potential traffic impact on the future intersection operations. This will involve defining the project’s trip generation, directional distribution, and trip assignments of project generated traffic.

1.2.1 Trip Generation
It is assumed that there will be no changes to the trip generation in the Final Traffic Operational and Safety Analysis.

1.2.2 Traffic Distribution
It is assumed that there will be no changes to the external traffic distribution in the Final Traffic Operational and Safety Analysis. However, it is assumed that the traffic distribution on internal project roadways and nine (9) intersections directly adjacent to the site will change as a result of the modified internal roadway network. The Consultant shall review the changes to the internal roadway network and develop a new traffic distribution.

1.2.3 Traffic Assignment
The Consultant shall assign traffic volumes to the study intersections based on the trip generation and traffic distribution.

1.3 Recommended Mitigation Measures
The Consultant shall review whether the changes to the internal roadway configuration would cause any additional study intersections to experience an operational and sa fety impact. If there are any additional operational and safety impacts, the Consultant shall work with City staff to identify and define operational improvements for each affect ed intersection to improve the LOS. These recommendations may include phy sical improvements at the inte rsection, traffic signal timing, phasing and synchronization improvements, demand management techniques, or others. A fourth intersection analysis scenario will be complete d to test the effectiveness of the recommended improvements.

1.4 Documentation
A traffic operational and safety analysis technical memorandum shall be prepared that includes the study procedure, methodology, results and conclusions. All intersection capacity analysis will be attached as a technical appendix. The Consultant shall provide an electronic copy of a draft memo to the City for review. Upon receipt of one se t of consolidated comments from the City, the Consultant shall submit an electronic copy of a revised draft report.

TASK 2 REVISED CONCEPTUAL ROADWAY PLANS (2 ND 30%)
The Consultant shall complete revi sed 30% conceptual roadway plans, to include street and signing and striping plans.

The City, AVH, and PD will be allowed four weeks to review and provide comments.

This additional authorization does not address the other required 30% deliverables; including design surveys, utility and drainage revisions and report ch anges, and/or traffic pl an revisions other than signing and striping plans. Once the addendum is updated and the 30% roadway alignments are confirmed, an additional authorization will be required to address the other changes required to update the 30% deliverables for the utilities and traffic and to complete additional design surveys for the revised alignments.

EXHIBIT 1-D: SCOPE OF SERVICES

INTRODUCTION
On April 1, 2020, the City execu ted a Task Order for Design Se rvices with Kimley-Horn and Associates, Inc. (KHA).

On April 9, 2020, the City executed a Revised Task Order for additional traffic analysis services for design services with KHA.

On October 1, 2020, the City executed a Second Revised Task Order for Additional Authorization to provide further additional traffic analysis and design service for the Lancaster Health District (LHD), formerly Medical Main Street), Project ID#F9131.

As part of Additional Authoriz ation No. 2, the Consultant prep ared and the City approved an addendum to the LHD draft Final Traffic Operational and Safety Analysis on October 14, 2020.

Under this Additional Authorization No. 3, the Consultant (or Sub-C onsultant) shall provide further additional project management, surveys, and design services for the LHD.

A detailed outline of the scope of work by Task is included below.

Milestone tasks and schedule are included in Exhibit 2-D and payment and fees by tasks and sub- tasks table is included in Exhibit 3-D.

PROJECT APPROACH
The project approach to address Antelope Vall ey Hospital’s (AVH) and the proposed LHD Private Developer’s (PD) input on the LHD planned roadway alignments is to amend the original scope and perform further additional project management, surv eys at new roadway interfaces with the existing facilities, and design services to include revised 30% conceptual utility plans including sewer, water system, and storm drainage improveme nt plans; street lighting plans; and traffic signal plans to be based on the revised 30% roadway pl ans, layouts, and striping de tails prepared under Additional Authorization No. 2 based upon AVH and PD comments on the 30% plans as included in Additional Authorization No. 2. The revisions are being prepared to revise the remaining 30% conceptual plans based upon final reviews from AVH and PD.

TASK 1 ADDITONAL PROJECT MANAGEMENT
Additional project management time has been required to address the changes requested by the AVH and the PD. These changes have extended the an ticipated project schedul e by over 6 months and shall require additional management effort to conduct additional meetings, progress reports, status updates and overall coordination of the team and deliverables.

TASK 2 ADDITONAL DESIGN SURVEYS
Additional detailed design survey s are required to cover the addi tional areas now impacted by the revised 30% roadway plans. This will require additional intersec tions and roadway conform areas that need to be surveyed to complete the final design of these areas.

The Consultant shall complete additional design surveys for the new areas based upon the approved revised 30% Roadway plans.

TASK 3 REVISED ADDITIONAL CONCEPTUAL PLANS (2 ND 30%)
The Consultant shall complete revised additiona l 30% conceptual plans based upon the approved revised 30% Roadway plans from Additional Authorization #2.

This task will include updating the 30% conceptual plans including sewer, storm drain, water, street lighting, traffic signal, and mis cellaneous utility plans based on the approved updated 30% roadway plans. This includes updates to the studies and reports required for the Sewer Area Study and the Drainage Study.

The following plan sheets are anticipated to be included in the design:
a. Sewer Improvement Plans - The Consultant will update the sewer improvement plans prepared for the original 30% submittal. Updates to th e sewer improvement plans will be based on the updated sewer area study and anticipated developments for the project. The Consultant assumes revising or preparing up to 25 sewer improvement sheets as a result of the street realignments. Required updates will include horizontal realignment of sewer lines and manholes, utility sections, sheet cu ts and street labels. Indivi dual sewer servic e laterals are assumed to be addressed by the future developments.

The Consultant will update the Sewer Area Stu dy per the proposed street alignment changes approved by the City.
b. Storm Drainage Improvement Plans - The Consultant will update the storm drain improvement plans prepared for the original 30% submittal. Updates to the storm drain improvement plans will be based on the updated drainage study and hydrology/hydraulic analysis for the project.

The Consultant assumes revising or preparin g up to 25 sheets as a result of the street realignments. Updates are limited to sheet cuts, street labels, and utility sections. Any storm drain design for streets not included in the Master Plan of Drainage would be an additional service. Stormwater treatment or Low Impact Development is assumed to not be required for the project. Any required on-site or private detention or treatment would be addressed by future developments.

The Consultant will update the drainage st udy for the project pe r the proposed street realignment changes approved by the City. Th e proposed street realignments impact the Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1-D, Page 3 of 3

tributary areas determined in the original study. Post development conditions will be updated following the City and County methodology. Stor m Drain lines are currently only proposed in existing streets J-8, 15th Street W, and 13th Street W per the Master Plan for Drainage. The updated study will reassess overall project imp acts to individual storm drain segments or structure upgrades for the entire funded area of the project as a part of the hydrology/hydraulic calculations.
c. Water System Improvement Plans - The Consultant will update the water system improvement plans prepared for the original 30% submittal. The updated water system improvement plans will be based on the proposed street realignmen ts and in coordinati on with other proposed utility improvements or updates for the project. Minor adjustments or relocation to the existing water mainline and services facilities will also be reassessed as a result of the proposed street realignments. The Consultant assumes revi sing or preparing up to 25 sheets as a result of the street realignments. Required updates will include horizontal re alignment of existing and proposed water lines, utility sections, sheet cuts and street labels. Individual water service laterals, meters, and backflow preventers, etc. are assumed to be addressed by the future developments.
d. LS-3 Rate Schedule Electrical and Street Ligh ting Plans - The Consultant will prepare a revised 30% submittal of street lighting plans. A maximum of 6 sheets will be prepared to account for changes.
e. Electrical and Pedestrian Signal Improvement Pl ans - The Consultant will prepare a revised 30% submittal of traffic signal plans. Four sheets will be provided with one sheet for each of the following intersections:

 20th Street and Home Depot Southerly Street
 18th Street and Avenue J
 18th Street and Avenue J-8
 15th Street and Avenue J-5

f. Miscellaneous Utility Plans - The Consulta nt will update the miscellaneous utility improvement plans prepared for the original 30% submittal. The Consultant assumes revising or preparing up to 25 sheets as a result of the street and utility realignments. Updates will include review of changes in utility conflicts as a result of utility and street realignments, utility sections updates, sheet cuts and labeling change s. We will also prepare an updated utility verification or potholing exhibit for the project.

EXHIBIT 1-E: SCOPE OF SERVICES

INTRODUCTION
On April 1, 2020, the City execu ted a Task Order for Design Se rvices with Kimley-Horn and Associates, Inc. (KHA).

On April 9, 2020, the City executed a Revised Task Order for Additional Authorization for additional traffic analysis services for design services with KHA.

On October 1, 2020, the City executed a Second Revised Task Order for Additional Authorization to provide further additional traffic analysis and design services.

On December 14, 2020, the City executed a Third Revised Task Order for Additional Authorization to provide further additional project management, surveys, and design services.

Under this Additional Authorization No. 4, the Consultant (or Sub-C onsultant) shall provide further additional project management, design services, and mapping and surveying services.

A detailed outline of the scope of work by Task is included below.

Milestone tasks and schedule are included in Exhibit 2-E and payment and fees by tasks and sub-tasks table is included in Exhibit 3-E.

PROJECT APPROACH
The 60% LHD deliverable was submitted to the City on February 5 th, 2021 and included plans,
estimate, response to comments, and overall exhibits for civil improvements and utilities. After 60% submittal, the City requested additional improvements be coordinated with Antelope Valley Hospital (AVH) and the preparation of strip maps showing striping for perimeter streets in a single file for ease of review. The City and KHA also discussed th e required design vehicle for all corridors based upon AVH inputand adjustments to design due to the dete rmination that the LHD will have an impact on the design for PWCP 21-014, Pedestrian Gap Cl osure Improvements (Ped Gap) project for overlapping improvements along Avenue J-8.

In February 2021, the City also identified addi tional improvements for LHD based on coordination with AVH and impacts to existing AVH parking lots for the Women and Infants Pavilion and Outpatient Imaging Center. The impacts to the AVH parking lots are due to the revised Avenue J-5 alignment included in the 30% resubmittal based on the new roadway alignments as presented by the City. The overlap of the new Avenue J-5 alig nment with the Women a nd Infants Pavilion and Outpatient Imaging Center parking lots requires adjustments to existing surface utilities, parking lot Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1-E, Page 2 of 3
access, landscape and irrigation, lighting, drainage, and parking lot grading. This required additio nal scope to include record drawings research and additional design surveys.

In April 2021, the 90% plans an d estimates were in development and the City provided feedback on the 60% deliverables. In the feedback, the Ci ty requested strip maps for the Avenue J, 20 th Street West, and 15 th Street West corridors to conduct a compre hensive review of proposed striping. The City requested that the 15th Street West corridor include ultimate curb lines and striping with addition of bike lanes. The strip maps for these three corridors were completed and submitted to City on May 13, 2021 and the City responded with comments for KHA to incorporate into 90% plans anticipated later that month. During this pro cess, KHA also coordinated with the City to determine which corridors and roundabouts would accommodate WB-67 tr ucks, as provided by AVH. On July 28, 2021, the City indicated that 18th Street West and Avenue J-5 would both accommodate WB-67 trucks.

In the same week, the City and AVH c onfirmed that all three roundabouts on 18 th Street West and Avenue J-5 would be design ed to accommodate WB-67 trucks. This determination required re- design of the “Home Depot Southerly Street,” 18th Street West, Avenue J-5 corridors, truck circulation for Home Depot an d Learn4L ife parcels, and the 1 8th Street and “Home Depot Southerly Street” roundabout which was previously designed to the WB-40 design vehicle. This scope increase includes development of strip maps and re-design for determined design vehicle.

In July 2021, the City requested that KHA revis it the Ped Gap project design on Avenue J-8 (15th Street West to 12th Street West) to ensure that curb lines would accommodate emergency vehicles and that the City’s sight line requirements would be met. On July 20 th, 2021, KHA provided exhibits to City showing revised crosswalks and curb lines at Avenue J-8 and 15th Street West, Avenue J-8 and 13th Street West, and Avenue J-8 and 12 th Street West street intersections. On August 4th, 2021, the City provided comments and KHA incorporated th e final designs into both the LHD an d Ped Gap Project plans. This sco pe increase included rev isions to the Ped Gap project design elements that overlapped with LHD on Avenue J-8.

The following scope of was developed to complete the summarized changes and update the plans, reports and estimates to reflect th ese changes in the 90% plan and estimate submittal for LHD and provide input to the Ped Gap project to update those plans as part of that final design effort.

TASK 1 ADDITIONAL AVH SCOPE: RESEARCH
The Consultant shall obtain and review as-builts and utility r ecord drawings for AVH Women and Infants Pavilion and Outpatient Imaging Parking Lots and incorporate relevant record data into base mapping.

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1-E, Page 3 of 3
TASK 2 ADDITIONAL AVH SCOPE: DESIGN SURVEYS
The Consultant shall perform additional design surveys to obtain existing elevations for areas adjacent to the new Avenue J-5 alignm ent at existing AVH Women and Infants Pavilion and Outpatient Imaging Parking Lots.

TASK 3 AVENUE J, 20TH STREET WEST, AND 15TH STREET WEST STRIP MAPS The Consultant shall develop ultimate striping and strip maps for Avenue J, 20th Street West, and 15th Street West corridors. The Consultant shall coor dinate with City on revisions for Avenue J, 20 th Street West, and 15th Street West corridors.

TASK 4 REVISED PLANS FO R ROADWAY TRUCK CIRCULATION
The Consultant shall perform additional desi gn on 90% plans to accommodate WB-67 truck circulation including revisions to Avenue J-5, 18 th Street West, and re lated roundabouts (RAB) including:
a. Re-design 18 th Street West and “Home Depot Southerl y Street” sections to include wider traveled ways to accommodate truck turning paths.
b. Re-design 18th Street West and “Home Depot Southerly Street” RABs to accommodate WB-67 trucks.
c. Re-design “Home Depot Southerly Street” to align with RAB at 18th Street West and “Home Depot Southerly Street.”
d. Re-design curb returns at Avenue J-8 and 18th Street West, Avenue J and 18th Street West, and Avenue J-5 and 15th Street West to accommodate WB-67 trucks.

TASK 5 TRUCK CIRCULATION EXHIBITS
The Consultant shall develop exhi bits to show concepts for truc k circulation at Home Depot and Learn4Life parcels and to show Ped Gap project revisions to locations along Avenue J-8.

TASK 6 PWCP 21-014 PEDESTRIAN GA P CLOSURE IMPROVEMENT PROJECT

REVISIONS
The Consultant shall re-design Ped Gap project improvements on Avenue J-8 (15th Street West to 12th Street West) to ensure curb returns can accommodate aerial fire trucks and confirm City’s sight line requirements are met.

EXHIBIT 1-F: SCOPE OF SERVICES

INTRODUCTION
On April 1, 2020, the City execu ted a Task Order for Design Se rvices with Kimley-Horn and Associates, Inc. (KHA).

On April 9, 2020, the City executed a Revised Task Order for Additional Authorization for additional traffic analysis services for design services with KHA.

On October 1, 2020, the City executed a Second Revised Task Order for Additional Authorization to provide further additional traffic analysis and design services.

On December 14, 2020, the City executed a Third Re vised Task Order for Additional Authorization to provide further additional project management, surveys, and design services.

On November 29, 2021, the City executed a Fourth Revised Task Order for Additional Authorization to provide further additional project management, surveys, and design services.

Under this Additional Authorizatio n No. 5, the Consultant (or Sub- Consultant) shall provide further additional project management, design services, mapping and surveying services, and right-of-way engineering services.

A detailed outline of the scope of work by Task is included below.

Milestone tasks and schedule are included in Exhibit 2-F and payment and fees by tasks and sub-tasks table is included in Exhibit 3-F.

PROJECT APPROACH
The 60% LHD deliverables were submitted to the City on February 5 th, 2021 and included plans,
estimate, response to comments, and overall exhibits for civil improvements and utilities. After 60% submittal, the City requested additional improvements be coordinated with Antelope Valley Hospital (AVH). Adjustments to design plans in the form of change order plans due to the determination that the LHD will have an impact on the design for overlapping improvements for PWCP 21-012, SR- 138(SR-14)/ Avenue J Interchange Improvements Avenue J, between 15th Street West and 25th Street West (Phase 1 – Local Streets) and corresponding updates in the 90% submittal.

The following scope of was developed to address the scope of changes below:

TASK 1 ADDITIONAL PROJECT ADMINISTRATION AND MANAGEMENT The original project schedule spanned for 13 mont hs from March 2020 to April 2021. The original scope was amended four times and as a result, th e schedule is now extended to December 2022. In Amendment #3, the schedule extended by 8 mont hs to December 2021. The Consultant is now requesting additional extended project management time to account for the schedule extension of 12 additional months to December 2022. The original scope also budgeted for eight monthly progress meetings. Over the project duration, the Consultant coordinated with City through weekly meetings starting in April 2020. This addi tional scope of services also in cludes approximately 2 hours per week for these meetings and future weekly mee tings through the end of the current schedule in December 2022.

The Consultant shall perform project management, scheduling, quality control, and quality assurance tasks necessary to maintain the project schedule, budget, and deliverables to the City for the extended schedule duration of 12 months at 4 hours per mont h. This shall include w eekly progress meetings with City PM to review progress and obtain direction for an additional 20 months at 8 hours per month.

TASK 2 BOUNDARY SURVEY RESOLUTION
The Consultant shall coordinate with the City a nd Vertex Survey Inc. to develop and resolve the existing Boundary sufficient to allow for required right-of-way (R/W) to be identified and described in Plat and Legal Documents and to complete a Record of Survey for the required adjustments to the existing parcel boundaries as required by the Land Survey Act.

TASK 3 RIGHT-OF-WAY SUPPORT
The original scope of services for Right-of-Way (ROW) activities, assumed a scenario that included preparation of Plat and Legal documents for the various parcels based upon the previous exhibits that were part of the Grant Application with LACMTA. Since the approval of the original Grant Application and updates to the Master Plan and Environmental Document, the ROW scenario has continued to develop and unfold. Based on the upda ted information and the need to resolve existing boundary beyond the original assumption of street centerlines, a revised approach was required. The 90% ROW Requirements Map identified access and parking lot impacts to 13 parcels included in the Additional Scope of Services below. Desi gn exhibits showing proposed solutions with accompanying estimates for each parcel were required to allow property owners to review and provide input on during the ROW process to determine whether the cost of the improvements will be included in the project construction cost, or if the apprai sed value will be paid to the property owners to complete the work themselves.

The Consultant shall perform management of overall ROW process a nd perform activities including ROW engineering, analysis, and determination of initial value estimates and dedications, identification and coordination of temporary Right s of Entries (ROEs), negotiations with property Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1-F, Page 3 of 6

owners, and escrow/title clearance. This is including, but not limited to: preliminary title reports (initially assumed 10 reports, 6 additional reports, current assumed total 16 reports), fee appraisal (initially assumed 10 parcels/re port), property acquisition/negot iations (initially assumed 10 parcels/report), escrow coordina tion (initially assumed 10 parcels/re port), and dedications (initially assumed 3 parcels/report). There are a total of 12 parcels identified as needing a Dedication made up of 3 total ownerships. Dedications have been combined for same ownership into 3 and the scope and budget assume that all parcels with the sa me ownership can be handled as a single negotiation/event. If this assumption proves otherw ise, additional budget will be needed to complete the work associated with each dedication requirem ent. Scope of work for dedications includes the following: 1) Preparation and appr oval by City of Dedication Lett er (DL) and Easement Deed; 2) Contact and deliver DL/Easement Deed to Owner; 3). Discussions and coordination with Owner; and 4) Record Deed.

The Consultant shall develop access and parking lot solutions and provide design exhibits and estimates to the R/W acquisition team to mitigate property impacts on the parcels listed below to support the appraisal process:

Four parcels west of 15th Street West

1. HD Development of Maryland Inc. (APN 3123-004-045)

2. K&M Commercial LLC (APN 3123-004-046)

3. Crowne Point Equity LLC (APN 3123-004-047)

4. Palmdale Grand Plaza LLC (APN 3123-004-048)
Six parcels east of 15th Street West

5. Tane LLC (APN 3123-003-099)

6. Fourr James Owen James Fourr Trust (APN 3123-003-100)

7. Nobility Real Estate Investments (APN 3123-003-094)

8. LRE Center Point LCC (APN 3123-003-101)

9. Lopiccolo Phillip Co TR Hayes T (APN 3123-003-102)
Three AVH parcels

10. Antelope Valley Hospital District (APN 3123-001-921)

11. Antelope Valley Hospital District (APN 3123-004-909)

12. Antelope Valley Hospital District (APN 3123-004-907) Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 1-F, Page 4 of 6

TASK 4 ADDITIONAL AVH SCOPE: ENGINEERING PLANS, SPECIFICATIONS,

AND ESTIMATES
In February 2021, the City also identified additional improvements for LHD based on coordination with AVH and impacts to existing AVH parking lots for the Women and Infants Pavilion and Outpatient Imaging Center. The planned improvements for AVH include driveways along 18th Street West and Avenue J-5 that require coordination with LHD design. The impacts to the AVH parking lots are due to the revised Avenue J-5 alignmen t included in the 30% resubmittal based on the new roadway alignments as presented by the City. The overlap of the new Avenue J-5 alignment with the Women and Infants Pavilion and Outpatient Imaging Center parking lots requires adjustments to existing surface utilities, parking lot access, parking lot grading, drainage, lighting, and landscape and irrigation. This required additional scope to in clude improvements for AVH parking lots, design for AVH driveways, and coordination for AVH driveways. Ultimately, this ch ange also required additional boundary surveys to resolve existing boundary within the project site.

The Consultant shall prepare the following revi sed additional 90% and 100% plans, update related studies, and cost estimates including:
a. Demolition Sheets – To include required demo lition plans and associated demolition notes (4sheets).
b. Civil Plan and Profile Sheets – To include AVH connections and AVH parking lot grading (4 sheets):
c. Storm Drainage Improvement Plans - Update drainage facilities to include proposed drainage facilities to handle surface flow from AVH site and adjacent parking lots. Include plan and profile (3 sheets).
d. Private Water System Improvement Plans – U pdate to include private fire system and coordinate Fire Department plan check, including to relocate fire hydrants and surface utilities impacted by new Avenue J-5 alignment (3 sheets).
e. Private Electrical and Street Lighting Plans – Upda te electrical plans to include relocation of existing AVH lighting impacted by new Avenue J-5 alignment (1 sheet). f. Private Landscaping and Irrigation Improvement Pl ans – Update landscaping plans to adjust, relocate, and/or salvage impacted landscaping. Update irrigation plans to include point of connections and proposed irrigation along Avenue J-5 (3 sheets). g. Cost Estimate - Update quantities and cost estimates for additional demolition, civil, drainage, water, electrical, landscaping, and irrigation costs.

TASK 5 ADDITIONAL SCOPE RELATED TO AVE J LOCAL PHASE 1 CHANGE ORDER: ENGINEERING PLANS AND ESTIMATES
On March 16th, 2021, the City requested change order plans for overlapping improvements for PWCP 21-012 to include improvements from the LHD Projec t. The change order plans included roadway, signing and striping, sewer, drainage, landscaping, and electri cal improvements on Avenue J (20th Street West to 15th Street West) and 20th Street West (Avenue J to Avenue J-8), which are overlapping corridors between the LHD and PWCP 21-012. PWCP 21-012 was in construction and LHD had just completed the 60% milestone the month prior. Du ring development of LHD 60% Plans, the City’s intent was to install ultimate pavement and striping on Avenue J (20th Street West to 15th Street West) with the LHD project. The change order revised this a pproach and incorporated ultimate pavement and striping on Avenue J (20th Street West to 15th Street West) into PWCP 21-012, along with sewer, drainage, and electrical improveme nts that were originally include d with LHD. Modifications to proposed medians on Avenue J to accommodate input from AVH were also incorporated into PWCP 21-012. This scope increase include d the development of the change order plans for PWCP 21-012 during construction and updates to the drainage and sewer reports that were previously prepared and reviewed by the City.

The Consultant shall prepare the following related to revised additional 90% and 100% plans, updated related studies, studies, and cost estimates including:
a. Project Management - Meetings held to di scuss proposed change order improvements and ensure the improvements align with ultimate LHD improvements. b. Street Improvement Plans - Revised channelization on Avenue J (20th Street West to 15th Street West) per the City updated concept plans. Revised pavement section on Avenue J (20th Street West to 15th Street West) to omit the use of pavement fabric. Coordinated with the City on ADA improvement locations on Avenue J (20th Street West to 15th Street West). c. Signing and Striping Plans - Updated signing a nd striping to align with change order channelization.
d. Sewer Improvement Plans - Coordinated with the City and AVH on propos ed sewer lines on Avenue J (20th Street West to 15th Street West). Developed sewer improvements on Avenue J, updated sewer study, and provided sewer change order plans. e. Storm Drainage Improvement Plans - Develop drainage improvements on Avenue J, update drainage study, and provide drainage change order plans. f. Electrical and Pedestrian Signal Improvement Plans - Coordinated with the City on installation of conduits and pole foundations on Avenue J and 20 th Street West corridors. Provided markups of proposed conduits crossing Avenue J and 20th Street West corridors to the City for coordination with the Contractor on Avenue J construction contract. g. Landscape and Irrigation Improvement Plans - Update landscaping to align with change order channelization and median revisions.

TASK 6 ADDITIONAL GEOTECHNICAL (PAVEMENT) INVESTIGATIONS In June 2021, the Consultant reviewed the pavement investigations report (PEI, June 2020) provided by the City and determined that the report did not include materials recommendations, pavement failure digout locations, pave ment specifications, cost be nefit analysis, and pavement recommendations to meet City requirements. The C ity agreed that the Consultant would coordinate with PEI and contract with them to obtain the information needed for pavement overlay strategies on Avenue J-8 and 15th Street West. This scope increase includes new effort from PEI for additional pavement investigations.

The Consultant coordinated with City and PEI to obtain additional pavement data to determine pavement overlay section on Avenue J-8 and 15th Street West.

EXHIBIT “2”

SCHEDULE

A. Task Order 6 – Schedule

B. Revised Task Order 6 – Schedule

C. Second Revised Task Order 6 – Schedule

D. Third Revised Task Order 6 – Schedule

E. Forth Third Revised Task Order 6 – Schedule

F. Fifth Revised Task Order 6 – Schedule

Service Group Category 1
Prepare Plans, Specifications and Estimates (PS&E)
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 2, Page 1 of 1
EXHIBIT 2-A: SCHEDULE
Milestone tasks and tentative schedule based on funding agreement dates are included in Tables

3.1. The schedule is a critical timeline that must be adhered to due to deadline constraints required by LACMTA, therefore, all the following tasks must be completed on or before the due dates listed.

In order to preserve grant funding, time is of the essence. Immediately following selection, the selected Consultant will be notified with a Notice of Intent to Award. Task Order and Purchase Order will be processed and executed as soon as possible following selection, and shall be in place prior to Notice to Proceed.

Milestone
Schedule
Completed By
Design Award (Council) 03/24/2020
Design Notice to Proceed 03/30/2020
Preliminary Engineering (Survey/30% Plans) 06/12/2020
Environmental Documentation Approval 09/20/2020
Design (60% Plans) 07/31/2020
Right-of-Way Acquisition/Certification 03/20/2021
Design (90% PS&E) 10/16/2020
Design (100% PS&E) 12/04/2020
Advertise 04/27/2021
City
review periods, as noted in Exhibit 1, are included in this schedule; no additional time will be awarded for allowable time with City.

With submittal of a Proposal, the Consu ltant acknowledges understanding and awareness of the proposed schedule. No price adjustments will be permitted for acceleration.

EXHIBIT 2-B: SCHEDULE
Milestone tasks and tentative schedule based on funding agreement dates are included in Exhibit 2-A and 2-B. The schedule is a critical time line that must be adhered to due to deadline constraints required by LACMTA, therefore, all the following tasks must be completed on or before the due dates listed.

In order to preserve grant funding, time is of the essence. Immediately following selection, the selected Consultant will be notified with a Notice of Intent to Award. Task Order and Purchase Order will be proce ssed and executed as soon as po ssible following selection, and shall be in place prior to Notice to Proceed.

Milestone
Schedule
Completed By
Notice to Proceed 04 /09/2020
Existing Conditions Operations Model 1 week from NTP
Review trip generation, Intersection Forecasts 2 weeks from NTP VMT Metrics and Analysis 5 weeks from NTP
Intersection Analysis 5 weeks from NTP
Draft Report 6 weeks from NTP

City review periods, as noted in Exhibit 1-B, are included in this sche dule; no additional time will be awarded for allowable time with City.

With submittal of a Proposal, the Consu ltant acknowledges understanding and awareness of the proposed schedule. No price adjustments will be permitted for acceleration.

EXHIBIT 2-C: SCHEDULE
Milestone tasks and tentative schedule based on funding agreement dates are included in Exhibit 2-A, 2-B, and 2-C. The schedule is a critical timeline that must be adhered to due to deadline constraints required by LACMTA, therefore, all the following tasks must be completed on or before the due dates listed.

In order to preserve grant funding, time is of the essence. Immediately following selection, the selected Consultant will be notified with a Notice of Intent to A ward. Task Order and Purchase Order will be proce ssed and executed as soon as po ssible following selection, and shall be in place prior to Notice to Proceed.

Milestone
Schedule
Completed By
Notice to Proceed 10/02/2020
Review trip generation, Intersection Forecasts 10/09/2020 Draft Traffic Impact Analysis Addendum 10/16/2020
Revised Conceptual Roadway Plans (2nd 30%) 11/13/2020
Design (60% Plans) 1/22/2021
Design (90% PS&E) 04/16/2021
Environmental Documentation Approval 04/27/2021
Design (100% PS&E) 06/18/2021
Right-of-Way Acquisition/Certification 10/27/2021
Advertise 12/04/2021

City review periods, as noted in Exhibit 1-A, 1- B, and 1-C, are included in this schedule; no additional time will be awarded for allowable time with City.

With submittal of a Proposal, the Consu ltant acknowledges understanding and awareness of the proposed schedule. No price adjustments will be permitted for acceleration.

EXHIBIT 2-D: SCHEDULE
No change authorized with Additional Authorization No. 3.

EXHIBIT 2-E: SCHEDULE
Milestone tasks and tentative schedule based on funding agreement dates are included in Exhibit 2-A, 2-B, 2-C, and 2-D. The schedule is a critical timeline that must be adhered to due to deadline constraints required by LACMTA, therefore, all the following tasks must be completed on or before the due dates listed.

In order to preserve grant funding, time is of the essence. Immediately following selection, the selected Consultant will be notified with a Notice of Intent to Award. Task Order and Purchase Order will be proce ssed and executed as soon as po ssible following selection, and shall be in place prior to Notice to Proceed.

Milestone
Schedule
Completed By
Notice to Proceed 12/01/2021
Design (100% PS&E) 04/15/2022
Right-of-Way Acquisition/Certification 08/01/2022
Advertise 09/04/2022

City review periods, as noted in Exhibit 1-A, 1-B, 1-C, and 1-D, are included in this schedule; no additional time will be awarded for allowable time with City.

With submittal of a Proposal, the Consu ltant acknowledges understanding and awareness of the proposed schedule. No price adjustments will be permitted for acceleration.

EXHIBIT 2-F: SCHEDULE
Milestone tasks and tentative schedule based on funding agreement dates are included in Exhibit 2-A, 2-B, 2-C, 2-E, and 2-F. The schedule is a critical timeline that must be adhered to due to deadline constraints required by LACMTA, therefore, all the following tasks must be completed on or before the due dates listed.

In order to preserve grant funding, time is of the essence. Immediately following selection, the selected Consultant will be notified with a Notice of Intent to Award . Task Order and Purchase Order will be processed and executed as soon as possible following selection, and shall be in place prior to Notice to Proceed.

Milestone
Schedule
Completed By
Notice to Proceed 03/24/2022
Design (100% PS&E) 07/15/2022
Right-of-Way Acquisition/Certification 11/30/2022
Advertise 12/01/2022

City review periods, as noted in Exhibit 1- A, 1 -B, 1-C, 1-D, and 1- E, are included in this schedule; no additional time will be awarded for allowable time with City.

With submittal of a Proposal, the Consultant acknowledges understanding and awareness of the proposed schedule. No price adjustments will be permitted for acceleration.

E
XHIBIT “3”

FEE SCHEDULE
T
he Consultant shall maintain separate costs and shall identify the specific costs. The costs under this task order shall include:

A. T
ask Order 6 – Payment and Fees
B. R
evised Task Order 6 – Payment and Fees
C. S
econd Revised Task Order 6 – Payment and Fees
D. T
hird Revised Task Order 6 – Payment and Fees
E. F
orth Third Revised Task Order 6 – Payment and Fees
F. F
ifth Third Revised Task Order 6 – Payment and Fees
Original Authorization : $2,169,389.00
Previous Addt’l Authorizations: $426,126.00
Authorization No. 5: $438,172.00
Total Not To Exceed: $3,033,687.00
Service Group Category 1
Prepare Plans, Specifications and Estimates
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 3, Page 1 of 2
TASK
NO. DESCRIPTION PRICE

1. PROJECT ADMINISTARTION AND MANAGEMENT $126,995.00

1.1 Work Plan

1.2 Meetings

1.2.1 Kick-off Meeting

1.2.2 Progress Meetings

1.2.3 Additional Meetings

1.3 Project Management

1.4 Quality Assurance & Quality Control

1.5 Permits

2. RESEARCH $30
,093.00

2.1 Utilities

2.2 Survey Records

2.3 Mapping and Right-of-way (ROW)

2.4 Incidental Research

3. DESIGN ENGINEERING AND SURVEYS $261,772.00

3.1 Desi gn Surveys

3.2 Geotechnical

3.3 Potholin
g

3.4 Geometric La yout

4. SCOPING OF IMPROVEMENTS $34 ,894.00

5. ENGINEERING PLANS, SPECIFICATIONS, AND ESTIMATES $1,464,891.00

5.1 En gineering Plans

5.1.1 Conceptual Plans (30%)

5.1.2 Preliminary Plans (60%)

5.1.3 Final Plans (90%)

5.1.4 Final Plans (100%) Signed for Bid

5.2 Specifications

5.3 Cost Estimate

5.4 Submittal Requirements
EXHIBIT 3-A: PAYMENT AND FEES*
1 Service Group Category 1
Prepare Plans, Specifications and Estimates
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 3, Page 2 of 2
TASK
NO. DESCRIPTION PRICE
EXHIBIT 3-A: PAYMENT AND FEES*

6. RIGHT-OF-WAY (ROW) CERTIFICATION $240,723.00

6.1 Pro ject Management

6.2 Prepare Right of Way Engineering Documents

6.3 Preliminary Title Report and Investigations

6.4 Minimum Value Estimate (MVE)

6.5 Negotiations with Property Owner(s)

6.6 Escrow/Title Clearance

6.7 Obtain Dedication

7. DELIVERABLES $10,021.00

7.1 Project Administration and Management

7.2 Research

7.3 Design Engineering and Surveys

7.4 Scoping of Improvements

7.5 Engineering Plans, Specifications, and Estimates

7.6 Right-of-Way Acquisition
$2,169,389.00

TOTAL COST AMOUNT WRITTEN IN WORDS
Two million, one hundred and sixty-nine thousand, three hundred and eighty-nine dollars * In support of Exhibit 3, Consultant shall provide two fee grids (in table format), with an itemized breakdown by:
a. Hou
rs** and Personnel
b. R
ate and Personnel
** Hours are for progress tracking purposes only. This is a lump sum not to exceed contract to provide services as described in Exhibit 1, complete. Additional hours and associated costs will only be considered for change in scope and must be authorized in writing prior to expenditure.

TOTAL COST*

TIME AND MATERIALS NOT TO EXCEED
2 Lancaster Health District
Vertex Fehr & Peers Taft OPC EMI
Anticipated Level of Effort Staff/Task
ProjectManager-BobBlume
SeniorEngineer (ProfessionalII)
ProjectEngineer(ProfessionalI)
RoadwayProjectEngineer(EugeneHuang)
Analyst
AdminSupport
TrafficManager(Sri)
QC(Sowmya)
TrafficProjectEngineer(Roxanabelle)
TrafficDesignEngineer(Andi/Angelo)
UtilityManager(RyanChapman)
SeniorCivil/QC(MichaelChoi/RichLocera)
UtilityProjectEngineer(MattS/JoeS)
DrainageDesigner(LupitaAstoria)
UtilityDesigners(KacyWong/RyanLim)
LandscapeManager(RandallKoepf)
LandscapeDesigner
KHAHoursTotal
KHALaborTotals
KHAExpenseTotals
Surveys*
TrafficForecasting*
Potholing*
RightofWayAcquisition*
Geotechinical*
TotalBudget
Billing Rates320$ 220$ 185$ 155$ 130$ 95$ 225$ 210$ 155$ 130$ $185 $250 $155 $135 $130 200$ 145$TASK 1: Project Management & Coordination 66 58 100 40 0 30 14 40 14 0 92 64 32 0 0 24 24 598 121,410$ 5,585$ -$ -$ -$ -$ -$ 126,995$

1.1 Work Plan 2 6 8 0 0 2 18 3,630$ 167$ -$ -$ -$ -$ -$ 3,797$

1.2 Meetings 28 12 40 40 0 8 14 0 14 0 48 24 24 0 0 24 24 300 58,160$ 2,675$ -$ -$ -$ -$ -$ 60,835$ Kick-Off Meeting 4 4 8 8 0 2 4 4 4 4 4 4 50 9,710$ 447$ -$ -$ -$ -$ -$ 10,157$ Progress Meetings (8 monthly meetings) 16 0 24 24 0 4 10 10 20 20 10 10 148 29,610$ 1,362$ -$ -$ -$ -$ -$ 30,972$ Additional Meetings (after submittals 30, 60, 90) 8 8 8 8 0 2 0 0 0 0 24 0 24 0 0 10 10 102 18,840$ 867$ -$ -$ -$ -$ -$ 19,707$

1.3 Project Management (12 months) 24 0 24 0 0 18 0 66 13,830$ 636$ -$ -$ -$ -$ -$ 14,466$

1.4 Quality Assurance & Quality Control 8 40 20 0 0 2 40 40 40 190 41,050$ 1,888$ -$ -$ -$ -$ -$ 42,938$

1.5 Permits 4 0 8 0 0 0 4 0 8 0 0 24 4,740$ 218$ -$ -$ -$ -$ -$ 4,958$ TASK 2: Research 16 4 28 16 40 10 0 0 0 0 20 4 24 4 0 166 28,770$ 1,323$ -$ -$ -$ -$ -$ 30,093$

2.1 Utilities (A, B C) 4 0 8 16 40 4 4 8 0 84 12,800$ 589$ -$ -$ -$ -$ -$ 13,389$

2.2 Survey Records 2 0 4 0 0 2 16 4 16 4 48 8,550$ 393$ -$ -$ -$ -$ -$ 8,943$

2.3 Mapping and Right-of Way (ROW) 2 4 4 0 0 2 12 2,450$ 113$ -$ -$ -$ -$ -$ 2,563$

2.4 Incidental Research 8 0 12 0 0 2 22 4,970$ 229$ -$ -$ -$ -$ -$ 5,199$ TASK 3: Design Engineering and Surveys 14 4 56 96 72 8 5 5 20 20 15 4 15 10 20 364 58,645$ 2,698$ 97,460$ 8,767$ 35,000$ -$ 59,202$ 261,772$

3.1 Design Surveys 4 0 16 40 8 2 5 5 10 10 100 16,020$ 737$ 97,460$ -$ -$ -$ -$ 114,217$

3.2 Geotechnical 2 4 4 0 0 2 12 2,450$ 113$ -$ -$ -$ -$ 59,202$ 61,765$

3.3 Potholing (10) 2 0 8 16 0 2 10 4 10 10 62 10,490$ 483$ -$ -$ 35,000$ -$ -$ 45,973$

3.4 Geometric Layout 6 0 28 40 64 2 5 5 20 20 190 29,685$ 1,366$ -$ 8,767$ -$ -$ -$ 39,818$ Capacity Analysis 2 0 4 0 0 2 5 5 20 20 58 9,445$ 434$ -$ 8,767$ -$ -$ -$ 18,646$ Horizontal Layout 4 0 24 40 64 0 132 20,240$ 931$ -$ -$ -$ -$ -$ 21,171$ TASK 4: Scoping of Improvements 14 0 28 8 8 4 12 0 20 8 32 24 8 0 8 174 33,360$ 1,535$ -$ -$ -$ -$ -$ 34,894$ PSRE 2 0 4 0 0 0 2 4 8 8 28 5,930$ 273$ -$ -$ -$ -$ -$ 6,203$ Draft Environmenatl Dcoument 4 0 8 0 0 2 4 4 8 8 38 7,950$ 366$ -$ -$ -$ -$ -$ 8,316$ Draft District Master Plan 4 0 8 0 0 2 2 4 8 8 36 7,500$ 345$ -$ -$ -$ -$ -$ 7,845$ Field Walk 4 0 8 8 8 0 4 8 8 8 8 8 72 11,980$ 551$ -$ -$ -$ -$ -$ 12,531$ TASK 5: Engineering Plans, Specifications and Estimates76 48 836 1600 2704 92 110 80 682 1060 104 80 460 180 880 120 306 9418 1,400,470$ 64,422$ -$ -$ -$ -$ -$ 1,464,891$

5.1 Engineering Plans 56 32 760 1520 2680 68 88 70 648 1060 88 72 400 180 880 100 260 8962 1,321,440$ 60,786$ -$ -$ -$ -$ -$ 1,382,226$

5.1.1 Conceptual Plans (30%) 16 8 160 280 480 8 24 12 80 220 24 24 130 80 220 20 60 1846 274,650$ 12,634$ -$ -$ -$ -$ -$ 274,650$

5.1.2 Preliminary Plans (60%) 16 8 220 480 940 16 24 24 280 360 24 16 140 40 280 30 80 2978 435,880$ 20,050$ -$ -$ -$ -$ -$ 435,880$

5.1.3 Final Plans (90%) 16 8 220 480 940 20 24 22 240 320 24 16 90 40 220 30 80 2790 408,890$ 18,809$ -$ -$ -$ -$ -$ 408,890$

5.1.4 Final Plans (100%) Signed for Bid 8 8 160 280 320 24 16 12 48 160 16 16 40 20 160 20 40 1348 202,020$ 9,293$ -$ -$ -$ -$ -$ 202,020$

5.2 Specifications 8 8 40 16 0 8 10 10 10 8 8 40 10 16 192 34,860$ 1,604$ -$ -$ -$ -$ -$ 36,464$

5.3 Cost Estimates 4 8 20 40 0 8 12 24 8 20 10 30 184 31,050$ 1,428$ -$ -$ -$ -$ -$ 32,478$

5.4 Submittal Requirements 8 0 16 24 24 8 80 13,120$ 604$ -$ -$ -$ -$ -$ 13,724$ TASK 6: Right of Way (ROW) Acquistion 32 0 40 0 0 14 86 18,970$ 873$ 27,500$ -$ -$ 193,380$ -$ 240,723$

6.1 Project Management 4 0 8 0 0 2 14 2,950$ 136$ -$ -$ -$ 20,900$ -$ 23,986$

6.2 Prepare Right of Way Engineering Documents 4 0 8 0 0 2 14 2,950$ 136$ 27,500$ -$ -$ -$ -$ 30,586$

6.3 Preliminary Title Report and Investigations 4 0 4 0 0 2 10 2,210$ 102$ -$ -$ -$ 7,150$ -$ 9,462$

6.4 Minimum Value Estimates (MVE) 4 0 4 0 0 2 10 2,210$ 102$ -$ -$ -$ 90,200$ -$ 92,512$

6.5 Negotiations wth Property Owner(s) 8 0 8 0 0 2 18 4,230$ 195$ -$ -$ -$ 63,030$ -$ 67,455$

6.6 Escrow/Title Clearance 4 0 4 0 0 2 10 2,210$ 102$ -$ -$ -$ 9,900$ -$ 12,212$

6.7 Obtain Dedication 4 0 4 0 0 2 10 2,210$ 102$ -$ -$ -$ 2,200$ -$ 4,512$ TASK 7: Delivarables 6 0 28 16 0 0 50 9,580$ 441$ -$ -$ -$ -$ -$ 10,021$

7.1 Project Administration and Management 1 0 4 0 0 0 5 1,060$ 49$ -$ -$ -$ -$ -$ 1,109$

7.2 Research 1 0 4 0 0 0 5 1,060$ 49$ -$ -$ -$ -$ -$ 1,109$

7.3 Design Surveys and Engineering 1 0 4 0 0 0 5 1,060$ 49$ -$ -$ -$ -$ -$ 1,109$

7.4 Scoping of Improvements 1 0 4 0 0 0 5 1,060$ 49$ -$ -$ -$ -$ -$ 1,109$

7.5 Engineering Plans, Specifications and Estimates 1 0 8 16 0 0 25 4,280$ 197$ -$ -$ -$ -$ -$ 4,477$

7.6 ROW Acquisition 1 0 4 0 0 0 5 1,060$ 49$ -$ -$ -$ -$ -$ 1,109$ -$
Total Hours/Budget 224 114 1116 1776 2824 158 141 125 736 1,088 263 176 539 194 908 144 330 10,856 1,671,205$ 76,875$ 124,960$ 8,767$ 35,000$ 193,380$ 59,202$ 2,169,389$ * subs costs include 10% markup (not ODC's) 6,212 2,090 2,080 474 2,169,389$ KIMLEY-HORN AND ASSOCIATES, INC.

Kimley-Horn TotalsRoadway Traffic Utilities Landscaping Service Group Category 1
Prepare Plans, Specifications and Estimates
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 3-B, Page 1 of 1
TASK
NO. DESCRIPTION PRICE

1. PROJECT MANAGEMENT AND MEETINGS $1,500.00

2. DATA COLLECTION AND INTERSECTION FORECASTS $8,950.00

3. INTERSECTION AND VMT ANALYSIS $42,028.00

4. RECOMMEND MITIGATION MEASURES $10,751.00

5. DOCUMENTATION $27,484.00
$90,713.00

TOTAL COST AMOUNT WRITTEN IN WORDS

NINETY THOUSAND, SEVEN HUNDRED AND THIRTEEN DOLLARS
* In support of Exhibit 3-B, Consultant shall provide two fee grids (in table format), with an itemized breakdown by a. Hours** and Personnel
b. Rate and Personnel
** Hours are for progress tracking purposes only. This is a lump sum not to exceed contract to provide services as described in Exhibit 1-B, complete. Additional hours and associated costs will only be considered for change in scope and must be authorized in writing prior to expenditure.

TOTAL COST*

TIME AND MATERIALS NOT TO EXCEED
EXHIBIT 3-B: PAYMENT AND FEES*
1 Service Group Category 1
Prepare Plans, Specifications and Estimates
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 3-C, Page 1 of 1
TASK
NO. DESCRIPTION PRICE

1. TRAFFIC IMPACT ANALYSIS ADDENDUM $9,800.00

2. REVISED CONCEPTUAL ROADWAY PLANS (2ND 30%) $85,935.00 $95,735.00

TOTAL COST AMOUNT WRITTEN IN WORDS

NINETY-FIVE THOUSAND, SEVEN HUNDRED AND THIRTY-FIVE DOLLARS * In support of Exhibit 3-B, Consultant shall provide two fee grids (in table format), with an itemized breakdown by a. Hours** and Personnel
b. Rate and Personnel
** Hours are for progress tracking purposes only. This is a lump sum not to exceed contract to provide services as described in Exhibit 1-C, complete. Additional hours and associated costs will only be considered for change in scope and must be authorized in writing prior to expenditure.

TOTAL COST*

TIME AND MATERIALS NOT TO EXCEED
EXHIBIT 3-C: PAYMENT AND FEES*
1 Service Group Category 1
Prepare Plans, Specifications and Estimates
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 3-D, Page 1 of 1
TASK
NO. DESCRIPTION PRICE

1. ADDITIONAL PROJECT MANAGEMENT $10,418.00

2. ADDITIONAL DESIGN SURVEYS $18,466.00

3. REVISED ADDITIONAL CONCEPTUAL PLANS (2ND 30%) $85,605.00 $114,489.00

TOTAL COST AMOUNT WRITTEN IN WORDS

ONE HUNDRED FOURTEEN THOUSAND, FOUR HUNDRED AND EIGTHY-NINE

DOLLARS
* In support of Exhibit 3-D, Consultant shall provide two fee grids (in table format), with an itemized breakdown by a. Hours** and Personnel
b. R
ate and Personnel
** Hours are for progress tracking purposes only. This is a lump sum not to exceed contract to provide services as described in Exhibit 1-D, complete. Additional hours and associated costs will only be considered for change in scope and must be authorized in writing prior to expenditure.

TOTAL COST*

TIME AND MATERIALS NOT TO EXCEED
EXHIBIT 3-D: PAYMENT AND FEES*
1 Revised Utilies, Traffic Signals, Lighting and Design Surveys based on revised 30% Roadway Plans Update of 30% Utility Plans and Reoorts, 30% Lighting Plans, 30% Traffic Signal Plans, Additional Design Surveys and Additional Project Management Project Manager
Senior Engineer (Professional II)
Project Engineer (Professional I)
Civil and Traffic Project Engineer
Analyst
Admin Support
Total Hours per Task
KHA Labor Total
KHA Expense Totals
Vertex Surveys
Total Task Budget
Task 3 Revised Additional Conceptual Utility Plans (2nd 30%) 72 44 122 90 16 344 56,110 $ 2,581 $ 58,691 $ Update Sewer Area Study 12 6 30 4 52 8,030 $ 369 $ 8,399 $ Update Drainage Study 12 6 26 12 4 60 9,720 $ 447 $ 10,167 $ Update 30% Sewer Plans 12 8 24 12 2 58 9,590 $ 441 $ 10,031 $ Update 30% Storm Drain Plans 12 8 24 12 2 58 9,590 $ 441 $ 10,031 $ Update Water System Plans 12 8 24 12 2 58 9,590 $ 441 $ 10,031 $ Update Composite Utility Plans 12 8 24 12 2 58 9,590 $ 441 $ 10,031 $ Task 3 Revised Additional Conceptual Traffic and Lighting Plans (2nd 30%) 20 50 0 90 4 164 25,730 $ 1,184 $ 26,914 $ Update Street Lighting Plans (6 Sheets) 0 10 30 60 2 102 15,740 $ 724 $ 16,464 $ Update Street Traffic Signal Plans (6 Sheets) 10 20 30 2 62 9,990 $ 460 $ 10,450 $ Task 2 Additional Design Surveys 2 8 10 1,880 $ 86 $ 16,500 $ 18,466 $ Task 1 Additional Project Management 24 24 48 9,960 $ 458 $ 10,418 $ Totals 26 184 188 252 360 64 1074 93,680 $ 4,309 $ 16,500 $ 114,489 $ Service Group Category 1
Prepare Plans, Specifications and Estimates
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 3-E, Page 1 of 1
TASK
NO. DESCRIPTION PRICE

1. ADDITIONAL AVH SCOPE: RESEARCH $5,157.00

2. ADDITIONAL AVH SCOPE: DESIGN SURVEYS $42,000.00

3. AVENUE J, 20TH STREET WEST, AND 15TH STREET

WEST STRIP MAPS
$14,519.00

4. REVISED PLANS FOR ROADWAY TRUCK

CIRCULATION
$40,668.00

5. TRUCK CIRCULATION EXHIBITS $16,998.00

6. PWCP 21-014 PEDESTRIAN GAP CLOSURE

IMPROVEMENT PROJECT REVISIONS
$5,847.00
$125,189.00

ONE HUNDRED

TWENTY-FIVE THOUSAND, ONE HUNDRED AND EIGHTY-NINE DOLLARS * In support of Exhibit 3-E, Consultant shall provide two fee grids (in table format), with an itemized breakdown by a. Hours** and Personnel
b. Rate and Personnel
** Hours are for progress tracking purposes only. This is a lump sum not to exceed contract to provide services as described in Exhibit 1-E, complete. Additional hours and associated costs will only be considered for change in scope and must be authorized in writing prior to expenditure.

TOTAL COST*

TIME AND MATERIALS NOT TO EXCEED
EXHIBIT 3-E: PAYMENT AND FEES*

TOTAL COST AMOUNT WRITTEN IN WORDS
1 Additional Scope Item #
Project Manager (Bob)Senior Engineer (Professional II) Michael, Sri, RandallLandscape Manager (Randall)Project Engineer (Eugene, Matt Zach)Analyst (Angelo, Kacie, Joe, Clarissa)Admin Support (Wendy)Total Hours per TaskKHA Labor TotalKHA Expense TotalsVertex Labor TotalPEI Labor TotalTotal Task Budget Billing Rates 325$ 225$ 200$ 165$ 135$ 95 $ 1 Additional AVH Scope: As-Builts and Utility Record Drawings Research 2 4 24 4 34 4,930$ 227$ 5,157$ 2 Additional AVH Scope: Boundaries Survey and Survey Areas 2 8 16 2 42,000$ 42,000$ 3 Ave J, 20th Street, and 15th Street Strip Maps
Develop 15th Street ultimate striping and strip maps for Ave J, 20th Street, and 15th Street corridors 2 4 8 64 2 80 10,600$ 488$ 11,088$ Coordinate with City on revisions for Ave J, 20th Street, and 15th Street corridors 4 12 16 3,280$ 151$ 3,431$ 4 Truck Circulation: Revisions to 18th Street, Ave J-5, and 18th Street/Home Depot Southerly Street RAB to accommodate WB-67 trucks Redesign 18th Street and Home Depot Southerly Street sections to include wider traveled ways 2 16 48 2 68 9,960$ 458$ 10,418$ Redesign 18th Street/Home Depot Southerly Street RAB to accommodate WB-67 trucks 8 16 48 2 74 11,110$ 511$ 11,621$ Redesign Home Depot Southerly Street to align with roundabout at 18th/Home Depot Southerly Street 2 16 48 66 9,770$ 449$ 10,219$ Redesign curb returns at Ave J-8/18th, Ave J/18th, and Ave J-5/15th to accommodate WB-67 trucks 16 40 56 8,040$ 370$ 8,410$ 5 Truck Circulation: Exhibits for Home Depot, Learn4Life, and Ped Gap Revisions Develop exhibits to show concepts for truck circulation at Home Depot and Learn4Life parcels 4 24 80 2 110 16,250$ 748$ 16,998$ 6 Ped Gap Revisions
Redesign Ped Gap improvements on Ave J-8 (15th Street to 12th Street) to ensure curb returns can accommodate aerial fire trucks 2 8 24 4 38 5,590$ 257$ 5,847$ Totals 18 10 4 128 392 18 542 79,530$ 3,658$ 42,000$ -$ 125,189$ Service Group Category 1
Prepare Plans, Specifications and Estimates
Lancaster Health District (formerly Medical Main Street), Project ID# F9131 (Reference: PWCP 20-006)
Exhibit 3-F, Page 1 of 1
TASK
NO. DESCRIPTION PRICE

1. ADDITIONAL PROJECT ADMINISTRATION AND

MANAGEMENT
$59,706.00

2. BOUNDARY SURVEY RESOLUTION $107,483.00

3. RIGHT-OF-WAY SUPPORT $98,685.00

4. ADDITIONAL AVH SCOPE: ENGINEERING PLANS,

SPECIFICATIONS, AND ESTIMATES
$130,300.00

5. ADDITIONAL SCOPE RELATED TO AVE J LOCAL
PHASE 1 CHANGE ORDER: ENGINEERING PLANS

AND ESTIMATES
$29,769.00

6. ADDITIONAL GEOTECHNICAL (PAVEMENT)

INVESTIGATIONS
$12,229.00
$438,172.00

FOUR HUNDRED

THIRTY-EIGHT THOUSAND, ONE HUNDRED AND SEVENTY-TWO DOLLARS * In support of Exhibit 3-F, Consultant shall provide two fee grids (in table format), with an itemized breakdown by a. Hours** and Personnel
b. Rate and Personnel
** Hours are for progress tracking purposes only. This is a lump sum not to exceed contract to provide services as described in Exhibit 1-F, complete. Additional hours and associated costs will only be considered for change in scope and must be authorized in writing prior to expenditure.

TOTAL COST*

TIME AND MATERIALS NOT TO EXCEED
EXHIBIT 3-F: PAYMENT AND FEES*

TOTAL COST AMOUNT WRITTEN IN WORDS
1 Amendment #5 -
Various Scope Revisions
Additional Scope Item #
Project Manager
Senior Engineer (Professional II)
Landscape Manager
Project Engineer
Analyst
Admin Support
Total Hours per Task
KHA Labor Total
KHA Expense Totals
Vertex Labor Total
PEI Labor Total
OPC Labor Total
Total Task Budget
Billing Rates 325$ 225$ 200$ 165$ 135$ 95$
1 Project Management (12 Months) and Coordination (20 months of Weekly Mtgs) 128 80 24 232 57,080$ 2,626$ 59,706$ 2 Boundary Surveys Resolution 8 36 68 4 116 18,100$ 833$ 88,550$ 107,483$ 3 Right of Way Support 20 220 260 6 506 78,470$ 3,610$ 16,605$ 98,685$ 4 Additional AVH Scope 10 24 8 160 640 16 858 124,570$ 5,730$ 130,300$ 5 Ave J PS&E Local Phase 1 Change Order 12 24 8 20 100 8 172 28,460$ 1,309$ 29,769$ 6 Additional Pavement Investigations 2 8 2 12 2,160$ 99$ 9,970$ 12,229$ Totals 180 48 16 524 1068 60 1896 308,840$ 14,207$ 88,550$ 9,970$ 16,605$ 438,172$

STAFF REPORT
City of Lancaster
CC 7
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: DR 19-67 - Acceptance of Improvements (Drainage Maintenance District) Recommendation:

Approve and accept for maintenance the work and materials for the drainage improvements for the following Drainage Maintenance District annexation, installed by the developer of the subject project:

Project Annexation No. Location/Owner
Director’s Review No. 19-67 19-38 Southwest Corner of Gadsden Avenue and Kildare Street
Owner: Midas Lancaster, LP
Fiscal Impact:

Estimated value of Capital assets accepted is $156,303.00.

Background:

The territory shall be annexed into the Lancaster Drainage Benefit Maintenance District with the annual resolutions levying the assessments for said district scheduled for May 2022. The drainage improvements for this project have been installed by the developer according to the approved plans and specifications. The improvements have been inspected and found to be satisfactory to the Senior Director - Development Services.

TL:vw
Attachment:

Vicinity Map

DR 19-67
Vicinity Map

ACCEPTANCE OF DRAINAGE MAINTENANCE

DISTRICT IMPROVEMENTS
City Council Agenda Date: Project No.

Project Location:

Developer:

Storm Drain System $
(Public Drainage Only – Part of Master Plan of Drainage) Channel System $
(Public Drainage Only – Part of Master Plan of Drainage) Basins $
(Public Drainage Only – Part of Master Plan of Drainage) Annexation No.: Date:

Summary:

Council Adopted Resolution No.:
(Confirming Diagrams & Assessments and Ordering Annexation) Total Value of Infrastructure Acceptance: $
03/22/22 DR 19-67
Southwest Corner of Gadsden Avenue & Kildare Street
Midas Lancaster, LP
* *
*
156,030.00
N/A
N/A
156,030.00
19-38 May 2022
N/A
Will go to council in May 2022

STAFF REPORT
City of Lancaster
CC 8
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: DR 19-67 - Acceptance of Improvements (Sewer)
Recommendation:

Approve the following developer-installed sanitary sewer and accept the sewer for maintenance by the City and for public use:

Project No. Private Contract No. Location/Owner
Director’s Review No. 19-67 PC 3765 Southwest Corner of Gadsden Avenue and Kildare Street
Owner: Midas Lancaster, LP
Fiscal Impact:

Estimated value of Capital assets is $21,904.50.

Background:

The listed sanitary sewer has been constructed and completed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Senior Director - Development Services.

TL:vw
Attachment:

Vicinity Map

DR 19-67
Vicinity Map

STAFF REPORT
City of Lancaster
CC 9
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: DR 19-67 - Acceptance of Improvements (Streets) Recommendation:

Approve the developer-constructed streets on the following project. In addition, accept the streets for maintenance by the City and for public use.

Project Location/Owner Director’s Review No. 19-67 Southwest Corner of Gadsden Avenue and Kildare Street
Owner: Midas Lancaster, LP
Fiscal Impact:

Estimated value of Capital assets accepted is $314,495.64.

Background:

The streets have been constructed and completed by the developer according to the approved plans and specifications. The work has been inspected and found to be satisfactory to the Senior Director - Development Services.

TL:vw
Attachment:

Vicinity Map

DR 19-67
Vicinity Map

STAFF REPORT
City of Lancaster
CC 10
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: DR 19-67 - Acceptance of Improvements (Water)
Recommendation:

Approve the completed water system installed by the developer for the following project:

Project Location/Owner
Director’s Review No. 19-67 Southwest Corner Gadsden Avenue and Kildare Street Owner: Midas Lancaster, LP
Fiscal Impact:

None. These improvements are not maintained by the City.

Background:

Water system improvements are accepted by the City in order to exonerate the Developer’s Undertaking Agreement and release of improvement securities. The water system for this project has been constructed and completed to the satisfaction of the local water purveyor, Los Angeles County Waterworks District 40-04, Antelope Valley, and was constructed according to the approved plans and specifications. Additionally, the work has been inspected and found to be satisfactory to the Senior Director - Development Services.

TL:vw
Attachment:

Vicinity Map

DR 19-67
Vicinity Map

STAFF REPORT
City of Lancaster
CC 11
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: Approval of Amendments 2 and 3 for Clean Up & Vegetation Removal Services RFP 733-20 Agreement with AV Recycling Center
Recommendations:

1. Approve Amendment No. 2 to Agreement for Professional Services with AV Recycling Center of Lancaster, CA (“Amendment No. 2”) for an amount not to exceed $600,000.00 for FY 21- 22 for Task 2 – Illegal Dumping Clean Up and Task 3 – Vegetation Removal Services.

2. Authorize the City Manager or designee to pay invoices, and to execute all contracts and associated documents pertaining to Amendment No. 2.

3. Approve Amendment No. 3 to Agreement for Professional Services with AV Recycling Center of Lancaster, CA (“Amendment No. 3”) for an amount not to exceed $900,000.00 for all work and services described in Scope of Services for FY 22-23 – subject to Council approval thereof and amount set forth in the FY 22-23 budget.

4. Authorize the City Manager or designee to pay invoices, and to execute all contracts and associated documents pertaining to Amendment No. 3 upon the Council’s approval of the FY 22-23 budget in an amount not to exceed the amount set forth therein.

Fiscal Impact:

1. Not to exceed $600,000.00 for FY 21-22 for Tasks 2 and 3 with budget previously appropriated to account number 203-4752-301.

2. Amendment Contract for FY 22-23 not to exceed $900,000.00 - annual contract amount to be determined based on budget approved by Council for the fiscal year.

Background:
8 5
3 On February 3, 2021, the City advertised Request for Proposals RFP 733-20 for Clean Up & Vegetation Removal Services, a multi-task RFP to be managed by Public Safety and Development Services. The City of Lancaster awarded AV Recycling Center to perform Task 1, Task 2, and Task 3 as outlined in the RFP. The agreements with AV Recycling Center will permit City staff to schedule services as needed or on an emergency basis. The contract term is three (3) years, with two one-(1)-year extensions. This is an amendment to the initial contract term. The goal of these clean-up activities is to protect the general public's health and safety.

NJ:sm
Attachments:
733-20 Clean Up Vegetation Removal Services - Tasks 2 & 3 Agreement_Amendment 2 733-20 Clean Up Vegetation Removal Services - Tasks 2 & 3 Agreement_Amendment 3 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES

This Amendment (“Amendment No. 2”) is hereby entered into effective March 22, 2022 by and between the City of Lancaster, a Municipal Corporation, in the State of California (the OWNER"), and AV Recycling Center (CONTRACTOR) with respect to Exhibit “B” of the Amendment No. 1 to Agreement for Professional Services between the parties dated July 1, 2021 (“Agreement”).

The Parties agree as follows:

1. Paragraph 1 of Amendment No. 1 dated July 1, 2021 and Section 7 of Agreement for Professional Services dated March 10, 2021, are deleted in their entirety and replaced with “Payment Clause” attached hereto as Exhibit “A”

2. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.

CITY OF LANCASTER CONTRACTOR

AV RECYCLING CENTER

______________________ ______________________
Jason Caudle, City Manager Raymond Jones, Owner

ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
CONTRACT SUBMISSION APPROVAL:

Department Head

EXHIBIT "A"
Effective March 1, 2022

PAYMENT CLAUSE

7. Obligations of the OWNER.

A. The total compensation to be paid by OWNER to CONTRACTOR for all work and services described in Scope of Services is not to exceed $600,000 for FY21/22.

B. No payment made hereunder by OWNER to CONTRACTOR, other than the final payment, shall be construed as an acceptance by OWNER of any work or materials, nor as evidence of satisfactory performance by CONTRACTOR of its obligations under this AGREEMENT.

1. “Payment Clause,” attached hereto as Exhibit “A”.

2. All other terms and provisions of the Agreement and subsequent amendments are hereby
reaffirmed.

AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES This Amendment (“Amendment No. 1”) is hereby entered into effective July 1, 2021 by and between the City of Lancaster, a Municipal Corporation, in the State of California (the "OWNER"), and AV Recycling Center (the "CONTRACTOR") with respect to Exhibit “B” of the Agreement for Services between th e parties dated March 10, 2021 (“Agreement”).

The Parties agree as follows:

EXHIBIT "A"
Effective July 1, 2021

PAYMENT CLAUSE

7. Obligations of the OWNER .

The total compensation to be paid by OWNER to CONTRACTOR for all work and services described in Scope of Services is not to exceed $500,000 for FY21/22. CONTRACTOR'S fees and
charges for the work and services performed shall in no event exceed those set forth in Exhibit "B
" of original agreement dated March 10, 2021.

DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 DocuSign Envelope ID: 9EBD92A0-6D2F-4704-AF6A-9C0741685AB0

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (this "AGREEMENT") is made and entered into this 10m day of MARCH. 20ll., by and between the CITY OF LANCASTER, a municipal corporation and charter city (the "OWNER"), and AV RECYCLING CENTER (the "CONTRACTOR").

RECITALS
WHEREAS, OWNER desires to engage CONTRACTOR to perform certain services, as provided herein, identified as:

RFP 733-20 CLEAN UP & VEGETATION REMOVAL SERVICES -TASKS 2 & 3 NOW, THEREFORE, the parties agree as follows:

1. Parties.

The parties to this AGREEMENT are:

A. OWNER: City of Lancaster
B. CONTRACTOR: AV RECYCLING CENTER

2. Notices. All written notices required by or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; parties to this AGREEMENT shall promptly inform the other party of any changes of address. All notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein.

OWNER

CONTRACTOR
City of Lancaster
Attn: JEFF HOGAN
44933 North Fern Avenue
Lancaster, California 93534

RAYMOND JONES, OWNER

AV RECYCLING CENTER
421 WEST AVE I
LANCASTER, CA 93534

4. Incorporation by Reference. The CONTRACTOR'S Proposal is hereby incorporated in and made a part of this AGREEMENT. CONTRACTOR agrees to comply with all of the requirements set forth therein.

DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59

STAFF REPORT
City of Lancaster
NB 3
3/9/2021
JC
Date: March 9, 2021
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: Award Clean Up & Vegetation Removal Services RFP 733-20 Recommendations:

1. Approve agreement with AV Recycling Center of Lancaster, CA for an amount not to exceed $360,000.00 for FY 20-21 Task 1 – Homeless Encampment Clean Up.

2. Approve agreement with AV Recycling Center of Lancaster, CA for an amount not to exceed $200,000.00 for FY 20-21 for Task 2 – Illegal Dumping Clean Up and Task 3 – Vegetation Removal Services.

3. Authorize the City Manager or designee to pay invoices and to execute all contracts and associated documents.

Fiscal Impact:

1. Not to exceed $360,000.00 for FY 20-21 for Task 1 with budget previously appropriated to account number 101-4800-301.

2. Not to exceed $200,000.00 for FY 20-21 for Tasks 2 and 3 with budget previously appropriated to account number 203-4752-301.

3. Contracts for FY 21-22 and 22-23, plus contract extensions will be billed at an hourly rate of $300.00, annual contract amount to be executed based on budget approved by Council for each fiscal year.

Background:

On February 3, 2021, the City advertised Request for Proposals (RFP) 733-20 (RFP 733-20) for Clean Up & Vegetation Removal Services, a multi-task RFP to be managed by Public Safety and Development Services. The City of Lancaster was seeking Proposals from qualified Contractors to provide comprehensive clean up services throughout the City as outlined below:

DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 4 7
7 Task 1 - Homeless Encampment Clean Up (managed by Public Safety) Task 2 - Illegal Dumping Clean Up (managed by Development Services) Task 3 - Vegetation Removal Services (managed by Development Services) Contractors were required to submit a proposal that demonstrated their ability to deliver services for all three (3) tasks, with the City’s intent of awarding Task 1 through a contract with Public Safety, and Tasks 2 and 3 with a contract through Development Services. The RFP was listed on the City's website and the City's online bidding service Public Purchase. Proposals were due on February 17, 2021. One (1) company responded.

The proposal was deemed to meet the needs of the RFP and staff recommends to move forward with contracting AV Recycling Center to perform Task 1, Task 2, and Task 3 as outlined in the RFP. The agreements with AV Recycling Center will permit City staff to schedule services as needed or on an emergency basis. The contract term is three (3) years, with two one-(1)-year extensions. The goal of these clean-up activities is to protect the general public's health and safety.

JH-LD:cm-sm
Attachments:

Professional Services Agreement for RFP 733-20 Task 1
Professional Services Agreement for RFP 733-20 Task 2 & Task 3 DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES
This Amendment (“Amendment No. 3”) is hereby entered into effective July 1, 2022 by and between the City of Lancaster, a Municipal Corporation, in the State of California (the OWNER"), and AV Recycling Center (CONTRACTOR) with respect to Exhibit “B” of the Amendment No. 1 to Agreement for Professional Services between the parties dated July 1, 2021 (“Agreement”).

The Parties agree as follows:

2. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.

CITY OF LANCASTER CONTRACTOR

AV RECYCLING CENTER
______________________ ______________________
Jason Caudle, City Manager Raymond Jones, Owner
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
CONTRACT SUBMISSION APPROVAL:

Department Head
EXHIBIT "A"
Effective July 1, 2022

PAYMENT CLAUSE

7. Obligations of the OWNER.

A. The total compensation to be paid by OWNER to CONTRACTOR for all work and services described in Scope of Services is not to exceed $900,000 for FY22/23 - annual contract amount to be determined based on budget approved by Council for the fiscal year.

AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES
This Amendment (“Amendment No. 2”) is hereby entered into effective March 22, 2022 by and between the City of Lancaster, a Municipal Corporation, in the State of California (the OWNER"), and AV Recycling Center (CONTRACTOR) with respect to Exhibit “B” of the Amendment No. 1 to Agreement for Professional Services between the parties dated July 1, 2021 (“Agreement”).

The Parties agree as follows:

2. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.

CITY OF LANCASTER CONTRACTOR

AV RECYCLING CENTER
______________________ ______________________
Jason Caudle, City Manager Raymond Jones, Owner
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
CONTRACT SUBMISSION APPROVAL:

Department Head
EXHIBIT "A"
Effective March 1, 2022

PAYMENT CLAUSE

7. Obligations of the OWNER.

A. The total compensation to be paid by OWNER to CONTRACTOR for all work and services described in Scope of Services is not to exceed $600,000 for FY21/22.

1. “Payment Clause,” attached hereto as Exhibit “A”.

2. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.

CITY OF LANCASTER CONTRACTOR
AV Recycling Center
__________________________
Jason Caudle, City Manager
__________________________
Raymond Jones, Owner
ATTEST:
__________________________ Andrea Alexander, City Cl
erk
___________________________ Allison E. Burns, Esq., Cit y Attorney
DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 Insurance Documents Approved
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES This Amendment (“Amendment No. 1”) is hereby entered into effective July 1, 2021 by and between the City of Lancaster, a Municipal Corporation, in the State of California (the "OWNER"), and AV Recycling Center (the " CONTRACTOR") with respect to Exhibit “B” of the Agreement for Services between the parties dated March 10, 2021 (“Agreement”).

The Parties agree as follows:

EXHIBIT "B"
EXHIBIT "A"
Effective July 1, 2021

PAYMENT CLAUSE

7. Obligations of the OWNER .

DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59 DocuSign Envelope ID: 9EBD92A0-6D2F-4704-AF6A-9C0741685AB0

RECITALS
WHEREAS, OWNER desires to engage CONTRACTOR to perform certain services, as provided herein, identified as:

RFP 733-20 CLEAN UP & VEGETATION REMOVAL SERVICES -TASKS 2 & 3 NOW, THEREFORE, the parties agree as follows:

1. Parties.

The parties to this AGREEMENT are:

A. OWNER: City of Lancaster
B. CONTRACTOR: AV RECYCLING CENTER

OWNER

CONTRACTOR
City of Lancaster
Attn: JEFF HOGAN
44933 North Fern Avenue
Lancaster, California 93534

RAYMOND JONES, OWNER

AV RECYCLING CENTER
421 WEST AVE I
LANCASTER, CA 93534

4. Incorporation by Reference. The CONTRACTOR'S Proposal is hereby incorporated in and made a part of this AGREEMENT. CONTRACTOR agrees to comply with all of the requirements set forth therein.

1. Approve agreement with AV Recycling Center of Lancaster, CA for an amount not to exceed $360,000.00 for FY 20-21 Task 1 – Homeless Encampment Clean Up.

2. Approve agreement with AV Recycling Center of Lancaster, CA for an amount not to exceed $200,000.00 for FY 20-21 for Task 2 – Illegal Dumping Clean Up and Task 3 – Vegetation Removal Services.

3. Authorize the City Manager or designee to pay invoices and to execute all contracts and associated documents.

Fiscal Impact:

1. Not to exceed $360,000.00 for FY 20-21 for Task 1 with budget previously appropriated to account number 101-4800-301.

2. Not to exceed $200,000.00 for FY 20-21 for Tasks 2 and 3 with budget previously appropriated to account number 203-4752-301.

Background:

JH-LD:cm-sm
Attachments:

Professional Services Agreement for RFP 733-20 Task 1
Professional Services Agreement for RFP 733-20 Task 2 & Task 3 DocuSign Envelope ID: C1D2DFE8-F36C-4168-9E41-F2150A045D59

STAFF REPORT
City of Lancaster
CC 12
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: Agreement for Condemnation Proceedings Tract No. 82831 Location: Newgrove Street and 62nd Street West (APN No. 3203-008-050) Recommendation:

Approve an agreement with KB HOME Greater Los Angeles Inc., a California corporation, the developer of Tract No. 82831, to provide needed right-of-way for required street improvements for the tract through condemnation proceedings.

Fiscal Impact:

None.

Background:

The developer has been required to provide street right-of-way and improvements as shown on Exhibit "A". The developer has indicated to staff that he has been unable to negotiate the acquisition. The Subdivision Map Act allows the City to use its power of condemnation whenever a subdivider is conditioned to make certain improvements on property he/she does not own, and is unable to secure the necessary easements. The Act permits the City to require that the developer pay the cost of acquiring the offsite property.

The attached agreement conforms to all of the requirements as stipulated in the Act. The developer agrees to pay the City the entire cost of the acquisition, and the City agrees to acquire the property by condemnation. This will allow the project to proceed.

AT:vw
Attachments:

Exhibit "A" – Road Easement
Condemnation Agreement
I
----
APN 3203-008-050
N 3.25 ACRES OF E 13.25
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SHEREEF SURUR, PLS 7295

FORMA ENGINEERING INC

CITY OF LANCASTER

CITY OF LANCASTER
44933 N. FERN AVENUE
LANCASTER, CA 93534
PREPARED BY:

FORMA ENGINEERING, INC.
400 SAN FERNANDO MISSION BL.

SAN FERNANDO, CA 91340
TELEPHONE NO. 818/832-1710
TITLE:

ROAD DEED
APN: 3203-008-050
EXHIBIT "A"
SHEET 1 OF 1
Condemnation Agreement

1 CONDEMNATION AGREEMENT

This Agreement ("Agreement") is made and entered into as of this 9th day of March, 2022, by and between the City of Lancaster (hereafter "City") and KB HOME Greater Los Angeles Inc., a California corporation (hereinafter referred to as "Developer").

WHEREAS, City granted Tentative Map approval to Developer; and

WHEREAS, pursuant to the authority of City, City has required Developer to obtain certain rights-of- way to make certain offsite improvements; and

WHEREAS, Developer has made good faith efforts to acquire the right-of-way easements (hereinafter referred to as "Property") on the property located adjacent to its land and shown on Exhibit "A", but has been unable to do so; and

WHEREAS, Developer desires to construct right-of-way improvements adjacent to Tract No. 82831 (hereinafter referred to as "Project"), prior to acquisition of the right-of-way easements; and

WHEREAS, City has the ability under Government Code section 40404 and otherwise to commence proceedings pursuant to California Code of Civil Procedure section 1230.010 et seq. to acquire rights-of-way easements to allow for the construction of the Developer's proposed street improvements.

NOW THEREFORE, the parties agree as follows:

1. City shall forthwith take steps necessary to consider commencing proceedings pursuant to Title 7 of Part 3 of the California Code of Civil Procedure to acquire an interest in the Property and obtain possession thereof if the City should desire to do so which will then permit improvements to be made to the property as shown on Exhibit "A" (the “Action”). In no event shall the City's decision not to adopt a resolution of necessity be a default of the City's obligations under this Agreement. City may independently negotiate a settlement up to 20% above the appraised value. City shall obtain Developer’s prior written or email consent to any settlement that exceeds 20% above the appraised value.

2. Developer hereby agrees that upon the City commencing an action to acquire sufficient title or interest in the Property, and upon the City’s obtaining possession of the Property necessary to construct the required improvements, that Developer shall complete the required improvements as set forth in the Tentative Map approval and the Project, at Developer's sole cost and expense.

3. Developer hereby waives the 120-day time limitation for commencing eminent domain proceedings set forth in Government Code section 66462.5.

4. Developer shall grade and improve streets, drainage and slope, according to the plans filed with the City and as approved by the Director of Development Services to provide for street improvements.

DocuSign Envelope ID: 6216DD62-5D89-47D0-BB98-08114F03C2B4

Condemnation Agreement

2 5. Developer hereby agrees to pay any and all costs, including reasonable attorney's fees, associated with acquiring the offsite Property interests in connection with the Project. Developer further agrees to indemnify, defend and hold the City harmless from and against any and all claims, liabilities and/or causes of action arising from or related to this Agreement, including, but not limited to, the Developer's construction and maintenance of improvements and the cost of acquiring the Property.

6. Developer agrees to deposit with the City simultaneously with the execution of this Agreement, $15,000 to cover the initial cost of the above described eminent domain proceedings. In addition, Developer agrees to deposit with City the full amount of the fair market value of such Property as determined by the City's appraiser prior to the commencement of eminent domain proceedings and any additional amounts reasonably required by the City in connection with such proceedings. In the event that the City determines not to adopt a resolution of necessity, any remaining funds, less a processing fee shall be refunded to Developer.

7. This Agreement shall not be assigned by the Developer without the prior written consent of City.

8. Any controversy between the parties hereto shall be submitted to arbitration and such arbitration shall comply with and be governed by the principles of the California Arbitration Act, Code of Civil Procedure section 1280-1294.2.

9. All notices herein required shall be in writing and shall be delivered in person or sent by registered mail, postage prepaid, to the following addresses.

CITY: City of Lancaster
44933 North Fern Avenue
Lancaster, CA 93534
Attn: Allen Thompson
[email protected]

DEVELOPER: KB Home Greater Los Angeles Inc.
25152 Springfield Court, Suite 180
Santa Clarita, CA 91355
Attn: Keltie Cole
[email protected]
DocuSign Envelope ID: 6216DD62-5D89-47D0-BB98-08114F03C2B4 Condemnation Agreement

3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement at Lancaster, California the day and year first above written.

CITY OF LANCASTER

By ___________________________
R. Rex Parris, Mayor

Signatures Must Be Notarized (Attach Corporation
Notary Acknowledgement Form)
DEVELOPER:

KB HOME Greater Los Angeles Inc.,
a California corporation

By: _____________________
Name: Keltie Cole, President

ATTEST:

Andrea Alexander, City Clerk
City of Lancaster

APPROVED AS TO FORM:

Allison E. Burns
City Attorney

DocuSign Envelope ID: 6216DD62-5D89-47D0-BB98-08114F03C2B4

DocuSign Envelope ID: 6216DD62-5D89-47D0-BB98-08114F03C2B4 DocuSign Envelope ID: 6216DD62-5D89-47D0-BB98-08114F03C2B4 DocuSign Envelope ID: 6216DD62-5D89-47D0-BB98-08114F03C2B4 DocuSign Envelope ID: 6216DD62-5D89-47D0-BB98-08114F03C2B4 DocuSign Envelope ID: 6216DD62-5D89-47D0-BB98-08114F03C2B4 Certificate Of Completion
Envelope Id: 6216DD625D8947D0BB9808114F03C2B4
Status: Completed
Subject: Please DocuSign: City of Lancaster KBGLA Condemnation Agreement_Tr 82831 3 9 2022.pdf Source Envelope:

Document Pages: 8
Signatures: 1
Envelope Originator:

Certificate Pages: 6
Initials: 0
Joanna Paulson
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Arizona
9102 Southpark Ctr LP Suite 100
Orlando, FL 32819
[email protected]
IP Address: 104.129.198.238
Record Tracking
Status: Original
3/9/2022 5:47:57 PM
Holder: Joanna Paulson
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Keltie Cole
[email protected]
Division President
KB Home
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.175.97.91
Signed using mobile
Sent: 3/9/2022 5:49:56 PM
Viewed: 3/9/2022 7:38:21 PM
Signed: 3/9/2022 7:38:43 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Haggai Mazler
[email protected]
Vice President
KB Home Greater Los Angeles
Security Level: Email, Account Authentication
(None)
Sent: 3/9/2022 5:49:56 PM
Viewed: 3/10/2022 9:13:06 AM
Electronic Record and Signature Disclosure:

Accepted: 8/11/2021 5:31:05 PM
ID: 7fe53e32-492f-43dc-99e5-1bcb6e57c17a
Company Name: KB Home
Phil Darrow
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 3/9/2022 5:49:57 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events
Signature
Timestamp

Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
3/9/2022 5:49:57 PM
Certified Delivered
Security Checked
3/9/2022 7:38:21 PM
Signing Complete
Security Checked
3/9/2022 7:38:43 PM
Completed
Security Checked
3/9/2022 7:38:43 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure

CONSENT AND AGREEMENT TO RECEIVE, SIGN AND INITIAL ELECTRONIC

PURCHASE AGREEMENT DOCUMENTS, NOTICES AND DISCLOSURES BY BUYER(S) (“E-transaction Agreement”) CONSUMER DISCLOSURE This E-transaction Agreement contains important information that you are entitled to receive before you consent and agree to electronically receive, sign and initial your purchase agreement documents, notices and disclosures related to your home purchase (collectively, “documents, notices and disclosures” from the Seller (“we,” “us” or “Company”), and/or its parent company KB Home, its affiliates and subsidiaries.

By checking the “I Agree” box, I consent, agree and confirm that:

1. I am solely responsible for reading all of the electronic purchase agreement documents, notices and disclosures, including, without limitation, all of the information that appears between prompts for electronic initials and signatures; and

2. I have the opportunity to scroll up and down in all of the electronic documents by using the scrolling navigation bar along the right side of the documents; and

3. By clicking “next” to forward to the next electronic initial or signature, the prompt may skip over pages to the next electronic initial or signature, but that I can scroll up or down at any time to review all pages; and

4. I will not claim that I did not know or understand what I was initialing or signing if pages are skipped by clicking “next” to forward to the next electronic initial or signature; and

5. I am not required to use electronic initials and signatures; and

6. If, at any time prior to completion of the electronic signature process, I do not want to utilize electronic initials and signatures, I may cancel the electronic signature process and request that I sign and initial all documents by hand in person; and

7. I am voluntarily choosing to use electronic initials and signatures which will create a binding purchase agreement with Seller.

Buyer(s) acknowledge, understand and accept that Buyer’s electronic signatures and initials create a binding purchase agreement with Seller. If you do not want to conduct your purchase transaction by electronic signatures, then exit this program without clicking the ‘I Agree’ box. If you voluntarily elect to proceed to conduct your purchase transaction by electronic signatures with Seller, please read this E-transaction Agreement carefully, follow the instructions to click the ‘I Agree’ box, and download, save and/or print a copy of the E-transactions Agreement for your files.

Buyer(s) understand and accept that Buyer(s) are voluntarily agreeing to participate in this E- transaction Agreement during Seller’s purchase agreement process. During this process, it is possible that circumstances may arise causing Seller to require Buyer(s) to provide wet signatures on some or all documents, notices and disclosures before closing. If this occurs, Seller will not have any liability to Buyer(s) and will not pay any compensation or consideration to Buyer(s) for any such duplication of signatures or other inconvenience to Buyer(s). From time to time, Seller may provide Buyer(s) (“you”) with purchase agreement documents, notices, and disclosures related to your home purchase and we may be provide you with certain written documents, notices or disclosures. State laws, the Uniform Electronic Transaction Act (UETA), and federal law, the Electronic Signatures in Global and National Commerce Act (ESIGN), state that a document or signature cannot be denied legal effect or enforceability solely because it is in electronic form. Both laws allow electronic signatures to be used in real estate transactions.

Described below are the terms and conditions for providing you with such documents, notices Electronic Record and Signature Disclosure created on: 3/23/2016 6:02:36 PM Parties agreed to: Haggai Mazler
and disclosures electronically through the DocuSign, Inc. (“DocuSign”) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ box.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you.

Withdrawing your consent
If you decide to electronically sign and receive documents, notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required documents, notices and disclosures only in paper format. How you must inform us of your decision to receive future documents, notices and disclosures in paper format and withdraw your consent to receive documents, notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required documents, notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required documents, notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper documents, notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required documents, notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required documents, notices and consents electronically from us or to sign electronically documents from us.

Documents, notices and disclosures sent to you electronically may sometimes also require wet signatures
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system required documents, notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any documents, notice or disclosure, we prefer to provide, to the extent possible, the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive the documents, disclosures and notices electronically or in paper format through the paper mail delivery system. However, your consent and agreement does not mean that we are obligated to provide all documents, notices and disclosures to you electronically. We may, in our sole and exclusive discretion, deliver any documents, notices and disclosures to you in paper form should we choose to do so. We may also require that certain communications with you, and certain documents, notices and disclosures be delivered to us in paper form at a specified address. It is also possible that certain third parties involved in the purchase transaction, including but not limited to certain lenders and FHA, VA and USDA loans, may not accept electronic signatures and may require wet signatures on certain documents, notices and disclosures before closing. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the documents, notices and disclosures electronically from us.

Seller disclaimer of representations, warranties and liability Seller does not represent or warranty that the DocuSign electronic signature system are or will be error- free. Seller makes no representations or warranties of any kind, whether express, implied in fact or by operation of law, or statutory as to the DocuSign electronic signature system. Seller disclaims all implied warranties of merchantability and fitness for a particular purpose for the DocuSign electronic signature system. Seller expressly disclaims any and all liability arising out of or related to any failures of the DocuSign electronic signature system. If the DocuSign electronic signature system fails in part or in whole, or if Seller discontinues usage of the DocuSign electronic signature system, Buyer(s) understand and accept that Seller may require Buyer(s) to re-execute and provide wet signatures on duplicate purchase agreement documents, notices and disclosures without any compensation or consideration to Buyers.

How to contact KB Home:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive documents, notices and disclosures electronically as follows: To contact us by email send messages to: [email protected].

To advise KB Home of your new e-mail address
To let us know of a change in your e-mail address and where we should send documents, notices and disclosures electronically, you must send an email message to us at [email protected] and in the body of such request you must state: your previous e-mail address and your new e- mail address. We do not require any other information from you to change your email address.

To request paper copies from KB Home
To request delivery from us of paper copies of the documents, notices and disclosures previously provided by us to you electronically, you must send an e-mail to [email protected] and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with KB Home
To inform us that you no longer want to receive future documents, notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to [email protected] and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent. The consequences of withdrawing consent for online documents will be that transactions may take a longer time to process.

Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic documents, notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving documents, notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I Agree' box.

By checking the 'I Agree' box, I consent, agree and confirm that:
• I can access and read this CONSENT AND AGREEMENT TO RECEIVE, SIGN AND

INITIAL ELECTRONIC PURCHASE AGREEMENT DOCUMENTS, NOTICES AND DISCLOSURES; and
• I can print on paper the disclosure or save or send this E-transaction Agreement to a place where I can download, save and/or print it, for future reference and access; and • Until or unless I notify Seller as described above, I consent and agree to receive from Seller through electronic means all purchase agreement documents, notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Seller during the course of my relationship with Seller.

I confirm that I have: (a) established an exclusive email address used to authenticate access to, (b) created a password or passcode with, and (c) had my identity validated by authentication through the DocuSign e-signature system on which I am electronically signing this E-transaction Agreement.

My electronic signatures and initials create a binding purchase agreement with Seller when signed pursuant to this E-transaction Agreement.

STAFF REPORT
City of Lancaster
CC 13
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: Memorandum of Understanding with Antelope Valley Transit Authority Regarding Bus Stop Maintenance Services with the City of Lancaster Recommendations:

1. Approve a Memorandum of Understanding (MOU) with Antelope Valley Transit Authority regarding Bus Stop Maintenance Services within the City of Lancaster. Authorize the City Manager, or his designee, to sign all documents.

2. Appropriate $85,290.00 from Proposition A Fund Balance Account to Operating Budget Account No. 207-4430-301.

Fiscal Impact:
$85,290.00 for Fiscal Year 2021-2022; with these actions, sufficient funds are available in Proposition A Fund Balance Account and Operating Budget Account No. 207-4430-301.

Background:

The Antelope Valley Transit Authority (AVTA) is a joint powers authority providing transit services in Lancaster, Palmdale, and unincorporated areas of Los Angeles County. AVTA’s operations serve more than 335 stops in Lancaster. Bus stop amenities are installed by the jurisdictions, and prior to 2016 were maintained primarily by City staff and contracted services at shelter locations.

In 2016, the City entered an MOU with AVTA to increase the level of service at all Lancaster AVTA stop locations to include disposal of trash, paint touch-up, pressure washing all amenities and grounds a minimum of six feet of surrounding bus stop area, replacement of trash can liners, and the inspection/documentation of amenities requiring repair.

As a transit agency, AVTA receives direct funding from the Federal Transit Administration (FTA) that allows the agency to be reimbursed up to 80% of its direct maintenance costs. This allows 8 6
0 AVTA to provide bus stop maintenance services at a saving over City costs; however, FTA funding cannot pass through directly to the City.

The level of service provided by AVTA under the first MOU has been excellent.

Under the proposed MOU, AVTA would continue to provide these services to the City for the next (5) five years (through FY 2025-2026), billed quarterly. The annual payments are as follows:
Fiscal Year 2021-2022 .............. $85,290
Fiscal Year 2022-2023 .............. $87,422
Fiscal Year 2023-2024 .............. $89,608
Fiscal Year 2024-2025 .............. $91,848
Fiscal Year 2025-2026 .............. $94,144
CVH:jr
Attachment:

Memorandum of Understanding
AVTA Agreement 2022-33
Lancaster Agreement
- 1 of 3 -

BUS STOP MAINTENANCE

MEMORANDUM OF UNDERSTANDING

This Bus Stop Maintenance Memorandum of Under standing (“MOU”) effective date is July 1, 2021, and is entered by and between the Antelope Valley Transit Authority (“AVTA”) and the City of Lancaster (“City”).

RECITALS

A. AVTA is a joint powers authority of which City is a member jurisdiction.

B. The parties desire to memorialize the terms under which AVTA will provide washing, steam cleaning, trash removal, and graffiti removal (collectively, “Maintenance Services”) for AVTA vehicle bus stops in City’s territory (“Bus Stops”).

The parties, therefore, agree as follows:

Section 1. Maintenance Services. AVTA will provide the Maintenance Services for the Bus Stops to the extent needed. Bus Stops require Maintenance Services a minimum of twice per week (more frequently on busier routes) to ensure adequate cleanliness is maintained. During the summer months, more frequent service may be necessary. AVTA will provide a contact phone number as a hotline for maintenance issues and post the number at all Bus Stops.

Section 2. Term. The term of this MOU shall be five (5) years unless earlier terminated. Either party may terminate this MOU for convenience upon thirty (30) days written notice to the other party. The termination date shall be June 30, 2026.

Section 3. Compensation.

3.1 Amount. City agrees to compensate AVTA for the Maint enance Services, and AVTA agrees to accept in full satisfaction for the Maintenance Services, annual payment as follows:

Fiscal Year 2020/2021 $83,210
CPI 2.5% Increase $ 2,080
Fiscal Year 2021/2022 $85,290
Fiscal Year 2022/2023 $87,422
Fiscal Year 2023/2024 $89,608
Fiscal Year 2024/2025 $91,848
Fiscal Year 2025/2026 $94,144

3.2 Payment. AVTA shall submit quarterly invoices to City for the Maintenance Services. City shall remit payment within thirty (30) days after receipt of each invoice.

AVTA Agreement 2022-33
Lancaster Agreement

- 2 of 3 -

Section 4. Indemnification.

4.1 AVTA Obligation. AVTA shall indemnify City and its officers, employees, agents and elected and appointed boards for any loss, claim, demand, cause of action, cost, expense, damage, obligation or liability which arises out of or is connec ted with performing the Maintenance Services by AVTA or its contractors or subcontractors, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, by AVTA, its contractors or subcontractors. At their own expense, AVTA and, as applicable, any contractors or subcontractors working on its behalf, shall defend any suit, claim or action against City founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or liability. During the term of this MOU, AVTA and any contractors or subcontractors working on its behalf shall maintain at their sole cost Comprehensive General Liability Insurance applicable on an occurrence basis, with limits no less than five million dollars ($5,000,000.00) per person/occurrence and in the aggregate. AVTA and any contractors or subcontractors working on its behalf shall name City, its officers, employees, and elected and appointed boards as additional insureds under the policy.

4.2 City Obligation. City shall indemnify, defend and hold harmless AVTA and its Directors and employees from any claim, demand, damage, liability, loss, cost or expense for any damage whatsoever (including death or injury to any person and injury to any property) resulting from willful misconduct, negligent acts, errors or omissions of City or City’s officers, employees, agents or subcontractors for the condition of the Bus Stops, except as it relates to Maintenance Services.

4.3 Survival. The parties’ covenants under this Section shall survive the termination of this MOU.

Section 5. Notices. Any notice to be given by the parties hereto will be by certified mail, return receipt requested, and will be as follows:

If to the City:

Jason Caudle
City Manager
City of Lancaster
44933 Fern Avenue
Lancaster, California 93534

If to AVTA:

Martin J. Tompkins
Executive Director/CEO
Antelope Valley Transit Authority

Jocelyn Corbett, Esq.

Assistant City Attorney
City of Lancaster
44933 Fern Avenue
Lancaster, California 93534

42210 6th Street West
Lancaster, CA 93534

AVTA Agreement 2022-33
Lancaster Agreement
- 3 of 3 -

Section 6. Acknowledgment. The parties acknowledge that neither the execution of this MOU nor AVTA’s performance of the Maintenance Services is intended to result in, or shall be construed as resulting in, a transfer to AVTA of the ownership or control of the Bus Stops.

Section 7. Entire Agreement. This MOU represents the entire integrated agreement between the parties regarding Maintenance Services. This MOU supersedes all prior negotiations, representations or agreements, either written or oral regarding Maintenance Services. This MOU may be amended only by written instrument signed by the parties.

IN WITNESS WHEREOF, the governing bodies of the parties have authorized this MOU to be executed.

“AVTA” “CITY”
Antelope Valley Transit Authority City of Lancaster

By: ______________________________ By:_______________________________ Martin
J. Tompkins, Executive Director/CEO Jason Caudle, City Manager

ATTEST:

By:_______________________________
Andrea Alexander, City Clerk

APPROVED AS TO FORM:

By:_______________________________
Jocelyn Corbett, Assistant City Attorney

8 6
3 STAFF REPORT
City of Lancaster
Date:

To:

From:

Subject:

March 22, 2022
Mayor Parris and City Council Members
George N. Harris II, Finance Director
Award Professional Services Agreement for Audit Services Recommendation:
a. Award a three-year Professional Services Agreement for Audit Services, pursuant to RFP 760-22 to CliftonLarsenAllen LLP for $95,000 in FY 21-22, $98,000 in FY 22-23, and $101,600 in FY 23-24, with two optional one-year extensions. b. Authorize the City Manager or designee to execute such agreement.

Fiscal Impact:

This is a three-year contract commencing in FY 21-22. Budget for the FY 21-22 expenditure was previously approved with the adoption of the FY 21-22 Budget. Budget for FY 22-23 and FY 23-24 will be included in the corresponding annual budgets.

Background:

The City’s current five-year contract with White Nelson Diehl Evans (now CliftonLarsonAllen) will conclude with the completion of the FY 20-21 Audit, Annual Comprehensive Financial Report (ACFR), and Management Letter covering FY 20-21.

As per requirements outlined in Government Code Section 12410.6. (b), the City conducted a Request for Proposal using the Public Purchase web-based bidding system in February 2022 and received six responses. A three-member committee comprised of employees from the Finance department evaluated the six respondents’ Technical Proposals.

The firms were evaluated on their responses to the proposed audit plan, proposed staffing, experience on Municipal audits, preparation of the annual State Controller’s Report, GANN Limit Review Report, and Single Audit Report, and their responses to how they work with clients to comply with the changing auditing standards.

The panel unanimously chose CliftonLarsonAllen LLP based on their expertise and experience and understanding of the City’s operations. In order to maintain compliance with auditor rotation requirements, a new audit partner will be assigned to the City of Lancaster.

GH:cm
CC 14
03/22/22
JC
8 6
3 Attachment:

Professional Services Agreement
1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT FOR CONSULTING SERVICES (this “AGREEMENT”) is made and entered into this 22nd day of March, 2022, by and between the CITY OF LANCASTER, a municipal corporation and charter city (the “OWNER”), and CliftonLarsenAllen LLP (the “CONSULTANT”).

RECITALS
WHEREAS, OWNER desires to engage CONSULTANT to perform certain technical and professional services, as provided herein, identified as:

PROFESSIONAL AUDITING SERVICES FOR
FISCAL YEARS 2022/23, 2023/24, 2024/25
WHEREAS, the principal members of CONSULTANT are qualified and duly registered/licensed under the laws of the State of California, and CONSULTANT desires to accept such engagement; NOW, THEREFORE, the parties agree as follows:

1.Parties.

The parties to this AGREEMENT are:

A. OWNER: City of Lancaster.

B. CONSULTANT: CliftonLarsonAllen LLP

2.Notices. All written notices required by or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; parties to this AGREEMENT shall promptly inform the other party of any changes of address. All notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein.

OWNER City of Lancaster
Attn: George Harris
44933 North Fern Avenue
Lancaster, California 93534
CONSULTANT Nitin Patel, Principal
CliftonLarsonAllen LLP
2875 Michelle Drive, Suite 300
Irvine, CA 92606

3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void. 2 4. Incorporation by Reference. The CONSULTANT’S Proposal is hereby incorporated in and made a part of this AGREEMENT. CONSULTANT agrees to comply with all of the requirements set forth therein.

5. Precedence of AGREEMENT Documents. If there is a conflict between AGREEMENT documents, the document highest in precedence shall control. The precedence shall be:

First: This AGREEMENT
Second: The CONSULTANT’S Proposal

6. Description of Work. OWNER hereby engages CONSULTANT, and CONSULTANT accepts such engagement, to perform the technical and professional services set forth in the “Scope of Services” attached hereto as Exhibit “A”. CONSULTANT shall perform and complete, in a manner satisfactory to OWNER, all work and services set forth in Scope of Services. The Director of Finance or his or her designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the Director of Finance, or his or her designee.

7. Obligations of the OWNER.

A. The total compensation to be paid by OWNER to CONSULTANT for all work and services described in Scope of Services is lump sum $294,600.00. CONSULTANT’S fees and charges for the work and services performed shall in no event exceed those set forth in Exhibit “B” attached hereto and made a part hereof.

B. No payment made hereunder by OWNER to CONSULTANT, other than the final payment, shall be construed as an acceptance by OWNER of any work or materials, nor as evidence of satisfactory performance by CONSULTANT of its obligations under this AGREEMENT.

8. Obligations of the CONSULTANT.

A. CONSULTANT shall perform as required by this AGREEMENT. CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this AGREEMENT.

B. CONSULTANT shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.

9. Audit. OWNER shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to OWNER as a condition precedent to any payment to CONSULTANT.

10. Hold Harmless and Indemnification. CONSULTANT agrees to indemnify and hold harmless the OWNER, its officers and employees, from and against any and all claims, losses, obligations, or liabilities whatsoever, including reasonable Attorney’s fees, incurred in or in any manner arising out of or related to CONSULTANT’S negligent or willful wrongful acts, errors or omissions, or those of its employees or agents.

CONSULTANT agrees to defend OWNER, its officers and employees, from and against any and all claims arising from any alleged negligent or wrongful acts, errors or omissions on the part of CONSULTANT or on the part of its employees.
3 11. Amendments. Any amendment, modification, or variation from the terms of this AGREEMENT shall be in writing and shall be effective only upon mutual written approval by the Director of Finance and CONSULTANT.

12. Non-Discrimination and Equal Employment Opportunity.

A. In the performance of this AGREEMENT, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. CONSULTANT will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.

B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of CONSULTANT for personnel to perform any services under this AGREEMENT. OWNER shall have access to all documents, data and records of CONSULTANT and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section.

13. Termination for Convenience. The governing board of the OWNER may terminate this AGREEMENT at any time without cause by giving fifteen (15) days written notice to CONSULTANT of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of OWNER, become the OWNER's property. If this AGREEMENT is terminated by OWNER as provided herein, CONSULTANT will be paid a total amount equal to its costs as of the termination date, plus ten percent (10%) of that amount for profit. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this AGREEMENT.

14. Termination for Cause.

A. The governing board of the OWNER may, by written notice to CONSULTANT, terminate the whole or any part of this AGREEMENT in any of the following circumstances:
(1) If CONSULTANT fails to perform the services required by this AGREEMENT within the time specified herein or any authorized extension thereof; or (2) If CONSULTANT fails to perform the services called for by this AGREEMENT or so fails to make progress as to endanger performance of this AGREEMENT in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period that OWNER may authorize in writing) after receipt of notice from OWNER specifying such failure.

B. In the event OWNER terminates this AGREEMENT in whole or in part as provided above in paragraph A of this Section, OWNER may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.

C. If this AGREEMENT is terminated as provided above in paragraph A, OWNER may require CONSULTANT to provide all finished or unfinished documents, data, reports, etc., prepared by 4 CONSULTANT. Upon such termination, CONSULTANT shall be paid an amount equal to the contract amount, less the cost of hiring another CONSULTANT to complete CONSULTANT's services. In the event no new CONSULTANT is employed, CONSULTANT shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to completed work and work in progress, complete and incomplete reports, and other documents whether delivered to OWNER or in possession of CONSULTANT, and authorized reimbursement expenses.

D. If, after notice of termination of the AGREEMENT under the provisions of this Section, it is determined, for any reason, that CONSULTANT was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 14.

15. Independent Contractor. CONSULTANT is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the OWNER. It is expressly understood between the parties to this AGREEMENT that no employee/employer relationship is intended; CONSULTANT is an independent contractor.

16. Insurance.

A. (1) The CONSULTANT, at its expense, shall maintain in effect at all times during the performance of work under this AGREEMENT not less than the following coverage and limits of insurance, which shall be maintained with insurers listed "A-, VIII" or better in the Best's Key Rating Guide:

Commercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operations
Including Contractual Liability/Independent Contractors Including Broad Form Property Damage
Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $1,000,000
Workers Compensation
As Required by the State of California Statutory Limits Employer’s Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
Professional Liability
Each Occurrence $1,000,000
General Aggregate $1,000,000
B. For General Liability insurance shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations.

Commercial Auto coverage shall be at least as broad as ISO form CA00 01. 5 C. The CONSULTANT’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.

D. A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation/Employers Liability policies and a copy of the endorsement must accompany the certificate.

E. Any deductibles or self-insurance retentions must be declared and approved by the OWNER. At the option of the OWNER, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the OWNER insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

F. All insurance shall be primary and non-contributory as respects the OWNER insured entities. Any insurance or self-insurance maintained by the OWNER insured entities shall be in excess of the CONSULTANT’S insurance and shall not contribute with it.

G. The coverage provided under this contract shall not contain any special limitations on the scope of protection afforded to the OWNER insured entities.

H. Insurance provided and maintained by CONSULTANT must be placed with insurers with a rating of A-, VIII or better by Best’s Key Rating Guide, latest edition.

I. Insurance written on a “claims made” basis must be renewed for a period of five (5) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover CONSULTANT for all claims made by the OWNER insured entities arising out of any acts or omissions of CONSULTANT or its officers, employees, or agents during the time this AGREEMENT was in effect.

J. CONSULTANT shall furnish the OWNER with Certificates of Insurance and with original endorsements effecting coverage required by this contract. The certificates for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the OWNER before work commences. The OWNER reserves the right to require complete, certified copies of all required insurance policies at any time.

K. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the OWNER insured entities.

L. Certificates of Insurance must be deposited with the OWNER for all coverage required by this contract. Certificates shall meet the following requirements:
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days prior written notice (10 days written notice for non-payment) by Certified Mail, return receipt requested to the OWNER.
(2) List in the “Descriptions of Operations/Locations/Vehicles/Special Items” section:

RFP 760-22 Professional Auditing Services
6 City of Lancaster, its elected officials, officers, employees and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.
(3) List in the “Certificate Holder” section:

City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.

M. CONSULTANT shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Subcontractors are subject to the same insurance requirements as the CONSULTANT.

N. The coverage shall contain no special limitations on the scope of protection afforded to the insured entities. The CONSULTANT’S insurance coverage shall be primary insurance as respects the OWNER’S insured entities.

17. Commencement and Completion of Work. The execution of this AGREEMENT by the parties does not constitute an authorization to proceed. The services of CONSULTANT shall commence when the OWNER, acting by and through its Director of Finance or his or her designee, has issued the Notice to Proceed.

CONSULTANT shall have no claim for compensation for any services or work which has not been authorized by the OWNER's Notice to Proceed.

18. Extension of Time for Completion of Work.

A. If, at any time, the work is delayed due to suspension order by OWNER, or due to any other cause which, in the reasonable opinion of the OWNER, is unforeseeable and beyond the control and not attributable to the fault or negligence of CONSULTANT, then CONSULTANT shall be entitled to an extension of time equal to said delay, subject to the OWNER's right to terminate this AGREEMENT pursuant to Section

14. B. CONSULTANT shall submit to OWNER a written request for an extension of time within ten (10) days after commencement of such delay, and failure to do so shall constitute a waiver thereof.

OWNER shall, in its sole discretion, determine whether and to what extent any extensions of time shall be permitted.

C. No extension of time requested or granted hereunder shall entitle CONSULTANT to additional compensation unless, as a consequence of such extension, additional work must be performed. In such event, OWNER shall in good faith consider any request for additional compensation submitted by CONSULTANT.

19. Ownership of Documents. All reports, studies, data, and other documents prepared or obtained by CONSULTANT in the course of performing the work required by this AGREEMENT shall be the property of the OWNER. Basic notes, findings, studies, reports, computations and similar data prepared or obtained by CONSULTANT under this AGREEMENT shall, upon request, be made available to OWNER without restriction or limitation on their use.
7 20. Data Provided to CONSULTANT. OWNER shall provide to CONSULTANT, without charge, all data, including reports, records, and other information, now in the OWNER's possession which may facilitate the timely performance of the work described in Scope of Services.

21. CONSULTANT's Warranties and Representations.

CONSULTANT warrants and represents to OWNER as follows:

A. CONSULTANT has not employed or retained any person or entity, other than a bona fide employee working exclusively for CONSULTANT, to solicit or obtain this AGREEMENT.

B. CONSULTANT has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this AGREEMENT. Upon any breach or violation of this warranty, OWNER shall have the right, in its sole discretion, to terminate this AGREEMENT without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.

C. CONSULTANT has no knowledge that any officer or employee of the OWNER has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the CONSULTANT, and that if any such interest comes to the knowledge of CONSULTANT at any time, a complete written disclosure of such interest will be made to OWNER, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.

D. Upon the execution of this AGREEMENT, CONSULTANT has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this AGREEMENT, nor shall any such interest be acquired during the term of this AGREEMENT.

22. Resolution of Disputes.

A. Disputes regarding the interpretation or application of any provisions of this AGREEMENT shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.

B. If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.

After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator. Mediation shall be conducted in Lancaster, California.

Each party shall pay its own attorneys’ fees and the costs of mediation shall be split equally between the parties.

If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration. 8 C. If any action at law or in equity is brought to enforce or interpret any provisions of this AGREEMENT, the prevailing party in such action shall be entitled to reasonable attorney's fees, cost and necessary disbursements, in addition to such other relief as may be sought and awarded.

23. Exhibits.

The following exhibits to which reference is made in this AGREEMENT are deemed incorporated herein in their entirety:

Exhibit "A" Scope of Services
Exhibit “B” Payment Clause & Term

24. Governing Law.

This AGREEMENT shall be governed by the laws of the State of California.

25. Effective Date.

This AGREEMENT shall become effective as of the date set forth below on which the last of the parties, whether OWNER or CONSULTANT, executes this AGREEMENT. [Signatures begin on next page.]
9 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed and attested by their respective officers thereunto duly authorized. “OWNER”
City OF LANCASTER

LANCASTER, CALIFORNIA
Approved By Department Head:

By:

Director of Finance – George Harris
Dated:

By:

Jason Caudle, City Manager
Dated:
"CONSULTANT"
CliftonLarsonAllen, LLP
By:
(Name, Title)
Dated:

ATTEST:

Andrea Alexander
City Clerk
APPROVED AS TO FORM:

Allison E. Burns, Esq.

City Attorney
10 Exhibit A
Scope of Work & Requirements
Scope of the Work to be Performed
The City desires an Annual Comprehensive Financial Report (ACFR) and its component unit financial statements for the City of Lancaster, Lancaster Public Financing Authority, Lancaster Housing Authority, Lancaster Community Services Foundation, California Choice Energy Authority and the Lancaster Choice Energy, to be prepared by the independent Auditor and be fully GASB compliant for the fiscal year ended June 30, 2022 and each of the subsequent years, June 30, 2023 and 2024 of the audit Firm’s contract with the City. The City will be planning to submit the to the Government Finance Officers Association (GFOA) for review in their Certificate of Achievement for Excellence in Financial Reporting program.

Consultant agrees to perform the following tasks:

1. Conduct the examination of the City’s annual financial statements in accordance with auditing standards generally accepted in the United States, Government Auditing Standards promulgated by the Comptroller General of the United States. In addition, the minimum auditing standards set forth in the Single Audit Act and OMB Circular A-133 must be met in those years in which a Single Audit is required. The single audit report should include an appropriate schedule of expenditures of federal awards, footnotes, findings and questioned costs, including reportable conditions and material weaknesses, and a follow up on prior audit findings, where required.

2. Render an independent opinion on the fair presentation of the City’s basic financial statements on the basis of their conformity with generally accepted accounting principles. The Auditor is not required to audit the supporting statistical schedules contained in the Annual Comprehensive Financial Report (ACFR). However, the Auditor is to provide an “in-relation to” report on the supporting schedules based on auditing procedures applied during the audit of general-purpose financial statements and the combining and individual fund financial statements schedules.

3. Prepare an evaluation of the City’s compliance with applicable laws and regulations governing the City, including agreed-upon auditing procedures each fiscal year pertaining to compliance with the City’s Investment Policy.

4. Perform agreed-upon audit procedures pertaining to the City’s GANN Limit and render a letter, annually, to the City regarding compliance.

5. Issue the appropriate audit reports on internal control and compliance. In the required reports on internal controls, the Auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report.
11 6. Prepare and submit a report as communication with those charged with governance, inclusive of the Management Letter, as required by auditing standards, at the conclusion of the annual audit.

The report shall include all significant opportunities for realistically improving internal controls of the City’s operation and procedures that are discovered or observed by the Auditor in the course of the annual audit and management response to the recommendation. Prior to completion of the Management Letter, the Auditor shall meet with the Finance Director and/or City Manager to review findings and recommendations in detail before the final Auditor letters and City responses are finalized.

7. Prepare various financial reports and schedules of the City’s ACFR, including the Government- Wide Financial Statements, Fund Financial Statements, Notes to the Basic Financial Statements, Required Supplementary Information, Supplementary Schedules, and portions of the Statistical Section. The City will ultimately be responsible for these financial reports, as well as preparing the Introductory Section, Management Discussion and Analysis, and portions of the statistical sections of the ACFR. The Auditor shall assist in finalizing the City's ACFR by conducting a review of all schedules, notes, etc., to ensure full compliance with all current GASB pronouncements.

8. Verify the implementation of recommended improvement from the prior year submission to Certificate of Achievement for Excellence in Financial Report from the Government Finance Officers Association (GFOA) under the ACFR award program. The City has received the Certificate of Achievement for Excellence in Financial Report from GFOA previously and will expect the ACFR to meet the requirements of the program.

9. Upon request by city staff, present and discuss the annual basic financial statements, results of operation, and Management Letter contents at a meeting of the City Council.

10. In addition to completing the annual audit, the Auditor shall be available during normal business hours, throughout the contract period, to provide advice and guidance on financial reporting, the implementation of new GASB pronouncements, and regulations affecting local government accounting, upon request by city staff. The Auditor will be expected to keep the City abreast of the working requirements of all new accounting and financial reporting pronouncements of the Governmental Accounting Standards Board (GASB), the United States Office of Management and Budget, and the State of California. It is expected that the successful Firm will designate a senior staff member, at the manager, director or partner level, who will be responsible for responding to City phone calls and email communications within a reasonable response period

11. The Auditor shall prepare the Annual State Controller’s Reports for the City and Lancaster Choice Energy.

Auditing Standards to be Followed
Consultant agrees to conduct the audit in accordance with:

1. The standards set forth by the Government Accounting Standards Board (GASB)

2. The Generally Accepted Government Auditing Standards issued by the Comptroller General of the U.S. Government Accountability Office (GAO)
12 3. Generally accepted auditing standards set forth by the American Institute of Certified Public Accounts.

4. The provisions of the U.S. Office of Management and Budget (OMB) Circular A133, Audits of States, Local Governments, and Non-Profit Organizations.

Internal Controls and Compliance Reports
In the required reports on internal controls, the Consultant shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the City’s ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report.

Non-reportable conditions discovered by the Consultant shall be reported in a separate letter to management, which shall be referred to in the report on internal controls.

The reports on compliance shall include all instances of non-compliance.

Consultant shall assure themselves that the City is informed of each of the following:

1. The Consultant’s responsibility under generally accepted auditing standards

2. Significant accounting policies

3. Management judgments and accounting estimates

4. Significant audit adjustments

5. Other information in documents containing audited financial statements

6. Disagreements with management

7. Management consultation with other accountants

8. Major issues discussed with management prior to retention

9. Difficulties encountered in performing the audit
Working Paper Retention
All working papers and reports must be retained at the Consultant's expense for a minimum of seven (7) years, unless the Consultant is notified in writing by the City of the need to extend the retention period.

The Consultant will be required to make working papers available to the City or any government agencies included in the audit of federal grants. In addition, the Consultant shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.

Irregularities and Illegal Acts
Consultant shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties: City Manager, City Attorney and Finance Director.
13 Exhibit B
Schedule of Pricing & Contract Term
This Agreement shall be in effect for three fiscal years as outlined below. The contract may be extended for two additional 1-year terms as agreed upon by both parties.

Total all-inclusive maximum price for the initial contract term is $294,600 as broken down by year.

Initial Contract Term
Years 1-3
Optional
Year 1
Optional
Year 2
Service 2021/22 2022/23 2023/24 2024/25 2025/26

SECTION I - CITY
City Audit and Related Reports
$82,000 $84,500 $87,500 $91,000 $94,000
GANN Limit Review Report
$500 $500 $600 $700 $800
State Controllers Reports –
City, Lancaster Choice Energy,
Lancaster Financing Authority,
California Choice Energy
Authority
$7,500 $7,800 $8,100 $8,400 $8,600
Single Audit and Related
Reports (1)
$5,000 $5,200 $5,400 $5,600 $5,800

TOTAL FOR

FISCAL YEAR
(not-to exceed)
$95,000 $98,000 $101,600 $105,700 $109,200
(1) Includes one major program, each additional major program is $4,000 Payment Terms
Progress payments will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the Consultant’s proposal. Interim billings shall cover a period of not less than a calendar month. 14 Auditor’s Standard Billing Rates
Auditors Standard Hourly Billing Rates by Position
Position 2021/22 2022/23 2023/24 2024/25 2025/26
Partner $350 $360 $370 $380 $380
Manager $250 $260 $270 $280 $290
Senior Accountant $150 $155 $160 $165 $170
Staff Accountant $125 $130 $135 $140 $145
Clerical $110 $115 $120 $125 $130

STAFF REPORT
City of Lancaster
CC 15
3/22/22
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: George N. Harris II, Director of Finance
Subject:Extension of Contracts with Hinderliter, De Llamas and Associates/HDL Coren and Cone for Revenue Collection and Consulting Services Recommendations:

A. Approve two-year extension with Hinderliter, de Llamas and Associates (HdL), for Business and Rental Housing License administration, Sales and Use Tax/Measure LC district tax auditing and consulting, and Transient Occupancy Tax administration and audit, for an estimated not-to-exceed annual amount of $250,000
B. Approve two-year extension with HdL Coren and Cone (HdLCC), for Property Tax consulting and analysis for an estimated not-to-exceed annual amount of amount of $30,000.

C. Authorize the City Manager or his designee to sign all documents.

Fiscal Impact:

The annual contract costs are estimated at $250,000 and $30,000, respectively. Fees are based on a percentage of revenue recovered. Below are the fee and revenue actuals for the previous fiscal year as an example. Fees are budgeted in General Fund budget account numbers 101- 4410-301 & 101-4432-301.

Revenue HdL Cost % Cost/Rev
Property Tax 26,148,243.00$ 26,272.00$ 0.10%
Sales Tax & Measure LC (1 Quarter) 26,734,613.00$ 18,134.00$ 0.07% Transient Occupancy Tax 2,012,943.00$ 17,050.00$ 0.85% Business & Rental Housing License* 829,967.00$ 166,152.00$ 20.02% *BL & RHBL are regulatory fees, not tax. The City charges the cost of program administration.

HdL is only a portion of the cost to administer the program per the ordinance.

FY 20/21 Revenue vs Cost
Background:

In 2019 Finance staff determined it would be of benefit to solicit a Consultant to engage in the following revenue consulting and collection activities:

1. Business and Rental Housing License Administration & Discovery

2. Sales and Use Tax Audit and Analysis Services

3. Transient Occupancy Tax (TOT) Administration and Audits

4. Franchise Fee Audits

5. Property Tax Management and Information Services
In March 2019, Council awarded HdL a three-year contract to perform services related to tasks 1-3 of the RFQ. HdLCC was awarded a three-year contract for task 5. Franchise Fee Audits where not included in the service.

In April 2021, the City hired HdL, through amendment to this contract, to assist with audit and analysis of the Measure LC district sales tax.

HdL is currently under contract through June 30, 2022. Staff recommends a two-year contract extension.

HdL is an industry leader in the State for sales tax and property tax consulting. HdL provides an analysis based on actual taxes receipts at the State and Counties. The information provides staff with valuable insight that is used for budget and future year projections.

GH:CM

Attachments:

Amendment #2 to Agreement for Professional Services, Hinderliter, de Llamas and Associates Amendment #1 to Agreement for Professional Services, HdL Coren and Cone AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES BY AND

BETWEEN THE CITY OF LANCASTER AND HINDERLITER, DE LLAMAS & ASSOCIATES.

This Amendment (“Amendment No. 2”) is hereby entered into by and between the City of Lancaster, a municipal corporation and charter city, (“City”), and Hinderliter, de Llamas and Associates (HdL) (“Consultant”) with respect to the Agreement for Professional Services between the parties dated March, 26, 2019 (“Agreement”), and Amendment No. 1 dated December, 22, 2020.

The parties agree as follows:

1. Extend Agreement as provided in Section 10 – Term; Effective Date, for one, two- year extension, extending the agreement to March 26, 2024.

2. Exhibit A – Scope of Services and Rates Schedule updated as attached.

3. HdL is responsible for providing notice of annual CPI increase by March 1. Increases will be determined by utilizing CPI-U Los Angeles, Long Beach, Anaheim for December year over year. Annual CPI increases will become effective annually on April 1.

4. All other terms and provisions of the Agreement are hereby reaffirmed.

In witness whereof the parties have executed the Amendment of the date set forth below:

CITY OF LANCASTER Hinderliter, de Llamas and
Associates (HdL)
_________________________ ________________________
Jason Caudle, City Manager Andrew Nickerson, President
Dated: ___________________ Dated: __________________ ATTEST:
_________________________
Andrea Anderson, City Clerk
_________________________
Jocelyn Corbett, City Attorney

EXHIBIT A

SCOPE OF SERVICES

AND RATES SCHEDULE

1. General Business & Rental Housing License Program
Compensation - HdL’s compensation for performing General Business & Rental Housing License Program Services $15.64 + CPI per processed account. For the purpose of compensation calculation, processed account means any account for which new applications are processed or which were sent a renewal notice.

CPI Adjustment – Fees for General Business & Rental Hosing License Program Services are adjusted at the beginning of each calendar year by the change in the annual Consumer Price Index – West Urban (CPI-WU) as reported by the Bureau of Labor Statistics. Each annual adjustment will not be less than two percent (2%) or greater than ten percent (10%).

Discovery – HdL’s fee for performing discovery services shall be a contingency fee of 35% of the revenues received as a result of the service. This fee applies to monies received for the current tax/license period and any other prior period collected, including monies received for taxes, penalties, interest, and fees.

City Discovery Discount – HdL’s fee for following up on accounts that are identified and confirmed as non-compliant by the City shall be a contingency fee of 20% of the revenues received as a result of the service. This fee also applies to delinquent business license tax accounts referred by the City as failing to make payment or properly renew an existing license.

Audit – HdL’s fee for performing Audit services shall be a contingency fee of 35% of the revenues received as a result of the service. This fee applies to monies received for the current tax/license period and any other prior period collected, including monies received for taxes, penalties, interest, and fees.

Collection – HdL’s fee for performing collections services shall be a contingency fee of 20% of the revenues received as a result of the service. This fee applies to monies received for the current tax/license period and any other prior period collected, including monies received for taxes, penalties, interest, and fees
Municipal Code Review (Optional) – HdL can assist the City with a review of the Municipal Code as it pertains to business license, and make recommendations to achieve the City’s objectives, whether seeking general code modernization, rate/fee restructuring, or to adjust it to better match the City’s current processes. As part of the license administration program, HdL’s municipal code review consulting fee is available at the discounted price of $10,000.

2. Sales and Use Tax
Sales and Use Tax Audit Services
HdL proposes a fee of 15% of all new sales and use tax revenue received by the City (including reimbursement from the sales and use tax compensation fund outlined in Section 97.68 of the Revenue and Taxation Code) as a result of audit and recovery work performed by the firm. This audit fee applies to monies received in the first eight consecutive reporting quarters beginning with the receipt of the audit revenue and includes retroactive back quarter adjustments obtained by HdL.

Audit fees are billed only after completion of the audit, submittal of corrections to the CDTFA and receipt of revenues by the client. 100% of all new revenue generated by HdL flows to the City after the completion of the eight quarters. The fee constitutes the full reimbursement to HdL and covers all direct and indirect costs incurred by the firm under this contract. This includes all salaries of our employees, travel expenses and service contracting costs as well as the software to be delivered to the City of Lancaster under this proposal.

Invoices are submitted only for recoveries previously approved by the City. HdL does not bill for audit revenues until the client has received said monies. Further, if during the billing cycle, a taxpayer receives a refund for overpayment of taxes generated during that cycle, HdL credits back any proportionate share of the fee that may have been levied.

Invoices are submitted quarterly after the City has received the revenue from the audit correction. The invoice includes a printout showing the name, address, and sales tax registration number of each company, and the specific amount of revenue allocated by the CDTFA to the City for those businesses.

If a misallocation correction involves additional revenue from a company that had already been partially allocating revenues to the City, the City and HdL will agree in a Work Authorization, prior to billing, the methodology for identifying the incremental revenue attributable to HdL’s work.

Sales and Use Tax Management Services, Quarterly Meetings and Web-Based Application This includes access to the City’s sales tax database through our web-based software and quarterly meetings with one of our principals. In preparation for each meeting, a principal of the firm analyzes the City’s data in detail and meets with appropriate City officials to review trends, point out businesses that should be contacted as part of the City’s business retention program and discuss and make recommendations regarding the economic and budget implications of the quarter’s data. Also included is a non-confidential newsletter that can be shared with your council and the public. The price for this option is $800 per month + CPI.

3. Transient Occupancy Tax
HdL’s fee for providing Transient Occupancy Tax Administration Services (includes Audit Services) shall be as follows:
$837.82 per property/per year, + CPI – Monthly Filers + Travel expenses Travel Expenses – HdL endeavors to control travel expenses through group scheduling of audits, in order to minimize the number of trips required to complete the audits. All travel expenses will be pre-approved by City, be reimbursed at cost, and incorporate only lodging, meals, and mileage. No airfare will be required.

4. Transaction District Tax Reports (Measure LC)
Data Base Management, Reports and Staff Support
HdL shall establish a database containing all applicable CDTFA registration data for each business within the Measure “LC” District boundaries holding a seller’s permit account.

Database shall identify the quarterly transactions and use tax allocations under each account for the most current and previous quarters where available. HdL shall also provide reports on Measure LC revenue, staff support as requested, and included findings and projections in the quarterly sales and use tax management services. See Amendment 1 for full scope. HdL’s fee for this service is $200 + CPI monthly billed quarterly.

Deficiency/Allocation Reviews and Recover
HdL shall conduct on-going reviews to identify and correct unreported transactions and use tax payments and distribution errors thereby generating previously unrealized revenue for the City.

See Amendment 1 for full scope. Fee in the amount of 25% of the initial amount of new transactions or use tax revenue received by the City as a result of audit and recovery work performed by HdL.

AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF LANCASTER AND HdL COREN & CONE.

This Amendment (“Amendment No. 1”) is hereby entered into by and between the City of Lancaster, a municipal corporation and charter city, (“City”), and HdL Coren & Cone (“Consultant”) with respect to the Agreement for Professional Services between the parties dated March, 26, 2019 (“Agreement”).

The parties agree as follows:

1. Extend Agreement as provided in Section 10 – Term; Effective Date, for one, two- year extension, extending the agreement to March 26, 2024.

2. All other terms and provisions of the Agreement are hereby reaffirmed.

3. Pricing is reaffirmed as noted in Exhibit A of original agreement.

In witness whereof, the parties have executed the Amendment of the date set forth below:

CITY OF LANCASTER HdL Coren & Cone
_________________________ ________________________
Jason Caudle, City Manager Name, Title
Dated: ___________________ Dated: __________________ ATTEST:
_________________________
Andrea Anderson, City Clerk
_________________________
Jocelyn Corbett, City Attorney

STAFF REPORT
City of Lancaster
CC 16
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: Construction Award of Bid – PWCP 22-009 – MOAH HVAC Improvements Recommendations:

1. Approve an appropriation of $1,513,272.00 from General Fund Reserves into Account No. 101-11BS042-924, for the Lancaster Museum of Art and History (MOAH) HVAC Improvements.

2. Approve a budget transfer of $749,930.00 from Account No. 701-11ZZ005-924, City Beautification to Account No. 701-11BS042-924 MOAH HVAC Improvements.

3. Award Public Works Construction Project No. 22-009, MOAH HVAC Improvements, to Circulating Air, Inc., of Lancaster, California, in the amount of $1,775,859.00 Base Bid, plus Change Order No.1 in the amount of ($64,576.00), plus Change Order No. 2 in the amount of $156,220.00 for a total contract amount of $1,867,503.00, plus a 20% contingency to restore proper climate control systems and to maintain stable temperatures, increase humidity, and establish a controlled environment within the museum. This contract was negotiated and awarded per California Public Contract Code Section 22038(c).

4. Authorize the City Manager, or his designee, to sign all documents.

Fiscal Impact:
$2,241,003.60 (including 20% contingency); with these actions, sufficient funds will be available in Capital Improvements Budget Account numbers 101-11BS042-924 and 701-11BS042-924.

Background:

This project is required to restore proper climate control systems, allowing MOAH to maintain stable temperatures, increase humidity, and establish a controlled environment within the museum.

Such systems are essential in allowing the safe housing and care of objects on display and in storage, and facilitates the continuation of ongoing projects and developing partnerships with outside entities, such as LACMA and other potential touring exhibitions. Additional benefits 8 6
7 include the increased quality of care for onsite objects in long-term custody of the museum, specifically those of a sensitive nature, and to increase the likelihood of achieving American Alliance of Museums (AAM) Accreditation by adhering to industry operational standards.

Per Section 2.2 of the Existing Community Workforce Agreement (CWA), this project is subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions (CWA). The PWCP 22-009 contract documents were prepared, and the project was advertised accordingly. Per Section

2.6(b) of the CWA, Letters of Assent shall be submitted by the Contractor and each of its subcontractors, of whatever tier, forty-eight (48) hours prior to commencement of work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.

On Tuesday, February 8, 2022, at 11:00 a.m., the City conducted an electronic bid opening for PWCP 22-009 via PlanetBids. No responsive bids were received. A Notice of Cancellation was issued by the City’s Purchasing Agent, and staff proceeded to solicit a bid by negotiation per California Public Contract Code Section 22038(c).

NJ
Attachments:

Notice of Cancellation
Change Order No. 1
Change Order No. 2

CITY OF LANCASTER, CA

NOTICE OF CANCELLATION

PUBLIC WORKS CONSTRUCTION PROJECT NO. 22‐009
MOAH HVAC IMPROVEMENTS

February 8, 2022

The informal bid solicitation process for PUBLIC WORKS CONSTRUCTION PROJECT NO. 22‐009 MOAH HVAC IMPROVEMENTS, has been cancelled due to not receiving any responsive bids.

Since no responsive bids have been received, the City intends to award an agreement as per Public Contract Code § 22038 (c).

_____________________________
ANNA LEONARD
R.

C.E. 93305
CITY OF LANCASTER

CITY OF LANCASTER

CHANGE ORDER NO. 1 PWCP NO. 22-009

TITLE: MOAH HVAC Improvements Sheet 1 of 1

DESCRIPTION OF WORK OR CHANGE:

Item 1:1: This decreased cost Change Order documents an extension of time for this project from 90 days to 150 days. A determination of the delay in completion of the contract has been made in accordance with the provisions of Section 6-6, Delays and Extensions of Time, of the Standard Specifications for Public Works Construction.

Total Cost: ($64,576)
PO No. 22-XXXX
Days: 60 Additional Days

Amount

Original Contract Amount $1,775,859.00
Previous Change Order Amounts $0.00
Original Contract Amount plus previous CO's $1,775,859.00 This CO ($64,576.00)
Total Contract Amount plus all CO's $1,711,283.00

Submitted By: Date:

Michael C. Livingston, Manager – Capital Programs

Approved By: Date:

Jeff Hogan, Senior Director – Development Services

I/We, the undersigned contractor, gave careful consideration to the change proposed and hereby agree, as approved, that we will provide all labor, equipment, materials, except as may otherwise be noted above, and services necessary for the work above specified and full payment accepted therefor at the price(s) shown above, including any allowed time to the contract.

Accepted Date: Signature

Print Name

Title:

NOTE: If Contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.

CITY OF LANCASTER
CHANGE ORDER NO. 2 PWCP NO. 22-009
TITLE: MOAH HVAC Improvements Sheet 1 of 1
DESCRIPTION OF WORK OR CHANGE:

Item 2:1: The City of Lancaster requested that Circulating Air, Inc. repair existing equipment roof platform to improve structural support of replacement HVAC equipment. The City shall pay for extra work because this work is required to install proposed system improvements. In accordance with Section 2-8, Extra Work, and 7-3.7, Agreed Prices, of the 2021 Greenbook, for this item, the City shall accept the total price of $156,220.00. The contractor has agreed to the lump sum price for this item. This sum constitutes full and complete compensation for providing all labor, material, equipment, tools, and incidentals, and includes all markups by reason of this change. This sum does include “Add for -re-roof of lower roof complete with 10 year warranty.” A determination of delay in the completion of the contract due to the work specified by this change order has been made in accordance with the provisions of Section 6-4, Delays and Extensions of Time, of the Standard Specifications for Public Works Construction. The Contractor shall be granted zero (0) calendar days.

Total Cost: $156,220
PO No. 22-XXXX
Amount
Original Contract Amount $1,775,859.00
Previous Change Order Amounts ($64,576.00)
Original Contract Amount plus previous CO's $1,711,283.00 This CO $156,220.00
Total Contract Amount plus all CO's $1,867,503.00
Submitted By: Date:

Michael C. Livingston, Manager – Capital Programs
Approved By: Date:

Jeff Hogan, Senior Director – Development Services
I/We, the undersigned contractor, gave careful consideration to the change proposed and hereby agree, as approved, that we will provide all labor, equipment, materials, except as may otherwise be noted above, and services necessary for the work above specified and full payment accepted therefor at the price(s) shown above, including any allowed time to the contract.

Accepted Date: Signature
Print Name
Title:

STAFF REPORT
City of Lancaster
CC 17
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Chenin Dow, Senior Manager - Real Estate & Economic Development Sydney Yeseta, Assistant Manager- Economic Development
Subject:Disposition and Development Agreement with Verdant Lancaster, LLC Recommendations:

1. Approve the Disposition and Development Agreement with Verdant Lancaster, LLC for the sale and subsequent development of nine commercial parcels located in the Front Row Center area.

2. Authorize the City Manager, or his designee, to execute (i) the Disposition and Development Agreement in substantially the form presented, subject to non-substantive changes approved by the City Manager and City Attorney; and (ii) all documents necessary or appropriate to complete the transaction.

Fiscal Impact:

The purchase price of the nine parcels at appraised value is $4,380,916.32. The subsequent development of a hotel will generate transient occupancy tax (TOT) revenue annually.

Background:

Front Row Center, the area generally bounded by Avenue I and Lancaster Boulevard along Valley Central Way, has long been regarded as a key growth opportunity for commerce and entertainment in the Antelope Valley. Featuring such destinations as the Hangar and Cinemark 22 Theatres, as well as optimal proximity to the 14 Freeway, Front Row Center is ripe for further development.

Verdant Lancaster, LLC (Verdant) has made an offer for full appraised value of nine parcels, which together constitute 29.58 acres located in the heart of Front Row Center. Verdant plans to create a master plan for the site that includes a mixed-use development, consisting of market- rate and affordable residential products and at least one select-service hotel. Additional developments may include senior housing, day-care school, and other retail commercial uses. 8 6
8 The subject parcels were declared surplus by Resolution 20-49 on September 8, 2020. After the ninety-day negotiation period required by the Surplus Land Act, no entity receiving a notice of availability was prepared to purchase the site. On January 24, 2022, the City submitted to the California Department of Housing and Community Development (HCD) for review of certain information and documentation related to this DDA. HCD’s thirty-day review period expired without HCD providing a response.

If approved, the sale of the parcels will take place under one disposition and development agreement (DDA), which will bind Verdant to master plan and develop the sites consistent with the scope of work outlined in the DDA.

The City acquired these properties for the express purpose of future development. Now that the regional real estate market has reached its highest level in a decade and the City is reimagining the use of the Hangar, the time is ideal to sell these parcels and collaborate with the developer to ensure a development that will positively impact our community well into the future.

SY/sk
Attachment:

Disposition and Development Agreement with Verdant Lancaster, LLC

DISPOSITION AND DEVELOPMENT AGREEMENT By and Between THE CITY OF LANCASTER and VERDANT LANCASTER, LLC APNs: 3153-067-900, 3153-067-912, 3153-067-913, 3153-067-914, 3153-067-915, 3153-015-960, 3153-015-961, 3153-015-962, 3153-015-963

i
TABLE OF CONTENTS Page 100. DEFINITIONS .......................................................................................................................... 1 101. Representations and Warranties. ................................................................................... 4 200. DISPOSITION OF SITE ........................................................................................................... 5 201. Disposition of Site to Developer. .................................................................................. 5 202. Payment of the Purchase Price. ..................................................................................... 5 203. Escrow. .......................................................................................................................... 6 204. Review of Title.. ............................................................................................................ 8 205. Title Insurance.. ............................................................................................................. 8 206. Conditions of Closing. .................................................................................................. 8 207. Studies and Reports.. ................................................................................................... 10 208. Taxes and Assessments. .............................................................................................. 10 209. Condition of the Site. .................................................................................................. 10 300. DEVELOPMENT OF PROJECT SITE .................................................................................. 12 301. Scope of Development. ............................................................................................... 12 302. Construction Drawings and Related Documents. ....................................................... 12 303. Land Use Approvals. ................................................................................................... 12 304. Schedule of Performance. ........................................................................................... 12 305. Cost of Construction. .................................................................................................. 12 306. [Intentionally Omitted.] .............................................................................................. 12 307. Insurance Requirements. ............................................................................................. 13 308. Indemnity. ................................................................................................................... 13 309. Rights of Access. ......................................................................................................... 14 310. Compliance with Laws. ............................................................................................... 14 311. Taxes and Assessments. .............................................................................................. 15 312. Release of Construction Covenants. ........................................................................... 16 400. COVENANTS AND RESTRICTIONS .................................................................................. 16 401. Affordable Housing Covenant.. .................................................................................. 16 402. Maintenance Covenants.. ............................................................................................ 16 403. Nondiscrimination Covenants. .................................................................................... 16 404. Effect of Violation of the Terms and Provisions of this Agreement. ......................... 17 500. DEFAULTS, REMEDIES, AND TERMINATION ............................................................... 18 501. Default Remedies. ....................................................................................................... 18 502. Institution of Legal Actions. ....................................................................................... 18 503. Termination by Developer. ......................................................................................... 18 504. Termination by City. ................................................................................................... 19 505. Reentry and Revesting of Title in City after the Closing and Prior to Completion of Construction. ....................................................................................... 19 506. Acceptance of Service of Process.. ............................................................................. 20 507. Rights and Remedies Are Cumulative. ....................................................................... 20 508. Inaction Not a Waiver of Default. ............................................................................... 21 509. Applicable Law. .......................................................................................................... 21 TABLE OF CONTENTS (Continued) Page
ii
600. GENERAL PROVISIONS ...................................................................................................... 21 601. Notices, Demands and Communications between the Parties. ................................... 21 602. Enforced Delay; Extension of Times of Performance ................................................ 21 603. Non-Liability of Officials and Employees of City/Non-Liability of Developer. ....... 22 604. Relationship between Parties. ..................................................................................... 22 605. [Intentionally Omitted.] .............................................................................................. 22 606. Commencement of City Review Period. ..................................................................... 22 607. Counterparts. ............................................................................................................... 22 608. Integration. .................................................................................................................. 22 609. [Intentionally Omitted.] .............................................................................................. 22 610. Real Estate Brokerage Commission. ........................................................................... 22 611. Administration. ........................................................................................................... 23 612. Amendments of Agreement. ....................................................................................... 23 613. Titles and Captions. ..................................................................................................... 23 614. Interpretation.. ............................................................................................................. 23 615. No Waiver. .................................................................................................................. 23 616. Modifications. ............................................................................................................. 23 617. Severability. ................................................................................................................ 23 618. Computation of Time. ................................................................................................. 23 619. Legal Advice. .............................................................................................................. 24 620. Time of Essence. ......................................................................................................... 24 621. Cooperation. ................................................................................................................ 24 622. Conflicts of Interest. .................................................................................................... 24 623. Time for Acceptance of Agreement by City. .............................................................. 24 624. [Intentionally Omitted.] .............................................................................................. 24 625. Transfers of Interest in Site or Agreement. ................................................................. 24 EXHIBIT A SCHEDULE OF PERFORMANCE EXHIBIT B SCOPE OF DEVELOPMENT EXHIBIT C SITE MAP EXHIBIT D SITE LEGAL DESCRIPTION EXHIBIT E SITE GRANT DEED EXHIBIT F RELEASE OF CONSTRUCTION COVENANTS

DISPOSITION AND DEVELOPMENT AGREEMENT THIS DISPOSITION AND DEVELOPMENT AGREEMENT (this “Agreement”) is entered into and effective as of March 22, 2022 (the “Date of Agreement”), by and between the CITY OF LANCASTER, a charter city and California municipal corporation (“City”), and VERDANT LANCASTER, LLC, a California limited liability company (“Developer”), with reference to the following facts, intentions and understandings. R E C I T A L S A. City is the fee owner of that certain surplus real property (the “Site”) legally described in the legal description attached as Exhibit D (the “Site Legal Description”) and visually depicted on the site map attached as Exhibit C (the “Site Map”). B. By Resolution 20-49, adopted September 8, 2020, City declared the Site to be surplus property pursuant to the Surplus Land Act (Cal. Gov’t Code §§ 54220-54234) (“Surplus Land Act”). On September 10, 2020, City sent notices of availability as and to the extent required by the Surplus Land Act (specifically, section 54222(a) of the California Government Code). City received one response expressing interest in the Site, but the responding entity failed to negotiate its acquisition of the Site or respond to City’s communications. Upon expiration of the ninety-day negotiation period required by the Surplus Land Act, no entity receiving a notice of availability was prepared to purchase the Site. C. Developer offered to purchase the Site from the City at fair market value to construct a mixed-use development that will generally consist of multi-family residential products and retail storefronts, subject to the terms, conditions, and requirements of this Agreement. City is providing no assistance, subsidies, or public funds to Developer under this Agreement in any manner. D. As required by the Surplus Land Act, on January 24, 2022, City submitted to the California Department of Housing and Community Development (“HCD”) for review certain information and documentation concerning Developer’s proposed purchase of the Site pursuant to this Agreement. HCD’s thirty-day review period expired without HCD providing a response. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows: 100. DEFINITIONS “Adjusted Purchase Price” has the meaning set forth therefor in Section 201. “Agreement” means this Disposition and Development Agreement by and between City and Developer. “Appraiser” is defined in Section 201. “Approved Developer Broker Commission” means the commission payable to Developer’s real estate agent or broker at Closing. The Approved Developer Broker Commission is subject to City prior review and approval.

2 “Approved Seller Broker Commission” means Two Hundred Sixty Two Thousand Eight Hundred Fifty Four Dollars and Ninety Eight Cents ($262,854.98) payable to Seller’s Broker from the proceeds of the sale of the site. “City” means the City of Lancaster, a charter city and California municipal corporation. “City Manager” means the City Manager of the City, or his or her designee. “City Code” means the Municipal Code of the City of Lancaster, including the Uniform Codes, all as amended from time to time. “City’s Conditions Precedent” is defined in Section 206.1. “Closing” is defined in Section 203.4. “Closing Date” is defined in Section 203.4. “Date of Agreement” is defined in the first paragraph of this Agreement. “Developer” means Verdant Lancaster, LLC, a California limited liability company and its approved successors and assigns. “Developer’s Conditions Precedent” is defined in Section 206.2. “Developer Improvements” means the improvements described in the Scope of Development and all improvements incidental thereto. “Environmental Consultant” is defined in Section 209.2. “Escrow” is defined in Section 203. “Escrow Agent” is defined in Section 203. “Exceptions” is defined in Section 204. “Force Majeure” means a failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic (including the COVID-19 pandemic), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy. “Governmental Requirement(s)” means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State of California, the County of Los Angeles, City or any other political subdivision in which the Site is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over City, Developer or the Site. “Hazardous Materials” means any substance, material or waste which is or becomes, prior to the Closing, regulated by any local governmental authority, the State of California or the United States

3 Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901 et seq. (42 U.S.C. Section 6903) or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 6901, et seq. “Manager” means Greens Development Inc., a California corporation “Outside Date” means the one-year anniversary after all land use approvals (not including building and/or grading permits) have been perfected and the expiration of any applicable CEQA challenge periods. “Purchase Price” means the following: (i) provided that the Site is conveyed to Developer on or before the Outside Date, the sum of Four Million Three Hundred Eighty Thousand Nine Hundred Sixteen Dollars and Thirty-Two Cents ($4,380,916.32) (the “Base Purchase Price”) or, if the Site is conveyed to Developer after the Outside Date, that amount determined as the “Adjusted Purchase Price” as provided in Section 201. “Site” means that certain property which is described in the Site Legal Description attached hereto as Exhibit G. “Site Grant Deed” means a grant deed substantially in the form of Exhibit E to this Agreement. “Release of Construction Covenants” means the Release of Construction Covenants attached hereto as Exhibit F. “Report” is defined in Section 204. “Right of Entry Agreement” is defined in Section 207. “Schedule of Performance” means the Schedule of Performance attached hereto as Exhibit A. “Scope of Development” means the Scope of Development attached hereto as Exhibit B. “Site Map” means the Site Map attached hereto as Exhibit C. “Surplus Land Act” is defined in Recital B.

4 “Title Company” is defined in Section 204. “Title Policy” is defined in Section 205. “Uniform Codes” mean each of the following as in effect from time to time as approved by City: the Uniform Building Code, the Uniform Housing Code, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, and the Uniform Code for Abatement of Dangerous Buildings. 101. Representations and Warranties. 101.1 City Representations. City represents and warrants to Developer as follows: (a) Authority. City is a municipal corporation and charter city. City has full right, power and lawful authority to convey the Site, including portions thereof, as provided herein and the execution, performance, and delivery of this Agreement by City has been fully authorized by all requisite actions on the part of City. The individual who has executed this Agreement on behalf of City is authorized to bind City by his or her signature hereto. Notwithstanding the foregoing, or any other provision of this Agreement, City cannot and does not represent or warrant that HCD has or will approve of this Agreement or any other aspect of Developer’s purchase and development of the Site. (b) Litigation. To the best of City’s knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Site or any portion thereof, at law or in equity before any court or governmental agency, domestic or foreign. (c) No Conflict. To the best of City’s knowledge, City’s execution, delivery, and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which City is a party or by which it is bound. (d) No City Bankruptcy. City is not the subject of a bankruptcy proceeding. Until the Closing, City shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 101.1 not to be true as of the Closing, immediately give written notice of such fact or condition to Developer. Such exception(s) to a representation shall not be deemed a breach by City hereunder but shall constitute an exception which Developer shall have a right to approve or disapprove if such exception would have an effect on the value and/or operation of property to be conveyed under the Closing. If Developer elects to accept the conveyance of the Site and the possession of the following disclosure of such information, City’s representations and warranties contained herein shall be deemed to have been made as of such the Closing, subject to such exception(s). The representations and warranties set forth in this Section 101.1 shall survive the Closing. 101.2 Developer Representations. Developer represents and warrants to City as follows: (a) Authority. Developer is a California limited liability company and has full right, power and lawful authority to acquire and accept title to and possession of the Site, including portions thereof, and undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by Developer has been fully authorized by all requisite actions on the part

5 of Developer. The individual who has executed this Agreement on behalf of Developer is authorized to bind Developer by his or her signatures hereto. (b) Litigation. To the best of Developer’s knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Site or Developer, at law or in equity before any court or governmental agency, domestic or foreign. (c) No Conflict. To the best of Developer’s knowledge, Developer’s execution, delivery, and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Developer is a party or by which it is bound. (d) No Developer Bankruptcy. Neither Developer nor any of its shareholders is the subject of a bankruptcy proceeding. (e) Developer Experience; Sophisticated Party. Developer and Manager is a sophisticated party, with substantial experience in the acquisition, rehabilitation, development, financing, obtaining financing for, marketing, and operation of similar properties, and has obtained advice from advisers of its own choosing in connection with this Agreement. (f) Due Authorization and Execution. Developer has duly authorized the execution of this Agreement, including without limitation the attachments hereto. Until the Closing, Developer shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 101.2 not to be true as of such Disposition Conveyance, immediately give written notice of such fact or condition to City. Such exception(s) to a representation shall not be deemed a breach by Developer hereunder but shall constitute an exception which Developer shall have a right to approve or disapprove if such exception would have an effect on the value and/or operation of the Site. If Developer elects to accept the Site and the possession of the Site following disclosure of such information, City’s representations and warranties contained herein shall be deemed to have been made as of the Closing, subject to such exception(s). The representations and warranties set forth in this Section 101.2 shall survive the Closing. 200. DISPOSITION OF SITE 201. Disposition of Site to Developer. Developer agrees to purchase the Site from City and City agrees to sell the Site to Developer, pursuant and subject to the terms, covenants, and conditions of this Agreement, for the Purchase Price. If the Closing occurs on or before the Outside Date, the Purchase Price shall equal the Base Purchase Price. If the Closing occurs after the Outside Date, the Purchase Price shall equal the greater of: (i) the Base Purchase Price; or (ii) the Adjusted Purchase Price. The “Adjusted Purchase Price” shall equal the full fair market value of the Site as determined by an appraisal conducted within ninety days of the Closing by a licensed appraiser (the “Appraiser”) selected by City and shall be determined as of the date on which it is anticipated that the conveyance of the Site to Developer will take place, without taking into account the value of any entitlements that may have been obtained by the Developer on the Site. The Purchase Price shall apply without regard to the square footage determined to constitute the Site. 202. Payment of the Purchase Price. Developer shall pay the Purchase Price in cash, to be deposited into the Escrow prior and as a condition to the Closing.

6 203. Escrow. By the time established therefor in the Schedule of Performance, City shall open escrow (the “Escrow”) with First American Title Company of Los Angeles or another escrow company mutually satisfactory to both parties (the “Escrow Agent”). 203.1 Costs of Escrow. City and Developer shall pay their respective portions of the premium for the Title Policy as set forth in Section 205, City shall pay the documentary transfer taxes, if any, due with respect to the conveyance of the Site, Developer shall pay an amount equal to that expended or incurred by City or that amount required to be paid by City to the Appraiser hired pursuant to Section 201 hereof, City shall pay the Approved Developer Broker Commission, if any, and City and Developer each agree to pay one half of all other usual fees, charges, and costs which arise from the Escrow. 203.2 Escrow Instructions. This Agreement constitutes the joint escrow instructions of City and Developer, and the Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts reasonably necessary to close the Escrow in the shortest possible time. Insurance policies for fire or casualty are not to be transferred, and City will cancel its own policies after the Closing. All funds received in the Escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. If in the opinion of either party it is necessary or convenient in order to accomplish the Closing, such party may require that the parties sign supplemental escrow instructions; provided that if there is any inconsistency between this Agreement and the supplemental escrow instructions, then the provisions of this Agreement shall control. The parties agree to execute such other and further documents as may be reasonably necessary, helpful or appropriate to effectuate the provisions of this Agreement. The Closing shall take place when both City’s Conditions Precedent and Developer’s Conditions Precedent as set forth in Section 206 have been satisfied. The Escrow Agent is instructed to release City’s escrow closing and Developer’s escrow closing statements to the respective parties. 203.3 Authority of Escrow Agent. The Escrow Agent is authorized to, and shall: (a) Pay and charge City for the premium of the Title Policy as set forth in Section 205, any amount necessary to place title to the Site in the condition necessary to satisfy Section 204, and the Approved Developer Broker Commission. (b) Pay and charge City and Developer for their respective shares of any escrow fees, charges, and costs payable under Section 203.1. (c) Pay and charge Developer for the cost of an ALTA policy (if any) and for any endorsements to the Title Policy which are requested by Developer as set forth in Section 205 and which are in excess of the premium for the Title Policy payable by City pursuant to Section 205. (d) Charge Developer for the cost of any appraisal performed to determine the Adjusted Purchase Price as described in Section 201. (e) Disburse funds and deliver and record the Site Grant Deed when both City’s Conditions Precedent and Developer’s Conditions Precedent have been fulfilled or waived by City and Developer.

7 (f) Do such other actions as necessary, including obtaining the Title Policy, to fulfill its obligations with respect to the Site under this Agreement. (g) Within the discretion of the Escrow Agent and, if necessary, direct City and Developer to execute and deliver any instrument, affidavit, and statement, and to perform any act reasonably necessary to comply with the provisions of FIRPTA and any similar state act and regulation promulgated thereunder. City agrees to execute a Certificate of Non-Foreign Status and/or a Certification of Compliance with Real Estate Reporting Requirement of the 1986 Tax Reform Act as may be required by the Escrow Agent, on a form or forms to be supplied by the Escrow Agent. (h) Prepare and file with all appropriate governmental or taxing authorities a uniform settlement statement, closing statement, tax withholding forms including an IRS 1099-S form, and be responsible for withholding taxes, if any such forms are provided for or required by law. (i) Verify that this Agreement has been properly executed by the parties prior to the Closing. 203.4 Closing. The conveyance of the Site shall close by accomplishment of conveyance of the Site to Developer and receipt by City of the Purchase Price (the “Closing”) within thirty (30) days after the satisfaction of all of City’s and Developer’s Conditions Precedent as set forth in Section 206 and no later than the Outside Date; provided that, notwithstanding the foregoing, the Closing may occur after the Outside Date provided that the City Manager designates in writing to the Escrow Holder the Adjusted Purchase Price (as the Purchase Price) and Developer agrees in writing to such Adjusted Purchase Price shall constitute the Purchase Price. The “Closing” shall mean the time and day the Site Grant Deed is filed for record with the Los Angeles County Recorder. The “Closing Date” shall mean the day on which the Closing occurs. 203.5 Termination. If the Escrow is not in condition to close by the Outside Date, then either party which has fully performed under this Agreement may, in writing, demand the return of money or property, terminate the Escrow, and terminate this Agreement. If either party makes a written demand for return of documents or properties, Escrow shall not terminate until five (5) days after the Escrow Agent shall have delivered copies of such demand to all other parties at the respective addresses shown in this Agreement. If any objections are raised within said five (5) day period, the Escrow Agent is authorized to hold all papers and documents until instructed by a court of competent jurisdiction or by mutual written instructions of the parties. Termination of the Escrow shall be without prejudice as to whatever legal rights either party may have against the other arising from this Agreement. If no demands are made, the Escrow Agent shall proceed with the Closing as soon as possible. 203.6 Closing Procedure. The Escrow Agent shall close the Escrow for the Site as follows: (a) Verify execution of this Agreement by the parties; (b) Record the Site Grant Deed, with instructions for the Recorder of Los Angeles County, California to deliver the Site Grant Deed to Developer; (c) Instruct the Title Company to deliver the Title Policy to Developer;

8 (d) Disburse the Purchase Price, less City’s costs of the Closing, to City; (e) File any informational reports required by Internal Revenue Code Section 6045(e), as amended, and any other applicable requirements; (f) Deliver the FIRPTA Certificate, if any, to Developer; (g) Forward to both City and Developer a separate accounting of all funds received and disbursed for each party and copies of all executed and recorded or filed documents deposited into the Escrow, with such recording and filing date and information endorsed thereon; and (h) Record documents requested by Developer subsequent to the recordation of the Site Grant Deed. 204. Review of Title. Within sixty (60) days after the Date of Agreement, City shall cause First American Title Company (the “Title Company”), to deliver to Developer an ALTA preliminary title report (the “Report”) with respect to the title to the Site, together with legible copies of the documents underlying the exceptions (“Exceptions”) set forth in the Report. Developer shall have the right to reasonably approve or disapprove the Exceptions. Within the time set forth in the Schedule of Performance, Developer shall give written notice to City and the Escrow Agent of Developer’s approval or disapproval of any of such Exceptions. Developer’s failure to give written disapproval of the Report within such time limit shall be deemed approval of the Report and the Exceptions set forth therein. If Developer notifies City of its disapproval of any Exceptions in the Report, City shall have the right, but not the obligation, to remove any disapproved Exceptions within five (5) days after receiving written notice of Developer’s disapproval or provide assurances reasonably satisfactory to Developer that such Exception(s) will be removed on or before the Closing. If City cannot or does not elect to remove any of the disapproved Exceptions within that period, City shall provide written notice of such election to Developer within such five (5) day period. Developer shall then have ten (10) business days after the expiration of such five (5) business day period to either give City written notice that Developer elects to proceed with the purchase of the Site subject to the disapproved Exceptions or to give City written notice that Developer elects to terminate this Agreement. Developer shall have the right to approve or disapprove any Exceptions reported by the Title Company after Developer has approved the Report for the Site (which are not created by Developer). City shall not voluntarily create any new exceptions to title following the Date of Agreement. 205. Title Insurance. Concurrently with recordation of the Site Grant Deed conveying title to the Site to Developer, there shall be issued to Developer a CLTA owner’s policy of title insurance (the “Title Policy”), together with such endorsements as are reasonably requested by Developer, issued by the Title Company insuring that the title to the Site is vested in Developer in the condition required by Section 204. The Title Company shall provide City with a copy of the Title Policy. The Title Policy shall be in the amount of the Purchase Price. City shall pay that portion of the premium for the Title Policy equal to the cost of a CLTA standard coverage title policy in the amount of the Purchase Price. Any additional costs, including the cost of an ALTA policy or any endorsements requested by Developer, shall be borne by Developer. 206. Conditions of Closing. The Closing is conditioned upon the satisfaction of the following terms and conditions within the times designated below:

9 206.1 City’s Conditions of Closing. City’s obligation to proceed with the Closing of the conveyance of the Site is subject to the fulfillment, or waiver by City in writing, of each and all of the conditions precedent (a) through (j), inclusive, described below (the “City’s Conditions Precedent”), which are solely for the benefit of City, and which shall be fulfilled or waived in writing by City by the time periods provided for herein, or if no time period is provided, prior to the Closing: (a) No Default. Prior to the Closing, Developer is not in default in any of its obligations under the terms of this Agreement and all representations and warranties of Developer contained herein shall be true and correct in all material respects. (b) Execution of Documents. Developer shall have executed and delivered into Escrow this Agreement, and any other documents required pursuant to the terms of this Agreement. (c) Payment of Purchase Price and Closing Costs. Not later than one (1) business days prior to the Closing, Developer shall have delivered to Escrow the Purchase Price and its share of costs of the Closing which are Developer’s obligation in accordance with Section 203.1, as well as the cost for the Appraiser if applicable under Section 201. (d) Title Policy. The Title Company shall, upon payment of Title Company’s regularly scheduled premium, have agreed to provide the Title Policy for the Site upon the Closing, in accordance with Section 205. (e) Condition of Site. Developer shall have approved of the physical and environmental condition of the Site. (f) Land Use Approvals. Developer shall have received all land use approvals for the Developer Improvements required pursuant to Section 303 hereof. (g) Plans and Permits. Developer shall be underway on construction drawings with a licensed architect for any phase of the project. (h) Financing. [intentionally omitted] (i) Proof of Insurance. Developer shall have provided, for City’s review and approval, proof of insurance reasonably satisfactory to City in accordance with Section 307. (j) Approval of Preliminary Title Report. Developer shall have approved the Report. 206.2 Developer’s Conditions of Closing. Developer’s obligation to proceed with the Closing is subject to the fulfillment or waiver by Developer in writing of the conditions precedent (a) through (i), inclusive, described below (“Developer’s Conditions Precedent”), which are solely for the benefit of Developer, and which shall be fulfilled or waived in writing by Developer by the time periods provided for herein: (a) No Default. City is not in default in any of its obligations under the terms of this Agreement and all representations and warranties of City contained herein shall be true and correct and not misleading in all material respects.

10 (b) Execution of Documents. City shall have executed and delivered into Escrow this Agreement, the Site Grant Deed, and any other documents required pursuant to the terms of this Agreement. (c) Payment of Closing Costs. City shall have paid or delivered into Escrow all costs of the Closing which are City’s obligation in accordance with Section 203.1. (d) Title Policy. The Title Company shall, upon payment of Title Company’s regularly scheduled premium, have agreed to provide the Title Policy for the Site upon the Closing, in accordance with Section 205. (e) Environmental Condition of Site. Developer shall have approved of the environmental condition of the Site. (f) Land Use Approvals. Developer shall have received all land use approvals for the Developer Improvements required pursuant to Section 303. (g) Plans and Permits. [intentionally omitted] (h) Financing. [intentionally omitted] (i) Approval of Preliminary Title Report. Developer shall have approved the Report. 207. Studies and Reports. Prior to the Closing and upon Developer’s execution of a right of entry agreement to be provided by City (the “Right of Entry Agreement”), representatives of Developer shall have the right of access to all portions of the Site owned by City for the purpose of obtaining data and making surveys and tests necessary to carry out this Agreement. Any preliminary work undertaken on the Site by Developer prior to the Closing shall be done at the sole expense of Developer and Developer shall defend, indemnify and hold City harmless from any claims resulting from all preliminary work, access or use of the Site undertaken pursuant to this Section 207. Any preliminary work shall be undertaken only after securing any necessary permits from the appropriate governmental agencies. 208. Taxes and Assessments. Ad valorem taxes and assessments, if any, on the Site levied, assessed, or imposed for any period prior to the Closing, shall be borne by City. All ad valorem taxes and assessments levied or imposed for any period after the Closing shall be paid by Developer. 209. Condition of the Site. 209.1 As-Is Condition. Notwithstanding any provisions of this Agreement to the contrary (except as set forth in Section 624.2(d) of this Agreement), the Site shall be conveyed in an “as is” condition, with no warranty, express or implied by City, as to the condition of improvements on the Site, the soil, its geology, the presence of known or unknown faults or Hazardous Materials or toxic substances, and Developer agrees to and shall indemnify and hold City harmless from and against all liability, loss, damages, costs, or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of the existence of such faults or substances. Notwithstanding the foregoing, Developer shall not be responsible for matters related to any environmental contamination which existed prior to the Closing. It shall be the sole responsibility of Developer at its expense to investigate and determine the soil and improvement conditions for the development to be constructed. If the soil

11 and environmental condition is not in all respects entirely suitable for the use or uses to which the Site will be put, then it is the sole responsibility and obligation of Developer to take such action as may be necessary to place the soil and environmental conditions of the Site in a condition entirely suitable for its development. 209.2 Investigation of Site. Developer, upon execution of the Right of Entry Agreement, shall have the right, at its sole cost and expense, to engage its own environmental consultant (the “Environmental Consultant”) to make such investigations as Developer deems necessary, including any “Phase I” or “Phase II” investigations of the Site. Developer shall provide City with a copy of any and all studies and reports provided to Developer by the Environmental Consultant, or such other consultant engaged by Developer. The Site is to be sold on a where is, as is basis with no representations as to the Site or its condition being made by City. 209.3 Approval of Environmental Condition of Site. Developer shall have the right to approve the environmental condition of the Site prior to Developer’s obligation to acquire the Site. Developer shall approve or disapprove of the environmental condition of the Site within one hundred eighty (180) days after the Date of Agreement. Developer’s approval of the environmental condition of the Site shall be Developer’s Condition Precedent to Closing, as set forth in Section 206.2 hereof. 209.4 Developer’s Precautions after Closing. Upon the Closing, Developer shall take all necessary precautions to prevent the release into the environment of any Hazardous Materials which are located in, on or under the Site. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials in, on or under the Site. 209.5 Required Disclosures After Closing. After the Closing, Developer shall notify City, and provide to City a copy or copies, of all notices of violation, notices to comply, citations, inquiries, clean up or abatement orders, cease and desist orders, reports filed pursuant to self-reporting requirements and reports filed or applications made pursuant to any Governmental Requirement relating to Hazardous Materials and underground tanks. Developer shall report to City, as soon as possible after each incident, any known Hazardous Materials release or known circumstances which would potentially lead to such a release. 209.6 Developer Indemnity - Hazardous Materials. Upon the Closing, Developer agrees to indemnify, defend and hold City, and its respective officers, employees, agents, representatives and volunteers, harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys’ fees), resulting from, arising out of, or based upon the following occurring subsequent to the Closing (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Site, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Site. This indemnity shall include, without limitation, any damage, liability, fine, penalty, parallel indemnity after closing cost or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost

12 wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment. 300. DEVELOPMENT OF PROJECT SITE 301. Scope of Development. Developer shall within the time set forth in the Schedule of Performance develop or cause the development of the Developer Improvements in accordance with the Scope of Development, City Code, all entitlements and approvals for the Site, and the plans, drawings and documents submitted by Developer and approved by City as set forth herein. Developer shall, without limitation, apply for and secure, and pay all costs, charges and fees associated therewith, all permits and fees required by City, County, and other governmental agencies with jurisdiction over the Developer Improvements. 302. Construction Drawings and Related Documents. Prior to commencement of construction, Developer shall prepare and submit to City, construction drawings, landscape plans, and related documents required for the development of the Site and the construction of the Developer Improvements (the “Construction Drawings”). City shall have the right of review of all Construction Drawings, including any proposed changes therein. City shall not be responsible either to Developer or to third parties in any way for any defects in the Construction Drawings, nor for any structural or other defects in any work done according to the approved Construction Drawings, nor for any delays reasonably caused by the review and approval processes conducted by City. Any and all change orders or revisions required by City and its inspectors under the City Code, including without limitation, all applicable Uniform Codes (e.g., Building, Plumbing, Fire, Electrical, etc.) and under other applicable laws and regulations shall be included by Developer in its Construction Drawings and other required submittals and shall be completed during the construction of the Developer Improvements. 303. Land Use Approvals. Prior to commencement of construction of the Developer Improvements or other works of improvement upon the Site by Developer, Developer shall, at its own expense, secure or cause to be secured any and all land use and other entitlements, and approvals, including environmental approvals, which may be required by City and/or any other governmental agency affected by such construction or work for the Developer Improvements. Developer shall, without limitation, apply for and secure all permits required by City, the County and other governmental agencies with jurisdiction over the Developer Improvements. 304. Schedule of Performance. Developer shall submit the Construction Drawings, commence and complete all construction of the Developer Improvements, and satisfy all other obligations and conditions of this Agreement within the times established therefor in the Schedule of Performance. During the course of construction and prior to issuance of the Release of Construction Covenants, Developer shall provide timely reports of the progress of construction when requested by City. Developer shall complete construction of all the Developer Improvements within the respective times established therefor in the Schedule of Performance. The Schedule of Performance is subject to revision from time-to-time as mutually agreed upon in writing by Developer and City and City is authorized to make such revisions as it deems reasonably necessary. 305. Cost of Construction. The cost of planning, designing, developing and constructing the Developer Improvements shall be borne solely by Developer. 306. [Intentionally Omitted.]

13 307. Insurance Requirements. Developer shall take out and maintain or shall cause its contractor to take out and maintain until the issuance of the Release of Construction Covenants pursuant to Section 312, a comprehensive general liability policy in the amount of Two Million Dollars ($2,000,000.00) combined single limit policy, and a comprehensive automobile liability policy in the amount of Five Hundred Thousand Dollars ($500,000.00), combined single limit, or such other policy limits as City may approve at its discretion, including contractual liability, as shall protect Developer and City from claims for such damages. Such policy or policies shall be written on an occurrence form. Developer shall also furnish or cause to be furnished to City evidence satisfactory to City that Developer and any contractor with whom it has contracted for the performance of work on the Site or otherwise pursuant to this Agreement carries workers’ compensation insurance as required by law. Developer shall furnish a notarized certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by City setting forth the general provisions of the insurance coverage. This countersigned certificate shall name City and its respective officers, agents, and employees as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed endorsement evidencing such additional insured status. The certificate and endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by Developer shall be primary insurance and not be contributing with any insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City. The required certificate shall be furnished by Developer prior to the commencement of construction of the Developer Improvements. 308. Indemnity. 308.1 Developer’s Indemnity. Developer shall defend (by counsel satisfactory to City), indemnify and save and hold harmless City and its officers, contractors, agents and employees (collectively, the “Indemnitees”) from and against all claims, damages, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees and court costs) arising from or relating to: (i) this Agreement (including all provisions hereof); (ii) compliance with applicable laws; (iii) a claim, demand or cause of action that any person has or asserts against Developer; (iv) any act or omission of Developer, any contractor, subcontractor or material supplier, engineer, architect or other person with respect to the Site; (v) those matters set forth in Section 101.2 hereof; or (vi) the ownership, occupancy or use of the Site and any portions thereof. Notwithstanding the foregoing, Developer shall not be obligated to indemnify City with respect to the consequences of any act of gross negligence not contributed to by Developer or willful misconduct of City. Developer’s obligations under this Section 308 shall survive the issuance of the Release of Construction Covenants and termination of this Agreement; the requirements under this Section 308 are in addition to and do not limit the obligations of Developer under the Site Grant Deed. Developer shall reimburse City immediately upon written demand for all costs reasonably incurred by City (including the reasonable fees and expenses of experts, attorneys, accountants, appraisers and other consultants, whether the same are independent contractors or employees of City) in connection with the enforcement of the this Agreement and all related matters including the following: (a) City’s commencement of, appearance in, or defense of any action or proceeding purporting to affect the rights or obligations of the parties to this Agreement or the Site Grant Deed, and (b) all claims, demands, causes of action, liabilities, losses, commissions and other costs against which City is indemnified under this Agreement or the Site Grant Deed. Such reimbursement

14 obligations shall bear interest at the rate of seven percent (7%) simple per annum (or, if lower, the highest non-usurious interest rate that may be charged) based upon the amounts and times of disbursement by City, provided that City gives written demand to Developer. Such reimbursement obligations shall survive the issuance of the Release of Construction Covenants and termination of this Agreement and are in addition to and do not limit the obligations of Developer under the Site Grant Deed or other instruments associated with the conveyance of any portion of the Site. Upon the Closing, Developer shall take all necessary precautions to prevent the release into the environment of any Hazardous Materials which are located in, on or under the Site. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials. Notwithstanding anything contained herein to the contrary, Developer shall not indemnify City for any claims arising from City’s gross and active negligence or City’s willful misconduct so long as the loss alleged is not caused or contributed to by Developer and the foregoing indemnification shall not apply to the presence, use, release, escape, seepage, leakage, spillage, emission, or discharge of any Hazardous Materials in, on, under, or about the Site where such Hazardous Material existed on the property prior to the Closing. 308.2 City’s Indemnity. City shall defend, indemnify, assume all responsibility for, and hold harmless Developer, and its representatives, volunteers, officers, employees and agents, from and against all claims, demands, damages, defense costs or liability of any kind or nature relating to the subject matter of this Agreement or the implementation hereof and for any damages to property or injuries to persons, including accidental death (including attorneys’ fees and costs), which are legally caused by any acts or omissions of City under this Agreement, whether such activities or performance thereof be by City or by anyone directly or indirectly employed or contracted with by City and whether such damage shall accrue or be discovered before or after termination of this Agreement. 309. Rights of Access. Representatives of City shall have the right of access to the Site, without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including but not limited to, the inspection of the work being performed in constructing the Developer Improvements so long as City representatives comply with all generally applicable safety rules. 310. Compliance with Laws. Developer shall carry out the design and construction of the Developer Improvements in conformity with all applicable laws, including all applicable state labor standards, City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of City Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Sections 12101, et seq., California Government Code Sections 4450, et seq., California Government Code Sections 11135, et seq., and the Unruh Civil Rights Act, California Civil Code Sections 51, et seq. 310.1 Nondiscrimination in Employment. Developer certifies and agrees that, to the extent applicable to it, all persons employed or applying for employment by it, its affiliates, subsidiaries, or holding companies, and all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or because of race, color, religion, ancestry, national origin, sex, age, pregnancy, childbirth or related medical condition, medical condition (cancer related) or physical or mental disability, and in compliance with Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000, et seq., the Federal Equal Pay Act of 1963, 29 U.S.C. Section 206(d), the Age Discrimination in

15 Employment Act of 1967, 29 U.S.C. Sections 621, et seq., the Immigration Reform and Control Act of 1986, 8 U.S.C. Sections 1324b, et seq., 42 U.S.C. Section 1981, the California Fair Employment and Housing Act, California Government Code Sections 12900, et seq., the California Equal Pay Law, California Labor Code Sections 1197.5, California Government Code Section 11135, the Americans with Disabilities Act, 42 U.S.C. Sections 12101, et seq., and all other anti-discrimination laws and regulations of the United States and the State of California as they now exist or may hereafter be amended. Developer shall allow representatives of City access to its employment records related to this Agreement during regular business hours to verify compliance with these provisions when so requested by City. 310.2 Public Works Requirements. Developer shall carry out the construction of the Developer Improvements and the development of the Site in conformity with all applicable federal and state labor laws (including, without limitation, if applicable, the requirement under California law to pay prevailing wages and to hire apprentices). Although the parties believe that the Developer Improvements are not considered to be a “public work” under California law because the Site is being sold for a price not less than the appraised fair market value of the Site, Developer shall be solely responsible for determining and effectuating compliance with such laws, and City makes no representation as to the applicability or non-applicability of any of such laws to the Developer Improvements or any part thereof. Developer hereby expressly acknowledges and agrees that City has not previously affirmatively represented to Developer or its contractor(s) for the construction or development of the Developer Improvements, in writing or otherwise, in a call for bids or otherwise, that the work to be covered by this Agreement is not a “public work,” as defined in Section 1720 of the Labor Code. Developer hereby agrees that Developer shall have the obligation to provide any and all disclosures or identifications required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. Developer shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense and/or “increased costs” (including reasonable attorneys’ fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, construction (as defined by applicable law) and/or operation of the Developer Improvements, including, without limitation, any and all public works (as defined by applicable law), results or arises in any way from any of the following: (1) the noncompliance by Developer of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages and to hire apprentices); (2) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (3) failure by Developer to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the parties that, in connection with the development and construction (as defined by applicable law) of the Developer Improvements, including, without limitation, any and all public works (as defined by applicable law), Developer shall bear all risks of payment or non-payment of prevailing wages and hiring of apprentices under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. “Increased costs,” as used in this Section 310.2, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the construction and development of the Developer Improvements by Developer. 311. Taxes and Assessments. Developer shall pay prior to delinquency all ad valorem real estate taxes and assessments on the Site incurred after the Closing. Developer shall remove or have

16 removed any levy or attachment for any taxes and assessments incurred after the Closing, made on the Site, or any part thereof, or assure the satisfaction thereof within a reasonable time. 312. Release of Construction Covenants. Promptly after completion of the Developer Improvements in conformity with this Agreement, City shall furnish Developer with the Release of Construction Covenants. City shall not unreasonably withhold such Release of Construction Covenants. The Release of Construction Covenants shall be a conclusive determination of satisfactory completion of the Developer Improvements and the Release of Construction Covenants shall so state. Any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest in the Site shall not (because of such ownership, purchase, lease or acquisition) incur any obligation or liability under this Agreement except for those matters which constitute continuing obligations of Developer under the Site Grant Deed or otherwise under this Agreement. If City refuses or fails to furnish the Release of Construction Covenants for the Site after written request from Developer, City shall, within thirty (30) working days of such written request, provide Developer with a written statement setting forth the reasons City has refused or failed to furnish the Release of Construction Covenants for the Site. The statement shall also contain a list of the actions Developer must take to obtain a Release of Construction Covenants. Such Release of Construction Covenants shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of any mortgage, or any insurer of a mortgage securing money loaned to finance the improvements, or any part thereof. Such Release of Construction Covenants is not a notice of completion as referred to in the California Civil Code, Section 3093. 400. COVENANTS AND RESTRICTIONS 401. Affordable Housing Covenant. If ten (10) or more residential units are developed on the Site, not less than fifteen percent (15%) of the total number of residential units developed on the Site shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of fifty-five (55) years for rental housing and forty-five (45) years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code. The provisions of this Section 401 shall be expressly included in the Site Grant Deed. 402. Maintenance Covenants. Developer covenants and agrees for itself, its successors and assigns and any successor in interest to the Site or part thereof to maintain the Site and all improvements thereon in compliance with all applicable provisions of the City Code. 403. Nondiscrimination Covenants. Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in

17 the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Site, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Site. The foregoing covenants shall run with the land. Developer shall refrain from restricting the rental, sale or lease of the Site on any of the bases listed above in this Section 403. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) In deeds. “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” (b) In leases. “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: “That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.” (c) In contracts. “There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this Agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” 404. Effect of Violation of the Terms and Provisions of this Agreement. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and

18 other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided, without regard to whether City has been, remains or is an owner of any land or interest therein in the Site. City shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. 500. DEFAULTS, REMEDIES, AND TERMINATION 501. Default Remedies. Subject to the extensions of time set forth in Section 702 of this Agreement, failure by either party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and failure to cure as described hereafter, constitutes a “Default” under this Agreement. A party claiming a Default (the “Claimant”) shall give written notice to the other party specifying the alleged grounds for the Default (the “Default Notice”). Except as otherwise expressly provided in this Agreement, the Claimant shall not institute any proceeding against any other party and the other party shall not be in Default if such party within forty-five (45) days from receipt of the notice required by this Section 501 immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with diligence. 502. Institution of Legal Actions. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute an action at law or equity to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Los Angeles, State of California, in an appropriate municipal court in that county, or in the United States District Court for the Central District of California. 503. Termination by Developer. In the event that as of the time designated therefor in this Agreement (and if no time is described below, the time established in this Agreement for the satisfaction of the City’s Conditions Precedent): 503.1 Termination Prior to the Closing. In the event that prior to the Closing: (a) Developer is not in default under this Agreement, Developer has not notified City that the condition of the Site is acceptable; or (b) Developer is not in default under this Agreement and City does not execute the Site Grant Deed and attempt to effect the conveyance of the Site to Developer in the manner and condition and by the date provided in this Agreement; or (c) in the event of any default of City prior to the conveyance of the Site which is not cured within the time set forth in Section 501 hereof; and any such failure is not cured within the applicable time period after written demand by Developer, then this Agreement may, at the option of Developer, be terminated by Notice thereof to City. From the date of the Notice of termination of this Agreement by Developer to City and thereafter, and this Agreement shall be deemed terminated and there shall be no further rights or obligations among the parties.

19 504. Termination by City. 504.1 Termination Prior to the Closing. In the event that as of the time established therefor in this Agreement, but not later than the time established for the satisfaction of the City’s Conditions Precedent: (a) Developer (or any successor in interest) assigns this Agreement or any rights therein or in the Site in violation of this Agreement; or (b) City has not received notification from Developer that the condition of the Site is satisfactory; or (c) One of more of the City’s Conditions Precedent is not satisfied; or (d) Developer fails to execute the Site Grant Deed; or (e) Developer is otherwise in default of this Agreement and fails to cure such default within the time set forth in Section 501 hereof; then this Agreement and any rights of Developer or any assignee or transferee with respect to or arising out of the Agreement or the Site (including without limitation all attachments to this Agreement), shall, at the option of City, be terminated by City by Notice thereof to Developer. From the date of the Notice of termination of this Agreement by City to Developer and thereafter this Agreement (including without limitations all attachments hereto) shall be deemed terminated excepting that Developer shall have conveyed or caused to be conveyed to City (or a nominee designated by City for such purpose) the Site, unless Developer is otherwise instructed by City in a writing that mentions this Section 504 and there shall be no further rights or obligations among the parties, except that City may pursue any remedies it has hereunder. 505. Reentry and Revesting of Title in City after the Closing and Prior to Completion of Construction. City has the right, at its election, to reenter and take possession of the Site, with all improvements thereon, and terminate and revest in City the estate conveyed to Developer if after the Closing and prior to the issuance of the Release of Construction Covenants, Developer (or its successors in interest) shall: (a) fail to start the construction of the Developer Improvements as required by this Agreement for a period of thirty (30) days after written notice thereof from City, subject to Force Majeure; or (b) abandon or substantially suspend construction of the Developer Improvements required by this Agreement for a period of sixty (60) days after written notice thereof from City, subject to Force Majeure; or (c) fail to complete the Developer Improvements required by this Agreement within the time frame set forth in the Schedule of Performance, subject to Force Majeure; or (d) transfer or suffer any involuntary transfer of the Site or any part thereof in violation of Section 625 of this Agreement. Such right to reenter, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid or limit: (i) any mortgage or deed of trust permitted by this Agreement; or (ii) any

20 rights or interests provided in this Agreement for the protection of the holders of such mortgages or deeds of trust. The Site Grant Deed shall contain appropriate reference and provision to give effect to City’s right as set forth in this Section 505, under specified circumstances prior to recordation of the Release of Construction Covenants, to reenter and take possession of the Site, with all improvements thereon, and to terminate and revest in City the estate conveyed to Developer. Upon the revesting in City of title to the Site as provided in this Section 505, City shall, pursuant to its responsibilities under state law, use its reasonable efforts to resell the Site as soon and in such manner as City shall find feasible, to a qualified and responsible party or parties (as determined by City) who will assume the obligation of making or completing the Developer Improvements, or such improvements in their stead as shall be satisfactory to City. Upon such resale of the Site, the net proceeds thereof after repayment of any mortgage or deed of trust encumbering the Site, which is permitted by this Agreement, shall be applied: (i) First, to reimburse City, on its own behalf or on behalf of City, all costs and expenses incurred by City, excluding City staff costs, but specifically, including, but not limited to, any expenditures by City in connection with the recapture, management and resale of the Site or part thereof (but less any income derived by City from the Site or part thereof in connection with such management); all taxes, assessments and water or sewer charges with respect to the Site or part thereof which Developer has not paid (or, in the event that the Site is exempt from taxation or assessment of such charges during the period of ownership thereof by City, an amount, if paid, equal to such taxes, assessments, or charges as would have been payable if the Site were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Site or part thereof at the time of revesting of title thereto in City, or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of Developer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Developer Improvements or any part thereof; and any amounts otherwise owing City, and in the event additional proceeds are thereafter available, then (ii) Second, to reimburse Developer, its successor or transferee, up to the amount equal to the sum of (a) the costs incurred for the acquisition and development of the Site and for the improvements existing on the Site at the time of the reentry and possession, less (b) any gains or income withdrawn or made by Developer from the Site or the improvements thereon. Any balance remaining after such reimbursements shall be retained by City as its property. The rights established in this Section 505 are not intended to be exclusive of any other right, power or remedy, but each and every such right, power, and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy authorized herein or now or hereafter existing at law or in equity. These rights are to be interpreted in light of the fact that City will have conveyed the Site to Developer for economic development purposes, and not for speculation in undeveloped land. 506. Acceptance of Service of Process. In the event that any legal action is commenced by Developer against City, service of process on City shall be made as provided by law. In the event that any legal action is commenced by City against Developer, service of process on Developer shall be made by personal service upon Developer or in such other manner as may be provided by law. 507. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of

21 one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 508. Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 509. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 600. GENERAL PROVISIONS 601. Notices, Demands and Communications between the Parties. Any approval, disapproval, demand, document or other notice (“Notice”) required or permitted under this Agreement must be in writing and shall be sufficiently given if delivered by hand (and a receipt therefor is obtained or is refused to be given) or dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by telecopy or overnight delivery service to: To City: City of Lancaster 44933 North Fern Avenue Lancaster, California 93534 Attention: City Manager To Developer: Verdant Lancaster, LLC 8815 Research Drive Irvine, California 92618 Attention: Ashutosh Kadakia Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section 601. 602. Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: litigation challenging the validity of this transaction or any element thereof or the right of either party to engage in the acts and transactions contemplated by this Agreement; inability to secure necessary labor materials or tools; delays of any contractor, sub-contractor or supplier; or withdrawal of financing not caused by any act or omission of Developer; war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; pandemic (including COVID-19 pandemic); quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; unusually severe weather; acts or omissions of the other party; acts or failures to act of City or any other public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other

22 party within forty-five (45) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer. Notwithstanding any provision of this Agreement to the contrary, the lack of funding to complete the Developer Improvements shall not constitute valid grounds of enforced delay pursuant to this Section 602. 603. Non-Liability of Officials and Employees of City/Non-Liability of Developer. No member, official or employee of City shall be personally liable to Developer, or any successor in interest, in the event of any Default or breach by City or for any amount which may become due under the terms of this Agreement. Further notwithstanding anything in this Agreement to the contrary, no director, member, officer, owner or employee of Developer shall be personally liable to City, or any successor in interest, in the event of any Default or breach by Developer or for any amount which may become due under the terms of this Agreement. 604. Relationship between Parties. It is hereby acknowledged that the relationship between the parties is not that of a partnership or joint venture and that no party shall be deemed or construed for any purpose to be the agent of any other party. Accordingly, except as expressly provided herein or in the Exhibits hereto, City shall have no rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Site. Developer agrees to indemnify, hold harmless and defend City from any claim made against City arising from a claimed relationship of partnership or joint venture between City and Developer with respect to the development, operation, maintenance or management of the Site. 605. [Intentionally Omitted.] 606. Commencement of City Review Period. The time periods set forth herein for City’s approval of agreements, plans, drawings, or other information submitted to City by Developer and for any other City consideration and approval hereunder which is contingent upon documentation required to be submitted by Developer shall only apply and commence upon Developer’s complete submittal of all the required information. In no event shall an incomplete submittal by Developer trigger any of City’s obligations of review and/or approval hereunder; provided, however, that City shall notify Developer of an incomplete submittal as soon as is practicable and in no event later than the applicable time set forth for City’s action on the particular item in question. 607. Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. This Agreement is executed in two (2) originals, each of which is deemed to be an original. 608. Integration. This Agreement contains the entire understanding between the parties relating to the transaction contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. Each party is entering this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 609. [Intentionally Omitted.] 610. Real Estate Brokerage Commission. Except only for the Approved Developer Broker Commission as described in Section 203 of this Agreement, Developer agrees to indemnify,

23 defend, and hold harmless City and its officials, employees, agents and representatives from and against any real estate broker or finder’s commissions or fees or claims thereto alleged to be owed in connection with the Site, which may be the responsibility of Developer. The City shall pay the Approved Seller Broker Commission to Harvey Holloway of Coldwell Banker Commercial Valley Realty in the amount of 6% of the purchase price in accordance with the Professional Services Agreement for Real Estate Broker Services executed on November 2, 2021. 611. Administration. This Agreement shall be administered and executed by City Manager, or his or her designated representative, following approval of this Agreement by City. City shall maintain authority of this Agreement through the City Manager (or his or her authorized representative). The City Manager shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of City so long as such actions do not substantially change the uses or development permitted on the Site, or add to the costs to City as specified herein as agreed to by the City Council, and such amendments may include extensions of time specified in the Schedule of Performance. All other waivers or amendments shall require the written consent of the City Council. 612. Amendments of Agreement. The parties agree to mutually consider reasonable requests for amendments to this Agreement. Developer shall be responsible for the costs incurred by City, including without limitation attorneys’ fees (the “Developer Costs”), in connection with any amendments to this Agreement which are requested by Developer (the “Developer Request”). Developer shall be responsible for payment of Developer Costs as provided in this Section 612 regardless of the outcome of Developer Request. 613. Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or of any of its terms. Reference to section numbers are to sections in this Agreement, unless expressly stated otherwise. 614. Interpretation. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation.” This Agreement shall be interpreted as though prepared jointly by the parties. 615. No Waiver. A waiver by any party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. 616. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party. 617. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the 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, and shall be valid and enforceable to the fullest extent permitted by law. 618. Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day escrow opens) and including the last day, unless

24 the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term “holiday” shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time. 619. Legal Advice. Each party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. 620. Time of Essence. Time is expressly made of the essence with respect to the performance of each and every obligation and condition of this Agreement. 621. Cooperation. Each party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 622. Conflicts of Interest. No member, official or employee of City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. 623. Time for Acceptance of Agreement by City. This Agreement, when executed by Developer and delivered to City, must be authorized, executed and delivered by City within forty-five (45) days or this Agreement shall be void, except to the extent that the parties shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. 624. [Intentionally Omitted.] 625. Transfers of Interest in Site or Agreement. 625.1 Prohibition. The qualifications and identity of Developer are of particular concern to City. It is because of those qualifications and identity that City has entered into this Agreement with Developer. For the period commencing upon the Date of Agreement and until the issuance of the Release of Construction Covenants, no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement, nor shall Developer make any total or partial sale, grant, transfer, conveyance, assignment, subdivision or lease of the whole or any part of the Site or the Developer Improvements without prior written approval of City, except as expressly set forth herein. 625.2 Permitted Transfers. Notwithstanding any other provision of this Agreement to the contrary, City approval of an assignment of this Agreement or conveyance of the Site or the Developer Improvements, or any part thereof, shall not be required in connection with any of the following:

25 (a) The conveyance or dedication of any portion of the Site to City or other appropriate governmental agency, or the granting of easements or permits necessary in order to facilitate construction of the Developer Improvements. (b) Any transfer to an entity or entities in which Developer retains a minimum of fifty-one percent (51%) of the ownership or beneficial interest and retains management and control of the transferee entity or entities. Transfers shall be permitted, subject to Developer and its Manager retaining management and control of the project. 625.3 City Consideration of Requested Transfer. City agrees that it will not unreasonably withhold approval of a request made pursuant to this Section 625, provided Developer delivers written notice to City requesting such approval. Such notice shall be accompanied by sufficient evidence regarding the proposed assignee’s or purchaser’s development and/or operational qualifications and experience, and its financial commitments and resources, in sufficient detail to enable City to evaluate the proposed assignee or purchaser pursuant to the criteria set forth in this Section 625 and as reasonably determined by City. City shall evaluate each proposed transferee or assignee on the basis of its development and/or operational qualifications and experience and its financial commitments and resources, and may reasonably disapprove any proposed transferee or assignee, during the period for which this Section 625 applies, which City determines does not possess equal or better qualifications than Developer. An assignment and assumption agreement in a form satisfactory to City’s legal counsel shall also be required for all proposed assignments. Within thirty (30) days after the receipt of Developer’s written notice requesting City approval of an assignment or transfer pursuant to this Section 625, City shall either approve or disapprove such proposed assignment or shall respond in writing by stating what further information, if any, City requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, Developer shall promptly furnish to City such further information as may be reasonably requested. 625.4 Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon Developer and its permitted and/or approved successors and assigns. Whenever the term “Developer” is used in this Agreement, such term shall include any other permitted and/or approved successors and assigns as herein provided. 625.5 Assignment by City. City may assign or transfer any of its rights or obligations under this Agreement at its sole discretion. [Signatures begin on next page.]

26 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written above. CITY: CITY OF LANCASTER, a charter city and California municipal corporation By: Jason Caudle Its: City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney DEVELOPER: VERDANT LANCASTER, LLC a California limited liability company By: Ashutosh Kadakia Its: Chief Financial Officer

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EXHIBIT A SCHEDULE OF PERFORMANCE For the purposes of this Schedule of Performance, the “Date of Agreement” is March 22, 2022. The City Manager may extend by not more than three hundred sixty (360) days, as all such extensions are aggregated, the time under this Schedule of Performance by which any obligation of Developer shall be performed. 1. Satisfaction of City Conditions Precedent. Developer shall satisfy the City Conditions Precedent. On or before December 31, 2023

2. Submittal for Land Use Approvals. Developer submits to City for all land use approvals required for the Developer Improvements, including, if applicable, any conditional use permits.

On or before December 31, 2022

3. Opening of Escrow. Escrow opened as to the Site. Within ten (10) days after execution of this Agreement 4. Developer Approval as to Title, Condition of Site. Developer confirms in writing to the City Manager that the condition of the Site and the condition of title are acceptable.

On or before September 22, 2022, and in any event, before the Closing.

5. Conditions Precedent are Satisfied. The City’s Conditions precedent and the Developer’s Conditions precedent are satisfied.

On or before December 31, 2023, and in any event, before the Closing.

6. The Site Grant Deed is Recorded. The Site Grant Deed is recorded. Concurrent with Closing. Closing shall occur on or before January 31, 2024. 7. Commencement of Construction of The First Phase. The Developer shall have commenced construction of the Developer Improvements on the first phase.

Within seven hundred thirty (730) days after the Closing.

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8. Submittal of Construction Drawings for The Second Phase. Developer submits to City construction drawings and all other plans required for the Developer Improvements on the second phase. 9. Submittal of Construction Drawings for The Third Phase. Developer submits to City construction drawings and all other plans required for the Developer Improvements on the third phase. 10. Submittal of Construction Drawings for The Fourth Phase. Developer submits to City construction drawings and all other plans required for the Developer Improvements on the fourth phase. 11. Submittal of Construction Drawings for The Fifth Phase. Developer submits to City construction drawings and all other plans required for the Developer Improvements on the fifth phase. 12. Completion of Construction. Developer shall complete construction of the Developer Improvements.

Within seven hundred thirty (730) days after commencement of construction on the first phase. Within seven hundred thirty (730) days after commencement of construction on the second phase. Within seven hundred thirty (730) days after commencement of construction on the third phase. Within seven hundred thirty (730) days after commencement of construction on the fourth phase. On or before the twentieth anniversary of the date of Closing.

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EXHIBIT B SCOPE OF DEVELOPMENT I. GENERAL DESCRIPTION The Site is specifically delineated on the Site Map and the Site Legal Description. II. DEVELOPMENT Subject to the affordability requirement described in Section 401 of the Agreement and imposed by Section 50079.5 of the California Government Code, if applicable, the Developer shall master plan the Site as a mixed-use development consisting of market-rate and affordable multi-family residential products and at least one select-service hotel. Additionally, the Developer may, but is not required to include as part of the Site, the development and construction of senior living, assisted living, condos, townhomes (for sale and for rent), day care school, retail commercial uses, hotels, or other uses compatible with the City’s planning code. All such approvals, including without limitation, the payment of fees to governmental agencies required in connection therewith, shall constitute the “Developer Improvements.” The Developer shall be responsible for any demolition, grubbing, and grading as necessary to accomplish the construction of the Developer Improvements. The Developer shall commence and complete the Developer Improvements by the respective times established therefor in the Schedule of Performance. III. DEVELOPMENT STANDARDS The Improvements shall conform to all applicable state laws and regulations and to local zoning, applicable provisions of the City Code and the following development standards: A. General Requirements: 1. Vehicular Access. The placement of vehicular driveways shall be coordinated with the needs of proper street traffic flow as approved by City. In the interest of minimizing traffic congestion, City will control the number and location of curb breaks for access to the Site for off-street parking and truck loading. All access driveways shall require written approval of City staff. 2. Building Signs. Signs shall be limited in size, subdued and otherwise designed to contribute positively to the environment. Signs identifying the building use will be permitted, but their height, size, location, color, lighting and design will be subject to City staff approval, and signs must conform to the City Code. 3. Screening. All outdoor storage of materials or equipment shall be enclosed or screened to the extent and in the manner required by City staff.

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4. Landscaping. The Developer shall provide and maintain landscaping within the Site, including the public rights-of-way and within setback area along all street frontages and conforming with the plans as hereafter approved by City. Landscaping shall consist of drought-tolerant landscaping and trees in keeping with the City’s architecture and design guidelines, as well as installation of an automatic irrigation system adequate to maintain such plant material. The type and size of trees to be planted, together with a landscaping plan, shall be subject to City staff approval prior to planting. 5. Utilities. All utilities on the Site shall be underground at Developer’s expense. 6. Building Design. Buildings shall be constructed such that the Developer Improvements shall be of high architectural quality and shall be effectively and aesthetically designed and in conformance with City approvals. 7. Mitigation Measures. Mitigation measures approved in connection with the development of the Site under the California Environmental Quality Act (CEQA). B. Design Features: The following design features are considered essential components to the Improvements: Security - The details of security will be reviewed upon submission of the detailed plans. Overall Design Quality, Materials, Colors, Design Features - Quality of design is important, materials and colors are to be approved by City. IV. DEMOLITION AND SOILS The Developer assumes all responsibility for surface and subsurface conditions at the Site, and the suitability of the Site for the Improvements. The Developer has undertaken all investigation of the Site as it shall deem necessary and has not received or relied upon any representations of City, or its respective officers, agents and employees. V. PHASED PROJECT The contemplated project is a phased project, which the Developer shall submit for all land use approvals at one time. A preliminary Phasing Plan shall be presented to the City Manager for their approval, but the Developer reserves the right to modify the Phasing Plan according to market demand. Entitlements for the entire project are subject to expiration periods set forth in the Lancaster Municipal Code based on project submittal type.

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EXHIBIT C SITE MAP

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EXHIBIT D SITE LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Los Angeles, described as follows: PARCEL ONE: (APN: 3153-067-900) PARCEL 1 OF PARCEL MAP NO. 24886, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 282, PAGES 27-28 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL TWO: (APN: 3153-067-912) PARCEL 3 OF PARCEL MAP NO. 26408, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 321, PAGES 9-10 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCELS THREE AND FOUR: (APNs: 3153-067-913 AND 3153-067-914) PARCEL 4 OF PARCEL MAP NO. 24886, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 282, PAGES 27 TO 28 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE OIL AND MINERAL RIGHTS, PER DEEDS REGISTERED JUNE 17, 1947 AS INSTRUMENT NO. 14010-P AND REGISTERED AUGUST 28, 1947 AS INSTRUMENT NO. 20023-P BOTH IN TORRENS CERTIFICATES. ALSO EXCEPT THE OIL AND MINERAL RIGHTS PER DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917 IN BOOK D-6352, PAGE 718, OFFICIAL RECORDS. PARCEL FIVE: (APN: 3153-067-915) PARCEL 5 OF PARCEL MAP NO. 24886, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 282, PAGES 27 TO 28 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE OIL AND MINERAL RIGHTS, PER DEEDS REGISTERED JUNE 17, 1947 AS INSTRUMENT NO. 14010-P AND REGISTERED AUGUST 28, 1947 AS INSTRUMENT NO. 20023-P BOTH IN TORRENS CERTIFICATES. ALSO EXCEPT THE OIL AND MINERAL RIGHTS PER DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917 IN BOOK D-6352, PAGE 718, OFFICIAL RECORDS. PARCEL SIX: (APN: 3153-015-960) LOT 3, OF TRACT NO. 51796, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1205, PAGES 16 TO 21, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, AS RESERVED IN DEED REGISTERED ON JUNE 17, 1947 DOCUMENT NO. 14010-P OF TORRENS IN THE OFFICE OF THE REGISTRAR OF SAID COUNTY. ALSO EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHEAST QUARTER AND THE SOUTH HALF OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME, TOGETHER WITH ALL GEOTHERMAL STEAM AND STEAM POWER THAT MAY BE WITHIN OR UNDER SAID LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND, OR ANY OTHER LAND INCLUDING THE RIGHTS TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM OTHER LANDS, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP,

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MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, TOGETHER WITH THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE, ALL OR ANY PORTION OF THE SURFACE AND SUBSURFACE OF SAID LAND, AS GRANTED BY DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917, IN BOOK D-6352., PAGE 718, OFFICIAL RECORDS, SAID RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE ALL OR ANY PORTION OF THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND WAS QUITCLAIMED BY DEED RECORDED JULY 18, 1979 AS INSTRUMENT NO. 79-785306. PARCEL SEVEN: (APN: 3153-015-961) PARCEL 7 OF AMENDED PARCEL MAP NO. 24368, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 273 PAGES 65 TO 70, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION DESCRIBED IN A DEED TO LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40, ANTELOPE VALLEY, RECORDED JUNE 12, 1997 AS INSTRUMENT NO. 97-877282. EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, AS RESERVED IN DEED REGISTERED ON JUNE 17, 1947 DOCUMENT NO. 14010-P OF TORRENS IN THE OFFICE OF THE REGISTRAR OF SAID COUNTY. ALSO EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHEAST QUARTER AND THE SOUTH HALF OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME, TOGETHER WITH ALL GEOTHERMAL STEAM AND STEAM POWER THAT MAY BE WITHIN OR UNDER SAID LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND, OR ANY OTHER LAND INCLUDING THE RIGHTS TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM OTHER LANDS, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, TOGETHER WITH THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE, ALL OR ANY PORTION OF THE SURFACE AND SUBSURFACE OF SAID LAND, AS GRANTED BY DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917, IN BOOK D-6352., PAGE 718, OFFICIAL RECORDS, SAID RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE ALL OR ANY PORTION OF THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND WAS QUITCLAIMED BY DEED RECORDED JULY 18, 1979 AS INSTRUMENT NO. 79-785306. PARCELS EIGHT AND NINE: (APNs: 3153-015-962 AND 3153-015-963) PARCEL 8 OF AMENDED PARCEL MAP NO. 24368, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 273 PAGES 65 TO 70, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION DESCRIBED IN A DEED TO LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40, ANTELOPE VALLEY, RECORDED JUNE 12, 1997 AS INSTRUMENT NO. 97-877282. ALSO, EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, AS RESERVED IN DEED REGISTERED ON JUNE 17, 1947 DOCUMENT NO. 14010-P OF TORRENS IN THE OFFICE OF THE REGISTRAR OF SAID COUNTY. ALSO EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHEAST QUARTER AND THE SOUTH HALF OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME, TOGETHER WITH ALL GEOTHERMAL STEAM AND STEAM POWER THAT MAY BE WITHIN OR UNDER SAID LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND, OR ANY OTHER LAND INCLUDING THE RIGHTS TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM

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OTHER LANDS, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, TOGETHER WITH THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE, ALL OR ANY PORTION OF THE SURFACE AND SUBSURFACE OF SAID LAND, AS GRANTED BY DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917, IN BOOK D-6352., PAGE 718, OFFICIAL RECORDS, SAID RIGHT TO DRILL, MINE,STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE ALL OR ANY PORTION OF THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND WAS QUITCLAIMED BY DEED RECORDED JULY 18, 1979 AS INSTRUMENT NO. 79-785306. PARCEL TEN: A NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS OF MOTOR VEHICLES AND PEDESTRIANS TO PERMIT THE FREE FLOW OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO, FROM, OVER AND ACROSS THE SOUTHERLY 12.00 FEET AND THE WESTERLY 15 FEET OF PARCEL 9 AND THE WESTERLY 15 FEET OF PARCEL 10 OF AMENDED PARCEL MAP NO. 24368, IN THE CITY OF LANCASTER, AS PER MAP FILED IN BOOK 273, PAGES 65 TO 70 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

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EXHIBIT E SITE GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:

[Space above for recorder.] GRANT DEED (Including Covenant Pursuant to Section 50079.5 of the California Government Code) For valuable consideration, receipt of which is hereby acknowledged, the CITY OF LANCASTER, a charter city and California municipal corporation (the “Grantor”), hereby grants to VERDANT LANCASTER, LLC., a California limited liability company (the “Grantee”), the real property hereinafter referred to as the “Site,” described in Attachment No. 1 attached hereto and incorporated herein, subject to the existing easements, restrictions and covenants of record described there. 1. Grantor excepts and reserves from the conveyance herein described all interest of Grantor in oil, gas, hydrocarbon substances and minerals of every kind and character lying more than five hundred (500) feet below the surface, together with the right to drill into, through and to use and occupy all parts of the Site lying more than five hundred (500) feet below the surface thereof for any and all purposes incidental to the exploration for and production of oil, gas, hydrocarbon substances or minerals from said Site or other lands, but without, however, any right to use either the surface of the Site or any portion thereof within five hundred (500) feet of the surface for any purpose or purposes whatsoever, or to use the Site in such a manner as to create a disturbance to the use or enjoyment of the Site. 2. The Site is conveyed in accordance with and subject to the Disposition and Development Agreement entered into between Grantor and Grantee dated January 11, 2022 (the “DDA”), a copy of which is on file with Grantor at its offices as a public record and which is incorporated herein by reference. All terms used herein shall have the same meaning as those used in the DDA. 3. If ten (10) or more residential units are developed on the Site, not less than fifteen percent (15%) of the total number of residential units developed on the Site shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of fifty-five (55) years for rental housing and forty-five (45) years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in-

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interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code. 4. Grantor has the right, at its election, to reenter and take possession of the Site, with all improvements thereon, and terminate and revest in Grantor the estate conveyed to Grantee if after the Closing but prior to the issuance and recordation of the Release of Construction Covenants, Grantee (or its successors in interest) shall: a. Fail to start the construction of the Developer Improvements as required by the DDA for a period of seven hundred thirty (730) days after written notice thereof from City; or b. Abandon or substantially suspend construction of the Developer Improvements required by the DDA for a period of thirty (30) days after written notice thereof from City; or c. Fail to complete construction of the Developer Improvements required by the DDA within the time frame set forth in the Schedule of Performance contained therein; or d. Transfer or suffer any involuntary transfer of the Site or any part thereof in violation of Section 625 of the DDA. Such right to reenter, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid or limit: (i) any mortgage or deed of trust permitted by the DDA; or (ii) any rights or interests provided in the DDA for the protection of the holders of such mortgages or deeds of trust. Upon the revesting in Grantor of title to the Site as provided in this Section 3, Grantor shall, pursuant to its responsibilities under state law, use its reasonable efforts to resell the Site for fair market value as soon and in such manner as Grantor shall find feasible to a qualified and responsible party or parties (as determined by Grantor) who will assume the obligation of making or completing the Developer Improvements, or such improvements in their stead as shall be satisfactory to Grantor. Upon such resale of the Site, the net proceeds thereof after repayment of any mortgage or deed of trust encumbering the Site, which is permitted by this Agreement, shall be applied: i. First, to reimburse Grantor all costs and expenses reasonably incurred by Grantor, excluding City staff costs, but specifically, including, but not limited to, any expenditures by Grantor in connection with the recapture, management and resale of the Site or part thereof (but less any income derived by Grantor from the Site or part thereof in connection with such management); all taxes, assessments and water or sewer charges with respect to the Site or part thereof which Grantee has not paid (or, in the event that Site is exempt from taxation or assessment of such charges during the period of ownership thereof by Grantor, an amount, if paid, equal to such taxes, assessments or charges as would have been payable if the Site were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Site or part thereof at the time of revesting of title thereto in Grantor, or to discharge or prevent from attaching or being made any subsequent

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encumbrances or liens due to obligations, defaults or acts of Grantee, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the improvements or any part thereof on the Site, or part thereof; and any amounts otherwise owing Grantor, and in the event additional proceeds are thereafter available, then ii. Second, to reimburse Grantee, its successor or transferee, up to the amount equal to the sum of (a) the costs incurred for the acquisition and development of the Site and for the improvements existing on the Site at the time of the reentry and possession, less (b) any gains or income withdrawn or made by Grantee from the Site or the improvements thereon. Any balance remaining after such reimbursements shall be retained by Grantor as its property. The rights established in this Section 3 are not intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy authorized herein or now or hereafter existing at law or in equity. These rights are to be interpreted in light of the fact that Grantor will have conveyed the Site to Grantee for economic development purposes, and not for speculation in undeveloped land. 5. Grantee covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Site, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Site. The foregoing covenants shall run with the land. Grantee shall refrain from restricting the rental, sale or lease of the Site on any of the bases listed above in this Section 4. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) In deeds. “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” (b) In leases. “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:

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“That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.” (c) In contracts. “There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this Agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” GRANTOR: CITY OF LANCASTER, a charter city and California municipal corporation By: Jason Caudle Its: City Manager GRANTEE: VERDANT LANCASTER, LLC a California limited liability company By: Ashutosh Kadakia Its: Chief Financial Officer

Attachment No. 1 to Exhibit E-5
ATTACHMENT NO. 1 SITE LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Los Angeles, described as follows: PARCEL ONE: (APN: 3153-067-900) PARCEL 1 OF PARCEL MAP NO. 24886, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 282, PAGES 27-28 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL TWO: (APN: 3153-067-912) PARCEL 3 OF PARCEL MAP NO. 26408, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 321, PAGES 9-10 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCELS THREE AND FOUR: (APNs: 3153-067-913 AND 3153-067-914) PARCEL 4 OF PARCEL MAP NO. 24886, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 282, PAGES 27 TO 28 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE OIL AND MINERAL RIGHTS, PER DEEDS REGISTERED JUNE 17, 1947 AS INSTRUMENT NO. 14010-P AND REGISTERED AUGUST 28, 1947 AS INSTRUMENT NO. 20023-P BOTH IN TORRENS CERTIFICATES. ALSO EXCEPT THE OIL AND MINERAL RIGHTS PER DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917 IN BOOK D-6352, PAGE 718, OFFICIAL RECORDS. PARCEL FIVE: (APN: 3153-067-915) PARCEL 5 OF PARCEL MAP NO. 24886, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 282, PAGES 27 TO 28 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE OIL AND MINERAL RIGHTS, PER DEEDS REGISTERED JUNE 17, 1947 AS INSTRUMENT NO. 14010-P AND REGISTERED AUGUST 28, 1947 AS INSTRUMENT NO. 20023-P BOTH IN TORRENS CERTIFICATES. ALSO EXCEPT THE OIL AND MINERAL RIGHTS PER DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917 IN BOOK D-6352, PAGE 718, OFFICIAL RECORDS. PARCEL SIX: (APN: 3153-015-960) LOT 3, OF TRACT NO. 51796, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1205, PAGES 16 TO 21, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, AS RESERVED IN DEED REGISTERED ON JUNE 17, 1947 DOCUMENT NO. 14010-P OF TORRENS IN THE OFFICE OF THE REGISTRAR OF SAID COUNTY. ALSO EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHEAST QUARTER AND THE SOUTH HALF OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME, TOGETHER WITH ALL GEOTHERMAL STEAM AND STEAM POWER THAT MAY BE WITHIN OR UNDER SAID LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND, OR ANY OTHER LAND INCLUDING THE RIGHTS TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM OTHER LANDS, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, TOGETHER WITH THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE, ALL OR ANY PORTION OF THE SURFACE AND SUBSURFACE OF SAID LAND, AS GRANTED BY DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917, IN BOOK D-6352., PAGE 718, OFFICIAL RECORDS, SAID RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE ALL OR ANY PORTION OF THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND WAS QUITCLAIMED BY DEED RECORDED JULY 18, 1979 AS INSTRUMENT NO. 79-785306.

Attachment No. 1 to Exhibit E-6
PARCEL SEVEN: (APN: 3153-015-961) PARCEL 7 OF AMENDED PARCEL MAP NO. 24368, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 273 PAGES 65 TO 70, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION DESCRIBED IN A DEED TO LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40, ANTELOPE VALLEY, RECORDED JUNE 12, 1997 AS INSTRUMENT NO. 97-877282. EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, AS RESERVED IN DEED REGISTERED ON JUNE 17, 1947 DOCUMENT NO. 14010-P OF TORRENS IN THE OFFICE OF THE REGISTRAR OF SAID COUNTY. ALSO EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHEAST QUARTER AND THE SOUTH HALF OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME, TOGETHER WITH ALL GEOTHERMAL STEAM AND STEAM POWER THAT MAY BE WITHIN OR UNDER SAID LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND, OR ANY OTHER LAND INCLUDING THE RIGHTS TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM OTHER LANDS, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, TOGETHER WITH THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE, ALL OR ANY PORTION OF THE SURFACE AND SUBSURFACE OF SAID LAND, AS GRANTED BY DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917, IN BOOK D-6352., PAGE 718, OFFICIAL RECORDS, SAID RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE ALL OR ANY PORTION OF THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND WAS QUITCLAIMED BY DEED RECORDED JULY 18, 1979 AS INSTRUMENT NO. 79-785306. PARCELS EIGHT AND NINE: (APNs: 3153-015-962 AND 3153-015-963) PARCEL 8 OF AMENDED PARCEL MAP NO. 24368, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 273 PAGES 65 TO 70, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION DESCRIBED IN A DEED TO LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40, ANTELOPE VALLEY, RECORDED JUNE 12, 1997 AS INSTRUMENT NO. 97-877282. ALSO, EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, AS RESERVED IN DEED REGISTERED ON JUNE 17, 1947 DOCUMENT NO. 14010-P OF TORRENS IN THE OFFICE OF THE REGISTRAR OF SAID COUNTY. ALSO EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHEAST QUARTER AND THE SOUTH HALF OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME, TOGETHER WITH ALL GEOTHERMAL STEAM AND STEAM POWER THAT MAY BE WITHIN OR UNDER SAID LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND, OR ANY OTHER LAND INCLUDING THE RIGHTS TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM OTHER LANDS, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, TOGETHER WITH THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE, ALL OR ANY PORTION OF THE SURFACE AND SUBSURFACE OF SAID LAND, AS GRANTED BY DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917, IN BOOK D-6352., PAGE 718, OFFICIAL RECORDS, SAID RIGHT TO DRILL, MINE,STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE ALL OR ANY PORTION OF THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND WAS QUITCLAIMED BY DEED RECORDED JULY 18, 1979 AS INSTRUMENT NO. 79-785306. PARCEL TEN: A NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS OF MOTOR VEHICLES AND PEDESTRIANS TO PERMIT THE FREE FLOW OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO, FROM, OVER AND ACROSS THE SOUTHERLY 12.00 FEET AND THE WESTERLY 15 FEET OF PARCEL 9 AND THE WESTERLY 15 FEET OF PARCEL 10 OF AMENDED PARCEL MAP NO. 24368, IN THE CITY OF LANCASTER, AS PER MAP FILED IN BOOK 273, PAGES 65 TO 70 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA ) ) ss. COUNTY OF ____________ ) On _____________________________ , before me, _______________________________ , Notary Public, (Print Name of Notary Public) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer ____________________________________________________________ Title(s) ____________________________________________________________ Title Or Type Of Document Partner(s) Limited General Attorney-In-Fact Trustee(s) Guardian/Conservator Other: _____________________________________ Signer is representing: Name Of Person(s) Or Entity(ies) ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ Number Of Pages ____________________________________________________________ Date Of Documents ____________________________________________________________ Signer(s) Other Than Named Above

F-1
EXHIBIT F RELEASE OF CONSTRUCTION COVENANTS RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:

[Space above for recorder.] RELEASE OF CONSTRUCTION COVENANTS THIS RELEASE OF CONSTRUCTION COVENANTS (the “Release”) is made by the CITY OF LANCASTER, a charter city and California municipal corporation (“City”), in favor of VERDANT LANCASTER, LLC., a California limited liability company (“Developer”), as of the date set forth below. R E C I T A L S A. City and Developer have entered into that certain Disposition and Development Agreement (the “DDA”) dated March 22, 2022, concerning the redevelopment of certain real property situated in the City of Lancaster, California as more fully described in Attachment No. 1 attached hereto and made a part hereof. All capitalized terms utilized herein and not otherwise defined shall have the same meaning as set forth in the DDA. B. As referenced in Section 412 of the DDA, City is required to furnish Developer or its successors with a Release of Construction Covenants upon completion of construction of the Developer Improvements which Release is required to be in such form as to permit it to be recorded in the Recorder’s Office of Los Angeles County. This Release is conclusive determination of satisfactory completion of the construction and development required by the DDA. C. City has conclusively determined that such construction and development has been satisfactorily completed. NOW, THEREFORE, City hereby certifies as follows: 1. The Developer Improvements to be constructed by Developer have been fully and satisfactorily completed in conformance with the DDA. All covenants relating to operating requirements, and use, maintenance and nondiscrimination covenants contained in the DDA shall remain in effect and enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any other provisions of the DDA.

F-2
IN WITNESS WHEREOF, City has executed this Release this day of ____________________, 202__. CITY: CITY OF LANCASTER, a charter city and California municipal corporation By: Its: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney

Attachment No. 1 to Exhibit F-3
ATTACHMENT NO. 1 SITE LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Los Angeles, described as follows: PARCEL ONE: (APN: 3153-067-900) PARCEL 1 OF PARCEL MAP NO. 24886, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 282, PAGES 27-28 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL TWO: (APN: 3153-067-912) PARCEL 3 OF PARCEL MAP NO. 26408, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 321, PAGES 9-10 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCELS THREE AND FOUR: (APNs: 3153-067-913 AND 3153-067-914) PARCEL 4 OF PARCEL MAP NO. 24886, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 282, PAGES 27 TO 28 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE OIL AND MINERAL RIGHTS, PER DEEDS REGISTERED JUNE 17, 1947 AS INSTRUMENT NO. 14010-P AND REGISTERED AUGUST 28, 1947 AS INSTRUMENT NO. 20023-P BOTH IN TORRENS CERTIFICATES. ALSO EXCEPT THE OIL AND MINERAL RIGHTS PER DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917 IN BOOK D-6352, PAGE 718, OFFICIAL RECORDS. PARCEL FIVE: (APN: 3153-067-915) PARCEL 5 OF PARCEL MAP NO. 24886, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 282, PAGES 27 TO 28 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE OIL AND MINERAL RIGHTS, PER DEEDS REGISTERED JUNE 17, 1947 AS INSTRUMENT NO. 14010-P AND REGISTERED AUGUST 28, 1947 AS INSTRUMENT NO. 20023-P BOTH IN TORRENS CERTIFICATES. ALSO EXCEPT THE OIL AND MINERAL RIGHTS PER DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917 IN BOOK D-6352, PAGE 718, OFFICIAL RECORDS. PARCEL SIX: (APN: 3153-015-960) LOT 3, OF TRACT NO. 51796, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1205, PAGES 16 TO 21, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, AS RESERVED IN DEED REGISTERED ON JUNE 17, 1947 DOCUMENT NO. 14010-P OF TORRENS IN THE OFFICE OF THE REGISTRAR OF SAID COUNTY. ALSO EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHEAST QUARTER AND THE SOUTH HALF OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME, TOGETHER WITH ALL GEOTHERMAL STEAM AND STEAM POWER THAT MAY BE WITHIN OR UNDER SAID LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND, OR ANY OTHER LAND INCLUDING THE RIGHTS TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM OTHER LANDS, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, TOGETHER WITH THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE, ALL OR ANY PORTION OF THE SURFACE AND SUBSURFACE OF SAID LAND, AS GRANTED BY DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917, IN BOOK D-6352., PAGE 718, OFFICIAL RECORDS, SAID RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE ALL OR ANY PORTION OF THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND WAS QUITCLAIMED BY DEED RECORDED JULY 18, 1979 AS INSTRUMENT NO. 79-785306. PARCEL SEVEN: (APN: 3153-015-961)

Attachment No. 1 to Exhibit F-4
PARCEL 7 OF AMENDED PARCEL MAP NO. 24368, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 273 PAGES 65 TO 70, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION DESCRIBED IN A DEED TO LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40, ANTELOPE VALLEY, RECORDED JUNE 12, 1997 AS INSTRUMENT NO. 97-877282. EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, AS RESERVED IN DEED REGISTERED ON JUNE 17, 1947 DOCUMENT NO. 14010-P OF TORRENS IN THE OFFICE OF THE REGISTRAR OF SAID COUNTY. ALSO EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHEAST QUARTER AND THE SOUTH HALF OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME, TOGETHER WITH ALL GEOTHERMAL STEAM AND STEAM POWER THAT MAY BE WITHIN OR UNDER SAID LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND, OR ANY OTHER LAND INCLUDING THE RIGHTS TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM OTHER LANDS, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, TOGETHER WITH THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE, ALL OR ANY PORTION OF THE SURFACE AND SUBSURFACE OF SAID LAND, AS GRANTED BY DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917, IN BOOK D-6352., PAGE 718, OFFICIAL RECORDS, SAID RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE ALL OR ANY PORTION OF THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND WAS QUITCLAIMED BY DEED RECORDED JULY 18, 1979 AS INSTRUMENT NO. 79-785306. PARCELS EIGHT AND NINE: (APNs: 3153-015-962 AND 3153-015-963) PARCEL 8 OF AMENDED PARCEL MAP NO. 24368, IN THE CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 273 PAGES 65 TO 70, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION DESCRIBED IN A DEED TO LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40, ANTELOPE VALLEY, RECORDED JUNE 12, 1997 AS INSTRUMENT NO. 97-877282. ALSO, EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, AS RESERVED IN DEED REGISTERED ON JUNE 17, 1947 DOCUMENT NO. 14010-P OF TORRENS IN THE OFFICE OF THE REGISTRAR OF SAID COUNTY. ALSO EXCEPT FROM THOSE PORTIONS OF SAID LAND LYING WITHIN THE NORTHEAST QUARTER AND THE SOUTH HALF OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 12 WEST, ALL OIL, OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME, TOGETHER WITH ALL GEOTHERMAL STEAM AND STEAM POWER THAT MAY BE WITHIN OR UNDER SAID LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND, OR ANY OTHER LAND INCLUDING THE RIGHTS TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM OTHER LANDS, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, TOGETHER WITH THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE, ALL OR ANY PORTION OF THE SURFACE AND SUBSURFACE OF SAID LAND, AS GRANTED BY DEED RECORDED JULY 22, 1974 AS INSTRUMENT NO. 917, IN BOOK D-6352., PAGE 718, OFFICIAL RECORDS, SAID RIGHT TO DRILL, MINE,STORE, EXPLORE AND OPERATE THROUGH OR ON AND UTILIZE ALL OR ANY PORTION OF THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND WAS QUITCLAIMED BY DEED RECORDED JULY 18, 1979 AS INSTRUMENT NO. 79-785306. PARCEL TEN: A NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS OF MOTOR VEHICLES AND PEDESTRIANS TO PERMIT THE FREE FLOW OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO, FROM, OVER AND ACROSS THE SOUTHERLY 12.00 FEET AND THE WESTERLY 15 FEET OF PARCEL 9 AND THE WESTERLY 15 FEET OF PARCEL 10 OF AMENDED PARCEL MAP NO. 24368, IN THE CITY OF LANCASTER, AS PER MAP FILED IN BOOK 273, PAGES 65 TO 70 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY

STAFF REPORT
City of Lancaster
CC 18
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jennifer Seguin, Manager- Communications
Subject: Award RFP 758-22 Production Services Contract
Recommendation:

1. Award RFP 758-22, Production Services Contract, to Corporate Streams of Orange County, California, in the amount of $375,000 to produce and broadcast 2 news hours per week, and 8 non-news programming hours per week. Additionally, the contract includes a budget for special event filming and production services.

2. Authorize the City Manager, or his designee, to sign all documents.

Fiscal Impact:
$375,000 to be appropriated to L28’s Professional Services Account number 101 4207301 from General Fund.

Background:

L28 is the government-operated cable channel for the City of Lancaster. Currently being relaunched, the channel will become a media hub that aims to provide the residents of Lancaster with a place for city updates, entertainment, and community enrichment.

The City aims to keep up with the media needs of a large community in the modern age of information. The top priority will be local-focused news and programming that reflects the Lancaster community, which accurately and effectively communicates crucial information and updates. Programming will also promote local events, businesses, and organizations to foster resident engagement. Programming will be entertaining, informative, and uniquely tailored to the City’s residents. Content will be produced in a timely and thoughtful manner, geared towards a wide range of demographics among City residents. Actively managing and producing new programming for the City’s cable channel will greatly enhance its ability to attract viewership, 8 6
9 inform and build community trust.

The proposed scope of work includes:
● News Hour
○ 2 news hours produced and broadcast per week
■ Filming days: Monday & Tuesday
● 1st hour: Filmed the previous Tuesday, finished edit completed by Friday so we can schedule it before EOD Friday
● Broadcast every day from Monday-Wednesday, once in the morning and once in the evening ● Updates about the previous week/weekend and what’s coming up ■ 2nd hour:
● Filmed on the Monday of broadcasting week
● Broadcast every day from Thursday-Sunday, once in the morning and once in the evening ● Updates about the current week/weekend and what’s coming up ● Other Programming
○ 8 programs produced per week
■ Non-news programming will be shot and edited the month before ■ 30-60-minute episodes per program
■ Examples of programming include, but are not limited to, morning fitness classes, cooking classes, gardening classes, children’s STEAM educational content, human interest features ■ The city’s communications team will determine programming by analyzing editorial calendar and identifying residential needs and interests
○ Special programming for annual events (listed below)
■ All work must be approved by the City before broadcast On February 8, 2022 the City conducted a bid opening for RFP 758-22. Two (2) qualified sealed bids were received by the due date of March 8, 2022 at 2:00 PM. The following bids were received:

Contractor City Bid Amount Corporate Streams Orange County $375,000 Fire Starter Studio Santa Clarita $6,672,000

Attachment:

STAFF REPORT
City of Lancaster
PH 1
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: Condemnation Proceedings – Property Acquisition Tract No. 61041 Location: Avenue L and 56th Street West (APN No. 3204-006-080) Recommendation:

Conduct a hearing pursuant to Code of Civil Procedure section 1245.235, and adopt Resolution No. 22-13, authorizing and directing the condemnation of certain real property located at Avenue L and 56 th Street West (APN No. 3204-006-080 portions thereof) in the City of Lancaster, California, County of Los Angeles, State of California, and declaring the public necessity therefor.

Fiscal Impact:

None. The costs of condemnation will be borne by the developer of the project.

Background:

As a condition of approval of Tentative Tract No. 61041, located at Avenue L and 56th Street West, the developer was required to build public street improvements along Avenue L. The developer was unable to acquire the necessary easements, and requested that the City acquire the property through condemnation proceedings. On December 14, 2021, the City Council approved a Condemnation Agreement.

To construct the improvements as proposed, the City will need to acquire that portion of the subject property that would normally be dedicated for public improvements whenever the property is to be developed.

State law requires a Resolution of Necessity may only be adopted after the City has made an offer to the property owner to purchase the property at full appraised value. The City hired an independent appraiser who determined that the fair market value of the Property is $10,200.00.

By letter dated February 2, 2022, the City offered to purchase property for the full appraised value as required by Government Code Section 7267.2. We have received no response from the property 8 4
6 owner. Even after the resolution is passed, the City may still negotiate with the owner to try to reach an agreement.

By letter dated March 2, 2022, the City provided the owner notice of the City’s intent to consider a resolution of necessity to acquire the Property by eminent domain pursuant to Code of Civil Procedure Section 1245.235.

Resolution of Necessity:

To approve a Resolution of Necessity, the City Council must consider:
a) Whether the public interest and necessity require the project. These street easements are necessary to provide access to and between housing developments on the north and south sides of the subject property.

b) Whether the project is planned and located in the manner that would be most compatible with the greatest public good and the least private injury. These easements are located in a currently vacant parcel with housing developments on every side. This project will connect streets that exist on the north and south sides of the subject property, providing access to homes, and provide safe lane transitions along the streets bordering the east and west sides of the subject property. The street easements are the same locations that the owner would be required to dedicate when the subject property is developed, and are designed to allow the maximum future housing units to be developed on the subject property.
c) Whether the property sought to be acquired is necessary for the project. The proposed streets to provide access and connect existing streets cannot be constructed without these easements.

CEQA Review:

An Initial Environmental Assessment for the project was prepared per California Environmental Quality Act (CEQA) guidelines. The Planning Commission approved the environmental documents at its June 20, 2005, meeting.

AT:vw
Attachments:

Resolution No. 22-13
Exhibit “A” of the Resolution
Notice of Intent to Consider Resolution of Necessity Offer to Purchase Property Environmental Documents - Notice of Determination (filed and posted) RESOLUTION NO. 22-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, AUTHORIZING AND

DIRECTING THE CONDEMNATION OF CERTAIN REAL
PROPERTY LOCATED AT AVENUE L AND 56TH STREET
WEST (APN NO. 3204-006-080 PORTIONS THEREOF) IN THE

CITY OF LANCASTER, COUNTY OF LOS ANGELES, STATE

OF CALIFORNIA, AND DECLARING THE PUBLIC

NECESSITY THEREFOR
WHEREAS, the City of Lancaster, California (“City”), is a chartered municipal corporation organized and operating under its charter and the laws of the State of California; and WHEREAS, the City is granted the power of eminent domain by Government Code Section 40404; and
WHEREAS, the City is authorized to exercise its power of eminent domain pursuant to the provisions of Section 1230.020, et seq. of the Code of Civil Procedure; and WHEREAS, the City seeks to acquire by eminent domain, an easement in certain real property located at Avenue L and 56th Street West, Lancaster, California, identified by Assessor’s Parcel No. 3204-006-080 and further shown in Exhibit “A” attached hereto (“Property”) for the construction of public street improvements (“Project”). In order to construct the Project, the City will need to acquire a street easement (“Easement”) in that portion of the Property that would normally be dedicated for public improvements whenever the Property is to be developed; and WHEREAS, the City duly provided the owner of record for the Property with a pre- condemnation offer to purchase the easement pursuant to Government Code Section 7267.2; and WHEREAS, the City provided the owner of record for the Property with notice of the City’s intention to adopt a resolution of necessity to acquire the Easement by eminent domain pursuant to Code of Civil Procedure Section 1245.235; and WHEREAS, a hearing was held by the City on March 22, 2022 (“Hearing”), at which the matters set forth in Code of Civil Procedure section 1240.030 were discussed regarding the Project and the Easement; and
WHEREAS, the City has provided all persons a reasonable opportunity to appear and be heard on those matters referred to in section 1240.030 of the Code of Civil Procedure regarding the Project and the Easement; and
WHEREAS, at the Hearing, information on the Project and the matters set forth in this resolution was presented by City staff to the City Council of the City of Lancaster, California (“City Council”); and
WHEREAS, the City Council desires to make the required findings and determinations in connection with its proposed location of the Project and the acquisition of the Easement for the Project by eminent domain.
2 2
7 9

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER, AS FOLLOWS:

Section 1. The public interest and necessity require the Project for City purposes, which purposes are public uses authorized by law and include, but are not limited to, the construction of public street improvements. These street improvements are necessary to provide access along Avenue L.

Section 2. The Project is planned and located in a manner most compatible with the greatest public good and the least private injury. The Project will allow for street widening including sidewalks along Avenue L providing safe lane transitions and pedestrian access along the street fronting the Property. The street Easement is in the same location that the owner would be required to dedicate when the Property is developed, and are designed to allow the maximum future housing units to be developed on the Property.

Section 3. The taking and acquiring by the City of the Easement within the Property is necessary for the Project. The Project cannot be constructed without the Easement. The proposed street provides access and connectivity to existing streets cannot be constructed without the Easement.

Section 4. Government Code Section 40404, among other provisions of the statutes of the State of California, permit, and empower this acquisition of fee title interest or easement interest in the Property by the City through its exercise of the power of eminent domain for the stated public use.

Section 5. The City duly provided the owner of record for the Property with a pre- condemnation offer to purchase the Property pursuant to Government Code Section 7267.2.

Section 6. The City duly provided the owner of record for the Property with notice of the City’s intention to adopt a resolution of necessity to acquire the Property by eminent domain pursuant to Code of Civil Procedure Section 1245.235.

Section 7. The City duly provided all persons a reasonable opportunity to appear and be heard on those matters referred to in section 1240.030 of the Code of Civil Procedure regarding the Project and the Property.

Section 8. To the extent that any portion of the Property is currently appropriated for a public use, the use for which the Property is sought to be taken is a more necessary public use, and the City is empowered to take for a more necessary public use pursuant to Code of Civil Procedure section 1240.610.

Section 9. In accordance with the California Environmental Quality Act (Pub. Res.

Code, § 21000 et seq.), the potential environmental impact of the proposed acquisition was evaluated in a Notice of Determination adopted on June 28, 2005.

Section 10. The City Attorney of the City of Lancaster, the law firm Stradling Yocca Carlson & Rauth, is authorized, empowered, and directed to prepare, commence, and prosecute an 2 2
7 9
eminent domain action or actions in the Superior Court of the State of California, in and for the County of Los Angeles, in the name and on behalf of the City against all owners and persons and entities claiming or having interests in the Property for the purpose of performing and carrying out all proceedings and steps incident to the condemnation and the acquisition of the Easement, including obtaining warrants for deposit of funds, orders for prejudgment possession, and other steps necessary to acquire an Easement over the Property by and for the City.

PASSED, APPROVED, and ADOPTED this 22nd day of March, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ ______________________________ Andrea Alexander R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF LANCASTER )

CERTIFICATION OF RESOLUTION

CITY COUNCIL
I, ______________________, _________________________ City of Lancaster, CA, do hereby certify that this is a true and correct copy of the original Resolution No. 22-13 for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, CALIFORNIA, on this _________ day of ________________, 2022.
(seal)
__________________________________

R. REX PARRIS RAJ MAHLI

MAYOR COUNCIL MEMBER

MARVIN CRIST KEN MANN

VICE MAYOR COUNCIL MEMBER

DARRELL DORRIS JASON CAUDLE

COUNCIL MEMBER CITY MANAGER

44933 Fern Avenue
Lancaster, CA 935534
661.723.6000
cityoflancasterca.org
March 2, 2022

Certified Mail No. 9171 9690 0935 0124 4483 10

950 N San Vicente Blvd #200
Los Angeles Ca 90069

Re: Street Easements
Dear Robert H. Cheng, Sau Yu Cheng, and Yeh L. Cheung:

As you are aware, the City of Lancaster (“City”) seeks to acquire rights to a portion of certain real property located at Avenue L and 56 th Street West Lancaster, California identified by Assessor’s Parcel No. 3204 -006-080 and further described in Exhibit “A” attached hereto (“Property”). The City proposes to acquire easements over a portion of your Property for public street improvements (“Project”). The City previously gave notice of offer to purchase property pursuant to Government Code Section 7267.2 (“Offer”) by letter to you dated February 2, 2022 for the full appraised fair market value.

The Offer is attached hereto as Exhibit “B.” The City has not received an acceptance or offer to negotiate from you. Therefore we are beginnin g the condemnation process.

California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project only if the following conditions are established:

The public interest and necessity require the project;
The project is planned or located in the manner that would be most compatible with the greatest public good and the least private injury; and The property sought to be acquired is necessary for the project.

YOU ARE HEREBY NOTIFIED that it is the intent of the City, to hold a public hearing on March 22, 2022 at 5:00 p.m. (or as soon thereafter as the matter may be heard) at the Council Chambers of the City of Lancaster located at 44933 Fern Avenue, Lancaster, CA 93534 to co nsider the adoption of a Resolution of Necessity to determine if the above listed conditions are met concerning the Project, and to vote on a Resolution of Necessity to acquire the Property by eminent domain. The Resolution will authorize the City to acquire the real property, any improvements pertaining to the realty, leasehold Page | 2

Page Two
March 2, 2022
RE: Street Easements

interests, and all interests therein, for public purposes by the exercise of the power of eminent domain. The meeting will also be broadcast live on Zoom (see attached for Zoom login information), in accordance with Governor’s Executive Order N-29-20.

If you wish to appear and be heard at this hearing regarding the taking of the Property and the matters in Code of Civil Procedure Section 1240.030 listed above, please notify the City Clerk of the City of Lancaster and file a written request to appear and be heard with the City Clerk as soon as possible.

Failure to file a request to appear and be heard may result in waiver of the right to appear and be heard. The City Clerk is located at 44933 Fern Avenue, Lancaster, California 93534 and any request to appear should be addressed as follows:

Andrea Alexander, City Clerk
City of Lancaster
44933 Fern Avenue,
Lancaster, CA 93534
(661) 723-6020
[email protected]

Regular business hours are Monday through Thursday, 7:30 a.m. to 5:00 p.m, and 7:30 a.m. to 4:00 p.m. on Fridays. For further information on this proceeding or to discuss the Offer please contact me at (661) 945-6896.

Sincerely,

Allen Thompson
Manager - Capital Engineering

Attachments:

Zoom meeting access information
Exhibit A- Legal Description
Exhibit B – Offer to Purchase Property Letter dated 2/02/2022

Notice of Determination
To: Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk
County of Los Angeles
Environmental Filings
12400 E. Imperial Hwy., Rm.2001
Norwalk, CA 90650
From: Department of Community Development
City of Lancaster
44933 North Fern Avenue
X
Lancaster' cA e3'3F'ILED
JUN 2 s 2005
CONNYB. M ()()UNTY CLERK
(Date received for filing) J.

Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.

Tentative Tract Man No 051041
Project Title
Randie Davis rc6r\ 723-6t00
Area Code/Telephone/Extension
Project Location - General: City of Lancaster, County of Los Angeles, State of Califomia Project Location - Specific: l5.l+ gross acres located on the northwest corner of future 55th Street West and future Avenue L
Project Description: A subdivision ofl10 single family lots in the R-10,000 Zone This is to advise that the City of Lancaster (i.e. Lead Agency) has approved the above described project on June 20, 2005 and has made the following determinations regarding the above described project:

1. The project will not have a significant effect on the environment.

2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures were made a condition of the approval of the project.

4. A Statement of Overriding Considerations was not adopted for this project.

5. Findings were made pursuant to the provisions of CEQA.

This is to certiff that the Initial Study is available to the General Public at Lancaster City Hall, Department of Community Developm ent, 44933 Fern Avenue, Lancaster, Califomia.

Randie Davis Date
State Clearinghouse Number
(If submitted to Clearinghouse)
605-6. l
Revised 2llll94
Lead Agency
Contact Person
:rX 1
,;1
utsNon6TWiS
ON
UNNI
{.}5 ii0-t566.g.ifu:-
i,:'.{i:i,:.", ;. ;j;: i";,
NEGTSTRAA.NEMNDEVOOIJI.'rYCT,ENT
a
FILED
Applicant and Address: Royal Investors Group JUN 2 S 2005 i:lttr#::,T:il[f#36f#'" too ooNNYB.MccQlMrci.c'.,NTvcrERK ProjectDescription:Asubdivisionfor86singlefamilylotsin,n"*.,,ooo

CALIFORNTA DEPARTMENT OF FISH AND GAME

CERTIF'ICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project Titleilocation (including county), Name and Address of Project Proponent:

Case No. Tentative Tract Map No. 061041
Location: 15.1+ gross acres located on the northwest corner of future 55th Street West and future Avenue L, City of Lancaster, Los Angeles County
LegalDescription: See attached
Findings of Exemption:

An initial study has been conducted by the lead agency so as to evaluate the potential for adverse environmental impacts.

Upon consideration of the record as a whole, there is no evidence before the agency that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends.

The lead agency has, on the basis of substantial evidence in the record, rebutted the presumption of adverse effect contained in subsection (d), Section 753.5 of Title 14, of the California Code of Regulations, and adopted a mitigated Negative Declaration on June 20, 2005, with the finding the project will not have an adverse impact on the environment after mitigation measures have been applied.
a
o
Certification:

I hereby certi$r that the lead agency has made the above finding of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife rescurces, as defined in Section 711.2 of the Fish and Game Code.

Pr,e {--a\o"r-k
Dave Ledbetter
Principal Planner
City of Lancaster (Lead Agency)
Community D evelopment Department
DFG 753.5,519r
tl5 (i{rL 566S
I
a
/
Order No. 19342281

EXHIBIT ''ONE''
Parcel 1 :

The East half of the East one-half of the Southeast Quarter of the Southwest Quarter of Section 26, Township 7 North, Range 13 West, San Bernardino Meridian, in the City of . .

Lancaster, County of Los Angeles, State of California, according to the official plat of said land approved by the Surveyor General on February 19, 1856.

Parcel 2:

The West half of the East half of the Southeast Quarter of the Southwest Quarter of Section 26, Township 7 North, Range 13 West, San Bernardino Meridian, in the City of Lancaster, County of Los Angeles, State of California, according to the official plat of said land.

Parcel 3:

The East half of the West half of the Southeast Quarter of the Southwest Quarter of Section 26, Township 7 North, Range 13 West, San Bernardino Meridian, in the County of Los Angeles, State oi California, according to the official plat of said land approved by the Surveyor General on February 19, 1856.

Assessor's Parcel No: 32o4-0 oa-ol{lzoq-ooa-ot{ s2o4-oo6-o7g !t
t
I
2 STAFF REPORT
City of Lancaster
NB 1
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director – Parks, Arts, Recreation, & Community Services Subject: Statewide Park Program Grant Funds
Recommendation:

A. Accept Statewide Park Program Grant Funds in the amount of $8,413,446 to revenue account 349-3313-000.

B. Appropriate Statewide Park Program Grant Funds in the amount of $8,413,446 to expenditure account 349-11ZZ010-924.

Fiscal Impact:

No impact to general fund. The project will be funded by grant funds.

Background:

In 2020, the California State Department of Parks announced the Statewide Park Development and Community Revitalization Program (SSP) Round 4, which would provide funds to communities to develop and revitalize parks and recreation opportunities in underserved communities. Cities were eligible to apply for competitive grants ranging from $200,000 to $8,500,000.

On February 23, 2021 City Council approved Resolution 21-02, which approved the filing of an application for the El Dorado Park Renovation Project and authorized the City Manager to execute all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope.

Staff worked with consultants to conduct community outreach, write the grant, and prepare a conceptual design for the project. A total of five community based planning meetings were held to solicit input on amenities and design from residents. The feedback was used to develop the scope of the grant and make the final selection of new and renovated park amenities. The grant application requesting $8,413,466 was submitted to the California Department of Parks and Recreation Office of Grants and Local Services in March 2021.

On December 8, 2021 staff was notified the El Dorado Park Renovation Project had been selected 8 5
8 as a grant recipient for SSP Round 4 funds. The grant application process was highly competitive with the State receiving 468 project applications requesting $2.42 billion dollars. The City of Lancaster is 1 of a 112 applicants to be selected for SPP Round 4 funding totaling $548.3 million dollars statewide.

The project will construct a new 10,585 square foot community center, half-court basketball court with lighting, splash pad with lighting, skate spot with lighting, plaza with tables and shade sails, two picnic shelters, pathways, and landscaping and lighting throughout the park. It will also renovate and expand the playground, including new swing set and inclusive play equipment. As well as renovate the jogging trail, install new lighting and outdoor exercise stations.

The project will be managed by Capital Engineering as Capital Improvement Project #11ZZ010.

Under the grant contract, the city is required to have the renovation project completed and the park opened for use by June 30, 2025.

Attachment:

Award Notice

STAFF REPORT
City of Lancaster
NB 2
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jason Caudle, City Manager
Trolis Niebla, Assistant City Manager
Jeff Hogan, Senior Director – Development Service
Subject:Approval of a Conduit License Option Agreement with Race Telecommunications, LLC dba Race Communications for Citywide Fiber Optic Cable Installation
Recommendation:

Approve a Conduit License Option Agreement with Race Telecommunications, LLC dba Race Communications (Race). The agreement will grant Race a three year option to license a portion of the City’s unused, available conduit system capacity. If and when the option is exercised, Race will have the right to use the public rights-of-way to install and operate a fiber-optic network and appurtenant equipment throughout the City; and license up to 5% of the City’s unused, available conduit system capacity for the purpose of providing residential and commercial fiber-optic broadband connectivity. Authorize the City Manager, or his designees, to sign all documents.

Fiscal Impact:

Race will compensate the City’s actual plan check, permit, inspection, and administration costs throughout the planning and construction of the project. During the option period (36 months), Race will make an annual payment of $4,077.00 or 1% of the cost to license the excess capacity of all of the City’s 232,955 linear feet of conduit. Additionally, If and when it exercises the option, Race will pay an annual license fee of $1.75 per linear foot of conduit, a total of $407,671.25.

Background:

The City is supportive of the development of a fiber-optic network that would provide businesses and residential development throughout the City with inexpensive and reliable high- speed internet. With more people working from home and students learning through online and virtual classrooms it is essential that residents have access to high-quality service throughout the City.
8 6
6 Race Communications, a privately-owned telecommunications company regulated by the California Public Utilities Commission, has proposed to fund the deployment of fiber optics and to serve as one of the City’s Internet Service Providers (ISP). As of 2022, Race has successfully deployed fiber and serves as an ISP for communities in Los Angeles County, Kern County, San Bernardino County, Nevada, and San Diego County.

This project will be entirely funded by Race-acquired private capital at no cost to the City.

Through expedited approval and installation processes including micro-trenching, the implementation timeline is expected to be up to twenty-four (24) months. Race will maintain ownership and provide maintenance of the fiber optic system. Race will also provide internet services for customers. The fiber optic system will provide the infrastructure needed to further City technology initiatives and innovative opportunities such as 5G.

PG/sk
Attachments:

Conduit License Option Agreement

CONDUIT LICENSE OPTION AGREEMENT
THIS CONDUIT LICENSE OPTION AGREEMENT (“Agreement”) is entered into as of March ___, 2022 (“Effective Date”) by and between the CITY OF LANCASTER, a California municipal corporation and charter city (“City” or “Licensor”), and RACE TELECOMMUNICATIONS, LLC, a California limited liability company (“Licensee”) (City and Licensee are individually a “Party” and collectively the “Parties”).

RECITALS
A.City owns a system of conduit, innerduct, manholes and handholes (“Conduit System”), as generally described and depicted in Exhibit A, within and under certain street, sidewalk, alley, and other rights-of-way throughout City’s jurisdictional boundaries. City desires to license unused, available Conduit System capacity to telecommunication providers for the purpose of providing residential and commercial fiber optic broadband connectivity.

B.Licensee desires to install, use, and maintain its own fiber optic telecommunication cables and appurtenances (“Licensee Fiber”) in the Conduit System, subject to the terms of this Agreement and at Licensee’s sole cost and expense.

C.The Parties desire to enter into this Agreement in order for City to grant Licensee an option to license a portion of the Conduit System as and to the extent described and/or depicted herein for the specific and limited purpose of Licensee installing, using, and maintaining the Licensee Fiber.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Incorporation of Recitals. The foregoing recitals are incorporated in and constitute a substantive part of this Agreement.

2. Grant of Option. Subject to the terms and condition of this Agreement, City hereby grants to Licensee an exclusive and irrevocable option (“Option”) for a non-exclusive license (“License”) to use a portion of the Conduit System (“License Area”) as and to the extent described and/or depicted in Exhibit B.

3. Term of Option. The term of the Option (“Option Term”) shall be for a 36 month period beginning on the Effective Date, provided, however, that Licensee shall have the right at any time prior to exercising the Option to terminate this Agreement as to all or any portion of the License Area by giving written notice to City. Upon termination of this Agreement for any reason, the Parties’ respective obligations shall become null and void and of no further force or effect.

4. Option Payments. In consideration of the rights granted hereunder, Licensee shall pay to City the sum of $4,077.00 per year during the Option Term, annually in advance.

5. Method of Exercising Option. Licensee may exercise the Option at any time during the Option Term by giving written notice to City (“Exercise Notice”). Upon the timely and proper 2 exercise of the Option, City agrees to grant, and Purchaser agrees to accept, the grant of the License, in accordance with and subject to the terms and conditions of this Agreement.

6. Grant of License. If and when Licensee properly exercises the Option, and subject to the terms and condition of this Agreement, City grants to Licensee a non-exclusive License to use the License Area as and to the extent described and/or depicted in Exhibit B. The License granted in this Agreement is for the specific and limited purpose of Licensee installing, using, and maintaining the Licensee Fiber. Upon the expiration or termination of the License, subject to any extension or renewal, Licensee shall remove, at its sole cost and expense, the Licensee Fiber from the License Area. In the event Licensee fails or refuses to timely remove the Licensee Fiber, City may remove the Licensee Fiber at Licensee’s expense and Licensee shall promptly pay City upon City’s demand the full cost of such removal. City may take possession of, and appropriate to itself without payment therefore, any of the Licensee Fiber or other property that Licensee fails to remove and that remains in, on or under City’s Conduit System, public roads, highways, street and/or other right of ways subsequent to the expiration or termination of the License. The License Area is provided “AS-IS,” “WHERE-IS” and “WITH ALL-FAULTS” subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating use of License Area.

7. Term of License. The term of the License (“License Term”) shall commence, if at all, at 12:01 a.m. on the date specified in Licensee’s Exercise Notice and shall automatically terminate and be of no further force and effect at midnight on ____________, 20___, unless terminated sooner as provided herein. Notwithstanding the foregoing, the Parties may mutually agree in writing to extend the License Term of this Agreement. If the Exercise Notice does not specify a particular commencement date, the License Term shall commence at 12:01 a.m. of the following day. If the Exercise Notice specifies a commencement date that is after expiration of the Option Term, the Exercise Notice shall be void and of no force or effect.

8. License Fee. As a fee for the License, Licensee agrees to and shall pay to City the sum of $407,671.25 per year during the License Term, annually in advance.

9. City’s Use of License Area. Licensee shall not interfere in any manner with the existence and operation of any public and private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers, cable television, and other telecommunications, utility, and municipal property without the approval of the owner(s) of the effected property or properties.

10. No Grant of Property Interest. This Agreement, including the License granted herein, is not a grant by City of any property interest and is expressly made subordinate to the prior and continuing right of City and its assigns to use the License Area in the performance of its duty, including, but not limited to, public use as a street and for the purpose of laying, installing, maintaining, repairing, protecting, replacing and removing sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers, cable television, and other telecommunications, utility and municipal uses, together with appurtenances thereof and with right of ingress and egress, along, over, across and in the License Area. This Agreement, including the License granted herein, is subject to all easements, restrictions, conditions, covenants, encumbrances and claims of title which may affect the License Area, and it is understood that Licensee, at its sole cost 3 and expense, shall obtain such permission as may be necessary and consistent with any other existing rights. City makes no representation, express or implied, concerning ownership or state of title of the License Area.

11. No Grant of Property Interest. This Agreement, including the License granted herein, is not a grant by City of any property interest and is expressly made subordinate to the prior and continuing right of City and its assigns to use the License Area in the performance of its duty, including, but not limited to, public use as a street and for the purpose of laying, installing, maintaining, repairing, protecting, replacing and removing sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers, cable television, and other telecommunications, utility and municipal uses, together with appurtenances thereof and with right of ingress and egress, along, over, across and in the License Area. This Agreement, including the License granted herein, is subject to all easements, restrictions, conditions, covenants, encumbrances and claims of title which may affect the License Area, and it is understood that Licensee, at its sole cost and expense, shall obtain such permission as may be necessary and consistent with any other existing rights. City makes no representation, express or implied, concerning ownership or state of title of the License Area.

12. Licensee Fiber.

12.1. Installation, Operation, and Maintenance; Cost. The cost of installing, operating, and maintaining the Licensee Fiber shall be solely the responsibility of Licensee; under no circumstance shall City incur any obligation or liability for any cost associated with or related to the installation, operation and/or maintenance of the Licensee Fiber. Licensee shall keep the License Area free from all liens arising out of any work performed, material furnished, or obligations incurred by Licensee. Any Licensee Fiber installed pursuant to this Agreement upon any public highway, street or right-of-way that later becomes a state highway (with respect to the area within which such Licensee Fiber has been installed) shall be maintained consistent with applicable laws of the State of California relating to the control and maintenance of any such state highway and applicable rules and regulations adopted by any agency or department of the State of California that has jurisdiction over such state highway.

12.2. Compliance with Law; City Permit. Licensee shall install, operate, and maintain the Licensee Fiber consistent with and subject to all applicable federal, state, and local laws and regulations, including, without limitation, all applicable ordinances and regulations adopted by City. Licensee shall not commence installation of any Licensee Fiber without first obtaining approval of the locations, methods of installation, and an encroachment permit from City. All installation of Licensee Fiber will take place during the period specified on such permit. Licensee shall not commence any repair or maintenance, which disturbs the surface of any highway or obstructs its public use, without first obtaining a new encroachment permit from City. All activities undertaken and work performed by Licensee shall be performed with the least possible interference with the use of the public highways, streets, or other rights-of-way for purposes of travel. Any excavation of a public highway, street or other right-of way shall be backfilled, and the surface placed in as good condition as it was prior to such excavation and to City’s satisfaction. City may, but is not required to, perform repairs of any public highway, street, or other right-of way which Licensee may have excavated pursuant to this Agreement. Workmanship and the cost of any repair of any public highway, street, or other right-of 4 way which Licensee may have excavated pursuant to this Agreement shall be consistent with industry standards and rates. All costs and expenses incurred by City to this section shall be invoiced to Licensee and Licensee shall pay such invoice(s) upon demand. No action taken by City pursuant to this section shall constitute a waiver of any of Licensee’s obligations hereunder.

12.3. Cost to Repair Public Property. Licensee shall pay City, on demand, the cost of all repairs to public property to the extent made necessary by any of the activities of Licensee under this Agreement.

12.4. Removal or Relocation. The State of California and any municipal corporation, political subdivision or governmental agency or instrumentality of the State of California acting in a governmental capacity may improve (or remove improvements from) any public highway, street, or right-of-way within, upon or under which the Licensee Fiber has been installed pursuant to the License granted in this Agreement. If notice in writing is given to Licensee at least ten (10) days in advance that work is to be done pursuant to this section, Licensee shall do all things necessary to protect and/or preserve the Licensee Fiber. If ordered by City’s Development Services Director, or by the governmental agency performing such work, Licensee shall disconnect, remove, or relocate the Licensee Fiber to the extent, in the manner, and for the period necessary to permit the performance of such work, which shall all be at the discretion of City’s Development Services Director, in accordance with generally recognized engineering and construction methods. All removal, relocation and/or other work required by this section shall be performed at Licensee’s sole cost and expense. Without limiting the foregoing, City expressly reserves the right, through its Development Services Director, to: (i) change the grade, alignment, or width of any public highway, street and/or right-of-way over, within, or upon which the Licensee Fiber is installed pursuant to the License granted in this Agreement; and/or (ii) extend, place, lay or construct an installation of any kind or nature including the construction of any subway or viaduct, whether or not it interferes with and requires Licensee to remove and/or relocate the Licensee Fiber. In the event City’s Development Services Director exercises any of the foregoing rights, ten (10) days prior written notice shall be provided to Licensee informing Licensee of its obligation to remove and/or relocate the Licensee Fiber.

13. Insurance. Licensee shall secure a comprehensive general liability insurance policy with limits of $1,000,000 per occurrence ($2,000,000 aggregate) from a company licensed to operate in the State of California with an A.M. Best rating of A-:VII or better. Licensee shall maintain the policy in full force and effect for the duration of this Agreement. The policy shall name City and its entities as additional insureds and be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice (ten (10) days written notice for non- payment) by Certified Mail, return receipt requested to the City. Licensee shall furnish a certificate of liability insurance to City.

Licensee shall secure, pay for, and maintain in full force and effect for the duration of this Agreement, Workers’ Compensation Insurance for Licensee’s workers at the License Area to the extent required by law, and shall furnish a Certificate of Insurance to City before commencement of the License Term. City, its officers, employees, agents, representatives, and attorneys shall not be responsible for any claims in law or equity occasioned by the failure of Licensee to comply with this section.
5 14. Release and Indemnification. Licensee hereby fully and irrevocably releases the City, including its elected officials, employees, and agents, from any and all claims that Licensee may now have or hereafter acquire against City, including its elected officials, employees, and agents, for any action, cause of action, claim, cost, damage, demand, expense (including, without limitation, attorneys’ fees and expenses), fine, judgment, liability, lien, loss, or penalty, whether foreseen or unforeseen, direct or indirect, arising from or related to Licensee’s entry upon or use of the License Area under this Agreement, except to the extent caused by the willful misconduct of City. Licensee further acknowledges and agrees that this release shall be given full force and effect according to each of its expressed terms and provisions, including, but not limited to, those relating to unknown and suspected claims, damages and causes of action. Licensee agrees to indemnify, defend and hold City, including its elected officials, employees, and agents, harmless from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including, but not limited to, attorneys’ fees and costs) of any kind or nature which arise or in any way relate to Licensee’s entry upon or use of the License Area under this Agreement, except to the extent caused by the negligence or willful misconduct of City. The provisions of this section shall survive the expiration or termination of this Agreement.

15. Revocability and Termination. City shall have the right to revoke the License, and all other rights granted to Licensee herein, in the event of Licensee’s material breach of this Agreement, immediately upon written notice to Licensee. In any event, this License, and all other rights granted to Licensee herein, shall terminate, without notice and without any further action, at the end of the License Term. Notwithstanding the expiration, revocation or termination of the License, the indemnities, rights, obligations, and releases contained in this Agreement shall remain in full force and effect in perpetuity.

16. Designated Representatives.Each Party shall designate an individual to serve as the primary representative for that Party to coordinate the execution of the activities required, contemplated, or in the spirit of this Agreement. The Parties designate the following individuals to act as their primary representative:

City: [Name]
[Phone Number]
Licensee: [Name]
[Phone Number]
A Party may change the individual designated to act as that Party’s primary representative at any time provided that the Party changing the individual designated as that Party’s primary representative provides the other Parties with reasonable advanced notice of the identity and contact information for that Party’s new primary representative. The Parties further agree that they have an ongoing obligation to provide the other Parties with current contact information for the individual designated as the Party’s primary representative and will inform the other Parties immediately if their designated primary representative’s contact information changes.

17. Independent Contractors.The Parties hereto agree that each Party, and any of its agents, servants, or employees of each Party, in the performance of this Agreement, shall act in an independent capacity and not as officers, servants, agents or employees of the other Parties. 6 18. Waiver. Any waiver with respect to any provision of this Agreement shall not be effective unless in writing and signed by all Parties hereto. The waiver by any Party of any breach of any term, covenant, or condition herein contained shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained.

19. Amendments; Integration. This Agreement constitutes the entire agreement between the Parties on the matters addressed herein. This Agreement cannot be orally modified. Any amendment or modification to this Agreement must be in writing, signed by the Parties. It is mutually understood and agreed that no alterations or variation of the terms of this Agreement shall be valid unless made in writing and signed by each of the Parties hereto, and that no oral understanding or agreement not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the Parties hereto, shall be binding on any of the Parties hereto.

20. Time of the Essence.Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor.

21. Counterparts. This Agreement may be executed in identical counterpart copies, each of which shall be an original, but all of which taken together shall constitute one and the same agreement.

22. Notices. Any notices pursuant to this Agreement shall be in writing and sent (i) by Federal Express (or other established express delivery service which maintains delivery records), (ii) by hand delivery, (iii) by certified or registered mail, postage prepaid, return receipt requested, or (iv) by email, if at least one other method is used, to the following addresses:

To City: City of Lancaster
44933 Fern Avenue
Lancaster, California 93534
Attention: ____________________
Email: ____________________
To Licensee: Race Telecommunications, LLC
____________________
____________________
Attention: ____________________
Email: ____________________

23. Construction. This Agreement shall not be construed against any Party that was involved in preparing it but shall be construed as if all Parties jointly prepared this Agreement, and any uncertainty and ambiguity shall not be interpreted against any one Party.

24. Governing Law. This Agreement is to be interpreted, enforced, and governed by and under the laws of the State of California, regardless of the conflicts of laws rules of any individual state.

25. Warranty of Authority. Each Party represents that it is authorized to enter into, execute, deliver, and perform this Agreement, that it has all necessary authority from its boards, officers, directors, members, partners, or others whose authority or consent may be required to enter 7 into this Agreement, and that no other acts, votes, or other proceedings are necessary on the part of any Party to authorize this Agreement.

26. Cooperation; Further Acts. The Parties agree to fully cooperate to accomplish the terms, purpose, and spirit of this Agreement, including but not limited to executing such documents and taking such other actions as may be reasonably necessary to implement the purpose of this Agreement.

27. Captions and Headings. The paragraph headings, captions, and titles used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify, or otherwise be used in the interpretation of any of the provisions hereof.

28. Assignment. Licensee shall not sell, assign, sublease, or otherwise transfer this Agreement or any right herein, either in whole or in part (each of which events is referred to in this Agreement as an “Assignment”), except to an affiliate, without prior written approval of City; any such approval shall be at the sole and absolute discretion of City. City shall condition any partial or complete Assignment of this Agreement upon, at a minimum, the proposed assignee’s express assumption of this Agreement. Any purported assignment without the prior written consent of City shall be null and void and shall confer no rights whatsoever upon any purported assignee or transferee.

29. Binding Agreement. This Agreement shall be binding upon each of the Parties and shall be enforceable by any Party against any of the other Parties. This Agreement shall also be binding upon the Parties respective heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of each party and to their respective heirs, administrators, representatives, executors, successors, and assigns.

IN WITNESS WHEREOF, the Parties have approved and executed this Agreement as of the date first set forth above.

LICENSOR:

CITY OF LANCASTER,
a California municipal corporation and charter city
By: _____________________________
Name: _____________________________
Its: _____________________________
LICENSEE:

RACE TELECOMMUNICATIONS, LLC,
a California limited liability company
By: _____________________________
Name: _____________________________
Its: _____________________________
8 A-1

EXHIBIT A

CONDUIT SYSTEM

B-1

EXHIBIT B

LICENSE AREA
Race Communications is granted a license to use 5% of the conduit constituting the license area depicted in Exhibit A.

STAFF REPORT
City of Lancaster
CR 1
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Vice Mayor Marvin Crist
Subject: Summary of the February 22, 2022, Board of Directors Meeting for the Antelope Valley Transit Authority (AVTA)
The AVTA is a distinct government entity created under a joint powers authority agreement between the City of Lancaster, the City of Palmdale, and Los Angeles County that provides public transit services. Vice Mayor Marvin Crist serves as the Chairman, and Councilman Raj Mahli serves as a Director on behalf of the City of Lancaster.

The following is a summary of the item discussed during the Regular Board of Directors Meeting of the Antelope Valley Transit Authority (AVTA) held on February 22, 2022.

The following members were present:

Chairman Marvin Crist
Vice Chair Dianne Knippel
Director Raj Mahli
Director Michelle Flanagan
Director Steve Hofbauer
Director Richard Loa
The following actions were taken:
The Board adopted Resolution No. 2022-005, appointing the Executive Director/CEO and the Chief Financial Officer to sign all necessary documents with the State of California in order to become a Medi-Cal medical services provider. Approved (6-0-0-0). The Board approved the Proposed FY 2022 Mid-Year Budget adjustments. Approved (6- 0-0-0).

The meeting was adjourned to Tuesday, March 22, 2022.
8 4
4 CVH/jr

STAFF REPORT
City of Lancaster
CR 2
3/22/2022
JC
Date: March 22, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: Report on the Activities of the Board of Directors Meeting for District No. 14 of the County Sanitation Districts of Los Angeles County

District No. 14 of the County Sanitation Districts of Los Angeles County is organized to receive, through their trunk sewers, the wastewater from all of the City of Lancaster, a small region of the westerly portion of the City of Palmdale, and a smaller region of the unincorporated County of Los Angeles. A Board of Directors, comprised of one representative from each City and the County, generally meets monthly to review and decide upon the business of the District.

The following is a summary of the items discussed during the Special Board of Directors Meeting of the Los Angeles County Sanitation District No. 14 held on March 10, 2022.

The following members were present:

Alternate Director Marvin Crist (Chair pro tem)
Alternate Director Kathryn Barger
Director Hofbauer
The following actions were taken:

Minutes of Special Meeting Held February 10, 2022
Approve Minutes of Special Meeting Held February 10, 2022.

Approved (3-0-0-0)
District Expenses for the Month of January 2022
8 6
2 Approve January 2022 Expenses in Amount of $1,694,847.21.

Local District Expenses:

Operations & Maintenance (O & M).............................................. $1,360,205.31 Capital..................................................................................................... 47,77774 Legal ........................................................................................................... 945.00 Allocated Expenses:

Joint Administration............................................................................. 121,365.23 Technical Support ................................................................................. 160,35156 Legal ........................................................................................................ 4,202.37 Total Expenses....................................................................................$1,694,847.21 Approved (3-0-0-0)
Approve Resolution of the Board of Directors of County Sanitation District No. 14 of Los Angeles County Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency on March 4, 2020 by California Governor and Authorizing Remote Teleconference Meetings of the Legislative Body

Summary: Remote teleconferenced meetings, during the continued existence of the Governor’s proclaimed state of COVID-19 emergency, will be conducted under the provisions of AB 361 which added California Government Code Section 54953(e), to the Brown Act. Under the provisions of AB 361 and Government Code Section 54953(e), each District must adopt, by majority vote, a resolution making certain findings about the continuing COVID state of emergency and health and safety risks of conducting their meeting in person. By statute, this Resolution and its referenced findings, are only legally valid for 30 days. The Resolution is attached to the agenda.

Approved (3-0-0-0)
Re: Solar and Energy Storage Project at Lancaster Water Reclamation Plant (WRP) a) Approve and Order Executed Project Development and Non-Disclosure Agreement (Agreement) with Pacifico Power, LLC, (Pacifico) at Estimated Amount of Up to $30,000 to Explore Feasibility of Solar and Energy Storage Project b) Authorize Chief Engineer and General Manager to Execute Relevant Documents with Pacifico and Southern California Edison (SCE) to Effectuate Interconnection Applications and Related Engineering Studies
Summary: In June 2021, the Districts issued a Request for Proposals to evaluate the viability of a solar energy project that could reduce electricity expenditures and utilize available land at the Lancaster WRP. Four proposals were received. Pacifico was ranked as the most qualified firm to provide the required services. Subsequently, SCE performed a complimentary review of the Pacifico proposal and indicated a 20-year cumulative savings of approximately $7-14 million net present value. SCE also indicated that electrical grid constraints in the Antelope Valley could significantly delay the interconnection process for the proposed solar energy project. The proposed Agreement states that the parties will study the feasibility of the project and allow Pacifico to recoup third-party fees and engineering expenses if the project is not viable. The Agreement does 8 6
2 not commit the District to a full project award. Staff has determined that the Agreement is exempt or otherwise not subject to the provisions of the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21084(a) and Title 14 of the California Code of Regulations (“CEQA Guidelines”) Section 15306. If a solar project is determined to be feasible, CEQA evaluation will be performed and the project will be brought to the Board for approval.

This item is consistent with the Districts’ Guiding Principle to maximize use of our assets and resources (recycled water, recyclables, and energy).

Approved (3-0-0-0)
Re: Energy Related Services Provided by Calpine Energy Solutions, LLC (Calpine) a) Approve and Order Executed Documents for Purchase of Electricity and Related Services through December 31, 2030, as follows:

1. Addendum Tiered Pricing Fixed Quantity Electricity - Southern California (SCE) Locations

2. Supplemental Addendum for Renewable Portfolio Standards - SCE Locations b) Authorize Chief Engineer and General Manager to Execute Future Addenda, Amendments, Confirmations, and Related Documents with Calpine Regarding Purchase of Electricity and Related Attributes through December 31, 2030
Summary: Electricity is purchased from Calpine, an Electric Service Provider, under California’s Direct Access program. In 2019, the Board executed various documents with Calpine for purchase of electricity and related attributes through December 31, 2024. In 2021, Calpine submitted a proposal to offer the Districts long-term price stability. The proposal offers lower prices for electricity products purchased by the Districts through December 31, 2030. From time to time, additional addenda and confirmations are needed to execute and schedule sale and purchase of electricity and related attributes, and authority is requested for the Chief Engineer and General Manager to execute such documents. Staff has determined that approval of the Agreement does not constitute a “Project” under the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21065 and Title 14 of the California Code of Regulations (“CEQA Guidelines”) Section 15378. This item is consistent with the Districts’ Guiding Principle of commitment to fiscal responsibility and prudent financial stewardship.

Approved (3-0-0-0)
Approve and Order Executed Second Amendment to Lease and Recycled Water Agreement (Amendment) with High Desert Dairy–Van Dam, LLC, (Van Dam) for Agricultural Reuse of Recycled Water on District Property at Lancaster Water Reclamation Plant (WRP) Eastern Agricultural Site (EAS)
Summary: The District currently leases approximately 2,880 acres of the EAS to Van Dam containing 18 center pivot irrigation systems, as shown on the attached map, for the cultivation of fodder crops using recycled water from the Lancaster WRP. The lease with Van Dam expires on December 31, 2025; contains two 1-year extension options upon the mutual agreement of Van Dam and the District; and requires Van Dam to pay the District rent of $423,920 per year. At the February 10, 2022, Board meeting, the Chief Engineer and General Manager informed the Board that in response to previous Board direction, staff determined that a three-year lease extension 8 6
2 would line up the lease term with the duration of grant agreements between the Antelope Valley Air Quality Management District and Van Dam for purchase of low-emission agricultural equipment, but Van Dam requested a five-year extension. The Board directed staff to negotiate with Van Dam a three-year extension to the lease through December 31, 2028, plus two 1-year extension options upon the mutual agreement of Van Dam and the District, and annual rent adjustments according to increases in the Consumer Price Index, not to exceed 5 percent annually.

The proposed Amendment incorporates these terms and conditions. Staff has determined that approval of the Amendment does not constitute a “Project” under the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21065 and Title 14 of the California Code of Regulations (“CEQA Guidelines”) Section 15378. This item is consistent with the Districts’ Guiding Principle to maximize use of our assets and resources (recycled water, recyclables, and energy).

Approved (3-0-0-0)
NJ:df

Lancaster City CouncilMarch 22, 2022

Lancaster City Council
March 22, 2022