project shall not produce GHG emissions greater than 5.85 MTCO2e/dwelling unit.
2. For residential development completed after 2030, the project shall not produce GHG emissions greater than 1.53 MTCO2e/dwelling unit.
3. For nonresidential developments of all types completed between 2020 and 2030, the project shall not produce GHG emissions greater than 8.84 MTCO2e/2,500 square feet of conditioned space.
4. For nonresidential developments of all types completed after 2030, the project shall not produce GHG emissions greater than 3.61 MTCO2e/2,500 square feet of conditioned space.
For projects that include both residential and nonresidential space, the residential and nonresidential components must be assessed separately against their respective applicable thresholds.
9. HAZARDS & HAZARDOUS MATERIALS. Would the project:
a. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials?
Summary of Certified EIR Finding: The Certified EIR concluded that t he handling, use, transport, and disposal of hazardous materials during the construction phase of the Approved Project would also comply with existing regulations of the Environmental Protection Agency (EPA), the San Bernardino County Environmental Health Division, Occupational Safety and Health Administration (OSHA), California Division of Occupational Safety and Health, and US Department of Transportation. Operation of the Approved Project may involve the routine storage and use of small quantities of com mercially available hazardous materials for routine maintenance (e.g., paint, cleaning supplies, and fuel). The routine handling and use of hazardous materials by workers would be performed in accordance with OSHA regulations, which included training requirements for workers and a requirement that hazardous materials were accompanied by manufacturer’s Safety Data Sheets. Compliance with these existing regulations would ensure that workers and nearby residents were protected from exposure to hazardous materials that may be transported, stored, or used on-site. Therefore, impacts would be less than significant.
Discussion of Effects: A significant impact may occur if a project would involve the use or disposal of hazardous materials as part of its routine operations, or would have the potential to generate toxic or otherwise hazardous emissions that could adversely affect sensitive rec eptors.
As demonstrated in the analysis below, the Modified Project would result in the same uses that were anticipated in the Certified EIR and would not result in a hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Project Construction
General Construction Hazardous Waste
Heavy equipment (e.g., dozers, excavators, tractors) would operate on the subject 1408
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property during construction of the Modified Project. Heavy equipment is typically fueled and maintained by petroleum ‐based substances such as diesel fuel, gasoline, oil, and hydraulic fluid, which is considered hazardous if improperly stored or handled. Also, materials such as paints, adhesives, solvents, and other substances typically used in building construction would be located on the Project site during construction. Improper use, storage, or transportation of hazardous materials can result in acciden tal releases or spills, potentially posing health risks to workers, the public, and the environment. This is a standard risk on all construction sites, and there would be no greater risk for improper handling, transportation, or spills associated with the Modified Project than would occur on any other similar construction site. Construction contractors would be required to comply with all applicable federal, State, and local laws and regulations regarding the transport, use, and storage of hazardous constru ction‐related materials, including but not limited requirements imposed by the EPA, OSHA, San Bernardino County Environmental Health Division, California Department of Toxic Substances Control (DTSC), South Coast AQMD, and Santa Ana Regional Water Quality Control Board (RWQCB). Consistent with the findings of the Certified EIR, with mandatory compliance with applicable hazardous materials regulations, the Modified Project would not create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials during the construction phase.
Project Operation
The Modified Project includes the development of a hotel with commercial uses. Once constructed, the Modified Project would use hazardous materials primarily for maintenance activities, including for maintenance of the proposed building, swimming pool, and other site improvements. The uses proposed by the Modified Project typically do not present a hazard associated with the accidental release of hazardous substances into the environment because the future visitors and employees are not anticipated to use, store, dispose, or transport large volumes of hazardous materials. Hazardous substances associated with operations are typically limited in both amount and use such that they can be contained without impacting the environment. Routine maintenance activities for the Modified Project may include the storage and use of hazardous materials such as cleansers, solvents, pesticides, pool cleaning supplies, paint, fertilizers, and similar materials . No manufacturing, industrial, or other uses utilizing large amounts of hazardous materials would occur within the Project site. Typical use of household hazardous materials would not generally result in the transport, disposal, or release of hazardous materials in an amount that would create a significant hazard to the public or environment.
Operation of the Modified Project would be required to comply with all applicable federal, State, and local regulations to ensure the proper transport, use, and disposal of hazardous substances. Consistent with the findings of the Certified EIR , with mandatory regulatory compliance, potential hazardous materials impacts associated with long -term operation of the Modified Project is not expected to pose a significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR . No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Summary of Certified EIR Finding: The Certified EIR discussed threshold s b and d together and concluded that the Phase I Environmental Site Assessments (ESAs) conducted identified 1409
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Recognized Environmental Conditions (RECs) from the current and/or historical agricultural fields and dairy farm and livestock farming operations . Additionally, the ORSC site was listed in Hazardous Waste Tracking System (HWTS), Hazardous Waste Information System (HAZNET), CalEPA Regulated Site Portal (CERS), Enforcement Action Listing (ENF), California Integrated Water Quality System (CIWQS), National Pollutant Discharge Elimination System (NPDES), Exposure Model for Individuals (EMI), Facility Index System (FINDS), Statewide Environmental Evaluation and Planning System Underground Storage Tank (SWEEPS UST), San Bern. Co. Permit, and Hazardous Substance Storage Container (HIST UST), Facility Inventory Database for Underground Storage Tanks ( CA FID UST), and San Bernardino County Permit databases for the generation of minor quantities of hazardous wastes, previous minor violations, various emissions, a 550-gallon diesel-fuel UST, and for having an active NPDES permit . Therefore, impacts regarding the release of and exposure to soil contaminants on the ORSC site would be potentially significant.
Mitigation Measure HAZ -1 would require additional review and testing of the ORSC site through Phase I and Phase II ESAs. Any contaminated media exceeding the applicable regulatory thresholds would be remediated in accordance with state and local agency requirements. This requirement would ensure that all RECs at the ORSC site are identified, documented, and remediated, as necessary or applicable. Mitigation Measure HAZ -1 would therefore reduce risks to human health and potential impacts of hazards and hazardous materials to less than significant.
With the implementation of Mitigation Measure HAZ-1, impacts would be less than significant.
Discussion of Effects: The Project site is located within the 15 Dairy Farm LLC study area and the Certified EIR concluded that the Project site is included in the HWTS, San Bernardino County Permits, CIWQS, and FINDS databases. The Phase I ESA also recognized the USTs onsite as an environmental concern; however, it was concluded that it is not considered a REC because the UST did not have unauthorized releases.
Construction
During Project construction, there is a possibility of accidental release of hazardous substances such as petroleum-based fuels or hydraulic fluid used for construction equipment. The level of risk associated with the accidental release of hazardous substa nces is not considered significant due to the small volume and low concentration of hazardous materials utilized during construction. The construction contractor would be required to use standard construction controls and safety procedures that would avoid and minimize the potential for accidental release of such that any materials released are appropriately contained and remediated as required by local, State, and federal law.
The Modified Project would comply with the requirements of applicable laws and regulations governing upsets and accidents including the requirements of the hazardous materials disclosure program, the California Accidental Release Prevention Program, the hazardous materials release response plans and inventory program, and California Health and Safety Code Section 25500. These requirements would ensure that all potentially hazardous materials are handled in an appropriate manner and would minimize the potent ial for upset and accident conditions. For example, all spills or leakage of petroleum products during construction activities are required to be immediately contained, the hazardous material identified, and the material remediated in compliance with applicable S tate and local regulations for the cleanup and disposal of that contaminant. All contaminated waste would be required to be collected and disposed of at an appropriately licensed disposal or treatment facility. As part of the demolition and grading that occurred on the Project site, Mitigation Measure HAZ-1 was completed and all contaminated soils and/or material encountered was disposed of at a regulated site and in accordance with applicable laws and regulations prior to the completion of grading to ensure no significant impacts related to the release of hazardous materials into the environment would 1410
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occur. Therefore, t he Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR . No changes or additions to the Certified EIR analyses are necessary.
Operation
Regulatory requirements pertaining to upsets and accidents following during the construction phase would also be implemented during the operational phase. As discussed previously, the Modified Project does not proposed uses that would include any components associated with the transport, use, or disposal of hazardous materials beyond those typical of a similar land use, which would be conducted in accordance with all applicable local, State, and federal regulations. General cleaning activities on -site that contain toxic substances are usually low in concentration and small in amount; therefore, there is no significant risk to humans or the environment from the use of such cleaning products. Therefore, with mandatory regulatory compliance, the Modified Project would not increase the potential for accident conditions which could result in the release of hazardous materials into the environment. The Modified Project would not result in any new, increased or substantially different impacts, other than those prev iously considered and addressed in the Certified EIR . No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed school?
Summary of Certified EIR Finding: The Certified EIR concluded that there were no schools within 0.25 miles; therefore no impacts would occur with respect to use and emission of hazardous materials near schools.
Discussion of Effects: The Project site is within 0.25 mile of the existing or proposed school.
The closest school to the Project site is the Live Oak State Preschool School, located approximately
0.2 miles to the north east of the Project site . As discussed under Response 10.a, with mandatory regulatory compliance, potential hazardous materials impacts associated with long -term operation of the Modified Project is not expected to pose a significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials . Therefore, implementation of the Modified Project would not have the potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 miles of an existing or proposed schoo l. The Modified Project would not result in any new, increa sed or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Summary of Certified EIR Finding: As discussed above, the Certified EIR concluded that the ORSC site was listed under various databased and additional review and testing would be required. Mitigation Measure HAZ -1 would ensure that all RECs at the ORSC site are identified, documented, and remediated, as necessary or applicable. With the implementation of Mitigation Measure HAZ-1, impacts would be less than significant.
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Discussion of Effects: As discussed above under Response 9.b, the Project site is included HWTS, San Bernardino County Permits, CIWQS, and FINDS databases ; however, the Project site does not contain any RECs, nor is the Project site affected by any off- site hazards or hazardous materials. Additionally, completion of Mitigation Measure HAZ -1 ensured the Modified Project would not create a significant hazard to the public or the environment. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required. Mitigation Measure HAZ -1 would be applicable to the Modified Project.
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
Summary of Certified EIR Finding: The Certified EIR concluded that t he ORSC site wa s approximately 2.8 miles south of Ontario International Airport (ONT) and approximately 2.2 miles northeast of the Chino Airport. The site was within the Influence Areas of both airports but outside the Safety Zones and noise contours of both airports. The ORSC site wa s, however, within the FAA Height Notification Surface zone for ONT, which requires the FAA to be notified of any construction that would result in a structure that exceeds a 100:1 slope projecting 20,000 feet from the nearest ONT runway. Moreover, the Approved Project did not require FAA notification since the maximum height of the proposed structures does not conflict with the ONT airspace protection zones . A consistency determination analysis was completed by the City for submittal to ONT-IAC and found no conflicts with the airport safety zones. Therefore, impacts would be less than significant.
Discussion of Effects : As discussed above, the Project site is located within the ONT and Chino Airports Influence Area, but outside of the safety and noise contours. Additionally, previous consistency determination analysis determined no conflicts with the airport safety zones.
Therefore, the Modified Project would not result in a safety hazard or excessive noise for people residing or working in the Project area. The Modified Project would not result in any new, increased or substantially different impacts, other than those pre viously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Summary of Certified EIR Finding: The Certified EIR concluded that the Approved Project would be expected to increase the volume of vehicles leaving the site in event of an emergency, which could hinder traffic conditions and impede the ability of emergency vehicles to access the site. Mitigation Measure TRAF-2 would require a Parking and Event Traffic Management Plan (TMP) to ensure that traffic on weekends with major events, such as baseball game at the Minor League Baseball Stadium or tournaments and games held at the City park and indoor athletic facility building, would not impede emergency operations or local traffic. The TMP would also involve coordination with the Ontario Fire Department and Police Department to provide sufficient emergency access and traffic control on- site. Additionally, Mitigation Measure TRAF -3 required preparation and implementation of a construction management plan to ensure that construction activities do not interfere with emergency access. Therefore, with the implementation of Mitigation Measures TRAF-2 and TRAF -3, the Approved Project would not conflict with 1412
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implementation of emergency response or evacuation plans during construction or operation, and impacts would be less than significant.
Discussion of Effects: Construction of the Modified Project would be generally confined to the Project site and would not physically impair access to the site or the Project area. During both construction and long -term operation, the Modified Project would be required to maintain adequate emergency access for emergency vehicles as required by the City and the OFD. In addition, t he Modified Project will comply with the requirements of the OFD and all City requirements for fire and other emergency access. As concluded in the Certified EIR, Mitigation Measure TRAF-3 would require a construction management plan to ensure construction activities would not impair the City’s emergency response plan or evacuation plan . Moreover, as part of the City’s Design Review process, the City reviewed the Project’s application materials to ensure that the design of the Project would meet City requirements, appropriate emergency ingress and egress would be available to-and-from the Project site and that the Project would not substantially impede emergency response times in the l ocal area. Therefore, the Modified Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan . The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required. The following mitigation measure from the Certified EIR is applicable to the Modified Project:
TRAF-3 Prior to issuance of grading permits, the construction contractor shall prepare and submit a construction management plan. The construction management plan shall be approved by the City of Ontario Public Works Department. The construction management plan shall identify construction hours, truck routes, travel patterns for haul routes, staging and parking areas, staggered worker arrival times, and safety procedures for pedestrians and cyclists. The construction management plan shall prohibit the use of heavy construction vehicles during peak hours. The plan shall also require the construction contractor to implement the following measures during construction activities, which shall be discussed at the pre -grading conference/meeting:
• Minimize obstruction of through -traffic lanes and provide temporary traffic controls, such as a flag person, during all roadway improvement activities to maintain adequate access for emergency vehicles and personnel.
• Develop a traffic plan to minimize interference for emergency vehicles and personnel from demolition and construction activities (e.g., advanced public notice of demolition and construction activities).
g. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
Summary of Certified EIR Finding: The Certified EIR concluded that the ORSC site wa s not in a designated fire hazard severity zone and d id not contain unique slopes or other factors that would exacerbate wildfire risks . Therefore, the Approved Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires and impacts would be less than significant.
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Discussion of Effects : As discussed above, the Project site is not located with a SRA or VHFHSZ in a LRA(CAL FIRE, 2025) and does not contain factors that would exacerbate wildland fire risk. Implementation of the Modified Project would not expose people or structures to a significant risk involving wildland fires and would not exacerbate the risk or result in post-wildfire hazards (e.g., landslides, mudflows, and flooding) . Therefore, the Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
10. HYDROLOGY & WATER QUALITY. Would the project:
The analysis in this section are based on the Water Quality Management Plan and Hydrology and Hydraulic Study prepared by Hariya INC (Hariya) dated October 2025 and is provided in their entirety as Appendices B.1 and B.2 of this Addendum.
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Summary of Certified EIR Finding: The Certified EIR concluded that clearing, grading, excavation, and construction activities associated with the Approved Project ha d the potential to impact water quality through soil erosion and increasing the amount of silt and debris carried in runoff. To minimize these potential impacts, future development associated with the Approved Project would require compliance with the State Water Resources Control Board (SWRCB) Construction General Permit (CGP) Order WQ 2022- 0057-DWQ, which include d the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP). In addition, the City of Ontario required that an erosion and sediment control plan be submitted prior to grading plan approval and the issuance of a grading permit. Submittal of the permit registration documents and implementation of the SWPPP and the erosion control plan throughout the construction phase of the Apported Project would address anticipated and expected pollutants of concern as a result of construction activities. As a r esult, water quality impacts associated with construction activities would be less than significant.
Once the Approved Project ha s been constructed, urban runoff could include a variety of contaminants that could impact water quality. Preliminary and final Water Quality Management Plans (WQMPs) would be required for the ORSC under the MS4 permit prior to the start of construction. The WQMPs would identify BMPs for prevention of stormwater pollution during the post -construction phase, including site -design, source -control, and/or treatment BMPs.
Preliminary stormwater control plans for the Approved Project include d the use of the off-site Mill Creek Wetlands, which could accommodate a runoff discharge volume from up to 120 acres of the ORSC site associated with the open space -recreation land uses, and on- site BMPS, such as bio-retention areas, underground detention facilities, and permeable landscaping and planter areas. The ORSC would comply with the BMPs in the WQMPs in addition to all State, County, and local regulations regarding stormwater runoff during the operational phase. Therefore, water quality standards and waste discharge requirements would not be exceeded, and surface water and groundwater quality would not be degraded. Impacts would be less than significant.
Discussion of Effects : As demonstrated in the analysis below, the Modified Project would not violate any water quality standards or waste discharge requirements. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
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Temporary Construction-Related Activities
Construction of the Modified Project would involve grading, paving, utility installation, construction, and landscaping activities. Construction activities would result in the generation of potential water quality pollutants such as silt, debris, chemicals, paints and solvents, and o ther chemicals with the potential to adversely affect water quality. As such, short -term water quality impacts have the potential to occur during construction of the Modified Project in the absence of protective or avoidance measures.
Construction activities would disturb the 3.41 -acre site; therefore, the Modified Project is subject to the requirements of the SWRCB GCP, as previously analyzed in the Certified EIR.
Mandatory adherence to the CGP and implementation of measures outlined in the SWPPP would ensure that the Modified Project does not violate any water quality standards or waste discharge requirements during construction activities. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Post-Development Water Quality Impacts
The site would be developed with a proposed hotel building up to 158 ,272 s.f. and 25,337 s.f. of commercial uses along with associated parking and landscaping. To meet the requirements of the NPDES permit, the Project Applicant would be required to prepare and implement a WQMP.
Implementation of the WQMP ensures on-going, long-term protection of the watershed basin.
According to the Modified Project’s Preliminary WQMP, included as Appendix B .1, the Modified Project is designed to include on -site structural source control BMPs consisting of underground stormtech infiltration system and catch basins. In addition, operation source control BMPs would be implemented, including but not limited to, litter/debris control program, inspection of the infiltration basins after each landscape procedure, vacuum sweeping of private streets and parking lots , and education/training of site occupants and employees on stormwater BMPs (Hariya, 2025a). Compliance with the Preliminary WQMP and long-term maintenance of proposed on-site water quality control features would be required by the City to ensure the long -term effectiveness of all on-site water quality features.
Consistent with the findings of the Certified EIR, the Modified Project’s mandatory compliance with all applicable regulations would further reduce potential water quality impacts during long -term operation. Implementation of the Modified Project would have a beneficial impact on water quality because it would capture all on -site flows and treat flows prior to being discharged into the City’s storm drainage system. Based on the foregoing analysis, the Modified Project would not violate any water quality st andards or waste discharge requirements or otherwise substantially degrade surface or ground water quality or result in potential discharge of stormwater to affect beneficial uses of receiving waters. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin)?
Summary of Certified EIR Finding: The Certified EIR concluded that the Approved Project would increase the amount of impermeable surfaces thus reducing groundwater recharge.
Approximately 46 percent of the City’s water supply was groundwater pumped by the City from 1415
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the Chino Groundwater Basin; groundwater pumping was managed by OMUC so that domestic demands did not exceed the safe yield for the basin. The Approved Project’s estimated water demand would be met by the City’s existing available water supply documented in the 2015 and 2020 Urban Water Management Plans and the Approved Project would not substantially deplete groundwater supplies. Although development of the Apported Project would increase the amount of impervious surfaces and could potentially impact groun dwater recharge, the ORSC was required to implement BMPs and Low Impact Development (LID) measures in accordance with the County WQMP guidance and the regional MS4 permit. With implementation of stormwater control measures to be included in the preliminary and final WQMPs for the Approved Project, the potential for the Approved Project to substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin would be less than significant.
Discussion of Effects: Water supply to the Modified Project would be provided by OMUC and would not require the direct use of groundwater at the Project site. Therefore, the Modified Project would not require direct additions or withdrawals of groundwater. Excavation that would result in the interception of existing aquifers or penetration of the existing water table is not proposed or anticipated. In addition, t he total water demand for the Approved Project was estimated to be 215,748 gallons per day (gpd) or 242 acre-feet per year ( afy). Using the water demand
1 from the Certified EIR, the Modified Project would result in a total water demand of 39,2802 gallons per day (gpd) compared to the Approved Project’s demand of 37,786 gpd for PAs 2 through 4. Therefore, the Modified Project would result in an nominal increase of 1,494 gpd in water demand. As discussed in Response 19.b, both the 2015 and 2020 UWMP anticipated a total of 606 acre-feet per year ( afy) for the ORSC site from the Armstrong Ranch Specific Plan .
Therefore, the increase in water demand from the Modified Project would be anticipated under the UWMPs and the Modified Project would not substantially deplete groundwater supplies.
Consistent with the findings of the Certified EIR, the Modified Project would be required to comply with the measures in the WQMP. Therefore, impacts on groundwater would be less than significant.
The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would?
i. Result in substantial erosion or siltation on- or off-site;
Summary of Certified EIR Finding: The Certified EIR concluded that the Approved Project would involve site improvements that require d grading, excavation, and soil exposure during construction, with the potential for erosion or siltation to occur. If not controlled, the transport of these materials to local waterways could temporarily increase suspended sediment concentrations and release pollutants attached to sediment particles. To minimize this impact, the Approved P roject would be required to comply with the requirements in the State’s C GP, including preparation of a notice of intent and SWPPP prior to the start of construction activities.
In addition, the City of Ontario required preparation of an erosion and sediment control plan and implementation of BMPs to control erosion, debris, and construction -related pollutants. For post -
1 Hotel: 130 gpd/room; Retail: 1,800 gpd/acre
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construction, the Approved would be required to control stormwater discharges under NPDES Permit through preparation of a WQMP identifying BMPs for reducing or eliminating runoff.
Collectively, implementation of BMPs outlined in SWPPPs, erosion and sediment control plans, and WQMPs, would address anticipated erosion and siltation impacts. Therefore, impacts would be less than significant.
Discussion of Effects: Under existing conditions, the Project site does not contain a stream or river; therefore, the Modified Project does not have the potential to alter the course of a stream or river. No impacts would occur in this regard. Refer to Response 10.a. Project construction would temporarily expose on -site soils to surface water runoff. Additionally, the Modified Project would be required to prepare a WQMP identifying BMPs for reducing or eliminating runoff . Consistent with the findings of the Certified EIR, compliance with construction-related BMPs and/or the SWPPP erosion and sediment control plans, and WQMPs would control and minimize erosion and siltation, resulting in a less than significant impact. The Modified Project would not result in any new, increased or substantially different impacts, other tha n those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off-site;
Summary of Certified EIR Finding: The Certified EIR concluded that the Approved Project would increase the amount of impermeable surfaces at the ORSC site, which could result in on - and off -site flooding. The City’s standard conditions of approval for new development also required the preparation of hydrology studies and drainage analyses that documented the peak runoff rates from the developed site and evaluate the capacity of the storm drain system to accept these flow rates. Additionally, the BMPs determ ined in the preliminary and final WQMPs and planned drainage improvements would reduce the potential for on - and off-site flooding during the operational phases. Therefore, impacts would be less than significant.
Discussion of Effects: The Project site is currently undeveloped and graded; redevelopment of the site would not increase impervious surfaces compared to the Approved Project. According to the Hydrology and Hydraulic Study prepared by Hariya, included as Appendix B .2, runoff from the site will sheet flow over the parking areas into the ribbon gutter and curb and gutter system.
The runoff will then be intercepted by catch basins and conveyed further by storm drain system into the underground stormtech infiltration system located at the southeastern portion of the site.
Using an 18 -inch storm drain outlet structure, the excess runoff will be discharged into the curb inlet located offsite at the southeastern corner of the site along A-street.
Moreover, the total 10- year and 100- year peak flow rate tributary to the Project site with the proposed storm drainage systems at proposed condition area approximately 0.06 cubic feet for second (cfs)and 8.79 cfs, which are slightly less than the existing conditions of 6.32 cfs and 10.86 cfs, respectively. The proposed underground stormtech infiltration system will reduce the post - developed flow rate to less than 8 1% of their corresponding predeveloped flow rate (Hariya, 2025b). Therefore, runoff discharge from the Project site would not have an adverse effect to the existing storm drain system downstream. The Modified Project would not substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off -site. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
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Mitigation: No additional mitigation required.
iii. Create or contribute runoff water which would exceed the capacity or existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff;
Summary of Certified EIR Finding: The Certified EIR concluded that stormwater from the ORSC site would drain into on-site storm drains and be initially conveyed to the Lower Cucamonga Creek Spreading Grounds south of the site, and eventually into the Cucamonga Creek Channel.
In compliance with the MS4 Permit and San Bernardino County Stormwater Program, the Approved Project would also be required to install stormwater treatment BMPs that retain ed the 2-year, 24-hour rainfall event. These BMPs would ensure t hat surface runoff from the Approved Project would not exceed the capacity of the local storm drain system and reduce the impacts of any increases in surface water flows that enter the storm drainage systems. Therefore, impacts would be less than significant.
Discussion of Effects: As stated above, according to the Project’s Hydrology and Hydraulic Study, included as A ppendix B.2, runoff from the implementation of the Modified Project would be less compared to existing conditions during both 10 -year and 100- year storm events (Hariya, 2025b). Accordingly, the Modified Project would not create or contribute runoff that would exceed the capacity of any existing stormwater drainage system. Consistent with the finding of the Certified EIR, stormwater generated by the Modified Project will be discharged in compliance with the statewide NPDES General Construction Activities Stormwater Permit and San Bernardino County MS4 permit requirements. With the full implementation of a SWPPP developed in compliance with the General Construction Activities Perm it requirements, the BMPs included in the SWPPP, and a stormwater monitoring program would reduce any impacts to below a level of significance. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
iv. Impede or redirect flood flows?
Summary of Certified EIR Finding: The Certified EIR concluded that since the Approved Project is required to comply the regional MS4 Permit and detain the ORSC’s design capture volume, any flood flows would also be detained temporarily through either on-site BMPs or the use of designated off-site drainage basins. This would minimize the potential for flooding impacts from the ORSC site and threshold d below discussed the potential of for impeding or redirecting flood flows with development in areas within t he 100- year floodplain would be less than significant.
Therefore, impacts related to impeding or redirecting flood flows would be less than significant.
Discussion of Effects: According to the Federal Emergency Management Agency (FEMA) flood map No. 06071C8638H, the Project site is located within Zone X, an area with 0.2% Annual Chance Flood Hazard (FEMA, 2008). Consistent with the findings of the Certified EIR, the Modified Project would be required to comply with the regional MS4 permit. Additionally, as discussed above, the Modi fied Project’s drainage system would result in less runoff compared to existing conditions. Therefore, the Modified Project would not impede or redirect flood flows and impacts would be less than significant . The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
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Mitigation: No additional mitigation required.
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Summary of Certified EIR Finding: The Certified EIR concluded the ORSC site was not located within a 100 -year floodplain . While the ORSC site was immediately west of the Cucamonga Channel, the channel was considered to have sufficient capacity to convey flood flows (100-year, 24-hour storm event) for the Ontario sphere of influence and upstream drainages.
Preparation of a hydrological study, as required for projects in 500- year floodplains by TOP 2050 would ensure that the Approved Project would not exacerbate risk of flood hazards at the ORSC site. Additionally, the ORSC site was within the dam inundation zone of San Antonio Dam. The reservoir behind the dam is usually dry, but can fill with up to 11,880 acre-feet of water after large flood events. Dam inundation is characterized as of medium concern in the City’s Local Hazard Mitigation Plan and the City of Ontario h ad never been impacted by a major dam failure. In addition, dam owners were required to maintain emergency action plans (EAPs) that included procedures for damage assessment and emergency warnings. Because the likelihood of catastrophic failure of the San Antonio Dam was very low and the City ha d EAP notification procedures, impacts of release o f pollutants due to dam inundation were considered less than significant. Moreover, the ORSC site was inland and approximately 30 miles from the ocean and was not at risk of flooding due to tsunamis. Therefore, impacts associated with the release of pollutants due to inundation would be less than significant.
Discussion of Effects : As discussed above, the Project site is not in a FEMA 100-year flood zone and the Project-specific hydrological study (Technical Appendix B.2) demonstrated that runoff from the implementation of the Modified Project would be less compared to existing conditions during both 10-year and 100-year storm events, which would ensure that the Modified Project would not exacerbate risk of flood hazards at the Project site. Additionally, consistent with the findings of the Certified EIR, the likelihood of catastrophic failure of the San Antonio Dam is very low and the Project site is outside of any tsunami hazard zone. Therefore, the Modified Project would not result in a risk of pollutant release due to inundation from a flooding event, tsunami, or seiche zones. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Summary of Certified EIR Finding: The Certified EIR concluded that the City’s groundwater supplies were from the Chino Groundwater Basin, which was adjudicated and managed by the Chino Basin Watermaster. The Chino Basin was exempt from legislative requirements under the Sustainable Groundwater Management Act (SGMA) because it was an adjudicated basin and was not required to prepare a groundwater sustainability plan. As discussed above, implementation of the SWPPP, and adherence to the State CGP and the City ’s Erosion and Sediment Control Plan requirements would ensure that surface and groundwater quality were not adversely impacted during construction. Additionally, the Approved Project would be required to comply with the Santa Ana River Basin Plan and to control pollutants in discharges of stormwater from postconstruction activities under NPDES Permit throug h preparation of WQMPs. Therefore, the Approved Project would not obstruct or conflict with the RWQCB’s Basin Plan or any groundwater management plan, and impacts would be less than significant. 1419
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Discussion of Effects: As discussed under Response 10.a, the Project site is within the Santa Ana River Basin; therefore, Project -related construction and operational activities would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Plan by preparing and adhering to an SWPPP and WQMP. Additionally, as discussed previously, implementation of the Modified Project would not conflict with or obstruct the Santa Ana River Basin Water Quality Control Plan.
The Project site is located within the Chino Groundwater Basin. Upon development, the Project site will be connected to the City’s public water supply and there will be no onsite wells for use of groundwater. The City manages both the potable and non -potable supplies to ensure withdrawals from the Chino Groundwater Basin do not exceed the safe yield for the Basin, as per the Chino Basin Watermaster's Optimum Basin Management Program (OBMP). Therefore, the Modified Project would not obstruct or conflict with the OBMP. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
11. LAND USE & PLANNING. Would the project:
a. Physically divide an established community?
Summary of Certified EIR Finding: The Certified EIR concluded that the closest established residential communities to the ORSC site were the Countryside Specific Plan neighborhood to the east of the ORSC site and the Vineyard South neighborhood north of the ORSC site . To accommodate the proposed uses on the ORSC site, Riverside Drive and Ontario Avenue would be widened, and Vineyard Avenue would be extended south of Riverside Drive to Chino Avenue.
These roadway improvements would also help to improve connection between the communities surrounding the ORSC site. All development would occur within the boundaries of the ORSC site and in surrounding roadways, and would not physically divide an existing community. Therefore, impacts would be less than significant.
Discussion of Effects: The Project site is located in an area that is currently developed with urban land uses. Existing recreational development borders the site to the north and west, and residential uses to the east beyond the Cucamonga Channel . The Project Applicant would redevelop the site with hospitality and commercial uses with associated parking and landscaping improvements, consistent with the TOP 2050 land use plan. The Modified Project will be of similar design and size to surrounding development and development will be confined to the Project site and surrounding roadways. The Modified Project would not have the potential to physically divide an established community , and n o adverse impacts are anticipated. Therefore, t he Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
Summary of Certified EIR Finding: The Certified EIR concluded that the Approved Project would require a General Plan Amendment and zone change and the proposed amendment and 1420
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zone change would not result in physical impacts to the environment. The Approved Project would also be consistent with the goals and policies of TOP 2050 Policy Plan and complied with SB 330 and SB 166, resulting in no net loss of residential units in the City. Moreover, the Approved Project would be consistent with SCAG’s Connect So Cal and the land use compatibility plans of ONT and the Chino Airport. Therefore, impacts would be less than significant.
Discussion of Effects: The Project site is designated for Hospitality by the TOP 2050 Land Use Plan and has Convention Center Support Commercial zoning designation. The Project Applicant would redevelop the Project site in accordance with the adopted land use and zoning designations. No General Plan Amendment or zone change would be required under the Modified Project. The Modified Project is consistent with the TOP 2050 Policy Plan and does not interfere with any policies for environmental protection. As such, no impacts are anticipated . The Modified Project would not result in any new, increased or substantially different impacts, other than those previously consid ered and addressed in the Certified EIR . No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
12. MINERAL RESOURCES. Would the project:
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?
Summary of Certified EIR Finding: The Certified EIR concluded that the ORSC site and Offsite Improvement Area is within MRZ -3, where the significance of mineral deposits cannot be determined from the available data. Development in an MRZ-3 area would not result in significant impacts because mineral resources of statewide or local importance were not identified on the California Geological Survey’s Production -Consumption (P -C) Region maps. The ORSC site was not within an MRZ-2 area; therefore, the Approved Project would not result in the loss of availability of a known mineral resource in Ontario.
Discussion of Effects: As discussed above, the Project site is designated as MRZ-3. Therefore, no impacts to mineral resources are anticipated. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
13. NOISE. Would the project result in:
The analysis in this section is based on the Noise & Vibration Technical Memorandum for Hotel Ontario Aloft + Residence Inn Project prepared by PlaceWorks dated November 17, 2025. This report is provided in its entirety as Appendix C of this Addendum.
a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
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Summary of Certified EIR Finding: The Certified EIR concluded that nighttime construction noise impacts were predicted to occur for sensitive receptors . To reduce construction noise impacts during nighttime hours to below the significant impact threshold, Mitigation Measure N -1 required installation of temporary noise barriers around the work site that have sufficient heights to block the direct line -of-sight between the onsite construction areas and off -site noise sensitive receptors. Additional mitigation measures, including positioning of equipment away from sensitive receptors and minimizing equipment idling, would further reduce overall noise levels during construction activities. Therefore, with the implementation of Mitigation Measure N-1, construction impacts would be reduced to less than significant levels.
During operation, t he Approved Project would result in potentially significant long -term increase in noise levels associated with traffic noise, and commercial noise. Traffic generated by the Approved Project would result in a substantial increase in noise levels in the vicinity of noise - sensitive land uses. However, there are no feasible mitigation measures that would reduce traffic generated by vehicles associated with the Approved Project . Therefore, traffic noise impacts would be significant and unavoidable.
To ensure compliance with the more stringent overnight noise levels in the City’s Municipal Code (45 dBA at single -family residences from 10:00 pm to 7:00 am), Mitigation Measure N -2 required that HVAC equipment for the indoor athletic facility be designed and/or placed to yield a sound level less than 58 dBA at 50 feet and Mitigation Measure N -3 require d that HVAC equipment noise levels on all other structures, including the proposed hotel, retail spaces, Chicken N Pickle, community center, and pool building, be limited to 65 dBA at 50 feet to ensure compliance with nighttime limits at residences to the east along Plymouth Avenue. With the implementation of Mitigation Measures N-2 and N-3, commercial noise would reduce to less than significant noise levels.
Discussion of Effects:
Construction Noise Impacts
The Modified Project would redistribute the commercial/retail and hotel space within PAs 2 through 4 of the ORSC site, resulting in an overall reduction in building square footage across these PAs of the ORSC. Due to the overall decrease in building space under the Modified Project when compared to the Approved Project and corresponding decrease in the duration of construction activity, on-site construction activities and the associated construction noise levels during maximum activity days, which are used for measuring impact significance, would be similar to those of the Modified Project.
The Certified EIR concluded that the maximum daytime construction noise levels at the nearest receptor group to PAs 2 through 4, Recep tor Group 5 ( see Figure 9, Noise-Sensitive Receptor Groups ; residences east of the Cucamonga Creek Channel), would be 72 dBA, as shown in Table 5.13-14, Ontario Regional Sports Complex Daytime Cumulative Construction Noise, of the Certified EIR. These maximum noise levels were anticipated to occur during Phase 1A of the ORSC, which included mass grading of the ORSC site. Cons truction of the retail and hospitality uses of PA 2 through 4 was anticipated in Phases 1B and 2, when noise levels would reach a maximum of 68 dBA at Receptor Group 5. As shown in Table 5.13- 10, Source Noise Levels for Construction Equipment, of the Certified EIR, the average Lmax of the loudest piece of equipment used for construction of the ORSC is 92 dBA at 50 feet. The nearest sensitive receptor to the Modified Project in Receptor Group 5 is approximately 140 feet east of the boundary of PA 2. Noise levels from the loudest pieces of equipment would attenuate to 78 dBA at the outdoor activity areas of these residences, accounting for a 3 dBA reduction from the existing sound wall.
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Therefore, conservatively assuming that the loudest pieces of equipment would be used at the boundary of the Project site, the maximum noise level of this activity would not exceed the FTA threshold of 80 dBA Leq for residential areas. Daytime construction impacts under the Modified Project would remain less than significant. Though construction of the retail and hospitality uses in PAs 2 through 4 was not anticipated to occur at night, the provisions of Mitigation Measure N-1 would apply to all constructi on under the ORSC, including the portion under the Modified Project. Compliance with this measure would result in a further reduction of construction noise. Therefore, nighttime construction impacts would also be less than significant. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Operational Noise Impacts
Traffic Noise
A project will normally have a significant effect on the environment related to traffic noise if it substantially increases the ambient noise levels for adjoining areas. Most people can detect changes in sound levels of approximately 3 dBA under normal, qu iet conditions, and changes of 1 to 3 dBA under quiet, controlled conditions. Changes of less than 1 dBA are usually indiscernible. A change of 5 dBA is readily discernible to most people in an outdoor environment.
Based on this, a significant impact would occur if traffic noise increases by 3 dBA.
Table 6-2, Average Daily Trip Generation Comparison for the Approved Project and Modified Project, shows that trips to the ORSC would decrease on the typical weekday with a stadium event scenario and would increase on Saturdays under both the “one tournament, no baseball stadium event” and “baseball stadium event with no tournament” scenarios. A doubling in daily traffic trips due to the Modified Project would result in a 3 dBA increase. The increase of 114 trips on Saturdays under the Modified Project represents a 1.4 percent increase in Saturday average daily traffic trips. This increase would result in a noise level increase of less than 1 dBA due to the Modified Project. Therefore, traffic noise impacts under the Modified Project are expected to remain similar to those under the Approved Project. Though impacts would continue to remain significant and unavoidable, the Modified Project would not result in new or increase the severity of traffic-related noise impacts compared to the Certified EIR.
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Figure 9: Noise-Sensitive Receptor Groups
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Stationary Source Noise
The Modified Project would result in a reduction of building square footage across PAs 3 and 4, which would also reduce the amount of noise-producing stationary sources in these PAs, including HVAC equipment, loading docks , emergency generators, and maintenance equipment. The proposed hotel in PA 2 would result in an increase in hotel square footage in this PA when compared to the Approved Project. According to P roject site plans, the distance from the footprint of the hotel complex to the nearest sensitive receptor (residences east of the ORSC in Receptor Group 5) is approximately 370 feet.
To ensure that noise levels associated with the proposed hotel meet the City’s Municipal Code standards for noise from HVAC equipment at sensitive receptor locations, in addition to other development within PAs 2 through 4, the Modified Project would be required to implement Mitigation Measure N -3. As noted in the Certified EIR, noise associated with loading docks at hotel uses in PAs 2 through 4 would not result in noise levels that exceed the City’s noise standards at sensitive recepto r locations. The loudest potential noise source from loading dock activities would be movement alarms on trucks that result in noise levels of 74 dBA at 50 feet.
However, this activity would only occur in the daytime hours (7:00 am to 10:00 pm) , and noise levels would attenuate to 59 dBA at the nearest sensitive receptors. At 370 feet, the distance of the proposed hotel building to the nearest sensitive receptor, noise levels associated with loading dock activities would attenuate to 57 dBA. Similar to the Approved Project, potential stationary noise under the Modified Project would not exceed the City’s maximum allowable noise standards pursuant to Municipal Code Section 5-29.04.
With implementation of Mitigation Measure N-3, impacts would continue to remain less than significant, and the Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR . No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required. The following mitigation measure s from the Certified EIR are applicable to the Modified Project:
N-1 The construction contractor shall implement the following measures during construction activities on the ORSC site and Offsite Improvement Area.
These measures shall be identified on demolition, grading, and/or building permits.
• Prior to construction activities that warrant nighttime construction (e.g., infrastructure work, concrete pours, etc.), the construction contractor shall install noise pathway controls, including noise barriers and enclosures free from gaps and holes, whic h shall be placed as close as possible to construction areas. The temporary noise barrier shall be a sufficient height to block the direct line -of- sight between the on -site construction areas and off- site noise sensitive receptors and shall be a minimum of 6 feet tall and shall be constructed out of wood or other materials with a minimum surface weight of approximately 2.5 pounds per square foot.
• Construction equipment operating on a site shall be equipped with the appropriate manufacturer’s noise reduction devices, including but not limited to a manufacturer’s muffler (or equivalently rated material) that is free of rust, holes, and exhaust leaks. 1425
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• Noise from construction devices with internal combustion engines shall be mitigated by ensuring that the engine's housing doors are kept closed, and by using noise-insulating material mounted on the engine housing that does not interfere with the manufactu rer's guidelines for engine operation or exhaust.
• Portable compressors, generators, pumps, and other such devices shall be covered with noise-insulating fabric to the maximum extent possible that does not interfere with the manufacturer's guidelines for engine operation or exhaust, and shall further reduc e noise by operating the device at lower engine speeds during the work to the maximum extent possible.
• Idling on -site of heavy -duty diesel vehicles with Gross Vehicle Weight Rating of 10,000 pounds shall be limited to no longer than five minutes while parking, standing, or stopping, as per 13 California Code of Regulations Section 2485, Airborne Toxic Contr ol Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling.
• Quieter back-up alarms on construction equipment shall be used whenever feasible.
• Construction vehicles shall be strategically positioned to minimize operation near receptors and avoiding tailgate slamming to the extent possible.
N-3 HVAC Equipment, Planning Areas 2, 3, 4, and 7 Buildings. An acoustics study shall be provided to the City of Ontario prior to building permit issuance for new structures with HVAC systems in Planning Areas 2, 3, 4, and 7 that documents compliance with the overnight noise levels in the City’s municipal code (45 dBA at single -family residences from 10:00 pm to 7:00 am). HVAC equipment for the indoor athletic facility shall be designed and/or placed to yield a sound level less than 65 dBA at 50 feet to en sure compliance would result in a noise level of approximately 44 dBA at residential land uses to the east along Plymouth Avenue. Noise associated with operation of heating and cooling equipment shall be minimized by the design and strategic placement of equipment.
b. Generation of excessive groundborne vibration or groundborne noise levels ?
Summary of Certified EIR Finding: The Certified EIR concluded that vibration -inducing activities that we re proposed for construction of the Approved Project included the use of vibratory rollers, bulldozers, and dump trucks. The highest vibration level when evaluating for structural damage was 0.1601 Peak Particle Velocity (PPV) , which was below the Federal Transit Administration’s (FTA’s) damage impact criteria. This level was predicted to occur at the commercial strip mall at 1919 East Riverside Avenue, which was approximately 32 feet from the ORSC site. Therefore, sensit ive structures farther away would also ha ve no damage impact from construction, and impacts would be less than significant.
Vibration annoyance predictions were calculated to estimate an approximate distance to impact for vibratory rollers, bulldozers, and dump trucks. For an annoyance impact to occur, a vibratory roller would need to be used closer than 27 feet; a large bulldo zer would need to be 1426
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used closer than 12 feet; and a dump truck/loaded truck would need to be used closer than 12 feet. The nearest vibration -sensitive receptor to the proposed work areas was approximately 35 feet away. Therefore, no vibration annoyance is predicted to occur during construction, and impacts would be less than significant.
Discussion of Effects: As previously stated, the closest off-site building to the ORSC noted in the Certified EIR is 32 feet north of the ORSC site. The closest buildings to PAs 2 through 4 are the residences east of the ORSC site along Plymouth Avenue, approximately 140 feet away. Since the Modified Project’s use of construction equipment would remain largely the same as that under the Approved Project, vibration impacts under the Modified Project would remain the same as under the Approved Project. Therefore, the Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
Summary of Certified EIR Finding: The Certified EIR concluded that t he ORSC site was approximately 2.8 miles south of ONT and approximately 2.2 miles northeast of the Chino Airport.
The site was within the influence areas of both airports but outside the safety zones and noise contours of both airports. Therefore, the Approved Project would not expose people to substantial levels of airport-related noise, and impacts would be less than significant.
Discussion of Effects : As discussed above, the Project site is located within the ONT and Chino Airport Influence Area, but outside of the safety and noise contours. Therefore, the Modified Project would not expose people residing or working in the project area to excessive noise levels and impacts would be less than significant. The Modified Project would not res ult in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
14. POPULATION & HOUSING. Would the project:
a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)?
Summary of Certified EIR Finding: The Certified EIR concluded that although the Approved Project would increase the number of jobs in the City, it was not expected to induce population growth and the jobs created by the Approved Project were expected to be filled by the existing local and regional labor pool. Additionally, the Approved Project did not include residential uses; however, the Approved Project would need to comply with SB 330 and SB 166 to offset the loss of housing potential identified in TOP 2050 for the ORSC site. To ensure compliance with State housing laws, the Approved Project would redesignate 94 acres along the Vineyard Corridor, south of the ORSC site, to a more intense land use designation—from LDR to MDR. This action is solely to replace the housing capacity designated for the ORSC site under TOP 2050 and to comply with State housing laws. The Approved Project would therefore not facilitate unplanned population growth due to the production of housing. Consequently, impacts would be less than significant . 1427
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Discussion of Effects: The Modified Project would result in the development of an 226-key hotel and does not include a residential component. As discussed previously, the proposed hotel would generate approximately 8 hotel staff. Total buildout of the Modified Project would result in a total of 212 employees 3, compared to the Approved Project ’s 505 employees in PAs 2 to 4 , resulting in a decrease of 293 employees. According to the California Employment Development Department (EDD), as of July 2025, the City of Ontario has a labor force of 95,000 persons and of that labor force, 5,300 are unemployed (unemployment rate of 5.6 percent) (EDD, 2025) .
According to SCAG’s 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy, the City of Ontario is anticipated to employ approximately 187,700 persons by 2050 (SCAG, 2024).
Additionally, the TOP 2050 projected 296,002 employees in 2050. Therefore, the Modified Project is consistent with both the SCAG’s 2045 and TOP 2050 employment projections for the City. Project - generated jobs are negligible and well within the employment projections for the City of Ontario.
Operation of the Modified Project would not induce substantial unplanned population growth in the Project area, either directly or indirectly and would not exceed regional or local growth projections. Therefore, no impac ts are anticipated . The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
Summary of Certified EIR Finding: The Certified EIR concluded that t he ORSC site wa s primarily utilized for agricultural use but contain ed some single-family homes, and development of the ORSC site would require the removal of these rural residential units , resulting in the displacement of one resident at the existing dairy . However, the City had a vacancy rate of 4.7 percent and therefore was expected to have adequate housing capacity to accommodate the displaced resident. Implementation of the Approved Pr oject would not result in the need to rebuild existing homes or construct replacement housing. Therefore, impacts with regard to displacement would be less than significant.
Discussion of Effects : The Project site does not contain any housing and there are no people living at the Project site that would be displaced by the Modified Project. Therefore, no impacts are anticipated . The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
15. PUBLIC SERVICES. Would the project:
a. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
3 Using a generation rate of 1 employee per 400 square feet for retail uses: 81,567.98 s.f./400 = 204 employees. 204 + 8 hotel staff = 212 employees
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i. Fire protection?
Summary of Certified EIR Finding: Fire prevention services were provided by the Ontario Fire Department (OFD) with Station 3 being the primary response station . The Certified EIR concluded that the Approved Project would result in periodic and permanent increases in demand for fire protection and emergency medical services on the ORSC site due to t he increased activities on site includ ing employees and attendees of games and events at the proposed baseball stadium, as well as daily employment and visitors of the proposed retail, hotel, and City park and community recreation center uses. While the Approved Project would result in increased activity on the ORSC site and would therefore increase the number of fire protection and emergency service calls when compared to existing site conditions, it would not require the construction or alteration of fire protection facilities for the purposes of maintaining service ratios, response times, or other performance objectives for OFD fire protection services, as stated by correspondence with OFD. Project design plans would be reviewed by OFD, and potential fire protection and emergency service needs for high-attendance events on the ORSC site would be communicated to OFD. Additionally, development impact fees (DIF) would also be collected in order to build and supply necessary fire and emergency service needs . Therefore, impacts to fire protection services would be less than significant.
Discussion of Effects : Although the Modified Project would involve an increased number of rooms within the proposed hotel than previously anticipated in the Certified EIR, overall buildout would result in an overall reduction in commercial uses compared to the buildout of the Approved Project previously analyzed under the Certified EIR. Accordingly, the development activities proposed by the Modified Project were planned by the Approved Project and, thus, the Modified Project’s demand for fire protection services was anticipated by the Certified EIR . The proposed building wou ld be constructed in accordance with the applicable provisions of the adopted California Fire Code (CFC) and the City’s Municipal Code Section 4 -4.01, ordinances, and standard conditions regarding fire prevention and suppression measures related to water improvement plans, fire hydrants, fire access, and water availability. The Modified Project will not require the construction of any new fire protection facilities or alteration of any existing fire protection facilities or cause a decline in the levels of service, which could cause the need to construct new fire protection facilities. Consistent with the findings of the Certified EIR, DIF would also be collected in order to build and supply necessary infrastructure for fire protection services, as necessary. Therefore, the Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
ii. Police protection?
Summary of Certified EIR Finding: Police protection services were provided by the Ontario Police Department (OPD). The Certified EIR concluded that though the Approved Project would increase activity on the ORSC site, thereby increasing the number of potential service calls to the ORSC site when compared to existing conditions, the Approved Project would not require the construction or alternation of OPD facilities in order to maintain OPD’s performance objectives for police services. Additionally, OPD did not anticipate any concerns with providing service to the ORSC so long as the ORSC incorporate d the recommend lighting and security features required by the City’s Municipal Code and traffic -reduction measures in the event traffic management plan. Pursuant to the City’s existing permitting process, the City’s Building Department would review final site plans for the ORSC to ensure that crime prevention through design measures and other OPD recommendations are incorporated as part of the ORSC. Furthermore, the ORSC would 1429
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be required to pay DIFs to help offset costs associated with providing police services to the ORSC.
Therefore, impacts to police protection services would be less than significant.
Discussion of Effects : Overall buildout of the Modified Project would result in an overall reduction in commercial uses compared to the buildout of the Approved Project previously analyzed under the Certified EIR. Accordingly, the development activities proposed by the Modified Project were planned by the Approved Project , thus, the Project’s demand for police protection services was anticipated by the Certified EIR . Exterior cameras will be mounted at building entrances, pool area, patio area, and parking lot. The Project plans would be reviewed and approved by the City’s Building and Police Departments, which would ensure that adequate safety and crime prevention measures are provided within the Project’s design. The Modified Project will not require the construction of any new police protection facilities or alteration of any existing police protection facilities or cause a decline in the levels of service, which could cause the need to construct new police protection facilities. Consistent with the findings of the Certified EIR, DIF would also be collected in order to build and supply necessary infrastructure for police protection services, as necessary. Therefore, t he Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
iii. Schools?
Summary of Certified EIR Finding: The ORSC site was the attendance areas of three public school districts, Chino Valley Unified School District for elementary, junior high, and high school (western portion of site); Mountain View School District (MVSD) for elementary and junior high school (eastern portion of site); and Chaffey Joint Union High School District (CJUHSD) for high school (eastern portion of site) . The Certified EIR concluded that the Approved Project did not include residential uses and therefore would not increase the student population in the school districts that serve the site. Additionally, MVSD stated that the change of planned use for the ORSC site from residential under the Armstrong Ranch Specific Plan to stadium/commercial/recreation under the ORSC may reduce the need for an elementary school in the vicinity and would not result in impacts to MVSD’s long term plans. Therefore, impacts to school services would be less than significant.
Discussion of Effects: The Project site is within the school boundaries of MVSD and CJUHSD.
The Project Applicant proposes to redevelop the site with a hotel and co mmercial us es.
Implementation of the Modified Project does not include residential uses with the potential to result in substantial direct growth in the population, nor an increase in student population. The Project Applicant would develop the Project site within the total buildout of the Approved Project and, thus, the Modified Project’s indirect demand for public school services was anticipated by the Certified EIR . Additionally, t he Modified Project would be required to pay school fees as prescribed by state law prior to the issuance of building per mits. Therefore, the Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
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iv. Parks?
Summary of Certified EIR Finding: Park service s were discussed under the Recreation section of the Certified EIR . The Certified EIR concluded that impacts to recreation would be less than significant. Details on the summary findings are discussed below in Section 16.
Discussion of Effects: The Modified Project does not include residential uses and would not introduce new residents to the City necessitating the need for additional parks. The Modified Project will not require the construction of any new parks or alteration of any existing parks or cause a decline in the levels of service, which could cause the need to construct new park facilities. Therefore, the Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR . No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
v. Other public facilities?
Summary of Certified EIR Finding: The Certified EIR concluded that the demand on libraries is based on the generation of a resident population and the Approved Project would not introduce any new permanent residents that may become patrons of the Ontario Library System.
Therefore, implementation of the Approved Project would not directly create a demand for public library facilities and would not directly result in the need to modify existing or construct new library and no impact would occur to library services or facilities.
Discussion of Effects: The Modified Project does not include residential uses and would not introduce new residents to the City necessitating the need for additional public facilities. The Modified Project will not require the construction of any new public facilities or alteration of any existing public facilities or cause a decline in the levels of service, which could cause the need to construct new public facilities. Therefore, t he Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
16. RECREATION. Would the project:
a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities that have an adverse physical effect on the environment?
Summary of Certified EIR Finding: The Certified EIR concluded that the Approved Project included a variety of multiuse sports and recreational facilities, including soccer fields, baseball fields, an indoor gymnasium for basketball and volleyball, an aquatics facility, a skate park, pickleball/tennis courts, trails and open space, and playgrounds, in addition to the baseball stadium and supporting hospitality and retail. These facilities would be available for use by the public and would increase the total parks and recreation land acreage in the city to 662.82 acres, which is an approximately 25 percent increase to the current 528.66 acres. The Approved Project did not involve residential uses and therefore would not contribute to population growth in the City that would increase the use of other existing parks and recreational facilities. Because the 1431
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Approved Project would increase the acreage of recreational amenities in the City, no impact would occur.
Discussion of Effects: The Modified Project is not proposing any new housing or large employment generator that would cause an increase in the use of neighborhood parks or other recreational facilities. The Modified Project would include recreation facilities such as outdoor pool, spa and kiddie pool, and multiple outdoor patios with an outdoor bar and fire pits that would serve future hotel patrons. Construction of these facilities are discussed through out this Addendum. Therefore, t he Modified Project does not require the expansion of recr eational facilities. Implementation of the Modified Project would not result in any adverse physical effects on the environment due to the construction of recreational facilities. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR . No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
17. TRANSPORTATION/TRAFFIC. Would the project:
a. Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities?
Summary of Certified EIR Finding: The Certified EIR concluded that the Approved Project included street widening and intersection improvements from half width to potentially full width along Vineyard Avenue, Riverside Drive, and Chino Avenue . None of the roadways immediately adjacent to the ORSC site had bike lanes (Class II) or designated bike routes (Class III). New roadways would include bicycle and pedestrian facilities in accordance with the City’s Circulation Plan and the proposed bicycle facilities o n the internal and improved roadway segments would improve overall access throughout the ORSC site. The Approved Project would also enhance pedestrian facilities throughout the ORSC site by providing new sidewalks and enhanced lighting and landscaping in addition to bicycle lanes, which would enhance pedestrian safety. Moreover, the Approved Project did not include new transit service; however, existing transit system would continue to serve the site. Therefore, no significant impacts associated with conflicts with the City’s multimodal plans would occur , and impacts would be less than significant.
Discussion of Effects:
Roadway Improvements
Roadway improvements surrounding the Project site was analyzed as part of the Certified EIR. The Modified Project would not require roadway improvements at nearby intersections. All proposed improvements within the public right -of-way of the Project site would be installed in conformance with City design standards. Therefore, the Modified Project would not result in any new, increased or substantially different impacts related to roadway improvements, other than those previously considered and addressed in the Certified EIR.
Bicycle and Pedestrian Facilities
The Project site is not located along a bikeway. As concluded in the Certified EIR, new roadways would include bicycle and pedestrian facilities in accordance with the City’s Circulation Plan. As part of the Approved Project, bicycle infrastructure on roadways immediately adjacent to the ORSC site, including a Class I multiuse trail along the west side of Vineyard Avenue and Class II bike lanes along Riverside Drive between Vineyard Avenue and the Cucamonga 1432
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Channel. The Project would be confined to the Project site and would not conflict within the existing or planned bikeways. In addition, the Modified Project would provide bike racks to accommodate bicycle access to the Project stie.
The Project site features (buildings, parking areas, etc.) would be connected by ADA compliant sidewalks and striped crosswalks within the parking areas to the existing ensure pedestrian access throughout Project site. Additionally, the Modified Project would install sidewalks on C Street , A Street, South Champions /Hellman Avenue , and Riverside Drive .
Implementation of the Modified Project would not interfere with the City’s Active Transportation Plan. No impacts would occur.
Transit
Transit service to the City is provided by OmniTrans. The closest bus route to the Project site is Route 8 2 with a bus stop located at the northwestern corner of the Project site . The City of Ontario strives to provide a transit system that serves as a viable alternative to automobile travel.
The Project would support transit use by improving existing pedestrian and bicycle facilities in the Project area. The Project would not introduce new features to any public road that would affect transit in the Project area. As such, a less than significant impact would occur.
As demonstrated, the Modified Project would not conflict with the City’s Mobility Element, and impacts associated with conflict of an applicable program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle , and pedestrian facilities would be less than significant . Therefore, the Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
b. Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b) ?
Summary of Certified EIR Finding: The Certified EIR concluded that VMT would increase under the Approved Project . Mitigation Measures TRAF -1 and TRAF -2 would reduce potential impacts for future development projects to the extent feasible. Future development in the ORSC would need to consider transportation demand management (TDM) measures consistent with those identified in the Mobility Element. In addition, Mitigation Measure TRAF-2 would reduce VMT during events. Implementation of TDM measures could reduce VMT by up to 6,101,308 miles, or by up to approximately 10 percent ; however, annual average weekday VMT would continue to exceed the City’s threshold. Therefore, VMT impacts would remain significant and unavoidable.
Discussion of Effects: Trip generation represents the amount of traffic that is attracted to and produced by a development project. As shown in Table 6-2, Average Daily Trip Generation Comparison for the Approved and Modified Project, three scenarios were considered in the trip generation estimates include a “typical weekday with a stadium event” scenario and two scenarios for Saturday trips —one accounts for a tournament at the athletic facilities and no baseball stadium event; the other accounts for a baseball stadium event and no tournaments. As shown in Table 6 -2, the Modified Project would result in an increase in trips during the scenarios modeled for events on Saturdays, but would result in a decrease in trips during the weekday scenario. Overall build out of the Modified Project would result in an overall reduction in commercial uses compared to the buildout of the Approved Project previously analyzed under the Certified EIR. Accordingly, the development activities proposed by the Modified Project were planned by the Approved Project, thus, the Modified Project’s VMT would anticipated in the Certified EIR. Consistent with the findings of the Certified EIR, Mitigation Measure TRAF -1 would be 1433
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applicable to the Modified Project and require the preparation of Transportation Demand Management measures. With the implementation of Mitigation Measure TRAF -1a, Project’s VMT impact would remain significant and unavoidable and would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required. Mitigation Measure TRAF-1a is applicable to the Modified Project.
c. Substantially increase hazards due to a geometric design feature (e. g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
d. Result in inadequate emergency access?
Summary of Certified EIR Finding: The Certified EIR discussed thresholds c and d together and concluded that the traffic and circulation components of the Approved Project would be designed and constructed in accordance with all applicable City of Ontario design standards for emergency access to address fire and emergency access needs. During the building plan check and development review process, the City would coordinate with OFD and OPD to ensure that the necessary fire prevention and emergency response features are incorporated and that adequate circulation and access is provided. Therefore, impacts on emergency access would be less than significant. Additionally, all off-ramp queues are forecast to be contained within the available storage capacity and are not anticipated to affect the freeway mainline. Therefore, impacts to Caltrans facilities would be less than significant. Moreover, parking demand created by the events at the outdoor and indoor sports park would not create traffic hazards.
However, c onstruction activities would generate truck traffic that has the potential to generate traffic hazards, and events would generate substantial population at the ORSC site.
Mitigation Measure TRAF -3 would require preparation and implementation of a construction management plan. With implementation of Mitigation Measure TRAF -3, potential impacts associated with construction hazards would be reduced to a level that is less than significant.
Mitigation Measure TRAF-2 would require preparation of a Park ing and Event TMP to ensure that traffic on weekends with major events would not impede emergency operations or local traffic.
The TMP would be prepared to analyze traffic conditions during an event and provide recommendations to direct traffic operations. Therefore, no significant impacts relating to event traffic would remain, and impacts would be less than significant.
Discussion of Effects : The Modified Project’s potential to increase hazards as a result of a geometric design feature has been assessed to provide adequate access/circulation. The Modified Project’s circulation plan has been designed to be compatible with all foreseeable vehicles. Vehicular access will be provided via a total of 3 driveways: one each on C Street, A Street, and South Champions /Hellman Aven ue. The Modified Project area is generally characterized by recreational uses. Traffic generated by the Modified Project would be typical of a hotel and be compatible with the type of traffic generated by the existing and surrounding development. In addition, all proposed improvements within the public right -of-way would be installed in conformance with City design standards. The City of Ontario Engineering Department reviewed the Modified Project’s application materials and determined that no hazardous transportation design features would be introduced by the Modified Project. At the time of final grading, landscape, and street improvement plans, the City will further review project access points to ensure adequate sight distance. Accordingly, the Modified Project would not create or substantially increase safety hazards due to a design feature or incompatible use and impacts would be a less than significant.
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The Modified Project will be designed to provide access for all emergency vehicles and meet all applicable OFD and OPD access requirements to ensure that adequate access would be provided for emergency vehicles at Project build out . During construction activities that include road and sidewalk improvements, the Modified Project would provide adequate emergency access along abutting roadways during temporary construction activities within the public right-of-way. As concluded in the Certified EIR, Mitigation Measure TRAF-3 would require a construction management plan to ensure construction activities would not impair the City’s emergency response plan or evacuation plan . As a result, the Modified Project would not a less than significant impact to emergency access. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required. Mitigation Measure TRAF -3 is applicable to the Modified Project.
18. TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically de fined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)?
b. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision(c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
Summary of Certified EIR Finding: The Certified EIR concluded that results of the Sacred Lands File (SLF) check conducted through the Native American Heritage Commission (NAHC) was negative and did not indicate the presence of known tribal cultural resources within or immediately adjacent to the ORSC site . In accordance with AB 52 and SB 18 requirements, the City sent invitation letters to the Native American contacts provided by the NAHC and two tribes, the Gabrieleño Band of Mission Indians–Kizh Nation and the Cahuilla Band of Indians, responded.
Construction of the Approved Project would require excavation and grading of the ORSC site in addition to trenching along Vineyard Avenue for the off -site sewer extension that could lead to the potential to uncover tribal cultural resources during construction . Mitigation Measures TCR -1 through TCR-3 would reduce potential impacts associated with tribal cultural resources to a level that is less than significant. Therefore, no significant unavoidable adverse impacts relating to tribal cultural resources would remain.
Discussion of Effects : As analyzed in Response 5.a, there are no resources on the Project site that are eligible for listing in the California Register of Historical Resources or in a local register of historical resources as defined by Public Resources Code Section 5020.1(k). Therefore, implementation of the Modified Project would not result in a substantial adverse change in the significance of a listed historical resource. Additionally, the Certified EIR concluded that no resources were recorded in the OR SC site. However, since the Modified Project would require excavation for construction into previously un disturbed soils, there is a potential to uncover undiscovered prehistoric artifacts or tribal cultural resources during excavation. Therefore, while unlikely, the presence of subsurface tribal cultural resources on the Project site remains possible, 1435
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and these could be affected by ground -disturbing activities associated with construction at the Project site. As a result, consistent with the findings of the Certified EIR , implementation of Mitigation Measures TCR -1 through TCR-3 would ensure preclude potential impacts to tribal cultural resources as defined in Public Resources Code 5024.1(c). Therefore, the Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required. The following mitigation measure s from the Certified EIR are applicable to the Modified Project:
TCR-1 Tribal Cultural Resources Monitoring. The project archaeologist, in consultation with interested tribes and the City of Ontario, shall develop an archaeological monitoring plan (AMP) to address the details, timing, and responsibility of archaeological and cultural activities that will occur on the ORSC site and Offsite Improvement Area. Details in the AMP shall include:
1. Project-related ground disturbance (including, but not limited to, brush clearing, grading, trenching, etc.) and development scheduling;
2. The development of a rotating or simultaneous schedule in coordination with the developer and the project archeologist for designated Native American Tribal Monitors from the consulting tribes during grading, excavation, and ground-disturbing activities on the site:
including the scheduling, safety requirements, duties, scope of work, and Native American Tribal Monitors’ authority to stop and redirect grading activities in coordination with all project archaeologists. Tribes shall coordinate as to Tribal Monitoring concurrent with development;
3. The protocols and stipulations that the City, Tribes, and project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.
At least 30 days prior to application for a grading permit and before any brush clearance, grading, excavation, and/or ground -disturbing activities on the site, the developer shall retain a tribal cultural monitor to monitor all ground-disturbing activitie s in an effort to identify any unknown archaeological resources.
Pursuant to the AMP, a tribal monitor from the consulting tribes shall be present during the initial grading activities. If tribal resources are found during grubbing activities, the tribal monitoring shall be present during site grading activities.
TCR-2 Treatment and Disposition of Cultural Resources. In the event that Native American cultural resources are inadvertently discovered during the course of any ground -disturbing activities, including but not limited to brush clearance, grading, trenching, etc., at the ORSC site or Offsite Improvement Area, t he following procedures will be carried out for treatment and disposition of the discoveries:
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1. Temporary Curation and Storage: During the course of construction, all discovered resources shall be temporarily curated in a secure location on-site or at the offices of the project archaeologist. The removal of any artifacts from the ORSC site and Offsite Improvement Area will need to be thoroughly inventoried with tribal monitor oversight of the process;
2. Treatment and Final Disposition: The landowner(s) shall relinquish ownership of all cultural resources, including sacred items, burial goods, and all archaeological artifacts and nonhuman remains as part of the required mitigation for impacts to cultural resources. The City shall relinquish the artifacts through one or more of the following methods:
a. Accommodate the process for on -site reburial of the discovered items with the consulting Native American tribes or bands. This shall include measures and provisions to protect the future reburial area from any future impacts. Reburial shall not occur until all cataloging, basic analysis, other analyses as recommended by the project archaeologist and approved by consulting tribes, and basic recordation have been completed; all documentation should be at a level of standard professional practice to allow the writing of a report of professional quality;
b. A curation agreement with an appropriate qualified repository in San Bernardino County that meets federal standards per 36 CFR Part 79, and therefore the resource would be professionally curated and made available to other archaeologists/researchers for further study. The collections and associated records shall be transferred, including title, to an appropriate curation facility in San Bernardino County, to be accompanied by payment of the fees necessary for permanent curation;
c. For purposes of conflict resolution, if more than one Native American tribe or band is involved with the project and cannot come to an agreement as to the disposition of cultural materials, materials shall be curated at the San Bernardino County Museum by default;
d. At the completion of grading, excavation, and ground -disturbing activities on the site, a Phase IV Monitoring Report shall be submitted to the City documenting monitoring activities conducted by the project archaeologist and Native Tribal Monitors within 6 0 days of completion of grading. This report shall document the impacts to the known resources on the property; describe how each mitigation measure was fulfilled; document the type of cultural resources recovered and the disposition of such resources; pro vide evidence of the required cultural sensitivity training for the construction staff held during the required pregrade meeting; and, in a confidential appendix, include the daily/weekly monitoring notes from the archaeologist. All reports produced will be submitted to the City, County Museum, and consulting tribes.
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TRC-3 Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects. Native American human remains are defined in Public Resources Code Section 5097.98(d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Se ction 5097.98, are also to be treated according to this statute.
a) If Native American human remains and/or grave goods are discovered or recognized on the ORSC site or Offsite Improvement Area, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed.
b) Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
c) Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.
d) Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
19. UTILITIES AND SERVICE SYSTEMS. Would the project:
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Summary of Certified EIR Finding: The Certified EIR concluded that the Approved Project would result in an increase in wastewater generation with the addition of residential and nonresidential land uses to an existing property currently on septic systems. Additionally, the Approved Project would require the expansion of the existing sewer infrastructure and the sewer installations would be require to comply with the City’s Municipal Code Chapter 7, Section 6-7.707, Sanitary Sewer Installation Policy and the Setting of Sewer Connection Fees. Additionally, the OMUC regularly provides and prioritizes sewer projects for inclusion in the latest Capital Improvements Program (CIP), which includes a budget for wastewater infrastructure improvements over a five-year planning horizon. Therefore, there would be no significant impacts on wastewater infrastructure.
Additionally, the City’s potable w ater and recycled water distribution systems would be improved and expanded with completion of the Approved Project. Planned new construction and expansion of the water distribution system due to the Approved Project would not significantly impact water treatment nor the City’s water distribution system. Additionally, OMUC had capital improvement projects to monitor and upgrade their potable water and recycled water distribution systems, as described in their Water and Recycled Water Master Plans. Therefore, there would be no significant impacts on water infrastructure.
Development contemplated by the Approved Project would result in an increase in impervious surfaces, which in turn could result in an increase in stormwater runoff, higher peak discharges to drainage channels, and the potential to cause nuisance flooding in areas without adequate drainage facilities. The Approved Project would be required to comply with the City’s storm drain policies and the MS4 permit, which would require the preparation of hydrology reports and drainage plans for review a nd approval by t he City to ensure that there are no adverse impacts to the City’s storm drain system. Also, the Approved Project would need to prepare a 1438
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WQMP that addresses stormwater runoff and requires the construction of stormwater treatment facilities for temporary on -site retention of stormwater runoff. These requirements would minimize the amount of stormwater runoff from potential future development. Compliance with the City’s policies and programs that ensure adequate infrastructure and the regulatory provisions in the MS4 permit that limit runoff from new development would ensure that implementation of the Approved Project would not result in significant increases in runoff that would contribute to the construction or expansion of new storm drains beyond what is already planned. Therefore, impacts with respect to stormwater infrastructure would be less than significant.
The Approved Project included undergrounding electric transmission lines along Chino Avenue and may include undergrounding of transmission lines along Riverside Drive. SCE forecasts that it will have sufficient electricity supplies to meet demands in its service area. Additionally, electricity used on -site would be offset through solar panels required under Mitigation Measure GHG-2. Moreover, natural gas service would be extended to the ORSC site, provided by SoCalGas through connections to existing off -site gas distribution lines and new on -site infrastructure .
Furthermore, a number of franchised telecommunications providers are available in the region, and no significant expansion or construction of the telecommunications network is anticipated as a result of implementation of the Approved Project . The Approved Project also included an extension of the City’s OntarioNet fiber optic network to the ORSC site . Although the dry utilities infrastructure to the ORSC site would be extended, the construction or relocation of these facilities would not cause significant environmental effects, and impacts would be less than significant.
Discussion of Effects:
Water and Wastewater
The Modified Project would include the installation of water and wastewater lines within the Project site. Water would be accommodated via proposed 6 -inch water lines from the northeastern portion of the building to the existing 12-inch water main on C Street. Additionally, a proposed 2-inch recycled water line would extend from the southwestern portion of the proposed building to the existing12-inch recycled water main on South Champions/Hellman Avenue. Sewer would be accommodated via proposed 8- inch and 10-inch sewer lines that would extend from the northeastern and southeastern corners of the building to an existing 10-inch sewer mains on C Street and South Champions/Hellman Avenue.
Although the Modified Project would result in new water and wastewater line connections, these connections would occur on-site and would be part of the Modified Project’s construction phase, which is evaluated throughout this Addendum. The construction of the Modified Project’s water and wastewate r lines necessary to serve the Modified Project would not result in any significant physical effects on the environment that are not already identified and disclosed as part of this Addendum. Impacts would be less than significant.
Stormwater Drainage
Runoff from the site will sheet flow over the parking areas into the ribbon gutter and curb and gutter system. The runoff will then be intercepted by catch basins and conveyed further by storm drain system into the underground stormtech infiltration system located at the southeastern portion of the site. Using an 18-inch storm drain outlet structure, the excess runoff will be discharged into the curb inlet located offsite at the southeastern corner of the site along A-street. Refer to the analysis under Sec tion 10, Hydrology and Water Quality , Threshold c.ii, above. As discussed, stormwater runoff would be treated on site and would not require relocation or construction of new or expanded storm water drainage infrastructure which could cause significant environmental effects. Therefore, impacts would be less than significant.
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Dry Utilities
Electricity will be provided by the Southern California Edison (SCE), natural gas would be provided via Southern California Gas Company (SoCal Gas) and fiber optic would be provided by OntarioNet. Connections to the existing utility networks are available in the Project area and any offsite improvements would occur within improved rights -of-way, which are inherent to the Modified Project’s construction phase and have been evaluated throughout this Addendum.
Therefore, the Modified Project would not require or result in the construction or expansion of new facilities, and impacts would be less than significant.
Based on the preceding, the Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
Summary of Certified EIR Finding: The Certified EIR concluded that the Approved Project would result in an increase in water demand with the addition of a Minor League Baseball Stadium, a community center and indoor athletic facility, and other nonresidential land uses to an existing property currently on private groundwater wells . The total water demand for the Approved Project was estimated to be 215,748 gallons per day (gpd) or 242 acre-feet per year (afy). Based on the land use maps and future water demand and population projections provided in Appendix B of the 2015 Urban Water Management Plan (UWMP ) and Appendix E of the 2020 UWMP, water demand for the Armstrong Ranch Specific Plan, which encompassed the 199 -acre ORSC site, was included in both the 2015 and 2020 UWMP. The 2015 Water Supply Assessment (WSA) for the Armstrong Ranch Specific Plan estimated a total water demand of 606 afy. The 2015 and 2020 UWMPs stated that the City’s available water supply would meet the projected water demands during normal, single dry and multiple dry years. The ORSC’s total water demand of 242 afy is less than the water demand of 606 afy assumed for the 199- acre ORSC site in the City’s UWMP. Therefore, the conclusions reached in the 2015 and 2020 UWMPs that the City can meet its future water demand during normal, single -dry, and multiple dry years over the next 25 -year period remains valid, and meet the water demand for the ORSC, and impacts would be less than significant.
Discussion of Effects: OMUC is responsible for supplying potable water to the Project site.
The UWMP includes an analysis of water supply reliability projected through 204 5 under normal years, single dry year, and multiple dry years. OMUC’s total water demand for 20 20 was approximately 32,109 AF (OMUC, 2021) . As stated above, the City is anticipated to have adequate water supplies to meet all its demands from the implementation of the Approved Project at buildout over the next 25 years under a normal year, single dry year, and multiple dry years. As discussed under Response 10.b, the Modified Project would result in an nominal increase of 1,494 gpd in water demand. Howe ver, both the 2015 and 2020 UWMP anticipated a total of 606 afy for the ORSC site from the Armstrong Ranch Specific Plan . As such, the increase in water demand associated with the Modified Project was accounted for in the demand anticipated by the UWMPs and impacts would be less than significant. Therefore, the Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
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c. Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Summary of Certified EIR Finding: The Certified EIR concluded that wastewater from the ORSC site would ultimately flow to the south and to Regional Water Recycling Plan #5 (RP-5). The additional wastewater generation for the Approved Project of 0.06 million gallons per day (mgd) is well below the excess capacity of 14.3 mgd for RP-5. Therefore, the Approved Project would not exceed the capacity of the wastewater treatment provider. In addition, IEUA continually updates its Wastewater Facilities Master Plans RP-5 and includes plans for expansion of this facility to meet the growth within the service area through year 2060. Therefore, there would be no significant impacts on wastewater collection and treatment, and impacts would be less than significant.
Discussion of Effects: The Project site is currently undeveloped and does not require wastewater treatment services. However, overall buildout of the Modified Project would result in an overall reduction in commercial uses compared to the buildout of the Approved Project previously analyzed under the Certified EIR. The Project Applicant would redevelop the Project site with a use that is consistent with the site’s underlying land use designation; therefore, the wastewater generation associated with the Modi fied Project was considered in the demand anticipated by the Certified EIR. As such, the IEUA ’s existing wastewater treatment facilities are anticipated to have adequate capacity to serve the Modified Project’s project demand in addition to its existing commitments. Impacts would be less than significant. Therefore, the Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Summary of Certified EIR Finding: The Certified EIR concluded that the Approved Project would result in an increase in solid waste of approximately 18,768 pounds per day (ppd), or 3,425 tons per year. This net increase was about 0.1 percent of the combined residual capacity of the Badlands Sanitary Landfill and the El Sobrante Landfill’s excess capacity. With continued compliance with the applicable regulations such as CALGreen building code, AB 341, and AB 1826, leading to increased recycling and waste diversion, anticipated rates of solid waste disposal from the ORSC would be less than significant.
Discussion of Effects: Solid waste generated during the operation of the Modified Project is anticipated to be collected by the City of Ontario and is anticipated to be hauled to Badlands Sanitary Landfill or El Sobrante Landfill. The Badlands Sanitary Landfill has a permitted disposal capacity of 5,000 tons per day with a remaining capacity of 4,900,000 cubic yards. The Badlands Sanitary Landfill is estimated to reach capacity, at the earliest time, in the year 2059. (CalRecycle, 2025a) The El Sobrante Landfill is permitted to received 16,054 tons of solid waste per day with a remaining capacity of 121,083,583 tons. The El Sobrante Landfill is estimated to reach capacity, at the earliest time, in the year 2051 (CalRecycle, 2025b).
Based on the generation rate of 15.1 ppd per employee, the Modified Project would result in approximately 3,201.2 ppd
4 (1.6 tons per day) , compared to the Approved Project’s 7,625.5 ppd ( 3.81 tons per day) . As previously stated, the Badlands Sanitary Landfill has a permitted
4 212 employees*15.1= 3,201.2 ppd
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disposal capacity of 5,0 00 tons per day and the El Sobrante Landfill has a permitted disposal capacity of 16,054 tons per day. The Modified Project generated solid waste represents a nominal portion of the landfill’s capacity and would not contribute significantly to the daily landfill capacity, and the landfill facilities are sufficient. Moreover, the Modified Project would result in a decrease of 10,160.02 s.f. of commercial uses compared to the buildout of the Approved Project previously analyzed under the Certified EIR. Accordingly, impacts would be less than significant.
The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR . No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
e. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Summary of Certified EIR Finding: The Certified EIR concluded that the City’s per capita disposal rates of 15.1 ppd per employee is below the CalRecycle targets of 16.4 ppd for employees. In addition, the Approved Project would comply with Division 4.4, Material Conservation and Resource Efficiency, of the CALGreen Building Code , AB 341, and SB 1383. The City complied with all applicable federal, State, and local solid waste regulations, and solid waste, recycling, and green waste collection services were available to all commercial businesses in the City. Therefore, the A pproved Project would comply with all current and future regulatory requirements, and impacts would be less than significant.
Discussion of Effects: The following federal and state laws and regulations govern solid waste disposal:
• AB 939 (Chapter 1095, Statutes of 1989), the California Integrated Waste Management Act of 1989 required each city, county, and regional agency to develop a source reduction and recycling element of an integrated waste management plan that contained specif ied components, including a source reduction component, a recycling component, and a composting component.
With certain exceptions, the source reduction and recycling components were required to divert 50 percent of all solid waste from landfill disposal o r transformation by January 1, 2000, through source reduction, recycling, and composting activities.
• AB 32 (Chapter 488, Statutes of 2006), the California Global Warming Solutions Act, established mandatory recycling as one of the measures to reduce GHG emissions adopted in the Scoping Plan by the California Air Resources Board.
• AB 341 (Chapter 476, Statutes of 2011) requires that all “commercial” generators of solid waste (businesses, institutions, and multifamily dwellings) establish recycling and/or composting programs. AB 341 goes beyond AB 939 and establishes the new recycling goal of 75 percent by 2020.
• SB 1383 (Chapter 395, Statutes of 2016)requires all businesses and residents to divert organic materials (including food waste, yard waste, and soiled paper products) from the landfill.
The Modified Project would implement the requirements of the City’s Integrated Waste Department’s Refuse & Recycling Planning Manual on refuse and recycling storage and access 1442
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for service, as well as addressing t he City's recycling goals. The requirements of Chapter 3, Integrated Waste Management, of the Municipal Code will also be implemented to ensure that the Modified Project complies with all applicable state and federal laws . Therefore, no impacts are anticipated. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR . No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
20. WILDFIRE.
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a. Substantially impair an adopted emergency response plan or emergency evacuation plan?
Summary of Certified EIR Finding: The Certified EIR concluded that the City’s Emergency Operations Plan provided a means to prepare and maintain systems, supplies, and other logistical items among City departments to support emergency/disaster response and recovery throughout the City. The number of people visiting and working at the ORSC site would fluctuate throughout the year and on a daily basis because the schedule of activities at the proposed baseball stadium and use of the proposed C ity recreation facilities would vary based on sport seasons.
Development of the Approved Project would also include construction activities that may also temporarily impact traffic on the ORSC site. Therefore, construction and operation of the Approved Project could impair an emergency response plan or evacuation plan. Implementation of Mitigation Measures TRAF-2 and TRAF-3 would require that the City prepare and implement a Parking and Event Traffic Management Plan (TMP) and a construction management plan to ensure that construction and operational activities do not interfere with emergen cy access .
Therefore, with the implementation of Mitigation Measure TRAF -2 and TRAF-3, impacts related to emergency access would be less than significant.
Discussion of Effects: As concluded in the Certified EIR, the City is not located with a SRA.
According to the California Department of Forestry and Fire Protection’s fire hazard map for the Local Responsibility Area (LRA), the Project site is not within a Very High Fire Hazard Severity Zone (VHFHSZ) (CAL FIRE, 2025) . Consistent with the findings of the Certified EIR, the Modified Project would be required to develop a construction management plan (Mitigation Measure TRAF -3) to ensure construction activities would not impair the City’s emergency response plan or evacuation plan. Additionally, during the building plan check and development review process, the City would coordinate with OFD and OPD to ensure that the necessary fire prevention and emergency response features are incorporated into the Modified Project and that adequate circulation and access (e.g., adequate turning radii for fire trucks) is provided . Therefore, impacts would be less than significant with the implementation of Mitigation Measure TRAF-3. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required. Mitigation Measure TRAF -3 is applicable to the Modified Project.
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b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
Summary of Certified EIR Finding: The Certified EIR concluded that the City was located outside of a State Responsibility Area (SRA) and did not contain areas subject to very high wildfire risk. However, the City recognized that even though fuel loading was light in Ontario and fire risk came primarily from urban fires, not wildfires, there was some risk related to wildfires.
Implementation of the Approved Project would not add wildland vegetation or change site topography (such as adding large slopes) so as to exacerbate the spread of wildfire; therefore, it was unlikely that a wildfire would travel into the P roject area from adjacent areas and be exacerbated by the Approved Project . Construction of these infrastructure improvements would be required to comply with of the CFC Chapter 33’s fire safety precautions for construction and demolition of a project, therefore minimizing fire -related impacts associated with the installation of this infrastructure. Additionally, all project buildings would be constructed in accordance with the applicable provisions of the adopted CFC, the City’s Municipal Code, and standard conditions regarding fire prevention and suppression measures. Moreover, the ORSC site and the area surrounding the site were relatively flat and in areas of minimal flood hazard; therefore, would not increase the risk of landslides after a wildfire compared to existing condition and increase the risk of downslope or downstream flooding. With adherence to the building practices in the CAL FIRE’s 2019 Strategic Fire Plan for California, the California Fire Cod e, CBC, City’s LHMP, and fire services from OFD, development and infrastructure associated with the Approved Project would not exacerbate risk or result in post-wildfire hazards.
Discussion of Effects : As discussed above , the Project site is not located with a SRA or VHFHSZ in a LRA(CAL FIRE, 2025). Construction of the proposed infrastructure improvements would be required to comply with of the CFC Chapter 33’s fire safety precautions and Project buildings constructed in accordance with the applicable provisions of the adopted CFC and the City’s Development Code. Additionally, as discussed previously, the Project site is not located with an area of flood or landslide hazards. Therefore, impacts would be less than significant. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
21. MANDATORY FINDINGS OF SIGNIFICANCE.
a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat or a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
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Summary of Certified EIR Finding: The Certified EIR concluded that the Approved Project would result in less-than-significant impacts to sensitive plant and animal species as well as habitats with the implementation of Mitigation Measures BIO -1 through BIO-9. Additionally, the Approved Project concluded that the Approved Project would result in in less -than-significant impacts to historical resources.
Discussion of Effects: As discussed in Biological Resources Section of the Addendum, With the implementation of Mitigation Measures BIO-1 through BIO -9, impacts to sensitive plant and wildlife species would be less than significant . Additionally, as indicated in the Cultural Resources Section, the Project site is not included on the National Register of Historic Places, California Register of Historical Resources, or a local register of historical resources, nor is it eligible for listing .
Therefore, no impacts are anticipated. The Modified Project would not result in any new, increased or substantially different impacts, other than those previously consid ered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary.
Mitigation: No additional mitigation required.
b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.)
Summary of Certified EIR Finding: The Certified EIR addressed cumulative impacts for each of the environmental topics evaluated. The Certified EIR concluded that the Approved Project would result in significant and unavoidable cumulative impacts regarding agricultural resources, air quality, greenhouse gas emissions, noise, and transportation (VMT).
Discussion of Effects : As identified through the analysis presented in this Addendum, with the implementation of Project-specific mitigation measures identified herein, the Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analyses are necessary . Therefore, there is no potential for the Modified Project to result in cumulatively considerable effects to the environment beyond those previously disclosed in the Certified EIR (and already disclosed throughout this analysis), and instead, the Modified Project’s impacts are generally less than the impacts assumed and analyzed in the Certified EIR .
Mitigation: No additional mitigation required.
c. Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly?
Summary of Certified EIR Finding: The Certified EIR concluded that with the implementation of the Mitigation Measures, compliance with existing laws, plans and regulations, the Approved Project does not have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly.
Discussion of Effects: The Modified Project’s potential to result in environmental effects that could adversely affect human beings, either directly or indirectly, has been discussed throughout this Addendum. The Modified Project would result in less than significant impacts related to air quality and associated effects on human health from air pollutants, GHG emissions, and construction-related noise and potential effects on hearing impairment . Implementation of the Modified Project would not result in env ironmental effects that would cause substantial adverse 1445
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effects on human beings, either directly or indirectly, beyond those disclosed in the Certified EIR , and instead, the Modified Project’s impacts are generally less than the impacts assumed by the Certified EIR.
Mitigation: No additional mitigation required.
EARLIER ANALYZES
(Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration.
Section 15063(c)(3)(D)):
1) Earlier Analyzes Used. Identify earlier analyses used and state where they are available for review.
a) Ontario Regional Sports Complex Final Environmental Impact Report
b) Armstrong Ranch Specific Plan Environmental Impact Report
c) The Ontario Plan/Policy Plan
d) City of Ontario Municipal Code
All documents listed above are on file with the City of Ontario Planning Department, 303 East “B” Street, Ontario, California 91764, (909) 395-2036.
2) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of , and adequately analyzed in, an earlier document pursuant to applicable legal standards.
REFERENCES
California Department of Forestry and Fire Protection (CAL FIRE), 2025. Very High Fire Hazard Severity Zones in LRA. March 24, 2025. Retrieved from https://fire-hazard-severity-zones- rollout-calfire-forestry.hub.arcgis.com/pages/access-map
California Department of Resources Recycling and Recovery (CalRecycle), 2025a. SWIS Facility Detail - Badlands Sanitary Landfill. Accessed on October 20, 2025. Retrieved from https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/2245?siteID=2367
CalRecycle, 2025b. SWIS Facility Detail - El Sobrante Landfill. Accessed on October 20, 2025.
Retrieved from
https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/2280?siteID=2402
California Department of Transportation (Caltrans), 2025. California Road System - Functional Classification. Accessed on October 20, 2025. Retrieved from https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=026e830c914c495 797c969a3e5668538
California Department of Conservation (DOC), 2020. California Important Farmland Finder .
Accessed on October 20, 2025. Retrieved from
https://maps.conservation.ca.gov/DLRP/CIFF/
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DOC, 2025. Earthquake Zones of Required Investigation. Accessed on October 20, 2025.
Retrieved from https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/
California Department of Fish and Wildlife (CDFW), 2023. California Natural Community Conservation Plans. August 2023. Retrieved from
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=68626&inline
City of Ontario, 2016. Armstrong Ranch Specific Plan Draft Environmental Impact Report.
September 2016.
City of Ontario, 2022a. City of Ontario Policy Plan. August 2022. Retrieved from https://www.ontarioca.gov/Ontarioplan/Policyplan
City of Ontario, 2024a. Ontario Municipal Code. Adopted December 2024. Retrieved from https://codelibrary.amlegal.com/codes/ontarioca/latest/ontario_ca/0-0-0-35678
City of Ontario, 2024b. Ontario Regional Sports Complex Final Environmental Impact Report.
June 2024. Retrieved from https://content.ontarioca.gov/sites/default/files/migrated- files/ORSC_FinalEIR_2024_0614.pdf
Employment Development Department (EDD), 2025. Labor Force and Unemployment Rate for Cities and Census Designated Places. July 2025. Retrieved from https://www.labormarketinfo.edd.ca.gov/data/labor-force-and-unemployment-for- cities-and-census-areas.html
Federal Emergency Management Agency (FEMA), 2008. FEMA Flood Map Service Center:
Search by Address - FIRM: 06071C8638H. August 28, 2008. Accessed on October 20, 2025.
Retrieved from https://msc.fema.gov/portal/search#searchresultsanchor
Hariya INC, 2025a. Water Quality Management Plan. October 2025. Technical Appendix B.1.
Hariya INC, 20252b. Hydrology and Hydraulic Study. October 7, 2025. Technical Appendix B.2.
Ontario Municipal Utilities Company (OMUC), 2021. 2020 UWMP. June 2021. Retrieved from https://content.ontarioca.gov/sites/default/files/migrated- files/FINAL%20City%20of%20Ontario%202020%20UWMP.pdf
PlaceWorks, 2025a. Air Quality and Greenhouse Gas Emissions Technical Memorandum for Hotel Ontario Aloft + Residence Inn Project. November 17, 2025. Technical Appendix A.
PlaceWorks, 2025b. Noise & Vibration Technical Memorandum for Hotel Ontario Aloft + Residence Inn Project. November 17, 2025.Technical Appendix C.
Southern California Association of Governments (SCAG), 2024. Demographics and Growth Forecast. April 4, 2024. Retrieved from https://scag.ca.gov/sites/default/files/2024-05/23- 2987-tr-demographics-growth-forecast-final-040424.pdf
U.S. Fish and Wildlife Service (USFWS), 2025. National Wetlands Inventory. Accessed on October 20, 2025. Retrieved from https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands- mapper/
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AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT
(SPORTS EMPIRE HOTEL)
between
THE CITY OF ONTARIO
a California municipal corporation
and
ONTARIO RANCH HOTELS LLC
a California limited liability company
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This AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT
AGREEMENT ( SPORTS EMPIRE VILLAGE HOTEL ) (“Agreement”) is dated as of ______, 2026 (“Date of Agreement ”), for reference purposes only, and is entered into by and between the City of Ontario , a California municipal corporation ( “City”) and Ontario Ranch Hotels LLC, a California limited liabili ty company (“Developer”). The City and the Developer are sometimes referred to in this Agreement, each individually, as a “Party,” or collectively, as the “Parties.”
RECITALS
This Agreement is entered into with reference to the following recitals of fact (“Recitals”) that City and Developer believe to be true as of the Effective Date of this Agreement:
A. The City was the owner of that certain real property located southeast corner of East Riverside Drive and Ontario Avenue, consisting of approximately 5.5 acres of land, identified with Assessor’s Parcel Number 0218-111-12-0000 in the City of Ontario, County of San Bernardino, State of California (“City Land”).
B. On February 18, 2025 the Parties entered into the Disposition and Development Agreement (Sports Empire Village Hotel) which included the sale of a portion of the City Land to Developer.
C. On April 4, 2025 Parties closed escrow on Property.
D. The Developer’s acquisition of a portion of the City Land from City, consisting of approximately 103,185.25 square feet (2.3688 acres), and more particularly described and depicted in Exhibit A to this Agreement, attached hereto and incorporated herein by this reference (the “Property”) and subsequent construction and completion of the Project (as defined in Section 6) on the Property pursuant to the terms of this Agreement is in the best interest of the City and the health, safety and welfare of the City’s taxpayers and residents and is in accordance with the public purposes set forth in applicable law. Implementation of this Agreement will further the goals and objectives of the City’s general plan by: (i) strengthening the City’s land use and social structure, and (ii) alleviating eco nomic and physical blight on the Property and in the surrounding community.
NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by City and Developer, the Parties agree as follows:
TERMS AND CONDITIONS
ARTICLE I
DEFINITIONS; REPRESENTATIONS AND WARRANTIES;
EFFECTIVE DATE
1.1 Definitions. All initially capitalized terms not otherwise defined in this Agreement shall have the following meanings:
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1.1.1 “Additional Insureds ” has the meaning ascribed to such term in Section 5.9.
1.1.2 “Affiliate” means and refers to any person or entity, directly or indirectly, Controlling or Controlled by or under common Control with the Developer, whether by direct or indirect ownership of equity interests, by contract or otherwise.
1.1.3 “CEQA” means the California Environmental Quality Act, Public Resources Code Sections 21000, et seq.
1.1.4 “Certificate of Completion” means the written certification of City that the construction of the Project has been completed in compliance with the terms and conditions of this Agreement, substantially in the form of Exhibit G attached to this Agreement.
1.1.5 “City” means the City of Ontario, California, a California municipal corporation.
1.1.6 “City Manager ” means the City Manager of the City or his or her designee or successor in function.
1.1.7 “City Requirements” has the meaning ascribed to the term in Section ARTICLE I.
1.1.8 Reserved.1
1.1.9 Reserved.
1.1.9.5 “Close of Escrow” means April 4, 2025.
1.1.10 “Completion of Construction” means the issuance of a Certificate of Completion confirming that the final certificate of occupancy for the Project, based on the plans submitted by the Developer to the City, has been issued.
1.1.11 “Construction Costs” means the total cost incurred by Develop er in acquiring the Property and constructing the Project in accordance with this Agreement.
1.1.12 “Construction Lender ” means a Lender(s) that provide(s) a Construction Loan to the Developer to pay the Construction Costs of all or a portion of the Project.
1.1.13 “Construction Loan ” means a Loan obtained by Developer from a Construction Lender to finance all or part of the Construction Costs in conformity with the Financing Plan.
1.1.14 “Construction Loan Deed of Trust(s)” means the Lien(s) required by a Construction Lender t o secure the Developer ’s performance under the associated Construction
1 The Property has been sold and conveyed to Developer from City in accordance with the terms of the original Disposition and Development Agreement. Consequently all terms relevant to the sale and conveyance have been omitted and the sections reserved to preserve the Agreement’s original formatting. 1450
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Loan.
1.1.15 “Control” means and refers to possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person or entity, whether by ownership of equity interests, by contract or otherwise.
1.1.16 “Controlling” and “Controlled” mean and refer to exercising or having Control.
1.1.17 “County” means the County of San Bernardino, California.
1.1.18 Reserved.
1.1.19 Reserved.
1.1.20 Reserved.
1.1.21 Reserved.
1.1.22 Reserved.
1.1.23 Reserved.
1.1.24 “Effective Date” has the meaning ascribed to the term in Section 1.3.
1.1.25 [Intentionally omitted.]
1.1.26 “Environmental Claims ” has the meaning ascribed to the term in Section 5.8.
1.1.27 “Environmental Laws ” means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability of standards of conduct concerning any hazardo us substance (as later defined), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to hazardous substances on, under, or about the P roperty, occupational or environmental conditions on, under, or about the Property, as now or may at any later time be in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( “CERCLA”) [42 USC Section 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (“RCRA”) [42 USC Section 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act ( “FWPCA”) [33 USC Section 1251 et seq.]; the Toxic Substances Control Act (“TSCA”) [15 USC Section 2601 et seq.]; the Hazardous Materials Transportation Act ( “HMTA”) [49 USC Section 5101 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USC Section 6901 et seq.] the Clean Air Act [42 USC Section 7401 et seq.]; the Safe Drinking Water Act [42 USC Section 300f et seq.]; the Solid Waste Disposal Act [42 USC Section 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USC Section 1201 et seq.] the Emergency Planning and Community Right to Know Act [42 USC Section 11001 et seq.]; the Occupational Safety and Health Act [29 USC Section 655 and 657 ]; 1451
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the California Underground Storage of Hazardous Substances Act [California Health & Safety Code Section 25288 et seq.]; the California Hazardous Substances Account Recodification Act [California Health & Safety Code Section 78000 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [California Health & Safety Code Section 25249.5 et seq.] the Porter - Cologne Water Quality Act [California Wate r Code Section 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect or later enacted that pertains to occupational health or industrial hygiene, and only to the extent the occupational health or industrial hygiene laws, ordinances, or regulations relate to hazardous substances on, under, or about the Property, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use.
1.1.28 “Environmental Matters ” has the meaning ascribed to the term in Section 5.8.
1.1.29 Reserved.
1.1.30 Reserved
1.1.31 Reserved.
1.1.32 Reserved.
1.1.33 “Event of Default” has the meaning ascribed to the term in Section 7.1.
1.1.34 “Financing Commitment” means (a) one or more commitment(s) from one or more Construction Lender(s) agreeing to provide sufficient funds which, when combined with the Developer’s equity contribution and the financial assistance to be provided by the City pursuant to this Agreement, is sufficient, as determined by the City in its reasonable discretion, to fully fund the Project’s Construction Costs, or (b) a letter from one or more Construction Lender(s) indicating approval of a loan to the Developer for the development of the Property.
1.1.35 Reserved.
1.1.36 Reserved.
1.1.37 “Governmental Agency” means any and all courts, boards, agencies, commissions, offices, or authorities of any nature whatsoever for any governmental unit (federal, state, county, district, municipal, city, or otherwise) whether now or later in existence.
1.1.38 “Governmental Requirements” means all codes, statutes, ordinances, laws, permits, orders, and any rules and regulations promulgated thereunder of any Governmental Agency.
1.1.39 “Hazardous Substances ” means, without implied limitation, substances defined as “hazardous substances, ” “hazardous material, ” “toxic substance, ” “solid waste,” or “pollutant or contaminate ” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601, et seq.; the Toxic 1452
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Substances Control Act ( “TSCA”) [15 U.S.C. Sections 2601, et seq.]; the Hazardous Materials Transportation Act, 49 U.S.C. Sections 5101, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901, et seq.; those substances listed in the United States Department of Transportation (DOT) Table [49 CFR 172.101], or by the EPA, or any successor authority, as hazardous substances [40 CFR Part 302]; and those substances defined as “hazardous waste” in Section 25117 of the California Health and Safety Code or, as “hazardous substances” in Section 78075 of the California Health and Safety Code; other substances, mater ials, and wastes that are, or become, regulated or classified as hazardous or toxic under federal, state, or local laws or regulations and in the regulations adopted pursuant to said laws, and shall also include manure, asbestos, polychlorinated biphenyl, flammable explosives, radioactive material, petroleum products, and substances designated as a hazardous substance pursuant to 33 USC Section 1321 or listed pursuant to 33 USC Section 1317.
1.1.40 “Indemnified Parties” has the meaning ascribed to the term in Section
5.8. 1.1.41 “Knowledge of the City” shall mean the actual knowledge of the City Manager.
1.1.42 “Lender” means any state or federally chartered bank, savings and loan, capital investment group, or other third party financial institution which routinely makes Loans to developments and developers such as the Project and the Developer in the normal course of business and which has been approved by the City pursuant to Section 6.3.
1.1.43 “Lien” means any mortgage, deed of trust, or other security instrument encumbering Developer’s fee interest in the P roperty and/or Project, or any part thereof, or any pledge or other agreement given as security for the repayment of a Loan and by which a Lender would be able to acquire any interest in the Developer upon the Developer ’s breach of any obligation under the Lender’s Loan Documents.
1.1.44 “Loan” means any loan or third party equity/capital contribution (e.g. mezzanine financing) for the Project other than that provided by the City.
1.1.45 “Loan Documents ” means the various documents and instruments made by and between the Developer and a Lender that evidence a Loan and the security for repayment of such Loan.
1.1.46 “Maintenance Deficiency ” has the meaning ascribed to the term in Section 5.3.1.
1.1.47 “Normal Business Hours ” means the normal business hours of the City. As of the Effective Date, the City’s normal business hours are Monday through Thursday, between the hours of 7:30 a.m. and 5:30 p.m. Pacific Time.
1.1.48 “Notice of Agreement ” means the notice in the form of Exhibit E to this Agreement to be recorded against the Property at the Close of Escrow to provide constructive record notice of the existence and application of this Agreement to the Property. 1453
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1.1.49 “Other Consideration ” means that Developer w ill provide consideration in the form of con veying to the City certain easement right-of-way interests and a temporary construction easement interest (collectively, the “Easements”), located at the south westerly corner of Riverside Drive and Vineyard Avenue, consisting of an approximately 25,489 square feet area, a portion of land identified with Assessor’s Parcel Numbers 0216 -174-16-0000 and 0216-174-17-0000, more particularly legally described and depicted in Exhibit A -1, attached hereto and by this reference incorporated herein and has an appraised value of Four Hundred Fifty Eight Thousand Eight Hundred Two and No/100 Dollars ($458,802.00) per the terms in Section
2.2.1 of this Agreement, and such value will be credited against the Purchase Price for the Property.
1.1.50 “Party” means, individually, the City or the Developer, as applicable.
1.1.51 “Parties” means, collectively, the City and the Developer.
1.1.52 Reserved.
1.1.53 Reserved.
1.1.54 “Permitted Transfer” means and refers to any of the following types of Transfers by the Developer, where the person or entity to which such Transfer is made expressly assumes the obligations of the Developer under this Agreement in a written instrument satisfactory to the City.
1.1.54.1 Any Transfer of stock or equity of the Developer that does not change management or operational Control of the Property or the Project;
1.1.54.2 Any Transfer of any interest in the Developer or the Property or Project or any portion thereof irrespective of the percentage of ownership (i) to any other owner of any interest in the Developer; or (ii) to any Affiliate, or (iii) to any other person or entity in which any holder of an interest (including any beneficial interest) in the Developer is a manager, officer or partner or in which any of the aforementioned is a shareholder, member or partner (including a beneficial owner); and
1.1.54.3 Any Lien given to Lender in connection with a Loan approved by the City pursuant to Section 6.3.
1.1.55 “Plans and Specifications ” has the meaning ascribed to the term in Section ARTICLE I.
1.1.56 “Preliminary Report” means a preliminary report issued by the Title Company in contemplation of the issuance of the Title Policy, accompanied by legible copies of all documents listed in Schedule B of the report as exceptions to coverage under the proposed Title Policy. The Parties acknowledge that they may prepare one (1) or more Preliminary Reports for each parcel, or group of parcels, comprising the Property. In such case, all reports, notices, and objection letters which pertain to the Preliminary Report for the entirety of the Property shall apply separately to each Preliminary Report associated with a parcel or a group of parcels.
1.1.57 “Project” means the construction and redevelopment of the Property as 1454
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a commercial development, including all required or associated on-site and off-site improvements, all hardscape and all landscaping, all as specifically described in the Scope of Development, and all to be developed in accordance with the Plans and Specifications to be approved by the City and any conditions imposed by the City in its approval of the Plans and Specifications.
1.1.58 “Project Completion Date” means that date set forth therefor by which a Certificate of Completion shall be issued for the Project, as more particularly provided in the Schedule of Performance. The Pr oject Completion Date shall be no later than the date which is twenty-four (24) months after the Close of Escrow.
1.1.59 “Property” means that real property, and all current and future improvements thereon (including, without implied limitation, the Project), legally described and depicted in Exhibit A.
1.1.60 “Property Transfer” means and refers to any “change in ownership,” as defined in Revenue and Taxation Code Sections 60, et seq., of all or any portion of the Property.
1.1.61 Reserved.
1.1.62 “Record”, “recorded”, “recording” or “recordation” each mean and refer to recordation of the referenced document in the official records of the Recorder of the County of San Bernardino, California.
1.1.63 “Schedule of Performance” means the schedule for the performance of certain actions by the Parties pursuant to this Agreement, attached to this Agreement as Exhibit C.
1.1.64 “Scope of Development” means the detailed description of the Project attached to this Agreement as Exhibit B.
1.1.65 Reserved.
1.1.66 Reserved.
1.1.67 “Transfer” means any of the following:
1.1.67.1 Any total or partial sale, assignment, conveyance, trust, power, or transfer in any other mode or form, by the Developer of more than a 49% interest in the Developer’s interest in this Agreement, the Property, or a series of such sales, assignments and the like that, in the aggregate, result in a disposition of more than a 49% interest in the Developer’s interest in this Agreement, the Property or the Project; or
1.1.67.2 Any total or partial sale, assignment, conveyance, or transfer in any other mode or form, of or with respect to any interest in the Developer or a series of such sales, assignments and the like that, in the aggregate, result in a disposition of more than a 49% interest in any interest in the Developer; or
1.1.67.3 Any merger, consolidation, sale, or lease of all or substantially all of the assets of the Developer or a series of such sales, assignments and the like that, in the 1455
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aggregate, result in a disposition of more than a 49% interest of all or substantially all of the assets of the Developer; or
1.1.67.4 Any Property Transfer; or
1.1.67.5 The recordation of any deed of trust, mortgage, Lien or similar encumbrance against all or any portion of the Property or the Project.
1.1.68 “Unavoidable Delay” means any delay that is caused by the exclusively by the other party or that is beyond the control of the City or the Developer, including delay caused by strikes, acts of God, pandemic, weather, inability to obtain labor or materials, inability to obtain governmental permits or approvals, gove rnmental restrictions, civil commotion, fire or similar causes, but excluding circumstances subject to Section 8.7.2.
1.2 Representations and Warranties.
1.2.1 City Represent ations and Warranties . All representations and warranties contained in this Section 1.2.1 are true and correct as of the Effective Date. City ’s liability for misr epresentation or breach of warranty, representation or covenant, wherever contained in this Agreement, shall survive the execution and delivery of this Agreement and the Closing. City hereby makes the following representations, covenants and warranties an d acknowledges that the execution of this Agreement by Developer has been made in material reliance by Developer on such covenants, representations and warranties:
1.2.1.1 City is a California municipal corporation, duly formed and operating under the laws of the State of California. City has the legal power, right and authority to enter into this Agreement and to execute the instruments and documents referenced herein, and to consummate the transactions contemplated hereby.
1.2.1.2 The persons executing any instruments f or or on behalf of City have been authorized to act on behalf of City and this Agreement is valid and enforceable against City in accordance with its terms and each instrument to be executed by City pursuant hereto or in connection therewith will, when exe cuted, shall be valid and enforceable against City in accordance with its terms. No approval, consent, order or authorization of, or designation or declaration of any other person, is required in connection with the valid execution and delivery of and compliance with this Agreement by City.
1.2.1.3 City has taken all requisite action and obtained all requisite consents for agreements or matters to which City is a party in connection with entering into this Agreement and the instruments and documents referenced her ein and in connection with the consummation of the transactions contemplated hereby.
1.2.1.4 If the City becomes aware of any act or circumstance that would change or render incorrect, in whole or in part, any representation or warranty made by the City under this Agreement, whether as of the date given or any time thereafter, whether or not such representation or warranty was based upon the City’s knowledge and/or belief as of a certain date, the City will give immediate written notice of such changed fact or circumstance to the Developer. 1456
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1.2.2 Developer Representations and Warranties. The representations and warranties of Developer contained in this Section 1.2.2 shall be based upon the actual knowledge of Gurvinder Singh as of the Effective Date. All representations and warranties contained in this Section 1.2.2 are true and correct as of the Effective Date. Developer ’s liability for misrepresentation or breach of warranty, representation or covenant, wherever contained in this Agreement, shall survive the execution and delivery of this Agreement and the Closing. Developer hereby makes the following representations, covenants and warranties and acknowledges that the execution of this Agreement by City has been made in material reliance by City on such covenants, representations and warranties:
1.2.2.1 Developer is a California limited liability company, lawfully entitled to do business in the State of California and the City. Developer has the legal right, power and authority to enter into this Agreement and the inst ruments and documents referenced herein and to consummate the transactions contemplated hereby. The persons executing this Agreement and the instruments referenced herein on behalf of Developer hereby represent and warrant that such persons have the power, right and authority to bind Developer.
1.2.2.2 Developer has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required for Developer’s authorization to enter into Agreement.
1.2.2.3 Neither the execution of this Agreement nor the consummation of the transactions contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument or other obligation to which Developer is a party or by which Developer may be bound, or under law, statute, ordinance, rule, governmental regulation or any writ, injunction, order or de cree of any court or governmental body applicable to Developer or to the Property.
1.2.2.4 This Agreement is, and all agreements, instruments and documents to be executed by Developer pursuant to this Agreement shall be, duly executed by and shall be valid and leg ally binding upon Developer and enforceable in accordance with their respective terms. No approval, consent, order or authorization of, or designation or declaration of any other person, is required in connection with the valid execution and delivery of in compliance with this Agreement by Developer.
1.2.2.5 If the Developer becomes aware of any act or circumstance that would change or render incorrect, in whole or in part, any representation or warranty made by the Developer under this Agreement, whether as of th e date given or any time thereafter, whether or not such representation or warranty was based upon the Developer ’s knowledge and/or belief as of a certain date, the Developer will give immediate written notice of such changed fact or circumstance to the City.
1.3 Effective Date. This Agreement is dated January 20, 2026 for reference purposes only. This Agreement shall not become effective until the date on which all of the following are true (“Effective Date”): (i) this Agreement is approved and executed by the appropriate authorities of Developer and delivered to City; (ii) Developer has delivered to City a certified copy of the 1457
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official action taken by all of the members of the Developer approving this Agreement, in the form attached to this Agreement as Exhibit F; (iii) following all legally required notices and hearings, this Agreement is approved by the City Council ; and (iv) this Agreement is executed by the authorized representatives of City.
1.4 Exhibit List. The following is a list of the Exhibits attached to this Agreement.
Each of the Exhibits is incorporated by this reference into the text of this Agreement.
Exhibit A Legal Description of Property conveyed to Developer Exhibit A-1 Legal Description and Plat of Easements conveyed to City Exhibit B Scope of Development
Exhibit C Schedule of Performance
Exhibit D Reserved
Exhibit D-1 Reserved
Exhibit E Form of Notice of Agreement
Exhibit F Form of Official Action of Developer
Exhibit G Form of Certificate of Completion
ARTICLE II
RESERVED.
ARTICLE III
RESERVED.
ARTICLE IV
PROJECT DEVELOPMENT
4.1 Developer Covenant to Undertake Project. The Developer covenants, for itself, its successors and assigns, to and for the exclusive benefit of the City, that the Developer shall commence and complete the development of the Project on the Property within the time period for such actions set forth in the Schedule of Performance , subject to Unavoidable Delays . The Developer covenants and agrees for itself, its successors, and assigns, that the Property shall be improved and developed with the Project in substantial conformity with the terms and con ditions of this Agreement, the Scope of Development, the Schedule of Performance, any and all plans, specifications and similar development documents required by this Agreement, except for such changes as may be mutually agreed upon in writing by and among the Parties, and all applicable laws, regulations, orders and conditions of each Governmental Agency with jurisdiction over the Property or the Project. The covenants of this Section 4.1 shall run with the land of the Property until the earlier of the date of recordation of the Certificate of Completion or the fifteenth (15th) anniversary of the date of the Close of Escrow.
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4.2 Developer Changes to Plans and Specifications During Course of Construction. The Developer shall have the right during the course of construction of the Project to make “minor field changes,” without seeking the approval of the City, if such changes do not affect the type of use to be conducted within all or any portion of a structure. “Minor field changes” shall be defined as those changes from the approved Plans and Specifications that have no substantial effect on the Project or are made in order to exp edite the work of construction in response to field conditions. The Developer shall submit all other changes, i.e. those changes which are not “minor field changes”, to the City for its review and approval no less than fifteen (15) days prior to the date that the Developer intends to implement such changes. The City shall have ten (10) days from its receipt of such proposed changes to review the same and advise the Developer in writing whether such changes are acceptable to the City in its reasonable discretion.
Any proposed changes which are not disapproved by the City within such ten (10) day period shall be deemed approved. Nothing contained in this Section 4.2 shall be deemed to constitute a waiver of or change in the City Requirements governing “minor field changes” or other changes or in any approvals by the City otherwise required for “minor field changes.” or other changes.
4.3 Construction Start and Completion of Project. The Developer shall commence construction of the Project in accordance with the Schedule of Performance and, thereafter, shall diligently proceed to complete the construction of the Project in a good and workmanlike manner in substantial conf ormity with the approved plans, specifications, and conditions for the Project approved by the City and the Schedule of Performance. The Developer shall obtain a Certificate of Completion on or before the Project Completion Date , subject to Unavoidable De lays. The Developer will, promptly upon completion of construction of the Project, cause the Project to be inspected by each Governmental Agency with jurisdiction over the Project, shall correct any defects and deficiencies that may be disclosed by any such inspection and shall cause to be duly issued all occupancy certificates and other licenses, permits and authorizations necessary for the operation and occupancy of the completed Project. The Developer shall do and perform all of the foregoing acts an d things and cause to be issued and executed all such occupancy certificates, licenses, and authorizations for the Project on or before the date set forth therefor in the Schedule of Performance as the completion date for the Project. After commencement o f the work of improvement of the Project, the Developer shall not permit the work of improvement of the Project to cease or be suspended for a time period in excess of thirty (30) consecutive calendar days, subject to Unavoidable Delays.
4.4 Compliance with Laws. All work performed in connection with the development of the Project shall comply with all Governmental Requirements.
4.5 Schedule of Performance. The Schedule of Performance establishes various dates and times for the accomplishment of various tasks ass igned to the City and the Developer . The Parties agree that time is of the essence in the performance of such tasks , in view of the la rge investment of resources that all Parties recognize will be required for assembly of the Property and the undertaking of the Project. If the date or time for the performance of a task or the satisfaction of a condition, as set forth in either the text of this Agreement or in the Schedule of Performance, may not be achieved, then prior to such date or time set forth in the text of this Agreement or the Schedule of Performance, the Parties shall consider whether a modification to the text of this Agreement or to the Schedule of Performance is indicated. Any decision to approve a modification to a time or date established in either the text of this Agreement or the Schedule of Performance 1459
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shall be subject to the sole discretion of each Party. Any modific ation of a time or date for performance of a particular task or satisfaction of a particular condition that does not result in a change of more than one hundred eighty (180) days may be approved on behalf of the City by the City Manager, in his or her reasonable discretion. A modification of a time or date for performance of a task or satisfaction of a condition (or a series of such modifications) that results in an aggregate change of more than one hundred eighty (180) days shall be subject to the approva l of the City Council, in its sole and absolute discretion. If performance of a task or satisfaction of a condition in the Schedule Performance is prevented or delayed by Unavoidable Delays, the deadline for completion of such task or satisfaction of such condition shall be extended by the period of such Unavoidable Delays.
4.6 Developer Attendance at City Meetings . The Developer agrees to have one or more of its employees or consultants who are knowledgeable regarding this Agreement and the development of the Project, such that such person(s) can meaningfully respond to City questions regarding the progress of the Project, attend City Council meetings, when requested to do so on not less than ten (10) days prior written notice by City staff.
4.7 City’s Right to I nspect Project and Property . Officers, employees, agents and representatives of the City shall have the right of reasonable access to the Property, without the payment of charges or fees, during normal construction hours, during the period of construction of the Project. Such officers, employees, agents or representatives of the City shall be those persons who are designated by the City Manager. Any and all officers, employees, agents or representatives of the City who enter the Property shall identify t hemselves at the construction management office on the Property, upon their entrance on to the Property, and shall at all times be accompanied by a representative of the Developer, while on the Property. The Developer shall make a representative of the De veloper available for this purpose at all times during normal construction hours, upon reasonable notice from the City. The City shall indemnify and hold the Developer harmless from injury, property damage or liability arising out of the exercise by the City of the right of access to the Property provided in this Section 4.7, other than injury, property damage or liability arising from the negligence or willful mis conduct of the Developer or its officers, agents or employees. The City shall inspect relevant portions of the Property, prior to issuing any written statements reflecting adversely on the Developer’s compliance with the terms and conditions of this Agree ment pertaining to development of the Project. If in the City ’s reasonable judgment it is necessary, the City shall have the further right, from time to time, to retain a consultant or consultants to inspect the Project and verify compliance by the Develo per with the provisions of this Agreement. The Developer acknowledges and agrees that any such inspections are for the sole purpose of protecting the City’s rights under this Agreement, are made solely for the City’s benefit, that the inspections may be superficial and general in nature, and are for the purposes of informing the City of the progress of the Project and the conformity of the Project with the terms and conditions of this Agreement, and that the Developer shall not be entitled to rely on any such inspection(s) as constituting an approval, satisfaction or acceptance of any materials, workmanship, conformity of the Project with this Agreement or otherwise. The Developer agrees to make its own regular inspections of the work of construction of the Project to determine that the quality of the Project and all other requirements of the work of construction of the Project are being performed in a manner satisfactory to the Developer. The Developer also agrees to immediately notify the City in writin g should the Developer ’s inspections show any matters that will prevent the entire Project from being completed by the Project Completion Date 1460
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set forth therefore in the Schedule of Performance. Without limiting the foregoing, the Developer shall permit the City upon reasonable notice to examine and copy all books and account records and other papers relating to the Property and the construction of the Project. The Developer will use commercially reasonable efforts to cause all contractors, subcontractors and materialmen to cooperate with the City to enable such examination.
4.8 Cost of Construction. The cost and expense of undertaking and completing the Project, including, without limitation, constructing all legally imposed on - and off -site improvements, and providing all utilities therefor, shall be borne by Developer at its sole cost, expense and liability. Developer shall be solely responsible for payment of all City land use, construction, inspection, plan check and development impact fees (collectively, “Development Fees”) imposed by the City with respect to the development of the Project. Developer shall bear all costs and expenses associated with the processing and obtaining of the entitlements and shall bear all costs and expenses (except to the extent expressly set forth otherwise in this Agreement), associated with any and all terms, conditions, requirements, mitigation measures and other exactions imposed on, or required in connection with, the entitlements.
4.9 Prevailing Wages.
4.9.1 The Developer ackno wledges that the City has not made any representation, express or implied, to the Developer or any person associated with the Developer regarding whether or not laborers employed relative to the construction of the Project must be paid the prevailing per d iem wage rate for their labor classification, as determined by the State of California, pursuant to Labor Code Sections 1720, et seq. The Developer agrees with the City that the Developer shall assume the responsibility and be solely responsible for determining whether or not laborers employed relative to the construction of the Project must be paid the prevailing per diem wage rate for their labor classification.
4.9.2 The Developer, on behalf of itself, its successors, and assigns, waives and releases the City from any right of action that may be available to it pursuant to Labor Code Sections 1726 and 1781. The Developer acknowledges the protections of Civil Code Section 1542 relative to the waiver and release contained in this Section 4.9, which reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT , IF
KNOWN BY HIM OR HER , WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.”
BY INITIALING BELOW, THE DEVELOPER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 4.9.2.
_________________
Developer’s Initials
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4.9.3 Additionally, in accordance with Section 7.7, the Developer shall indemnify, defend with counsel acceptable to the City and hold the City harmless against any claims pursuant to Labor Code Sections 1726 and 1781 arising from this Agreement or the construction or operation of the Project.
4.10 Certificate of Completion.
4.10.1 Following the substantial completion of construction of the Project, and upon written request from the Developer for issuance of a Certificate of Completion for the Project, the City shall inspect the Project to determine whether or not the Project has been substantially completed in compliance with this Agreement. If the City determines, in its reasonably discretion, that the Project is complete and substantially in compliance with this Agreement, the City Manager shall furnish the Developer with a Certificate of Completion for the Project. If the City determines, in its reasonable discretion, that the Project is not in substantial compliance with this Agreement, the City Manager shall send written notice of each non -conformity to the Deve loper. Upon issuance of the final certificate of occupancy for the development of the Project, based on the plans submitted by the Developer to the City, the City shall furnish the Developer with a Certificate of Completion for the Project.
4.10.2 Upon the Devel oper’s substantial completion of the Project, the Developer shall request and be entitled to receive a Certificate of Completion, including the right of the City Manager to issue the Certificate of Completion, except that the Certificate of Completion, upo n issuance, shall be evidence of the City ’s conclusive determination of satisfactory substantial completion of the entirety of the Project pursuant to the terms of this Agreement.
4.10.3 The City shall not unreasonably withhold , condition or delay the issuance of a Certificate of Completion. A Certificate of Completion shall be evidence of the City’s conclusive determination of satisfactory completion of the Project to which it pertains pursuant to the terms of this Agreement. After the recordation of a Certif icate of Completion for the Project, any person then owning or thereafter purchasing, leasing or otherwise acquiring any interest in the Property improved with the Project shall not (because of such ownership, purchase, lease or acquisition) incur any obligation or liability under this Agreement regarding construction or installation of the Project except that such person shall be bound by any reservations, covenants, conditions, restrictions and other interests recorded against the Property pursuant to thi s Agreement and the Grant Deed.
4.10.4 If the City fails or refuses to issue a Certificate of Completion following written request from the Developer, the City shall, within fifteen (15) calendar days of the Developer’s written request or within three (3) calendar days after the next regular meeting of the City Council, whichever date occurs later, provide the Developer with a written statement setting forth the reasons for the City’s failure or refusal to issue a Certificate of Completion. The statement shall also contain the City’s opinion of the action(s) the Developer must take to obtain a Certificate of Completion from the City. If the reason for the Developer ’s failure to complete the Project is confined to the immediate unavailability of specific items or materials for construction or landscaping at a price reasonably acceptable to the Developer or other minor building “punch- list” items, the City may issue its Certificate of Completion upon the posting of a bond or 1462
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irrevocable standby letter of credit by t he Developer in a form reasonably acceptable to the City in an amount representing the fair value of the work on the Project remaining to be completed, as reasonably determined by the City. If the City fails to provide such written statement, within the specified time period, the Developer shall be deemed conclusively and without further action of the City to have satisfied the requirements of this Agreement with respect to the Project, as if a Certificate of Completion had been issued by the City pursuant to this Agreement.
4.10.5 A Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage, or any insurer of a mortgage securing money loaned to finance the Project, or any parts thereof. A Certificate of Completion shall not be deemed to constitute a notice of completion under Section 9204 of the California Civil Code , nor shall it act to terminate the continuing covenants, restrictions or conditions contained in the Gra nt Deed or any other instruments recorded against the Property pursuant to this Agreement. A Certificate of Completion is not evidence of the compliance of the Project with any City Requirements or any building code, conditions of approval, land use, zoning or other requirements of the City or any Governmental Agency with jurisdiction over the Property, other than the City.
ARTICLE V
DEVELOPER COVENANTS
5.1 Covenant to Maintain Property on Tax Rolls . The Developer for itself, its successors and assigns to all or any part or portion of the Property and/or Project, covenants and agrees that:
5.1.1 The entire Property shall remain on the County secured real property tax rolls for twenty years from the date of issuance of a certificate of occupancy for the Project.
5.1.2 The Deve loper shall pay all property tax bills with respect to the Property and all improvements thereon on or before the last day for the timely payment of each property tax installment on each December 10 and April 10 during such time period and to timely pay all supplemental tax bills regarding the Property issued by the County. The Developer further covenants and agrees to provide to the City, on or before July 31 of each year, commencing in the calendar year following the calendar year in which a Certificate of Completion is recorded and in each calendar year, thereafter, for the full term of this covenant: (i) a true and correct copy of all property tax assessment notices, property tax bills and property tax assessment correspondence by and between the Developer and the County regarding the Property and all improvements thereon, with respect to the preceding fiscal year of the County, and (ii) cancelled checks issued by the Developer in payment of all property tax payments that are made to the County regarding the Property and all improvements thereon (or other reasonably acceptable evidence of such payment), with respect to the preceding County fiscal year.
5.1.3 The covenants of this Section 5.1 shall run with the land of the Property, shall be enforceable against the Developer and its successors and assigns, and shall be covenants set forth in the Grant Deed.
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5.2 Intentionally Omitted.
5.3 Maintenance Condition of the Property. The Developer for itself, its successors and assigns to all or any part or portion of the Property and/or Project, covenants and agrees that:
5.3.1 The areas of the Property that are subject to public view (including all existing and future improvements, paving , walkways, landscaping, exterior signage and ornamentation) shall be maintained in good repair and a neat, clean and orderly condition, ordinary wear and tear excepted. If there is an occurrence of an adverse condition on any area of the Property that is subject to public view in contravention of the general maintenance standard described above (a “Maintenance Deficiency”), then the City shall notify the Developer in writing of the Maintenance Deficiency. If the Developer fails to cure or commence and diligently pursue to cure the Maintenance Deficiency within thirty (30) days of its receipt of notice of the Maintenance Deficiency, the City shall have the right to enter the Property and perform all acts reasonably necessary to cure the Maintenance Deficiency, or to take any other action at law or in equity that may then be available to the City to accomplish the abatement of the Maintenance Deficiency. Any sum expended by the City for the abatement of a Maintenance Deficiency on the Property pursuant to this Section 5.3.1 shall become a lien on the Property, as applicable. If the amount of the lien is not paid within thirty (30) days after written demand for payme nt from the City to the Developer, the City shall have the right to enforce the lien in the manner provided in Section 5.3.3.
5.3.2 Graffiti, as this term is defined in Government Code Section 38772, that has been applied to any exterior surface of a structure or improvement on the Property that is visible from any public right-of-way adjacent or contiguous to the Property, shall be removed by the Developer by either painting over the evidence of suc h vandalism with a paint that has been color-matched to the surface on which the paint is applied, or graffiti may be removed with solvents, detergents or water, as appropriate. If Developer does not commence any action to remove any such graffiti within ninety-six (96) hours following the time of the discovery of the graffiti by Developer, the City shall have the right to enter the Property and remove the graffiti, at reasonable times and upon reasonable notice to the Developer. Any sum reasonably expended by the City for the removal of graffiti from the Property pursuant to this Section 5.3.2, shall be a lien on the Property. If the amount of the lien is not paid within thirty (30) days after written demand to the Developer from the City, the City shall have the right to enforce its lien in the manner provided in Section 5.3.3.
5.3.3 The Parties further mutually understand and agree that the rights conferred upon the City under this Section 5.2 expressly include a grant by the Develope r of a security interest in the Property with the power to establish and enforce a lien or other encumbrance against the Property or any portion thereof, in the manner provided under Civil Code Sections 2924, 2924b and 2924c, to secure the obligations of the Developer and it successors under Section
5.3.1 or Section 5.3.2, including the reasonable attorneys ’ fees and costs of the City associated with the abatement of a Maintenance Deficiency or removal of graffiti. For the purposes of the preceding sentence the words “reasonable attorneys’ fees and costs of the City” mean and include the salaries, benefits and costs of the City Attorney and the lawyers employed in the Office of the City Attorney.
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5.3.4 The provisions of this Section 5.2, shall be a covenant running with the land of the Property, shall be enforceable against the Developer and its successors and assigns, and shall be covenants set forth in the Grant Deed. Nothing in the foregoing provisions of this Section
5.2 shall be deemed to preclude the Developer from making any alteration, addition, or other change to any structure or improvement or landscaping on the Property, provi ded that any such changes comply with applicable zoning and building regulations of the City.
5.4 Obligation to Refrain from Discrimination . The Developer for itself, its successors and assigns to all or any part or portion of the Property and/or Project, cov enants and agrees that:
5.4.1 There shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, oc cupancy, tenure or enjoyment of the Property nor shall the Developer, itself or any person claiming under or through it, 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, sub -tenants, sub -lessees or vendees of the Property. The covenant of this Section 5.4 shall run with the land of the Property and shall be enforceable against the Developer and its successors and assigns in perpetuity and be a covenant in the Grant Deed and the Notice of Agreement.
5.4.2 The covenant of this Section 5.4 shall run with the land of the Property in perpetuity, shall be enforceable against the Developer and its successors and assigns, and shall be covenants set forth in the Grant Deed.
5.5 Form of Non-Discrimination and Non-Segregation Clauses. The Developer for itself, its successors and assigns to all or any part or portion of the Property and/or Project, covenants and agrees that:
5.5.1 The Developer, such successors and such assigns shall refrain from restricting the sale, lease, sublease , rental, transfer, use, occupancy, tenure or enjoyment of the Property (or any portion thereof) on the basis of sex, marital status, race, color, religion, creed, ancestry or national origin of any person. All deeds, leases or contracts pertaining to the Property shall contain or be subject to substantially the following non -discrimination or non -segregation covenants:
5.5.1.1 In deeds: “The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, th at there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry 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 it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupa ncy of tenants, lessees, sub -tenants, sub -lessee, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.”
5.5.1.2 In leases: “The Lessee herein covenants by and for itself, its 1465
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successors and assigns, and all persons claiming under or through them, 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 race, color, creed, religion, sex, mar ital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee itself, or any person claiming under or through it, establish or permit any such pr actice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants lessees, sub-lessee, sub-tenants, or vendees in the premises herein leased.”
5.5.1.3 In contracts: “There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premi ses herein conveyed or leased, nor shall the transferee or any person claiming under or through it, 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, sub-lessees, sub-tenants, or vendees of the premises herein transferred. ” The foregoing provision shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument.
5.5.2 The covenant of this Section 5.5 shall run with the land of the Property in perpetuity, shall be enforceable against the Developer and its successors and assigns, and shall be covenants set forth in the Grant Deed.
5.6 Survival of Special Development Covenants . All of the covenants set forth in ARTICLE V, inclusive, shall be a covenant running with the land of the Property and each such special development covenant shall survive the Close of Escrow, execution and recordation of the Grant Deed, and issuance and recordation of any Certificate of Completion for the time period specifically set forth in each such special development covenant. The Parties acknowledge that although the special development covenants apply to the entirety of the Property, portions of the Project and Property may, in accordance with t he Permitted Transfer requirements, be sold or otherwise transferred to various successors and assigns of the Developer. Accordingly, the City agrees that with respect to enforcement of any of the special development covenants, it is understood and agreed that, in the event of a breach of any of the special development covenants, the City will seek to enforce those covenants only against the then-current owner(s) of that portion of the Property which is not in compliance with any one or more the special de velopment covenants. No owner of any portion of the Property which is in compliance with the special development covenants shall be liable for the breach of any of the special development covenants by any other owner of any other portion of the Property; provided, however, that the foregoing shall not preclude City from seeking damages against any prior owner of any portion of the Property if, during the tenure of such owner ’s ownership, such owner ’s portion of the Property was not in compliance with any one or more of the special development covenants.
5.7 Developer Covenant to Defend this Agreement . The Developer acknowledges that the City is a “public entity” and/or “public agency” as defined under applicable California law. Therefore, the City must satisfy the requirements of certain California statutes relating to the actions of public entities and public agencies including, without limitation, CEQA. Also, as a public body, the City ’s action in approving this Agreement may be subject to proceedings to 1466
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invalidate this Agreement or mandamus. The Developer assumes the risk of delays and damages that may result to the Developer from any third -party legal actions related to the City ’s approval of this Agreement or the pursuit of the activities contemplated by this Agreement, even in the event that an error, omission or abuse of discretion by the City is determined to have occurred. If a third- party files a legal action regarding the City ’s approval of this Agreement or the pursuit of the activities contemplated by this Agreement, either the City may terminate this Agreement on thirty (30) days written notice to the Developer of the City ’s intent to terminate this Agreement, referencing this Section 5.7, without any further obligation to perform the terms of this Agreement and without any liability to the Developer resulting from such termination, unless the Developer unconditionally agrees to indemnify and defend the City, with legal counsel reasonably acceptable to the City, against such third -party legal action, as provided in the next sentence. Within thirty (30) days of receipt of the City ’s notice of intent to terminate this Agreement, as provided in the preceding sentence, the Developer may offer to defend the City, with legal counsel reasonably acceptable to the City, in the third -party legal action and pay all of the court costs, attorney fees, monetary awards, sanctions, attorney fee awards, expert witness and consulting fees, and the expenses of any and all financial or performance obligations resulting from the disposition of the legal action. Any such offer from the Developer must be in writing and reasonably acceptable to the City in both form and substanc e. Nothing contained in this Section 5.7 shall be deemed or construed to be an express or implied admission that the City is liable to the Developer or any other person or entity for damages alleged from any alleged or established failure of the City to comply with any statute, including, without limitation, CEQA. The Developer ’s defense of such third party actions as described in this Section 5.7 shall constitute an Unavoidable Delay.
5.8 Environmental Inde mnity of the City by the Developer . Subject to the representation and warranties of the City hereunder, t he Developer agrees, at its sole cost and expense, to fully indemnify, protect, hold harmless, and defend (with counsel selected by the Developer and approved by the City) the City and its commissions, agents, attorneys, officers, employees, and authorized representatives (collectively, the “Indemnified Parties”), from and against any and all claims, demands, damages, losses, liabilities, obligations, p enalties, fines, actions, causes of action, judgments, suits, proceedings, costs, disbursements and expenses, including, without limitation, attorney fees, disbursements and costs of attorneys, environmental consultants and other experts, and all foreseeable and unforeseeable damages or costs of any kind or of any nature whatsoever (collectively, “Environmental Claims”) that may, at any time, be imposed upon, incurred or suffered by, or claimed, asserted or awarded against, the Indemnified Parties, directly or indirectly relating to or arising from any of the following “Environmental Matters” existing or occurring during or arising from the Developer ’s ownership of the Property or construction or operation of the Project:
5.8.1 The presence of Hazardous Materials on, in, under, from or affecting all or any portion of the Property or the Project.
5.8.2 The storage, holding, handling, release, threatened release, discharge, generation, leak, abatement, removal or transportation of any Hazardous Materials on, in, under, from or affecting the Property or the Project.
5.8.3 The violation of any law, rule, regulation, judgment, order, permit, license, agreement, covenant, restriction, requirement or the like by the Developer, its agents or 1467
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contractors, relating to or governing in any way Hazardous Materials on, in, under, from or affecting the Property or the Project.
5.8.4 The failure of the Developer, its agents or contractors, to properly complete, obtain, submit and/or file any and all notices, permits, licenses, authorizations, covenants and the like in connection with the Developer ’s activities on the Property or regarding the Project.
5.8.5 The implementation and enforcement by the Developer, its agents or contractors of any monitoring, notification or other precautionary measures that may, at any time, become necessary to protect against the release, potential release or discharge of Hazardous Materials on, in, under, from or affecting the Property or the Project.
5.8.6 The failure of the Developer, its agents or contractors, in compliance with all applicable Environmental Laws, to lawfully remove, contain, transport or dispose of any Hazardous Materials existing, stored or generated on, in, under or from the Property or the Project.
5.8.7 Any investigation, inquiry, order, hearing, action or other proceeding by or before any governmental agency in connection with any Hazardous Materials on, in, under, from or affecting the Property or the Project or the violation of any Environmental Law relating to the Property or the Project.
5.8.8 The Developer shall pay t o the Indemnified Parties all costs and expenses including, without limitation, reasonable attorneys' fees and costs, incurred by the Indemnified Parties in connection with enforcement of the aforementioned environmental indemnity.
5.9 Insurance. In order to protect the City and its commissions, agents, attorneys, officers, employees and authorized representatives (collectively, “Additional Insureds”) against any and all claims and liability for death, injury, loss and damage resulting from the Developer ’s actions in connection with this Agreement, the Property, and the Project, the Developer shall secure and maintain the insurance coverage, described in and required by this Section 5.9. The City shall not have any obligation under this Agreement until the Developer provides the required policies and/or certificates evidencing the insurance required by this Section 5.9 to the City and the City approves such evidence of insurance. The Developer shall pay any deductibles and self - insured retentions under all insurance policies issued in satisfaction of the terms of this Agreement.
Developer shall retain all insurance policies as set forth in this Section 5.9 until recordation of the Certificate of Completion.
5.9.1 Workers’ Compensation Insurance Requirement . The Developer shall submit written proof that the Developer is insured against liability for workers’ compensation in accordance with the provisions of Section 3700 of the Labor Code. By executing this Agreement, the Developer makes the following certification, required by Section 1861 of the Labor Code:
“I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability f or workers’ compensation or to undertake self-insurance in accordance 1468
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with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
The Developer shall require each contractor and sub-contractor performing work on the Project to provide workers ’ compensation coverage for all of such contractor ’s or sub -contractor’s employees, unless the contractor ’s or sub -contractor’s employees are covered by workers ’ compensation insurance provided by the Developer. If any class of employees engaged in work or services performed in connection with the Project is not covered by Labor Code Section 3700, the Developer shall provide and/or require each contractor or sub -contractor to provide adequate workers’ compensation insurance covering such employees. Each workers’ compensation policy procured pursuant to this Section 5.9.1 shall contain a full waiver of subrogation clause in favor of the Additional Insureds.
5.9.2 Liability and Permanent Insurance Requirements.
5.9.2.1 The Developer shall maintain in full force and effect, until the issuance of the Certificate of Completion, subject to Sec tion 5.9.2.4, the following insurance coverage:
5.9.2.1.1 Commercial General Liability Insurance coverage, including, but not limited to, Premises -Operations, Contractual Lia bility Insurance (specifically covering all indemnity obligations of the Developer pursuant to this Agreement), Products - Completed Operations Hazards, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of the construction of the Project and/or the Developer’s operations concerning the Property or the Project. The commercial general liability insurance coverage shall have minimum limits for Bodily Injury and Property Damage liability of TWO MILLION DOLLARS ($2 ,000,000) each occurrence and FOUR MILLION DOLLARS ($4,000,000) aggregate.
5.9.2.1.2 Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering all owned, leased, hired and non -owned vehicles use d by the Developer with minimum limits for Bodily Injury and Property Damage of ONE MILLION DOLLARS ($1,000,000) each occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. Such insurance shall be provided by a business or commercial vehicle policy.
5.9.2.1.3 If the Developer hires a consultant to provide design services, such as architectural or engineering services in connection with the Project, or any portion of the Project, the Developer shall require each such consultant to provide Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, the performance of such design services, with limits of not less than ONE MILLION DOLLARS ($1,000,000).
5.9.2.1.4 Upon acceptance of the Project or any portion thereof, from each contractor, the Developer shall maintain Fire and Extended Coverage Insurance on the Project on a blanket basis or with an agreed amount clause in amounts not less than 100% 1469
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of the replacement value of all portions of the Project so accepted.
5.9.2.2 During the construction of the Project, the Developer shall require that each contractor performing work on the Project maintain the following insurance coverage, as specified below, at all times during the performance of said work, or the Developer shall provide for such contractors “wrap” coverage, as specified below, at all times during the performance of said work:
5.9.2.2.1 The Developer shall maintain Builder ’s Risk
Insurance to be written on an All Risk Completed Value form, in an aggregate amount equal to 100% of the completed insurable value of the Project or portion of the Project on which such contractor is performing work.
5.9.2.2.2 Each general contractor and each sub -contractor shall maintain Commercial General Liability Insurance with limits of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate to protect the Developer during the construction of the Project from claims involving bodily injury and/or death and damage to the property of others.
5.9.2.2.3 Each general contractor and each sub -contractor shall maintain Automobile Liability Insurance against claims of personal injury (including bodily injury and death) and property damage covering all owned, leased, hired and non-owned vehicles used in the performance of the contractor’s obligations with minimum limits for bodily injury and property damage of ONE MILLION DOLLARS ($1,000,000) each occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. Such automobile liability insurance shall be provided by a business or commercial vehicle policy.
5.9.2.3 The insurance required in Section 5.9.2.1 and Section 5.9.2.2 above shall include endorsements naming the Additional Insureds as additional insured for liability arising out of this Agreement and any operation related to this Agreement.
5.9.2.4 Any insurance coverage required under this Agreement shall not be written on a “claims made” basis. The applicable certificate of insurance must clearly provide that the coverage is on an “occurrence” basis. The requirements of this Section 5.9.2.4 shall survive any expiration or termination of this Agreement and the recordation of the Grant Deed and any Certificate of Completion.
5.9.2.5 Receipt by the City of evidence of insurance that does not comply with the above requirements shall not constitute a waiver of the insurance requirements of this Agreement.
5.9.2.6 Subject to Section 5.9.2.4, all of the insurance coverage required under this Section 5.9 shall be maintained by the Developer or its contractors, as required by the terms of this Agreement, until the issuance of the Certificate of Completion and shall not be reduced, modified, or canceled without, at least, thirty (30) days prior written notice to the City.
Also, phrases such as “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company” shall not be included in the cancellation wording of any certificates of insurance or any coverage for the Additional Insureds. The Developer shall 1470
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immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits are exha usted or upon insolvency of the insurer that issued the policy.
5.9.2.7 All insurance to be obtained and maintained by the Developer under this Section 5.9 shall be issued by a company or companies listed in the then current “Best’s Key Rating Guide” publication with a minimum of an “A:VII” rating and be admitted to conduct business in the State of California by the State of California Department of Insurance.
5.9.2.8 The City will not accept self -insurance in satisfaction of the insurance requirements of this Section 5.9.
5.9.2.9 All insurance obtained and maintained by the Developer in satisfaction of the requirements of this Agreement shall be primary to and not contributing to any insurance maintained by the Additional Insureds.
5.9.2.10 Insurance coverage in the minimum amounts set forth in this Section 5.9 shall not be construed to relieve the Developer of any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor sha ll it preclude the Additional Insureds from taking such other actions as are available to them under any other provision of this Agreement or otherwise at law.
5.9.3 Failure by the Developer to maintain all insurance coverage required by this Section 5.9 in effect shall be an Event of Default by the Developer. The City, at its sole option, may exercise any remedy available to them in connection with such an Event of Defau lt.
Alternatively, the City may, at its sole option, purchase any such required insurance coverage and the City shall be entitled to immediate payment from the Developer for any premiums and associated costs paid by the City for such insurance coverage. Any election by the City to purchase or not to purchase insurance otherwise required to be carried by the Developer shall not relieve the Developer of its obligation to obtain and maintain the insurance coverage required by this Agreement.
ARTICLE VI
PROJECT FINANCING
6.1 Recordation of Construction Loan Deed of Trust. The Developer covenants to the City that, if Developer has arranged any secured Construction Loan, the Developer shall cause the Construction Loan Deed of Trust(s) to be recorded against the Property within sixty (60) days following the Close of Escrow.
6.2 Unauthorized Liens. Except as provided in Section 6.3, until recordation of the Certificate of Completion, the Developer shall not record, and shall not allow to be recorded, against the Property, or any portion thereof, any Lien not expressly authorized by this Agreement.
Until recordation of the Certificate of Completion, the Developer shall remove, or shall have removed, any unauthorized Lien made or recorded against the Property or any portion of the Property, or shall assure the satisfaction thereof to the satisfaction of the City. After one hundred twenty (120) calendar days prior written notice to the Developer, the City shall have the right, but 1471
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not the obligation, to satisfy any unauthorized Lien made or recorded prior to recordation of the Certificate of Completion and receive reimbursement from the Developer for any amounts paid or incurred in satisfying any such Lien, upon demand. Nothing in this Section 6.2, though, shall require the Developer to pay or make provisions for the payment of any tax, assessment, lien, or charge that the Developer is in the process of contesting the validity or amount thereof, in good faith, and so long as such contest shall not subject the Property, or any portion thereof, to forfeiture or sale.
6.3 Rights of Lenders and City Regarding Permitted Loans and Liens.
6.3.1 The City shall have the right of reasonable review and approval of any Lender from which the Developer proposes to obtain any L oan, whether or not such Loan is secured by a Lien against the Property or any portion thereof. The City shall not unreasonably withhold, condition or delay its approval of any proposed Lender or Loan. In deciding whether to give, condition or withhold s uch approval, the City may consider, among other matters, whether or not the proposed Lender is a state or federally chartered bank, savings and loan, or other financial institution which routinely provides construction financing to development projects such as the Project, whether the terms of the Loan are reasonable and customary when compared to the financing terms of similar development projects in the County, the size and financial strength of the proposed Lender, and what effect, if any, any changes r equested by the Lender to either this Agreement or any of the exhibits to this Agreement may have upon the City’s rights and remedies hereunder. In connection therewith, in any notice requesting approval of a proposed Lender and Loan, the Developer shall include a statement identifying any amendments, modifications, or other changes to this Agreement or its exhibits which the proposed Lender will request in connection with the Developer’s obtaining of the Loan. The City agrees to reasonably consider, but shall not be obligated to accept, any amendment, modification, or other change to this Agreement or any of the exhibits to this Agreement which materially restricts, diminishes, or burdens the City ’s rights and remedies.
6.3.2 Whenever the City delivers any noti ce or demand to the Developer regarding any breach or default by the Developer under this Agreement that, if not timely cured by the Developer, would entitle the City to terminate this Agreement, the City shall send a copy of such notice to each affected Lender of which the City has received notice and a contact address for transmittal of such notices. Whenever the City delivers any notice or demand to the Developer regarding any breach or default by the Developer under this Agreement that, if not timely c ured by the Developer, would entitle the City to exercise its power of termination of the fee estate of all or any portion of the Property pursuant to Section 7.6, the City shall at the same time send a copy of such notice or demand to each affected Lender of which the City has received notice and a contact address for transmittal of such notice. Each affected Lender receiving a copy of any such notice shall have th e right, at its option, to commence the cure or remedy of any such default of the Developer and to diligently and continuously proceed with such cure or remedy, within one hundred eighty (180) calendar days following its receipt of notice of the default. If a default of the Developer under this Agreement cannot, with diligence, be remedied or cured, or the remedy or cure of such default cannot be commenced, within such one hundred eighty (180) calendar day period, the Lender shall have such additional tim e as is reasonably necessary to remedy or cure such default of the Developer, but in no event beyond three hundred sixty five (365) calendar days following its receipt of notice of the default. If such default of the Developer can only be remedied 1472
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or cured by the Lender upon obtaining possession of the Property, the Lender shall seek to obtain possession of the Property with diligence and continuity through a receiver or otherwise, and shall remedy or cure such default of the Developer within one hundred eighty (180) calendar days after obtaining possession of the Property. Nothing contained in this Agreement shall be deemed to permit or authorize any Lender to undertake or continue the construction of any portion of the Project (beyond the extent necessary to conserve or protect improvements or construction already made), without expressly assuming the Developer ’s obligations under this Agreement by written agreement approved by the City, in which the Lender agrees to complete, in the manner provided in th is Agreement, the improvements to which the Lien or title of the Lender relates, which approval shall not unreasonably be withheld, delayed, or conditioned by the City.
6.3.3 In any case where, one hundred eighty (180) calendar days after delivery of notice of a default of the Developer under Section 6.3.2, an affected Lender has not exe rcised the option provided in Section 6.3.2 to construct the applicable portions of the Project, or has exercised the option, but has not proceeded diligently and continuously with construction, the City shall have the option, in the City ’s sole and absolute discretion, to purchase the Loan of such Lender and any security interest of such Lender under its Loan Documents by payment to the Lender of the amount of the unpaid Loan, including principal, accrued and unpaid interest, late charges, costs, expenses and other amounts payable to the Lender by the Developer under its Loan Documents and, if the ownership of the Property or any portion of the Property has previous ly vested in such Lender, the City, at its option but not as its obligation, shall be entitled to a conveyance of any title or interest in the Property vested in such Lender from such Lender.
6.3.4 After expiration of the one hundred eighty (180) calendar day pe riod provided for in Section 6.3.3, any affected Lender may demand, in writing, that the City act to exercise or forego the option granted in Section 6.3.3. If the City fails to exercise the right granted in Section 6.3.3 within sixty (60) calendar days from the date of the City’s receipt of such written demand from a Lender, the City shall be conclusively deemed to have waived its right of purchase of that Lender’s interest pursuant to Section 6.3.3.
6.3.5 In the event of a default or breach by the Developer under any Loan Documents, where the Lender has not exercised its option to complete the Project under Section
6.3.2, the City may cure the default of the Developer under the applicable Loan Documents, but is under no obligation to do so, prior to completion of any sale or foreclosure of the Property or any portion thereof under the applicable Loan Documents. The City shall be entitled to reimbursement from the Developer of all costs and expenses incurred by the City in curing any default of the Developer under any Loan Documents.
6.3.6 In any case where a Lender has acquired title to all or any portion of the Property or Project through foreclosure, deed in lieu of foreclosure, or any other means, and such Lender proposes to enter into an agreement to transfer the Property and/or Project, or any portion thereof, to a third party transferee, the Lender shall provide the City with written notice thereof, which notice shall include a reasonably detailed description of the terms and conditions of the proposed transaction. The City shall have the option, but not the o bligation, to purchase the Property and/or Project on substantially the same terms as described in the Lender’s notice, which option, if ever, shall be exercised by written notice from the City to the Lender within twenty (20) days following the City’s receipt of the Lender’s notice. If the City elects not to exercise its option, 1473
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then, subject to Section 8.2.2, the Lender may complete the transaction described in its notice, provided that such transaction is closed on materially identical terms and conditions as those described in the Lender ’s notice to the City. If the Lender and third party transferee desire to materially amend the terms of their proposed transa ction, the Lender shall give the City written notice of the proposed modifications and the City shall once again have the right to elect to acquire the Property and the Project (or portion thereof) on terms and conditions substantially similar to those modified terms. If, for any reason, the proposed transaction between the Lender and third party transferee fails to close within two hundred forty (240) days following the date on which the City first receives notice of the proposed transaction (or notice of the proposed modified transaction, whichever is later), then the City once again have the right to elect to acquire the Property and/or Project pursuant to this Section 6.3.6.
6.3.7 The restrictions set forth in this Section 6.3 shall remain in effect only until the recordation of the Certificate of Completion for the Project.
ARTICLE VII
DEFAULTS, REMEDIES AND TERMINATION
7.1 Defaults - General.
7.1.1 Subject to any extensions of time provided for in this Agreement, failure or delay by any Party to perform any term or provision of this Agreement shall constitute an “Event of Default ” under this Agreement; provided, however, that if a Party otherwise in default commences to cure, correct or remedy such default, within thirty (30) calendar days after receipt of written notice from the injured Party specifying such default, and shall diligently and continuously prosecute such cure, correction or remedy to completion (and where any time limits for the completion of such cure, correction or remedy are specifically set forth in this Agreement, then within said time limits), such Party shall not be deemed to be in default under this Agreement and no Event of Default shall be deemed to have occurred.
7.1.2 The injured Party shall give written notice of default to the Party in default, specifying the default complained of by the non -defaulting Party. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default.
7.1.3 Any failure or delays by any Party in asserting any of their rights and/or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by any Party in asserting any of its rights and/or remedies shall not deprive that Party of its right to institute and maintain any actions or proceedings that it may deem necessary to protect, assert or enforce any such rights or remedies.
7.1.4 In addition to other acts or omissions of the Developer that may legally or equitably constitute a default or breach of this Agreement, the occurrence of any of the following specific events, prior to the issuance of a Certificate of Completion for the Project, shall constitute an “Event of Default ” under this Agreement and s hall not be subject to the notice and cure provisions of Section 7.1.1:
7.1.4.1 Any material default by the Developer under any Loan 1474
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Documents for any purpose or reason that remains uncured following any applicable notice and expiration of any applicable cure period under such Loan Documents.
7.1.4.2 Any representation, warranty or disclosure made to the City by the Developer regarding this Agreement or the Project is materially false or misleading, whether or not such representation or disclosure appears in this Agreement.
7.1.4.3 The Developer fails to make any payment or deposit of funds required under this Agreement or to pay any other charge set forth in this Agreement, following seven (7) days’ written notice to the Developer from the City of such failure.
7.1.4.4 The construction of the P roject is delayed or suspended for a period in excess of that permitted under Section 4.3 or the Developer has not been issued, or entitled to be issued, a Certificate of Completion by the Project Completion Date.
7.1.4.5 There occurs any event of dissolution, reorganization or termination of the Developer that adversely and materially affects the operation or value of the Property or the Project, and such event is not corr ected within five (5) days following written notice of such event from the City to the Developer.
7.1.4.6 The Developer Transfers its interest in this Agreement, the Property, or the Project, or any portion thereof, whether voluntarily or involuntarily or by operation of law, in violation of the terms and conditions of this Agreement and such action is not cured within the period prescribed in Section 8.2.2.
7.1.4.7 The Developer be comes insolvent or a receiver is appointed to conduct the affairs of the Developer under state or federal law.
7.1.4.8 The Developer ’s legal status as a California limited liability company authorized by the Secretary of State of the State of California to transac t business in California is suspended or terminated , and such suspension is not cured within five (5) days following written notice thereof.
7.2 Reserved.
7.3 Reserved.
7.4 Legal Actions.
7.4.1 Except as otherwise provided by Section 7.3, any Party may inst itute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy available to that Party under this Agreement or at law or in equity. Such legal actions must be instituted in the Superior Court of the State of California in and for the County of San Bernardino, California, in any other appropriate court within the County of San Bernardino, California.
7.4.2 The procedural and substantive laws of the State of California shall govern the interpretation and enforcement of this Agreement, without regard to conflicts of laws 1475
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principles. The Parties acknowledge and agree that this Agreement is entered into, is to be fully performed in and relates to real property located in the City of Ontario, County of San Bernardino, California.
7.5 Rights and Remedies are Cumulative . Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties set forth in this ARTICLE VII are non- exclusive and cumulative, and the exercise by any Party of 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(ies).
7.6 City Power of Termination Regarding the Property.
7.6.1 The City hereby reserves a power of termination pursuant to Civil Code Sections 885.010, et seq., exercisable by the City, in its sole and absolute discretion, upon thirty (30) calendar days written notice to the Developer referencing this Section 7.6, to terminate the fee interest of the Developer in the Prop erty and/or any improvements to the Property and revest such fee title in the City and take possession of all or any portion of such real property and improvements, without compensation to the Developer, upon the occurrence of an Event of Default by the De veloper following the Close of Escrow and prior to the issuance of the Certificate of Completion.
7.6.2 The thirty (30) calendar day written notice specified Section 7.6.1 shall specify the Event of Default by the Developer triggering the City ’s exercise of its power of termination. The City shall proceed with its remedy set forth in Section 7.6.1 only if the Developer continues in default for a period of sixty (60) calendar days following such notice or, upon commencing to cure such default, fails to diligently and continuously prosecute said cure to satisfactory conclusion.
7.6.3 The rights of the City under this Section 7.6 shall be subject and subordinate to, shall be limited by and shall not defeat, render invalid or limit:
7.6.3.1 Each Lien recorded against the Property and specifically authorized by this Agreement as a Permitted Transfer;
7.6.3.2 Any leases, declarations of covenants, conditions and restrictions, easement agreements or other recorded documents or interests applicable to the Property and specifically authorized by this Agreement as a Permitted Transfer.
7.6.4 Upon the City ’s exercise of its power of termination pursuant to this Section 7.6, the Developer or its successors or assigns shall convey by grant deed to the City title to the Property, as specified in the City ’s notice pursuant to Section 7.6.1, and all improvements thereon, in accordance with Civil Code Section 1109, as such code section may hereafter be amended, renumbered, replaced or substituted. Such conveyance shall be duly acknowledged by the Developer and a notary in a manner suitable for recor dation. The City may enforce its rights pursuant to this Section 7.6 by means of an injunctive relief or forfeiture of title action filed in any court of competent jurisdiction.
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deed or court decree, the City shall exercise its reasonable good faith efforts to resell the Property at its then fair market value, as soon and in such manner as th e City shall, in its sole discretion, find feasible and consistent with the objectives of the City ’s General Plan, to a qualified and responsible person or persons (as reasonably determined by the City) who will assume the Developer’s obligations to begin and/or complete and/or operate that portion of the Project located on the Property, or such other replacement development acceptable to the City, in its sole and absolute discretion. Upon any such resale of the Property (or any portion thereof), the proceeds to the City from such sale shall be applied as follows:
7.6.5.1 First, to pay any and all amounts required to release/reconvey any Lien recorded against all or any portion of the Property; and
7.6.5.2 Second, to reimburse the City on its own behalf or on behalf of the City for all actual internal and third-party costs and expenses previously or currently incurred by the City related to the Property, the Project, or this Agreement, including, but not limited to, customary and reasonable fees or salaries to third -party p ersonnel engaged in such actions, in connection with the recapture, management and resale of the Property or any part thereof; all taxes, assessments and utility charges paid by the City with respect to the Property or portion thereof; any payment made or necessary to be made to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations incurred by the Developer with respect to the acquisition of the Property or the construction of the Project; and amounts otherwise owing to the City by the Developer or its successors or assigns pursuant to the terms of this Agreement; and
7.6.5.3 Third, to the extent that any proceeds from such resale are, thereafter, available, taking into account any prior encumbrances with a claim thereto, to reimburse the Developer, or its successors in interest to the equal to the sum of: (1) the Purchase Price; and (2) the third-party costs actually incurred and paid by the Developer regarding the development of the Project located on the Property, including, but not limited to, pro rata costs of carry, taxes, and other items as set forth in a cost certification to be made by the Developer to the City prior to any such reimbursement, which certification shall be subject to the City ’s reasonable ap proval; provided, however, that the Developer shall not be entitled to reimbursement for any expenses to the extent that such expenses relate to any loans, Liens or other encumbrances that are paid by the City pursuant to the provisions of sub-sections 7.6.5.1 or 7.6.5.2 above.
7.6.5.4 Any portion of the proceeds from the resale of the Property remaining after the foregoing applications shall be retained by the City as their sole and exclusive property.
7.6.6 IMMEDIATELY FOLLOWING THE THIRTY (30) DAY PERIOD
SPECIFIED IN SECTION 7.6.1, ABOVE, THE CITY, ITS EMPLOYEES AND AGENTS
SHALL HAVE THE RIGHT TO REENTER AND TAKE POSSESSION OF THE PROPERTY
AND ANY IMPROVEMENTS THEREON, WITHOUT FURTHER NOTICE OR COMPENSATION TO THE DEVE LOPER. BY INITIALING BELOW, THE DEVELOPER
HEREBY EXPRESSLY WAIVES, TO THE MAXIMUM EXTENT ALLOWED BY LAW, ANY
AND ALL RIGHTS THAT THE DEVELOPER MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 791 AND CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1162 , 1477
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AS THOSE S TATUTES MAY BE AMENDED, REPLACED, RENUMBERED OR
SUBSTITUTED, OR UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.
DEVELOPER’S INITIALS ____________
7.6.7 THE DEVELOPER ACKNOWLEDGES AND AGREES THAT THE
CITY’S EXERCISE OF ITS POWER OF TERMINA TION AND RIGHT OF REENTRY PURSUANT TO THIS SECTION 7.6 MAY WORK A FORFEITURE OF THE ESTATE IN THE
DEFAULTED PORTION OF THE PROPERTY CONVEYED TO THE DEVELOPER THROUGH THE GRANT DEED. THE DEVELOPER HEREBY EXPRESSLY WAIVES, TO
THE MAXIMUM EXTENT ALLOWED BY LAW, ANY AND ALL EQUITABLE AND
LEGAL DEFENSES THAT THE DEVELOPER MAY HAVE TO SUCH FORFEITURE,
INCLUDING, BUT NOT LIMITED TO, THE DEFENSES OF LACHES, WAIVER, ESTOPPEL, SUBSTANTIAL PERFORMANCE OR COMPENSABLE DAMAGES. THE
DEVELOPER FURTHER EXPRESSLY WAIVES, TO THE MAXIMUM EXTENT ALLOWED
BY LAW, ANY AND ALL RIGHTS AND DEFENSES THAT THE DEVELOPER MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 3275 OR ANY OTHER STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT. THE DEVELOPER ACKNOWLEDGES
THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT REFLECT THE POSSIBILITY OF FORFEITURE BY VIRTUE OF THE EXERCISE OF THE CITY’S POWER OF TERMINATION PROVIDED IN THIS SECTION 7.6 AND FURTHER ACKNOWLEDGE
THAT IT HAS RECEIVED INDEPENDENT AND ADEQUATE CONSIDERATION FOR ITS
WAIVER AND RELINQUISHMENT OF RIGHTS AND REMEDIES PURSUANT TO SECTION 7.6.6. AND THIS SECTION 7.6.7.
DEVELOPER’S INITIALS ____________
7.7 Developer Indemnification of the City. In addition to any other specific indemnification or defense obligations of the Developer set forth in this Agreement, the Developer agrees to indemnify, defend (upon written request by the City and with counsel reas onably acceptable to the City and hold harmless the Indemnified Parties , from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs and expenses, including, but not limited to reasonable attorney ’s fee s of counsel retained by the Indemnified Parties, expert fees, costs of staff time, and investigation costs, of whatever kind or nature, that are in any manner directly or indirectly caused, occasioned or contributed to in whole or in part, through any act , omission, fault or negligence, whether active or passive, of the Developer or the Developer ’s officers, agents, employees, independent contractors or subcontractors of any tier, relating in any manner to this Agreement, any work to be performed by the Developer related to this Agreement, the Property, or the Project, or any authority or obligation exercised or undertaken by the Developer under this Agreement. Without limiting the generality of the foregoing, the Developer ’s obligation to indemnify the In demnified Parties shall include injury or death to any person or persons, damage to any property, regardless of where located, including the property of the Indemnified Parties, any workers’ compensation or prevailing wage determination, claim or suit or a ny other matter arising from or connected with any goods or materials provided or services or labor performed regarding the Project or the Property on behalf of the Developer by any person or entity.
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ARTICLE VIII
GENERAL PROVISIONS.
8.1 Incorporation of Recitals. The Recitals of fact set forth preceding this Agreement are true and correct and are incorporated into this Agreement in their entirety by this reference.
8.2 Restrictions on Transfers.
8.2.1 The Developer acknowledges that the qualifications and identity of the Developer are of particular importance to the City. The Developer further recognizes and acknowledges that the City has relied and is relying on the specific qualifications and identity of the Developer in entering into this Agreement with the Developer and, as a consequence, Transfers are permitted only as expressly provided in this Agreement. The Developer shall promptly notify the City in writing of any and all changes whatsoever in the identity of the business entities or individuals either comprising or in control of the Developer, as well as any and all changes in the interest or the degree of control of the Developer by any such person, of which information the Developer or any of its partners, members or officers are notified or may otherwise have knowledge or information.
8.2.2 Except as expressly permitted in this Agreement, the Developer represents to the City that it has not made and agrees that it will not make or create, or suffer to be made or created, any Transfer other than a Permitted Transfer, either voluntarily, involuntarily or by operation of law, until after the recordation of a Certificate of Completion for the Project subject to the Transfer; provided, however, that the City may approve in its reasonable discretion, Transfers other than Permitt ed Transfers prior to the recordation of a Certificate of Completion.
In deciding whether to approve or disapprove any proposed Transfer, the City may consider the proposed transferee’s financial strength and the experience of the proposed transferee and its senior management in undertaking and successfully completing projects of a similar type and size as the Project or that portion of the Project proposed to be transferred. Any Transfer made in contravention of this Section 8.2 shall be voidable at the election of the City and this Agreement may be terminated by the City or the City may exercise any other remedy available to the City under the terms of this Agreement, provided, however, that (i) the City shall first notify the Developer in writing of its intention to terminate this Agreement or to exercise any other remedy, and (ii) the Developer shall have twenty (20) calendar days following its receipt of such written notice to commence and, thereafter, diligently and continuously proceed to cure the default of the Developer and submit evidence of the initiation and satisfactory completion of such cure to the City, in a form and substance reasonably satisfactory to the City.
8.2.3 The Developer shall provide the City no less than thirty (30) days prior written notice of any proposed Permitted Transfer which the Developer desires to enter into prior to the recordation of a Certificate of Completion for the Project subject to the Transfer, other than a Permitted Transfer for which no notice shall be required. The Developer shall have the burden of demonstrating to the City’s reasonable satisfaction that the proposed Permitted Transfer meets the conditions and requirements of this Agreement with respect to Permitted Transfers.
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proposed Transfer under this Section 8.2, or of any Lender or Loan under Section 6.3, the Developer agrees to reimburse the City for those third party costs and expenses reasonably incurred by the City in connection with its review of the Developer ’s request for app roval, including, without implied limitation, the reasonable fees and costs of those outside consultants and legal counsel retained by the City to assist it in its review of the Developer’s request, including the City Attorney.
8.2.5 Anything in this Agreement t o the contrary notwithstanding, the restrictions and prohibitions on Transfers contained in this Section 8.2 shall terminate upon issuance of a Certificate of Completion for the Project.
8.3 Notices, Demands and Communications Between the Parties.
8.3.1 Any and all notices, demands or communications submitted by any Party to another Party pursuant to or as required by this Agreement shall be proper, if in writing and dispatche d by messenger for immediate personal delivery, by a nationally recognized overnight courier service or by registered or certified United States Mail, postage prepaid, return receipt requested, to the principal office of the City or the Developer, as applicable, as designated in Section 8.3.2. Such written notices, demands or communications may be sent in the same manner to such other addresses as either Party may from time to time designate. Any such notice, demand or communication shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is delivered by personal delivery, on the date of delivery by a nationally recognized overnight courier service or three (3) calendar days after it is placed in the United States Mail, as provided in this Section 8.3.
8.3.2 The following are the authorized addresses for the submission of notices, demands or communications to the Parties:
TO DEVELOPER: Ontario Ranch Hotels LLC
Attn: Gurvinder Singh
1140 Natalie Lane
Watsonville, CA 95076
(T) (831) 840-5517
Email: [email protected]
COPY TO: Brothers Smith LLP
2033 N. Main Street, Suite 720
Walnut Creek, CA 94596
Attn: Roger J. Brothers
(T) 925-944-9700
Email: [email protected]
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TO CITY:
COPY TO:
City of Ontario
Attn: City Manager
303 East B Street
Ontario, CA 91764
(T) (909) 395-2000
(F) (909) 395-2420
Best Best & Krieger, LLP
2855 E. Guasti Rd., Suite 400
Ontario, CA 91761
Attn: Ruben Duran
(T) (213) 787-2569
Email: [email protected]
TO TITLE
COMPANY:
Chicago Title Insurance Company, NCS California
Attn: Stephanie Zapalac
4911 Birch Street
Newport Beach, CA 92660
(M) (714) 742-7777
Email: [email protected]
8.4 Conflict of Interest . No member, official or employee of the City, having any conflict of interest, direct or indirect, related to this Agreement, the Property, or the development or operation of the Project shall participate in any decision relating to this Agreement. The Parties represent and warrant that they do not have knowledge of any such conflict of interest.
8.5 Warranty Against Payment of Consideration for Agreement . The Developer warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement. Third parties, for the purposes of this Section 8.5, shall not include persons to whom fees are paid for professional services, if rendered by attorneys, financial consultants, accountants, engineers, architects and the like when such fees are considered necessary by the Developer.
8.6 Non-liability of City, Officials and Employees. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest of the Developer, in the event of any default or breach by the City under this Agreement or for any amount that may become due to the Developer or to its successor, or on any obligations under the terms of this Agreement, except as may arise from the gross negligence or willful acts of such member, official or employee.
8.7 Unavoidable Delay; Extension of Time of Performance.
8.7.1 Subject to specific provisions of this Agreement, performance by any Party under this Agreement shall not be deemed, or considered to be, in default where any such default is due to an Unavoidable Delay that is not attributable to the fault of the Party claiming an extension of time to perform. An extension of time for any Unavoidable Delay shall be for the period of the Unavoidable Delay and shall commence to run from the date of occurrence of the 1481
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Unavoidable Delay, if the Party asserting the existence o f the Unavoidable Delay provides the other Parties with written notice of the occurrence of the Unavoidable Delay, within ten (10) days of the commencement of such asserted Unavoidable Delay. Otherwise, the extension of time for an Unavoidable Delay shall commence on the date of receipt of written notice of the occurrence of the Unavoidable Delay by the Parties not requesting an extension of time to perform due to such Unavoidable Delay.
8.7.2 The Parties expressly acknowledge and agree that changes in either general economic conditions or changes in the economic assumptions of either of them that may have provided a basis for entering into this Agreement and that occur at any time after the execution of this Agreement, do not constitute an Unavoidable Delay and do not provide any Party with grounds for asserting the existence of an Unavoidable Delay in the performance of any covenant or undertaking arising under this Agreement. Each Party expressly assumes the risk that changes in general economic conditions or changes in such economic assumptions relating to the terms and covenants of this Agreement could impose an inconvenience or hardship on the continued performance of such Party under this Agreement.
8.8 Inspection of Books and Records. The City shall have the right at all reasonable times, and upon reasonable notice, at the City’s cost and expense, to inspect the books and records of the Developer pertaining to the Property and/or the Project until a Certificate of Completion has been issued. The Developer shall also have the right at all reasonable times, and upon reasonable notice, at the Developer ’s sole cost and expense, to inspect the books and records of the City pertaining to the Property and/or the Project, to the extent relevant to the Developer ’s obligations under this Agreement. Nothing in this Section 8.8 or elsewhere in this Agreement shall, however, constitute a waiver or modification of any right or privilege which any Party may have with respect to any document, statement, or other record, including, without implied limitation, the attorney - client privilege, the attorney -work product privilege, any privilege arising under any state or federal evidentiary code or rule, or any privilege or exclusionary right arising under any state or federal freedom of information or public records disclosure law.
8.9 Reserved.
8.10 Binding on Successors and Assigns . This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns.
8.11 Entire Agreement.
8.11.1 This Agreement shall be executed in three (3) duplicate originals, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement including all exhibits shall constitute the entire understanding and agreement of the Parties regarding the subjects addressed in this Agreement.
8.11.2 This Agreement integrates all of the terms and conditions mentioned in this Agreement or incidental to this Agreement, and supersedes all negotiations or previous agreements between the Parties with respect to the Prop erty, the Project, and the other subjects addressed in this Agreement.
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8.11.3 None of the terms, covenants, agreements or conditions set forth in this Agreement shall be deemed to be merged with any deed conveying title to the Property and this Agreement shall continue in full force and effect before and after such conveyances.
8.11.4 All waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the authorized representative(s) of all Parties.
8.12 Execution of this Agre ement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Executed counterparts of this Agreement may be delivered by facsimile transmission or by delivery of a scanned counterpart in portable document format (PDF) by email, in either case with delivery confirmed. On such confirmed delivery, the signatures in the facsimile or PDF data file shall be deemed to have the same force and effect as if the manually signed counterpart had been delivered to the other party in person. Following execution of this Agreement by the authorized representative(s) of the Developer and prompt delivery of such originals, thereafter, to the City, accomp anied by an official action of the governing body of the Developer authorizing the individuals executing this Agreement on behalf of the Developer to execute and perform this Agreement, in form and substance acceptable to the City, this Agreement shall be subject to the review and approval by the City Council, in their sole and absolute discretion, no later than forty-five (45) calendar days after such date of delivery to the City. If the City have not approved, executed, and delivered an original of this Agreement to the Developer within the foregoing time period, then no provision of this Agreement shall be of any force or effect for any purpose.
8.13 Survival of Indemnity Obligations . All general and specific indemnity and defense obligations of the Parties set forth in this Agreement shall survive the expiration or termination of this Agreement, the execution or recordation of the Grant Deed, and/or the issuance and recordation of any Certificate of Completion.
8.14 Implementation of Agreement. The City shall implement this Agreement through its City Manager (or his or her duly authorized representative). The City Manager shall have the authority to issue interpretations, waive provisions, and/or enter into amendments to this Agreement on behalf of the City so long as such actions do not materially or substantially change the uses or concept of the Project. All other materials and/or substantive interpretations, waivers, or amendments shall require consideration, action and written consent of the City and/or City Council.
8.15 Time Declared to be of the Essence. As to the performance of any obligation hereunder as to which time is a component thereof, the performance of such obligation within the time provided is of the essence.
[Signatures on Following Pages]
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SIGNATURE PAGE
TO
AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT
(SPORTS EMPIRE HOTEL)
CITY:
THE CITY OF ONTARIO,
a California municipal corporation
Dated:_________________, 2026 By:
Scott Ochoa
City Manager
ATTEST:
____________________________
City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
By: _______________________
Ruben Duran
City Attorney
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SIGNATURE PAGE
TO
AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT
(SPORTS EMPIRE HOTEL)
DEVELOPER:
ONTARIO RANCH HOTELS LLC,
a California limited liability company
Dated:_____________________ By:
NAME
TITLE
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EXHIBIT A
EXHIBIT A
TO
AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT
(SPORTS EMPIRE HOTEL)
LEGAL DESCRIPTION AND PLAT MAP OF THE PROPERTY CONVEYED TO
DEVELOPER
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EXHIBIT A
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EXHIBIT A
EXHIBIT A-1
LEGAL DESCRIPTION AND PLAT MAP OF PROPERTY CONVEYED TO CITY
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT B
EXHIBIT B
TO
AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT
(SPORTS EMPIRE HOTEL)
Scope of Development
The Development will result in the construction of a luxury 5 -star hotel featuring 227 guest rooms ("keys") within a four-story building designed to deliver an upscale hospitality experience. Key components of the project include a restaurant and bar, frozen yogurt shop, and conference room/ballroom, as well as rooftop lounge amenities.
The Developer will also be require d to build all associated on -site and off -site improvements, including but not limited to all hardscape and landscaping. 1492
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EXHIBIT C
EXHIBIT C
TO
AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT
(SPORTS EMPIRE HOTEL)
Schedule of Performance
Action Date Action to be
Completed By
1. Effective Date See Section 1.3
2. Reserved
3. Reserved
4. Reserved
5. Reserved
6. Reserved
7. Reserved
8. Reserved
9. Reserved
15. Reserved
16. Developer to commence construction of the Project; Developer to transmit Project Commencement Notice to City
No later than 10
days after the close
of escrow
17. Developer to complete construction and installation of the Project (issuance of certificate of occupancy for the entire Project by the City)
No later than 24
months from the
Close of Escrow or
may be extended in
writing by ninety
(90) days and
executed by the
Parties.
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EXHIBIT D
TO AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT
(SPORTS EMPIRE HOTEL)
Reserved.
n
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EXHIBIT E
TO
AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT
(SPORTS EMPIRE HOTEL)
Form of Notice of Agreement
[Attached Behind This Page]
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EXHIBIT E
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
The City of Ontario
303 East B Street
Ontario, California 91764
Attn: City Manager
Exempt from Recording fee
pursuant to Gov’t Code § 27383
NOTICE OF AGREEMENT
Amended and Restated
Disposition and Development Agreement
(SPORTS EMPIRE HOTEL)
TO ALL INTERESTED PERSONS PLEASE TAKE NOTICE that Ontario Ranch Hotels LLC, a California limited liability company (the “Developer”), and the City of Ontario , a California municipal corporation (the “City”), entered into an agreement entitled Amended and Restated Disposition and Development Agreement ( _____________), dated as of ______, 2026(the “Agreement”). A copy of the Agreement is on file with the City and is available for inspection and copying by interested persons as a public record of the City at the City ’s offices located at 303 East B Street, Ontario, California 90164, during the City’s regular business hours.
The Agreement affects the real pr operty described in Exhibit A attached to this Notice of Agreement (the “Property”). The meaning of defined terms, indicated by initial capitalization, used in this Notice of Agreement shall be the same as the meaning ascribed to such terms in the Agreement.
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EXHIBIT E
This NOTICE OF AGREEMENT is dated as of _________________, 2026, and has been executed on behalf of the Developer and the City by and through the signatures of their authorized representative(s) set forth below. This Notice of Agreement may be executed in counterparts and when fully executed each counterpart shall be deemed to be one original instrument.
CITY:
CITY OF ONTARIO,
a California municipal corporation
Dated: _________________, 2026 By: _______________________________ Scott Ochoa
City Manager
ATTEST:
____________________________
City Clerk
APPROVED AS TO LEGAL FORM:
Best Best & Krieger LLP
By: _______________________
Ruben Duran
City Attorney
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EXHIBIT E
DEVELOPER:
ONTARIO RANCH HOTELS LLC,
a California limited liability company
Dated: _____________________ By: _________________________ Name:
Title:
[ALL SIGNATURES MUST BE NOTARY ACKNOWLEDGED]
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EXHIBIT E
EXHIBIT A
TO
NOTICE OF AGREEMENT
Legal Description of Property
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EXHIBIT F
EXHIBIT F
TO
AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT
(SPORTS EMPIRE HOTEL)
Form of Official Action of Developer
CERTIFICATION OF LLC AUTHORITY
The undersigned members of Ontario Ranch Hotels LLC , a California limited liability company (the “LLC”), do certify that we are all of the members of the LLC and that there are no other members.
We further certify that any one (1) of the following named persons, individually:
Gurvinder Singh
Karamvir Gakhal
be, and they are, authorized and empowered for and on behalf of and in the name of the LLC to execute and deliver that certain Amended and Restated Disposition and Development Agreement (Sports Empire Hotel), dated ______, 2026, between The City of Ontario, a California municipal corporation, (“City”) and the LLC (the “Agreement”), to purchase certain real property located in the City of Ontario, California, as specifically described in the Agreement, and all other documents to be executed by the L LC in connection with the transactions contemplated in the Agreement, and to take all actions that may be considered necessary to conclude the transactions contemplated in the Agreement and perform the other obligations of the LLC pursuant to the Agreement.
The authority conferred shall be considered retroactive, and any and all acts authorized in this document that were performed before the execution of this Certificate are approved and ratified. The authority conferred shall continue in full force and eff ect until the City shall have received notice in writing from the LLC of the revocation of this Certificate.
We further certify that the activities covered by the foregoing certifications constitute duly authorized activities of the LLC; that these certifications are now in full force and effect; and that there is no provision in any document under which the LLC is organized and/or that governs the LLC’s continued existence, limiting the power of the undersigned to make the certifications set forth in this certificate, and that such certifications are in conformity with the provisions of all such documents.
LLC Members:
____________________________
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EXHIBIT F
____________________________
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EXHIBIT G
EXHIBIT G
TO
AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT
(SPORTS EMPIRE HOTEL)
Form of Certificate of Completion
[Attached Behind This Page]
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Ontario
303 East B Street
Ontario, California 91764
Attn: City Manager
Exempt from Recording fee
pursuant to Gov’t Code § 27383
CERTIFICATE OF COMPLETION
(SPORTS EMPIRE HOTEL)
I, Scott Ochoa, City Manager of the City of Ontario (the “City”) certify that:
Section 1. The Project described as [______________________] required to be constructed in accordance with that certain Amended and Restated Disposition and Development Agreement (Sports Empire Hotel), dated _______, 2026 (“DDA”), between the City and Ontario Ranch Hotels LLC, a California limited liability company (the “Developer”), on that certain real property specifically described in the legal description(s) attached to this Certificate of Completion as Exhibit A (the “Property”), is complete in accordance with the provisions of the Agreement.
This Certificate of Completion constitutes conclusive evidence of the City’s determination of the Developer’s satisfaction of its obligation under the Agreement to construct and install the Project on the Property, includin g any and all buildings, parking areas, landscaping areas and related improvements necessary to support or meet any requirements applicable to the Project and its use and occupancy on the Project, whether or not such improvements are located on or off the Property or on other property subject to the Agreement. Notwithstanding any provision of this Certificate of Completion, the City may enforce any covenant surviving this Certificate of Completion in accordance with the terms and conditions of the Agreement and the Grant Deed by which the Property was conveyed to the Developer by the City under the Agreement. The Agreement is an official record of the City and a copy of the Agreement may be inspected at the City’s office located at 303 East B Street, Ontar io, California 91764 , during the City’s regular business hours.
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DATED AND ISSUED this _____ day of ______________, 2026.
THE CITY OF ONTARIO
a California municipal corporation
By: ___________________________
Scott Ochoa
City Manager
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EXHIBIT A
TO
CERTIFICATE OF COMPLETION
Legal Description of the Property
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN BERNARDINO )
On ________________, before me, , Notary Public, personally appeared , personally known to me 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.
WITNESS my hand and official seal.
_____________________________
Notary Public
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Department: Economic Development
Prepared By: Karla Tavera
Department:
Prepared By: Karla Tavera
Staff Member Presenting: Jennifer McLain
Hiramoto, Economic Development Director
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 23
SUBJECT:
A RESOLUTION FINDING THE ONTARIO AIRPORT HOTEL AND CONFERENCE
CENTER PROJECT SERVES THE PUBLIC INTEREST AND MAKING RELATED CEQA
FINDINGS
CITY OF ONTARIO
Agenda Report
January 20, 2026
SECTION:
ADMINISTRATIVE
REPORTS/DISCUSSION/ACTION
RECOMMENDATION:
That the City Council adopt a Resolution finding the redevelopment, improvement and continued operation of the Ontario Airport Hotel & Conference center, located at 700 North Haven Avenue, Ontario, San Bernardino county, California 91764 by Core Hotel Venture, LLC, National Community Renaissance of California (“national core”) and/or an affiliate of National Core will lessen the City’s burdens, will further the goals and purposes of the City, and is in the common interest of the City and its residents); making certain CEQA findings in connection therewith.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:
No direct fiscal impact is associated with this action.
BACKGROUND & ANALYSIS:
The Ontario Airport Hotel and Conference Center, located at 700 North Haven Avenue, Ontario, CA 91764 owned by CORE Hotel Venture, LLC - an affiliate of National Community Renaissance of California (NCRC), a 501(c)(3) nonprofit public benefit corporation - is proposing a comprehensive renovation of the property. NCRC is seeking tax-exempt financing for the project, which requires the City Council to make specific findings that the project will further a public purpose by lessening the burdens of local government.
On January 20, 2026, during a Public Hearing, the Council was asked to adopt the resolution supporting the project. This separate resolution specifies commitments of how the renovated hotel will serve the City, its residents and visitors upon project completion.
These commitments include discounted hotel accommodations for residents displaced by 1507
emergencies or natural disasters, no-cost meeting and event space for City-sponsored community events, and preferential room rates and event pricing for City functions, including anticipated needs associated with the 2028 Paralympic Games. This resolution also establishes and formalizes a commitment to ongoing coordination and a reporting structure between NCRC and the City to ensure these public benefits are delivered as intended.
These commitments demonstrate how the project will provide tangible, measurable benefits that directly reduce City operational and financial burdens, thereby supporting the required public- purpose findings associated with the tax-exempt financing. Council adoption of this resolution acknowledges and memorializes these benefits as part of the City’s broader economic development and community-serving objectives.
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RESOLUTION NO. 2026-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,
CALIFORNIA, FINDING THE REDEVELOPMENT, IMPROVEMENT AND
CONTINUED OPERATION OF THE ONTARIO AIRPORT HOTEL &
CONFERENCE CENTER, LOCATED AT 700 NORTH HAVEN AVENUE,
ONTARIO, SAN BERNARDINO COUNTY , CALIFORNIA 91764 BY CORE
HOTEL VENTURE, LLC, NATIONAL COMMUNITY RENAISSANCE OF
CALIFORNIA (“NATIONAL CORE”) AND/OR AN AFFILIATE OF NATIONAL CORE WILL LESSEN THE CITY ’S BURDENS, WILL FURTHER THE
GOALS AND PURPOSES OF THE CITY , AND IS IN THE COMMON
INTEREST OF THE CITY AND ITS RESIDENTS ); MAKING CERTAIN CEQA FINDINGS IN CONNECTION THEREWITH.
WHEREAS, the City of Ontario (“City”) has determined that the development and expansion of commerce, promotion of economic development and tourism, ensuring the health, safety and economic welfare of the City ’s residents, promoting arts and cultural events, and promoting the diversification of the City ’s economy is paramount to the continued economic development of the City and its residents; and WHEREAS, the City has a burden to further and promote economic development within the City, and is currently undertaking a variety of projects in furtherance of this burden, including, but not limited to,
(i) Expanding the City’s Toyota Entertainment District to include an additional 70,000+ square feet of commercial and retail space and a 60,000 -square- foot performing arts center, with significant public infrastructure improvements (the “Entertainment District”); and
(ii) Developing a new 6,500 capacity Minor League Baseball stadium and Community Sports Complex (the “Sports Complex ”) that is expected to attract over 1.2 million visitors annually; and
(iii) Expanding the City’s Convention Center to include a n additional 247,000+ square feet of space (the “Convention Center”); and
WHEREAS, the City has a burden to:
(i) Provide safe and convenient lodging for visitors to the Entertainment District, Sports Complex, and Convention Center; and
(ii) Promote tourism to the City; and
(iii) Provide workforce development and vocational training to its residents; and (iv) Promote engagement with the arts and other cultural events; and (v) Promote the safety and maintenance of aging commercial properties within the City; and
(vi) Provide general ser vices to ensure the health, safety, and welfare of its residents, including during times of natural disaster; and 1509
WHEREAS, the City is in need of adequate space for smaller events and conventions that may not be appropriate for the Convention Center; and WHEREAS, the City is required, from time to time, to provide short -term lodging for residents that may be displaced as a result of natural disasters and other similar emergencies; and
WHEREAS, the City is required, from time to time, to provide lodging and host trainings and seminars for its employees and other government officials; and WHEREAS, the City desires to increase the City ’s participation in the 2028 Summer Olympics and to recruit the 2028 Paralympics to the City; and WHEREAS, the presence and oper ation of a hotel conveniently located near the Ontario International Airport, the Entertainment District, Sports Complex, and Convention Center would facilitate economic development, tourism, workforce development, and engagement with the arts and cultural events; and
WHEREAS, the City could legally redevelop and operate such a hotel but lacks the current capacity to do so; and
WHEREAS, the Ontario Airport Hotel & Conference Center, located at 700 North Haven Avenue, Ontario, San Bernardino County, Californ ia 91764 (the “Hotel” or the “Property”) is currently owned by Core Hotel Venture, LLC, a wholly owned subsidiary of National Community Renaissance of California, Inc., a 501(c)(3) organization (“National CORE”); and
WHEREAS, National CORE is seeking to redevelop the Hotel in a manner that will lessen the City’s burdens; and
WHEREAS, the redevelopment of the Hotel is in the best interest of the City and the health, safety and welfare of the City’s taxpayers and residents and is in accordance with the public purposes set forth in applicable law; and WHEREAS, the redevelopment of the Hotel will further the goals and objectives of the City's general plan by: (i) strengthening the City's land use and social structure, (ii) alleviating economic and physical bli ght on the Property and in the surrounding community, (iii) generating property tax revenue, (iv) producing new jobs, (v) stimulating economic vitality and development, (vi) encouraging additional investment within the Ontario community; (v ii) providing safe and convenient lodging for visitors to the Entertainment District, Sports Complex, and Convention Center, (vi ii) promoting tourism to the City, aiding in the attraction of the 2028 Summer Paralympics, and providing related economic development and add itional jobs for City residents, ( ix) providing workforce development and vocational training to City residents through National CORE ’s partnership with CORE Academy, particularly in the hospitality industry, (x) promoting the economic welfare of the City ’s residents through job training and new hospitality and management positions, resulting in a higher standard of living, higher rate of employment, and increased economic activity and economic stability for the City ’s residents; ( xi) 1510
attracting, securing and maintaining private commercial and industrial enterprises in the City through providing improved accommodations and meeting spaces for business travelers; (xii) attracting new conventions and business meetings and events to the City, complemented by Nat ional CORE negotiating favorable rooms and rates with the City, (xiii) enhancing and increasing revenues to the City to defray expenses, pay any City debt, and maintain the availability of other City funds to support necessary infrastructure improvements, further development of other City projects (including the Entertainment District, Sports Complex, and the Convention Center), and pay for other vital governmental services; (xii) promoting the increased use of the Ontario Airport by offering convenient and updated accommodations uniquely positioned to service Airport visitors, (xiv) hosting and sponsoring arts, cultural, charitable, and other community-related events and programs, in addition to renting convention and meeting facilities to the City at cost; (xv) cooperating with the City during emergencies and natural disasters to provide discounted rooms and/or meeting facilities for first responders, evacuees, etc.; and (xv i) providing general services to ensure the health, safety, and welfare of its resid ents, including during times of natural disaster.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF ONTARIO DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS:
SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
SECTION 2. City Burdens . The City has the burden to further and promote economic development within the City, to provide safe and convenient lodging for visitors to the Entertainment District, Sports Complex, and Convention Center, to promote tourism to the City, to provide workforce development and vocational training to its residents, to promote engagement with the arts and other cultural events, to promote the safety and maintenance of aging commercial properties within th e City; and to provide general services to ensure the health, safety, and welfare of its residents, including during times of natural disaster (collectively, the “City’s Burdens”).
SECTION 3. Findings. The City Council finds that the redevelopment, improvement and continued operation of the Hotel by Core Hotel Venture, LLC, National CORE and/or an affiliate of National CORE will lessen the City’s Burdens, will further the goals and purposes of the City, and is in the common interest of the City and its residents.
More specifically, the redevelopment, improvement and continued operation of the Hotel will lessen the City’s Burdens by: (i) strengthening the City's land use and social structure, (ii) alleviating economic and physical blight on the Property and i n the surrounding community, (iii) generating property tax revenue, (iv) producing new jobs, (v) stimulating economic vitality and development, (vi) encouraging additional investment within the Ontario community; (v ii) providing safe and convenient lodging for visitors to the Entertainment District, Sports Complex, and Convention Center, (vi ii) promoting tourism to the City, aiding in the attraction of the 2028 Summer Paralympics, and thereby generating related economic development and additional jobs for C ity residents, ( ix) providing workforce development and vocational training to City residents through National CORE’s partnership with CORE Academy, particularly in the hospitality industry, (x) promoting the economic welfare of the City ’s residents through job training and new 1511
hospitality and management positions, resulting in a higher standard of living, higher rate of employment, and increased economic activity and economic stability for the City ’s residents; ( xi) attracting, securing and maintaining pri vate commercial and industrial enterprises in the City through providing improved accommodations and meeting spaces for business travelers; (xii) attracting new conventions and business meetings and events to the City, complemented by National CORE negotiating favorable rooms and rates with the City, (xiii) enhancing and increasing revenues to the City to defray expenses, pay any City debt, and maintain the availability of other City funds to support necessary infrastructure improvements, further developme nt of other City projects (including the Entertainment District, Sports Complex, and the Convention Center), and pay for other vital governmental services; (xi v) promoting the increased use of the Ontario Airport by offering convenient and updated accommodations uniquely positioned to service Airport visitors, (x v) hosting and sponsoring arts, cultural, charitable, and other community - related events and programs, in addition to renting convention and meeting facilities to the City at cost; (xvi) cooperating with the City during emergencies and natural disasters to provide discounted rooms and/or meeting facilities for first responders, evacuees, etc.; and (xv ii) providing general services to ensure the health, safety, and welfare of its residents, including during times of natural disaster.
SECTION 4. Support of Hotel Redevelopment . The City Council hereby approves the City ’s support of the Hotel redevelopment and improvement project as a result of the project’s lessening of the City’s Burdens.
SECTION 5. CEQA. The environmental impacts of this project were reviewed in conjunction with an Addendum to the Ontario Center Specific Plan Environmental Impact Report ( State Clearinghouse No. 89041009), certified by the Ontario City Council on March 19, 1991, in con junction with File No. 4059 - SPA. This application introduces no new significant environmental impacts. The City's "Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed. All previously adopted mitigation measures shall be a condition of project approval.
SECTION 6. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City declares that the City would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
SECTION 7. Effective Date . This Resolution shall become effective immediately upon its adoption.
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this ___ day of ______ 2026.
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_____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2026- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held _______________ by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2026- duly passed and adopted by the Ontario City Council at their regular meeting held January 20, 2026.
_____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
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