Agenda packet, joint meeting, second session — Santa Clarita City Council, September 22, 2026

CITY OF SANTA CLARITA

CITY COUNCIL

REGULAR MEETING

Tuesday, September 22, 2026
6:00 PM
City Council Chambers
23920 Valencia Blvd.

Santa Clarita, CA 91355

AGENDA

Joint Meeting with
Board of Library Trustees

How to Address the City Council
Pursuant to Government Code section 54954.3 members of the public are afforded the opportunities to address the City Council. You may address the Council once per meeting during Public Participation on any matter within the Council's jurisdiction that is not listed on the agenda. Public Participation speaker's cards must be submitted to the City Clerk BEFORE this portion of the meeting begins. To address the Council regarding an item on the agenda, please fill out a speaker's card and submit it to the City Clerk BEFORE the Mayor announces the item.

Each person addressing the Council is given three minutes to speak (with double the time allotted to non-English speakers using a translator) indicated by a colored light system on the Council dais. If you wish to provide information to the Council, please present the City Clerk with 10 copies. Otherwise, your materials will simply be added to the official record. Please note use of City Council Chamber technology equipment to present electronic material during meetings is not allowed.
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To access the meeting remotely use this URL: https://santaclarita.zoomgov.com/j/1610783536.

To request to speak, on an item or public participation when it is called by the City Clerk, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254 5252 (English) or +1 415 449 4000 (Spanish). To provide public comment, Press *9 and wait to be recognized by the City Clerk. Webinar ID: 161 078 3536 | Passcode: 526177

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, (661) 255-4391. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28CFR 35.102-35.104 ADA Title II)

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Pursuant to Government Code 54957.5 any writings or documents distributed to a majority of the members of the City Council regarding any open session item on this agenda will be made available for public inspection in the City Clerk’s Office located at 23920 Valencia Boulevard, Suite 120, during normal business hours. View public meeting agendas here, inclusive of all attachments and reading file material.
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INVOCATION
Gibbs

CALL TO ORDER

ROLL CALL

FLAG SALUTE

EXECUTIVE MEETING
This time has been set aside for Councilmembers to review the agenda and obtain any further information that may be needed. Council will also discuss each individual item during the course of the meeting with the exception of the Consent Calendar, which may be approved in its entirety by one motion, unless there is a request to pull an item for discussion. No action will be taken on public agenda items during the Executive Meeting.

AWARDS AND RECOGNITIONS
Santa Clarita Figure Skaters Recognition
150th Anniversary - Lang Station
Direct Support Professionals Week Proclamation
Suicide Prevention Month Proclamation

PUBLIC PARTICIPATION
This time has been set aside for the public to address the City Council on items NOT listed on the agenda. The City Council will not act upon these items at this meeting other than to review and/or provide direction to staff. All speakers must submit a speaker’s card to the City Clerk PRIOR to the beginning of this portion of the meeting. The FIRST TEN people to submit a speaker card prior to the beginning of Public Participation will be heard.

STAFF COMMENTS

COMMITTEE REPORTS/COUNCILMEMBER COMMENTS

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NEW BUSINESS

1. ACQUISITION OF THE SANTA CLARITA ELEMENTARY SCHOOL SITE, 27177 SECO CANYON ROAD - City Council consider approval of a Purchase and Sale Agreement with the Saugus Union School District to acquire the former Santa Clarita Elementary School site.

RECOMMENDED ACTION:

City Council:

1. Approve a Purchase and Sale Agreement with the Saugus Union School District to acquire the former Santa Clarita Elementary School site, comprising of 9+/- acres of real property located in Saugus, Assessor Parcel Number 2810-032-902, at a cost of $13,000,000 and approve $8,000 for escrow and due diligence fees.

2. Appropriate one-time funds in the amount of $13,008,000 from the Facilities Fund (Fund 723) to Property Acquisition Expenditure Account (7239008-520104).

3. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney review.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one motion by the City Council. The items are not individually discussed by the City Council unless a request is made by a member of the public or the Council, in which case, the item(s) will be removed from the Consent Calendar and will be considered separately.

2. APPROVAL OF SPECIAL MEETING MINUTES – The minutes of the City Council are submitted for approval.

RECOMMENDED ACTION:

City Council approve the minutes of the September 8, 2026 Special Meeting.

3. APPROVAL OF REGULAR MEETING MINUTES – The minutes of the City Council are submitted for approval.

RECOMMENDED ACTION:

City Council approve the minutes of the September 8, 2026 Regular Meeting.

4. CHECK REGISTER NO. 19 - Check Register No. 19 for Period 08/07/26 through 08/20/26 and 08/27/26. Electronic Funds Transfers for the Period 08/10/26 through 08/21/26.

RECOMMENDED ACTION:

City Council approve and ratify for payment the demands presented in Check Register No. 19.

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5. GENERAL PLAN UPDATE CONTRACT - City Council to consider awarding a contract to Michael Baker International to update elements of the City’s General Plan for a total contract amount not to exceed $363,000.

RECOMMENDED ACTION:

City Council:

1. Award a two-year contract to Michael Baker International to update elements of the City’s General Plan in the amount of $348,000 and authorize a contingency in the amount of $15,000, for a total contract amount not to exceed $363,000.

2. Authorize the City Manager or designee to execute all contract and associated documents, subject to City Attorney review.

6. FINAL TRACT MAP FOR TRACT NO. 83605 (RIVERVIEW) - Pursuant to Section 66474.1 of the Subdivision Map Act, City Council consider approving Final Tract No. 83605 (Riverview).

RECOMMENDED ACTION:

City Council:

1. Approve Final Tract Map for Tract No. 83605.

2. Accept the following on behalf of the public the offer of dedication and grant of: (1) the easements for public use and road purposes; (2) the easements for sanitary sewer and sanitary sewer ingress and egress purposes; (3) all sanitary sewers and appurtenant structures; (4) the easements for covered storm drain appurtenant structures and ingress and egress purposes; (5) the easement for flood control purposes; (6) the easement for public use and sidewalk purposes; (7) the easement for sight distance purposes; and (8) the right to restrict or prohibit the erection or construction of any buildings or structures within the restricted use areas.

3. Make findings as follows: This project is consistent with the provisions of Sections 66474 and 66474.1 of the Subdivision Map Act and should be approved.

4. Instruct the Director of Administrative Services to endorse the Special Assessment Statement on the face of Tract Map for Final Tract No. 83605, which indicates all special assessments levied by the City of Santa Clarita are paid.

5. Instruct the City Clerk to endorse the City Clerk’s Statement on the face of Final Tract Map for Tract No. 83605, which embodies the approval of said map.

6. Instruct the City Surveyor to endorse the City Surveyor’s Statement on the face of Final Tract Map for Tract No. 83605, which provides for verification that the map is technically correct.

7. Instruct the City Engineer to endorse the City Engineer’s Statement on the face of

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Final Tract Map for Tract No. 83605, which provides for verification of substantial conformance with the Tentative Parcel Map and all provisions of local ordinances and state laws applicable at the time of approval.

7. PURCHASE OF POOL PUMPS, MOTORS, AND MANWAY COVERS FOR THE

SANTA CLARITA AQUATICS CENTER POOL PUMP REPLACEMENT,
PROJECT M3046 - This item considers approving the purchase of seven pool circulation pumps and motors and 12 manway covers to replace existing equipment at the Santa Clarita Aquatics Center.

RECOMMENDED ACTION:

City Council:

1. Approve the purchase of seven pool pumps and motors and 12 manway covers from Estate Design and Construction for a total contract amount not to exceed $158,700.

2. Find the Santa Clarita Aquatics Center Pool Pump Replacement project exempt from review under the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Article 19, Section 15301.

3. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney review.

8. VETERANS HISTORICAL PLAZA STORY STATION - A request to add a Story Station to the Veterans Historical Plaza to honor the Global War on Terror.

RECOMMENDED ACTION:

City Council approve the Global War on Terror plaque to complete the existing Story Station at Veterans Historical Plaza.

9. TEMPORARY HYDROGEN REFUELING SERVICES CONTRACT - City Council consideration to award a contract to ZeroUp Energy, Inc., for the rental of temporary hydrogen refueling equipment and the delivery of hydrogen for the fueling of buses.

RECOMMENDED ACTION:

City Council:

1. Award a four-month contract with five one-month extensions to ZeroUp Energy, Inc., for the rental of temporary hydrogen refueling equipment and the delivery of hydrogen, in an amount not to exceed $1,726,000.

2. Appropriate one-time Federal 5307 grant funds in the amount of $407,500 to Transit Capital Outlay, Contractual Services Expenditure Account (7003702-516101), and increase Miscellaneous Federal Grants Revenue Account (700-442409) by $407,500, for the rental of temporary hydrogen fueling equipment.

3. Authorize the City Manager or designee to execute the five, one-month contract extensions, not to exceed the annual contract amount.

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4. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney review.

10. OPERATING AGREEMENT FOR THE CUBE ICE AND ENTERTAINMENT CENTER - City Council consideration to authorize an agreement with JV Ice at the Cube, LLC for operations and management of The Cube Ice and Entertainment Center.

RECOMMENDED ACTION:

City Council:

1. Authorize the City Manager to execute the Amended and Restated Agreement with JV Ice at the Cube, LLC (JVI) for the operation and management of The Cube Ice and Entertainment Center, in a form approved by the City Attorney and substantially similar to the attached draft agreement, for a five-year term for a management fee not to exceed $1,207,337 and a potential incentive fee (if earned) based upon the formula set forth in the Agreement.

2. Authorize the City Manager to execute any amendment to the Agreement, in a form approved by the City Attorney, during the five-year term, including without limitation modifying the award over the course of the contract term based on revenue actuals.

3. Increase recreational facility revenue accounts by $102,370 for FY26-27, $132,090 for FY27-28, $136,020 for FY28-29, $140,100 for FY29-30 and $144,310 for FY30- 31, and appropriate across recreational facility expenditure accounts per the attached Attachment A $197,684 for FY26-27, $67,519 for FY27-28, $69,293 for FY28-29, $71,090 for FY29-30 and $72,978 for FY30-31.

4. Authorize the City Manager or designee to execute up to two additional five-year renewal options, contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year.

PUBLIC PARTICIPATION
This time has been set aside for any speakers that have turned in speaker cards and were not heard in the public participation portion allotted to address the City Council on items that are NOT on the agenda. Speaker cards may not be submitted relating to any items listed on the agenda.

STAFF COMMENTS

ADJOURNMENT
In memory of Don Fleming

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FUTURE MEETINGS
The next regular meeting of the City Council will be held October 13, 2026, at 6:00 PM in the Council Chambers, 1st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA.

CERTIFICATION
On September 17, 2026, I, Melody Bartlette, do hereby certify that I am the duly appointed and qualified City Clerk for the City of Santa Clarita and that the foregoing agenda was posted at City Hall.

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Melody Bartlette
City Clerk
Santa Clarita, California

CIUDAD DE SANTA CLARITA

AYUNTAMIENTO
REUNIÓN ORDINARIA

Martes, 22 de septiembre de 2026
18:00
Salón de plenos del Ayuntamiento
23920 Valencia Blvd.

Santa Clarita, CA 91355

ORDEN DEL DÍA

Reunión conjunta con
Junta Directiva de la Biblioteca

Cómo dirigirse al Ayuntamiento
De conformidad con la sección 54954.3 del Código de Gobierno, se brinda al público la oportunidad de dirigirse al Concejo Municipal. Usted puede dirigirse al Concejo una vez por sesión durante el segmento de Participación Pública para tratar cualquier asunto de competencia del Concejo que no figure en el orden del día. Las tarjetas de orador para la Participación Pública deben entregarse al Secretario Municipal ANTES de que comience esta parte de la sesión. Para dirigirse al Concejo sobre un punto del orden del día, por favor complete una tarjeta de orador y entréguela al Secretario Municipal ANTES de que el Alcalde anuncie dicho punto. Cada persona que se dirija al Concejo dispone de tres minutos para hablar (se concede el doble de tiempo a quienes no hablen inglés y utilicen un intérprete); el tiempo se indica mediante un sistema de luces de colores en la tribuna del Concejo. Si desea proporcionar información al Concejo, por favor entregue 10 copias al Secretario Municipal; de lo contrario, sus materiales simplemente se incorporarán al registro oficial. Tenga en cuenta que no está permitido utilizar el equipo tecnológico de la sala de sesiones del Concejo Municipal para presentar material electrónico durante las reuniones.

Para acceder a la reunión de forma remota, utilice esta URL:
https://santaclarita.zoomgov.com/j/1610783536
. Para solicitar hablar sobre un tema o para
participar cuando el Secretario Municipal lo solicite, utilice la función "levantar la mano" en Zoom. Para unirse por teléfono: marque 1-669-254 5252 (inglés) o +1 415 449 4000 (español) .

Para hacer un comentario público, presione *9 y espere a que el Secretario Municipal le dé la palabra. ID del seminario web: 161 078 3536 | Código de acceso: 526177

En cumplimiento de la Ley para Estadounidenses con Discapacidades (ADA), si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario Municipal al (661) 255-4391. Notificar con 48 horas de anticipación permitirá a la Ciudad tomar Página 2
las medidas necesarias para garantizar la accesibilidad a la reunión. (28 CFR 35.102-35.104 ADA Título II)

De conformidad con el Código Gubernamental 54957.5, cualquier escrito o documento distribuido a la mayoría de los miembros del Concejo Municipal con respecto a cualquier punto de la sesión pública en esta agenda estará disponible para inspección pública en la Oficina del Secretario Municipal, ubicada en 23920 Valencia Boulevard, Suite 120, durante el horario comercial habitual. Consulte las agendas de las reuniones públicas aquí , incluyendo todos los
anexos y el material de lectura.
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INVOCACIÓN
Gibbs

LLAMAR AL ORDEN

LISTA DE ASISTENCIA

SALUDO A LA BANDERA
REUNIÓN EJECUTIV A
Se ha reservado este tiempo para que los concejales revisen el orden del día y obtengan la información adicional que necesiten. El Consejo también debatirá cada punto individualmente durante la reunión, con excepción del Calendario de Consentimiento, que podrá aprobarse en su totalidad mediante una sola moción, a menos que se solicite retirar algún punto para su debate.

No se tomará ninguna decisión sobre los puntos del orden del día público durante la Sesión Ejecutiva.

PREMIOS Y RECONOCIMIENTOS
Reconocimiento a los patinadores artísticos de Santa Clarita 150º Aniversario - Estación Lang
Proclamación de la Semana de los Profesionales de Apoyo Directo Proclamación del Mes de la Prevención del Suicidio

PARTICIPACIÓN PÚBLICA
Este espacio se ha reservado para que el público se dirija al Ayuntamiento sobre asuntos que NO figuran en el orden del día. El Ayuntamiento no tomará ninguna decisión sobre estos asuntos en esta reunión, salvo revisarlos o dar instrucciones al personal. Todos los oradores deben entregar una tarjeta de orador al Secretario Municipal ANTES del inicio de esta parte de la reunión. Se escuchará a las DIEZ PRIMERAS personas que entreguen su tarjeta de orador antes del inicio del turno de participación ciudadana.

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COMENTARIOS DEL PERSONAL
INFORMES DE LOS COMITÉS/COMENTARIOS DE LOS CONCEJALES

NUEVOS NEGOCIOS

1. ADQUISICIÓN DEL TERRENO DE LA ESCUELA PRIMARIA SANTA CLARITA, 27177 SECO CANYON ROAD - El Ayuntamiento considera la aprobación de un Acuerdo de Compraventa con el Distrito Escolar Saugus Union para adquirir el antiguo terreno de la Escuela Primaria Santa Clarita.

ACCIÓN RECOMENDADA:

Ayuntamiento:

1. Aprobar un Acuerdo de Compraventa con el Distrito Escolar Unificado de Saugus para adquirir el antiguo terreno de la Escuela Primaria Santa Clarita, que comprende aproximadamente 9 acres de propiedad inmobiliaria ubicada en Saugus, número de parcela catastral 2810-032-902, a un costo de $13,000,000 y aprobar $8,000 para gastos de depósito en garantía y diligencia debida.

2. Asignar fondos únicos por un monto de $13,008,000 del Fondo de Instalaciones (Fondo 723) a la Cuenta de Gastos de Adquisición de Propiedades (7239008- 520104).

3. Autorizar al administrador municipal o a la persona que este designe para que firme todos los contratos y documentos asociados, sujetos a la revisión del abogado municipal.

CALENDARIO DE CONSENTIMIENTO
Todos los asuntos incluidos en el Calendario de Consentimiento se consideran rutinarios y se aprobarán mediante una sola moción del Ayuntamiento. El Ayuntamiento no los debate individualmente a menos que un ciudadano o el propio Ayuntamiento lo solicite; en tal caso, el o los asuntos se retirarán del Calendario de Consentimiento y se tratarán por separado.

2. APROBACIÓN DE LAS ACTAS DE LA REUNIÓN EXTRAORDINARIA – Las actas del Ayuntamiento se presentan para su aprobación.

ACCIÓN RECOMENDADA:

El Ayuntamiento aprueba las actas de la Sesión Extraordinaria del 8 de septiembre de 2026.

3. APROBACIÓN DE LAS ACTAS DE LA REUNIÓN ORDINARIA – Las actas del Ayuntamiento se presentan para su aprobación.

ACCIÓN RECOMENDADA:

El Ayuntamiento aprueba las actas de la sesión ordinaria del 8 de septiembre de 2026.

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4. REGISTRO DE CHEQUES N.° 19 - Registro de cheques N.° 19 para el período del 08/07/26 al 08/20/26 y 08/27/26. Transferencias electrónicas de fondos para el período del 08/10/26 al 08/21/26.

ACCIÓN RECOMENDADA:

El Ayuntamiento aprueba y ratifica para su pago las solicitudes presentadas en el Registro de Cheques No. 19.

5. CONTRATO DE ACTUALIZACIÓN DEL PLAN GENERAL: El Ayuntamiento considerará la posibilidad de adjudicar un contrato a Michael Baker International para actualizar elementos del Plan General de la ciudad por un importe total que no exceda los 363.000 dólares.

ACCIÓN RECOMENDADA:

Ayuntamiento:

1. Adjudicar un contrato de dos años a Michael Baker International para actualizar elementos del Plan General de la Ciudad por un monto de $348,000 y autorizar una contingencia por un monto de $15,000, para un monto total del contrato que no exceda los $363,000.

2. Autorizar al administrador municipal o a la persona que este designe a firmar todos los contratos y documentos asociados, sujetos a la revisión del abogado municipal.

6. PLANO FINAL DE LA PARCELA N.° 83605 (RIVERVIEW) - De conformidad con la Sección 66474.1 de la Ley de Mapas de Subdivisión, el Ayuntamiento considera la aprobación de la Parcela Final N.° 83605 (Riverview).

ACCIÓN RECOMENDADA:

Ayuntamiento:

1. Aprobar el plano final del lote n.° 83605 .

2. Acepte lo siguiente en nombre del público la oferta de cesión y concesión de: (1) las servidumbres para uso público y fines viales; (2) las servidumbres para alcantarillado sanitario y fines de entrada y salida de alcantarillado sanitario; (3) todos los alcantarillados sanitarios y estructuras accesorias; (4) las servidumbres para drenaje pluvial cubierto estructuras accesorias y fines de entrada y salida; (5) la servidumbre para fines de control de inundaciones; (6) la servidumbre para uso público y fines de acera; (7) la servidumbre para fines de distancia de visibilidad; y (8) el derecho a restringir o prohibir la erección o construcción de cualquier edificio o estructura dentro de las áreas de uso restringido.

3. Hacer las conclusiones de la siguiente manera: Este proyecto es consistente con las disposiciones de las Secciones 66474 y 66474.1 de la Ley de Mapas de Subdivisión y debe ser aprobado.

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4. Instruir al Director de Servicios Administrativos para que avale la Declaración de Contribución Especial en el plano catastral del Lote Final No. 83605 , que indica que todas las contribuciones especiales impuestas por la Ciudad de Santa Clarita han sido pagadas.

5. Instruir al Secretario Municipal para que avale la Declaración del Secretario Municipal en el anverso del Mapa Definitivo del Lote No. 83605 , que incorpora la aprobación de dicho mapa.

6. Instruir al agrimensor municipal para que avale la Declaración del Agrimensor Municipal en el plano final del lote n.° 83605 , lo cual permite verificar que el plano es técnicamente correcto.

7. Instruir al Ingeniero Municipal para que avale la Declaración del Ingeniero Municipal en el plano final del lote n.° 83605 , que prevé la verificación de la conformidad sustancial con el plano preliminar de parcelas y todas las disposiciones de las ordenanzas locales y las leyes estatales aplicables en el momento de la aprobación.

7. COMPRA DE BOMBAS, MOTORES Y TAPAS DE REGISTRO PARA PISCINA PARA EL PROYECTO M3046 DEL CENTRO ACUÁTICO DE SANTA
CLARITA: SUSTITUCIÓN DE LAS BOMBAS DE PISCINA - Este punto considera la aprobación de la compra de siete bombas y motores de circulación para piscina y 12 tapas de registro para reemplazar el equipo existente en el Centro Acuático de Santa Clarita.

ACCIÓN RECOMENDADA:

Ayuntamiento:

1. Aprobar la compra de siete bombas y motores para piscinas y 12 tapas de acceso a Estate Design and Construction por un importe total del contrato que no exceda los 158.700 dólares.

2. El proyecto de reemplazo de la bomba de la piscina del Santa Clarita Aquatics Center está exento de revisión bajo la Ley de Calidad Ambiental de California (CEQA) de conformidad con el Título 14 del Código de Reglamentos de California, Artículo 19, Sección 15301.

3. Autorizar al Administrador Municipal o a la persona designada para ejecutar todos los contratos y documentos asociados , sujetos a la revisión del Abogado Municipal.

8. ESTACIÓN DE CUENTOS EN LA PLAZA HISTÓRICA DE LOS VETERANOS:

Se solicita la incorporación de una Estación de Cuentos en la Plaza Histórica de los Veteranos para honrar la Guerra Global contra el Terrorismo.

ACCIÓN RECOMENDADA:

El Ayuntamiento aprueba la placa conmemorativa de la Guerra Global contra el Terrorismo para completar la Estación de Historias existente en la Plaza Histórica de los Veteranos.

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9. CONTRATO DE SERVICIOS TEMPORALES DE REPOSTAJE DE
HIDRÓGENO - El Ayuntamiento está considerando adjudicar un contrato a ZeroUp Energy, Inc., para el alquiler de equipos temporales de repostaje de hidrógeno y el suministro de hidrógeno para el abastecimiento de autobuses.

ACCIÓN RECOMENDADA:

Ayuntamiento:

1. Adjudicar un contrato de cuatro meses, con cinco prórrogas de un mes cada una, a ZeroUp Energy, Inc., para el alquiler de equipos temporales de repostaje de hidrógeno y el suministro de hidrógeno, por un importe que no exceda los 1.726.000 dólares.

2. Asignar fondos de subvención federal 5307 por única vez por un monto de $407,500 a la cuenta de Gastos de Capital de Tránsito, Cuenta de Gastos de Servicios Contractuales (7003702-516101), e incrementar la Cuenta de Ingresos de Subvenciones Federales Misceláneas (700-442409) en $407,500, para el alquiler de equipos temporales de suministro de hidrógeno.

3. Autorizar al administrador municipal o a la persona designada para que formalice las cinco prórrogas de contrato de un mes, sin exceder el monto anual del contrato.

4. Autorizar al administrador municipal o a la persona que este designe para que firme todos los contratos y documentos asociados, sujetos a la revisión del abogado municipal.

10. ACUERDO DE OPERACIÓN PARA EL CENTRO DE HIELO Y
ENTRETENIMIENTO THE CUBE - Consideración del Ayuntamiento para autorizar un acuerdo con JV Ice at the Cube, LLC para la operación y gestión del Centro de Hielo y Entretenimiento The Cube.

ACCIÓN RECOMENDADA:

Ayuntamiento:

1. Autorizar al Administrador Municipal a ejecutar el Acuerdo Enmendado y Reformulado con JV Ice at the Cube, LLC (JVI) para la operación y administración del Centro de Entretenimiento y Hielo The Cube, en un formato aprobado por el Abogado Municipal y sustancialmente similar al borrador de acuerdo adjunto, por un plazo de cinco años a cambio de una tarifa de administración que no exceda los $1,207,337 y una posible tarifa de incentivo (si se obtiene) basada en la fórmula establecida en el Acuerdo.

2. Autorizar al Administrador Municipal a ejecutar cualquier enmienda al Acuerdo, en un formulario aprobado por el Abogado Municipal, durante el plazo de cinco años, incluyendo, entre otras cosas, la modificación de la adjudicación durante el transcurso del contrato con base en los ingresos reales.

3. Aumentar las cuentas de ingresos de instalaciones recreativas en $102,370 para el año Página 7
fiscal 26-27, $132,090 para el año fiscal 27-28, $136,020 para el año fiscal 28-29, $140,100 para el año fiscal 29-30 y $144,310 para el año fiscal 30-31, y asignar entre las cuentas de gastos de instalaciones recreativas según el Anexo A adjunto $197,684 para el año fiscal 26-27, $67,519 para el año fiscal 27-28, $69,293 para el año fiscal 28-29, $71,090 para el año fiscal 29-30 y $72,978 para el año fiscal 30-31.

4. Autorizar al administrador municipal o a la persona designada a ejecutar hasta dos opciones de renovación adicionales de cinco años, supeditadas a la asignación de fondos por parte del Ayuntamiento en el presupuesto anual para dicho ejercicio fiscal.

PARTICIPACIÓN PÚBLICA
Este espacio se ha reservado para aquellos oradores que hayan entregado su tarjeta de orador y no hayan podido intervenir durante la sección de participación pública destinada a dirigirse al Ayuntamiento sobre temas que NO figuran en el orden del día. No se aceptarán tarjetas de orador relacionadas con ningún tema incluido en el orden del día.

COMENTARIOS DEL PERSONAL

APLAZAMIENTO
En memoria de Don Fleming

FUTURAS REUNIONES
La próxima reunión ordinaria del Ayuntamiento se celebrará el 13 de octubre de 2026 a las 18:00 horas en la Sala de Sesiones del Ayuntamiento, primera planta del edificio municipal, 23920 Valencia Blvd., Santa Clarita, CA.

PROCESO DE DAR UN TÍTULO
El 17 de septiembre de 2026, yo, Melody Bartlette, certifico por la presente que soy la Secretaria Municipal debidamente designada y calificada para la Ciudad de Santa Clarita y que el orden del día anterior fue publicado en el Ayuntamiento.

_____________________________
Melody Bartlette
Secretario municipal
Santa Clarita, California

PROCLAMATION

Direct Support Professionals Week

September 13 – September 19, 2026

WHEREAS, Direct Support Professionals, also known as DSPs, provide essential support to individuals with intellectual and developmental disabilities in their homes, workplaces, and communities; and WHEREAS, the work of DSPs helps individuals live with greater independence, participate in their communities, and achieve their personal goals; and
WHEREAS, DSPs provide a wide range of support based on the unique needs of each individual, while promoting dignity, choice, and inclusion; and
WHEREAS, the dedication of DSPs also provides invaluable support to families, giving them trusted partners in the care and well-being of their loved ones; and
WHEREAS, a well-supported workforce of Direct Support Professionals is essential to help individuals with disabilities live successfully in their communities and avoid the need for more costly institutional care; and WHEREAS, the City of Santa Clarita is grateful for the Direct Support Professionals who serve members of our community and help create opportunities for individuals of all abilities to live, work, and participate fully in our community; and
NOW THEREFORE, the City of Santa Clarita does hereby proclaim September 13 to September 19, 2026, as “Direct Support Professionals Week” in the City of Santa Clarita, California.

Signed this 22nd day of September, 2026.

Laurene Weste, Mayor
Santa Clarita, California
a
Packet Pg. 8
Attachment: Direct Support Professionals Week (Direct Support Professionals Week Proclamation)

PROCLAMATION

Suicide Prevention Month
September 2026

WHEREAS, suicide is a serious and growing public health crisis, now the second leading cause of death for children, teens, and young adults across the nation; and

WHEREAS, September is recognized nationally as Suicide Prevention Month, a time to raise awareness, foster hope, and strengthen our collective resolve to prevent the tragedy of suicide in all communities, including among our most vulnerable – our youth; and

WHEREAS, talking openly about mental health and suicide can reduce stigma, increase access to support, and encourage individuals who are struggling to seek help. Early intervention and prevention are key, especially for children and adolescents who may be experiencing emotional distress, trauma, or mental health challenges; and

WHEREAS, the Child & Family Center, serving the Santa Clarita Valley, plays a critical role in suicide prevention by providing compassionate, trauma-informed mental health services to children, teens, and families, including those impacted by crisis, violence, and emotional hardship; and

WHEREAS, Henry Mayo Newhall Hospital's Behavioral Health Unit plays a critical role in suicide prevention by providing compassionate, crisis-focused psychiatric care in a safe, structured environment for individuals throughout the Santa Clarita Valley; and

WHEREAS, the "You Are Enough" Foundation plays a critical role in suicide prevention by connecting individuals with vital mental health resources and providing education, workshops, free therapy sessions, and suicide grief support groups for those who have lost a loved one to suicide; and

WHEREAS, we encourage every resident to take time to learn the warning signs, support one another with compassion, and advocate for mental health awareness and services in our community.

NOW, THEREFORE, the City of Santa Clarita does hereby proclaim September 2026, as Suicide Prevention Month, in the City of Santa Clarita, California.

Signed this 22nd day of September, 2026.

_______________________________________
Laurene Weste, Mayor
Santa Clarita, California

a
Packet Pg. 9
Attachment: Suicide Prevention Month 2026 (Suicide Prevention Month Proclamation)

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Agenda Item: 1

CITY OF SANTA CLARITA

AGENDA REPORT

NEW BUSINESS
CITY MANAGER APPROVAL:

DATE: September 22, 2026
SUBJECT: ACQUISITION OF THE SANTA CLARITA ELEMENTARY SCHOOL SITE, 27177 SECO CANYON ROAD
DEPARTMENT: City Manager's Office
PRESENTER: Kenneth W. Striplin

RECOMMENDED ACTION

City Council:

2. Appropriate one-time funds in the amount of $13,008,000 from the Facilities Fund (Fund 723) to Property Acquisition Expenditure Account (7239008-520104).

3. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney review.

BACKGROUND

The City of Santa Clarita (City) and Saugus Union School District (District) agreed in principle to convey the former Santa Clarita Elementary School site at 27177 Seco Canyon Road (Assessor’s Parcel No. 2810-032-902) (the Property) from the District to the City for $13,000,000.

The Property is a former kindergarten-through-sixth-grade public school campus. The District operated the school for approximately 64 years until it closed on June 8, 2024, following declining enrollment and seismic-safety concerns.

On March 26, 2024, the District’s Governing Board established an Asset Management Advisory Committee under the surplus-property provisions of the Education Code to advise the Board on 1 Packet Pg. 10

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potential uses and disposition of the Property.

The City expressed interest in the Property since the disposition process began. In January 2026, the City submitted a nonbinding term sheet to the District proposing an acquisition at fair market value. The District’s Governing Board authorized continued discussions. Those discussions culminated in the City and District negotiating teams agreeing to terms on September 9, 2026.

This report summarizes the proposed acquisition and the steps and timeline necessary to convey the Property to the City for the City Council’s consideration.

Analysis
The City’s Interest in Acquiring the Property
The Property is a ±9-acre site in the Saugus area of the City. Acquiring it would allow the City to retain a large, centrally located public parcel for community-oriented reuse. Potential uses for the site could include a community center, a library, a park extension, or another community facility.

Community members who took part in the District’s public process generally supported recreational, educational, civic, or all-ages community uses and have opposed converting the campus to residential development. Acquisition by the City would keep options open for a community facility.

The September 9, 2026 Agreement
The negotiations culminated in an agreement on September 9, 2026, confirming the parties’ understanding of the terms of the acquisition. The letter agreement provides the following:
• Structure and price: The City will acquire the Property from the District for $13,000,000.

The transaction is structured as an acquisition of exempt surplus land under the Education Code and the Surplus Land Act. The District will initiate and complete the conveyance, and the City will pay the purchase price and cooperate with the District throughout the process, contingent upon clear title and environmental report. • Escrow and feasibility: The City will deposit the $13,000,000 purchase price into escrow.

The City may review the Property during a 30-day feasibility period that begins when escrow opens, and will give the District notice of its approval. Escrow must close no later than 30 days after the City gives that notice. Escrow and due diligence costs are estimated to be $8,000.
• Conditions and no binding obligation: The District’s obligations depend on approval by the California Department of Housing and Community Development (HCD) and by the District’s Governing Board. Neither party will be bound until both parties sign and deliver an executed Purchase and Sale Agreement.

Steps Necessary to Convey the Property
As the property transfer is between local agencies, the Property qualifies as “exempt surplus land” under the Surplus Land Act. That classification streamlines the disposition: once land is validly declared exempt surplus land, the Surplus Land Act’s notice-of-availability and good- 1 Packet Pg. 11

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faith-negotiation requirements, including its 90-day negotiation period, do not apply. The following steps remain necessary to convey the Property to the City:

1. City Council approval. The City Council must approve the acquisition and authorize the City Manager to execute the Purchase and Sale Agreement and any related documents.

2. District exempt-surplus-land resolution and Governing Board approval. At a regular public meeting, the District’s Governing Board must adopt a resolution declaring that the Property is exempt surplus land, supported by written findings, and approving the Purchase and Sale Agreement.

3. Notice to HCD and HCD approval. At least 30 days before disposing the Property, the District must give HCD written notice of its declaration and findings. HCD then has 30 days to review the matter. If HCD does not object within 30 days, the District may proceed.

4. Open escrow. The District must open escrow within seven days after it receives HCD approval.

5. City feasibility review. The City may review the Property during a 30-day feasibility period that begins when escrow opens, and will give the District notice of its approval.

6. Close escrow. Escrow must close not later than 30 days after the City gives its approval notice. Title to the Property then transfers to the City.

Assuming HCD raises no objections during its review, the acquisition could close approximately four months after the District’s Governing Board approves the Purchase and Sale Agreement.

ALTERNATIVE ACTION
Other action as determined by the City Council.

FISCAL IMPACT
Upon approval of the recommended actions, $13,008,000 will be appropriated to the Property Acquisition Expenditure Account (7239008-520104) for the acquisition of the former Santa Clarita Elementary School site and associated due diligence costs. 1 Packet Pg. 12

CITY OF SANTA CLARITA
City Council
Special Meeting

~Minutes~

Tuesday, September 8, 2026 5:30 PM City Council Chambers

CALL TO ORDER
Mayor Weste called to order the Special Meeting of the City Council at 5:32 p.m.

ROLL CALL
All Councilmembers were present, with the exception of Mayor Pro Tem Ayala, who arrived at 5:33 p.m.

PUBLIC PARTICIPATION FOR AGENDIZED ITEMS
No requests to speak were received.

CLOSED SESSION
Joseph Montes, City Attorney, advised of the need to conduct a Closed Session for the purpose of holding a:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property Location: 24322, 24320, and 24318 Main Street
Assessor’s Parcel Nos. 2831-012-027
Negotiating Parties: Main Street Hardware, LLC
City’s Authorized Negotiator: City Manager
Under Negotiation: Price and Terms of Payment

RECESS TO CLOSED SESSION - TO BE HELD IN THE CARL BOYER ROOM Mayor Weste recessed the meeting to Closed Session at 5:33 p.m.

RECONVENE TO OPEN SESSION
Mayor Weste reconvened the meeting to Open Session at 6:21 p.m.

CITY ATTORNEY ANNOUNCEMENT
City Attorney Joseph Montes announced that no action was taken in Closed Session that was required to be reported.

2 Packet Pg. 13
Minutes Acceptance: Minutes of Sep 8, 2026 5:30 PM (Consent Calendar)

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ADJOURN
Mayor Weste adjourned the Special Meeting at 6:21 p.m.

______________________________________

MAYOR
ATTEST:

______________________________________

CITY CLERK
2 Packet Pg. 14
Minutes Acceptance: Minutes of Sep 8, 2026 5:30 PM (Consent Calendar)

CITY OF SANTA CLARITA
City Council
Regular Meeting

Joint Meeting with
Board of Library Trustees
Hereinafter the titles Mayor, Mayor Pro Tem, Councilmember, City Manager, City Attorney, and City Clerk may be used also to indicate Mayor/Chair/President, Mayor Pro Tem/Vice-Chair/Vice President, City Manager/Executive Director, City Attorney/Counsel, and City Clerk/Secretary ~Minutes~

Tuesday, September 8, 2026 6:00 PM City Council Chambers

INVOCATION
Councilwoman McLean delivered the invocation.

CALL TO ORDER
Mayor Weste called to order the Joint Regular Meeting of the City Council and Board of Library Trustees at 6:21 p.m.

ROLL CALL
All Councilmembers were present.

FLAG SALUTE
Councilwoman McLean led the flag salute.

AWARDS AND RECOGNITIONS
Councilmember Gibbs recognized Rhona Jukes, in honor of her retirement following a 54-year career in the mortgage and real estate industry, including eight years with Logix Federal Credit Union, highlighted her contributions to local nonprofits and numerous professional and community honors. Councilmember Gibbs thanked Ms. Jukes for her dedication and service to the Santa Clarita community, congratulated her on her retirement, and invited her to the dais to take a photo and share a few words.

Councilmember Miranda spoke of the rising awareness of childhood cancer; announced that the 3 Packet Pg. 15
Minutes Acceptance: Minutes of Sep 8, 2026 6:00 PM (Consent Calendar)

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City proclaimed September 2026 as Childhood Cancer Awareness Month; invited representatives from the Michael Hoefflin Foundation for Children’s Cancer and families they have supported to the dais to receive the proclamation.

Mayor Pro Tem Ayala announced that the City proclaims September 15 through October 15, 2026, as Hispanic Heritage Month; highlighted the rich histories, cultures, traditions, and contributions of Hispanic and Latino Americans; and noted this year’s theme, “Unidos, somos más,” or “Together, we are more.” She invited residents to participate in City cultural programs and celebrations, including Día de los Muertos, and recognized the contributions of Hispanic families to the Santa Clarita community. Representatives from the local business community and Newhall Community Center programs were invited to the dais to receive the proclamation.

PUBLIC PARTICIPATION
Addressing the Council were Grant Hooker, regarding Flock cameras; Riley Wambolt, regarding Flock cameras; Stanley Call, regarding Flock cameras; and Jaechan Lee, regarding Flock cameras.

Due to audience disturbance, Council recessed the meeting at 7:03 p.m. and reconvened at 7:15 p.m.

City Attorney Joe Montes reminded the public of Council’s limitations to respond to public comment for non-agendized items and explained the reasons behind the Council’s request that applause during the meeting be limited to allow the meeting to proceed.

Addressing the Council were Charlotte Brown, regarding Flock cameras; Omar Reza, regarding Flock cameras; Alina Tatoian, regarding Flock cameras; Janell Zaznuta, regarding meeting with Councilmembers; Kai Manangon, regarding Flock cameras; and Nick Spencer, regarding Flock cameras.

STAFF COMMENTS
City Manager Ken Striplin addressed comments regarding Flock cameras, stating that there is a misunderstanding and misrepresentation regarding their use; that the cameras were implemented as a tool to supplement law enforcement and enhance public safety; and that the program has been successful and is used in compliance with state law. He noted that safeguards have become more sophisticated, inappropriate use is flagged and addressed, and the use of the technology has been discussed at multiple public meetings.

Captain Barclay, representing the Los Angeles County Sheriff’s Department, stated that Flock is an investigative tool and does not replace human judgment, emphasized that public safety and privacy are not competing objectives, and that access to law enforcement technology carries responsibility and accountability. He stated that Flock information is accessed only for legitimate law enforcement purposes and shared when there is a lawful and necessary reason to do so.

Mayor Weste asked for clarification on the locations of Flock cameras, and Captain Barclay 3 Packet Pg. 16
Minutes Acceptance: Minutes of Sep 8, 2026 6:00 PM (Consent Calendar)

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explained that cameras are located on public streets. Captain Barkley noted that some homeowners’ associations have Flock cameras to assist with residential burglaries.

Councilmember Gibbs asked, and Captain Barclay responded regarding audit logs, authorized access, required information for searches, access by homeowners’ associations, and how improper use or failures are identified.

COMMITTEE REPORTS/COUNCILMEMBER COMMENTS
Councilmember Miranda commented on the public’s respectful conduct following the recess.

Mayor Pro Tem Ayala encouraged speakers to bring forward proposals regarding replacement of Flock cameras and highlighted upcoming opportunities to support the community, including the Rink grand opening, Old Town Newhall fire recovery efforts, and local business and performance groups.

Councilmember McLean commented on Make a Difference Day, the River Rally cleanup, the Environmental Expo, and the history of Old Town Newhall, emphasizing the community’s shared goal of rebuilding.

Councilmember Gibbs commented on the Aspire project and concerns regarding micro-trenching on sidewalks. Technology Services Manager Benny Ives explained the micro-trenching process and project phases, noting delays and that Phase 2 includes sealing the trenches; he also noted that aesthetic concerns are often addressed the same day.

Mayor Weste commented on the Santa Clarita Sheriff’ Station 100th anniversary, thanked the Sheriff’s department for keeping the community, trails, and open spaces safe, and highlighted Community Beautification Day and the City’s blood drive. Mayor Weste requested that the meeting be adjourned in memory of Michael Faina.

PUBLIC HEARINGS

ITEM 1

BOUQUET CANYON BUSINESS ASSISTANCE GRANT PROGRAM
This item considers establishing a Business Assistance Grant Program to provide temporary, financial assistance to eligible businesses experiencing documented economic hardship during the Bouquet Canyon Road closure.

RECOMMENDED ACTION:

City Council:

1. Conduct a public hearing and adopt a resolution entitled: “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ESTABLISHING THE

PUBLIC PURPOSE FOR AND APPROVING THE BOUQUET CANYON BUSINESS ASSISTANCE GRANT PROGRAM.”

2. Approve a one-time transfer of $640,000 from Contingency Account (1009300-701001) to 3 Packet Pg. 17
Minutes Acceptance: Minutes of Sep 8, 2026 6:00 PM (Consent Calendar)

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Business Development and Retention Account (1003500-517105).

3. Authorize the City Manager or designee to execute all documents necessary to administer the Bouquet Canyon Business Assistance Grant Program, including agreements with eligible grant recipients and a third-party grant administrator, subject to City Attorney review.

Mayor Weste opened the Public Hearing.

Deputy City Clerk Angelica Aguirre reported all notices required by law have been provided.

Economic Development Manager Tyler Pledger provided the staff report.

Addressing the Council was Valerie Bradford.

Mayor Weste closed the public comment period.

Mayor Pro Tem Ayala asked and staff responded that Council would receive updates in a summary report. Councilmembers emphasized keeping the process simple and expressed concern regarding unnecessary bureaucracy. Mayor Weste emphasized the need for a quick, fair, and streamlined process given the significant impacts to affected businesses and requested updates before Council meetings. Councilwoman McLean questioned the program’s scope and how the contingency fund would be replenished. City Manager Ken Striplin stated the program was tailored to address specific issues in the affected area and that funds used would be replenished through the budget process.

Adopted Resolution No. 26-45
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Miranda, Councilmember
SECONDER: Jason Gibbs, Councilmember
AYES: Weste, Ayala, Gibbs, McLean, Miranda

CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Marsha McLean, Councilwoman
SECONDER: Patsy Ayala, Mayor Pro Tem
AYES: Weste, Ayala, Gibbs, McLean, Miranda

ITEM 2
APPROVAL OF SPECIAL MEETING MINUTES – The minutes are submitted for approval.

RECOMMENDED ACTION: City Council approve the minutes of the August 25, 2026, Special Meeting.

3 Packet Pg. 18
Minutes Acceptance: Minutes of Sep 8, 2026 6:00 PM (Consent Calendar)

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ITEM 3
APPROVAL OF REGULAR MEETING MINUTES – The minutes are submitted for approval.

RECOMMENDED ACTION: City Council approve the minutes of the August 25, 2026, Regular Meeting.

ITEM 4
CHECK REGISTER NO. 18
Check Register No. 18 for Period 07/24/26 through 08/06/26 and 08/13/26. Electronic Funds Transfers for the Period 07/27/26 through 08/07/26.

RECOMMENDED ACTION:

City Council approve and ratify for payment the demands presented in Check Register No. 18.

ITEM 5

MULTIFAMILY AND MIXED-USE RESIDENTIAL OBJECTIVE DESIGN STANDARDS (MASTER CASE 26-038) - SECOND READING
City Council consideration of Santa Clarita Municipal Code amendments, as required by state law, to review multifamily and mixed-use housing projects with measurable and verifiable criteria.

RECOMMENDED ACTION:

City Council adopt an ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SANTA CLARITA MUNICIPAL CODE SECTIONS 17.06.130, 17.11.020, 17.23.100, AND 17.37.030 TO IMPLEMENT REGULATIONS GOVERNING OBJECTIVE DESIGN STANDARDS.”

ITEM 6
PARCEL MAP FOR PARCEL MAP NO. 84435 (LYONS AVENUE)
Pursuant to Section 66474.1 of the Subdivision Map Act, City Council consider approving Parcel Map No. 84435 (Lyons Avenue). The map is for subdivision purposes and is located on the northwest corner of Lyons Avenue and Orchard Village Road.

RECOMMENDED ACTION:

City Council:

1. Approve Parcel Map for Parcel Map No. 84435.

2. Find Parcel Map for Parcel Map No. 84435 exempt from review under the California Environmental Quality Act pursuant to Guideline 15301 Class 1 because the subdivision is an existing commercial building/property where no physical changes occur.

3. Make findings as follows: This project is consistent with the provisions of Sections 66474 and 66474.1 of the Subdivision Map Act and should be approved.

4. Instruct the Director of Administrative Services to endorse the Special Assessment Statement on the face of Parcel Map for Parcel Map No. 84435, which indicates all special assessments levied by the City of Santa Clarita are paid.

5. Instruct the City Clerk to endorse the City Clerk’s Statement on the face of Parcel Map for 3 Packet Pg. 19
Minutes Acceptance: Minutes of Sep 8, 2026 6:00 PM (Consent Calendar)

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Parcel Map No. 84435, which embodies the approval of said map.

6. Instruct the City Surveyor to endorse the City Surveyor’s Statement on the face of Parcel Map for Parcel Map No. 84435, which provides for verification that the map is technically correct.

7. Instruct the City Engineer to endorse the City Engineer’s Statement on the face of Parcel Map for Parcel Map No. 84435, which provides for verification of substantial conformance with the Tentative Parcel Map and all provisions of local ordinances and state laws applicable at the time of approval.

ITEM 7
2026-27 SPORTS FIELD REPLACEMENT PROGRAM P4037, CENTRAL PARK MULTIPURPOSE FIELDS 5 - 8, SPORTS FIELD SOD CONTRACT
This item considers awarding a contract to West Coast Turf for the purchase and installation of sport grass sod at four multipurpose fields at Central Park. The contract includes materials, delivery, and installation of new sports field sod at the four fields.

RECOMMENDED ACTION:

City Council:

1. Award a one-year contract to West Coast Turf for the purchase and installation of turf sod in the amount of $307,269.

2. Find the 2026-27 Sports Field Replacement Project, P4037, exempt from review under the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Article 19, Section 15301.

3. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney review.

ITEM 8

CONCESSION AGREEMENT FOR THE RINK SPORTS PAVILION
This item considers awarding a contract to operate The Wheel Restaurant at The Rink Sports Pavilion. The selected vendor will offer food and beverage concessions.

RECOMMENDED ACTION:

City Council:

1. Award a three-year contract to Top Shelf Bar and Grille for the operation of The Wheel Restaurant at The Rink Sports Pavilion.

2. Authorize the City Manager or designee to execute up to two additional one-year renewal options beginning in year four.

3. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney review.

3 Packet Pg. 20
Minutes Acceptance: Minutes of Sep 8, 2026 6:00 PM (Consent Calendar)

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PUBLIC PARTICIPATION II
Addressing the Council were Alex Honadel, regarding Flock cameras; Gabby Cunada, regarding Flock cameras; Eren Ellis, regarding Flock cameras; Gracie Bell, regarding Flock cameras; Sophie Lewis, regarding Flock cameras; Iris Warrender, regarding Flock cameras; Sean Kiner, regarding Flock cameras; Amanda Sinks, regarding Flock cameras; Andrea Celis, regarding Flock cameras; Jake Blaha, regarding Flock cameras; Nicholas Azarian, regarding a bike trail entrance, Flock cameras, and the possible creation of a swap meet; David Stears, regarding Downtown Newhall and theater community engagement; Michael Hansel, regarding sports fields; Vincent Torres, regarding Flock cameras; and Marlowe Wekman, regarding The MAIN theater.

ADJOURNMENT
Mayor Weste adjourned the Regular meeting in memory of Michael Faina at 9:18 p.m.

______________________________________

MAYOR
ATTEST:

______________________________________

CITY CLERK
3 Packet Pg. 21
Minutes Acceptance: Minutes of Sep 8, 2026 6:00 PM (Consent Calendar)

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Agenda Item: 4

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: September 22, 2026
SUBJECT: CHECK REGISTER NO. 19
DEPARTMENT: Administrative Services
PRESENTER: Mary Ann Ruprecht

RECOMMENDED ACTION

City Council approve and ratify for payment the demands presented in Check Register No. 19.

BACKGROUND

Check Register No. 19 for the Period 08/07/26 through 08/20/26 and 08/27/26 in the aggregate amount of $7,582,811.80 inclusive of Electronic Funds Transfers for the Period 08/10/26 through 08/21/26 in the aggregate amount of $2,697,561.28.

FISCAL IMPACT

Adequate funds are available in the budgeted expenditure accounts to support the Check Register payments.

ATTACHMENTS
Memo - Check Register No. 19
Check Register No.19 (available in the City Clerk's Reading File) 4 Packet Pg. 22

4.a
Packet Pg. 23
Attachment: Memo - Check Register No. 19 (Check Register No. 19)

4.a
Packet Pg. 24
Attachment: Memo - Check Register No. 19 (Check Register No. 19)

4.a
Packet Pg. 25
Attachment: Memo - Check Register No. 19 (Check Register No. 19)

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Agenda Item: 5

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: September 22, 2026
SUBJECT: GENERAL PLAN UPDATE CONTRACT
DEPARTMENT: Community Development
PRESENTER: Erika Iverson

RECOMMENDED ACTION

City Council:

2. Authorize the City Manager or designee to execute all contract and associated documents, subject to City Attorney review.

BACKGROUND
In June 2011, the City Council adopted the City of Santa Clarita’s (City) General Plan, known as One Valley One Vision. The General Plan serves as the City’s comprehensive, long-range plan for physical development and establishes goals and policies related to land use, transportation, development, open space, resource preservation, public safety, infrastructure, and other factors that guide future growth and development. The General Plan consists of multiple elements that are required to remain internally consistent and comply with applicable state law.

Since adoption of the General Plan, the state has enacted additional legislation requiring local jurisdictions to address new planning requirements within their General Plans, including:
• Assembly Bill (AB) 98: Requires updates to the Circulation Element related to designated truck routes.
• Assembly Bill (AB) 2684: Requires the Safety Element to evaluate and address extreme heat.
• Assembly Bill (AB) 1889: Requires local governments to incorporate wildlife and habitat connectivity considerations into long-range land use planning. 5 Packet Pg. 26

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The City’s Circulation Element and Conservation/Open Space Element were last comprehensively updated as part of the 2011 General Plan. In 2022, the City Council approved targeted updates to the Safety Element in conjunction with the Housing Element Update to incorporate the City’s Local Hazard Mitigation Plan and address hazards including earthquakes, flooding, and wildfire.

To address these requirements and maintain consistency with state law, the City must update its Circulation, Safety, and Conservation/Open Space Elements. The updates will require technical analysis, coordination among multiple City divisions, public outreach, environmental review pursuant to the California Environmental Quality Act (CEQA), and consideration by the Planning Commission and City Council. The applicable state legislation establishes January 1, 2028, as a key compliance date for the required General Plan updates.

The City conducted a Request for Proposal (RFP) to solicit proposals from qualified consulting firms to update elements of the City’s General Plan. The RFP was published and circulated via the City’s e-procurement system, BidNet, on July 23, 2026. The City transmitted the solicitation to 3,132 vendors on BidNet, of which 66 vendors downloaded the RFP. One company provided a proposal for consideration.

The proposal was reviewed and evaluated based on the company’s ability to meet the specific needs of the City. An evaluation panel comprised of City staff scored the responsive proposal using the following categories of weighted criteria:
• Consultant qualifications, organizational capacity, plan of study/scope of work (25 points)
• Experience on similar projects (30 points)
• Thoroughness of the proposal, approach to providing sound services, and ability to meet the objectives and standards of the project (30 points) • Cost (15 points)

Rank Company Location Score 1 Michael Baker International San Diego, CA 88

In reviewing the proposal, the evaluation panel awarded Michael Baker International (MBI) a high overall score and determined that its proposal offered the best overall value to meet the General Plan Update project needs. Michael Baker International was the only firm to submit a proposal, and the evaluation team’s determination was based on the firm’s qualifications, proposed approach, and demonstrated ability to successfully complete similar projects.

Staff has completed a due-diligence review of MBI’s professional references and determined its work history meets the City’s standards and performance expectations. Based on the above, staff recommends awarding a two-year contract to MBI for a total amount not to exceed $363,000.

ALTERNATIVE ACTION
Other action as determined by the City Council.

5 Packet Pg. 27

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FISCAL IMPACT

Adequate funds from General Fund (100) have previously been appropriated as part of the Fiscal Year 2026-27 budget in Planning Expenditure Account 1003100-516101 to support the recommended contract. Funding for future fiscal years are contingent upon the appropriations of funds by the City Council in the annual budget for such fiscal year.

ATTACHMENTS
MBI Cost File
MBI Response File (available in the City Clerk’s Reading File) 5 Packet Pg. 28
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5.a
Packet Pg. 29
Attachment: MBI Cost File (General Plan Elements Update Contract Award)

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Agenda Item: 6

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: September 22, 2026
SUBJECT: FINAL TRACT MAP FOR TRACT NO. 83605 (RIVERVIEW) DEPARTMENT: Public Works
PRESENTER: Amalia Marreh

RECOMMENDED ACTION

City Council:

1. Approve Final Tract Map for Tract No. 83605.

3. Make findings as follows: This project is consistent with the provisions of Sections 66474 and 66474.1 of the Subdivision Map Act and should be approved.

5. Instruct the City Clerk to endorse the City Clerk’s Statement on the face of Final Tract Map for Tract No. 83605, which embodies the approval of said map.

6. Instruct the City Surveyor to endorse the City Surveyor’s Statement on the face of Final Tract Map for Tract No. 83605, which provides for verification that the map is technically correct.

6 Packet Pg. 30

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7. Instruct the City Engineer to endorse the City Engineer’s Statement on the face of Final Tract Map for Tract No. 83605, which provides for verification of substantial conformance with the Tentative Parcel Map and all provisions of local ordinances and state laws applicable at the time of approval.

BACKGROUND

The Final Tract Map for Tract No. 83605, a Location Map of which is attached, has been reviewed by City of Santa Clarita (City) staff and found to be in substantial conformance with the principles and standards required by the Unified Development Code and State Subdivision Map Act. Tentative Tract Map 83605 was approved by the City Council on November 12, 2024, under Resolution No. 24-71 for Master Case MC21-205, to allow for the subdivision of one existing lot into five lots located at the former Saugus Speedway site.

Lots 1 through 4 provide for a total of 318 residential units, and lot 5 designated for a light manufacturing building. Lot 5 is currently undergoing the development review process to allow for a proposed residential use under separate discretionary application. The proposed Final Tract Map is approximately 35.44 acres.

The Final Tract Map for Tract No. 83605 was reviewed to the satisfaction of the City Engineer and found to be in substantial conformance with the previously approved tentative tract map. The conditions of approval adopted by the City have been met and fees have been and/or will be paid as indicated on the attached Fact Sheet. Therefore, the Tract Map for Tract No. 83605 is ready for City Council approval.

Pursuant to CEQA Guideline 15162(a) no subsequent CEQA review is required for the actions requested by this agenda item, because there are no substantial changes to the project or the circumstances under which the project is being undertaken, and no new information of substantial importance regarding the project has come to light triggering the need for subsequent review. A separate application, for changes to Lot 5, is under review and will be addressed by the City Council at a future meeting.

Pursuant to Section 66474.1 of the Subdivision Map Act, a legislative body shall not deny approval of a final or parcel map if it was previously approved as a tentative map for the proposed subdivision and if it finds the final or parcel map is in substantial compliance with the previously approved tentative map.

ALTERNATIVE ACTION

Staff has not identified alternative actions that would conform to requirements set forth in the Subdivision Map Act.

FISCAL IMPACT

The resources required to implement the recommended action are contained within the City's adopted Fiscal Year 2026-27 budget.

6 Packet Pg. 31

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ATTACHMENTS
Location Map
Fact Sheet
6 Packet Pg. 32
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P L A C E R I T A

C A N Y O N R D
Location Map for
Tract No. 83605
FM25-00002
Street centerlines developed & maintained
by City of Santa Clarita GIS
The City of Santa Clarita does not warrant
the accuracy of the data and assumes no
liability for any errors or omissions.

Map prepared by: City of Santa Clarita
GIS Division
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Proposed Lots
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6.a
Packet Pg. 33
Attachment: Location Map (FINAL TRACT MAP FOR TRACT NO. 83605; RIVERVIEW)

FACT SHEET
TRACT NO. 83605

Location: 22500 Soledad Canyon Road

Acreage: Approximately 35.44 acres

Number of Lots: Five (5) lots

Use: Subdivision of one (1) existing Mixed-Use Commercial lot, located at 22500 Soledad Canyon Road, into four (4) residential lots and one (1) non-residential lot.

Owner: Millrose Properties California LLC

Trails/Paseos: No new trails are being dedicated to the City by this map.

B&T Fees: Bridge and Thoroughfare (B&T) fee(s) will be paid prior to issuance of building permits.

Transit Fees: Transit Mitigation fee(s) will be paid prior to issuance of building permits.

Quimby Fees: Quimby fee(s) will be paid prior to issuance of building permits.

School Fees: School fee(s) will be paid prior to issuance of building permits.

6.b
Packet Pg. 34
Attachment: Fact Sheet (FINAL TRACT MAP FOR TRACT NO. 83605; RIVERVIEW)

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Agenda Item: 7

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: September 22, 2026
SUBJECT: PURCHASE OF POOL PUMPS, MOTORS, AND MANWAY COVERS

FOR THE SANTA CLARITA AQUATICS CENTER POOL PUMP
REPLACEMENT, PROJECT M3046
DEPARTMENT: Public Works
PRESENTER: Carla Callahan

RECOMMENDED ACTION

City Council:

1. Approve the purchase of seven pool pumps and motors and 12 manway covers from Estate Design and Construction for a total contract amount not to exceed $158,700.

3. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney review.

BACKGROUND

This project involves the replacement of the existing pool circulation pumps, motors, and manway covers at the Santa Clarita Aquatics Center, as shown on the attached Location Map.

The pumps and motors circulate water throughout the 25-meter, 50-meter, and activity pools, while the manway covers provide access for manual servicing of the pool water filters. The existing equipment is more than 22 years old and has reached the end of its useful service life.

The project will replace the existing equipment with new high-efficiency circulation pumps and premium-efficiency motors to improve performance. The construction bids for equipment installation will be solicited separately and the construction contract will be presented to the City Council for consideration at a later date as required. This project supports the Sustainable Public Infrastructure theme of the City of Santa Clarita’s (City) strategic plan, Santa Clarita Pathway 7 Packet Pg. 35

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Forward.

The Santa Clarita Aquatics Center Pool Pump Replacement project is not subject to the California Environmental Quality Act (CEQA) review pursuant to Title 14 of the California Code of Regulations, Article 19, Section 15301, which exempts from CEQA review, projects that consists of the operation, repair, maintenance, or minor alteration of existing public or private facilities or mechanical equipment, involving negligible or no expansion of existing or former use. Examples include but are not limited to, interior or exterior alterations involving such things as plumbing, and electrical conveyances. This project meets the criteria for this exemption because the Santa Clarita Aquatics Center Pool Pump Replacement project will be performing repairs and maintenance to existing mechanical and electrical systems located in the same facilities and performing at the same capacity.

An invitation to bid was published and circulated via the City’s e-procurement system, BidNet, on August 14, 2026. The City transmitted the solicitation to 216 vendors on BidNet, of which 34 vendors downloaded materials. A total of six bids were submitted and opened on September 1, 2026. The results of the bids are shown below.

Company Location Bid Amount
Estate Design and Construction Culver City, CA $ 158,700 National Boiler Supply Gulf Breeze, FL $ 178,120
Knorr Systems, Inc. Santa Ana, CA $ 197,719
WMS Aquatics Ellensburg, WA $ 202,871
Kijero, LLC Morgan Hill, CA $ 304,228
Levon Construction Group Anaheim, CA $ 312,000

Staff recommends awarding the purchase to Estate Design and Construction, the lowest responsive and responsible bidder. The vendor’s bid was reviewed for accuracy and conformance to the contract documents and was found to be complete. The bid proposal is available in the City Clerk’s Reading File.

The City Council appropriated $424,000 for this project upon adoption of the Fiscal Year 2026- 27 budget. The project budget is $424,000, representing $158,700 for equipment and $265,300 for construction and project administration costs. Project administrative costs include staff time, project management, inspection, permits, and labor compliance monitoring.

ALTERNATIVE ACTION

Other action as determined by the City Council.
x

FISCAL IMPACT

The amount of $424,000 is available in project expenditure account M3046601-516101 (General Fund - Capital) to support the recommended action and associated project costs.

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ATTACHMENTS
Location Map
Proposal for Estate Design and Construction (available in the City Clerk's Reading File) 7 Packet Pg. 37

C E N T R E

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Street centerlines developed & maintained
by City of Santa Clarita GIS
The City of Santa Clarita does not warrant
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liability for any errors or omissions.

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GIS Division
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Existing Parcel Boundary

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Attachment: Location Map (SANTA CLARITA AQUATICS CENTER POOL PUMP REPLACEMENT -

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Agenda Item: 8

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: September 22, 2026
SUBJECT: VETERANS HISTORICAL PLAZA STORY STATION
DEPARTMENT: Economic Development
PRESENTER: Tracy Sullivan

RECOMMENDED ACTION

City Council approve the Global War on Terror plaque to complete the existing Story Station at Veterans Historical Plaza.

BACKGROUND

Veterans Historical Plaza (Vets Plaza), located at the corner of Newhall Avenue and Market Street in Old Town Newhall, was constructed in 2005 and includes 12 Story Stations along the promenade. Funded through community donations, the Story Stations provide educational information about significant wars, conflicts, and events in the United States military history. At the time Vets Plaza was constructed, the Global War on Terror (GWOT) was ongoing. An unfinished stand was therefore reserved for a future Story Station, but a plaque was not fabricated at the time.

The proposed GWOT Story Station would complete the final unfinished stand at Vets Plaza and provide information recognizing the service and sacrifice of those who served during the GWOT.

Robert and Kay Slocum provided a donation toward the fabrication of the GWOT Story Station in honor of their son, Corporal Ricky P. Slocum, who lost his life while serving in the GWOT.

As outlined in the City of Santa Clarita Veterans Historical Plaza Special Use Facility Policy, proposed improvements and modifications to Vets Plaza, inclusive of the creation of new story stations, must follow a three-step process: 1) review by the Santa Clarita Valley Veterans Memorial, Inc. (SCVVM); 2) review by the Parks, Recreation and Community Services Commission (Commission); and 3) approval by the City Council.

The proposal was presented to SCVVM on August 26, 2026, where SCVVM voted to approve the language for the Story Station. The proposal was subsequently presented to the Commission at its regular meeting on September 3, 2026. The Commission supported the proposal and 8 Packet Pg. 39

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recommended approval by the City Council.

ALTERNATIVE ACTION

Other action as determined by the City Council.

FISCAL IMPACT

Adequate funds are available in account 102-201027 (Veteran’s Memorial Trust Account) to cover the cost of fabrication of the Story Station.

ATTACHMENTS
Bronze Story Station Mockup
Story Station Mockup
8 Packet Pg. 40

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Attachment: Bronze Story

GLOBAL WAR ON TERROR
(2001–2021)
ON SEPTEMBER 11, 2001, NINETEEN TERRORISTS ASSOCIATED WITH AL-QAEDA HIJACKED FOUR COMMERCIAL AIRLINERS, CARRYING OUT ATTACKS AGAINST THE UNITED STATES (U.S.) THAT CLAIMED NEARLY 3,000 LIVES. IN RESPONSE, THE U.S.

LAUNCHED WHAT BECAME KNOWN AS THE GLOBAL WAR ON TERROR (GWOT), BEGINNING MILITARY OPERATIONS IN AFGHANISTAN TO DISMANTLE AL-QAEDA AND REMOVE THE TALIBAN GOVERNMENT THAT HAD PROVIDED IT SANCTUARY.

AS MILITARY OPERATIONS EXPANDED, AMERICAN AND ALLIED FORCES CONDUCTED MISSIONS ACROSS MULTIPLE REGIONS TO COMBAT TERRORIST ORGANIZATIONS. IN 2003, THE U.S. INV ADED IRAQ, LEADING TO THE REMOVAL OF IRAQI PRESIDENT SADDAM HUSSEIN’S REGIME. U.S. SERVICE MEMBERS FOUGHT PROLONGED COUNTERINSURGENCY CAMPAIGNS IN

AFGHANISTAN AND IRAQ WHILE SUPPORTING ALLIED GOVERNMENTS, TRAINING LOCAL SECURITY FORCES, AND CONDUCTING HUMANITARIAN AND RECONSTRUCTION EFFORTS.

OVER THE NEXT TWO DECADES, MILLIONS OF AMERICANS SERVED IN SUPPORT OF THE GWOT. IN 2011, U.S. FORCES LOCATED AND KILLED AL-QAEDA LEADER OSAMA BIN LADEN. IN 2021, FOLLOWING THE WITHDRAWAL OF U.S. AND COALITION FORCES FROM AFGHANISTAN, THE GWOT CAME TO AN END. MORE THAN 7,000 AMERICAN SERVICE MEMBERS GAVE THEIR LIVES, AND MORE THAN 53,000 WERE WOUNDED IN ACTION.

DONATED BY ROBERT AND KAY SLOCUM

DEDICATED TO ALL THE MEN AND WOMEN WHO SERVE OUR COUNTRY

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Attachment: Story Station Mockup (VETERANS HISTORICAL PLAZA STORY STATION)

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Agenda Item: 9

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: September 22, 2026
SUBJECT: TEMPORARY HYDROGEN REFUELING SERVICES CONTRACT DEPARTMENT: Economic Development
PRESENTER: Adrian Aguilar

RECOMMENDED ACTION

City Council:

3. Authorize the City Manager or designee to execute the five, one-month contract extensions, not to exceed the annual contract amount.

4. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney review.

BACKGROUND

In accordance with the State of California’s Innovative Clean Transit (ICT) regulation, Santa Clarita Transit (SCT) is actively transitioning its fleet from diesel and compressed natural gas (CNG) vehicles to a fully zero-emission fleet by 2040. This transition is being implemented through a phased fleet replacement strategy, infrastructure investments, and the deployment of multiple zero-emission technologies to ensure compliance with ICT’s regulation and environmentally sustainable operations. Hydrogen fuel cell electric buses (FCEBs) are a key component of SCT’s long-term fleet strategy, offering extended range and fast refueling for fixed-route service.
9 Packet Pg. 43

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To support the FCEB fleet, SCT is constructing a state-of-the-art hydrogen production and fueling station at the Transit Maintenance Facility. This facility is designed as a scalable, end-to- end solution capable of supporting current and future fleet demands, including on-site hydrogen production, compression, storage, and dispensing. The station will enable SCT to generate and utilize hydrogen locally, improving operational longevity while reducing reliance on delivered fuel.

Due to extended lead times for key equipment, construction of the permanent hydrogen production and fueling station at the Transit Maintenance Facility has been delayed and SCT requires a temporary mobile hydrogen refueling solution. As SCT prepares to deploy hydrogen fuel cell electric buses into revenue service, the temporary refueling services will provide interim hydrogen fueling, ensuring operational continuity, minimizing service disruptions, and allowing SCT to proceed with planned vehicle deployment timelines while the permanent station continues construction and becomes fully operational.

While the cost of the temporary fueling equipment rental was unanticipated and a new expenditure, the cost of the hydrogen fuel would have been incurred regardless of the temporary fueling arrangement, as the City of Santa Clarita (City) would have incurred the associated water and electric utility costs to produce hydrogen at the permanent station. If approved, federal funding earmarked for the construction of the hydrogen station would be appropriated to cover the cost of the temporary equipment rental and the funding currently budgeted for utilities will be used to pay for the cost of the delivered hydrogen.

Solicitation Process

The City issued a Request for Proposals (RFP) on July 20, 2026, to solicit proposals for temporary hydrogen mobile refueling services to support the launch of SCT’s initial seven hydrogen fuel cell electric bus roll-out. The RFP closed on August 20, 2026, with 32 vendors downloading the RFP and a total of four proposals received.

A panel of three City staff members and two consultants reviewed and evaluated each of the four proposals. Each proposal was scored based on the vendor’s ability to meet the fueling demands of the City’s new hydrogen buses and on the following selection criteria:

Criterion Weighted Points (100 Points Total)
Contractor Qualifications and Experience 15 Points
System Design and Capabilities 25 Points
Technical Approach and Program Management 25 Points
Safety Management 10 Points
Cost of Materials and Services 25 Points

The final results of the proposal evaluations are shown below:
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Vendor Total Score (/100 Points)
ZeroUp Energy, Inc. 85 Points
Avina Clean Hydrogen, Inc. 78 Points
Simoneta LTD, DBA Hyroad Energy 70 Points
WestAir Gases & Equipment, Inc. 61 Points

Transit staff recommends the award of the temporary hydrogen refueling services contract to ZeroUp Energy, Inc., as they were the highest-ranked vendor in the evaluation process. This contract will have an initial four-month term, with the option to extend the contract on a monthly basis for up to five months, exercisable at the sole discretion of the City, subject to continued need, satisfactory performance, availability of funding, and written authorization.

FISCAL IMPACT

Upon approval of the recommended actions, budget for the Transit Capital Outlay, Contractual Services Expenditure Account (7003702-516101) will increase by $407,500 and Miscellaneous Federal Grants Revenue Account (700-442409) will increase by $407,500. Additionally, sufficient funding is available in the Transit Gas Utility Account (7003700-513102) for Fiscal Year 2026-27 in the amount of $1,318,500 to cover the remaining contract balance. 9 Packet Pg. 45

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Agenda Item: 10

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: September 22, 2026
SUBJECT: OPERATING AGREEMENT FOR THE CUBE ICE AND

ENTERTAINMENT CENTER
DEPARTMENT: Recreation and Community Services
PRESENTER: Kyle Lopez

RECOMMENDED ACTION

City Council:

3. Increase recreational facility revenue accounts by $102,370 for FY26-27, $132,090 for FY27-28, $136,020 for FY28-29, $140,100 for FY29-30 and $144,310 for FY30-31, and appropriate across recreational facility expenditure accounts per the attached Attachment A $197,684 for FY26-27, $67,519 for FY27-28, $69,293 for FY28-29, $71,090 for FY29-30 and $72,978 for FY30-31.

BACKGROUND

On February 23, 2021, the City Council awarded a five-year agreement, with up to two optional five-year renewals, for the operation of the City of Santa Clarita (City) The Cube-Ice and 10 Packet Pg. 46

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Entertainment Center (The Cube), with American Sports Entertainment Company and the Los Angeles Kings (ASEC/Kings). Pursuant to the agreement, operations are performed by JV Ice at the Cube, LLC (JVI), a California limited liability company established by ASEC/Kings and identified in the agreement as the Manager. Since opening in April, 2021, The Cube has served more than 2 million patrons and has established itself as a regional destination for recreational ice sports, tournaments, camps, public skating, and community programming.

ASEC/Kings was selected as the preferred operator through a Request for Proposals process conducted in September 2020. The original agreement was negotiated and implemented during a period of unprecedented operational uncertainty associated with the COVID-19 pandemic and included financial, operational, and service assumptions based on conditions known at that time.

Over the course of the initial agreement term, The Cube exceeded original operational and programming expectations. Based on operational experience gained during the first five years of service, City staff and JVI negotiated an Amended and Restated Agreement (agreement) to clarify operational roles and responsibilities, refine management and revenue-sharing provisions, and align budget assumptions with current facility performance and long-term operational objectives. A draft of the agreement is attached.

Roles and Responsibilities:

The agreement more clearly defines maintenance obligations, establishes responsibilities for repairs and replacement of facility assets, and refines oversight, reporting, and financial transparency requirements. In addition, the agreement clarifies contracting and procurement responsibilities to ensure consistency with the City’s purchasing policies and procedures.

Management Fee:

The agreement updates the base management fee and incentive management fee structures. The annual base management fee will increase to $232,000 in Fiscal Year 2026-27 and will increase by 2 percent annually thereafter. Costs associated with the management fee include general and administrative expenses, overhead, and travel and training.

The annual incentive management fee is revised so that JVI will be eligible to receive an annual incentive payment of $150,000 once gross revenue reaches the applicable annual gross revenue threshold, initially set at $4,300,000 for Fiscal Year 2026-27 and increasing by 2 percent annually. JVI will also receive 10 percent of gross revenue generated above the applicable annual threshold.

Because the amount of the annual incentive management fee is dependent on actual annual gross revenue, the City Manager or designee will be authorized to modify the contract award during the contract term to accommodate any increase in incentive compensation resulting from revenues exceeding the applicable threshold.

Budget Adjustments:

The first five years of this contract saw both expenditures and revenues exceeding initial 10 Packet Pg. 47

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estimates related to facility performance and use. The adjusted Fiscal Year 2026-27 operating budget reflects lessons learned during the first five years of operations at The Cube. Budget adjustments include increased expenditures for repairs and maintenance, service contracts impacted by prevailing wage requirements, insurance premiums, and banking and credit card processing fees associated with higher transaction volumes. The five-year forecasted revenue and expenditure plan is attached.

ALTERNATIVE ACTION

Other action as determined by the City Council.

FISCAL IMPACT

Upon approval of the recommended actions, and as outlined in Attachment A, budget for the Recreational Facility Expenditure Accounts will increase by $478,564 for all five years and Recreational Facility Revenue Accounts will increase by $654,890 for all five years.

ATTACHMENTS
Attachment A- Five Year Forecasted Revenue and Expenditure Plan Draft Cube Agreement
10 Packet Pg. 48

ATTACHMENT A
Account
FY 2026-27
Adopted
Budget
Adjustment
FY 2026-27
Adjusted
Budget
Adjustment FY 2027-28
Projection Adjustment FY 2028-29
Projection Adjustment FY 2029-30
Projection Adjustment FY 2020-31
Projection
Contract Operator Revenues
First Floor Rental Income 431112 51,300$ 1,540$ 52,840$ 1,590$ 54,430$ 1,630$ 56,060$ 1,680$ 57,740$ 1,730$ 59,470$ On-Ice Revenue 456701 4,089,530$ 75,970$ 4,165,500$ 124,970$ 4,290,470$ 128,700$ 4,419,170$ 132,570$ 4,551,740$ 136,550$ 4,688,290$ Food Concession 456702 54,170$ 5,030$ 59,200$ 1,780$ 60,980$ 1,830$ 62,810$ 1,880$ 64,690$ 1,940$ 66,630$ Misc Revenue 456705 20,000$ (6,810)$ 13,190$ 400$ 13,590$ 410$ 14,000$ 420$ 14,420$ 430$ 14,850$ Filming 456706 50,000$ 1,940$ 51,940$ 1,560$ 53,500$ 1,610$ 55,110$ 1,650$ 56,760$ 1,700$ 58,460$ Parties & Room Rentals 462101 35,000$ 24,700$ 59,700$ 1,790$ 61,490$ 1,840$ 63,330$ 1,900$ 65,230$ 1,960$ 67,190$ Revenue Subtotal 4,300,000$ 102,370$ 4,402,370$ 132,090$ 4,534,460$ 136,020$ 4,670,480$ 140,100$ 4,810,580$ 144,310$ 4,954,890$ Contract Operator Expenditures
Management Fee 1205120-516138 100,500$ 131,500$ 232,000$ 4,640$ 236,640$ 4,733$ 241,373$ 4,827$ 246,200$ 4,924$ 251,124$ Ice Rink Operations 1205120-516139 2,305,283$ 25,947$ 2,331,230$ 58,270$ 2,389,500$ 59,730$ 2,449,230$ 61,200$ 2,510,430$ 62,750$ 2,573,180$ Revenue Share 1205120-516140 120,000$ 40,237$ 160,237$ 4,609$ 164,846$ 4,830$ 169,676$ 5,063$ 174,739$ 5,304$ 180,043$ Expenditure Subtotal 2,525,783$ 197,684$ 2,723,467$ 67,519$ 2,790,986$ 69,293$ 2,860,279$ 71,090$ 2,931,369$ 72,978$ 3,004,347$ SURPLUS/(DEFICIT) - Contract 1,774,217$ (95,314)$ 1,678,903$ 64,571$ 1,743,474$ 66,727$ 1,810,201$ 69,010$ 1,879,211$ 71,332$ 1,950,543$ City Operating Expenditures
Business Sponsorship 1203506-516124 22,500$ -$ 22,500$ -$ 22,500$ -$ 22,500$ -$ 22,500$ -$ 22,500$ Maintenance Supplies 1205120-511105 10,400$ -$ 10,400$ -$ 10,400$ -$ 10,400$ -$ 10,400$ -$ 10,400$ Electric Utility 1205120-513101 513,500$ -$ 513,500$ -$ 513,500$ -$ 513,500$ -$ 513,500$ -$ 513,500$ Gas Utility 1205120-513102 62,000$ -$ 62,000$ -$ 62,000$ -$ 62,000$ -$ 62,000$ -$ 62,000$ Telephone Utility 1205120-513103 8,200$ -$ 8,200$ -$ 8,200$ -$ 8,200$ -$ 8,200$ -$ 8,200$ Water Utility 1205120-513106 12,000$ -$ 12,000$ -$ 12,000$ -$ 12,000$ -$ 12,000$ -$ 12,000$ Contractual Services 1205120-516101 174,921$ -$ 174,921$ -$ 174,921$ -$ 174,921$ -$ 174,921$ -$ 174,921$ Janitorial 1205120-516143 142,516$ -$ 142,516$ -$ 142,516$ -$ 142,516$ -$ 142,516$ -$ 142,516$ Reinbursement to GF 1205120-720001 115,220$ -$ 115,220$ -$ 115,220$ -$ 115,220$ -$ 115,220$ -$ 115,220$ Total City Operating Expense 1,061,257$ -$ 1,061,257$ -$ 1,061,257$ -$ 1,061,257$ -$ 1,061,257$ -$ 1,061,257$ SURPLUS/(DEFICIT) 712,960$ (95,314)$ 617,646$ 64,571$ 682,217$ 66,727$ 748,944$ 69,010$ 817,954$ 71,332$ 889,286$ City Revenues
Sponsorship Revenue 456611 130,000$ -$ 130,000$ -$ 130,000$ -$ 130,000$ -$ 130,000$ -$ 130,000$ Rental Income - Misc 431107 79,593$ -$ 79,593$ -$ 79,593$ -$ 79,593$ -$ 79,593$ -$ 79,593$ City Revenue 209,593$ -$ 209,593$ -$ 209,593$ -$ 209,593$ -$ 209,593$ -$ 209,593$ OVERALL SURPLUS (DEFICIT) 922,553$ (95,314)$ 827,239$ 64,571$ 891,810$ 66,727$ 958,537$ 69,010$ 1,027,547$ 71,332$ 1,098,879$ Summary of Budget Adjustments
Total Revised Revenues 4,509,593$ 102,370$ 4,611,963$ 132,090$ 4,744,053$ 136,020$ 4,880,073$ 140,100$ 5,020,173$ 144,310$ 5,164,483$ Total Revised Expenditures 3,587,040$ 197,684$ 3,784,724$ 67,519$ 3,852,243$ 69,293$ 3,921,536$ 71,090$ 3,992,626$ 72,978$ 4,065,604$ The Cube Ice & Entertainment Center
Five Year Foreasted Revenue and Expenditure Plan
Fund: 120

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Attachment: Attachment A- Five Year Forecasted Revenue and Expenditure Plan [Revision 1] (OPERATING AGREEMENT FOR THE CUBE)

1 DRAFT

AMENDED AND RESTATED

MANAGEMENT AGREEMENT BETWEEN

JV ICE AT THE CUBE, LLC AND

CITY OF SANTA CLARITA

THIS AMENDED AND RESTATED AGREEMENT (“Agreement”) is made and entered into this ___ day of ___________, 2026, by and between the CITY OF SANTA CLARITA, a municipal corporation and general law city existing under the laws of California (“CITY”), and JV Ice at the Cube, LLC, a California limited liability company (“JVI”). The Parties agree as follows:

RECITALS. The Parties enter into this Agreement with the following understandings:

Section 1.01 On March 24, 2021, the Parties entered into an agreement, as amended by Amendment No. 1, Amendment No. 2, and Amendment No. 3 (collectively, the “Original Agreement”) under which JVI operates and manages CITY’s facilities located at 27745 Smyth Drive, Santa Clarita, CA 91355 known as “The Cube: Ice and Entertainment Center” (the “Cube”).

Section 1.02 The Original Agreement expires September 30, 2026. To ensure that JVI’s management of the Cube continues uninterrupted, the Parties negotiated this Agreement to redefine JVI’s roles in managing the Cube and ensure that the public interest is met by utilizing a private company to operate a public facility.

Section 1.03 This Agreement reflects the Parties’ intent to clarify their relationship, ensure uninterrupted management of the Cube, and continue outstanding service for the community.

Section 1.04 In entering into this Agreement, the Parties acknowledge and agree that because various improvements to the Cube were funded in part by tax-exempt bonds, CITY must comply with IRS regulations regarding the use of the Cube and that specifically for the Cube, because improvements were funded by both taxable and tax-exempt bonds, “private business use” (as defined in Internal Revenue Code section 141) of the Cube is limited to the proportion of bonds made up of taxable bonds, which was previously determined to be approximately 25%.

ARTICLE 2 MANAGEMENT

This Agreement constitutes a management agreement whereby CITY retains JVI to operate and manage the Cube. The scope of JVI’s management responsibilities includes operation of the recreational, food, and beverage facilities located at the Cube. By entering into this Agreement, JVI’s representatives may access the Cube for the limited purpose of performing this Agreement. CITY retains complete control and occupancy of the Cube in accordance with applicable law including, without limitation, Government

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Attachment: Draft Cube Agreement (OPERATING AGREEMENT FOR THE CUBE)

2 Code section 37359.

ARTICLE 3 PAYMENTS AND ACCOUNTING RECORDS

Section 3.01 Management Fees.

(a) CITY will pay JVI a Management Fee as follows:

Annual Base Management Fee (payable monthly):

Year 1 (FY 2026/27) = $232,000
Year 2 (FY 2027/28) = $236,640
Year 3 (FY 2028/29) = $241,373
Year 4 (FY 2029/30) = $246,200
Year 5 (FY 2030/31) = $251,124

Each FY is July 1 through June 30.

Optional years: the Base Management Fee will increase 2% annually.

(b) In addition, CITY will pay JVI an Annual Incentive Management Fee.

Subject to the requirements of this Section, the Annual Incentive Management Fee (i) will include a $150,000 payment upon Gross Revenue reaching $4,300,000 plus (ii) 10% of Gross Revenue generated by JVI that exceeds $4,300,000 annually. Beginning in Year 2 (FY 2027/28), and for each fiscal year thereafter during the Term (including any option years), the $4,300,000 Gross Revenue target increases by 2% over the target for the immediately preceding fiscal year, so that a new target Gross Revenue applies each year. The escalated target applies both to the $150,000 payment under clause (i) and to the 10% calculation under clause (ii). Except as otherwise provided in this Agreement, if the Cube closes, or its operations are materially impaired, for any period for reasons outside JVI's reasonable control, the Parties must equitably adjust the Operations Costs, the resulting threshold, and the $4,300,000 Gross Revenue target so that JVI is not penalized for the closure or impairment.

Gross Revenue is defined as all gross sales generated by JVI at the Cube to the extent managed and operated by JVI, as detailed in Exhibit A, less any applicable sales tax. For illustrative purposes only, the methodology for calculating the Annual Incentive Management Fee is generally reflected in the five-year Forecasted Revenue and Expenditure Plan attached as Exhibit A (described in Section 3.02). Gross Revenue does not include revenue generated by City’s exclusive use of the Cube, which may include sale of City merchandise, sponsorship, tourism events or miscellaneous rental income.

(c) JVI must deliver to CITY its detailed accounting of the Cube’s revenue and the calculation of the Annual Incentive Management Fee by the 15th

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3 of each July. CITY will verify the calculation, and, if the fee is earned, CITY will pay the Annual Incentive Management Fee to JVI by the 15th of each August. The Annual Incentive Management Fee is payable only to the extent of, and up to, the resulting net operating surplus. A written memo signed by the City Manager, or designee (who has signature authority on file with the City’s Finance Division), will be provided by CITY to JVI authorizing the timely payment as set forth herein.

Section 3.02 Operations Costs.

(a) JVI must prepare and submit to CITY for approval a proposed five-year revenue and expenditure plan for the management and operation of the Cube. Year 1 of the revenue and expenditure plan is the proposed Fiscal Year 26/27 Budget until approved by City Council. Years 2-5 of the revenue and expenditure plan are forecasted budgets that will be evaluated and adjusted annually as needed for the upcoming fiscal year. All forecasted budgets are subject to review and approval by the CITY annually, and appropriations are contingent upon approval by the City Council. The Parties intend that any revisions to the forecasted revenue and expenditure plans must be transmitted by JVI to CITY by December 31 of each year during the Term, which must be consistent in form with the forecasted revenue and expenditure plan in Exhibit A. Once adopted by City Council, the forecasted revenue and expenditure plan becomes the Approved Annual Operating Budget for the coming fiscal year.

(b) JVI may submit revised budgets to CITY for its review and approval, per CITY’s provided deadlines. JVI must use diligence and commercially reasonable efforts to prevent the actual costs of maintaining and operating the Cube from exceeding the Approved Annual Operating Budget for such fiscal year. At CITY’s direction, JVI must make changes to previously approved forecasted revenue and expenditure plans to the extent feasible.

Any requested budget changes will not take effect unless a written approval signed by the City Manager, or designee, is provided by CITY. If a new Annual Operating Budget is not approved before commencement of the applicable fiscal year, the most recently approved Annual Operating Budget remains in effect on an interim basis until a new Annual Operating Budget is approved. During such interim period, JVI is authorized to continue operating the Cube and incur expenditures in accordance with the prior approved Annual Operating Budget.

(c) JVI will pay monthly Operations Costs, as established in the Approved Annual Operating Budget, from the Disbursement Account. In accordance with the approved Annual Operating Budget, such costs are strictly limited to the following:

i Payroll (including taxes, fees, and benefits) and any other labor

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4 related costs and expenses, including without limitation full or part-time on-site personnel of JVI;

ii Insurance – worker’s compensation, property, employers’ liability, commercial general liability, excess liability, and all other insurance JVI must carry under the Insurance Article of this Agreement, including any related deductibles or retentions;

iii Supplies, uniforms, equipment, materials used in the Cube;

iv Except as otherwise provided, administration of maintenance and service contracts for the Cube;

v Sales tax for purchase of personal property;

vi Internet service and landline telecommunications; and

vii Licenses and permits.

viii Such additional amounts as permitted herein.

Operations Costs do not include payment for alleged property damage or personal injury; JVI’s training of its employees; JVI’s travel expenses; JVI’s human resource expenses (General & Administrative); JVI’s entertainment expenses including, without limitation, meals and activities; or any other expenses not specifically identified as an Operations Cost. (d) Within 15 days of the end of each month, JVI must provide to CITY a reconciliation of all Cube expenses for the prior month, along with corresponding income and cash flow statements.

(e) Should the Cube’s reasonable or necessary expenses exceed the Approved Annual Operating Budget, JVI must promptly (and not less than 15 days after identifying the potential exceedance) seek CITY’s approval of such additional expenses. Once such additional reasonable or necessary expenses are approved, JVI must be reimbursed for any such reasonable or necessary expenses incurred, even if not in the Approved Annual Operating Budget. Should JVI fail to obtain CITY’s approval within 15 days, JVI shall not be required to incur such expense.

(f) JVI must pay from the Disbursement Account, in a commercially reasonable manner, all operating expenses of the Cube per the Approved Annual Operating Budget and in accordance with CITY’s purchasing policy, as detailed in Exhibit B.

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5 (g) JVI will maintain a bank account opened by JVI for the sole purpose of collecting funds generated at the Cube and paying the Cube related costs and expenses (“Disbursement Account”). All funds received by JVI derived from the operation of the Cube must be immediately deposited into the Disbursement Account. No other funds of JVI may be deposited or commingled with funds in the Disbursement Account.

(h) JVI must pay Cube-related costs and expenses from the Disbursement Account. Only those personnel specifically identified by JVI to CITY have the authority to write checks from the Disbursement Account. The following costs must be paid directly from the Disbursement Account:

i All costs necessary for the management, operation, and maintenance of the Cube, so long as such costs are provided for in the Approved Annual Operating Budget or are specifically authorized in writing by CITY; or otherwise permitted herein

ii Any and all costs necessary to handle emergencies, (defined in Section 6.15)

(i) Within 15 days after the end of each month, JVI will provide CITY with a monthly reconciliation of the Disbursement Account including a copy of the monthly bank statements, together with expense reports and corresponding income and cash flow statements.

(j) JVI will transfer to CITY funds from the Disbursement Account in excess of actual expenditures, pursuant to CITY’s ACH instructions; provided, however, notwithstanding anything contained in this Agreement to the contrary, the CITY shall at all times be required to ensure there are enough funds in the Disbursement Account to cover Operations Costs.

(k) Contingency Reserve. The Parties acknowledge that the $60,000 startup advance provided under the Original Agreement was intended solely to fund initial startup costs and has not been drawn upon since the first year of operations. CITY is not obligated to maintain, and this Agreement does not create, any contingency or reserve fund. Whether to establish, maintain, or permit the use of any contingency amount is at the CITY’s sole and complete discretion. If the Parties elect to retain a contingency amount, JVI may access and use it only with the CITY’s prior written approval, and only to fund extraordinary, unbudgeted expenses arising from a closure or material impairment of operations beyond JVI’s reasonable control.

(l) Notwithstanding anything contained in this Agreement to the contrary, in no event shall JVI be required to expend any of its own funds related to the operation of the Cube that are not paid out of the Disbursement

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6 Account or reimbursed to JVI by the City (except for JVI’s training of its employees; JVI’s travel expenses; JVI’s human resource expenses (General & Administrative); JVI’s entertainment expenses including, without limitation, meals and activities).

Section 3.03 STATEMENTS BOOKS AND RECORDS.

(a) JVI must keep full and accurate records, books, and data with respect to all business conducted pursuant to this Agreement which must show all the Gross Revenue and detailed expenditures. Detailed back up documentation must be retained for all revenues and expenditures (i.e. point of sale records, invoices, credit card receipts, etc.). CITY, or designee, may at all reasonable times and at CITY’s expense, inspect such books and records, including any California sales tax return records. JVI must retain all such records and instruments and will make them available to CITY at CITY’s request. Time required of JVI staff to provide requested documentation will not be reimbursed by the CITY.

Documentation requested is required to be provided to the CITY or designee, within a reasonable, timely timeframe.

(b) All financial statements and reports must be prepared in accordance with U.S. Generally Accepted Accounting Principles (GAAP), as issued by the Financial Accounting Standards Board (FASB). JVI must classify and disclose assets, liabilities, and equity according to FASB requirements, including restrictions on net assets resulting from contractual obligations, loan covenants, or board designations. JVI must disclose, in footnotes to the financial statements, the nature and amount of any restricted cash, contract assets, contract liabilities, or other constraints on the use of equity or net assets, in compliance with FASB Accounting Standards Codification (ASC) and relevant guidance, including ASC 606 as applicable.

(c) JVI must provide CITY with profit/loss statements monthly, with a final profit/loss statement for the fiscal year on a form reasonably acceptable to CITY.

Section 3.04 Reports and Reconciliation of Cube Accounts.

(a) Monthly Reports. Each month JVI will provide CITY with the following detailed reports by the 15th of the following month:

i Income Statements – monthly income statements including a comparison of the current month and year-to-date actual financial performance versus the Approved Annual Operating Budget.

Appropriate descriptions of any significant monthly or year-to-date variances of revenue, expenses, net income, and/or EBITDA.

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7 ii Cube Expenses – report of all expenses paid by JVI the previous month; a comparison of the current month and year-to- date account of actual expenses versus the Approved Annual Operating Budget;

iii Cube Revenue – report of all revenue collected each month.

iv Itemized Receipts and Invoices of all purchases, including credit card statements.

v The following specific monthly financial reports will be provided:

vi General Ledger Detail (Balance Sheet & Income Statement accounts)

vii Trial Balance

viii Income statement, with budget information

ix Balance Sheet

x Cash Flow Statement

xi Deferred Income Statement

xii Bank reconciliation report

xiii Bank statement

xiv Merchant company statements

xv Point of Sale report

xvi Copy of EFT deposit to City of Santa Clarita

xvii Cube Excel Forecast (Actuals to Date and Approved Budget)

(b) Additional Reports - a written report describing any material changes in the Cube which occurred during the month or are anticipated to occur; any security incidents or changes to security protocol; event recap and evaluation with suggested changes to protocols; and any other financial or operating information which may be requested from time to time by the CITY relating to the services herein.

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8 report. Safety meetings and Cube safety drills must be conducted and documented within the quarterly report.

(d) Periodic Reports. JVI must furnish CITY reports regarding on-site physical inspections and operating reviews; and a current inventory of all personal property and equipment in connection with the Cube, which must be submitted to CITY no later than 30 days after the end of each fiscal year.

(e) Contracts and Other Agreements. JVI must maintain at the Cube one copy of all contracts, warranties, equipment leases, maintenance agreements, and all other agreements relating to the Cube.

(f) Final Accounting. JVI must deliver to CITY a final accounting for the Cube within 60 days of termination of this Agreement.

Section 3.05 AUDIT.

(a) CITY may, at its own expense, audit JVI’s books and records of receipts at any time, for the purpose of verifying JVI’s obligations under this Agreement. JVI must promptly correct any deficiencies or errors disclosed by CITY’s audits and promptly inform CITY of all corrective actions taken.

(b) CITY may also obtain, upon reasonable request and at CITY’s expense, information from JVI’s books and records to include Gross Revenue and expenditures.

(c) JVI must adhere to the City financial retention schedule as follows: Audit year plus six (6) years of detailed financial reports outlined in Section 3.04 (a) plus journal entries and detailed back up documentation.

Section 3.06 POSSESSORY INTEREST TAXES. JVI is hereby informed by CITY that although this Agreement is intended solely to be a contract for the operation and management of the Cube and not, e.g., a lease, nonetheless, pursuant to Revenue and Taxation Code § 107.6, the California Franchise Tax Board (the “FTB”) could determine that JVI’s interest in the Cube pursuant to this Agreement may be subject to property taxation and that JVI may be subject to the payment of property taxes levied on whatever the FTB defines as its interest. JVI may not deduct such amount from payments to CITY. Should, however, the FTB assess a tax, then CITY, after exhausting any applicable appeal of that decision, shall reimburse JVI for tax payments, if any, plus any interest and penalties, or allow JVI to disburse such funds to JVI from the Disbursement Account, which such obligation shall survive termination of this Agreement.

ARTICLE 4 TERM

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9 Section 4.01 INITIAL TERM. The initial term of this Agreement will begin July 1, 2026, or as soon thereafter as is practical, and, unless terminated, end June 30, 2031.

Section 4.02 OPTION. Subject to the termination requirements, this Agreement may be extended two times for five additional years each, for a total (initial term plus options) of fifteen years at CITY’s sole discretion. To exercise an option, CITY must provide JVI with written notice of its election to extend at least one hundred eighty (180) days prior to the expiration of the then-current term. CITY’s City Manager may exercise such options on CITY’s behalf. Time is of the essence with respect to CITY’s exercise of each option. If CITY fails to timely deliver written notice of exercise within the period specified above, the applicable option shall automatically expire and be of no further force or effect, and JVI shall have no obligation to extend the Term. Any exercise of an option shall be conditioned upon CITY not being in default of any monetary obligation under this Agreement on the date of exercise.

Section 4.03 START DATE. The “Start Date” is the day on which this Agreement becomes effective. The Start Date is the date from which the Initial Term of this Agreement is measured.

ARTICLE 5 PERSONNEL

Section 5.01 Stability of Management Team. CITY and JVI recognize the benefits inherent in promoting stability in the management team engaged in the operation of the Cube.

Section 5.02 JVI must cause to be employed at least the following key personnel for the Cube (“Key Personnel”) as specified in the Approved Annual Operating Budget: (i) Cube Manager, (ii) Operations Manager, (iii) Skating Director, (iv) Director of Guest Services, and any other positions mutually agreed upon by the Parties.

Section 5.03 CITY may approve all of JVI’s Key Personnel with supervisory or oversight responsibilities over day-to-day management of the Cube and may have any of them reassigned from the Cube and replaced, provided the CITY has and articulates a lawful and reasonable basis for such request. JVI is solely responsible for determining and implementing any resulting employment action, including reassignment, discipline, termination, or replacement, and is solely responsible for all costs and expenses incurred by JVI, directly or indirectly, in connection with any such action, regardless of whether such amounts are budgeted.

Section 5.04 JVI must conduct security, background checks, including searches of

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10 the national and California sex offender registries, and drug screening, as required and to the extent permitted by California law, on all potential employees and may not hire any applicants who, in JVI’s reasonable judgment, pose a risk to safety of the Cube or any customers, guests or employees thereof.

Section 5.05 The Parties agree to keep any information regarding employees confidential in accordance with this Agreement and all applicable employment and privacy laws.

Section 5.06 JVI EMPLOYEES.

(a) JVI must employ such persons, in such positions, as may be reasonably necessary for the performance of its obligations under this Agreement to the extent contemplated by the Approved Annual Operating Budget.

(b) All JVI employees must be identified as the Cube employees by means of a uniform mutually acceptable to the Parties or by some other, similar, means.

(c) Pursuant to Penal Code § 11105.3, JVI employees who work with or have contact with minors (under the age of 18) will be required to be fingerprinted per California law as a condition of employment or as a condition of continued employment. Accordingly, all such employees will be required to submit to a fingerprinting via LiveScan, as required by California law, (or other mutually agreed upon service) on an annual basis per the Approved Annual Operating Budget. CITY may require non- employees (e.g., vendors and volunteers), who work with or have contact with minors to be fingerprinted at their own expense.

ARTICLE 6 USE OF PROPERTY AND JVI’S OBLIGATIONS

In consideration of the Management and Incentive Fees, JVI is obligated to implement the following in performance of this Agreement:

Section 6.01 JVI must operate the Cube; rental facilities; automobile parking facility for patrons of the Cube and restaurants; and furnish skating lessons.

CITY’s written approval is necessary for any additional use of the Cube. JVI agrees to comply with all federal, state, and local laws and/or regulations applicable to the use and operation of the Cube.

Section 6.02 JVI must maintain, use, and operate the Cube in a professional manner.

Section 6.03 JVI covenants to diligently perform all of its obligations under this Agreement, and to use the Cube to operate, manage and maintain the service

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11 operations for the public described below in this Article upon the terms and conditions of this Agreement and for no other purposes. The Cube must be managed by JVI solely for the purpose of a first-class ice arena for local residents and visitors including, without limitation, hockey leagues, skating and other sports programs, and for no other purpose unless otherwise provided herein, without the prior signed, written consent of CITY. Said services must be conducted and offered on substantially the same basis as like services are conducted and offered by other high quality ice rink arenas open to the general public. JVI may sell food or beverages to the public or patrons in the Cube only with CITY’s prior written consent and with prices approved by CITY. Uses include the following:

(a) Provide a full-service ice arena facility for the public including, without limitation, ice rental, ice hockey, ice skating and other activities that may be held at an ice arena.

(b) Provide a facility for meetings, conferences, exhibitions, banquets, fund raising events, and other uses associated with public assembly.

(c) Use by corporations, organizations, individuals or others that may use the Cube for its intended purposes, consistent with policies proposed by JVI and approved by CITY.

(d) Offer and post hours of operation consistent with a public ice arena.

(e) The sale of tickets, beverages, food, confections, clothing, novelties and publications relating to the ice arena, provided the Gross Revenue from such sales are allocated between the CITY and JVI as set forth in this Agreement.

(f) JVI may operate, or contract for operation, a food concession area in the café area of the Cube that may sell alcoholic beverages with a liquor license in compliance with all applicable local health regulations and State of California Alcoholic Beverage Control (“ABC”) Board requirements including, without limitation, licensing, bonding and insurance requirements. CITY may obtain a license (Type 47) from the State of California Alcoholic Beverage Control Board if feasible and pay all costs or fees required by the ABC. This provision in no way obligates City to procure such ABC license.

(g) Except as provided for an alcohol license, JVI or the applicable third-party vendor is responsible for obtaining all appropriate licenses, permits and permissions before the commencement of food and/or beverage sales.

Alcohol may be served within the café area after obtaining all appropriate permits, licenses and insurance coverages.

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12 (h) With the City’s review and approval of the menu, JVI or its third-party vendor must ensure that all merchandise and supplies needed for the food and beverage menu are available and adequately stocked at all times, and must account for all related revenues and expenses. JVI or its third-party vendor must maintain an accurate perpetual inventory of all food and beverage items, verify inventory levels regularly, and report those levels to the City.

(i) Rental Vendors: JVI is responsible for operating or causing a vendor to operate rentals including, without limitation, skates and related equipment.

(j) Customer Survey. JVI must create and implement a semi-annual schedule of customer surveys for individual programs and overall facility service and cleanliness, to send out to customers, subject to CITY review and approval. Results of the semi-annual surveys must be provided to CITY not later than 30 days after the survey closes. If the results of a semi- annual customer survey do not meet CITY’s reasonable satisfaction, CITY may, within 30 days of receiving such results, schedule a meeting with JVI to collaboratively review the survey results, discuss potential causes for the unsatisfactory performance, and explore strategies for improvements that are within JVI’s reasonable control. Following this meeting, JVI will have 30 days to provide CITY with a detailed, written action plan specifically outlining proposed remedial actions that are within JVI’s reasonable control. Once the action plan is approved by CITY, JVI will have one (1) fiscal quarter, the “Implementation Period,” to implement the approved plan. Following the Implementation Period, JVI will have an additional one (1) fiscal quarter, the “Performance Evaluation Period,” to show the effectiveness of the implemented action plan. – in conjunction with CITY oversight.

(k) Provide a presence by a JVI representative on the site to operate the Cube and ensure a JVI designee is available to respond to emergencies, either on site or remotely, on a 24 hour per day, 365 days per year basis.

(l) Upon request, JVI must provide consultation services to CITY regarding potential capital improvements to the Cube. This consultation includes, without limitation, providing advice on planning, design, budgeting, and the operational impact of improvements. JVI will work closely with CITY to ensure that any capital improvements align with the operational needs and sustainability of the Cube.

(m) Assist CITY in improving the Cube to ensure accessibility, general safety in accordance with Cal/OSHA standards, and overall appearance.

(n) Assume all maintenance, upkeep and operational obligation for the Cube per the Approved Annual Operating Budget, as further described in

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13 Article 3.

(o) Maintenance. Other than repairs and replacements expressly required to be made by CITY, JVI is responsible for always maintaining the Cube in good condition and repair per the Approved Operating Budget. JVI must conduct routine preventative maintenance on equipment it is responsible for in accordance with manufacturer’s maintenance requirements per the Approved Annual Operating Budget. CITY must conduct routine preventative maintenance on equipment it is responsible for in accordance with manufacturer’s maintenance requirements. Attached Exhibit C, which is incorporated by reference, is the Maintenance Responsibilities outlining CITY and JVI responsibilities which must be performed pursuant to this Agreement. JVI must keep records of all maintenance and repair activities via the CITY computer maintenance management system.

CITY will execute and maintain maintenance contracts exceeding $50,000 annually. A one-time operating budget transfer will be moved to CITY for the services for maintenance contracts that require CITY administrative oversight due to purchasing policy, as referenced in Exhibit B. JVI is responsible for serving as the onsite contact for these contracts, but will communicate with CITY designee regarding service calls.

Notwithstanding anything contained in Exhibit C to the contrary, JVI's responsibility for maintenance, repair or replacement of any item identified in Exhibit C shall not include any Capital Improvement Project or any major replacement or upgrade for which CITY is responsible under Section 10.01(g). All obligations of JVI under Exhibit C are subject to the Approved Annual Operating Budget, and JVI shall have no obligation to expend its own funds to perform any maintenance, repair or replacement required by Exhibit C.

(p) JVI must keep the interior and exterior of the Cube free of graffiti.

(q) JVI is responsible for administering and overseeing janitorial services in the entirety of the area it manages, subject to Exhibit C and the Approved Annual Operating Budget. CITY shall remain responsible for contracting and payment obligations assigned to CITY under Exhibit C.

(r) JVI agrees to conduct quarterly walk-throughs of the Cube with CITY representatives. These walk-throughs will be scheduled on mutually agreed-upon dates each quarter to assess the condition of the Cube, identify necessary maintenance, and evaluate potential capital improvements. JVI may recommend that CITY purchase major items of new or replacement equipment when JVI deems such purchase to be necessary or desirable. If acceptable to CITY, it will contract to purchase and install such items itself.

(s) JVI must comply with applicable law in the provision of its services

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14 herein.

(t) Security. JVI must establish and maintain reasonable procedures for the security of the premises including any merchandise, equipment and materials stored at the Cube. JVI is responsible for maintaining a security plan at the Cube, subject to CITY’s approval and inclusion in the Approved Annual Operating Budget.

(u) JVI, or any person, firm or corporation which controls or is controlled by JVI, may not without the prior written approval of City, during the Term, own operate or become financially interested in any Ice Arena Management business similar to the one to be operated by JVI within 50 miles of the Cube in any direction, excluding, however, any business being conducted as of the date of this Agreement. JVI’s Toyota Sports Performance Center in El Segundo, LA Kings Ice at Pickwick Gardens in Burbank, and JVI’s planned ice facility in Reseda are specifically excluded from this covenant. CITY’s approval must not be unreasonably withheld. Without limiting CITY’s remedies, if JVI violates this covenant, CITY may, at its option and for so long as JVI is operating such other business, include the Gross Revenue of such other business in the Gross Revenue made from the Cube for the purpose of computing the Annual Incentive Management Fee due hereunder.

(v) Fire Protection. In collaboration with the CITY, the Parties will take all necessary precautions in accordance with the Approved Operating Budget to prevent fire in or about the Cube, and JVI must carefully observe all rules of CITY relative to fire prevention. JVI must maintain such onsite water storage for fire prevention as may be specified or required by CITY or any other agency having jurisdiction to regulate fire prevention measures at the Cube in accordance with the Approved Operating Budget.

(w) Energy Management; Utility Efficiencies. In collaboration with the CITY, JVI must prepare an energy management program, provide proper energy management, and utilize utility conservation techniques. The parties will cooperate to identify and implement measures to reduce utility consumption at the Cube, including electricity, gas, water, sewer, and telecommunications. As JVI becomes aware of feasible measures, JVI will give CITY recommendations for reducing that consumption or its cost.

JVI's obligation under this paragraph is limited to cooperating with CITY and providing recommendations; JVI is not responsible for achieving any particular reduction in utility consumption or cost, and JVI does not control the Cube's utility systems.

(x) Compliance with City’s Obligations. JVI must operate the Cube in compliance with all terms and conditions of any ground lease, space lease, mortgage, deed of trust, or other security instrument affecting the Cube, if

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15 any, of which JVI has knowledge. JVI may not make any payments on account of any ground lease, space lease, mortgage, deed of trust, or other security instrument affecting the Cube, unless specifically instructed to do so by CITY.

(y) From and after the Start Date, JVI must maintain or cause to be maintained the Cube and common areas thereof, external and internal, in good and clean condition and repair comparable to the industry standard found at other ice skating and sports facilities in southern California in accordance with the Approved Operating Budget. This includes, without limitation, the following:

i All duties normally required to operate a skating facility;

ii Monitoring all activities in the Cube, to ensure compliance with rules and regulations proposed by JVI and approved by CITY;

iii Scheduling and reserving private lessons and club practices. JVI must promote interest in the sport of skating and, in such pursuit, plan, schedule, and oversee the conduct of tournaments, including those for which reservations were received before the Start Date;

iv Employ qualified assistants, including player assistants, to meet the public’s needs under this Agreement and to serve CITY, the general public, and skating public in an efficient and courteous manner at all times;

v Be responsible for collecting all fees and providing personnel for the collection of fees, per the Approved Annual Operating Budget.

JVI may, and is expected to, recommend fee amounts to CITY.

CITY may, in its sole discretion, approve or disapprove of such recommendations. Under no circumstances will a fee increase occur before CITY has approved.

vi Review costs with CITY on a monthly basis;

vii Cooperate with CITY’s Recreational Programs and agree that such programs may have fees waived or discounted;

viii Conduct weekly onsite meetings at the Cube between CITY’s designee and the Cube’s General Manager;

ix Permit CITY to freely distribute promotional or informational literature to patrons at the Cube;

x Issue and honor reservation and/or discount cards to customers;

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16 xi Recommend to CITY the design and placement of advertising and signage on the Cube and, if approved by CITY at CITY’s sole discretion, implement such recommendations;

xii Provide such security, including alarm systems, as JVI deems necessary or appropriate for the protection of the Cube, per the approved operating budget JVI. must consult with CITY regarding any additional security that may be deemed necessary or appropriate; and

xiii Obtain any necessary license or permit for operating the Cube, per the Approved Annual Operating Budget.

xiv First floor rental space: JVI is responsible for negotiating with vendors to operate rental spaces within the Cube utilizing a form approved by the City Manager, or designee and subject to JVI’s approval.

(z) Hockey Leagues; Skating and Other Sports Programs. JVI must provide all staffing, supplies, furniture, fixtures, equipment, inventory for sale, amenities, routine maintenance, repairs, and services and other items as may be required to support the operation and management of a quality municipal ice facility, per the Approved Annual Operating Budget. JVI will provide programming opportunities for participants of all ages and abilities, including but not limited to:

i Leagues (youth and adult) for in-house ice programs;

ii Learn-to-Skate and Learn-to-Play programs;

iii Public skating sessions; birthday parties;

iv Summer, holiday, and track-out camps;

v Hockey and figure skating clinics;

vi Contract ice rentals; and

vii Other sports programming to maximize Cube revenue use.

(aa) Program Offerings. JVI must work with CITY to enhance recreational program offerings at the Cube. CITY may always program areas within the Cube.

(bb) In addition to the above, JVI will be responsible for providing all services

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17 at the Cube including, at a minimum, the following services and activities:

i Manage equipment rentals.

ii Supervise and control the reservation process, e.g., ice times and tournaments, and permit uses with third parties accordingly.

iii Collect and deposit all daily revenues including, without limitation, monies from ice rental fees, merchandise sales, equipment rentals, lessons, tournaments, and gift certificate sales.

iv Schedule and facilitate tournaments, clinics and promotions that meet CITY’s image and priorities.

v Accommodate CITY’s use of the Cube for non-traditional events including, without limitation, permitted film activity, expositions, conferences and meetings.

vi Provide diverse ice sports programming as well as other recreational type activities.

vii Attend meetings, as requested, with CITY to provide updates on the Cube-related matters.

viii Work cooperatively and collaboratively with CITY to provide a positive experience for all users.

ix Clean and maintain the Cube in a manner such that it is attractive to guests and the public in accordance with the Approved Operating Budget.

Section 6.04 Grievance Complaint Procedure

(a) JVI agrees to install, maintain and operate the following suggestions- complaint procedure for the Cube. JVI must post and keep posted on the bulletin board the following notice:

“Any person desiring to present any suggestion or complaint concerning the operation or condition of the Cube must present same verbally to the Cube General Manager. If satisfaction is not obtained, the suggestion or complaint must be followed up in writing to the Cube General Manager, with a copy to be mailed to the City Manager or his designee, City of Santa Clarita, 23920 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355.”

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18 (b) Subject to the provisions of the JVI Agreement, both CITY and JVI must in good faith endeavor to respond positively and favorably to such suggestions and complaints.

Section 6.05 Operating Documents. The operating documents, the purchasing policy, and the training materials for the Cube are incorporated into this Agreement as identified Exhibits. CITY will provide these materials to JVI. Each is attached and referenced as a specific Exhibit, and no such Exhibit modifies the terms of this Agreement. These materials detail the expectations described in this Agreement, and may relate to such items as purchasing policy, financial documents, preventative maintenance schedule, contract templates, and policy and procedure thresholds.

Section 6.06 Marketing Plans. JVI must prepare, implement, and administer marketing plans for the Cube. JVI will incorporate the Cube in JVI’s other marketing programs in southern California. JVI will use its commercially reasonable efforts consistent with the Approved Annual Operating Budget, to reasonably market, advertise, and promote the Cube.

Section 6.07 Technology. JVI must administer and provide technical support for all aspects of technology within the Cube, including hardware, and software, such as the point of sale (“POS”) system for the Cube, which must track all of the revenue generated at the Cube by day, time, and program category. JVI must cooperate with CITY on the licensing of POS / website / scheduling and other specialty software and hardware specific to the Cube. JVI must maintain interoperability with its own accounting systems.

Section 6.08 Equipment/Systems Failure. JVI is responsible for ensuring all technology systems are properly maintained, updated, and repaired in a timely manner, with minimal downtime to patrons. Where applicable, JVI may seek assistance from CITY for systems of joint use.

Section 6.09 Software/Licensing. JVI is responsible for proper licensing and funding of all necessary software, inclusive of operating systems, office productivity, anti-virus, website hosting, and other specialty software for use by its staff for management of the Cube, per the Approved Annual Operating Budget.

Section 6.10 Day-to-Day Support. JVI is responsible for supporting the Cube’s technology systems, inclusive of software, hardware, as well as customer service to patrons per the Approved Annual Operating Budget. Where practicable, JVI may seek assistance from CITY for systems of joint use. Additionally, JVI is responsible to safeguard its technology from cybersecurity attacks and must maintain appropriate solutions to mitigate and respond to such attacks.

Section 6.11 Cybersecurity. If JVI’s systems are breached or a cybersecurity threat takes place, JVI must report it to CITY promptly and not later than 24 hours.

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19 Section 6.12 Cooperation with Lender. If at any time during the Term, CITY enters into a financing agreement for the Cube pursuant to which CITY grants one or more lenders a lien on the Cube or a security interest in some or all of the income generated by the Cube, JVI must cooperate in all respects as reasonably necessary to consummate such financing and comply with the terms and conditions thereof.

Without limiting the generality of the foregoing, JVI must, if requested by CITY, (a) execute and deliver such documentation (e.g., estoppel certificate and/or lender consent and recognition agreement) as may be reasonably requested by the lender(s); (b) create and maintain such lockbox and/or disbursement accounts as may be required pursuant to the financing agreement; and (c) deposit funds into and disburse funds from such accounts in accordance with the requirements of the financing agreements.

Section 6.13 General. JVI must provide such direction, supervision, professional management, and in-house consulting staff services as may be necessary or desirable to operate the Cube in a manner at least equal to that which is usual and customary in the operation of other properties of substantially comparable location, class, size, and standing, and JVI must provide such services for the Cube as are consistent with the Cube’s size and facilities. Subject to the limitations set forth in this Agreement, JVI must have control and discretion in the management and operation of the Cube and the provision of the services described in this Agreement.

Section 6.14 JVI cannot convey any information from the customer database created from operating the Cube to any person or entity without CITY’s prior consent, except as necessary to perform the services herein.

Section 6.15 Notwithstanding anything to the contrary in this Agreement, in the event of an emergency in which there is an immediate danger to persons or property or which action is required to avoid suspension of services, JVI must take such action as is reasonable and prudent under the circumstances. JVI must inform CITY promptly, but not more than 24 hours after such emergency is determined. All such emergency expenses must either be incurred directly on CITY’s behalf or incurred by JVI and promptly paid by CITY to JVI (or disbursed to JVI from the Disbursement Account). Nothing in this Agreement grants JVI authority to settle potential claims arising from such incidents.

Section 6.16 Settlement of Claims. JVI may not settle, compromise, or consent to entry of judgment on any claim, action, suit, or other legal proceeding relating to the Cube if the settlement, compromise, or judgment is to be paid, in whole or in part, from City funds in the Disbursement Account, unless CITY first consents in writing. CITY must not unreasonably withhold, condition, or delay that consent.

(a) If CITY withholds, conditions, or delays consent to a proposed settlement, JVI is not in breach of this Agreement and has no liability for any

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20 increased judgment, award, settlement amount, attorneys’ fees, or other costs resulting from the failure to settle; those amounts remain CITY’s responsibility to the same extent as the proposed settlement. This Section does not limit JVI’s right to settle any claim paid solely from JVI’s own funds or an insurer’s funds, and it does not affect any insurer’s rights under the policies required by the Insurance Article of this Agreement.

(b) JVI must present any claim for damage or injury relating to the Cube to CITY through the ordinary claims process under California law before any payment is made. CITY will determine whether to settle or reject the claim. JVI may not spend any City funds to settle or pay a claim without CITY’s approval, and JVI is not responsible for a claim CITY rejects unless as otherwise provided for in this Agreement.

Section 6.17 JVI must, on CITY’s behalf, supervise and purchase or arrange for the purchase of all reasonable inventories, provisions, supplies, and operating equipment which are provided for in the Approved Annual Operating Budget or otherwise approved by CITY. To the extent available, JVI must obtain for CITY all volume purchasing benefits and discounts that are available to JVI.

Section 6.18 Event Reservation. With CITY’s prior consent, which consent must not be unreasonably withheld, JVI may allow corporations, organizations, individuals or others reserve the Cube, or any part of it, for special events. Such events must utilize the Cube for its intended purposes, consistent with policies approved by CITY. The Gross Revenue from such reservations must be allocated between CITY and JVI as set forth in this Agreement. Any reservation agreement for the use of the Cube is subject to the terms of this Agreement.

ARTICLE 7 PROHIBITED USES.

Section 7.01 Campaigning. The Cube must not be used by JVI for the purpose of working or campaigning for the nomination or election to any public office, whether partisan or nonpartisan. However, JVI is not precluded from renting all or a portion of the Cube to persons or entities that engage in such political activities, on such terms as otherwise available for commercial use.

Section 7.02 Safety; Environmental Matters. To ensure the safety of the public, these safety precautions will be always followed: Smoking is strictly prohibited on the Cube and the surrounding area.

Section 7.03 Neither Party may knowingly use or allow the Cube to be used for any unlawful purpose, nor knowingly cause, maintain, or permit any nuisance or waste in, on, or about the Cube.

ARTICLE 8 CITY’S PROPERTY RIGHTS

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21 Section 8.01 CITY’s Exclusive Right to Use the Cube. JVI understands that this Agreement grants it access to the Cube only; it is not a lease and JVI does not have a right to occupancy or quiet enjoyment. JVI is CITY’s operator and manager for the Cube. Consequently, CITY may use all or part of the Cube for its own purposes upon reasonable notification to JVI, subject to any third-party contractual commitments. To calculate the Annual Incentive Management Fee, Gross Revenue includes any Gross Revenue that JVI would reasonably have generated but for closures or restrictions that CITY imposes. JVI must determine the amount of this deemed Gross Revenue in good faith, using the average Gross Revenue generated from comparable dates, times, and facilities during the preceding 12 months. This calculation is based on JVI's past performance at the Cube consistent with the approach used during the prior five-year term. No other category of lost revenue is included.

Section 8.02 Name of Cube. JVI agrees that the name of the Cube is and must be referred to as “The Cube: Ice and Entertainment Center.”

Section 8.03 Sponsorships. CITY retains all rights to assets for sponsorship and advertising opportunities. JVI may propose sponsorship and advertising offers; however, no commitments may be made without CITY’s prior written consent. If a sponsorship proposal is approved by CITY, all sponsorship revenues shall be received by CITY. JVI acknowledges that, for approved sponsorships, JVI and its contractors may be required to coordinate with CITY to ensure sponsor agreements are properly implemented and fulfilled. Such coordination may include, but is not limited to, interior and exterior signage, in-ice logos, banners, dasher boards, skate passes, and other approved sponsorship integration elements, as applicable.

ARTICLE 9 STANDARDS OF SERVICE

Section 9.01 HOURS OF OPERATION.

(a) The Cube must be open for business at minimum from 7:00am to 9:00pm, excluding certain holidays, unless closed due to inclement weather, safety, and/or emergency.

(b) JVI is allowed to change the hours of operation for all the Cube facilities subject to CITY’s approval.

ARTICLE 10 CITY’S OBLIGATIONS

Section 10.01 CITY’S REPRESENTATIONS. CITY represents that

(a) The present use and operation of the Cube is authorized by, and complies with, all applicable federal, state, and local laws;

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22 (b) No current or past legal or administrative action affects the use of the Cube for its intended purposes;

(c) To the best of CITY’s knowledge, the Cube does not have any physical defects that would affect using the Cube for its intended purposes;

(d) Parking Lot (solar) / Landscaping: CITY will maintain parking lot and outside landscaping.

(e) Waste Hauling: CITY will maintain responsibility for waste hauling.

(f) Utilities: CITY will administer and pay for utilities – including electric, gas, water and sewer.

(g) CITY is solely responsible for Capital Improvement Projects. For purposes of this Agreement, “Capital Improvement Projects” mean major, non-routine projects involving the construction, reconstruction, replacement, renovation, alteration, or improvement of the Cube or its major building systems that materially extend the useful life, capacity, structural integrity, or value of the facility. Such projects include, without limitation, major replacements or upgrades to roofing, structural components, refrigeration systems, HVAC systems, dasher boards, flooring, plumbing, electrical infrastructure, or other major building systems. Capital Improvement Projects also include full-building or large- scale repainting projects and similar facility-wide improvements.

Capital Improvement Projects do not include routine maintenance, minor repairs, operational upkeep, preventative maintenance, or cosmetic touch- up work performed in the ordinary course of operations, including minor or localized painting and patching.

Section 10.02 ACTIVITIES BEFORE START DATE. From and after the date of this Agreement through the Start Date, CITY will do the following:

(a) Assist JVI in obtaining any approvals, licenses or permits that are necessary or appropriate to operate the Cube in the manner provided herein.

(b) Deliver to JVI a list of personal property belonging to CITY located at the Cube which will be attached as Exhibit D and incorporated herein.

Section 10.03 ACTIVITIES FROM AND AFTER START DATE. From and after the Start Date and throughout the term of this Agreement, CITY will perform the following:

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23 (a) Promote the Cube in cooperation with JVI; provided, however, that CITY is not obligated to incur any financial obligations concerning such promotion without CITY’s prior written consent.

(b) Continue to assist and cooperate with JVI in maintaining any approvals, licenses, or permits necessary or appropriate to operate the Cube.

(c) Hardware/Systems. CITY must procure standard items and provide training/access for JVI to manage including PCs, digital signage, and other administrative needs.

ARTICLE 11 CITY CONTACT/INSPECTION OF PREMISES

Section 11.01 CITY CONTACT. CITY’s Recreation and Community Services Director or designee (“Director”) will be CITY’s the Cube coordinator.

ARTICLE 12 ASSIGNMENT, TRANSFER AND SUBLETTING

Section 12.01 The Parties understand that JVI’s professionalism and reputation in the industry is a primary inducement to CITY for entering into this Agreement. For this reason, JVI cannot assign any portion of or interest in this Agreement without CITY’s prior written consent. CITY will not unreasonably withhold or delay its consent, and will cooperate with JVI in signing any documents reasonably necessary to accommodate an assignment, if JVI assigns this Agreement to

(a) Its affiliate; or

(b) An entity in which JVI owns a controlling interest.

ARTICLE 13 INDEMNIFICATION

Section 13.01 INDEMNITY.

(a) JVI’s Status. JVI is not an agent, partner, or employee of CITY and any provision in this Agreement that may appear to give CITY the right to direct JVI as to the details of doing work or to exercise a measure of control over the work means that JVI must follow the direction of CITY as to end results of the work only. CITY is not responsible for the wages or salaries of any employee or representative of JVI, nor for any debts, liabilities or other obligations of JVI, except as otherwise set forth herein.

JVI and its employees are not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.

(b) Indemnification. To the fullest extent permitted by law, JVI must defend (with legal counsel reasonably acceptable to CITY and CITY’s consent

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24 cannot be unreasonably withheld), indemnify and hold harmless CITY and its elected and appointed officials, officers, agents, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of JVI or its sub-consultants), expense and liability of every kind, nature and description to the extent that they arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of experts or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1) JVI’s performance of Services under this Agreement, or any part thereof; (2) any negligent act or omission of JVI, any sub-consultant, anyone directly or indirectly employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequence directly resulting from materials supplied by JVI in the performance of this Agreement; or (4) any breach of this Agreement by JVI (collectively “Liabilities”). These obligations do not apply to the extent the Liabilities are caused by the negligence or willful misconduct of any Indemnitee.

(c) Indemnification by CITY. To the fullest extent permitted by law, CITY must defend (with legal counsel reasonably acceptable to JVI and JVI’s consent not unreasonably withheld), indemnify, and hold harmless JVI and its affiliated entities and each of their members, managers, officers, agents, representatives, and employees (collectively “JVI Indemnitees”) from and against any and all claims, loss, cost, damage, injury, expense, and liability of every kind, nature, and description (including, without limitation, court costs, attorneys’ fees, and litigation expenses) to the extent that they arise from or relate to, directly or indirectly, in whole or in part, from: (1) the negligence or willful misconduct of CITY or any sub- contractor, anyone directly or indirectly employed by them, or anyone that they control; (2) structural defects, latent defects, ADA compliance of the building, building systems, and Capital Improvement Projects for which CITY is responsible under or takes responsibility for under this Agreement; or (3) any breach of this Agreement by CITY. These obligations do not apply to the extent the Liabilities are caused by the negligence or willful misconduct of any JVI Indemnitee.

(d) The foregoing indemnification provisions will not reduce or affect other rights or obligations which would otherwise exist in favor of a party and other indemnitees. In every sub-consulting agreement relating to the Cube, and in every agreement with a person reserving the Cube for a special event, the contracting Party must require the sub-consultant or user to indemnify, and to carry insurance in favor of, both CITY and JVI (and

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25 their respective indemnitees) equally.

(e) Insurance. The requirements as to the types and limits of insurance coverage to be maintained by JVI as required by this Agreement, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by JVI pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

(f) CITY and JVI must each give prompt notice to the other of the commencement of any action, suit, or other legal proceeding against CITY or JVI with respect to the operations of the Cube or otherwise affecting the Cube. The parties must fully cooperate in connection with the prosecution of defense of all legal proceedings affecting the Cube.

(g) Survivability. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

ARTICLE 14 INSURANCE.

Section 14.01 Insurance (JVI). JVI must procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with JVI’s occupancy, use, development, maintenance, restoration or improvement under the contract and the results of that work by any of JVI’s contractors, or contractor’s agents, representatives, employees, or subcontractors. Maintenance of specified insurance coverage is a material element of this contract and JVI’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this contract constitutes a material breach of this Agreement.

Section 14.02 Commercial General Liability (“CGL”): Insurance written on an ISO Occurrence form CG 00 01 07 98 or an equivalent form providing coverage at least as broad which must cover liability arising from any and all personal injury or property damage in the amount of $5 million per occurrence and subject to an annual aggregate of $10 million. There must be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs must be outside the limits of the policy.

Section 14.03 Employment Practices (EPLI): employment liability insurance reasonably consistent with the size and scope of the Cube’s operations.

Section 14.04 Causes of Loss - Special Form Property Insurance: JVI must obtain and maintain, at its sole cost, Causes of Loss - Special Form Property Insurance on all JVI’s insurable property, related to the allowed uses of the property under this contract or the premises in an amount to cover the replacement cost.

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26 Section 14.05 Sexual Abuse & Molestation: JVI must obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

Section 14.06 NOT APPLICABLE.

Section 14.07 Liquor Liability: If JVI serves liquor, JVI must provide evidence that its General Liability Policy includes coverage for host liquor liability.

Section 14.08 Insurance (third party agreements). JVI must place in its sub- consulting agreements and cause its sub-operators to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement, unless otherwise approved by the City Manager, or designee. To the extent permitted by law and subject to CITY’s contracting requirements and approval processes, CITY shall require its contractors, consultants, and service providers performing work at the Cube to provide commercially reasonable indemnity and insurance protections in favor of JVI and its officers, directors, employees, agents, and affiliates for claims arising out of such contractor’s or consultant’s operations, acts, or omissions.

Section 14.09 Additional Insured; Co-Party Status. In CITY’s contracts relating to the Cube, JVI will be named as an additional insured and identified at the same level as CITY, including as a named defendant, to the extent of the operations JVI performs under this Agreement. The parties will conform the relevant insurance and contract language to give effect to this provision.

Section 14.10 Waiver of Consequential Damages. CITY is not liable to JVI nor is JVI liable to CITY for any consequential damages incurred by either party due to the fault of the other, regardless of: the nature of this fault; or whether it was committed by CITY or JVI, their employees, agents, or subcontractors; or whether such liability arises in breach of contract or warranty, tort (including negligence), statute, or any other cause of action. Consequential damages include, without limitation, loss of use and loss of profit.

Section 14.11 CGL. Commercial general liability insurance will meet or exceed the requirements of the most current ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon 30 days prior written notice to CITY.

Section 14.12 Auto. Automobile coverage will be written on ISO Business Auto

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27 Coverage Form CA 00 01 06 92 (Any Auto).

Section 14.13 Certificates. JVI will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”

Section 14.14 Replacement Coverage. Should JVI, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at JVI’s expense and charge the cost of such insurance to JVI under this Agreement.

Section 14.15 General Property Insurance. Other than as expressly set forth in this Section 14, the CITY will insure the Cube to the extent it deems necessary, as the CITY has borne, and will continue to bear, the overall risk of loss with respect to damage or destruction of the Cube. See Article 16 below for more specificity regarding damage or destruction of the Cube.

ARTICLE 15 RELATIONSHIP OF PARTIES.

Section 15.01 No Partnership Formed. CITY is not, and will not in any way or for any purpose become, an agent, partner or joint venturer of JVI in its business or otherwise.

Section 15.02 Conflict of Interest. JVI warrants and covenants that no official or employee of CITY nor any business entity in which an official or employee of CITY is interested; (1) has been employed or retained to solicit or aid in the procuring of this contract; (2) will be employed in the performance of this contract. In the event CITY determines that the employment of any such official, employee or business entity is not compatible with such official's or employee's duties as an official or employee of CITY, JVI, upon request of CITY, must terminate such employment immediately. Nothing in this section prohibits CITY and JVI from cross-marketing or jointly marketing programs, classes and other events with CITY departments.

ARTICLE 16 DAMAGE OR DESTRUCTION OR TAKING OF PROPERTY

Section 16.01 In the event all or part of the Cube is damaged or destroyed by any act or omission beyond the control of either JVI or CITY, such that the operation of the Cube is adversely impaired, any payments under this Agreement may be adjusted during the period reasonably necessary to repair or rebuild the affected part of the Cube.

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28 Section 16.02 If all or part of the Cube is acquired by eminent domain or purchase in lieu thereof, JVI acknowledges that it has no claim to any compensation, including goodwill, awarded for the taking of the Cube or any portions thereof.

Notwithstanding the foregoing, Payments due to CITY from JVI will be adjusted to take into account the effect a condemnation has on JVI’s use and enjoyment of the remainder of the Cube. In the event the Cube is rendered unfit for its intended purpose as a result of a condemnation, this Agreement will terminate on the date the condemning agency takes possession of the Cube.

Section 16.03 JVI acknowledges that CITY is a public entity and that the Cube was previously acquired by CITY for a public purpose. JVI further acknowledges that any rights acquired under this Agreement arose after the date of acquisition of the Cube and that said rights are subject to termination should CITY need the Cube.

JVI acknowledges that at the time of said termination of this Agreement by CITY, it will not be a “displaced person” entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal Law.

ARTICLE 17 HAZARDOUS SUBSTANCE

Section 17.01 Hazardous Materials. Hazardous Material means any substance, chemical, or waste identified as hazardous, toxic, or dangerous under any applicable federal, state, or local law or regulation, including petroleum and asbestos. To CITY’s knowledge, neither CITY nor any third party has used, generated, stored, or disposed of any Hazardous Material on, under, or within the Cube in violation of any law or regulation. JVI must not use, generate, store, or dispose of any Hazardous Material on, under, or within the Cube in violation of any law or regulation. Each Party must defend and indemnify the other, to the extent stated in this Agreement, against all losses, liabilities, claims, and costs arising from that Party’s breach of this Section; provided that JVI is not responsible for, and CITY retains responsibility for, any Hazardous Material present at the Cube before the Start Date or brought onto, released at, or generated at the Cube by CITY or by third parties not under JVI’s control.

ARTICLE 18 RETENTION SCHEDULE; CONFIDENTIAL INFORMATION.

Section 18.01 JVI understands and agrees that CITY is a public entity subject to various federal and state transparency laws including, without limitation, the California Public Records Act and court orders (collectively, the “CPRA”). JVI is required by the CPRA and this Agreement to preserve all “writings” related to this Agreement including, without limitation, electronic communications.

Writings include electronic mail, voicemail, texts, video, and social media posts.

All such writings must be retained in accordance with CITY’s retention schedule which requires a minimum retention of two years.

Section 18.02 CITY, acting through the City Attorney, is responsible for determining

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29 and advising JVI in writing what records are required to be preserved, collected, or produced under the CPRA, and JVI may reasonably rely on that determination.

JVI’s obligations under this Article are limited to records in JVI’s possession, custody, or control that the City Attorney identifies. Notwithstanding Section

3.03(a) or any other provision of this Agreement to the contrary, CITY must reimburse JVI for all reasonable costs and expenses incurred in reviewing, or producing such records, including staff time, third-party vendor and technology costs, and reasonable attorneys’ fees, whether or not such amounts are included in the Approved Annual Operating Budget.

Section 18.03 JVI may assert that certain writings constitute “Confidential Information.” Such writings mean any financial, tenanting, physical improvement, or retail strategy information relating to the Cube provided by JVI to CITY on or after the Effective Date (whether in written, graphic, electronic or any other form) that is clearly marked as “CONFIDENTIAL/ PROPRIETARY
INFORMATION.”

Section 18.04 The Parties must use good faith efforts to prevent disclosure of the Confidential Information to any third party or parties. Notwithstanding the preceding sentence, a Party may disclose Confidential Information to its officials, employees, agents, attorneys and advisors, but only to the extent necessary to carry out the purpose for which the Confidential Information was disclosed.

Section 18.05 In the event the City Attorney determines that the release of Confidential Information may be required by the CPRA or order of a court of competent jurisdiction, CITY agrees to notify JVI of CITY’s intention to release the Confidential Information. JVI has five business days after receiving CITY’s notice to intervene in the potential release of Confidential Information. Upon such notification, CITY will refrain from releasing information until such time as either JVI confirms in writing that it may be released or obtains a protective order from a court of competent jurisdiction preventing its release. In either instance, JVI remains obligated to defend (with counsel acceptable to CITY), indemnify, and hold CITY harmless from any claims, liabilities and damages (including attorney fees and cost awards) arising out of non-disclosure solely to the extent JVI has such information under its control and refuses to provide it. Notwithstanding the foregoing, JVI shall have no liability or obligation to defend, indemnify, or hold CITY harmless with respect to the preservation, withholding, disclosure, or non- disclosure of any record to the extent JVI acted in reasonable reliance upon the written determination, instruction, or direction of the City Attorney.

Section 18.06 To the greatest extent permitted by California law, each Party (the “Indemnifying Party”) must indemnify, hold harmless, and defend (with counsel reasonably acceptable to the other Party) the other Party and its officers, directors, officials, employees, agents, affiliates, commissions, boards, members, managers and volunteers, as applicable, from and against any and all claims, demands, causes of action, damages, costs, liabilities, judgments, penalties, fines, losses or

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30 expenses (including awards of attorneys’ fees and/or litigation costs) to the extent arising from the Indemnifying Party’s failure or refusal to preserve, provide, produce, or protect information in such Party’s possession, custody, or control as required under this Article. Notwithstanding the foregoing, JVI shall have no liability or obligation under this Section to the extent JVI acted in reasonable reliance upon the written determination, instruction, or direction of the City Attorney.

ARTICLE 19 DEFAULT

Section 19.01 The occurrence of any one or more of the following events constitutes a material default (“Default”) of this Agreement by JVI.

(a) The abandonment, vacation, or discontinuance of operations on the Cube for more than one day unless discontinuance of operations has been previously approved by the CITY in writing.

(b) The failure of JVI to make any payment required to be made by JVI hereunder, after 10 days' written notice from CITY of non- payment.

(c) The interest of JVI in the Agreement is assigned, transferred, passes to or devolves upon, by operation of law or otherwise, to any other person, firm, or corporation without CITY’s prior written consent.

(d) The failure to maintain the Cube and the improvements constructed thereon in a state of repair required by this Agreement, and in a clean, sanitary, safe condition, subject to the Approved Annual Operating Budget providing sufficient funds to do so, where such failure continues for more than 15 days after written notice from CITY for correction thereof.

(e) Deterioration of service for any period which materially and adversely affects the operation or service required to be performed by JVI under the Agreement which is not corrected within 30 days after written notice from CITY for correction thereof; and the failure to maintain service standards thereafter.

(f) The failure of JVI to comply with applicable law, where such failure continues for more than 15 days after written notice from CITY for correction thereof.

(g) The filing of a voluntary petition in bankruptcy by JVI, the adjudication of JVI as bankrupt, the appointment of any receiver of JVI's assets, the making of a general assignment for the benefit of creditors, and/or a petition or answer seeking a reorganization of JVI under the federal bankruptcy laws or any other federal or state laws.

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31 (h) JVI's misrepresentation or inaccuracy of facts in its required forms, documents, and submittals required as part of this Agreement or in the submittals in the solicitation and selection of a JVI to perform the services under this Agreement.

(i) The filing of any lien or stop notice on account of JVI where such lien/notice is not removed or enjoined and/or a bond for satisfaction of such lien is not posted within ten (10) days.

(j) The failure of JVI to operate in the manner required by this Agreement, or JVI's breach of or default under any provision of this Agreement not otherwise specified above in this Section, where such failure or default continues for more than 30 days after written notice from the CITY to correct the condition specified unless such failure by JVI is causing immediate harm to CITY in which event CITY is not required to provide notice and opportunity to cure, but may immediately terminate.

ARTICLE 20 REMEDIES.

Section 20.01 In the event of a Default by JVI, CITY may:

(a) Terminate this Agreement in which case JVI must immediately surrender possession of the Cube and all CITY-owned personal property to CITY.

Section 20.02 Remedies Cumulative. It is understood that the remedies herein provided for a Party in case of a violation of the terms of this Agreement by the other Party are cumulative and not exclusive, and are in addition to the remedies provided by law or at equity, and any of which remedies a Party must have the right to use at its option.

ARTICLE 21 TERMINATION

Section 21.01 Termination by either Party. Either party may terminate this Agreement for any reason, i.e., with or without cause, upon delivering ninety (90) days prior written notice to the other party. Upon such termination, all amounts set forth herein shall be prorated to the effective date of termination.

Section 21.02 The following constitute grounds for termination by CITY for cause, in which case JVI may only receive reimbursement for expenses incurred under this Agreement through the effective date of termination:

(a) If JVI fails to observe or perform any of its obligations under this Agreement, and such failure continues for 30 days after written notice thereof has been given by CITY to JVI or occurs repeatedly;

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32 (b) If JVI suspends or discontinues business;

(c) If a court enters a decree or order for relief in respect of JVI in an involuntary case under federal bankruptcy laws or any other applicable federal or state bankruptcy, insolvency, or other similar law, or appoints a receiver, liquidator, assignee, custodian, trustee, or similar official of JVI, and such decree or order continues unstayed and in effect for a period of 60 consecutive days; and

(d) If JVI commences a voluntary case or action under the federal bankruptcy laws or any other applicable federal or state bankruptcy, insolvency, or other similar law, or consents to the appointment of or taking possession by a receiver, liquidator, assignee, custodian, trustee, or similar official of JVI or fails generally to pay its debts as such debts become due, or takes any action in the furtherance of any of the foregoing.

Section 21.03 Orderly Transition. In the event of any termination of this Agreement, (i) JVI must (a) immediately deliver to CITY all files and documents in JVI’s possession or control, including those being held according to retention schedule, relating to the Cube, and (b) cooperate with CITY to effect an orderly transition of the management and operation of the Cube and (ii) CITY must promptly pay JVI amounts owed to JVI under this Agreement. The obligations set forth in this Section survive the termination of this Agreement.

Section 21.04 Rights Which Survive Termination or Expiration. The termination of this Agreement does not terminate or prejudice (a) any right arising out of or accruing in connection with the terms of this Agreement attributable to events and circumstances occurring before termination; or (b) any rights or obligations specified in this Agreement to survive termination.

ARTICLE 22 MISCELLANEOUS.

Section 22.01 Notices. Any notices relating to this Agreement must be in writing and either sent by registered or certified mail postage pre-paid, or delivered by hand or overnight courier as set forth below or to other such addresses as the respective Parties hereto may designate in writing. Notice may also be given by email, provided an acknowledgment receipt is given. Notices must be effective on the date of receipt. Notices must be sent to the following:

OWNER:

City Manager
City of Santa Clarita
23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355

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33 (661) 255-4901

JVI:

Mr. Brad Berman
American Sports Entertainment Company, LLC
1820 East Ray Rd.

Chandler, AZ 85225
Tel: (480) 264-5123

With a copy to:

Mr. Gary Worobow, Esq.
[email protected]
Tel: (212) 644 9691

Section 22.02 Waiver of Contract Terms. No waiver by either Party at any time of any of the terms, conditions, or covenants of this Agreement must be deemed as a waiver at any time thereafter of the same or of any other terms, conditions, or covenants herein contained, nor of the strict and prompt performance thereof. No delay, failure or omission of CITY to re-enter the Cube or to exercise any right, power, privilege, or accrued to CITY in the event of a Default by JVI is construed as a waiver of such default or a relinquishment of any right or acquiescence therein. No notice to JVI is required to restore or revive time as of the essence after the waiver by the CITY of any default. No option, right, power, remedy, or privilege of CITY must be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options, and remedies given to the CITY by this Agreement must be deemed cumulative.

Section 22.03 Non-Discrimination. JVI and JVI's employees must not discriminate because of sex, sexual orientation, race, religion, age, color, disability, or national origin, against any person by refusing to furnish such person any accommodation, facility, service or privilege offered to or enjoyed by the general public. Nor must the JVI or JVI's employees publicize the accommodations, facilities, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of sex, sexual orientation, race, religion, age, color, disability, or national origin. In the performance of this Agreement, JVI will not discriminate against any applicant because of sex, sexual orientation, race, religion, age, color, disability, or national origin.

Section 22.04 Entire Agreement. This Agreement is intended by the Parties as the complete and final expression of their agreement with respect to the subject matter hereof and may not be contradicted by evidence of any prior or contemporaneous agreement. This Agreement specifically supersedes any prior written or oral agreements between the Parties with respect to the subject matter hereof.

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34 Section 22.05 Authority of Parties/Signatories. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.

Section 22.06 Force Majeure. Neither Party is liable for, and the time for performance of any obligation (other than the payment of money then due) will be extended by, any delay or failure in performance caused by events beyond that Party’s reasonable control including, without limitation, acts of nature, epidemic or pandemic, public health orders, war, terrorism, civil unrest, labor disputes, utility or telecommunications failures (“Force Majeure”). The affected Party will give the other Party prompt written notice of the Force Majeure event and will use commercially reasonable efforts to resume performance as soon as practicable.

Section 22.07 Safe Harbor. It is the intention of the Parties that this Agreement satisfy the safe harbor conditions under Revenue Procedure 2017-13, 2017-6 I.R.B. 787, such that the management of the Cube by the JVI does not result in private business use of the portion of the Cube financed with the proceeds of tax- exempt bonds. If it is determined that this Agreement does not satisfy the conditions for the safe harbor treatment under Revenue Procedure 2017-13, the Parties must re-negotiate the Agreement, or applicable portions thereof, in good faith to meet the conditions required for such safe harbor treatment. JVI agrees not to claim any depreciation or amortization deduction, investment tax credit, or deduction for any payment as rent with respect to the Cube relating to the portion of the Cube financed with the proceeds of tax-exempt bonds.

Section 22.08 Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

Section 22.09 Governing Law. This Agreement was drafted in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement is Los Angeles County.

Section 22.10 Headings. The headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of this Agreement.

Section 22.11 Time Is of Essence. Time is of the essence in the performance of all obligations pursuant to this Agreement.

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35 Section 22.12 Rules Of Construction. This Agreement has not been drafted or prepared by either party hereto, the same being a fully negotiated Agreement.

Thus, the Parties expressly agree that any rule of construction regarding interpretation in favor of one or the other party by reason of the party drafting the Agreement does not apply.

Section 22.13 Exhibits. The Exhibits which are referred to herein and attached hereto (currently or within 30 days) will become a part of this Agreement as if set forth herein verbatim.

Section 22.14 Acceptance Of Facsimile Signatures/Counterparts.

(a) The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

(b) This Agreement may be executed in any number of counterparts, each of which is an original, but all of which together constitutes one instrument executed on the same date.

IN WITNESS WHEREOF the Parties hereto have executed this contract the day and year first hereinabove written.

CITY OF SANTA CLARITA,
a municipal corporation.

_____________________________
KENNETH W. STRIPLIN
City Manager

ATTEST:

_____________________________
City Clerk

APPROVED AS TO FORM:

JOSEPH M. MONTES, CITY ATTORNEY

By: ________________________________

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36 JV Ice at the Cube, LLC, a California limited liability company By: American Sports Entertainment Company, LLC, an Arizona limited liability company, Managing Member

By: __________________________
Brad Berman, President

ATTACHMENTS

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Santa Clarita City CouncilSeptember 22, 2026

Santa Clarita City Council
September 22, 2026