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2026-03-04 - Regular City Council Agenda Packet
Mayor CITY OF RANCHO CUCAMONGA L. Dennis Michael REGULAR MEETING AGENDA Mayor Pro Tem March 4, 2026 Lynne B. Kennedy 10500 Civic Center Drive Members of the City I* Rancho Cucamonga, CA 91730 Council: Ryan A. Hutchison Kristine D. Scott Ashley Stickler FIRE PROTECTION DISTRICT BOARD—CITY COUNCIL HOUSING SUCCESSOR AGENCY-SUCCESSOR AGENCY— PUBLIC FINANCE AUTHORITY CLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M. REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It is the intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at https://www.citVofrc.us/your-government/city-council-agendas or by D0 contacting the City Clerk Services Department at 909-774-2023. Live Broadcast available on Channel 3 (RCTV-3). For City Council Rules of Decorum refer to Resolution No. 2023-086. o Any documents distributed to a majority of the City Council regarding any item on this agenda after 1 distribution of the agenda packet will be made available in the City Clerk Services Department during normal business hours at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will be posted on the City's website at https://www.citvofrc.us/your- government/city-council-agendas. CLOSED SESSION — 4:30 P.M. TAPIA CONFERENCE ROOM ROLL CALL: Mayor Michael Mayor Pro Tern Kennedy Council Members Hutchison, Scott and Stickler A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS CITY COUNCIL VISION STATEMENT "Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for Page 1 all to thrive by building on our foundation and success as a world class community." D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LABOR NEGOTIATORS ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR, PETER CASTRO, DEPUTY CITY MANAGER, JULIE SOWLES, DEPUTY CITY MANAGER, MIKE MCCLIMAN, ASSISTANT CITY MANAGER/FIRE CHIEF, AND EMILY NIELSEN, SENIOR HUMAN RESOURCES BUSINESS PARTNER; PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE FIRE MANAGEMENT EMPLOYEES BARGAINING GROUP, RANCHO CUCAMONGA FIREFIGHTERS' ASSOCIATION - IAFF LOCAL 2274, AND TEAMSTERS LOCAL 1932. (CITY/FIRE) D2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: (1 CASE). THE CITY HAS RECEIVED A NOTICE OF INTENTION TO COMMENCE ACTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FROM THE RANCHO CUCAMONGA PRESERVATION SOCIETY REGARDING AN AMENDMENT TO THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN AND TENTATIVE TRACT MAPS 20853 AND 20854. A COPY OF THE NOTICE IS AVAILABLE FOR INSPECTION IN THE CITY CLERK'S OFFICE. (CITY) D3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: SUPPORTERS ALLIANCE FOR ENVIRONMENTAL RESPONSIBILITY V. CITY OF RANCHO CUCAMONGA ET AL, SAN BERNARDINO SUPERIOR COURT CASE NO.: CIVRS2600353. (CITY) E. RECESS CITY COUNCIL VISION STATEMENT "Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for Page 2 all to thrive by building on our foundation and success as a world class community." REGULAR MEETING —7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Michael Mayor Pro Tern Kennedy Council Members Hutchison, Scott and Stickler A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENTS / PRESENTATIONS B1. Presentation of a Proclamation Recognizing Chief Mike Smith, Retiring Rancho Cucamonga Police Chief, for --- his Exemplary Leadership and Dedicated Years of Service to the Rancho Cucamonga Police Department. B2. Presentation of New Greater Ontario Area Transportation (GOAT) System.C. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits us from addressing any issue not on the Agenda. Testimony may be received and referred to staff or scheduled for a future meeting. Comments are to be limited to three (3) minutes per individual. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, disorderly or boisterous conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting. For more information, refer to the City Council Rules of Decorum and Order (Resolution No. 2023-086) located in the back of the Council Chambers. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CITY COUNCIL VISION STATEMENT "Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for Page 3 all to thrive by building on our foundation and success as a world class community." CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1. Consideration to Approve the Minutes of the Regular Meetings of February 18, 2026. 7 D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of$1,657,273.03 and City 12 and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of$4,824,905.29 Dated February 2, 2026 through February 16, 2026. (CITY/FIRE) D3. Consideration to Receive and File the AB 1600 Development Impact Fee Report for the Fiscal Year Ended 31 June 30, 2025. (CITY) D4. Consideration of a Professional Services Agreement to Erickson-Hall Construction for Construction 60 Management Services for Various Fire Station Improvements in the Amount of$719,270. (FIRE) D5. Consideration of a Contract with Kalban Inc. for the Citywide Concrete Rehabilitation Project FY 25-26 in the 62 Amount of $582,500, Plus Contingency in the Amount of $116,500 for a Total Contract Amount of $669,000. This Project is Exempt from the Requirements of the California Environmental Quality Act (CEQA) Per Code Section 15301(c)l-Existing Facilities. (CITY) D6. Consideration to Award a Contract with Foxtrot Construction Inc. for the Diesel Tank Replacement Project in the 74 Amount of $169,320, Plus a Contingency of $16,940 and Authorization of an Appropriation in the Amount of $203,860. (CITY) D7. Consideration to Award a Contract with Gentry General Engineering, Inc. in the Amount of $2,516,260, Plus a 91 10% Contingency of $251,630, for the Almond Street Improvement Project and Authorization of an Appropriation in the Amount of $1,383,430. This Project is Exempt from the Requirements of the California Environmental Quality Act (CEQA) Per Code Section 15301(c)(1) — Existing Facilities and a Notice of Exemption was Filed on September 6, 2024 with the County of San Bernardino. (CITY/FIRE) D8. Consideration of the Cooperative Purchase of One (1) CASE Construction Model Number 590SN 4WD Tier 4 100 Final Front Loader and Backhoe via the Sourcewell Contract Number 011723-CNH from Sonsray Machinery in the Amount of$246,244.23. (CITY) D9. Consideration of the Cooperative Purchase of One (1) 2026 CASE Construction Model Number 651 G2 Wheel 105 Loader via the Sourcewell Contract Number 011723-CNH from Sonsray Machinery in the Amount of $303,823.48. (CITY) D10. Consideration of a Sixth Amendment to the Disposition and Development Agreement Between the City of 110 Rancho Cucamonga, San Bernardino County Transportation Authority (SBCTA) and DesertXpress Enterprises, LLC, dba Brightline West (BLW) for a Portion of Property Located at the Northwest Corner of Milliken Avenue and Azusa Court, Including Revised Site Plan, Grant Deed, and Easements Across Portions of Right-Of-Way on 8th Street, Milliken Avenue, and the Cucamonga Station Property, for the Development of a High Speed Rail Station and Track at the Cucamonga Station in Rancho Cucamonga; and Conditions, Covenants, Restrictions, and Easements Between the City, SBCTA, and BLW Applicable to Each Entity's Property Interests; An Environmental Assessment for the High Speed Rail Project, Including the Rancho Cucamonga Station, was Prepared by the Federal Railroad Administration. (CITY) CITY COUNCIL VISION STATEMENT "Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for Page 4 all to thrive by building on our foundation and success as a world class community." D11. Consideration to Approve an Improvement Agreement and Improvement Securities for Public Improvements, 322 Order the Annexation to Landscape Maintenance District No. 1, and Approve a Memorandum of License Agreement Between the City of Rancho Cucamonga and 8500 Haven, LLC for a Three Foot Non-Exclusive Revocable Encroachment Into an Existing Ten-Foot Public Sidewalk Easement Related to Case No. DRC2021- 00200, Located on the Southwest Corner of Haven Avenue and Arrow Route. (RESOLUTION NO. 2026-010) (CITY) D12. Consideration of a Resolution Approving a Master Agreement for Administration of Federal Grant Funding and 344 Program Supplemental Agreements with the California Department of Transportation, and Authorizing the City Manager, Director of Engineering Services, or Director of Public Works Services Authority to Sign, Approve, and Execute all Current and Future Master Agreements, Program Supplement Agreements, and all Related Documents. (RESOLUTION NO. 2026-009) (CITY) D13. Consideration of a Resolution Designating Applicant's Agent for Obtaining State Financial Assistance Under the 377 California Disaster Assistance Act. (RESOLUTION NO. 2026-011) (CITY) E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT G1. Public Hearing for Consideration of an Appeal of the Planning Commission's Decision to Approve a Design 380 Review for the Development of 188 Single-Family Residences Spanning Multiple Pre-Existing Graded Parcels on an Approximately 80-acre Site Within the Low Residential (L)Zone, Located at the Northwest Corner of East and Wilson Avenues. (Tracts 16072-1 and 16072-3) with Exceptions to Specific Lots from Existing Standards. This Project Was Previously Analyzed as Part of the Richland Communities EIR (SCH#2002091053) certified by the City Council on June 16, 2004 and No Subsequent Analysis is Required under the California Environmental Quality Act (CEQA) Section 15162. Appellant: Lozeau Drury LLP on Behalf of Supporters Alliance for Environmental Responsibility ("SAFER"), Project Applicant: Toll Brothers. Case File Number: Design Review DRC2024-00373, Minor Exception DRC2025-00261, Variance DRC2025- 00263. (RESOLUTION NO. 2026-012) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS 11. Consideration to Approve the City Council's Mission, Vision, Values, and 2026 Goals. (CITY) 418 12. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) 13. INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CITY COUNCIL VISION STATEMENT "Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for Page 5 all to thrive by building on our foundation and success as a world class community." CERTIFICATION I, Ashton R. Arocho, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted at least seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. ASHTON R. AROCHO, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk Services Department at (909) 774-2023. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT "Our Vision is to create an equitable, sustainable, and vibrant city, rich in opportunity for Page 6 all to thrive by building on our foundation and success as a world class community." ok ok ofa 1/0 %0 IMF V//II\\ //af \III�i_ _ \Il% \� III\\� � �\IUi� G ^A REATER ONTARIO CALIFORNIA W Ado o—Z-41011,14f/elk- - - 0M A f% 0Il// �\(f% \IlI/ J\if!/� 11U�� \Ill� \Il% n\lf/ mill% _.�a ,W � 1 f t b qs N �•. - _s Your completely p y FIZEE ride to the best visit. s G )- AT CGi GCCZ A GREATER ONTARIO CALIFORNIA By QVIO Airport and Hotel Transfers serving 1' Ontario and Rancho Cucamonga. Download our app to book. Rancho 8 Cucamonga _ Claremont Upland Montclair Ontario II r I J G,5AT - Chino Key Destinations Service Hours Accessibility lrk L• _ �� l ok ok ofa of/�� 1/0 %0 IMF V//II\\ //af u W OFF f% iif// \IfIlk- % 0If// Im11%/al\ II\\ 77 '^ - - February 18, 2026 CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City Council of the City of Rancho Cucamonga held a Closed Session on Wednesday, February 18, 2026, in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 PM. Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tern Lynne Kennedy and Mayor L. Dennis Michael. Also present were: Elisa C. Cox, City Manager; Mike McCliman, Assistant City Manager/ Fire Chief; Nicholas Ghirelli, City Attorney; Peter Castro, Deputy City Manager, Jennifer Gracia, Deputy City Manager and Julie Sowles, Deputy City Manager. A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LABOR NEGOTIATORS ROBERT NEIUBER, SENIOR HUMAN RESOURCES DIRECTOR, PETER CASTRO, DEPUTY CITY MANAGER, JULIE SOWLES, DEPUTY CITY MANAGER, MIKE MCCLIMAN, ASSISTANT CITY MANAGER/FIRE CHIEF, AND EMILY NIELSEN, SENIOR HUMAN RESOURCES BUSINESS PARTNER; PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE FIRE MANAGEMENT EMPLOYEES BARGAINING GROUP, RANCHO CUCAMONGA FIREFIGHTERS' ASSOCIATION - IAFF LOCAL 2274, AND TEAMSTERS LOCAL 1932. (CITY/FIRE) D2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: (1 CASE). THE CITY HAS RECEIVED ONE GOVERNMENT CLAIM REGARDING DAMAGE TO ONE RESIDENTIAL PROPERTY ALONG BELLA VISTA DRIVE AND CARNELIAN STREET. COPIES OF THE CLAIM IS AVAILABLE FOR INSPECTION IN THE CITY CLERK'S OFFICE. (CITY) D3. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 POTENTIAL CASE. (CITY) E. RECESS The closed session recessed at 6:23 p.m. *DRAFT* February 18, 2026 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 1 of 5 Page 7 REGULAR MEETING —7:00 PM CALL TO ORDER— COUNCIL CHAMBERS The Regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on Wednesday, February 18, 2026, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 PM. Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tern Lynne Kennedy and Mayor L. Dennis Michael. Also present were: Elisa C. Cox, City Manager; Nicholas Ghirelli, City Attorney; and Ashton R. Arocho, MMC, City Clerk Services Director. Council Member Scott led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA None. B. ANNOUNCEMENTS / PRESENTATIONS B1. Lunar New Year Festival Presentation and Recognition of Event Partner, California Cultural Festival, LLC. Mary Johnson, Community Services Supervisor, proudly highlighted the success of this year's Lunar New Year Festival and extended heartfelt thanks to the Rancho Cucamonga Fire Department, Police Department, City staff and event partner, California Cultural Festival, LLC, for making it an unforgettable event for the community. Mayor Michael and Members of the City Council presented a Certificate of Recognition to Eric Luan, President of California Culture Festival, LLC, honoring their outstanding dedication and exceptional efforts of promoting cultural heritage and vibrant community spirit. B2. Rancho Cucamonga Police Department Vehicles are Now Equipped with Automatic External Defibrillators (AEDs). Sandy Griffin, EMS Administrator; Joshua Stapleton, Field Training Officer; and Patricia Eickholt, Quality Improvement (QI) Nurse, provided a PowerPoint presentation outlining the significant, life-saving benefits of equipping Police Department patrol vehicles with Automatic External Defibrillators (AEDs). The presentation highlighted that AEDs enable officers to provide immediate cardiac intervention during emergencies, reduce response times, and increase survival rates for individuals experiencing sudden cardiac arrest prior to EMS arrival. EMS Administrator Griffin encouraged the community to download the PulsePoint app which bridges the gap between the incident and professional responder arrival by providing real-time alerts, mapping, and AED locations. C. PUBLIC COMMUNICATIONS Alec Steere reported a mailbox theft at Hellman and Foothill and requested prompt replacement. He noted the inconvenience of retrieving mail at the post office due to long lines and suggested adding public restrooms at the facility. Jaimie Gesiriech, a senior at Los Osos High School, expressed appreciation to the City Council for its support and investment in Rancho Cucamonga's youth. She voiced support for Item H2 and shared her enthusiasm for the implementation of the PathwaysRC Workforce Development Plan. *DRAFT* February 18, 2026 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 5 Page 8 Four (4) speakers: LaVay Bland, Gail Walker, Mathew Garcia (spoke on behalf of Dr. Laura Espinoza) and Miguel Espinoza voiced opposition to the Hamilton Family Brewery location at 8889 Archibald Avenue, Rancho Cucamonga, CA 91730. They expressed concerns about its proximity to a senior residential community, disruptive noise levels due to an onsite vendor's generator, public safety, and emphasized the importance of caring for elders in the community. D. CONSENT CALENDAR Council Member Scott abstained on item D3, due to a potential conflict of interest as her employer is Southern California Gas Company. D1. Consideration to Approve the Minutes of the Regular Meetings of February 4, 2026 and Special Meeting of February 9, 2026. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,763,529.90 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $2,938,127.34 Dated January 19, 2026 Through February 1, 2026. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of$36,261.84 Dated January 19, 2026 Through February 1, 2026. (CITY/FIRE) D4. Consideration of the 2025 Annual Review of the Development Agreement by and Between SC Rancho Development Corp., a California Corporation and Empire Lakes Holding Company, LLC, a Delaware Limited Liability Company and the City of Rancho Cucamonga, Case No. DRC2015-00118. (CITY) D5. Consideration to Approve Multi-Year Enterprise Licensing Agreements for Microsoft Products and Services with SHI International Corp for an Amount Not To Exceed $1,843,000 and Crayon Software for an Amount Not To Exceed $391,300. (CITY/FIRE) D6. Consideration to Approve the Single-Source Procurement and Execute a Professional Services Agreement with Triden Group in the Amount Not-To-Exceed $160,000 for the Implementation of Network Hardware and Software for the Network Refresh Project. (CITY/FIRE) D7. Consideration to Accept Public Improvements of an Interceptor Channel Located North of Wilson Avenue between East Avenue and Etiwanda Avenue per Improvement Agreement, Related to Tract No. 16072 and Case No. ENG2021-00029, as Complete, File a Notice of Completion, and Authorize Release of Bonds. (CITY) D8. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2024/2025 Local Overlay Pavement Rehabilitation Project. (CITY) MOTION: Moved by Council Member Stickler, seconded by Council Member Hutchison, to approve Consent Calendar items D1 through D8, with Council Member Scott abstaining on item D3. Motion carried, 5-0. E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION None. *DRAFT* February 18, 2026 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 5 Page 9 F. ADMINISTRATIVE HEARING ITEM(S) None. G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT None. H. CITY MANAGER'S STAFF REPORT(S) H1. Quarterly Development Update - Fourth Quarter 2025. (CITY) City Manager Cox introduced Miguel Sotomayor, Principal Engineer and Darleen Cervera, Management Analyst, who provided the 2025 Fourth Quarter Development Update. Mayor Michael and the City Council expressed appreciation to staff for the comprehensive report. The report was received and filed. H2. PathwaysRC—A Plan to Develop Pathways to Public Service. (CITY) City Manager Cox introduced Matt Marquez, Director of Economic Development and Carina Campos, Management Analyst, who provided a Staff Report about PathwaysRC, a program designed to create structured opportunities that connect individuals—particularly students and young professionals—with careers in government. Mayor Michael and the City Council expressed their sincere appreciation for staff's presentation and reaffirmed their strong support for the PathwaysRC program. They emphasized the vital role public service plays in shaping thriving communities and encouraged individuals to explore rewarding careers in government. The report was received and filed. I. COUNCIL BUSINESS 11. Consideration to Appoint a Council Member to serve as Representative of the City of Rancho Cucamonga on the West Valley Mosquito and Vector Control District (WVMVCD) Board of Trustees. (CITY) Mayor Michael led a discussion with the City Council regarding the appointment of a Council Member to serve as Representative of the City of Rancho Cucamonga on the West Valley Mosquito and Vector Control District (WVMVCD) Board of Trustees. The City Council unanimously recommended the reappointment of Council Member Stickler. MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Scott, to reappoint Council Member Stickler to serve as Representative of the City of Rancho Cucamonga on the West Valley Mosquito and Vector Control District (WVMVCD) Board of Trustees for a two-year term through January 2028. Motion carried, 5-0. *DRAFT* February 18, 2026 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 5 Page 10 12. COUNCIL ANNOUNCEMENTS None. 13. INTERAGENCY UPDATES None. J. CITY ATTORNEY ITEMS City Attorney Ghirelli provided an update on Item D3 of the Closed Session agenda. He reported that the City Council unanimously authorized litigation against Kimley-Horn and Ninyo & Moore, along with their respective insurers, to enforce indemnity obligations related to claims arising from the Almond Avenue Extension Project. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. L. ADJOURNMENT Mayor Michael adjourned the Council Meeting at 7:56 p.m. Approved: Ashton R. Arocho, MMC City Clerk Services Director *DRAFT* February 18, 2026 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 5 Page 11 ti NONRR � a CITY OF RANCHO CUCAMONGA m �l DATE: March 4, 2026 TO: Mayor and Members of the City Council President and Members of the Board of Directors FROM: Elisa Cox, City Manager INITIATED BY: Jevin Kaye, Finance Director Ruth Cain, Finance Manager SUBJECT: Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,657,273.03 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of$4,824,905.29 Dated February 2, 2026 through February 16, 2026. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Bi-weekly payroll is $1,026,387.95 and $630,885.08 for the City and Fire District, respectively. Weekly check register amounts are $4,416,331.29 and $408,574.00 for the City and the Fire District, respectively. No Checks were issued to Southern California Gas Company. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Register Page 12 Council Meeting Check Register - without 08:12 AM RANCHO SoCal Gas Page 1/of 18 CUCAMONGA Company: City of Rancho Cucamonga Rancho Cucamonga Fire Protection District Payment Date On or After: 02/02/2026 Payment Date On or Before: 02/16/2026 Check City of Rancho Rancho Payment Amount for Supplier Payment Company Number Check Date Supplier Name Cucamonga Cucamonga Fire Reporting Transaction Protection District Supplier Payment: John A Gilkey: City of Rancho 456402 02/04/2026 John A Gilkey 350.00 0 350.00 02/04/2026 Cucamonga Supplier Payment: Dawn Triche City of Rancho 02/04/2026 Dawn Triche Bisek 160.80 0 160.80 Bisek: 02/04/2026 Cucamonga Supplier Payment:Waxie Sanitary City of Rancho 456428 02/04/2026 Waxie Sanitary Supply 5,678.90 0 5,678.90 Supply: 02/04/2026 Cucamonga Supplier Payment: Diamond City of Rancho 02/04/2026 Diamond Environmental 4,513.60 0 4,513.60 Environmental Services: 02/04/2026 Cucamonga Services Supplier Payment: Rhythm Tech City of Rancho 456413 02/04/2026 Rhythm Tech Productions 5,000.08 0 5,000.08 Productions Llc: 02/04/2026 Cucamonga Llc Supplier Payment:Wilson Fiallos: City of Rancho 456431 02/04/2026 Wilson Fiallos 1,440.00 0 1,440.00 02/04/2026 Cucamonga Supplier Payment: Omega City of Rancho 456410 02/04/2026 Omega Environmental 57,528.00 0 57,528.00 Environmental Services Inc: Cucamonga Services Inc 02/04/2026 Supplier Payment:Zones It Solutions City of Rancho 02/04/2026 Zones It Solutions Inc 17,688.32 0 17,688.32 Inc: 02/04/2026 Cucamonga Supplier Payment: Karen Clark: City of Rancho 456404 02/04/2026 Karen Clark 684.00 0 684.00 02/04/2026 Cucamonga Supplier Payment: Sharon Ott: City of Rancho 02/04/2026 Sharon Ott 2,133.60 0 2,133.60 02/04/2026 Cucamonga Supplier Payment: Jose Estrada: City of Rancho 02/04/2026 Jose Estrada 180.00 0 180.00 02/04/2026 Cucamonga Supplier Payment: Christopher City of Rancho 02/04/2026 Christopher Pellitteri 428.40 0 428.40 Pellitteri: 02/04/2026 Cucamonga Supplier Payment: Sesac Inc: City of Rancho 456418 02/04/2026 Sesac Inc 4,146.00 0 4,146.00 02/04/2026 Cucamonga Supplier Payment: Robert Morales: City of Rancho 456415 02/04/2026 Robert Morales 178.50 0 178.50 02/04/2026 Cucamonga Supplier Payment: Inland Valley City of Rancho 456401 02/04/2026 Inland Valley Dance 501.60 0 501.60 Dance Academy: 02/04/2026 Cucamonga Academy Supplier Payment: Mwi Animal City of Rancho 456408 02/04/2026 Mwi Animal Health 4,620.82 0 4,620.82 Health: 02/04/2026 Cucamonga Supplier Payment: Grainger: City of Rancho 02/04/2026 Grainger 748.35 0 748.35 02/04/2026 Cucamonga Supplier Payment: Covetrus North City of Rancho 456388 02/04/2026 Covetrus North America 618.02 0 618.02 America: 02/04/2026 Cucamonga ATTACHMENT 1 Page 13 Council Meeting Check Register - without 08:12 AM RANCHO SoCal Gas Page 2/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment:Ascent City of Rancho 02/04/2026 Ascent Environmental Inc 9,596.97 0 9,596.97 Environmental Inc: 02/04/2026 Cucamonga Supplier Payment: Data Ticket Inc: City of Rancho 02/04/2026 Data Ticket Inc 200.00 0 200.00 02/04/2026 Cucamonga Supplier Payment: Napa Auto Parts: City of Rancho 02/04/2026 Napa Auto Parts 8.12 0 8.12 02/04/2026 Cucamonga Supplier Payment:Absolute Security City of Rancho 02/04/2026 Absolute Security 28,198.41 0 28,198.41 International Inc: 02/04/2026 Cucamonga International Inc Supplier Payment: Federal Express City of Rancho 456394 02/04/2026 Federal Express Corp 74.12 0 74.12 Corp: 02/04/2026 Cucamonga Supplier Payment:Alma Arocho: City of Rancho 02/04/2026 Alma Arocho 928.80 0 928.80 02/04/2026 Cucamonga Supplier Payment: Midwest City of Rancho 456407 02/04/2026 Midwest Veterinary Supply 3,960.25 0 3,960.25 Veterinary Supply Inc: 02/04/2026 Cucamonga Inc Supplier Payment: Cr&A Custom Inc: City of Rancho 02/04/2026 Cr&A Custom Inc 816.89 0 816.89 02/04/2026 Cucamonga Supplier Payment:All City City of Rancho 02/04/2026 All City Management 19,472.35 0 19,472.35 Management Services Inc: Cucamonga Services Inc 02/04/2026 Supplier Payment: Commercial City of Rancho 456386 02/04/2026 Commercial Transportation 12,897.20 0 12,897.20 Transportation Svcs Inc: 02/04/2026 Cucamonga Svcs Inc Supplier Payment: Southern City of Rancho 456420 02/04/2026 Southern California News 1,213.18 0 1,213.18 California News Group: 02/04/2026 Cucamonga Group Supplier Payment: Frontier Comm: City of Rancho 456396 02/04/2026 Frontier Comm 906.04 0 906.04 02/04/2026 Cucamonga Supplier Payment:The Remy City of Rancho 456424 02/04/2026 The Remy Corporation 206.25 0 206.25 Corporation: 02/04/2026 Cucamonga Supplier Payment: Idexx Distribution City of Rancho 456400 02/04/2026 Idexx Distribution Inc 676.72 0 676.72 Inc: 02/04/2026 Cucamonga Supplier Payment: Pacific Utility City of Rancho 02/04/2026 Pacific Utility Installation 1,556.00 0 1,556.00 Installation Inc: 02/04/2026 Cucamonga Inc Supplier Payment: Consolidated City of Rancho 02/04/2026 Consolidated Electrical 1,756.82 0 1,756.82 Electrical Distr Inc: 02/04/2026 Cucamonga Distr Inc Supplier Payment:Advanced City of Rancho 456376 02/04/2026 Advanced Chemical 675.50 0 675.50 Chemical Transport Inc: 02/04/2026 Cucamonga Transport Inc Supplier Payment: Key Medical Rancho 456405 02/04/2026 Key Medical Resources Inc 0 140.00 140.00 Resources Inc: 02/04/2026 Cucamonga Fire Protection District Supplier Payment: Daniels Tire Rancho 456391 02/04/2026 Daniels Tire Service 0 6,265.91 6,265.91 Service: 02/04/2026 Cucamonga Fire Protection District Supplier Payment: D&K Concrete City of Rancho 02/04/2026 D&K Concrete Company 770.42 0 770.42 Company: 02/04/2026 Cucamonga Page 14 Council Meeting Check Register - without 08:12 AM RANCHO SoCal Gas Page 3/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment:Z&K Consultants City of Rancho 456433 02/04/2026 Z&K Consultants Inc. 267,434.60 0 267,434.60 Inc.: 02/04/2026 Cucamonga Supplier Payment: Fire Apparatus Rancho 456395 02/04/2026 Fire Apparatus Solutions 0 916.16 916.16 Solutions: 02/04/2026 Cucamonga Fire Protection District Supplier Payment:Airgas Usa Llc: City of Rancho 456377 02/04/2026 Airgas Usa Llc 10,436.64 0 10,436.64 02/04/2026 Cucamonga Supplier Payment: San Bernardino City of Rancho 456417 02/04/2026 San Bernardino County 33,320.98 0 33,320.98 County: 02/04/2026 Cucamonga Supplier Payment: EN Engineering, City of Rancho 456393 02/04/2026 EN Engineering, LLC 9,000.00 0 9,000.00 LLC: 02/04/2026 Cucamonga Supplier Payment: Upsco Powersafe City of Rancho 456425 02/04/2026 Upsco Powersafe Systems 9,390.00 0 9,390.00 Systems Inc: 02/04/2026 Cucamonga Inc Supplier Payment: Main Street Signs: City of Rancho 02/04/2026 Main Street Signs 78.30 0 78.30 02/04/2026 Cucamonga Supplier Payment: Safeway Sign City of Rancho 456416 02/04/2026 Safeway Sign Company 2,239.32 0 2,239.32 Company: 02/04/2026 Cucamonga Supplier Payment: National Utility City of Rancho 02/04/2026 National Utility Locators Llc 1,520.00 0 1,520.00 Locators Llc: 02/04/2026 Cucamonga Supplier Payment:Vista Paint: City of Rancho 456426 02/04/2026 Vista Paint 1,525.33 0 1,525.33 02/04/2026 Cucamonga Supplier Payment:Vulcan Materials City of Rancho 456427 02/04/2026 Vulcan Materials Company 461.10 0 461.10 Company: 02/04/2026 Cucamonga Supplier Payment: Charter City of Rancho 456384 02/04/2026 Charter Communications 8,524.31 0 8,524.31 Communications: 02/04/2026 Cucamonga Supplier Payment: Standard City of Rancho 456421 02/04/2026 Standard Insurance 18,761.04 0 18,761.04 Insurance Company: 02/04/2026 Cucamonga Company Supplier Payment: Merrimac City of Rancho 02/04/2026 Merrimac Petroleum Inc 4,149.96 0 4,149.96 Petroleum Inc: 02/04/2026 Cucamonga Supplier Payment: Ida Tyus: City of Rancho 02/04/2026 Ida Tyus 729.60 0 729.60 02/04/2026 Cucamonga Supplier Payment: Hampton Living: City of Rancho 02/04/2026 Hampton Living 564.00 0 564.00 02/04/2026 Cucamonga Supplier Payment:Anne Marie Dunn: City of Rancho 02/04/2026 Anne Marie Dunn 548.00 0 548.00 02/04/2026 Cucamonga Supplier Payment: Music Tree: City of Rancho 02/04/2026 Music Tree 558.60 0 558.60 02/04/2026 Cucamonga Supplier Payment: Felicity USA City of Rancho 02/04/2026 Felicity USA Management 240.00 0 240.00 Management Services LLC: Cucamonga Services LLC 02/04/2026 Supplier Payment: Diane Carty: City of Rancho 456392 02/04/2026 Diane Carty 510.00 0 510.00 02/04/2026 Cucamonga Page 15 Council Meeting Check Register - without 08:12 AM RANCHO SoCal Gas Page 4/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment: Pretty Killer, City of Rancho 456411 02/04/2026 Pretty Killer, Incorporated 6,300.00 0 6,300.00 Incorporated: 02/04/2026 Cucamonga Supplier Payment: Ccs Orange City of Rancho 456382 02/04/2026 Ccs Orange County 480.00 0 480.00 County Janitorial Inc: 02/04/2026 Cucamonga Janitorial Inc Supplier Payment: Generator City of Rancho 02/04/2026 Generator Services Co Inc 21,459.55 0 21,459.55 Services Co Inc: 02/04/2026 Cucamonga Supplier Payment: Hill's Pet Nutrition City of Rancho 456399 02/04/2026 Hill's Pet Nutrition Sales 2,877.90 0 2,877.90 Sales Inc: 02/04/2026 Cucamonga Inc Supplier Payment: C V W D: Rancho 456390 02/04/2026 C V W D 0 1,361.93 1,361.93 02/04/2026 Cucamonga Fire Protection District Supplier Payment: Dunn-Edwards City of Rancho 02/04/2026 Dunn-Edwards Corporation 351.93 0 351.93 Corporation: 02/04/2026 Cucamonga Supplier Payment: Babcock City of Rancho 456379 02/04/2026 Babcock Laboratories Inc 10.00 0 10.00 Laboratories Inc: 02/04/2026 Cucamonga Supplier Payment: Danken City of Rancho 02/04/2026 Danken Construction 822.50 0 822.50 Construction Engineering Group: Cucamonga Engineering Group 02/04/2026 Supplier Payment:Willdan Group: City of Rancho 456430 02/04/2026 Willdan Group 104,310.75 0 104,310.75 02/04/2026 Cucamonga Supplier Payment: Southern City of Rancho 456419 02/04/2026 Southern California Edison 9,511.36 0 9,511.36 California Edison: 02/04/2026 Cucamonga Supplier Payment: California City of Rancho 456380 02/04/2026 California Municipal 1,668.00 0 1,668.00 Municipal Utilities Assoc: 02/04/2026 Cucamonga Utilities Assoc Supplier Payment: C V W D: City of Rancho 456389 02/04/2026 C V W D 13,381.35 0 13,381.35 02/04/2026 Cucamonga Supplier Payment: Counts Unlimited: City of Rancho 456387 02/04/2026 Counts Unlimited 7,570.00 0 7,570.00 02/04/2026 Cucamonga Supplier Payment: California Pacific City of Rancho 02/04/2026 California Pacific 61,774.12 0 61,774.12 Managment: 02/04/2026 Cucamonga Managment Supplier Payment: Mariposa City of Rancho 02/04/2026 Mariposa Landscapes Inc 70.55 0 70.55 Landscapes Inc: 02/04/2026 Cucamonga Supplier Payment:Winsupply City of Rancho 456432 02/04/2026 Winsupply Pomona 169.97 0 169.97 Pomona: 02/04/2026 Cucamonga Supplier Payment: Palmer City of Rancho 02/04/2026 Palmer Consulting 4,410.00 0 4,410.00 Consulting: 02/04/2026 Cucamonga Supplier Payment: R&R B Inc. DBA City of Rancho 456412 02/04/2026 R&R B Inc. DBA Servpro of 6,549.22 0 6,549.22 Servpro of Chino/Chino Hills: Cucamonga Chino/Chino Hills 02/04/2026 Supplier Payment: Dlr Group Inc: City of Rancho 02/04/2026 Dlr Group Inc 43,719.38 0 43,719.38 02/04/2026 Cucamonga Supplier Payment:West Coast City of Rancho 456429 02/04/2026 West Coast Arborists Inc 1,976.99 0 1,976.99 Arborists Inc: 02/04/2026 Cucamonga Page 16 Council Meeting Check Register - without 08:12 AM RANCHO SoCal Gas Page 5/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment:Analyze City of Rancho 456378 02/04/2026 Analyze Corporation 5,400.00 0 5,400.00 Corporation: 02/04/2026 Cucamonga Supplier Payment: G/M Business City of Rancho 02/04/2026 G/M Business Interiors 1,859.54 0 1,859.54 Interiors: 02/04/2026 Cucamonga Supplier Payment:Assi Security: City of Rancho 02/04/2026 Assi Security 5,141.41 0 5,141.41 02/04/2026 Cucamonga Supplier Payment: Government City of Rancho 02/04/2026 Government Training 8,123.60 0 8,123.60 Training Services: 02/04/2026 Cucamonga Services Supplier Payment: Kaiser Foundation City of Rancho 456403 02/04/2026 Kaiser Foundation Health 567,189.71 0 567,189.71 Health Plan Inc: 02/04/2026 Cucamonga Plan Inc Supplier Payment: Colts Landscape City of Rancho 456385 02/04/2026 Colts Landscape Inc 5,345.42 0 5,345.42 Inc: 02/04/2026 Cucamonga Supplier Payment: Roadway Asset City of Rancho 456414 02/04/2026 Roadway Asset Services, 1,500.00 0 1,500.00 Services, LLC: 02/04/2026 Cucamonga LLC Supplier Payment: Odp Business City of Rancho 456409 02/04/2026 Odp Business Solutions Llc 1,822.55 0 1,822.55 Solutions Llc: 02/04/2026 Cucamonga Supplier Payment: Nationwide City of Rancho 02/04/2026 Nationwide Premium 1,070.22 0 1,070.22 Premium Holding: 02/04/2026 Cucamonga Holding Supplier Payment: Cameron-Daniel City of Rancho 456381 02/04/2026 Cameron-Daniel Pc 9,890.71 0 9,890.71 Pc: 02/04/2026 Cucamonga Supplier Payment: Delta Dental City of Rancho 02/04/2026 Delta Dental Insurance 1,086.12 0 1,086.12 Insurance Company: 02/04/2026 Cucamonga Company Supplier Payment: Hci Environmental City of Rancho 02/04/2026 Hci Environmental& 2,460.64 0 2,460.64 &Engineering Svc: 02/04/2026 Cucamonga Engineering Svc Supplier Payment: Civic Solutions City of Rancho 02/04/2026 Civic Solutions Inc 13,276.50 0 13,276.50 Inc: 02/04/2026 Cucamonga Supplier Payment: Chambers Group City of Rancho 456383 02/04/2026 Chambers Group Inc. 4,967.12 0 4,967.12 Inc.: 02/04/2026 Cucamonga Supplier Payment: Ultrasystems City of Rancho 02/04/2026 Ultrasystems 15,821.32 0 15,821.32 Environmental, Inc.: 02/04/2026 Cucamonga Environmental, Inc. Supplier Payment: Delta Dental Of City of Rancho 02/04/2026 Delta Dental Of California 44,190.49 0 44,190.49 California: 02/04/2026 Cucamonga Supplier Payment: Helix City of Rancho 456398 02/04/2026 Helix Environmental 17,215.00 0 17,215.00 Environmental Planning Inc: Cucamonga Planning Inc 02/04/2026 Supplier Payment: Best Outdoor City of Rancho 02/04/2026 Best Outdoor Power Inland 53.85 0 53.85 Power Inland Llc: 02/04/2026 Cucamonga Llc Supplier Payment: Golden State Risk City of Rancho 02/04/2026 Golden State Risk 178,910.00 0 178,910.00 Management Authority: 02/04/2026 Cucamonga Management Authority Supplier Payment: RSM Design: City of Rancho 02/04/2026 RSM Design 18,000.00 0 18,000.00 02/04/2026 Cucamonga Supplier Payment: Placeworks: City of Rancho 02/04/2026 Placeworks 997.50 0 997.50 02/04/2026 Cucamonga Page 17 Council Meeting Check Register - without 08:12 AM RANCHO SoCal Gas Page 6/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment: Michael Baker City of Rancho 02/04/2026 Michael Baker International 12,230.00 0 12,230.00 International Inc: 02/04/2026 Cucamonga Inc Supplier Payment:The Kindred City of Rancho 456423 02/04/2026 The Kindred Corporation 20,065.06 0 20,065.06 Corporation: 02/04/2026 Cucamonga Supplier Payment: State Controller's City of Rancho 456422 02/04/2026 State Controller's Office 719.25 0 719.25 Office: 02/04/2026 Cucamonga Supplier Payment: Mark Christopher City of Rancho 456406 02/04/2026 Mark Christopher Auto 104.90 0 104.90 Auto Center Inc: 02/04/2026 Cucamonga Center Inc Supplier Payment: Jorry Keith: City of Rancho 02/04/2026 Jorry Keith 588.00 0 588.00 02/04/2026 Cucamonga Supplier Payment: Ginger Dollarhide: City of Rancho 02/04/2026 Ginger Dollarhide 255.00 0 255.00 02/04/2026 Cucamonga Supplier Payment: Gbs Linens: City of Rancho 456397 02/04/2026 Gbs Linens 1,651.22 0 1,651.22 02/04/2026 Cucamonga Supplier Payment: Champion Awards City of Rancho 02/12/2026 Champion Awards& 158.55 0 158.55 &Specialties: 02/12/2026 Cucamonga Specialties Supplier Payment:Aflac: 02/12/2026 City of Rancho 456436 02/12/2026 Aflac 5,741.38 0 5,741.38 Cucamonga Supplier Payment:Amg &Associates Rancho 02/12/2026 Amg&Associates Inc 0 189,200.88 189,200.88 Inc: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Cameron City of Rancho 456455 02/12/2026 Cameron Welding 137.58 0 137.58 Welding: 02/12/2026 Cucamonga Supplier Payment:Abound Food City of Rancho 456434 02/12/2026 Abound Food Care 3,125.66 0 3,125.66 Care: 02/12/2026 Cucamonga Supplier Payment: Itron Inc: City of Rancho 456501 02/12/2026 Itron Inc 11,771.68 0 11,771.68 02/12/2026 Cucamonga Supplier Payment: Modern Rancho 456516 02/12/2026 Modern Marketing 0 2,172.55 2,172.55 Marketing: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Burrtec Waste City of Rancho 456450 02/12/2026 Burrtec Waste Industries 31,536.00 0 31,536.00 Industries Inc: 02/12/2026 Cucamonga Inc Supplier Payment: Generator City of Rancho 02/12/2026 Generator Services Co Inc 25,058.01 0 25,058.01 Services Co Inc: 02/12/2026 Cucamonga Supplier Payment: Mark Christopher Rancho 456509 02/12/2026 Mark Christopher Auto 0 334.13 334.13 Auto Center Inc: 02/12/2026 Cucamonga Fire Center Inc Protection District Supplier Payment: Citrus Motors Rancho 456459 02/12/2026 Citrus Motors Ontario Inc 0 1,310.70 1,310.70 Ontario Inc: 02/12/2026 Cucamonga Fire Protection District Supplier Payment:The Sign Shop: Rancho 456553 02/12/2026 The Sign Shop 0 108.82 108.82 02/12/2026 Cucamonga Fire Protection District Page 18 Council Meeting Check Register - without 08:12 AM RANCHO SoCal Gas Page 7/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment: Mmasc: City of Rancho 456514 02/12/2026 Mmasc 270.00 0 270.00 02/12/2026 Cucamonga Supplier Payment: City Rentals: City of Rancho 456460 02/12/2026 City Rentals 56.18 0 56.18 02/12/2026 Cucamonga Supplier Payment:Auto&Rv City of Rancho 456443 02/12/2026 Auto& Rv Specialists Inc 65.21 0 65.21 Specialists Inc: 02/12/2026 Cucamonga Supplier Payment: Kennedy City of Rancho 456504 02/12/2026 Kennedy Equipment Co Inc 326.49 0 326.49 Equipment Co Inc: 02/12/2026 Cucamonga Supplier Payment:Airgas Usa Llc: Rancho 456438 02/12/2026 Airgas Usa Llc 0 720.01 720.01 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Fontana Radiator Rancho 456484 02/12/2026 Fontana Radiator Service 0 125.00 125.00 Service: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Powerwerx Inc: Rancho 456534 02/12/2026 Powerwerx Inc 0 220.03 220.03 02/12/2026 Cucamonga Fire Protection District Supplier Payment:Velocity Truck Rancho 456568 02/12/2026 Velocity Truck Centers 0 2,796.58 2,796.58 Centers: 02/12/2026 Cucamonga Fire Protection District Supplier Payment:Winzer Rancho 456580 02/12/2026 Winzer Corporation 0 105.45 105.45 Corporation: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Myers Tire Supply Rancho 456520 02/12/2026 Myers Tire Supply 0 821.07 821.07 Company: 02/12/2026 Cucamonga Fire Company Protection District Supplier Payment: Minuteman Press: Rancho 456513 02/12/2026 Minuteman Press 0 367.63 367.63 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Bernell Hydraulics Rancho 02/12/2026 Bernell Hydraulics Inc 0 6.94 6.94 Inc: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Best Outdoor City of Rancho 02/12/2026 Best Outdoor Power Inland 575.17 0 575.17 Power Inland Llc: 02/12/2026 Cucamonga Llc Supplier Payment:Thomson Reuters City of Rancho 456555 02/12/2026 Thomson Reuters-West 413.00 0 413.00 -West: 02/12/2026 Cucamonga Supplier Payment: Montgomery City of Rancho 456517 02/12/2026 Montgomery Hardware Co 13,955.16 0 13,955.16 Hardware Co: 02/12/2026 Cucamonga Supplier Payment: Bound Tree Rancho 456449 02/12/2026 Bound Tree Medical Llc 0 5,435.72 5,435.72 Medical Llc: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: G&G Laser City of Rancho 02/12/2026 G&G Laser Works 113.14 0 113.14 Works: 02/12/2026 Cucamonga Page 19 Council Meeting Check Register - without 08:12 AM RANCHO SoCal Gas Page 8/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment: Barbara's City of Rancho 02/12/2026 Barbara's Answering 552.00 0 552.00 Answering Service: 02/12/2026 Cucamonga Service Supplier Payment: Dell Marketing Lp: City of Rancho 02/12/2026 Dell Marketing Lp 61.82 0 61.82 02/12/2026 Cucamonga Supplier Payment: National Auto City of Rancho 456521 02/12/2026 National Auto Fleet Group 63,693.18 0 63,693.18 Fleet Group: 02/12/2026 Cucamonga Supplier Payment:Ascent City of Rancho 02/12/2026 Ascent Environmental Inc 22,003.58 0 22,003.58 Environmental Inc: 02/12/2026 Cucamonga Supplier Payment: Ultrasystems City of Rancho 02/12/2026 Ultrasystems 5,940.00 0 5,940.00 Environmental, Inc.: 02/12/2026 Cucamonga Environmental, Inc. Supplier Payment: Sargent Town City of Rancho 02/12/2026 Sargent Town Planning Inc 4,275.00 0 4,275.00 Planning Inc: 02/12/2026 Cucamonga Supplier Payment: Mcmaster-Carr City of Rancho 456510 02/12/2026 Mcmaster-Carr Supply 1,311.78 0 1,311.78 Supply Company: 02/12/2026 Cucamonga Company Supplier Payment:Waxie Sanitary City of Rancho 456574 02/12/2026 Waxie Sanitary Supply 8,137.58 0 8,137.58 Supply: 02/12/2026 Cucamonga Supplier Payment: Idexx Distribution City of Rancho 456498 02/12/2026 Idexx Distribution Inc 2,802.48 0 2,802.48 Inc: 02/12/2026 Cucamonga Supplier Payment: Dudek: City of Rancho 456475 02/12/2026 Dudek 1,483.75 0 1,483.75 02/12/2026 Cucamonga Supplier Payment: Grainger: City of Rancho 02/12/2026 Grainger 4,014.01 0 4,014.01 02/12/2026 Cucamonga Supplier Payment: St. Mary's Medical City of Rancho 456547 02/12/2026 St. Mary's Medical Park 25.87 0 25.87 Park Pharmacy: 02/12/2026 Cucamonga Pharmacy Supplier Payment:West Coast Sand City of Rancho 02/12/2026 West Coast Sand &Gravel 1,500.08 0 1,500.08 &Gravel Inc: 02/12/2026 Cucamonga Inc Supplier Payment: California City of Rancho 456453 02/12/2026 California Association of 4,350.00 0 4,350.00 Association of Public Information Cucamonga Public Information Officials Officials: 02/12/2026 Supplier Payment: Michael Baker City of Rancho 02/12/2026 Michael Baker International 137.50 0 137.50 International Inc: 02/12/2026 Cucamonga Inc Supplier Payment: Jordan Beck: City of Rancho 02/12/2026 Jordan Beck 7,913.48 0 7,913.48 02/12/2026 Cucamonga Supplier Payment: Placeworks: City of Rancho 02/12/2026 Placeworks 2,422.50 0 2,422.50 02/12/2026 Cucamonga Supplier Payment:Xerox City of Rancho 456583 02/12/2026 Xerox Corporation 8,133.23 0 8,133.23 Corporation: 02/12/2026 Cucamonga Supplier Payment: Chambers Group City of Rancho 456458 02/12/2026 Chambers Group Inc. 6,993.55 0 6,993.55 Inc.: 02/12/2026 Cucamonga Supplier Payment: MNS Engineers, City of Rancho 456515 02/12/2026 MNS Engineers, Inc. 43,213.00 0 43,213.00 Inc.: 02/12/2026 Cucamonga Supplier Payment: Bernell Hydraulics City of Rancho 02/12/2026 Bernell Hydraulics Inc 1,595.26 0 1,595.26 Inc: 02/12/2026 Cucamonga Page 20 Council Meeting Check Register - without 08:12 AM RANCHO SoCal Gas Page 9/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment: Pars: 02/12/2026 City of Rancho 456531 02/12/2026 Pars 3,500.00 0 3,500.00 Cucamonga Supplier Payment: Mesa Energy City of Rancho 456511 02/12/2026 Mesa Energy Systems Inc 79,638.92 0 79,638.92 Systems Inc: 02/12/2026 Cucamonga Supplier Payment: Katie Wellins: City of Rancho 456503 02/12/2026 Katie Wellins 500.00 0 500.00 02/12/2026 Cucamonga Supplier Payment:Absolute Security City of Rancho 02/12/2026 Absolute Security 8,523.58 0 8,523.58 International Inc: 02/12/2026 Cucamonga International Inc Supplier Payment: Colts Landscape City of Rancho 456462 02/12/2026 Colts Landscape Inc 108,502.04 0 108,502.04 Inc: 02/12/2026 Cucamonga Supplier Payment:Tirehub Llc: City of Rancho 456557 02/12/2026 Tirehub Llc 2,845.24 0 2,845.24 02/12/2026 Cucamonga Supplier Payment: Stotz Equipment: City of Rancho 456548 02/12/2026 Stotz Equipment 315.81 0 315.81 02/12/2026 Cucamonga Supplier Payment: Heritage Wellness City of Rancho 456493 02/12/2026 Heritage Wellness 2,757.00 0 2,757.00 Collective: 02/12/2026 Cucamonga Collective Supplier Payment: Ocean Pacific City of Rancho 02/12/2026 Ocean Pacific Energy 3,594.98 0 3,594.98 Energy Company, LLC: 02/12/2026 Cucamonga Company, LLC Supplier Payment: Social Vocational City of Rancho 02/12/2026 Social Vocational Services 4,900.50 0 4,900.50 Services: 02/12/2026 Cucamonga Supplier Payment:Winsupply City of Rancho 456579 02/12/2026 Winsupply Pomona 4,433.86 0 4,433.86 Pomona: 02/12/2026 Cucamonga Supplier Payment:Willdan Group: City of Rancho 456578 02/12/2026 Willdan Group 85,698.71 0 85,698.71 02/12/2026 Cucamonga Supplier Payment: Federal Express City of Rancho 456481 02/12/2026 Federal Express Corp 7.34 0 7.34 Corp: 02/12/2026 Cucamonga Supplier Payment: Netop Tech Inc: City of Rancho 456523 02/12/2026 Netop Tech Inc 330.00 0 330.00 02/12/2026 Cucamonga Supplier Payment: Dunn-Edwards City of Rancho 02/12/2026 Dunn-Edwards Corporation 734.96 0 734.96 Corporation: 02/12/2026 Cucamonga Supplier Payment: Only Cremations City of Rancho 02/12/2026 Only Cremations For Pets 1,474.00 0 1,474.00 For Pets Inc: 02/12/2026 Cucamonga Inc Supplier Payment: Southern Rancho 456546 02/12/2026 Southern California Edison 0 5,933.73 5,933.73 California Edison: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Herc Rentals Inc: City of Rancho 02/12/2026 Herc Rentals Inc 3,630.10 0 3,630.10 02/12/2026 Cucamonga Supplier Payment:West Coast City of Rancho 456576 02/12/2026 West Coast Arborists Inc 247,607.10 0 247,607.10 Arborists Inc: 02/12/2026 Cucamonga Supplier Payment: Pedrag V. Pecic: City of Rancho 02/12/2026 Pedrag V. Pecic 3,000.00 0 3,000.00 02/12/2026 Cucamonga Supplier Payment: University City of Rancho 456565 02/12/2026 University Enterprises 6,250.00 0 6,250.00 Enterprises Corporation: 02/12/2026 Cucamonga Corporation Page 21 Council Meeting Check Register - without 08:12 AM RANCHO SOCal Gas Page/10/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment:AVI-SPL LLC: City of Rancho 456444 02/12/2026 AVI-SPL LLC 32,256.99 0 32,256.99 02/12/2026 Cucamonga Supplier Payment: Nick Barbieri City of Rancho 456524 02/12/2026 Nick Barbieri Trucking Llc 1,474.74 0 1,474.74 Trucking Llc: 02/12/2026 Cucamonga Supplier Payment: Mariposa City of Rancho 02/12/2026 Mariposa Landscapes Inc 34,096.90 0 34,096.90 Landscapes Inc: 02/12/2026 Cucamonga Supplier Payment: Stanley Pest City of Rancho 02/12/2026 Stanley Pest Control 770.00 0 770.00 Control: 02/12/2026 Cucamonga Supplier Payment: Parkhouse Tire City of Rancho 02/12/2026 Parkhouse Tire Inc 1,846.64 0 1,846.64 Inc: 02/12/2026 Cucamonga Supplier Payment:All City City of Rancho 02/12/2026 All City Management 35,380.52 0 35,380.52 Management Services Inc: Cucamonga Services Inc 02/12/2026 Supplier Payment: Bmla Inc: City of Rancho 456447 02/12/2026 Bmla Inc 300.00 0 300.00 02/12/2026 Cucamonga Supplier Payment: Transtech City of Rancho 02/12/2026 Transtech Engineers Inc 78.50 0 78.50 Engineers Inc: 02/12/2026 Cucamonga Supplier Payment: Franklin Truck Rancho 456485 02/12/2026 Franklin Truck Parts Inc 0 1,652.31 1,652.31 Parts Inc: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Universal Fleet Rancho 456564 02/12/2026 Universal Fleet Supply 0 318.29 318.29 Supply: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Hr Green Pacific City of Rancho 456497 02/12/2026 Hr Green Pacific Inc 62,863.00 0 62,863.00 Inc: 02/12/2026 Cucamonga Supplier Payment: Gateway Pet City of Rancho 456488 02/12/2026 Gateway Pet Cemetery& 400.00 0 400.00 Cemetery&Crematory: 02/12/2026 Cucamonga Crematory Supplier Payment: Covetrus North City of Rancho 456467 02/12/2026 Covetrus North America 105.85 0 105.85 America: 02/12/2026 Cucamonga Supplier Payment: Backflow Parts City of Rancho 456446 02/12/2026 Backflow Parts Usa 10,234.63 0 10,234.63 Usa: 02/12/2026 Cucamonga Supplier Payment:Waxie Sanitary Rancho 456573 02/12/2026 Waxie Sanitary Supply 0 3,329.29 3,329.29 Supply: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Scl: 02/12/2026 Rancho 456541 02/12/2026 Scl 0 2,083.20 2,083.20 Cucamonga Fire Protection District Supplier Payment: Inland Presort& City of Rancho 456499 02/12/2026 Inland Presort&Mailing 376.83 0 376.83 Mailing Services: 02/12/2026 Cucamonga Services Supplier Payment: Daisyeco Inc: City of Rancho 02/12/2026 Daisyeco Inc 654.57 0 654.57 02/12/2026 Cucamonga Page 22 Council Meeting Check Register - without 08:12 AM RANCHO SOCal Gas Page/11/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment:Aquabio City of Rancho 02/12/2026 Aquabio Environmental 1,737.28 0 1,737.28 Environmental Technologies Inc: Cucamonga Technologies Inc 02/12/2026 Supplier Payment: Midwest Tape Llc: City of Rancho 02/12/2026 Midwest Tape Llc 4,165.82 0 4,165.82 02/12/2026 Cucamonga Supplier Payment: Kingdom Rancho 02/12/2026 Kingdom Calibrations Inc 0 1,960.00 1,960.00 Calibrations Inc: 02/12/2026 Cucamonga Fire Protection District Supplier Payment:The Kindred City of Rancho 456551 02/12/2026 The Kindred Corporation 10,019.00 0 10,019.00 Corporation: 02/12/2026 Cucamonga Supplier Payment: Private Brand City of Rancho 02/12/2026 Private Brand Mfg 1,799.43 0 1,799.43 Mfg: 02/12/2026 Cucamonga Supplier Payment:Xerox City of Rancho 456582 02/12/2026 Xerox Corporation 239.02 0 239.02 Corporation: 02/12/2026 Cucamonga Supplier Payment: Ocic Inc: City of Rancho 456529 02/12/2026 Ocic Inc 9,583.54 0 9,583.54 02/12/2026 Cucamonga Supplier Payment: Ewing Irrigation City of Rancho 456478 02/12/2026 Ewing Irrigation Products 3,121.39 0 3,121.39 Products Inc: 02/12/2026 Cucamonga Inc Supplier Payment: Siteone City of Rancho 456542 02/12/2026 Siteone Landscape Supply 1,931.05 0 1,931.05 Landscape Supply Llc: 02/12/2026 Cucamonga Llc Supplier Payment: Nv5 Inc: City of Rancho 456526 02/12/2026 Nv5 Inc 8,479.20 0 8,479.20 02/12/2026 Cucamonga Supplier Payment: Fuel Serv: City of Rancho 456487 02/12/2026 Fuel Sery 1,869.40 0 1,869.40 02/12/2026 Cucamonga Supplier Payment: C V W D: City of Rancho 456470 02/12/2026 C V W D 37,559.26 0 37,559.26 02/12/2026 Cucamonga Supplier Payment:Yunex Llc: City of Rancho 02/12/2026 Yunex Llc 5,911.48 0 5,911.48 02/12/2026 Cucamonga Supplier Payment: Southern City of Rancho 456545 02/12/2026 Southern California Edison 175,635.00 0 175,635.00 California Edison: 02/12/2026 Cucamonga Supplier Payment:The Counseling Rancho 456550 02/12/2026 The Counseling Team 0 2,079.00 2,079.00 Team International: 02/12/2026 Cucamonga Fire International Protection District Supplier Payment: Pre-Paid Legal City of Rancho 456535 02/12/2026 Pre-Paid Legal Services 134.49 0 134.49 Services Inc: 02/12/2026 Cucamonga Inc Supplier Payment: Jorry Keith: City of Rancho 02/12/2026 Jorry Keith 60.00 0 60.00 02/12/2026 Cucamonga Supplier Payment: Califa Group: City of Rancho 456451 02/12/2026 Califa Group 1,743.59 0 1,743.59 02/12/2026 Cucamonga Supplier Payment: General Code Llc: City of Rancho 456489 02/12/2026 General Code Llc 2,681.00 0 2,681.00 02/12/2026 Cucamonga Supplier Payment: Holliday Rock Co City of Rancho 456496 02/12/2026 Holliday Rock Co Inc 3,949.05 0 3,949.05 Inc: 02/12/2026 Cucamonga Page 23 Council Meeting Check Register - without 08:12 AM RANCHO SOCal Gas Page/12/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment: Odp Business City of Rancho 456530 02/12/2026 Odp Business Solutions Llc 7,584.64 0 7,584.64 Solutions Llc: 02/12/2026 Cucamonga Supplier Payment: Jandi Enterprises City of Rancho 456502 02/12/2026 Jandi Enterprises Inc 1,000.00 0 1,000.00 Inc: 02/12/2026 Cucamonga Supplier Payment: Unity Courier City of Rancho 456563 02/12/2026 Unity Courier Service Inc 1,343.70 0 1,343.70 Service Inc: 02/12/2026 Cucamonga Supplier Payment: Ups: 02/12/2026 City of Rancho 02/12/2026 Ups 94.28 0 94.28 Cucamonga Supplier Payment:Tryfytt: City of Rancho 456560 02/12/2026 Tryfytt 616.00 0 616.00 02/12/2026 Cucamonga Supplier Payment: Los Angeles City of Rancho 456507 02/12/2026 Los Angeles Times 1,265.35 0 1,265.35 Times: 02/12/2026 Cucamonga Supplier Payment: D&K Concrete City of Rancho 02/12/2026 D&K Concrete Company 770.42 0 770.42 Company: 02/12/2026 Cucamonga Supplier Payment:White Cap Lp: City of Rancho 456577 02/12/2026 White Cap Lp 546.60 0 546.60 02/12/2026 Cucamonga Supplier Payment: Shred Pros: City of Rancho 02/12/2026 Shred Pros 70.00 0 70.00 02/12/2026 Cucamonga Supplier Payment: North Net Fire Rancho 456525 02/12/2026 North Net Fire Training 0 200.00 200.00 Training Center: 02/12/2026 Cucamonga Fire Center Protection District Supplier Payment: C V W D: Rancho 456469 02/12/2026 C V W D 0 442.00 442.00 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Thomas A City of Rancho 456554 02/12/2026 Thomas A Flamino 700.00 0 700.00 Flamino: 02/12/2026 Cucamonga Supplier Payment:Zoll Medical Rancho 456584 02/12/2026 Zoll Medical Corporation 0 5,859.00 5,859.00 Corporation: 02/12/2026 Cucamonga Fire Protection District Supplier Payment:Toni Pasion: City of Rancho 456558 02/12/2026 Toni Pasion 4,978.00 0 4,978.00 02/12/2026 Cucamonga Supplier Payment: Level 3 City of Rancho 456506 02/12/2026 Level 3 Communications 12,127.32 0 12,127.32 Communications Llc: 02/12/2026 Cucamonga Llc Supplier Payment: Intervet Inc: City of Rancho 456500 02/12/2026 Intervet Inc 3,426.45 0 3,426.45 02/12/2026 Cucamonga Supplier Payment: Federal Express Rancho 456480 02/12/2026 Federal Express Corp 0 10.91 10.91 Corp: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Dependable City of Rancho 02/12/2026 Dependable Break Room 62.94 0 62.94 Break Room Solutions Inc: Cucamonga Solutions Inc 02/12/2026 Supplier Payment: Occupational City of Rancho 456528 02/12/2026 Occupational Health 200.00 0 200.00 Health Centers Of Ca: 02/12/2026 Cucamonga Centers Of Ca Page 24 Council Meeting Check Register - without 08:12 AM RANCHO SOCal Gas Page/13/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment:Alta Rancho Pet& City of Rancho 02/12/2026 Alta Rancho Pet&Bird 100.00 0 100.00 Bird Hospital: 02/12/2026 Cucamonga Hospital Supplier Payment: Golden Oaks Vet City of Rancho 456491 02/12/2026 Golden Oaks Vet Hospital 200.00 0 200.00 Hospital: 02/12/2026 Cucamonga Supplier Payment: Cobra Rancho 02/12/2026 Cobra Professionals, INC. 0 530.80 530.80 Professionals, INC.: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Richards Watson City of Rancho 02/12/2026 Richards Watson & 78,233.41 0 78,233.41 &Gershon: 02/12/2026 Cucamonga Gershon Supplier Payment: Cobra City of Rancho 02/12/2026 Cobra Professionals, INC. 1,334.10 0 1,334.10 Professionals, INC.: 02/12/2026 Cucamonga Supplier Payment: National Signal City of Rancho 456522 02/12/2026 National Signal LLC 578.73 0 578.73 LLC: 02/12/2026 Cucamonga Supplier Payment: Dlr Group Inc: City of Rancho 02/12/2026 Dlr Group Inc 46,593.97 0 46,593.97 02/12/2026 Cucamonga Supplier Payment:ARC Imaging City of Rancho 456441 02/12/2026 ARC Imaging Resources 1,160.68 0 1,160.68 Resources: 02/12/2026 Cucamonga Supplier Payment: Us Department Of City of Rancho 02/12/2026 Us Department Of Energy 8,376.94 0 8,376.94 Energy: 02/12/2026 Cucamonga Supplier Payment: Sidepath Inc: City of Rancho 02/12/2026 Sidepath Inc 2,858.00 0 2,858.00 02/12/2026 Cucamonga Supplier Payment: Red Wing City of Rancho 456538 02/12/2026 Red Wing Business 200.00 0 200.00 Business Advantage Account: Cucamonga Advantage Account 02/12/2026 Supplier Payment:Airgas Usa Llc: City of Rancho 456437 02/12/2026 Airgas Usa Llc 24.67 0 24.67 02/12/2026 Cucamonga Supplier Payment:Verizon Wireless- City of Rancho 456570 02/12/2026 Verizon Wireless-La 3,267.60 0 3,267.60 La: 02/12/2026 Cucamonga Supplier Payment: San Bernardino Rancho 456540 02/12/2026 San Bernardino Cty Fire 0 120.00 120.00 Cty Fire Ems Officers: 02/12/2026 Cucamonga Fire Ems Officers Protection District Supplier Payment: Computershare City of Rancho 456463 02/12/2026 Computershare Trust 2,000.00 0 2,000.00 Trust Company Na: 02/12/2026 Cucamonga Company Na Supplier Payment: Compressed Air Rancho 02/12/2026 Compressed Air 0 700.00 700.00 Specialties: 02/12/2026 Cucamonga Fire Specialties Protection District Supplier Payment: Cprs: 02/12/2026 City of Rancho 456468 02/12/2026 Cprs 165.00 0 165.00 Cucamonga Supplier Payment: Dan's Lawnmower Rancho 456471 02/12/2026 Dan's Lawnmower Center 0 351.79 351.79 Center: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Pepe's Towing City of Rancho 456532 02/12/2026 Pepe'S Towing Service 360.00 0 360.00 Service: 02/12/2026 Cucamonga Page 25 Council Meeting Check Register - without 08:12 AM RANCHO SOCal Gas Page/14/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment: United Site City of Rancho 456562 02/12/2026 United Site Services 301.29 0 301.29 Services: 02/12/2026 Cucamonga Supplier Payment: Occupational Rancho 456527 02/12/2026 Occupational Health 0 1,379.00 1,379.00 Health Centers Of Ca: 02/12/2026 Cucamonga Fire Centers Of Ca Protection District Supplier Payment:Allstar Fire Rancho 02/12/2026 Allstar Fire Equipment Inc 0 474.19 474.19 Equipment Inc: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Bosch Building City of Rancho 456448 02/12/2026 Bosch Building 3,823.17 0 3,823.17 Technologies LLC: 02/12/2026 Cucamonga Technologies LLC Supplier Payment: Frontier City of Rancho 456486 02/12/2026 Frontier Communications 3,779.00 0 3,779.00 Communications: 02/12/2026 Cucamonga Supplier Payment: Motive Energy City of Rancho 456518 02/12/2026 Motive Energy Llc 346.12 0 346.12 Llc: 02/12/2026 Cucamonga Supplier Payment: Carahsoft City of Rancho 02/12/2026 Carahsoft Technology 12,643.83 0 12,643.83 Technology Corp: 02/12/2026 Cucamonga Corp Supplier Payment:A Y Nursery Inc: City of Rancho 456445 02/12/2026 A Y Nursery Inc 3,070.88 0 3,070.88 02/12/2026 Cucamonga Supplier Payment: Napa Auto Parts: Rancho 02/12/2026 Napa Auto Parts 0 1,634.67 1,634.67 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Positive Rancho 456533 02/12/2026 Positive Promotions Inc. 0 5,172.35 5,172.35 Promotions Inc.: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Psa Print Group: City of Rancho 02/12/2026 Psa Print Group 53.10 0 53.10 02/12/2026 Cucamonga Supplier Payment:Wendy Duong: City of Rancho 456575 02/12/2026 Wendy Duong 533.00 0 533.00 02/12/2026 Cucamonga Supplier Payment: Directv: City of Rancho 456474 02/12/2026 Directv 106.24 0 106.24 02/12/2026 Cucamonga Supplier Payment: League Of City of Rancho 456505 02/12/2026 League Of California Cities 41,090.00 0 41,090.00 California Cities: 02/12/2026 Cucamonga Supplier Payment: Hi-Line Electric City of Rancho 456494 02/12/2026 Hi-Line Electric Company 1,653.77 0 1,653.77 Company: 02/12/2026 Cucamonga Supplier Payment: United Pumping City of Rancho 456561 02/12/2026 United Pumping Service, 2,645.00 0 2,645.00 Service, Inc.: 02/12/2026 Cucamonga Inc. Supplier Payment: Carly Lake- City of Rancho 456456 02/12/2026 Carly Lake-Irigoyen 1,033.00 0 1,033.00 Irigoyen: 02/12/2026 Cucamonga Supplier Payment: San Bernardino Rancho 456539 02/12/2026 San Bernardino County 0 13,543.00 13,543.00 County: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: South Coast City of Rancho 456544 02/12/2026 South Coast Aqmd 1,249.00 0 1,249.00 Agmd: 02/12/2026 Cucamonga Page 26 Council Meeting Check Register - without 08:12 AM RANCHO SOCal Gas Page/15/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment: California Narcotic City of Rancho 456454 02/12/2026 California Narcotic Officers 1,800.00 0 1,800.00 Officers Association: 02/12/2026 Cucamonga Association Supplier Payment:Western Rancho 02/12/2026 Western Extrication 0 61,592.70 61,592.70 Extrication Specialists Inc: Cucamonga Fire Specialists Inc 02/12/2026 Protection District Supplier Payment: Maria Elena City of Rancho 456508 02/12/2026 Maria Elena Alvarez 432.00 0 432.00 Alvarez: 02/12/2026 Cucamonga Supplier Payment: Felicity USA City of Rancho 02/12/2026 Felicity USA Management 48.00 0 48.00 Management Services LLC: Cucamonga Services LLC 02/12/2026 Supplier Payment:Alma Arocho: City of Rancho 02/12/2026 Alma Arocho 408.00 0 408.00 02/12/2026 Cucamonga Supplier Payment: Haulaway Storage City of Rancho 456492 02/12/2026 Haulaway Storage 119.84 0 119.84 Containers Inc: 02/12/2026 Cucamonga Containers Inc Supplier Payment: Dfm Associates: City of Rancho 456473 02/12/2026 Dfm Associates 150.15 0 150.15 02/12/2026 Cucamonga Supplier Payment: Psa Print Group: Rancho 02/12/2026 Psa Print Group 0 64.26 64.26 02/12/2026 Cucamonga Fire Protection District Supplier Payment:Vulcan Materials City of Rancho 456572 02/12/2026 Vulcan Materials Company 117.31 0 117.31 Company: 02/12/2026 Cucamonga Supplier Payment:Verizon Business: Rancho 456569 02/12/2026 Verizon Business 0 3,887.52 3,887.52 02/12/2026 Cucamonga Fire Protection District Supplier Payment: So Cal Sandbags City of Rancho 02/12/2026 So Cal Sandbags Inc 2,446.89 0 2,446.89 Inc: 02/12/2026 Cucamonga Supplier Payment: EN Engineering, City of Rancho 456477 02/12/2026 EN Engineering, LLC 8,531.40 0 8,531.40 LLC: 02/12/2026 Cucamonga Supplier Payment: Fleetpride: Rancho 456483 02/12/2026 Fleetpride 0 168.77 168.77 02/12/2026 Cucamonga Fire Protection District Supplier Payment:True North Rancho 456559 02/12/2026 True North Engineering 0 2,500.00 2,500.00 Engineering Inc.: 02/12/2026 Cucamonga Fire Inc. Protection District Supplier Payment: Mdg Associates City of Rancho 02/12/2026 Mdg Associates Inc 14,878.00 0 14,878.00 Inc: 02/12/2026 Cucamonga Supplier Payment: Kimley-Horn & City of Rancho 02/12/2026 Kimley-Horn&Associates 41,402.00 0 41,402.00 Associates Inc: 02/12/2026 Cucamonga Inc Supplier Payment: Conor Consulting City of Rancho 456465 02/12/2026 Conor Consulting Llc 831.25 0 831.25 Llc: 02/12/2026 Cucamonga Supplier Payment: Merrimac Rancho 02/12/2026 Merrimac Petroleum Inc 0 26,416.69 26,416.69 Petroleum Inc: 02/12/2026 Cucamonga Fire Protection District Page 27 Council Meeting Check Register - without 08:12 AM RANCHO SOCal Gas Page/16/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment:Victoria Animal City of Rancho 456571 02/12/2026 Victoria Animal Hospital 200.00 0 200.00 Hospital: 02/12/2026 Cucamonga Supplier Payment: Executive Auto Rancho 456479 02/12/2026 Executive Auto Detail 0 1,160.00 1,160.00 Detail: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Rancho City of Rancho 456536 02/12/2026 Rancho Cucamonga 5,350.00 0 5,350.00 Cucamonga Chamber Of Commerce: Cucamonga Chamber Of Commerce 02/12/2026 Supplier Payment: Fire Apparatus Rancho 456482 02/12/2026 Fire Apparatus Solutions 0 2,298.27 2,298.27 Solutions: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: 11 11 Systems, City of Rancho 02/12/2026 11 11 Systems, Inc 1,192.65 0 1,192.65 Inc: 02/12/2026 Cucamonga Supplier Payment:The Sign Shop: City of Rancho 456552 02/12/2026 The Sign Shop 105.06 0 105.06 02/12/2026 Cucamonga Supplier Payment: Rancho Smog City of Rancho 456537 02/12/2026 Rancho Smog Center 49.95 0 49.95 Center: 02/12/2026 Cucamonga Supplier Payment:Atlas West, Inc.: City of Rancho 456442 02/12/2026 Atlas West, Inc. 1,932.37 0 1,932.37 02/12/2026 Cucamonga Supplier Payment:Wirz&Company: City of Rancho 456581 02/12/2026 Wirz&Company 323.25 0 323.25 02/12/2026 Cucamonga Supplier Payment: Re Astoria 2 Llc: City of Rancho 02/12/2026 Re Astoria 2 Llc 35,957.64 0 35,957.64 02/12/2026 Cucamonga Supplier Payment: Calif Department City of Rancho 456452 02/12/2026 Calif Department Of 22,678.17 0 22,678.17 Of Conservation: 02/12/2026 Cucamonga Conservation Supplier Payment: Us Postal Service: City of Rancho 456567 02/12/2026 Us Postal Service 3,500.00 0 3,500.00 02/12/2026 Cucamonga Supplier Payment: South Coast Rancho 456543 02/12/2026 South Coast Aqmd 0 1,640.33 1,640.33 Aqmd: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Geocon West, City of Rancho 456490 02/12/2026 Geocon West, Inc. 19,810.00 0 19,810.00 Inc.: 02/12/2026 Cucamonga Supplier Payment: Sovic Creative: City of Rancho 02/12/2026 Sovic Creative 2,000.00 0 2,000.00 02/12/2026 Cucamonga Supplier Payment: Chaffey Joint City of Rancho 02/12/2026 Chaffey Joint Union High 1,488.36 0 1,488.36 Union High School District: Cucamonga School District 02/12/2026 Supplier Payment:American Society City of Rancho 456440 02/12/2026 American Society Of 230.00 0 230.00 Of Safety Professionals: 02/12/2026 Cucamonga Safety Professionals Supplier Payment: Emergency Rancho 456476 02/12/2026 Emergency Medical 0 708.00 708.00 Medical Services Authority: Cucamonga Fire Services Authority 02/12/2026 Protection District Page 28 Council Meeting Check Register - without 08:12 AM RANCHO SOCal Gas Page/17/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment:Alphagraphics: City of Rancho 456439 02/12/2026 Alphagraphics 177.79 0 177.79 02/12/2026 Cucamonga Supplier Payment: Fleetcrew: City of Rancho 02/12/2026 Fleetcrew 1,471.63 0 1,471.63 02/12/2026 Cucamonga Supplier Payment: Life-Assist Inc: Rancho 02/12/2026 Life-Assist Inc 0 3,253.07 3,253.07 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Demco Inc: City of Rancho 456472 02/12/2026 Demco Inc 2,366.22 0 2,366.22 02/12/2026 Cucamonga Supplier Payment: Ninyo&Moore: City of Rancho 02/12/2026 Ninyo& Moore 1,322.00 0 1,322.00 02/12/2026 Cucamonga Supplier Payment: Pramira Inc.: City of Rancho 02/12/2026 Pramira Inc. 339,106.71 0 339,106.71 02/12/2026 Cucamonga Supplier Payment:ACC Contractors, City of Rancho 456435 02/12/2026 ACC Contractors, Inc. 341,701.74 0 341,701.74 Inc.: 02/12/2026 Cucamonga Supplier Payment: Ln Curtis&Sons: Rancho 02/12/2026 Ln Curtis&Sons 0 27,637.88 27,637.88 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Mwi Animal City of Rancho 456519 02/12/2026 Mwi Animal Health 2,156.80 0 2,156.80 Health: 02/12/2026 Cucamonga Supplier Payment: Urban Arena: City of Rancho 456566 02/12/2026 Urban Arena 148.40 0 148.40 02/12/2026 Cucamonga Supplier Payment: Elecnor Belco City of Rancho 02/12/2026 Elecnor Belco Electric Inc 42,325.73 0 42,325.73 Electric Inc: 02/12/2026 Cucamonga Supplier Payment: Tirehub Llc: Rancho 456556 02/12/2026 Tirehub Llc 0 1,450.10 1,450.10 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Midwest City of Rancho 456512 02/12/2026 Midwest Veterinary Supply 2,543.24 0 2,543.24 Veterinary Supply Inc: 02/12/2026 Cucamonga Inc Supplier Payment: Continental City of Rancho 456466 02/12/2026 Continental Girbau West 5,183.11 0 5,183.11 Girbau West Llc: 02/12/2026 Cucamonga Llc Supplier Payment: Scott Mcleod City of Rancho 02/12/2026 Scott Mcleod Plumbing Inc 3,874.00 0 3,874.00 Plumbing Inc: 02/12/2026 Cucamonga Supplier Payment: Concept Powder City of Rancho 456464 02/12/2026 Concept Powder Coating 390.00 0 390.00 Coating: 02/12/2026 Cucamonga Supplier Payment: Stover Seed City of Rancho 456549 02/12/2026 Stover Seed Company 4,633.25 0 4,633.25 Company: 02/12/2026 Cucamonga Supplier Payment: Data Ticket Inc: City of Rancho 02/12/2026 Data Ticket Inc 4,940.88 0 4,940.88 02/12/2026 Cucamonga Supplier Payment: Ccs Orange City of Rancho 456457 02/12/2026 Ccs Orange County 74,565.18 0 74,565.18 County Janitorial Inc: 02/12/2026 Cucamonga Janitorial Inc Supplier Payment: Hci Environmental City of Rancho 02/12/2026 Hci Environmental& 8,770.45 0 8,770.45 &Engineering Svc: 02/12/2026 Cucamonga Engineering Svc Page 29 Council Meeting Check Register - without 08:12 AM RANCHO SOCal Gas Page/18/of 18 CUCAMONGA Rancho Supplier Payment Company Check Check Date Supplier Name City of Rancho Cucamonga Fire Payment Amount for Number Cucamonga Protection District Reporting Transaction Supplier Payment: 360 Deep Rancho 02/12/2026 360 Deep Cleaning Llc 0 9,230.00 9,230.00 Cleaning Llc: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Hi-Way Safety City of Rancho 456495 02/12/2026 Hi-Way Safety Inc 10,800.00 0 10,800.00 Inc: 02/12/2026 Cucamonga Supplier Payment: Brightview City of Rancho 02/12/2026 Brightview Landscape 38,912.57 0 38,912.57 Landscape Services Inc: 02/12/2026 Cucamonga Services Inc Supplier Payment: Coast Fitness City of Rancho 456461 02/12/2026 Coast Fitness Repair Shop 300.00 0 300.00 Repair Shop: 02/12/2026 Cucamonga Supplier Payment:Autolift Services City of Rancho 02/12/2026 Autolift Services Inc 2,524.45 0 2,524.45 Inc: 02/12/2026 Cucamonga Supplier Payment: Napa Auto Parts: City of Rancho 02/12/2026 Napa Auto Parts 1,670.60 0 1,670.60 02/12/2026 Cucamonga Supplier Payment: Champion Fire City of Rancho 02/12/2026 Champion Fire Systems 829.69 0 829.69 Systems Inc: 02/12/2026 Cucamonga Inc Supplier Payment: Cintas City of Rancho 456586 02/12/2026 Cintas Corporation 850.76 0 850.76 Corporation: 02/12/2026 Cucamonga Supplier Payment: Frontier Comm: Rancho 456588 02/12/2026 Frontier Comm 0 2,621.09 2,621.09 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Covetrus North City of Rancho 456587 02/12/2026 Covetrus North America 898.71 0 898.71 America: 02/12/2026 Cucamonga Supplier Payment: Cintas Rancho 456585 02/12/2026 Cintas Corporation 0 2,251.85 2,251.85 Corporation: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Roadway Asset City of Rancho 456593 02/12/2026 Roadway Asset Services, 5,000.00 0 5,000.00 Services, LLC: 02/12/2026 Cucamonga LLC Supplier Payment: Mwi Animal City of Rancho 456592 02/12/2026 Mwi Animal Health 1,038.03 0 1,038.03 Health: 02/12/2026 Cucamonga Supplier Payment:Wilson& Bell City of Rancho 456594 02/12/2026 Wilson &Bell Auto Service 814.20 0 814.20 Auto Service: 02/12/2026 Cucamonga Supplier Payment: Frontier Comm: City of Rancho 456589 02/12/2026 Frontier Comm 1,440.30 0 1,440.30 02/12/2026 Cucamonga Supplier Payment: Lowes Rancho 456591 02/12/2026 Lowes Companies Inc 0 1,510.43 1,510.43 Companies Inc: 02/12/2026 Cucamonga Fire Protection District Supplier Payment: Lowes City of Rancho 456590 02/12/2026 Lowes Companies Inc 5,607.68 0 5,607.68 Companies Inc: 02/12/2026 Cucamonga 4,416,331.29 408,574.00 4,824,905.29 Page 30 qw--00r= $ CITY OF RANCHO CUCAMONGA DATE: March 4, 2026 TO: Mayor and Members of the City Council FROM: Elisa C. Cox, City Manager INITIATED BY: Julie A. Sowles, Deputy City Manager Peter Castro, Deputy City Manager Jason Welday, Director of Engineering Services/City Engineer Jevin Kaye, Finance Director Rick Flinchum, Deputy Finance Director SUBJECT: Consideration to Receive and File the AB 1600 Development Impact Fee Report for the Fiscal Year Ended June 30, 2025. (CITY) RECOMMENDATION: Staff recommends the City Council receive and file the AB 1600 Development Impact Fee Report for the Fiscal Year ended June 30, 2025. BACKGROUND: California Government Code Sections 66000-66025 (the "Mitigation Fee Act") sets forth the legal requirements for enactment of a development impact fee program, the bulk of which was adopted as 1987's Assembly Bill (AB) 1600 and commonly referred to as "AB 1600 requirements". The AB 1600 requirements stipulate that fees imposed on new development have the proper nexus to any project on which they are imposed. In addition, AB 1600 requires any local agency that imposes development impact fees to prepare an annual report providing specific information about those fees as defined in Government Code Sections 66006(b) and 66001(d). Each year, the City prepares the Development Impact Fee Report to meet these requirements. ANALYSIS: California Government Code Section 66006(b) requires the City to report the following information for each separate development impact fee account or fund: 1. A brief description of the type of fee in the fund. 2. The amount of the fee. 3. The beginning and ending balance of the account or fund. 4. The amount of the fees collected and interest earned. 5. An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement. 6. Identification of an approximate date by which the construction of the public improvement will commence if sufficient funds have been collected. 7. A description of each interfund transfer or loan made from the account or fund. 8. The amount of refunds made, or due to be made, from surplus fees. Or the amount of refunds made from surplus fees. Page 31 The City Council should receive this report per AB 1600 requirements. After Council approval, this report will be available for public review on the City's website per Section 66006(b). FISCAL IMPACT: None. COUNCIL MISSION /VISION /VALUE(S) ADDRESSED: This item addresses the City Council's Core Value of intentionally embracing and anticipating the future by complying with reporting requirements for revenues that mitigate development impacts. ATTACHMENTS: Attachment 1 —AB1600 Development Impact Fee Report for the Fiscal Year Ended June 30, 2025 Page 2 Page 32 CITY OF RANCHO CUCAMONGA AB 1600 DEVELOPMENT IMPACT FEE REPORT FOR THE FISCAL YEAR ENDED JUNE 307 2025 ATTACHMENT 1 1 Page 33 Table of Contents LegalRequirements..................................................................................................................3 Description of Public Facility Fees......................................................................................4-18 CurrentFee Schedule ........................................................................................................19-23 Development Impact Fee Capital Project Expenditures...................................................24-27 2 Page 34 LEGAL REQUIREMENTS FOR DEVELOPMENT IMPACT FEE REPORTING On June 4, 1980, the City Council approved the collection of fees for park and recreational expansion in the City of Rancho Cucamonga to mitigate the impacts of future development (formerly RCMC 3.24). In the following years, the City Council approved additional development impact fees for Transportation (RCMC Chapter 3.28), Drainage Systems (RCMC Chapters 13.08 and 13.09), Community and Recreation Center (RCMC Chapter 3.52), Library (RCMC Chapter 3.56), Animal Center (RCMC Chapter 3.60), Police (RCMC Chapter 3.64), and Park In-Lieu/Park Impact (RCMC Chapter 3.68). Nexus procedures were developed to establish the relationship between the proposed development and its impact on the City. Pursuant to the Municipal Code, impact fees have been periodically updated since considering the initial Development Impact Fee Resolutions by the City Council. A. California Government Code Sections 66006(b) California Government Code Section 66006(b) defines the specific reporting requirements for local agencies that impose AB 1600 DIFs on new development.Annually,for each separate fund established for the collection and expenditure of DIFs,the local agency shall make available to the public the information shown below for the most recent fiscal year. 1. A brief description of the type of fee in the fund 2. The amount of the fee 3. The beginning and ending balance of the account or fund 4. The amount of the fees collected and interest earned 5. An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement. (Development Impact Fee Capital Project Expenditure Schedule located at end of report) 6. Identification of an approximate date by which the construction of the public improvement will commence if sufficient funds have been collected 7. A description of each interfund transfer or loan made from the account or fund 8. The amount of refunds made due to made from surplus fees C. ADDITIONAL NOTES The State of California Government Code Section 66002 states that local agencies that have developed a fee program may adopt a capital improvement plan indicating the approximate location, size, and timing of projects, plus an estimate for the cost of all facilities or improvements to be financed by fees.The City's Fiscal Year 2025/2026 Major Projects Program can be found on the City's website (www.cityofrc.us). 3 Page 35 DESCRIPTION OF DEVELOPMENT IMPACT FEES Fund 111—Park Land Acquisition: This fee intends to provide funding for the development and acquisition of parks. Due to the provisions of the Quimby Act applying only to land acquisition and only in residential subdivisions,separate park impact fees for park Land acquisition in non-subdivision projects and park improvements are necessary.The park fees are calculated for a single service area encompassing the entire City. Impact fees for this fund are calculated in accordance with Resolution No. 2025-010 using the per capita costs and average population per dwelling unit.The impact fee per dwelling unit varies depending on the development type. Statement of Revenues,Expenditures and Changes in Fund Balance Last Five Fiscal Years,Ended June 30, Description 2021 2022 2023 2024 2025 Revenues Fees $ 1,429,190 $ 1,699,875 $ 570,771 $ 1,175,176 $ 738,076 Interest 5,983 (257,832) 83,577 375,2S1 3S1,370 Total Revenues 1,435,173 1,442,043 654,348 1,550,457 1,119,447 Expenditures Capital - - - - - Other z 15,454 2,490 2,920 3,110 2,910 Total Expenditures 15,454 2,490 2,920 3,110 2,910 Revenues over(Under)Expenditures 1,419,719 1,439,563 651,428 1,547,347 1,116,537 Fund Balance,Beginning of year 4,075,856 5,495,575 6,935,138 7,586,566 9,133,913 Fund Balance,End of year $ 5,495,575 $ 6,935,138 $ 7,586,566 $ 9,133,913 $ 10,250,450 Five-Year Revenue Test Revenue Available: Current Fiscal Year $ 1,429,1.90 $ 1,699,875 $ 570,771 $ 1,175,176 $ 738,076 Prior Fiscal Year(2-yr Old Funds) 1,029.923 1,429,190 1,699,875 570,771 1.175.176 Prior Fiscal Year(3-yr Old Funds) 1,537,574 1,029,923 1,429,190 1,699,875 570,771 Prior Fiscal Year(4-yr Old Funds) 190,3H 1,537,674 1,029,923 1,429,190 1,699,875 Prior Fiscal Year(5-yr Old Funds) 1,072,996 190,389 1,537,674 1,029,923 1,429,190 In Excess of Five Prior Fiscal Years 60,251 1,130,767 1,318,236 2,852,800 3,879,813 Accumulated Interest Earned 175,153 (82,679) 898 376,179 757,549 Total Revenue Available $ 5,495,575 $ 6,935,139 $ 7,586,566 $ 91133,913 $ 10.250.450 Notes: 1.Negative Interest is caused by GASB 31 for the temporary fair value adjustment 2.Other expenditures consist of personnel costs,noncapital purchases and services,and administrative costs. 4 Page 36 Fund 112-Drainage Facilities: The City of Rancho Cucamonga is affected by surface and storm waters. The continual subdivision and development of property within the City has demanded existing facilities that handle surface and storm waters. To provide an equitable manner for the apportionment of the cost of the development of such facilities,the City Council determined that a drainage plan must be adopted and a drainage fee established to provide funds to be used for the construction of the facilities described in the drainage plan. Impact fees for this fund are calculated in accordance with Resolution No. 02-061 at a rate based on the net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Statement of Revenues,Expenditures and Changes in Fund Balance Last Five Fiscal Years,Ended June 30, deszr'tp'on 2021 2022 2323 2u24 2025 Revenues Fees $ 441,124 $ 11859,788 $ 225,252 $ 249,091 $ 88,981 nterest (1.5,115) (111,268) 37,479 140,829 132,488 Total Revenues 426,DD9 1,749,520 262,731 388,910 221,469 Expenditures. Capital 3,513,841 138,660 20,000 - 1,564 Other` 49,364 49,799 39,431 S,66� 2,260 Total Expenditures 3,563,206 188,459 59,431 S,66-- S,824 Revenues Over(Under)Expenditures (3,137,197) 1,560,061 203,3w 3gu'250 217,544 Fund Balance,Beginning of year 4,235,403 1,B9g,206 2,658,267 2,961,559 3,241,819 Fund Balance,End of year $ 1,098,206 $ 2,656,267 $ 2,861,568 $ 3,241,819 $ 3,459,464 Five-Year Revenue Test Revenue Available- Current Fiscal Year $ 441,124 $ 1,859,788 $ 225,252 $ 248,091 $ 88,981 Prior Fiscal Year(2-yr Old Funds) 567,565 441,124 11859,788 225,252 248,081 Prior Fiscal Year(3-yr 41d Funds) - 179,205 441,124 1,8591788 225,252 Prior Fiscal Year(4-yr Old Funds) - - 119,775 452,454 11859,788 Prior Fiscal Year(5-yr Old Funds) - - - 119,775 432,464 In Excess of Five Prior Fiscal Years - - - - 115,951 Accumulated nterest Earned 289,417 179,149 215,628 356,457 488,945 Total Revenue Available $ 1,098,206 $ 2,658,267 $ 2,861,568 $ 3,241,819 $ 3,459,464 Notes; 1.Negat ve nterest's caused by GASB 31 for the temporary fair value adjustment 2.Other expend'tures consist of personnel costs,noncapital purchases and services,and administrative costs. 3.F've-Year Revenue test met in accordance with Government Code 66001(d). 5 Page 37 Fund 113-Community and Recreation Centers: This fee relates to the City's existing community and recreation centers and the Victoria Gardens Cultural Center.The impact fees may be used for, but shall not limited to, land acquisition and site improvements, building construction/expansion, interior building improvements, furniture, fixtures and exercise equipment,sports and play equipment,special needs equipment,technical centers,and aquatic facilities. Impact fees for this fund are calculated in accordance with Resolution No. 2025-010 using the per capita costs for replacement costs and the existing population. The City's community and recreation centers serve the entire City, so the Community and Recreation Center Impact Fees are calculated for a single service area encompassing the whole City. Statement of Revenues,Expend ituresand Changes in Fund Balance Last Five Fiscal Years,Ended June 30, Oescritpion 2021 2--22 2--23 2--2- 2025 Revenues Fees 5 533,397 $ 893,3-2 5 696,074 5 537,731 5 364,429 Interest 1,27E (1 5,v35) 17,992 174,160 275,921 Total Revenues 534,665 788,3--7 714,056 712,991 540,350 Expenditures Cap ita I - - - Other 2 6,147 916 716 750 3,E02 Total Expenditures 6,147 916 716 750 3,E02 Revenues Over(Under)Expenditures 528,51E 797,397 713,346 711,141 536,54E Fund Balance,Beginning of year 1,476,195 1,99E,712 2,7E6,109 9,499,455 4,216,596 Fund Balance,End of year 5 1,999,712 5 2,?SE,1 9 5 3,499,455 5 4,216,596 5 4,747,144 Five-Year Revenue Test Revenue Ava' ab e: CurrentF sca Year 5 533,397 $ 593,3'2 $ 696,U74 5 537,731 $ 364,429 Fr'or Fiscal Year(2-yr Old Funds) 362,663 533,397 993,342 696,074 537,731 Fr'or Fiscal Year(3-yr Old Funds) 543,520 362,663 533,397 993,342 696,074 Prior Fiscal Year(4-yr Old Funds) 65,645 543,520 362,663 533,397 993,342 Prior Fiscal Year(5-yr Old Funds) 422,192 65,645 543,520 362,663 533,397 In Excess of Five Prior Fiscal Years 7,46E 429,739 493,674 1,036,444 1,395,305 Accumulated Interest Earned 63,94E (42,197) (23,205) 150,955 326,976 Total Revenue Available $ 1,99E,712 $ 2,796,109 5 3,499,L55 5 4,210,596 5 4,747,144 Notes; 1.Negatve Interest is caused by GASB 31 for the temporary fair value adjustment 2.Other expend tures consist of personnel costs,noncapital purchases and sery--es,and adm n strative costs. 6 Page 38 Fund 114-Drainage-Etiwanda/San Sevaine: To implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan and mitigate the drainage impacts in the Etiwanda/San Sevaine Local Drainage Area caused by new development, certain public drainage improvements must be or have to be constructed.The City Council determined that a development impact fee is needed to finance these public improvements and assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on the net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Statement of Revenues,Expenditures and Changes in Fund Balance Last Five Fiscal Years,Ended June 30, Description 2021 2022 2023 2024 2025 Revenues Fees S 9,048 S 137,982 S 94,556 S 1,17D 5 90,157 nterest (249) (15,092) 2,682 24,795 5,259 Total Revenues 8,799 122,890 97,238 25,965 95,39E Expenditures vap'ta - - - - Other' 250 250 13D 130 28-- Total Expenditures 250 2-50 130 130 2K Revenues Over(Under)Expenditures 9,549 122,640 97,108 25,835 95,11E Fund Balance, Beginning of year 269,570 278,119 400,759 497,867 523,7--2 Fund Balance, End ofyear $ 27F,,119 $ 4DD,759 $ 497,967 $ 523,702 $ ES°s1s Fiwe Year Revenue Test R even ueAvaiIable- Current Fiscal Year S 9,048 S 137,982 S 94,556 S 1,170 5 90,137 Prior Fiscal Year(2-yr Old Funds) 14,430 9,049 137,982 94,556 1,170 Prior Fiscal Year(3-yrOld Funds) 16,848 14,430 9,048 137,982 94,555 Prior Fiscal Year(4-yrOld Funds) 93,756 16,848 14,430 9,048 137,982 Prior Fiscal Year(5-yrOld Funds) a5,142 178,648 195,366 14,430 9,048 .n Excess of Five Prior Fiscal Years - - - 195,236 209,386 Accurnu ated nterest Earned 5?,995 43,803 46,4&5 71,2913 76,539 Total Revenue Available $ 274,119 $ nnn 759 $ -97,?E7 $ 523,7--2 5 618,818 Notes: 1.Negat've nterest iscaused by GASB 31 for the temporary fair value adjustment 2.Other expend tures consist of personnel costs.,noncapital purchases and sear ces,and acm n'strativecosts. 3.F'veAear Revenue test met in accord ancewith G overn ment Co d e 66001(d). 7 Page 39 Fund 115—Drainage-Henderson/Wardman: To implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan and mitigate the drainage impacts in the Henderson/Wardman Local Drainage Area caused by new development, certain public drainage improvements must be or have to be constructed.The City Council determined that a development impact fee is needed to finance these public improvements and assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on the net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Statement of Revenues,Expenditures and Changes in Fund Balance Last Five Fiscal Years,Ended June 30, Description 2--21 2--22 2--23 2--2— 2D25 Revenues Fees 5 S 5 2,--5- $ 5 nterest (12,794) i3s,3s1',. 4,D53 2Q,;--g 39,585 Total Revenues (12,794) (38,381) 6,1D3 28,9D8 39,585 Expenditures Cap'ta Other- 36D 36C 39D Total Expenditures 36v 36-- 39D Revenues Over(Under)Expenditures (13,154) (39,741) 6,1D3 28,9D8 39,195 Fund Balance,Beginning of year 99D,55D 977,396 939,655 944,759 973,667 Fund Balance,End of year $ 977,396 5 939,655 5 944,759 5 973,667 $1,D12,862 Five-Year Revenue Test Revenue Available- Current F-isca I Year 5 5 5 2,D5D 5 5 Prior Fiscal Year(2-yr Old Funds) 2,D5D Prior Fiscal Year(3-yr Old Funds) 2,�5� Prior Fiscal Year(4-yr Old Funds) Prior Fiscal Year(5-yr Old Funds) - - In Excess of Five Prior Fiscal Years 995,733 995,373 995,374 995,374 98—,98— Accumulated Interest Earned (8,336) (46,717) (42,664) (13,756) 25,829 Total Revenue Available 5 977,396 5 938,655 5 944,759 5 973,667 5 1,--12,9E2 Notes: 1.Negative Interest is caused by GASB 31 for the ternporary fair value adjustment 2.Other expenditures consist of personnel costs,noncapital purchases and services,and administrative costs. 8 Page 40 Fund 116-Etiwanda Drainage: To implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan and mitigate the drainage impacts in the Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or have to be constructed.The City Council determined that a development impact fee is needed to finance these public improvements and assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on the net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Statement of Revenues,Expenditures and Changes in Fund Balance Last Five Fiscal Years,Ended June 30, Description 2a21 2022 2023 2024 202-5 Revenues Fees $ 1:.,7 E E 41,106 $ 64,354 $ 1,395 $ 107,475 Interest f2,1321 (71,435) 26,566 103,%2 88,891 Total Revenues S,656 (30,329) 90,920 104,757 196,36E Expenditures Cap to - 5,394 - - - Other- 30,604 33,929 3,732 3,520 99-- Total Expenditures 30,604 39,323 3,732 3,520 980 Revenues Omer 4lNrder)Expend'mres (21,948) (69,652) 87,188 101,137 195,386 Fund Eta rance,BeginAgof year 2,089,925 2,067,975 1,998,323 2,085,511 2,196,647 Fund Balance,End of year $ 2,067,975 1,998,323 $2,085,511 $2,186,547 $2,382,033 F nre-Year Revenue Test Revenue Available: Current Fiscal Year $ 10,788 $ 41,106 $ 64,354 $ 1,395 $ 107,475 Prior Fiscal Year(2-yrOld Funds) - 10,788 41,106 64,354 1,395 Prior Fiscal Year(3-yrOld Funds) 19,224 - 10,788 41,106 64,S54 Prior Fiscal Year(4-yrOld Funds) 109,582 19,224 - 10,788 41,106 Prior Fiscal Year(5-yr01d Funds) 135,501 109,582 19,224 - 10,788 In Excess of Five Prior Fiscal Years 1,551,160 1,647,338 1,753,188 1,768,792 1,767,812 Accumulated nterestEarned 241,720 170,285 196,851 sw,213 389,104 Total Revenue Available $ 2,067,975 $ 1,998,323 52,085,51.1 $2,186,547 $2,382,03S Notes; 1.Negatve nterest's zaused byGASB 32 for the temporary fair vallue adjustment 2.Other expenditures zons'st of personnel costs,noncapital purdhases and serv'zes, and adm n'stratve posts. 9 Page 41 Fund 118—Etiwanda Drainage/Upper Etiwanda: To implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan and mitigate the drainage impacts in the Etiwanda Drainage/Upper Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or have to be constructed.The City Council determined that a development impact fee is needed to finance these public improvements and assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on Net Acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years,Ended June 30, Description 2--21 2C22 2--23 2�24 2025 Revenues Fees $ $ S S 5 Interest 1556, f2--,E5D E,329 29,369 25,222 Total Revenues 1556, (2--,E5D E,329 29,369 25,222 Expenditures Capita l Other` '-5v —5v 22 Total Expenditures '-5v —5v 22 Revenues Over(Under)Expenditures f1,~v6) f21,3v1) E,329 29,369 25,Z01 Fund Balance,Beginning of year 6--E,955 6v?,9'-9 5E6,&-,E 594,977 624,346 Fund Balance,End of year $ 6v7,9'-9 $ 5E6,6''E $ 59'—,977 $ 624,346 S 649,5f? Five-Year Revenue Test Revenue Available: Current F'sca I Year $ $ $ 5 5 Pr or F'sf:a year(2-yr Old Funds) Pr or F'sf:a 'ear(3-yr Old Funds) Pr or F'sf:a 'ear(4-yr Old Funds) Pr or F'sf:a.Year(5-yr Old Funds) n Excess of Five Prior Fiscal Years 539,--5— 539,E".r 53B,6104 539,604 53E,5E2 Accumulated Interest Earned 6E,E95 —E,,f}44 56,373 95,742 11-,965 Total RevenueAvailable $ 6--7,9-9 $ 596,E19 $ 59—,977 $ 624,346 $ 619,5-7 Notes: 1.Negatve nterest s caused by GASB 31 forthe temporary fa rva ue adjustment 2.Other expend tures cons st of personne casts,noncap to purchases and sery ces,and adm n stratve costs. 10 Page 42 Fund 119-Park Improvement: This impact fee intends to provide funding for park improvements. Impact fees for this fund are calculated in accordance with Resolution No. 2025-010 using the per capita costs and average population per dwelling unit.The impact fee per dwelling unit varies depending on the development type. Statement of Revenues,Expend ituresand Changes in Fund Balance Last Five Fiscal Years,Ended June 30, Description 2021 2--22 2023 2024 2025 Revenues Fees $ 960,217 $ 1,581,547 $ 1,304,823 $ 823,472 $ 525,383 Interest 1,924 (172,549) 43,883 255,876 236,070 Total Revenues 962,141 1,508,998 1,348,706 1,089,349 861,453 Expenditures vap'ta - - 524,839 629,524 538,875 Other 7,017 750 1'aw 5,010 57,854 Total Expenditures 7,017 750 526,719 634,534 596,729 Revenues Over(Under)Expenditures 955,124 1,508,248 821,987 454,914 254,723 Fund Balance,Beginning of year 2,170,086 3,02.5,210 4,533,458 5,355,445 5,810,260 Fund Balance,End olyear $ 3,02.5,210 "� 4,533,458 "� 5,355,44-5 $ 5,910,260 $ 6,074,983 Five-Year Revenue Test Revenue Available- Cu rre nt Fiscal Year 5 960,217 5 1,581,547 5 1,304,823 S 823,472 5 525,383 Prior Fiscal Year(2-yrOld Funds) 528,838 860,217 1,681,547 1,304,823 823,472 Prior Fiscal Year(3yrrOld Funds) 796,949 528,838 860,217 1,681,547 1,304,823 Prior Fiscal Year(4-yrOld Funds) 96,238 796,949 528,838 850,217 1,591,547 Prior Fiscal Year(5-yr Old Funds) 518,821 96,238 796,949 528,838 850,217 In Excess of Five Prior Fiscal Years 30,416 548,487 218,006 3W,420 312,529 Accurnulated Interest Earned 93,732 (78,817) (34,934) 230,942 467,012 Total Revenue Available $ 3,625,21 " 4,533,458 $ 5,355,445 $ 5,816,260 $ 6,074,983 Notes: 1.Negat've nterest's paused by GASB 31 for the temporary fairvaiue adjustment 2.Other expend tures--ons st of personnel costs,nonzapital purchases and services,and adminiistrat've costs. 11 Page 43 Fund 120-Park Development: This fee intends to provide for the acquisition, development, and initial equipment of new parks or the expansion of land or services on existing parks in accordance with the park, parkway, and open space element of the Rancho Cucamonga General Plan. Following the adoption of Ordinance No. 865, the Park Land Acquisition, Park Improvement, and the Community and Recreation Center Impact fees replaced the fees collected under the Park Development Fee. Statement of Revenues,Expend ituresarid Changes in Fund Balance Last Five Fiscal Years,Ended June 30, Description 2021 2D22 2D23 2D24 2025 Revenues Fees $ 98,545 - Interest (22,669) (275,299) 126,18E 355,246 268,239 Total Revenues 75,976 (273,199} 126,186 355,246 268,239 Expenditures Capita 205,354 462,280 2-50,525 301,360 1,275,910 Other` 116,569 52,163 21,510 107,555 72,941 -ota Expend tures 321,903 514,443 272,035 409,015 1,348,851 Revenues Over(Under)Expenditures Revenues Over(Under)Expenditures (245,927) (787,642) (145,949) (52,769) (1,08D,612) Fund Balance,Beginning of year 81194,992 7,949,%5 711E1,123 71�'15,575 6,962,807 Fund Balance,End of year $ 7,949,065 $ 7,161,423 $?,--15,5?5 $6,962,807 55,882,193 Five-Year Revenue Test Revenue Available: Current Fiscal Year S 98,645 $ - - Prior Fiscal Year(2-yrOld Funds) - 98,645 - - - Prior Fiscal Year(3-yrOld Funds) 97,438 - 98,645 - - Prior Fiscal Year(4-yrOld Funds) - 97,438 - 98,645 - Prior Fiscal Year(5-yrOld Funds) - - 97,436 - 98,645 In Excess of Five Prior Fiscal Years 6,518,469 5,004,025 5,731,991 5,420,414 4,071,563 Accumulated interest Earned 1,234,513 961,314 1,087,540 1,443,746 1,711,985 Total Revenue Available 5 7,949,065 S 7,161,423 57,015,575 56,962,806 55,882,193 Notes: 1.Negative I nte re st s caused byGASRS1forthetemporaryfairvaIue adjustment 2.Other expenditures 2onsistof personnel costs,noncapitaI purchases and services, 12 Page 44 Fund 122—South Etiwanda Drainage: To implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan and mitigate the drainage impacts in the South Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or have to be constructed. The City Council determined that a development impact fee is needed to finance these public improvements and assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on the net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Statement of Revenues,Expend ituresand Changes in Fund Balance Last Five Fiscal Years,Ended June 31), Description 2021 2D22 2D23 2C2— 2--25 Revenues Fees $ $ 676,665 $ $ nterest (1,007) (39,247) (6,354) S7,69? 73,933 Total Revenues (1,007) (39,247) 67D,311 57,69? 73,933 Expenditures Cap to Other- SOD 9DD 47D —9v LE_- Total Expenditures S00 9DD 47D '-9v LE_- Revenues Over(Under)Expenditures f1,KTI f 39,"--17i 669,E-1 97,2D7 73,-53 Fund Balance,Beginning of year 1,11'-1352 1,112,5?5 1,073,52E 1,743,369 1,83v,576 Fund Balance,End of year $ 2.112,5?5 $ 1,v73,525 $1,743,369 $1,93D,576 $1,9Df,--3v Five-Year Revenue Test Revenue Available: Current Fisca l Year $ - $ - $ 676,665 - Fr-or F-sza Fear(2-yr Old Funds) - 676,665 Fr'or F's--a near(3-yr Old Funds; SSS,Svv - 676,665 Fr'or F'sza '-ear(4-yr Old Funds) 217,965 199,1DD - Fr'or F's--a Year(5-yr Old Funds; - 217,965 Sgg,100 n Exzess of Five Prior Fiscal Years 61E_-7E 617,27E 954,775 S,v22,3H 1,D21,R 3 Azzumulated Interest Earned 99,432 5D,195 43,931 131,52E 2--5,-61 Total Revenue Available $ 2.112,575 $ 1,D73,52E 51,7-3,369 $1,H-_576 $1,9"r,v3v Notes: 1.Negat ve nterest's--aused by GA5B 31 for the temporaryfa'rva ue adjustment 2.Other expend'tures --ons'st of personne --osts,non--ap'ta purz-hases and serv'--es, and adm'n'strat've--osts. 13 Page 45 Fund 123-Library: The City has two existing libraries, the Archibald Library and the Paul A. Biane Library, part of the Victoria Gardens Cultural Center. The library has several possibilities for future expansion, including additional facility space at the Diane Williams Library and the addition of book vending machines to expand access to services. To provide funds for library facilities and materials needed to serve future development, the City Council determined that a development impact fee is necessary for land acquisition and site improvements;building construction or expansion; interior building improvements;furniture;fixtures and equipment; library materials; theatre facilities; special needs equipment and facilities; technical centers; and special activities facilities. Impact fees for this fund are calculated in accordance with Resolution No. 2025-010 using the per capita costs for library facilities and materials and the average population per dwelling unit. The impact fee per dwelling unit varies depending on the development type. statement of Revenues,Expend ituresarid Changes in Fund Balance Last Five Fiscal Years,Ended June 30, Description 2DZ1 2022 2023 2024 2DZ5 Revenues Fees 5 ZD6,36g 5 311,353 5 243,392 5 195,994 5 127,53g nterest 167 (49,739) 11,272 77,506 76,22D Total Revenues ZD6,536 262,614 254,554 275,500 ZD3,749 Expenditures Lap to - - - - Other 2,646 26D 1,18D 1,26C 1,2DD Total Expenditures 2,646 26D 1,1?-- 1,26C 1,2DD Revenues over(Under)Expenditures 2--3,?9-- 2E2,35- 253,37- 272,2L-- 2D2,54F, Fund Balance,Beginning of year S-11,9E5 1,".-8,955 1,311,2--9 1,56-,5R1 1,&36,&25 Fund Balance,End of year $ S,"�?,?55 $ 1,311,2--g $1,56-,5F,1 $S,S3E,925 5 2,D39,974 Five-Year Revenue Test Revenue Available: Current Fiscal Year 5 2D6,36R 5 311,353 5 243,392 5 195,994 5 227,539 Fr or F sca I year(2-yr Old Funds) 152,22D 2D6,36g 311,353 245,392 2R5,9M Fr or F sca vear(3-yr Old Funds) 1g6,D42 152,22D 2D6,36R 311,353 243,392 Fr or F sca vear(4-yr Old Funds) 43,4D1 196,D42 152,22D 2D6,36g 311,353 Fr or F sca vear(5-yr Old Funds) 183,164 43,4D1 2R6,D42 152,22D 2D6,36R nExcessof Five Prior FiscaIYears 221,66g 41)4,573 446,7R4 641,576 7R2,5R6 Accumu ated nterest Earned -5,99: (2,749) 9,423 g6,D2g 162,23g Total Revenue Available 5 2,D49,955 5 1,311,20g 51,564,594 5 a,m6,g25 5 2,09,374 Notes: 1.Negat've Interest is caused by GASB 31 for the temporary fair value adjustment 2.Other expenditures consist of personnel costs,noncapital purchases and senr'ces,and administrative costs. 14 Page 46 Fund 124—Transportation: Certain thoroughfares and bridges must be improved or constructed to mitigate the traffic impacts caused by new development and meet the circulation element's goals and objectives. The City Council has determined that a development impact fee is needed to finance these public improvements and pay for the development's fair share of the costs of these improvements. Impact fees are calculated based on the equivalent dwelling unit based on the land use type adopted in Resolution No. 20-005.The impact fee per equivalent dwelling unit varies depending on the development type. Statement of Revenues,Expenditures and Changes in Fund Balance Last Five Fiscal Years,Ended June 30, Description 2021 2022 2023 2024 2025 Revenues Fees $ 8,174,413 $ 10,718,234 $ 8,157,191 $ 5,339,846 S 3,112,RF4 Interest 12,512 (1,821,213) 485,731 2,856,754 2,633,136 Other Revenues 511,562 3,195 4,107 6,025 Total Revenues 9,498,489 8,897,021 E,6-6,117 8,200,707 5,752,144 Expenditures Capital 2,455,717 917,813 312,708 549,093 599,494 Other2 591,575 577,502 525,890 747,352 324,026 Total Expend tures 3,048,294 1,495,315 839,599 1,296,445 923,520 Revenues Over(Under)Expenditures Revenues Over(Under)Expenditures 5,45D,29— 7,401,705 7,907,519 6,904,252 4,828,624 Fund Balance,Beginning of year 36,842,211 42,292,305 49,694,011 57,501,530 64,405,792 Fund Balance,End of year $ 42,292,305 $ 49,694,011 $ 57-1101-530 $ 64,405,792 S E9,234,417 F'ne-Year Revenue Test Revenue Available: Current Fiscal Year $ 8,174,413 $ 10,719,234 $ 8,157,191 $ 5,339,846 $ 3,112,984 Prior Fiscal Year(2-yrOld Funds) 5,664,811 8,174,413 10,718,234 8,157,191 5,339,846 Prior Fiscal Year(3-yr01d Funds) 9,320,720 5,664,811 8,174,413 10,718,234 8,157,191 Prior Fiscal Year(4-yr01d Funds) 8,051,072 9,320,720 5,654,811 8,174,413 10,718,234 Prior Fiscal Year(5-yr01d Funds) 4,264,267 8,051,072 9,320,720 5,664,811 8,174,415 In Excess of Five Prior Fiscal Years 3,69?,679 5,465,631 13,682,301 21,710,683 25,457,999 Accumulated Interest Earned 3,119,342 1,298,129 1,7?3,E5D 4,640,515 7,273,749 Total RevenueAvailable S 42,292,305 $ AR,6ggD11 $ 57,5--1,53- 5 64,4D5,?92 $ 69,294,417 Notes; 1.Negat ve nterest s caused by GASB S1for the temporary fair value adjustment 2.Other expend tures cons st of personnel costs,noncapitaI purchases and sere--es, and acm n stratve:osts. 15 Page 47 Fund 125-Animal Center: The City's existing Animal Center is at capacity, and additional space will be needed for the growing demand imposed by future development. To meet that demand, the City Council has determined that a development impact fee is necessary for land acquisition and site improvements; building construction and expansion; interior building improvements; furniture, fixtures, and equipment; special needs equipment and facilities; veterinarian equipment and facilities; transportation facilities; kennel facilities; transportation facilities; and outdoor dog runs and play areas. Impact fees for this fund are calculated in accordance with Resolution No. 2025-010 using the per capita costs for existing facilities and the average population per dwelling unit.The impact fee per dwelling unit varies depending on the development type. Statement of Revenues,Expenditures and Changes in Fund Balance Last Five Fiscal Years,Ended June 30, Description Z022 20ZZ 2023 2024 2025 Revenues Fees $ 44,177 5 62,159 5 49,206 5 55,626 5 27,622 Interest 62 (9,633) 2,154 15,304 14,390 Total Revenues 44,239 52,526 50,360 70,921 42,012 Expenditures Cap to - - 69,766 Other- 369 60 650 690 7,524 Total Expenditures 369 60 650 690 97,29� Revenues Over(Under)Expenditures 13,971 52,466 49,710 70,231 i55,279) Fund Balance,Beginning of year 164,216 209,097 260,553 310,263 390,494 Fund Balance,End of year S 209,097 S 260,553 $ 310,263 5 390,494 S 325,216 Five-Year Revenue Test Revenue Available: Current Fiscal Year 5 44,177 62,159 S 49,206 S 55,626 $ 27,622 Prior Fiscal Year(2-yrOld Funds) 2g,365 44,177 62,159 49,206 55,616 Prior Fiscal Year(3-yrOld Funds) 32,014 2E,365 44,177 62,259 49,2C6 Prior Fiscal Year(4-yr Old Funds) 9,534 32,014 29,365 44,277 62,159 Prior FiscaI Year(5-yr Old Funds) 34,364 9,534 52,014 2&,365 44,177 In Excess of Five Prior Fisca I Years 50,504 FA,9DS 93,692 125,01E 56,091 A----umu ated nterest Earned 9,129 (504) 1,650 16,95'- 31,3'-' Total Revenue Available $ 209,097 $ 26u,553 $ 31C,263 $ 38C,'-9'- $ 325,216 Notes: 1.Negative interest's zaused by GASB 31 for the temporary fair value adjustment 2.Other expenditures zons'st of personne zosts,nonzapitaI purchases and services, and administrative zosts. 16 Page 48 Fund 126-Lower Etiwanda Drainage: To implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan and mitigate the drainage impacts in the Lower Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or have to be constructed. The City Council determined that a development impact fee is needed to finance these public improvements and assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 06-032 at a rate based on the net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Statement of Revenues,Expenditures and Changes in Fund Balance Last Five Fiscal Years,Ended June 343, Description 2021 2022 2--23 2024 2025 Revenues Fees 5 - 5 427,291 S 167,'-35 - nterest (447) (41,441) 1--,719 63,230 53,822 Total Revenues (447) 395,EAD 17E,15L 63,230 53,822 EMx-&mres Capital - - - Other; 484 49D 3DD 32D 300 Total Expenditures 49D 49D 3DD 32D MO Revenues Over(Under)Expenditures (927) 3E5,36-- 177,954 62,91D 53,522 Fund Balance, Beginning of year 7D7,155 ?--6,22E 1,D91,522 1,269,442 2,332,352 Fund Balance, End of year 5 7D6,229 s 1,v91,588 51,269,442 51,332,352 $1,3E5 E?'- Five-Year Revenue Test Revenue Available: Current Fiscal Year $ 5 427,281 S 167,435 S - $ - Prior Fiscal Year(2-yrOld Funds) 59,558 - 427,281 167,435 - Prior Fiscal Year(3-yrOld Funds) 59,568 - 427,281 167,455 Prior Fiscal Year(4-yrOld Funds) - 59,56E - 427,281 Prior Fiscal Year(5-yrOld Funds) - - 59,568 n Excess of Five Prior Fiscal Years 574,870 574,390 574129-- 573,770 633,--38 Accumullated Interest Earned 71,790 34,349 41,D6? 1".1129? 15?,12-- Total Revenue Available $ 7v6,22? $ 1,v91,5?? $1,269,--2 $1,332,352 $1,3?5 s7- Notes; 1.Negatve nterest s caused byGASB3l for the temporary fair value adjustment 2.Other expend tures --onsist of personnel costs,noncapital purz-hases and sery --es, and a d m n strative costs. 17 Page 49 Fund 127-Police: The City's existing police facility is at capacity,and additional space is needed to serve the growing demand imposed by future development.The impact fee for police facilities is based on the relationship between the Police Department calls for service per year generated by existing development and the department's facilities' replacement cost. The funds will provide land acquisition and improvements; building construction; furniture, fixtures, equipment; technical centers, and transportation facilities for the City's Police Department. Impact fees for this fund are calculated in accordance with Resolution No. 2025-010 using the average cost per call for service and the calls per unit. The impact fee per dwelling unit varies depending on the development type. Statement of Revenues,Expenditures and Changes in Fund Balance Last Fire Fiscal Years,Ended June 30, Description 2021 2022 2023 2024 2025 Revenues Fees $ 135,096 5 186,794 $ 163,805 $ 124,772 $ 62,857 Interest 138 (34,062) 8,163 54,111 52,298 Total Revenues 135,234 152,732 171,969 178,883 115,155 Expenditures Lap to - - - - - Other- 1,573 200 1,310 1,390 1,220 Total Expenditures 1,573 200 1,310 1,390 1,220 Revenues Dver(Under)Expenditures 133,561 152,532 170,659 177,493 113,945 Fund Balance,Beginning of year 635,131 758,792 921,324 1,091,983 1,269,476 Fund Balance,End of year $ 768,792 5 921,324 $1,091,983 $1,269,476 $1,383,422 Five-Year Revenue Test Revenue Available- current Fiscal Year $ 135,096 5 196,794 5 163,805 $ 124,772 S 62,867 Prior Fiscal Year(2-W Old Funds! 117,280 135,096 186,794 163,806 124,772 Prior Fiscal Year(3-yr Old Funds; 152,816 117,290 135,095 186,794 163,806 Prior Fiscal Year(4-yr Old Funds; 113,023 152,816 117,280 135,0% 186,794 Prior Fiscal Year(5-W Old Funds; 120,240 113,023 1.52,815 117,280 135,0% In Excess of Five Prior Fiscai Years 97,340 217,SW 329,093 480,519 596,579 Accurnu ated Interest Earned 32,997 (1,065) 7,09E 61,209 113,508 Total Revenue Available $ 759,792 921,324 $1,091,983 51,269,476 51,383,422 Notes; 1. Negatve nterest's caused by GASS S1 for the temporary fa'r va ue adjustment 2. Other expend'tures consist of personnel costs,noncap'ta purchases and senr'ces, and adm'n'strativecosts.. 18 Page 50 Non-Transportation DIF Fee Schedule as of June 30, 2025 (Adopted April 16, 2025) Park Land Impact Fee Impact Fee Admin. Fee Total Impact Development Type Unit (Nexus Study) 2.5% Fee Residential, Single Family SF $1.04 $0.026 $1.066 Residential, Multi-Family SF $1.20 $0.03 $1.23 Park Improvements Impact Fee Impact Fee Admin. Fee Total Impact Development Type Unit (Nexus Study) 2.5% Fee Residential, Single Family SF $2.25 $0.056 $2.306 Residential, Multi-Family SF $2.61 $0.065 $2.675 Community and Recreation Center Facilities Impact Fee Impact Fee Admin. Fee Total Impact Development Type Unit (Nexus Study) 2.5% Fee Residential, Single Family SF $0.88 $0.022 $0.902 Residential, Multi-Family SF $1.02 $0.026 $1.046 Drainage Facilities Impact Fee Total Impact Development Type Unit Fee General City Drainage Fee Acre $26,892 Etiwanda/San Sevaine Area Fee(total fee=Regional Mainline+Secondary Regional+Master Plan) Regional Mainline Fee A. Upper Etiwanda Net Acre $9,114 B. San Sevaine Net Acre $2,922 C. Lower Etiwanda Net Acre $0 Secondary Regional Fee A. Henderson/Wardman Net Acre $7,478 B. Hawker-Crawford Net Acre $5,492 C. Victoria Basin Net Acre $468 D. Upper Etiwanda Interceptor Net Acre $2337 Master Plan Fee A. Upper Etiwanda Net Acre $10,399 B. San Sevaine Net Acre $3,388 C. Lower Etiwanda Net Acre $19,280 D. Middle Etiwanda Net Acre $37,623 19 Page 51 Animal Center Facilities,Vehicles and Equipment Impact Fee Impact Fee Admin. Fee Total Impact Development Type Unit (Nexus Study) 2.5% Fee Residential, Single Family SF $0.09 $0.002 $0.092 Residential, Multi-Family SF $0.10 $0.003 $0.103 Police Department Facilities Impact Fee Impact Fee Admin. Fee Total Impact Development Type Unit (Nexus Study) 2.5% Fee Residential, Single Family SF $0.15 $0.004 $0.154 Residential, Multi-Family SF $0.19 $0.005 $0.195 Senior/Assisted Living Bed $893.00 $22.325 $915.325 Commercial/Retail KSF $1,010.00 $25.250 $1,035.250 Hotel/Motel Room $64.00 $1.600 $65.600 Office KSF $239.00 $5.975 $244.975 Industrial KSF $66.00 $1.650 $67.650 RCFPD Facilities,Apparatus and Equipment Impact Fee Impact Fee Admin.Fee Total Impact Development Type Unit (Nexus Study) 2.5% Fee Residential, Single Family SF $0.38 $0.010 $0.390 Residential, Multi-Family SF $0.42 $0.011 $0.431 Senior/Assisted Living Bed $14,397.00 $359.925 $14,756.925 Commercial/Retail KSF $1,175.00 $29.375 $1,204.375 Hotel/Motel Room $585.00 $14.625 $599.625 Office KSF $621.00 $15.525 $636.525 Industrial KSF $89.00 $2.225 $91.225 20 Page 52 Transportation DIF Fee Schedule as of June 30, 2025 (Adopted May 7, 2025) Development Residential, Single Family Detached SF $4.151 Residential, Single Family Detached - HQTA SF $2.911 Residential, Single Family Attached SF $4,664 Residential,Single Family Attached - HQTA SF $3.270 Residential, Multi-Family(Low-Rise) SF $4,367 Residential, Multi-Family(Low-Rise) - HQTA SF $3.055 Residential, Multi-Family(Mid-Rise) SF $2.942 Residential, Multi-Family(Mid-Rise)- HQTA SF $2.060 Senior Housing Bed $4,741.650 Nursing/Congregate Care Bed $2,431.300 Commercial/Retail K5F $19,952.650 Office/Business Park K5F $11,926.900 Industrial K5F $5,357.675 Warehouse K5F $7,085.825 Hotel/Motel Room $8,790.400 Elementary School Student $2,497.925 Dayeare Student $4,499.750 Self-Storage KSF $1,594.900 Service Station Pump $92,731775 21 Page 53 Transportation DIF Fee Schedule as of June 30, 2025 (Adopted May 7, 2025), continued Transportation Development Type Unit Residential, Single Family Detached SF $6.0'�f Residential, Single Family Detached - HQTA SF $4.223 Residential, Single Family Attached SF $6.775 Residential, Single Family Attached - HQTA SF $4.746 Residential, Multi-Family(Low-Rise) SF $6.335 Residential, Multi-Family(Low-Rise) - HQTA SF $4.438 Residential, Multi-Family(Mid-Rise) SF $4.274 Residential, Multi-Family(Mid-Rise) -HQTA SF $2.993 Senior Housing Bed $6,890.050 Nursing/Congregate Care Bed $3,533.175 Commercial f Retail KSF $28,991.100 Office/Business Park KSF $17,329.675 Industrial KSF $7,785.900 Warehouse KSF $10,295.100 Hotel/Motel Room $12,T73.550 Elementary School Student $3,628.500 Daycare Student $6,538.475 Self-Storage KSF $2,318.550 Service Station Pump $134,743,430 22 Page 54 Transportation DIF Fee Schedule as of June 30, 2025 (Adopted May 7, 2025), continued TransportationSouth Zone Development runit Fee Residential, Single Family Detached 5F $5.494 Residential, Single Family Detached - HQTA 5F $3.844 Residential, Single Family Attached 5F $8.171 Residential, Single Family Attached - HQTA 5F $4.315 Residential, Multi-Family(Low-Rise) 5F $5.781 Residential, Multi-Family(Low-Rise) - HQT.-� 5F $4.049 Residential, Multi-Family(Mid-Rise) SF $3.895 Residential, Multi-Family(Mid-Rise) - HQTA SF $2.727 Senior Housing Bed $6,280.175 Nursing/Congregate Care Bed $3,220.550 Commercial/Retail KSF $26,425,550 Office/Business Park KSF $15,796.275 Industrial KSF $7,097.100 Warehouse KSF $9,384.900 Hotel/Motel Room $11,642.975 Elementary School student $3,30T675 Daycare student $5,960.375 Self-Storage KSF $2,112.525 Service Station Pump $122,821.850 23 Page 55 FY2024125 Major Projects Program Supplemental Project Listing Activities During Estimated Expenditures Project Plan Period FY2024/25 FY2025/26 FY2026/27 FY2027/28 FY2028/29 FY2029/30 Animal Center Impact Fee (125) Animal Center Kennel Project D, C $200,000 Animal Center Play Yard Project D, C $100,000 Totals $200,000 $100,000 Community and Recreation Center Impact Fee(113) Joint Use Public Facility(in The Resort) D, C $11,220,000 Totals $11,220,000 Fire Impact Fee (XXX) Amethyst Station 171 Rebuild & Expansion D, C $9,684,000 Totals $9,684,000 Library Impact Fee(123) West Side Library Expansion D, C $1,800,000 $5,232,500 Joint Use Public Facility(in The Resort) D, C $2,040,000 Totals $1,800,000 $5,232,500 $2,040,000 Park Improvement Impact Fee(119) Don Tiburcio Tapia Park D, C $300,000 $3,700,000 Etiwanda Creek Park- Phase 2 D, C $1,000,000 $12,000,000 Etiwanda Area Park Improvements D, C $1,000,000 $9,600,000 Civic Center Area Park Land Purchase D $1,000,000 Totals $1,000,000 $10,900,000 $16,700,000 Park La^d ImpaGt Fee(;1111 Etiwanda Area Park Land Purchase R/W $11,200,000 Civic Center Area Park Land Purchase R/W $14,000,000 Totals $11,200,000 $14,000,000 24 Page 56 FY2024125 Major Projects Program Supplemental Project Listing Activities During Estimated Expenditures Project Plan Period FY2024/25 FY2025/26 FY2026/27 FY2027/28 FY2028/29 FY2029/30 Police Impact Fee (127) EOC Relocation - New Building D, C $1,000,000 Joint Use Public Facility(in The Resort) D, C $3,740,000 Totals $1,000,000 $3,740,000 Drainage Facilities Impact(112) Hellman/Feron Storm Drain D, C $226,940 Totals $226,940 Transportation Impact Fee(124) 6th Street at BNSF Spur Crossing D, C $46,600 3302,500 $165,000 $403,500 Adv Traffic Mgmt System-Phase 2 D, C $9,754,260 Adv Traffic Mgmt System Program D, C $5DO,DOO $5,000,CDO $5,D00,000 $5,000,000 $5,000,0D0 Etiwanda East Side Widening D, C $1,370,DDD Etiwanda Creek Bridges Project D, C $1,2DO,DDD $12,000,000 hittram Extension-W/O Etiwanda DEV $15,C00,OD0 Wilson & Day Creek Channel Bridge DEV $4,300,000 Wilson Extension W/O Day Creek Blvd DEV $4,500,000 Totals $9 8fl0 860 $3,372,500 $17.165.000 $14,203,500 5,000,000 $207000,000 25 Page 57 City of Rancho Cucamonga Development Impact Fee Capital Project Expenditures For Fiscal Years Ended June 30,2021 to June 30,2025 City Protect ID Project Description 2021 2022 2023 2024 2025 Drainage Facilities (Fund 112) 1928112 Cucamonga Storm Drain Upper-Phase III 3,157,701 138,660 20,000 N/A Developer reimbursements for eligible capital facilities 356,141 - - 2116112 Hellman/Feron Storm Drain - - - 1,564 3,513,841 138,660 20,000 1,564 Etiwanda Drainage(Fund 116) N/A Developer reimbursements for eligible capital facilities - 5,394 5,394 Park Improvement(Fund 119) 2107119 Family Resource Center Remodel - 32,497 82,963 N/A Beryl Park Accessible Playground - - 446,546 N/A Quakes Scoreboard 524,839 - - - 524,839 32,497 529,509 Park Development (Fund 120) 1660120 Central Park-Master Plan Environmental Review 38,547 - - - - 1664120 Etiwanda Creek Park-Phase II 3,935 4,960 1896120 Sports Center Relocation - - N/A Park Equipment-Various Locations 162,851 - - - 2022120 Community Dog Park - 457,320 250,525 291,490 - 2168120 Quakes Stadium Upgrades - - - _ 1,275,911 205,334 462,280 250,525 291,490 _ 1,275,911 Library(Fund 123) 2046123 Joint Use Facility at The Resort - 26 Page 58 City of Rancho Cucamonga Development Impact Fee Capital Project Expenditures For Fiscal Years Ended June 30,2021 to June 30,2025 City Project ID Project Description _ 2021 2022 2023 2024 2025 Transportation (Fund 124) N/A Developer reimbursements for eligible capital facilities 149,814 1361124 Base Line Road at Interstate-15 Interchange - 416 1515124 Wilson Avenue and Wardman Bullock Road Environmental Review 47,700 - 1831124 Traffic Management Center Citywide Upgrade 13,679 3,000 1839124 6th Street at BNSF Spur Crossing - - 2,100 1900124 Freeway and Arterial Synchronization Phase 1 9,876 - - 1956124 Day Creek Boulevard: Upgrade Left Turn Phases 266,825 4,730 1957124 Traffic Signal: 6th Street at Hellman Avenue 646,590 376,589 1958124 Traffic Signal: East Avenue at Highland Avenue 3,804 5,696 - - 1964124 Foothill Boulevard: Grove-San Bernardino Road - - - 139,184 72,513 1982124 Advance Traffic Management System - Phase 1 1,054,271 368,907 41,713 11,488 - 1994124 Traffic Signal Modification-Vineyard at San Bernardino 49,490 1996124 Arrow Route:Upgrade Left Turn Phases 152,760 - - - - 2002124 Etiwanda East Side Widening 41,740 146,153 6,595 23,541 17,784 2004124 Advance Traffic Management System - Phase 2 20,169 12,321 264,400 370,772 507,097 2,456,717 917,813 312,708 544,985 599,494 Animal Center(Fund 125) 2132125 Animal Center Office Reconfiguration 89,766 - - - - 89,766 27 Page 59 NONgq I � RANCHO CUCAMONGA FIRE DISTRIC DATE: March 4, 2026 TO: Mayor and Members of the City Council FROM: Elisa C. Cox, City Manager INITIATED BY: Mike McCliman, Assistant City Manager/ Fire Chief Chad Comeau, Deputy Fire Chief Darci Vogel, Fire Business Manager SUBJECT: Consideration of a Professional Services Agreement to Erickson-Hall Construction for Construction Management Services for Various Fire Station Improvements in the Amount of$719,270. (FIRE) RECOMMENDATION: Staff recommends the Fire Board award a Professional Services Agreement to Erickson-Hall Construction in the amount of$719,270 (including a 10% contingency of$65,120)for construction management services for various fire station improvements. BACKGROUND: In 2022, the Fire District identified the need to complete improvements to the restrooms at Fire Stations 173, 174, and 175. The improvements are necessary to accommodate the Fire District's increasingly diverse and growing workforce, ensuring equitable access to restroom facilities. The existing restrooms are gender specific, consisting of one single use restroom for female personnel and a larger communal style restroom for male personnel. Any crews comprised of greater than one female can present operational delays to achieve the post-fire shower within the hour guidelines, as well as limited access during routine restroom needs throughout the 24-hour shift. To address these issues, the existing restrooms will be replaced with single-use facilities that are no longer gender specific. In addition,the improvements will ensure ADA accessibility compliance in alignment with the City's ADA Self-Evaluation and Transition Plan. In April 2022, the Fire District and Mary McGrath Architects entered into a Professional Services Agreement (PSA), CO# FD 2022-006, for various design services, including ADA accessibility improvements at Fire Stations 173 and 174. In August 2024, the Fire Board approved contract Amendment No. 001 with Mary McGrath Architects for $139,519. The amendment modified the scope of services for Fire Stations 173 and 174 restroom improvements to a design-bid-build process and expanded the scope to include Fire Station 175 restroom improvements. The Fire District has determined the need to retain a construction manager to oversee the fire station improvements. The construction manager will serve as the Fire District's day—to—day onsite representative and liaison between the construction contractor and the Fire District's management team. The constriction manager will ensure all construction codes and practices are met as well as organize and lead weekly construction meetings focusing on construction methods, timelines, construction safety, review of project expenditures and change orders. The construction manager will ensure construction materials meet the required specifications and Page 60 prepare periodic reports by collecting, analyzing, and summarizing information and trends including impacts to schedule, deviations, scope, subcontractors and other related issues. ANALYSIS: Fire District staff provided detailed specifications for construction management services to the Procurement Division. Procurement prepared and posted Request for Proposal (RFP) #25/26- 012 on September 29, 2025, to the City's automated procurement system. A total of 1,262 vendors were notified, 56 prospective bidders downloaded or reviewed the RFP document, and 9 responses were received. An evaluation panel comprised of the Deputy Fire Chief, Fire Business Manager, and Fire Data Analyst evaluated each response based on the following criteria, as defined in the RFP: • Vendor expertise • Quality of proposed services or goods • Extent to which the services meet the Fire District's needs • Cost The evaluation process resulted in the selection of Erickson-Hall Construction as the most responsive vendor meeting the needs of the Fire District. Staff recommends that the Fire Board approve a PSA with Erickson-Hall Construction for construction management services for various fire station improvements in the amount of$719,270 (including a 10% contingency of$65,120). FISCAL IMPACT: The total cost of the PSA with Erickson Hall Construction is $716,270. Funding for the various fire station improvements has been approved in the Fire District's FY 2025-26 budget in F282 CC501 SC7000 and F288 CC501 SC7000. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council's vision and core value by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high-quality public improvements. ATTACHMENTS: None Page 2 Page 61 CITY OF RANCHO CUCAMONGA DATE: March 4, 2026 TO: Mayor and Members of the City Council FROM: Elisa C. Cox, City Manager INITIATED BY: Peter Castro, Deputy City Manager Maritza Martinez, Public Works Services Director Richard Favela, Streets, Storm Drains and Fleet Superintendent Fily Reyes, Assistant Engineer John Standi, Street Maintenance Coordinator/ Project Manager SUBJECT: Consideration of a Contract with Kalban Inc. for the Citywide Concrete Rehabilitation Project FY 25-26 in the Amount of $582,500, Plus Contingency in the Amount of $116,500 for a Total Contract Amount of $669,000. This Project is Exempt from the Requirements of the California Environmental Quality Act (CEQA) Per Code Section 15301(c)1-Existing Facilities. (CITY) RECOMMENDATION: Staff recommends City Council: 1. Approve the specifications for the Citywide Concrete Rehabilitation Project FY 2025/26. 2. Accept the bid received for$582,500. 3. Authorize an expenditure of a contingency in an amount of$116,500. 4. Award and authorize the execution of a contract for the Citywide Concrete Rehabilitation Project FY 2025-26 to the lowest responsive bidder, Kalban Inc. of Santa Clarita, California, in the amount of$669,000. BACKGROUND: The Citywide Concrete Rehabilitation Project FY 2025/26 (Project) repairs concrete sidewalks, driveway approaches, ADA ramps, and curb/gutters with lifts and/or gaps in the public right-of- way and in City maintained landscapes, including City parks and paseos. In many cases, the damage to the sidewalks is caused by tree roots. It is the City's intention to protect and preserve the urban forest whenever possible while still facilitating the necessary sidewalk repairs. However, from time to time, some trees may be removed to complete the sidewalk repair, and these costs are accounted for in the project budget. Throughout the year, as Public Works Services staff identifies a concrete issue, a crew will ramp or grind the lifts or gaps as a temporary repair. These locations are then scheduled for permanent repairs as funds become available in the budget. Currently, the backlog on permanent repairs for concrete replacement jobs is three (3) years. The locations requiring repair have been identified through the sidewalk inspection program and citizen requests. The Project focuses on two locations 1) 19th Street to Base Line Road and Carnelian Street to Hellman Avenue and 2) the Day Creek Boulevard and Coyote Drive area. Page 62 ANALYSIS: The Public Works Services Department and the City Clerk's Office first advertised the Notice Inviting Bids for the Project on January 20, 2026. 25 bids for this project were electronically submitted by 2:00 p.m. on Tuesday, February 3, 2026 (see Bid Summary in Attachment 1). Staff completed the review of bids from the 17 qualifying firms and identified the lowest responsive bidder to be Kalban Inc. of Santa Clarita, California. In addition, Kalban Inc. has met the requirements of the bid documents. The Project is scheduled to be completed within 75 working days. A copy of the Project contract is on file with the City Clerk's Office. FISCAL IMPACT: This Project was approved in the Major Projects and Programs (MPP) process for FY 2025/26. Project funds totaling $940,000 were included in the Fiscal Year 2025/26 Budget in the following accounts: F001-CC318-7000-SC7004, F177-CC318-7000-SC7004 and F174-CC318-7000- SC7004. Staff recommends award of the Bid Price ($582,500) plus a contingency of$116,500 to account for changes in field measurements that occur prior to construction, which will increase concrete quantities. The total recommended contract award is $699,000. FUND BUDGETED AMOUNT F177 CC318 7000 SC7004 $100,000 F001 CC318 7000 SC7004 $470,000 F174 CC318 7000 SC7004 $370,000 TOTAL: $940,000 BID RESULT BID AMOUNT: $582,500 CONTIGENCY: $116,500 TOTAL CONTRACT AMOUNT: $699,000 The project budget includes $100,000 that is available for tree removals (as needed) and inspection services. This brings the total project costs to $799,000, which is $141,000 below the total allocated project budget. Project savings will be used to address backlog for additional sidewalk rehabilitation sites. COUNCIL MISSION /VISION /VALUE(S) ADDRESSED: By removing and replacing damaged sidewalks, driveway approaches, ADA ramps and curbs/gutters, the Citywide Concrete Rehabilitation Project FY 2025/26 provides continuous improvement to ensure a safe and high quality of life for all. ATTACHMENTS: Attachment 1 — Bid Summary Attachment 2 —Vicinity Map Attachment 3— Sample Contract Page 63 ATTACHMENT 1 Ci of Rancho Curama a-Construction Bid Results for Project Clrywlde Concrete Rehabilitation Project FY 25-26 Lower[Responsive Bidder Non Responsive Bidder Non Responsive Bidder J.iInemll Section Item Code Description Reference ea'mc Otv Kalban,Inc Tmao Enterprise me Geigry General Engineering,Inc DT Stellar General Engineering R&T Concrete Paving lnc-Unit Cl Concrete Construction,Inc ONYX PAVING COMPANY,INC Garcon Construction Inc LC Paving&Sealing,Inc Van Engineering inc FS Contractors Inc NR Construction Engineering LLC DIAMOND DESIGNCONSTR Meawre Price DESIGN 1 Base Bid Mobilization EA 1 $3000.00 11,11100 $30000.00 $30000.00 $30100.00 $30100.00 $20000O3 $20000.00 $13000.00 $13000.00 $3500.00 $3,50000 $17261.80 $17,261.80 $3600000 $36,000.00 $42,000.00 $42000.00 $30,000.00 $30,000.00 $12,000.00 $12,000.00 $30,000.00 $30,000.00 $26,62700 $26,62].00 2 Base Bid 600,601 Traffic Control LS 1 $3,000.00 $3,000.00 $10,000.00 $10,000.00 $9,500.00 $9,500.00 $12,500.00 %2,500.00 $25,000.00 $25,000.00 $5,000.00 $5,000.00 $37,000.00 $37,000.00 $30,000.00 $30,000.00 $39,500.on $39,500.00 $15,000.00 $15,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 512,5oo.00 $12,500.00 3 Base Bid 300-1 Remove Exis[in .C.4"P.C.0 Sidewalk SQFT 34300 $4.00 $137 200.00 $150 $85 75003 $3.25 $11147503 $4.75 $162,92100 $155 $87,46SO3 $3.50 $120,050.00 $3.33 $114,219.00 $3.00 $302,900.00 $3.25 $111,475.00 $5.00 $1]3,500.00 $2.75 $94,325.00 $3.00 $302,900.00 $2.50 $85,750.00 4 Base Bid 201,303-5 Construct New 4"P.C.C.Sidewalk SOFT 34300 $6,00 $205,800.00 $8.00 $274,400.00 $6.75 $231,525.00 $6.00 $205,800.00 59.00 $308,700O0 $9.00 $308,700.00 $7.77 $266,51100 $9.00 $308,70000 $7.75 $265,825.00 $10.00 $343,000.00 $12.00 $411,600.00 $12.00 $411,600.00 $12.00 $411,600.00 5 Base Bid 300-1 Remove Existing 6'.P.CC.Drive Ap roach SQFT 6150 $6.00 $36900.00 $2.50 $1537503 $5.00 $307500) $503 $30,75000 $3.50 $21,52100 $4.00 $24,600.00 $5.55 $34,132,50 $3.25 $19,987.50 $7.75 $47,662.50 $4.00 $24,600.00 $3.00 $18,450.00 $3.00 $18,450.00 $3.00 $18,450.00 6 Base Bid 201,303-5 Construct Newb"P.cc.Orive Ap roach SQFT 6150 510.00 $61,500.00 $14.00 $86,100.00 512.00 $73,800.00 $10.00 $61,50000 $11ioo $70,725.00 $11.00 $67,650.00 $11.11 $68,326.50 Sam $67,65000 $13.00 $79,950.00 $12.00 $73,800.00 $12.50 $76,87- $14.00 $81100.00 514.00 $86,100.00 7 Base Bid 301-1 Remove Existing 8"P.C.C.Curb&Gutter LF 495 $30.00 $14,850,00 $5.00 $247503 $18.60 $9,20].00 $30.00 $14,85000 $1703 $8415.00 $20.00 $1,900.00 $22.22 $10,998.90 $15.00 $7,425.00 $17.50 $8,662.50 $10.00 $4,950.00 $10.00 $4,950.00 $12.00 $5,940.00 $20.00 $9,900.00 8 Base Bid 201,303-5 Construct New 8"P.C.C.Curb&Gutter LF 495 $50.00 $24,75D.00 $70.00 $34,650.00 558.00 $28,710.00 $40.00 $19,800.00 $45.00 $22,275.00 $50.on $24,750.On $44.44 $21,997.80 $45.00 $22,27500 $52.00 $25,740.00 $30.00 $14,850.00 $75.00 $37,125.00 $60.00 $29,70- $50.00 $24,750.00 9 Base Bid 300-1 Remove A.C.Pavement SQFT 550 $4.00 $2200.00 $3.00 $1650.00 $3.30 $1,815Co $1()03 $5,500.03 $3.00 $1650.00 $10.00 $5,50000 $4.44 $2,442.00 $3.00 $1,65000 $8.50 $4,675.00 $3.00 $1,650.00 $3.00 $1,650.00 $3.00 $1,650.00 $4.00 $2,200.00 10 Base Bid 203-6,302-5 Install New A.C.Pavement SOFT 550 $6.00 $3,300.00 510.00 $5,500.00 $6.00 $3,30D.00 $15.00 $8,250.00 510.00 $5,500.D. $I5.00 $8,250.00 $11.11 $6,110.50 Saw $8,25000 $19.50 $30,725.00 $6.00 $3,300.00 $6.00 $3,300.00 $13.00 $7,150.00 $22.00 $12,100.00 11 Additive Bid 300-1 Remove Exis[in PCC ADA Ram EA 3 $2000.00 $6000.00 $500.00 $1500.00 $3500.00 $30500.00 $2500.00 $7500.00 $1500.00 $4500.00 $2,500.00 $7,500.00 $3,000.00 $9,000.00 $1,000.00 $3,00000 $1,500.00 $4,500.00 $2,500.00 $],500.00 $2,000.00 $6,000.00 $1,000.00 $3,000.00 $1,200.00 $3,600.00 12 Additive Bid1 201,303-5 Construct New PCC ADA Ram 2JCase AT e3&(1 CaseBT el EA 3 $5,000.00 $I5,000.00 $5,000.00 $I5,000.00 $5,200.00 $15,600.00 $4,500.00 $13,500.00 $5,200.00 $!5,600.00 $4,000.00 $12,000.00 $7,250.00 $21,750.00 $5,000.00 $15,000.00 $4,750.00 $14,250.00 $4,500.00 $13,500.00 $7,000.00 $21,000.00 $5,000.00 $15,000.00 $4,500.00 $ 13,50o.00 13 Allowance Additional Removal and Construction of 4"PCC:to be determined by measurement prior SQFT 6900 $30.00 $69 000.00 $10.50 $72450.00 $12.00 $82 800.00 $10.75 $7417503 $1155 $86 595.00 $12.00 $82,800.00 $12.50 $86,250.00 $12.00 $82,800.00 $10.50 $72,450.00 $10.00 $69,000.00 $14.75 $301,775.00 $15.00 $303,500.00 $14.00 $96,60000 Total $582500.00 $614,850.00 $619,082.DO $63]080.00 $670,950.00 $680,200.00 $696,000.00 $705,637.50 $727415.00 $772650.00 $794050.00 $799,990.00 $803677.00 Non Responsive Bidder Non Res n ve Bidder Non Res n ve Bidder Non Responsive Bidder Non Responsive Bidder Non Res n ve Bidder Item# Section Item Code Dewdption Reference Unitof CityOppenheimer National Eagle Paving LLC DM Contracting,Inc H L Hitchcock Construction Inc Leonida Builders,Inc .1 Construction Inc Hardv&Harper,Inc Mendoza Engineering Compairy, ALL AMERICAN BUILDING Jerusalem Construction Inc Elegant Construction Inc Global Builders Inc Measure City SERVICES 1 Base Bid Mobilization EA 1 $45600.00 $45600.00 $144700) $144700) $30500.00 $30500.00 $19040.00 $19040.00 $60000.00 $60000A0 $8,500.00 $8,500.00 $15900.00 $15900.00 $1100000 $1100000 $6s00.00 $6s00.00 $35,000.00 $35,000.00 $15,000.00 $15,000.00 $12,317.75 $12,31].75 2 Base Bid 600,601 Traffic Control LS 1 $13,200.00 $13,200.00 $46,250.00 $46,250.00 $10,000.00 $10,000.00 $7,200.00 $7,200.00 $45,000.00 $45,000.00 $14,500.00 '14,500.on $73,140.00 $73,140.on $25,00000 $25,00000 $6,500.00 $6,500.00 $38,000.00 $38,000.00 $30,000.no $30,000.00 $5,293.00 $5,293.00 3 Base Bid 300-1 Remove Existing 4"P.C.C.Sidewalk SQFT 34300 $3.84 $131712.00 1&50 $222,950.00 $3.95 $135,485.00 $2.85 $97,]55.00 $30) $102 9000) $3.00 $302,900.00 $4.50 $154350.00 $6.23 $213,68900 $5.00 $171500.00 $8.50 $291,550.00 $5.00 $171,500.00 $10.46 $358,778.00 4 Base Bid 201,303-5 Construct New 4"P.GC.Sidewalk SOFT 34300 58.40 $288,120.00 $7.50 $257,25000 $10.95 $375,585.00 $13.25 $454,475.00 $11.00 $377,300.00 $13.75 $471,625.00 $10.40 $356,720.00 $9.36 $321,048.00 $10.00 $343,000.00 $13.20 $452,760.00 $20.00 $686,00o.00 521.13 $724,759.00 5 Base Bid 300-1 Remove Existi ng6"PCC.Drive Approach SQFT 6150 $3,84 $23616.00 $8.00 $49,20000 540) $24,600.00 $105 $18,757,50 $60) $369000) $3.75 $23,062.50 $8.50 $52275.00 $13.52 $83,148.00 $15.00 $92250.00 $7.50 $46,125.00 $5.00 $30,750.00 $11.60 $]3,340.00 6 Base Bid 201,303-5 Construct New 6"P.C.C.Drive Approach SOFT 6150 510.56 $64,944.00 $10.70 $65,805.00 $17.00 $104,550.00 $14.25 $87,637.50 $13.00 $79,950.00 $17.00 $304,550.00 $17.00 $104,550.00 $20.29 $124,783.50 $I5.00 $92,250.00 513.60 $83,640.00 $22.00 $-,300.00 $16.12 $99,138.00 7 Base Bid 3014 Remove Exis[in 8"P.CCCurb&Gutter LF 495 $87.24 $43193.80 $15.00 $7425.00 $20.00 $9900.00 $12.00 $5940.00 $10.00 $4950.00 $18.00 $891000 $2100 $10395.00 $34.74 $17196.30 $1500 $7425.00 $38.00 $188150. $30.00 $14850.00 $81.77 $40476.15 8 Base Bid 201,303-5 Construct New 8"P.C.C.Curb&Gutter LF 495 $167.16 $82,]44.20 $60.00 $29,700.00 $55.00 $27,225.00 $42.50 $21,037.50 $45.00 $22,275.00 $100.00 $49,50000 $9600 $47,52000 $58.18 $28,]99.30 $2500 $12,3]7s w $130.00 $64,350.00 $100.00 $49,500.00 $60.28 $29,838.60 9 Base Bid 3001 Remove A.C.Pavement SOFT 550 $18.00 $9900.00 $5.00 $2]50.00 $5.00 $2,750.00 $3.00 $1650.00 $3.00 $1650.00 $3.75 $206150 $11.00 $605000 $24.00 $13200.00 $I5.00 $8250w $25.00 $13750.00 $20.00 $13000.00 $6.77 $3723.50 30 Base Bid 203-6,302-5 Install New A.C.Pavement SOFT 550 $24.00 $13,200.00 $12.00 $6,600.00 $20.00 $11,00000 $15.00 $8,250.00 $21.80 $11,990.00 $12.71 $7,012.50 $21.00 $11,550.00 $48.72 $26,]96.00 $]5.00 $41,250.00 $3].00 $20,350.00 $50.00 $27,500.00 $].68 $4,224.00 11 Additive Bid1 3001 Remove Exis[in PCC ADA Ram EA 3 $3120.00 $9360.00 $2600.00 $]800.00 $3000.00 $9,000.00 $3500.00 $4500.00 $2000.00 $6000.00 $1100.00 $3M(3.00 $29]0.00 $891000 $5]20.00 $17160.00 $3500.00 $4500.00 $2800.00 $8400.00 $1000.00 $3000.00 $150600 $4518.00 12 Additive Bid1 201,303-5 Construct New PCC ADARam 2 Case AType 3&1 CaseBT el EA 3 $],200.00 $21,600.00 $6,900.00 $20,]D0.00 $5,200.00 $15,600.00 $5,000.00 $15,000.00 $3,000.00 $9,000.00 $],500.00 $22,500.00 $11,200.00 $33,600.00 $8,580.00 $I5,]40.00 $4,500.00 $13,500.00 $],]00.00 $23,100.00 $3,000.00 $9,000.00 $3,109.00 $9,32].00 Additional Removal and Construction of 4"PCC to be determined by measurement prior 13 Allowance sidewalk due to field engineering to construction SQFT 6900 $10.00 $69,000.00 $14.00 $96,600.00 $14.90 $302,810.00 $15.50 $306,950.00 $14.00 $96,600.00 $18.00 $124,200.00 $14.]0 $301,430.00 $15.60 $30],640.00 $35.00 $241,500.00 $23.00 $158,]00.00 $20.00 $138,000.00 $31.]4 $219,006.00 $816,180.00 $827,500.00 $839,005.00 $848,192.50 $854515.00 $942622.50 $9]6,390.00 $1,014,199.90 $1,040,800.00 $1254535.00 $1301 .00 $1,582,]39.00 Page 64 ATTACHMENT 2 Citywide Concrete Rehabilitation Project FY25-26 Vicinity Map NOT TO SCALE r•—' I I r I 1 I I I I Day Crtek I Deer Creek I Channel I I c 1 Hillsitle Rd Jennet St y.Jtlsnn Ave Alta Lpma Wilson M. Aye Wilson Manxanita Dr ChaHey x / •A 3 n � �/. \ Banyan 5[ B.i.nYan 5[ a-yan 51 1 / Lemon A— /• 210 '\ 210 210 2161 - .216 ,• _ 310_ _ 1 � � r[pria Sr n Wam_�` iRendio Cucamonga /. 1.1 ° n Len[ral Park Uplantl HIIIS I _ .... 4 Baseline Rr i Country Club _. c Lh st h 1 r-66� Rancho r� k i Cucamonga Arrow Rte grrow Rce hst o 9ih St I Whitt—AV@ i Jersey SIV4 m s Whitlra Arr E 8th st —.—-_ \5r etl•>1 I E nth st \ j •yeaf,,,;� 6th St a u C G 4 E 4[II.St a � � � �-_ _ _._r_.�.�f Vtfi•.—.—�—.—� �•—'--------.—.I San 8PY112YtlIr10 AVQ ; O Project Site Page 65 ATTACHMENT 3 CONTRACT AGREEMENT KNOW ALL MEN BY THESE PRESENT: That the following agreement is made and entered into, in triplicate, as of the date executed by the City Clerk and the Mayor, by and between , hereinafter referred to as the "CONTRACTOR" and the City of Rancho Cucamonga, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor; and WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for the construction of "CITYWIDE CONCRETE REHABILITATION PROJECT FY25-26." NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the"CITYWIDE CONCRETE REHABILITATION PROJECT FY25-26." Said work to be performed in accordance with specifications and standards on file in the office of the City Engineer and in accordance with bid prices hereinafter mentioned and in accordance with the instruction of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the entire contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within fifteen (15) days from the date of notice of award of the contract or upon notice by City after the fifteen (15) days, and to complete his portion of the work within 75 working days from the date specified in the Notice to Proceed. The bidder agrees further to the assessment of liquidated damages in the amount of $3600.00 for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: Contractor shall procure and maintain for the duration of the contract, and for 2 years thereafter, insurance against claims for injuries to persons or damages to Page 66 property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: a. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. c. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. d. Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. e. Surety Bonds. Contractor shall provide the following Surety Bonds: i. Bid bond ii. Performance bond iii. Payment bond iv. Maintenance bond f. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. g. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review. Page 67 h. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Self-Insured Retentions Self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity. Other Insurance Provisions: Additional Insured The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40. Primary Insurance For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Page 68 Builder's Risk (Course of Construction) Insurance Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity's site. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the Entity. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors. Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Special Risks or Circumstances Page 69 5. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or Page 70 d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. 8. LEGAL HOURS OF WORK: Eight(8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3, of the Labor Code of the State of California as amended. The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00)for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. 9. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.1. 10. CONTRACTOR'S LIABILITY: The City of Rancho Cucamonga and its elected officials, officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen, employees of the Contractor or his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of the City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, Page 71 or activities of the Contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment or award rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder or reasonable settlement in lieu of judgment or award, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the project, operation, or activities of the Contractor hereunder, the Contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 11. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of age, disability, race, color, religion, sex, sexual orientation or national origin of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 12. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing the material and doing the prescribed work per the unit prices set forth in accordance with Contractor's Proposal. IN WITNESS WHEREOF, the parties hereto have caused these present to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License#: Date Page 72 By: Signature Print Name &Title By: Signature Print Name &Title CITY OF RANCHO CUCAMONGA, CALIFORNIA By: BY: L. Dennis Michael, Mayor Kim Sevy, City Clerk Date Contractor's Business Phone Number: Emergency Name and Phone Number at which Contractor can be reached at any time: Page 73 CITY OF RANCHO CUCAMONGA DATE: March 4, 2026 TO: Mayor and Members of the City Council FROM: Elisa C. Cox, City Manager INITIATED BY: Peter Castro, Deputy City Manager Maritza Martinez, Public Works Services Director Daniel Akers, Deputy Director of Public Works Richard Favela, Streets/Storm Maintenance Superintendent Fily Reyes, Assistant Engineer SUBJECT: Consideration to Award a Contract with Foxtrot Construction Inc. for the Diesel Tank Replacement Project in the Amount of $169,320, Plus a Contingency of $16,940 and Authorization of an Appropriation in the Amount of$203,860. (CITY) RECOMMENDATION: Staff recommends the City Council: 1. Approve the specifications for the Diesel Tank Replacement Project. 2. Accept the bid received for construction of the Project in the amount of $169,320 from Foxtrot Construction Inc. 3. Authorize an expenditure of a contingency in an amount of$16,940 for construction. 4. Award and authorize the execution of a contract for the Diesel Tank Replacement Project to the lowest responsive bidder, Foxtrot Construction Inc. of Ontario, California, in the amount of$186,260. 5. Appropriate $203,860 from the Capital Reserve Fund (025) balance for the construction contract and special inspection services. BACKGROUND: The current diesel tank at the Public Works Corporate Yard needs replacement. The current tank is a 10,000-gallon aboveground storage tank(AST). Due to the decrease in diesel fuel usage, the City is no longer purchasing the volume of fuel necessary to keep the tank full. Because of this, the inner walls of the AST have developed rust and condensation, contaminating the diesel with sediment. Installing a smaller tank would allow the staff to keep the tank full and prevent degradation and ease maintenance costs. ANALYSIS: The Diesel Tank Replacement Project (Project)will consist of the removal of the existing 10,000- gallon tank and replacement with a 1,000-gallon tank (see vicinity map in Attachment 2). The contract documents call for thirty (30) working days for construction completion. The Notice Inviting Bids was released to the general contracting community and was published Page 74 in the Daily Bulletin Newspaper on Tuesday, January 27th, 2026 &Tuesday, February 3rd, 2026. Three (3) bids for the Project were opened at 2:00 pm on Tuesday, February 10, 2026. The Engineer's estimate for the Project was $237,000. The apparent low bidder, Foxtrot Construction, Inc., submitted a bid in the amount of$169,320. A full bid summary is included as Attachment 1. Public Works staff have reviewed all bids received and found all to be complete and in compliance with the bid requirements, with any irregularities deemed inconsequential. Staff have completed the required background investigation and finds the lowest responsive bidder, Foxtrot Construction, Inc., meets all bid document requirements. A draft of the project contract is attached in Attachment 3. In addition to construction costs, the Project will also require special inspection services during the construction phase. The City has Psomas, an engineering consultant firm, under contract for inspection services. Staff requested Psomas provide costs for inspection services for the Project. Psomas responded with a cost of$17,600. FISCAL IMPACT: Anticipated construction costs are estimated to be as follows: Expenditure Category Amount Foxtrot Construction Bid $169,320 Contingency $16,940 Psomas Special Inspection Costs $17,600 Total Expenditure Amount $203,860 A total of$250,000 was approved in Fiscal Year 2024/25 Budget from the Capital Reserve Fund (025) through the Major Projects and Programs (MPP) process. However, the Project was not carried over to the current fiscal year. Therefore, an appropriation in the amount of $203,860 is required towards the Project from the Capital Reserve Fund. COUNCIL MISSION /VISION /VALUE(S) ADDRESSED: As we move towards intentionally embracing and anticipating our future, the replacement of the diesel tank allows the City to be able to keep up with modernizing the fuel needs of our fleet. ATTACHMENTS: Attachment 1 — Bid Summary Attachment 2 —Vicinity Map Attachment 3 — Sample Contract Page 2 Page 75 ATTACHMENT 1 Bid Results for Project PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT Bid Opened on February 10,2026 2:00 PM (PST) Foxtrot Construction,inc Cora Constructors Inc Fleming Environmental Inc. Unit of Item Num Section Description Reference Measure Quantity Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Base Bid Mobilization (7-3.4) LS 1 $6,500.00 $6,500.00 $9,500.00 $9,500.00 $16,122.00 $16,122.00 2 Base Bid Remove and Dispose of Existing Fuel Tank and Dispensers including PI (900),RC Fire District Standard 57-1 LS 1 $28,750.00 $28,750.00 $82,000.00 $82,000.00 $59,526.00 $59,526.00 3 1 Base Bid Furnish and Install 1,000 Gallon Diesel Tank (901),Appendix 2,3 LS 1 $82,400.00 $82,400.00 $29,000.00 $29,000.00 $60,411.00 $60,411.00 4 Base Bid Furnish and Install Gasoline Pump (902),Appendix 2,4 EA 1 $14,850.00 $14,850.00 $3,000.00 $3,000.00 $7,516.00 $7,516.00 5 Base Bid Furnish and Install Shelf Mounted Gasoline Dispenser (903),Appendix 2,5 EA 1 $11,250.00 $11,250.00 $9,600.00 $9,600.00 $19,517.00 $19,517.00 6 Base Bid Remove Existing Fuel Monitoring System (400-1,904) LS 1 $4,950.00 $4,950.00 $4,500.00 $4,500.00 $7,693.00 $7,693.00 7 Base Bid Furnish and Install new Fuel Monitoring System (905),Appendix 2,5 1 LS 1 $20,616.32 $20,616.32 $60,000.00 $60,000.00 $41,890.00 $41,890.00 Total $169,316.32 $197,600.00 $212,675.00 Page 76 ATTACHMENT 2 Diesel Tank Replacement Project VICINITY MAP NOT TO SCALE + Almond St beer Creek ' ichalnnei � I• Hillside Rd WIW&Rd HR15ide Rd e+ ■ . rey N■ I [,r ti N,jg5on Ave I I Wilson Ave n �•� • Thorou9h4red`' > Chaffey •r 'L • College School x �F Banyan St Banyan St BgmySt Catch •.} Lemon Ave Lemon Ave hin ge pr Vin } Basin � • � Alta Lama Dr • 9 Alta Loma �n d' W C • N victoria St Grapeland > Etiwande; ] N ¢ Upland Hills ��. = � m � W m Country club Base Line Rd in Ci r C C . ■ u O Q •!!! y ¢ E c � 14th St tam I s m A u a •I ¢ ID 66 a Rancho rCucamonga 6 a row Hwy w a ° w ; N y m Arrow Rte Arrow Rte 1 # a I ro rn m 9th St m North Jersey Blvd Wh1ttrap Ave u Kalser / Cucamonga E 8th]! � • ■ � ■ r� t St —*Olt E 7th St � • p IV + a � � i Q • E 6th St ro ro 6th St y O • FL � } < _ E dth 5 rn • . , . . . .B■Mt4�gt• �• , �hk 9t • — rat}5t• San Berndrdina Ave x _ Project Site ED N Page 77 ATTACHMENT 3 CONTRACT AGREEMENT KNOW ALL MEN BY THESE PRESENT: That the following agreement is made and entered into, in triplicate, as of the date executed by the City Clerk and the Mayor, by and between , hereinafter referred to as the "CONTRACTOR" and the City of Rancho Cucamonga, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor; and WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for the construction of"PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT." NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the"PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT." Said work to be performed in accordance with specifications and standards on file in the office of the City Engineer and in accordance with bid prices hereinafter mentioned and in accordance with the instruction of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the entire contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within fifteen (15) days from the date of notice of award of the contract or upon notice by City after the fifteen (15) days, and to complete his portion of the work within 30 working days from the date specified in the Notice to Proceed. The bidder agrees further to the assessment of liquidated damages in the amount of $3,600 for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 13 Page 78 4. INSURANCE: Contractor shall procure and maintain for the duration of the contract, and for 2 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: a. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. c. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. d. Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. e. Surety Bonds. Contractor shall provide the following Surety Bonds: i. Bid bond ii. Performance bond iii. Payment bond iv. Maintenance bond f. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. g. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or 14 Page 79 start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review. h. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Self-Insured Retentions Self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity. Other Insurance Provisions: Additional Insured The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40. Primary Insurance For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation 15 Page 80 Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Builder's Risk (Course of Construction) Insurance Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity's site. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the Entity. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors. Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance 16 Page 81 meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has 17 Page 82 exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. 7. LEGAL HOURS OF WORK: Eight(8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3, of the Labor Code of the State of California as amended. The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00)for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.1. 9. CONTRACTOR'S LIABILITY: The City of Rancho Cucamonga and its elected officials, officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen, employees of the Contractor or his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole 18 Page 83 negligence or willful misconduct of the City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment or award rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder or reasonable settlement in lieu of judgment or award, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the project, operation, or activities of the Contractor hereunder, the Contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of age, disability, race, color, religion, sex, sexual orientation or national origin of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing the material and doing the prescribed work per the unit prices set forth in accordance with Contractor's Proposal. IN WITNESS WHEREOF, the parties hereto have caused these present to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. 19 Page 84 State of California Contractor's License #: Date By: Signature Print Name &Title By: Signature Print Name &Title CITY OF RANCHO CUCAMONGA, CALIFORNIA By: BY: L. Dennis Michael, Mayor Kim Sevy, City Clerk Date Contractor's Business Phone Number: Emergency Name and Phone Number at which Contractor can be reached at any time: 20 Page 85 CONTRACT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT as Principal, and as Surety, are held and firmly bound unto the City of Rancho Cucamonga, hereinafter called City, in the just and full amount of (Written) $ (Figures) payment whereof we hereby bind ourselves, our heirs, executors administrators, successors and assigns,jointly and severally, firmly by these presents. Given under our hands and sealed with our seal this_ day of , 20_. The condition of the foregoing obligation is such that, WHEREAS, the above-named principal is about to enter into a contract with the City, whereby said principal agrees to construct "PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT' in accordance with the AGREEMENT dated , which said contract is hereby referred to and made a part hereof to the same extent as if the same were herein specifically set forth; NOW, THEREFORE, if the said principal shall well and truly do and perform all things agreed by the principal in said contract to be done and performed, then this obligation is to be void; otherwise it will remain in full force and effect; PROVIDED, that for value received the undersigned stipulate and agree that no amendment, change, extension of time, alteration or addition to said contract, or agreement, or of any feature or item or items of performance required therein or thereunder shall in any manner affect the obligations of the undersigned under this bond; and the surety does hereby waive notice of such amendment, limitation of time for bringing action on this bond by the City, change, extension of time, alteration or addition to said contract or agreement and of any feature or time of performance required therein or thereunder. WITNESS our hands this_ day of 20_. By: Title: Su rety: By: Individual _ Partnership _ Corporation Other, explain SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS (INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.). 21 Page 86 Bond No.: PAYMENT BOND (Labor and Materials) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO CUCAMONGA (name of City) ("City") has awarded to (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: "PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT" WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of ($ ), this amount being not less than one hundred percent(100%)of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. 22 Page 87 Payment Bond (continued) This bond shall insure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case the suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Date: "Principal" "Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 23 Page 88 CONTRACT WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: 1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date (Contractor) By: (Signature) (Title) Attest: By: (Signature) (Title) 24 Page 89 MAINTENANCE GUARANTEE BOND FOR "PUBLIC WORKS YARD DIESEL TANK REPLACEMENT PROJECT" WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and (hereinafter designated as"Contractor") have entered into an agreement, Contract # whereby Contractor agrees to install and complete certain designated public improvements, which said agreement, dated , 20_, and identified as project located is hereby referred to and made a part hereof; and WHEREAS, said Contractor is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, guaranteeing all improvements free of all defects for a period of one (1) year after acceptance of by the City. NOW, THEREFORE, we the Contractor and as surety, are held and firmly bound unto the City of Rancho Cucamonga (hereinafter called "City"), in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein specified, and in all respects according to their true intent and meaning, and shall indemnify and same harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreements or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and surety above named on , 20 CONTRACTOR SURETY Name Name Address Address By: By: PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED 25 Page 90 µpNgq � K CITY OF RANCHO CUCAMONGA M DATE: March 4, 2026 TO: Mayor and Members of the City Council President and Members of the Board of Directors FROM: Elisa C. Cox, City Manager INITIATED BY: Mike McCliman, Assistant City Manager/ Fire Chief Peter Castro, Deputy City Manager Jason C. Welday, Director of Engineering Services/City Engineer Christopher Sorensen, Senior Civil Engineer Romeo David, Associate Engineer SUBJECT: Consideration to Award a Contract with Gentry General Engineering, Inc. in the Amount of $2,516,260, Plus a 10% Contingency of $251,630, for the Almond Street Improvement Project and Authorization of an Appropriation in the Amount of$1,383,430. This Project is Exempt from the Requirements of the California Environmental Quality Act (CEQA) Per Code Section 15301(c)(1) — Existing Facilities and a Notice of Exemption was Filed on September 6, 2024 with the County of San Bernardino. (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council: 1. Approve the plans and specifications for the Almond Street Improvement Project (Project) on file with the City Engineer; 2. Accept the bids received for the Project; 3. Waive a minor irregularity related to the bid received from the lowest responsive bidder, Gentry General Engineering, Inc.; 4. Award and authorize the execution of a contract in the amount of$2,516,260 to the lowest responsive bidder, Gentry General Engineering, Inc., for the total bid amount including the Base and Additive Bids; 5. Authorize the expenditure of a 10% contingency for the construction contract in the amount of $251,630 as deemed necessary and authorized by the City Engineer or his designee; and 6. Authorize an appropriation of expenditures in the amount of $1,383,430 from the Infrastructure Fund (Fund 198). Page 91 BACKGROUND: The Project will connect the existing eastern and western portions of Almond Street, between Carnelian Street and Via Verde Street, by constructing 900 feet of new local roadway with one (1) lane in each direction (see vicinity map in Attachment 1). The purpose of the Project is to improve circulation and accessibility for emergency responders in the northwest portion of the city. The need for the Almond Street connection was identified in the City's very first General Plan, adopted in 1981, and has been identified in all subsequent General Plans. Feedback from project surveys as well as community meetings, including a tabletop activity completed at the community meeting held on April 23, 2025, was used by Engineering Services Department staff to develop a preliminary concept to visualize proposed Project improvements. The preliminary concept included the following elements: • A pedestrian and equestrian trail along the south side of Almond Street; • No on-street parking; • Low-level street lighting to support safety and deter crime by creating natural surveillance and a well-lit area which is a Crime Prevention Through Environmental Design (CPTED) strategy; and • Native landscaping and a rural aesthetic along the north side of Almond Street. During the design phase, the City initiated coordination efforts with Cucamonga Valley Water District (CVWD). CVWD notified the City of a planned replacement of the two existing waterlines (CVWD Project) within the Project limits in Fiscal Year 2026/27. However, to minimize construction impacts to residents and streamline the construction for the waterline replacement, the City and CVWD have agreed to construct both the Project and the CVWD Project simultaneously. The CVWD Agreement (CO2026-014 on file with the City Clerk) defines roles and responsibilities for both the City and CVWD for design and construction. This agreement provided several options for CVWD's involvement in the Project following receipt of bids by the City. CVWD has selected Option 1 (completion of the CVWD Project by the City's contractor as part of the larger Project). Under Option 1, CVWD will be responsible for all construction costs associated with the CVWD Project, half the cost of the necessary temporary bypass structure, and a portion of all associated surveying, design, construction management, and inspection services costs. In order to track CVWD's portion of the construction costs, a separate Additive Bid schedule was included in the bid documents. Further, support costs will be calculated proportionally according to each agency's share in the construction cost for the larger Project. ANALYSIS: The scope of work to be performed consists of, but not limited constructing curb and gutter, drive approach, sidewalk, equestrian trail, driveways, retaining walls, chain link fence, storm drain infrastructure, temporary waterlines bypass, street lighting, signing, and striping and an Additive Bid schedule which includes the replacements of existing waterlines, installation of fire hydrants, water valves and services. The contract documents specify one-hundred forty-working days to complete the Project. Page 2 Page 92 The Notice Inviting Bids was released to the general contracting community and was published in the Inland Valley Daily Bulletin newspaper on January 20 and January 27, 2026. Bids were opened on February 10, 2026. Seven (7) construction bids were received on Planet Bids, the City's online e-bidding platform. Engineering staff have reviewed all bids received and found all bids to be complete in accordance with the bid requirements with any irregularities to be inconsequential. Staff have completed the required background investigation and have found the lowest responsive bidder, Gentry General, meets the requirements of the bid documents. In accordance with the bid instructions, Gentry General submitted a digital copy, on Planet Bids, of its Bid Bond prior to the scheduled bid opening. The original hard copy of the Bid Bond was delivered later the same day to the City Clerk's Office, albeit after the bid opening. While the bid instructions require delivery prior to the bid opening, staff has reviewed the original and electronic copy and determined that the bid bond was in full effect as of February 6, 2026, four days prior to the bid opening. Therefore, Gentry General did not gain a financial or material advantage in the bidding process with the late delivery of the hard copy of the Bid Bond. Therefore, staff recommends that the City Council waive the minor irregularity and deem the bid to be responsive. The Engineer's estimate for the Project (Base Bid and Additive Bid) was $3,862,400. The apparent lowest responsive bid for both the Base and Additive bids was determined to be Gentry General Engineering in the amount of $2,516,260. A full bid summary is included in Attachment 2. Staff has reviewed the bid and while the prices bid were lower than anticipated, believes that the bid is reasonable and balanced. Environmental: The Project was previously determined to be exempt from the California Environmental Quality Act(CEQA) per Section 15168—Program Environmental Impact Report, Section 15301— Existing Facilities, and Section 15303 — New Construction or Conversion of Small Structures by the City Council on September 4, 2024.A Notice of Exemption was filed with the County of San Bernardino on September 6, 2024.The Categorial Exemption identified that permits from the Regional Water Quality Control Board (RWQCB) and the California Department of Fish and Wildlife (CDFW) are required due to Project impacts on the natural drainage area. Mitigation of these impacts has been performed by the City through the purchase of credits from the Soquel Canyon Land Veritas Mitigation Bank environmental mitigation credits to offset the impact of the Project. FISCAL IMPACT: Anticipated construction costs are estimated to be as follows: Expenditure Category Amount Construction Contract $2,516,260 Construction Contract Contingency (10%) $251,630 Construction Inspection Services and $252,830 Construction Management` Construction Materials Testing Services* $32,500 Bid Noticing Advertisement $1,640 Estimated Construction Costs $3,054,860 *Amount listed includes a 10% contingency. Page 3 Page 93 A total of$1,850,000 was budgeted in the Fiscal Year 2025/26 Budget for this project consisting of funds from the Infrastructure Fund (Fund 198). Following civil design, community outreach, environmental mitigation credits purchased, design survey services and preconstruction expenses, the remaining budget available for the Project from this fund is $1,221,430. Further, funds in the amount of $450,000 are available for the project from the Fire Capital Fund (Fund 288) and are eligible to partially fund this project as it develops circulation elements that aid in emergency response and evacuation in the northwest area of the city. Currently available funding for the project is outlined here: Account No. Funding Source Description Amount F198 CC303 SC7004 PID- Infrastructure Fund (198) $1,221,430 2101-198 Almond Street F288 CC501 SC7004 PID- Fire Capital Fund (288) Improvements $450,000 2101-288 Total Project Funding $1,671,430 A deficit of $1,383,430 exists and must be funded to proceed with awarding a construction contract. Therefore, staff is recommending that additional funding be appropriated toward the project from the Infrastructure Fund (Fund 198) fund balance for the construction for the remainder of the deficit as shown below. Account No. Funding Source Description Amount F198 CC303 SC7004 PID- Infrastructure Fund (198) Almond Steet $1,383,430 2101-198 Improvements Total Appropriation $1,383,430 Finally, as mentioned above, CVWD will be responsible for construction and support costs for the scope of work within the CVWD Project. Staff will seek reimbursement in accordance with the CVWD Agreement. The estimated reimbursement of $915,000 will be returned to the Infrastructure Fund (Fund 198) upon receipt. COUNCIL MISSION /VISION /VALUE(S) ADDRESSED: This project meets our City Council core values by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high- quality public improvements. 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CO20 .0 0$0 $ .030$0 3010 8 010 .05 $0 $ 9010$ ,.3015 0 .2457 50 PWA--O RP.WNNCCI NOR8111RFTAB T LARIFR MHIEIFNOEV 62 676 FL ECN EKFN ILNIATH LSLCANI $ $ .040K)72 $ 04000 .2600 ,.$241 98 $ .304409 $.5600 .260 $ .72 10$ ,.124109 .52850 0 .04 10$ $ .560 50 ,.4094060 .304409 $ .36 $0 .2E48050 72 3 AE KGTNA EILNIATH LSLCANI $ .10 $50 AD050$ 339040 0$ ,.0 $7040 $ 300050,0010050 $,.300 10 $ .70100$50 900030 .XJ O050 .40 000 $ .30$ 070 2010000 101001 .30 5000 905010 82 ,8053 FS G.NIDEOESRDTY LSLHANI $ $ .05$,2 $ 005 .100 -5505 30 $ .8SO 5 ATDO 2 .0$05,. 010070 .00 $ 457010 $ $57 .0$ 3 ,.626025 $ 22295 $ AM 0 2417025 92 421 FL .BRGU NCITNTCTE IUSOARRNC $ $ 52010$51 $ .0 50 .0800 $.90 CWO $ 5010050 52WO .570 $ .01 20$ 900030 60240 .06 10$ $ .570 0 ,.9014080 .90003 .030 0$ .8 2050 03 553 FS .Y AL" 2LRL&OMEIV $ .600,.2031 $ 00 .6100 $,.5 8060 4070 0$4100 .210 $ .1$06 ,.406 20 .8 SO .8 0$0 $ .0 0$0 6090 0 .30505 $ .364 182023 13 59 FL WTAT LDSLSMCRM AYN ELEI SPIDI ANAHRTSSDE RIAGNURUF SNTLAF $ $ .0005 .70,V050 .1 030 $ 553402 10408 .51040 $ AD 52$ 0032000$1030 300 $ .05030$ ,A 23000 435020 .00(50$ $ 09020$ ,.704 50 702 050 1 P7 7ANTA SLPD ATL-SPNA-,IC'E T7x-TR2C'TOT4UIUSNCTIS RUSONTRNCAR EC NA LPDRA DTSSNNATLAA TRCRE O EERBXPCO NCDECOFRNIER18 O DBX 23 1 SL TR EVWLUC WDEPR TASSNGNATLAWNA RICR OEPNR PAD NLLAA$)RAI$ $ ,.00700300 ,.22 80150 ,.0$700 00 $ 209 ,.5020030 ,.28050$50200 0 .00500300$ ,.006 000 ,.00$0 00 $0530 .00000300$ .0000,08020$ $.00000$00 .000 11.120$ 00000 .008 0200 ,,.1209000 0 PAR EKPCAG NRHWSTIDAADRE UL,HDAC N68 NA LDNLIAALPW A .ED C.NNA AL-TL1 O 62PN3EPD LMCERIPADTSNA 33 1 SL G NSICOFRN,LL IEI FRKT,OCA NAVIBAC XEETRCTUUSRTLEE $ $ $ 50600100 .5 600100,$42670 0 $ 0020000 ,.42 050,102000$ 0 05030$ ,.002000 $,.0020000 .000 .0 200$00 001500300 $,.00 OOOO ,.4090 100$ .208001 0$ .409001 208010 00 Page 96 BID SUMMARY-BID DATE:FEBRUARY 10,2026 LOWEST RESPONSIVE BIDDER 2 3 4 5 6 7 GENDCOTO E NMJR-OSIEEPVRMAP FROM CARNELIAN ST TO VIA VERDE ST ENGINEYE �T + GEEIN N CONSTRUC ION INC L HITCHCOCK VAN ENGINEERING INC RIVERSIDE CONSTRUCTION INC. CONSTRUCTION SSA CONSTRUCTION,INC ROADWAY ONSTRUCTION CORP & HILLCREST CONTRACTING, 34 105 LF CONSTRUCT RETAINING WALL AND WALL GUTTER PER DETAIL $ $ $ .0008 .4080000 .11 020$ 054711,.15 030,.752V040 $ .0 ,1$05 ,.307 D$0.00070 .000 $0060 ,.70 0150 .1)7 O200 .20$ 050 $ .10 050 .20600250 .30600t 0 35 1,889 LF FURNISH AND INSTALL YELLOW MEDIAN ISLAND WITH TYPE"D" MARKERS PER CALTRANS STD PLAN A20B,DETAIL 29. $ $ $ .01 0,.8W9080 .300 $ $.576 60 $.2586 .538536 .500013 0$ . $54 $ 5$00 ,.4825 0 .954 0$ $47 $ 1$58 ,.55761 3495 6 36 1,901 LF FURNISH AND INSTALL 6"WHITE EDGELINE PER CALTRANS STD PLAN $ $ $ . 00,3740060 200 $ $.3200 0 $103£ .21704 .216064 .1 4$ $52 $ $00 ,.26753 .3200 0 $ $04 $ $52 ,.216064 .26753 A2013,DETAIL 27B. 37 49 LF FURNISH AND INSTALL 12"WHITE LIMIT LINE PER CALTRANS STD PLAN $ $ $ 00 .4902$.9100 $ $ .13090 .5% $ .25523 .9100 .13090 $ 710$0 $ 6$00 .33080 .4902 $ 10$0 . $08 .13090 $ .48022 A24G. 38 2 EA FURNISH AND INSTALL WHITE"STOP"PER CALTRANS$ D4 2ANTA SL DD $ .5701$ .05630 $ .39030 .52020 .$80 0 $ .05046 .70040 18 $ .070 0$ .400 05 $ $04070 .00 $ .41040$ .00050 .83080 .4 040$ .80080 39 15 LF FURNISH AND INSTALL 6"YELLOW CENTERLINE. $ 4.$0 $ C6010.200 $ $ 300.300$ $ 5400 .104 .1200 .1$52$ $00$ .8157 .030 .1$04 $ 2$01 .1200 .13 05 40 5 EA FURNISH AND INSTALL SIGN AND POST PER PLAN ON STREET LIGHT $ $ .0504 .2f$020.1 040 $ .25502 .00060,S00 00 .07040,.2 030 .5 040$ $ 52040$ .2 2010 .25 10 .0 040$ $ .0 030$ .2000 10008 POLE PER CITY STANDARD PLAN 401-B. 41 2 EA FURNISH AND INSTALL SIGN PER PLAN ON STREET LIGHT POLE PER CITY $ $ .00030 .1504$ .00060 $ .000 .20090 $06 $ .00 .83010 7$20 2040$ $ .05010$ 05080 OOC 3C$ 8040$ .8 010$ 0609 $ .63030 STANDARD PLAN 401-B. 42 6 EA FURNISH AND INSTALL STREET LIGHT HANDHOLE/PULL BOX(JENSE�NO. $ $ ,.100050 .9V000.6 060 $ .3610811.05040,2$07 $ .00 .06060,. $6090 .0 030$ $ .02070$ .100080 40 030 ,.20 010 20$0 00 .201408 $ .201000 0 6)PER CITY OF R.C.STD PLAN 413. 43 174 LF FURNISH AND INSTALL 3"PVC SCH 40 CONDUIT WITH(2)#8 COPPER $ $ .56 .10'$1030 200 $ .4200 0,5 .Z300 $ .86050 ,.780030. *0 .2 0$0 $ 540$0 .382080 .703 V .8 0$0 $ . 20$4 ,.42708 .4390 6 CONDUCTORS AND(1)#8 COPPER GROUND(XHHW-2). FURNISH AND INSTALL 5800 LUMEN/39 WATT STREETWORKS VERD- 44 6 EA C016-D-13-4N7-39W STREET LIGHT AND 1C1-28 POLE PER CITY OF IR.C. $ $ .2020050 0300100$0114 40 $ 6 $ .905090,264060,.9$5007 $ .90$5080 .952300 AD5501 $ .90$0080 9050010 9$ M050080 08O $ 0$0020 .805 080 .5050 20 STD PLAN 410. 45 772 LF FURNISH AND INSTALL 3"PVC SCH 40 CONDUIT WITH(4)#8 COPPER $ $ .07 .4*4000 9200 $ 282803 ,12$.8200$ .61030 .5231050 $6400 .62 $0 $ .540$0 ,.022 000 .40 070 .42 $4 $ .320$0 .8613CB8 .761 070 CONDUCTORS AND(1)#8 COPPER GROUND(XHHW-2). 46 1 EA FURNISH AND INSTALL NON-METER SERVICE PEDESTAL WITH 4"STREET$ $ ,.0010000 .031201$ ,.001 000$ $ .900050,. 312010 ,.$0005 $ 90$84 ,.5570 0 ,$557010 .00 $ .50$0050 .908040 $,.5 0050 .001 0$00 $ .90$ 030 .00100 .90003 ADDRESS PER CITY OF R.C.STD PLAN 411. 47 865 LF FURNISH AND INSTALL 3"PVC SCH 40 CONDUIT,EMPTY,TO BE USED FFR $FUTURE FIBER-OPTIC CABLE. $ .01 0 ,�B05060 200 $ .90$300 42$.8200$ .020 0 .1522060 r5200 .52 $0 $ 520$0 .1522060 .152 60 .22 $8 $ 120$3 ,.92120 0 .841 045 84 1 SL GNT OTICTSNKIUSOARNC $ $ .0050 100 .O($5001 .4233010 33 2 A233016 .000 ,.2030020 ,.00P 000 ,0200 .00600$ 0 .000 ,.0030$ $.006000 $ 00 00400$00 .0030000 10 0000 .205 $00 .2 50000 94 1 SL WSPPP $ $ O500100 .005C 0 100,1137286 $ 00 .8010050$.67 8SO,81 $ .00050 7$,.0010000 310010000 $ ,.500000 ,.00 00$00 .50 0000 .00$00 0 .004 0$00 .6010 $00 .004$O 610 .0000 FURNISH AND INSTALL 16-INCH CML&C WELDED STEEL PIPE,INCLUDING 50 101 LF FITTINGS AND BACKFILL,AND COMPLETE AS SHOWN ON THE PLANS SND $ $ .0501 .50*010 .1 030 $ .913904 05308 .%)030 $ 0 ,1$ ,.00700 0.00070 $ .52020 .1 $5010 ,.352 0170 .6015 110 .30$ 20 $ .30$ 000 ,.3020032 .3000030 PER CVWD STD.DWG.126&301A,AND TECHNICAL SPECIFICATIONS. FURNISH AND INSTALL 12-INCH CML&C WELDED STEEL PIPE,INCLUDING 51 98 LF FITTINGS AND BACKFILL,AND COMPLETE AS SHOWN ON THE PLANS SND $ $ .0201 .10115070 .44020 $ .322109CE 90204 .0)J030 $ 0 ,1$ ,.90400 0.00050 .05000 $ 8070$ ,.200 O190 $60 3090 .60$C 050 $ .30$ 000 .70300600 .409002 0 PER CVWD STD.DWG.126&301A,AND TECHNICAL SPECIFICATIONS. FURNISH AND INSTALL 16-INCH TIE-OVERS AT STA.10+00&STA.11+00.52, 52 1 LS INCLUDING REMOVING INTERFERING PORTIONS OF PIPE,FITTINGS AND $ $ .0020000 .921107$ ,.002 00$ $ .2020000 ,. 211070,.$02000 .00500$00,.5020 00 150200130 $ .50700$00 .0050000 $ $. 070000 $,. 040050 .20 00$00 .404 050 .20400 0 BACKFILL,COMPLETE AS SHOWN ON THE PLANS AND PER CVWD STD. DWG.126&301A,AND TECHNICAL SPECIFICATIONS. FURNISH AND INSTALL 12-INCH TIE-OVERS AT STA.0+00&STA.0+97.17, 53 1 LS INCLUDING ABANDONING EXISTING PIPE,FITTINGS AND BACKFILL, $ $ ,.0010000 .921107$ ,.001 00$ $ .2020000 ,. 211070,.$02000 .00400$00,.0020 00 ,$J0200 0 $ .50700$00 .0040000 $ $. 070000 $ .5030000 .30 00$00 .503 00 .30300 0 COMPLETE AS SHOWN ON THE PLANS AND PER CVWD STD.DWG. 26& 301A,AND TECHNICAL SPECIFICATIONS. TOTAL BASE BID AMOUNT: $2,882,327.50 $1,696,238.00 $1,616,608.80 $1,759,834.70 $3,306,725.05 $3,139,566.50 $3,689,674.56 $3,865,697.60 Page 97 BID SUMMARY-BID DATE:FEBRUARY 10,2026 LOWEST RESPONSIVE BIDDER 2 3 4 5 6 7 GENDCOTO E N NMJR-OSIEEPVRMAP FROM CARNELIAN ST TO VIA VERDE ST ENGINEYE �T + GEEIN N CONSTRUC ION INC L HITCHCOCK VAN ENGINEERING INC RIVERSIDE CONSTRUCTION INC. CONSTRUCTION SSA CONSTRUCTION,INC ROADWAY ONSTRUCTION CORP & HILLCREST CONTRACTING, ADDITIVE BID-CVWD POTABLE WATER PIPE UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID NO OTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT 1 1 LS MOBILIZATION,INCLUDING CONSTRUCTION SURVEY AND $ $ $ .500000 ,.70540M ,.5 00(S) $ ,.3010050 ,.7 54020,.V1005 .0030000 ,.10$ 050,.033000 $ .50600$00 .100050 $.5C 60000 .00 00$00 .4060 300$ .0050 $ .40600300 DEMOBILIZATION TO COMPLETE THE PROJECT 2 1 LS POTHOLE EXISTING WATERLINES AND CROSSING UTILITIES AS $ $ $ .700050 ,.282504) ,.7 05($ $ .400050,.2 25080 ,%0005 .0020000 ,.10$ 5,.01$0000 $ 00 .20200$00 ,.100050 S?0 0000 .10 00$00 .705 0$00 ,.10600 $ .7050000 NECESSARY TO COMPLETE THE PROJECT. 3 1 LS RECORD DRAWINGS,COMPLETE PER TECHNICAL SPECIFICATI.SON $ $ .00050 .868070 $.00050 $ .1000$0 ,. 88070 1 $ .00020,.0010000 ,.00$ 000 10$0050 0$0000 .1 0050 .200 0 ,. 0$0000 ,.4 $0070 ,.5000 4 .00070 FURNISH AND INSTALL 16-INCH CML&C WELDED STEEL PIPE,INCLUDING 4 2,008 LF FITTINGS,BEDDING,PIPE ZONE BACKFILL,PIPE'S SLURRY,TRENCH RR $ $ .17035,.524-&790 020$ /4840490,. 0327S .56SO 00 ,,.140000000 0050 .07030$ $7 .5850000 .00 80$ ,,.160000 40 $.03060$ $1 ,,.5 640200 .09(50$ 140820 70 REPAIR,AND COMPLETE AS SHOWN ON THE PLANS AND PER CVWD%TD. DWG.126&301A,AND TECHNICAL SPECIFICATIONS. FURNISH AND INSTALL 12-INCH CML&C WELDED STEEL PIPE FROM STA. 5 38 LF 50+00.67 TO STA.50+37.80,INCLUDING FITTINGS,BEDDING,PIPE ZONL $ $ .1303 .2715)050 .1 050$ 508020,.70 050,.082ffi050 $ .0 .5010020. 004$.069$ $ 00 .10$0050 038040 $.7 50000 $ ,30$0020 .1 200160,.30$0 00 .40100100 BACKFILL,TRENCH REPAIR,AND COMPLETE AS SHOWN ON THE PLA S AND PER CVWD STD.DWG.126&301A,AND TECHNICAL SPECIFICATIONS. FURNISH AND INSTALL 16-INCH BUTTERFLY VALVE(CLASS 150), 6 2 EA COMPLETE PER CVWD STD.DWG.115&116,AND TECHNICAL $ $ .700050 .581200$ .5011)000 $ .9010000 ,. 635000,.S03000 .5020000,.9010 $00 ,$D0500 0 $ .70200$30 .8030000 $ $. 050060 $ .0020060 .9 100$30 ,.104 020 .80300 0 SPECIFICATIONS. FURNISH AND INSTALL 16-INCH TIE-OVER AT STA.10+00.00,INCLUDING ABANDONING EXISTING PIPE,REMOVING INTERFERING PORTIONS OF 7 1 LS PIPE,CONCRETE CAP,FITTINGS,AND TRENCH REPAIR,COMPLETEVER $ $ .5010000 .7211060 ,.501 00$ $ .8010000 ,. 211060,.$01000 .5020000 ,.2020 $00 115020000 $ .50100$00 .2020000 $ $. 010000 $ .4040050 .2 400$00 ,.404 050 .20400 0 DETAIL"A"AS SHOWN ON THE PLANS AND PER CVWD STD.DWG.126& 301A,AND TECHNICAL SPECIFICATIONS. FURNISH AND INSTALL 12-INCH TIE-OVER AT STA.50+00.67,INCLUDING ABANDONING EXISTING PIPE,REMOVING INTERFERING PORTIONS OF 8 1 LS PIPE,CONCRETE CAP,FITTINGS,AND TRENCH REPAIR,COMPLETWER $ $ .3010050 .5211050 ,.301 05$ $ .9010000 ,. 2l l050..$0l000 .0020000 ,.0020 $50 ,S)0200 0 $ .20100$00 .0020050 $ $.2010000 $ .5030000 .3 300$00 ,.503 00 .30300 0 DETAIL"A"AS SHOWN ON THE PLANS AND PER CVWD STD.DWG.126& 301A,AND TECHNICAL SPECIFICATIONS. FURNISH AND INSTALL 16-INCH TIE-OVER AT STA.20+18.11,INCLUDING 9 1 LS REMOVING INTERFERING PORTIONS OF PIPE,FITTINGS,AND TRENQH $ $ .5010000 .4217060 ,.501 000 $ .9010000 ,. 217060,.$01000 ,.5030000 ,.9010 $50 ,$0300 0 $ .50100$00 .9010050 $ $. 010000 $ .4040050 .2 400$00 ,.404 050 20400 0 REPAIR,COMPLETE PER DETAIL"B"AS SHOWN ON THE PLANS AN PER CVWD STD.DWG.126&301A,AND TECHNICAL SPECIFICATIONS. FURNISH AND INSTALL 16-INCH TIE-OVER AT STA.60+27.49,INCLUDING ABANDONING EXISTING PIPE,REMOVING INTERFERING PORTIONS OF 10 1 LS PIPE,CONCRETE CAP,FITTINGS,AND TRENCH REPAIR,COMPLETEVER $ $ .5010000 .5211050 ,.5011,04 $ .2010000 ,. 211050'.201000 .5020000 ,.8010 $00 1150200130 $ .50100$00 .8010000 $ $. 010000 $ .4040050 .2 400$00 ,.404 050 .20400 0 DETAIL"B"AS SHOWN ON THE PLANS AND PER CVWD STD.DWG.126& 301A,AND TECHNICAL SPECIFICATIONS. FURNISH AND INSTALL 2-INCH AIR-VAC RELEASE ASSEMBLY,INCLUDING 11 2 EA TRENCH REPAIR,AND COMPLETE PER CVWD STD.DWG.120&301A34ND D $ .900050 .2513080 ,.901 000 $ .2010000 ,. 027060,.402000 $ .2010$00,.700 50 ,501000 $ 0 .90100$00 .4020000 $.8C 30000 $ ,. 0100$50 .8 100$30 ,.9030 00 .603006 TECHNICAL SPECIFICATIONS. FURNISH AND INSTALL FIRE HYDRANT ASSEMBLY,INCLUDING FITTINGS, 12 2 EA APPURTENANCES,TRENCH REPAIR,AND REPLACE LANDSCAPE IN�IND, $ $ .9010050 .9913060 ,.903 000 $ .2020000 ,. 837020,.$04000 .5020000 ,.5030 $00 ,$D0500 0 $ .50300$00 .0070000 $ $. 070000 $ .1020050 .0 200$00 ,.304 000 .00400 0 COMPLETE AS SHOWN ON THE PLANS AND PER CVWD STD.DWG. 13& 301A,AND TECHNICAL SPECIFICATIONS. FURNISH AND INSTALL 4-INCH BLOW-OFF ASSEMBLY,INCLUDING 13 2 EA FITTINGS,APPURTENANCES,TRENCH REPAIR,AND REPLACE LANDa CAPE$ $ ,.9010000 .4314050 ,.803 000 $ .2020000 ,. 628000,.404000 $ .6020$00,.900 00 ,0301000 $ 0 .00300$00 .2050000 $.0 0000 $ ,. 0200$00 ,.0 200$00 ,.4040 00 ,.004000 IN KIND,COMPLETE AS SHOWN ON THE PLANS AND PER CVWD STI DWG.119&301A,AND TECHNICAL SPECIFICATIONS. Page 98 BID SUMMARY-BID DATE:FEBRUARY 10,2026 LOWEST RGENTESSPgONSIVE BIDDER 2 3 4 5 6 7 DCOTO E N NMJR-OSIEEPVRMAP FROM CARNELIAN ST TO VIA VERDE ST ENGINEYEIIGEEIN N CONSTRUCTION INC VAN ENGINEERING INC RIVERCOMPANYS SIDE CONTRU NCCTION SSA CONSTRUCTION,INC ROCONSTRUCTION CORP ADWAY ENGINEERING& HILLCREST CONTRACTING, FURNISH AND INSTALL 2-INCH IRRIGATION COPPER SERVICE WITH BACKFLOW ASSEMBLY,INCLUDING TIE-IN TO EXISTING SERVICE LINE, 14 1 EA INSTALL DISTRICT-FURNISHED METER AND 19.5"x 32.25"x 12"MET�R $ .5010000 .431405$ ,.501 0% $ ,.2010000 314050,.2$1000 $ .6020$5,.100 00$,.10000 $ 00 .00200$00 .6020050 $00 0000 $ ,.2 200$00 .00 00$80 ,.2020 0 ,.002008 BOX AT NEW LOCATION,TRENCH REPAIR,COMPLETE AS SHOWN THEE PLANS AND PER CVWD STD.DWG.103&111,AND TECHNICAL SPECIFICATIONS. FURNISH AND INSTALL 1-INCH DOMESTIC COPPER SERVICE WITH BACKFLOW ASSEMBLY,INCLUDING TIE-IN TO EXISTING SERVICE LINE, 15 1 EA INSTALL DISTRICT-FURNISHED METER AND 13.25"x 20.25"x 12"ME R $ .4010000 .031403$ ,.401 00$ $ .4010000 ,. 314030,.491000 $ .7010$0,.700 50$,.70005 $ 00 .70100$00 .7010000 $70 0000 $ ,.2 200$00 .80 00$30 ,.2020 0 .801003 BOX AT NEW LOCATION,TRENCH REPAIR,COMPLETE AS SHOWN TH PLANS AND PER CVWD STD.DWG.102A&111,AND TECHNICAL SPECIFICATIONS. FURNISH AND INSTALL 2-INCH IRRIGATION COPPER SERVICE,INCLUDING 16 1 EA INSTALL DISTRICT-FURNISHED METER AND 19.5"x 32.25"x 12"METxR $ ,.0010000 .031403$ ,.001 00$ $ .6010000 ,. 314030,.691000 $ .100000 ,.70 050 ,$10000 $ 0 .80100$00 .700050 $80 0000 $ ,.9 100$50 .00 00$80 ,.9010 50 002008 BOX AT NEW LOCATION,TRENCH REPAIR,COMPLETE AS SHOWN TH PLANS AND PER CVWD STD.DWG.103,AND TECHNICAL SPECIFICATIONS. TOTAL ADDITIVE BID AMOUNT: $980,069.00 $820,015.00 $1,297,120.00 $1,326,700.00 $1,110,988.00 $2,087,000.00 $1,901,840.00 $2,098,520.00 ALTERNATE BID(NOT RECOMMENDING FOR AWARD) UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT 1 1 LS ADDITIONAL MOBILIZATION,INCLUDING CONSTRUCTION SURVEY AND $ $ $ .g 2060 - $.8022 0 .5080000 .508SOOO ,$X00010 $ 00 ,00000100,.10 W050 $.1 0050 .50 00$00 .5010 $00 .50600130 .50100$ .70 W020 00 700020 DEMOBILIZATION TO COMPLETE THE PROJECT. TOTAL ALTERNATE BID AMOUNT: $28,620.00 $85,000.00 $100,000.00 $1,500.00 $65,000.00 $15,000.00 $7,200.00 TOTAL BASE BID+TOTAL ADDITIVE BID AMOUNT: $3,862,396.50 1 $2,516,253.00 1 $2,913,728.80 1 $3,086,534.70 1 $4,417,713.05 1 $5,226,566.50 1 $5,591,514.56 1 $5,964,217.60 Page 99 qw-_00r= $ CITY OF RANCHO CUCAMONGA DATE: March 4, 2026 TO: Mayor and Members of the City Council FROM: Elisa C. Cox, City Manager INITIATED BY: Peter Castro, Deputy City Manager Maritza Martinez, Public Works Services Director Richard Favela, Streets, Storm Drains, and Fleet Superintendent Jason Martin, Streets Supervisor Paige Eberle, Management Analyst II SUBJECT: Consideration of the Cooperative Purchase of One (1) CASE Construction Model Number 590SN 4WD Tier 4 Final Front Loader and Backhoe via the Sourcewell Contract Number 011723-CNH from Sonsray Machinery in the Amount of$246,244.23. (CITY) RECOMMENDATION: Staff recommends the City Council approve the cooperative purchase of one (1) CASE Construction Model 590SN 4WD Tier 4 Final Front Loader/Backhoe from Sonsray Machinery in the amount of$246,244.23. The purchase will be made through Sourcewell Contract No. 011723- CNH and funded through the Equipment/Vehicle Replacement Fund. BACKGROUND: The Public Works Services Department (PWSD) Streets Division is responsible for maintaining the City's critical infrastructure, including roadway and sidewalk repairs and replacements. A front loader/backhoe is an essential piece of equipment used for pavement demolition and roadway repair operations, and it is also critical during emergency storm response events. Following a comprehensive evaluation of available equipment, PWSD staff recommends the purchase of the CASE Construction Model 590SN. Funding for the replacement of Backhoe Unit 2647 was included in the adopted FY 2025/26 Budget. During the research process, staff identified an existing Sourcewell contract with CASE Construction for heavy-duty construction equipment. Sourcewell is a cooperative purchasing organization that competitively solicits and awards contracts on behalf of public agencies. Utilizing this contract allows the City to streamline the procurement process, reduce administrative time and costs associated with bidding, and secure competitive pricing. ANALYSIS: Sourcewell's cooperative purchasing program eliminates the need for the City to conduct a separate bidding process while ensuring compliance with competitive procurement requirements. Through this contract, the City will receive a 28% discount on the equipment. If approved, PWSD will purchase one (1) CASE Construction Model 590SN 4WD Tier 4 Final Page 100 Front Loader/Backhoe from Sonsray Machinery. FISCAL IMPACT: The adopted FY 2025/26 Budget includes funding for the replacement of the backhoe in the Equipment/Vehicle Replacement Fund (F712 CC001 7000 SC7002). The total purchase cost of $246,244.23 is within the approved budget allocation. COUNCIL MISSION /VISION /VALUE(S) ADDRESSED: This item addresses the City Council's core values of providing and nurturing a high quality of life for all and promoting and enhancing a safe and healthy community for all. ATTACHMENTS: Attachment 1 — Sonsray Machinery Proposal Page 2 Page 101 ATTACHMENT 1 SONS _ /WE MOVE MOUNTAINS CONSTRUCTION ARIZONA CALIFORNIA NEVEDA NEW MEXICO OREGON TEXAS WASHINGTON MACHINERY 10062 Live Oak Ave.•Fontana•CA•92335 TEL:(909)355-1075 www.SonsraVMachinerV.com Ship To:Fontana Store Fontana 10062 Live Oak Ave. February 3,2026 epadilla-0339 Fontana CA 92335 BP0016572 9094772700 Invoice To:CITY OF RANCHO CUCAMONGA Purchase Order: 10500 Civic Center Drive Rancho Cucamonga CA 91730-3801 Sales Person:Evert Padilla Attention:Jason Martin EQUIPMENT QUOTE/SALES ORDER CASE 590SN 4WD TIER 4 FINAL(HYD COUPLER) Serial#:Factory Order Stock#:N.I.S. $162,496.80 CCase Construction Equipment(Sourcewell Contract Number:011723-CNH)(Contract Period:04/04/2023-04/14/2027)Specified 28%Sourcewell Discount(-$60,103.12)Has Been Applied To The Machine's List Price/MSRP($214,654.00)On This Quote To Be Presented To The City of Rancho Cucamonga(Sourcewell Participant Account#25762).Any Factory Freight Fees,Load Fees,Pre Delivery Inspection Charges,Fuel/Setup Charges,Local Delivery Fees,Additional Surcharges,Additional Items/Attachments Purchased With CASE Unit,Extended Warranties,Or Preventive Maintenance Plans Must Be Billed As Separate Line Items. 590SN 4WD TIER 4 FINAL w/Front Loader Hydraulic Coupler&Backhoe Hydraulic Coupler 3AL Turbo Charged Engine-Tier 4 Final Certified CASE Powershift'"H-Type Transmission Enclosed(2 Door Cab w/Heat and A/C) Premium Seat w/180 Deg.Swivel&Air Susp. LED Work Lights Single Joystick Loader Control Ride Control,Comfort Steer,&3 Spool Package Pilot Controls/Joystick(E-H) CASE Extendahoe—w/Thumb BHOE PERFORMANCE PKG-I-WAY OR 2WAY AUX Heavy Front Counterweight Flip Over Stabilizer Pads Cold Start Dual Battery Front Tires 14x17.5,10PR Lug Tread Rear Tires 21LX24,12PR *CASE SiteWatch'"Telematics-Includes Hardware and a 5-yr Advanced Data Subscription. *Base&Extended Limited Warranty Coverage. 1-Year/Unlimited-Hour Full-Coverage Base Limited Warranty.(Included). NOTICE TO PURCHASER spaces,even if otherwise advised. You are entitled to an exact and completely filled protect your legal rights. Store Manager signature required for final acceptance of Sales Order. THIS AGREEMENT IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE.CUSTOMER HAS HAD THE OPPORTUNITY TO READ THE TERMS OF THIS AGREEMENT PRIOR TO SIGNING. Purchaser's Signature Sales Consultant Date Print Name Date Accepted By Date Page 1 of 3 Page102 2-Year/2,000-Hour Extended Limited Engine and Drivetrain Warranty.(Included). ***Quote Expires 2/28/2026***Financing Available on Approved Credit(OAC)*** Unit Based on Availability*** ***QUOTED PRICE IS NOT GUARANTEED,AND SUBJECT TO MANUFACTURER'S PRICE INCREASES, INCLUDING ANY ADDITIONAL SURCHARGES./INTEREST RATE QUOTED IS BASED ON CURRENT RATES. INTEREST RATE IS SUBJECT TO CHANGE,BASED ON THE FINANCIAL INSTITUTION *** 83"FFC Grapple Bucket $11,674.76 Premier 60/5000 Extended Warranty $11,513.00 93"FFC 4x1 Bucket $10,952.91 Material Surcharge(Tariff Surcharge) $9,749.81 Factory Freight $6,187.50 24"Bucket $3,250.00 PDI $3,048.75 18"Bucket $2,950.00 12"Bucket $2,750.00 Delivery to Customer $1,250.00 Parts Freight $1,250.00 Incidental Shop Fees $500.00 Load Fee $500.00 Quoted Price $228,073.53 Sales Tax 7.75% $17,675.70 Processing Fee $495.00 Cash Due or Finance Amount $246,244.23 Page 2 of 3 Page103 1. This is a cash transaction.If the Purchaser so requests prior to acceptance,the Cash Due on Delivery may be financed as a time sale transaction,subject to credit approval.If this transaction becomes a time sale,Purchaser agrees(1)to make payments pursuant to the Sonsray Machinery Accounts Receivable System Agreement,which is incorporated into this Purchase Order by reference,and(2)that Seller retains a security interest in the goods described herein until all obligations of Purchaser are paid in full and discharged. 2. When trade-in equipment is not to be delivered to the Seller until delivery of the equipment purchased by this order,the trade-in equipment may be reappraised at that time and such reappraisal value shall determine the allowance made for such trade-in equipment.When the reappraised value is less than the original trade-in allowance shown on this form,the purchaser may terminate this order;however,this right of termination must be exercised prior to delivery of the equipment by Seller and surrender of the trade-in equipment to Seller. 3. The prices which Purchaser will pay for the new equipment set forth on the reverse side hereof shall be based upon the Case dealer price in effect on date of delivery of the new equipment.In the event Case dealer's price is changed prior to delivery,the purchase price shall be adjusted accordingly.If such price change results in an increase,purchaser has the option of canceling the order in writing immediately on being notified thereof. 4. The Seller shall be excused if delivery is delayed or rendered impossible by differences with workmen,strikes,work stoppages,car shortages,delays in transportation,inability to obtain labor or materials and also by any cause beyond the reasonable control of Seller, including but not restricted to acts of God,floods,fire,storms,acts of civil and military authorities,war and insurrections. 5. Purchaser shall keep the property free of all liens,taxes,encumbrances and seizure or levy,shall not use same illegally,shall not damage,abuse,misuse,abandon or lose said property,shall not part with possession thereof,whether voluntarily or involuntarily or transfer any interest therein or remove same out of the county or filing district in which Purchaser resides as indicated herein without the prior written consent of Seller,shall keep said property insured in such amounts and with such insurer as may be acceptable to Seller with any loss payable to Seller as his interest in the property may appear. 6. Time is of the essence of this contract and if purchaser fails to comply with any of the terms and conditions hereof or defaults in the payment of any installment hereunder or under any renewal or renewals hereof,or in the payment of interest or defaults in the payment of any installment due under any other indebtedness of contract held by the Seller or Assignee,or if proceedings are instituted against Purchaser under any bankruptcy or insolvency law or Purchaser makes an assignment for the benefit of creditors or if for any reason the Seller deems himself insecure and so declares all payments heretofore made by Purchaser shall be retained by the seller and all indebtedness hereunder shall become immediately due and payable,with or without notice,together with all expenses of collection by suit or otherwise,including reasonable attorney fees and Seller may,without notice or demand,take possession of the equipment set forth on the reverse hereof,or any additions to,replacements of,or any proceeds from said equipment or may render the property unusable or Seller may require Purchaser to assemble the property and make it available at a place designated by Seller.Seller may resell the retaken property at public or private Sale in accordance with the Uniform Commercial Code or applicable state or provincial law.After deducting reasonable expenses for retaking, repairing,holding,preparing for sale,other selling expenses including attorney fees and legal expenses,the remaining proceeds of Sale shall be credited upon the amount of indebtedness remaining unpaid hereunder,and Purchaser agrees to pay any deficiency upon demand by Seller, any surplus,however,shall be paid to Purchaser.Said retaking or repossession shall not be deemed rescission of the contract.Seller may exercise any other rights and remedies provided by applicable law. 7. No waivers or modifications hereof shall be valid unless written upon or attached to this contract.Waiver or conditions of any breach or default hereunder shall not constitute a waiver of any other or subsequent breach or default.Payments received by Seller are to be applied first to delinquent interest and then to principal. 8. The remedies provided for herein are not exclusive and any action to enforce payment shall not waive or affect any of the holder's rights to have recourse to the property.The transfer of this contract shall operate to pass a security interest in the property as security for the payment hereof. 9. Any provision of this contract prohibited by the laws of any state,the United States,any province of Canada,shall be ineffective to the extent of such prohibition without invalidating the remaining portions of the contract. 10. Each maker,endorser,guarantor and surety hereon severally waives presentment,demand protest,and notice of non-payment and all defenses of want of diligence in collection and bringing suit.This contract shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs,personal representative,successors,and signs. 11. Buyer authorizes Seller to insert the Serial and/or model numbers of the goods set forth on the reverse side hereof for the purposes of identifying said goods.The seller may correct patent errors herein. Page 3 of 3 Page 104 CITY OF RANCHO CUCAMONGA DATE: March 4, 2026 TO: Mayor and Members of the City Council FROM: Elisa C. Cox, City Manager INITIATED BY: Peter Castro, Deputy City Manager Maritza Martinez, Public Works Services Director Richard Favela, Streets, Storm Drains, and Fleet Superintendent Jason Martin, Streets Supervisor Paige Eberle, Management Analyst II SUBJECT: Consideration of the Cooperative Purchase of One (1) 2026 CASE Construction Model Number 651 G2 Wheel Loader via the Sourcewell Contract Number 011723-CNH from Sonsray Machinery in the Amount of$303,823.48. (CITY) RECOMMENDATION: Staff recommends the City Council approve the cooperative purchase of one (1) 2026 CASE Construction Model Number 651 G2 Wheel Loader via the Sourcewell Contract Number 011723- CNH from Sonsray Machinery for $303,823.48 to be funded from the equipment/vehicle replacement fund. BACKGROUND: The Public Works Services Department (PWSD) Streets Division maintains critical city infrastructure, including right-of-way (ROW) debris removal and asphalt repairs. A wheel loader is an essential piece of equipment, particularly during wind and rain events. Following a comprehensive review, PWSD staff recommend the purchase of the 2026 CASE Construction Model 651 G2 Wheel Loader. Funding for the replacement of Wheel Loader Unit 2646 was included in the adopted FY 2025/26 Budget. During the equipment evaluation process, staff identified an existing Sourcewell contract with CASE Construction Equipment for heavy-duty construction machinery. Sourcewell is a cooperative purchasing organization that pre-screens vendors and awards competitively solicited contracts on behalf of participating public agencies. Utilizing this contract allows the City to streamline procurement, reduce administrative time and achieve cost savings while adhering to the formal bid process requirements. ANALYSIS: Sourcewell's cooperative purchasing model simplifies the procurement process by eliminating the need for separate bidding and negotiation.Through competitively awarded contracts, participating agencies receive high-quality equipment at discounted pricing. A 29% discount has been applied to this purchase through the Sourcewell contract. Page 105 If approved, PWSD will purchase one (1) 2026 CASE Construction Model 651 G2 Wheel Loader from Sonsray Machinery. FISCAL IMPACT: The adopted FY 2025/26 Budget includes funding for the replacement of Wheel Loader Unit 2646 within the Equipment/Vehicle Replacement Fund (F712 CC001 7000 SC7002). No additional fiscal impact is anticipated. COUNCIL MISSION /VISION /VALUE(S) ADDRESSED: This item addresses the City Council's core values of providing and nurturing a high quality of life for all and promoting and enhancing a safe and healthy community for all. ATTACHMENTS: Attachment 1 — Sonsray Machinery Proposal Page 2 Page 106 ATTACHMENT 1 SONS _ /WE MOVE MQILINTAINS .lm CONSTRUCTION ARIZONA CALIFORNIA NEVEDA NEW MEXICO OREGON TEXAS WASHINGTON MACHINERY 10062 Live Oak Ave.•Fontana•CA•92335 TEL:(909)355-1075 www.SonsraVMachinerV.com Ship To:Fontana Store Fontana 10062 Live Oak Ave. January 30,2026 epadilla-0341 Fontana CA 92335 BP0016572 9094772700 Invoice To:CITY OF RANCHO CUCAMONGA Purchase Order: 10500 Civic Center Drive Rancho Cucamonga CA 91730-3801 Sales Person:Evert Padilla Attention:Jason Martin EQUIPMENT QUOTE/SALES ORDER CASE 651G2 T4F ZBAR 21`5 Serial#: Stock#:EQ0075943 $219,452.48 Case Construction Equipment(Sourcewell Contract Number:011723-CNH)(Contract Period:04/04/2023-04/14/2027)Specified 29%Sourcewell Discount(-$89,635.52)Has Been Applied To The Machine's List Price/MSRP($309,088.00)On This Quote To Be Presented To The City Of Rancho Cucamonga(Sourcewell Participant Account#25762).Any Factory Freight Fees,Load Fees,Pre Delivery Inspection Charges,Fuel/Setup Charges,Local Delivery Fees,Additional Surcharges,Additional Items/Attachments Purchased With CASE Unit,Extended Warranties,Or Preventive Maintenance Plans Must Be Billed As Separate Line Items. New 2026 CASE 651G Wheel Loader w/CNH Coupler(JRB 416) Operating Weight:30,890 lb. FTP Tier 4 Final Certified Engine(SCR) Peak Gross 172 hp @ 1800 rpm 4-Speed Transmission w/Skid Plate/Transmission Guard Enhanced Cab Comfort w/HVAC Enhanced Visibility Bundle w/Rear View Camera w Overlay Lines,Backup Alarm&Additional LED Work Lights Package Rear Object Detection White Noise Back Up Alarm AM/FM Bluetooth Radio Ride Control Standard Hydraulic Steering Adjustable EH Joystick Loader Control w 1 Aux Function Cooling System w Reversible Fan Standard Weather Package Heavy Duty Differential Lock Front/LSD Rear Tire Pressure Monitor System 20.5x25 L2 Radial Tires(3 pc rim) NOTICE TO PURCHASER spaces,even if otherwise advised. You are entitled to an exact and completely filled protect your legal rights. Store Manager signature required for final acceptance of Sales Order. THIS AGREEMENT IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE.CUSTOMER HAS HAD THE OPPORTUNITY TO READ THE TERMS OF THIS AGREEMENT PRIOR TO SIGNING. Purchaser's Signature Sales Consultant Date Print Name Date Accepted By Date Page 1 of 3 Page107 CASE ProCare-Full Machine Protection Factory Warranty(3-yr/3000-hr), Planned Maintenance(3-yr/2000-hr) CASE SiteWatch—Telematics Includes Hardware and a 5-yr Advanced Data Subscription *** MACHINE QUOTED IS SUBJECT TO AVAILABILITY*** ""INTEREST RATE QUOTED IS BASED ON CURRENT RATES. INTEREST RATE IS SUBJECT TO CHANGE,BASED ON THE FINANCIAL INSTITUTION **** ***Quote Expires 2/28/2026***Financing Available on Approved Credit(OAC)***Unit Based on Availability ***QUOTED PRICE IS NOT GUARANTEED,AND SUBJECT TO MANUFACTURER'S PRICE INCREASES, INCLUDING ANY ADDITIONAL SURCHARGES*** SONSRAY SIGNATURE SERVICE—A commitment to providing excellent service and care when you purchase a new piece of equipment from Sonsray Machinery. 3.0 YD 4X1 Bucket(1RB 416) $26,922.45 Material Surcharge(Tariff Surcharge) $11,127.17 Factory Freight $8,557.50 Premier 60/5000 Extended Warranty $8,413.00 PDI $3,538.75 Transfer Freight from Santa Fe Springs $1,750.00 Delivery to Customer $1,250.00 Load Fee $500.00 Quoted Price $281,511.35 Sales Tax 7.75% $21,817.13 Processing Fee $495.00 Cash Due or Finance Amount $303,823.48 Page 2 of 3 Page 108 1. This is a cash transaction.If the Purchaser so requests prior to acceptance,the Cash Due on Delivery may be financed as a time sale transaction,subject to credit approval.If this transaction becomes a time sale,Purchaser agrees(1)to make payments pursuant to the Sonsray Machinery Accounts Receivable System Agreement,which is incorporated into this Purchase Order by reference,and(2)that Seller retains a security interest in the goods described herein until all obligations of Purchaser are paid in full and discharged. 2. When trade-in equipment is not to be delivered to the Seller until delivery of the equipment purchased by this order,the trade-in equipment may be reappraised at that time and such reappraisal value shall determine the allowance made for such trade-in equipment.When the reappraised value is less than the original trade-in allowance shown on this form,the purchaser may terminate this order;however,this right of termination must be exercised prior to delivery of the equipment by Seller and surrender of the trade-in equipment to Seller. 3. The prices which Purchaser will pay for the new equipment set forth on the reverse side hereof shall be based upon the Case dealer price in effect on date of delivery of the new equipment.In the event Case dealer's price is changed prior to delivery,the purchase price shall be adjusted accordingly.If such price change results in an increase,purchaser has the option of canceling the order in writing immediately on being notified thereof. 4. The Seller shall be excused if delivery is delayed or rendered impossible by differences with workmen,strikes,work stoppages,car shortages,delays in transportation,inability to obtain labor or materials and also by any cause beyond the reasonable control of Seller, including but not restricted to acts of God,floods,fire,storms,acts of civil and military authorities,war and insurrections. 5. Purchaser shall keep the property free of all liens,taxes,encumbrances and seizure or levy,shall not use same illegally,shall not damage,abuse,misuse,abandon or lose said property,shall not part with possession thereof,whether voluntarily or involuntarily or transfer any interest therein or remove same out of the county or filing district in which Purchaser resides as indicated herein without the prior written consent of Seller,shall keep said property insured in such amounts and with such insurer as may be acceptable to Seller with any loss payable to Seller as his interest in the property may appear. 6. Time is of the essence of this contract and if purchaser fails to comply with any of the terms and conditions hereof or defaults in the payment of any installment hereunder or under any renewal or renewals hereof,or in the payment of interest or defaults in the payment of any installment due under any other indebtedness of contract held by the Seller or Assignee,or if proceedings are instituted against Purchaser under any bankruptcy or insolvency law or Purchaser makes an assignment for the benefit of creditors or if for any reason the Seller deems himself insecure and so declares all payments heretofore made by Purchaser shall be retained by the seller and all indebtedness hereunder shall become immediately due and payable,with or without notice,together with all expenses of collection by suit or otherwise,including reasonable attorney fees and Seller may,without notice or demand,take possession of the equipment set forth on the reverse hereof,or any additions to,replacements of,or any proceeds from said equipment or may render the property unusable or Seller may require Purchaser to assemble the property and make it available at a place designated by Seller.Seller may resell the retaken property at public or private Sale in accordance with the Uniform Commercial Code or applicable state or provincial law.After deducting reasonable expenses for retaking, repairing,holding,preparing for sale,other selling expenses including attorney fees and legal expenses,the remaining proceeds of Sale shall be credited upon the amount of indebtedness remaining unpaid hereunder,and Purchaser agrees to pay any deficiency upon demand by Seller, any surplus,however,shall be paid to Purchaser.Said retaking or repossession shall not be deemed rescission of the contract.Seller may exercise any other rights and remedies provided by applicable law. 7. No waivers or modifications hereof shall be valid unless written upon or attached to this contract.Waiver or conditions of any breach or default hereunder shall not constitute a waiver of any other or subsequent breach or default.Payments received by Seller are to be applied first to delinquent interest and then to principal. 8. The remedies provided for herein are not exclusive and any action to enforce payment shall not waive or affect any of the holder's rights to have recourse to the property.The transfer of this contract shall operate to pass a security interest in the property as security for the payment hereof. 9. Any provision of this contract prohibited by the laws of any state,the United States,any province of Canada,shall be ineffective to the extent of such prohibition without invalidating the remaining portions of the contract. 10. Each maker,endorser,guarantor and surety hereon severally waives presentment,demand protest,and notice of non-payment and all defenses of want of diligence in collection and bringing suit.This contract shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs,personal representative,successors,and signs. 11. Buyer authorizes Seller to insert the Serial and/or model numbers of the goods set forth on the reverse side hereof for the purposes of identifying said goods.The seller may correct patent errors herein. Page 3 of 3 Page 109 qw-_00r= $ CITY OF RANCHO CUCAMONGA DATE: March 4, 2026 TO: Mayor and Members of the City Council FROM: Elisa C. Cox, City Manager INITIATED BY: Peter Castro, Deputy City Manager Jason Welday, Director of Engineering Services SUBJECT: Consideration of a Sixth Amendment to the Disposition and Development Agreement Between the City of Rancho Cucamonga, San Bernardino County Transportation Authority (SBCTA) and DesertXpress Enterprises, LLC, dba Brightline West ( BLW) for a Portion of Property Located at the Northwest Corner of Milliken Avenue and Azusa Court, Including Revised Site Plan, Grant Deed, and Easements Across Portions of Right-Of-Way on 8th Street, Milliken Avenue, and the Cucamonga Station Property, for the Development of a High Speed Rail Station and Track at the Cucamonga Station in Rancho Cucamonga; and Conditions, Covenants, Restrictions, and Easements Between the City, SBCTA, and BLW Applicable to Each Entity's Property Interests; An Environmental Assessment for the High Speed Rail Project, Including the Rancho Cucamonga Station, was Prepared by the Federal Railroad Administration. (CITY) RECOMMENDATION: Staff recommends the City Council authorize the City Manager to approve the Sixth Amendment to the Disposition and Development Agreement between the City of Rancho Cucamonga (City), San Bernardino County Transportation Agency (SBCTA) and DesertExpress Enterprises, LLC, dba Brightline West(BLW)for a portion of property located at the northwest corner of Milliken Avenue and Azusa Court, including Revised Site Plan, Grant Deed, and Easements Across Portions of Right-Of-Way on 8th Street, Milliken Avenue, and the Cucamonga Station Property, for the development of a high speed rail station and track at Cucamonga Station in Rancho Cucamonga's Haven-Arrow-Rochester Transit (HART) District; and Conditions, Covenants, Restrictions, and Easements Between the City, SBCTA, and BLW applicable to each entity's property interests. Further, staff recommends the City Council authorize the City Manager to make modifications to the Disposition and Development Agreement; Conditions, Covenants, Restrictions; and Easements, and other easements referenced above provided that such modifications do not increase costs to the City or change the development plan for the site. BACKGROUND: The City of Rancho Cucamonga has been working with BLW and SBCTA since 2020 to bring high-speed passenger rail from Las Vegas, Nevada to Rancho Cucamonga, California. This first- in-the-nation 218-mile high-speed passenger rail line (over 186 mph) will begin/end in Las Vegas Page 110 Nevada near the west end of the city, parallel to the 15-freeway corridor,with stops in Apple Valley and Hesperia before reaching its other beginning/end at Cucamonga Station in the HART District of Rancho Cucamonga. BLW's station at Cucamonga Station is expected to be approximately 80,000 square feet with over 5,000 parking spaces for Brightline and Metrolink customers. BLW, which currently operates a private higher speed (but not "high-speed") commuter rail system in Florida, obtained all necessary approvals from the States of Nevada and California to locate in the freeway right-of-way, as well as the Federal Government Federal Railroad Administration for the appropriate National Environmental Protection Act (NEPA) review and approval. Expected top speed of the zero-emission all electric train sets is between 186 mph and 200 mph and the entire trip should take approximately 2 hours. In Las Vegas, the train station will be adjacent to The Strip and Interstate 15. In Rancho Cucamonga, the train station will be collocated with the existing Cucamonga Station for Metrolink (Los Angeles to San Bernardino) and with a transfer BLW passengers will have access to anywhere along the Metrolink line, including to downtown Redlands or Los Angeles, as well as direct access to Ontario International Airport and Victoria Gardens through the West Valley Connector. Along with the train line, BLW will construct all stations including related parking facilities and terminal amenities. BLW's project is expected to generate more than $10 billion in economic impact across the two states, with over 35,000 construction jobs and 1,000 permanent jobs. The trains are fully electric with overhead catenary lines that use most of the power from emissions-free sources and are built by Siemens here in the United States. Those same trains will remove over 400,000 tons of CO2 per year and reduce vehicle miles traveled by over 700,000,000 per year. At the same time, BLW together with Caltrans and the California Department of Fish and Wildlife will design and construct three wildlife crossings over the 15 freeway while improving more than 600 existing culverts and large-scale under-crossings of the I-15 corridor. The BLW line will be among the safest in the United States with zero at-grade crossings, extensive safeguards to prevent trespassing in the 1-15 median, use of the European Train Control System which has an impeccable international high speed rail safety record, and grade separated crossovers for first responders and maintenance workers. Presently, approximately 50 million one-way trips are made annually between these two destinations with 85% of them by car or bus. Those trips can take anywhere from 4 to 6 hours depending upon traffic conditions. At full operations, Brightline West expects to attract approximately 22% of the market or up to 11 million one-way trips each year. Rancho Cucamonga expects to see approximately 4 to 6 million passengers through its station when the line opens in 2029 and as many as 10 to 11 million by the time ridership stabilizes in years 7 to 9. This will provide a significant reduction in GHG to both California and Nevada and improve the transportation experience for both freight and passengers who continue using the 15 freeway, thus benefiting SBCTA. The higher-amenity train experience residents and tourists have come to expect (and love) in South Florida will be offered along this route as well, including but not limited to free onboard Wi-Fi, full ADA accessibility from station to train, a wide selection of food and beverage, checked luggage and hotel check-in services. Sale of Station Property under the Disposition and Development Agreement("DDA') To facilitate the project noted above, in October of 2022 the City and SBCTA approved a Disposition and Development Agreement(DDA)with BLW for a portion of the Cucamonga Station property to be developed as a High-Speed Railroad Station and related track which would be the origin/terminus of a high-speed rail system with Las Vegas. Specifically, the DDA involves a site located at Cucamonga Station in the HART District that is a portion of the existing Cucamonga Station parking lot jointly owned by the City and SBCTA, located on the easterly side of the Page 2 Page 111 Cucamonga Station, together with a small area of San Gabriel Subdivision right of way owned by SBCTA. In addition to the DDA's approval, the City Council has separately approved Conditions, Covenants, Restrictions, and Easements Between the City, SBCTA, and BLW, applicable to each entity's property interests. Key points of the original DDA are: • Under the DDA, the City and SBCTA will sell approximately 5 acres of the eastern half of the Station Property to BLW for their station and parking structure (plus additional easements). The sale price will reflect fair market value as determined by an appraisal conducted between three and six months prior to the closing date. The revenue generated by the sale will be distributed evenly between the City and SBCTA and is expected to be used by SBCTA to improve the parking and train station on site and by the City of Rancho Cucamonga for economic development purposes to defray the local public safety and infrastructure impacts of the overall project. BLW is responsible for all closing costs. • BLW cannot close on the property until it has provided the City a project construction budget, evidence of sufficient financing sources, and a construction contract, among other conditions. The purpose of these conditions is to verify that BLW has the necessary resources to timely construct the high-speed rail station before the City and SBCTA sell the property to BLW. Closing must occur before December 31, 2025. As discussed below, BLW has requested a modification to the closing condition that requires BLW to submit evidence of all required governmental approvals prior to closing as well as extending the outside closing date for the sale. • As a condition of the sale, BLW will be required to construct and operate a high-speed rail station, including a parking structure, on the property. BLW must comply with a schedule of performance to ensure that the proposed station is built in a timely manner. The schedule of performance requires BLW to: (1) commence construction no later than three years after closing; (2) complete the station within seven years after closing; and (3) commence operation of the high-speed rail line within 18 months after completion of the station. If BLW does not comply with these milestones (subject to force majeure delays), the City and SBCTA will have a "reversionary" right to re-acquire the property from Brightline. • Under the DDA, the City and SBCTA would have retained ownership of an approximately 66,340 square foot (1.5 acre), eight-foot high, area on the ground floor of the high-speed rail station parking structure for an additional 194 spaces dedicated to Metrolink customer parking in addition to the existing 325 spaces that will remain in the western Metrolink lot plus the reconfigured 105 spaces that will remain on the east side of the existing bus loop. This section is the main subject of the proposed fifth amendment and has changed in the new DDA. As discussed below, the area being retained on the ground floor of the high- speed rail station parking structure will be approximately 122,889 square feet (2.8 acres) under the revised plan included in the proposed DDA amendment. • Until BLW begins construction, the site will continue to be used for Metrolink customer parking. • The DDA includes a site plan along with detailed property descriptions. Page 3 Page 112 • The DDA reserved an easement beneath the southwest corner of the high-speed rail station property to allow for SBCTA's future tunnel project to the Ontario International Airport. While the tunnel project is a project fully under the control of SBCTA, the City is and anticipates cooperating with SBCTA on the relevant details to bring the project to fruition. This section is a subject of the proposed fifth amendment and may change with the final design for the tunnel. As discussed below, the ONT Connector project as originally envisioned has been cancelled by SBCTA and all references to the tunnel and related easements are proposed to be removed from the DDA and CCRs. • An Inspector of Record Process is included in the DDA. Although the jurisdiction of the federal Surface Transportation Board preempts local permitting including building permits, the Project will conform to the substantive provisions of the City's technical codes and grading standards. Both parties will mutually agree on several qualified firms who can provide plan check and inspection services. The firm selected by BLW will be the Inspector of Record. City inspectors are allowed to enter the property and inspect construction. Final determination of any concerns will reside with the Inspector of Record. The exception is that the Rancho Cucamonga Fire Protection District retains the right to review and approve plans and conduct inspections in accordance with all project improvements related to safety. This section was previously amended to provide that the City and SBCTA have approval rights with respect to modification, alteration, construction, or reconstruction of facilities under the current or future ownership or exclusive operation of the City and/or SBCTA. Both parties have agreed upon an expedited review process to meet the schedule, at the developers' cost. The fourth amendment also provided a process for the City's independent review and approval of public improvements. In addition to the Station Property, the City and/or SBCTA will convey the following real property interests to BLW for its high-speed rail system: • The City will convey an easement along 8th Street between the Station Property eastward to approximately Rochester Avenue for elevated rail tracks (the "8th Street Easement"). • The City will convey an easement over a portion of the Station Property's parking lot adjacent to Milliken Avenue for BLW's parking structure ramp and driveway (the Milliken Easement"). This easement is setback 20 feet from Milliken to preserve space for a future widening of the street. A driveway will connect Milliken to the high-speed rail station. • The City and SBCTA will convey an easement across the northwestern portion of the Station Property to Brightline for elevated rail tracks (the "Aerial Easement"). The Aerial Easement will be for aerial platform improvements supported by columns, over property owned jointly by the City and SBCTA. This easement area is approximately 0.74 acres generally with a sixteen (16) foot clearance between the ground and the aerial easement area. The Aerial Easement provides BLW with non-exclusive access rights across the property jointly owned by SBCTA and the City to get to the Aerial Easement area and defers to future right of entry agreements any need for rights above and beyond access for use of the underlying City/SBCTA property for performing maintenance or repairs to the aerial platform. Performance provisions under the Aerial Easement have been modeled after the main DDA in terms of time. Page 4 Page 113 • SBCTA will convey a fee interest in a strip of land (San Gabriel Subdivision or SGS) to Brightline on the northern portion of the Station Property. Terms of this conveyance are the same as the DDA's conveyance of the jointly owned property noted above. The original DDA has been amended five times since its approval in October 2022, most recently in December 2025. The first three amendments extended BLW's due diligence period. The fourth amendment updated the station site plan to incorporate revised circulation and parking arrangements, amended the legal descriptions for the Station Property and the easements to reflect the revised station site plan. All the real property interests noted above will still be sold to Brightline at their appraised fair market value. The fifth amendment was authorized by the City Council on July 16, 2025, and included many of the revisions included in this proposed Sixth Amendment. However, BLW made additional changes to the project and the schedule after the City Council approval of the Fifth Amendment which resulted in a need to further amend both the DDA and the CC&Rs. As a result, the Fifth Amendment was not executed as previously considered by City Council and was executed in limited form in December 2025 to provide for an extension of the outside closing date to March 5, 2026, to allow more time to address the remaining issues. These issues are now addressed in the proposed Sixth Amendment to the DDA. ANALYSIS: As mentioned above, the changes to the DDA were not incorporated into the final Fifth Amendment and have since been incorporated as modified to date in the proposed Sixth Amendment. Key changes to the DDA include: • The site plan has been modified to expand the ground floor area reserved by the City and SBCTA to approximately 122,889 square feet (2.8 acres) allowing for increased covered parking for Metrolink riders. Further the new site plan incorporates a pick-up and drop off area within the Transit Center along with a modified bus loop, both of which will be constructed by BLW. The City and SBCTA will retain fee interest for both the pick-up and drop-off area along with the bus loop but will grant an easement to BLW to operate and maintain the pick-up and drop-off area. Finally, the site plans have been modified to accommodate fire access. • Phasing plans for the project have been incorporated into the DDA through the proposed amendment allowing for a better mutual understanding of the phasing of work at the site. • As mentioned above, all references to the Tunnel Easement have been removed following SBCTA's cancellation of the ONT Connector project and at the request of SBCTA. • The Grant Deed and all associated legal descriptions have been modified to address the changes to the site plan and elimination of the Tunnel Easement. • The CC&Rs have been revised to address various operational changes related to operation and maintenance of the pick-up and drop-off area, share of costs related to this operation and maintenance, and other aspects related to the changes in site plan and utility easements. • Minor modifications have been made to terms related to access, traffic signal Page 5 Page 114 improvements, and Metrolink parking availability. • Closing requirements have been modified to address permits or other approvals that are not feasible to be obtained prior to the closing of the sale. BLW may defer receipt of minor and ministerial permits listed in the DDA. However, a deposit of$2M shall be made into escrow by BLW prior to closing and will not be released until these permits and approvals are obtained. • Under the amendment, construction would be allowed to begin within the City's right- of-way or at the Station property prior to closing under a right-of-entry permit issued by the City Engineer which permit has been issued. • The outside closing date for the sale has been modified to June 30, 2026. • The City and SBCTA would grant a utility easement for sewer and water pipelines to serve BLW's station through the pick-up and drop-off area. • The City and SBCTA would agree to issue or amend existing utility easements to address relocations without and around the site. Additionally, minor modifications and clean up language for the various easements, closing conditions, and infrastructure changes have been made. • BLW is responsible for compensating the City and SBCTA for the temporary use of other areas of the Station's parking lot during construction. These temporary construction easements would be valued at fair market value rent. Under the proposed 6th Amendment, however, BLW would be exempt from paying up to $600,000 in rent during such time it is actively constructing the new bus loop and pick- up-drop-off areas because these are shared facilities. • Minimum Parking. This section is amended for reduction in the absolute minimum number of parking spaces provided during construction from 400 to 325. Pending data from traffic counts to be taken in fall of 2025 and spring of 2026, this number may be further lowered; however, if there is an increased demand, BLW must provide a parking plan that provides for any delta between the available parking within walking distance, but no more than 1,000 feet, of the Transit Center or offsite parking with shuttle service. FISCAL IMPACT: This item has no financial impact on the adopted Budget for Fiscal Year 2025/26. Proceeds from the sale of the property jointly held by the City and SBCTA will be split between the City and SBCTA, less any escrow costs apportioned to the seller in the transaction. The City's share will be used for economic development efforts to offset the fiscal purposes to defray the local public safety and infrastructure impacts of the overall project. COUNCIL MISSION /VISION /VALUE(S) ADDRESSED: Through the construction of a unique west coast multi-modal transit facility that links commuter rail with high-speed rail with the Ontario International Airport thereby reducing GHG and congestion while improving the transit experience, this project aligns with and helps advance City Council values to intentionally anticipate and embrace the future, relentlessly pursue Page 6 Page 115 improvement and promote a safe and healthy community. ATTACHMENTS: Attachment 1 — DDA Sixth Amendment Attachment 2 — Updated CC&Rs Page 7 Page 116 SIXTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT THIS SIXTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT ("Amendment") is entered into as of March , 2026, by and among CITY OF RANCHO CUCAMONGA, a California municipal corporation ("City"), SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a public entity ("SBCTA"; City and SBCTA, collectively, "Seller"), and DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company d/b/a Brightline West("Developer"). RECITALS A. Developer and Seller are parties to that certain Disposition and Development Agreement dated as of October 5, 2022 ("Original Agreement"), as amended by that certain First Amendment to Disposition and Development Agreement dated as of February 2, 2023 ("First Amendment"), that certain Second Amendment to Disposition and Development Agreement dated as of March 6, 2023 ("Second Amendment"),that certain Third Amendment to Disposition and Development Agreement dated as of March 30,2023 ("Third Amendment"), and that certain Fourth Amendment to Disposition and Development Agreement dated as of November 14, 2024 ("Fourth Amendment"), and that certain Fifth Amendment to Disposition and Development Agreement dated as of December 19, 2025 ("Fifth Amendment" and together with the Original Agreement,First Amendment, Second Amendment,Third Amendment,Fourth Amendment,Fifth Amendment, and this Amendment, collectively the "DDA"), pursuant to which Developer agreed to develop a train station and related infrastructure located in Rancho Cucamonga, California ("Property"), as more particularly described in the DDA. B. All capitalized terms used but not defined herein shall have the meanings ascribed such terms in the DDA. C. The parties desire to amend the DDA upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Seller and Developer agree as follows: AGREEMENT 1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Site Plan. The Site Plan previously attached to the DDA as Exhibit "C" (as modified by the Fourth Amendment)is hereby deleted in its entirety and replaced with the revised Site Plan attached hereto as Exhibit "C-1", which is hereby incorporated into the DDA by this reference. The revised Site Plan reflects, among other modifications, an updated passenger pick- up and drop-off area ("PUDO") within the Transit Center, a modified bus loop ("Bus Loop"), a revised Station Property and Reserved Property, reconfigured Metrolink parking both within the Transit Center and under the Station Property, and a revised configuration of service-related infrastructure within the Milliken Triangle Easement to accommodate fire access as requested by 4935-5599-2377.12 378683.00002/ Page 117 the Rancho Cucamonga Fire Protection District("Fire District"). Construction phasing plans are attached hereto as Exhibit "C-2", which delineate construction phasing to maintain uninterrupted Metrolink operations ("Phasing Plans"); provided, however, the availability of the Milliken Site for parking is subject to the terms of the revised CC&Rs attached hereto as Schedule 1. 3. Tunnel Easement References. The parties agree that the Tunnel Easement shall no longer be required or provided. Accordingly, all references in the DDA(including in any exhibits or attachments thereto) to the "Tunnel Easement" are hereby deleted and shall be of no further force or effect. 4. Grant Deed. The Grant Deed attached as Exhibit "D" to the DDA (as modified by the Fourth Amendment) is hereby deleted and replaced in its entirety with the new Grant Deed attached hereto as Exhibit"D",which revised Grant Deed is hereby incorporated into the DDA. 5. Revised Legal Descriptions. The legal descriptions previously included as Exhibit "A-3"through Exhibit "A-7", inclusive, (as modified by the Fourth Amendment) to the DDA are hereby deleted in their entirety and replaced with the revised Exhibit "A-3" through Exhibit "A- 8" attached hereto.. The depiction of the DXE Property in Exhibit"D2" to the Milliken Triangle Easement,which is Exhibit"G"to the DDA, is hereby deleted in its entirety and replaced with the revised Exhibit"D2" attached hereto. 6. Construction, Operation, and Maintenance of PUDO and Bus Loop. Developer shall, at its sole cost and expense, construct the reconfigured PUDO and the modified Bus Loop as part of its construction of the Improvements under the DDA. Following completion and acceptance of the Bus Loop improvements by the City and/or SBCTA, the City or SBCTA, as applicable, shall be solely responsible for the operation and maintenance of the Bus Loop. The operation and maintenance of the PUDO is addressed in the CC&Rs recorded against the Station Property, the Reserved Property and the PUDO. 7. Revised CC&Rs. The parties acknowledge and agree that they previously reviewed and mutually approved the form of the CC&Rs. Notwithstanding the foregoing, the parties have subsequently revised the form of the CC&Rs, and such revised form shall supersede and replace the previously approved CC&Rs for all purposes under the DDA. A complete copy of the revised CC&Rs is attached to this Amendment as Schedule 1 and is hereby incorporated by reference into the DDA. From and after the date hereof, all references in the Agreement to the CC&Rs shall be deemed to refer to the revised CC&Rs attached hereto as Schedule 1. 8. Access and Traffic Signal Improvements. The intersection of Anaheim Place and Azusa Court shall be designed for 2-way stop and a future traffic signal. The initial construction shall include full buildout of the intersection,including conduit/raceway for the future traffic signal and space for the future poles and support infrastructure. The parties have separately agreed to a process for developing a traffic signal in the revised CC&Rs. 9. Metrolink Parking Availability. Developer shall use commercially reasonable efforts to deliver covered Metrolink parking spaces within the Reserved Property as early as reasonably feasible in the construction process, with the goal of providing Metrolink parking 4935-5599-2377.12 378683.00002/ -2- Page 118 availability prior to full completion of the Improvements. The City shall reasonably cooperate with Developer to facilitate such early availability to the extent possible. 10. Modified Closing Conditions. The following Seller Condition to Close of Escrow in Section 2.5 of the DDA are hereby modified as follows: "2.5.1 All governmental permits, licenses, and approvals for the development and construction of the Project shall have been issued except for any (i) standard or routine permits, licenses and approvals listed in Schedule 2 attached hereto, (ii)Fire District permits which require 100% construction drawings, or (iii) offsite permits from the City within the public right of way; provided, however, with respect to the foregoing two exceptions, construction drawings with respect thereto shall be 60% designed and Developer will incorporate City/SBCTA's reasonable comments(or all comments from the Fire District)into the 100%drawings for City/SBCTA's final approval, and NEPA shall have been complied with respect to such permits, licenses, and approvals,as applicable,all as shown by evidence delivered to Seller that is reasonably satisfactory to City/SBCTA. Additionally, Developer shall fund an additional $2,000,000 holdback payment at the Closing,which shall be held by Escrow until Developer obtains such(a) City fire department permits, (b) offsite permits from the City within the public right of way, and(c) Seller's and each applicable third-party utility owner's approval of plans for the utility relocations and site reconfiguration of the Adjacent Property to accommodate the Project." 11. Early Construction. Developer shall have the right to commence early construction activities prior to the Closing as shown on and consistent with the Phasing Plans, which entry shall be pursuant to the terms and conditions of a separate right of entry permit as agreed and signed by the parties. 12. Outside Closing Date. Section 2.3 of the Original Agreement is hereby deleted in its entirety and replaces with the following: "Opening and Closing of Escrow. Within five (5) business days after the Date this Agreement is executed by the Seller and delivered to Developer,the Seller and the Developer shall cause an escrow ("Escrow") to be opened with Escrow Holder for the sale of the Property by the Seller to Developer. The Parties shall deposit with Escrow Holder a fully executed duplicate original of this Agreement as the escrow instructions for the Escrow and Developer shall wire the Deposit to Escrow Holder. The Seller and Developer shall provide such additional instructions as shall be necessary and consistent with this Agreement. Provided that each of the conditions to closing described below shall have been satisfied, Escrow shall close ("Close of Escrow" or "Closing") on or before June 30, 2026. If the Close of Escrow does not occur by such date, any Party not then in default may terminate this Agreement by written notice to the other and all the funds and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be,by Escrow Agent to the depositing Party, except that all escrow and title cancellation fees shall be paid by the Party or Parties in default." 13. Pipeline and Sewer Easement. In addition to the interests described in Section 2.1 of the DDA, Seller agrees to sell to Developer, and Developer agrees to purchase from Seller, an 4935-5599-2377.12 378683.00002/ -3- Page 119 easement for water pipeline and sewer purposes in the form attached to this Amendment as Exhibit"J"("Pipeline Easement'). The Pipeline Easement shall constitute an"Easement" for all purposes of the Agreement,and the definition of"Easements"in the Agreement is hereby amended to include the Pipeline Easement. Seller and Developer shall execute, acknowledge and deliver the Pipeline Easement, and shall cause the same to be recorded concurrently with the Close of Escrow. The fair market value of the Pipeline Easement shall be appraised and paid as part of the Purchase Price. 14. Utility Easements. The parties acknowledge and agree that certain existing utility facilities and related easements affecting the Property(the"Existing Easements")were previously granted and installed and must be relocated in connection with the development of the Property. No compensation or other consideration shall be owing with respect to the relocation,amendment, replacement, or reconveyance of any Existing Easements, and Seller, as applicable, shall execute and deliver all consents, easement documents, conveyances, quitclaims/reconveyances, and other instruments reasonably required by such utility, Developer, or the applicable governmental authority to effectuate such relocation. The parties further acknowledge and agree that, in addition to the relocation of the Existing Easements, three (3) new crossing easements (not relocations), in favor of Southern California Edison, the locations of which are generally shown on Schedule 3 attached hereto(the"New SCE Easements"),will be required in connection with the development of the Project,which New SCE Easements shall be granted to SCE by SBCTA and/or the City, as applicable, in a form reasonably acceptable to SBCTA, and/or the City, as applicable. The fair market value of the New SCE Easements shall be appraised and paid as part of the Purchase Price payable to SBCTA and/or City. Additionally, Developer and SBCTA also negotiated for a one- time right of SBCTA to require Developer to modify utility lines to facilitate future right of way needs, a copy of which will be recorded against the Station Property at the Closing. The City, Developer and SCE already negotiated a separate joint use agreement addressing the relocations of such utility lines within City right of way. 15. Full Force and Effect. This Amendment, together with the DDA, as previously amended, constitutes the entire agreement between Seller and Developer regarding the matters set forth herein or therein, and supersedes any and all prior and/or contemporaneous oral or written negotiations, agreements or understandings. Except as otherwise specifically provided herein,the DDA shall remain unmodified and shall continue in full force and effect. 16. Counterparts; Execution by Electronic Means. This Amendment may be signed by the parties in two or more counterparts which, including the execution and transmission via electronic means without the need to exchange original signatures, when taken together, shall constitute one and the same instrument and shall have the same force and effect as if the originally executed copies of this Amendment were delivered to all parties. [SIGNATURES ON FOLLOWING PAGE] 4935-5599-2377.12 378683.00002/ -4- Page 120 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first above written. SELLER: DEVELOPER: DESERTXPRESS ENTERPRISES, LLC, CITY OF RANCHO CUCAMONGA, a Nevada limited liability company a California municipal corporation By: By: Name: Name: Title: Title: APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a public entity By: Name: Title: APPROVED AS TO LEGAL FORM: 4935-5599-2377.12 378683.00002/ -5- Page 121 EXHIBITS "A-3" — "A-8" CITY/SBCTA PROPERTY E4BIB1FT'A-3' Legal DescAption of the Cityi SBCTA Property APN: 0209-272-11,& 0209-2 72-?2 That portion of Parcel 15 of Parcel Map No_ 14647, in the City of Rancho Cuc amonga, County of San Bernardino,State of California,filed in Book 177,pages 90 through 96, inelusrx-of Parcel IVIaps,in the Office of the County Recorder of said County. together %�itli a portion of the land described as Rancho Cucamonga Metrolink Station Phase L in the Gram Deed recorded October 06. 1994.. as Donunent No. 1994-0409793_ of Official Records of said County, described as follows: Parcel"A"' Commencing at the northeast corner of Section 13.. of Township I SoutL lie 7 West, San Bernardino Meridian as shag.on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29'50"East 50.OD feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation line South 89"43'55 West 30.00 feet to the northeasterly comer of said Rancho Cucanmga I'Ietrolink Station Phase I; Thence continuing along said northerly line South 89'43-55'West 12.83 feet to the Point of Beginning-, Thence South 00'00'00'East 568.51 feet to the southeasterly line of Parcel 15 per said Parcel N1ap; Thence along said southeasterly line South 46�46'4T'Vilest 2.3.71 feet to the southerly line of said Parcel 15: Thence along said southerly line South 89°36'2.4"West 269.11 feet to the beginning of a tangent crux, concave northeasterly-having a radius of 11 TOD feet; Thence northwesterly,along said=e_being the sonthwesberly line of said Parcel 15_ t1uDugh a central angle of 2.9¢43'4Y'an arc length of 60.71 feet; 4935-5599-2377.12 EXHIBITS "A-3"-"A-8" 378683.00002/ -I- Page 122 Thence leaving said southwesterly line North 001 10'37" West 569.98 feet to said northerly line of the Rancho Cucamonga Metroliink Station Phase I: Thence along said northerly lure North 89143'55 East 3 46.2 6 feet to the Point of Beginning; Excepting therefrom that portion of the land described below. as Parcel "B". Parcel "B" (exception area) That eight-foot-high portion of real property depicted on Exhibit A-8 attached hereto. Commencing at the northeast coiner of Section 13. of Township 1 South. Range 7 West. San Bernardino Meridian. as show on said Parcel Map; Thence along the easterly line of said Section 13, South 00029'50"East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I: Thence along said easterly prolongation line South 891143'55 Nest 3 0.00 feet to the northeasterly coiner of said Rancho Cucamonga Metroliink Station Phase I; Thence continuing along said northerly line South 89114355 West 12.83 feet; Thence leavine said easterly prolongation line and northerly line South 00100'00"East 123.77 feet: Thence North 901100'00"Test 11.14 feet to the Point of Beginning; Thence South 001100'00" East 139.00 feet. Thence North 90100'00" West 15.75 feet: Thence South 00100`00" East 34.50 feet: Thence South 89153`05" East 15.75 feet: Thence South 001100'00" East 258.88 feet; Thence North 901100'00" West 16.42 feet; Thence South 00100`00" East 12.08 feet: 4935-5599-2377.12 EXHIBITS "A-3"—"A-8" 378683.00002/ -2- Page 123 Thence North 90100'00"West 201.25 feet; Thence North 00100'00" East 13.41 feet: Thence North 891153'05"Nest 28.33 feet: Thence North 00100'00"West 180.28 feet; Thence North 90100'00"West 62.00 feet; Thence North 00100'00"West 250.75 feet; Thence North 90100'00" East 61.42 feet to a point hereinafter refeiTed to as Point "A"; Thence leaving said Point"A"North 90 0 00'00" East 159.64 feet to a point hereinafter referred to as Point 111311; Thence leaving said Point"B"North 90°00'00"' East 86.94 feet to the Point of Beginning; Excepting from Parcel B that eight-foot-high portion of the real property depicted on Exhibits A-8 attached hereto. Excepting therefrom that portion of the land described below. as Parcel "C" and Parcel"D" Parcel"C" Commencing at the above-described Point "A" Thence leaving said Point"A" South 00 00°00" West 7.42 feet to the Point of Beginning; Thence North 90000'00" East 25.17 feet: Thence South 00106'55"West 15.26 feet: Thence North 89153'05"West 25.14 feet; Thence North 00000'00" East 15.21 feet to the Paint of Beginning; 4935-5599-2377.12 EXHIBITS "A-3"—"A-8" 378683.00002/ -3- Page 124 'tea AND Parcel "D" Commencing at the above-described Point "B", Thence leaving said Point"B" South 00000'00" Nest 7.42 feet to the Point of Beginning; Thence North 901100'00" East 32.61 feet: Thence South 00100'00" East t5.32 feet; Thence North 89153'O5"West 32.64 feet; Thence North 00106'55" East 15.25 feet to the Point of Beginning: Parcel A (Gross Area) contains 201,607 square feet. 117ore or less, Parcel B (Excepted Area) contains approximately 122.889 square feet. more or less, and eight feet in height. See Exhibits `A-3°, `A-4', `A-51. `A-6'. `A-7', and `A-S' attached hereto and wade a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700). LAAOp Signature;7� L 1� Sean M. Smith Sean TY1. Smith. PLS $233 Date: 7/21/2025 No. 8253 4935-5599-2377.12 EXHIBITS "A-3"—"A-8" 378683.00002/ -4- Page125 EXHIBIT 'A-4' APN TYPE OF ESTATE AREA 0209-272-11 & FEE TOTAL: NIA 0209-272-22 A T&.SF RR APN, 0209-14,E-21 Rf 4V ��Rf W - APN: 0209-272-11 PARCEL A SEE SHEET 2 — w SEC 3 / PARCEL C AAF?CEL D T. IS. R.. 7W. �/ I 1 � S B.M. U APN: 0209-272-22 PARCEL MAP NO, 14647 � P�119. 177/�J-fib a l 1 k 1 PARCEL B SEE SHEE T 3 — ;� I I SHEET INDEX _ C1 LY OF RANCHO CUCAMONGA AZUSA COURT COUNLY OF SAN BERNARDINO THIS FLA T WAS PREPARED LEGEND UNDER MY DIREC77ON SEAN M. SMITH Indicates area t0 be degcrobed * No_ 8233 I'OC Point of Commencement 7{2112O2v1 4 POL1 Paint of Beginning SEAN M. SMITH, PL 8233 DATE 97 4a��ti SCE Southern California Edison SF Square Feet FEET 0 50 100 200 400 PREPARED RY.• PREPARED SCALL SHEET NO_ TOTAL P S 0 M A S BY SHEETS 1650 Nay+ Street,S Ile 400 R-re ,0e. Cvr-Wn is 90507 r95r)787-042r nwwpednae.sorn 5 4935-5599-2377.i2 EXHIBITS "A-3rr-°A-8rr 378683.00002/ -5- Page 126 EXHIBIT 'A-5' APN TYPE OF ESTATE AREA 0209-143-21, EEE TOTAL: 78,719 SF 0209-272-11 & 22 NORTHERLY LINE RANCHO CUCAMONGA A T&Sam RR P� NE COR. PARCEL MAP NO. 14847 METROLINK STATION PHASE I APN: 0209-143-21 PER P-M. 177190-9fi SEC_ l3 PFR DOG. NO. 94-0 409 79.3. C.R„ REC. 1%6/I994 p OS L2R - N69 43 55 Y 346.26' NE COP. APN: 0209-272-11 ��. PARCEL A / j PHASE r DOC. N0_ 19950060620 0.R_ LINE TABLE N0. BEARING ors TANC•E -FARDEL 15 , LLJ PARDrL AIAP ND 1-.6-17 Z) L 1 5007450E 50.00' P,IS9, 177/90-9,6 / L2 Se9'43'S5"W 3R 00' L 3 S894355"W 12.83' L4 S464647'W 23.71' PARCEL C LQ SEC 13 '� °' T IS. R.7W APN: 0209-272—.2, Lb m g I Q � O o _j NORTHWESTERL Y 2 PARCEL 6 k� LINE PARCEL rs — SEE SHEET 3 — qti -J O � V I 4�j —SOUTHERLY LIPiE PARCEL 15 CURVE TABLE NO. DELTA RADIUS LENGTH Cl 2943'40" 117.00' 50.71' Cl, S89"3624"W 269.17' L4 CITY OF RANCHO CUCAA40NOA AZUSA COU14T LAlypj COUNTY OF SAN BERNARDINO THIS PLAT WAS PREPARED LEGEND UNDER MY DIREC710N SE14N M. SMITH * *+i ® Indicates area to be described No. 8233 712112025 L� POC Point of Commencement 9 SEAN M. SMITH, PLS 9233 DATE 44 P08 Paint of Beglnning Or CA0x 5CE Southern California Edison SF Square Feet FEET 0 50 100 200 400 PREPARED BY.` PREPARED SCALE SHEET NO. TOTAL P S 0 M A S 9Y SHEETS 7655 Syr.,ce]?re,.. SWla 40 R--J,. CW, -V 92507 MN5 I"=1p0' 2 5 r95,)787—e.,2F www.p,dna,.cam 4935-5599-2377.12 EXHIBITS "A-3"-"A-8" 378683.00002/ -6- Page 127 EXHIBIT 'A-F' APN TYPE OF €STATE AREA 0209-272-7 T & FEE TOTAL: 122,869 SF 6209-272-22 NORTHERLY ONE RANCHO CUCAMONGA POC WETROLINKSTATION PHASE r A T&SF RR PARCEL MAP NO. 7T PER QOC. NO. 94-d409793, d.R., PER P,M. I77j9O-9 APM' 02D9-I43-27 REC. 10/06/7994-�APN: 0209-272-r7 PARO-F' 15 RPAI?DE L MAP NUJ 1 7 a RIM, 177/90-95 p N DETAIL DETAIL O NOTE: SEE LINE TABLE ON SHEET 4 SEE SHEET 4 SEE SHEET N90100'00 E L5 -�L15 POS _ ew I EXCEPTION � u I AREA PARCEL'C' PARCEL'D. Q SEC F 3 P.S. R. 7W. S.B.M. QEXCEPTION AREA L J O k { L8 AN; 00 -22- 2 i30` q NOR 774 KFS TERL Y L 1.3 O ti LINE PARCEL 15 Q6 � � I N ry I 9 � W Q. D • p O W U] 4a £II L9 �,-u 4 LI0 W SOIITNERLY LINE L12 ,WyO•pp'QQ"W 207,25' PARCEL 15 -- �--- -_ - -_� CITY OF RANCHO CUCAkONC'A -COUNTY OF SAN RERNARDINO A ZUSA COURT LEGEND THIS PLAT WAS PREPARED ® UNDER MY DIRECTION j Indicates area to be described SEAN M. SMITH _ * Na PdG Point of Commencement 8233712112025 PO8 Point of Beginning SEA fv M- SMITH, PLS 8233 DATE ��� SCE Southern California Edison Or CALIF SF Square Feet FEET 0 50 100 206 400 PREPARED BY., PREPARED SCALE SHEET. . TOTAL P S 0 M A S B Y SHEETS lbi0 51:1'c 5hca!, 5 k6 400 R�r,s�rh. Gw7u,nia 92507 ildNS I„=70D' .J Jr' (Suit JfJl,8f71 www_padrem.cam 4935-5599-2377.12 EXHIBITS "A-3"-"A-8" 378683.00002/ -7- Page 128 EXHIBIT 'A-7' APIV TYPE OF ESTATE AREA 0209-272—r 1 & F€€ PARCEL C TO TAL: 383 SF 0209-272-22 PARCEL O TOTAL, 499 SF LINE TABLE LINE TABLE NO, REARING DISTANCE NO. BEARING DISTANCE L 1 50029'50'E 50.00' L21 SOO'00'00'E 7.42' L2 S894355"W 30.00' L22 N9000'00"E 32.61' L3 S894355"W 12.83' L23 SOQ00'00'E 15.32' L4 S46 46'47"W 23.71' L24 N89 53'05"W 32.64' L.5 N90'00'O0"W 11.14' L25 NOD'06'55"E 15.25' Lfi N90'0D'00'W 15.75 -----------------------, POC APN: 0209-272-22 1 POINT A' 1 L7 500'Q0'00 E 34.50' L 14 N9R�7R'RO'E 759.64'— !f? S89 5305'E 15.75' Lrs I L17 I 1 Pas 1 L9 N90'00'00"W 76.42' PARCEL C Leo PARCEL C1�1 08 1 L I O 500•00'00 E 12.08' I I I L11 N0000'00'E 13.47' 1 Lpg 1 I I L 12 N89 53'05"W 28.33' EXCEPTION AREA DETAIL ArN_ 6209-272-22 L 13 N90'00'00"W 62.00' L 14 N90`00'00'E 61.42' r----- P°C POINT8" APnr 0209-272-22 ---- " L 15 N90 00'00'E 85_94' - 15�.5¢' L r5 — I L 16 S00'00'00 E L21 7.42' L22 POB PARCEL D 1 L 17 N90'00'00'E 25.77' I L25 PARCEL D I LIS 500,06,55"w 75.26' I I I L19 N8953'05"W 25.74' L24 I L20 Nao•ao'aa`E 15.21' EXCEPTION AREA L DETAIL—————— APM1I:-02R9_272=22 CITY of RANCHO CUCAWWCA A ZUSA COUP T COUNTY OF SAN 6ERNAROINO LEGEND THIS PLAT WAS PREPARED ® Ind'cates area to be described UNDER MY DIRECTION s SEAN M. SMITH POC Paint of Commencement * Na 8233 POB Point of Be 7121/2025ginning 9 � SCE Southern California Edison SEA+V M. SMITH, PLS 8233 DATE T� Ofi CA��4�Q SF Square Feet FEET 0 50 IGO 200 400 PREPARED BY, PREPARED SCALE SHEET NO. TOTAL P S 0 M A S BY SHEETS J650 5pf., st—t 5.96 4m hS.ereidr,AuUY ffa 92507 MNS 1' r 00' 3 3 (SSi}T6T�A21 ww.¢acwraa.can 4935-5599-2377.12 EXHIBITS "A-3"-"A-8" 378683.00002/ -8- Page 129 EXHIBIT 'A-8 ' APN TYPE OF ESTATE AREA 0209-272-11 & FEE TOTAL; N/A 0209-272-22 p P ryy . OF AIRSPACE QRI o I I >y pRQPR��� i ti / ice+ i f 1 / S J I r 50 I AREA DESCRIBED IN "A-3" HORIZONTAL PLANE 8' ABOVE HIGHEST GROUND SURFACE ELEVATION WITHIN PROPERTY DESCRIBED IN "C-1' OF GRANT DEED g' AREA DESCRIBED IN "C-1" OF GRANT DEED GROUND SURFACE WITHIN AREA DESCRIBED IN "A-3" PROPERTY DESCRIBED IN "C-1" OF GRANT DEED AIR SPACE RESERVATION PROFILE DETAIL CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO PREPARED BY: PREPAR€O SCAL£- 5HEET NO. TOTAL P S 0 M A S BY SHEETS 1650 Spruce Street,Suite 400 Rl—lde,Cdlf—m.12507 (951)787-6421 —pecmos.com hfNS NIA 5 5 4935-5599-2377.12 EXHIBITS "A-3"—"A-8" 378683.00002/ -9- Page 130 EXHIBITS "D" GRANT DEED [See attached] 4935-5599-2377.12 378683.00002/ Page 131 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO, AND MAIL TAX STATEMENTS TO: DesertXpress Enterprises, LLC 8329 W. Sunset Road, Suite 150 Las Vegas,NV 89113 APN(s): Portion of 0209-143-21 and 0209-272-22 (Space above for Recorder's Use) Exempt From Recording Fee Per Government Code Section 27383 The undersigned grantor declares: Documentary transfer tax is: $ (X) computed on full value of property conveyed, or ( ) computed on full value, less value of liens and encumbrances remaining at time of sale. GRANT DEED The undersigned grantor(s) declare(s): FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF RANCHO CUCAMONGA ("City") and the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY ("SBCTA"), collectively the "Grantor", hereby GRANT to DESERTXPRESS ENTERPRISES,LLC,a Nevada limited liability company("Grantee")the land described on Exhibit"A-1", Exhibit"B-1" and Exhibit"C-I" and depicted on Exhibit"A-2", Exhibit"B-2" and Exhibit"C-2" and any improvements thereon (the "Property") EXCEPTING THEREFROM in fee a portion of the Property described on Exhibit "C-1" and depicted on Exhibit"C-4" attached hereto ("Reserved Property"). EXCEPTING THEREFROM AND RESERVING UNTO GRANTOR a non-exclusive access easement appurtenant over that portion of the Property described on Exhibit"D-1" and depicted on Exhibit"D-2" and Exhibit"D-3" attached hereto in favor of the Reserved Property for access to and from Azusa Court for a driveway and mechanical, electrical or other miscellaneous conduit and equipment appurtenant to the operation of the Reserved Property for parking purposes. EXCEPTING THEREFROM AND RESERVING UNTO GRANTOR a non-exclusive utility easement appurtenant over that portion of the Property described on Exhibit"D-1" and depicted on Exhibit D-2" and Exhibit 1'134" attached hereto in favor of the Reserved Property for utilities to and from Azusa Court to service the Reserved Property. Following the installation of the utilities per plans approved by both Grantor and Grantee during the initial construction of the improvements on the Property by Grantee, the foregoing utility easement shall be replaced with a 4935-5599-2377.12 378683.00002/ -2- Page 132 utility easement within (1) the driveway easement area described on Exhibit"D-1" and depicted on Exhibit"D-2" and Exhibit"D-3" and(2) a utility easement five (5) feet(or such larger area, as necessary) on each side adjacent to each such installed utility between Azusa Court and the Reserved Property that provides utility service to the Reserved Property. For the avoidance of doubt, if Grantor desires to modify or add utilities in the future, Grantee shall have reasonable review and approval rights with respect to any such modification or addition. EXCEPTING THEREFROM AND RESERVING UNTO GRANTOR a non-exclusive access easement over that portion of the Property shown and depicted on Exhibit"B" attached hereto, in favor of the adjacent transit center property to the west owned by the City and SBCTA described and depicted on Exhibit"F" attached hereto, for access to and from the north Metrolink platform via an underground tunnel. SUBJECT TO, all matters of record and all matters visible upon a diligent inspection. 1. This grant of the Property is subject to the terms of a Disposition and Development Agreement entered into by and between Grantor and Grantee dated as of October 5, 2022 (as amended, the "DDA"), which includes an irrevocable parking license in favor of Grantor to the extent and for so long as the Property can be used for parking pending the required and contemplated development of the Property pursuant to the DDA. 2. As provided in, and subject to the provisions contained in, Section 5.2.2 of the DDA, the Grantor shall have the right, at its option, to reenter and take possession of the Property hereby conveyed, with all improvements thereon and to terminate and revest in Grantor the Property hereby conveyed to the Grantee (or its successors in interest). 3. Section 4.1 of the DDA contains specific and reasonable restrictions on transfer of the Property and on transfer of interests in Developer until completion of the Project, with certain specific exceptions. The Grantee covenants, for itself and its successors and assigns, to comply with such restrictions,which are hereby incorporated herein by reference. 4. Upon written request by Grantee, the City Manager of the City and the Executive Director of the SBCTA shall execute a"Certificate of Completion" in recordable form, cause it to be acknowledged and deliver it to Grantee for recording to confirm that such development has been timely completed in accordance with the DDA. 5. The covenants and restrictions in this Grant Deed shall bind,benefit and burden the Property, the Grantor and the Grantee and their respective successors, assigns and successors in interest to all or any portion of or interest in the Property. [Signatures on Following Page] 4935-5599-2377.12 378683.00002/ -3- Page 133 IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth below. Dated: , 2026 CITY OF RANCHO CUCAMONGA By: Print Name: Title: ATTEST: City Clerk SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: Print Name: Title: ATTEST: 4935-5599-2377.12 378683.00002/ -4- Page 134 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On , before me, , (insert name of notary) Notary Public,personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 4935-5599-2377.12 378683.00002/ Page135 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On , before me, , (insert name of notary) Notary Public,personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 4935-5599-2377.12 378683.00002/ -2- Page 136 EXHIBIT A TO GRANT DEED PROPERTY DESCRIPTION AND DEPICTION [SEE ATTACHED] 4935-5599-2377.12 EXHIBIT A 378683.00002/ Page 137 E Brr 'A-i' Legal Deseription AP : 0209-143-21 That portion of the SANBAG(formerly A.T. & S.F.) Railroad Right-of-Way. as sho,,,m on Parcel Map No. 14647. filed in Book 177. pages 90 through 96. inclusive of Parcel Maps. in the Office of the County Recorder of San Bemardiuo County.within Section 13. Township 1 South. Range '7 West. San B ert=lino Meridian. in the City of Rancho Cucamonga. County of San Bernardino. State of California. described as follows: Commencing at the northeast coaster of said Section 13 Thence along the easterly line of said Section 13 South 00429'50" East 50.00 feet to the easterly prolongation of the northerly line of the land described as Rancho Cucamonga Metinlink Station Phase I. in the Chant Deed recorded October 06. 1994. as Dactuiietit No. 1994-0409793. of Official Records of said County. Thence along said easterly prolongation South 89°43155"West 3 0.00 feet to the northeasterly line of said Rancho Cucamonga Metrolink Station Phase I: Thence continuing along said northerly line South 89°43'55"West 12.83 feet to the Point of Beginning: Thence continuing along said northerly line South 891,4315571 West 346.2 feet: Thence leaving said northerly line North 00'10'37"West 3 3.3 8 feet: Thence North 87°50'2.9" East 346.61 feet: Thence South 00°00"00" East 44.81 feet to the Point of Beginning: Parcel contains 13,539 square feet. more or less. The beari gs and distances used in the above description are based on the Califomia Coorduiate System of 1981 (CCS 3). Zone 5. 2010.0 epoch. Di-6de distances shorn by 0.9999392898 to obtain Found distance. See Exhibit 'A-2' attached hereto {md made a part hereof 4935-5599-2377.12 378683.00002/ -2- Page 138 This real property description leas been prepared by me, or under my direction, us confon77ance with the Professional Land Surveyor's Act (Bus. &Prof. Code §8700). y LdX AHD Scan M_ Smith { Sigil.it-are: Sean M. Smith. PLS 8233 Nc, SM S' Date: 9.'27-2022 v� CAl� 4935-5599-2377.12 378683.00002/ -3- Page 139 .._ .-_.i ' LLI r w .; d) cf) cn s � a S`S � �e LI +7 u-I w C x LLn 10 Iz Wh G7 Ib LO LU c: a 1L n u a � �E`�+ L��• ' n u ,m OL. � x LL k O "•F b W W O v Z w � nl § fxr u W o 4 W LU L ti � 4 rk V W ui W l-- L"ECLM W � a L- Q. U w � ? o " a bx W W O o ti n M1„y'a 'r nti a� to 4 r,(N 4 r+ O\ ¢ v z o"fi, q lu � 3 W � - � tr x Qs 2 Ox M p p .1.114 Oc v E 4 x o O wy C yr ; x Z-- x G 0 4 b 4 i 2 b vy LU u c t. o a a tiv o o a s It LL LLJ v w i 0. � q Q ,y LLJ w e� 4 4 W � a a 4935-5599-2377.12 378683.00002/ -4- Page 140 EXHIBIT B TO GRANT DEED PROPERTY DESCRIPTION AND DEPICTION (CONTINUED) [SEE ATTACHED] 4935-5599-2377.12 EXHIBIT B 378683.00002/ Page 141 EXIMIT `B-1' Legal Description APN: 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647, in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive, of Parcel Maps, in the Office of the County Recorder of said County, together with a portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County, described as follows: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 001129'50" East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation line South 89°43'55 West 30.00 feet to the northeasterly confer of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89°4355 West 12.83 feet to the Point of Beginning; Thence South 001100'00" East 568.51 feet to the southeasterly line of Parcel 15 per said Parcel Map; Thence along said southeasterly line South 46°46'47"West 23.71 feet to the southerly line of said Parcel 15: Thence along said southerly line South 89°3624"West 269.11 feet to the beginning of a tangent curve, concave northeasterly, having a radius of 117.00 feet; Thence northwesterly, along said curve, being the southwesterly line of said Parcel 15, through a central angle of 29043'40"an arc length of 60.71 feet; Thence leaving said southwesterly line North 001110'37"West 569.98 feet to said northerly line of the Rancho Cucamonga Metrolink Station Phase I; 4935-5599-2377.12 378683.00002/ -2- Page 142 Thence along said northerly line North 89143'55 East 346.26 feet to the Point of Beginning; Excepting therefrom that portion of said Parcel 15 per said Parcel Map, described as follows: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00129'50" East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation line South 89°43'55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 8914355 Nest 12.83 feet; Thence leaving said easterly prolongation line and northerly line South 00000'00" East 123.77 feet; Thence North 90100'00" West 11.14 feet to the Point of Beginning; Thence South 00°00'00" East 139.00 feet; Thence North 90°00'00"West 15.75 feet; Thence South 00100'00" East 34.50 feet; Thence South 89°53'05" East 15.75 feet; Thence South 00100'00" East 258.88 feet: Thence North 90000'00" Nest 16.42 feet; Thence South 00°00'00" East 12.08 feet; Thence North 90100'00" West 201.25 feet; Thence North 00°00'00" East 13.41 feet; 4935-5599-2377.12 378683.00002/ -3- Page 143 Thence North 89153'05"Vilest 28.33 feet: Thence North 00°00'00"Nest 180.28 feet. Thence North 90100'00"Vilest 62.00 feet: Thence North 00000'00"Vilest 250.75 feet. Thence North 90100'00" East 61.42 feet to a point hereinafter referred to as Point "All; Thence leavina said Point "A"North 90000"00"' East 159.64 feet to a point hereinafter referred to as Point "B"; Thence leavina said Point "B"North 90000'00'" East 86.94 feet to the Point of Beginning; Together with that portion of the land described below as Parcel"C" and Parcel I'D". Parcel"C" Commencing at the above-described Point "A". Thence leavinE said Point "Al' South 00000'00" East 7.42 feet to the Point of Beginning; Thence North 90000'00" East 25.17 feet: Thence South 00106'55"Vilest 15.26 feet: Thence North 89153'05"Vilest 25.14 feet: Thence North 00100'00" East 15.21 feet to the Point of Beginning; AND. Parcel I'D" Commencing at the above-described Point "B" 4935-5599-2377.12 378683.00002/ -4- Page 144 Thence leaving said Point 11131* South 00000'00"Nest 7.42 feet to the Point of Beginning; Thence North 90000'00" East 32.61 feet; Thence South 001100'00"East 15.32 feet; Thence North 89153'05"West 32.64 feet_ Thence North 001106'55" East 15.25 feet to the Paint of Beginning; Gross Area contains 201,607 square feet.more or less. Excepted Area contains approximately 122,890 square feet,more or less. The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibits 'B-2','B-3' and `B-4' attached hereto and spade a part hereof. This real property description leas been prepared by me, or under spy direction, in conformance with the Professional Land Surveyor's Act(Bus. & Prof. Cade §8700). LAND Sean M. Smith � Signatur Sean M. Smith, PLS 8233 No. 8233 Date: 7121/2025 ''.� CF c u° 4935-5599-2377.12 378683.00002/ -5- Page145 EXHIBIT ' B-z ' APN TYPE OF ESTATE AREA 0209-272-22 FEE TOTAL: 78,719 SF NORTHERLY LINE RANCHO CUCAMONGA A T&SF RR Pa NE COR. PARCEL MAP NO, 14647 METROUNC STARON PHASE 1 APN; 0209-143-2r PER P.M. 177190-96 SEC. 13 PER DOC. NO. 94-04 09 793, O.R., { PREC. 1010611994 PARCEL A L2 R/W 4X55 E 346..26' NE CDR. APN: 0209-272-1 T PHASE I Doc, Na. 19950060620, O.R. POc - PARCEL 15 POINT A" PARCEL MAP JYDs 1-4.597 ; Poe Ps 11�� 177/9D—9{a EXCEPTION LINE TABLE AREA NO. BEARING DISTANCE POG PDIN7 8" L 1 50029 50'E 50.00' L2 S89'43'S5"W 30.00' PAfiCEL D PARCEL C L3 589'43'55'W 12.83, L4 S45'46'47°W 23 71' 1► Z SEC 13 APN: 0209-272-22 30' T IS. R. 7W. Ln � � J S.B.M. ass EXCEPTIONAREA — SEE SHEET 2 — J � R NOR Y o � � D LINE PARCEL 15Lq U o 4�i 4 h �J SOUTHERLY LINE s U PARCEL 13 ¢ � Q cn CURIE TABLE W NO. DELTA RADIUS LENGTH L4 Cl 29443'40" 117.00' 60.71' Cl 5893624"W 269.11- AZUSA COURTr CITY OF RANCHO CLICAMONGA COUNTY OF SAN BERJARDINO THIS PLAT WAS PREPARED LEGEND CINDER MY DIREC]ION AI 9. SEAN M. SMITH ® Indicates area to be described * No. 8233 7�� 7l21l2026 �� a POC Point of Commencement SEAN M. SMITH, PLS 8233 DATE �{� OQ PO8 Point of Beginning Of- SCE Southern C41lfornio Edition SF Square Feet FEET 0 50 100 200 400 PREPARED 99Y �r PREPARED SCALE SHEET NO. TOTAL P S 0 M A S 6Y SHEETS o950 sp—smear, 4935-5599-2377.12 378683.00002/ -6- Page 146 EXHIBIT 'B-3 ' APN TYPE OF ESTATE AREA 0209-272-22 FEE TOTAL: 722,889 SF NORTHERLY LINE RANCHO CUCAMONGA PQC METROLINKSTA77ON PHASE 1 A T&SF RR PARCEL MAP N0. 14647 NE COR, PER DOC, NO- 94-0409793, O-R., 7f PER P.M. 17 90-95 SEC. I3 APN: 02D9-1¢3-27 REC 10/0617994 LI L2 R fW - - - NE COR, - APN: 0209-272-II PARCEL I5 AW P AHLlE MAP 7�IL7. f 4647 qa L3 PHASE 7 r-DETAIL DETAIL q NOTE.- SEE LINE TABLE ON SHEET 3 SEE SHEET3 SEE SHEET 3 N-gO'00'00"E [L 5 LL I I I I PQ$ I I I J EXCEPHON SEC 13 =PARCEL"C" PARCEL'D" o a AREA T. 15. R.7W. LO S.F,M, o EXCEPTIONAREA LS APN: 0209-272-22 f� NORTHWESTERLY L13 LINE PARCEL 15 ai � I N N I � W O Q � ❑ I � 1N—Ll—y L90SOUTHERLY LINE Lf w N90 00'00"W 201.25' PARCEL 15 -- —- - - - CITY OF RANCHO CUCAMONGA CL COUNrTY OF SArN 8ERNARDINO AZUSA COURT L E EIh D THIS PLAT WAS PREPARED cry O Indicates Como 6e descr+bed UNDER MY DIRECTION 5ERN M. SMITH * No. 8233 POC Point of Commencement �- 712112025 POB Point of Beginning SEAN M. SMITH, PLS 8233 DATE �7fi p4� SCE Southern California Edison or AS SF Square Feet FEET 0 50 T00 200 400 PREPARED BY PREPARED +y � � � � SCALE SHEET NO. TOTAL 9Y SHEETS 1636 Spruce ST—e Suite 4M Ri-.ke, cd+ rQ 9z507 1LN5 I 100' 2 4 (951)787-a42r 4935-5599-2377.12 378683.00002/ -7- Page 147 EXHIBIT ' B-4 ' APN TYPE OF ESTATE AREA 0209-272-22 FEE PARCEL C TOTAL: 383 SF PARCEL O TOTAL: 499 SF LINE TABLE LINE TABLE NO. REARING DISTANCE NO. BEARING DISTANCE L1 S0029'50'E 50.00' L21 S00'00'0G 742' L2 S894355"W 30.00' L22 N90 00'00"E 32.61' L3 S89°4355"W 12.83' L23 SOO'00'00"E 15.32' L 4 S46'46'47"W 23.71' L24 N89 53'05"W 32.64' L5 N90°00'00"W 11.14' L25 NQD 06'55"E 15.25' L6 N90°00'00"W 15.75' POC APN: 0209-272-22 j POINT A" L7 50000'00"E 34-50' — L14 Ngd'o0'n0"E 15g.64'rt L8 S89 53'05"E 15.75' L Is 07 I Pos I L9 N90°00'00"W 1E 42' PARCEL C L 70 SOO'00'00"E 72.08' L20 PARCEL C L18 I I L 7 7 NOO'00'00"E i{.4?' 1 L 19 I L 12 N89 53'05"W 28.3-5' 1 1 EXCEPTION AREA L73 N9D'00'00"W 62.00' I DETAIL APN: 0209-272-22 L J L 14 N9000'00"E 61.42' Pori$ aPrv: dens-272-22 L15 N9O00'00"E 86.94' rss.s4' L15 I I L15 SOO 00'00'E L27 7 42' L22 I i�a I L17 N9000'00"E 25.17 PARCELD L23 L25 PARCEL O L IS 500'06'55"W 15.26' L79 NB.953'05"W 25. 14' L24 L20 N00 C7O'00"E i 5.21' 1 EXCEPTION ARE4 DETAIL------ APN:_0209_272-22 CITY OF RANCHO CUCAMONGA AZUSA COURT COUNTY OF SANB£RNARDWO e� LECEND WS PLAT WAS PREPARED ® UNDER MY DIRECTION SEAN a. iTM Indreafes area to &e described POC Point of Commencement * No. 8233 7l21 f2025 �A P06 Point of Beginning "�� 7��- y SCE Southern California Edison SEAN M. SMITH, PLS 8233 DATE OE CAS-��p SF Square Feet FEET 0 50 IOU 200 400 PREPAREC Hy }! PREPARED SCALE SHEET NO. TOTAL R S 0 M A S BY SHEETS 7656!p--S:ree4 &,;fe 4M Rh---de, ear++iQ 92507 MNS 7"=7 00 3 ¢ (-5f)7&7-842! ...,pza..vxrcr» 4935-5599-2377.12 378683.00002/ -$- Page 148 EXHIBIT C TO GRANT DEED PROPERTY DESCRIPTION AND DEPICTION (CONTINUED) AND DESCRIPTION AND DEPICTION OF THE RESERVED PROPERTY [SEE ATTACHED] 4935-5599-2377.12 EXHIBIT C 378683.00002/ Page 149 EXHIBIT 'C-l' Legal Description APN: 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647, in the City of Rancho Cucamonga, Coitnty of San Bernardino. State of California. filed in Book 177. pages 90 through 96. inclusive. of Parcel Maps. in the Office of the Cotu7ty Recorder of said County,within Section 13. Township 1 South. Range 7 Nest, San Bernardino Meridian. described as follows: Commencing at the northeast coiner of Section 13. of Township 1 South. Range 7 West. San Bernardno Meridian. as shown on said Parcel Asap; Thence along the easterly line of said Section 13, South 00129'50" East 50.00 feet to the intersection of the easterly prolongation of the northerly line of the land described as Rancho Cucamonga Metrolink Station Please I. in the Grant Deed recorded October 06. 1994, as Document No. 1994-0409793, of Official Records of said County; Thence along said easterly prolongation line South 89143'55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing alone said northerly line South 89143'55 West 12.83 feet; Thence leaving said easterly prolongation line and northerly line South 00°00'00"East 123.77 feet, Thence North 90100'00"West 11.14 feet to the Point of Beginning; Thence South 00100'00" East 139.00 feet: Thence North 90000'00"Vilest 15.75 feet: Thence South 00100'00"East 34.50 feet; Thence South 89°53'05"East 15.75 feet. Thence South 00100'00"East 258.88 feet: Thence North 90100'00"Test t6.42 feet: 4935-5599-2377.12 378683.00002/ -2- Page 150 Thence South 00°00'00"East 12.08 feet; Thence North 90000'00"Nest 201.25 feet; Thence North 00000'00" East 13.41 feet: Thence North 891153'05"West 28.33 feet: Thence North 00000'00"West 180.28 feet; Thence North 90°00'00" 'Vest 62.00 feet: Thence North 00000'00" 'Vest 250.75 feet; Thence North 90000'00" East 61.42 feet to a point hereinafter referred to as Point "A"; Thence leavi na said Point "A"North 90°00'00" East 159.64 feet to a point hereinafter referred to as Point "B"; Thence leavi ns said Paint "B"North 90000'00" East 86.94 feet to the Point of Beginning; Excepting therefrom with that portion of the land described below as Parcel "C" and Parcel "D". Parcel "C" Commencing at the above-described Point"A", Thence leavi nz said Paint "A" South 001100'00" East 7.42 feet to the Point of Beginning; Thence North 90000'00" East 25.17 feet; Thence South 00006'55"West 15.26 feet: Thence North 89°53'05"Nest 25.14 feet: Thence North 001100'00" East 15.21 feet to the Point of Beginning: 4935-5599-2377.12 378683.00002/ -3- Page 151 A�D Parcel I'D" Commencing at the above-described Point «Bas Thence leaving said Point `°B" South 00::00100"Nest 7.42 feet to the Point of Beginning; Thence North 90°00'00" East 32.61 feet; Thence South fl0°00'00"East 15.32 feet; Thence North 89053'05"Nest 32.64 feet: Thence North 00°06'55" East 15.25 feet to the Point of Beginning; Gross Area contains 123,770 square feet,more or less. Excepted Area contains approximately 882 square feet,more or less. EyLeluding therefroin, in favor of the City of Rancho Cucamonga and San Bernardino County Transportation Authority. the Reserved Property, which consists of the air space above the above-described land, contained benveen a horizontal plane eight (8) feet above the existing piotund stu-face and existing ground stnface. The foregoing 8-foot-tall portion shall exist prior to the construction of improvements by Grantee at an elevation range between 1109-1117 above mean sea level and following the construction of improvements by Granteem the lower boundary of such 8-foot-tall portion sh,a11 corm nernce at the finished ground floor stuface and continue directly 8 feet above. as meastued perpendicularly to the finished ground floor siuface described in a Certificate of Compliance recorded by the City Engineer within 30 days after the completion of construction. The level plane elevation described above 1s expressed in terms of North American Vertical Datm of 1988. The elevation is based on the San Bernardino County Benchmark No. UF206 with a published elevation of 1.114.07 feet above mean sea level. 4935-5599-2377.12 378683.00002/ -4- Page 152 The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83). Zone 5. 2010.0 epoch. Divide distances shmNm by 0.9999392898 to obtain ground distance. See Exhibits `C-2'. 'C:-3' and"C-4" attached hereto and made a part hereof, This real property description ha been prepared by me, or tuider my direction. in confoin-iance with the Professional Land Sun-eyor's Act Tus, & Prof. CO de §8700). y LA�Vp Segn U- Smith S i gllatllreOL Sean M. Smith. PLS 8233 No. 6255 Date: 7/21/2026 4935-5599-2377.12 378683.00002/ -5- Page 153 EXHIBIT ' C-2 ' APN TYPE OF ESTATE AREA 0209-272-22 FEE TOTAL: 123.770 Sr NORTHERLY LINE RANCHO CUCAMONGA POC METROLINKSTA7ION PHASE 1 A r&SF RR PARCEL MAP N0, 14647 NE COR' PER DOC. NO- 94-0409793, O-R., PER P.M. 177 90-96 SEC, 73 APN: 0209-143-21 1 REC 1010611994 LT L2 NE COR. APN: 0209-272-It PARCEL I J .w L3 PHASE T P ARCFL MAP JVD, J 4647 a —DETAIL DETAIL o MOTE, SEE LINE TABLE ON SHEET 2 t SEE SHEET 2 SEE SHEET2 v❑y N90'OQ'DO'E 44 L13 ___, 159-64 Lf I i P08 _ w EXCEPTION W o AREA SEC f PARCEL"C" PARCEL"D" ❑ T, 1.5. R.7W. Ln S.8,M. N ; TM �t L5 � W Lij o EXCEPTION AREA U p L7 y� A N: 2 9-2 2-22 i 30' ❑ NORTHWESTERLY L12 21 ❑ LINE PARCEL 15 N � I a � o I �y. o oo I LLJ^y --Act f LS a VI L9 a SOUTHERLY LINE L l f w -- N3QYJQ'QD"W 20T.2S' PARCEL 15 CITY OF RANCHO CUCAMONGA - COUNTY aF SAN BERNARDINO AZUSA COURT L E E+g 51❑ THIS PLAT WAS PREPARED) ® UNDER MY DIRECTION SEAN M. SMITH Indicates area to be described _ * No. 8233 Hoc Faint of Commencement712112025 �� � POB P0117t of Beginning SEAN M, SMITH, PLSS 8233 PATE �Tfi p4 SCE Southern Colifornio Edison 0" Cp�1F SF Square Feet FEET Q 50 100 200 400 PREPARED SSY PREPARED SCALE SHEET NO- TOTAL P S 4 M A S BY SHEETS 1650 space Sweet -'ZM9 SW R es CWM—ia 92507 MNS 7"=f 00' 1 3 (957)787-842! www.pscmvxrum 4935-5599-2377.12 378683.00002/ -6- Page 154 EXHIBIT ' C-3 ' APN TYPE OF ESTATE AREA 0209-272-22 FEE PARCEL C TOTAL: 383 Sr PARCEL O TOTAL: 499 SF LINE TABLE LINE TABLE NO. BEARING DISTANCE NO. BEARING DISTANCE L l 5DD'29'50'E 50.00' L21 N90'00'00 E 32.61' L2 S894355"W 30.00' L22 SOO'00'00'E 15.52' L3 S89°4355"W 12.83' L23 N39 53'05"W 32.64' L4 N9000'00"W 11.14' L24 NOO'06'55"E 15.25' L5 N90°00'00"W 1575' L6 500'00'00"E 34.50' POC APN: 0209-272-22 j POINT A" L7 589'53'D5"E 15.75' 1 i13 nlgn'Oa'no"E 7s9.sa'rt 1 L8 N9000'00"W 1E42' L15 I Lrs I I Pas 1 L9 SOD°00'00'E 12.08' PARCEL C 1 L l9 7PARC7ELC ;7 L10 NDD'L70'00"E 13.41' I I I � I L 11 N89;53'05"W 28.33' 1 08 1 I I L 12 N90'00'00"W 62.00' 1 EXCEPTION AREA 1 L13 N9D00'00"E 61.42' I DETAIL APN: 0209-272-22 L J L 14 N90 00'00"E 86.94' r Paa APN: dens-272-22 I POINTPQINT B 1 I L 15 SDO 00'00"E 7.42' 153.64' L 14 I I L 15 N90 00'00"E 25.l 7' L2 L2, I �s I 1 PARCEL D 1 L 17 Satz°06'55"W 15.26 L24 PARCEL O L22 LIS N8953'05"W 25.14' I I L 19 NOO 00'00"E 15.21' i 23 L20 S00 OO'00'E 7.42' EXCEPTION AREA DETAIL------ APN:_0209_272-22 CITY OF RANCHO CUCAMONGA AZUSA COURT COUNTY OF SAN B£RNAROWO L ECEN THIS PLAT WAS PREPARED ® UNDER MY DIRECTION SEAN a. SMITH Indreafes nreo to he excepted POC Point of Commencement * No. 8233 �� P06 Point 4f Beginning 7/21/2025 y SCE Southern California Edison SEAN M. SMITH, PLS 8233 DATE or CAS SF Squvre Feet FEET 0 50 IOU 200 400 PREPARED BY s! PREPARED SCALE SHEET NO, TOTAL R S 0 M A S BY SHEETS 7656 Spare Sf—t Su;fe 4M Rn as ear+ lQ 92507 MNS 7"=7 00' 2 3 (95f)7&7-842! www,pzu..vxrwa 4935-5599-2377.12 378683.00002/ -7- Page155 EXHIBIT ' C-4 ' APN TYPE OF ESTA TE AREA 0209-272-22 FEE TOTAL: N/A ST Apo oil TIa�1 pf�JAI, �RIBEp AIRSPFEE +-' � I � 5 pE5 PER 1A A5 � � 6RQpERpEE� paQP RPNT R`�F16E0� ITRIo,vl �E pE5 TEp ACE Ep IrJ q -` EA�CEP 5�R pE5GR16 p T� E o 8,--. PRop"H pE p r^i •I I P� ! } I f J I J ! J J FA or f AREA DESCRIBED IN "C-1" HORIZONTAL PLANE 8' ABOVE HIGHEST GROUND SURFACE ELEVATION WITHIN PROPERTY DESCRIBED IN "C-1" OF GRANT DEED gp RESERVED PROPERTY AREA DESCRIBED IN "B-1" AS EXCEPTED DY GRANTOR GROUND SURFACE WITHIN PROPERTY DESCRIBED IN "C-1" OF GRANT DEED AREA DESCRIBED IN "C-1" AS GRANTED TO GRANTEE AIR SPACE RESERVATION PROFILE DETAIL CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO PREPARE& SK PREPARED SCALE $MEET NO. TOTAL P S 0 M A S B r SHEETS MO Spmce S"61, Suhe 400 92597[95QW-8427 MN5 NIA 3 3 �r...psamas.com 4935-5599-2377.12 378683.00002/ -$- Page 156 EXHIBIT D TO GRANT DEED DESCRIPTION AND DEPICTION OF DRIVEWAY AND UTILITY EASEMENT [SEE ATTACHED] 4935-5599-2377.12 EXHIBIT D 378683.00002/ Page 157 EXHIBIT `D-1' Description of the Dille}gay and Utility Easement APti: 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga. County of San Bernardino. State of California, filed in Book 177, pages 90 through 96. inclusive of Parcel Maps, in the Office of the Cowity Recorder of said Coti nty. within Section 13, Township 1 South. Range 7 Nest, San Bernardino Meridian, described as follows: Parcel "A" - Driveway Easement Co in ine tic in g a the northeast corner of Section 13. of Township 1 South, Range 7 West. San Bernardino Meridian. as shown on said Parcel Map: Thence along the easterly line of said Section 13. South 00029'50" East 5 0.00 feet to the intersection of the easterly prolongation of the northerly line of the land described as Rancho Cucamonga Metrolink Station Please I. in the Grant Deed recorded October 06. 1994. as ❑ociunent No. 1994-0409793. of Official Records of said County; Thence along said easterly prolongation line South 891143'55 West 3 0.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 89043'55 Vilest 12.83: Thence South 001100'00"Vilest 568.51 feet to the northerly right of way of Azusa Avenue. as shown on said Parcel Map: Thence along said northerly right of way the fo How ing four (4) courses: 1) Thence South 461146'47"West 0.63 feet to a point hereinafter referred to as Point"All, 2) Thence South 46146'47"West 23.08 feet to the southerly line of said Parcel 15; 3) Thence South 89136'24"West 133.70 feet to the Point of Beginning; 4) Thence South 89136'24"West 30.75 feet; 4935-5599-2377.12 378683.00002/ -2- Page 158 Thence North 00"00'00"West 16.93 feet. Thence South 90100'00"East 30.-5 feet: Thence South 001100'00"West 16. 72 feet to ttie Point of Beginning. Parcel contains 517 square feet. more or less. AMD Parcel "B" —Vtilitt- Easement Beginning at the above-described Paint "A"; Thence along said northerly right ofu-ay the following three (3) courses: 1) Thence South 46146'47"West 23.08 feet to the southerly line of said Parcel 15. 2) Thence South 89136'24"West 269.1 t feet to the beginning of a tangent curve, concave northeasterly. having a radius of 117.00 feet.. 3) Thence northu-esterly. along said cur\e. being the southwesterly lure of said Parcel 15. through a central angle of 29043'39" an are length of 60.70 feet. Thence leaving said southerly line North 00110'37"West 2.65 feet; Thence North 90100'00"East 344.04 feet to the Point of Beginning. Parcel contains 5,381 square feet. more or less. See Exhibits `D-2', `D-3' and `D-4' attached hereto and made a part hereof. 4935-5599-2377.12 378683.00002/ -3- Page 159 This real property description has been prepared by me. or under my direction, in conformance u-ith the Professional Land Surveyor's Act (Bus. &- Prof. Code §8700). LA10p kP O Sean M_ Smith a � I No. B235 OF C �1fil1�t111'e: Sean M. Smith. PLS 8233 Date: 7121/2025 4935-5599-2377.12 378683.00002/ -4- Page 160 EXHIBIT ' D-2 ' APN TYPE OF ESTATE AREA 0209-272-22 EA SEMEN F TOTAL: --- SF NORTNERL Y LINE RANCHO CUCAMONGA A T&5F RR NE COR- METROLINK STA77ON PHASE 1 APN: 0209-143-21 SEC. 13 PER DOC, NO- 9 4-0409 793, O.R., REC. 1010611994 NE COR_ —�R fW R -- - - PHASE I APN: 0209-272-11 II LLJ I I II � I PARCEL 15 ,PAROEL MAP JVO, J46-47 P�ml 177/90-9.6 I APN: 0209-272-22 L] I I I J� I NORTNWESTERLY LINE PARCEL 15 w -� \`x �\ SOUTHERLY LINE � \ PARCEL 75 I I SEC 3 SEERCSHEET EL "2 T. 15. R. 7W. S.B.M. --PARCEL a" SEE SHEET 3� CITY OF RANCHO CUCAMONGA AZUSA COURT F1Al- LAIUp COUNFY OF SAN BERNARDINO THJS PLAT WAS PREPARED LEGEND UNDER MY DIREC77ON a SEAR M. SMITH ® Indicates area to be described * No. 5233 41-� 7��;�7/21/2025 POC Point of Commencement �7 �$ SEAN M. SMI D4, PLS 62.3J DATE ROB Point of Beginning F dfi SCE Southern Cafifornia Edison Sr Square Feet FEET 0 50 100 200 400 PREPARED @Y. PREPARED SCALE SHEET NO.. TOTAL P S 0 M A S BY SHEETS «o ro st—,.S.A. Rfxraid0. Cdff—k 92507 AU 1"=100' 1 (957)T9T-8/P} •''.paomui.rom 4935-5599-2377.12 378683.00002/ -5- Page 161 EXHIBIT 'D-3 '-DRIVEWAY APN TYPE OF ESTATE AREA 0209-272-22 DRIVEWAY EASEMENT TOTAL: 517 Sr- IVORTHERL Y LINE RANC140 CUCAMONGA A T&SF RR PDC NE COR_ METROLINf 5TA770M PHASE I APN: 0209-r43-2I SEC. 13 PER DOC. NO. 9 4-04 09 793, O.R., REC. 1010611994 NE COR. L2 PHASE 1 APN: 0209-272-11 I � LINE TABLE NO. BEARING DISTANCE L 1 Sao 29'50"E 50.00' LLJ L2 S89 43'55"W 30.00' L3 S89 4355"W 12.83' L4 S46 4647"W 0.s3' PARCEL 15 L5 S46 4647"W 23.08' PARCEL JWAP W. 1-16-17 PlYfs 1�7/9fJ-5'S i � L6 S59 36 24"W 133.70' w L7 S893624'W 30.75' L8 N00Q0'00"w 16.93' L9 59000'00'E 30.75' 30' L10 sa"a'QQ"ry 18.72' I APN: 0209-272-22 I v D�ETA I L A o f I• Q� N.T.9 h o i uy I � I roof I� t poi w Ian L4 a OERLY POINT -A- z i ec 2 � LINE PARCEL 15 L5 i o L6 i w � SOU 7NERL Y LINE I PARCEL 75 SEE DETAIL A HEREON I SEC 13 L 9 PARCEL "A" L1a i T. 15. R. 7W. LS LE 5.5.M. - — - - L7 OB - CITY OF RANCHO CLICAMONGA Zl1A COURT w- COUNTY OF SAN BERNARDINO THIS PLAT WAS PREPARED LEGEND UNDER MY OIREC71pN Q SEAH M. SMITH ® Indicates nreo to be described * Nv. 8233 Poe Point of Commencement7�; 712112025 g SEAH M. SMITfI, PLS 8233 QA7E P08 Point of Beginning TF 0T G AL�4 a SCE Southern Coflfornio Edison 5F SgUore Feet FEET O 50 100 200 400 PREPARED BY. PREPARED SCALE SHEET'N0. TOTAL P S 0 M A S BY SHEETS P650 Sprum Sheaf•SU%fd a0Q Rf--,dm cdff—.92507 AU 1"=100' 2 (95f�T67-6/71 •...yeomoe.rom '3 4935-5599-2377.12 378683.00002/ -6- Page 162 EXHIBIT ' D-4 '-UTILITY APN TYPE OF ESTATE AREA 0209-272-22 UTILITY EASEMENT TOTAL: 5,381 Sr NORTHERLY LINE RANCHO CUCAMONGA A T&SF RR POC NE COR. METROLINK 5TA77ON PHASE 1 APN.- 0209-I43-2I ol SEC. 13 PER DOC. NO, 94-0409793, O.R., NE COR_ L1 - REC, 1010611994 L2 R�W PHASE I APN: 0209-272-11 II LINE TABLE NO, BEARING DISTANCE LI SOO29'50'E 50.00' I LLJ Z) L2 S89 43'55"W 30.00' L3 S89 43'55"W I2.83' L4 S464647"W 0.53' FA)7C.5L L5 S464647"W 23.08 PARCEL JWAF W, f 4697 P,M, J 77/9D-Vj6 i L6 N0070'37"W 2.65' � 'I I APN: 0209-272-22 �} DETAIL A I o N.7+s U) o ro q I� � o i � L4 I i J NORTHWESTERLY i N90D0'00"E LINE PARCEL 15 344.05' DINT 'A a � ^ ♦� \ SOUTHERLY LINE PARCEL 15 SEE DETAIL A SEC 3 HEREON PARCEL B" T I S. R. 7W L6 N90i70'DD'E 344.04, S.B.M. d=29'43'40" 5893624 W 269.11' L5 R=1 l7.00' M - 7I' - � AZUSA COURT 0- LA{ CITY OF RANCHO CUCAMDNGA COUNTY OF SAN BERNAROINO THIS PLAT WAS PREPARED LEGEND UNDER MY DIREC7701V a SEAM M. SMITH ® Indicates area to be described No. 8233 7f21f2025 POC Pant of Commencement SEAN M. SMITH, PLS 82JJ DATE P0E Point of Beginning 0L C AL �4 SCE Southern California Edison 5F Square Feet FEET ❑ 50 100 200 400 PREPARED 8K PREPARED SCALE SHEET NO. TOTAL P S 0 M A BY SHEETS 185o spurn sheaf,sviM/oo Rf—dc C fff—.92507 AU +'— aa' 3 (951)787-8421 ....paomer — `3 4935-5599-2377.12 378683.00002/ -7- Page 163 EXHIBIT E TO GRANT DEED DESCRIPTION AND DEPICTION OF ACCESS EASEMENT TO THE UNDERGROUND PEDESTRIAN METROLINK TUNNEL [SEE ATTACHED] 4935-5599-2377.12 EXHIBIT E 378683.00002/ Page 164 EXHIBIT 'E-1' Description of Access Ensement to the Underground Pedestrian Metrolink Tunnel APB: 0209-143-21 That portion of portion of the SANBAG(formerly A.T. & S.F.) railroad light-of-Way. as shown on Parcel Flap No. 14647 in the City of Rancho Cucamonga. County of San Bernardino, State of California, filed in Book 177, pages 90 through 96. inclusive of Parcel Maps, in the Office of the County Recorder of said County,within Section 13, Township 1 South. Range 7 Nest, San Bernardino Meridian. described as follows: Commencing at the northeast colder of Section 13. of Township 1 South, Range 7 West. San Bernardino Meridian, as shown on said Parcel Map: Thence along the easterly line of said Section 13. South 00°29'501' East 50.00 feet to the intersection of the easterly prolongation of the northerly lisle of the Rancho Cucamonga Metrolink Station Phase I. in the Grant Deed recorded October 06. 1994, as Dociullent No. 1994-0409793. of Official Records of said County; Thence along said easterly prolongation line South 89°43'55 West 3 0.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said Northerly line South 89043'55 Vilest 352.93 feet to the Point of Beginning; T11ence centinuinz along Said Northerly line South 89043'55 Vilest 6.16 feet: Thence lea,-*iz said Northerly lisle North 00110'37"West 33.38 feet; Thence North 87050'29"East 24.23 feet: Thence South 27138'38"West 38.68 feet to the Point of Beginning. Parcel contains 509 square feet,more or less. The bearings aid distances used in the above description are based on the California Coordinate System of 1983, (CC S83). Zone 5. 2 010.0 epoch. Divide distances shown by 0.9999392898 to obtain gxound distance. See Exhibits `E-2' attached hereto and shade a part hereof. 4935-5599-2377.12 378683.00002/ -2- Page165 This real property description has been prepared by me. or under my direction, u7 conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700). LAAOD Signature- Semi � Seun k�_ Smith � Sean . Smith, PLS 8233 Date; 7121l2025 s or c ° 4935-5599-2377.12 378683.00002/ -3- Page 166 1 d o a 4nlV3n V N-3yl177MV MO � T7'2` 1 M/& w41N^ C7 �qm• L Wy US �I U 0 L, ..� Z� J Q LLB q - 1 poi N w CD I w a _ < N 1J w ` N Lw "Q�� W n? W N U all V) CL q V g I ¢ 3 V) CC,¢ � N 4 ¢ � W II a \ I n o a 1 N d ` Z 1f f cj Q c II � a o w 3 3 3 3 ;, 3 I r•� b c ` S a rn o c� o ' a A W m E a a 2N maw mro dwN � L7L7 c° o `o tr rn o �b 4 a a a hm y -j ❑ I v N U LO a a cn a dry 4935-5599-2377.12 378683.00002/ -4- Page 167 EXHIBIT F TO GRANT DEED DESCRIPTION AND DEPICTION OF THE ADJACENT TRANSIT CENTER APN: 0209-272-11 & 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive, of Parcel Maps, in the Office of the County Recorder of said County, together with that portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County, described as follows: All that portion of said Parcel 15, together with all that portion of said Rancho Cucamonga Metrolink Station Phase I; Excepting therefrom that portion lying easterly of the following described line: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map: Thence along the easterly line of said Section 13, South 00°29'50" East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I: Thence along said easterly prolongation of said northerly line South 89143'55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 8914355 West 359.10 feet to the Point of Beginning; Thence South 00110'37" East 569.98 feet to the southerly line of said Parcel 15, also being the Paint of Terminus; Parcel contains 227,529 square feet, more or less. The bearings and distances used in the above description are based on the California Coordinate System of 1983, (CCS83), Zone 5, 2010.00 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibit `F-2' attached hereto and made a part hereof 4935-5599-2377.12 EXHIBIT F 378683.00002/ -I- Page 168 This real property description has been prepared by nte, or under my direction, in conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700). A� LAND � Sean M. Smith � No, 8233 Srgnatllre Scan M. Smith, PLS 8233 Date: 7/21/2025 4935-5599-2377.12 EXHIBIT F 378683.00002/ -2- Page 169 ca ct o 'aa, 3nNJA d N-3)f177/W ❑ O 1.7Jrm & WWWd Jn �,i O LL a o a Lr> z a a 86'699 3.,L£Ot.005 N Z � o � u O O Z n oQs, `ti� N y g oLO o //I C3 47 o0 rzy � n J � g Q 2 d d Ln Q rytn 2 o y U y m ° Cj m a � o Li a0. 4 4 a y $ 9 00 k CL O 4 4 Cl, 7 a061 4935-5599-2377.12 EXHIBIT F 378683.00002/ -3- Page 170 IN WITNESS WHEREOF, the undersigned Grantee does hereby agree to, as well as acknowledge and accept, the Grant Deed. , a Nevada limited liability company By: Sarah Watterson, ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On before me, , (insert name of notary) Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 4935-5599-2377.12 378683.00002/ -1- Page 171 EXHIBIT "D2" TO MILLIKEN TRIANGLE EASEMENT EXHIBIT 'DZ ' APN TYPE OF ESTATE AREA 4209-143-21, FEE TOTAL: 215,146 SF 0209-272-11 & 22 poc NORTHERLY LINE RANCHO CIUCAMONGA AT&SF RR PARCEL MAP NO. 14847 NE COR. METROLINK STARON PHASE 1 APN- 0209-143-21 PER P.M. 177 30-96 SEC. 13 PER DOC. NO. 94-04 09 793, O.R., _ REC. 10/06/1994 V3 N8775029"E 346-61' L 1 �L2 R1W pp +`IW—� —— J 3 NE CDR. - - APN: 0209-272-11 PHASE I LINE TABLE NO, BEARING DISTANCE W L I S0029 50 E 50.00, :� L2 S89'43'55'W 30.00' :z L3 S894355"W 12.83, f j L4 S46 4647'W 23 71' L5 NOO70'37'W 33.38' L61 500'0000"E 1 44.81' PARCELP�ASEL P ND514547\ P.JYl J77/9f1�96 J SEC 13 / \ 34' S,B.M. / � APN: 0209-272-22 � C ai LINE DEMARKS THE EXTERIOR 90UNDARIES OF THE EIGHT--FOOT-HIGH PARCEL EXCEP TED IN EX14I91 T A 1 \] O ti NORrHwESTERL r LINE PARCEL 15 U p J o I � ti �7 U I W N �\ I SOUTHERLY LINE PARCEL 15 CURVE TABLE NO, DELTA RA LENGTH Cl 29 43'40" 117.00' 60.71' C) S89 36 24"W 269,11' L4 CITY dF RANCHO CUCAMONGA - - Z- COLINTY OF SAN BERNARDINO AZUSA COURT LEGEND THIS PLAT WAS PREPARED ® CINDER MY DIRECTION Interest excepted in Exhibit 01 sEnrd u. sf+IrH ® * No.8233 Interest described in Exhibit ❑1 ° 7/21/2025 t'A 4 POC Point of Commencement 9 �' SEAN M. SMITH, PLS 8233 DATE �Q POB Point of Beginning OF CALF SCE Southern California Edison SF Square Feet FEET 0 50 100 200 400 PREPARED BY. PREPARED SCALE SHEET NO. TOTAL P S 0 M A S SY SHEETS 0650.splice smer,srra Sao Rpwwdr.Cd;fy,,jb 92.907 MN5 1"=100' 1 (95 f}7B7—B12r www.paomer.coon 1 EXHIBIT"D2"TO MILLIKEN TRIANGLE 4935-5599-2377.12 EASEMENT 378683.00002/ - I - Page 172 EXHIBIT "C-1" SITE PLAN [See attached] 4935-5599-2377.12 EXHIBIT"C-I" 378683.00002 -1- Page 173 Site Plan G, ,,und Level / P1 Parking Level FIRE APPARATUS STAGING LANE T - - . • EGRL'S WEPLATFQRM 11 ' EGRE53 3iAIR5 I In Rik,mmm o u I e I i ® 1 EXTENSIONOF • OF RESORT NORTH PROJECT (NOT PART OF THE IMPROVEMENTS)BRIGHTLINE WEST FUNDED ED I � • • • •- -. IIII i • BUSLOOP - �.»v��it►�f►a��i:_a:�:�•��Q�i t•1•�� � • I I I GRIMSHAW bri h ne BRIGHTLINE WEST SOCALSTATION/19/9TVA5 west Site Plan Concourse Level / P3 Parking Level -_- --_---------- _____-- - L - - - - - -- ---- -- - - - - - -- -� iExISIxJG AIEYRDLINK $VAFR ?A KiNp LDT TO E$ KERN "'L. I � .I VANO ljit-k 1 STATION P�A H��444 I H I 1-� 0 DV iM � � �_� ����~� I I�r��� ��� �•I ��1 �r..,i I i __ _ I I GRI+SGOPE OF WORK 4 . � II I . II GRIMSHAW br hh ne BRIGHTLINE WEST SOCALSTATION/19YR) 5 west Site Plan Typical Parking Level Plan P ❑ - - — _ _ _ _ _ — _ -I - - - 1 p _— o dMIMIT11 {fE �•D b z — 1 TII D �T . V - �� ;`\ . ■ E 1 F-A )AM \ GRIMSHAW bri h ne BRIGHTLINE WEST SOCALSTATION/19YR)A5 west EXHIBIT "C-2" PHASING SCHEDULE [See attached] 4935-5599-2377.12 EXHIBIT"C-2" 378683.00002 -1- Page 177 briqhj ne *40 west PR =CON CON ITIONS SOCAL PROJECT NO. ADDRESS EXISTING BUS LOOP 22052 PASSENGER FLOW ARCHITECT EXISTING STAIRS GRIMSHAW TO NORTH PLATFORM EXISTING STAIRS EXISTING RAMP GRIMSHINC. 471 T+1 323 471 6700 432 Colyton Street, Los TO SOUTH PLATFORM TO NORTH PLATFORM www.grimshaw.global Angeles,CA 90013, USA EXISTING RAMP EXISTING RAMP INTELLECTUAL PROPERTY ©Copyright Grimshaw Architects. Unless otherwise agreed in writing,all rights use this TO SOUTH PLATFORM TO SOUTH PLATFORM Q� •'''• GQ document are subject to payment in full l of all Grimshaw charges.This document may only be Q � C/� •J• used for the express purpose and project for which it has been created and delivered,as notified in writing by Grimshaw.This document may not be otherwise used,or copied.Any unauthorised use of 1 this document is at the user's sole risk and without v kill u4 , limiting Grimshaw's rights the user releases and _ „• —J indemnifies Grimshaw from and against all loss so - arising. -- _- - ❑ <_ _ J - DRAWING NOTICES Do not scale-all dimensions to be checked on - - _ _ ----- -------------------------- --- ------ - conjunction - - --- -------- ------- ---- ------ -- ------------------------- ----- - . - - - - ----- --__=--_- ------ - ------------ ----t--- - 1 - - --- be readm conjunction with consultant - --------- - It --------------------- - _ •,, Drawings to Grimshaw an specialist specifications. ions - ----------- information. on�u --- ------------------- ---- Q-- - - CLIENT • �\ BRIGHTLINE WEST \ - - - - - n O� O \ \ - - Structural Engineer - - - - - - - - - - - - - a a s \ a a &ASSOCIATES - - - - - - - - - _ _ - - - _ - 950 S Grand Ave JOHN A MARTIN -- - - - - - - - - - - - - - - - - Los Angeles,CA 90015 •� � a\ a a� • \ • •� a • aim - - - - - - - - - - - - - - - - - - - - - S ' - - - - - -- - - - - - ---- — — www.johnmartin.com Civil and Landscape KIMLEY-H RN O / i _ _ - - - - - - 660 South Figueroa Fig eroa Street,Suite 2050 O _ - - - - - - - _ -- - Los )Angeles,C A 90017 - 40-6777 www.kimley-horn.com o I - O ASPH III o .. �z , . , . EXISTING METROLINK � o O PARKING LOT B CONIC 332 _ / o v .� o v o ° -�o O0 ? ° � o o CONIC I / / co o EXISTING METROLINK o / ,? Qs - - - - - - - - � O - � PARKING LOTH 762 STALLS ASPH o S T ,!7 u I O ' ❑ •o I ASPH ❑ SPH ❑ o ❑ I W O CONC ASPH yy ASPH AZUSA CT _ _ _ _ - - - - - - - - - - - - - - - - - - GENERAL NOTE: CONSTRUCTION, WAYFINDING, AND OTHER NECESSARY SIGNAGE TO BE PROPOSED FOR REVIEW ® D a = AND APPROVAL BY THE CITY ENGINEER D cn ❑ D = Q Q PRIOR TO EACH SUB-PHASE. m 2 09.24.25 Enabling Works Progress 1 07.18.25 Enabling Works Progress REV DATE DESCRIPTION STAMP GENERAL NOTES ENABLING WORKS LEGEND TEMPORARY SIGNAGE LEGEND PARKING COUNT PUBLIC ACCESS PROPERTY LINE — — — — NEW UTILITIES M-01 TO NORTH PLATFORM LOT A - STANDARD 751 LOT A - ADA 11 _.._., CLOSED CONSTRUCTION AREA —••—••— CONSTRUCTION FENCE K-RAIL M-02 TO SOUTH PLATFORM LOT B - STANDARD 320 FOR INFORMATION ONLY ACCESSIBLE CONSTRUCTION AREA S. PLATFORM ACCESS EXISTING SCE DUCTBANK M-03 METRO PARKING LOT B - ADA 12 PROJECT DRAWN Author NUMBER CHECKED Checker 22052 SCALE 1" = 50'-0" OVERHEAD PROTECTION N. PLATFORM ACCESS EXISTING HYDRANT M-04 ADDITIONAL METRO PARKING TOTAL ADA STALLS 23 ISSUED STATUS ------------------ - - - - - - - - - - - - - STAGING AREA CONSTRUCTION ACCESS O RELOCATED HYDRANT M-05 TO STATION TOTAL STANDARD STALLS 1 ,071 09/24/25 G WORKS PROGRESS GRAND TOTAL 17094 DRAWING TITLE DEMO AREA BUS ACCESS TO BE RELOCATED M-06 TO PLATFORMS EXISTING SITE PLAN � - - - - - - - - - - � NORTH BUILDING OUTLINE IEUA SEWER NEW HYDRANT M-07 BUSES ONLY DRAWING NO. A00 =1 00=EW Page 178 RELOCATE EXISTING TRAIN TICKET ACCESS TO NORTH bri h ne MACHINE, PERMANENT LOCATION PLATFORM STAIRS HERE. TO BE IN USE DURING AND RAMP TO REMAIN west CONSTRUCTION PHAS 1AN SOCAL PROJECT NO. ADDRESS ACCESS TO SOUTH 22052 OFF-HOURS WORK TO BE DONE TO KEEP PLATFORM RAMP TO BUS LOOP ACCESS OPEN AT ALL TIMES REMAIN 3 MONTHS ARCHITECT DURING DAY. INTERIM CLOSURES USING RELOCATE EXISTING TV MONITOR, GRIMSHAW TYPE I, II, OR III BARRICADES, REFER TO PERMANENT LOCATION HERE. TO BE SHEET A01 -500-EW. IN USE DURING CONSTRUCTION GRIMSHAW, INC. T+1 323 471 6700 432 Colyton Street, Los www.grimshaw.global Angeles, CA 90013, RE-LOCATED METRO ACCESS TO SOUTH RELOCATE EXISTING PERMIT PARKING USA INTELLCTUALTY SCE EQUIPMENT PLATFORM RAMP AND KIOSK, TEMPORARY LOCATION HERE, / ©CopyrightGrimshaOwAcht cts. Unless STAIRS TO REMAIN TO BE IN USE DURING CONSTRUCTION document aresubecttong,all ntin toufall •,_, � document are subject to payment in full of all Grimshaw charges.This document may only be used for the express purpose and project for which _ -- it has been created and delivered,as notified in - / / writing by Grimshaw.This document may not be - - - - - - - T — J otherwise used,or copied.Any unauthorised use of II� this document is at the user's sole risk and without ` --- limiting Grimshaw's rights the user releases and ' - — indemnifies Grimshaw from and against all loss so - -------------------------------------------------------- arising. --------------- ---------- ----------- ° DRAWING NOTICES ---- Do not scale-all dimensions to be checked on -------- - - - - - = conjunction -•��-•�•-��-•�� � / / -•', ,•, / /' site Grimshaw drawings to be read in ----- ------- - � ._ •�-•• ' with Grimshaw and specialist specifications. - - - - - - - - - - - - - - - - - e read in conjunction with consultant - - - - - - - - - - �. Drawings n.b on u - - - - - - - - ---- / information. —\ CLIENT - — _�—_ _ �� � i '1 �I BRIGHTLINE WEST e r � I I � / � � � � � Structural Engineer —- - - - - - - - - T/I --�� U I II I • � / / - JOHN A MART IN&AS SOCIATES V 950 S Grand Ave . Los Angeles,CA 90015TILITIES CLOSED. • 000000,000000 ~• -----------•••---�-f• , ` ` 83- 6490 �• www.johnmartin.com CONSTRUCTION AREA / l Civil and Landscape KIMLEY-HORN Z \\ \ I I I / 660 South Figueroa Street,Suite 2050 Los Angeles,CA 90017 (626)840-6777 www.kimley-horn.com EXISTING METROLINK PARKING LOT B ;� / •� EXISTING IEUA / • ' SEWER LINE 332 STALLS - �•• - / / i /,; ❑ �•• PROPOSED UTILITIES CONSTRUCTION STAGING OFF-SITE �� ° •• / O � / EXISTING METROLINK CONSTRUCTION FENCE ENCLOSURE, _ PARKING LOT A " REFER TO SHEET A01 -500-EW. 572 STALLS EXISTING SCE DUCT BANK T asses. CONSTRUCTION ENTRY / EXIT C, ❑ w 0 I :_ �, ICI • ; I I I AVAILABLE SPACES EXCEEDS MINIMUM ° ® OF 400 AT ALL TIMES. \ O 1 I 1 � yy II II 1 II II I I ."•. . I I AZUSA CT II II II , I I GENERAL NOTE: CONSTRUCTION, WAYFINDING, AND OTHER NECESSARY I I I I SIGNAGE TO BE PROPOSED FOR REVIEW ® AND APPROVAL BY THE CITY ENGINEER � ❑ D PRIOR TO EACH SUB-PHASE. _m r 2 09.24.25 Enabling Works Progress 1 07.18.25 Enabling Works Progress REV DATE DESCRIPTION STAMP GENERAL NOTES ENABLING WORKS LEGEND TEMPORARY SIGNAGE LEGEND PARKING COUNT PHASE 1 SUMAMRY PUBLIC ACCESS PROPERTY LINE — — — — NEW UTILITIES M-01 TO NORTH PLATFORM LOT A - STANDARD 572 • EXISTING UTILITIES RELOCATION LOT A - ADA 0 -----• CLOSED CONSTRUCTION AREA —••—••— CONSTRUCTION FENCE K-RAIL M-02 TO SOUTH PLATFORM LOT B - STANDARD 320 • INDUSTRIAL SEWER RELOCATION LOT B - ADA 12 FOR INFORMATION ONLY • FIBER OPTICS COMMS LINE RELOCATION ACCESSIBLE CONSTRUCTION AREA S. PLATFORM ACCESS ••••••••••• EXISTING SCE DUCTBANK M-03 METRO PARKING PROJECT DRAWN Author NUMBER CHECKED Checker 22052 SCALE 1" = 50'-0" • WORK AREA WILL BE FENCED OFF DURING CONSTRUCTION OVERHEAD PROTECTION N. PLATFORM ACCESS EXISTING HYDRANT M-04 ADDITIONAL METRO PARKING TOTAL ADA STALLS 12 STATUS ISSUED • PROGRESS FROM EAST TO WEST, OR WEST TO EAST PENDING TOTAL STANDARD STALLS 892 ENABLING WORKS PROGRESS UTILITY AND FINAL DESIGN STAGING AREA CONSTRUCTION ACCESS O RELOCATED HYDRANT M-05 TO STATION 09/24/25 • ACCESS TO METROLINK PLATFORMS, RAMPS, STAIRS, GRAND TOTAL 904 DRAWING TITLE BUS DROPOFF, PARKING, AND TICKET KIOSKS TO REMAN DEMO AREA BUS ACCESS TO BE RELOCATED M-06 TO PLATFORMS EXISTING SITE PLAN - PHASE 1A • TEMPORARY SIGNAGE FOR METROLINK PASSANGERS � - - - - - - - - - - � BUILDING OUTLINE IEUA SEWER NEW HYDRANT M-07 BUSES ONLY NORTH DRAWING NO. AOO =101 =EW1 Page 179 CONSTRUCTION FENCE RELOCATE EXISTING TRAIN TICKET ACCESS TO NORTH briqhone ENCLOSURE, REFER TO MACHINE, PERMANENT LOCATION PLATFORM STAIRS SHEET A01 -500-EW. HERE. TO BE IN USE DURING AND RAMP TO REMAIN west CONSTRUCTION PHAS 1 ■ SOCAL PROJECT NO. ADDRESS ACCESS TO SOUTH 22052 CONSTRUCTION OFF-HOURS WORK TO BE DONE TO KEEP PLATFORM RAMP TO ENTRY / EXIT BUS LOOP ACCESS OPEN AT ALL TIMES REMAIN ■ 5 MONTHS ARCHITECT DURING DAY. INTERIM CLOSURES USING RELOCATE EXISTING TV MONITOR, GRIMSHAW TYPE I, II, OR III BARRICADES, REFER TO PERMANENT LOCATION HERE. TO BE SHEET A01 -500-EW. IN USE DURING CONSTRUCTION GRIMSHAW, INC. T+1 323 471 6700 432 Colyton Street, Los www.grimshaw.global Angeles, CA 90013, RE-LOCATED METRO ACCESS TO SOUTH RELOCATE EXISTING PERMIT PARKING USA INTELLCTUALTY SCE EQUIPMENT PLATFORM STAIRS TO KIOSK, TEMPORARY LOCATION HERE, ©CopyrightGrimshaOwAcht cts. Unless REMAIN TO BE IN USE DURING CONSTRUCTION - otherwise agreed in writing,all rights to use this document are subject to payment in full of all Grimshaw charges.This document may only be used for the express purpose and project for which \\, - -------- it has been created and delivered,as notified in - - - � T ------ -- � writing by Grimshaw.This document may not be _ — J otherwise used,or copied Any unauthorised use of mom I�— ----- F this document is at the user's sole risk and without ` _____ --- limiting Grimshaw's rights the user releases and - — indemnifies Grimshaw from and against all loss so 0 L ----------------------- arising --------------- i --- -- --- o DRAWING NOTICES -- ---------- Do not scale-all dimensions to be checked on - - - -- - - ------ ------- coon � site Grimshaw drawings to be read in conjunction ----- _ . Drawings to e read in conjunction with consultant �— -- with Grimshaw and specialist specifications - ------------------------------ —�— -- - - information 7L_T_ or_- -- -- - ---= CLIENT i ;' BRIGHTLINE WEST sop is a� ► a\ ` a `- I ' ��-- — — — — — — Structural Engineer �\ - - - - - -��--- - - - - 7 — UTI LITI ES - - - - - - : 1 �' - - - �'"------------------- -� &ASSOCIATES - - Grand Ave • •. JOHN I 950 S — �\ \ ` / -- - -_ \- Los Angeles,CA 90015 CONSTRUCTION AREA a _ j r � �- (213)4836490 - - - -= •---••-••• •--• •••••• •r- • •••q---• ---... ••-•••••• . .. .....was • • --•••••• • •• ••••••• • •• -- - m � • � www.johnmartin.com Civil and Landscape KIMLEY ••�--�•• �••� •- �••�•�-•�•�•-�--�••�--�--�-•�••�-• ❑ I • I -HORN 660 Sou •\\� � \ � � 60 South Figueroa Street,Suite 2050 _ Los Angeles,CA 90017 — (626)840-6777 www.kimley-horn.com EXISTING METROLINK EXISTING IEUA PARKING LOT B SEWER LINE 260 STALLS i i • PROPOSED UTILITIES CONSTRUCTION STAGING OFF-SITE EXISTING METROLINK PARKING LOT A , , , 762 STALLS` EXISTING SCE DUCT BANK • T O C, D o o — ° z w __J Y • AVAILABLE SPACES EXCEEDS MINIMUM ° ® OF 400 AT ALL TIMES. X O � yy AZUSA CT GENERAL NOTE: CONSTRUCTION, WAYFINDING, AND OTHER NECESSARY SIGNAGE TO BE PROPOSED FOR REVIEW ® AND APPROVAL BY THE CITY ENGINEER ❑ z PRIOR TO EACH SUB-PHASE. z � , _m r 2 09.24.25 Enabling Works Progress 1 07.18.25 Enabling Works Progress REV DATE DESCRIPTION STAMP GENERAL NOTES ENABLING WORKS LEGEND TEMPORARY SIGNAGE LEGEND PARKING COUNT r PHASE 1 SUMAMRY PUBLIC ACCESS PROPERTY LINE - - - - NEW UTILITIES M-01 TO NORTH PLATFORM LOT A - STANDARD 751 • EXISTING UTILITIES RELOCATION LOT A - ADA 11 _--_-- CLOSED CONSTRUCTION AREA —••-••— CONSTRUCTION FENCE K-RAIL M-02 TO SOUTH PLATFORM LOT B - STANDARD 260 • INDUSTRIAL SEWER RELOCATION FOR INFORMATION ONLY • FIBER OPTICS COMMS LINE RELOCATION ACCESSIBLE CONSTRUCTION AREA S. PLATFORM ACCESS ••••••••••• EXISTING SCE DUCTBANK M-03 METRO PARKING LOT B - ADA 0 PROJECT DRAWN Author NUMBER CHECKED Checker 22052 SCALE 1" = 50'-0" • WORK AREA WILL BE FENCED OFF DURING CONSTRUCTION OVERHEAD PROTECTION N. PLATFORM ACCESS EXISTING HYDRANT M-04 ADDITIONAL METRO PARKING TOTAL ADA STALLS 11 STATUS ISSUED • PROGRESS FROM EAST TO WEST, OR WEST TO EAST PENDING TOTAL STANDARD STALLS 1 ,011 ENABLING WORKS PROGRESS UTILITY AND FINAL DESIGN STAGING AREA CONSTRUCTION ACCESS O RELOCATED HYDRANT M-05 TO STATION 09/24/25 • ACCESS TO METROLINK PLATFORMS, RAMPS, STAIRS, GRAND TOTAL 19022 DRAWING TITLE BUS DROPOFF, PARKING, AND TICKET KIOSKS TO REMAN DEMO AREA BUS ACCESS TO BE RELOCATED M-OG TO PLATFORMS EXISTING SITE PLAN - PHASE 113 • TEMPORARY SIGNAGE FOR METROLINK PASSANGERS � - - - - - - - - - - � BUILDING OUTLINE IEUA SEWER NEW HYDRANT M-07 BUSES ONLY NORTH DRAWING NO. A00 =1 02=EW1 Page 180 briqhj ne *40 west PHAS 1A & 1 SOCAL PROJECT NO. ADDRESS 22052 4 . 5 MONTHS ARCHITECT GRIMSHAW GRIMSHAW, INC. T+1 323 471 6700 432 Colyton Street, Los www.grimshaw.global Angeles, CA 90013, USA INTELLECTUAL PROPERTY V ; ©Copyright Grimshaw Architects. Unless otherwise agreed in writing,all rights to use this - document are subject to payment in full of all Grimshaw charges.This document may only be i used for the express purpose and project for which it has been created and delivered, s notified- - - - - - - - - - - - - - 1 writing by Grimshaw.This document be - - - - - - - - - / ---- J otherwise used,or copied.Any unauthorised use of P 1 F this document is at the user's sole risk and without O - --- limiting Grimshaw's rights the user releases and indemnifies Grimshaw from and against all loss so arising. I ------------- ----------- - - - - - - - - - ------------------------- ----------------------- _ DRAWING NOTICES _ �••�• Do not scale-all dimensions to be checked on :— --------------- coon •• � be i conjunction with consultant __ site. Grimshaw drawings o e read in conjunction _ _ •. •�••• with Grimshaw and specialist specifications --------------- 0 �� �� '� Drawings to read�n onjun � n �t cons Ita E-09 ---------------------------- — _ information. CLIENT BRIGHTLINE WEST A Structural Engineer UTILITIES / S S \ 950 S Grand Ave &ASSOCIATES E-07 E-06 S A�S I • Los Angeles,CA 90015 CONSTRUCTION AREA • (213)483-6490 www.johnmartin.com o • •• / Civil and Landscape E-0 1 UTILITIES 660 South 660 South Figueroa Street,Suite 2050 • / Los Angeles,CA 90017 - �..—..J CONSTRUCT AREA I C O www. imley- o •./ � v • www.ki m I ey-horn.com E-06 EXISTING METROLINK PARKING LOT B E-02 / ° •• / E-02 o E-03 EXISTING METROLINK PARKING LOT A I I I I \ �Gs i� a o C,, D I 0 _J ° ❑ ❑ ❑ v Y ❑ ❑ X O E-09 o yY E-06 AZUSA CT GENERAL NOTES: 1 . CONSTRUCTION, WAYFINDING, AND OTHER NECESSARY SIGNAGE TO BE PROPOSED FOR ® REVIEW AND APPROVAL BY THE CITY ❑ D ENGINEER PRIOR TO EACH SUB-PHASE. m 2. SIGNAGE RELOCATION TO MEET SCRRA DESIGN CRITERIA MANUAL, VIF. r 2 09.24.25 Enabling Works Progress 1 07.18.25 Enabling Works Progress REV DATE DESCRIPTION STAMP ENABLING WORKS LEGEND SIGNAGE LEGEND PARKING SUMMARY PUBLIC ACCESS M-XX TEMPORARY METROLINK SIGNAGE E-XX EXISTING SBCTA SIGNAGE N-XX NEW REGULATORY SIGNAGE • PHASE 1A: 904 STALLS CLOSED CONSTRUCTION AREA (TO BE RELOCATED PER PHASE) ••� • PHASE 1 B: 1 ,022 STALLS M-01 ACCESSIBLE CONSTRUCTION AREA TO NORTH PLATFORM M-07 BUSES ONLY E-01 PAY MACHINE E-07 NO SMOKING N-01 DO NOT ENTER FOR INFORMATION ONLY PROJECT DRAWN Author M-02 TO SOUTH PLATFORM E-02 NO PARKING, LOADING ZONE E-08 NO SKATING N-02 STOP SIGN 22052R CHECKED Checker OVERHEAD PROTECTION SCALE 1" = 50'-0" ISSUED M-03 METRO PARKING E-03 NO PARKING, ANYTIME E-09 24 HR N-03 TWO WAY TRAFFIC STATUS STAGING AREA SURVEILLANCE ENABLING WORKS PROGRESS 09/24/25 r - - - - - - - - - - i M-04 ADDITIONAL METRO PARKING E-04 OMNITRANS N-04 MERGE DRAWING TITLE L _ _ _ _ _ _ _ _ _ _ BUILDING OUTLINE SIGNAGE SITE PLAN - PHASE M-05 TO STATION E-05 ONE WAY 1A & B PROPERTY LINE NORTH —••—••—••—••— BARRICADE M-06 TO PLATFORMS E-06 PERMIT PARKING ZONE DRAWING NO. A00 =1 03=EW1 Page 181 • RELOCATE EXISTING TRAIN TICKET EXISTING STAIRS AND RAMP briqh.One MACHINE, PERMANENT LOCATION TO NORTH PLATFORM west HERE. TO BE IN USE DURING PHAS SOCAL CONSTRUCTION TEMP RAMP CONSTRUCTION PROJECT NO. ADDRESS 22052 EXISTING STAIRS EXISTING RAMP 2 =3 MONTHS ARCHITECT TO SOUTH PLATFORM TO SOUTH PLATFORM RELOCATE EXISTING TV MONITOR, GRIMSHAW PERMANENT LOCATION HERE. TO BE GRIMSHAW, INC. N USE DURING CONSTRUCTION T+1 323 471 432 Colyton Street, Los www.grimshaw.glo.global Angeles, CA 90013, USA RE-LOCATED METRO EXISTING RAMP RELOCATE EXISTING PERMIT PARKING / / INTELLECTUAL PROPERTY S / / / / ©Copyright Grimshaw Architects. Unless otherwise agreed in writing,all rights to use this SCE EQUIPMENT TO SOUTH PLATFORM KIOSK, TEMPORARY LOCATION HERE, ••< document are subject to payment in full of all TO BE IN USE DURING CONSTRUCTION i i Grimshaw charges.This document may only be -- -- / used for the express purpose and protect for which =, / / it has been created and delivered as notified in iting w. s document may not \' \ •, ` ________ this document at k d without `_" " ' trherwibe used,or copied.Any unauthorised be of \ / h __ F ---- is ocumen is a e user's sole risk an wi ou ------ - - - - - - limiting Grimshaw's rights the user releases and -- indemnifies Grimshaw from and against all loss so ------- -- ----------- arising. - ---- DRAWING NOTICES M-01 ____ -- - , �� Do not scale all dimensions to be checked on --- -- ---- / coon ---- site Grimshaw drawings to be read in conjunction with Grimshaw and specialist specifications. - - i� , ;: -- -- - - - _ — — i � � � .•",; � � Drawings to be read in conjunction with consultant - - _ — • information. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - � —_\ _ �lr ' ----- - --�- - - - - - - - -�', - - - - - - - ��, - CLIENT 1 y BRIGHTLINE WEST _ F Structural Engineer a a a a a s a A4, a s `, � _ JOHN A MARTIN&ASSOCIATES � � �- .•�, 950 S Grand Ave �` 41_1(z) i •• _� I c, j -; Los Angeles,CA 90015 < • F7� I / � � `, '„'� � � (213)483-6490 www.oh rf n.com 1 nma i `� � � � Civil and Landscape — -- -- — — — �a KIMLEY-HORN 660 South Figueroa Street,Suite 2050 Los Angeles,CA 90017 (626)840-6777 �I � www.kimley-horn.com i 0-202-EWEl S i EXISTING METROLINK CONSTRUCTION ❑ PARKING LOT B = ENTRY t' / EXIT 332 STALLS o 0 0 ❑ - : �� O ❑ ;� I ,'.;� / CONSTRUCTION FENCE ENCLOSURE, REFER TO SHEET A01 -500-EW. CONSTRUCTION a , STAGING OFF-SITE -- O I EXISTING METROLINK I / = OFF-HOURS WORK TO BE DONE FOR PARKING LOT A ACCESS TO ADA STALLS TO REMAIN V ❑ 4 605 STALLS INTERIM, SEQUENTIAL CLOSURES WITHIN ACCESSIBLE CONSTRUCTION AREA ------ / / BOUNDARY. ACCESS TO METROLINK 10 --------------------------- PARKING, RAMPS, STAIRS, AND BUS I T LOOP TO REMAIN OPEN AT ALL TIMES. PARKING ACCESS INTERIM CLOSURES USING TYPE I, II, OR Gs ❑ I / / / / III BARRICADES, REFER TO SHEET A01 -500-EW. PEDESTRIAN PATH - INTERCEPT EXISTING 12 HDPE OF TRAVEL TO SOUTH LINE IN BOTTOM OF TUNNEL & I ❑ 6 / / /Q/ AVAILABLE SPACES EXCEEDS MINIMUM PLATFORM `� ❑ •------------ INSTALL TEMP. SUMP PIT & _----� � -------------------PUMP. HIGHLINE DISCHARGE y / ❑ / / /Y OF 400 AT ALL TIMES. PIPING ALONG INSIDE FACE PEDESTRIAN PATH ❑ • / / / OF RAMP & DISCHARGE IN OF TRAVEL TO NORTH i CURB FACE PLATFORM CONSTRUCTION FENCE ENCLOSURE, B REFER TO SHEET A01 -500-EW. O FENCED AREA FOR EQUIPMENT AND MATERIAL STORAGE -- - - - - I I I PARKING ACCESS ------------ ago do 8' - 0" 271 - 01 I I I I RELOCATE EXISTING PERMIT AZUSA CT LANDING RUN , PARKING KIOSK, TEMPORARY LOCATION HERE, TO BE IN USE I GENERAL NOTE. CONSTRUCTION, DURING CONSTRUCTION \ I I I I I I I WAYFINDING, AND OTHER NECESSARY SI'Al So CONSTRUCT NEW % I NA E TO BE PROPOSED FOR REVIEW SEGMENT OF RAMP I I I I AND APPROVAL BY THE CITY ENGINEER CONSTRUCTION z PRIOR TO EACH SUB-PHASE. BARRICADE _ S, m SAFE OFF SYSTEMS. RE-LOCATE TICKET MACHINE AND MONITORS TO NORTH PLATFORM. r RE-LOCATE SUMP DISCHARGE. REMOVE CANOPY STRUCTURE. 2 09.24.25 Enabling Works Progress 1 07.18.25 Enabling Works Progress REV DATE DESCRIPTION STAMP GENERAL NOTES ENABLING WORKS LEGEND TEMPORARY SIGNAGE LEGEND PARKING COUNT PHASE 2 SUMAMRY PUBLIC ACCESS PROPERTY LINE — — — — NEW UTILITIES M-01 TO NORTH PLATFORM LOT A - STANDARD 594 • SAFE OFF SYSTEMS LOT A - ADA 11 _.._., CLOSED CONSTRUCTION AREA —••—••— CONSTRUCTION FENCE K-RAIL M-02 TO SOUTH PLATFORM LOT B - STANDARD 320 • RE-LOCATE TICKET MACHINES AND MONITORS LOT B - ADA 12 FOR INFORMATION ONLY • RE-LOCATE SUMP DISCHARGE ACCESSIBLE CONSTRUCTION AREA S. PLATFORM ACCESS EXISTING SCE DUCTBANK M-03 METRO PARKING PROJECT DRAWN Author NUMBER CHECKED Checker 22052 SCALE As indicated • REMOVE METE RAM CANOPY STRUCTURE ������ OVERHEAD PROTECTION N. PLATFORM ACCESS 0 EXISTING HYDRANT M-04 ADDITIONAL METRO PARKING TOTAL ADA STALLS 23 ISSUED • RECONFIGURE RAMP TO TUNNEL STATUS TOTAL STANDARD STALLS 914 ENABLING WORKS PROGRESS • DEMO EXISTING PLANTER ISLANDS IN LOT A __ _ _ _ _ _ _ ___ ___ ___ _ STAGING AREA CONSTRUCTION ACCESS O RELOCATED HYDRANT M-05 TO STATION 09/24/25 GRAND TOTAL 1937 DRAWING TITLE • STRIPE TEMPORARY BUS LOOP WITHIN CONSTRUCTION ZONE DEMO AREA BUS ACCESS TO BE RELOCATED M-06 TO PLATFORMS OVERALL SITE PLAN - PHASE • PREP MILLIKEN LOT FOR FUTURE PHASE 3 r _ _ _ _ _ _ _ _ _ _ , *PARKING COUNT EXCLUDES STALLS WITHIN L - - - - - - - - - - J BUILDING OUTLINE IEUA SEWER 0 NEW HYDRANT M-07 BUSES ONLY NORTH 2 ACCESSIBLE CONSTRUCTION AREA. DRAWING NO. AOO =202=EW2 Page 182 briqhj ne *40 west PHAS 20 SOCAL PROJECT NO. ADDRESS 22052 2 =3 MONTHS ARCHITECT GRIMSHAW GRIMSHAW, INC. T+1 323 471 6700 432 Colyton Street, Los www.grimshaw.global Angeles, CA 90013, USA INTELLECTUAL PROPERTY ©Copyright Grimshaw Architects. Unless .-•� otherwise agreed in writing,all rights to use this j 0 document are subject to payment in full of all j Grimshaw charges.This document may only be j used for the express purpose and project for which it has been created and delivered,as notified in �/ - - -- ---- t writing y Grimshaw. is document may not e otherwise used,or copied Any unauthorised use of -XVIFF this document is at the user's sole risk and without -'- - _ _ _ _ _ limiting Grimshaw's rights the user releases and - -------- -- - indemnifies Grimshaw from and against all loss so arising. - - ----- ----------------- M-01 M-02 --------- - I ----- - - DRAWING NOTICES - ------- -s ---- conjunction ---- .�•�• Do enGrimshaw drawings dimensions in conjud on --- with Grimshaw and specialist specifications. — — ------- --- — — — — e read in conjunction with consultant ------ information. E-09 _ _ - Drawings to b - - - - - - - - - - - - - - - - - — — - - - - — — - - - - - - - - - - - - � - - � CLIENT _ BRIGHTLINE WEST T � �— \ StructuralEngineer --- ---- S S • , JOHN A MARTIN&ASSOCIATES S S •• I - - .",. 950 S Grand Ave E-07 E-06 • ---- Los Angeles,CA 90015 (213)483-6490 www.johnmartin.com Civil and Landscape E-01 KIMLEY-HORN \/ 660 South Figueroa Street,Suite 2050 E-09 / I Los Angeles,CA 90017 (626)840-6777 www.kimley-horn.com II E-06 EXISTING METROLINK PARKING LOT B E-04 I 0 I i I E-02 LI E-06 0 EXISTING METROLINK / 1 ' PARKING LOT A - u E-02 or G LJ O \ � T III y - a s ' I u Q _ � I y E-09 v - - • E-06 AZUSA CT ;y - GENERAL NOTES: - 1 . CONSTRUCTION, WAYFINDING, AND OTHER NECESSARY SIGNAGE TO BE PROPOSED FOR ® REVIEW AND APPROVAL BY THE CITY ❑ D ENGINEER PRIOR TO EACH SUB-PHASE. m 2. SIGNAGE RELOCATION TO MEET SCRRA DESIGN CRITERIA MANUAL, VIF. r 2 09.24.25 Enabling Works Progress 1 07.18.25 Enabling Works Progress REV DATE DESCRIPTION STAMP ENABLING WORKS LEGEND SIGNAGE LEGEND PARKING SUMMARY PUBLIC ACCESS IM-XXI TEMPORARY METROLINK SIGNAGE E-XX EXISTING SBCTA SIGNAGE N-XX NEW REGULATORY SIGNAGE • PHASE 2: 937 STALLS CLOSED CONSTRUCTION AREA (TO BE RELOCATED PER PHASE) ••� M-01 ACCESSIBLE CONSTRUCTION AREA TO NORTH PLATFORM M-07 BUSES ONLY E-01 PAY MACHINE E-07 NO SMOKING N-01 DO NOT ENTER FOR INFORMATION ONLY PROJECT DRAWN Author M-02 TO SOUTH PLATFORM E-02 NO PARKING, LOADING ZONE E-08 NO SKATING N-02 STOP SIGN 22052R CHECKED Checker OVERHEAD PROTECTION SCALE 1" = 50'-0" ISSUED M-03 METRO PARKING E-03 NO PARKING, ANYTIME E-09 24 HR N-03 TWO WAY TRAFFIC STATUS STAGING AREA SURVEILLANCE ENABLING WORKS PROGRESS 09/24/25 r - - - - - - - - - - i M-04 ADDITIONAL METRO PARKING E-04 OMNITRANS N-04 MERGE DRAWING TITLE L - - - - - - - - - - BUILDING OUTLINE SIGNAGE SITE PLAN - PHASE M-05 TO STATION E-05 ONE WAY 2 PROPERTY LINE NORTH —••—••—••—••— BARRICADE M-06 TO PLATFORMS E-06 PERMIT PARKING ZONE DRAWING NO. AOO =203=EW2 Page 183 RELOCATE EXISTING TRAIN TEMPORARY RAMP brigh4ne TICKET MACHINE, PERMANENT west LOCATION HERE. TO BE IN USE EXISTING RAMP PHAS 30 SOCAL DURING CONSTRUCTION TO NORTH PLATFORM PROJECT NO. ADDRESS 22052 CONSTRUCTION ENTRY/ EXIT EXISTING METROLINK PLATFORM, EXISTING RAMP ACCESS FROM LEASED STAIRS AND RAMP TO BE TO SOUTH PLATFORM 4 MONTHS ARCHITECT PROPERTY DEMOLISHED. PLATFORM TO BE RELOCATE EXISTING TV MONITOR, GRIMSHAW RE-BUILT IN PHASE 4 PERMANENT LOCATION HERE. TO BE GRIMSHAW, INC. N USE DURING CONSTRUCTION T+1 323 471 6700 432 Colyton Street, Los www.grimshaw.global Angeles, CA 90013, USA CONSTRUCTION FENCE LOT B BLOCKED OFF FOR RELOCATE EXISTING PERMIT PARKING / INTELLECTUAL PROPERTY ENCLOSURE, REFER TO SHEET USE WHILE CONSTRUCTING KIOSK, TEMPORARY LOCATION HERE, \ ©Copyright Grimshaw Architects. Unless / / �-�' / / otherwise agreed in writing,all rights to use this A01 -500-EW. PERMANENT BUS LOOP TO BE IN USE DURING CONSTRUCTION o documentaresubject to isdocu entmayonlll Grimshaw charges.This document may only be used for the express purpose and project for which it has been created and delivered,as notified in writing by Grimshaw.This document may not be A \ - - - - _ otherwise used,or copied.Any unauthorised use of this document is at the user's sole risk and without - limiting Grimshaw's rights the user releases and ---------------------------------------- indemnifies Grimshaw from and against all loss so ❑ \-�' ---------------------------- arising.--------- - ------------------ Do not scale-all dimensions to be checked on site. Grimshaw drawings to be read in conjunction . N ----- ----- - — _ _ i to be read in conjunction with consultant N - — — _ =— - / ' _ _ - Drawings with Grimshaw J _ - ;: i aw and specialist specifications. g on�u - - -- - • + �Tt•�laf — — � / / / / / information. \ � L - �---=i CLIENT I ,� WAR � L I T T / 4 BRIGHTLINE WEST ir 2 / / =- / / Structural Engineer / ♦ / _ JOHN A MARTIN&ASSOCIATES // ♦ / / • ' 00-302-Ew / / A / / 950 S Grand Ave / • / Los Angeles,CA 90015 `� (213)483 6490 — _ _ • - I ;=' www.johnmartin.com • I _ — _ _ — — — • _ _ _ _ p / / / / Civil and Landscape L� - - - - - - 5' _ 0" KIMLEY-HORN 660 South Figueroa Street,Suite 2050 Los Angeles,CA 90017 M-01 u_ i ' `\ • ' _ — — _ • \ / / / www.kimley-horn.com --------------------------- o tv 4 I 4 L _ J �' •• •• •• •• •• •• •• •• •• •• •• "� i / - � � - � � - J I � ,n' I � ---- _ / / K-RAIL DELINEATION TO SEPARATE BUS ZONE FROM TRAFFIC, REFER TO LOT B CLOSED DURING PHASE 3 i `� I ri � - - - � I � ____------- - SHEET A01 -500-EW.CONSTRUCTION • I I I 1 1 r I I I I L r I II 'o / CONSTRUCTION � � I � , � _ _ � _ � � t / / / / 8' W IDE CONTINOUS RAISED 1 I I II / / STAGING OFF-SITE i 1 1 i r - - r - � / / `. - / / ASPHALT PATH TO EXISTING CURB I ' 18'-0" � I I I ' �I TEMPORARY METROLINK CONSTRUCTION AREA � _,:�_ ' r / TEMPORARY ADA ACCESSIBLE DEMOLISH PLANTER ISLAND AND 2 - i i r i _ = i _ i �I PARKING LOT A / / / / tt .� _ _ •I M-o7 368 STALLS STALLS, CONSTRUCT DRIVE AISLE v � r _ � I BUS LOOP I I ACCESS FROM LOT B. I L L _ _ F _ OVERFLOW PARKING I i _ _ _ O II / / _ ' / / PAINTED TRAFFIC MARKINGS SITE PREP �� i i 0 r - - L - ' ' 15' - 0" 15' - 0 O r 1 / r - - � _ _ � _ � •I / / / TEMPORARY BUS PATH TEMPORARY K-RAIL T U J L TEMP 1 O TO OVERFLOW PARKING FROM i ! - � _ -1 ' so OFFICE LOT, REFER TO SHEET Gs9 r _ _ L _ WHEELSTOPS A01 -500-EW. - C�. L _ _ ON ------------ CONSTRUCTI r i - L / / TEMPORARY SIDEWALK i ENTRY / EXIT -- - - - - - - - - - - - - - - - - I� •I / / /�/ LOT A ENTRANCE TO BE WIDENED FOR BUS ACCESS METROLINK PARKING `. - - I �- I I I I M-03 AND BUS ENTRY / EXIT PEDESTRIAN PATH O I � I I ' OF TRAVEL TO SOUTH PLATFORM � I � I T 8' - 0" 27' - 0" PEDESTRIAN PATH • OF TRAVEL TO NORTH LANDING RUN PLATFORM - M_04 � M_�j M_05 I � AZUSA CT RELOCATE EXISTING PERMIT GENERAL NOTE: CONSTRUCTION, PARKING KIOSK, TEMPORARY LOCATION HERE, TO BE IN USE I I I I WAYFINDING, AND OTHER NECESSARY DURING CONSTRUCTION r- I SIGNAGE TO BE PROPOSED FOR REVIEW ® ( I I = AND APPROVAL BY THE CITY ENGINEER K-RAIL DELINEATION,REFER TO D I I SHEET A01-500-EW. ❑ z PRIOR TO EACH SUB-PHASE. m TEMPORARY RAMP CONSTRUCTED 1' 2 09.24.25 Enabling Works Progress 1 07.18.25 Enabling Works Progress REV DATE DESCRIPTION STAMP GENERAL NOTES ENABLING WORKS LEGEND TEMPORARY SIGNAGE LEGEND PARKING COUNT PHASE 3 SUMAMRY PUBLIC ACCESS PROPERTY LINE — — — — NEW UTILITIES M-01 TO NORTH PLATFORM TEMPORARY LOT A - STANDARD 357 • TEMPORARY BUS LOOP ON EAST SURFACE PARKING TEMPORARY LOT A - ADA 11 • BUILD PERMANENT RAMPS TO METROLINK PLATFORMS _.._.J CLOSED CONSTRUCTION AREA —••—••— CONSTRUCTION FENCE K-RAIL M-02 TO SOUTH PLATFORM FOR INFORMATION ONLY • UNDERGROUND UTILITIES IN CONSTRUCTION AREA ACCESSIBLE CONSTRUCTION AREA S. PLATFORM ACCESS ••••••••••• EXISTING SCE DUCTBANK M-03 METRO PARKING PROJECT DRAWN Author NUMBER CHECKED Checker • CONSTRUCT PERMANENT BUS LOOP AND PHASE 4 22052 SCALE As indicated TEMPORARY ADA PARKING , , OVERHEAD PROTECTION N. PLATFORM ACCESS EXISTING HYDRANT M-04 ADDITIONAL METRO PARKING STATUS ISSUED • OPEN METROLINK SURFACE LOT SOUTH OF AZUSA CT. _ _ _ _ _ _ TOTAL ADA STALLS 11 ENABLING WORKS PROGRESS = STAGING AREA CONSTRUCTION ACCESS O RELOCATED HYDRANT M-05 TO STATION 09/24/25 TOTAL STANADARD STALLS 357 DRAWING TITLE DEMO AREA BUS ACCESS TO BE RELOCATED M-06 TO PLATFORMS GRAND TOTAL 368 OVERALL SITE PLAN - PHASE 3 � _ _ _ _ _ _ _ _ _ _ � BUILDING OUTLINE IEUA SEWER 0 NEW HYDRANT M-07 BUSES ONLY NORTH DRAWING NO. AOO =302=EW3 Page 184 bfiqh4ne West PHASE 3 . SOCAL PROJECT NO. ADDRESS 22052 MONTHS ARCHITECT GRIMSHAW GRIMSHAW, INC. T+1 323 471 6700 432 Colyton Street, Los www.grimshaw.global Angeles, CA 90013, USA INTELLECTUAL PROPERTY ©Copyright Grimshaw Architects. Unless otherwise agreed in writing,all rights to use this \ - document are subject to payment in full of all Grimshaw charges.This document may only be used for the express purpose and project for which 1 it has been created and delivered,as notified in writing by Grimshaw.This document may not be i L] ••' � otherwise used,or copied Any unauthorised use of -------- this document is at the users sole risk and without --------- - limiting Grimshaw's rights the user releases and indemnifies Grimshaw from and against all loss so o arising. ------------------------- - - - - ---------- ----------------- M-02 --- - - -- - - - -- -- - - - - w drawings ere conjunction �� DRAWING NOTICES Do not scale all dimensions to be checked on - - --------- _ i to be read in c nction with consultant ;- with Grimshaw and specialist specifications. E-09 - ••�M��,.�..�..�« ��..�...�• - `-- \ information. Drawings conjunction - - - - - --- �a. �� � � �_—• 1L,� — — — — 1` _ -� � _ CLIENT / -- -_ \ CL �••�• •��t�.. _ _ — — — 1 E—Q$ 77 I IENT LINE WEST • _ _ _ — / \ Structural Engineer KE JOHN A MARTIN&ASSOCIATES `� // \♦ // / • / 950 S Grand Ave • v • I v ` / • M-01 E-04 E-02 p Los Angeles,CA 90015 _ /% \ (213)483-6490 www.johnmartin.com _ — — _ _ _ - — - E-01 • Civil andKIMLEY-HORN a e • I 660 South Fig Figueroa Street,Suite 2050 • Los Angeles,CA 90017 E_09 (626)840-6777 �\ • - - — — — — — — — — — — — — — — — - \/ / / , www.kimleyhorn.com 441 i I I H 4 i V _ "• - I LOT B TEMPORARILY BLOCKED r -0 OFF FOR USE - �� i i i = - i \ _ r - d I I I 11 r — — _ h I I I LJ r — — — � I • ' �, r � , I, CONSTRUCTION AREA ! TEMPORARY METROLINK / r ! PARKING LOT A / I M-07 i y r 1 OVERFLOW PARKING i L 4 i _ _ F _ �� I II..SITE PREP ° i r ' L _ JJ " LJ LI - - r - I - - — a • L _ J • 9� t- _ _ _ - - I b r � r I J • ' N-03 � N-02 ' - 1.. I E-03 M-03 AZUSA CT M-05 _ GENERAL NOTES: 1 . CONSTRUCTION, WAYFINDING, AND OTHER NECESSARY SIGNAGE TO BE PROPOSED FOR ® _ = REVIEW AND APPROVAL BY THE CITY ❑ ENGINEER PRIOR TO EACH SUB-PHASE. m 2. SIGNAGE RELOCATION TO MEET SCRRA DESIGN CRITERIA MANUAL, VIF. r 2 09.24.25 Enabling Works Progress 1 07.18.25 Enabling Works Progress REV DATE DESCRIPTION STAMP ENABLING WORKS LEGEND SIGNAGE LEGEND PARKING SUMMARY PUBLIC ACCESS M-XX TEMPORARY METROLINK SIGNAGE E-XX EXISTING SBCTA SIGNAGE N-XX NEW REGULATORY SIGNAGE • PHASE 3: 368 STALLS CLOSED CONSTRUCTION AREA (TO BE RELOCATED PER PHASE) ••� M-01 ACCESSIBLE CONSTRUCTION AREA TO NORTH PLATFORM M-07 BUSES ONLY E-01 PAY MACHINE E-07 NO SMOKING N-01 DO NOT ENTER FOR INFORMATION ONLY PROJECT DRAWN Author M-02 TO SOUTH PLATFORM E-02 NO PARKING, LOADING ZONE E-08 NO SKATING N-02 STOP SIGN 22052R CHECKED Checker OVERHEAD PROTECTION SCALE 1" = 50'-0" ISSUED M-03 METRO PARKING E-03 NO PARKING, ANYTIME E-09 24 HR N-03 TWO WAY TRAFFIC STATUS STAGING AREA SURVEILLANCE ENABLING WORKS PROGRESS 09/24/25 r - - - - - - - - - - i M-04 ADDITIONAL METRO PARKING E-04 OMNITRANS N-04 MERGE DRAWING TITLE L _ _ _ _ _ _ _ _ _ _ BUILDING OUTLINE SIGNAGE SITE PLAN - PHASE M-05 TO STATION E-05 ONE WAY 3 PROPERTY LINE NORTH —••—••—••—••— BARRICADE M-06 TO PLATFORMS E-06 PERMIT PARKING ZONE DRAWING NO. AOO =303=EW3 Page185 briqh.One *400 � PHAS SOCAL west 0 PROJECT NO. ADDRESS P122052 - MONTHS ARCHITECT GRIMSHAW RELOCATE EXISTING TRAIN RELOCATE EXISTING TV MONITOR, TICKET MACHINE, PERMANENT PERMANENT LOCATION HERE. TO GRIMSHAW, INC. T+1 323 471 6700 432 Colyton Street, Los LOCATION HERE. TO BE IN USE BE IN USE DURING CONSTRUCTION www.grimshaw.global Angeles, CA90013, USA DURING CONSTRUCTION ---------------- __ — --------- INTELLECTUAL PROPERTY - - -- ©Copyright Grimshaw Architects. Unless otherwise agreed in writing,all rights to use this document are subject to payment in full of all Grimshaw charges.This document may only be used for the express purpose and project for which it has been created and delivered,as notified in writing by Grimshaw.This document may not be -- ------ otherwise used,or copied.Any unauthorised use of IV - ------ __________ this document is at the user's sole risk and without -- limiting Grimshaw's rights the user releases and indemnifies Grimshaw from and against all loss so arising. DRAWING NOTICES —_— ��_ Do not scale-all dimensions to be checked on site. Grimshaw drawings to be read in conjunction with Grimshaw and specialist specifications. M-02 Drawings to be read in conjunction with consultant information. EXISTING METROLINK PLATFORM, ----- - - - - - CLIENT STAIRS AND RAMP TO BE ♦ `._. PEDESTRIAN PATH OF BRIGHTLINE WEST DEMOLISHED. PLATFORM TO BE ♦ 1 `� TRAVEL TO SOUTH PLATFORM _ _ Structural Engineer RE-BUILT IN PHASE 4 1 950 A MARTIN&ASSOCIATES S } 950 S Grand Ave ' \ I Los Angeles,CA 90015 2 3 483-6490 ---------__ www.johnmartin.com Civil and Landscape TEMPORARY RAMP 1 PEDESTRIAN PATH KIMLEY-HORN _ _ � 660 South Figueroa Street,Suite 2050 CONSTRUCTED 0" 7' - p O OF TRAVEL TO NORTH Los Angeles,CA 90017 � . - 2 „ - (626)840-6777 g� PLATFORM www.kimley-horn.com LANDING RUN ST ♦ - RELOCATE EXISTING PERMIT PARKING I KIOSK, TEMPORARY LOCATION HERE, : % TO BE IN USE DURING CONSTRUCTION I- - I O ♦ , r %% 1 ! 1 ♦ K-RAIL DELINEATION TO SEPARATE ftk - 011 BUS ZONE FROM TRAFFIC, REFER TO 1 I ♦ SHEET A01 -500-EW. I • 1 0 , / �, njX 8' WIDE CONTINOUS RAISED TEMP RAMP FROM I �\ ASPHALT PATH TO EXISTING CURB PARKING SURFACE I I � ' ` 1 I \ CONSTRUCTION FENCE GENERAL NOTE: ENCLOSURE, REFER TO ACCESS PATH OF TRAVEL IS BARRIER FREE ACCESS WITH AT SHEET A01 -500-EW. l LEAST 60" WIDE WITHOUT ANY ABRUPT VERTICAL CHANGES EXCEEDING 1/2" AT 1 :2 MAXIMUM SLOPE, EXCEPT THAT LEVEL 01 '� 1 CHANGES DO NOT EXCEED 1/4" VERTICAL. MAXIMUM CROSS SCTION SLOPE IS 2 /o TYPICAL AND MAX. SLOPE IN THE 'lb 1 DIRECTION OF TRAVEL IS 5% UNLESS OTHERWISE NOTED. ' 1 I THE CONTRACTOR SHALL, AT ENABLING WORKS PHASES, ' 1 1 VERIFY THAT THE INDICATED PATH OF TRAVEL HAD BEEN I I CONSTRUCTED WITHOUT BARRIERS. PATH OF TRAVEL IS TO ' I - 1 _ 0 11 MEET 2010 STANDARDS FOR ACCESSIBLE DESIGN, CBC, TITLE I I 15 81 _ 011; 1 ♦ 24, PART 2/ PART 2.5 ACCESSIBILITY AND THE SOUTHERN �NSTRUCTION CALIFORNIA REGIONAL RAIL AUTHORITY DESIGN CRITERIA. CO 1 � I I _ AREA WHEELSTOPS TEMP RAMP • 1 ' 1 I ' 1 I 2 09.24.25 Enabling Works Progress 1 1 07.18.25 Enabling Works Progress REV DATE DESCRIPTION STAMP GENERAL NOTES ENABLING WORKS LEGEND TEMPORARY SIGNAGE LEGEND PARKING COUNT PHASE 3 SUMAMRY PUBLIC ACCESS PROPERTY LINE — — — — NEW UTILITIES M-01 TO NORTH PLATFORM TEMPORARY LOT A - STANDARD 357 • TEMPORARY BUS LOOP ON EAST SURFACE PARKING TEMPORARY LOT A - ADA 11 • BUILD PERMANENT RAMPS TO METROLINK PLATFORMS _.._.J CLOSED CONSTRUCTION AREA —••—••— CONSTRUCTION FENCE K-RAIL M-02 TO SOUTH PLATFORM FOR INFORMATION ONLY • UNDERGROUND UTILITIES IN CONSTRUCTION AREA ACCESSIBLE CONSTRUCTION AREA S. PLATFORM ACCESS ••••••••••• EXISTING SCE DUCTBANK M-03 METRO PARKING PROJECT DRAWN Author NUMBER CHECKED Checker • CONSTRUCT PERMANENT BUS LOOP AND PHASE 4 TEMPORARY ADA 22052 SCALE As indicated PARKING , , OVERHEAD PROTECTION N. PLATFORM ACCESS EXISTING HYDRANT M-04 ADDITIONAL METRO PARKING ISSUED STATUS • OPEN METROLINK SURFACE LOT SOUTH OF AZUSA CT. TOTAL ADA STALLS 11 ENABLING woRlcs PROGRESS ------------------ STAGING AREA CONSTRUCTION ACCESS RELOCATED HYDRANT M-05 TO STATION 09/24/25 O TOTAL STANADARD STALLS 357 DRAWING TITLE DEMO AREA BUS ACCESS TO BE RELOCATED M-06 TO PLATFORMS GRAND TOTAL 368 ENLARGED PLAN TEMPORARY RAMP ACCESS � _ _ _ _ _ _ _ _ _ _ � BUILDING OUTLINE IEUA SEWER 0 NEW HYDRANT M-07 BUSES ONLY NORTH DRAWING NO. A01 =202=EW3 Page 186 • NEW PERMANENT RAMP TO SOUTH PLATFORM briqh4ne west CONSTRUCTION ENTRY/ RELOCATE EXISTING TRAIN TICKET PHAS AN SOCAL PROJECT NO. ADDRESS EXIT ACCESS FROM MACHINE, PERMANENT LOCATION HERE. TO 22052 LEASED PROPERTY BE IN USE DURING CONSTRUCTION NEW METROLINK RAMP TO NORTH PLATFORM 24 =27 MONTHS ARCHITECT GRIMSHAW CONSTRUCTION/FIRE RELOCATE EXISTING PERMIT OVERHEAD PROTECTION AND LIGHTING FOR METROLINK PLATFORM ACCESS, ENTIRE LENGTH OF GRIMSHAW, INC. ACCESS GATES, FLAGGERS WILL BE PARKING KIOSK, TEMPORARY SOUTH PLATFORM T+1 323 471 6700 432 Colyton Street, Los USED WHILE GATES ARE IN USE. LOCATION HERE, TO BE IN USE www.grimshaw.global Angeles, CA90013, USA DURING CONSTRUCTION RELOCATE EXISTING TV MONITOR, / / i INTELLECTUAL PROPERTY ©Copyright Grimshaw Architects. Unless PERMANENT LOCATION HERE. TO BE otherwise agreed in writing,all rights to use this document are subject to payment in full of all IN USE DURING CONSTRUCTION Grimshaw charges.This document may only be -• ' ' used for the express purpose and project for which it has been created and delivered,as notified in ., writing by Grimshaw.This document may not be — otherwise used,or copied Any unauthorised use of __ - ____________ ' ' '° this document is at the user's sole risk and without ------ limiting Grimshaw's rights the user releases and -- ----- ----- indemnifies Grimshaw from and against all loss so �� - arising v � N - _ DRAWING NOTICES --------- ---------------- iv '- _ _ — — Do not scale-all dimensions to be checked on ------------------� -- _ coon - ----- -- iv ••o�•�••� N i to be read in conjunction with consultant — — — _ site. Grimshaw drawings o e read in conjunction 0�00 �pwarke•_I, •�••�•• — — X�� — — _ _ — — — "1 — — — Drawings specialist specifications.i Grimshaw an s eci ications � ��/- — I � � � information. - t y — — — — —��. ,� �♦ • CLIENT .i�r�«�...�••'�'• ♦ I 2 I / „ `_ BRIGHTLINE WEST — — — I I 0402EW F- I Structural Engineer L L _ JOHN A MARTIN&ASSOCIATES L — — —L _ — — i 7 950 S Grand Ave Los Angeles,CA 90015 (213)483-6490 www.johnmartin.com • �— �— r — — — J / / Civil and Landscape ••�••� �• I - - _ � � - - — — — — — KIMLEYHORN 660 South Figueroa Street,Suite 2050 • -� 5, - 0„- — — I— L - - - - - - - - - - - T — — T - - - - - - Los Angeles,CA90017 VIADUCT CONSTRUCTION AREA M_06 r �, - -- - - L - - - - / / __ / / / www)kme67horncom 77 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 0 - - - - - - - - - - - , • APPROX 24 MONTHS . ,_ - - . --- ------------fi _ _-_-_-_-_=t==_=________________ �� • k - - - - - - - - VIADUCT ABOVE - - - - r T�' - - - - - - - - - - - - - - - - - -� - - - - � �_________- -- I --------------- VIADUCT COLUMN, TYP. q �I �_ - - II E==_� --- - - - - - - - - - - - - LOT - - - - B PARKING I - - - - I I I I� - ------- - — CONSTRUCTION ENTRY / EXIT BUS PARKING �136 STALLS / 11 Ilk LOOP TURNAROUND I ' CONSTRUCTION PERMANENT RAISED STAGING OFF-SITE CONCRETE WALK SURFACE I . RAISED TEMP CONCRETE WALK ' LL7 SURFACE AT BUS LO51 - 011 OP 26 - 0 24 - 0 50 - 0 I /U Joe •. � WHEEL STOPS OVERFLOW PARKING 76 STALLS ---------- M_03 I TEMPORARY i i 1 ' STATION AND PARKING PARKING O TEMPORARY K-RAIL TO SEPARATE M07 II 4 GARAGE CONSTRUCTION AREASTALLS OVERFLOW PARKING FROM / APPROX 27 MONTHS OFFICE LOT, REFER TO SHEET 'ems M-05 A01 -500-EW. I TEMPORARY BIKE LOCKERS ' I CONSTRUCTION FENCE ENCLOSURE, REFER TO SHEET A01 -500-EW. 1 I Z-/ , , , � \j � ° � n CONSTRUCTION ENTRY/EXIT ; � • a' / / _ RRFB ENHANCED PEDESTRIAN CONSTRUCTION ENTRY/EXIT CROSSWALK I M-05 M-03 - _ __ I / / / SOUTH SIDEWALK CLOSED ♦ _ � PEDESTRIAN PATH OF TRAVEL TO NORTH PLATFORM I •• � � I I I j ASPH CONC •• o PEDESTRIAN PATH O — — — - - - - - - - - - - - - - — — — — — — — — — — — J OF TRAVEL TO SOUTH 00 _ I I PLATFORM �•�• VIADUCT COLUMN I AZUSA CT I I I I STATION OUTLINE M-O3 I I � 8, - o„ I I I I GENERAL NOTE: CONSTRUCTION, WAYFINDING AND OTHER NECESSARY SIGNAGE TO BE PROPOSED FOR REVIEW D I AND APPROVAL BY THE CITY ENGINEER M-02 I ® z PRIOR TO EACH SUB-PHASE. co _m OVERHEAD PROTECTION I � r M-01 2 09.24.25 Enabling Works Progress 1 07.18.25 Enabling Works Progress REV DATE DESCRIPTION STAMP GENERAL NOTES ENABLING WORKS LEGEND TEMPORARY SIGNAGE LEGEND PARKING COUNT PHASE 4 SUMAMRY PUBLIC ACCESS PROPERTY LINE — — — — NEW UTILITIES M-01 TO NORTH PLATFORM TEMPORARY LOT B- STANDARD 136 • PERMANENT BUS LOOP IN PLACE OVERFLOW PARKING - STANDARD 76 • TEMPORARY ADA PARKING LOT ADJACENT NEW BUS LOOP _.._.. CLOSED CONSTRUCTION AREA —••—••— CONSTRUCTION FENCE K-RAIL M-02 TO SOUTH PLATFORM TEMPORARY PARKING - STANDARD 51 TEMPORARY PARKING - ADA 10 FOR INFORMATION ONLY • PROTECTED PASSAGE TO NEW METROLINK RAMPS WITH ACCESSIBLE CONSTRUCTION AREA S. PLATFORM ACCESS ••••••••••• EXISTING SCE DUCTBANK M-03 METRO PARKING PROJECT DRAWN Author OVERHEAD PROTECTION NUMBER CHECKED Checker 22052 SCALE As indicated • USE METROLINK SURFACE LOT SOUTH OF AZUSA CT. OVERHEAD PROTECTION N. PLATFORM ACCESS 0 EXISTING HYDRANT M-04 ADDITIONAL METRO PARKING TOTAL ADA STALLS 10 ISSUED • CONSTRUCT VIADUCT, STATION BUILDING, AND PARKING GARAGE TOTAL STANDARD STALLS 263 STATUS ENABLING WORKS PROGRESS -----------------= STAGING AREA CONSTRUCTION ACCESS O RELOCATED HYDRANT M-05 TO STATION 09/24/25 GRAND TOTAL 273 DRAWING TITLE DEMO AREA BUS ACCESS TO BE RELOCATED M-06 TO PLATFORMS OVERALL SITE PLAN - PHASE 4 � _ _ _ _ _ _ _ _ _ _ � NORTH BUILDING OUTLINE IEUA SEWER NEW HYDRANT M-07 BUSES ONLY DRAWING NO. AOO =402=EW4 Page 187 briqhj ne *40 west PHAS AN SOCAL PROJECT NO. ADDRESS 22052 24 =27 MONTHS ARCHITECT GRIMSHAW GRIMSHAW, INC. T+1 323 471 6700 432 Colyton Street, Los www.grimshaw.global Angeles, CA 90013, USA INTELLECTUAL PROPERTY ©Copyright Grimshaw Architects. Unless otherwise agreed in writing,all rights to use this document are subject to payment in full of all ❑ Grimshaw charges.This document may only be i used for the express purpose and project for which it has been created and delivered,as notified in �— - - - writing by Grimshaw.This document may not be _-_ otherwise used,or copied.Any unauthorised use of 4 - - this document is at the user's sole risk and without ----_-- O --------- r limiting rims aws rights the user releases an indemnifies Grimshaw from and against all loss so -------------- arising. --------- - ---- ____--- - — — DRAWING NOTICES --- — — _---------- ------------- Do not scale-all dimensions to be checked on ---------- -------------------------- �•�••� / . .- site. Grimshaw drawings to be read in conjunction - - e read in conjunction with consultant ----------- ------------ •• - . with Grimshaw and specialist specifications —<��� _ � _ _ _ _ _ _ � _ _ � � ; Drawings to b on�u E-09 ••�•• `• _�� — — _ _ — — �/- — I information. ••�• CLIENT •�••�•+� •�• C ) � ) ♦` 1 I BRIGHTLINE WEST • _ I I _ _ _ _ — Structural Engineer JOHN A MARTIN&ASSOCIATES • I L _ --L _ _ ' 950 S Grand Ave • I Los Angeles,CA 90015 (213)483-6490 www.johnmartin.com • �) — _ _ J Civil and Landscape r L r • •�•� I _ _ _ _ 660 South Figueroa Street,Suite 2050 ! VIADUCT CONSTRUCTION AREA M_06 ! _ ` - - - - - - - - - % I _ _ _ Los Angeles, °17 — ' / / 6 • �- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -—_-—_-- - - - - - - - -� www.kimleyhorn.com APPROX 24 MONTHS k---- -------===t===________ -=- �--__ -__-�— __ ___ -_= ___ -_= ___� -__ =_ _— • o - - - - - - - - - - - - - - - - - - - - - - - - - - - -- ____—___ - - - - - - - - - - - - - - - - - - - - - - - - - - - - -� � � I II - --- - - - - - LOT B PARKING BUS E-08 -_- 1 ri, E-04 LOOP f - - - i I E_02 I I E-06 E-05 II i i OVERFLOW PARKING TEMPORARY E-__ J PARKING - - - - STATION AND PARKING r -- - GARAGE CONSTRUCTION AREA-07 1 P ti E-09 f=____ APPROX 27 MONTHS LJJ M-05 � � - - - - 1 0 E-06 M-05 M-03 ASPH CONIC •� IL — — — — — — — — — — — — — — — _ 0M�M M-04 M-03 AZUSA CT F GENERAL NOTES: 1 . CONSTRUCTION, WAYFINDING, AND OTHER NECESSARY SIGNAGE TO BE PROPOSED FOR REVIEW AND APPROVAL BY THE CITY ® D ENGINEER PRIOR TO EACH SUB-PHASE. m 2. SIGNAGE RELOCATION TO MEET SCRRA DESIGN CRITERIA MANUAL, VIF. r 2 09.24.25 Enabling Works Progress 1 07.18.25 Enabling Works Progress REV DATE DESCRIPTION STAMP ENABLING WORKS LEGEND SIGNAGE LEGEND PARKING SUMMARY PUBLIC ACCESS M-XX TEMPORARY METROLINK SIGNAGE E-XX EXISTING SBCTA SIGNAGE N-XX NEW REGULATORY SIGNAGE • PHASE 4: 274 STALLS CLOSED CONSTRUCTION AREA (TO BE RELOCATED PER PHASE) ••� M-01 ACCESSIBLE CONSTRUCTION AREA TO NORTH PLATFORM M-07 BUSES ONLY E-01 PAY MACHINE E-07 NO SMOKING N-01 DO NOT ENTER FOR INFORMATION ONLY PROJECT DRAWN Author M-02 TO SOUTH PLATFORM E-02 NO PARKING, LOADING ZONE E-08 NO SKATING N-02 STOP SIGN 22052R CHECKED Checker OVERHEAD PROTECTION SCALE 1" = 50'-0" ISSUED M-03 METRO PARKING E-03 NO PARKING, ANYTIME E-09 24 HR N-03 TWO WAY TRAFFIC STATUS -- - - - - - - - - - - - - - STAGING AREA SURVEILLANCE ENABLING WORKS PROGRESS 09/24/25 r - - - - - - - - - - i M-04 ADDITIONAL METRO PARKING E-04 OMNITRANS N-04 MERGE DRAWING TITLE L _ _ _ _ _ _ _ _ _ _ BUILDING OUTLINE SIGNAGE SITE PLAN - PHASE M-05 TO STATION E-05 ONE WAY 4 PROPERTY LINE NORTH —••—••—••—••— BARRICADE M-06 TO PLATFORMS E-06 PERMIT PARKING ZONE DRAWING NO. AOO =403=EW4 Page 188 bfiqh4ne West �777=-e7 PHASE 40 SOCAL r ,a PROJECT NO. ADDRESS _. a4 CL TRACK - �° - -° = - " _ 22052 d ° d 8'-6" 3'-6" a q a a RELOCATE EXISTING TVM 0 S SCRRA TEMPORARY `�� _ = ARCHITECT a NTH MONITOR, PERMANENT 2 CLEARANCE PROFILE FOR 33'- 1 1/4" ° LOCATION HERE. TO BE IN USE GRIMSHAW a4 NEW CONSTRUCTION. a DURING CONSTRUCTION GRIMSHAW, INC. T+1 323 471 6700 432 Colyton Street, Los 7'-2" 20'-4" C L VIADUCT COLUMN www.grimshaw.global Angeles, CA 90013, USA TEMPK-RAIL FENCE RELOCATE EXISTING TRAIN � � � � � � � � � � � � � � � � � INTELLECTUAL PROPERTY N 4 —�— ©Copyright Grimshaw Architects. Unless TICKET MACHINE, PERMANENT - r ♦ otherwise agreed in writing,all rights to use this document are subject to payment in full of all SOUTH PLATFORM LOCATION HERE. TO BE IN USE _ Grimshaw charges.This document may only be ' used for the express purpose and project for which as° oa � � � � � � � � � it has been created and delivered,as notified in DURING CONSTRUCTION °d writing by Grimshaw.This document may not be ,- oth erwise used,or copied.Any unauthorised use of a - - - - - - this document is at the user's sole risk and without ° d \ limiting Grimshaw's rights the user releases and indemnifies Grimshaw from and against all loss so ' arising. ' DRAWING NOTICES Do not scale-all dimensions to be checked on site. Grimshaw drawings to be read in conjunction --- with Grimshaw and specialist specifications. Drawings to be read in conjunction with consultant y 1 2' - 011 / , - - - - - - - - information. SCRRA TEMPORARY CLEARANCE -------- CLIENT BRIGHTLINE WEST --------------- Structural Engineer N JOHN A MARTIN&ASSOCIATES 950 S Grand Ave SIM 2 ' � Los Angeles,CA 90015 1 --- 1 ———————————-- -------------- (213)483-6490 A 1-402-E 4 " X� X %�XXX� X � � � � �XXXXX � www.johnmartin.com N N —_ ----------------------------------- � � -- Civil and Landscape �. �..�.. ..�.. ..�..�..�..�.. KIMLEY-HORN . / A South Figueroa Street,Suite 2050 Los \ Los Angeles,CA 90017 --------- -- www.kimley-horn.com - .---. -• •• • _ —� _ — — — _ —�m — 411111111111, / \ • - - � � � -PEDESTRIAN PATH OF TRAVEL - - - - ' TO SOUTH PLATFORM 1 ) ` PEDESTRIAN PATH OF TRAVEL TO NORTH PLATFORM \ I , CONSTRUCTION AREA OVERHEAD PROTECTION IADUCT- - OVERHEAD PROTECTION 00 STOPS 35' AWAY FROM CENTER COLUMN OF VIADUCT COLUMN O L STATION OUTLINE 1 1 ( ) 81 - 0 ( ) LO CD , 8' - 0" 8' - 0" 8' - �"' i _ --- - GENERAL NOTE: -:-- ----:-- -� �- l �` -- CC ESS PATH OF TRAVEL IS BARRIER FREE I RELOCATE EXISTING PERMIT PARKING L _ _ _ _ _ _ I CCESS WITH AT LEAST 60" WIDE WITHOUT ANY PARKING KIOSK, TEMPORARY TURNAROUND ; __: � BRUPT VERTICAL CHANGES EXCEEDING 1/211 AT LOCATION HERE, TO BE IN USE 1 :2 MAXIMUM SLOPE, EXCEPT THAT LEVEL DURING CONSTRUCTION � L _ I CHANGES DO NOT EXCEED 1/4 VERTICAL. . • M 01 ! _ -GATE TYP. MAXIMUM CROSS SCTION SLOPE IS 2% TYPICAL • 1 I I 1 I ND MAX. SLOPE IN THE DIRECTION OF TRAVEL IS _ _ _ - - - - - 5% -UNLESS OTHERWISE NOTED, r _— M 06 J -_----- - - - ---------+_---------------------------THE CONTRACTOR SHALL, AT ENABLING WORKS- - - - - - - - - - - - - - -= ._. PHASES, VERIFY THAT THE INDICATED PATH OF -TRAVEL HAD BEEN CONSTRUCTED WITHOUT - - - - - - - - - - - - - - - - - - - - - - - - - - -_--_ _ - - - -- - - -- - - - - - - -- - - - BARRIERS. PATH OF TRAVEL IS TO MEET2010 :=--== =----------------------- - - STANDARDS FOR ACCESSIBLE DESIGN, CBC, ------------- =----------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- TEMPORARY TITLE 24, PART 2/ PART 2.5 ACCESSIBILITY AND - =-= _______________________ 1 _ _ _ _ _ _ _ _ _ _ I -r - --- --- -THE SOUTHERN CALIFORNIA REGIONAL RAIL 1 I PARKING ` CONSTRUCTION FENCE UTHORITY DESIGN CRITERIA. 1 61 STALLS I ENCLOSURE, REFER TO SHEET A01 -500-EW. -___________� , - - - - - - - - - - - - 13 - 0 1 BUS LOOP ' _ I 1 11 1 11 1 If WHEEL STOPS �-___ _-_� ' GARAGE OUTLINE 14 7 18 - 0 2 6 - 0 -18 - 0 ---------------------a - - I � 1 1 51 . 311 -_-__________ I 1 1 1 �_ - AREA 1 , 2 09.24.25 Enabling Works Progress 1 07.18.25 Enabling Works Progress REV DATE DESCRIPTION STAMP GENERAL NOTES ENABLING WORKS LEGEND TEMPORARY SIGNAGE LEGEND PARKING COUNT PHASE 4 SUMAMRY PUBLIC ACCESS PROPERTY LINE — — — — NEW UTILITIES M-01 TO NORTH PLATFORM TEMPORARY LOT B- STANDARD 136 • PERMANENT BUS LOOP IN PLACE OVERFLOW PARKING - STANDARD 76 • TEMPORARY ADA PARKING LOT ADJACENT NEW BUS LOOP _.._.. CLOSED CONSTRUCTION AREA —••—••— CONSTRUCTION FENCE K-RAIL M-02 TO SOUTH PLATFORM TEMPORARY PARKING STANDARD 51 FOR INFORMATION ONLY • PROTECTED PASSAGE TO NEW METROLINK RAMPS WITH ACCESSIBLE CONSTRUCTION AREA S. PLATFORM ACCESS ••••••••••• EXISTING SCE DUCTBANK M-03 METRO PARKING TEMPORARY PARKING - ADA 10 PROJECT DRAWN Author OVERHEAD PROTECTION NUMBER CHECKED Checker 22052 SCALE As indicated • USE METROLINK SURFACE LOT SOUTH OF AZUSA CT. OVERHEAD PROTECTION N. PLATFORM ACCESS EXISTING HYDRANT M-04 ADDITIONAL METRO PARKING TOTAL ADA STALLS 10 ISSUED STATUS • CONSTRUCT VIADUCT, STATION BUILDING, AND PARKING GARAGE TOTAL STANDARD STALLS 263 ENABLING WORKS PROGRESS ------------------� STAGING AREA CONSTRUCTION ACCESS O RELOCATED HYDRANT M-05 TO STATION 09/24/25 GRAND TOTAL 273 DRAWING TITLE DEMO AREA BUS ACCESS TO BE RELOCATED M-06 TO PLATFORMS ENLARGED PLAN TEMPORARY RAMP ACCESS � - - - - - - - - - - � NORTH BUILDING OUTLINE IEUA SEWER NEW HYDRANT M-07 BUSES ONLY DRAWING NO. A01 =402=EW4 Page 189 bfiqh4ne west SOCAL — — — — — — — — — — — — — — PROJECT NO. ADDRESS 22052 ARCHITECT ❑ EXISTING STAIRS TO NORTH PLATFORM GRIMSHAW GRIMSHAW, INC. T+1 323 471 6700 432 Colyton Street,Los www.grimshaw.global Angeles,CA 90013, EXISTING RAMP EXISTING STAIRS EXISTING RAMP USA TO SOUTH PLATFORM TO SOUTH PLATFORM TO NORTH PLATFORM INTELLECTUAL PROPERTY ©Copyright Grimshaw Architects. Unless otherwise agreed in writing,all rights to use this document are subject to payment in full of all Grimshaw charges.This document may only be used for the express purpose and project for which EXISTING RAMP it has been created and delivered,as notified in writing by Grimshaw.This document may not be otherwise used,or copied.Any unauthorised use of TO SOUTH PLATFORM this document is at the user's sole risk and without — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ^ limiting Grs Grim's rights the user releases and — � — ❑ v indemnifies Grimshaw from and against all loss so arising. ` — — — — — I❑❑� DRAWING NOTICES Do not scale-all dimensions to be checked on site.Grimshaw drawings to be read in conjunction - O / ` — — ❑ ` ` with Grimshaw and specialist specifications. Drawings to be read in conjunction with consultant ❑- - - - �- ❑ - - - - - �- - - - - - � - - - � _ _ J � information. CLIENT ❑ ❑ ❑ ❑ BRIGHTLINE WEST Structural Engineer JOHN A MARTIN&ASSOCIATES ` - - - - - - - - - - - - - - - - - - - - _ _ /- - 950S Grand Ave A90015 T S S, - S - ` - - - - - 0 Los Angeles,� _ (2�1�3)483-6490 .johnmartm.com - - - - - ❑ / Ci wvil and Landscape - - - - - - - - - OEM 660 Sot Figueroa Street, KIM LEY-HORN - - - - - - - - - - - - -' - - - - - - - �/- _ - _ _ - - - - � uh S ' — — — — — — — - -` - - - -� �-� - - - _ _ _ Los Angeles,CA 90017 m (626)840-6777 - - -- - - - - � - - - - � — — — — - - - - - - - - - - - - - - - - - - - - = www.kimley-horn.com O � O o 0 - SPH I EXISTING BUS LOOP O O � ASPH ❑ O EXISTING SITE PLAN - EW - METROLINK ACCESS 1"=20'-0" � o E F- O � / ❑ / NEW STAIRS TO SOUTH NEW RAMP TO SOUTH NEW RAMP TO NORTH PLATFORM PLATFORM / PLATFORM NEW STAIR TO NORTH PLATFORM 4/I ------------------------------------ --- =----- - - --- ------- ----77 - ---------- - - - -- - ----_� ------- ------ - - ---- - -- --- --- GENERAL NOTE: a ACCESS PATH OF TRAVEL IS BARRIER FREE ACCESS WITH AT 0 LEAST 60" WIDE WITHOUT ANY ABRUPT VERTICAL CHANGES '9 *9 � EXCEEDING 1/2" AT 1 :2 MAXIMUM SLOPE EXCEPT THAT LEVEL -- ------ ------------- - ©o ------- - - ---- ---- - ---- ---- ----- ---- - ----- ---- - ----- ------- ------------- ---- ----- ------------- ---------� --- - - - CHANGES DO NOT EXCEED 1/4" VERTICAL. MAXIMUM CROSS — — — — — — — — — — — SCTION SLOPE IS 2% TYPICAL AND MAX. SLOPE IN THE o \ 8'-6" ,s'-6�� DIRECTION OF TRAVEL IS 5% UNLESS OTHERWISE NOTED. i PATH OF TRAVEL IS TO MEET 2010 STANDARDS FOR O i — J _ � � ❑ �❑ Ipp, ACCESSIBLE DESIGN, CBC, TITLE 24, PART 2/ PART 2.5 ACCESSIBILITY AND THE SOUTHERN CALIFORNIA REGIONAL o ® - -- �/ ® �� + ❑® RAIL AUTHORITY DESIGN CRITERIA. REV DATE DESCRIPTION \ - STAMP � I O �� O 1 0 r i EGRESS LEGEND G G i ACCESSIBLE ACCESS FOR INFORMATION ONLY �► - ❑ SOUTH PLATFORM PROJECT DRAWN Author -� ��- _ _ ❑❑ NUMBER CHECKED Checker .O ❑ ❑ \ 22052 _ _ \ i � I . ❑❑❑O � \❑ SCALE As indicated --- � �� ❑ ❑ ISSUED 09/23/25 - O ❑ O ACCESSIBLE ACCESS �� ��� �.0,O❑O ❑� STATUS ❑❑ ��� �A0 \ NORTH PLATFORM � ❑� ❑� -_ - - � �❑ ❑�� ENABLING WORKS PROGRESS �����❑���❑ � 09/24/25 DRAWING TITLE METROLINK ACCESS - EXISTING & PROPOSED 4 OVERALL SITE PLAN METROLINK ACCESS NORTH 1"=20'-0" DRAWING NO. A01 =500=EW Page 190 briqhjene west SOCAL PROJECT NO. ADDRESS 22052 BARRICADE BARRICADE ARCHITECT GRIMSHAW PHASES 1 AND 2 PHASES 3 AND 4 GRIMSHAW, INC. T+1 323 471 6700 432 Colyton Street,Los www.grimshaw.global Angeles,CA 90013, USA INTELLECTUAL PROPERTY ©Copyright Grimshaw Architects. Unless otherwise agreed in writing,all rights to use this document are subject to payment in full of all Grimshaw charges.This document may only be used for the express purpose and project for which it has been created and delivered,as notified in writing by Grimshaw.This document may not be otherwise used,or copied.Any unauthorised use of this document is at the user's sole risk and without limiting Grimshaw's rights the user releases and indemnifies Grimshaw from and against all loss so arising. DRAWING NOTICES Do not scale-all dimensions to be checked on site.Grimshaw drawings to be read in conjunction — a with Grimshaw and specialist specifications. _ .. Drawings to be read in conjunction with consultant information. CLIENT ;_.�-,__ .-- •. BRIGHTLINE WEST Structural Engineer "V~ JOHN A MARTIN&ASSOCIATES 950 S Grand Ave ` Los Angeles,CA 90015 (213)483-6490 www.johnmartin.com �x• L{ Civil and Landscape KIMLEY-HORN " 660 South Figueroa Street,Suite 2050 Los Angeles,CA 90017 Y "sue (626)840-6777 www.kimley-horn.com i, TRAFFIC CONES FOR LESS C co dM Air �y - _ _ ".•ate.. - - �.V.r•r.��_ - _ _ - - -=.7'Y•ar-.:'-- ..,x4.:, -�••? 3.:+`� ~���"i s r.l .• � •�_ ^.Y.+: - • f�!'1:. '.��Y`::a i.�', -��_,*.�:i.�<- - t�.y ::�".�i-.-. - yam, .��, l.. ".+.+r.Y�:` -v._ =R�'� - r r err. :- _`rr _ •U, '7L• _ _•. - .=7.`it►•.: Asa-•.r�:r r gam` r.+: "•'- .4i., t'« fir{ .;.:s a_�•..:*yy. r - -y�'•.: "�•: :tom _ w _ - .:'k. k-A-Iftw TYPE I, II, AND III BARRICADES CONCRETE K-RAIL CONSTRUCTION FENCE CONSTRUCTION FENCE PHASES 1 , 31 AND 4 PHASE 2 I r +' = 2 09.24.25 Enabling Works Progress F Y � 0 DATE Enabling Progress Fr REV E I i STAMP FOR INFORMATION ONLY PROJECT DRAWN Author NUMBER CHECKED Checker 22052 SCALE ISSUED STATUS 6' TALL FENCE WITH POSTS DRIVEN 6' TALL FENCE ON T-STANDS ENABLING WORKS PROGRESS 09/24/25 DRAWING TITLE CONSTRUCTION FENCING AND BARRICADES DRAWING NO. A01 =600=EW Page 191 SCHEDULEI APPROVED FORM OF CC&RS [See Attached] 4935-5599-2377.12 SCHEDULE 1 378683.00002 -1- Page 192 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: DesertXpress Enterprises, LLC 8329 W. Sunset Road, Suite 150 Las Vegas,NV 89113 Attn: David Pickett, Esq. With a copy to: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager San Bernardino County Transportation Authority 1170 W. Third Street, 2nd Floor San Bernardino, CA 92410 Attn: Director of Transit and Rail SPACE ABOVE THIS LINE FOR RECORDER'S USE Free Recording Requested per Government Code 27383. CONDITIONS, COVENANTS, RESTRICTIONS AND EASEMENTS (RANCHO CUCAMONGA HSR STATION) These Conditions, Covenants, Restrictions and Easements (RANCHO CUCAMONGA HSR STATION) (this "Agreement")are entered into as of ,2025,by and among the CITY OF RANCHO CUCAMONGA, a California municipal corporation(the "City'),the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a public entity("SBCTA'q, and together with the City, the "Public Agencies", and DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company d/b/a Brightline West and qualified to do business in California ("Developer'). The City, SBCTA, and the Developer may hereinafter be referred to individually as a "Party"and collectively as the "Parties". RECITALS : A. Concurrently herewith, Developer acquired from the Public Agencies that certain real property legally described on Exhibit A attached hereto (the "Station Property') for the purpose of developing a train station and related infrastructure for a privately owned and publicly 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -1' Page 193 accessible high-speed passenger railroad and local rail service, including station parking facilities and related station uses, subject to easements reserved by the Public Agencies (the "Reserved Easements') in the grant deed, recorded immediately prior hereto, whereby Developer acquired the Station Property (the "Grant Deed'), all in accordance with the terms and conditions of that certain Disposition and Development Agreement, dated October 5,2022, entered into between the Parties (as amended, the "DDA'�. The Station Property expressly excludes the Surface Property (defined below). B. The Public Agencies retained ownership of that certain real property legally described on Exhibit B attached hereto (the "Surface Property') for the purpose of continuing to operate surface parking separate and distinct from the HSR Station(defined below). C. The Station Property and the Surface Property are adjacent to a transit center owned and operated by the Public Agencies and which currently includes public parking and connections to the passenger railroad service operated and maintained by SCRRA ("Metrolink") and public buses (collectively, "Transit Center"). The Transit Center includes, without limitation, the real property on which the Transit Center is located as legally described on Exhibit C attached hereto. D. Pursuant to the terms of the DDA, a portion of the Transit Center will be developed by Developer with a joint use passenger pickup and drop off area("PUDO"). Following the initial development of the PUDO by Developer, the PUDO shall be operated and maintained by the Parties pursuant to the terms hereof. The PUDO includes without limitation the real property on which the PUDO is located as legally described on Exhibit D attached hereto. E. The Station Property, the Surface Property and the PUDO (each individually a "Property" and collectively, the "Properties') are legally independent separate interests in real property. The Station Property is above and below the Surface Property, there are easements that travel through specific limited areas of the Surface Property that permit columns and specific utilities adjacent to such columns to traverse through and exist within such specific limited areas of the Surface Property to support the HSR Station and the Surface Property requires certain easements over the Station Property to connect with the adjacent PUDO and Transit Center, all as further described herein. The Parties are entering into this Agreement to establish easements, covenants and restrictions, all intended to establish and protect the estates, general plan of ownership, use and enjoyment of each Parry's Property. F. The Public Agencies and the Developer intend that this Agreement be a covenant running with the land pursuant to Section 1468 of the California Civil Code. NOW, THEREFORE, for good and valuable consideration,the Parties hereby confirm the accuracy of the foregoing recitals, and covenant and agree as follows: AGREEMENT : 1. DEFINITIONS. The following is not an exhaustive list of all defined terms in this Agreement and excludes many defined terms used in only one Section hereof,but instead includes certain key defined terms that are used throughout this Agreement. 4877-5650-6677.40 378683.00002/2-23-26iamcimrf -2- Page 194 1.1 Agreement. As set forth in the preamble above,Agreement means these Conditions, Covenants, Restrictions and Easements, as amended from time to time. 1.2 City. As set forth in the preamble above, City means the City of Rancho Cucamonga, California. 1.3 Developer Permittee. Developer Permittee means employees, agents, visitors, contractors, patrons, guests or invitees of Developer. 1.4 DDA. DDA is defined in Recital A. 1.5 HSR Station. HSR Station means that certain private, but publicly accessible, passenger train station, including all train platforms, common areas, and parking areas located on the Station Property and columns within easements within the Surface Property, but otherwise expressly excluding the Surface Property, including: 1.5.1 the shell (including the exterior skin) and core of the HSR Station; 1.5.2 all structural support elements existing in, on,under and throughout the HSR Station shell and core, including all footings, girders, columns,braces, foundations, load- bearing walls, utility-bearing walls and other standard support elements, and every wall, column, floor, ceiling, footing, foundation or other vertical or horizontal improvement in the HSR Station; 1.5.3 the elevators, including the elevator shafts, elevator cabs, doors, elevator lobbies, and related machinery and equipment rooms, if any, in, to and serving the HSR Station; 1.5.4 area drains, scuppers, stairways, vaults, mechanical shafts, pipes, lines, mains, conduits, flues, risers, auxiliary generator room, clarifier, and any other equipment, fixtures, machinery, system or apparatus in, to and which benefit the HSR Station; and 1.5.5 any fire and life safety and sprinkler systems in, to and serving the HSR Station, including alarms, fire sprinkler pipes, and the sensors,pipes and fire sprinkler heads. 1.6 Metrolink. Metrolink is defined in Recital C. 1.7 Official Records. Official Records means the Official Records of San Bernardino County, California. 1.8 Party. Party is defined in the preamble. 1.9 Permittee. Permittee means either a Developer Permittee or a Public Agency Permittee. 1.10 Properties. Properties is defined in Recital E. 1.11 PUDO. PUDO is defined in Recital D; and the PUDO includes the real property on which it is located, as legally described on Exhibit D attached hereto. 4877-5650-6677.40 378683.00002/2-23-26iamcimrf -3- Page 195 1.12 Public Agencies Permittee. Public Agencies Permittee means employees, agents, visitors, contractors,patrons, guests or invitees of either or both of the Public Agencies. 1.13 San Gabriel Subdivision Lease Agreement. San Gabriel Subdivision Lease Agreement means that certain San Gabriel Subdivision Lease Agreement entered into between SBCTA and Developer, dated March 2, 2022, as amended from time to time. 1.14 SBCTA. As set forth in the preamble above, SBCTA means San Bernardino County Transportation Authority. 1.15 Station Property. Station Property is defined in Recital A and legally described on Exhibit A attached hereto. 1.16 Surface Property. Surface Property is defined in Recital B and legally described on Exhibit B attached hereto. For purposes of interpreting the maintenance rights and obligations described in this Agreement, the actual boundaries of the Surface Property shall be deemed to extend to the interior unfinished surfaces of the walls, floors, and ceilings that surround the ground floor level(first floor)of the HSR Station and shall exclude all components of the HSR Station described below. 1.17 Transit Center. Transit Center is defined in Recital C; and the Transit Center includes the real property on which it is located, as legally described on Exhibit C attached hereto. 2. USE RESTRICTIONS. 2.1 Use Restrictions. The Properties shall only be operated for transit and transit-related purposes, including without limitation appurtenances and appurtenant uses thereto. 2.2 Maintenance and Security. To the extent permitted by any applicable law, each Party hereby covenants and agrees to use commercially reasonable efforts to limit loitering, smoking, panhandling, vagrancy and other nuisance and/or unlawful conduct in and on its respective Property,including,without limitation,posting and maintaining signs that prohibit such activities in reasonable locations;however, (a) the Public Agencies' obligations under this Section shall be satisfied by enforcing the prohibitions for the Surface Property with the same level of security services that the Public Agencies obtain and provide for the Transit Center, and (b) the Developer's obligations under this Section shall be satisfied by enforcing the prohibitions for the Station Property with the level of security services required by this Section 2.2 or the highest level that Developer obtains and provides for any other train station that is owned or operated by Developer within the State of California. 2.2.1 Repair and Maintenance of Vehicles and Equipment. Except for short-term emergency situations,repair or maintenance of vehicles or mechanical equipment shall not be permitted within/in or on the Properties. 2.2.2 Security. Each Party shall hire and maintain all such security services,including,without limitation,the presence of onsite security personnel and the placement 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -4- Page 196 of security cameras or devices within their respective Properties, as such Parry reasonably determines may be appropriate. 2.2.3 Ceiling, Wall, Column and Floor Penetrations. The Public Agencies and Public Agency Permittees shall be permitted to install signs, lighting, traffic safety mirrors, security systems and other parking related equipment on interior facing walls, floors and ceilings surrounding the Surface Property and columns within the Surface Property, and in connection therewith, reasonably bolt or otherwise affix and install items on the walls, columns, floors, and ceilings that surround, or are within, the Surface Property; provided, however, that in connection with the foregoing, the Public Agencies shall not adversely impact the structural integrity of the HSR Station or any improvements therein. If a necessary repair or property improvement requires a penetration that would be reasonably likely to adversely affect the HSR Station, then the Public Agencies and/or Public Agency Permittee(s) shall reasonably coordinate such repairs or property improvements with the Developer. Notwithstanding the foregoing, nothing contained herein shall be deemed to prohibit the Public Agencies and Public Agency Permittees from reasonably painting or repainting (as necessary) parking stripes, parking stalls or directional signage on the interior facing walls, paved floors, and columns that enclose, or are within,the Surface Property. City and SBCTA may design and install exterior directional signage to the Surface Property, Bus Loop, and PUDO, which shall be reasonably consistent in style with the directional signage into the parking for the HSR Station except to the extent necessary to incorporate the official seals or logos of the Public Agencies or Metrolink. 3. MAINTENANCE AND OPERATIONAL OBLIGATIONS. 3.1 Maintenance and Repair. Except to the extent any damage is caused by another Parry or Parties,in which event the damaging Party or Parties shall be responsible for such repair, each Party or Parties(that is,the Public Agencies) shall be solely responsible to perform all maintenance and repair obligations with respect to its or their respective Property, such that each Property is maintained in good condition and repair, including ensuring that its or their Property is on a reasonable periodic basis cleaned, swept and otherwise kept reasonably free of all trash, debris and standing water. For the avoidance of doubt, subject to the proviso at the beginning of the first sentence of this Section 3.1, Developer shall be solely responsible for maintaining the Station Property, including, without limitation, (a) the HSR Station, (b) the structural integrity of the columns which traverse the Surface Property, (c) any utilities serving the HSR Station that traverse the Surface Property adjacent to the columns while the Public Agencies shall be solely responsible for maintaining the Surface Property,including without limitation the interior surfaces of each of the walls, columns, floors, and ceilings that surround the Surface Property, including graffiti removal, and (d) water quality management as required by any applicable governmental authority in connection with the Station Property and/or the HSR Station, which shall mean the maintenance, repair, and replacement (as necessary) of stormwater/urban runoff treatment best management practices required by any applicable governmental authority in connection with the Station Property and/or the HSR Station. For the purposes of clarity, subject to the proviso at the beginning of the first sentence of this Section 3.1 and except for periods in which Developer is installing subterranean improvements under the Surface Property such that maintenance by the Public Agencies would interfere therewith, if the paved floor is damaged, the Public Agencies shall have the right and the obligation to repair said floor and sufficient access is hereby granted by Developer to the Public Agencies to perform such repair work. The Public Agencies' right and 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -5- Page 197 obligation to make such repairs to the paved floor shall automatically terminate upon the Developer's installation of any subterranean improvements (other than utilities or other similar installations) under the Surface Property, if ever. For the avoidance of doubt, when a Party is responsible for repair or maintenance under this Section 3.1, such responsibility shall include all costs relating thereto. 3.2 Cooperation. The Developer and the Public Agencies shall reasonably cooperate with one another in good faith in the performance of their obligations under this Section 3. 3.3 Operation of HSR Station. Developer shall operate the HSR Station at the Station Property at all times Developer maintains a high-speed passenger rail system in Southern California so as to ensure that all regularly scheduled passenger trains stop at the Station Property in accordance with the San Gabriel Subdivision Lease Agreement. Express, special event, and charter train services are not required to stop at the Station Property; however, Developer may not provide only express, special event and/or charter train services. 3.4 Modifications After Initial Construction. Following the completion of the HSR Station by Developer and the surface parking improvements by the Public Agencies, neither Party shall materially alter, renovate, modify or add to the exterior of any improvements without the prior written consent of the other Party, which consent is not to be unreasonably withheld, conditioned or delayed. 3.5 Operation of PUDO. Developer shall operate and maintain the PUDO after completion and acceptance thereof, including,without limitation,water quality management as required by any applicable governmental authority . The City and/or SBCTA shall reimburse Developer on a pro rata basis for its allocable share of such operation and maintenance costs. Such costs shall be calculated based on the square footage of the Surface Property owned by the City and/or SBCTA in relation to the square footage of the Developer's parking garage within the HSR Station as depicted in as-built drawings prepared for the HSR Station at the time of its completion, provided,however,that the City and/or SBCTA's total share shall not exceed fifteen percent(15%) of total operation and maintenance costs for the PUDO. Utility services to the PUDO shall be separately metered such that (i) irrigation water and electrical service to the Omnitrans Bus Loop and the Pedestrian Tunnel (defined below) area and associated ramps and stairs, shall be metered and billed directly to the City and/or SBCTA, and (ii) irrigation water and electrical service to all other areas within the PUDO shall be metered and billed directly to Developer. Security services for the PUDO shall be coordinated between Developer and the City and/or SBCTA, with each Party responsible for including the PUDO in its respective security patrols. Further, the Parties shall cooperate in good faith to implement the following protocols for operation of the PUDO: 3.5.1 The Parties shall meet and confer at least annually in the first quarter of the calendar year to: (a) Address any operational needs or deficiencies related to the PUDO; 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -6- Page 198 (b) Identify and agree upon estimated changes affecting estimated budget requirements for the following fiscal year (July 1 to June 30) related to obligations under these CC&Rs; and (c) Notify the other Parties of any known security incidents occurring within the PUDO, including, without limitation, criminal activity, vandalism, accidents involving personal injury or property damage, or other threats to the safety,integrity, or proper use of the PUDO (each, an "Incident'). Each Party shall maintain and share upon request reasonable incident logs, including time, nature, and disposition of each reported Incident. 3.5.2 In the event of an emergency involving immediate threats to public health or safety within the PUDO, each Party shall have the independent right to respond without prior notice to the other Party,including by contacting emergency services,securing affected areas, or evacuating persons as necessary. As soon as reasonably practicable after the initial emergency response, the responding Party shall notify the other Parties of the nature of the emergency, the actions taken, and any follow-up measures that may be required. 3.5.3 City and SBCTA shall have responsibility for promulgating, posting, and enforcing rules and regulations governing the use of the PUDO to ensure consistency with public use requirements and all applicable laws. Each Parry shall reasonably assist in the enforcement of such rules and regulations during their security patrols, including by issuing warnings or contacting law enforcement as appropriate. City and SBCTA will provide Developer with reasonable notice prior to implementing new security-related policies, signage, or access restrictions within the PUDO, except in the case of an emergency where immediate temporary action is required. 4. EASEMENTS. 4.1 Easements for the Benefit of the Surface Property. The Public Agencies and Public Agency Permittees shall benefit from, and Developer hereby establishes and grants for the benefit of the Public Agencies and Public Agency Permittees, the following easements over portions of the Station Property, which shall be appurtenant to the Surface Property: 4.1.1 Access Easements. Nonexclusive access easements over and across those portions of the Station Property for the purposes described below and subject to Public Agencies' approval of plans as described in DDA Section 3.4: (a) a pedestrian access easement across that portion of the Station Property between the Surface Property and the Transit Center as necessary to provide for free, unrestricted and contiguous ingress and egress between the Surface Property and the Transit Center. For the avoidance of doubt, such access easement shall correspond to the actual improvements constructed from time to time that provide for such ingress and egress and not the foregoing blanket description. (b) a pedestrian access easement over and across those portions of the Station Property designated by Developer, including stair and elevator access,that provides reasonable ingress and egress between the Surface Property and the communications building on adjacent property owned by the City ("Communications Building"). For equipment trucks that 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -7- Page 199 are too large to fit in the Surface Property, or which are necessary to be located within close proximity to the Communications Building when performing work on or inside of the Communications Building, and for fire and/or emergency vehicle access, Developer shall designate and maintain reasonable vehicular and parking access for such vehicles within the loading area off of Milliken Avenue or the drop off/pick up area on the main floor of the Station Property,together with pedestrian access designated by Developer that provides reasonable ingress and egress between such parking area and the Communications Building. Additionally,Developer shall provide and maintain an access gate through the existing fence between the San Gabriel Subdivision right of way and the Communications Building and a gate through any other Developer owned physical barrier that would block access to the Communications Building, as applicable. (c) For the avoidance of any doubt, the Grant Deed reserves to the Public Agencies additional utility, access,construction, and use easements over portions of the Station Property, as described and depicted in the Grant Deed. 4.1.2 Reserved. 4.2 Easements for the Benefit of the Station Property. The Developer and the Developer Permittees shall benefit from, and the Public Agencies hereby establish and grant for the benefit of the Developer and the Developer Permittees, the following easements over portions of the Transit Center and Surface Property, which shall be appurtenant to the Station Property: 4.2.1 Developer Maintenance Obligations. Nonexclusive easements within, through and across the Surface Property and the PUDO as reasonably necessary for the purpose of performing the maintenance obligations described herein and the operation and security obligations in the PUDO. The rights of Developer and Developer's Permittees under this easement are subject to the obligation not to unreasonably interfere with the use or operation of the Surface Property, and, except in an "Emergency Situation" (as that term is defined below), to notify the Public Agencies at least thirty (30) days in advance of the dates, times and scope of maintenance and to cooperate in good faith with the Public Agencies in minimizing interference with the use and operation of the Surface Property;provided,however,if such maintenance or repair work does not impact access to or parking at the Surface Property, then Developer shall only be obligated to provide the Public Agencies with at least five (5) business days advance notice. Anytime Developer reasonably determines that immediate maintenance or repair work is required to address an imminent threat to public health or safety (each, an "Emergency Situation', Developer shall give notice of such Emergency Situation to the Public Agencies as soon as possible after such determination and shall have the right to immediately act on providing such maintenance and repair work as is required to address the Emergency Situation; provided, however, that the foregoing language shall not be in denigration of any obligation, liability or duty of Developer under or pursuant to this Agreement or as provided by law,and the foregoing right shall not release or relieve Developer from any responsibility, liability or indemnification obligations arising out of, resulting from or relating to this Agreement. 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -g- Page 200 4.2.2 Access Easements. Nonexclusive access easements over and across those portions of the Transit Center and Surface Property for the purposes described below and subject to Public Agencies' approval of plans as described in DDA Section 3.4: (a) Fire, police, health and sanitation and other public service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the HSR Station for the performance of their respective duties. Additionally,easements are hereby reserved in favor of all Parties for emergency ingress and egress over, through and across all portions of the HSR Station. (b) a pedestrian access easement across the Surface Property as necessary to provide for free, unrestricted and contiguous ingress and egress between the Station Property and the Transit Center. For the avoidance of doubt, such access easement shall correspond to the actual improvements constructed within the Surface Property. (c) a pedestrian and vehicular access easement across the PUDO as necessary to provide for free,unrestricted and contiguous ingress and egress between the Station Property and the PUDO. For the avoidance of doubt, such access easement shall correspond to the actual improvements constructed within the PUDO. 4.2.3 Support Columns, Utilities, Elevators and Stairs, and Beams Serving HSR Station. Exclusive easements within, through and across only those portions of the Surface Property expressly and specifically designated and developed with elevators and stairs, columns and beams and specified utilities (i.e., only the following utilities: storm drain; water; sewer; electrical; telecommunication; and data, including similar future technologies) adjacent to such columns and beams per plans approved in advance and in writing by the Public Agencies which plans specifically show such beams, columns and utilities, for the purpose of installing, constructing, inspecting, placing, maintaining, repairing, replacing, and removing the structural columns, support beams, utilities within or adjacent to such columns, footings and any other structural components or support elements existing in, on, under and throughout the HSR Station, including incidental access as necessary to access such columns, utilities and beams for such purposes ("Column and Beam Easement"). Developer and the Public Agencies shall reasonably cooperate to designate the locations of such elevators and stairs, columns, utilities and beams on such plans to facilitate the optimal, but commercially reasonable, parking and vehicular and pedestrian circulation within the Surface Property. Developer, at Developer's sole cost and expense, shall ensure that, at all times, the columns, beams and utilities are located to provide at least 350 parking stalls available to Public Agencies' Permittees within the Surface Property, including sufficient ADA compliant parking stalls to satisfy ADA requirements. For the avoidance of doubt, Developer, at Developer's sole cost and expense, shall ensure that the Surface Property and the adjacent Transit Center, upon delivery by Developer to the Public Agencies following the initial construction of the Station Property by or for the benefit of Developer and temporary use and reconfiguration of the Transit Center pursuant to Section 4.2.4 below, collectively provide at least 650 parking stalls. Additionally, Developer, at Developer's sole cost and expense, shall ensure that the beams and any utilities adjacent to such beams are located to provide and maintain at least eight(8) feet of clear height space throughout the Surface Property. Except in an Emergency Situation, Developer shall notify the Public Agencies in writing at least thirty (30) days in advance for maintenance and at least sixty (60) days in advance for any construction, 4877-5650-6677.40 378683.00002/2-23-26iamcimrf -9- Page 201 placing, repairing or removing work, of the dates, times and scope of maintenance or other work, and to cooperate in good faith with the Public Agencies in minimizing interference with the use and operation of the Surface Property;provided,however,if such maintenance or repair work does not impact parking at the Surface Property, then Developer shall only be obligated to provide the Public Agencies with at least five (5) business days advance notice. For the avoidance of doubt, if Developer desires to modify or add utilities in the future, the Public Agencies shall have reasonable review and approval rights with respect to any such modification or addition. Consistent with Section 4.2.1 above, anytime Developer reasonably determines that there is an Emergency Situation, Developer shall give notice of such Emergency Situation to the Public Agencies as soon as possible after such determination and shall have the right to immediately act on providing such maintenance and repair work as is required to address the Emergency Situation; provided, however, that the foregoing language shall not be in denigration of any obligation, liability or duty of Developer under or pursuant to this Agreement or as provided by law, and the foregoing right shall not release or relieve Developer from any responsibility, liability or indemnification obligations arising out of, resulting from, or relating to this Agreement. 4.2.4 Temporary Parking and Staging Easement on Transit Center and Parking Easement on the Milliken Site during the Initial Construction. In connection with development of the HSR Station by Developer and during the construction thereof, the Public Agencies hereby grant to Developer a temporary construction easement for (i) construction parking and (ii) construction staging purposes on the Transit Center ("Parking and Staging Easement"). The City hereby grants to Developer a temporary construction easement("Milliken Parking Easement") for Metrolink and/or construction parking on the adjacent parking lot owned by the City on Anaheim Place, abutting Azusa Court and Milliken Avenue ("Milliken Site")until the completion of the HSR Station, but in any event no later than seven(7) years after Close of Escrow. However,with respect to the Milliken Site, the City may terminate the Milliken Parking Easement no earlier than six (6)months after written notice from the City to Developer indicating that the City has reached agreement with a buyer for the sale of all of the Milliken Site (or for a material portion of the Milliken Site that requires termination of such Milliken Parking Easement), subject only to City Council approval of the agreement, if such date is earlier than the completion of the HSR Station. The Public Agencies and Developer shall coordinate regarding the location(s) and scope(s)of such construction parking and construction staging such that the combined Transit Center and Milliken Site continue to provide at least 325 parking stalls or an Approved Lesser Amount are available to Public Agencies' Permittees,at least four bus drop off locations(including on Azusa Court if necessary), pedestrian access between such parking and bus drop off locations and the Metrolink platforms and legally compliant ADA parking, all in a manner reasonably acceptable to the Public Agencies. Prior to exercising any such rights described within this Section 4.2.4, Developer shall provide the Public Agencies with thirty (30) days' notice of Developer's plans for any occupancy or use of the easement, and the Developer must demonstrate to the reasonable satisfaction of the Public Agencies that safe and adequate circulation of pedestrian, vehicular, and bus movements are and will be provided for at all times during the term(s) of the easement. Developer shall provide the Public Agencies at least thirty (30) days' notice of any changes to the affected area, to enable the Public Agencies to provide notice to Metrolink and/or its patrons, and such changes must otherwise be in accordance with the terms of this Agreement. Commencing on the date which Developer takes possession of any Parking and Staging Easement or Milliken Parking Easement, Developer shall compensate the Public Agencies for the temporary use of such area by paying them, on a monthly basis, on or before the first business day of each 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -10- Page 202 calendar month, without offset or deduction, a sum of money which is equal to the product of the following factors: (i) the total number of square feet then affected by the applicable easement, (ii) the affected property's fee value per square foot, multiplied by (iii) one third of a percent (1/3%). The fee value per square foot of the affected property shall first be established by an appraisal no older than six months at the time Developer first takes possession of either of the Parking and Staging Easement or Milliken Parking Easement area and shall be scaled by a factor of one and four hundredths (1.04) each year on the anniversary of said appraisal's date of valuation. If payment is not made within ten (10) business days after written notice from the City, then the outstanding sum shall immediately begin to accrue interest at the rate identified in Section 7 until paid. Notwithstanding the foregoing, Developer shall receive a credit, not to exceed $600,000, toward the rent for the Parking and Staging Easement during such time Developer is actively constructing the Bus Loop and PUDO. Such credit will not be received during such time Developer is using the areas designated for the Bus Loop and PUDO for construction staging during development of the HSR Station. During the term of the Parking and Staging Easement or Milliken Parking Easement, as applicable, Developer shall maintain such easement area in good condition and repair. Following the termination of the Parking and Staging Easement or Milliken Parking Easement, as applicable,Developer shall promptly return the portion of the Transit Center and Milliken Site, as applicable,used for such easement to, with respect to the Transit Center, the improved condition per the approved plans, and to the Milliken Site, its condition immediately prior to the easement term. 4.2.5 Minimum Parking. At all times until the completion of the HSR Station, Developer shall ensure that a minimum of(1) three hundred twenty-five (325) parking spaces total across the Surface Property, the Milliken Site (defined below) and Transit Center(or such lesser amount if less than 325 parking spaces total exist at such time), or (2) an Approved Lesser Amount(defined below)of parking spaces total across the Surface Property,Transit Center and other adjacent parking lots if the City sells the Milliken Site, and in both events, including sufficient ADA compliant parking stalls to satisfy ADA requirements, are available to Public Agencies' Permittees. Developer shall conduct parking counts on the Transit Center during the fall of 2025 and spring of 2026 and share such data with the Public Agencies for the Parties to collectively determine the actual peak parking demand,which in all events shall be no greater than 325 parking spaces ("Approved Lesser Amount"). On or before the earlier of(i)August 1,2026 or (ii)the date that less than the Approved Lesser Amount is available on the Transit Center, Milliken Site and other adjacent parking lots, Developer shall obtain the administrative approval of the Public Agencies of a parking plan that provides for any delta between the available parking within such lots and the Approved Lesser Amount via parking within walking distance, but no more than 1,000 feet, of the Transit Center or offsite parking with shuttle service. Such parking plan shall specifically identify any off-site parking sites and stalls with written options or guarantees of the availability of such parking and shuttle service, as applicable,to implement such parking plan. Additionally, Developer shall use commercially reasonable efforts to phase and stage its construction to limit, where possible, the time that the parking plan would be necessary. 4.2.6 Temporary Construction Easement on Transit Center during the Initial Construction. The Public Agencies hereby grant to Developer a temporary construction easement ("Temporary Construction Easement") for the construction of ramps and stairs, reconfigured bus loop, the PUDO, and reconfigured parking on the Transit Center, all per plans approved by Public Agencies in accordance with DDA Section 3.4,to facilitate ingress and egress 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -11- Page 203 between the Station Property and the Transit Center and the reconfigured pedestrian ramp for access to the pedestrian tunnel between the north and south Metrolink platforms ("Pedestrian Tunnel"). Developer shall ensure that the design and construction of the ramp from the Station Property to the Transit Center is in accordance with all ADA requirements. Additionally, Developer shall ensure that the design and construction of such ramp includes and utilizes drains and non-slip surfaces; provided, however, that Developer shall ensure that such design and construction also provides for and is conducive to the commercially reasonable subsequent addition of an overhead covering to shield the ramp from rain. The Public Agencies and Developer shall coordinate to ensure that at least four bus drop off locations (including on Azusa Court if necessary), pedestrian access between such parking and bus drop off locations and the Metrolink platforms and legally compliant ADA parking, all in a manner reasonably acceptable to the Public Agencies. Prior to exercising any such rights described within this Section 4.2.4, Developer shall provide the Public Agencies with thirty(30) days' notice of Developer's plans for any occupancy or use of the easement, and the Developer must demonstrate to the reasonable satisfaction of the Public Agencies that safe and adequate circulation of pedestrian, vehicular, and bus movements are and will be provided for at all times during the term(s) of the easement. Developer shall provide the Public Agencies at least thirty (30) days' notice of any changes to the affected area,to enable the Public Agencies to provide notice to Metrolink and/or its patrons, and such changes must otherwise be in accordance with the terms of this Agreement. During the term of the Temporary Construction Easement, Developer shall maintain the Temporary Construction Easement area in good condition and repair. Following the termination of the Temporary Construction Easement,Developer shall promptly return the portion of the Transit Center used for the Temporary Construction Easement to the improved condition per the approved plans. 4.2.7 Future Construction. During the redevelopment of the Station Property, Developer on advance written notice, including without limitation the prior written approval of the Public Agencies of replacement parking as provided below, of not less than twelve (12)months, shall have the right to temporarily close the Surface Property for a reasonable period of time not exceeding thirty-six (36) months (as the same may be extended by force majeure, but not otherwise) during the actual construction on the Station Property and subject to the terms of this Section 4.2.5. If, as a consequence of Developer's future construction,the Public Agencies would not have at least 325 parking spaces available during the period of construction, Developer shall provide reasonable replacement parking, compliant with ADA and all other applicable law, taking into account both then existing ADA parking areas located on the Transit Center and ADA requirements relating to the replacement parking, as applicable, and otherwise reasonably acceptable to the Public Agencies during the construction period and thereafter until the Surface Property is returned to its prior condition. The amount of such replacement parking provided by Developer shall ensure that the Public Agencies would have (i) 325 parking spaces if the Public Agencies had 325 or more parking spaces just prior to Developer's construction, or (ii) if the Public Agencies had less than 325 parking spaces just prior to Developer's construction, an amount equal to such lesser amount. Following such construction, Developer shall promptly return the Surface Property to its prior condition as of the date Developer took possession or per revised plans approved by the Public Agencies, if applicable. As an example only, if Developer develops a larger HSR station with below grade parking and the Surface Property, at the time of such construction, is used as a gated surface parking lot, Developer shall restore the Surface Property to a surface parking lot, including striping, lighting, and gates, as applicable (including any equipment that was previously installed by the Public Agencies). 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -12- Page 204 4.2.8 Service Corridor for Baggage . Developer may in the future, without any obligation to do so or to continue such service once commenced, build a service corridor from baggage handling room on the Station Property that would open onto the Pedestrian Tunnel to enable baggage service between BLW trains and Metrolink Trains. Developer shall construct the connection of the service corridor with the Pedestrian Tunnel per plans approved in advance and in writing by the Public Agencies and gate such corridor from the Pedestrian Tunnel to prevent access and vagrancy issues when not in use; said gate to be located entirely on the Station Property. Developer shall coordinate with the Public Agencies regarding the design thereof to maximize the continued functionality of the Pedestrian Tunnel and any construction work relating thereto to minimize impacts to the Transit Center. 4.2.9 Warranties. For all facilities that the Public Agencies will own and control, Developer shall obtain customary and usual construction and installation warranties, shall assign all such warranties, on a non-exclusive basis and to the extent assignable, to the Public Agencies with respect thereto, and shall, whether or not such warranties are assigned, reasonably cooperate with the Public Agencies to enforce such warranties as necessary, including filing and pursuing warranty claims on behalf of the Public Agencies for non-assignable warranties. 5. INSURANCE. 5.1 Public Agency Insurance Requirements. With respect to the Surface Property and the PUDO, at all times the Public Agencies (or one of them) shall maintain property insurance coverage in amounts and types consistent with the coverage and amounts maintained on the Transit Center. To the extent both possible and reasonably available at commercially reasonable rates, Developer will be named as an Additional Insured on said insurance coverage and the Public Agencies will provide Developer reasonable evidence of said insurance upon request. The Public Agencies shall also maintain Commercial General Liability (CGL) coverage within the PUDO and Surface Property. 5.2 Developer Insurance Requirements. Developer at all times shall maintain the following insurance coverage: 5.2.1 Property Insurance. With respect to the Station Property, at all times Developer shall maintain property insurance against all risks of loss to any at full replacement cost with no coinsurance penalty provision. Such coverage shall name the Public Agencies as a loss payee as their interest may appear. 5.2.2 Commercial General Liability (CGL). Developer shall maintain the insurance coverage set forth below in this Section 5.2.2 when the provisions of Section 5.3.1 do not apply. Such insurance shall include Commercial General Liability with limits of liability of not less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million dollars ($25,000,000) in the general aggregate for this project; otherwise, the general aggregate shall be twice the per occurrence limit. Coverage shall include bodily injury, property damage, personal and advertising injury, and products completed operations liability through any combination of primary and excess or umbrella liability insurance. Policy limits shall reset annually. Notwithstanding the foregoing, following the commencement of revenue service operations, the limits shall be adjusted to reflect the limit established by Congress from time to 4877-5650-6677.40 378683.00002/2-23-26iamcimrf -13- Page 205 time applicable to Developer's passenger rail operations. The CGL insurance shall be written on an ISO occurrence form CG 00 01 04 13, or on substitute forms providing coverage at least as broad as CG 00 01 04 13, subject to approval by the Public Agencies. Developer's CGL policy shall be primary,any coverage maintained by the Public Agencies shall not contribute with respect to the PUDO. All excess or umbrella policies must be "follow form" and shall provide coverage no less than the primary CGL policy. Refer to Section 5.4.4 for additional insured requirements. 5.3 Insurance During Construction including Design. Developer shall maintain the following insurance coverage at all times during which it is performing construction work within either of the Properties: 5.3.1 Commercial General Liability (CGL). Developer shall maintain Commercial General Liability (CGL) insurance with limits of liability of not less than three hundred fifty million dollars ($350,000,000) per occurrence, three hundred fifty million dollars ($350,000,000)products and completed operations aggregate, and a general aggregate limit of not less than three hundred fifty million dollars ($350,000,000) providing coverage for bodily injury, property damage, and personal and advertising injury through any combination of primary and excess or umbrella liability insurance policies. The CGL policy or policies shall include one reinstatement general aggregate limit during the policy(ies) term. The CGL insurance shall be written on ISO occurrence form CG 00 01 04 13, subject to approval from the Public Agencies. All excess or umbrella policies shall be "follow form" and shall afford no less coverage than that provided by the underlying primary CGL policy. All such excess or umbrella policies shall also include a drop-down provision in the event of exhaustion or unavailability of the underlying primary limits and shall provide coverage as if primary. Refer to Section 5.4.4 for additional insured requirements. The policy or policies shall be endorsed to remove exclusions pertaining to any railroads. The CGL insurance shall not include any endorsement or other policy language that limits or restricts coverage for liability assumed under an insured contract. Completed operations coverage shall extend for the duration of any exposure under any applicable statute of repose or any other applicable statute of limitations. If coverage for the full statutory exposure period is not commercially available,such completed operations coverage shall extend for at least ten (10)years from the completion date of such improvements. 5.3.2 Commercial Automobile Insurance. Developer shall maintain commercial automobile liability insurance written on ISO form CA 00 01 10 01 or on substitute forms providing coverage no less broad, subject to approval by the Public Agencies. Such insurance shall provide a limit of not less than five million dollars($5,000,000)per accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos). The policy must contain an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). Developer shall require its general contractor to maintain (and shall ensure that its general contractor does maintain) commercial automobile liability insurance written on ISO form CA 00 01 10 01 (or,with approval from the Public Agencies, substitute form providing equivalent liability coverage)with a limit not less than twenty-five million dollars($25,000,000)per accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non- owned autos)and can be satisfied by a combination of primary and excess and/or umbrella policies. 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -14- Page 206 The policy(ies) must contain an endorsement for coverage to operations in connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90)with a sublimit of no less than one million dollars ($1,000,000). All excess or umbrella policies shall include a drop-down provision in the event of exhaustion or unavailability of the underlying primary limits and shall provide coverage as if primary for commercial automobile liability. 5.3.3 Workers' Compensation and Employers Liability Insurance. Developer shall maintain Workers' Compensation insurance in accordance with the requirements of applicable California statutes. In addition, Developer shall provide Employer's Liability with limits of not less than one million dollars ($1,000,000) each accident, one million dollars ($1,000,000) each employee for disease, and a policy limit of one million dollars ($1,000,000) for disease. Developer shall maintain excess liability insurance including Employer's Liability coverage with limits of not less than twenty-five million dollars ($25,000,000), which may be satisfied through a combination of primary and excess and/or umbrella liability insurance policies. The workers' compensation policies must provide the following: (a) A waiver of subrogation in favor of the Additional Insured Parties and the Permittees of the Additional Insured Parties; (b) A voluntary compensation endorsement; (c) An alternative employer endorsement, if applicable to the Additional Insured Parties' operations; (d) Coverage for liability under Title 46 of the U.S.C. § 688 on an "if any" basis or as otherwise appropriate; and (e) An endorsement extending the policy to cover the liability of the insureds under the Federal Employer's Liability Act on an "if any" basis or as otherwise appropriate. 5.3.4 Professional Liability Insurance. The Developer shall provide evidence of professional liability insurance, including prior acts coverage sufficient to cover all claims arising out of any professional services, including without limitation engineering, architectural,or land surveying work required in connection with such construction,procured, and maintained by those third parties performing such work for or on behalf of Developer. For the lead design contractor for the improvements in privity with Developer, the coverage must not be less than ten million dollars ($10,000,000) per claim and in the aggregate. For environmental assessments, land surveying work and any other site work, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For architectural, geotechnical engineers, and electrical engineers, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For structural engineers and civil engineers relating to such construction,the coverage must not be less than five million dollars($5,000,000)per claim and in the aggregate. Developer shall also require any member of its design build team, any subconsultant, or any subcontractor performing professional design services for any portion of such construction work,to obtain and maintain(and shall ensure that they do obtain and maintain) 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -15- Page 207 professional liability insurance providing the same coverage, with limits of at least one million dollars ($1,000,000) per claim and in the aggregate. Developer shall procure and maintain an Owner's Protective Professional Indemnity(OPPI)policy that provides coverage with limits of at least twenty-five million dollars ($25,000,000) per claim and in the aggregate for claims arising out of the liability of design and construction professionals. Such coverage must include coverage for claims filed directly against Developer by third-parties alleging negligence (arising from professional services of design firms). No self-insured retention for Developer or any lead design entity is permitted to exceed five hundred thousand dollars ($500,000), without prior written approval from the Public Agencies, in their good faith discretion (which shall factor in whether such insurance is commercially available). Coverage must apply specifically to professional activities performed or contracted by Developer in support of the construction. The policy(ies) must have a retroactive date consistent with the inception of the first date of design or project or construction management activities, and no later than the date on which any contract or subcontract was issued. Developer agrees to maintain or to require its design professionals, subconsultants, or design-build subcontractors to maintain (and shall ensure that they do maintain), as appropriate, this required coverage for a period of no less than three years after the commencement of revenue service or to purchase an extended reporting period for no less than three years after the commencement of revenue service. If the contractor is working with a separate lead design entity, contractor must (and Developer shall ensure that contractor does)require the lead design entity to agree to maintain this coverage for a period of no less than three (3)years after completion of such construction. 5.3.5 Contractor's Pollution Liability. Developer shall procure or cause to be procured contractor's pollution liability ("CPL") coverage throughout the period of construction. Coverage must be provided by a stand-alone policy with limits of no less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million dollars ($25,000,000) in the aggregate per policy period dedicated to the larger high speed rail project, which may include other parcels under Developer's control or responsibility,but must include the Property. Coverage must be written on an occurrence basis and extended for a minimum ten(10) year period or for the duration of the applicable statute of repose. The CPL policy must include coverage for investigation, removal, and remediation costs including monitoring or disposal of contaminated soil, surface water, groundwater or other media to the extent required by environmental laws caused by pollution conditions resulting from or exacerbated by covered operations; third-party bodily injury and property damage, provided that the third-party property damage liability coverage includes loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by or from conditions exacerbated by covered operations. The policy must have no exclusions or limitations for loss occurring over water including but not limited to a navigable waterway or for lead or asbestos. Coverage as required in this Section shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL policy must also provide coverage for losses due to loading, unloading or transportation and liability imposed by off-site disposal of materials at a third-party disposal site including testing, monitoring, measuring operations or laboratory analysis and remediation. If the scope of work includes the disposal of any hazardous or non-hazardous materials from the job site, Developer shall furnish the Additional Insured Parties evidence of pollution legal liability insurance 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -16- Page 208 maintained by the disposal site operator for losses arising from the insured facility accepting the materials,with coverage in minimum amounts of five million dollars ($5,000,000)per loss and an annual aggregate of five million dollars ($5,000,000). 5.3.6 Railroad Protective Liability. Developer shall provide, or cause to be maintained, any coverage as may be required by any railroad as a condition of the railroad's consent for entry onto railroad facilities or property. Such policy shall be effective during the period any construction is being performed within 50 feet of any railroad ROW. Coverage shall be written on Insurance Services Office occurrence Form CG 00 35 (or, with approval from the railroad requiring such insurance, substitute form providing equivalent coverage) on behalf of any railroad as a named Insured, with a limit specified by any railroad. 5.3.7 Builder's Risk Insurance. Developer shall, upon commencement of construction, obtain and maintain a policy of builder's risk insurance for the construction. Coverage shall be written on an "all risk" basis on the larger high speed rail project that will at least cover the full replacement cost of the HSR Station and Developer's construction within the Transit Center, including, without limitation, the PUDO and bus loop, with no coinsurance provision. The insureds must include the contractor, all subcontractors (excluding those solely responsible for design work) of any tier, suppliers, and the Additional Insured Parties. The policy must cover all property, roads, buildings, bridge structures, other structures, fixtures, materials, supplies, foundations, pilings, machinery and equipment (excluding contractor's equipment) that are part of or related to the portions or elements of the construction,and the works of improvement, including permanent and temporary works and on-site materials, and including goods intended for incorporation into the works located at the Property, in storage or in the course of transit to the Property and all improvements that are within the Property. The builder's risk policy must include coverage for: (a) Any ensuing loss from faulty workmanship or nonconforming work, including L.E.G. 3 wording, if commercially available; (b) Machinery accidents and operational testing involving equipment covered by the policy; (c) Removal of debris, with a sublimit of twenty-five percent (25%) of the loss subject to a limit of twenty-five million dollars ($25,000,000) and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all Properties (d) Transit, including ocean marine coverage (unless insured by the supplier or through a separate marine cargo policy),with sub-limits sufficient to insure the full replacement value of any key equipment item; (e) Replacement value of any property or equipment stored either on or off the Property; (f) Coverage limits sufficient to insure for the following perils subject to applicable sub-limits for these perils based on the probable maximum loss of the insured property: 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -17- Page 209 (i) Collapse; (ii) Terrorism; (iii) Earthquake; (iv) Flood; (g) Plans, blueprints and specifications; and (h) Demolition and increased cost of construction as required by law or ordinance subject to applicable sub-limits. There must be no coinsurance penalty provision in any such policy. All deductibles or self-insured retentions must be the sole responsibility of Developer. The policy must provide a"severability of interests provision,""multiple insured's clause" or similar wording that the policy is to apply to each insured as if a separate policy had been issued to each insured except as to limits. Developer shall also require the general contractor and its subcontractors to procure and maintain (and shall ensure that they do procure and maintain) coverage for tools and equipment owned, leased or used by the general contractor or subcontractors in the performance of their work under this contract. Upon completion of construction, Developer shall provide evidence of"all risk" property insurance covering the improvements, with coverage sufficient to cover the probable maximum loss of such improvements and alterations made by Developer pursuant to the terms hereof,which must include "all risk" coverage using the ISO Causes of Loss - Special Form or (with approval from the Public Agencies) its equivalent, as well as flood insurance, subject to applicable sub- limits for natural hazard exposures based on the probable maximum loss of such improvements. 5.4 General Insurance Requirements. 5.4.1 Self Insurance/Deductible. The policy or policies under which coverage is provided by Developer may include a deductible or self-insured retention not in cumulative excess of ten million dollars ($10,000,000) on the condition that: (a) Each insurance policy expressly provides that the obligations of the policy issuer to the Additional Insured Parties an additional insured are not to be diminished in any way by Developer failure to pay its deductible or self-insured retention obligation for any reason; (b) Developer provides a declaration under penalty of perjury by a Certified Public Accountant (CPA) acceptable to the Additional Insured Parties and who shall apply a Fiduciary Standard of Care, certifying the accountant has applied Generally Accepted Accounting Principles (GAAP) guidelines confirming that Developer has sufficient funds and 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -18- Page 210 resources to cover any self-insured retentions if the cumulative self-insured retentions from all required insured policies are in excess of one million dollars ($1,000,000); and (c) Developer promptly pays any and all amounts due under such deductible or self-insured retention in lieu of insurance proceeds that would have been payable if the insurance policies had not included a deductible or self-insured retention amount. 5.4.2 Definition of "Self Insurance". As used in this Section, "self insurance"means that Developer is itself acting as if it were the insurance company providing the insurance required. 5.4.3 Evidence of Insurance. Developer shall furnish evidence of insurance reasonably acceptable to the Additional Insured Parties before Developer commences physical construction within the Properties. Developer shall also provide the Additional Insured Parties with satisfactory evidence of renewal or replacement insurance no later than thirty (30) days after the expiration or termination of such insurance. Developer shall submit full copies of the commercial general liability policy, excess/umbrella liability policy,builder's risk policy, and the professional liability policy or binders with full specimen copies of the forms for each policy until such time as full copies of the policies are available. This requirement applies prior to Developer starting work on the Properties, including all subsequent renewal policies. Certificates of insurance are required for all other lines of insurance. If, through no fault of Developer, any of the coverage required becomes unavailable, Developer shall provide good faith alternative insurance packages and programs, subject to prior approval by the Public Agencies,with the goal of reaching agreement in good faith on a package providing coverage equivalent to that specified herein. 5.4.4 Additional Insured Coverage. All insurance policies maintained by Developer, including property insurance,but excluding Workers' Compensation and Professional Liability insurance, shall name the Additional Insured Parties as additional insured. Developer's Commercial General Liability(CGL) insurance policies shall name the Additional Insured Parties as additional insureds using ISO Additional Insured Endorsements CG 20 10 04 13 and CG 20 37 04 13 (or endorsements providing equivalent coverage, subject to approval by the Public Agencies). These endorsements shall provide additional insured coverage for both ongoing operations and completed operations, as required under this Agreement. With respect to liability arising out of or connected with work or operations performed by or on behalf of Developer on the Property, coverage for such additional insureds must not extend to liability to the extent prohibited by California Insurance Code Section 11580.04. The additional insured endorsements shall not limit the scope of coverage for the Additional Insured Parties to vicarious liability but shall instead provide coverage for each Additional Insured Party to the full extent afforded by the policy. Additional Insured Party means the Public Agencies, individually, and Additional Insured Parties, means the Public Agencies, collectively, and each case includes their respective directors, council members, officers, employees, contractors and agents. (a) For CGL provided pursuant to Section 5.2.2,ISO Additional Insured Endorsement CG 20 26 may be substituted for CG 20 10. Coverage shall be provided to the Additional Insured Parties for all claims arising from the Property of the Additional Insured Parties, respectively, or proximately caused by reason of construction activities and the location 4877-5650-6677.40 378683.00002/2-23-26iamcimrf -19- Page 211 and placement of improvements within the Property, except to the extent caused by a respective Additional Insured Party's gross negligence or willful misconduct. (b) For CGL provided pursuant to Section 5.3.1,the CGL policy shall provide coverage to the Additional Insured Parties for both on-going and completed operation losses. Such coverage shall apply to claims proximately caused by the uses authorized under this Agreement, except to the extent such claims are caused by the gross negligence or willful misconduct of a respective Additional Insured Party. 5.4.5 Waiver of Subrogation Rights. To the fullest extent permitted by law, Developer hereby waives all rights of recovery under subrogation against the Additional Insured Parties, and any other tenant, contractor, subcontractor or sub-subcontractor performing work or rendering services on behalf of the Additional Insured Parties, in connection with the planning, development and construction of any improvements. To the fullest extent permitted by law, Developer shall require each of its subcontractors, at every tier, to provide a written waiver of subrogation and to include corresponding provisions in their insurance policies. Developer shall require all of the policies and coverages required in this Section to waive all rights of subrogation against the additional insureds (ISO Form CG 24 04 05 09). Such insurance and coverages provided must not prohibit Developer from waiving the right of subrogation prior to a loss or claim. 5.4.6 Eligible Insurers. If policies are written by insurance carriers authorized and admitted to do business in the State of California, then the insurance carriers must have a current A.M. Best rating of A-VIII or better and if policies are written by insurance carriers that are non-admitted but authorized to conduct business in the State of California, then they must meet the current A.M. Best rating of A-:X or better, unless otherwise approved in writing by the Public Agencies. 5.5 Coverage Amounts. All insurance coverage amounts hereunder shall be increased every five (5)years based on increases, if any, in the consumer price index. 6. INDEMNITY. 6.1 Indemnity. Subject to the provisions of Section 6.2 below,Developer shall protect, indemnify, defend, and hold harmless the Public Agencies from and against all claims, demands,expenses,liabilities,losses,damages,and costs, including without limitation any actions or proceedings in connection therewith and reasonable attorneys' fees related thereto, incurred in connection with, arising from, due to or as a result of the death of, or any accident, injury, loss, or damage, howsoever caused, to, any person or loss or damage arising as a result of Developer's or Developer's Permittees' acts or omissions on or related to the Station Property and the PUDO, including without limitation, the Parking and Staging Easement and the Milliken Parking Easement described in Section 4.2.4 and the Temporary Construction Easement in Section 4.2.6. Subject to the provisions of Section 6.2 below, the Public Agencies shall protect, indemnify, defend, and hold harmless the Developer from and against all claims, demands, expenses, liabilities, losses, damages, and costs, including without limitation any actions or proceedings in connection therewith and reasonable attorneys' fees related thereto, incurred in connection with, arising from, due to or as a result of the death of, or any accident, injury, loss, or damage, 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -20- Page 212 howsoever caused, to, any person or loss or damage arising as a result of the Public Agencies' or their Permittees' acts or omissions on or related to the Surface Property and the PUDO. 6.2 General Provisions. Notwithstanding anything to the contrary in this Section 6, neither Parry shall be entitled to indemnification for damage to the extent caused by or arising from its negligence or willful misconduct or the negligence or willful misconduct of its Permittees. 7. ENFORCEMENT AND REMEDIES. If any Parry defaults in the performance of any obligation under this Agreement ("Defaulting Party" with respect to each individual instance of such default), and if such default remains uncured thirty(30) days after written notice from the other Party("Nondefaulting Party"with respect to each such individual instance of such default), stating with particularity the nature and extent of such default, then Nondefaulting Party shall have the right to (i)perform such obligation on behalf of such Defaulting Party, (ii)be reimbursed by such Defaulting Party within thirty (30) days of written demand therefor, together with interest at the lesser of the rate of twelve percent (12%) per annum or the maximum rate permitted by law,and/or(iii) commence an action against the Defaulting Party for injunctive relief (including mandatory injunction or specific performance) and/or damages; and nothing in this Agreement, including without limitation the foregoing language and including that a cure period is provided and that a cure may timely occur, shall limit or be in denigration of the rights and remedies of the Nondefaulting Party,including the right to damages and/or other legal or equitable remedies or relief. The failure of the Nondefaulting Parry to insist, in any one or more cases,upon the strict performance of any provision of this Agreement shall not be construed as a waiver of the future breach of such provision or any other provision of this Agreement. 8. APPROVALS AND DISPUTE RESOLUTION. Except as otherwise specifically provided herein,no approval shall be unreasonably withheld or delayed. If the Parties are not able to agree on any matter which is to be approved by Party or Parties pursuant to this Agreement, the matter shall,upon demand of any Party, be determined pursuant to the provisions set forth below. 8.1 Meet and Confer. If the Parties are unable to resolve a dispute within ten(10) days of written notice of a dispute, the Parties will, at the written request of any Parry, require that the matter be reviewed by a senior level executive of each Party (in the case of Developer, by a Senior Vice President or higher, and in the case of the Public Agencies, by the Assistant City Manager or higher or the Deputy Executive Director or higher, as applicable). If senior level executives cannot reach a resolution within ten (10) days of commencing their meet and confer then any Party may seek judicial resolution. 8.2 Costs. Each Party will bear its own costs, including attorneys' fees, which it incurs. In the event the parties use a mediator or arbitrator, they will share equally in the costs of the mediator's services. 9. REVERSIONARY RIGHT. 9.1 Reversionary Right. Reference is hereby made to the reversionary right of the Public Agencies with respect to the Station Property as set forth in DDA Section 5.2.2. With 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -21- Page 213 respect to such reversionary right, as a matter of clarification, the Parties agree that, if the Public Agencies repay the amount set forth in DDA Section 5.2.2, and there is any secured loan or lien encumbering the Station Property, then the amount paid shall be paid to the secured lender or lienholder to the extent necessary to require a reconveyance/release of the applicable deed of trust or other lien under California law. Additionally, the reversionary right shall no longer apply following the completion of the required improvements set forth in the DDA by Developer and commencement of revenue service on the high speed rail line from the HSR Station. 10. RIGHT OF FIRST NEGOTIATION. 10.1 First Negotiation. If the Public Agencies elect to sell all or a portion of the Surface Property and/or the PUDO (which shall be subject to easements and/or licenses provided to Developer),or the Public Agencies receive a bona fide offer to buy all or a portion of the Surface Property and/or PUDO from a purchaser which is acceptable to the Public Agencies, Developer shall have the right of first negotiation to purchase the Surface Property and/or PUDO from the Public Agencies pursuant to the following terms and conditions: 10.1.1 Sale Notice. If the Public Agencies elect to sell all or a portion of the Surface Property and/or PUDO, the Public Agencies shall first notify Developer (or its successor owner of the Station Property) in writing before the Surface Property and/or PUDO (or such portion)becomes available for sale to third parties, or if the Public Agencies receive the bona fide offer described above, the Public Agencies shall notify Developer that the Public Agencies have received such an offer ("Sale Notice"). Pursuant to such Sale Notice, the Public Agencies shall then negotiate with Developer to sell the Surface Property and/or PUDO (or such portion)to Developer. The Sale Notice shall set forth the proposed economic terms (including, without limitation, purchase price) and conditions upon which the Public Agencies are willing to sell the Surface Property and/or PUDO (or such portion) (collectively, the "Economic Terms"). 10.1.2 Procedure for Acceptance. If Developer wishes to exercise Developer's right of first negotiation,then within ten(10)business days of the delivery of the Sale Notice to Developer, Developer shall deliver a written notice to the Public Agencies of Developer's exercise of its right of first negotiation, whereupon the Public Agencies and Developer shall then negotiate the terms of the sale for a period of sixty (60) days ("Negotiation Period"). Developer must elect to exercise its right of first negotiation to purchase all of the Surface Property and/or PUDO offered (not less than what is offered). If Developer does not so notify the Public Agencies within the ten(10)business day period, or terms acceptable to the staff of the Public Agencies (which they would recommend to decision-makers for approval) are not reached during the Negotiation Period, then the Public Agencies shall be free to sell the portion of the Surface Property and/or PUDO offered to Developer to anyone the Public Agencies desire on any terms the Public Agencies desire, and Developer shall no longer have any right to purchase such portion of the Surface Property and/or PUDO; provided, however, if the Public Agencies desire to sell such portion of the Surface Property and/or PUDO (i) for less than ninety percent(90%) of the purchase price, or (ii) later than the date which is one year after the Negotiation Period, then the Public Agencies shall be obligated to give another Sale Notice to Developer in accordance with the terms of this Section 10.1.1 above. 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -22- Page 214 10.1.3 Agreement. If Developer and the Public Agencies agree on the terms of Developer's purchase of the Surface Property and/or PUDO (or a portion thereof), then the Public Agencies and Developer shall, within ninety(90) days thereafter, execute a purchase agreement upon which Developer shall agree to purchase the Surface Property and/or PUDO (or a portion thereof)with the following terms: (a) Developer shall complete its due diligence review of the Surface Property and/or PUDO within thirty (30) days following the date of the purchase agreement, (b) the close of escrow under the purchase agreement shall not occur later that thirty(30)days following expiration of the due diligence period, and(c) all remaining terms of the purchase and sale of real property that are in the DDA and not specified in this Section 10.1 shall apply to the purchase and sale transaction. 11. TRAFFIC SIGNAL IMPROVEMENTS AND MAINTENANCE/REPAIR. 11.1 Azusa Court/Milliken Avenue Intersection. Developer shall construct a traffic signal and associated intersection improvements at the intersection of Milliken Avenue and Azusa Court("Intersection") as part of the development and operation of the HSR Station. 11.2 Milliken Avenue/Station Property Driveway. Developer intends to utilize a right-in, right-out movement at the driveway entrance to the Station Property from Milliken Avenue("Driveway")as part of the development and operation of the HSR Station. With this configurations, the City is not requiring a traffic signal to control traffic at the Driveway. However, Developer may not utilize a left-in, left-out movement at the Driveway unless and until a fully signalized T-intersection is constructed and installed at the Driveway in accordance with Section 11.4,unless otherwise agreed to by the City. 11.3 Anaheim Place/Azusa Court Intersection and Azusa Court/Surface Property Driveway. Developer completed a traffic study to determine whether any additional traffic improvements are required at the intersection of Anaheim Place and Azusa Court and at the driveway entrance to the Surface Property from Azusa Court. Based on the updated traffic study, the intersection of Anaheim Place and Azusa Court shall be designed and constructed as a two- way stop with full buildout to accommodate a future traffic signal, including the installation of conduit,raceway, and sufficient space for future poles and support infrastructure. The intersection shall initially operate as a two-way stop, with the traffic signal to be installed by Developer when traffic conditions warrant, as determined by a traffic study to be initiated by Developer five (5) years following the commencement of fare-paying Brightline West train operations,and then every decade thereafter unless updated information (e.g., a dramatic rise in ridership or development) warrants a traffic study earlier than such decade milestone. The cost of the future traffic signal installation shall be allocated among Developer, the City, and SBCTA on a proportionate basis reflecting the respected uses of the intersection by Brightline West passengers, Metrolink passengers, and bus operations. Such traffic study prepared by Developer shall analyze such user shares, subject to the reasonable review and approval of the City and SBCTA. The City shall process all permits for the initial intersection improvements in accordance with the process set forth in Section 11.4. To the extent the City has the legal ability to do so, the City shall collect fair-share contributions from, or impose fair-share contribution conditions on, any future development approvals in the vicinity of the intersection to assist in funding the cost of the future traffic signal. If such contributions are collected by third parties, the amounts shall be shared 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -23- Page 215 proportionately with Developer, City, and SBCTA. City shall bear no liability for failing to collect such contributions from any third party. 11.4 Permitting Process for Traffic Improvements. Prior to beginning design of any traffic improvements, Developer's engineer shall meet with the City Engineer's traffic engineering staff to determine the appropriate design approach and operational characteristics for each traffic improvement. Developer will submit to the City a complete "Right-of-Way Application," including plans and specifications (the "Application") for approval of the construction and installation of each traffic improvement. The City will fairly and, in accordance with the City's customary practices, promptly process (i) the Application within one hundred twenty (120) calendar days of receipt of the Application from Developer (or its agents, representatives, or designees) and all additional applications by Developer (or its agents, representatives, or designees) for City permits necessary for the construction and installation of each traffic improvement, including not limited to, any requisite construction permits, grading permits, building permits, mechanical permits, electrical permits, drainage permits, permits, and requests for inspections and approvals. The City reserves all rights and inherent duties in processing the Application to conduct a good faith review of the Application and to perform its obligation to not approve an incomplete Application if the Application is missing required technical information or is not in compliance with permit approval requirements. The City agrees to promptly notify Developer in writing of any incomplete items, missing information, and the City permit requirements. Developer shall construct and install all traffic improvements in accordance with then existing City standards. Provided the traffic improvements are accepted and completed in accordance with the foregoing (including applicable permits), the City agrees to accept and maintain all traffic improvements once complete. 12. USE OF CITY-OWNED PROPERTY. Developer and the Public Agencies cooperatively negotiated the DDA and associated easements to facilitate the development of the HSR Station. As a result thereof and as of the effective date of this Agreement, Developer acknowledges that the only City-owned property to be used for the HSR Station and any related facilities is identified in the DDA. Except as expressly set forth otherwise in the DDA, Developer shall not use or attempt to use the following City-owned property for transit uses as part of the initial development of the HSR Station without the prior written consent of the City in its sole and absolute discretion: (1) the Transit Center described in Exhibit C; (2) the Milliken Site; (3) the City-owned property adjacent to the I-15 Freeway and identified as APNs 0229-021-8 1-0000 and 0229-021-80-0000; and (4) property to be dedicated to the City for public use within the area governed by the Resort Specific Plan on the now-closed Empire Lakes Golf Course located north of Sixth Street, south of the BNSF/Metrolink rail line, west of Milliken Avenue, and east of Utica/Cleveland Avenues. Developer further acknowledges and agrees that if it needs additional City-owned property as part of the initial development of the HSR Station, it shall cooperatively negotiate directly with the City regarding the acquisition of such additional property. The foregoing shall not constitute a waiver of Developer's condemnation powers beyond the initial construction of the HSR Station (i.e., does not limit future use for expansions or reconstruction after the initial HSR Station is constructed and operational). 13. PUBLIC ART. If Developer receives approval of the Consolidated Rail Infrastructure and Safety Improvements grant ("Grant Approval"), Developer shall design, procure, fabricate, and install public art on the exterior facade of the parking garage as part of the 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -24- Page 216 HSR Station subject to the reasonable approval of the City("Art Installation"),in an amount equal to 1.5%of the amount of such Grant Approval,not to exceed One Million Five Hundred Thousand Dollars ($1,500,000.00). If the City desires to enhance the design, procurement, fabrication or installation costs beyond Developer's funding commitment as outlined above, the City shall be responsible for any such additional costs. If Developer does not receive Grant Approval, Developer shall have no obligation to install the Art Installation or bear any costs relating thereto; provided, however, Developer shall include in the design of the HSR Station the future potential installation of the Art Installation by the City and shall reasonably cooperate, at no out-of-pocket cost to Developer, with the City regarding with the design, fabrication and installation of the Art Installation. 14. MISCELLANEOUS. 14.1 Notices. Except as otherwise provided herein, notice to be given to a Party must be in writing and may be delivered to the Party by nationally reputable overnight courier, charges prepaid, or by certified mail, return receipt requested, to the address below (or alternative address subsequently noted by such Party). Such notice is deemed delivered the first business day after delivery to such courier or, if sent by certified mail, the date of delivery or refusal to accept delivery or inability to deliver shown on the return receipt. A party may change its address(es) for notices by a notice given pursuant to this Section. City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager SBCTA: San Bernardino County Transportation Authority 1170 W. Third Street, 2nd Floor San Bernardino, CA 92410 Attn: Director of Transit&Rail Programs With a copy to SBCTA General Counsel At the SBCTA address above Developer: DesertXpress Enterprises, LLC 8329 W. Sunset Road, Suite 150 Las Vegas,NV 89113 Attn: President With a copy to Developer's Legal Department At the Developer address above 14.2 Interpretation. This Agreement is not intended to create, nor shall it be construed to create, a joint venture, a partnership, or any other similar relationship among any of the parties. The captions of the various provisions of this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents thereof. Any references to "Section" or "Sections" contained in this Agreement shall refer to that "Section" or those 4877-5650-6677.40 378683.00002/2-23-26iamcimrf -25- Page 217 "Sections" contained in this Agreement. This Agreement shall be construed in accordance with the laws of the State of California. Time is of the essence in this Agreement. 14.3 Entire Agreement. This Agreement supersedes all prior written or verbal representations or declarations of the parties with respect to the subject matter hereof. For the sake of clarity, the subject matter of the Reserved Easements are separate and distinct from this Agreement and, as such, this Agreement does not apply to, cover or address the Reserved Easements. In the event of any conflict or inconsistency, the Reserved Easements shall control. 14.4 Amendments. No addition,modification,amendment or waiver of any part of this Agreement shall be binding or enforceable unless executed in writing by the Parties and recorded in Official Records. 14.5 Remedies Cumulative. All remedies provided in this Agreement are cumulative. Therefore, notwithstanding the exercise by a Party of any remedy hereunder, such Party shall have recourse to all other remedies as may be available at law or in equity. The failure of a Party to insist upon strict performance of any provision of this Agreement shall not be deemed a waiver of any rights or remedies that such Party may have and shall not be deemed a waiver of any subsequent breach or default of any provision hereof by the same or any other Party. 14.6 Covenants Running with Land. The covenants contained in this Agreement shall constitute covenants running with the land; shall be binding upon, and shall inure to the benefit of and appurtenant to, the Station Property, the Surface Property, the PUDO, and any portion thereof or interest therein; and shall be binding upon, and shall inure to the benefit of, the Developer, City, SBCTA and any person having or acquiring any interest therein and their successive owners and assigns. 14.7 Recordation; Effective Date. This Agreement shall be recorded in the Official Records and shall be effective upon the date thereof. 14.8 Estoppel Certificate. Each Party to this Agreement shall endeavor to issue to the requesting Party, or to any prospective purchaser of such requesting Parry's parcel, within fifteen(15) days after the written request of any other Party, but in all events prior to thirty(30) days after such written request, an estoppel certificate stating (i)whether the Party to whom the request has been directed knows of any default under this Agreement and, if there are known defaults, specifying the nature thereof, (ii)whether this Agreement has been modified or amended in any respect and specifying the nature thereof, and (iii) whether this Agreement is, at that time, in full force and effect. 14.9 Mechanics' Liens. If a Party to this Agreement(the "Responsible Party") shall permit any mechanics' liens to be filed against another Parry's parcel (an "Affected Party"), the Responsible Party shall either pay the same and have it discharged of record promptly, or take such action as may be required to reasonably and legally object to such lien and the placing of same against such Affected Party's parcel. In all events,the Responsible Party shall cause the lien to be discharged prior to the entry of judgment for foreclosure of such lien. Upon request of an Affected Party,the Responsible Party shall furnish such security,bond or indemnity to and for the 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -26- Page 218 benefit of such Affected Party as may be required to permit a title endorsement or title policy to be issued relating to such Affected Party's Parcel without showing thereon the effect of such lien. 14.10 Duration. Unless terminated by agreement of the Parties, including without limitation execution, acknowledgement and recording in the Official Record of an instrument confirming or otherwise reflecting such termination, this Agreement and each term, easement, covenant, restriction and undertaking contained herein will remain in effect for a term of ninety-nine (99)years following recordation hereof and will automatically be renewed for successive ten(10) year periods thereafter. Termination of this Agreement shall not discharge or excuse any unpaid obligation, and the rights and remedies for collection of any unpaid obligation shall survive the Agreement's termination. Notwithstanding any election by the Parties to terminate this Agreement,each easement created hereby which benefits the Station Property and/or the Surface Property and its respective owner or owners and Permittees shall be deemed to exist in perpetuity unless it is quitclaimed, or otherwise terminated and extinguished by each Party benefited by such easement. Any Parry may request that such easement be documented by separate documentation in the event of a termination of this Agreement. 14.11 Severability. If any clause, sentence, or other portion of this Agreement shall become illegal, null, or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. 14.12 Governmental Powers. Nothing in this Agreement shall be construed as a waiver or modification of any governmental rights or powers of the Public Agencies. 14.13 Force Majeure. Provided that the Party or Parties claiming such delay gives written notice to the other Party or Parties of the nature of the cause of delay within ten(10) business days after the inception of the delay, and not otherwise, if any Party or Parties shall be delayed or hindered in or prevented from the performance of any construction or maintenance obligation required to be performed by such Party or Parties under this Agreement by reason of acts of God, natural disaster (including earthquake, hurricane, flood or severe prolonged adverse weather conditions),the outbreak of a pandemic virus or other pandemic disease, strikes,lockouts, unavailability of materials, failure of power, governmental laws or regulations, a declaration of a national, state or local emergency, directives or orders by a Governmental Authority (including orders by the federal Centers for Disease Control or its successor, or any state, county, or local public health department), riots, insurrections, adverse weather conditions preventing the performance of work as certified to by the licensed architect, engineer, or other individual overseeing the performance of the relevant work, war or other reason beyond such Party's or Parties' control, then the time for performance of such act shall be extended for a period equal to the period of such delay. Lack of adequate funds or financial inability to perform is not and shall not be deemed to be a cause beyond the control of a Party or Parties. 14.14 Effect of Agreement;Binding Covenants; Equitable Servitudes. Except as otherwise expressly provided herein, no rights or privileges conferred by this Agreement upon the Parties hereto shall inure to the benefit of any Permittee or other person or entity other than the Developer, City, SBCTA, or their respective successors and assigns, nor shall any such other person be deemed to be a third-party beneficiary of any of the provisions contained herein. Each and all of the restrictions,covenants,and easements of this Agreement(i) shall constitute equitable 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -27- Page 219 servitudes which shall apply to and be binding on the Parties hereto and each and all of their respective successors, assigns, and Permittees; and (ii) are imposed pursuant to a general plan for the improvement and use of the HSR Station and are designed for the mutual benefit of the Parties to this Agreement. 14.15 Time of Essence. Time is of the essence of every provision hereof in which time is a factor. 14.16 City Manager Authority. The City Manager of the City may give all approvals and make all elections described herein on behalf of the City provided they are in writing. [SIGNATURES ON FOLLOWING PAGE] 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -28- Page 220 The Parties have executed this Agreement as of the date first written above. DEVELOPER: CITY: DESERTXPRESS ENTERPRISES, LLC, CITY OF RANCHO CUCAMONGA a Nevada limited liability company By: L. Dennis Michael Mayor By: APPROVED AS TO LEGAL FORM: Sarah Watterson, President APPROVED AS TO LEGAL FORM: Nicholas Ghirelli, City Attorney David M. Pickett, Associate General Counsel SBCTA: SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: Rick Denison, Board President APPROVED AS TO LEGAL FORM: Julianna K. Tillquist, General Counsel 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -29- Page 221 NOTARY ACKNOWLEDGEMENTS A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF On , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF On , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature NOTARY ACKNOWLEDGEMENTS 4877-5650-6677.40 378683.00002i2-23-26/amc/mrf -30- Page 222 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF On , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -31- Page 223 EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF STATION PROPERTY APN: 0209-272-11, 0209-272-22,& 0209-143-21 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California. filed in Book 177. pages 90 through 96, inclusive of Parcel Maps. in the Office of the County Recorder of said County, together with a portion of the SANBAG(formerly A.T. & S.F.)Railroad Right-of-Way, as shown on said Parcel Map. filed in the Office of said County Retarder.within Section 13. Township 1 South. Range 7 West, San Bernardino Meridian,together with a portion of the land described as Rancho Cucamonga Metrolink Station Phase I. in the Grant Deed recorded October 06- 1994. as Document No. 1994-0409793,of Official Records of said County. described as follows: Commencing at the northeast corner of Section 13. of Township 1 South. Range 7 West. San Bernardino Meridian. as shown on said Parcel Map_ Thence along the easterly line of said Section 13. South 001129'50" East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation line South 89143'55 Vilest 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 891143'55 West 12.83 feet to the Paint of Beginning; Thence South 001100'00"West 568.51 feet to the southeasterly line of Parcel 15 per said Parcel Map; Thence along said southeasterly line South 46046'47"West 23.71 feet to the southerly line of said Parcel 15; Thence along said southerly lure South 89036'24"West 269.11 feet to the beginning of a tangent cui-ve. concave northeasterly.having a radius of 117.00 feet; Thence northwesterly,along said curve.being the southwesterly line of said Parcel 15. through a central angle of 29°43'40"an arc length of 60.71 feet: Page 1 O = 4877-5650-6677.40 EXHIBIT A 378683.00002/2-23-26/amc/mrf -I- Page 224 Thence leaimg said southerly line North 00°10'37"West 569.93 feet to said northerly line of the Rancho Cucamonga Metrohnk Station Phase I; Thence North 00°10'37"West 33.38 feet-, Thence North 87°50'29"East 346.61 feet-, Thence South 00°00'00"East 44.81 feet to the Point of Beginning,- Excepting therefrom only that certain eight-foot-high parcel described in Exhibit B 1 hereto. Gross Area contains 215,146 square feet,more or less. Excepted Area contains approximately 122,890 square feet,more or less, and eight feet M height- See Exhibits `A-2' attached hereto and made a part hereof. This real property description has been prepared by me,or under my direction,in conformance with the Professional Land Surveyor's Act(Sus- &Prof Code §8700)- Signature: Zl Sean M. 5nmth.PLS 8233 Date: 7/21/2025 vr4. a233 4F CAS'# Page 2 of2 LEGAL DESCRIPTION AND DEPICTION OF STATION 4877-5650-6677.40 PROPERTY 378683.00002i2-23-26/amc/mrf -2- Page 225 EXHIBIT 'A-2 ' ,4PN TYPE OF ESTATE AREA 0209-143-21, FEE TOTAL, 215146 SF 0209-272-11 do 22 NORNERLY LONE RANCkdO CUCAMONCA A T&SF RR F�c N€ COR. PARCEL MAPrev. r�s¢7 AdEIROLINK STAPON PHASE 7 APN' 0209-143-21 PER P.M. 177 9D 9 SEC. r3 PER 00C. NO. 9 4-04 09 793, O.R., REC. 1010611994 ,O N87'S0 29 E 346.61 rig �RfW - - - 3 NE CDR. AFN 0209-272-1T PHASE p LINE TABLE NO. BEARING DISTANCE LQ V SF029:50 IE 50.00' L2 S894355"W 30.00' L3 S894355'w' 12.83' ` y L4 5 '6 7'N 3.71' F10000' i5 ?O'0'37"E 33.38' L6 SO000'00"E 1 44.81 w PARC,L l AP 190-9 SEC 13 T. ]S R.7V! S 8.M, ar N 0 0 - 72-22 C3 a IN AdARk TH X Rr BOONOARrES OF 7?'E OGHT-FOOT-HfGH PARCEL LEI • h EXCEPTED W EXHIBIT Al \ CER NDRTHW —L ;Y gg l� LINE PARCEL 5 A i SOUTHERLY LINE PARCEL 15 CURVE TABLE NO. DELTA I RADIUS LENGTH Cl 2943'40" 1 117.00' 60.Tr' CI S893624"W 269.1I' L4 pTy OF RANCHO CUCAWNGA - - COUNTY OF SAN BERNARDINO AZUSA COURT � L L4'� L E-CE�D THIS FLA T WAS PREPARED � ® UNDER ANY 01REC770K Interest excepted in fxhibr( b1 sE+�+ M. Suin+ ® Interest described in Exhibit Of - Na asap FOC Point of Commencement T121l2025 e SE4N 1d. SMITH, PL 8233 DATE Tc� a� FOB Pvin} of Beginning Qi CA4�4 SCE So0hem California €d+san SF Square Feet FEET 0 50 100 200 400 P12FPARED 9Y.- PREPARED SCALE SHEET NO. TOTAL P S 0 M A S BY SHEETS r650 scow 5b-0. &,�son Aw Caw—v2sor MNS l'-100' r f957)78�9fYf.�rvsonox cmn LEGAL DESCRIPTION AND DEPICTION OF STATION 4877-5650-6677.40 PROPERTY 378683.00002/2-23-26/amc/mrf -3- Page 226 EXHIBIT B LEGAL DESCRIPTION AND DEPICTION OF SURFACE PROPERTY APN: 0209-272-22 Thatportion ofParcel 15 of Parcel Map Igo_ 14647,in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177,pages 90 through 96, inclusive,of Parcel Maps,in the Office of the Comity Recorder of said County,within Section 13,Township I South,Range 7 West,San Bernardino Meridian, described as follows: That certain 8-foot-high portion of land,of the real property described herein. being the air space above the above-described land,bounded above by a horizontal plane 8 feet abo-ve the highest ground surface elevation_ and as depicted in Exhibit B-4; Commencing at the northeast comer of Section 13,of Township 1 South,Range 7 West, San Bernardino Meridian_ as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29'50"East 50.00 feet to the intersection of the easterly prolongation of the northerly line of the land described as Rancho Cucamonga Metrolink Station Phase I,in the Grant Deed recorded October 06, 1994,as Document No_ 19 9 4-0409 7 9 3,of Official Records of said County; Thence along said easterly prolongation line South 89043'55 West 3 0.0 0 feet to the northeasterly comer of said Rancho Cucamonga Metrohnk Station Phase I,- Thence continuing along said northerly lice South 89°43'S5 West 12.83 feet; Thence lea--ing said easterly prolongation line and northerly line South 00°00'00"East 123.77 feet; Thence North 90=00-00"Vilest 11.14 feet to the Point of Beuinniug, Thence South 00--00-00"East 139.00 feet; Thence-North 90=00-00"West 15.75 feet; Thence South 00°00-DF East 34.50 feet; Thence South 89°53'05"East 15.75 feet; 4877-5650-6677.40 EXHIBIT B 378683.00002/2-23-26/amc/mrf -I- Page 227 Thence South 00°00'00"East 258.88 feet; Thence North 90°00'00"West 16.42 feet; Thence South 00°00'00"East 12.08 feet; Thence North 90°00'00"West 201.25 feet; Thence North 00°00'00"East 13.41 feet; Thence North 89°53'05"West 28.33 feet; Thence North 00°00'00"West 180.29 feet; Thence North 90°00'00"West 62.00 feet; Thence North 00°00 00"West 250.75 feet; Thence North 90°00-00"East 61.42 feet to a point hereinafter referred to as Point"A"; Thence leaving said Point"A"North 90°00'00"East 159.64 feet to a paint hereinafter referred to as Point"B"; Thence leaving said Paint"B"North 90°00'00"East 86.94 feet to the Paint of Beginning; Excepting therefrom ti3.ith that portion of the land described bellow as Parcel"C"and Parcel"D"_ Parcel"C" Commencing at the above-described Paint"A", Thence leaving said Point"A"South 00°00'00' East 7.42 feet to the Point of Beginning; Thence North 90°00'00"East 25.17 feet; Thence South 00406'55"West 15.26 feet; Thence North 89453'05"West 25.14 feet; Page 2 of LEGAL DESCRIPTION AND DEPICTION OF SURFACE 4877-5650-6677.40 PROPERTY 378683.00002/2-23-26/amc/mrf -2- Page 228 Thence North 00TWOV East 15.21 feet to the Point of Beginning; AND Parcel"D" Commencing at the above-described Point"B" Thence leaving said Point`°B" South 001100'00"Vest 7.42 feet to the Paint of Beginning; Thence North 90°00'DD-East 32.61 feet; Thence South 00°00'00"East 15.32 feet; Thence North 89a53'05"West 32.64 feet: Thence North 00"06'55"East 15.25 feet to the Point of Beginning; Gross Area contains 123,770 square feet,more or less_ Excepted Area contains approximately 882 square feet,more or less. See Exhibits`B-2' and `B-3' attached hereto and made a part hereof. The bearings and distances used in the above description are based on the C'.aliforiiia Coordinate System of 1983,(CC S83),Zone 5,2010.0 epoch.Divide disvinces shown by 0.9999392898 to obtain ground distance. This real property description has been prepared by me,or under my direction,in conformance l;rith the Professional Land Surveyor's Act(Sus_ &Prof Cade §8700). LA $ pn 61_ m�h signature: .�:: a Sean M_ Smith,TFLS 8233 No. $23.3 Date: 7/21/2025 ' OF Cr Pam 3 On LEGAL DESCRIPTION AND DEPICTION OF SURFACE 4877-5650-6677.40 PROPERTY 378683.00002i2-23-26/amc/mrf -3- Page 229 EXHIBIT ' B-2 ' APN TYPE OF ESTATE AREA 0209-272-22 FEE TOTAL: 123,770 SF NORTHERLY LINE RANCHO CUCA.MONGA POC NE COR. 41ETROCIJV1fSTA TION PHASE I AT&SF RR PARCEL 41AP NO. 14647 SEC 13 PER DOC. NO. 94-0409 793 D.R., APN. 0217 9-1 43-21 PER P.M. i77f90-96 REC. 7010611994 L7 L2 � -RIW APN: 0209-272-11 FAITC15L 15 NE COR_ PARCEL MAP W, 1-45-47 a A 1 3 PHASE 1 P,ml 177/90-9.6 ni DET&L 13ETAIL NOTE- SEE LINE TABLE ON SHEET 2 �SEE SHEET 7 SEE S7 � 1 N9000'00'E L4 L73 ---� 159.64' r - -�L14 P09 w I EXCEPTION I ARF4 PARCEJ_'C' PARCEL"D" q .SEC 13 L T f S. rT.7W O O I S.B.M. I Z EXCEPTION AREA L k I J L6CD I w 1 L7 4 U k APN: 0209-272-22 If 130 C) E NORTH K ES TERL Y 02 �� O LINE PARCEL 15 amp ti a a � � I � v L9 q SOUTHERLY LINE L}} Nao�o'aoNx� 201_25' PARCEL 15 -- - CITY OF RANCHO CUCAMONGA ����� ����� COUNTY OF SAN BERNARDINO � L FOF VD THIS PLAT WAS PREPARED UNDER MY DIREC7ON SEAN u. SMITH ® Indreo#es area #o be described _ *POC Point of Commencement Na 8233 7121J2025 4lk POB Paint Of Beginning SE,aN A1. SMITH, PL'f 8233 DATE S Q SCE Southem Collfomio Edison OP CAL 1� SF Square Feet FEET Q 50 100 260 4J6 PREPARED BY.. PREPARED SCALL SHEET NO_ TOTAL .7 P S 0 M A BY SHEETS 7650 sv.—51-4 5u.te{w Rf-WVkft canrw.cr F75Fi MNS 2 C¢7r)7d7—d;Pr rrrmarea+n Lh(iAL DESCRIPTION AND DEPICTION OF SURFACE 4877-5650-6677.40 PROPERTY 378683.00002i2-23-26iaacimrf -4- Page 230 EXHIBIT 'B-3 ' APN TYPE OF ESTATE AREA 0209-272-22 FEE PARCEL C TOTAL: 363 -'F PARCEL D TOTAL: 499 SF LWE TABLE LINE TABLE No. REARING DISTANCE NO. BEAR)IVG DISTANCE L 1 500 2950'E 50.00' L21 N90 00'00 E 32.61' L2 S894355'W 30.00' L22 SOD-00 00'E 75.32' L3 S894355'W 12.83' L23 N8953'05"W 32.64' L4 IV90'00'00"VY 11-14, L24 N0006'55'E 15.25' L5 N90'00'00"W 15.75' L6 SOO'QQ'OQ'E 3¢.50' APN: 0209-272-22 POINTT;A""4 L7 S89:53'05'E 15-75' 1 — i rs N90170'd0"E 159-64' - 1 L8 N90'00'00"W 16-42' 1 Lrs i Lis L 9 500'00'00'E 12.08' j PARCEL C j Lr9 PARCEL C 07 L 70 N00 00'00 E 13.41' I I L 11 N89 53'05"W 25-33' 1 L I S I I I L 12 N90'00'00"W 62,QO' 1 EXCEP770/V AREA 1 DETAIL APN: 0209-272-22 L1,3 N90VO'00"E 61.42' L - L14 N90Y10'00'E 86.94' poc r————— — APN: 0209-272-22 ———— L15 300'00'00'E 7.42' - 7s9.s4' L14 L 16 N90'00'00 E 25.T 7' 1 i L2I 1 POS L17 S0*0 '55 IN 1Jr. 1 PARCELO 1 L 24 PARCEL C i 22 L 18 N89'53'05"W 25.14' I I L19 NOO'00'00 E 15.21 L23 1 L20 SOO 00'OO E 7 42' 1 E -ON AREA L n€rarL------ aPN:-0z��209-2=z72=za _ J CITY OF RANCHO CUCAllONGA AZOSA COURT ---- COVNTY OF SAN sERNAROINC) L EOEND THIS PLAT WAS PREPARED ® indicates area to be excepted UNDER MY DIRECRON SEAN u. SMITH POC Point of Commencement * Hc. 9233 POS Paint of Beginning T121I2025y � SCE Southern Gotrtormo Edison SEA M SMI FH, PL 8233 DATE afi C Ak��p4 SF Squore Feet FEET a 50 100 260 400 PREPARED 8Y. PREPARED SCALE SHEET NO- TOTAL r7 P 0 M AS PY SHEETS 163Q Arwsdl• :.4., MNS Y..—70G 2 LEGAL DESCRIPTION AND DEPICTION OF SURFACE 4877-5650-6677.40 PROPERTY 378683.00002/2-23-26iamcimrf -5- Page 231 EXHIBIT ' B-4' APN TYPE OF €STA T€ AREA 0208-272-22 FEE TOTAL: N/A 5f A ON��i1R�A AIRSPFEE a.A~~ PI NO 5 D .4 G�GpEN�� Fo IN .� ��� R .,-. PFo >1 k4 RIO PC,• 6 y / 1 f f J � I AREA DESCRIBED IN "A-1" HORIZONTAL PLANE 8' ABOVE HIGHEST GROUND SURFACE ELEVATION WITHIN PROPERTY DESCRIBED IN "A-1" S' AREA DESCRIBED IN "13-1" GROUND SURFACE WITHIN AREA DESCRIBED IN 1.A-1" PROPERTY DESCRIBED IN "A-1" AIR SPACE RESERVATMN PROFILE DETAIL CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO PRfPARfD BY.• PREPARED SCALE Sr±EET.A10. TOTAL P S 0 M A S 8Y SHEETS :w .=tr,.f. ,w A. C.M_"507 d1NS NIA t a fASl7]B 7-B}Yf MA.p.10TORGM! LEGAL DESCRIPTION AND DEPICTION OF SURFACE 4877-5650-6677.40 PROPERTY 378683.00002i2-23-26iamcimrf -6- Page 232 EXHIBIT C LEGAL DESCRIPTION AND DEPICTION OF TRANSIT PROPERTY APN: 0209-272-11 & 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California,filed in Book 177,pages 90 through 96, inclusive,of Parcel Maps,in the Office of the Cotnnty Recorder of said County, together with that portion of the land described as Rancho Cucamonga Metrolink Station Phase I. in the Grant Deed recorded October 06, 1994,as Document No. 1994-0409793,of Official Records of said County, described as follows: All that portion of said Parcel 15,together with all that portion of said Rancho Cucamonga Metrolink Station Phase I; Excepting therefrom that portion lying casterly of the following described line: Commencing at the northeast corner of Section 13,of Touuship 1 South. Range 7 West, San Bernardino Meridian.as shown on said Parcel Map: Thence along the easterly line of said Section 13, South 00°29'50"East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase L Thence along said easterly prolongation of said northerly line South 891143'55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase L Thence continuing along saidnortherly line South 891,43'55 West 359.10 feet to the Point of Beginning; Thence South 00"10'37"East 569.98 feet to the southerly line of said Parcel 15, also being the Paint of Terminus_ Parcel contains 227,529 square feet.more or less. The bearings and distances used in the above description are based on the California Coordinate System of 1983,(CCS83).Zone 5,2010.00 epoch.Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibit `C-2' attached hereto and made a part hereof. haze:of 2 4877-5650-6677.40 EXHIBIT C 378683.00002/2-23-26iamcimrf-I- Page 233 This real property description has been prepared by me. or under my direction. in conformance with the Professional Land Siuveyor's Act (Bus. & Prof. Cade §8700). LAND c Scan M. Smith o Q � No. 82 33 OF CAS` Signature: �j;:: i Sean N1. Smith, PLS 8233 Date: 7/21/2025 EXHIBIT ' C-2 ' APN TYPE OF ESTATE AREA 0209-272—l1 & EASEMENT 227,529 SF 0209-272-22 R/W POC NOR TNERLY LINE RANCHO CUCAMONCA NORTHEAST METROLINK STATION PHASE 1 APN: 0209—f43-21 COR. SEC 13 PER DOC. NO. 1994-04 0 9 793, O.R. L1 RFC, 1010611994 POB L2 Rom' S89'43'55'W 359.09' NORTHEASTERLY CORNER PHASE 1 APN: 0209-272-1f DOC NO. 1994-040979J O.R. j RFC. ;0/06/7994 Z APN.' 0209-272-22 � SEC 1.3 3 T IS. R.7W. m a S.B.M. EA S w RN�31NE � 1 o d \ N pp �O PARCE,t�@177�� 196547 LINE TABLE R, 0 NO. REARING DISTANCE \ Li SOO29.50 E 50.00" 30 L2 S89 43'55"W 30.00' SOUTHERLY LINE w CITY OF RANCHO CUCAMONGA POT PARCEL 15 COUNTY OFF SAN BERNARDINO LEGEND THIS PLAT WAS PREPARED AZUSA COURT UNDER MY D1REC80N fl ® Indicates area of Grantor's Property r SE AN M. SMITH POC Paint of Commencement 7t �; 7/2 1 12 02 5 No. 8233 P08 Point of Beginning SEAN M. SMITH. PLS 8233 DATE POT Point of Terminus Sr Square Feet OP CAL�4 R/W Right—af--Way FEET 0 75 150 300 450 LINE TABLE PREPARFO 9Y, PREPARED SCALE SHEET NO, TOTAL N0. BEARING DISTANCE P S ® M A S 8Y SHEETS L! 50029"50 E 5F 0' 'aw sower simr,z"n rc» L2 I S89 43 55"W A«.raa cerrre.,b azsor TXR 1"-150, Y 1 LEGAL DESCRIPTION AND DEPICTION OF TRANSIT 4877-5650-6677.40 PROPERTY 378683.00002i2-23-26/amp/mrf -2- Page 234 EXHIBIT D LEGAL DESCRIPTION AND DEPICTION OF PUDO APN: 0209-272-11 & 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive of Parcel Maps, in the Office of the County Recorder of said County. together with a portion of the land described as Rancho Cucamonga Metrolinnk Station Phase I.in the Grant Deed recorded October 06, 1994, as Doctunent No. 1994-049793. of Official Records of said County. described as follows: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West. San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13. South 00029'50 East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation line South 89043'55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence along said northerly line South 89143'55 Nest 359.09 feet to the westerly line of the land described in Grant Deed Document No. . recorded on . in said office of the County Recorder of said County, Thence leaving said northerly line and alone said westerly line South 00010'37 East 45.67 feet to the Paint of Beginning: Thence along said westerly line South 00110'37 East 524.31 feet to the beginning of a non-tangent curve,concave northeasterly,having a radius of 117.00 feet: a radial line to said point bears South 29120'04" West, said point also being on the northeasterly Right- of-Way line of Azusa Court as shown on said Parcel Map; Thence leaving said westerly line northwesterly along said northeasterly line and last- mentioned curve through a central angle of 131134'21"an arc length of 27.72 feet: Thence along said northeasterly line North 47005'35"West 167.00 feet to the begim7ing of a tangent curve. concave northeasterly, having a radius 89.00 feet: Pate 1 :•__ 4877-5650-6677.40 EXHIBIT D 378683.00002/2-23-26/amc/mrf -I- Page 235 Thence northwesterly along said northeasterly line and last-mentioned cluy.e through a central angle of 161126'21",an arc length of 25.54 feet; Thence along said northeasterly line North 301139'16"West 45.16 feet; Thence leaving said northeasterly line of North 001,04'24" East 329.04 feet; Thence North 87054'53"East 181.73 feet to the Point of Beginning: Parcel contains 79,965 square feet.more or less. See Exhibits �D-1' attached hereto and made a part hereof. This real property description has been prepared by me. or raider my direction, in conformance with the Professional Land Surveyor's Act (Bus. & Prof. Cade §8700). �y LMD �G`, Signahlre: r tL d $van U Smith Sean M. Smith. PLS 9233 Date: 7/21/2025 rr . 8236 Page DESCRIPTION AND DEPICTION OF 4877-5650-6677.40 PUDO 378683.00002i2-23-26/amc/mrf -2- Page 236 EXHIBIT 'D-2' APN TYPE OF ESTATE AREA 0209-272- 0209-272-11 RUDO EASEMENT TOTAL- 79,965 5F POC NORTHERLY L(NE RANCHO CUCAMONGA A T&SF FAR PARCEL MAP 11y��0.I4f347 NE COR. ME77dOLlNlC STATION PHASE 1 APN• 0209-14 -21 PER P.M. l77/'95 SEC 13 PER DOC. NO. 94-04 09 79 3, O.R., NE COR. LI _ _ RFC. 1010611994 PHASE I L2 I-Rfw Rfl6+� -- -- S89'43'WW 359.09- - - APN: 0209-272-11 S00'10'37"E 45.67' N87'54'53"E 181.73' Pf78 I I 0iv CURVE TABLE I � �01 CURVE NO. RADIUS DELTA LENGTH CI 11700 T33427" 27.72' " 4 o C2 89.00 1626'21" 25-54' Z W q APN.• 0209-272-22 '30' WESTERL Y o n C a CORNER OF N WESTERL Y LINE OF GRANT DEED PARCEL 15 n DOCUMENT NO. I I Q W RECORDED ON . IN SAID OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. \ PARDEL 16 NORTHWESTERLY o LINE PARCEL 75 In PAROEL MAP No, 14647 P.M. z LINE TABLE = "� N30'39'141"W LIN€ NO. OIR€CT70N L€NG7H I 45. 6' 1 C2 g(3 L 1 S00 29 50"E 50.00' w I 4J f 7 0 a-+ L2 589-43'55"W 3O.00' 6, SEC 13 's_> SODTHERL Y LINE T IS. R.7W, �• � PARCEL 15 S.B.M. Cl USA CITY OF RANCHO CUCAMONGAZ CCCfRT ��' L COUNTY OF SAN BERNARDINO THIS PLAT WAS PREPARED s� LEGEND UNDER MY DIREC77ON sEnN M. sMlni � * No.8233 ® Mdicafes area to be described 7/2112025 POC Palm of Commencemen f 9� PO8 Polnt of Beglrrning SEAN M. SMITH,, PLS B233 DATE � OF C AL.�' Q SCE Southern Califomlo Edison FEET 0 50 700 200 400 SF Square Feet PREPARED By- PREPARED SCALE SHEET NO. TOTAL P S V M A 5 it Y SHEETS i650 Spear 31.4 Sint!400 Ri'�ydr.C..OR Aa 925D7 I00' I 1 (9 WVY-d421 Iwwjp o ..s LEGAL DESCRIPTION AND DEPICTION OF 4877-5650-6677.40 PUDO 378683.00002/2-23-26iamcimrf -3- Page 237 TABLE OF CONTENTS Page 1. DEFINITIONS..................................................................................................................2 1.1 Agreement.............................................................................................................3 1.2 City........................................................................................................................3 1.3 Developer Permittee..............................................................................................3 1.4 DDA......................................................................................................................3 1.5 HSR Station...........................................................................................................3 1.6 Metrolink...............................................................................................................3 1.7 Official Records ....................................................................................................3 1.8 Party ......................................................................................................................3 1.9 Permittee................................................................................................................3 1.10 Properties...............................................................................................................3 1.11 PUDO....................................................................................................................3 1.12 Public Agencies Permittee ....................................................................................4 1.13 San Gabriel Subdivision Lease Agreement...........................................................4 1.14 SBCTA..................................................................................................................4 1.15 Station Property.....................................................................................................4 1.16 Surface Property....................................................................................................4 1.17 Transit Center........................................................................................................4 2. USE RESTRICTIONS......................................................................................................4 2.1 Use Restrictions.....................................................................................................4 2.2 Maintenance and Security.....................................................................................4 3. MAINTENANCE AND OPERATIONAL OBLIGATIONS...........................................5 3.1 Maintenance and Repair........................................................................................5 3.2 Cooperation...........................................................................................................6 3.3 Operation of HSR Station.....................................................................................6 3.4 Modifications After Initial Construction...............................................................6 3.5 Operation of PUDO...............................................................................................6 4. EASEMENTS ...................................................................................................................7 4.1 Easements for the Benefit of the Surface Property...............................................7 4.2 Easements for the Benefit of the Station Property................................................8 5. INSURANCE..................................................................................................................13 5.1 Public Agency Insurance Requirements .............................................................13 5.2 Developer Insurance Requirements ....................................................................13 5.3 Insurance During Construction...........................................................................14 5.4 General Insurance Requirements ........................................................................18 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf Page 238 Page 5.5 Coverage Amounts..............................................................................................20 6. INDEMNITY..................................................................................................................20 6.1 Indemnity ............................................................................................................20 6.2 General Provisions ..............................................................................................20 7. ENFORCEMENT AND REMEDIES.............................................................................20 8. APPROVALS AND DISPUTE RESOLUTION............................................................21 8.1 Meet and Confer..................................................................................................21 8.2 Costs....................................................................................................................21 9. REVERSIONARY RIGHT.............................................................................................21 9.1 Reversionary Right..............................................................................................21 10. RIGHT OF FIRST NEGOTIATION ..............................................................................21 10.1 First Negotiation..................................................................................................21 11. TRAFFIC SIGNAL IMPROVEMENTS AND MAINTENANCE/REPAIR.................22 11.1 Azusa Court/Milliken Avenue Intersection.........................................................23 11.2 Milliken Avenue/Station Property Driveway......................................................23 11.3 Anaheim Place/Azusa Court Intersection and Azusa Court/Surface PropertyDriveway..............................................................................................23 11.4 Permitting Process for Traffic Improvements.....................................................23 12. USE OF CITY-OWNED PROPERTY...........................................................................24 13. PUBLIC ART..................................................................................................................24 14. MISCELLANEOUS .......................................................................................................24 14.1 Notices.................................................................................................................25 14.2 Interpretation.......................................................................................................25 14.3 Entire Agreement................................................................................................25 14.4 Amendments........................................................................................................25 14.5 Remedies Cumulative .........................................................................................26 14.6 Covenants Running with Land............................................................................26 14.7 Recordation; Effective Date................................................................................26 14.8 Estoppel Certificate.............................................................................................26 14.9 Mechanics' Liens ................................................................................................26 14.10 Duration...............................................................................................................26 14.11 Severability..........................................................................................................27 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf (ii) Page 239 Page 14.12 Governmental Powers.........................................................................................27 14.13 Force Majeure .....................................................................................................27 14.14 Effect of Agreement; Binding Covenants; Equitable Servitudes........................27 14.15 Time of Essence..................................................................................................27 14.16 City Manager Authority......................................................................................27 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf Page 240 SCHEDULE2 LIST OF STANDARD PERMITS,LICENSES,AND OTHER APPROVALS Project Wide: • FRA Final Design Approvals • Utility owner approval of utility relocations from the following utilities: SCE, So Cal Gas, IEUA, Verizon, Frontier, Spectrum/Charter, DWP, RCMU • Ministerial permits required at the time of construction(e.g., dust control, traffic control, SWPPP) Nevada Civil—LVP: • NDOT Occupancy Permit(global); ministerial under the Developer Agreement California Rail Segments: • Caltrans Encroachment Permit • Union Pacific and BNSF crossing permits • CPUC remaining crossing approvals Las Vegas Station: • Clark County Fire—Life Safety Permits Vehicle Maintenance Facility: • Clark County Fire—Life Safety Permits Hesperia Station: • City of Hesperia Fire Department—Life Safety Permits • City of Hesperia—Public Works Permits—Improvements • Encroachment Permit on Caltrans owned land Victor Valley Station: • Town of Apple Valley—Life Safety Permits Hesperia Traction Power Substation: • Local permits, planning and utilities 4935-5599-2377.12 SCHEDULE 2 378683.00002 -1- Page 241 SCHEDULE3 DEPICTIONS OF NEW SCE EASEMENTS r� C APN-02091431 City d Rancho OH ~� _ Easement -- � AiP14:024927229 oR APN.QM92n30�SCEM r 1:020927233(Lewis ProPon'i+) 4935-5599-2377.12 SCHEDULE 3 378683.00002 Page 242 SCE DirAdbuban System & Fiber- W wide Underu nd APN:�2291111 �SBCTA}Metrelink Easement I __ - 4935-5599-2377.12 SCHEDULE 3 378683.00002 Page 243 U ndaigtpund CalTFa r« ROW AMU29i 2120 PC E� a� 4935-5599-2377.12 SCHEDULE 3 378683.00002 Page 244 EXHIBIT "J" PIPELINE EASEMENT RECORDING REQUEST BY, AND WHEN RECORDED RETURN TO: DesertXpress Enterprises, LLC 8329 W. Sunset Road, Suite 150 Las Vegas,NV 89113 Attn: David Pickett, Esq. With a copy to: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager San Bernardino County Transportation Authority 1170 W. Third Street, 2nd Floor San Bernardino, CA 92410 Attn: Director of Transit and Rail SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY Free Recording Requested per Government Code 27383. EASEMENT FOR WATER AND SEWER PIPELINE (Brightline West Platform) THIS EASEMENT FOR WATER AND SEWER PIPELINE ("Agreement") is dated as of 20_("Effective Date") and is entered into by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("City") and SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a California municipal corporation ("SBCTA") (City and SBCTA, collectively, "Grantor"), and DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company d/b/a Brightline West and qualified to do business in California ("Grantee"). City, SBCTA and Grantee are sometimes hereinafter referred to individually as "Party" and collectively as the "Parties." Decisions of Grantor under this Agreement shall require the joint consent or approval of both SBCTA and City, with the manner of providing such consent or approval determined by each agency. RECITALS A. Grantee plans to construct a high-speed passenger rail system from Las Vegas, Nevada to Rancho Cucamonga, California ("HSR System"), together with related station facilities, utilities and supporting infrastructure in Rancho Cucamonga, California. Certain 4935-5599-2377.12 378683.00002/2-24-26/ -4- Page 245 portions of such facilities will be located within a portion of property jointly owned by SBCTA and the City that is improved with parking and transit improvements, said property being more particularly described on Exhibit A attached hereto and made a part hereof ("Grantor's Property"). B. Grantee desires that it be granted permanent easement for the construction, installation, reconstruction, replacement, relocation, operation, inspection, maintenance, repair and removal of pipelines and appurtenant facilities for water and sanitary sewer,including,without limitation,transmission and distribution mains,manholes,cleanouts,lift stations,valves,telemetry and control facilities, and all other usual and customary utility appurtenances (collectively, the "Pipeline Facilities")over,under,through,and across the portion of the Grantor's Property legally described and depicted in Exhibit B attached hereto and made a part hereof (the "Easement Area"),together with rights of vehicular and pedestrian ingress, egress and access over and across Grantor's Property as reasonably necessary to access the Easement Area and the Pipeline Facilities. The Pipeline Facilities(together with any ancillary appurtenances and related work)are referred to collectively in this Agreement as the "Improvements." C. Grantor's public purposes in entering into this Agreement include facilitating the development of transportation that will benefit the public, providing employment opportunities resulting from the work to be performed by Grantee and the operation of a high-speed rail project, and obtaining fair market compensation for the easement interest granted herein (and such compensation shall become part of the general funds of the City, in part, and SBCTA, in part, and in turn used for public purposes). AGREEMENT 1. Grant of Easement, Term; Consideration. (a) Non-Exclusive Easement for Pipeline Facilities. Subject to the terms and conditions of this Agreement, Grantor does hereby grant, bargain, sell and convey to Grantee, its successors and assigns a non-exclusive, permanent easement in, upon, over, under, through and across the Easement Area for the purpose of constructing, installing, locating, relocating, inspecting, operating, maintaining, repairing, replacing, upgrading and removing the Pipeline Facilities and otherwise using the Easement Area for water and sanitary sewer utility purposes consistent with the foregoing (the "Pipeline Easement"). The Pipeline Easement, together with the non-exclusive access easement granted in Section I(b) below, are referred to collectively as the "Easements." (b) Non-Exclusive Access Easement. In addition,the Grantor hereby grants to Grantee, its contractors, subcontractors, agents, employees, lessees, licensees, successors and assigns, a permanent and non-exclusive easement for vehicular and pedestrian ingress, egress and access on, over, across and upon the Grantor's Property, as the same may be developed and redeveloped from time to time provided that in all events access to the Easement Area is provided, as reasonably necessary for the purpose of performing such inspection and minor maintenance and repair of the Improvements. For purposes of this Section I(b), minor maintenance and repair of Improvements involves any maintenance and repair work that does not require the closure of any parking spaces or materially impact Grantor's access through Grantor's Property. 4935-5599-2377.12 378683.00002/2-24-26/ -5- Page 246 (c) Access for Construction and Installation. Any access to Grantor's Property for the initial construction and installation of the Improvements within the Easement Area shall be pursuant to the temporary construction easement provided for in the Disposition and Development Agreement between Grantor and Grantee and dated October 5, 2022 ("DDA"). Any additional construction or installations shall be covered by Section 1(e) below and shall require the consent of Grantor. Grantee acknowledges and agrees that it is not permitted to construct or install any improvements outside the Easement Area. (d) Access for Major Maintenance and Repair. Except for minor maintenance and repair covered by Section 1(b) above or in the event of an emergency, in which event telephonic notice as soon as practical is acceptable in lieu of advance written approval, any access to Grantor's Property for maintenance and repair shall require the prior written approval of Grantor, not to be unreasonably withheld, conditioned or delayed, and which request shall be reviewed and granted or denied within ten(10)business days of the written request. Grantee shall tailor its request for access to avoid interference with Grantor's rights to or use of Grantor's Property where possible or minimize interference to the extent avoidance is not possible. Any such access shall be consistent with the safety protocols described in Section 12 and shall at all times maintain at least one reasonably convenient ADA compliant path of pedestrian travel to all public transit and rail services located on or adjacent to Grantor's Property and furthermore, any such access shall maintain no less than the minimum number of ADA accessible parking stalls pursuant to statutory requirements. (e) Access for Replacement and Removal. Any access to Grantor's Property for construction, installation, replacement or removal of the Improvements after initial construction and installation under Section 1(b) above shall require an encroachment agreement or other temporary construction easement from Grantor, not to be unreasonably withheld, conditioned, or delayed. (f) Adjustments to Easement Area. Construction of the Improvements must be within the boundaries of the Easement Area, however, the Parties acknowledge that final design and construction of the Pipeline Facilities may require a non-material adjustment of the description of the Easement Area; provided, however, the plans for the Pipeline Facilities shall be subject to Grantor's approval. Upon completion of the construction of the Pipeline Facilities, Grantee shall provide an accurate as-built survey to Grantor and detailed as necessary for Grantee to produce a revised legal description acceptable to Grantor, and Grantor and Grantee agree to amend this Agreement(which amendment shall be recorded)to replace and refine(but not materially enlarge) the descriptions of the applicable Easement Area attached to this Agreement with the descriptions for the same as set forth in the as-built survey by mutually executing and recording such amendment in the Official Records of the County of San Bernardino. 2. Compensation. As a condition precedent to Grantee's occupancy or use of the Easement Area, Grantee will pay to Grantor the one-time sum equal to the fair market value of the easement interest and rights described herein, as determined by an appraisal obtained by Grantor, with one half of such sum payable directly to SBCTA and the other half payable directly to City. 3. AS-IS. Grantee accepts the condition of the Grantor's Property, including without limitation the Easement Area, in its current "AS-IS," "WHERE IS" and "WITH ALL FAULTS" 4935-5599-2377.12 378683.00002/2-24-26/ -6- Page 247 condition, without representation or warranty, express or implied, and subject to all existing matters of record and all matters that would be revealed by a diligent inspection of the Easement Area. Grantee agrees that its rights and remedies under this Agreement, including the Easement as well as its rights and interests in the Easement Area, including with respect to the installation, maintenance, and operation of the Improvements, are subject and subordinate to any (and all) existing easement(s), covenant(s), condition(s), restriction(s), reservations, rights of way, liens, encumbrances, and other matters of record on, under, affecting or relating to the Easement Area. Grantee also acknowledges that Grantor makes no representations, express or implied, as to the legal compliance,including compliance with laws governing Hazardous Materials(defined below) and other environmental laws, the physical condition, including the environmental condition, of or title to the Easement Area. This Agreement does not constitute, nor grant permission to use or occupy property, including property rights or interests, not belonging to, in the possession of or under the control of Grantor,and permission to use or occupy such property must be obtained from every owner,holder,user,possessor and controller of such property, separate from and in addition to this Agreement. 4. Authorized Improvements. The rights of Grantee to install,maintain, and operate the Improvements are subject to the terms of this Agreement, including Grantor's right to review and approve any and all Improvement plan(s), in its proprietary capacity as outlined below, as well as any applicable laws and license, permitting and approval requirements and conditions (and Grantor does not waive or release, and shall continue to have, any and all of its right(s)or power(s) in its governmental capacity in that regard to the extent applicable). In addition, any review and/or approval of any or all of such Improvement plan(s) by Grantor in its proprietary capacity as property owner prior to construction of the Improvements (i) shall not be deemed to be a review of any plans, drawings or specifications from an engineering or technical standpoint, (ii) may not be relied upon by Grantee (other than for the purpose of indicating that such review and approval occurred) and(iii) does not release,relieve or waive any obligation, liability or duty of Grantee or any right or remedy of Grantor (other than relating to whether the review and/or approval, as applicable, has occurred). 5. Intentionally Omitted. 6. Repair of Damage. (a) Damage to Public Improvements. Grantee shall promptly notify Grantor in writing if it becomes aware of any damage to or destruction of Public Improvements (as defined below). Whether or not Grantee notifies Grantor,if any damage is caused to Public Improvements directly or indirectly by Grantee (including, without limitation, Grantee's officers, directors, agents,representatives,employees,partners,managers,contractors,or subcontractors(collectively "Grantee Parties")) such repair work may be conducted by Grantor at Grantee's sole cost and expense or, if so authorized in writing by Grantor, may be repaired by Grantee at Grantee's sole cost and expense (whereupon Grantee shall promptly coordinate with Grantor on any necessary closures, and promptly perform the repairs). Grantee acknowledges and agrees that the foregoing terms of this Agreement, including their operation,will not waive,relieve or release Grantee from liability for damage or destruction, including any claim, demand, loss, liability, damage, cost or expense, including attorneys' fees, incurred or suffered by Grantor or others, including damage to 4935-5599-2377.12 378683.00002/2-24-26/ -7- Page 248 any property or injury to, including death of, any person, arising out of, resulting from or related to such damage or destruction caused directly or indirectly by Grantee or the Grantee Parties. (b) If Grantor elects to perform repair work for which Grantee has some or all responsibility, Grantee shall reimburse Grantor for its share of the reasonable costs of the repair work within thirty (30) days after delivery of a statement from Grantor describing the costs, including a statement detailing such costs and expenses. In the event payment in full is not made within said thirty (30) day period, the outstanding balance shall accrue interest at the maximum legal rate or a rate of twelve percent(12%) per annum, whichever is less, compounding monthly from the end of said thirty (30) day period until paid to cover administrative and other costs and expenses. 7. Encumbrance. Grantee may, at any time and from time to time, encumber to any bank, insurance company or other institutional lender, herein called"Mortgagee,"by one or more deeds of trust (the "Security Instrument"), all of Grantee's easement interest under this Agreement,provided that(i) such Security Instrument is subject and subordinate to this Agreement and all other interests of the Grantor hereunder, (ii) such Security Instrument shall not constitute in any way a lien or encumbrance on Grantor's rights or interests, and(iii) the Security Instrument shall not encumber any obligations that do not relate to the HSR System. No Mortgagee shall be liable to Grantor as the successor to the rights and obligations of Grantee under this Agreement unless and until such Mortgagee acquires the easement interest hereunder through foreclosure or other proceedings in the nature of foreclosure or as a result of an assignment in lieu of foreclosure or other assignment, action or remedy, nor shall a Mortgagee be liable for any defaults that occur after it conveys the easement interest hereunder. 8. Ownership of Improvements. The Improvements shall be owned by Grantee during the duration of this Agreement. Upon the termination of this Agreement by Grantor pursuant to (and subject to) Section 14, or otherwise by Grantee, the Improvements shall become the sole property of Grantor without compensation to Grantee or any Mortgagee, or, if Grantor so elects and upon written notice to Grantee within ninety (90) days of termination, shall be demolished and removed by Grantee from the Easement Area at Grantee's sole expense within twelve (12)months from the date of said notice (subject to extension for Force Majeure Events or by written agreement of the Parties), and the foregoing (and defense and indemnity obligations of Grantee under this Agreement) shall survive the termination of this Agreement. Nothing herein affects Grantor's rights or remedies as a governmental entity, such as the right to cause Grantee to abate a nuisance, and in connection therewith, remove Improvements (if Grantor has such a right as a governmental entity under applicable law). Except as expressly limited by the terms of this Agreement, including, but not limited to, Section 14 of this Agreement, in the event of a breach, default or failure of performance by Grantee, Grantor shall have such rights and remedies as are provided under applicable law or in equity, including the right or remedy of declaratory relief, specific performance, injunction and restitution. For the avoidance of doubt, Grantor acknowledges and agrees that the construction and operation of the HSR System and the Pipeline Facilities in accordance with this Agreement and applicable law and in a commercially reasonable manner are not a nuisance. 9. Waiver and Release. Grantee expressly waives, releases and relinquishes (a) any and all claims, causes of action, rights and remedies Grantee may now or hereafter have against 4935-5599-2377.12 378683.00002/2-24-26/ -$- Page 249 Grantor, and its officials, officers, employees, consultants, contractors, attorneys and agents (collectively, "Grantor Entities"), whether known or unknown for all events and circumstances arising prior to the date of this Agreement, with respect to liability for any (and all) claim(s), demand(s), loss(es), liability(ies), damage(s), cost(s) and expense(s), including damage to or loss, upon,above,beneath,or across the Easement Area or adjacent property owned by Grantor or either of them, unless and except to the extent such damage or loss is caused by the gross negligence or willful misconduct of Grantor Entities, and (b) all claims of contribution and reimbursement for costs of remediating Hazardous Materials (defined in Section 15 below) released or existing prior to the date of this Agreement in, on or near the Easement Area. GRANTEE HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"), WHICH IS SET FORTH BELOW: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." BY INITIALING BELOW, GRANTEE HEREBY WAIVES THE PROVISIONS OF SECTION 1542 IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES: Grantee's Initials The waivers and releases by Grantee contained in this Agreement shall survive the termination of this Agreement and shall be binding upon the assignees,transferees,and successors- in-interest of Grantee. 10. Grantor's Access. Grantee acknowledges that the Grantor's Property, including without limitation the Easement Area, may contain certain Grantor-owned facilities, whether public, enterprise, proprietary or otherwise as well as publicly and/or privately owned utilities, including, without limitation, storm drains, water, sewer, gas, electrical, cable television, fiber optics and appurtenant facilities, hereinafter referred to collectively as "Public Improvements". Except for access to the Improvements,which access is covered in the following sentence, Grantor and utility providers shall have access at any time, from time to time and without notice or liability to the Easement Area, including without limitation the Public Improvements. Except in the event of an emergency, in which event telephonic notice as soon as practical is acceptable in lieu of advance written approval, if Grantor (being either or both SBCTA and City, as the case may be) desires access to the Improvements, Grantor shall request Grantee's prior written approval, not to be unreasonably withheld, conditioned or delayed, and which request shall be reviewed and granted or denied within ten(10)business days of the written request, and Grantee shall endeavor to deliver approval of such request within five (5) business days when possible. Grantor shall 4935-5599-2377.12 378683.00002/2-24-26/ -9- Page 250 tailor its request for access so that it does not unreasonably interfere with Grantee's rights to or use of the Easement Area. Any such access must be consistent with the safety protocols described in Section 12 and Grantee shall cooperate with Grantor to determine how to safely provide access to the Easement Area for purposes of the work to be performed. Grantee shall have the right, but not the obligation, to add appropriate signage to the Improvements, including, without limitation, signs prohibiting access and requiring advance notice and permission prior to entry. Under no circumstances shall Grantor be liable in damages to Grantee, or to any successor, assign, assignee or Mortgagee, including any successor in interest, for Grantor's failure to request or obtain Grantee's permission, and Grantee covenants on behalf of itself and its successors and assigns, including successors in interest and any Mortgagee, not to sue for or claim damages against Grantor as a result of Grantor's breach of the notice requirements in this Section 10. 11. Intentionally Omitted 12. Safety Protocols. Grantee and Grantor will comply in good faith with all written safety procedures and protocols mutually developed by the Parties, as the same may be amended by the Parties in writing from time to time, and in all events to be prepared prior to the start of construction and rail operations. 13. Utilities. As between Grantee and Grantor, any required relocation of a utility that interferes with Grantee's project within the Easement Area is the sole responsibility of Grantee. Upon written request by Grantee, Grantor will provide utility contact information known to Grantor and make its right-of-way utility staff, if any,reasonably available on a reimbursable basis and Grantee shall pay or reimburse Grantor (within thirty (30) days after delivery (including deemed receipt pursuant to Section 21(a) below) of written demand) for said reasonable cost(s) and expense(s) incurred by Grantor. Grantee shall also be subject to the interest upon late payments as described in Section 6. 14. Termination. In the event(i) Grantee fails to commence construction of either the Improvements within the Easement Area or the adjacent train station within three (3) years of the Effective Date (as will be extended by Grantor if Grantee has made material progress toward meeting the requirements to commence construction), (ii) Grantee fails to complete construction within seven (7)years of the Effective Date(subject to a Force Majeure Event or any extension by written agreement of the Parties)or(iii)if,after commencement or re-commencement of passenger rail service, Grantee fails to actively operate the Pipeline Facilities for a period of eighteen (18) consecutive months (any period of non-operation due to construction or maintenance work which Grantee is performing with reasonable diligence, or subject to a Force Majeure Event or any extension by written agreement of the Parties is deemed to be operating for the purposes of this item (iii)) ("Abandonment"), Grantor may, subject to Section 14(a) below, after thirty(30) days written notice to Grantee,deem the Easements abandoned and terminate this Agreement;provided, however, Grantor may not terminate this Agreement if Grantee cures the Abandonment by resuming use of the Pipeline Facilities within the thirty(30) day period after written notice by Grantor. Additionally, Grantor may terminate this Agreement if Grantee fails to comply with this Agreement and then fails to cure such default within thirty (30) days after written notice from Grantor, and then continues to fail to cure such default within five (5) business days following a second written notice from the Grantor sent after the initial 30-day period, with each such notice stating in all capital and bolded letters of at least 12 point font: "FAILURE TO CURE SHALL 4935-5599-2377.12 378683.00002/2-24-26/ -10- Page 251 RESULT IN TERMINATION"; provided, however, the Grantor may not terminate this Agreement if Grantee commences to cure the default during the applicable cure period after written notice by the Grantor and thereafter diligently prosecutes the cure to completion. (a) Right of Mortgagee to Cure Defaults. Provided that Mortgagee or Grantee has provided Grantor in writing the address for sending notices to the Mortgagee and satisfactory documentation of its status as a Mortgagee, each Mortgagee who has been so identified to the Grantor as a Mortgagee will have the same period, commencing upon written notice to each such Mortgagee of such default,to remedy or cause to be remedied the default complained of as Grantee has hereunder to cure such default, plus an additional ninety (90) days in the case of any other default which is capable of being cured by the Mortgagee (and such ninety (90) day period, upon written notice provided to Grantor within said ninety (90) day period, will be extended for a reasonable period of time to gain possession of the interest of Grantee under the Agreement through legal proceedings if necessary to cure such default, provided the Mortgagee commences the proceedings within one hundred eighty(180) days after the initial written notice by Grantor and thereafter diligently prosecutes such proceedings)which period will be extended as necessary for a Mortgagee to obtain relief from any stay in a bankruptcy proceeding in which Grantee is a debtor, provided the Mortgagee is diligently prosecuting such relief and has assumed the obligations of this Agreement in writing (and such written assumption shall have been delivered to Grantor), and Grantor will accept performance by such Mortgagee within the time specified herein as timely performance by Grantee;provided,however,that(i) nothing contained herein will be deemed to impose upon any Mortgagee the obligation to perform any obligation of Grantee under this Agreement or to remedy any default by Grantee hereunder, and(ii) in the event that the Mortgagee or a third party succeeds to Grantee's interest under this Agreement pursuant to foreclosure of the Security Agreement, exercise of a power of sale thereunder or a deed in lieu thereof, Grantor waives, as against the Mortgagee or such third party, any default by Grantee that is not susceptible to cure by said Mortgagee or third party due to the default being personal to Grantee, including without limitation and as an example only, an obligation of Grantee to provide a financial statement. For avoidance of doubt, any default that can be cured with the payment of money is susceptible to cure. Any provision of this Agreement to the contrary notwithstanding, no performance by or on behalf of a Mortgagee will cause it to become a "mortgagee in possession" or otherwise cause it to be deemed to be in possession of the Property or bound by or liable under this Agreement, unless the Mortgagee is actually in possession of the Property. In addition, the Parties agree that if there is more than one (1) Mortgagee (or collateral assignee), then all cure periods provided in this paragraph will run concurrently. Upon the full and timely performance by Mortgagee of the obligation or obligations the nonperformance of which was the subject of the notice of default given to Mortgagee pursuant to this Section, such default shall be deemed cured and shall no longer give rise to any rights and remedies of Grantor; provided, however, that Mortgagee's cure of any default under this Agreement by Grantee shall not excuse or waive any future default under this Agreement by Grantee or preclude or limit the exercise of any rights or remedies afforded Grantor under this Agreement as a result of such future default. Notwithstanding any provision to the contrary contained elsewhere in this Agreement, Grantor will not have the right to terminate this Agreement or re-enter the Property by reason of a default by Grantee that is reasonably susceptible of cure by Mortgagee, during the period specified in this Section 14 in which a Mortgagee is entitled to cure a default by Grantee. 4935-5599-2377.12 378683.00002/2-24-26/ -11- Page 252 (b) In each instance of a default, Grantor may in its reasonable discretion determine that no party with a right to cure is diligently prosecuting a cure to completion;provided, however,that where cure of the subject default has not been completed within three hundred(300) days of Grantor's first notice to Grantee to cure said default, such a determination shall be deemed reasonable under this Agreement. Should Grantor reasonably determine that no party is diligently prosecuting a cure to completion, subject to the prior sentence,then all cure periods for the default subject to Grantor's determination shall be deemed to have run their course and Grantor has the right to immediately terminate this Agreement. 15. Hazardous Materials. (a) Grantee covenants that it will not handle or transport Hazardous Materials in the Easement Area except for removal, transportation and disposal in compliance with laws regarding excavated soils which are or may be contaminated with Hazardous Materials. As used in this Agreement, the term"Hazardous Materials"means: (a) any substance,products, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and Recovery Act,42 United States Code Section 6901 et seq.;the Hazardous Materials Transportation Conservation and Recovery Act,42 United States Code Section 1801 et seq.;the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter-Cologne Water Quality Control Act,Water Code Section 13000 et seq., all as amended(the above cited California state statutes are hereinafter collectively referred to as "the State Toxic Substances Law"); or any other federal, state, or local statute, law, ordinance, resolution, code, rule,regulation,order or decree regulating,relating to,or imposing liability or standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (c) petroleum or crude oil, other than petroleum and petroleum products which are contained within regularly operated motor vehicles or passenger trains; and (d) asbestos. Notwithstanding the foregoing, Grantee may handle and transport Hazardous Materials normally and customarily used in the development, construction and operation of railroad infrastructure, including passenger stations, that are used, stored, transported and disposed of in accordance with all applicable laws, building codes, regulations, ordinances, rules, directives, covenants, or restrictions of record. As an example only, train infrastructure typically entails refueling maintenance vehicles or using cleaning supplies for routine maintenance. 4935-5599-2377.12 378683.00002/2-24-26/ -12- Page 253 (b) Grantee further agrees that,at Grantor's request,it will furnish Grantor with proof, satisfactory to Grantor, that Grantee is in compliance with all such laws, rules, regulations, orders, decisions and ordinances regarding Hazardous Materials. (c) Notwithstanding anything else contained in this Agreement, Grantee shall indemnify, defend and hold harmless Grantor Entities from and against any and all claims, demands, liabilities, losses, damages, costs and expenses arising out of, resulting from or relating to injuries to any person, including wrongful death, or damage to property, including without limitation,property of Grantor and Grantee, or otherwise (including without limitation reasonable attorneys' fees, investigators' fees, litigation expenses, and mitigation costs)resulting in whole or in part from Grantee's acts or omissions with respect to Hazardous Materials; provided, however, that the foregoing shall not apply to the extent which a release of Hazardous Materials is the result of Grantor Entities'negligence or willful misconduct following the Effective Date. Grantee agrees to reimburse Grantor for all reasonable costs of any kind incurred as a result of the Grantee's failure to comply with this Section, including, but not limited to,judicial or administrative fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of Grantee's handling, transporting, or disposing of Hazardous Materials on, over, or across the Improvements and or adjacent property. (d) Grantor shall have the right at any time to inspect the Improvements and Public Improvements in order to monitor Grantee's compliance with this Agreement, subject to the provisions of Section 10 above. 16. Insurance. Grantee shall obtain and maintain insurance, at its sole cost and expense, as required in Exhibit "C" attached hereto. 17. Indemnity. Grantee shall defend, indemnify and hold Grantor Entities free and harmless of, from and against any and all claims, demands, causes of action, costs, liabilities, expenses, losses, damages or injuries of any kind, including attorneys' fees and costs, in any manner arising out of,resulting from or relating to any acts, omissions or willful misconduct of or by Grantee or the Grantee Parties in performance of this Agreement, breach, default or failure of performance of this Agreement,including failure of timely performance,use of the Easement Area or the construction, use, or operation of the Improvements or the failure to comply with law, including the failure to comply(or failure of its contractors to comply)with California Labor Code Section 1720 et seq.,including without limitation Labor Code Section 1781,which are(a)suffered or incurred by or alleged against Grantor, Grantor Entities and/or any of the Grantee Parties, in law or equity, and/or (b) to persons or property, including death. Grantee shall further defend, indemnify and hold harmless Grantor Entities from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the Grantor Entities to challenge, attack, seek to modify, set aside, void or annul any Grantor decision made in connection with this Agreement or Grantee's use of the Easement Area (based on noncompliance with the California Environmental Quality Act or otherwise). Grantee shall defend, with counsel reasonably acceptable to Grantor and at Grantee's sole expense, any and all aforesaid suits, actions or proceedings, legal or affirmative,which may be brought or instituted against any Grantor Entities. Grantee shall pay and satisfy any judgment, award or decree that may be rendered against any Grantor Entities. Grantee shall reimburse such parties for any and all legal expenses and costs incurred by one or more of them in connection with this Agreement or the indemnity and/or related 4935-5599-2377.12 378683.00002/2-24-26/ -13- Page 254 rights, remedies and other protections herein provided. Grantee's obligations hereunder shall survive termination or expiration of this Agreement, and shall not be restricted to insurance proceeds, if any, received by Grantor Entities. 18. Covenant Running With Land. This Agreement shall be deemed a covenant running with the land with respect to the Easement Area, burdening the Easement Area and benefitting and appurtenant to the real property interests owned by Grantee and associated with the HSR System. All of the covenants, obligations, and provisions of this Agreement shall be binding upon and inure to the benefit of successors, legal representatives, assigns and successors- in-interest to the Parties. Every person who now or hereafter owns or acquires any right, title, or interest in and to any portion of the Easement Area shall be conclusively deemed to have notice of this Agreement,whether or not reference to this Agreement is contained in the instrument by which such person acquires an interest in the Easement Area. Therefore, each and every contract, deed or other instrument hereinafter executed, covering or conveying the Easement Area or any portion thereof or interest therein shall conclusively be deemed to have been executed, delivered and accepted subject to this Agreement. 19. Estoppel Certificates. Each of the Parties hereto agrees, promptly following a request from the other Party hereto, to furnish from time to time in writing certificates containing truthful estoppel information and/or confirmations of the agreements, obligations and easements contained in this Agreement, or otherwise appurtenant to this Agreement, in a form and substance reasonably satisfactory to the Party from whom such certificate is sought. 20. Attorneys' Fees. In the event either Party brings a suit,action, or other proceeding against the other Party that in any way relates to or arises out of this Agreement, each Party shall bear its own legal costs and expenses. 21. Miscellaneous. (a) Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose: Grantee: DesertXpress Enterprises, LLC 8329 W. Sunset Road, Suite 150 Las Vegas,NV 89113 Attn: Legal Department City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager SBCTA San Bernardino County Transportation Authority 1170 W. Third Street, 2nd Floor San Bernardino, CA 92410 Attn: Director of Transit and Rail 4935-5599-2377.12 378683.00002/2-24-26/ -14- Page 255 Such notice shall be deemed made when delivered by certified mail, return receipt requested, or by reputable overnight messenger delivery service, and addressed to the Party at its applicable address and shall be deemed delivered on the date of delivery or refusal to accept or inability to effect delivery shown on the return receipt, or one(1)business day after delivery to the messenger service for overnight delivery, as applicable. (b) Entire Understanding. This Agreement constitutes the entire understanding between the Parties, and supersedes all offers, negotiations, and other agreements concerning the subject matter contained herein. The recitals are hereby incorporated herein by reference. (c) Invalidi . If any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (d) Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the successors of the respective Parties. Except as set forth in Section 7 above, this Agreement may not be assigned by either Party without the prior written consent of the other Party. (e) Governing Law. Except on subjects preempted by federal law, this Agreement will be governed by and construed in accordance with the laws of the State of California. Nothing herein is meant to be or will be interpreted to be a waiver of principles of legal preemption or preclusion that may apply to Grantee because of its status as a common carrier regulated by the federal government. (f) Venue. Venue for any legal action between the Parties related to this Agreement will be in the Superior Court of San Bernardino County,California or the United States District Court, Central District Court of California. The judgment in any such action may be enforced by any court of competent jurisdiction wherever located. (g) Exhibits. All exhibits attached hereto form material parts of this Agreement. (h) Time of Essence. Time is of the essence of every provision hereof in which time is a factor. (i) Survival. All defense, indemnity, and payment obligations of Grantee that arise or relate to events occurring prior to the termination of this Agreement shall survive such termination. 0) Force Majeure. Notwithstanding anything to the contrary contained in this Agreement,should any fire or other casualty,act of nature,earthquake,flood,hurricane(or tropical cyclone), lightning, tornado, epidemic, landslide, war, terrorism, riot, civil commotion, general unavailability of materials, strike, slowdown, labor dispute, governmental laws or regulations, or other occurrence beyond Grantee's or Grantor's control prevent performance of this Agreement in accordance with its provisions,provided that such event does not arise by reason of the negligence or misconduct of the performing Parry, (a "Force Majeure Event") then performance of this 4935-5599-2377.12 378683.00002/2-24-26/ -15- Page 256 Agreement by either Party will be suspended or excused to the extent and for a period commensurate with such occurrence. 22. Property Taxes, Including Possessory Interest Taxes. This Agreement creates a possessory interest that may be subject to possessory interest tax (a type of California property tax), and Grantee shall pay any such possessory interest taxes that may be assessed. If the Improvements are taxed as an improvement on the Easement Area, Grantee shall, upon demand, pay such taxes allocable to the Improvements,as determined by the taxing authority. Grantor shall reasonably cooperate and assist Grantee, at no costs to Grantor, in efforts to obtain a separate assessment for the Improvements, including executing any reasonably required applications or reasonable documents. Grantee shall pay when due all personal property taxes levied against or relating to the Improvements. [Signature Page Follows] 4935-5599-2377.12 378683.00002/2-24-26/ -1 h- Page 257 The Parties have executed this Agreement as of the date first written above. CITY: SBCTA: Grantee: CITY OF RANCHO SAN BERNARDINO DESERTXPRESS CUCAMONGA, COUNTY ENTERPRISES, LLC, a California municipal TRANSPORTATION a Nevada limited liability corporation AUTHORITY, corporation a California county transportation authority By: By: By: L. Dennis Michael Dawn Rowe Sarah Watterson Mayor Board President President City of Rancho Cucamonga San Bernardino County DesertXpress Enterprises,LLC Transportation Authority ATTEST: By: Janice C. Reynolds City Clerk City of Rancho Cucamonga APPROVED AS TO FORM APPROVED AS TO FORM APPROVED AS TO FORM By: By: By: Nicholas R. Ghirelli, Julianna K. Tillquist David Pickett City Attorney General Counsel Associate General Counsel Richards,Watson&Gershon San Bernardino County DesertXpress Enterprises,LLC Transportation Authority 4935-5599-2377.12 378683.00002/2-24-26/ -17- Page 258 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On , before me, , (insert name and title of the officer) Notary Public,personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4935-5599-2377.12 378683.00002/2-24-26/ -1�- Page 259 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On , before me, , (insert name and title of the officer) Notary Public,personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4935-5599-2377.12 378683.00002/2-24-26/ -19- Page 260 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On , before me, , (insert name and title of the officer) Notary Public,personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4935-5599-2377.12 EXHIBIT"J" 378683.00002 -1- Page 261 EXHIBIT "A" DESCRIPTION OF GRANTOR'S PROPERTY APN: 0209-272-11 & 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive, of Parcel Maps, in the Office of the County Recorder of said County, together with that portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official Records of said County, described as follows: All that portion of said Parcel 15, together with all that portion of said Rancho Cucamonga Metrolink Station Phase I; Excepting therefrom that portion lying easterly of the following described line: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West, San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29'50" East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation of said northerly line South 89143'55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrohnk Station Phase I; Thence continuing along said northerly line South 8904355 West 359.09 feet to the Point of Beginning: Thence South 00°10'37" East 569.98 feet to the southerly line of said Parcel 15, also being the Point of Terminus; Parcel contains 227,529 square feet, more or less. The bearings and distances used in the above desctiption are based on the California Coordinate System of 1983, (CCS83),Zone 5, 2010.00 epoch. Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibit `A-F attached hereto and made a part hereof. EXHIBIT"A"to 4935-5599-2377.12 EXHIBIT"J" 378683.00002 -1- Page 262 This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §9700). y LAN& Sean M. Smith ' a �o, 8733 S 1 allatllSe: OF c Sean M. Smith, PLS 8233 Date: 7121/2025 EXHIBIT"A"to 4935-5599-2377.12 EXHIBIT"J" 378683.00002 -2- Page 263 0 ti a a N O «Y N7 q n m C3 m w 3 w 3f N2A V N-M177fW MO � �N Q y t• 33' Fk� ww wLU P LO 3 �a ry � � � w N wq = W 6 �^yfqR go Q V o N D Li7 � a s 86'695 3.,L£.Oi.005 o R i ¢ o � 1L � WLW � W O C, LO j- o rno �7 4 U a n QUO W V 4 L: O Ln rL y4 ~ �Q� R LLJ wJ�❑ J q 0 y .� Uo lb a0i q, 3 J J z m k w O � p 4 L-Lj Q �L cl, C] � w n 4 4 4 vw, a dry EXHIBIT"A"to 4935-5599-2377.12 EXHIBIT"J" 378683.00002 -3- Page 264 EXHIBIT "B" DESCRIPTION OF EASEMENT AREA [SEE ATTACHED1 [NTD: ENGINEERED EXHIBIT FORTHCOMING] _ o � ■ I 10'Easa.nenllor Sa"ilary Sawar liar BLW 1 u Lim) I I �I + I ■� I. I� I I, I I I • ■ d r ■ ■ �4 � 1 { u[ rr J- EXHIBIT`B"to 4935-5599-2377.12 EXHIBIT"J" 378683.00002 -1- Page 265 EXHIBIT "C" Required Insurance (a) Prior to Construction. On or before Grantee's entry onto the Easement Area, Grantee shall procure and maintain, at its sole cost and expense, the following insurance: (1) Commercial General Liability (CGL) with a limit not less than two million dollars($2,000,000)per each occurrence and a general aggregate limit of not less than four million dollars ($4,000,000)providing coverage for bodily injury,property damage, and personal injury through any combination of primary and excess or umbrella liability insurance policies with limits restating annually. The CGL insurance must be written on an ISO occurrence form CG 00 0104 13 or(with approval from Grantor) substitute forms at least as broad as CG 00 01 04 13 coverage. All excess or umbrella policies must be "follow form" and afford no less coverage than the primary policy. Such CGL must provide coverage to the Indemnified Parties as additional insureds using ISO Additional Insured Endorsement CG 20 26 and CG 20 24, or their equivalent. Coverage shall be provided to the Indemnified Parties for claims proximately caused by reason of the uses authorized by this Agreement and the location and placement of improvements within the Easement Area, unless caused by an Indemnified Party's gross negligence or willful misconduct. (b) Insurance During Construction. Prior to commencing physical construction within the Easement Area, Grantee shall procure or cause to be procured and maintained throughout construction the following insurance coverage: (1) Liability Insurance. Commercial General Liability (CGL) with a limit not less than two million dollars ($2,000,000) each occurrence, four million dollars ($4,000,000) products and completed operations aggregate, and a general aggregate limit of not less than four million dollars($4,000,000)providing coverage for bodily injury,property damage, and personal injury through any combination of primary and excess or umbrella liability insurance policies with one reinstatement general aggregate limit for the period of the policy(ies) term. The CGL insurance must be written on an ISO occurrence form CG 00 0104 13 or(with approval from Grantor) substitute forms providing equivalent coverage. All excess or umbrella policies must be "follow form" and afford no less coverage than the primary policy. Such CGL must cover the Indemnified Parties as additional insureds using ISO Additional Insured Endorsement CG 20 26 (or CG 20 26, CG 20 24, and 20 10 with the restriction that the work is being done for or on behalf of an additional insured removed from the endorsement accompanied by 20 37 or equivalent forms and subject to market availability with approval from SBCTA providing coverage to the additional insured for completed operation losses with the restriction that the work is being done for or on behalf of an additional insured removed from the endorsement). Coverage must be provided to the Indemnified Parties for claims proximately caused by reason of the uses authorized by this Agreement, unless caused by an Indemnified Parry's gross negligence or willful misconduct. The policy or policies shall be endorsed to remove exclusions pertaining to any railroads. There must not be any endorsement or modification of the CGL limiting the scope of coverage for liability assumed under an insured contract. Completed operations coverage must extend for as EXHIBIT"C"to 4935-5599-2377.12 EXHIBIT"J" 378683.00002 -1- Page 266 long as there is any exposure to liability under a statute of repose or any other applicable statute of limitations. If completed operations coverage through the end of statutory exposure is not commercially available, completed operations coverage must extend for at least ten (10) years from the completion date of the Project. All excess or umbrella policies must contain a drop-down clause in the event of exhaustion of primary limits and provide coverage for primary CGL. (2) Commercial Automobile Insurance. During all phases of the Project,Grantee shall provide evidence of commercial business auto coverage written on ISO form CA 00 01 10 01 (or, with approval from Grantor, substitute form providing equivalent liability coverage) with a limit not less than one million dollars ($1,000,000) for each accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos). The policy must contain an endorsement for coverage to operations in connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). During all phases of the Project, Grantee shall require its general contractor to provide (and shall ensure that its general contractor does provide) evidence of commercial business auto coverage written on ISO form CA 00 01 10 01 (or, with approval from Grantor, substitute form providing equivalent liability coverage) with a limit not less than five million dollars ($5,000,000) for each accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos) and can be satisfied by a combination of primary and excess and/or umbrella policies. The policy(ies) must contain an endorsement for coverage to operations in connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). All excess or umbrella policies shall contain a drop-down clause in the event of exhaustion of primary limits and provide coverage for primary auto liability. (3) Workers' Compensation and Employers Liability Insurance. During all phases of the Project, Grantee shall provide evidence of Workers' Compensation insurance as required under California statute including coverage for Employer's Liability with limits of at least one million dollars ($1,000,000) each accident, one million dollars ($1,000,000) each employee by disease, and a policy limit of one million dollars ($1,000,000) by disease. The excess liability policy must include employer's liability coverage limits to at least five million dollars ($5,000,000) and can be satisfied by a combination of primary and excess and/or umbrella policies. The workers' compensation policies must provide the following: a. A waiver of subrogation in favor of Grantor and the Indemnified Parties; b. A provision extending coverage to all states' operations; c. A voluntary compensation endorsement; d. An alternative employer endorsement, if applicable to Grantee operations; EXHIBIT"C"to 4935-5599-2377.12 EXHIBIT"J" 378683.00002 -2- Page 267 e. Coverage for liability under the United States Longshore and Harbor Workers' Compensation Act on an "if any" basis or as otherwise appropriate; f. Coverage for liability under Title 46 of the U.S.C. § 688 ("Jones Act") on an"if any"basis or as otherwise appropriate; and g.An endorsement extending the policy to cover the liability of the insureds under the Federal Employer's Liability Act on an "if any" basis or as otherwise appropriate. (4) Professional Liability Insurance. During all phases of the Project, Grantee shall provide evidence of professional liability insurance, including prior acts coverage sufficient to cover all claims arising out of any professional services, including without limitation engineering, architectural, or land surveying work required in constructing the Project on the Easement Area, procured, and maintained by those third parties performing such work for or on behalf of Grantee. For the lead design contractor for the improvements in privity with Grantee, the coverage must not be less than one million dollars ($1,000,000) per claim and in the aggregate. For environmental assessments, land surveying work and any other site work, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For architectural, geotechnical engineers, and electrical engineers, the coverage must not be less than two million dollars ($2,000,000)per claim and in the aggregate. For structural engineers and civil engineers relating to the Project, the coverage must not be less than one million dollars ($1,000,000) per claim and in the aggregate. Grantee shall also require any member of its design build team, any subconsultant, or any subcontractor performing professional design services for any portion of the Project, to obtain and maintain (and shall ensure that they do obtain and maintain) professional liability insurance providing the same coverage, with limits of at least one million dollars($1,000,000)per claim and in the aggregate. Grantee shall procure and maintain an Owner's Protective Professional Indemnity(OPPI)policy that provides coverage with limits of at least five million dollars ($5,000,000) per claim and in the aggregate for claims arising out of the liability of design and construction professionals. Such coverage must include coverage for claims filed directly against Grantee by third-parties alleging negligence (arising from professional services of design firms). No self-insured retention for Grantee or any lead design entity is permitted to exceed five hundred thousand dollars ($500,000), unless commercially unavailable and without prior written approval from Grantor, in its good faith discretion. Coverage must apply specifically to professional activities performed or contracted by Grantee in support of the Project. The policy(ies) must have a retroactive date consistent with the inception of the first date of design or project or construction management activities, and no later than the date on which any contract or subcontract was issued. Grantee agrees to maintain or to require its design professionals, subconsultants,or design-build subcontractors to maintain(and shall ensure that they do maintain), as appropriate, this required coverage for a period of no less than three years after the commencement of revenue service or to purchase an extended reporting period for no less than three years after the commencement of revenue service.If the contractor is working with a separate lead design entity, contractor must(and Grantee shall ensure that contractor does)require the lead EXHIBIT"C"to 4935-5599-2377.12 EXHIBIT"J" 378683.00002 -3- Page 268 design entity to agree to maintain this coverage for a period of no less than three(3)years after the commencement of revenue service or to purchase an extended reporting period for no less than three (3)years after the commencement of revenue service. (5) Contractor's Pollution Liability. Grantee shall procure or cause to be procured contractor's pollution liability ("CPL") coverage throughout the period of construction. Coverage must be provided by a policy with dedicated limits of no less one dollars ($1,000,000) per occurrence and five million dollars ($5,000,000) in the aggregate per policy period dedicated to the larger high speed rail project, including the Project. Coverage must be written on an occurrence basis and extended for a minimum ten (10) year period with a separate limit available exclusively to the Project. The CPL policy must include coverage for investigation, removal, and remediation costs including monitoring or disposal of contaminated soil, surface water, groundwater or other media to the extent required by environmental laws caused by pollution conditions resulting from or exacerbated by covered operations;third-party bodily injury and property damage, provided that the third-party property damage liability coverage includes loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by or from conditions exacerbated by covered operations. The policy must have no exclusions or limitations for loss occurring over water including but not limited to a navigable waterway or for lead or asbestos. Coverage as required in this Section shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL policy must also provide coverage for losses due to loading, unloading or transportation and liability imposed by off-site disposal of materials at a third-party disposal site including testing, monitoring, measuring operations or laboratory analysis and remediation. If the scope of work includes the disposal of any hazardous or non-hazardous materials from the job site,Grantee shall furnish Grantor evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of one million dollars ($1,000,000)per loss and an annual aggregate of one million dollars ($1,000,000). (6) Railroad Protective Liability. Grantee shall provide,or cause to be maintained, any coverage as may be required by any railroad as a condition of the railroad's consent for entry onto railroad facilities or property. Such policy shall be effective during the period any construction is being performed within 50 feet of any railroad ROW. Coverage shall be written on Insurance Services Office occurrence Form CG 00 35 (or, with approval from Grantor, substitute form providing equivalent coverage) on behalf of any railroad as a named Insured, with a limit specified by any railroad. 20.2.1.7. (7) Builder's Risk Insurance. Grantee shall, upon commencement of construction and with approval of Grantor, obtain and maintain a policy of builder's risk insurance for the Project. Coverage shall be written on an "all risk" basis and provided through a stand-alone policy dedicated solely to the Project. The insureds must include the contractor, all subcontractors (excluding those solely responsible for design work) of any tier, suppliers, and Grantor. Coverage must include property owned by Grantor and the Indemnified Parties that is part of the Project and must not be limited by use of the phrase "as their interests may appear." The policy must cover all property, roads, buildings, bridge structures, other EXHIBIT"C"to 4935-5599-2377.12 EXHIBIT"J" 378683.00002 -4- Page 269 structures, fixtures,materials, supplies, foundations,pilings,machinery and equipment(excluding contractor's equipment) that are part of or related to the portions or elements of the Project, and the works of improvement, including permanent and temporary works and on-site materials, and including goods intended for incorporation into the works located at the Easement Area, in storage or in the course of transit to the Easement Area and all improvements that are within the Easement Area. The builder's risk policy must include coverage for: a.Any ensuing loss from faulty workmanship or nonconforming work,including L.E.G. 3 wording; b. Machinery accidents and operational testing involving equipment covered by the policy; c. Removal of debris,with a sublimit of twenty-five percent(25%) of the loss subject to a limit of five million dollars ($5,000,000) and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; d. Transit, including ocean marine coverage (unless insured by the supplier or through a separate marine cargo policy), with sub-limits sufficient to insure the full replacement value of any key equipment item; e. Replacement value of any property or equipment stored either on or off the Easement Area; f. Coverage limits sufficient to insure for the following perils subject to applicable sub- limits for these perils based on the probable maximum loss of the insured property: • Collapse; • Terrorism; • Earthquake; • Flood; g. Plans, blueprints and specifications; and h.Demolition and increased cost of construction as required by law or ordinance subject to applicable sub-limits. There must be no coinsurance penalty provision in any such policy.All deductibles or self- insured retentions must be the sole responsibility of Grantee. The policy must provide a"severability of interests provision,""multiple insured's clause" or similar wording that the policy is to apply to each insured as if a separate policy had been issued to each insured except as to limits. EXHIBIT"C"to 4935-5599-2377.12 EXHIBIT"J" 378683.00002 -5- Page 270 Grantee shall also require the general contractor and its subcontractors to procure and maintain (and shall ensure that they do procure and maintain) coverage for tools and equipment owned, leased or used by the general contractor or subcontractors in the performance of their work under this contract. Upon completion of construction of the Project and prior to commencing operations of the Project within the Easement Area, Grantee shall provide evidence of"all risk"property insurance covering the Project/Improvements, with coverage sufficient to cover the probable maximum loss of such improvements and alterations made by Grantee pursuant to the terms hereof, which must include "all risk" coverage using the ISO Causes of Loss - Special Form or (with approval from Grantor) its equivalent, as well as flood insurance, subject to applicable sub-limits for natural hazard exposures based on the probable maximum loss of such improvements. (c) Insurance During Operations. Upon the commencement of revenue service operations, Grantee shall procure and maintain, at its sole cost and expense, Commercial General Liability (CGL) with a limit not less for personal injury, death, and property damage in an amount not less than three hundred twenty-three million dollars ($323,000,000), or such other limit of liability as Congress may establish from time to time applicable to Grantee's passenger rail operations. Such policy or policies must provide coverage to all Indemnified Parties as additional insureds. All excess or umbrella policies must be "follow form" and afford no less coverage than the primary policy and the policies up to three hundred twenty-three million dollars $323,000,000 must include one reinstatement limit for the period of the policy(ies) term. (d) Self Insurance. The policy or policies under which coverage required by this Agreement is provided may include a deductible or self-insured retention not in cumulative excess of ten million dollars ($10,000,000) on the condition that: (1) Each insurance policy expressly provides that the obligations of the policy issuer to Grantor as an additional insured are not to be diminished in any way by Grantee's failure to pay its deductible or self-insured retention obligation for any reason; (2) Grantee provides a declaration under penalty of perjury by a Certified Public Accountant(CPA)acceptable to Grantor and who shall apply a Fiduciary Standard of Care, certifying the accountant has applied Generally Accepted Accounting Principles (GAAP) guidelines confirming that Grantee has sufficient funds and resources to cover any self-insured retentions if the cumulative self-insured retentions from all required insured policies are in excess of one million dollars ($1,000,000); and (3) Grantee promptly pays any and all amounts due under such deductible or self-insured retention in lieu of insurance proceeds that would have been payable if the insurance policies had not included a deductible or self-insured retention amount. (e) Definition of "Self Insurance". As used in this Agreement, "self insurance" means that Grantee is itself acting as if it were the insurance company providing the insurance required under the provisions of this Agreement. EXHIBIT"C"to 4935-5599-2377.12 EXHIBIT"J" 378683.00002 -6- Page 271 (f) Evidence of Insurance. In accordance with the insurance requirements above, Grantee shall furnish evidence of insurance reasonably acceptable to Grantor before Grantee enters the Easement Area,before commencing physical construction of the Project within the Easement Area, and before the beginning of operations, as applicable. Grantee shall provide Grantor with satisfactory evidence of renewal or replacement insurance no later than thirty (30) days after the expiration or termination of such insurance. Grantee shall submit full copies of the commercial general liability policy, excess/umbrella liability policy,builder's risk policy, and the project-specific professional liability policy or binders with full specimen copies of the forms for each policy until such time as full copies of the policies are available. This requirement applies prior to Grantee starting work on the Project, including all subsequent renewal policies. Certificates of insurance are required for all other lines of insurance.If,through no fault of Grantee, any of the coverage required becomes unavailable, Grantee shall provide good faith alternative insurance packages and programs, subject to prior approval by Grantor, with the goal of reaching agreement on a package providing coverage equivalent to that specified herein. (f) Additional Insured Coverage. All policies, except those for Workers' Compensation and Professional Liability insurance, must be endorsed by the ISO Form CG 20 10 11 85, CG 20 37, CG 20 24 and CG 20 26 as outlined in Paragraphs (a) and (b) above, to name the Indemnified Parties as additional insureds. The additional insured endorsements must not have any restriction requiring that the work is being done for or on behalf of an additional insured. With respect to general liability arising out of or connected with work or operations performed by or on behalf of Grantee under this Agreement, coverage for such additional insureds must not extend to liability to the extent prohibited by Section 11580.04 of the Insurance Code. The additional insured endorsements must not limit the scope of coverage for Grantor to vicarious liability but shall allow coverage for Grantor to the full extent provided by the policy. (h) Waiver of Subrogation Rights. To the fullest extent permitted by law,Grantee hereby waives all rights of recovery under subrogation against the additional insureds named herein, and any other tenant, contractor, subcontractor or sub-subcontractor performing work or rendering services on behalf of Grantor, in connection with the planning, development and construction of the Project.To the fullest extent permitted by law,Grantee shall require similar written express waivers and insurance clauses from each of its subcontractors of every tier. Grantee shall require all of the policies and coverages required in this Section to waive all rights of subrogation against the additional insureds (ISO Form CG 24 04 05 09). Such insurance and coverages provided must not prohibit Grantee from waiving the right of subrogation prior to a loss or claim. (i) Eligible Insurers. If policies are written by insurance carriers authorized and admitted to do business in the state of California, then the insurance carriers must have a current A.M. Best rating of A-VIII or better and if policies are written by insurance carriers that are non-admitted but authorized to conduct business in the state of California, then they must meet the current A.M. Best rating of A-:X or better, unless otherwise approved in writing by Grantor. Grantee shall furnish to Grantor, not less than fifteen (15) days before the date the insurance is first required to be carried by Grantee, and thereafter before the expiration of each policy,true and correct certificates of insurance,using the appropriate ACORD form of certificate EXHIBIT"C"to 4935-5599-2377.12 EXHIBIT"J" 378683.00002 -7- Page 272 or its equivalent, evidencing the coverages required under this Section,with a copy of each policy, if requested by Grantor. Such certificates must provide that should any policies described therein be cancelled before the expiration date thereof,notice is to be delivered to the certificate holder by the insurer in accordance with the policy provisions regarding same. Further, Grantee agrees that the insurance coverage required hereunder is not to be terminated or modified in any material way without thirty(30) days advance written notice from Grantee to Grantor. 0) Cure. If Grantee fails to procure and maintain insurance required under this Agreement or fails to meet its obligations with respect to any deductible or self-insured retention amount under this Agreement, subject to the provisions herein, Grantor is entitled, after thirty(30)days prior written notice to Grantee of Grantee's default hereunder and Grantee's failure to cure such default within said thirty(30) days,ten(10)days for non-payment,to require Grantee to immediately discontinue all construction activities related to the Project and immediately discontinue operation of the Project until Grantee has provided Grantor reasonably satisfactory evidence that the required insurance has been obtained and the other obligations of Grantee under this Section have been met. No cessation of construction or operations required by Grantor under this Section releases or relieves Grantee of any of its other obligations under this Agreement. EXHIBIT"C"to 4935-5599-2377.12 EXHIBIT"J" 378683.00002 -$- Page 273 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: DesertXpress Enterprises, LLC 8329 W. Sunset Road, Suite 150 Las Vegas,NV 89113 Attn: David Pickett, Esq. With a copy to: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager San Bernardino County Transportation Authority 1170 W. Third Street, 2nd Floor San Bernardino, CA 92410 Attn: Director of Transit and Rail SPACE ABOVE THIS LINE FOR RECORDER'S USE Free Recording Requested per Government Code 27383. CONDITIONS, COVENANTS, RESTRICTIONS AND EASEMENTS (RANCHO CUCAMONGA HSR STATION) These Conditions, Covenants, Restrictions and Easements (RANCHO CUCAMONGA HSR STATION) (this "Agreement")are entered into as of ,2025,by and among the CITY OF RANCHO CUCAMONGA, a California municipal corporation(the "City'),the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a public entity("SBCTA'q, and together with the City, the "Public Agencies", and DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company d/b/a Brightline West and qualified to do business in California ("Developer'). The City, SBCTA, and the Developer may hereinafter be referred to individually as a "Party"and collectively as the "Parties". RECITALS : A. Concurrently herewith, Developer acquired from the Public Agencies that certain real property legally described on Exhibit A attached hereto (the "Station Property') for the purpose of developing a train station and related infrastructure for a privately owned and publicly 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -1' Page 274 accessible high-speed passenger railroad and local rail service, including station parking facilities and related station uses, subject to easements reserved by the Public Agencies (the "Reserved Easements') in the grant deed, recorded immediately prior hereto, whereby Developer acquired the Station Property (the "Grant Deed'), all in accordance with the terms and conditions of that certain Disposition and Development Agreement, dated October 5,2022, entered into between the Parties (as amended, the "DDA'�. The Station Property expressly excludes the Surface Property (defined below). B. The Public Agencies retained ownership of that certain real property legally described on Exhibit B attached hereto (the "Surface Property') for the purpose of continuing to operate surface parking separate and distinct from the HSR Station(defined below). C. The Station Property and the Surface Property are adjacent to a transit center owned and operated by the Public Agencies and which currently includes public parking and connections to the passenger railroad service operated and maintained by SCRRA ("Metrolink") and public buses (collectively, "Transit Center"). The Transit Center includes, without limitation, the real property on which the Transit Center is located as legally described on Exhibit C attached hereto. D. Pursuant to the terms of the DDA, a portion of the Transit Center will be developed by Developer with a joint use passenger pickup and drop off area("PUDO"). Following the initial development of the PUDO by Developer, the PUDO shall be operated and maintained by the Parties pursuant to the terms hereof. The PUDO includes without limitation the real property on which the PUDO is located as legally described on Exhibit D attached hereto. E. The Station Property, the Surface Property and the PUDO (each individually a "Property" and collectively, the "Properties') are legally independent separate interests in real property. The Station Property is above and below the Surface Property, there are easements that travel through specific limited areas of the Surface Property that permit columns and specific utilities adjacent to such columns to traverse through and exist within such specific limited areas of the Surface Property to support the HSR Station and the Surface Property requires certain easements over the Station Property to connect with the adjacent PUDO and Transit Center, all as further described herein. The Parties are entering into this Agreement to establish easements, covenants and restrictions, all intended to establish and protect the estates, general plan of ownership, use and enjoyment of each Parry's Property. F. The Public Agencies and the Developer intend that this Agreement be a covenant running with the land pursuant to Section 1468 of the California Civil Code. NOW, THEREFORE, for good and valuable consideration,the Parties hereby confirm the accuracy of the foregoing recitals, and covenant and agree as follows: AGREEMENT : 1. DEFINITIONS. The following is not an exhaustive list of all defined terms in this Agreement and excludes many defined terms used in only one Section hereof,but instead includes certain key defined terms that are used throughout this Agreement. 4877-5650-6677.40 378683.00002/2-23-26iamcimrf -2- Page 275 1.1 Agreement. As set forth in the preamble above,Agreement means these Conditions, Covenants, Restrictions and Easements, as amended from time to time. 1.2 City. As set forth in the preamble above, City means the City of Rancho Cucamonga, California. 1.3 Developer Permittee. Developer Permittee means employees, agents, visitors, contractors, patrons, guests or invitees of Developer. 1.4 DDA. DDA is defined in Recital A. 1.5 HSR Station. HSR Station means that certain private, but publicly accessible, passenger train station, including all train platforms, common areas, and parking areas located on the Station Property and columns within easements within the Surface Property, but otherwise expressly excluding the Surface Property, including: 1.5.1 the shell (including the exterior skin) and core of the HSR Station; 1.5.2 all structural support elements existing in, on,under and throughout the HSR Station shell and core, including all footings, girders, columns,braces, foundations, load- bearing walls, utility-bearing walls and other standard support elements, and every wall, column, floor, ceiling, footing, foundation or other vertical or horizontal improvement in the HSR Station; 1.5.3 the elevators, including the elevator shafts, elevator cabs, doors, elevator lobbies, and related machinery and equipment rooms, if any, in, to and serving the HSR Station; 1.5.4 area drains, scuppers, stairways, vaults, mechanical shafts, pipes, lines, mains, conduits, flues, risers, auxiliary generator room, clarifier, and any other equipment, fixtures, machinery, system or apparatus in, to and which benefit the HSR Station; and 1.5.5 any fire and life safety and sprinkler systems in, to and serving the HSR Station, including alarms, fire sprinkler pipes, and the sensors,pipes and fire sprinkler heads. 1.6 Metrolink. Metrolink is defined in Recital C. 1.7 Official Records. Official Records means the Official Records of San Bernardino County, California. 1.8 Party. Party is defined in the preamble. 1.9 Permittee. Permittee means either a Developer Permittee or a Public Agency Permittee. 1.10 Properties. Properties is defined in Recital E. 1.11 PUDO. PUDO is defined in Recital D; and the PUDO includes the real property on which it is located, as legally described on Exhibit D attached hereto. 4877-5650-6677.40 378683.00002/2-23-26iamcimrf -3- Page 276 1.12 Public Agencies Permittee. Public Agencies Permittee means employees, agents, visitors, contractors,patrons, guests or invitees of either or both of the Public Agencies. 1.13 San Gabriel Subdivision Lease Agreement. San Gabriel Subdivision Lease Agreement means that certain San Gabriel Subdivision Lease Agreement entered into between SBCTA and Developer, dated March 2, 2022, as amended from time to time. 1.14 SBCTA. As set forth in the preamble above, SBCTA means San Bernardino County Transportation Authority. 1.15 Station Property. Station Property is defined in Recital A and legally described on Exhibit A attached hereto. 1.16 Surface Property. Surface Property is defined in Recital B and legally described on Exhibit B attached hereto. For purposes of interpreting the maintenance rights and obligations described in this Agreement, the actual boundaries of the Surface Property shall be deemed to extend to the interior unfinished surfaces of the walls, floors, and ceilings that surround the ground floor level(first floor)of the HSR Station and shall exclude all components of the HSR Station described below. 1.17 Transit Center. Transit Center is defined in Recital C; and the Transit Center includes the real property on which it is located, as legally described on Exhibit C attached hereto. 2. USE RESTRICTIONS. 2.1 Use Restrictions. The Properties shall only be operated for transit and transit-related purposes, including without limitation appurtenances and appurtenant uses thereto. 2.2 Maintenance and Security. To the extent permitted by any applicable law, each Party hereby covenants and agrees to use commercially reasonable efforts to limit loitering, smoking, panhandling, vagrancy and other nuisance and/or unlawful conduct in and on its respective Property,including,without limitation,posting and maintaining signs that prohibit such activities in reasonable locations;however, (a) the Public Agencies' obligations under this Section shall be satisfied by enforcing the prohibitions for the Surface Property with the same level of security services that the Public Agencies obtain and provide for the Transit Center, and (b) the Developer's obligations under this Section shall be satisfied by enforcing the prohibitions for the Station Property with the level of security services required by this Section 2.2 or the highest level that Developer obtains and provides for any other train station that is owned or operated by Developer within the State of California. 2.2.1 Repair and Maintenance of Vehicles and Equipment. Except for short-term emergency situations,repair or maintenance of vehicles or mechanical equipment shall not be permitted within/in or on the Properties. 2.2.2 Security. Each Party shall hire and maintain all such security services,including,without limitation,the presence of onsite security personnel and the placement 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -4- Page 277 of security cameras or devices within their respective Properties, as such Parry reasonably determines may be appropriate. 2.2.3 Ceiling, Wall, Column and Floor Penetrations. The Public Agencies and Public Agency Permittees shall be permitted to install signs, lighting, traffic safety mirrors, security systems and other parking related equipment on interior facing walls, floors and ceilings surrounding the Surface Property and columns within the Surface Property, and in connection therewith, reasonably bolt or otherwise affix and install items on the walls, columns, floors, and ceilings that surround, or are within, the Surface Property; provided, however, that in connection with the foregoing, the Public Agencies shall not adversely impact the structural integrity of the HSR Station or any improvements therein. If a necessary repair or property improvement requires a penetration that would be reasonably likely to adversely affect the HSR Station, then the Public Agencies and/or Public Agency Permittee(s) shall reasonably coordinate such repairs or property improvements with the Developer. Notwithstanding the foregoing, nothing contained herein shall be deemed to prohibit the Public Agencies and Public Agency Permittees from reasonably painting or repainting (as necessary) parking stripes, parking stalls or directional signage on the interior facing walls, paved floors, and columns that enclose, or are within,the Surface Property. City and SBCTA may design and install exterior directional signage to the Surface Property, Bus Loop, and PUDO, which shall be reasonably consistent in style with the directional signage into the parking for the HSR Station except to the extent necessary to incorporate the official seals or logos of the Public Agencies or Metrolink. 3. MAINTENANCE AND OPERATIONAL OBLIGATIONS. 3.1 Maintenance and Repair. Except to the extent any damage is caused by another Parry or Parties,in which event the damaging Party or Parties shall be responsible for such repair, each Party or Parties(that is,the Public Agencies) shall be solely responsible to perform all maintenance and repair obligations with respect to its or their respective Property, such that each Property is maintained in good condition and repair, including ensuring that its or their Property is on a reasonable periodic basis cleaned, swept and otherwise kept reasonably free of all trash, debris and standing water. For the avoidance of doubt, subject to the proviso at the beginning of the first sentence of this Section 3.1, Developer shall be solely responsible for maintaining the Station Property, including, without limitation, (a) the HSR Station, (b) the structural integrity of the columns which traverse the Surface Property, (c) any utilities serving the HSR Station that traverse the Surface Property adjacent to the columns while the Public Agencies shall be solely responsible for maintaining the Surface Property,including without limitation the interior surfaces of each of the walls, columns, floors, and ceilings that surround the Surface Property, including graffiti removal, and (d) water quality management as required by any applicable governmental authority in connection with the Station Property and/or the HSR Station, which shall mean the maintenance, repair, and replacement (as necessary) of stormwater/urban runoff treatment best management practices required by any applicable governmental authority in connection with the Station Property and/or the HSR Station. For the purposes of clarity, subject to the proviso at the beginning of the first sentence of this Section 3.1 and except for periods in which Developer is installing subterranean improvements under the Surface Property such that maintenance by the Public Agencies would interfere therewith, if the paved floor is damaged, the Public Agencies shall have the right and the obligation to repair said floor and sufficient access is hereby granted by Developer to the Public Agencies to perform such repair work. The Public Agencies' right and 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -5- Page 278 obligation to make such repairs to the paved floor shall automatically terminate upon the Developer's installation of any subterranean improvements (other than utilities or other similar installations) under the Surface Property, if ever. For the avoidance of doubt, when a Party is responsible for repair or maintenance under this Section 3.1, such responsibility shall include all costs relating thereto. 3.2 Cooperation. The Developer and the Public Agencies shall reasonably cooperate with one another in good faith in the performance of their obligations under this Section 3. 3.3 Operation of HSR Station. Developer shall operate the HSR Station at the Station Property at all times Developer maintains a high-speed passenger rail system in Southern California so as to ensure that all regularly scheduled passenger trains stop at the Station Property in accordance with the San Gabriel Subdivision Lease Agreement. Express, special event, and charter train services are not required to stop at the Station Property; however, Developer may not provide only express, special event and/or charter train services. 3.4 Modifications After Initial Construction. Following the completion of the HSR Station by Developer and the surface parking improvements by the Public Agencies, neither Party shall materially alter, renovate, modify or add to the exterior of any improvements without the prior written consent of the other Party, which consent is not to be unreasonably withheld, conditioned or delayed. 3.5 Operation of PUDO. Developer shall operate and maintain the PUDO after completion and acceptance thereof, including,without limitation,water quality management as required by any applicable governmental authority . The City and/or SBCTA shall reimburse Developer on a pro rata basis for its allocable share of such operation and maintenance costs. Such costs shall be calculated based on the square footage of the Surface Property owned by the City and/or SBCTA in relation to the square footage of the Developer's parking garage within the HSR Station as depicted in as-built drawings prepared for the HSR Station at the time of its completion, provided,however,that the City and/or SBCTA's total share shall not exceed fifteen percent(15%) of total operation and maintenance costs for the PUDO. Utility services to the PUDO shall be separately metered such that (i) irrigation water and electrical service to the Omnitrans Bus Loop and the Pedestrian Tunnel (defined below) area and associated ramps and stairs, shall be metered and billed directly to the City and/or SBCTA, and (ii) irrigation water and electrical service to all other areas within the PUDO shall be metered and billed directly to Developer. Security services for the PUDO shall be coordinated between Developer and the City and/or SBCTA, with each Party responsible for including the PUDO in its respective security patrols. Further, the Parties shall cooperate in good faith to implement the following protocols for operation of the PUDO: 3.5.1 The Parties shall meet and confer at least annually in the first quarter of the calendar year to: (a) Address any operational needs or deficiencies related to the PUDO; 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -6- Page 279 (b) Identify and agree upon estimated changes affecting estimated budget requirements for the following fiscal year (July 1 to June 30) related to obligations under these CC&Rs; and (c) Notify the other Parties of any known security incidents occurring within the PUDO, including, without limitation, criminal activity, vandalism, accidents involving personal injury or property damage, or other threats to the safety,integrity, or proper use of the PUDO (each, an "Incident'). Each Party shall maintain and share upon request reasonable incident logs, including time, nature, and disposition of each reported Incident. 3.5.2 In the event of an emergency involving immediate threats to public health or safety within the PUDO, each Party shall have the independent right to respond without prior notice to the other Party,including by contacting emergency services,securing affected areas, or evacuating persons as necessary. As soon as reasonably practicable after the initial emergency response, the responding Party shall notify the other Parties of the nature of the emergency, the actions taken, and any follow-up measures that may be required. 3.5.3 City and SBCTA shall have responsibility for promulgating, posting, and enforcing rules and regulations governing the use of the PUDO to ensure consistency with public use requirements and all applicable laws. Each Parry shall reasonably assist in the enforcement of such rules and regulations during their security patrols, including by issuing warnings or contacting law enforcement as appropriate. City and SBCTA will provide Developer with reasonable notice prior to implementing new security-related policies, signage, or access restrictions within the PUDO, except in the case of an emergency where immediate temporary action is required. 4. EASEMENTS. 4.1 Easements for the Benefit of the Surface Property. The Public Agencies and Public Agency Permittees shall benefit from, and Developer hereby establishes and grants for the benefit of the Public Agencies and Public Agency Permittees, the following easements over portions of the Station Property, which shall be appurtenant to the Surface Property: 4.1.1 Access Easements. Nonexclusive access easements over and across those portions of the Station Property for the purposes described below and subject to Public Agencies' approval of plans as described in DDA Section 3.4: (a) a pedestrian access easement across that portion of the Station Property between the Surface Property and the Transit Center as necessary to provide for free, unrestricted and contiguous ingress and egress between the Surface Property and the Transit Center. For the avoidance of doubt, such access easement shall correspond to the actual improvements constructed from time to time that provide for such ingress and egress and not the foregoing blanket description. (b) a pedestrian access easement over and across those portions of the Station Property designated by Developer, including stair and elevator access,that provides reasonable ingress and egress between the Surface Property and the communications building on adjacent property owned by the City ("Communications Building"). For equipment trucks that 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -7- Page 280 are too large to fit in the Surface Property, or which are necessary to be located within close proximity to the Communications Building when performing work on or inside of the Communications Building, and for fire and/or emergency vehicle access, Developer shall designate and maintain reasonable vehicular and parking access for such vehicles within the loading area off of Milliken Avenue or the drop off/pick up area on the main floor of the Station Property,together with pedestrian access designated by Developer that provides reasonable ingress and egress between such parking area and the Communications Building. Additionally,Developer shall provide and maintain an access gate through the existing fence between the San Gabriel Subdivision right of way and the Communications Building and a gate through any other Developer owned physical barrier that would block access to the Communications Building, as applicable. (c) For the avoidance of any doubt, the Grant Deed reserves to the Public Agencies additional utility, access,construction, and use easements over portions of the Station Property, as described and depicted in the Grant Deed. 4.1.2 Reserved. 4.2 Easements for the Benefit of the Station Property. The Developer and the Developer Permittees shall benefit from, and the Public Agencies hereby establish and grant for the benefit of the Developer and the Developer Permittees, the following easements over portions of the Transit Center and Surface Property, which shall be appurtenant to the Station Property: 4.2.1 Developer Maintenance Obligations. Nonexclusive easements within, through and across the Surface Property and the PUDO as reasonably necessary for the purpose of performing the maintenance obligations described herein and the operation and security obligations in the PUDO. The rights of Developer and Developer's Permittees under this easement are subject to the obligation not to unreasonably interfere with the use or operation of the Surface Property, and, except in an "Emergency Situation" (as that term is defined below), to notify the Public Agencies at least thirty (30) days in advance of the dates, times and scope of maintenance and to cooperate in good faith with the Public Agencies in minimizing interference with the use and operation of the Surface Property;provided,however,if such maintenance or repair work does not impact access to or parking at the Surface Property, then Developer shall only be obligated to provide the Public Agencies with at least five (5) business days advance notice. Anytime Developer reasonably determines that immediate maintenance or repair work is required to address an imminent threat to public health or safety (each, an "Emergency Situation', Developer shall give notice of such Emergency Situation to the Public Agencies as soon as possible after such determination and shall have the right to immediately act on providing such maintenance and repair work as is required to address the Emergency Situation; provided, however, that the foregoing language shall not be in denigration of any obligation, liability or duty of Developer under or pursuant to this Agreement or as provided by law,and the foregoing right shall not release or relieve Developer from any responsibility, liability or indemnification obligations arising out of, resulting from or relating to this Agreement. 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -g- Page 281 4.2.2 Access Easements. Nonexclusive access easements over and across those portions of the Transit Center and Surface Property for the purposes described below and subject to Public Agencies' approval of plans as described in DDA Section 3.4: (a) Fire, police, health and sanitation and other public service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the HSR Station for the performance of their respective duties. Additionally,easements are hereby reserved in favor of all Parties for emergency ingress and egress over, through and across all portions of the HSR Station. (b) a pedestrian access easement across the Surface Property as necessary to provide for free, unrestricted and contiguous ingress and egress between the Station Property and the Transit Center. For the avoidance of doubt, such access easement shall correspond to the actual improvements constructed within the Surface Property. (c) a pedestrian and vehicular access easement across the PUDO as necessary to provide for free,unrestricted and contiguous ingress and egress between the Station Property and the PUDO. For the avoidance of doubt, such access easement shall correspond to the actual improvements constructed within the PUDO. 4.2.3 Support Columns, Utilities, Elevators and Stairs, and Beams Serving HSR Station. Exclusive easements within, through and across only those portions of the Surface Property expressly and specifically designated and developed with elevators and stairs, columns and beams and specified utilities (i.e., only the following utilities: storm drain; water; sewer; electrical; telecommunication; and data, including similar future technologies) adjacent to such columns and beams per plans approved in advance and in writing by the Public Agencies which plans specifically show such beams, columns and utilities, for the purpose of installing, constructing, inspecting, placing, maintaining, repairing, replacing, and removing the structural columns, support beams, utilities within or adjacent to such columns, footings and any other structural components or support elements existing in, on, under and throughout the HSR Station, including incidental access as necessary to access such columns, utilities and beams for such purposes ("Column and Beam Easement"). Developer and the Public Agencies shall reasonably cooperate to designate the locations of such elevators and stairs, columns, utilities and beams on such plans to facilitate the optimal, but commercially reasonable, parking and vehicular and pedestrian circulation within the Surface Property. Developer, at Developer's sole cost and expense, shall ensure that, at all times, the columns, beams and utilities are located to provide at least 350 parking stalls available to Public Agencies' Permittees within the Surface Property, including sufficient ADA compliant parking stalls to satisfy ADA requirements. For the avoidance of doubt, Developer, at Developer's sole cost and expense, shall ensure that the Surface Property and the adjacent Transit Center, upon delivery by Developer to the Public Agencies following the initial construction of the Station Property by or for the benefit of Developer and temporary use and reconfiguration of the Transit Center pursuant to Section 4.2.4 below, collectively provide at least 650 parking stalls. Additionally, Developer, at Developer's sole cost and expense, shall ensure that the beams and any utilities adjacent to such beams are located to provide and maintain at least eight(8) feet of clear height space throughout the Surface Property. Except in an Emergency Situation, Developer shall notify the Public Agencies in writing at least thirty (30) days in advance for maintenance and at least sixty (60) days in advance for any construction, 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -9- Page 282 placing, repairing or removing work, of the dates, times and scope of maintenance or other work, and to cooperate in good faith with the Public Agencies in minimizing interference with the use and operation of the Surface Property;provided,however,if such maintenance or repair work does not impact parking at the Surface Property, then Developer shall only be obligated to provide the Public Agencies with at least five (5) business days advance notice. For the avoidance of doubt, if Developer desires to modify or add utilities in the future, the Public Agencies shall have reasonable review and approval rights with respect to any such modification or addition. Consistent with Section 4.2.1 above, anytime Developer reasonably determines that there is an Emergency Situation, Developer shall give notice of such Emergency Situation to the Public Agencies as soon as possible after such determination and shall have the right to immediately act on providing such maintenance and repair work as is required to address the Emergency Situation; provided, however, that the foregoing language shall not be in denigration of any obligation, liability or duty of Developer under or pursuant to this Agreement or as provided by law, and the foregoing right shall not release or relieve Developer from any responsibility, liability or indemnification obligations arising out of, resulting from, or relating to this Agreement. 4.2.4 Temporary Parking and Staging Easement on Transit Center and Parking Easement on the Milliken Site during the Initial Construction. In connection with development of the HSR Station by Developer and during the construction thereof, the Public Agencies hereby grant to Developer a temporary construction easement for (i) construction parking and (ii) construction staging purposes on the Transit Center ("Parking and Staging Easement"). The City hereby grants to Developer a temporary construction easement("Milliken Parking Easement") for Metrolink and/or construction parking on the adjacent parking lot owned by the City on Anaheim Place, abutting Azusa Court and Milliken Avenue ("Milliken Site")until the completion of the HSR Station, but in any event no later than seven(7) years after Close of Escrow. However,with respect to the Milliken Site, the City may terminate the Milliken Parking Easement no earlier than six (6)months after written notice from the City to Developer indicating that the City has reached agreement with a buyer for the sale of all of the Milliken Site (or for a material portion of the Milliken Site that requires termination of such Milliken Parking Easement), subject only to City Council approval of the agreement, if such date is earlier than the completion of the HSR Station. The Public Agencies and Developer shall coordinate regarding the location(s) and scope(s)of such construction parking and construction staging such that the combined Transit Center and Milliken Site continue to provide at least 325 parking stalls or an Approved Lesser Amount are available to Public Agencies' Permittees,at least four bus drop off locations(including on Azusa Court if necessary), pedestrian access between such parking and bus drop off locations and the Metrolink platforms and legally compliant ADA parking, all in a manner reasonably acceptable to the Public Agencies. Prior to exercising any such rights described within this Section 4.2.4, Developer shall provide the Public Agencies with thirty (30) days' notice of Developer's plans for any occupancy or use of the easement, and the Developer must demonstrate to the reasonable satisfaction of the Public Agencies that safe and adequate circulation of pedestrian, vehicular, and bus movements are and will be provided for at all times during the term(s) of the easement. Developer shall provide the Public Agencies at least thirty (30) days' notice of any changes to the affected area, to enable the Public Agencies to provide notice to Metrolink and/or its patrons, and such changes must otherwise be in accordance with the terms of this Agreement. Commencing on the date which Developer takes possession of any Parking and Staging Easement or Milliken Parking Easement, Developer shall compensate the Public Agencies for the temporary use of such area by paying them, on a monthly basis, on or before the first business day of each 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -10- Page 283 calendar month, without offset or deduction, a sum of money which is equal to the product of the following factors: (i) the total number of square feet then affected by the applicable easement, (ii) the affected property's fee value per square foot, multiplied by (iii) one third of a percent (1/3%). The fee value per square foot of the affected property shall first be established by an appraisal no older than six months at the time Developer first takes possession of either of the Parking and Staging Easement or Milliken Parking Easement area and shall be scaled by a factor of one and four hundredths (1.04) each year on the anniversary of said appraisal's date of valuation. If payment is not made within ten (10) business days after written notice from the City, then the outstanding sum shall immediately begin to accrue interest at the rate identified in Section 7 until paid. Notwithstanding the foregoing, Developer shall receive a credit, not to exceed $600,000, toward the rent for the Parking and Staging Easement during such time Developer is actively constructing the Bus Loop and PUDO. Such credit will not be received during such time Developer is using the areas designated for the Bus Loop and PUDO for construction staging during development of the HSR Station. During the term of the Parking and Staging Easement or Milliken Parking Easement, as applicable, Developer shall maintain such easement area in good condition and repair. Following the termination of the Parking and Staging Easement or Milliken Parking Easement, as applicable,Developer shall promptly return the portion of the Transit Center and Milliken Site, as applicable,used for such easement to, with respect to the Transit Center, the improved condition per the approved plans, and to the Milliken Site, its condition immediately prior to the easement term. 4.2.5 Minimum Parking. At all times until the completion of the HSR Station, Developer shall ensure that a minimum of(1) three hundred twenty-five (325) parking spaces total across the Surface Property, the Milliken Site (defined below) and Transit Center(or such lesser amount if less than 325 parking spaces total exist at such time), or (2) an Approved Lesser Amount(defined below)of parking spaces total across the Surface Property,Transit Center and other adjacent parking lots if the City sells the Milliken Site, and in both events, including sufficient ADA compliant parking stalls to satisfy ADA requirements, are available to Public Agencies' Permittees. Developer shall conduct parking counts on the Transit Center during the fall of 2025 and spring of 2026 and share such data with the Public Agencies for the Parties to collectively determine the actual peak parking demand,which in all events shall be no greater than 325 parking spaces ("Approved Lesser Amount"). On or before the earlier of(i)August 1,2026 or (ii)the date that less than the Approved Lesser Amount is available on the Transit Center, Milliken Site and other adjacent parking lots, Developer shall obtain the administrative approval of the Public Agencies of a parking plan that provides for any delta between the available parking within such lots and the Approved Lesser Amount via parking within walking distance, but no more than 1,000 feet, of the Transit Center or offsite parking with shuttle service. Such parking plan shall specifically identify any off-site parking sites and stalls with written options or guarantees of the availability of such parking and shuttle service, as applicable,to implement such parking plan. Additionally, Developer shall use commercially reasonable efforts to phase and stage its construction to limit, where possible, the time that the parking plan would be necessary. 4.2.6 Temporary Construction Easement on Transit Center during the Initial Construction. The Public Agencies hereby grant to Developer a temporary construction easement ("Temporary Construction Easement") for the construction of ramps and stairs, reconfigured bus loop, the PUDO, and reconfigured parking on the Transit Center, all per plans approved by Public Agencies in accordance with DDA Section 3.4,to facilitate ingress and egress 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -11- Page 284 between the Station Property and the Transit Center and the reconfigured pedestrian ramp for access to the pedestrian tunnel between the north and south Metrolink platforms ("Pedestrian Tunnel"). Developer shall ensure that the design and construction of the ramp from the Station Property to the Transit Center is in accordance with all ADA requirements. Additionally, Developer shall ensure that the design and construction of such ramp includes and utilizes drains and non-slip surfaces; provided, however, that Developer shall ensure that such design and construction also provides for and is conducive to the commercially reasonable subsequent addition of an overhead covering to shield the ramp from rain. The Public Agencies and Developer shall coordinate to ensure that at least four bus drop off locations (including on Azusa Court if necessary), pedestrian access between such parking and bus drop off locations and the Metrolink platforms and legally compliant ADA parking, all in a manner reasonably acceptable to the Public Agencies. Prior to exercising any such rights described within this Section 4.2.4, Developer shall provide the Public Agencies with thirty(30) days' notice of Developer's plans for any occupancy or use of the easement, and the Developer must demonstrate to the reasonable satisfaction of the Public Agencies that safe and adequate circulation of pedestrian, vehicular, and bus movements are and will be provided for at all times during the term(s) of the easement. Developer shall provide the Public Agencies at least thirty (30) days' notice of any changes to the affected area,to enable the Public Agencies to provide notice to Metrolink and/or its patrons, and such changes must otherwise be in accordance with the terms of this Agreement. During the term of the Temporary Construction Easement, Developer shall maintain the Temporary Construction Easement area in good condition and repair. Following the termination of the Temporary Construction Easement,Developer shall promptly return the portion of the Transit Center used for the Temporary Construction Easement to the improved condition per the approved plans. 4.2.7 Future Construction. During the redevelopment of the Station Property, Developer on advance written notice, including without limitation the prior written approval of the Public Agencies of replacement parking as provided below, of not less than twelve (12)months, shall have the right to temporarily close the Surface Property for a reasonable period of time not exceeding thirty-six (36) months (as the same may be extended by force majeure, but not otherwise) during the actual construction on the Station Property and subject to the terms of this Section 4.2.5. If, as a consequence of Developer's future construction,the Public Agencies would not have at least 325 parking spaces available during the period of construction, Developer shall provide reasonable replacement parking, compliant with ADA and all other applicable law, taking into account both then existing ADA parking areas located on the Transit Center and ADA requirements relating to the replacement parking, as applicable, and otherwise reasonably acceptable to the Public Agencies during the construction period and thereafter until the Surface Property is returned to its prior condition. The amount of such replacement parking provided by Developer shall ensure that the Public Agencies would have (i) 325 parking spaces if the Public Agencies had 325 or more parking spaces just prior to Developer's construction, or (ii) if the Public Agencies had less than 325 parking spaces just prior to Developer's construction, an amount equal to such lesser amount. Following such construction, Developer shall promptly return the Surface Property to its prior condition as of the date Developer took possession or per revised plans approved by the Public Agencies, if applicable. As an example only, if Developer develops a larger HSR station with below grade parking and the Surface Property, at the time of such construction, is used as a gated surface parking lot, Developer shall restore the Surface Property to a surface parking lot, including striping, lighting, and gates, as applicable (including any equipment that was previously installed by the Public Agencies). 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -12- Page 285 4.2.8 Service Corridor for Baggage . Developer may in the future, without any obligation to do so or to continue such service once commenced, build a service corridor from baggage handling room on the Station Property that would open onto the Pedestrian Tunnel to enable baggage service between BLW trains and Metrolink Trains. Developer shall construct the connection of the service corridor with the Pedestrian Tunnel per plans approved in advance and in writing by the Public Agencies and gate such corridor from the Pedestrian Tunnel to prevent access and vagrancy issues when not in use; said gate to be located entirely on the Station Property. Developer shall coordinate with the Public Agencies regarding the design thereof to maximize the continued functionality of the Pedestrian Tunnel and any construction work relating thereto to minimize impacts to the Transit Center. 4.2.9 Warranties. For all facilities that the Public Agencies will own and control, Developer shall obtain customary and usual construction and installation warranties, shall assign all such warranties, on a non-exclusive basis and to the extent assignable, to the Public Agencies with respect thereto, and shall, whether or not such warranties are assigned, reasonably cooperate with the Public Agencies to enforce such warranties as necessary, including filing and pursuing warranty claims on behalf of the Public Agencies for non-assignable warranties. 5. INSURANCE. 5.1 Public Agency Insurance Requirements. With respect to the Surface Property and the PUDO, at all times the Public Agencies (or one of them) shall maintain property insurance coverage in amounts and types consistent with the coverage and amounts maintained on the Transit Center. To the extent both possible and reasonably available at commercially reasonable rates, Developer will be named as an Additional Insured on said insurance coverage and the Public Agencies will provide Developer reasonable evidence of said insurance upon request. The Public Agencies shall also maintain Commercial General Liability (CGL) coverage within the PUDO and Surface Property. 5.2 Developer Insurance Requirements. Developer at all times shall maintain the following insurance coverage: 5.2.1 Property Insurance. With respect to the Station Property, at all times Developer shall maintain property insurance against all risks of loss to any at full replacement cost with no coinsurance penalty provision. Such coverage shall name the Public Agencies as a loss payee as their interest may appear. 5.2.2 Commercial General Liability (CGL). Developer shall maintain the insurance coverage set forth below in this Section 5.2.2 when the provisions of Section 5.3.1 do not apply. Such insurance shall include Commercial General Liability with limits of liability of not less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million dollars ($25,000,000) in the general aggregate for this project; otherwise, the general aggregate shall be twice the per occurrence limit. Coverage shall include bodily injury, property damage, personal and advertising injury, and products completed operations liability through any combination of primary and excess or umbrella liability insurance. Policy limits shall reset annually. Notwithstanding the foregoing, following the commencement of revenue service operations, the limits shall be adjusted to reflect the limit established by Congress from time to 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -13- Page 286 time applicable to Developer's passenger rail operations. The CGL insurance shall be written on an ISO occurrence form CG 00 01 04 13, or on substitute forms providing coverage at least as broad as CG 00 01 04 13, subject to approval by the Public Agencies. Developer's CGL policy shall be primary,any coverage maintained by the Public Agencies shall not contribute with respect to the PUDO. All excess or umbrella policies must be "follow form" and shall provide coverage no less than the primary CGL policy. Refer to Section 5.4.4 for additional insured requirements. 5.3 Insurance During Construction including Design. Developer shall maintain the following insurance coverage at all times during which it is performing construction work within either of the Properties: 5.3.1 Commercial General Liability (CGL). Developer shall maintain Commercial General Liability (CGL) insurance with limits of liability of not less than three hundred fifty million dollars ($350,000,000) per occurrence, three hundred fifty million dollars ($350,000,000)products and completed operations aggregate, and a general aggregate limit of not less than three hundred fifty million dollars ($350,000,000) providing coverage for bodily injury, property damage, and personal and advertising injury through any combination of primary and excess or umbrella liability insurance policies. The CGL policy or policies shall include one reinstatement general aggregate limit during the policy(ies) term. The CGL insurance shall be written on ISO occurrence form CG 00 01 04 13, subject to approval from the Public Agencies. All excess or umbrella policies shall be "follow form" and shall afford no less coverage than that provided by the underlying primary CGL policy. All such excess or umbrella policies shall also include a drop-down provision in the event of exhaustion or unavailability of the underlying primary limits and shall provide coverage as if primary. Refer to Section 5.4.4 for additional insured requirements. The policy or policies shall be endorsed to remove exclusions pertaining to any railroads. The CGL insurance shall not include any endorsement or other policy language that limits or restricts coverage for liability assumed under an insured contract. Completed operations coverage shall extend for the duration of any exposure under any applicable statute of repose or any other applicable statute of limitations. If coverage for the full statutory exposure period is not commercially available,such completed operations coverage shall extend for at least ten (10)years from the completion date of such improvements. 5.3.2 Commercial Automobile Insurance. Developer shall maintain commercial automobile liability insurance written on ISO form CA 00 01 10 01 or on substitute forms providing coverage no less broad, subject to approval by the Public Agencies. Such insurance shall provide a limit of not less than five million dollars($5,000,000)per accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos). The policy must contain an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). Developer shall require its general contractor to maintain (and shall ensure that its general contractor does maintain) commercial automobile liability insurance written on ISO form CA 00 01 10 01 (or,with approval from the Public Agencies, substitute form providing equivalent liability coverage)with a limit not less than twenty-five million dollars($25,000,000)per accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non- owned autos)and can be satisfied by a combination of primary and excess and/or umbrella policies. 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -14- Page 287 The policy(ies) must contain an endorsement for coverage to operations in connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90)with a sublimit of no less than one million dollars ($1,000,000). All excess or umbrella policies shall include a drop-down provision in the event of exhaustion or unavailability of the underlying primary limits and shall provide coverage as if primary for commercial automobile liability. 5.3.3 Workers' Compensation and Employers Liability Insurance. Developer shall maintain Workers' Compensation insurance in accordance with the requirements of applicable California statutes. In addition, Developer shall provide Employer's Liability with limits of not less than one million dollars ($1,000,000) each accident, one million dollars ($1,000,000) each employee for disease, and a policy limit of one million dollars ($1,000,000) for disease. Developer shall maintain excess liability insurance including Employer's Liability coverage with limits of not less than twenty-five million dollars ($25,000,000), which may be satisfied through a combination of primary and excess and/or umbrella liability insurance policies. The workers' compensation policies must provide the following: (a) A waiver of subrogation in favor of the Additional Insured Parties and the Permittees of the Additional Insured Parties; (b) A voluntary compensation endorsement; (c) An alternative employer endorsement, if applicable to the Additional Insured Parties' operations; (d) Coverage for liability under Title 46 of the U.S.C. § 688 on an "if any" basis or as otherwise appropriate; and (e) An endorsement extending the policy to cover the liability of the insureds under the Federal Employer's Liability Act on an "if any" basis or as otherwise appropriate. 5.3.4 Professional Liability Insurance. The Developer shall provide evidence of professional liability insurance, including prior acts coverage sufficient to cover all claims arising out of any professional services, including without limitation engineering, architectural,or land surveying work required in connection with such construction,procured, and maintained by those third parties performing such work for or on behalf of Developer. For the lead design contractor for the improvements in privity with Developer, the coverage must not be less than ten million dollars ($10,000,000) per claim and in the aggregate. For environmental assessments, land surveying work and any other site work, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For architectural, geotechnical engineers, and electrical engineers, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For structural engineers and civil engineers relating to such construction,the coverage must not be less than five million dollars($5,000,000)per claim and in the aggregate. Developer shall also require any member of its design build team, any subconsultant, or any subcontractor performing professional design services for any portion of such construction work,to obtain and maintain(and shall ensure that they do obtain and maintain) 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -15- Page 288 professional liability insurance providing the same coverage, with limits of at least one million dollars ($1,000,000) per claim and in the aggregate. Developer shall procure and maintain an Owner's Protective Professional Indemnity(OPPI)policy that provides coverage with limits of at least twenty-five million dollars ($25,000,000) per claim and in the aggregate for claims arising out of the liability of design and construction professionals. Such coverage must include coverage for claims filed directly against Developer by third-parties alleging negligence (arising from professional services of design firms). No self-insured retention for Developer or any lead design entity is permitted to exceed five hundred thousand dollars ($500,000), without prior written approval from the Public Agencies, in their good faith discretion (which shall factor in whether such insurance is commercially available). Coverage must apply specifically to professional activities performed or contracted by Developer in support of the construction. The policy(ies) must have a retroactive date consistent with the inception of the first date of design or project or construction management activities, and no later than the date on which any contract or subcontract was issued. Developer agrees to maintain or to require its design professionals, subconsultants, or design-build subcontractors to maintain (and shall ensure that they do maintain), as appropriate, this required coverage for a period of no less than three years after the commencement of revenue service or to purchase an extended reporting period for no less than three years after the commencement of revenue service. If the contractor is working with a separate lead design entity, contractor must (and Developer shall ensure that contractor does)require the lead design entity to agree to maintain this coverage for a period of no less than three (3)years after completion of such construction. 5.3.5 Contractor's Pollution Liability. Developer shall procure or cause to be procured contractor's pollution liability ("CPL") coverage throughout the period of construction. Coverage must be provided by a stand-alone policy with limits of no less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million dollars ($25,000,000) in the aggregate per policy period dedicated to the larger high speed rail project, which may include other parcels under Developer's control or responsibility,but must include the Property. Coverage must be written on an occurrence basis and extended for a minimum ten(10) year period or for the duration of the applicable statute of repose. The CPL policy must include coverage for investigation, removal, and remediation costs including monitoring or disposal of contaminated soil, surface water, groundwater or other media to the extent required by environmental laws caused by pollution conditions resulting from or exacerbated by covered operations; third-party bodily injury and property damage, provided that the third-party property damage liability coverage includes loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by or from conditions exacerbated by covered operations. The policy must have no exclusions or limitations for loss occurring over water including but not limited to a navigable waterway or for lead or asbestos. Coverage as required in this Section shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL policy must also provide coverage for losses due to loading, unloading or transportation and liability imposed by off-site disposal of materials at a third-party disposal site including testing, monitoring, measuring operations or laboratory analysis and remediation. If the scope of work includes the disposal of any hazardous or non-hazardous materials from the job site, Developer shall furnish the Additional Insured Parties evidence of pollution legal liability insurance 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -16- Page 289 maintained by the disposal site operator for losses arising from the insured facility accepting the materials,with coverage in minimum amounts of five million dollars ($5,000,000)per loss and an annual aggregate of five million dollars ($5,000,000). 5.3.6 Railroad Protective Liability. Developer shall provide, or cause to be maintained, any coverage as may be required by any railroad as a condition of the railroad's consent for entry onto railroad facilities or property. Such policy shall be effective during the period any construction is being performed within 50 feet of any railroad ROW. Coverage shall be written on Insurance Services Office occurrence Form CG 00 35 (or, with approval from the railroad requiring such insurance, substitute form providing equivalent coverage) on behalf of any railroad as a named Insured, with a limit specified by any railroad. 5.3.7 Builder's Risk Insurance. Developer shall, upon commencement of construction, obtain and maintain a policy of builder's risk insurance for the construction. Coverage shall be written on an "all risk" basis on the larger high speed rail project that will at least cover the full replacement cost of the HSR Station and Developer's construction within the Transit Center, including, without limitation, the PUDO and bus loop, with no coinsurance provision. The insureds must include the contractor, all subcontractors (excluding those solely responsible for design work) of any tier, suppliers, and the Additional Insured Parties. The policy must cover all property, roads, buildings, bridge structures, other structures, fixtures, materials, supplies, foundations, pilings, machinery and equipment (excluding contractor's equipment) that are part of or related to the portions or elements of the construction,and the works of improvement, including permanent and temporary works and on-site materials, and including goods intended for incorporation into the works located at the Property, in storage or in the course of transit to the Property and all improvements that are within the Property. The builder's risk policy must include coverage for: (a) Any ensuing loss from faulty workmanship or nonconforming work, including L.E.G. 3 wording, if commercially available; (b) Machinery accidents and operational testing involving equipment covered by the policy; (c) Removal of debris, with a sublimit of twenty-five percent (25%) of the loss subject to a limit of twenty-five million dollars ($25,000,000) and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all Properties (d) Transit, including ocean marine coverage (unless insured by the supplier or through a separate marine cargo policy),with sub-limits sufficient to insure the full replacement value of any key equipment item; (e) Replacement value of any property or equipment stored either on or off the Property; (f) Coverage limits sufficient to insure for the following perils subject to applicable sub-limits for these perils based on the probable maximum loss of the insured property: 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -17- Page 290 (i) Collapse; (ii) Terrorism; (iii) Earthquake; (iv) Flood; (g) Plans, blueprints and specifications; and (h) Demolition and increased cost of construction as required by law or ordinance subject to applicable sub-limits. There must be no coinsurance penalty provision in any such policy. All deductibles or self-insured retentions must be the sole responsibility of Developer. The policy must provide a"severability of interests provision,""multiple insured's clause" or similar wording that the policy is to apply to each insured as if a separate policy had been issued to each insured except as to limits. Developer shall also require the general contractor and its subcontractors to procure and maintain (and shall ensure that they do procure and maintain) coverage for tools and equipment owned, leased or used by the general contractor or subcontractors in the performance of their work under this contract. Upon completion of construction, Developer shall provide evidence of"all risk" property insurance covering the improvements, with coverage sufficient to cover the probable maximum loss of such improvements and alterations made by Developer pursuant to the terms hereof,which must include "all risk" coverage using the ISO Causes of Loss - Special Form or (with approval from the Public Agencies) its equivalent, as well as flood insurance, subject to applicable sub- limits for natural hazard exposures based on the probable maximum loss of such improvements. 5.4 General Insurance Requirements. 5.4.1 Self Insurance/Deductible. The policy or policies under which coverage is provided by Developer may include a deductible or self-insured retention not in cumulative excess of ten million dollars ($10,000,000) on the condition that: (a) Each insurance policy expressly provides that the obligations of the policy issuer to the Additional Insured Parties an additional insured are not to be diminished in any way by Developer failure to pay its deductible or self-insured retention obligation for any reason; (b) Developer provides a declaration under penalty of perjury by a Certified Public Accountant (CPA) acceptable to the Additional Insured Parties and who shall apply a Fiduciary Standard of Care, certifying the accountant has applied Generally Accepted Accounting Principles (GAAP) guidelines confirming that Developer has sufficient funds and 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -18- Page 291 resources to cover any self-insured retentions if the cumulative self-insured retentions from all required insured policies are in excess of one million dollars ($1,000,000); and (c) Developer promptly pays any and all amounts due under such deductible or self-insured retention in lieu of insurance proceeds that would have been payable if the insurance policies had not included a deductible or self-insured retention amount. 5.4.2 Definition of "Self Insurance". As used in this Section, "self insurance"means that Developer is itself acting as if it were the insurance company providing the insurance required. 5.4.3 Evidence of Insurance. Developer shall furnish evidence of insurance reasonably acceptable to the Additional Insured Parties before Developer commences physical construction within the Properties. Developer shall also provide the Additional Insured Parties with satisfactory evidence of renewal or replacement insurance no later than thirty (30) days after the expiration or termination of such insurance. Developer shall submit full copies of the commercial general liability policy, excess/umbrella liability policy,builder's risk policy, and the professional liability policy or binders with full specimen copies of the forms for each policy until such time as full copies of the policies are available. This requirement applies prior to Developer starting work on the Properties, including all subsequent renewal policies. Certificates of insurance are required for all other lines of insurance. If, through no fault of Developer, any of the coverage required becomes unavailable, Developer shall provide good faith alternative insurance packages and programs, subject to prior approval by the Public Agencies,with the goal of reaching agreement in good faith on a package providing coverage equivalent to that specified herein. 5.4.4 Additional Insured Coverage. All insurance policies maintained by Developer, including property insurance,but excluding Workers' Compensation and Professional Liability insurance, shall name the Additional Insured Parties as additional insured. Developer's Commercial General Liability(CGL) insurance policies shall name the Additional Insured Parties as additional insureds using ISO Additional Insured Endorsements CG 20 10 04 13 and CG 20 37 04 13 (or endorsements providing equivalent coverage, subject to approval by the Public Agencies). These endorsements shall provide additional insured coverage for both ongoing operations and completed operations, as required under this Agreement. With respect to liability arising out of or connected with work or operations performed by or on behalf of Developer on the Property, coverage for such additional insureds must not extend to liability to the extent prohibited by California Insurance Code Section 11580.04. The additional insured endorsements shall not limit the scope of coverage for the Additional Insured Parties to vicarious liability but shall instead provide coverage for each Additional Insured Party to the full extent afforded by the policy. Additional Insured Party means the Public Agencies, individually, and Additional Insured Parties, means the Public Agencies, collectively, and each case includes their respective directors, council members, officers, employees, contractors and agents. (a) For CGL provided pursuant to Section 5.2.2,ISO Additional Insured Endorsement CG 20 26 may be substituted for CG 20 10. Coverage shall be provided to the Additional Insured Parties for all claims arising from the Property of the Additional Insured Parties, respectively, or proximately caused by reason of construction activities and the location 4877-5650-6677.40 378683.00002/2-23-26iamcimrf -19- Page 292 and placement of improvements within the Property, except to the extent caused by a respective Additional Insured Party's gross negligence or willful misconduct. (b) For CGL provided pursuant to Section 5.3.1,the CGL policy shall provide coverage to the Additional Insured Parties for both on-going and completed operation losses. Such coverage shall apply to claims proximately caused by the uses authorized under this Agreement, except to the extent such claims are caused by the gross negligence or willful misconduct of a respective Additional Insured Party. 5.4.5 Waiver of Subrogation Rights. To the fullest extent permitted by law, Developer hereby waives all rights of recovery under subrogation against the Additional Insured Parties, and any other tenant, contractor, subcontractor or sub-subcontractor performing work or rendering services on behalf of the Additional Insured Parties, in connection with the planning, development and construction of any improvements. To the fullest extent permitted by law, Developer shall require each of its subcontractors, at every tier, to provide a written waiver of subrogation and to include corresponding provisions in their insurance policies. Developer shall require all of the policies and coverages required in this Section to waive all rights of subrogation against the additional insureds (ISO Form CG 24 04 05 09). Such insurance and coverages provided must not prohibit Developer from waiving the right of subrogation prior to a loss or claim. 5.4.6 Eligible Insurers. If policies are written by insurance carriers authorized and admitted to do business in the State of California, then the insurance carriers must have a current A.M. Best rating of A-VIII or better and if policies are written by insurance carriers that are non-admitted but authorized to conduct business in the State of California, then they must meet the current A.M. Best rating of A-:X or better, unless otherwise approved in writing by the Public Agencies. 5.5 Coverage Amounts. All insurance coverage amounts hereunder shall be increased every five (5)years based on increases, if any, in the consumer price index. 6. INDEMNITY. 6.1 Indemnity. Subject to the provisions of Section 6.2 below,Developer shall protect, indemnify, defend, and hold harmless the Public Agencies from and against all claims, demands,expenses,liabilities,losses,damages,and costs, including without limitation any actions or proceedings in connection therewith and reasonable attorneys' fees related thereto, incurred in connection with, arising from, due to or as a result of the death of, or any accident, injury, loss, or damage, howsoever caused, to, any person or loss or damage arising as a result of Developer's or Developer's Permittees' acts or omissions on or related to the Station Property and the PUDO, including without limitation, the Parking and Staging Easement and the Milliken Parking Easement described in Section 4.2.4 and the Temporary Construction Easement in Section 4.2.6. Subject to the provisions of Section 6.2 below, the Public Agencies shall protect, indemnify, defend, and hold harmless the Developer from and against all claims, demands, expenses, liabilities, losses, damages, and costs, including without limitation any actions or proceedings in connection therewith and reasonable attorneys' fees related thereto, incurred in connection with, arising from, due to or as a result of the death of, or any accident, injury, loss, or damage, 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -20- Page 293 howsoever caused, to, any person or loss or damage arising as a result of the Public Agencies' or their Permittees' acts or omissions on or related to the Surface Property and the PUDO. 6.2 General Provisions. Notwithstanding anything to the contrary in this Section 6, neither Parry shall be entitled to indemnification for damage to the extent caused by or arising from its negligence or willful misconduct or the negligence or willful misconduct of its Permittees. 7. ENFORCEMENT AND REMEDIES. If any Parry defaults in the performance of any obligation under this Agreement ("Defaulting Party" with respect to each individual instance of such default), and if such default remains uncured thirty(30) days after written notice from the other Party("Nondefaulting Party"with respect to each such individual instance of such default), stating with particularity the nature and extent of such default, then Nondefaulting Party shall have the right to (i)perform such obligation on behalf of such Defaulting Party, (ii)be reimbursed by such Defaulting Party within thirty (30) days of written demand therefor, together with interest at the lesser of the rate of twelve percent (12%) per annum or the maximum rate permitted by law,and/or(iii) commence an action against the Defaulting Party for injunctive relief (including mandatory injunction or specific performance) and/or damages; and nothing in this Agreement, including without limitation the foregoing language and including that a cure period is provided and that a cure may timely occur, shall limit or be in denigration of the rights and remedies of the Nondefaulting Party,including the right to damages and/or other legal or equitable remedies or relief. The failure of the Nondefaulting Parry to insist, in any one or more cases,upon the strict performance of any provision of this Agreement shall not be construed as a waiver of the future breach of such provision or any other provision of this Agreement. 8. APPROVALS AND DISPUTE RESOLUTION. Except as otherwise specifically provided herein,no approval shall be unreasonably withheld or delayed. If the Parties are not able to agree on any matter which is to be approved by Party or Parties pursuant to this Agreement, the matter shall,upon demand of any Party, be determined pursuant to the provisions set forth below. 8.1 Meet and Confer. If the Parties are unable to resolve a dispute within ten(10) days of written notice of a dispute, the Parties will, at the written request of any Parry, require that the matter be reviewed by a senior level executive of each Party (in the case of Developer, by a Senior Vice President or higher, and in the case of the Public Agencies, by the Assistant City Manager or higher or the Deputy Executive Director or higher, as applicable). If senior level executives cannot reach a resolution within ten (10) days of commencing their meet and confer then any Party may seek judicial resolution. 8.2 Costs. Each Party will bear its own costs, including attorneys' fees, which it incurs. In the event the parties use a mediator or arbitrator, they will share equally in the costs of the mediator's services. 9. REVERSIONARY RIGHT. 9.1 Reversionary Right. Reference is hereby made to the reversionary right of the Public Agencies with respect to the Station Property as set forth in DDA Section 5.2.2. With 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -21- Page 294 respect to such reversionary right, as a matter of clarification, the Parties agree that, if the Public Agencies repay the amount set forth in DDA Section 5.2.2, and there is any secured loan or lien encumbering the Station Property, then the amount paid shall be paid to the secured lender or lienholder to the extent necessary to require a reconveyance/release of the applicable deed of trust or other lien under California law. Additionally, the reversionary right shall no longer apply following the completion of the required improvements set forth in the DDA by Developer and commencement of revenue service on the high speed rail line from the HSR Station. 10. RIGHT OF FIRST NEGOTIATION. 10.1 First Negotiation. If the Public Agencies elect to sell all or a portion of the Surface Property and/or the PUDO (which shall be subject to easements and/or licenses provided to Developer),or the Public Agencies receive a bona fide offer to buy all or a portion of the Surface Property and/or PUDO from a purchaser which is acceptable to the Public Agencies, Developer shall have the right of first negotiation to purchase the Surface Property and/or PUDO from the Public Agencies pursuant to the following terms and conditions: 10.1.1 Sale Notice. If the Public Agencies elect to sell all or a portion of the Surface Property and/or PUDO, the Public Agencies shall first notify Developer (or its successor owner of the Station Property) in writing before the Surface Property and/or PUDO (or such portion)becomes available for sale to third parties, or if the Public Agencies receive the bona fide offer described above, the Public Agencies shall notify Developer that the Public Agencies have received such an offer ("Sale Notice"). Pursuant to such Sale Notice, the Public Agencies shall then negotiate with Developer to sell the Surface Property and/or PUDO (or such portion)to Developer. The Sale Notice shall set forth the proposed economic terms (including, without limitation, purchase price) and conditions upon which the Public Agencies are willing to sell the Surface Property and/or PUDO (or such portion) (collectively, the "Economic Terms"). 10.1.2 Procedure for Acceptance. If Developer wishes to exercise Developer's right of first negotiation,then within ten(10)business days of the delivery of the Sale Notice to Developer, Developer shall deliver a written notice to the Public Agencies of Developer's exercise of its right of first negotiation, whereupon the Public Agencies and Developer shall then negotiate the terms of the sale for a period of sixty (60) days ("Negotiation Period"). Developer must elect to exercise its right of first negotiation to purchase all of the Surface Property and/or PUDO offered (not less than what is offered). If Developer does not so notify the Public Agencies within the ten(10)business day period, or terms acceptable to the staff of the Public Agencies (which they would recommend to decision-makers for approval) are not reached during the Negotiation Period, then the Public Agencies shall be free to sell the portion of the Surface Property and/or PUDO offered to Developer to anyone the Public Agencies desire on any terms the Public Agencies desire, and Developer shall no longer have any right to purchase such portion of the Surface Property and/or PUDO; provided, however, if the Public Agencies desire to sell such portion of the Surface Property and/or PUDO (i) for less than ninety percent(90%) of the purchase price, or (ii) later than the date which is one year after the Negotiation Period, then the Public Agencies shall be obligated to give another Sale Notice to Developer in accordance with the terms of this Section 10.1.1 above. 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -22- Page 295 10.1.3 Agreement. If Developer and the Public Agencies agree on the terms of Developer's purchase of the Surface Property and/or PUDO (or a portion thereof), then the Public Agencies and Developer shall, within ninety(90) days thereafter, execute a purchase agreement upon which Developer shall agree to purchase the Surface Property and/or PUDO (or a portion thereof)with the following terms: (a) Developer shall complete its due diligence review of the Surface Property and/or PUDO within thirty (30) days following the date of the purchase agreement, (b) the close of escrow under the purchase agreement shall not occur later that thirty(30)days following expiration of the due diligence period, and(c) all remaining terms of the purchase and sale of real property that are in the DDA and not specified in this Section 10.1 shall apply to the purchase and sale transaction. 11. TRAFFIC SIGNAL IMPROVEMENTS AND MAINTENANCE/REPAIR. 11.1 Azusa Court/Milliken Avenue Intersection. Developer shall construct a traffic signal and associated intersection improvements at the intersection of Milliken Avenue and Azusa Court("Intersection") as part of the development and operation of the HSR Station. 11.2 Milliken Avenue/Station Property Driveway. Developer intends to utilize a right-in, right-out movement at the driveway entrance to the Station Property from Milliken Avenue("Driveway")as part of the development and operation of the HSR Station. With this configurations, the City is not requiring a traffic signal to control traffic at the Driveway. However, Developer may not utilize a left-in, left-out movement at the Driveway unless and until a fully signalized T-intersection is constructed and installed at the Driveway in accordance with Section 11.4,unless otherwise agreed to by the City. 11.3 Anaheim Place/Azusa Court Intersection and Azusa Court/Surface Property Driveway. Developer completed a traffic study to determine whether any additional traffic improvements are required at the intersection of Anaheim Place and Azusa Court and at the driveway entrance to the Surface Property from Azusa Court. Based on the updated traffic study, the intersection of Anaheim Place and Azusa Court shall be designed and constructed as a two- way stop with full buildout to accommodate a future traffic signal, including the installation of conduit,raceway, and sufficient space for future poles and support infrastructure. The intersection shall initially operate as a two-way stop, with the traffic signal to be installed by Developer when traffic conditions warrant, as determined by a traffic study to be initiated by Developer five (5) years following the commencement of fare-paying Brightline West train operations,and then every decade thereafter unless updated information (e.g., a dramatic rise in ridership or development) warrants a traffic study earlier than such decade milestone. The cost of the future traffic signal installation shall be allocated among Developer, the City, and SBCTA on a proportionate basis reflecting the respected uses of the intersection by Brightline West passengers, Metrolink passengers, and bus operations. Such traffic study prepared by Developer shall analyze such user shares, subject to the reasonable review and approval of the City and SBCTA. The City shall process all permits for the initial intersection improvements in accordance with the process set forth in Section 11.4. To the extent the City has the legal ability to do so, the City shall collect fair-share contributions from, or impose fair-share contribution conditions on, any future development approvals in the vicinity of the intersection to assist in funding the cost of the future traffic signal. If such contributions are collected by third parties, the amounts shall be shared 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -23- Page 296 proportionately with Developer, City, and SBCTA. City shall bear no liability for failing to collect such contributions from any third party. 11.4 Permitting Process for Traffic Improvements. Prior to beginning design of any traffic improvements, Developer's engineer shall meet with the City Engineer's traffic engineering staff to determine the appropriate design approach and operational characteristics for each traffic improvement. Developer will submit to the City a complete "Right-of-Way Application," including plans and specifications (the "Application") for approval of the construction and installation of each traffic improvement. The City will fairly and, in accordance with the City's customary practices, promptly process (i) the Application within one hundred twenty (120) calendar days of receipt of the Application from Developer (or its agents, representatives, or designees) and all additional applications by Developer (or its agents, representatives, or designees) for City permits necessary for the construction and installation of each traffic improvement, including not limited to, any requisite construction permits, grading permits, building permits, mechanical permits, electrical permits, drainage permits, permits, and requests for inspections and approvals. The City reserves all rights and inherent duties in processing the Application to conduct a good faith review of the Application and to perform its obligation to not approve an incomplete Application if the Application is missing required technical information or is not in compliance with permit approval requirements. The City agrees to promptly notify Developer in writing of any incomplete items, missing information, and the City permit requirements. Developer shall construct and install all traffic improvements in accordance with then existing City standards. Provided the traffic improvements are accepted and completed in accordance with the foregoing (including applicable permits), the City agrees to accept and maintain all traffic improvements once complete. 12. USE OF CITY-OWNED PROPERTY. Developer and the Public Agencies cooperatively negotiated the DDA and associated easements to facilitate the development of the HSR Station. As a result thereof and as of the effective date of this Agreement, Developer acknowledges that the only City-owned property to be used for the HSR Station and any related facilities is identified in the DDA. Except as expressly set forth otherwise in the DDA, Developer shall not use or attempt to use the following City-owned property for transit uses as part of the initial development of the HSR Station without the prior written consent of the City in its sole and absolute discretion: (1) the Transit Center described in Exhibit C; (2) the Milliken Site; (3) the City-owned property adjacent to the I-15 Freeway and identified as APNs 0229-021-8 1-0000 and 0229-021-80-0000; and (4) property to be dedicated to the City for public use within the area governed by the Resort Specific Plan on the now-closed Empire Lakes Golf Course located north of Sixth Street, south of the BNSF/Metrolink rail line, west of Milliken Avenue, and east of Utica/Cleveland Avenues. Developer further acknowledges and agrees that if it needs additional City-owned property as part of the initial development of the HSR Station, it shall cooperatively negotiate directly with the City regarding the acquisition of such additional property. The foregoing shall not constitute a waiver of Developer's condemnation powers beyond the initial construction of the HSR Station (i.e., does not limit future use for expansions or reconstruction after the initial HSR Station is constructed and operational). 13. PUBLIC ART. If Developer receives approval of the Consolidated Rail Infrastructure and Safety Improvements grant ("Grant Approval"), Developer shall design, procure, fabricate, and install public art on the exterior facade of the parking garage as part of the 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf -24- Page 297 HSR Station subject to the reasonable approval of the City("Art Installation"),in an amount equal to 1.5%of the amount of such Grant Approval,not to exceed One Million Five Hundred Thousand Dollars ($1,500,000.00). If the City desires to enhance the design, procurement, fabrication or installation costs beyond Developer's funding commitment as outlined above, the City shall be responsible for any such additional costs. If Developer does not receive Grant Approval, Developer shall have no obligation to install the Art Installation or bear any costs relating thereto; provided, however, Developer shall include in the design of the HSR Station the future potential installation of the Art Installation by the City and shall reasonably cooperate, at no out-of-pocket cost to Developer, with the City regarding with the design, fabrication and installation of the Art Installation. 14. MISCELLANEOUS. 14.1 Notices. Except as otherwise provided herein, notice to be given to a Party must be in writing and may be delivered to the Party by nationally reputable overnight courier, charges prepaid, or by certified mail, return receipt requested, to the address below (or alternative address subsequently noted by such Party). Such notice is deemed delivered the first business day after delivery to such courier or, if sent by certified mail, the date of delivery or refusal to accept delivery or inability to deliver shown on the return receipt. A party may change its address(es) for notices by a notice given pursuant to this Section. City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager SBCTA: San Bernardino County Transportation Authority 1170 W. Third Street, 2nd Floor San Bernardino, CA 92410 Attn: Director of Transit&Rail Programs With a copy to SBCTA General Counsel At the SBCTA address above Developer: DesertXpress Enterprises, LLC 8329 W. Sunset Road, Suite 150 Las Vegas,NV 89113 Attn: President With a copy to Developer's Legal Department At the Developer address above 14.2 Interpretation. This Agreement is not intended to create, nor shall it be construed to create, a joint venture, a partnership, or any other similar relationship among any of the parties. The captions of the various provisions of this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents thereof. Any references to "Section" or "Sections" contained in this Agreement shall refer to that "Section" or those 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -25- Page 298 "Sections" contained in this Agreement. This Agreement shall be construed in accordance with the laws of the State of California. Time is of the essence in this Agreement. 14.3 Entire Agreement. This Agreement supersedes all prior written or verbal representations or declarations of the parties with respect to the subject matter hereof. For the sake of clarity, the subject matter of the Reserved Easements are separate and distinct from this Agreement and, as such, this Agreement does not apply to, cover or address the Reserved Easements. In the event of any conflict or inconsistency, the Reserved Easements shall control. 14.4 Amendments. No addition,modification,amendment or waiver of any part of this Agreement shall be binding or enforceable unless executed in writing by the Parties and recorded in Official Records. 14.5 Remedies Cumulative. All remedies provided in this Agreement are cumulative. Therefore, notwithstanding the exercise by a Party of any remedy hereunder, such Party shall have recourse to all other remedies as may be available at law or in equity. The failure of a Party to insist upon strict performance of any provision of this Agreement shall not be deemed a waiver of any rights or remedies that such Party may have and shall not be deemed a waiver of any subsequent breach or default of any provision hereof by the same or any other Party. 14.6 Covenants Running with Land. The covenants contained in this Agreement shall constitute covenants running with the land; shall be binding upon, and shall inure to the benefit of and appurtenant to, the Station Property, the Surface Property, the PUDO, and any portion thereof or interest therein; and shall be binding upon, and shall inure to the benefit of, the Developer, City, SBCTA and any person having or acquiring any interest therein and their successive owners and assigns. 14.7 Recordation; Effective Date. This Agreement shall be recorded in the Official Records and shall be effective upon the date thereof. 14.8 Estoppel Certificate. Each Party to this Agreement shall endeavor to issue to the requesting Party, or to any prospective purchaser of such requesting Parry's parcel, within fifteen(15) days after the written request of any other Party, but in all events prior to thirty(30) days after such written request, an estoppel certificate stating (i)whether the Party to whom the request has been directed knows of any default under this Agreement and, if there are known defaults, specifying the nature thereof, (ii)whether this Agreement has been modified or amended in any respect and specifying the nature thereof, and (iii) whether this Agreement is, at that time, in full force and effect. 14.9 Mechanics' Liens. If a Party to this Agreement(the "Responsible Party") shall permit any mechanics' liens to be filed against another Parry's parcel (an "Affected Party"), the Responsible Party shall either pay the same and have it discharged of record promptly, or take such action as may be required to reasonably and legally object to such lien and the placing of same against such Affected Party's parcel. In all events,the Responsible Party shall cause the lien to be discharged prior to the entry of judgment for foreclosure of such lien. Upon request of an Affected Party,the Responsible Party shall furnish such security,bond or indemnity to and for the 4877-5650-6677.40 378683.00002/2-23-26iamcimrf -26- Page 299 benefit of such Affected Party as may be required to permit a title endorsement or title policy to be issued relating to such Affected Party's Parcel without showing thereon the effect of such lien. 14.10 Duration. Unless terminated by agreement of the Parties, including without limitation execution, acknowledgement and recording in the Official Record of an instrument confirming or otherwise reflecting such termination, this Agreement and each term, easement, covenant, restriction and undertaking contained herein will remain in effect for a term of ninety-nine (99)years following recordation hereof and will automatically be renewed for successive ten(10) year periods thereafter. Termination of this Agreement shall not discharge or excuse any unpaid obligation, and the rights and remedies for collection of any unpaid obligation shall survive the Agreement's termination. Notwithstanding any election by the Parties to terminate this Agreement,each easement created hereby which benefits the Station Property and/or the Surface Property and its respective owner or owners and Permittees shall be deemed to exist in perpetuity unless it is quitclaimed, or otherwise terminated and extinguished by each Party benefited by such easement. Any Parry may request that such easement be documented by separate documentation in the event of a termination of this Agreement. 14.11 Severability. If any clause, sentence, or other portion of this Agreement shall become illegal, null, or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. 14.12 Governmental Powers. Nothing in this Agreement shall be construed as a waiver or modification of any governmental rights or powers of the Public Agencies. 14.13 Force Majeure. Provided that the Party or Parties claiming such delay gives written notice to the other Party or Parties of the nature of the cause of delay within ten(10) business days after the inception of the delay, and not otherwise, if any Party or Parties shall be delayed or hindered in or prevented from the performance of any construction or maintenance obligation required to be performed by such Party or Parties under this Agreement by reason of acts of God, natural disaster (including earthquake, hurricane, flood or severe prolonged adverse weather conditions),the outbreak of a pandemic virus or other pandemic disease, strikes,lockouts, unavailability of materials, failure of power, governmental laws or regulations, a declaration of a national, state or local emergency, directives or orders by a Governmental Authority (including orders by the federal Centers for Disease Control or its successor, or any state, county, or local public health department), riots, insurrections, adverse weather conditions preventing the performance of work as certified to by the licensed architect, engineer, or other individual overseeing the performance of the relevant work, war or other reason beyond such Party's or Parties' control, then the time for performance of such act shall be extended for a period equal to the period of such delay. Lack of adequate funds or financial inability to perform is not and shall not be deemed to be a cause beyond the control of a Party or Parties. 14.14 Effect of Agreement;Binding Covenants; Equitable Servitudes. Except as otherwise expressly provided herein, no rights or privileges conferred by this Agreement upon the Parties hereto shall inure to the benefit of any Permittee or other person or entity other than the Developer, City, SBCTA, or their respective successors and assigns, nor shall any such other person be deemed to be a third-party beneficiary of any of the provisions contained herein. Each and all of the restrictions,covenants,and easements of this Agreement(i) shall constitute equitable 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -27- Page 300 servitudes which shall apply to and be binding on the Parties hereto and each and all of their respective successors, assigns, and Permittees; and (ii) are imposed pursuant to a general plan for the improvement and use of the HSR Station and are designed for the mutual benefit of the Parties to this Agreement. 14.15 Time of Essence. Time is of the essence of every provision hereof in which time is a factor. 14.16 City Manager Authority. The City Manager of the City may give all approvals and make all elections described herein on behalf of the City provided they are in writing. [SIGNATURES ON FOLLOWING PAGE] 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -28- Page 301 The Parties have executed this Agreement as of the date first written above. DEVELOPER: CITY: DESERTXPRESS ENTERPRISES, LLC, CITY OF RANCHO CUCAMONGA a Nevada limited liability company By: L. Dennis Michael Mayor By: APPROVED AS TO LEGAL FORM: Sarah Watterson, President APPROVED AS TO LEGAL FORM: Nicholas Ghirelli, City Attorney David M. Pickett, Associate General Counsel SBCTA: SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: Rick Denison, Board President APPROVED AS TO LEGAL FORM: Julianna K. Tillquist, General Counsel 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -29- Page 302 NOTARY ACKNOWLEDGEMENTS A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF On , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF On , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature NOTARY ACKNOWLEDGEMENTS 4877-5650-6677.40 378683.00002i2-23-26/amc/mrf -30- Page 303 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF On , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature 4877-5650-6677.40 378683.00002i2-23-26iamcimrf -31- Page 304 EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF STATION PROPERTY APN: 0209-272-11, 0209-272-22,& 0209-143-21 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California. filed in Book 177. pages 90 through 96, inclusive of Parcel Maps. in the Office of the County Recorder of said County, together with a portion of the SANBAG(formerly A.T. & S.F.)Railroad Right-of-Way, as shown on said Parcel Map. filed in the Office of said County Retarder.within Section 13. Township 1 South. Range 7 West, San Bernardino Meridian,together with a portion of the land described as Rancho Cucamonga Metrolink Station Phase I. in the Grant Deed recorded October 06- 1994. as Document No. 1994-0409793,of Official Records of said County. described as follows: Commencing at the northeast corner of Section 13. of Township 1 South. Range 7 West. San Bernardino Meridian. as shown on said Parcel Map_ Thence along the easterly line of said Section 13. South 001129'50" East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation line South 89143'55 Vilest 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence continuing along said northerly line South 891143'55 West 12.83 feet to the Paint of Beginning; Thence South 001100'00"West 568.51 feet to the southeasterly line of Parcel 15 per said Parcel Map; Thence along said southeasterly line South 46046'47"West 23.71 feet to the southerly line of said Parcel 15; Thence along said southerly lure South 89036'24"West 269.11 feet to the beginning of a tangent cui-ve. concave northeasterly.having a radius of 117.00 feet; Thence northwesterly,along said curve.being the southwesterly line of said Parcel 15. through a central angle of 29°43'40"an arc length of 60.71 feet: Page 1 O = 4877-5650-6677.40 EXHIBIT A 378683.00002/2-23-26/amc/mrf -I- Page 305 Thence leaimg said southerly line North 00°10'37"West 569.93 feet to said northerly line of the Rancho Cucamonga Metrohnk Station Phase I; Thence North 00°10'37"West 33.38 feet-, Thence North 87°50'29"East 346.61 feet-, Thence South 00°00'00"East 44.81 feet to the Point of Beginning,- Excepting therefrom only that certain eight-foot-high parcel described in Exhibit B 1 hereto. Gross Area contains 215,146 square feet,more or less. Excepted Area contains approximately 122,890 square feet,more or less, and eight feet M height- See Exhibits `A-2' attached hereto and made a part hereof. This real property description has been prepared by me,or under my direction,in conformance with the Professional Land Surveyor's Act(Sus- &Prof Code §8700)- Signature: Zl Sean M. 5nmth.PLS 8233 Date: 71211202E vr4. a233 4F CAS'# Page 2 of2 LEGAL DESCRIPTION AND DEPICTION OF STATION 4877-5650-6677.40 PROPERTY 378683.00002i2-23-26/amc/mrf -2- Page 306 EXHIBIT 'A-2 ' ,4PN TYPE OF ESTATE AREA 0209-143-21, FEE TOTAL, 215146 SF 0209-272-11 do 22 NORNERLY LONE RANCkdO CUCAMONCA A T&SF RR F�c N€ COR. PARCEL MAPrev. r�s¢7 AdEIROLINK STAPON PHASE 7 APN' 0209-143-21 PER P.M. 177 9D 9 SEC. r3 PER 00C. NO. 9 4-04 09 793, O.R., REC. 1010611994 ,O N87'S0 29 E 346.61 rig �RfW - - - 3 NE CDR. AFN 0209-272-1T PHASE p LINE TABLE NO. BEARING DISTANCE LQ V SF079:50 IE 50.00' L2 S894355"W 30.00' L3 S894355'w' 12.83' ` y L4 5454647'N 3.71' i5 F100'?0'37"E 33.38' L6 50000'00"E 1 44.81 w PARC,L l AP 190-9 SEC 13 T. ]S R.7V! S 8.M, ar N 0 0 - 72-22 C3 a IN AdARk TH X Rr BOONOARrES OF 7?'E OGHT-FOOT-HfGH PARCEL LEI • h EXCEPTED W EXHIBIT Al \ CER NDRTHW —L ;Y gg l� LINE PARCEL 5 A i SOUTHERLY LINE PARCEL 15 CURVE TABLE NO. DELTA I RADIUS LENGTH Cl 2943'40" 1 117.00' 60.Tr' CI S893624"W 269.1I' L4 pTy OF RANCHO CUCAWNGA - - COUNTY OF SAN BERNARDINO AZUSA COURT � L L4'� L E-CE�D THIS FLA T WAS PREPARED � ® UNDER ANY 01REC770K Interest excepted in fxhibr( b1 sE+�+ M. Suin+ ® Interest described in Exhibit Of - Na asap FOC Point of Commencement T121l2025 e SE4N 1d. SMITH, PL 8233 DATE Tc� a� FOB Pvin} of Beginning Qi CA4�4 SCE So0hem California €d+san SF Square Feet FEET 0 50 100 200 400 P12FPARED 9Y.- PREPARED SCALE SHEET NO. TOTAL P S 0 M A S BY SHEETS r650 scow 5b-0. &,�son Aw Caw—v2sor MNS l'-100' r f957)78�9fYf.�rvsonox cmn LEGAL DESCRIPTION AND DEPICTION OF STATION 4877-5650-6677.40 PROPERTY 378683.00002/2-23-26/amc/mrf -3- Page 307 EXHIBIT B LEGAL DESCRIPTION AND DEPICTION OF SURFACE PROPERTY APN: 0209-272-22 Thatportion ofParcel 15 of Parcel Map Igo_ 14647,in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177,pages 90 through 96, inclusive,of Parcel Maps,in the Office of the Comity Recorder of said County,within Section 13,Township I South,Range 7 West,San Bernardino Meridian, described as follows: That certain 8-foot-high portion of land,of the real property described herein. being the air space above the above-described land,bounded above by a horizontal plane 8 feet abo-ve the highest ground surface elevation_ and as depicted in Exhibit B-4; Commencing at the northeast comer of Section 13,of Township 1 South,Range 7 West, San Bernardino Meridian_ as shown on said Parcel Map; Thence along the easterly line of said Section 13, South 00°29'50"East 50.00 feet to the intersection of the easterly prolongation of the northerly line of the land described as Rancho Cucamonga Metrolink Station Phase I,in the Grant Deed recorded October 06, 1994,as Document No_ 19 9 4-0409 7 9 3,of Official Records of said County; Thence along said easterly prolongation line South 89043'55 West 3 0.0 0 feet to the northeasterly comer of said Rancho Cucamonga Metrohnk Station Phase I,- Thence continuing along said northerly lice South 89°43'S5 West 12.83 feet; Thence lea--ing said easterly prolongation line and northerly line South 00°00'00"East 123.77 feet; Thence North 90=00-00"Vilest 11.14 feet to the Point of Beuinniug, Thence South 00--00-00"East 139.00 feet; Thence-North 90=00-00"West 15.75 feet; Thence South 00°00-DF East 34.50 feet; Thence South 89°53'05"East 15.75 feet; 4877-5650-6677.40 EXHIBIT B 378683.00002i2-23-26iamcimrf -I- Page 308 Thence South 00°00'00"East 258.88 feet; Thence North 90°00'00"West 16.42 feet; Thence South 00°00'00"East 12.08 feet; Thence North 90°00'00"West 201.25 feet; Thence North 00°00'00"East 13.41 feet; Thence North 89°53'05"West 28.33 feet; Thence North 00°00'00"West 180.29 feet; Thence North 90°00'00"West 62.00 feet; Thence North 00°00 00"West 250.75 feet; Thence North 90°00-00"East 61.42 feet to a point hereinafter referred to as Point"A"; Thence leaving said Point"A"North 90°00'00"East 159.64 feet to a paint hereinafter referred to as Point"B"; Thence leaving said Paint"B"North 90°00'00"East 86.94 feet to the Paint of Beginning; Excepting therefrom ti3.ith that portion of the land described bellow as Parcel"C"and Parcel"D"_ Parcel"C" Commencing at the above-described Paint"A", Thence leaving said Point"A"South 00°00'00' East 7.42 feet to the Point of Beginning; Thence North 90°00'00"East 25.17 feet; Thence South 00406'55"West 15.26 feet; Thence North 89453'05"West 25.14 feet; Page 2 of LEGAL DESCRIPTION AND DEPICTION OF SURFACE 4877-5650-6677.40 PROPERTY 378683.00002i2-23-26iamcimrf -2- Page 309 Thence North 00TWOV East 15.21 feet to the Point of Beginning; AND Parcel"D" Commencing at the above-described Point"B" Thence leaving said Point`°B" South 001100'00"Vest 7.42 feet to the Paint of Beginning; Thence North 90°00'DD-East 32.61 feet; Thence South 00°00'00"East 15.32 feet; Thence North 89a53'05"West 32.64 feet: Thence North 00"06'55"East 15.25 feet to the Point of Beginning; Gross Area contains 123,770 square feet,more or less_ Excepted Area contains approximately 882 square feet,more or less. See Exhibits`B-2' and `B-3' attached hereto and made a part hereof. The bearings and distances used in the above description are based on the C'.aliforiiia Coordinate System of 1983,(CC S83),Zone 5,2010.0 epoch.Divide disvinces shown by 0.9999392898 to obtain ground distance. This real property description has been prepared by me,or under my direction,in conformance l;rith the Professional Land Surveyor's Act(Sus_ &Prof Cade §8700). LA $ pn 61_ m�h signature: .�:: a Sean M_ Smith,TFLS 8233 No. $23.3 Date: 7/21/2025 ' OF Cr Pam 3 On LEGAL DESCRIPTION AND DEPICTION OF SURFACE 4877-5650-6677.40 PROPERTY 378683.00002/2-23-26/amc/mrf -3- Page 310 EXHIBIT ' B-2 ' APN TYPE OF ESTATE AREA 0209-272-22 FEE TOTAL: 123,770 SF NORTHERLY LINE RANCHO CUCA.MONGA POC NE COR. 41ETROCIJV1fSTA TION PHASE I AT&SF RR PARCEL 41AP NO. 14647 SEC 13 PER DOC. NO. 94-0409 793 D.R., APN. 0217 9-1 43-21 PER P.M. i77f90-96 REC. 7010611994 L7 L2 � -RIW APN: 0209-272-11 FAITC15L 15 NE COR_ PARCEL MAP W, 1-45-47 a A 1 3 PHASE 1 P,ml 177/90-9.6 ni DETAIL 13ETAIL NOTE- SEE LINE TABLE ON SHEET 2 �SEE SHEET 7 SEE S7 � 1 N9000'00'E L4 L73 ---� 159.64' r - -�L14 P09 w I EXCEPTION I ARF4 PARCEJ_'C' PARCEL"D" q .SEC 13 L T f S. rT.7W O O I S.B.M. I Z EXCEPTION AREA L k I J L6CD I w 1 L7 4 U k APN: 0209-272-22 If 130 C) E NORTH K ES TERL Y 02 �� O LINE PARCEL 15 amp ti a a � � I � v L9 q SOUTHERLY LINE L}} Nao�o'aoNx� 201_25' PARCEL 15 -- - CITY OF RANCHO CUCAMONGA ����� ����� COUNTY OF SAN BERNARDINO � L FOF VD THIS PLAT WAS PREPARED UNDER MY DIREC7ON SEAN u. SMITH ® Indreo#es area #o be described _ *POC Point of Commencement Na 8233 7121J2025 4lk POB Paint Of Beginning SE,aN A1. SMITH, PL'f 8233 DATE S Q SCE Southem Collfomio Edison OP CAL 1� SF Square Feet FEET Q 50 100 260 4J6 PREPARED BY.. PREPARED SCALL SHEET NO_ TOTAL .7 P S 0 M A BY SHEETS 7650 sv.—51-4 5u.te{w of-WVkft canrw.cr F75Fi MNS 2 C¢7r)7d7-d;Pr rrrmarea+n Lh(iAL DESCRIPTION AND DEPICTION OF SURFACE 4877-5650-6677.40 PROPERTY 378683.00002/2-23-26/amc/mrf -4- Page 311 EXHIBIT 'B-3 ' APN TYPE OF ESTATE AREA 0209-272-22 FEE PARCEL C TOTAL: 363 -'F PARCEL D TOTAL: 499 SF LWE TABLE LINE TABLE No. REARING DISTANCE NO. BEAR)IVG DISTANCE L 1 500 2950'E 50.00' L21 N90 00'00 E 32.61' L2 S894355'W 30.00' L22 SOD-00 00'E 75.32' L3 S894355'W 12.83' L23 N8953'05"W 32.64' L4 IV90'00'00"VY 11-14, L24 N0006'55'E 15.25' L5 N90'00'00"W 15.75' L6 SOO'QQ'OQ'E 3¢.50' APN: 0209-272-22 POINTT;A""4 L7 S89:53'05'E 15-75' 1 — i rs N90170'd0"E 159-64' - 1 L8 N90'00'00"W 16-42' 1 Lrs i Lis L 9 500'00'00'E 12.08' j PARCEL C j Lr9 PARCEL C 07 L 70 N00 00'00 E 13.41' I I L 11 N89 53'05"W 25-33' 1 L I S I I I L 12 N90'00'00"W 62,QO' 1 EXCEP770/V AREA 1 DETAIL APN: 0209-272-22 L1,3 N90VO'00"E 61.42' L - L14 N90Y10'00'E 86.94' poc r————— — APN: 0209-272-22 ———— L15 300'00'00'E 7.42' - 7s9.s4' L14 L 16 N90'00'00 E 25.T 7' 1 i L2I 1 POS L17 S0*0 '55 IN 1Jr. 1 PARCELO 1 L 24 PARCEL C i 22 L 18 N89'53'05"W 25.14' I I L19 NOO'00'00 E 15.21 L23 1 L20 SOO 00'OO E 7 42' 1 E -ON AREA L n€rarL------ aPN:-0z��209-2=z72=za _ J CITY OF RANCHO CUCAllONGA AZOSA COURT ---- COVNTY OF SAN sERNAROINC) L EOEND THIS PLAT WAS PREPARED ® indicates area to be excepted UNDER MY DIRECRON SEAN u. SMITH POC Point of Commencement * Hc. 9233 POS Paint of Beginning V21I2025y � SCE Southern Gotrtormo Edison SEA M SMI FH, PL 8233 DATE afi C Ak��p4 SF Squore Feet FEET a 50 100 260 400 PREPARED 8Y. PREPARED SCALE SHEET NO- TOTAL r7 P 0 M AS PY SHEETS 163Q Arwsdl• :.4., MNS Y..—70G 2 LEGAL DESCRIPTION AND DEPICTION OF SURFACE 4877-5650-6677.40 PROPERTY 378683.00002/2-23-26iamcimrf -5- Page 312 EXHIBIT ' B-4' APN TYPE OF €STA T€ AREA 0208-272-22 FEE TOTAL: N/A 5f A ON��i1R�A AIRSPFEE a.A~~ PI NO 5 D .4 G�GpEN�� Fo IN .� ��� R .,-. PFo >1 k4 RIO PC,• 6 y / 1 f f J � I AREA DESCRIBED IN "A-1" HORIZONTAL PLANE 8' ABOVE HIGHEST GROUND SURFACE ELEVATION WITHIN PROPERTY DESCRIBED IN "A-1" S' AREA DESCRIBED IN "13-1" GROUND SURFACE WITHIN AREA DESCRIBED IN 1.A-1" PROPERTY DESCRIBED IN "A-1" AIR SPACE RESERVATMN PROFILE DETAIL CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO PRfPARfD BY.• PREPARED SCALE Sr±EET.A10. TOTAL P S 0 M A S 8Y SHEETS :w .=tr,.f. ,w A. C.M_"507 d1NS NIA t a fASl7]B 7-B}Yf MA.p.10TORGM! LEGAL DESCRIPTION AND DEPICTION OF SURFACE 4877-5650-6677.40 PROPERTY 378683.00002/2-23-26iamcimrf -6- Page 313 EXHIBIT C LEGAL DESCRIPTION AND DEPICTION OF TRANSIT PROPERTY APN: 0209-272-11 & 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California,filed in Book 177,pages 90 through 96, inclusive,of Parcel Maps,in the Office of the Cotnnty Recorder of said County, together with that portion of the land described as Rancho Cucamonga Metrolink Station Phase I. in the Grant Deed recorded October 06, 1994,as Document No. 1994-0409793,of Official Records of said County, described as follows: All that portion of said Parcel 15,together with all that portion of said Rancho Cucamonga Metrolink Station Phase I; Excepting therefrom that portion lying casterly of the following described line: Commencing at the northeast corner of Section 13,of Touuship 1 South. Range 7 West, San Bernardino Meridian.as shown on said Parcel Map: Thence along the easterly line of said Section 13, South 00°29'50"East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase L Thence along said easterly prolongation of said northerly line South 891143'55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase L Thence continuing along saidnortherly line South 891,43'55 West 359.10 feet to the Point of Beginning; Thence South 00"10'37"East 569.98 feet to the southerly line of said Parcel 15, also being the Paint of Terminus_ Parcel contains 227,529 square feet.more or less. The bearings and distances used in the above description are based on the California Coordinate System of 1983,(CCS83).Zone 5,2010.00 epoch.Divide distances shown by 0.9999392898 to obtain ground distance. See Exhibit `C-2' attached hereto and made a part hereof. haze:of 2 4877-5650-6677.40 EXHIBIT C 378683.00002/2-23-26iamcimrf-I- Page 314 This real property description has been prepared by me. or under my direction. in conformance with the Professional Land Siuveyor's Act (Bus. & Prof. Cade §8700). LAND c Scan M. Smith o Q � No. 82 33 OF CAS` Signature: �j;:: i Sean N1. Smith, PLS 8233 Date: 7/21/2025 EXHIBIT ' C-2 ' APN TYPE OF ESTATE AREA 0209-272—l1 & EASEMENT 227,529 SF 0209-272-22 R/W POC NOR TNERLY LINE RANCHO CUCAMONCA NORTHEAST METROLINK STATION PHASE 1 APN: 0209—f43-21 COR. SEC 13 PER DOC. NO. 1994-04 0 9 793, O.R. L1 RFC, 1010611994 POB L2 Rom' S89'43'55'W 359.09' NORTHEASTERLY CORNER PHASE 1 APN: 0209-272-1f DOC NO. 1994-040979J O.R. j RFC. ;0/06/7994 Z APN.' 0209-272-22 � SEC 1.3 3 T IS. R.7W. m a S.B.M. EA S w RN�31NE � 1 o d \ N pp �O PARCE,t�@177�� 196547 LINE TABLE R, 0 NO. REARING DISTANCE \ Li SOO29.50 E 50.00" 30 L2 S89 43'55"W 30.00' SOUTHERLY LINE w CITY OF RANCHO CUCAMONGA POT PARCEL 15 COUNTY OFF SAN BERNARDINO LEGEND THIS PLAT WAS PREPARED AZUSA COURT UNDER MY D1REC80N fl ® Indicates area of Grantor's Property r SE AN M. SMITH POC Paint of Commencement 7t �; 7/2 1 12 02 5 No. 8233 P08 Point of Beginning SEAN M. SMITH. PLS 8233 DATE POT Point of Terminus Sr Square Feet OP CAL�4 R/W Right—af--Way FEET 0 75 150 300 450 LINE TABLE PREPARFO 9Y, PREPARED SCALE SHEET NO, TOTAL N0. BEARING DISTANCE P S ® M A S 8Y SHEETS L! 50029"50 E 5F 0' 'aw sower simr,z"n rc» L2 I S89 43 55"W A«.raa cerrre.,b azsor TXR 1"-150, Y 1 LEGAL DESCRIPTION AND DEPICTION OF TRANSIT 4877-5650-6677.40 PROPERTY 378683.00002i2-23-26/amp/mrf -2- Page 315 EXHIBIT D LEGAL DESCRIPTION AND DEPICTION OF PUDO APN: 0209-272-11 & 0209-272-22 That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in Book 177, pages 90 through 96, inclusive of Parcel Maps, in the Office of the County Recorder of said County. together with a portion of the land described as Rancho Cucamonga Metrolinnk Station Phase I.in the Grant Deed recorded October 06, 1994, as Doctunent No. 1994-049793. of Official Records of said County. described as follows: Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West. San Bernardino Meridian, as shown on said Parcel Map; Thence along the easterly line of said Section 13. South 00029'50 East 50.00 feet to the intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station Phase I; Thence along said easterly prolongation line South 89043'55 West 30.00 feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I; Thence along said northerly line South 89143'55 Nest 359.09 feet to the westerly line of the land described in Grant Deed Document No. . recorded on . in said office of the County Recorder of said County, Thence leaving said northerly line and alone said westerly line South 00010'37 East 45.67 feet to the Paint of Beginning: Thence along said westerly line South 00110'37 East 524.31 feet to the beginning of a non-tangent curve,concave northeasterly,having a radius of 117.00 feet: a radial line to said point bears South 29120'04" West, said point also being on the northeasterly Right- of-Way line of Azusa Court as shown on said Parcel Map; Thence leaving said westerly line northwesterly along said northeasterly line and last- mentioned curve through a central angle of 131134'21"an arc length of 27.72 feet: Thence along said northeasterly line North 47005'35"West 167.00 feet to the begim7ing of a tangent curve. concave northeasterly, having a radius 89.00 feet: 4877-5650-6677.40 EXHIBIT D 378683.00002i2-23-26/amc/mrf -I- Page 316 Thence northwesterly along said northeasterly line and last-mentioned cluy.e through a central angle of 161126'21",an arc length of 25.54 feet; Thence along said northeasterly line North 301139'16"West 45.16 feet; Thence leaving said northeasterly line of North 001,04'24" East 329.04 feet; Thence North 87054'53"East 181.73 feet to the Point of Beginning: Parcel contains 79,965 square feet.more or less. See Exhibits �D-1' attached hereto and made a part hereof. This real property description has been prepared by me. or raider my direction, in conformance with the Professional Land Surveyor's Act (Bus. & Prof. Cade §8700). �y LMD �G`, Signahlre: r tL d $van U Smith Sean M. Smith. PLS 9233 Date: 7/21/2025 rr . 8236 Page DESCRIPTION AND DEPICTION OF 4877-5650-6677.40 PUDO 378683.00002i2-23-26/amc/mrf -2- Page 317 EXHIBIT 'D-2' APN TYPE OF ESTATE AREA 0209-272- 0209-272-11 RUDO EASEMENT TOTAL- 79,965 5F POC NORTHERLY L(NE RANCHO CUCAMONGA A T&SF FAR PARCEL MAP 11y��0.I4f347 NE COR. ME77dOLlNlC STATION PHASE 1 APN• 0209-14 -21 PER P.M. l77/'95 SEC 13 PER DOC. NO. 94-04 09 79 3, O.R., NE COR. LI _ _ RFC. 1010611994 PHASE I L2 I-Rfw Rfl6+� -- -- S89'43'WW 359.09- - - APN: 0209-272-11 S00'10'37"E 45.67' N87'54'53"E 181.73' Pf78 I I 0iv CURVE TABLE I � �01 CURVE NO. RADIUS DELTA LENGTH CI 11700 T33427" 27.72' " 4 o C2 89.00 1626'21" 25-54' Z W q APN.• 0209-272-22 '30' WESTERL Y o n C a CORNER OF N WESTERL Y LINE OF GRANT DEED PARCEL 15 n DOCUMENT NO. I I Q W RECORDED ON . IN SAID OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. \ PARDEL 16 NORTHWESTERLY o LINE PARCEL 75 In PAROEL MAP No, 14647 P.M. z LINE TABLE = "� N30'39'141"W LIN€ NO. OIR€CT70N L€NG7H I 45. 6' 1 C2 g(3 L 1 S00 29 50"E 50.00' w I 4J f 7 0 a-+ L2 589-43'55"W 3O.00' 6, SEC 13 's_> SODTHERL Y LINE T IS. R.7W, �• � PARCEL 15 S.B.M. Cl USA CITY OF RANCHO CUCAMONGAZ CCCfRT ��' L COUNTY OF SAN BERNARDINO THIS PLAT WAS PREPARED s� LEGEND UNDER MY DIREC77ON sEnN M. sMlni � * No.8233 ® Mdicafes area to be described 7/2112025 POC Palm of Commencemen f 9� PO8 Polnt of Beglrrning SEAN M. SMITH,, PLS B233 DATE � OF C AL.�' Q SCE Southern Califomlo Edison FEET 0 50 700 200 400 SF Square Feet PREPARED By- PREPARED SCALE SHEET NO. TOTAL P S V M A 5 it Y SHEETS i650 Spear 31.4 Sint!400 Ri'�ydr.C..OR Aa 925D7 I00' I 1 (9 WVY-d421 Iwwjp o ..s LEGAL DESCRIPTION AND DEPICTION OF 4877-5650-6677.40 PUDO 378683.00002/2-23-26iamcimrf -3- Page 318 TABLE OF CONTENTS Page 1. DEFINITIONS..................................................................................................................2 1.1 Agreement.............................................................................................................3 1.2 City........................................................................................................................3 1.3 Developer Permittee..............................................................................................3 1.4 DDA......................................................................................................................3 1.5 HSR Station...........................................................................................................3 1.6 Metrolink...............................................................................................................3 1.7 Official Records ....................................................................................................3 1.8 Party ......................................................................................................................3 1.9 Permittee................................................................................................................3 1.10 Properties...............................................................................................................3 1.11 PUDO....................................................................................................................3 1.12 Public Agencies Permittee ....................................................................................4 1.13 San Gabriel Subdivision Lease Agreement...........................................................4 1.14 SBCTA..................................................................................................................4 1.15 Station Property.....................................................................................................4 1.16 Surface Property....................................................................................................4 1.17 Transit Center........................................................................................................4 2. USE RESTRICTIONS......................................................................................................4 2.1 Use Restrictions.....................................................................................................4 2.2 Maintenance and Security.....................................................................................4 3. MAINTENANCE AND OPERATIONAL OBLIGATIONS...........................................5 3.1 Maintenance and Repair........................................................................................5 3.2 Cooperation...........................................................................................................6 3.3 Operation of HSR Station.....................................................................................6 3.4 Modifications After Initial Construction...............................................................6 3.5 Operation of PUDO...............................................................................................6 4. EASEMENTS ...................................................................................................................7 4.1 Easements for the Benefit of the Surface Property...............................................7 4.2 Easements for the Benefit of the Station Property................................................8 5. INSURANCE..................................................................................................................13 5.1 Public Agency Insurance Requirements .............................................................13 5.2 Developer Insurance Requirements ....................................................................13 5.3 Insurance During Construction...........................................................................14 5.4 General Insurance Requirements ........................................................................18 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf Page 319 Page 5.5 Coverage Amounts..............................................................................................20 6. INDEMNITY..................................................................................................................20 6.1 Indemnity ............................................................................................................20 6.2 General Provisions ..............................................................................................20 7. ENFORCEMENT AND REMEDIES.............................................................................20 8. APPROVALS AND DISPUTE RESOLUTION............................................................21 8.1 Meet and Confer..................................................................................................21 8.2 Costs....................................................................................................................21 9. REVERSIONARY RIGHT.............................................................................................21 9.1 Reversionary Right..............................................................................................21 10. RIGHT OF FIRST NEGOTIATION ..............................................................................21 10.1 First Negotiation..................................................................................................21 11. TRAFFIC SIGNAL IMPROVEMENTS AND MAINTENANCE/REPAIR.................22 11.1 Azusa Court/Milliken Avenue Intersection.........................................................23 11.2 Milliken Avenue/Station Property Driveway......................................................23 11.3 Anaheim Place/Azusa Court Intersection and Azusa Court/Surface PropertyDriveway..............................................................................................23 11.4 Permitting Process for Traffic Improvements.....................................................23 12. USE OF CITY-OWNED PROPERTY...........................................................................24 13. PUBLIC ART..................................................................................................................24 14. MISCELLANEOUS .......................................................................................................24 14.1 Notices.................................................................................................................25 14.2 Interpretation.......................................................................................................25 14.3 Entire Agreement................................................................................................25 14.4 Amendments........................................................................................................25 14.5 Remedies Cumulative .........................................................................................26 14.6 Covenants Running with Land............................................................................26 14.7 Recordation; Effective Date................................................................................26 14.8 Estoppel Certificate.............................................................................................26 14.9 Mechanics' Liens ................................................................................................26 14.10 Duration...............................................................................................................26 14.11 Severability..........................................................................................................27 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf (ii) Page 320 Page 14.12 Governmental Powers.........................................................................................27 14.13 Force Majeure .....................................................................................................27 14.14 Effect of Agreement; Binding Covenants; Equitable Servitudes........................27 14.15 Time of Essence..................................................................................................27 14.16 City Manager Authority......................................................................................27 4877-5650-6677.40 378683.00002/2-23-26/amc/mrf Page 321 qw-_00r= $ CITY OF RANCHO CUCAMONGA DATE: March 4, 2026 TO: Mayor and Members of the City Council FROM: Elisa C. Cox, City Manager INITIATED BY: Peter Castro, Deputy City Manager Jason C. Welday, Director of Engineering/City Engineer Ulises Benavente, Associate Engineer SUBJECT: Consideration to Approve an Improvement Agreement and Improvement Securities for Public Improvements, Order the Annexation to Landscape Maintenance District No. 1, and Approve a Memorandum of License Agreement Between the City of Rancho Cucamonga and 8500 Haven, LLC for a Three Foot Non-Exclusive Revocable Encroachment Into an Existing Ten-Foot Public Sidewalk Easement Related to Case No. DRC2021-00200, Located on the Southwest Corner of Haven Avenue and Arrow Route. (RESOLUTION NO. 2026-010) (CITY) RECOMMENDATION: Staff recommends the City Council: 1. Approve the Improvement Agreement for the related public improvements and authorize the Mayor and the City Clerk to sign said Agreement; 2. Accept security in the form of cash deposit for completion of the related public improvements; 3. Approve the plans and specifications for the related public improvements on file with the City Engineer; 4. Adopt the attached resolution ordering the annexation to Landscape Maintenance District No. 1; and 5. Approve the Memorandum of License Agreement between the City of Rancho Cucamonga and 8500 Haven, LLC for a maximum three (3) foot non-exclusive revocable encroachment into an existing ten (10) foot wide public sidewalk easement and authorize the Mayor and the City Clerk to sign and record said Agreement. BACKGROUND: On June 22, 2022, the Planning Commission approved Case No. DRC2021-00200 for a mixed- use development comprised of 248 apartments and 23,750 square feet of commercial space on a vacant site located at the southwest corner of Haven Avenue and Arrow Route. The project was approved with the condition that certain public improvements be constructed including a new slip lane with a protected bike lane, curbside parking, sidewalk, street lighting, traffic signal modifications, and landscaping along the west side of Haven Avenue and new sidewalk, curb and gutter, street lighting, and landscaping along the south side of Arrow Route. Page 322 The project was also conditioned to enter into a license agreement with the City for a maximum three (3) foot non-exclusive revocable encroachment of various structures installed within an existing ten (10) foot wide public sidewalk easement. The various structures encroaching the public easement include planters, planter walls, planter drainage, retaining walls concrete steps, handrails, raised deck, and support piers for deck. ANALYSIS: The applicant, 8500 Haven, LLC, has submitted an Improvement Agreement and the security to guarantee construction of the off-site public improvements in the following amount: Faithful Performance Cash Deposit $647,600 The Memorandum of License Agreement between the City of Rancho Cucamonga and 8500 Haven, LLC submitted by the applicant establishes the scope of use of the encroachment, maintenance and operation responsibilities of the private owner, accessibility for public utility companies to access their utilities, and other conditions described on the agreement. The proposed improvements have been reviewed for consistency with the approved site plan and align with the intended design and layout of the development. These modifications do not alter or interfere with any existing or planned public improvements within the public right-of-way. As a result, the proposed improvements are expected to maintain compliance with applicable standards and will not create additional impacts on public facilities or services. Approval of these items by the City Council would allow for the execution of the Improvement Agreement, acceptance of the security for the construction of certain public improvements, adoption of the attached resolution ordering the annexation to Landscape Maintenance District No. 1, and approval of the Memorandum of License Agreement and permit its recordation. Copies of the Improvement Agreement and annexation form are on file in the City Clerk's office. ENVIRONMENTAL ANALYSIS: Pursuant to the California Environmental Act (CEQA) and the City's local CEQA Guidelines, a CEQA Guidelines Section 15183 Compliance Memorandum dated June 6, 2022, was prepared and the Planning Commission found that there was no substantial evidence that the project would have a significant effect upon the environment. Based on the findings contained in the memorandum, it was concluded that the project is within the scope of the Environmental Impact Report (EIR) (SCH No. 2021050261) adopted and certified as part of the City's General Plan (GPU) on December 15, 2021. The project will not have one (1) or more significant effects not discussed in the GPU EIR, nor have more severe effects than previously analyzed, and additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. FISCAL IMPACT: The proposed annexation would supply additional annual revenue into the landscape maintenance district in the following amount: Landscape Maintenance District No. 1: $11,434.04 The applicant will be installing fourteen (14) new street trees that will be maintained by the City. COUNCIL MISSION /VISION /VALUE(S) ADDRESSED: Page 2 Page 323 This item addresses the City Council's vision to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive through the construction of high-quality public improvements. ATTACHMENTS: Attachment 1 —Vicinity Map Attachment 2 — Resolution Ordering Annexation LMD No. 1 Attachment 3 — Memorandum of License Agreement Page 3 Page 324 ATTACHMENT #1 Case No. DRC2021-00200 a' a' Arrow Rte z z r O m V Plumeria t x x Vicinity Map N NOT TO SCALE Page 325 RESOLUTION NO. 2026-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR PROJECT CASE NO. DRC2021-00200 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Landscape Maintenance District No. 1 (General City) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. 2026-XXX— Page 1 of 6 ATTACHMENT 2 Page 326 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable of the Territory. Resolution No. 2026-XXX— Page 2 of 6 Page 327 PASSED, APPROVED, AND ADOPTED this day of 2026. Resolution No. 2026-XXX— Page 3 of 6 Page 328 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: 8500 Haven, LLC The legal description of the Property is: LOT 3 OF TRACT MAP NO. 16909 IN THE CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 331 PAGES 50-53 INCLUSIVE OF MAPS. Assessor's Parcels Numbers of the Property: 0209-092-16-0000 Resolution No. 2026-XXX— Page 4 of 6 Page 329 Exhibit B Description of the District Improvements Fiscal Year 2025/26 Landscape Maintenance District No. 1 (General City): Landscape Maintenance District No. 1 (General City) (the "Maintenance District") represents various landscaped areas, parks and community trails located at various sites throughout the City. These sites consist of several non-contiguous areas throughout the City. As such, the parcels within this District do not represent a distinct district area as do the other LMD's within the City. Typically, new parcels within this District have been annexed upon development. The various sites maintained by the District consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park. Proposed additions to the Improvements for Project Case No. DRC2021-00200: Installation of fourteen (14) street trees. Resolution No. 2026-XXX— Page 5 of 6 Page 330 Exhibit C Proposed Annual Assessment Fiscal Year 2025/26 Landscape Maintenance District No.1 (General City): The rate per Equivalent Benefit Unit (EBU) is $92.21 for the fiscal year 2025/26. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City) for DRC2021-00200: EBU* Rate per Land Use Basis Factor EBU* Single Family Residential Parcel 1.00 $92.21 Multi-Family Residential Unit 0.50 $92.21 Non-Residential Acre 2.00 $92.21 The proposed annual assessment for the property described in Exhibit A is as follows: 248 Units x 0.50 EBU Factor x $92.21 Rate per EBU = $11,434.04 Annual Assessment Resolution No. 2026-XXX— Page 6 of 6 Page 331 RECORDING REQUESTED BY: City of Rancho Cucamonga, a municipal corporation AND WHEN RECORDED RETURN TO: City of Rancho Cucamonga Attention: City Clerk 10500 Civic Center Drive Rancho Cucamonga, CA 91730 SPACE ABOVE THIS LINE FOR RECORDER'S USE APNS: 209-092-09 & 0209-092-13 [X] Portions This Instrument is for the benefit of the City of Rancho Cucamonga and is exempt from Recording Fees(Govt. Code §27383),Filing Fees(Govt. Code§6103), and Documentary Transfer Tax(Rev. & Tax Code§11992). MEMORANDUM OF LICENSE AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA AND 8500 HAVEN LLC IN CONNECTION WITH THE DESIGN REVIEW DRC2021-00200 AND MINOR EXCEPTION DRC2022-00232. This Memorandum of License Agreement Between City of Rancho Cucamonga and 8500 Haven LLC is entered into by and between the City of Rancho Cucamonga ("City") and 8500 Haven LLC ("Owner"), and constitutes an agreement to authorize the grant of a non-exclusive revocable license to allow Owner a maximum 3-foot encroachment into an existing 10-foot wide public sidewalk easement. The City and Owner are referred to below collectively as the"Parties". The Agreement is effective on the date it is fully executed by the Parties("Effective Date"). 1. Premises. The purpose of the License Agreement is to allow a maximum 3-foot encroachment into an existing 10-foot wide public sidewalk easement. The Licensed Premises is described more particularly in EXHIBIT"A"and roughly depicted on EXHIBIT"B"hereto. The encroachment is for the sole purpose set forth in Paragraph 3 below. 2. Term. The term of the License Agreement is from the Effective Date of the Agreement ("Commencement Date") until the date said Agreement is terminated by City. City has the right to terminate the License Agreement at its sole discretion. Pursuant to the License Agreement, City shall have the right to terminate the Agreement and Owner's right to use the Licensed Premises by providing to Owner sixty(60) days written notice of termination. Owner's right to use the Licensed Premises will terminate sixty(60) days from the date of said termination 1 notice("Termination Date"). 4- 11231-000 R2931152v2.doc 3. Other Terms and Conditions. Owner may use the Licensed Premises solely for the purpose of the placement of planters,planter walls,planter drainage,retaining walls, concrete steps, handrails, raised deck, support piers for deck and additional items that are related to these structures, in connection with development and operation of the Project. Owner is solely responsible for the costs of installation, maintenance, repair, and operation of all such improvements placed by Owner in the area comprising the Licensed Premise pursuant to the Agreement. Any structures encroaching into the Licensed Premises shall maintain a minimum 1 foot clearance to the edge of the existing utility duct bank. Any retaining wall for the upper sidewalk/patio areas shall extend down below the depth of the duct bank to ensure that no additional load is placed on the duct bank. Any retaining walls for the planter areas shall utilize an "L" type footing (0 inch/flush toe dimension) with proper drainage facilities to allow landscaping to drain properly. Further, the License Agreement contains certain provisions regarding the obligations of Owner at the end of the term. 4. No Rea!Property Interest. The License Agreement does not grant or convey any easement, lese, fee or other real property interest to Owner with respect to the Licensed Premises. 5. Purpose of Memorandum of License Agreement. This Memorandum of License Agreement is prepared for the purpose of recordation to provide notice of said License Agreement, and it in no way modifies the provisions of the License Agreement referred to herein. IN WITNESS WHEREOF,the Parties hereto have executed this Memorandum of License Agreement as of the date set forth below. I _ _ 11231-000112931 152v2.doc Owner 8500 HAVEN LLC By: Dated: Title: 1" ���� [.✓ City City of Rancho Cucamonga Dated: By: L. Dennis Michael, City Mayor ATTEST: By: .... -.-- - Janice C. Reynolds, City Clerk APPROVED AS TO FORM: By: Nicholas Ghirelli, City Attorney 11231-000112931152v2.doc CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 9 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of U6 l M` . .� __ ___ I On . -t cJd� . .-....... before me, C!JvleL �kZ u c5#eJ Date ,Here Insert Name and Title of the Officer personally appeared .. 1+11s f'AN Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing GABRIELA RUIZ paragraph is true and correct. COMM.02441920 WTARYKNUC Loss couNry m WITNESS hand and official seal. Y Co MV-21.2027 Signature, Place Notary Seat andlor Stamp Above Signature of Notary Pu is --- OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: _ Signer is Representing: Signer is Representing: C-2019 National Notary Association LICENSE AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA AND 8500 HAVEN LLC (APNS 0209-092-09 & 0209-092-13) This LICENSE AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA AND 8500 HAVEN LLC (APNS 0209-092-09 & 0209-092-13) ("Agreement") is hereby made as of 4nx S, 2024 by the City of Rancho Cucamonga, a municipal corporation ("City" Or "Licensor")and 8500 HAVEN LLC ("Licensee"). Licensor and Licensee are at times referred to herein individually as a Party, and collectively as the Parties. The Agreement is effective on the date it is fully-executed by the Parties ("Effective Date"). RECITALS A. Licensee is the applicant and developer for a mixed-use development consisting of 248 residential apartment dwelling units and 23,750 square feet of commercial space on a vacant parcel roughly 9.37 acres in size (APNs 0209-092-09, -13) ("Site") in the City of Rancho Cucamonga as approved by the City on June 22, 2022 as Design Review DRC2021-00200 and Minor Exception DRC2022-00232 ("Project"). B. In connection with the Project, the City is willing to grant to Licensee a non- exclusive revocable license to allow Licensee a maximum 3-foot encroachment into an existing 10-foot wide public sidewalk easement along Haven Avenue as shown on Exhibits A and B ("Licensed Premises"). C. Licensor and Licensee agree to enter this Agreement to outline the terms and conditions under which the encroachment is permitted on the Licensed Premises. A memorandum, in the form acceptable to the City shall be recorded in the County of San Bernardino to provide notice of this Agreement. This Agreement shall run with the land and as such will automatically transfer to and benefit any successor owner of the Site for the term of the Agreement. NOW, THEREFORE, in consideration of the foregoing, the Licensee and Licensor hereby agree as follows: 1. License; Scope of Use. Licensee may use the Licensed Premises solely for the purpose of the placement of planters, planter walls, planter drainage, retaining walls, concrete steps, handrails, raised deck, support piers for deck and additional items that are related to these structures, in connection with development and operation of the Project. Licensee is solely responsible for the costs of installation, maintenance, repair, and operation of all such improvements placed by Licensee in the area comprising the Licensed Premise pursuant to this Agreement. Any structures encroaching into the Licensed Premises shall maintain a minimum 1 foot clearance to the edge of the existing utility duct bank. Any retaining wall for the upper sidewalk/patio areas shall extend down below the depth of the duct bank to ensure that no additional load is placed on the duct bank. Any retaining walls for the planter areas shall utilize an "L" type footing (0 inch/flush toe dimension) with proper drainage facilities to allow landscaping to drain properly. 2. Licensor Access and Access for Public Utilities. The Licensor retains the right Error?Unknown document property License Agreement name./I 1231-0267 28690710 Page 1 of 7 to access the Licensed Premises when required for maintenance, repair or replacement of any Licensor property. Licensee also agrees and acknowledges that utility companies may need to access their facilities located in the area comprising the Licensed Premises for repair and maintenance. Licensee expressly agrees and acknowledges that Licensee shall remove and replace, at its sole cost and expense, Licensee's private improvements constructed in the area comprising the Licensed Premises if such removal and or replacement is required to allow Licensor and/or utility companies to access, maintain, repair or replace underground infrastructure or utilities located within Licensor's right of way. 3. Liens. With regard to any work that may be performed by or on behalf of Licensee in the area comprising the Licensed Premises under this Agreement,Licensee shall not permit any liens, including, without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, mechanics,or other liens of any kind or nature("Liens")to be filed or enforced against the Licensed Premises in connection with this Agreement. Licensee shall indemnify, defend and hold harmless Licensor from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. Licensor reserves the right,at Licensor's sole cost and expense, at any time and from time to time,to post and maintain on the Licensed Premises, or any portion thereof, or on the improvements on the Licensed Premises, any notices of non-responsibility or other notice as may be desirable to protect Licensor against liability. 4. Indemnification. The maintenance and operation of the private improvements within the Licensed Premises will be the sole responsibility of Licensee. Licensee hereby agrees to indemnify, defend, assume all liability for and hold harmless the Licensor and its councilmembers, officers, employees, agents, and representatives (collectively, the "Indemnified Parties") from all actions, claims, suits, penalties, obligations, liabilities, damages to property, claims or injuries to persons(collectively,"Claims"),which arise out of the Licensee's possession and/or use of the Licensed Premises. S. Term. This Agreement shall be effective from the Effective Date and shall remain in effect with no time limit unless and until terminated by the Licensor. Licensee expressly acknowledges that Licensor has the right to terminate this Agreement at its sole discretion. Licensee also expressly acknowledges that Licensor may need to make use of the right of way comprising the Licensed Premises for public use. Accordingly, Licensor shall have the right to terminate the Agreement and Licensee's right to use the Licensed Premises by providing to Licensee sixty (60) days written notice of termination. Licensee's right to use the Licensed Premises will terminate sixty (60) days from the date of said termination notice ("Termination Date"). 6. Licensee's Obligations at End of Term. Licensee agrees that as of the Termination Date, Licensee will remove, at its sole cost and expense, the improvements that Licensee constructed in the area comprising the Licensed Premises. Licensee shall also repair to City standards any sidewalk or other public improvements that are located in the area comprising the Licensed Premises that are damaged as a result of Licensee's use of the Licensed Premises and/or removal of the improvements placed by Licensee in said area. Licensee also agrees to take such actions in cooperation with Lessor as reasonably necessary to evidence and give effect to the termination of this Agreement and Licensee's rights to use the Licensed Premises under this Error!Unknown document property License Agreement name./1 1 23 1-0267 2969071v2 Page 2 of 7 Agreement. 7. No Real Property Interest. Although the Parties intend this revocable license granted by this Agreement to run with the land,it is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Licensed Premises to the Licensee and/or its successors and assigns. 8. Assignment. Licensee shall not assign this Agreement without the prior written consent of the Licensor, but it shall automatically transfer to any subsequent owner of the Site. 9. Non-Exclusive Rights. The rights of Licensee to use the Licensed Premises is not an exclusive right. Licensor reserves the right, without obtaining written consent from Licensee, to grant or dedicate any right of access or easements on, under or over the Licensed Premises that do not unreasonably conflict with Licensee's use of the License Premises. 10. Governing Law. This Agreement shall be interpreted under the laws of the State of California. 11. Independent Legal Counsel. Each of the Parties represents and warrants that, in connection with the negotiation and execution of this Agreement, it has been represented by independent counsel of its own choosing, or has chosen not to retain counsel, that it has executed this Agreement after receiving the advice of such independent counsel, that it has read and understands the provisions and terms of this Agreement, and that it has had an adequate opportunity to conduct an independent investigation of all facts and circumstances with respect to all matters that are the subject of this Agreement. Licensor and Licensee each further represent and warrants that each Party did not rely on any legal advice from the other Party in entering into the Agreement. 12. Attorney's Fees. In the event of a dispute between the Parties with respect to the terms or conditions of this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party its actual and reasonable attorneys' fees and costs. 13. Entire Agreement. This Agreement contains the entire agreement of the Parties with regard to the Right of Entry, and supersedes all prior agreements or understandings of the Parties, whether written or oral, regarding the subject matter of the Agreement. This Agreement may not be modified or amended except in writing signed by the Parties. 14. Notice. For all purposes herein, notices shall be effective when personally delivered, delivered by commercial overnight delivery service,sent by certified or registered mail, return receipt requested, or by email as long as the date of receipt is a business day(and if it is not, then on the next succeeding business day)to the appropriate address set forth below: Licensor: City of Rancho Cucamonga Attn: Engineering Services Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Error!Unknown document property License Agreement namtJ11231.0267 2869071v2 Page 3 of 7 With a Copy to: Richards, Watson& Gershon Attn: Nicholas Ghirelli, City Attorney I Civic Center Circle, 2nd Floor Brea, California 92821 nghirelli@rwglaw.com Licensee: 8500 HAVEN LLC Attn: Chris Hyun 14930 Alondra Blvd La Mirada, CA 90638 With a Copy to: Rutan& Tucker, LLP Attn: Alan B. Fenstermacher 18575 Jamboree Road, 9th Floor Irvine, CA 92612 afenstennacher@rutan.com 15. Authority to Execute. The Parties and each person executing this Agreement represent and warrant to one another that the person executing this Agreement on its behalf is a representative duly authorized to bind it and is empowered to enter into this Agreement on its behalf. [Signatures on Following Page] Error!Unknown document properly License Agreement name+11231A267 286407M Page 4 of 7 In WITNESS WHEREOF the parties hereto have executed this Right of Entry the day and year first hereinabove written. LICENSEE 8500 HAVEN LLC By: LICENSOR: CITY OF RANCHO CUCAMONGA By: Attest City Cleric APPROVED AS TO FORM: Nicholas Ghirelli, City Attorney Error!Unknown document property License Agreement "*me/11231-0267 2869071v2 Page 5 of 7 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of US I On before me, Date Here Insert Name and Title of the 6ffker personally appeared -,_ .-. Ch,(�� u+n _ Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the GABRIEL--RUIZ laves of the State of California that the foregoing COW, paragraph is true and correct. NWA"PUBW•CAUFOMM LOS UR�21,2W WITNESS my hand and official seal. Signature Place Notary Seal andlor Stamp Above Signature of Notary blic OPTIONAL — Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: . Document Date:—, Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer—Title(s): ❑ Partner-- ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ ❑ Other: _ Signer is Representing: Signer is Representing: 2019 National Notary Association Page 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION REVOCABLE STRUCTURE ENCROACHMENT EASEMENT A STRIP OF LAND, 3 FEET IN WIDTH, LOCATED WITHIN LOT 3 OF TRACT MAP NO. 16909, 1N THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 331 PAGES 50 THROUGH 53 INCLUSIVE OF MAPS, RECORDS OF COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTHEASTERLY CORNER OF SAID LOT 3, THENCE SOUTH 35040'40" EAST, 17.14 FEET; THENCE LEAVING THE NORTHEASTERLY LINE OF LOT 3,SOUTH 00°19'04"WEST, 107.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00019'04"EAST, 302.65 FEET; THENCE SOUTH 02°19'20"EAST;44.29 FEET; THENCE NORTH 89040'56"EAST,3.00 FEET; THENCE NORTH 02019'20"WEST,44.34 FEET; THENCE NORTH 00°19'04"WEST,302.56 FEET; THENCE SOUTH 89°41'27"EAST,3.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.024 ACRES OR 1,041 SQUARE FEET, MORE OR LESS. SEE EXHIBIT"B"ATTACHED HERETO AND MADE A PART THEREOF. Prepared under my supervision t.AND#G 9,. a LJL 7M OFCIL1. Armando D. DuPont, L.S. 7780 March 15,2024 EXHIBIT "B" SHEET 2 OF 2 P C SEE BELOW LEFT SEE BELOW LEFT SEE BELOW LEFT i I I I s r.POB. 12 I I i I 2? �= 3, 7.1 I F i to I / F i I Z / o j I I I � Ln I OEM / I 01 / 3 � QMgIv °q 134 v / m� s° 7l Lr I A I I 0 10 2 Feet 1 / I Z SCALE BAR 0 a r R. L2 I / SEE RIGHT ABOVE LINE TABLE / LINE # I DIRECTION ILENGTH I I L1 I N8940'56T I J:00' 3' 7'I j LZ N89 4127W 3.oo' I NOTES SEE RIGHT ABOVE / I = R1 = TRACT MAP NO. 169D9, M.B. 331/50-53 I NOTE 1 = WESTERLY RIGHT-OF-WAY LINE OF HAVEN AVENUE 7' DEDICATED PER INSTRUMENT NO. 2024-0056244. RECORDED ���pNb gVA` SEE RIGHT ABOVE MARCH 11, 2024, O.R. ?q� 4��0 E►� NOTE 2 WESTERLY RIGHT-OF-WAY LINE OF HAVEN AVENUE V iN` oyR 0 PER TRACT NO. 16909, M.B. 331/50-53 L.S.7780 LEGEND Date Signed- SCALE: 1"=20' 9 ©ENL170ACMIIENT EAS1�AlENT AREA d'J► 03/1512024 �� — — , —EAMMT LOVE PER RI 9rF�PCAf~► — — —LCM1�E P.0.0 POINT AF GAu{IENCMENT AR DUPONT Pt s 7780 RIMT--6F war T.P.0.8. TRUE P6VNT Of BEAWNING CAL VRDR Job No. 22767 sunw-V1N0, INC. 411 JENKS CIRCLE,SUITE 205,CORONA, CA.92880 PHONE:951-280.9980 FAX:951-2M9746 www.catvada.com qw-_00r= $ CITY OF RANCHO CUCAMONGA DATE: March 4, 2026 TO: Mayor and Members of the City Council FROM: Elisa C. Cox, City Manager INITIATED BY: Peter Castro, Deputy City Manager Jason C. Welday, Director of Engineering Services/City Engineer Christopher Sorensen, Senior Engineer Sarine Hazarshahian, Assistant Engineer SUBJECT: Consideration of a Resolution Approving a Master Agreement for Administration of Federal Grant Funding and Program Supplemental Agreements with the California Department of Transportation, and Authorizing the City Manager, Director of Engineering Services, or Director of Public Works Services Authority to Sign, Approve, and Execute all Current and Future Master Agreements, Program Supplement Agreements, and all Related Documents. (RESOLUTION NO. 2026-009) (CITY) RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution approving the Master Agreement and Program Supplement Agreement with the California Department of Transportation (Caltrans) and authorizing the City Manager, Director of Engineering Services, or Director of Public Works Services authority to sign, approve, and execute all current and future Master Agreements, Program Supplement Agreements, and all related documents. BACKGROUND: In 2024, the City submitted a grant application to the Southern California Association of Governments for the Carbon Reduction Program (CRP) Grant Funding. The application was successful and the City was originally awarded $3,000,000 towards the design of the City Center Boulevards Project. In 2025, the City requested additional funds and was awarded an additional $975,000 bringing the total award to $3,975,000. This project includes complete street elements with improved pedestrian and bicycle facilities, transit stops, and design options for an eventual center running, dedicated transit lane on Foothill Boulevard. Multiway frontage roads are included to accommodate on-street parking, while providing access to key work, retail, and recreation designations along the corridor. ANALYSIS: In addition to a number of policies, administration of State and Federal grant funding under the purview of Caltrans is also governed by Master Agreements and project specific Program Supplement Agreements between Caltrans and grant recipients. Each grant recipient enters into a Master Agreement for each type of funding being granted (i.e., State, Federal, State and Federal, etc.). These Master Agreements remain in effect until superseded by a later version of Page 344 the agreement. Caltrans has updated its Master Agreement for State funding and is requiring that the City execute the new agreement as a condition for receiving CRP funding for this project. Further, Caltrans issues a Program Supplement Agreement for each individual grant award that must also be approved by the City. The Program Supplement Agreement provides project specific details and conditions related to the administration of the project's grant funds. The updated Master Agreement and Project-specific Program Supplement Agreement are attached for reference along with a resolution authorizing their execution for the City Council's consideration. Additionally, the resolution would authorize the City Manager, Director of Engineering Services, or Director of Public Works Services to execute any project related documents as well as future Program Supplement Agreements related to the subject Master Agreement. This authorization would streamline the implementation process for grant funded projects in the future. FISCAL IMPACT: Under the grant award, a total of$3,975,000 will be eligible for reimbursement for the City Center Boulevards Project. This reimbursement requires a minimum local match of $515,000. Funding for $390,000 of the local match has been included in the Fiscal Year 2025/26 Budget from the Transportation Fund (F124). Since the City received additional grant funds, an additional $125,000 will need to be appropriated from the Transportation Fund (F124)to meet the increased local match amount. A request for the additional appropriation will be made at the time a contract award is considered by the City Council. COUNCIL MISSION /VISION /VALUE(S) ADDRESSED: This item addresses the City Council's Core Values by promoting and enhancing a safe and healthy community for all through the design and construction of complete street elements with improved pedestrian and bicycle facilities, and transit stops. ATTACHMENTS: Attachment 1 — Resolution No. 2026-009 Attachment 2 — Master Agreement No. 08-5420F15 Attachment 3— Program Supplement No. F015 Page 2 Page 345 RESOLUTION NO. 2026-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF A MASTER AGREEMENT FOR ADMINISTRATION OF FEDERAL GRANT FUNDING AND PROGRAM SUPPLEMENTAL AGREEMENTS BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, AND AUTHORIZING THE CITY MANAGER, DIRECTOR OF ENGINEERING SERVICES, OR DIRECTOR OF PUBLIC WORKS SERVICES AUTHORITY TO SIGN, APPROVE, AND EXECUTE ALL FUTURE MASTER AGREEMENTS, PROGRAM SUPPLEMENT AGREEMENTS, AND ALL RELATED DOCUMENTS WHEREAS, the City of Rancho Cucamonga is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed; and WHEREAS, the City wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager, Director of Engineering Services, or Director of Public Works Services be authorized to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any amendments thereto with California Department of Transportation. ATTACHMENT 1 Resolution No. 2026-XXX - Page 1 of 2 Page 346 PASSED, APPROVED, and ADOPTED this Xst day of Month, 202X. L. Dennis Michael, Mayor ATTEST: Kim Sevy, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Kim Sevy, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the Xst day of Month, 202X. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this Xnd day of Month, 202X, at Rancho Cucamonga, California. Kim Sevy, City Clerk Resolution No. 2026-XXX - Page 2 of 2 Page 347 MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT FEDERAL-AID PROJECTS 08 City of Rancho Cucamonga -------- ---------------------------------------------- District Administering Agency Agreement No. 08-5420F15 This AGREEMENT, is entered into effective this day of 20 by and between City of Rancho Cucamonga, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY." RECITALS: 1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and 2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal-aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal-aid funds in accordance with the intent of federal law; and 3. WHEREAS, before federal funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project-specific "Authorization/Agreement Summary", herein referred to as "E-76" document, is approved by STATE and the Federal Highway Administration (FHWA). 2. The term "PROJECT", as used herein, means that authorized transportation related project and related activities financed in part with federal-aid funds as more fully- described in an "Authorization/ Agreement Summary" or "Amendment/Modification Page 1 of 22 Page 348 Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by STATE and the Federal Highway Administration (FHWA). 3. The E-76/E-76 (AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT. 4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal-aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 5. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on-going or future federal-aid project performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing. 6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 7. Federal, state and matching funds will not participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project-specific E-76 or E-76 (AMOD). ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE for that phase(s) unless no further federal funds are needed or for those future phase(s). 8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization". 9. ADMINISTERING AGENCY shall conform to all state statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT. 10. If PROJECT is not on STATE-owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide Page 2 of 22 Page 349 design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE"s minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY- approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES. 11. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities. 12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS"&"E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project-specific PROGRAM SUPPLEMENT. 15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT who is not a consultant. 16. ADMINISTERING AGENCY shall submit PROJECT-specific contract award documents to STATE"s District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY. 17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty (180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES. Page 3 of 22 Page 350 18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA. 19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT-related work shall incorporate Exhibits A and B (with third party''s name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY. ARTICLE II - RIGHTS OF WAY 1. No contract for the construction of a federal-aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract. 2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. 3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY''s right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the Page 4 of 22 Page 351 PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. 4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State''s current LOCAL ASSISTANCE PROCEDURES and STATE''s Right-of-Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 5. Whether or not federal-aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non-profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY''s relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT-displaced persons as provided in 49 CFR, Part 24. 6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as appropriate. Page 5 of 22 Page 352 ARTICLE III - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY''s acceptance of the completed federal-aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE''s concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. ARTICLE IV - FISCAL PROVISIONS 1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC). 2. STATE''S financial commitment of federal funds will occur only upon the execution of this AGREEMENT, the authorization of the project-specific E-76 or E-76 (AMOD), the execution of each project-specific PROGRAM SUPPLEMENT, and STATE''s approved finance letter. 3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of participating PROJECT costs on a regular basis once the project-specific PROGRAM Page 6 of 22 Page 353 SUPPLEMENT has been executed by STATE. 4. ADMINISTERING AGENCY agrees, at a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period. 5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. 6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency''s progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. 8. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits ''&'' Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. 9. Once PROJECT has been awarded, STATE reserves the right to de-obligate any excess federal funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD). 10. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. 11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal-aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase. 12. When additional federal-aid funds are not available, ADMINISTERING AGENCY agrees that the payment of federal funds will be limited to the amounts authorized on the PROJECT specific E-76 / E-76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY''s own funds. Page 7 of 22 Page 354 13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds. STATE shall make the determination of ADMINISTERING AGENCY''s cost eligibility for federal fund financing of PROJECT costs. 14. ADMINISTERING AGENCY will reimburse STATE for STATE''s share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE''s costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE. 16. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT. 17. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. 19. ADMINISTERING AGENCY agrees, and will ensure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. 20. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A''&''E services), and other applicable STATE and FEDERAL regulations. 21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. 22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach Page 8 of 22 Page 355 this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal-aid projects. 23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE''s ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY. Page 9 of 22 Page 356 4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds. 5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for AE Consultant Contracts. 6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335- 10381 for other professional service contracts. 7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures. 9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries. ARTICLE VI - MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws. 2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT. 3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE. 5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that Page 10 of 22 Page 357 PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT. 6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT. 10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT. 11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager. Page 11 of 22 Page 358 13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY. 17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE. 18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. Page 12 of 22 Page 359 19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT. 20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer. STATE OF CALIFORNIA City of Rancho Cucamonga DEPARTMENT OF TRANSPORTATION By By Chief, Office of Project Management Oversight Division of Local Assistance City of Rancho Cucamonga Representative Name & Title (Authorized Governing Body Representative) Date Date Page 13 of 22 Page 360 EXHIBIT A FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY''S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by Page 14 of 22 Page 361 ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY''s breach of this Agreement. Page 15 of 22 Page 362 EXHIBIT B NONDISCRIMINATION ASSURANCES ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal-aid Program: 1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal-aid Program and, in adapted form, in all proposals for negotiated agreements: ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively ensure that in any agreement entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award. 3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility Page 16 of 22 Page 363 and facilities operated in connection therewith. 6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property. 7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties: Appendix C; (a) for the subsequent transfer of real property acquired or improved under the federal-aid Program ; and Appendix D; (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program. 8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property. 9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub-grantees, applicants, sub-applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement. 10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. 11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY''S DBE Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Page 17 of 22 Page 364 agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31USC 3801 et seq.) THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants in the federal-aid Highway Program. Page 18 of 22 Page 365 APPENDIX A TO EXHIBIT B During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows: (1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub- applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY''s obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY''s books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY''s noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect Page 19 of 22 Page 366 to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX B TO EXHIBIT B The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns. ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) * (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally-assisted programs of the Page 20 of 22 Page 367 Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.* * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. APPENDIX C TO EXHIBIT B The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Page 21 of 22 Page 368 Rights Act of 1964. APPENDIX D TO EXHIBIT B The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that: (1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.. Page 22 of 22 Page 369 PROGRAM SUPPLEMENT NO. F015 Adv. Project ID Date: February 02, 2026 to 0825000135 Location: 08-SBD-0-RCUC ADMINISTERING AGENCY-STATE AGREEMENT Project Number: CRPL-5420(027) FOR FEDERAL-AID PROJECTS NO 08-5420F15 E.A. Number: Locode: 5420 This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Haven Ave. (Foothill Blvd. to 6th St) & Foothill Blvd. (Haven Ave. to Rochester Blvd.) TYPE OF WORK: Pedestrian and Bike Path LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds Y601 $3,975,000.00 LOCAL OTHER $4,490,003.00 $515,003.00 $0.00 CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA Department of Transportation By By Title Chief, Office of Project Management Oversight Division of Local Assistance Date Attest Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Cn Date 2/2/2026 $3,975,000.00 Program Supplement 08-5420F15-F015- ISTEA Page 1 of 7 Page 370 08-SBD-0-RCUC CRPL-5420(027) SPECIAL COVENANTS OR REMARKS 1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.6 "Award Package" of the Local Assistance Procedures Manual. E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. Program Supplement 08-5420F15-F015- ISTEA Page 2 of 7 Page 371 08-SBD-0-RCUC CRPL-5420(027) SPECIAL COVENANTS OR REMARKS F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. Program Supplement 08-5420F15-F015- ISTEA Page 3 of 7 Page 372 08-SBD-0-RCUC CRPL-5420(027) SPECIAL COVENANTS OR REMARKS 2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT. B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. Program Supplement 08-5420F15-F015- ISTEA Page 4 of 7 Page 373 08-SBD-0-RCUC CRPL-5420(027) SPECIAL COVENANTS OR REMARKS G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system Program Supplement 08-5420F15-F015- ISTEA Page 5 of 7 Page 374 08-SBD-0-RCUC CRPL-5420(027) SPECIAL COVENANTS OR REMARKS of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement. 3. In the event that construction of this project of the initial federal authorization for right of way is not started by the close of the twentieth fiscal year following the fiscal year in which the right of way is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement. Authorizing the ROW phase of a project as Advance Construction does not exempt the project from the provisions of 23 U.S.C. 108(a)(2), and 23 CFR 630.112(c)(1). 4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Pertinent Nondiscrimination Authorities: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Program Supplement 08-5420F15-F015- ISTEA Page 6 of 7 Page 375 08-SBD-0-RCUC CRPL-5420(027) SPECIAL COVENANTS OR REMARKS Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex); D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); K. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Program Supplement 08-5420F15-F015- ISTEA Page 7 of 7 Page 376 CITY OF RANCHO CUCAMONGA DATE: March 4, 2026 TO: Mayor and Members of the City Council FROM: Elisa C. Cox, City Manager INITIATED BY: Mike McCliman, Assistant City Manager/ Fire Chief Shane Adams, Fire Marshal Riley Davis, Emergency Management Coordinator SUBJECT: Consideration of a Resolution Designating Applicant's Agent for Obtaining State Financial Assistance Under the California Disaster Assistance Act. (RESOLUTION NO. 2026-011) (CITY) RECOMMENDATION: Staff recommends that the City Council approve Resolution No. 2026-011 designating City staff to file applications and make assurances with the California Office of Emergency Services (CalOES) for the purposes of obtaining state financial assistance under the California Disaster Assistance Act. BACKGROUND: An extreme windstorm event (the "2025 Severe Wind Event") initially occurred on Tuesday, January 7, 2025, impacting the entire city. The windstorm resulted in power outages, the loss of multiple trees, extensive damage to public roadways and sidewalks, irrigation systems, traffic signals, fencing, block walls and private property. The 2025 Severe Wind Event required the activation of the Emergency Operations Center (EOC) and the Public Works Department Operations Center (DOC). The Public Works DOC received more than 400 service requests in the first 12 hours of the event, which lasted over 24 hours. An extended period of clean up was required as the conditions created were above the normal capabilities and control of the services, personnel, equipment and facilities of the City. The City Manager at the time, acting in his capacity as Director of Emergency Services, proclaimed a state of local emergency on January 8, 2025. During the January 15, 2025, City Council meeting, the City Council adopted Resolution No. 2025-001 ratifying the Director of Emergency Services' proclamation of a local emergency due to the extreme windstorm event. The Resolution established the ability to request State financial assistance under the California Disaster Assistance Act (CDAA) for staff and equipment costs. The initial damage estimate for this incident was $1.2 million in expenses consisting of overtime pay, equipment use and rentals, contract work for debris removal, and repairs to infrastructure. ANALYSIS: On December 29, 2025, CalOES notified the City that CDAA funding has been authorized for the January 2025 Severe Wind Event. In order to submit for funding, the City must adopt a resolution specifically designating City personnel by name and title to file applications and make assurance Page 377 with CaIOES for the purposes of obtaining state financial assistance. Approval of this Resolution will initiate the formal process to obtain financial reimbursements for the emergency eligible expenses incurred by the City during the January 2025 windstorm. Staff recommends that the City Council adopt Resolution No. 2026-011, Designation of Applicants Agents Information. The resolution authorizes the City Manager, Assistant City Manager / Fire Chief, and Emergency Management Coordinator to execute for and on behalf of the City of Rancho Cucamonga, all future applications and to file it with the Cal OES for the purpose of obtaining state financial assistance under the California Disaster Assistance Act. FISCAL IMPACT: The CDAA allows CaIOES to provide financial assistance from the state for costs incurred by local governments as a result of a disaster event. CDAA covers up to 75% of eligible costs, including overtime pay, equipment use and rentals, contract work for debris removal, and repairs to infrastructure. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: The adoption of this resolution encompasses key elements in both the mission and vision statements. By seeking CalOES reimbursements to recover emergency expenses, we are ensuring our community continues its efforts to be sustainable and maintain a high quality of life for all residents. ATTACHMENTS: Attachment 1 — Resolution No.2026-011, Designation of Applicants Agents Information Page 2 Page 378 RESOLUTION NO. 2026-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, DESIGNATING APPLICANT'S AGENTS INFORMATION BE FILED WITH THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING STATE REIMBURSEMENTS DUE TO A DISASTER WHEREAS, the City of Rancho Cucamonga is a public entity established under the laws of the State of California; and WHEREAS, the City of Rancho Cucamonga is subjected to emergency situations that require filing for recovery funding from the Governor's Office of Emergency Services (Cal OES); and WHEREAS, the current Designation of Applicant's Agents for the City of Rancho Cucamonga has expired; and NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby authorizes the City Manager, Assistant City Manager/Fire Chief, and Emergency Management Coordinator, to execute for and on behalf of the City of Rancho Cucamonga, all future applications and to file it with the California Governor's Office of Emergency Services for the purpose of obtaining state financial assistance under the California Disaster Assistance Act. BE IT FURTHER RESOLVED that the City of Rancho Cucamonga, a public entity established under the laws of the State of California, hereby authorizes these applicant's agents to provide the Governor's Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. PASSED, APPROVED, AND ADOPTED this _ day of 202X. Resolution No. 2026-XXX— Page 1 of 1 ATTACHMENT #1 Page 379 qw-_00r= $ CITY OF RANCHO CUCAMONGA DATE: March 4, 2026 TO: Mayor and Members of the City Council FROM: Elisa C. Cox, City Manager INITIATED BY: Peter Castro, Deputy City Manager Jennifer Nakamura, CNU-A, Planning Director Jared Knight, Assistant Planner SUBJECT: Public Hearing for Consideration of an Appeal of the Planning Commission's Decision to Approve a Design Review for the Development of 188 Single-Family Residences Spanning Multiple Pre-Existing Graded Parcels on an Approximately 80-acre Site Within the Low Residential (L) Zone, Located at the Northwest Corner of East and Wilson Avenues. (Tracts 16072-1 and 16072-3) with Exceptions to Specific Lots from Existing Standards. This Project Was Previously Analyzed as Part of the Richland Communities EIR (SCH#2002091053) certified by the City Council on June 16, 2004 and No Subsequent Analysis is Required under the California Environmental Quality Act (CEQA) Section 15162. Appellant: Lozeau Drury LLP on Behalf of Supporters Alliance for Environmental Responsibility ("SAFER"), Project Applicant: Toll Brothers. Case File Number: Design Review DRC2024-00373, Minor Exception DRC2025-00261, Variance DRC2025-00263. (RESOLUTION NO. 2026- 012) (CITY) RECOMMENDATION: Staff recommend the City Council deny the appeal and uphold the Planning Commission's January 14, 2026 resolution of approval of Design Review (DRC2024-00373), Minor Exception (DRC2025-00261), and Variance (DRC2025-00263), for the construction of 188 single-family residences within the previously approved tracts 16072-1 and 16072-3. BACKGROUND: The project site, located northwest of the corner of Wilson Avenue and East Avenue, totals approximately 80 acres and comprises Tracts 16072-1 and 16072-3, which in turn comprises only a portion of a larger 354-lot subdivision which was approved in 2004 (SUBTT16072). Staff notes that an Environmental Impact Report was certified by the City on June 16, 2024 in relation to SUBTT16072, and that this EIR anticipated the future development of the new lots with single- family homes. The final map for SUBTT16072, which includes tracts 16072-1 and 16072-3, was approved by the City Council and recorded at the County in 2023. Grading permits in association with the 2023 final map approval were issued in January 2024. Grading activity for the future public streets and rough grading for the legal lots has already commenced and is nearing completion. Page 380 Also in 2024, two developers (Toll Brothers and Lennar Homes) submitted plans for single-family residential housing product following all necessary grading activity. Working in collaboration, Toll Brothers proposed to develop 188 single-family residences, while Lennar Homes proposed to develop 166 single-family residences within the approved subdivision. On January 14th, 2026, the Planning Commission held a public hearing to consider Toll Brothers' development application for the construction of 188 single-family homes. At that meeting, comments were received by a member of the public living in the vicinity of the project site and raised general concerns regarding the design of the proposed homes compared to those of existing homes in the vicinity. Additionally, one day prior to the public hearing, on January 13tn 2026, staff received a letter from Lozeau-Drury, representing the Supporters Alliance for Environmental Responsibility (SAFER), which challenged Staff's determination that the project was exempt from CEQA and that no further CEQA action was necessary, arguing that a supplemental EIR should be prepared for the project. Specifically, that letter expressed concerns that staff was relying on the original EIR certified in 2004, and asserted that there have been "changed circumstances, new feasible mitigation measures, and new impacts" within the intervening 21 years. Additionally, this letter also suggested that staff had "piecemealed" the project by reviewing the environmental impacts of the Lennar Homes and Toll Brothers portions of the overall project site separately. This letter was provided to the Commission prior to the public hearing, and a representative of Lozeau-Drury was present at the hearing and reiterated the letter's assertations during public comment. After taking public testimony and considering the contents of this letter, the Planning Commission deliberated and voted unanimously to approve the subject applications for Toll Brothers. The City received a timely appeal dated January 21, 2026, from Lozeau Drury of the Planning Commission approval, which is included with the staff report as Attachment 3. ANALYSIS: Similar to the letter received from Lozeau-Drury prior to the Planning Commission public hearing, the subject appeal letter asserts that a supplemental EIR should be prepared for this project. The letter raises general concerns that there have been changed circumstances, new feasible mitigation measures, and new impacts in the intervening 21 years since the original EIR was certified by the City in 2004. Staff notes that the submitted appeal does not include the additional assertation from the original letter that the City has "piecemealed" the project. Staff have previously noted that the proposed project for the construction of 188 single family residences is does not require further environmental review pursuant to CEQA Guidelines Section 15162. For a full discussion on that topic, please refer to the Planning Commission staff report and meeting minutes included with this staff report as Attachment 1. The appellant, Lozeau-Drury, on the other hand, asserts that there have been changed circumstances, new feasible mitigation measures, and new impacts since the EIR was certified in 2004 and that a supplemental EIR is required for this project. In response to the appellant's assertion that a Supplemental EIR is required, staff offers the following facts: 1. There have been changed circumstances since the 2004 EIR was certified FACT: There are no changed circumstances since the 2004 EIR was certified which necessitates a supplemental EIR. The proposed project involves the construction of 188 single-family residential units within the previously approved subdivision SUBTT16072, which created 354 single-family residential lots. The project description of the 2004 EIR Page 2 Page 381 stated that the purpose of the EIR was for the subdivision of land for future single family residential development. Staff acknowledge that the Design Review application also includes Minor Exceptions and Variances to accommodate deviations from code standards for features and setback encroachments, but these are minor in nature and do not rise to the level of creating additional environmental impacts which had not already been analyzed under the previous EIR. Thus, there have not been any changed circumstances since the 2004 EIR which necessitates a Supplemental EIR. 2. There are new feasible mitigation measures since the 2004 EIR was certified. FACT: As noted previously, the application proposing 188 single-family residential units equates to a design review of the housing product to be located on these previously approved lots. The Design Review application also includes Minor Exceptions and Variances to accommodate deviations from code standards for features and setback encroachments, but these are minor in nature and do not rise to the level of creating additional environmental impacts which had not already been analyzed under the previous EIR. When the EIR was certified and the subdivision was approved, the City Council adopted a statement of overriding considerations for several unavoidable significant environmental impacts, including air quality. Staff also notes, relative to adopted mitigation measures from the 2004 EIR, that the applicant has provided updated studies in adherence to the original mitigation monitoring and reporting program and as it relates to the grading permit review. For example, updated biological and cultural monitoring assessments were provided to the City as recent as 2022 and 2023, respectively, prior to the issuance of grading permits in 2024. 3. There are new impacts since the 2004 EIR was certified FACT: As with #2 above, and as the current application equates to a design review of the housing product to be located on these previously approved lots, there are no new impacts since the 2004 EIR was certified that necessitate a Supplemental EIR. Lastly, and in summary, staff notes that the CEQA Guidelines Section 15163 provides that the lead agency may choose to prepare a supplement to an EIR rather than a subsequent EIR if a) any of the conditions described in 15162 would require preparation of a subsequent EIR and b) only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. None of the conditions described in section 15162 exist which would require the preparation of a subsequent EIR, not have there been any changed circumstances which necessitate changes to the previously certified EIR. Through the adoption of the attached resolution, these facts are adopted as an addendum to the certified EIR (SCH# 2002091053). This item was advertised as a public hearing with a regular legal advertisement in the Inland Valley Daily Bulletin newspaper on February 17, 2026. Notices were mailed to the owners of all property with 660 feet of the project site (70 notices total) on February 17, 2026. Physical notices were posted on the project site on February 18, 2026. FISCAL IMPACT: None. COUNCIL MISSION /VISION /VALUE(S) ADDRESSED: Denying the appeal and upholding the Planning Commission's approval of the subject project support the City Council core value of "intentionally embracing and anticipating the future" and "building and preserving a family-oriented atmosphere" by completing construction within a long- Page 3 Page 382 vacant and approved subdivision with for-sale units, which will inherently be conducive to families. ATTACHMENTS: Attachment 1 —January 14, 2026, Planning Commission Staff Report and Resolution Attachment 2 — Draft Planning Commission Meeting Minutes Attachment 3 —Appeal Letter Dated January 21, 2026 Attachment 4 — City Council Resolution Page 4 Page 383 Sir DATE: January 14, 2026 TO: Chairman and Members of the Planning Commission FROM: Jennifer Nakamura, CNU-A, Planning Director INITIATED BY: Jared Knight, Assistant Planner SUBJECT: MAJOR DESIGN REVIEW — TOLL BROTHERS - A request for the development of 188 Single-Family Residences spanning multiple pre- existing graded parcels on an approximately 80-acre site within the Low Residential (L) Zone, located at the northwest corner of East and Wilson Avenues. (Tracts 16072-1 and 16072-3) with exceptions to specific lots from existing standards. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Section 15162. (Design Review DRC2024-00373, Minor Exception DRC2025-00261, Variance DRC2025-00263) APN: 0208-921-09. RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution 2026-001, approving Design Review DRC2024-00373, Minor Exception DRC2025-00261, and Variance DRC2025-00263. BACKGROUND: The approximately 80-acre project site encompasses tracts 16072-1 and 16072-3, as described in the title of this report. The subdivision was originally approved in 2004 for 354 single-family lots at an average density of 2.3 dwelling units per acre. Environmental review for the original entitlement was completed through a certified Environmental Impact Report (EIR) and the project was annexed into the City under Development Agreement DRC2002-00156. The project area has a General Plan land use designation of Traditional Neighborhood and is located within the Low Residential (L) zone. An aerial image of the project site is shown in Figure 1. ATTACHMENT 1 Page 384 d c d a m v c LY Project Site Not a part WiLsan Avenue Figure 1 -Aerial View of Project Site The final map for all tracts in the project area was recorded in 2023. In 2024, two developments (Toll Brothers and Lennar Homes) submitted plans for single-family residential housing product. Toll Brothers proposed to develop 188 of the approved 354 lots, while Lennar Homes proposed to develop the remaining 166 of the approved lots. The current application represents only Toll Brothers' portion of the overall project area. Lennar Homes' proposed development was heard by the Planning Commission on October 22, 2025, at which time the project was approved. Staff also notes that grading permits for the development were issued in January 2024, which were tied to the 2023 Final Map. The approved grading activity commenced in 2024. Thus, the subject Design Review, Minor Exceptions, and Variance applications are only for the housing product itself, and associated development such as the placement of perimeter walls, and do not include the grading or lot layout. The existing land uses, General Plan, and zoning designations for the project site and surrounding properties are as follows: Land Use General Plan Zoning Site Vacant Traditional Low Residential (L) Neighborhood North Vacant General Open Space Flood Control/Utility and Facilities Corridor (FU/UC) South CVWD Facility/ Residential General Open Space Very Low (VL)/Parks (P) and Facilities East Vacant Traditional Neighborhood Estates 2 Neighborhood (NE-2) West Vacant graded lots (Lennar Traditional Low Residential (L) Project) Neighborhood Page 2 of 9 Page 385 ANALYSIS: The project is for the development of 188 single-family homes on previously approved and graded vacant lots, as shown in Figure 2. I ar.t rvurn,��n OR CH TR IOD72 T '.5 � 9•"� •! f.� - J ..� ]8.�2 I LIVERPOOL DRY I J 5 O L I I� 1rd `Z W u rzs �'j ¢ { O l 1' Ir H ' 1 r ' s yl1 rY e -- I ,\L 0 _ ¢ L 11 J lr t !f cr A C r +d 15 QK J_,J1��, 4VQ I m — 1 t • J h I � � s i TTM 20749 NOT A PART -- _ z+ HORE LINE.OR r ING H1L it I ' 6YWD TREATMENT PLANY r'— 7Rtt1 B113 r;T_ I --^�z I. Figure 2- The project area. Note that the areas illustrated with building footprints represent Toll Brothers'portion of the development. The lots illustrated as vacant represent Lennar Homes'portion of the development, which was heard by the Design Review Committee and Planning Commission under Design Review DRC2024-00395 All streets within the project were previously approved as public streets as part of the mapping process and will be maintained as part of the City's Street network. Further, all public streets have already been graded and are in the process of being paved as of the writing of this report. Access to the subdivision will be provided from Wilson Avenue and Etiwanda Avenue through multiple connection points established with the original subdivision approval. The project will maintain non- obstructed vehicular and pedestrian access throughout the neighborhood with no gates, ensuring Page 3 of 9 Page 386 a fully connected and accessible community consistent with the General Plan. Architecture For the proposed 188 single-family residential units, the applicant has chosen various design themes, including Spanish contemporary, coastal contemporary, modern farmhouse, and transitional architectural theme. Each style integrates varied rooflines, exterior materials, and color palettes to create visual diversity while maintaining consistency with the overall subdivision design. ■ PLAN 1 PLAN 2 SPANISH CONTEMPORARY COASTAL CONTEMPORARY 'K7 ■■ Ir I PLAN 3 PLAN 4 MODERN FARMHOUSE TRANSITIONAL Figure 3-Select examples of architectural renderings The architectural styles use high-quality material and detailing to create a contemporary, yet compatible, neighborhood character. Building elevations feature concrete flat tile roofing and stucco siding. Accents of decorative stone veneer, wood siding, and board and batten add texture to the overall design. Color schemes utilize neutral earth tones and darker accents to create articulation and visual interest to all front-facing elevations. Homes are plotted with alternating floor plans, elevations, and colors to avoid repetition, with corner lots receiving unique floor plans and enhanced elevations for consistent design quality on all public facing sides. Private driveways, landscaped parkways and pedestrian connections Page 4 of 9 Page 387 support curb appeal and walkability. Front setbacks and building spacings allow adequate light, air, and privacy between residences while maintaining an attractive cohesive neighborhood design.. The proposed project offers 8 floor plans across two series. Series A provides two-story homes, from 4,210 to 4,861 square feet, with 4 to 5 bedrooms and 4.5 bathrooms, including flex and loft space as well as two car and three car tandem garage options. Series B provides single-story and two-story options with 4 to 5 bedrooms, between 4.5 and 5.5 bathrooms, also including flex and loft space as well as two car, separate one car and two car, and three car tandem garages. In addition, reversed variations of each floorplan are provided, denoted on the unit summary table with an R. Across both tracts, the mix totals 188 homes, with 10 single-story homes and 178 two- story homes. Pursuant to Development Code Section 17.122.010A.1.a, a minimum of 25% of all single-family detached units in any new single-family residential development consisting of four or more units must be single-story.As the overall 354-unit development is a collaboration between Toll Brothers and Lennar Homes, a cumulative total of 89 single-story homes is required across both projects. Under approved Design Review DRC2024-00395, Lennar Homes has proposed 79 single-story homes. Taken together with the 10 single-story homes proposed by Toll Brothers, the total number of single-family homes provided by the overall development is 89, in compliance with the 25% requirement. Unit Summary—Tracts 16072-1 and 16072-3 Plan Type Square Bedrooms Bathrooms Garage Number of Homes Footage Al 4,120 4 4.5 2 11 A1R 4,120 4 4.5 2 10 A2 4,572 5 4.5 2 13 A2R 4,572 5 4.5 2 12 A3 4,790 5 4.5 3 16 A3R 4,790 5 4.5 3 14 A4 4.861 5 4.5 3 10 A4R 4.861 5 4.5 3 17 B1 3,462 4 4.5 2 5 B1R 3,462 4 4.5 2 5 B2 4,812 5 5.5 3 8 B2R 4,812 5 5.5 3 13 B3 5,105 5 5.5 3 11 B3R 5,105 5 5.5 3 12 B4 5,133 5 5.5 3 14 Page 5 of 9 Page 388 134R 5,133 5 5.5 3 11 Total Number of Single- - - - - 188 Family Homes Parking_ Section 17.64.050 (Number of Parking Spaces Required) of the Development Code requires two off-street spaces per single-family detached dwelling, one in a garage or carport and one in the driveway. For 188 homes, the minimum requirement is 376 spaces. The proposed project provides at least two-car garages for every home, with 126 of the homes also including a third- car stall (Tandem or via an additional one-car garage). Each lot includes a standard driveway that accommodates at least one vehicle. The proposed project satisfies the code requirement for parking. Compliance with Development Standards, The project is within the Low Residential (L) zone and the development standards for the zone are shown in the following table: Low Residential (L) Development Standards Required Proposed Compliant Density 6 Dwelling Units Per Acre 2.5 Dwelling Units Per Yes Acre Lot Area (min) 7,200 SF 7,866-26,570 SF Yes kExisting Parcels) Minimum Frontage 40 Feet 22.53-216.55 Feet Yes (min) (Existing Parcels) Building Height 35 Feet 22 Feet— 32 Feet Yes Front Yard Setback 37 feet (+/- 5ft) 30-47 Feet Yes* Interior Side Yard 5/10 Feet Varies Yes Setback Rear Yard Setback 20 Feet Varies Yes Lot Coverage 40% 19%-38% Yes *With Minor Exception and Variance for certain lots, see discussion below Minor Exception The project is consistent with the development requirements for the Low Residential (L) Zone except for a few lot-specific conditions requiring minor exceptions. These requests are limited in scope and are necessary to address topographic constraints, seismic setbacks, existing infrastructure and yard usability while maintaining functional lot layouts. The request addresses site-specific restraints without altering the approved subdivision layout or overall development pattern. The design approach prioritizes functional yards and effective and consistent retaining walls. Page 6 of 9 POgge388 Summary Of Minor Exceptions Location Condition Request Deviation Purpose Provide level yard areas TR16072-1, Exceeds max rear for both Lot 1 and 2 Lot 14 retaining wall height 5 ft above standard allowing lots to conform to size standards. TR16072-1, To maintain 1 story Lot 48 Encroachment into massing floor plan and front yard setback 2 ft below standard consistency of the site's architecture TR16072-1, The required 5 ft variation Lot 49 Does not meet 5 ft would result in front yard setback 0.7 ft variation encroachment into the variation requirement front yard setback. TR16072-1, Standard rear yard depth Lot 80 Usable rear yard area 1.3ft below standard would not allow for 400 sq depth below standard ft of useable yard TR16072-1, Usable rear yard area Additional retaining wall Lot 81 depth below standard 2 ft below standard tier would encroach into neighboring yard TR16072-3, Topographical Lots 20, 23, Exceeds max rear constraints prevent 27 retaining wall height 2ft above standard tiering of 2 ft retaining wall behind 4 ft retaining wall. TR16072-3, Usable rear yard area Standard depth is not Lot 28 depth below standard 2.7ft below standard feasible on a triangular lot. TR16072-3, Topographical Lot 30, 31 Exceeds rear retaining constraints prevent wall height .6 ft above standard tiering of .6 ft retaining wall behind 4 ft retaining wall. TR16072-3, Topographical Lot 61 Exceeds rear retaining constraints prevent wall height 1.5 ft above standard tiering of 1.5 ft retaining wall behind 4 ft retaining wall. TR16072-3, Exceeds max side Lot configuration does Lot 72 retaining wall height 1.5 ft above standard not allow for tiered side retaining wall TR16072-3, Requirements for single Lot 80 Usable rear yard area 1.7 ft below standard story development would depth below standard not allow for standard rear yard depth. Page 7 of 9 Page 390 TR16072-3, Does not meet 5 ft The required 5 ft variation Lot 82 front yard setback .7 ft variance would result in variation requirement encroachment into the front yard setback. Variance Similar to the request for minor exceptions, the project applicant is also requesting a variance to deviate from certain standards related to the distance of walkways to the back of the property wall. These requests are the minimum necessary to address physical constraints beyond the applicant's control while maintaining functional lot layouts and consistency with City Standards Summary of Variance Request Location Condition Request Deviation Constraint 3 ft setback between Topographical constraints 16072-1, Deficient setback of wall sidewalk and perimeter prevent a 5 ft setback from Lot 97 from sidewalk wall rather than required the perimeter wall to the 5 edge of the pedestrian walkway. 16072-3, 3.3 ft setback between Topographical constraints Lot 18 Deficient setback of wall sidewalk and perimeter Prevent a 5 ft setback from from sidewalk wall rather than required the perimeter wall to the 5 edge of the pedestrian walkway. .Open Space, Recreational Amenities,and Landscaping; Ultimately, the proposed project will provide five neighborhood parks that will serve both Lennar and Toll Brothers: Zinfandel, Syrah, Mission, Malaga and Sultana Cross. The parks will be maintained by an HOA but remain accessible to the public. The proposed joint improvements create one connected system with a multi-use trail, concrete pedestrian walkways, trail markers, lighting and three-rail vinyl fencing. Design Review Committee This item was heard by the Design Review Committee on November 411, 2025. Committee members noted that tubular steel view fencing is used in the rear and side yards of many of the proposed units, rather than more typical block or brick wall. This material was selected to account for unique topographical features of the project site, including the considerable slope difference between many of the parcels, which would otherwise limit the view for future residents. Public Art Pursuant to Development Code Section 17.124.020(B)(1), residential projects with a density equal to or less than four dwelling units per acre are exempt from meeting the public art requirements. The proposed project has a density of 2.3 dwelling units per acre; thus, it is not subject to the public art requirement. Environmental Assessment The City previously certified an Environmental Impact Report on June 161h, 2004, in connection with the City's approval of Tentative Tract Map SUBTT16072. Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or Page 8 of 9 Page 391 more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or(iii) new important information shows the project will have new or more severe impacts than previously considered; or(iv)additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has reviewed the project for compliance with CEQA. As the project only involves the construction of housing product and associated features such as walls within the boundaries of a previously approved and graded subdivision, staff has determined that (i) no substantial changes are proposed that indicate new or more severe impacts, (ii) no substantial changes have occurred in the circumstances under which the project was previously reviewed, (iii) no new important information has been presented as part of this application which shows that the project will have new or more severe impacts than previously considered, and (iv) there are no additional or different mitigation measures which are now feasible or which could be imposed to substantially reduce impacts. Accordingly, this project is exempt from further review under CEQA. Correspondence 70 notices were mailed to property owners within a 660-foot radius of the project site on December 18, 2025. On December 24, 2025, notices were published in the Inland Valley Daily Bulletin. The project site was also posted with physical notices on December 18, 2025. FISCAL IMPACT: None. COUNCIL MISSION /VISION /VALUE(S) ADDRESSED: The proposed project addresses the City Council Core Values of, "Providing and nurturing an excellent quality of life for all," and "Intentionally embracing and anticipating our future". The proposed project will result in the development of 354 new homes in total when taken together with the previously approved 166 units, which will also include new public parks for the benefit of all residents. Furthermore, this project will also contribute to the City's progress towards meeting state housing goals. EXHIBITS: Exhibit A—Aerial View Exhibit B — Project Plans Exhibit C — Resolution Page 9 of 9 Page 392 RESOLUTION NO. 2026-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DESIGN REVIEW, MINOR EXCEPTION, AND VARIANCE TO ALLOW THE CONSTRUCTION OF 188 SINGLE-FAMILY RESIDENCES WITHIN AN APPROVED TRACT MAP ON APPROXIMATELY 70-ACRES LOCATED NEAR THE NORTHWEST CORNER OF EAST AVENUE AND WILSON AVENUE IDENTIFIES AS TRACTS 16072-1 AND 16072-3 WITHIN THE LOW RESIDENTIAL (L) ZONE. APN: 0208-921-09 A. Recitals. 1. The applicant, Toll Brothers, filed an application requesting the approval of Design Review DRC2024-00373, Minor Exception DRC2025-00261, and Variance DRC2025-00263 as described in the title of this Resolution. Hereinafter in this Resolution, the subject entitlements request is referred to as "the application." 2. On the 14 of January 2026, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on January 14, 2026, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The project site consists of approximately 80 acres, generally located on the northwest corner of East Avenue and Wilson Avenue; and b. Tentative Tract Map SUBTT16072 was approved by the City Council on June 16, 2004, the Final Map was approved and recorded in 2023, and associated grading permits were issued in January 2024; and C. The application proposes the construction of 188 single-family residences on the aforementioned subdivided and graded lots; and d. In addition to the design review application which permits the construction of the proposed single-family residences, the project also includes a request for a Minor Exception to permit deviations from the following requirements on specific lots within the proposed development: the construction of walls which exceed the maximum height, encroachment into the required front yard setback area, providing substandard usable rear yard area, and residential frontages which do not meet minimum front yard setback variation requirements. These Page 393 PLANNING COMMISSION RESOLUTION NO. 2026-001 DRC2024-00373, DRC2025-00261, DRC2025-00263 January 14, 2026 Page 2 deviations are necessary due to topographical constraints of the project site and the pre-existing lot design. The specific lots to which the Minor Exception will apply are as follows: TR16072-1 Lots 14, 48, 49, 80, and 81, and TR16072-3 Lots 20, 23, 27, 28, 30, 31, 61, 72, 80, 82; and e. In addition to the Design Review and Minor Exception, the project also includes a request for a Variance to permit deviations from the minimum 5-foot setback from the perimeter wall to the public sidewalk, to accommodate topographic constraints of the project site. The specific lots to which the requested Variance will apply are as follows: TR16072-1 Lot 97, and TR16072-3 Lot 18 f. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows: Land Use General.Plan Zoning Site Vacant Traditional Neighborhood Low Residential (L) North Vacant General Open Space Flood Control/Utility Corridor and Facilities FU/UC CVWD Facility/ General Open Space South Residential and Facilities Very Low (VL)IParks (P) East Vacant Traditional Neighborhood Estates 2 (NE-2) Neighborhood Vacant graded lots Traditional West Lennar Project Neighborhood Low Residential (L) 3. Based upon the substantial evidence presented to this Commission during the above referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby makes the following findings for Design Review DRC2024-00373 pursuant to Development Code Section 17.20.040: a. The proposed development is in accord with the General Plan. The project site's General Plan Land Use Designation is Traditional Neighborhood. This land use designation supports low and low-medium density residential development with a maximum density of 8 units per acre. The project proposes a maximum density of 2.3 dwelling units per acre, consistent with the General Plan Land Use Designation; and b. The proposed project is in accord with the objective of the Development Code and the purposes of the zone in which the site is located. The project site is located within the Low Residential (L)zone, which supports the development of low-density single-family residential neighborhoods. The underlying subdivision map is consistent with the subdivision standards which were in place at the time that the subdivision was approved; and C. The proposed project complies with each of the applicable provisions of the Development Code for the zone in which it is located. The project meets the required standards for site design, circulation, landscaping, and parking upon approval of the related request for a variance and minor exception; and d. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. An Environmental Impact Report was previously certified by the City Page 394 PLANNING COMMISSION RESOLUTION NO. 2026-001 DRC2024-00373, DRC2025-00261, DRC2025-00263 January 1-4, 2026 Page 3 Council on June 16, 2004, relative to SUBTT16072 and related grading activities. The proposed project proposing to construct residences on the previously subdivided and graded lots,will not result in any additional significant environmental impacts which had not already been considered by the previously approved EIR. Further, the proposed project to construct the residences will be required to comply with all mitigation measures associated with previous approvals. 4. This Commission also hereby makes the following findings in support of Minor Exception DRC2025-00261 pursuant to Development Code Section 17.16.110: a. The minor exception is consistent: with the General Plan or any applicable specific plan or development agreement.The project site has a general plan land use designation of Traditional Neighborhood, and the zoning is Low Residential (L). The request for a minor exception is limited to specific lots and specifically related to wall height and setbacks on said lots due to topographical constraints and pre-existing lot design. These specific lots include TR16072- 1 Lots 14, 48, 49, 80, and 81, and TR16072-3 Lots 20, 23, 27, 28, 30, 31, 61, 72, 80, 82. The minor exception on these specific lots does not affect the General Plan designation, zoning designation, or the residential purpose of the project sit; and b. The proposed minor exception is compatible with existing and proposed land uses in the surrounding area. The surrounding area to the project site includes areas which are similarly steep in slope. Requests for increases in wall height are not uncommon in steep slope areas. Further, the adjoining residential project also featured requests for minor exceptions related to setbacks and wall height that were granted based on topographical constraints. Thus, the proposed minor exception is compatible with existing and proposed land uses in the surrounding area; and C. The proposed exception to the specific development standards is necessary to allow creative design solutions compatible with the desires of the community and/or accommodate unique site conditions: The increased wall height is necessary to accommodate steep slope conditions. The setback reductions are necessary to accommodate the steep slope and pre-existing lot configuration. Permitting the requested minor exceptions will allow the subject lots to be developed similarly to other lots in the area which do not have these unique constraints; and d. The granting of the minor exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone, and will not be detrimental to public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The Minor Exception will allow the applicant to construct pads and' building footprints on the parcels identified in (a) above such that these lots and house sizes will be similar to other lots in the area which do not face the same topographical constraints. Thus, the proposed minor exceptions will not constitute a unique,privilege, nor is it likely to impact public health, safety, and/or welfare. 5. The Commission also hereby makes the following findings in support of Variance DRC2025-00263 pursuant to Development Code Section 17.20.030. a. Strict or literal interpretation and enforcement of this specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this code. The specific lots to which the requested Variance will apply are as follows: TR16072-1 Lot 97, and TR16072-3 Lot 18. The variance is requested to allow for a deviation from the Page 395 PLANNING COMMISSION RESOLUTION NO. 2026-001 DRC2024-00373, DRC2025-00261, DRC2025-00263 January. 14, 2026 Page 4 minimum five-foot setback between the perimeter wall and the sidewalk on these lots. Due to the topographical constraints of the project site and the existing layout of the parcels to be developed, strict or literal interpretation of this regulation would result in the developer not being able to construct housing product of comparable size to other similarly situated properties throughout the project area, which would,be inconsistent with the objectives of the code. b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. The subject project area comprises approximately 80 acres located within the northeast portion of the City..This area is characterized by steep terrain and proximity to seismic fault zones. Further, the underlying subdivision map upon which the project proposes to construct 188 single-family residences was approved in 2004 at such a time that development standards in place today did not exist. As such, exceptional or extraordinary circumstances exist which do not apply generally to other properties in the same zone. C. Strict or literal interpretation and enforcement of the specified.regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. The granting,of the requested variance is necessary in order for the subject lots-to accommodate single-family residences of the size which are enjoyed.by the owners of other properties in the same zone. Specifically, the existing,lot configuration and the topographical constraints of the site including steep slopes would prevent the applicant from developing the subject lots identified in (a) above the ability to develop to the size of other similarly situated lots in the vicinity while maintaining the 5-foot perimeter wall setback requirement. d. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Due to topographical constraints. and the existing lot layout, the two lots identified in (a) require a variance to be developed to a size consistent and compatible with other properties in the same zone, and the project as a whole. Thus, no special privilege is granted as the variance is intended to maintain consistency of development in the project area. e. The granting of the variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The granting of the variance is intended to allow for housing on the select lots identified in (a) to be developed in a manner consistent with the rest of the 188 lots in the project area. Setback is still provided to the subject sidewalks from the perimeter wall. It is not anticipated that the reduced setback will constitute a safety concern, or that.the variance will otherwise be detrimental to the public health, safety, or welfare, or be materially injurious to properties or,improvements in the vicinity. All properties which obtain the granting of-a variance are still required to comply with all applicable building and safety codes and regulations. 6. Planning Staff has determined that the project complies with the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. An Environmental Impact Report was certified by the City Council on June 16, 2004, as part of the original approvals of the underlying subdivision for the project site, SUBTT16072. Pursuant to CEQA Guidelines Section 151'62, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless (1) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts than Page 396 PLANNING COMMISSION RESOLUTION NO. 2026-001 DRC2024-00373, DRC2025-00261, DRC2025-00263 January 14, 2026 Page 5 previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has reviewed the project for compliance with CEQA. As the project only involves the construction of housing :product. and associated features such as walls within the boundaries of a previously approved and previously graded subdivision, staff has determined that (i) no substantial changes are proposed that indicate new or more severe impacts, (ii) no substantial changes have occurred in the circumstances under which the project was previously reviewed, (iii) no new important information has been presented as part of this application which shows that the project will have new or more severe impacts than previously considered, and (iv) there are no additional or different mitigation measures which are now feasible or which could be imposed to substantially reduce impacts. Accordingly, this project is exempt from further review under CEQA. 7. Based upon the substantial evidence presented to this commission during the above-referenced meeting and upon the specific findings of facts set forth in paragraphs 1, 2, 3, 4, 5, and 6 above, this Commission hereby approves the application subject to each and every condition set forth in the Conditions of Approval, attached hereto and incorporated herein by this reference. 8. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2026. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Tony"Morales, Chairman ATTEST W� enniVakamura, Secretary 1, Jennifer akamura, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 141 day of January 2026, by the following vote-to-wit: AYES: COMMISSIONERS: MORALES, BOLING, DOPP, DANIELS, DIAZ NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Page 397 Conditions of Approval RANCHO CUCAMONGA Community Development Department Project#: DRC2024-00373 Project Name: Etiwanda Estates (Tract 16072-1 and 16072-3) Location: 160721 TRACT- 108745133-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.' Planning Department Please be advised of the following Special Conditions 1. Prior to the issuance of building permits, the developer shall demonstrate compliance with all mitigation measures identified in the Environmental Impact Report associated with SUBTT16072, approved by the City Council on June 16, 2004. Standard Conditions of Approval 2. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. Printed: 11/2512025 www.CityofRC.us Page 398 Project#: DRC2024-00373 Project Name: Etiwanda Estates (Tract 16072-1 and 16072-3) Location: 160721 TRACT- 108745133-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Planning- Department Standard Conditions of Approval 3. The applicant shall indemnify, protect, defend, and .hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, those City agents serving as independent contractors in the role of City officials and instrumentalities thereof (collectively "lndemnitees"), from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. This indemnification provision expressly includes losses, judgments, costs, and expenses (including, without [imitation, attorneys' fees or court costs) in any manner arising out of or incident to this approval, the Planning Director's actions, the Planning Commission's actions, and/or the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other lndemnitees in any such suit, action, or other legal proceeding. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that the applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. 4. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 6. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 2 years from the date of approval or a time extension has been granted. Printed:11I2512025 www.CityofRC.us Page 2 of 8 Page 399 Project#: DRC2024-00373 Project Name: Etiwanda Estates (Tract 16072-1 and 16072-3) Location: 160721 TRACT- 108746133-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 7. For single-family residential development, all slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition. 8. Existing trees required to be. preserved in place shall be protected with a construction barrier in accordance with the Development Code Section 17.80.050, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 9. Front yard and corner side yard landscaping and irrigation shall be required per the Development. Code and/or This requirement shall be in addition to the required street trees and slope planting. 10.A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of Building Permits for the development or prior final map approval in the case of a custom lot subdivision. For development occurring in the Very High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction Services. 11. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 12. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of Building Permits. 13. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 14. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department(RCFD) Standards. 15. The developer shall, submit a construction access plan and schedule for the development of all lots for Planning Director and Engineering Services Department approval; including, but not, limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 16. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, the Development Code regulations, Specific Plans, and Master Plans in effect at the time of building permit issuance. www.CityofRC.us Printed:1'!l2512025 Page 3 of 8 Page 400 Project#: DRC2024-00373 Project Name: Etiwanda Estates (Tract 16072-1 and 16072-3) Location; 160721 TRACT- 108745133-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning_Department Standard Conditions of Approval 17. All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or proposed shall be installed at locations that are not within direct view or line-of-sight of the main entrance. The specific locations of each DDC and FDC shall require the review and approval of the Planning Department and Fire Construction Services/Fire Department. All Double Detector Checks (DDC) and Fire Department Connections (FDC) shall be screened behind a 4-foot high block wall. These walls shall be constructed of similar material used on-site to match the building. 18. All above ground-mounted utility appurtenances such as transformers, AC condensers, etc., snail be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall also be above ground, pad mounted, meeting current SCE design standards. 19. On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk. The 5-foot wall/fence setback and the parkway shall have landscape and irrigation in addition to the required street trees. Detailed landscape and irrigation plans shall be submitted for Planning Director review and approval prior to issuance of Building Permits. The parkway landscaping including trees, shrubs, ground covers and irrigation shall be maintained by the property owner. The developer shall provide each prospective buyer written notice of the parkway maintenance requirement, in a standard format as determined by the Planning Director, prior to accepting a cash deposit on any property. 20. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of Building Permits. 21. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted prior to occupancy. 22. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 23. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owners at least 30 days prior to the removal of any existing walls/fences along the project perimeter. 24. Revised Site Plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of Building Permits. 25. Street names shall be submitted for Planning Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map 26. Construct block walls between homes (i.e., along interior side and rear property lines), rather than wood fencing for permanence, durability, and design consistency. Printed:11I2512025 www.CityofRC.us Page 4 of 8 Page 401 Project#: DRC2024-00373 Project Name: Etiwanda Estates (Tract 16072-1 and 16072-3) Location: 160721 TRACT- 108745133-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT; Planning Department Engineering Services Department Please be advised of the following Special Conditions 1. Comply with all Engineering Conditions of Approval under case number SUBTT16072. 2. Development Impact Fees Due Prior to Building Permit Issuance: (Subject to Change/Periodic Increases- Refer to current fee schedule to determine current amounts) Fire Prevention / New Construction Unit Standard Conditions of Approval 1. Public and private fire service water mains, public and private hydrants, water control valves, fire sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and equipment are required to be provided, designed, and installed in accordance with Fire District Standard 5-10. The Standard has been uploaded to the Documents section. 2. Automatically operated garage doors and side-hinged exterior doors are required to have self-closing features in accordance with Fire District Standard 49-1. Please note this on the plans and include the specifications in the door schedule. 3. Fences and gates located within the 5-foot combustible exclusion zone are required to be entirely constructed of non-combustible materials. Vinyl fencing and gates are considered to be combustible. 4. The approved fire protection plan is required to be recorded on the parcel. Upload proof of recording to this project file and notify the Fire District of recording by sending an email with verification to RCFire@CityofRC.us 5. Fire flow is required to be in accordance with Appendix B of the California Fire Code. The Fire District has adopted the appendix without local amendments except that the minimum fire flow for commercial buildings shall not be less than 1500 gpm. Proof of the availability of the required fire flow must be provided to the Fire District in the form of a letter or written report dated within the past 12 months. 6. Fire sprinklers are required to be installed in accordance with Fire District Standard 9-3. The Standard has been uploaded to the Documents section. 7. Due to the type of construction, construction materials, the floor area of the project, and known risks associated .with projects of this nature, a Fire Protection and Site Safety plan is required to be implemented when combustible construction materials are delivered to the site, with the exception of foundation form materials. The Fire Prevention and Site Safety plan is required to be in compliance with Fire District Standard 33-3, The Standard has been uploaded to the Documents section. Review and approval of the fire prevention and site safety plan is a condition of construction permit approval. The fire prevention and site safety plan is required to be approved by the Fire District prior to construction permits being approved and issued. 8. The most current versions of the Fire District's Standards can be found at: hftps://www.dropbox.com/sh/86zjfacfxgh8oeo/AABYEQ8l w5vL7wz7el zBiu25a?dl=0 Printed:11I2512025 www.CityofRC.us Page 5 of 8 Page 402 Project#: DRC2024-00373 Project Name.: Etiwanda Estates (Tract 16072-1 and 16072-3) Location: 160721 TRACT- 108745133-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention I New Construction Unit Standard Conditions of Approval 9. Temporary fire apparatus access (fire lanes) and temporary fire ;hydrants, if needed, are required to be in accordance with Fire District Standard 33-2. The Standard has been uploaded to the Documents section. 10. Release of construction permits issued by the City of Rancho Cucamonga or the County of San Bernardino will be in. accordance with Fire District Standard 33-1. The Standard has been uploaded to the Documents section. 11. Combustible construction materials, including combustible roofing materials, are prohibited from being onsite prior to a water supply system in accordance with Fire District Standard 5-10 being provided in accordance with Fire District Standard 33-1. Copies of the Standards. have been uploaded to the Documents section of this project in the Online Permit Center. 12. Fire apparatus access (fire lane) design, construction, and identification are required to be in accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents section. Grading Section Standard Conditions of Approval 1. Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with! the approved conceptual Grading and Drainage Plan. 2. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 3. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. 4. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. All dust control sign(s) shall be located outside of the public right of way. 5. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 6. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Building and,Safety Official. Printed:11125I2025 www.QtyofRC.us Page 6 of 8 Page 403 Project#: DRC2024-00373 Project Name: Etiwanda Estates (Tract 16072-1 and 16072-3) Location: 160721 TRACT- 108745133-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 7. Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project own erlrepresentative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i) The bottom of the over-excavation; ii) Completion of Rough Grading, prior to issuance of the building permit; iii) At the completion of Rough Grading, the grading contractor or owner small submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 8. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout"information for Grading Plans and Permit". 9. RESIDENTIAL MANDATORY MEASURES — CALIFORNIA GREEN BUILDING STANDARDS CODE — Prior to the issuance of any building permit the applicant shall comply with Section 4.106.2 (Storm water drainage and retention during construction) of the current adopted California Green Building Standards Code: Projects which disturb less than one (1) acre of soil and are not part of a larger common plan of development which in total disturbs one acre or more, shall manage storm water drainage during construction. In order to manage storm water drainage during construction, one or more of the following measures shall be implemented to prevent flooding of adjacent property, prevent erosion and retain soil runoff on the site. 1. Retention basins of sufficient size shall be utilized to retain storm water on the site. 2. Where storm water is conveyed to a public drainage system, collection point, gutter or similar disposal method, water shall be filtered by use of a barrier system, wattle or other method approved by the enforcing agency (City of Rancho Cucamonga). 3. Compliance with a lawfully enacted storm water management ordinance. Printed:11I2512025 www.cityofRC.us Page 7 of 8 Page 404 Project#: DRC2024-00373 Project Name: Etiwanda Estates (Tract 16072-1 and 16072-3) Location: 160721 TRACT- 108745133-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 10. RESIDENTIAL MANDATORY MEASURES — CALIFORNIA GREEN BUILDING STANDARDS CODE — Prior to the issuance of any building permit the applicant shall comply with Section 4.1.06.3 (Grading and Paving) of the current adopted California Green Building Standards Code: Construction plans. shall indicate how the site grading or drainage system will manage all surface water flows to keep water from entering building. Examples of methods to manage surface water include, but are not limited to, the following: 1. Swales. 2. Water collection and disposal systems. 3. French drains. 4. Water retention gardens. 5. Other water measures which keep surface water away from buildings and aid in groundwater recharge. Exception: Additions and alterations not altering the drainage path. Printed:11I2512025 www.CityofRC.us Page 8 of 8 Page 405 M(I M�#= I Historic Preservation Commission and Planning Commission Agenda January 14, 2026 Draft Minutes Rancho Cucamonga, CA 91730 7:00 p.m. The regular joint meeting of the Historic Preservation Commission and Planning Commission was held on January 14, 2026. The meeting was called to order by Chairman Morales at 7:00 p.m. A. Roll Call Planning Commission present: Chairman Morales, Vice Chairman Boling, Commissioner Dopp, Commissioner Daniels and Commissioner Diaz. Staff Present: Serita Young,Assistant City Attorney; Jennifer Nakamura, Planning Director; Sophia Serafin, Associate Planner; Jared Knight, Assistant Planner; Elizabeth Thornhill, Executive Assistant. B. Public Communications Chairman Morales opened the public communications. Hearing no comments from the public, Chairman Morales closed the public communications. C. Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of December 10, 2025. Motion: Moved by Commissioner Dopp; seconded by Vice Chairman Boling. Abstain: Commissioner Daniels. Motion carried 4-1. D. Public Hearings Items D1-D3 were heard concurrently. D1. TENTATIVE TRACT MAP — SC DEVELOPMENT CORP - A request to subdivide one (1) parcel approximately 3.18 acres of land into 75 condominium lots within Planning Area N-12 in the Core Living (CL) Placetype of the Resort North Specific Plan, located north of 6th Street, south of the BNSF/Metrolink right of way, and west of Milliken Avenue; APN: 0209-561-07. (Tentative Tract Map SUBTT20688). Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) (SCH No. 2015041083) on May 18, 2016, in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR is required in connection with subsequent discretionary approvals of the same project. HPC/PC Draft Minutes Page 1 of 5 Page 406 D2. TENTATIVE TRACT MAP — SC DEVELOPMENT CORP - A request to subdivide one (1) parcel approximately 3.4 acres of land into 84 condominium lots within Planning Area N-14 in the Village Neighborhood (VN) Placetype of the Resort North Specific Plan, located north of 6th Street, south of the BNSF/Metrolink right of way, and west of Milliken Avenue; APN: 0209-561-01. (Tentative Tract Map SUBTT20687). Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report(EIR) (SCH No. 2015041083)on May 18, 2016, in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR is required in connection with subsequent discretionary approvals of the same project. D3. TENTATIVE TRACT MAP — SC DEVELOPMENT CORP - A request to subdivide one (1) parcel approximately 4.9 acres of land into 99 condominium lots within Planning Area N-15 in the Village Neighborhood (VN) Placetype of the Resort Specific Plan, located north of 6th Street, south of the BNSF/Metrolink right of way, and west of Milliken Avenue; APN: 0209-561-12. (Tentative Tract Map SUBTT20689). Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report(EIR) (SCH No. 2015041083)on May 18, 2016, in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR is required in connection with subsequent discretionary approvals of the same project. Assistant Planner Knight provided a PowerPoint presentation (copy on file). Chairman Morales opened the public hearing. Applicant Cendejas and Regional Vice President McGinnis were present and available to answer questions. Resident Horvatich expressed that the General Plan is constantly changing, and the public is not always notified. Vice Chairman Boling asked staff to confirm that the three items do not require a General Plan amendment. Planning Director confirmed. Hearing no other comments from the public, Chairman Morales closed public hearing. With no further Commissioner comments and discussion. Chairman Morales thanked Associate Planner Knight for the informative presentation. Motion: Moved by Commissioner Dopp; seconded Vice Chairman Boling to adopt Resolutions 2026-003, Tentative Tract Map SUBTT20688, 2026-004 Tentative Tract Map SUBTT20687 and 2026-005 Tentative Tract Map SUBTT20689. Motion carried unanimously, 5-0. D4. CONDITIONAL USE PERMIT — EPD SOLUTIONS — A request to permit E-Commerce Distribution/Fulfillment Center — Large, Wholesale and Distribution — Medium, Food Processing/Manufacturing, Storage Warehouse, and Manufacturing Light — Large uses at an existing 129,704 square foot industrial building that is currently occupied with a legal non-conforming Wholesale and Distribution use within the Neo-Industrial (NI)zone located at 9089 8th Street;APN: 0209-151-38.This item is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Section 15301 — Existing Facilities (DRC2025-00245). Associate Planner Serafin provided a PowerPoint presentation (copy on file). Commissioner Daniels asked staff if the other two main buildings, one to the east and the other to the south are owned by different property owners. HPC/PC Draft Minutes Page 2 of 5 Page 407 Associate Planner Serafin confirmed and stated they are on their own parcels. Chairman Morales opened the public hearing. Applicant Leseth was present and available to answer questions. Vice Chairman Boling inquired about the length of time China Manufacturing Alliance has operated at the site. Applicant answered since 2014. Vice Chairman Boling inquired about the number of employees on site. Applicant responded that there are approximately seven to ten employees on site on a daily basis. Vice Chairman Boling asked whether there is any anticipation that the tenant would vacate in the near future. Applicant confirmed and explained that the building was sold in December 2025 to a new owner. As part of a sale-leaseback agreement, the applicant will remain in the building for an additional five years, after which the applicant will vacate, and a new tenant will occupy the site. Vice Chairman asked whether China Manufacturing Alliance will remain in the City of Rancho Cucamonga after 5 years. Applicant confirmed. Commissioner Dopp asked about the type of business currently operating at the site. Applicant responded that the site is currently used for warehouse storage. Commissioner Dopp asked whether the use of the site would remain the same over the next five years. Applicant confirmed. Vice Chairman Boling expressed appreciation to the applicant for being proactive and noted that the potential expansion of future uses in the facility would help ensure that businesses have a valuable place to locate in the city and that China Manufacturing Alliance will remain in Rancho Cucamonga after five years. Hearing no other comments from the public, Chairman Morales closed public hearing. Motion: Moved by Commissioner Daniels; seconded Vice Chairman Boling to adopt Resolution 2026-002 Conditional Use Permit DRC2025-00245. Motion carried unanimously, 5-0. D5. MAJOR DESIGN REVIEW—TOLL BROTHERS-A request for the development of 188 Single-Family Residences spanning multiple pre-existing graded parcels on an approximately 80-acre site within the Low Residential (L) Zone, located at the northwest corner of East and Wilson Avenues. (Tracts 16072-1 and 16072-3)with exceptions to specific lots from existing standards.This item is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Section 15162. (Design Review DRC2024-00373, Minor Exception DRC2025-00261, Variance DRC2025-00263)APN: 0208-921-09. Assistant Planner Knight provided a PowerPoint presentation (copy on file). He noted that staff received one correspondence concerning CEQA from Lozeau Drury, LLC. Chairman Morales opened the public hearing. Applicant Tsai was present and available to answer questions. HPC/PC Draft Minutes Page 3 of 5 Page 408 Commissioner Dopp inquired about the Spanish Contemporary architecture and asked what features characterize it as Spanish Contemporary. Applicant Tsai provided a brief explanation, stating that the style of materials is Spanish-inspired and that the style is reemerging as a current design trend. Commissioner Dopp asked whether the applicant would consider different colors schemes. Applicant Tsai confirmed. Chase Preciado, Paralegal with Lozeau Drury, LLC, expressed opposition to the project and requested preparation of a supplemental Mitigated Negative Declaration (MND) or an Environmental Impact Report (EIR). Resident Horvatich expressed opposition to the project due to increased density. Hearing no other comments from the public, Chairman Morales closed the public hearing. Commissioner Dopp expressed appreciation to the applicant for revisiting the color schemes of the Spanish Contemporary design and suggested adding Spanish accents to better reflect the Spanish architectural style. Commissioner Daniels commented that the open space and amenities proposed by Lennar and Toll Brothers are very good and stated that they would be an excellent amenity for the tract and the surrounding community. Commissioner Diaz expressed her enthusiasm for the inclusion of large houses within the community and noted that the parks and open space areas would be a positive addition, providing public access for neighboring communities. Vice Chairman Boling expressed appreciation to the developer for bringing forward a project that includes homes ranging from approximately 3,400 to 5,100 square feet, with a mix of one and two-story designs. He noted that the architectural elements, including pop-outs and recessed areas, create visual diversity and encouraged the applicant to further review the color schemes, noting that additional contrast could enhance the overall design. Chairman Morales expressed appreciation for the designer homes, noting that some of models include double staircases, which he liked. He also commented favorably on the flat tile roofs and expressed his support for the project. Motion: Moved by Commissioner Diaz; seconded Commissioner Daniels to adopt Resolution 2026-001 Design Review DRC2024-00373, Minor Exception DRC2025-00261 and Variance DRC2025-00263. Motion carried unanimously, 5-0. E. General Business Ell. Annual Selection of Officers for the Commission and Appointments to Other Committees. Commissioner Daniels was appointed unanimously as member of the Design Review Committee, 1 year term. Motion by Commissioner Boling, seconded by Commissioner Diaz. Motion carried unanimously, 5-0 vote. Vice Chairman Boling was appointed unanimously as member of the Design Review Committee, 1-year term. Motion by Commissioner Diaz, seconded by Chairman Morales. Motion carried unanimously, 5-0 vote. HPC/PC Draft Minutes Page 4 of 5 Page 409 Commissioner Morales was appointed unanimously as Alternate for the Design Review Committee. Motion by Commissioner Diaz, seconded by Commissioner Dopp. Motion carried unanimously, 5-0 vote. Commissioner Daniels was appointed unanimously as Vice Chairman for the Planning Commission, 1-year term. Motion by Vice Chairman Boling, seconded by Commissioner Diaz. Motion carried unanimously, 5-0 vote. Commissioner Boling was appointed unanimously as Chairman for the Planning Commission, 1-year term. Motion by Commissioner Diaz,seconded by Commissioner Morales. Motion carried unanimously, 5-0 vote. Chairman Morales expressed his appreciation to the Commissioners for stepping into various roles and responsibilities. F. Director Announcements Planning Director Nakamura mentioned that there will not be a second meeting in January and that the Commission will reconvene on February 11th. G. Commission Announcements Vice Chairman Boling expressed his appreciation to his fellow Commissioners for their service over the past years in various roles. He noted that they have undertaken opportunities, and overcome significant challenges, and have done an outstanding job. He stated that he looks forward to serving with them in the upcoming year. Commissioner Diaz announced that Chaffey College, where she works, will be opening a Library Learning Commons and that a ribbon-cutting ceremony is scheduled for January 29t" at 12:00 p.m. H. Adjournment Motion: Moved by Vice Chairman Boling, seconded by Commissioner Diaz to adjourn the meeting. Hearing no objections, Chairman Morales adjourned the meeting at 8:00 p.m. Respectfully submitted, Elizabeth Thornhill, Executive Assistant Planning Department Approved: HPC/PC Draft Minutes Page 5 of 5 Page 410 _.RURY_�P T 510.836,4200 1939 Harrison Street, Ste. 150 www.lozeaudrury.corn F 510.836.4205 Oakland, CA 94612 Hayley@lozeaudrury.com VIA EMAIL & FEDEX January 21, 2026 Kim Sevy, City Clerk Jared Knight, Assistant Planner City Clerk's Office Planning Department City of Rancho Cucamonga City of Rancho Cucamonga 10500 Civic Center Drive 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 91730 city.clerk@cityofrc.us jared.knight@cityofrc.us Re: Appeal of the January 14, 2026 Decision of the Planning Commission to Approve the Etiwanda Estates Project(DRC2024-00373; DRC2025-00261; DRC2025-00263) Dear City Clerk Sevy and Planner Knight: I am writing on behalf of the Supporters Alliance for Environmental Responsibility ("SAFER") and its members living and/or working in or around the City of Rancho Cucamonga ("City") to appeal the Rancho Cucamonga Planning Commission's January 14, 2026 decision to approve the Etiwanda Estates Project(DRC2024-00373; DRC2025-00261; DRC2025-00263), which proposes the construction of 188 single-family residences on approximately 80.8 vacant acres of a 150.8-acre site, located near the northwest corner of East Avenue and Wilson Avenue, in the City of Rancho Cucamonga("Project"), and to approve the Project based on the 2004 environmental impact report ("EIR")prepared for Tentative Tract Map SUBTT16072. SAFER objects to the City's decision to rely on the 2004 EIR because numerous new, feasible air quality mitigation measures have become available in the intervening 21 years that were unavailable in 2004 and would more effectively reduce the Project's significant and unavoidable air quality impacts. Therefore, a supplemental MND or EIR is required to analyze the Project. This appeal is timely filed within 10 calendar days of the Planning Commission's decision and is accompanied by the required filing fee of$4,902. Sincerely, / / Hayley Uno Lozeau Drury LLP ATTACHMENT 3 Page 411 RESOLUTION NO. 2026-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF DESIGN REVIEW (DRC2024-00373), MINOR EXCEPTION (DRC2025-00261), AND VARIANCE (DRC2025-00263) TO ALLOW THE CONSTRUCTION OF 188 SINGLE-FAMILY RESIDENCES WITHIN AN APPROVED TRACT MAP ON APPROXIMATELY 80-ACRES LOCATED NEAR THE NORTHWEST CORNER OF EAST AVENUE AND WILSON AVENUE IDENTIFIES AS TRACTS 16072-1 AND 16072-3 WITHIN THE LOW RESIDENTIAL (L) ZONE AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The applicant, Toll Brothers, filed an application requesting the approval of Design Review DRC2024-00373, Minor Exception DRC2025-00261, and Variance DRC2025-00263 as described in the title of this Resolution. Hereinafter in this Resolution, the subject entitlements request is referred to as "the application." 2. On the 14t" of January 2026, the Planning Commission of the City of Rancho Cucamonga adopted Resolution No. 2026-001 approving the application and making findings in support of its decision. 3. On January 22nd, 2026, the city received a timely appeal of the Planning Commission's decision approving the application. 4. On March 41", 2026 the City Council of the City of Rancho Cucamonga opened a duly noticed public hearing on the appeal, conducted the public hearing, concluded the hearing on that date, and adopted this Resolution denying the appeal and upholding the Planning Commission's approval of the application and making findings in support thereof. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on March 41", 2026, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The project site consists of approximately 80 acres, generally located on the northwest corner of East Avenue and Wilson Avenue; and ATTACHMENTP4ge 412 CITY COUNCIL RESOLUTION NO. 2026-XXX DRC2024-00373, DRC2025-00261, DRC2025-00263 March 4, 2026 Page 2 b. Tentative Tract Map SUBTT16072 was approved by the City Council on June 16, 2004, the Final Map was approved and recorded in 2023, and associated grading permits were issued in January 2024; and C. The application proposes the construction of 188 single-family residences on the aforementioned subdivided and graded lots; and d. In addition to the design review application which permits the construction of the proposed single-family residences, the project also includes a request for a Minor Exception to permit deviations from the following requirements on specific lots within the proposed development: the construction of walls which exceed the maximum height, encroachment into the required front yard setback area, providing substandard usable rear yard area, and residential frontages which do not meet minimum front yard setback variation requirements. These deviations are necessary due to topographical constraints of the project site and the pre-existing lot design. The specific lots to which the Minor Exception will apply are as follows: TR16072-1 Lots 14, 48, 49, 80, and 81, and TR16072-3 Lots 20, 23, 27, 28, 30, 31, 61, 72, 80, 82; and e. In addition to the Design Review and Minor Exception, the project also includes a request for a Variance to permit deviations from the minimum 5-foot setback from the perimeter wall to the public sidewalk, to accommodate topographic constraints of the project site. The specific lots to which the requested Variance will apply are as follows: TR16072-1 Lot 97, and TR16072-3 Lot 18 f. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning Site Vacant Traditional Low Residential (L) Neighborhood North Vacant General Open Space Flood Control/Utility Corridor and Facilities FU/UC CVWD Facility/ General Open Space South Residential and Facilities Very Low (VL)/Parks (P) East Vacant Traditional Neighborhood Estates 2 (NE-2) Neighborhood West Vacant graded lots Traditional Low Residential (L) Lennar Project Neighborhood 3. Based upon the substantial evidence presented to the City Council during the above- mentioned public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby makes the following findings for Design Review DRC2024-00373 pursuant to Development Code Section 17.20.040 and concludes as follows: a. The proposed development is in accord with the General Plan. The project site's General Plan Land Use Designation is Traditional Neighborhood. This land use designation supports low and low-medium density residential development with a maximum density of 8 units per acre. The project proposes a maximum density of 2.3 dwelling units per acre, consistent with the General Plan Land Use Designation; and Page 413 CITY COUNCIL RESOLUTION NO. 2026-XXX DRC2024-00373, DRC2025-00261, DRC2025-00263 March 4, 2026 Page 3 b. The proposed project is in accord with the objective of the Development Code and the purposes of the zone in which the site is located. The project site is located within the Low Residential (L)zone, which supports the development of low-density single-family residential neighborhoods. The underlying subdivision map is consistent with the subdivision standards which were in place at the time that the subdivision was approved; and C. The proposed project complies with each of the applicable provisions of the Development Code for the zone in which it is located. The project meets the required standards for site design, circulation, landscaping, and parking upon approval of the related request for a variance and minor exception; and d. The City Council has considered all issues raised in the appeal and determines that the proposed use, together with the conditions applicable thereto, will not be detrimental to public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. An Environmental Impact Report was previously certified on June 16, 2004, relative to SUBTT16072 and related grading activities.The subject project proposing to construct residences on the previously subdivided and graded lots will not result in any additional significant environmental impact which had not already been considered by the previously approved EIR. Further, the proposed project to construct the residences will be required to comply with all mitigation measures associated with previous approvals. 4. The City Council also hereby makes the following findings in support of Minor Exception DRC2025-00261 pursuant to Development Code Section 17.16.110: a. The minor exception is consistent with the General Plan or any applicable specific plan or development agreement. The project site has a general plan land use designation of Traditional Neighborhood, and the zoning is Low Residential (L). The request for a minor exception is limited to specific lots and specifically related to wall height and setbacks on said lots due to topographical constraints and pre-existing lot design. These specific lots include TR16072- 1 Lots 14, 48, 49, 80, and 81, and TR16072-3 Lots 20, 23, 27, 28, 30, 31, 61, 72, 80, 82. The minor exception on these specific lots does not affect the General Plan designation, zoning designation, or the residential purpose of the project sit; and b. The proposed minor exception is compatible with existing and proposed land uses in the surrounding area. The surrounding area to the project site includes areas which are similarly steep in slope. Requests for increases in wall height are not uncommon in steep slope areas. Further, the adjoining residential project also featured requests for minor exceptions related to setbacks and wall height that were granted based on topographical constraints. Thus, the proposed minor exception is compatible with existing and proposed land uses in the surrounding area; and C. The proposed exception to the specific development standards is necessary to allow creative design solutions compatible with the desires of the community and/or accommodate unique site conditions. The increased wall height is necessary to accommodate steep slope conditions. The setback reductions are necessary to accommodate the steep slope and pre-existing lot configuration. Permitting the requested minor exceptions will allow the subject lots to be developed similarly to other lots in the area which do not have these unique constraints; and Page 414 CITY COUNCIL RESOLUTION NO. 2026-XXX DRC2024-00373, DRC2025-00261, DRC2025-00263 March 4, 2026 Page 4 d. The granting of the minor exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone, and will not be detrimental to public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The Minor Exception will allow the applicant to construct pads and building footprints on the parcels identified in (a) above such that these lots and house sizes will be similar to other lots in the area which do not face the same topographical constraints. Thus, the proposed minor exceptions will not constitute a unique privilege, nor is it likely to impact public health, safety, and/or welfare. 5. The City Council also hereby makes the following findings in support of Variance DRC2025-00263 pursuant to Development Code Section 17.20.030. a. Strict or literal interpretation and enforcement of this specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this code. The specific lots to which the requested Variance will apply are as follows: TR16072-1 Lot 97, and TR16072-3 Lot 18. The variance is requested to allow for a deviation from the minimum five-foot setback between the perimeter wall and the sidewalk on these lots. Due to the topographical constraints of the project site and the existing layout of the parcels to be developed, strict or literal interpretation of this regulation would result in the developer not being able to construct housing product of comparable size to other similarly situated properties throughout the project area, which would be inconsistent with the objectives of the code. b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. The subject project area comprises approximately 80 acres located within the northeast portion of the City. This area is characterized by steep terrain and proximity to seismic fault zones. Further, the underlying subdivision map upon which the project proposes to construct 188 single-family residences was approved in 2004 at such a time that development standards in place today did not exist. As such, exceptional or extraordinary circumstances exist which do not apply generally to other properties in the same zone. C. Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. The granting of the requested variance is necessary in order for the subject lots to accommodate single-family residences of the size which are enjoyed by the owners of other properties in the same zone. Specifically, the existing lot configuration and the topographical constraints of the site including steep slopes would prevent the applicant from developing the subject lots identified in (a) above the ability to develop to the size of other similarly situated lots in the vicinity while maintaining the 5-foot perimeter wall setback requirement. d. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Due to topographical constraints and the existing lot layout, the two lots identified in (a) require a variance to be developed to a size consistent and compatible with other properties in the same zone, and the project as a whole. Thus, no special privilege is granted as the variance is intended to maintain consistency of development in the project area. Page 415 CITY COUNCIL RESOLUTION NO. 2026-XXX DRC2024-00373, DRC2025-00261, DRC2025-00263 March 4, 2026 Page 5 e. The granting of the variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The granting of the variance is intended to allow for housing on the select lots identified in (a) to be developed in a manner consistent with the rest of the 188 lots in the project area. Setback is still provided to the subject sidewalks from the perimeter wall. It is not anticipated that the reduced setback will constitute a safety concern, or that the variance will otherwise be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. All properties which obtain the granting of a variance are still required to comply with all applicable building and safety codes and regulations. 6. Planning Staff have determined that the project complies with the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. An Environmental Impact Report was certified by the City Council on June 16, 2004, as part of the original approvals of the underlying subdivision for the project site, SUBTT16072. When the EIR was certified and the subdivision was approved, the City Council adopted a statement of overriding considerations for several unavoidable significant environmental impacts, including air quality. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless (1) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has reviewed the project for compliance with CEQA. As the project only involves the construction of housing product and associated features such as walls within the boundaries of a previously approved and previously graded subdivision, staff has determined that (i) no substantial changes are proposed that indicate new or more severe impacts, as the construction of single family homes was the intended outcome of the original subdivision as included in the project description of the Environmental Impact Report, (ii) no substantial changes have occurred in the circumstances under which the project was previously reviewed, as the mass grading, lot grading and street work activities that have already occurred in preparation of the construction of single family homes was analyzed in the 2004 EIR, including the adoption of a Statement of Overriding Considerations for air quality impacts and an adopted Mitigation Monitoring and Reporting Program, (iii) no new important information has been presented as part of this application which shows that the project will have new or more severe impacts than previously considered as the project is for the design review of single family homes on already graded lots and (iv) there are no additional or different mitigation measures which are now feasible or which could be imposed to substantially reduce impacts. The project has undergone significant grading and construction activities prior to and during the Design Review application process under the certified EIR and adopted Mitigation Monitoring and Reporting Program. Accordingly, this project is exempt from further review under CEQA and this analysis serves as an Addendum to the certified Richland Communities EIR (SCH#2002091053). The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgement, concurs with staff's determination of exemption. 7. Based upon the substantial evidence presented to this commission during the above-referenced meeting and upon the specific findings of facts set forth in paragraphs 1, 2, 3, 4, 5, and 6 above, the City Council hereby approves the application subject to each and Page 416 CITY COUNCIL RESOLUTION NO. 2026-XXX DRC2024-00373, DRC2025-00261, DRC2025-00263 March 4, 2026 Page 6 every condition set forth in the Conditions of Approval, attached hereto and incorporated herein by this reference. 8. The City Clerk shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 4th DAY OF MARCH 2O26. City COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: L. Dennis Michael, Mayor ATTEST: Kim Sevy, City Clerk I, Kim Sevy, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 4th day of March 2026, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Page 417 r RANCHO CUCAMONGA . ........ ..... J 4 't- '1 � a � � .,+ � � _ �.Y �. .. �" �-�r..T ����, - ��G r�r � .. �� �, r s`H. ���� � ���. :• � ""Air 44ir _ y �� 46 - N,.:Er`. L•r� - '+ � d. .5p. ..v - t, r,■ 7t. i r .. Y Y -yam-,•A4 .� jw - i - ! !Illllll IL � w k ` _Apt t _ * Pit. f � I _ 77 or, - - err•: 4 '. . . �5, .� � .,:��4 �.. .,h � �, � _ Y.� -� .y zap ca ry • `��� � i ..-4.'��{' � , .�':� „� � • } ��}� �, `''�• .7Ye. .- f 5 fig,^._ -� � fit'• �- _ `�` Case 'ilk 20- 2 , th dddmmL '411, r Who : Toll Brothers What: Design Review, Variance , and Minor e _ Fl- Exce tion for 188 singlefamily homes located 'AW Ilk . y in the Low Residential ( L) zone . - - Where : Approved Tracts 160721 and -4 .. 16072 31 NEC Etiwanda Avenue and Wilson { . Avenue 1;0 7 a s, f ll ;- x •3 __ .. . : When : L A Deemed Complete on January 16 , 2025 ; ° -- _ DRC on November 4 2025 P.1 , ff EA. x PC Approved on January14 , 2026 jj f • Project Appealed on January2-1, 2026 DRC2024-00373 2 qr1 10 9! 1M • I 1 a>1L >,.unnirrun I I I _ E71WAN 57 5e ssJ J I i3 r22 Zi 51 IWI I- 6e e� sc 651 .9 °� ,Q� .' �. ` ` = = I • Approve d Tracts 16072 - 1 and 16072 -3 ,�$ o I LIV OR^ .. �b f NWC East Avenue and Wilson Avenue . EIR I N cc WA 4 certified In 2004 . 2, ❑ '~ {- }� j 23 aW a 1 — — n7 18 4f (� ' - - '� II • Final ma (2023 ) andgrading p IU (2024 ) issued ,p � eo 27 f �A2 87 E9 65 fi7 r J 50 5, I , I -�- --- -°" ° - - - S1 d9 d,' � - Part of larger sin le -famil residentia1 75 d, single -family i 8, cc. so 5s s7 se 65 f M 99 - I M 77M 20749 2z — NOT A PART development in tandem with a n o th e r zz—� C7 It - E kir° _ �, IN MIL AVE developer (Lennar Homes) Q I J P CVWD TRSATMEN7 PLANT TFi i9ii3 `� y f DRC2024-00373 3 Md Zica mmi ISO - _ ,� @tip �-�-ems-•_- _ - ��w _ _ .°a►.._ - - �_ _ ,AC+ -�_= ' .a 1 _ - - - _ __ - - 4. tk _ ... :.mac'` -ea•A: - - _ • -ter.'- ti• f y-. - - . ' .qi-,'. 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L-1 L---J L .. _ 7 as a T 17 a—i 1-r �aa Y'w r'i Y�a r�a�Y�Y.�0'�` w�i��M `L a�i i�iai o Ll 1-1 ' El1 iwT'.,.a ■Jf 1J4 ,. ''T :,. llllll � ���� Mimi imimm ME law tf �� 1I Irmw F AM Sir I I w m r rmw ENO - -- __ PR I 4 31 17- DLO SPANISH CONTEMPORARY L2 .4 3 ' 3'0 TRANSITIONAL I - OL IL ■ �. ■ MODERN FARMHOUSE COASTAL CONTEMPORARY ARCHITEC a�rax: IN I I oil a■ a4nrr xr�:xr-ate:x� 9■ f'141 y #.■� c ■ e�. ¢v E:11:11 .�1E� * ■.aa-Si ��w A LJ � F m L.�� J�� w��nr A•Nf r•w�•LL��wr•L.f in rwYf ow 11 LA l MIKE- L � L L L � ■�■ y . I t AM ` Jnz i � I it IIII I i l i �r �L I f \ w7 R iffio Iliq Rill �I�'fl'�e r�c� ' \��jj�i►" ��1(SUY�I�I� �, �'� � �lZ�.� „�'� ��, ` - -�. ������ 10IFJ1 ��.r �--_--�-�. ,,®a�� �_ . � ♦ j o, �� III I 1 1 I I LOT ,t-r - y N{ J FEATURE LEGEND: f1 t03 I�r` � _ da I�wgE:�p.w.�xwo,tusErEnL+ecprrusEv 6 CiPaN7F,MISR PPrPf1SE 1PJvl J a r *•� � `� 4:J TRALN.Wr'13NLACATuu FE81Hrl•EFFORREPNI010. (D 7+ORT+UEE1}601d.F. 4 ICCNCAEEE ROIIC TJ�HIE. I LI-I 'I S {71PSFf1}SIOhE PhYRIG lul , l r �.'l lJ aCCEiilEL4 C�uWLUFi flseBF4lIEGHI. I . I' � l_.- y^ -) � OVERFfhP97lR71C9F31W-CR.RE. �{ - RMLWt S,r[L+•SEY rMU R[rR rO CO-C[NU-L w4L I w FP+CE rw+IMPl-1 00 4 PExwPSEErrATIOII. Lam} T� PULWAY RAOMx7MFE. "TL _ C-[nKAO6+AEM1�AEH CIIUHEAD ME TRPl16 STRLk-M T- �1Y/J / APV SEAING.r[E9X�r H17 H]4llEVA>� L ,A :/ l r _, f+ •tiy! 1 � 4x1PSC1.PE a.GCEFJ19044o€R€ G&MME1DCW'RJWRHG. NEEN'A EIR3QM NNLPh1 COLOF 0911CW11 PAIXN'AT. _ y PFMOhWATK)14MCREWGIMEN.Tn4LA-DSCNM " '� - SOP�uS.N+G4IAR CAAV[LPMTArl�TS AXIPQ,IISR[P ' l r _ SrCY{rrd Cu nr RINILR rA[145. - �yrG E<¢Ir�rx�cr�>4sEn GRnEaEE.wELnPlAfcff rein FEATURE LEGEND: ',8 - .. * � � SEATRG HOO[5'rIM PR[C/LSI COIt7i[R AL�6ri RSCR E ,• }8� -___ + '~ff 4 I��. �,' xAN$fjSfglG. . A `� % [} O I�X AWdE ACTr+11E'+SLE[JI 4'+E wG _ / a koruMartmmE1x slEPf FS Hr. .� `- .� ...� "fT * _ •�/ • * y � SwrnELu v,arEeour>Ers�nrTalwnlrs. a � I, t � �` I * I.l VECErArE3P SwN.EYNrX GTCXB'tSN G1CX BNNB[i Hr _s + t ' `. {may .S If C9 F- 'y V. ti ( � � i• s] E'Fr wAPIE STATICH. 5 K t �I 4 rn lX xua ulM vt�M IRO4G Ia'S,LR+1 CQGR 014 _ Y a OBEcHif CD K lA,g7Ar WIH LAATRkWWA S LAN LOCi.TIOHS TOMIly GrH9r. WYi LV8 PA6[HA7S lFF[1@-1PE PIAMHY ORi�i. DOLkr*K CnF ROO.P HIHTWr, I4QCRJSH�Sr4N.*CHL.VPL Irf � ,. � PICNCNCCEWIIHE1CNIc rbHIE IT . -__ + "s * * VREFUGAISPEP 0-t O-6i+EMN.AW �+ ,f p 3.W A.1I7R LFEMU. 4'' ' VMARDPL AMWMCR_6HE1}SrGHEMLILCl41AM. Y ' !J} FC-c r-ke }7 Lr ��. r• '�,F i L It r ` OYE%hD31FE 7rElLLS S'Fr 1CI,1RE. L £ I �, 54UD P1wf 3HAPC SR,LIGIUR P+,R++4LESRII[ B.i4'^ ..... ALCMUE CWA6RAPE wEBPEC,PEP. �" ._ [� CRPSFE7757CHE lh1F7 FORAN'FilEri AIPCE ACCES. �. ,y y � iiF+55vE+00wR_+wDxG LANDSCAPE ACCDA EIOLUMIS r P.�ti •` SH EET KEY: � �.ti� .��:.ra. _ --•-� ter:I - _ - �. A titer rF ~1 ~ .- •,.J:-. . I WF&4TIW,AIOTE: CUFMPJT WATER EFFICIENT M161gAAHiPPE.NVO 11dE 5 � OPPoIEFrr YAS,FR EFFICEPNr IFP-0CJLROT7 EOUFMEXT. L Y ~A M ih Ow[1 w�. Pounlf.ra cOLrLYwTm Mj:rib Y r f + cua+Houno RPE PNDTECRCH D-URCT WEILA[trJRM h1EAF4CE FIRE BAEs dAIWJPEA THE RUX PLAMMSAW SLOPE PLOMM L-a Il • MADELIME R ANO C33M SECTI.HG 17AU10LEA.171DIM C&17.-MiffITI. T7.1Y0.[b.�I.rNP a7AL.0.10. i F I 1' N,n itDiGT1GMM[]R: P� 1 1 1 Ftvrtlxcx�o vno¢uw.slwu roLLauun mroLrvnm nuan fupIREADPNfrmEITH!LQU FUhE&E &.PEF6E[IE PffCC flRE SBEn6.IC,5.IrE4.iNE9E IXI�ELIEEStru 8.f'ERHE6E uL OTrf h /LwelxC QIGhIrES. Appellant claims: Staff response: • New Feasible mitigation measures since the 0 there are no new mitigation measures which 2004 EIR wa s certified would substantially reduce impacts • There have been changed circumstances 0 There are no changed circumstances • There are new impacts since the 2004 FIR was 0 The application involves build-outs of certified previously approved/ graded lots; there are no new impacts DRC2024-00373 25 0 0 0 11� 40 1 Appellant claims: Staff response: • The project under appeal and the associated Both projects have been reviewed within the Iennar project have not been considered context of the original 3 54 -lot subdivision and together for the purposes of Fnvironmental the associated IIR, which accounted for the Impacts. (Piecemealing) future residential development of the subject lots. DRC2024-00373 25 Staff recommends the City Council adopt the attached Resolution 2026 -012 denying the appeal and upholding the Planning Commission 's decision to approve the project as presented . Adoption of Resolution 2026 -012 shall also adopt the facts as presented as an addendum to the certified Richlands Communities EIR (SCH# 2002091053 ) DRC2024-00373 25 CITY OF RANCHO CUCAMONGA DATE: March 4, 2026 TO: Mayor and Members of the City Council FROM: Elisa C. Cox, City Manager INITIATED BY: Mike McCliman, Assistant City Manager/ Fire Chief Julie A. Sowles, Deputy City Manager SUBJECT: Consideration to Approve the City Council's Mission, Vision, Values, and 2026 Goals. (CITY) RECOMMENDATION: Staff recommends the City Council reaffirm and approve its Mission, Vision, Values, and 2026 Goals. BACKGROUND: Each year the City Council engages in team building workshops to review and develop goals and to discuss related legislative matters. On February 9, 2026 the City Council discussed its mission, vision, values, and goals. The Council reaffirmed their alignment with the existing mission, made some minor changes to their vision and values statements, and made recommendations for their 2026 goals. ANALYSIS: The following results from the February 9, 2026 team building workshop are presented for formal approval: Mission Continuously ensure and advance the quality of life for the community through inclusive decision making. Vision To create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive. Values • Courageous leadership in service to the community • Safe and healthy community • Sustainable future • Excellent quality of life • Community engagement • Commitment to prosperity • Family-oriented atmosphere • Relentless pursuit of improvement Page 418 Goals • By the end of July 2026, implement the Drones as First Responders Program. • By the end of December 2026, a schematic design of a Fire Administration building and Emergency Operations Center (EOC) will be ready for submittals. • By the end of September 2027, present to the City Council an update on the ATMS Master Plan. • By the end of January 2027, present to the City Council a draft of The Next 50: a Strategic Plan for Fiscal Sustainability. FISCAL IMPACT: None. COUNCIL MISSION /VISION /VALUE(S) ADDRESSED: Annually adopting goals and reviewing the City Council's mission, vision, and values reflects Council's commitment to ensure and advance the quality of life for the community. ATTACHMENTS: None. Page 2 Page 419 RANCHO CUCAMONGA City Council Vision , M ission , Va l ues , and 2 G026oa Is RANCHO Mission f CUCAMONGA Council ' s mission statement establishes out organization ' s pu rpose a nd serves as a foca l poi nt for cu rrent a nd f utu re endeavors . Continuously ensure and advance the quality of life for the community through 0 0 0 0 0 inclusive decision making . RANCHO Vis io n f CUCAMONGA Cou nd I ' s vision statement defi nes the ta rget outcomes our organization seeks to accomplish in the future . To create an equitable, sustainable, and vibrant city, rich in opportunity for all to th rive. RANCHO Cit CouncilValues YCUCAMONGA • Courageous leadership in service to the community • Safe and healthy community • Sustainable future • Excellent quality of life • Community engagement • Commitment to prosperity • Family- oriented atmosphere 0 Relentless pursuit of improvement RANCHO Goal # 1 : Drones as st Res onders f CUCAMONGA p By the end of J u ly '-� - — ----- ..- . I' 2026 , implement the Drones - as First Responders Program . i LEW RANCHO Goal # 2 : Fire Administration / EO f CUCAMONGA ' By the end of December 2026, a - schematic design of a Fire Administration building and Emergency Operations Center ( EOC ) wi l l be ready for submittals . l-` U AM N A RANCHO Goal # Plan r By the end of September2027 , to the City Council an update on the ATMS Master Plan . • R Y �r 5 U M N RANCHO GoalNext 50 r GA By th e end of Januar\�J// 2027 resent to the Cit Council aV� OIL } ���;,`. _..-_ �_•_��~� �._ Tom- .��{ �.� _ �-. _ draft of The Next SO : aOr Strategic Plan for Fiscal k' Sustainability. loop- 3L VAP f Cr��� RANCHO CUCAMONGA Questions