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HomeMy WebLinkAbout2007-046 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2007-46 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN ACKNOWLEDGEMENT OF A LEASE BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AND PINE TRAILS PARTNERS, LLC, RELATIVE TO A PROPOSED ASSESSMENT DISTRICT IN THE PINE AVENUE AND REDWOOD STREET AREA, TENTATIVE TRACT NO. 17716. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, an Acknowledgement of a Lease between the Metropolitan Water District of Southern California and Pine Trails Partners, LLC, relative to a proposed Assessment District in the Pine A venue and Redwood Street area, pursuant to the Conditions of Approval for Tentative Tract No. 17716, said lease is attached hereto as Exhibit "I" and made a part hereof. SECTION 2. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of the resolution. /1/ /1/ 01/23/2007 I 1 2 3 4 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN ACKNOWLEDGEMENT OF A LEASE BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AND PINE TRAILS PARTNERS, LLC, RELATIVE TO A PROPOSED ASSESSMENT DISTRICT IN THE PINE A VENUE AND REDWOOD STREET, TENTATIVE TRACT NO. 17716. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a ;oint regular held on the 20th day of February Council Members: AYES NAYS ESTRADA x BAXTER X BRINKER X DERRY X KELLEY X JOHNSON X MCCAMMACK X 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 meeting thereof , 20~, by the following vote, to-wit: ABSTAIN ABSENT ~~ k.~ The foregoing resolution is hereby approved thiso(/~,....-day of February Ap roved as to form: 7-.~ ES F. PENMAN, City Attorney 01/23/07 2007 ,~ or 2 " 2007-46 LEASE R. L. 2470 MWD Foothill Feeder (Fee) MWD Parcel No. 1606-30-5 (Ptn) APN 0261-101-08 This Lease is made by and between THE METROPOLIT AN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, hereinafter referred to as Lessor, and PINE TRAILS PARTNERS LLC, hereinafter referred to as Lessee. I. DESCRIPTION OF PROPERTY. Lessor hereby leases to Lessee, on the terms hereinafter set forth, that certain property hereinafter referred to as Property. Said Property is described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by reference. 2. TERM. The term of this Lease shall be from year-to-year beginning on March 1. 2007. This Lease may be terminated in accordance with the provisions of Paragraph 9 herein below. 3. USE. Property shall be used for passive greenbelt purposes only. Recreational improvements, organized sporting activities, and equestrian activities are specifically not permitted, in addition to any other uses, which may be considered, at Lessor's sole discretion, deleterious to its current or future operations. Lessee's use of Property shall comply with all applicable laws, ordinances and regulations. Property shall not be used to fulfill requirements for setback, park or open-space dedications or in-lieu fees or any exactions requisite for development. This Lease is subject to Lessor's paramount right to use the Property for water conveyance purposes. Lessor is a public utility and acquired the Property for drinking water conveyance purposes, including but not limited to long term operation and maintenance of its Foothill Feeder. Lessor reserves the right to use the Property for any and all future uses necessary for Lessor's water conveyance purposes, including but. not limited to maintenance, repair, and replacement of the existing Pipeline and appurtenant facilities, and/or installation of additional subsurface and surface infrastructure. Lessor's rights to use the Property for water conveyance purposes, as described in this paragraph, are collectively referred to hereafter as the "Paramount Right." Lessor is not responsible for repair or replacement of Lessee's improvements in the event Lessor .exercises its Paramount Right. 4. RENT. The basic annual minimum rent shall be $2,325 payable in advance of the next rental term. 5. DETERMINATION OF FUTURE RENT. Commencing as of the end of the second full year of the term and each and every two-year period thereafter, the Rent shall be adjusted by multiplying the Rent in the current year of the Lease by a factor which shall be the f\""'~ " , , 2007-46 Lease R.L. 2470 -2- ratio of the Annual A wrage of the United States Consumer Price Index - All Items for the last prior year of the concluding two-year rental period to the Annual AI'erage of the Consumer Price Index - All Items for the year 2005 as reported by the United States. Department of Labor. Bureau of Labor Statistics, and published in its monthly publication "Survey of Current Business" which factor is 195.3 provided. however. that the basic minimum annual Rent shall in no case be less than $2.325.00 notwithstanding the above. Computation of the above ratio shall be carried to four decimal places and rounded to the nearest III OOth with the computation of Rent resulting from the application of this ratio rounded to the nearest dollar. The calculation to arrive at the new Rent is as tallows: New Index Year Base Index Year ~ Factor x Rent ~ New Rent In the event that the U.S. Department of Labor, Bureau of Labor Statistics, shall cease to report, or change its method of compiling and/or reporting the Consumer Price Index - All Commodities used in the above ratio. such other index as may be substituted in place thereof by the appropriate governmental agency of the United States then having responsibility for such compilation and reports of Consumer Price Indices, subject to any necessary adjustment of such Index appropriate to its continued use in determining the ratio set forth above. shall be used. In the event that such substitute index is not provided. or proves unsuitable lor determining the above ratio, then such other index appropriate to such use. as mutually agreed upon by the parties hereto, shall be used. Notwithstanding the above calculations, the rent increases shall not exceed five percent (5%) at any given adjustment period. 6. RENTAL PAYMENTS. All rental payments shall be made payable to The Metropolitan Water District of Southern California and mailed to Post Office Box 54153, Los Angeles. CA 90054-0153. with the Lease R.L. number noted on the check and on the face of the envelope. 7. LA TE PAYMENT CHARGES. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficuIt to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor within 20 days after such amount shall be due. Lessee shall pay to Lessor a late charge equal to ten percent of such overdue amount. In no event shall the late charge exceed the maximum allowable by law. The parties hereby agree that such late charge will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a ~()Y{ " 2007 -46 Lease R. L. 2470 , -J- waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. 8, RETURNED CHECK CHARGE. Lessee shall pay to Lessor a fee 01'$100 for any checks returned, plus. Lessee must pay to Lessor any and all other fees incurred with such return. If Lessee has two returned checks within any 12-month period. Lessor shall not accept personal checks for any current or future payments due under this Lease. In this event. acceptable payment shall be in the form of cashier's check. money order, or cash delivered in person to Lessor's Accounts Receivable Section located at 700 North Alameda Street, Los Angeles. C A 90012-2944. 9. TERMfNA TIO;-.J. This Lease may be terminated at any time by Lessor or Lessee upon 30 days' prior written notice. Notice is to be deemed given upon the mailing thereof. postage prepaid, to the recipient at its address set forth below. In the event the Lease is terminated between the anniversary dates in accordance with the provisions of this clause, there shall be a pro rata refund of any rent paid in advance for the remaining term. Violation of any term. covenant, condition or provision contained herein shall be cause for termination of the Lease. unless corrected within ten days after Lessor's written request to do so. 10. LOAD LIMIT A TION. If Lessee plans to use any equipment or engage in any activity on Property which will impose loads greater than AASHTO H-20. Permittee shall submit the specifications of such equipment for review and written approval by Lessor five working days prior to its use. II. IMPROVEMENTS. No structures (lr improvements shall be constructed or maintained on the Property vvithout Lessor's written consent first had and obtained. 12. REMOVAL OF IMPROVEMENTS. All structures and/or other improvements placed on Property by Lessee shall be the personal property of Lessee and shall be removed by Lessee from Property by the last day of the Lease; provided. further. Lessor may keep, or dispose of at Lessee's expense. any real or personal property not so removed. 13. V ACA TING THE PROPERTY. At the expiration of the term, or at anv sooner termination of this Lease, Lessee shall quit and surrender possession of Property and its appurtenances to Lessor in as good order and condition as Property was delivered to Lessee. reasonable wear and tear and damage by the elements excepted. 14. MAINTENANCE. Lessee shall, at its sole cost and expense, keep Property free of weeds, trash and debris, and shall comply with all applicable laws and regulations concerning the use of Property. ~.f'. C/. " 2007-46 Lease R,L. 2470 . -4- 15, HAZARDOUS SUBSTANCES. For purposes of this Lease. the term "Hazardous Substances" means: (a) any substance, product. waste. or other material of anv nature whatsoever which is or becomes listed, regulated. or addressed pursuant to the Comprehensi\e Environmental Response. Compensation, and Liability Act (CERCLA), 41 United States Codc 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 180 I et seq.; the Resources Conservation and Reco\ery Act. 42 United States Code Section 690 I et seq.; the Clean \Vater 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 California 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 Laws"); 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 hereafter 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; and (d) asbestos. a. Lessor warrants and represents that as of the date hereof there are no Hazardous Substances in or about Property and that Property and improvements thereon do not violate any applicable Federal, State or local statutes, ordinances, regulations. rules or other requirements, and that there is not presently pending any proceeding before any Federal, State or local tribunal or agency, the outcome of which would diminish or preclude Lessee's use of Property as permitted under the terms of this Lease. Except as so provided, Lessor makes no warranty or representation whatsoever concerning Property, including without limitation, the condition, fitness or utility for any purpose thereof. any improvements thereto or personal property located thereon. or compliance thereof with applicable laws, ordinances or governmental regulations: and the Lessee's right to use Property is strictly on an "as is." basis with all faults; and Lessor hereby disclaims all other warranties whatsoever, express or implied, the condition of the soil (or water), geology, and any warranty of merchantability or habitability or fitness 1',.11' a particular purpose. b. Except as otherwise specifically permitted under the terms of this Lease, Lessee shall not use, create, store or allow any Hazardous Substances on Property. Fuel and other Hazardous Substances stored in a motor vehicle for the exclusive operation of such vehicle and storage batteries used for emergency power are excepted. f'CI<. '. 2007-46 Lease R.L. 2470 . -5- l:. In no l:ase shall Lessee cause or allow the deposit or disposal of any ,ul:h Hazardous Substances on Property. d. No underground storage tanks shall be installed on Property. e. Lessor or its officers, employees, contractors, or agents shall at all times have the right to go upon and inspect Property and the operations conducted thereon to assure compliance with the requirements herein stated. This inspection may include taking samples for chemical analysis of substances and materials present and/or testing soils on Property and taking photographs. f. Lessee shall. within a reasonable time, either prior to the release by Lessee or following the discovery by Lessee of the presence ot~ or believed presence of, a Hazardous Substance as defined herein, give written notice to Lessor in the event that Lessee knows or has reasonable cause to believe that any release of a Hazardous Substance has come or will come to be located on or beneath the subject Property. The failure to disclose in a timely manner the release of either a material amount of Hazardous Substance or an amount which is required to be reported to a state or local agency pursuant to law (e.g.. California's Hazardous Materials Storage and Emergency Response Act, Health and Safety Code Section 25550 et seq.) may subject Lessee to a default under this Lease in addition to actual damages and other remedies provided by law. Lessee shall immediately clean up and l:ompletely remove all Hazardous Substances placed by Lessee on Property, in a manner that is in all respects safe and in accordanc.: with all applicable laws, rules and r.:gulations. g. Lessee shall disclose to Lessor the specific information regarding Lessee's disposal of any Hazardous Substances placed on Property by Lessee and provide written documentation of its safe and legal disposal. h. Breach of any of these covenants, terms, and conditions shall give Lessor the authority to immediately terminate this Leas.: and/or to shut down Lessee's operations thereon, pending rectification of the breach. in which case, Lessee will continue to be liable under this Lease to remove, and mitigate all Hazardous Substanl:es placed by Lessee on Property. Lessee shall b.: responsible for. and bear the entire cost of removal and disposal of all Hazardous Substances introduced to the Property by Lessee during Lessee's period of use and possession of Property. Lessor may pass through to Lessee any and all costs ofremoval and mitigation of Hazardous Substances incurred by Lessor as a result of Lessee's activities on Property. Notwithstanding th.: foregoing, Lessee shall be responsible for any removal mitigation or decontamination. on or off Property, necessitated by the presence of such Hazardous Substances placed on Property by Lessee. Upon termination of this Lease. Lessee is required, in accordance with all bws. to remo\"<: from Property any equipment or improvements placed on Property by Lessee that could be contaminated by Hazardous Substances. 'CA ~ 2007-46 Lease R.L. 2470 -6- i. Lessee shall defend. indemnify and hold Lessor and its ofticcrs. employees. contractors or agents harmless from any claims. liability. injury. damage. costs. or expenses (including. without limitation. the cost of attorneys fees) arising as a result of the presence or use of any Hazardous Substances caused to be placcd by thc Lessee on Property during the term of this Lease. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107, subdivision (e) of CERCLA. 42 United States Code Section 9607. subdivision (e). and to California Health and Safety Codc Section 25364, to insure. protect. hold harmless and indemnify Lessor from any liability created by the Lessee pursuant to such sections. IHA VE READ AND UNDERSTAND PARAGRAPH 15 HAZARDOUS SUBSTANCES. Lessee's Initials ~ 16. ACCESS. Lessee shall provide and maintain uninterrupted vehicular access in and across Property to Lessor and its employees. agents and contractors. If applicable. Lessee shall provide a means for Lessor to place its locks on gates. 17. ENTRY BY O\VNER. Lessee shall permit Lessor to enter upon Property at any reasonable time for the inspection thereot: or at any time in connection with any work which may be required thereon. and Lessor shall not be liable for any damage to Lessee's personal property in the course thereof. 18. PREVIOUS LEASES. In the event there is any existing lease between Lessee and Lessor (or its predecessor-in-interest) covering Property, it is agreed and understood that this Lease shall cancel, supersede and terminate said prior lease as of the effective date of this Lease. 19. ASSIGNMENT OR SUBLETTING. With the exception ofa City of San Bernardino Landscape Maintenance District, Lessee shall not assign this Lease, nor sublet Property, without the prior written consent of Lessor. and a consent by Lessor to one assignment shall not be dcemed to be a consent to any subsequent assignment or subletting. Any assignment or subletting without the written consent of Lessor shall be void and shall, at the option of Lessor, terminat~ this Lease. Lessor is hereby exempt from participation and assessment of any kind whatsoever in a Landscape Maintenance District. 20. TAXES. The possessory property interest created by this Lease may be subject to property taxation, and Lessee may be subject to the payment of property taxes levied on such interest by the County. Lessee is required to pay any such tax directly to the County. ~#- 2007-46 Lease R.L. 2470 . -7- 21. MECHANICS' LIENS. Lessee shall keep Property free from any liens arising out of any work performed. material furnished. or obligations incurred by Lessee. or any tenant or subtenant thereof. 22. WAIVER. The waiver by Lessor or Lessee of any breach of any tenn. covenant. condition or provision, hereinafter referred to as Terms, contained herein, shall not be deemed to be a waiver of such Terms of any subsequent breach of the same or any other Terms contained herein. The subsequent acceptance of rent by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any Terms of this Lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. 23. ATTORNEYS' FEES. The prevailing party in any action brought by either party hereto, based on any claim arising under this Lease, shall be entitled to reasonable attorneys' and/or consultants' fees. 24. LIABILITY INSURANCE. Lessee has furnished insurance in the minimum amount of$I,OOO,OOO in accordance with the Certificate ofInsurance attached hereto as Exhibit "C-I." A review of the insurance coverage will be made every two years in order to adjust the coverage to be commensurate with the appropriate insurance coverage existing for similar type leaseholds at the time of review. Failure to maintain a current Certificate of Insurance on tile with Lessor evidencing such insurance shall be cause for termination. Said insurance shall meet the following criteria: a. thereof, Remain in effect throughout the term of this Lease anJ an) renewals b. Name Lessor as additional insured, c. Shall obligate the insurance carrier to provide not less than a 3D-day notice of cancellation or material change to Lessor affecting the coverage of the policies. Lessor shall have no liability to Lessee or to any insurer, by way of subrogation or otherwise, on account of any loss or damage to Lessee's respective property, or the Project, regardless of whether such loss or damage is caused by the negligence of Lessor or Lessee, arising out of any of the perils or casualties insured against by the property and/or liability insurance policies carried. The insurance policies obtained by Lessee pursuant to this Lease shall permit waivers of subrogation that the insurer may otherwise have against the non-insuring party. In the event the policy or policies do not allow waiver of subrogation prior to loss, Lessee shall, at the request of Lessor, deliver to Lessor a waiver of subrogation endorsement in such form acceptable to Lessor. If such an endorsement is not available and the Lessee's insurer pursues separate legal action against the Lessor, the Lessee shall be responsible for all legal fees and payment of any funds Lessor is legally held obligated to pay. Prior to an assi"nment of this Lease to a Citv of San Bernardino Landscape Maintenance o , District, the Landscape Maintenance District shall furnish Lessor with a letter evidencing the fl'- Cfl Lease R.L. 2470 2007-46 -8- establishment of its self-insurance program. Proof of a bonafide self-insurance program, in accordance with the terms of this section, shall satisfy all insurance requirements under this section. This program shall remain in full force and etTect during the term of this Lease subsequent to the assignment to a Landscape /vlaintenance District. 25. ASSUMPTION OF RISK A\lD I;-';DEM;\/ITY. Lessee assumes all risk of loss to itself, which in any manner may arise out of the use of Property under this Lease. Further. Lessee hereby agrees to indemnify and defend Lessor and its directors. officers. and employees against any liability and expense, including the reasonable expense of legal representation whether by special counselor by Lessor's staff attorneys, resulting from injury to or death of any person, or damage to any property, including property of Lessor, or damage to any other interest of Lessor, including, but not limited to, suit alleging noncompliance with any statute or regulation which in any manner may arise out of the issuing of this Lease, or use by Lessee of Property, or any adjoining land used with Property. 26. AMENDMENTS. The provisions of this Lease may be amcnded by mutual written consent of the parties hereto. 27. SECURITY DEPOSIT. Lessee shall deposit with Lessor $2.325 as a guarantee for faithful performance of the conditions of this Lease. Lessor may use such amounts as are reasonably necessary to remedy Lessee's default; in the payment ofrent, to repair damages caused by Lessee, to clean the premises, or to replace personal property or appurtenances exclusive of ordinary wear and tear, upon termination of the Lease. No later than two weeks atter Lessee has vacated the premises, Lessor shall furnish Lessee with an itemized written statement of the basis for, and the amount of, any security received and the disposition of the security and shall return any remaining portion of the security to Lessee. 28. NO RELOCA nON ASSISTANCE. Lessee acknowledges that Lessee is not entitled to relocation assistance or any other benefits under the Uniform Relocation Assistance Act or any other applicable provision of law upon termination of this Lease. 29. This paragraph intentionally left blank. 30. TIME. Time is of the essence of this Lease. 31. NOTICES TO LESSOR. All notices, certification of insurance. and or demands required or permitted to be given to Lessor hereunder shall conspicuously bear the legend "NOTICE UNDER FACILITY LEASE R.L. No. 2470 and Lessee's identification tile number, code or ID on the notice itself and on the envelope containing the notice, shall. until contrary instructions are given to Lessee in writing. be effectively given to Lessor when delivered simultaneously by hand or mailed by registered or certified mail, return receipt requested, to Lessor, Attention: Asset Management, The Metropolitan Water District of Southern California, P. O. Box 54153, Los Angeles, California 90054-0153. tf( 0..... '. .. Lease R.L. 2470 2007-46 -9- 32. NOTICE TO HOMEBUYERS. Lessee shall provide a complete copy of Lease to each of the home buyers within Lessee' s adjacent development prior to close of homebuyer' s escrows. Lessor's Mailing Address: Post Office Box 54153 Los Angeles, CA 90054-0153 Attention: Real Estate Services Linit Telephone: (213) 217-7750 THE METROPOLITAN WATER DISTRICT OF SOUTHER01 CALIFORNIA DcJ (yk CJf Date Execllled: 1/lf (07 Jeffrey Kightlinger ~~ By ~ Jill . Wicke Manager, Real Property Development and Management Lessor Date Executed: 3/!l6/0") , Lessee's Mailing Address: PINE TRAILS PART;-.JERS, LLC A California Limited Liability Company 101 Main Street Suite A Seal Beach. CA 90740 Telephone: (562) 430-0503 IiU:.. . '7 ~ / /'" }-t..e "J.c~ By 'd1J "'7~-'<--- Rd,(;-"f W M'-C".,e.. V'd_ )>",.',,}I--,. I James R. Watson A ~I... " ~ I n 1-\.. .... I...t', ~'Yl\.,tl.fcr/ Authorized Signatory J Approved as to form: 7-. IL..- ES F. PENMAN. City Attorney Acknowledgement: CITY OF SAN BERNARDINO II er- .. 2007-46 1':\1111111 \ i li0(, ,il).: / I\)nj\~l\ I I ~\\\rhjll h:~d~l RiJI!o l'i;h:lillt 1,:.hC Rl ":.f'O \1\\1) I,) l'\n~ ! I.Iil-. 1':lr!Ih..'r...1 Ie. I h:lI PUI'!il,n l,r Hh.'l.:k .;t). 1;\ 111~hl/l 1.,llId .u1I1 W.:h.:r Cf-,mr:lll~ SuhdiVl'iioo. III Ih~ Cir.y \If Sa" Ikrll;udillIJ, l'P\IIlI,.. uf S;lII Ikln.u.hall SI:11e ll~. (.';lIifurni;\. as ShOWlIllll \I:lp tiled in B(\ok 3. P,I~C q or' \b~b. ill the Orner llfthc: Cuunl)' 1'C:l.."Vldcr Of);IHJ CNIlIt,... ':l!ll\l:yed ((J I'hc \h"lrup<.,Ii(~11 Walcr DisrricI pi SI)\l,hl..'1"!l ('alti....miil;H r3n::~1 A. by tlel:ll Deed r\:i:l)rd.:d ,-'po! }9, PHlllllh)ok 7(,19. Page j"1 f,nt" (l!Tu:1iI1 Hl.:CI'nl-. \'f ';aitl C\)llIuy. EXCEPTING Iherefrom :.1I1""ll'orl"'O ,If ,,,j.) P:trccl A. ClI"'c)cd Iulhe Cily of S"" rlcrn:Jfdi'h) h~ Permanent Easement Deed rccoHkd ~lmcJl ]0, IlJKR a, nU"'~Ul1lcnl No. RK-09J I 12 uf Oflicial R.ccl'rd~ ol."aitl CtHlllty. All :.IS shown on f..\.hihl( '.8" attilcht:d hcrch..' :111(1 made a pi.U1 hereof. Sll~j~ClI0 any and aU exi~;(Ing uSeS. Iicen~es, permits, eJsement.c;, rights of\\lay, coven.mH, conditions ~ncl rC'itricli"n~. END OF DESCRIPTTON I'RFI'.'\RED UNDER MY SI;I'ERVI'iIO:-l Peter G. W' emu" P.L.S.6241 ,C7~~A?~_ , D"te \. I. J '1"I.:II:l,.b'.hlt,lllIH J....:dc:r. RJ.llhJ. i'lr-~h,;,: RI ,.\\', I..:;: :1' I'.\.~.),)--) :1,...: ,.....fo./u;ln11.!I.'4i6 Pi.'I!.-~C I (,I" I vl'ci '. .. 2007-46 EXHIBIT B PORTION OF BLOCK 39, IRVINGTON LAND AND WATER COMPANY SUBDIVISION M.B. 319, CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION Page 1 of 1 LEGEND N ; -..... /, ..... ~. l / ,. ",p~>-./ .' .' ~T"O I.. . . '~ ... ,. <::) . "--.. (Q /,_........ I --.. ;; """,~...., I ?::' -..::.."e '-.i, ......... ........ 6"0' , ....!'-...................',. '>0' I " /~~ 'fj{1 PERMANENT EASEMENT _" ! ;'-"- '. PER DOC.NO. 88-093112 O.R:",... I.' ".Yf '-..'''-, REC.03-30-1988 '",- I~V t.. . -, "--.....i I .:; ~ It/... ~ ~ .h-j~~() , ~;;;. 6'Q:'i-., ;ffj ~() S,.' ~ t 't~ " ~. y:. I f-"'Z. i{;1o'~ i~~ '. / ~ ~R... :- 'l;;~ ' ',' I $~~~~~ , , ~~l()' ~ 10'1 fl.~'11 ~~ ~ 1:1' , rS " ...., 4i::::... ~ \ 0 / /Y!i '~ 'vI( III " " I /. ....1'.,.' I I I 1--" , lEASE RL 2470 1606-3().5 (PORTION) 1.783 AC. ~j~ .~~.<<t~ .JL , r VICINITY MAP NOT TO SCALE .....}-.. , / .....~.., ~1 .........~r~ 'j~!... SITE.of/ _ .... /' ! ~....!'<(.r 1:.. ~ /_ ~~:! ..-..... I ....~.'"t~~ vj! ..-...~.~- ,. .~;:"',~, ~ ~'I ' -. -' /",.,.' iseman P.LS.6241 ;<.,. !>-/ t:~ / / "Z't<.~ U .....<t.- tP'z;/Zi)./?-/;46 1---....,. """0 sc.<u DA TE / ./:Pr1j6~/s/F :nrt:i!,',. F f::::dor. R:'al!~, r-J~?Cl,rrtl!/FK!N/t:x"i/)/;6(J{r .10-54(.'l'I PREPARED UNDER PERVISION :::? THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FOOTHILL FEEDER LEASE RL 2470 MWD TO PINE TRAILS PARTNERS, LLC. 1606.30-5 (PORTION) r 02.22-;:>>5 1.1- eI-. ACpRQ. CERTIFICATE OF LIABILITY INSURANCE I DATE (MIlIDDIYYYYI 01/17/2007 PRODUCER (818)843-4314 FAX (818)842-0378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 01 yq>ic Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1906 W. Burbank Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 7725 Burbank, CA 91510-7725 INSURERS AFFORDING COVERAGE NAIC# INSURED Watson and Associates; Pine Trail INSURER ""- Golden Eagle Ins. Corp. Partners, LLC INSURER B 101 Main Street INSURER C Seal Beach, CA 90740-6335 INSURER 0 INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '~M ::.'!.'/;~ TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POUCY EXptRATION UMITS ..;;.NERAL LlABIUTY CBP8203503 01/06/2007 01/06/2008 EACH OCCURRENCE . 1 ,000 , OOfl X COMMERCIAl GENERAl LIABILITY DAMAGE TO RENTED . 100 OOfl I CLAIMS MADE [!] OCCUR MED EXP (Any one person) . 5,00 A X PERSONAL & AOV INJURY . 1,000,00< 1--1 2,000,00< GENERAL AGGREGATE . 1--1 GEN'L AGGREGATE LIMIT APnS PER: PRODUCTS - COMPIOP AGG . 1,000,00< h ,n PRO- POLICY JECT LOC AUTOMOBILE LlABIUTY COMBINED SINGLE LIMIT f-- (Eaaccident) . ANY AUTO f-- f-- ALL OWNED AUTOS BODILY INJURY (Per person) . f-- SCHEDULED AUTOS f-- HIRED AUTOS BQDIL Y INJURY (Per accident) . f-- NON-OWNED AUTOS - PROPERTY DAMAGE . (Peracddent) GARAGE UABlUTY AUTO ONLY - EA ACCIDENT . R ANY AUTO OTHER THAN EA ACC . AUTO ONLY AGG . =rSSlUMBRELLA LlABlUTY EACH OCCURRENCE . OCCUR 0 CLAIMS MADE AGGREGATE . . R DEDUCTIBLE . RETENTION . . WORKERS COMPENSATION AND I,WC STATU-.I IO!.tt- EMPLOYERS'LlABlUTY E.L. EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE . OFFICERJMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE . If yell, desctibe under E,L. DISEASE - POLICY LIMIT . SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS 1 LOCAnoNS I VEHICLES I EXCI,USIONS ADDED BY ENDORSEMENT I SPECIAL PROVISKlNS Certificate Holder E: Loc: Parcel 'APN 0261-101-08 Plne St, San Bernardino (RL 2470). 's named as an additional insured as their interest may appear as respects to general liability. Except 10 days notice of cancellation for non payment of premium. , AT,n.. SHOULD /W'( OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXptRATlON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL 30* DAYS WRlTIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, The Metropolitan Water District Headquarters BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO QBLlGAnoN OR LIABIUTY P.O. Box 54153 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Los Angeles, CA 90054-0153 AUTHORIZED REPRESENTATIVE ~\"--iL-/Y' Donald Barberie Sr./RGB ACORD 25 (2001/08) @ACORDCORPORATION 1988 r- ei.- IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ~ Cf<.