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HomeMy WebLinkAbout2017-2081 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. 2017-208 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE EXECUTION OF A REVISED LEASE AGREEMENT WITH THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, RELATIVE TO ASSESSMENT DISTRICT NO. 1055 IN THE PINE AVENUE AND REDWOOD STREET AREA, TRACT NO. 17716 WHEREAS, on February 20, 2007, by Resolution No. 2007-046, the Mayor and City Council authorized and directed the execution of an acknowledgement of a lease between the Metropolitan Water District of Southern California (MWD) and Pine Trails Partners, LLC (Pine Trails), relative to a proposed City Assessment District in the Pine Avenue and Redwood Street area, now known as Assessment District No. 1055 (AD 1055), in relation to Tentative Tract No. 17716; and WHEREAS, on March 19, 2014, Amendment No. 1 to Lease was executed between MWD and Pine Trails by substituting FH II, LLC as the Lessee and establishing the term of the lease to be from March 1, 2014 through February 28, 2015; and on March 23, 2015, Amendment No. 2 to Lease was executed between MWD and FH II, LLC, extending the term to August 31, 2015; and WHEREAS, on August 27, 2015, the City of San Bernardino assumed landscape maintenance responsibilities for AD 1055, which includes the area over the MWD owned parcels covered by the lease agreement; and WHEREAS, on September 21, 2015, by Resolution No. 2015-208, the Mayor and I City Council authorized and directed the execution of Amendment No. 3 to Lease with MWD by substituting the City of San Bernardino as the Lessee and establishing the term of the lease to begin September 1, 2015 and terminate August 31, 2016; and 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24I 25 26 27 28 WHEREAS, both parties desire for the Lease to continue year-to-year and that the chain of amendments to said Lease be closed in the interest of clarity of purpose; NOW THEREFOR, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council of the City of San Bernardino hereby authorize and direct the City Manager to execute the revised Lease with MWD, attached hereto and incorporated herein as Exhibit "A", relative to AD 1055 in the Pine Avenue and Redwood Street area. SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize and direct the Director of Finance to amend the FY 2017/2018 budget for AD 1055 by allocating an additional $4,309 to account 254-150-6048*5181 from the unallocated funds collected within AD 1055 located within the 254 fund. SECTION 3. The authorization to execute the above referenced Lease is rescinded if the parties to the Agreement fail to execute it with in sixty (60) days of the passage of this Resolution. 2 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 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE EXECUTION OF A REVISED LEASE AGREEMENT WITH THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, RELATIVE TO ASSESSMENT DISTRICT NO. 1055 IN THE PINE AVENUE AND REDWOOD STREET AREA, TRACT NO. 17716 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 18th day of October 2017, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ X BARRIOS X VALDIVIA X(M) SHORETT x NICKEL X RICHARD x MULVIHILL X(S) ABSTAIN ABSENT Georgeann Ifima, CM City Clerk The foregoing Resolution is hereby approved this 18"' day of October 2017. l%a R. Carey Davis/mayor City of San Betnardino Approved as to form: Gary D. Saenz, City Attorney By:� 3 LEASE R.L. 2470 Foothill Feeder Rialto Pipeline MWD Parcel No. 1606-30-5 APN 0261-731-42 Station Nos. 4083+50 to 4097+00 WSO La Verne Team This Lease is made by and between THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, hereinafter referred to as Lessor, and CITY OF SAN BERNARDINO hereinafter referred to as Lessee. 1. 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 October 1, 2016. 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, including but not limited to long-term operation and maintenance of its Foothill Feeder -Rialto Pipeline. 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 appurtenance facilities, and/or installation of additional subsurface or surface infrastructure. Lessor's rights to use the Property for water conveyance purposes, as described in this paragraph, are collectively referred to 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 initial rent shall be $2,700 payable in advance of the next rental term. 5. DETERMINATION OF FUTURE RENT. The annual rent shall be adjusted by multiplying the prior year's rent by a FACTOR each year, to be increased on September 1 st of each year. The adjusted rent shall be rounded to the nearest dollar. Lease R.L. 2470 -2- The FACTOR shall be the ratio of the Annual Average of the United States Consumer Price Index — All Items for the year one year prior to the current year to the Annual Average of the United States Consumer Price Index — All Items for the year two years prior to the current year as reported by the United States, Department of Labor, Bureau of Labor Statistics under the Series ID "CUUROOOOSAO." The calculation to arrive at the new Rent is as follows: CPI current year -1) CPI current year -2) = FACTO Rcurrent year FACTORcurrentyear X RENT(current year -1) = RENTcurrent year The calculation to arrive at the Rent due on September 1", 2017 is as follows: CPI2016 240.007 — 1.0126 = FACTOR2017 CPI2015 237.017 FACTOR2017 x RENT2016 = 1.0126 x 2700 = 2734 = RENT2017 In the event that the U.S. Department of Labor, Bureau of Labor Statistics, shall cease to report the series titled "All items in U.S. city average, all urban consumers, not seasonally adjusted," also known as Series ID "CUUROOOOSAO," 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 the responsibility for such compilation and reports of Consumer Price Indices, subject to any necessary adjustments of such Index appropriate to its continued use in determining the ration set forth above, shall be used. In the event that such substitute index is not provided, or proves unsuitable for determining the above ratio, then such other index appropriate to use, as mutually agreed upon by the parties hereto, shall be used. Notwithstanding the above calculations, the annual FACTOR shall not exceed 1.04 nor shall it be less than 1.00. 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, California 90054-0153, Attention: Treasurer, with Lease R.L. 2470 noted on the check and on the face of the envelope. 7. LATE 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 difficult 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 Lease R.L. 2470 -3- within 20 days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to ten percent (10%) 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 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 of $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 Treasurer located at 700 North Alameda Street, Los Angeles, CA 90012. 9. TERMINATION. This Lease may be terminated at any time by Lessor or Lessee upon 180 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 no 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 LIMITATION. If Lessee plans to use any equipment or engage in any activity on Property which will impose loads greater than AASHTO H-20, Lessee shall submit the specifications of such equipment for review and written approval by Lessor five working days prior to its use. 11. IMPROVEMENTS. No structures or improvements shall be constructed or maintained on the Property without 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. VACATING THE PROPERTY. At the expiration of the term, or at any 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. Lease R.L. 2470 -4- 14. MAINTENANCE. Lessee shall, at its sole cost and expense, keep Property free of noxious weeds, trash, and debris and shall comply with all applicable laws and regulations concerning the use of Property. 15. HAZARDOUS SUBSTANCES. For purposes of this Lease, the term "Hazardous Substance" means: (a) any substance, product, 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 Authorization Act, 49 United States Code Section 5101, 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 California Hazardous Substance Account Act, Health and Safety Code Section 25330.2 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 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 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 for a particular purpose. Lease R.L. 2470 -5- 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. C. In no case shall Lessee cause or allow the deposit or disposal of any such 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 of, 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 completely remove all Hazardous Substances placed by Lessee on Property, in a manner that is in all respects safe and in accordance with all applicable laws, rules and regulations. 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 Lease 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 Substances placed by Lessee on Property. Lessee shall be 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 of removal and mitigation of Hazardous Substances incurred by Lessor as a result of Lessee's activities on Property. Notwithstanding the foregoing, Lessee shall be responsible for any removal mitigation or decontamination, on or off Property, necessitated by the presence of such Hazardous Lease R.L. 2470 -6- Substances placed on Property by Lessee. Upon termination of this Lease, Lessee is required, in accordance with all laws, to remove from Property any equipment or improvements placed on Property by Lessee that could be contaminated by Hazardous Substances. i. Lessee shall defend, indemnify and hold Lessor and its officers, 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 placed by the 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 Code Section 25364, to insure, protect, hold harmless and indemnify Lessor from any liability created by the Lessee pursuant to such sections. I HAVE READ AND UNDERSTAND PARAGRAPH 15 HAZARDOUS SUBSTANCES. Lessee's Initials Jf _ 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 OWNER. Lessee shall permit Lessor to enter upon Property at any reasonable time for the inspection thereof, 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. 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 deemed 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, terminate this Lease. Lease R.L. 2470 -7- 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. 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 term, 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, and shall be entitled to reasonable attorneys' and/or consultants' fees. 24. LIABILITY INSURANCE. Lessee has furnished Lessor with a letter evidencing the establishment of its self-insurance program, attached hereto as Exhibit "C." This program shall remain in full force and effect during the term of this Lease. 25. ASSUMPTION OF RISK AND INDEMNITY. Lessee shall defend and indemnify Lessor and its directors, officers, and employees (collectively "Indemnified Parties") from and against all third party claims, actions, suits, demands, damages, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorneys' fees and costs) ("Claims") which arise out of or relate to (1) death or bodily injury or (2) loss of or damage to real property resulting from any negligent act or willful misconduct of Lessee except to the extent that such Claims result from, in whole or in part, the negligence, unlawful or wrongful acts of the Indemnified Parties or any other person acting in concert with them. An Indemnified Party shall promptly notify Lessee of any actual or prospective Claim for which indemnification is sought. In the event that any third party Claim is made, Lessee shall have the right and option to undertake and control such defense of such action with counsel of its choice, including the City Attorney's Office, and to settle such claims. 26. AMENDMENTS. The provisions of this Lease may be amended by mutual written consent of the parties hereto. 27. SECURITY DEPOSIT. Lessee shall deposit with Lessor $2,700 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 of rent, to repair damages caused by Lessee, to clean the premises, or to replace personal property or appurtenances Lease R.L. 2470 -8- exclusive of ordinary wear and tear, upon termination of the Lease. No later than two weeks after 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 RELOCATION 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. All notices, certifications 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. 2470" and Lessee's identification file 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: Real Property Group, The Metropolitan Water District of Southern California, P.O. Box 54153, Los Angeles, California 90054-0153. 32. This paragraph intentionally left blank 33. This Paragraph intentionally left blank 34. This Paragraph intentionally left blank 35. SIGNS. Lessee shall not issue, sell, or grant any privileges for the erection of signs or advertisements upon the Property, including any fences thereof, but all such rights and privileges are reserved to Lessor with full power to enter into leases and authorize entry upon the Property in respect to the same, provided that Lessor does not reduce the tillable acreage of Lessee. 36. COMPLIANCE WITH LAW. Lessee shall observe and comply with all rules, regulations, and laws now in effect, or which may be enacted during the term of this Lease or any extension hereof or any occupancy hereunder, by any municipal, county, state, or federal authorities having jurisdiction over the Property or the use allowed by this Lease. 37. PHYSICAL CONDITION OF PROPERTY. Lessee has inspected the Property and has satisfied itself in its subjective good faith judgment as to the physical and environmental condition of the Property including, without limitation, the hazardous substance condition of the Property. Lessee acknowledges that there have been prior agricultural and farming activities on the Property. Lease R.L. 2470 10 38. FORFEITURE OF RIGHTS. Lessee agrees that in the event it shall not well and truly keep and perform each and all of the covenants and conditions herein contained on its part to be performed, time being made the essence hereof, Lessee shall be in default under the Lease. If Lessee fails to cure said default with ten (10) days of receipt of written notice thereof, Lessee shall forfeit unto Lessor all rights to further occupancy of the Property, or any part thereof. Lessee agrees that it shall be lawful for Lessor, at its option, without any legal process or warrant, to re-enter the Property and remove all persons therefrom and hold the Property without interference on the part of Lessee, and Lessee agrees that in such event, this Lease shall be terminated and Lessee shall not be entitled to any rights hereunder. 39. ACCEPTANCE BY LESSEE. Lessee accepts this Lease and agrees to fulfill all covenants and conditions on its part to be kept and performed and enters upon the Property with full knowledge of the condition of the Property. Lessee further agrees that it will not do, nor will it permit to be done, any act or thing upon the Property or any improvements thereof, or adjacent to said Property, which will in any way injuriously affect the strength or stability of said improvements. 40. PARAMOUNT RIGHT. Lessee's use of the Property shall be subject to Lessor's paramount right to use the Property for water conveyance purposes. 41. COMPLIANCE WITH LAWS. Lessee shall comply with any and all local, state, and federal environmental laws and regulations, including the provisions of the California Environmental Quality Act (CEQA), Migratory Treaty Bird Act (MBTA), and Fish and Game Code Sections 3503 and 3503.5. In the event Lessee violates any such laws, Lessor may terminate this lease. Lessee shall remain liable for any such violation and for any other costs, fines, or penalties based upon such violation. Lessee shall keep Lessor and Lessee's property free from any environmental claims, lawsuits, fines, penalties, excise taxes, or extraordinary mitigations required beyond those specified in the original land use approvals and permits obtained for use of Lessor's property. Lessee agrees to inform Lessor of any actions requiring the review of environmental documentation by Lessor as a Responsible Agency under the California Environmental Quality Act (CEQA). 42. ENVIRONMENTAL NOTIFICATION TO LESSOR. Lessee shall submit to Lessor all environmental surveys that are conducted or needed and shall notify the Lessor prior to the release said surveys to any third parry. Lessor's personnel shall accompany Lessee or its designee for all environmental field inspections of Property. 43. Lessee shall provide Lessor with copies of any regulatory agency(ies) approvals relating to its work on the property within thirty (30) days of Lessee obtaining same and upon completion of the work. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Lease R.L. 2470 Date Executed: Lessor's Mailing Address: Post Office Box 54153 Los Angeles, CA 90054 Attention: Real Property Group Telephone: (213) 217-7750 Email: RealEstateServices@mwdh2o.com -10- Date Executed: ,) � �1� Lessee's Mailing Address: 290 North D Street San Bernardino, CA 92401 Attention: Real Property Section Telephone: (909) 384-5126 Email: aschenbrenner�_ry@sbcity.org THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Jeffrey Kightlinger General Manager By: 41M 444��� Lifly L. S raibati, Manager Real Property Group Lessor CITY OF SAN BERNARDINO r By: 4 Andrea M. Miller, City Manager Lessee Approved as to Form: ATTEST: Gary D. Saenz, City Attorney C Georgeann a, CMC, Cit Jerk By: F` PCNAhm s:\RPG\PropM gnt\W A5 875_Lease.docx EXHIBIT A 1606-30-5LE 100 Foothill Feeder Rialto Pipeline Lease RL 2470 MWD to City of San Bernardino That portion of Block 39, Irvington Land and Water Company Subdivision, in the City of San Bernardino, County of San Bernardino, State of California, as shown on Map filed in Book 3, Page 9 of Maps, in the Office of the County Recorder of said County, conveyed to The Metropolitan Water District of Southern California as Parcel A, by Grant Deed recorded April 19, 1971 in Book 7649, Page 341, of Official Records of said County. EXCEPTING therefrom all that portion of said Parcel A, conveyed to the City of San Bernardino by Permanent Easement Deed recorded March 30, 1988 as Document No. 88-093112 of Official Records of said County. All as shown on Exhibit "B" attached hereto and made a part hereof. Subject to any and all existing uses, licenses, permits, easements, rights of way, covenants, conditions and restrictions. END OF DESCRIPTION PREPARED UNDER MY SUPERVISION Paul L. Tucker, P.L.S. 7915 D3 /X -/Z 0 7 Date 7:1Projects\Foathill Feeder_Rialto PipcHnelROW1ROW17-03-02 L,me City of Saa_Bemardino March 15, 2017 Page 1 of 1 EXHIBIT B Page 1 of 1 PORTION OF BLOCK 39, IRVINGTON LAND AND WATER COMPANY SUBDIVISION M.B. 3/9, CITY OF SAN BERNARDINO, COUNTY F SAN STATE OF THIS EXHIBIT SO BE ATTACHEDToBERNARDINO, HE L GAL DESCRIPTION LEGEND U ffvl12 1ASE RL 2470 606-3 -5 (PORTION) PERMANENT EASEMENT PER DOC.NO 88-093112 O.R. REC. 03-30-1988 N J L 7r NOT TO SCALE VICINITY MAP oy/o 'Q 2�4 O <4 Iq 000. �O / r � • G +� �i q, j 43 O �� ,o�1��O s PL LA& 4l-��PJ� r` r 4!iF o 4 EXPIRATION DATE A Jf * 12-31-17 r PREPARED UNDER MY SUPERVISION `rte PLS 7915 �4 ql Cfi �AL�E 0 RIVERSIDE TEAM THE METROPOLITAN WATER DISTRICT SITE ,� OF SOUTHERN CALIFORNIA FOOTHILL FEEDER RIALTO PIPELINE Paul L T er, L.S..7915 LEASE RL 2470 4 "` MWD TO N%,, _ O 3/$" p j CITY OF SAN BERNARDINO N,TTo DATE 1606-30-5LE100 A.P.N. 0261-731-42 J:V'roJects�FaotM/1�eeder�4lalfa�lpa/...... W1R..V17-03-021euse_Cly_of_SonBernord/noV606-30-5_City_of_Son&rnord/nodgn 3 -I5 -201r City of San Bernanfino 4...w Human Resources/Risk Management Divislon 3t)0 N.D'StreetSan Bernardino, CA 92418 Helen Tran Mark Scott lnte rn Director of HR City Manager CEWIFICATE OF INSU;` , ` CE OR SELF-INSURANCE In the event of cancellation of the aWnsumnoe programs or policies dempaied below. It is the intent of the CRY of San Bemardlno to maintain 30 days' prior notice thereof to: The Metropolitan Water District of Southern Califomia P.O. Box 54153 Los Angeles, CA 90054 The City of San Semardino certifies thatthe fbBowIng self-insurance programs or insurance polides are in tbrce: To assume landscape maintenanoe responsibiliiks for Assessment District 1055 TYPE OF COVERAGE i Comprehensive Genera! LiabU4 Ind. Auto Llabilityy Ex©m Comprehenahre fGeneral UabMy Ind. Auto Liability Workers' Compensatton O T H E R COMPANY AND POLICY POLICY NO PERIOD Self -Insured ! lndabnAs ' $1,000,000 Combined Single Limits Self-insured I lndefiake I Sfallullow I No covetap This cerWit ate is not valid unless countersigned by an autho&.ed representative ofthe City of San Bernardino. Fisk Management Division = Ryan Aschenbrenner Helen Tran 7 �t Interim Dhx for of HR " J T City of San Bernardino , r '_ ` Date Authorized Representative �r Sere ^r-infonnadon-regarding-tlh&above-wKinsurance.polices,-pfe�ntect.Risk-Monagement.DiWsiort_at4909}3844-5308.