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HomeMy WebLinkAbout05.U- Public Works - 5.0 RESOLUTION (ID # 4608) DOC ID: 4608 B CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Lease From: Chris Alanis M/CC Meeting Date: 11/07/2016 Prepared by: Saba Engineer, (909) 384- 5284 Dept: Public Works Ward(s): 5 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 4 to Lease RL 2470 with Metropolitan Water District of Southern California, Regarding Assessment District No. 1055 in the Pine Avenue and Redwood Street Area, Tract No. 17716. (#4608) Current Business Registration Certificate: Not Applicable Financial Impact: Annual lease payment of $2,594 to be paid through the Assessment District (254-150- 0000-6048) and General Fund or other applicable funding source ($2,335 by the District and $259 by the General Fund) once the District assumes the maintenance of this area and subject to bi-annual CPI increase not to exceed 5%. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 01/24/2006 - Tentative Tract No. 17716 was approved with conditions. 02/20/2007 - Resolution No. 2007-46 was adopted, authorizing and directing the execution of an acknowledgement of a lease between MWD and Pine Trails Partners, LLC relative to a proposed Assessment District in the Pine Avenue and Redwood Street area. 05/21/2007 - Resolution No. 2007-169 was adopted, declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1055; preliminarily approving the Engineer's Report and giving notice of a public hearing. 07/16/2007 - Resolution No. 2007-308 was adopted, approving the formation of Assessment District No. 1055 and ordering the work. 09/21/2015 - Resolution No. 2015-208 was adopted, approving the execution of Amendment No. 3 to lease with MWD. Background: On January 24, 2006, the Planning Commission approved Tentative Tract No. 17716, located easterly of Pine Avenue and northerly and southerly of Redwood Street in the Verdemont area. Pine Trails Partners, LLC, the owner/developer of the tract at the time, Updated: 11/2/2016 by Georgeann "Gigi" Hanna B I Packet Pg. 591 5.0 4608 subdivided 13.7 acres of land into 39 single family residential lots, with a minimum lot size of 10,800 square feet. One of the conditions for this development was the formation of a Landscape Maintenance Assessment District, which was approved on July 16, 2007. The 100-foot strip of vacant land to the west of the tract was to be included in the District. The easterly 40 feet of this strip is within the tract boundaries and is encumbered by an easement to San Gabriel Valley Water District. San Gabriel Valley Water District has consented to the installation and maintenance of landscaping for this area without the requirement of a lease or compensation for its use. The remaining 60 feet is owned by the Metropolitan Water District of Southern California (MWD) for water transmission lines. MWD has consented to the installation and maintenance of landscaping conditioned on the execution of a lease agreement. The area south of this site is also MWD property being maintained under a separate Assessment District; however, at that time, MWD was allowing maintenance of their area through a no-fee permit and has since changed its policy and is now requiring a lease for use of MWD property. Initially, the lease was executed in March 2007, between MWD and Pine Trails Partners to allow them to install the required landscaping and perform maintenance for the first year. Pine Trail Partners later sold the property to FH II, LLC (Frontier Homes) and in March 2014, the MWD lease was amended to substitute the name of the lessee to FH II, LLC. Subsequently, the area would be turned over to the Assessment District for ongoing maintenance once the landscaping is inspected and accepted by the City. Thus, MWD requested that the City execute an acknowledgement of the lease and terms therein. Initially in 2007, the lease rate was $2,325 per year and adjusted bi-annually to the Consumer Price Index (CPI), not to exceed 5% as shown in the City approved Engineer's Report (2007-169). Upon assumption of the lease by the City, MWD has indicated the current lease rate to be $2,594 per year, with this and future lease payments being funded through the Assessment District, less any General Benefit portion (10%). The General Benefit is estimated to be $259 per year and will need to be paid from the General Fund or other applicable funding source. With the formation of AD 1055 already approved, it has provisions to accommodate the bi-annual increases as required per the original lease agreement. The landscaping for this District was accepted on August 27, 2015, by the City and is now currently being maintained by the City approved landscaping contracting firm. Without the lease, the area would need to be excluded from the Assessment District and would remain in a non-maintained condition. The attached resolution authorizes and directs the City Manager to execute Amendment No. 4 to Lease with MWD, which is relative to Assessment District No. 1055. City Attorney Review: Supporting Documents: agrmt. 4608 (PDF) MWD Amendment 4 Reso (DOC) MWD Lease Area (BMP) Updated: 11/2/2016 by Georgeann "Gigi" Hanna B Packet Pg. 592 5.0 4608 Original MWD Lease (Reso. 2007-046) (PDF) Lease Amendment no. 1 (2014) (PDF) Lease Amendment no. 2 (2015) (PDF) Lease Amendment No. 3 (Reso. 2015-208) (PDF) Updated: 11/2/2016 by Georgeann "Gigi" Hanna B Packet"Pg. 593 5.tJ.a AMENDMENT NO. 4 TO LEASE 3<; R.L.No. 2470 Foothill Feeder—Rialto Pipeline MWD Parcel No. 1606-30-5 APN 0261-731-42 WSO La Verne Team Section 2. TERM of Lease R.L. 2470 between THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA and CITY OF SAN BERNARDINO is hereby amended and shall read as follows: "2. TERM. The initial term of this Lease shall commence on September 1, 2016 and ` August 31 2021. The PARTIES may extend the term of the LEASE by written end on Aug Y agreement prior to the expiration of the term with three (3) five (5) year extensions. The total duration of the LEASE, including any options under this section, shall not exceed twenty (20) years. This Lease may be terminated in accordance with the provisions of Paragraph 9 herein ° v below." d z Except as herein amended, all terms and conditions of Lease R.L. 2470 shall continue in full force and effect. a� E a co n: Date Executed: 0 Lessor's Mailing Address: THE METROPOLITAN WATER DISTRICT Post Office Box 54153 OF SOUTHERN CALIFORNIA o Los Angeles, CA 90054 Attention: Real Property Development Jeffrey Kightlinger and Management Group General Manager Telephone (213) 217-7750 Email: RealEstateServices @mwdh2o.com = d E U tC By: a John Clairday,Manager Real Property Development and Management Group Lessor [Signatures continue on next page] Packet Pg. 594 S.U.a Amendment No. 4 to Lease -2- R.L. 2470 Date Executed: Lessee's Mailing Address: CITY OF SAN BERNARDINO 300 N. D Street, 3rd Floor San Bernardino, CA 92418 Attn: Real Property Section —' Telephone (909) 384-5284 Email: Engineer_sa @sbcity.org 0 By: Mark Scott, City Manager o z w Lessee a� E c E ATTEST: a co 0 co Georgeann Hanna, City Clerk cc 0 0 E L Approved as to form: GARY D. SAENZ, City Attorney a E By w a Packet Pg. 595 5.U.b 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 4 TO 3 LEASE RL 2470 WITH METROPOLITAN WATER DISTRICT OF SOUTHERN 4 CALIFORNIA, REGARDING ASSESSMENT DISTRICT NO. 1055 IN THE PINE AVENUE AND REDWOOD STREET AREA,TRACT NO. 17716 5 6 WHEREAS, on February 20, 2007, by Resolution No. 2007-046, the Mayor and Common Council authorized and directed the execution of an acknowledgement of a lease 7 J between the Metropolitan Water District of Southern California(MWD) and Pine Trails Partners, a 8 � LLC (Pine Trails), relative to a proposed City Assessment District in the Pine Avenue and o 9 �. Redwood Street area, now known as Assessment District No. 1055, in relation to Tentative Tract 6 10 Z No. 17716; and c a 11 E 12 WHEREAS, on March 19, 2014, Amendment No. 1 to Lease was executed between E d 13 MWD and Pine Trails by substituting FH II, LLC as the Lessee, and establishing the term of the 14 lease to be from March 1, 2014 through February 28, 2015; and, Co %015 CD v 16 WHEREAS, on March 23, 2015, Amendment No. 2 to Lease was executed between o N 17 MWD and FH II, LLC, extending the term to August 31, 2015, c 18 WHEREAS, on September 21, 2015 Amendment No. 3 to Lease with MWD was c 19 m executed substituting the City of San Bernardino as the Lessee and establishing the term of the E 20 �y lease to be from September 1, 2015 through August 31, 2016; and 21 _ 22 WHEREAS, the City of San Bernardino and Metropolitan Water District of Southern 23 California are ready to extend the Lease for one (1) additional term beginning September 1, 2016 a 24 through August 31, 2021 with the option of extending for three(3) five(5)year terms. 25 26 27 ® 28 1 Packet Pg. 596 5.U.b ' 1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 2 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 3 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and 4 5 directed to execute, on behalf of the City of San Bernardino, Amendment Number Four to the 6 Lease Agreement with Metropolitan Water District of Southern California, relative to 7 Assessment District No. 1055 in the Pine Avenue and Redwood Street Area, Tract No. 17716 C1 8 attached hereto as Exhibit "A" and incorporated herein by this reference as though set forth in 0 9 d full. o 10 Z 11 SECTION 3. The authorization to execute the above-referenced Amendment Number 12 Four and issue the above-referenced purchase order are rescinded if the Amendment is not E Q 13 executed by both parties and returned to the Office of the City Clerk within sixty(60) days of the n: 14 passage of this Resolution. 15 0 16 0 m 17 /// v c 18 /// E -a 19 E 20 Q 21 22 E 23 Q 24 25 /// 26 27 28 2 Packet Pg. 597 5.U.b 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 4 TO 2 LEASE RL 2470 WITH METROPOLITAN WATER DISTRICT OF SOUTHERN 3 CALIFORNIA, REGARDING ASSESSMENT DISTRICT NO. 1055 IN THE PINE AVENUE AND REDWOOD STREET AREA,TRACT NO. 17716 4 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 meeting thereof, held on the 7 day of , 2016,by the following vote, to wit: J 0 8 Council Members: AYES NAYS ABSTAIN ABSENT 0 9 MARQUEZ o to z 11 BARRIOS a) 12 VALDIVIA a E 13 SHORETT Cn a 014 NICKEL 15 0 v RICHARD 16 0 N 17 MULVIHILL v 18 E 19 Georgeann Hanna, City Clerk 0 E 2o The foregoing Resolution is hereby approved this day of 12016. ¢ 21 22 R. Carey Davis, Mayor E 23 City of San Bernardino 0 Approved as to form: ¢ 24 Gary D. Saenz, City Attorney 25 By: 26 27 28 3 Packet Pg. 598 0 EXHIBIT B PORTION OF BLOCK 39, IRVINGTON LAND AND WATER COMPANY SUBDIVISION M.B. 313, CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA THIS EXHIBIT"IS TO BE ATTACHED TO THE LEGAL DESCRIPTION LEGEND f �o'7 i' LEASE RL 2470 Q�jO , f/ . 1606-30-5(POR7JOfV} �o� vii - =�f' 1.783AC. 0 �t PERMANENT EASEMENT _� z PER 0OC.NO.88-093112 O.R. J/ : Y • �� _ REC.03-30-1988 f 4 s E R �O � co h ti°j oa` it FONT ��o 0,ND ui NOT TO SCALE u c a CL ' Exp f No. 2 1 a E VICINITY MAPS p�Q40 PREPARED UNDER a ° PERVISIC}N THE METROPOLITAN WATER DISTF of _Aff-SUOF SOUTHERN CALIFORNIA Sf7E FOOTHILL FEEDER ete ,. iseman P.L.S. 6241 LEASE RL 2470 MWD TO PINE TRAILS PARTNERS, LLC. 1645.30-5 10 NOTTQSQ4U DATE J:!'roJer:tsfFx�th??_tecclr.R7dltn�'l pet the/F2Gri/extr6/16t1fi305dGn 02.22-2JQ6 Al.. 5.U.d 1 2 RESOLUTION NO. 2007-46 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN ACKNOWLEDGEMENT OF A LEASE 4 BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN 5 CALIFORNIA AND PINE TRAILS PARTNERS,LLC, RELATIVE TO A PROPOSED ASSESSMENT DISTRICT IN THE PINE AVENUE AND REDWOOD STREET AREA, 6 TENTATIVE TRACT NO. 17716. J 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: $ o 9 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and o Z 10 directed to execute on behalf of said City, an Acknowledgement of a Lease between the 11 Metropolitan Water District of Southern California and Pine Trails Partners, LLC, relative to a E 12 a proposed Assessment District in the Pine Avenue and Redwood Street area, pursuant to the 13 °- Conditions of Approval for Tentative Tract No. 17716, said lease is attached hereto as Exhibit"1" 14 0 15 and made a part hereof 16 SECTION 2. This resolution is rescinded if the parties to the contract fail to execute it 0 17 within sixty(60)days of the passage of the resolution. c H 18 d 19 R 20 21 22 0 23 E 24 Y 25 a 26 27 28 01/23/2007 l Packet Pg. 600 I, 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE 2 EXECUTION OF AN ACKNOWLEDGEMENT OF A LEASE BETWEEN THE METROPOLITAN n j WATER DISTRICT OF SOUTHERN CALIFORNIA AND PINE TRAILS PARTNERS,LLC,RELATIVE 3 TO A PROPOSED ASSESSMENT DISTRICT IN THE PINE AVENUE AND REDWOOD STREET, TENTATIVE TRACT NO. 17716. 4 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 -joint regular meeting thereof held on the 20th of February 12007 ,by the following vote,to-wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT v 9 6 ESTRADA x 10 d 11 BAXTER x 0 a� 12 BRINKER x Cn 13 DERRY x 00 14 KELLEY x 15 x JOHNSON 16 ° 0 17 MCCAMMACK x ___ N 6 N 18 Ci 'ierk 19 The foregoing resolution is hereby approved this day of February 52007 20 ° 21 22 ATRIYanB�e2rdino J. MR or o Ci 23 24 Ap roved as to form: 25 J ES F. PENMAN, City Attorney 26 27 28 01/23/07 2 Packet Pg.601 i 2007-46 LEASE I R. L. 2470 MWD Foothill Feeder(Fee) MWD Parcel No. 1606-30-5 (Ptn) APN 0261-101-08 N cc a� ° This Lease is made by and between THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, hereinafter referred to as Lessor, and o PINE TRAILS PARTNERS LLC,hereinafter referred to as Lessee. 1* 0 Z 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 E i described in Exhibit"A"and shown on Exhibit"B"attached hereto and incorporated herein by reference. Q 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 W below. o 3. USE. Property shall be used for passive greenbelt purposes only. Recreational improvements, organized sporting activities, and equestrian activities are specifically not c permitted, in addition to any other uses, which may be considered, at Lessor's sole discretion, c deleterious to its current or future operations. Lessee's use of Property shall comply with all N applicable laws,ordinances and regulations. Property shall not be used to fulfill requirements for c 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 a� conveyance purposes, as described in this paragraph, are collectively referred to hereafter as the O "Paramount Right." Lessor is not responsible for repair or replacement of Lessee's improvements in the event Lessor exercises its Paramount Right. E 4. RENT. The basic annual minimum rent shall be$2,325 payable in advance of the Q 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 Packet Pg. 602 I 2007-46 I 1 Lease R.L. 2470 -2- 10 ratio of the Annual Average of the United States Consumer Price Index - All items for the last prior year of the concluding two-year rental period to the Annual Average 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. I ' Computation of the above ratio shall be carried to four decimal places and rounded to the nearest 1/100th with the computation of Rent resulting from the application of $ this ratio rounded to the nearest dollar. `* 6 z The calculation to arrive at the new Rent is as follows: New Index Year = Factor x Rent =New Rent E Base Index Year d 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. 0 0 In the event that such substitute index is not provided, or proves unsuitable for a determining the above ratio, then such other index appropriate to such use. as mutually agreed upon by the parties hereto, shall be used. (D U) M 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 o 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 r contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Q 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 Packet Pg. 603 �, ,r ' ' •� 5.U.d 2007-46 Lease R.L. 2470 -3- 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. R, 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 Accounts Receivable Section located at 700 North Alameda Street, Los Angeles, CA 90012-2944. 0 s 9. TERMINATION. This Lease may be terminated at any time by Lessor or Lessee o upon 30 days' prior written notice. Notice is to be deemed given upon the mailing thereof. Z Y postage prepaid,to the recipient at its address set forth below. In the event the Lease is terminated between the anniversary dates in accordance a with the provisions of this clause, there shall be a pro rata refund of any rent paid in advance for Q the remaining term. Cn n: Violation of any term, covenant, condition or provision contained herein shall be co cause for termination of the Lease, tuiless corrected within ten days after Lessor's written request to do so. j 10. LOAD LIMITATION. If Lessee plans to use any equipment or engage in any c activity on Property which will impose loads greater than AASHTO H-20, Permittee shall submit c the specifications of such equipment for review and written approval by Lessor five working N days prior to its use. a� a: 11. IMPROVEMENTS. No structures or improvements shall be constructed or N maintained on the Pro p ertv without Lessor's written consent first had and obtained. m J 12. REMOVAL OF IMPROVEMENTS. All strictures 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 S 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 s appurtenances to Lessor in as good order and condition as Property was delivered to Lessee, c reasonable year 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 vvith all applicable laws and regulations concerning the use of Property. Packet Pg. 604 2007-46 i Lease R.L. 2470 -4- 15. HAZARDOUS SUBSTANCES. For purposes of this Lease, the tern "Hazardous Substances" means: (a)any substance,product, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the ComprehensiV e 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 Resources Conservation and Recovery Act. 42 United States Code Section 6901 et seq.; the Clean Water Act, 33 United States Code Section 1251 et se q.: 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 o Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground z 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 d Porter-Cologne Water Quality Control Act. Water Code Section 13000 et seq., all as amended a (the above-cited California state statutes are hereinafter collectively referred to as "the State CO 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 0 substance, product, waste or other material of any nature whatsoever which may give rise to y 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 o of a state or federal court; (c) petroleum or crude oil, other than petroleum and petroleum c products which are contained within regularly operated motor vehicles; and (d) asbestos. N 6 N 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. J rules or other requirements, and that there is not presently pending any proceeding before 0 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 .. w 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 2 water), geology, and any warranty of merchantability or habitability or fitness for a 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. Packet Pg. 605 2007-46 Lease R.L. 2470 -5- d i C. In no case shall Lessee cause or allow the deposit or disposal of airy such Hazardous Substances on Property. d. No underground storage tanks shall be installed on Property. a� 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 o soils on Property-and taking photographs. Z d f. Lessee shall. within a reasonable time, either prior to the release by Lessee -Ea 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 Q Lessee knows or has reasonable cause to believe that any release of a Hazardous Cn Substance has come or will come to be located on or beneath the subject Property. The n: 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 o 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 to default under this Lease in addition to actual damages and other remedies provided by o law. Lessee shall immediately clean up and completely remove all Hazardous o Substances placed by Lessee on Property, in a manner that is in all respects safe and in N accordance with all applicable laws, rules and regulations. 6 m it 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. o 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 O liable tinder 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 Y any and all costs of removal and mitigation of Hazardous Substances incurred by Lessor a 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 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. Packet Pg.606 2007-46 Lease R.L. 2470 -6- 5 i i. Lessee shall defend. indemnify and hold Lessor and its officers. employees. contractors or agents harmless from anv 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. 'File foregoing indemnity is intended to � operate as an agreement pursuant to Section 107, subdivision (e) of CERCLA. 4-' United States Code Section 9607, subdivision (e), and to California Health and Safety Code Section 25363, to insure, protect, hold harmless and indemnify Lessor from any liability ° created by the Lessee pursuant to such sections. 6 z i HAVE READ AND UNDERSTAND PARAGRAPH I5 HAZARDOUS d ' SUBSTANCES. Lessee's Initials d E Q Cn rY a 00 0 16. ACCESS. Lessee shall provide and maintain uninterrupted vehicular access in `rj 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. o o 17. ENTRY BY OWNER. Lessee shall permit Lessor to enter upon Property at any N I 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. N J 18. PREVIOUS LEASES. In the event there is any existing lease between Lessee o 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. s I c 19. ASSIGNMENT OR SUBLETTING. With the exception of a City of San o Bernardino Landscape Maintenance District, Lessee shall not assign this Lease, nor sublet w 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 E or subletting without the written consent of Lessor shall be void and shall, at the option of r Lessor, terminate this Lease. Lessor is hereby exempt from participation and assessment of any Q 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. Packet Pg. 607 2007-46 Lease R.L. 2470 -7- I 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, terns. 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 par' ° 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 Z 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 S 1,000,000 in accordance with the Certificate of Insurance attached hereto as Exhibit CO -C-L" A review of the insurance coverage will be made every two years in order to adjust the a 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 file c to with Lessor evidencing such insurance shall be cause for termination. Said insurance shall meet the following criteria: is 0 a. Remain in effect throughout the term of this Lease and any renewals c thereof, N 6 U) b. Naive Lessor as additional insured, d C. Shall obligate the insurance carrier to provide not less than a 30-day notice d of cancellation or material change to Lessor affecting the coverage of the policies. o 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, O arising out of any of the perils or casualties insured against by the property and/or liability w 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 t party. In the event the policy or policies do not allow waiver of subrogation prior to loss, Lessee w shall, at the request of Lessor, deliver to Lessor a waiver of subrogation endorsement in such a 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 assignment of this Lease to a Cit} of San Bernardino Landscape Maintenance District, the Landscape Maintenance District shall furnish Lessor with a letter evidencing the Packet Pg. 608 2007-46 i . Lease R.L. 2470 -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 effect during the term of this Lease subsequent to the assignment to a Landscape Maintenance District. 25. ASSUMPTION OF RISK AND INDEMNITY. Lessee assumes all risk of loss to itself, «hich in anv manner may arise out of the use of Property under this Lease. Further. Lessee hereby agrees to indemnity and defend Lessor and its directors. officers, and employees —J against any liability and expense, including the reasonable expense of legal representation whether by special counsel or 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 ° 0 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 z° Property, or any adjoining land used with Property. E 26. AMENDMENTS. The provisions of this Lease may be amended by mutual written consent of the parties hereto. E co 27. SECURITY DEPOSIT. Lessee shall deposit with Lessor$2.325 as a guarantee a 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 o 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 after Lessee has vacated the premises, Lessor shall furnish Lessee with an itemized written c statement of the basis for, and the amount of, any security received and the disposition of the c security and shall return any remaining portion of the security to Lessee. N 6 N 28. NO RELOCATION ASSISTANCE. Lessee acknowledges that Lessee is not � entitled to relocation assistance or anv other benefits under the Uniform Relocation Assistance as Act or any other applicable provision of law upon termination of this Lease. J 29. This paragraph intentionally left blank. 30. TIME. Time is of the essence of this Lease. c L 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 file number, E 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 a 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. Packet Pg. 609 •. � S.U.d 2007-46 Lease R.L. 2470 -9- i • AF N 32. NOTICE TO HONJEBU YERS. Lessee shall provide a complete copy of Lease to each of the homebttvers within Lessee's adjacent development prior to close of homebuyer's escrows. / Date Executed: �` U N Lessor's Mailing Address: THE METROPOLITAN WATER DISTRICT ( J Post Office Box 54153 OF SOUTHERN CALIFORNIA o Los Angeles, CA 90054-0153 Attention: Real Estate Services unit Jeffrey kightlinger o Telephone: (213) 217-7750 General Manager 6 Z By Jill . Wicke E Manager, Real Property Development and Management E U) a Lessor 00 0 0 Date Executed: Sh'6 i9 7 0 Lessee's Mailing Address: PINE TRAILS PARTNERS, LLC A California Limited Liability Company �°, 101 Main Street Suite A 6 Seal Beach. CA 90740 Telephone. (562) 430-050; BV 2�c * ►J M�-[:y.��� ✓ire- James R. Watson AKtt.a��s�� �..hrcr� Authorized Signatory J �o Approved as to form: .M J. ES F. PENMAN. City Attorney (, E Acknowledgement: r CITY OF SAN BERNARD[NO a Bye PATRI h J. or Packet Pg.610 2007-46 I I-\11!1!1 T 1 606 ;(I.' J I'm t.ic?t1I ! tti�tliil{ I t:�,lct fti,Jlto ('i;>�lilkt I h:kt pur!1un , I ltictck.;t). 1. In-.1,311 l .wd mIII 1V.ttur C'omp:u) Iun. I tltc City of San y lferu;uciinu. Cl�!utlr ul San Itcl imrdf;m tilale of Califurnia, is show"on Map filed in Bouk i, 1'tt<<i:9 of J in the Office i)f llte Cuunty Wccuider uf'aaid Comity. �umt:%ed to I he Nlrlrupctlilan 1Vatcr District � it Stitoltct'n(':II fornin ^,ParceI ,1. be(,1:1nt thee!Jct:orded Apri! 19, 19?1 m Hook 7611), P;srte .i l{,of � (lffickal Rec:crd,of--aid County, 6 EXCEPTING therefrom all that portion of paid Rircc}A,coit%c}ul to like C:ily of San Z 1 Dernardino h4 Perinarient Easement Deed recorded March 30, 11188 n'.D umenl flu. 3tf-093 112 of Official Rcwtdk ul said County. nity. E All as shown on Exhibit"13"attached hereto and made a pail f crcuf. � i Q Subject to any and all existinka'uses, licen-ms, permits,easements, rights of way,covenanvi, N conditions anti restriction. d AWD OF DFSCRIPTION J 00 0 ti - � o PRFf'AR[il') 1:1111FR tt�' Sl.;l't:KVi51C)V � c°*4 3 Peter G. 1V' cnnoan P.L.S. 6241 y Date 9 `ice Ll rn 0 w _ I. J'I'rare�W-F.+.thdk fceJer_Rrtltu,i'tr.7rr:Row 1::::N1 .4.E-3J-i Qr. 01 V ft3 w Q Packet Pg. 611 2007-46 - 5.U.d EXHIBIT B Page 1 of 1 PORTION OF BLOCK 39, IRVINGTON LAND AND WATER COMPANY SUBDNISION M.B. 3/9, CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA TI-IIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION i LEGEND j ;r E LEASE RL 2470 ��y; ; . 1606-30-3(PORTION) 0 1.783 AC. i J $o, 10, 6 PERMANENT EASEMENT PER DOC.NO. 88-093112 -,. AEC. 03-30-1988 y cn ol co f gccO�y A q-c�'�` rj Y NOT TO SCALE o O No. 2 1 �� r VICINITY MAP �F p� CpL�F�� E PREPARED UNDER a PERVISION THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA SITE FOOTHILL FEEDER i� -241 LEASE RL 2470 �•� ' ete iseman P.LS. 6241 l f MwD TO PINE TRAILS PARTNERS, LLC• 1606.30-5 (PORTION) DATE" -L . ?t" l j'r�;8clstF::1 rf':l..r^Y;.r.R'a;l� f].xYlrc/,'�!?N/eK"iG/16C!6 �05cn Packet Pg. 612 DATE(MII/DD 5.U.d ACORDM CERTIFICATE OF LIABILITY INSURANCE 01/17/2007 PRODUCER (818)$43-4314 FAX (818)842-0378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Olympic 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 INSURERS 101 Main Street INSURER C Seal Beach, CA 90740-6335 INSURER D' INSURER E j THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING f ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR N 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. INSR DD' TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTNE POLICY EXPIRATION LIMITS GENERAL LIABILITY CBP8203503 01/06/2007 01/06/2008 EACH OCCURRENCE $ 1,000,0001 2 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100 00 Q CLAWS MADE a OCCUR MEO EXP(Arty one person) $ 5,00 et A X PERSONAL b ADV INJURY $ 11000,,0 O GENERAL AGGREGATE $ 2100010 Z GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 1,000,0 POLICY PRO LOG E JECT -0 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ O ANY AUTO (Ea actldern) E ALL OWNED AUTOS BODILY INJURY Q S SCHEDULED AUTOS (per person) HIREDAUTOS BODILY INJURY $ d j NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ 00 -.— (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC 5 to j AUTO ONLY AGG $ C I EXCESSIUMBRELL A LIABILITY EACH OCCURRENCE $ C OCCUR F]CLAIMS MADE AGGREGATE S N E O DEDUCTIBLE f y RETENTION S S WORKERS COMPENSATION AND WC STATUS OTH- N.TS EMPLOYERS'LWBILITY E.L.EACH ACCIDENT $ M ANY PROPRIETORIPARTNERIEXECUTIVE N OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S J If yea,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER fQ C DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES I EXCIi.USIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: Loc: Parcel #APN 0261-101-08 Pine St, San Bernardino (RL 2470). Certificate Holder L is named as an additional insured as their interest may appear as respects to general liability. 0 Except 10 days notice of cancellation for non payment of premium. c as Ls :U CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30¢ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, The Metropolitan Water District Headquarters BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLMT10N OR LIABILITY P.O. Box S4153 OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. Los Angeles, CA 90054-0153 AUTHORIZED REPRESENTATIVE Donald Barberie Sr. RGB ACORD 25(2001108) OACORD CORPORATION 1988 Packet Pg. 613 a a • 5.U.d I 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). I If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may N require an endorsement.A statement on this certificate does not confer rights to the certificate M I J holder in lieu of such endorsement(s). O ! DISCLAIMER v f 6 The Certificate of Insurance on the reverse side of this form does not constitute a contract between Z i the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it 0 affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. EE E i a a co 0 7T cc v 0 0 o N q 6 � N Q. d N f0 d J D C •L i O CD S a.. C U Q ACORD 25(2001108) �y Packet Pg. 614 ��oQ��\tA WATp o� r THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA �oGr'4FRN CAl\F�p�`P Office of the General Manager Lease R.L. 2470 MWD Foothill Feeder-Rialto Pipeline MWD Parcel No. 1606-30-5 (fee) APN 0261-731-42 WSO La Verne Team a as 0 March 25, 2014 d Mr.Lonnie Ellisor r z lJ C Frontier Communities E 8300 Utica Avenue, Suite 300 r•,o Rancho Cucamonga, CA 9.1739 w E a Dear Mr. Ellison N a Transmittal of Amendment No. 1 to Lease R.L. 2470 Transmitted is your original executed copy of Amendment No. 1 to Lease R.L. 2470. Should you have any questions,please contact me at telephone(213) 217-7665 or pnorlen@mwdh2o.com. ° N r Sincerely, 6 r E Q c Paul C. Norlen E Senior Real Estate Representative `t as Revenue &Property Management Unit W PCN:lhm a� E Enclosure w a 1 1 + 700 N.Alameda Street,Los Angeles,California 90012•Mailing Address:Box 54153,Los Angeles,California 90054-0153•Telephone(213)217-6000 Packet Pg.615 5.U.e AMENDMENT NO. 1 TO LEASE R.L.No. 2470 Foothill Feeder--Rialto Pipeline MWD Parcel No. 1606-30-5 APN 0261-731-42 WSO La Verne Team Lease R.L. 2470 between THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA and PINE TRAILS PARTNERS LLC is hereby amended by substituting FH II, LLC as Lessee, and by deleting in its entirety Paragraph 2 thereof, and a� substituting therefor the following: a� J 2. TERM. The term of this lease shall be from March 1, 2014 though ° February 28,2015. 0 Except as herein amended,all terms and conditions of Lease R.L. 2470 shall o continue in full force and effect. z c m E Date Executed: /' " —/ E Lessor's Mailing Address: THE METROPOLITAN WATER DISTRICT Post Office Box 54153 OF SOUTHERN CALIFORNIA a Los Angeles, CA 90054 X Attention: Real Property Development Jeffrey Kightlinger c and Management Group General Manager Telephone(213) 217-7750 `y. N By: Mlov J C ohn airday,Manager o Real Property Development = a and Management Group Lessor a E i a N Date Executed: 1 d J .a. Lessee's Mailing Address: FH II, LLC 8300 Utica Avenue, Suite 300 E Rancho Cucamonga, CA 91730 !. 2 Telephone(909) 354-8000 By: Q L Jame L. reviti,President _ By: s Richard Munkvold,Chief Financial Officer Lessee i PCNJhm sAMMAWA4649 Lease Amendment.docx Packet Pg.616 5.U.e J 1 1'Xaaa l `t`i`A. i;t}f, rrt ,nttatu I•tk�th,il I G�t[t.t (ti:�f;o I'irt�lint I:,te IZI..�•1:'tl. l!Itt; (1',Illti hIl".II�YC. t a:S:... h;u 11ti,tii,n tt1"(tluc E. �t) tt uts;tan t utd allil t4 t4sr(om :it),,Stlhil v,sit„i. in 111 (itv'ur.;1rt: Ifuncirtiihu,(cylr►l.v of Satt Ht in iiiitl► ,tiLils u'C Iifurrlit.till Shtaci4t+n\'tap liltal in t3ook 3,l'rtt�t~:9.ut' a, :41sp:.in the Ulttcc of trio E:utuU>ItJCvv de r.ttl a,tttl(txlitt; s �lne�etl to E'L,e \1eIn,pttbtdu IVat�r I)isiriot p 1.of Soulhcrn( .tLt��rnt,t h>xlrtel \,Ity t,Catit ht c<faxtutllyd.rlprtl II); (nil.Ill 13t+(k 7!It), pile a_►1 I,ttr ( ffil al Recu,ld,uF .;tid(.nutty; ° f\`( F I'TIiVC thcretiotn all 111;11 portivh%-.lf.q,1u1 P;tret.l A,C0111ve5ed It!11te(.51 of San � Bornardivo by Nrin.mcnt Cascntcnt Cat rccutdt k l4[tuclt a), It)R><:iv Ducuntcnt Nu. 4R-U+31:F1?uT z Officntl Reconli;(►1'said('iiluity. _ a, All Jti Slw)�'n un F', tr11►1t'`I "ntW4ltei!hCretw:ttul nnalo,41 pail horpof. � c m 'aibjdyt W`,'nny and d)!oxisring uS`S.t,ct La S,pontlits e;tseoients,rights of ivav,coveoiiil, E k i"ditions and restrictrol�s; o: F1Yta:l1F'DF3't RIPTI`01V � 00 0 tc PREPAr D tnti).pTZ NNW sUTi xvI lc�a r _ o _ Peter Cf.. N P.L.S.6241 / * E w E Dute E ° I 1 J i A.t.J'I'opa;t?tvtlull t.cdcr.ttGllLr,i'r1 InirNt lb I',::1+1'tE ll•S.h N i - V a i f s i''IF'r I-c+f I Packet Pg. 617 5.U.e EX1 ! M1T Page 1 of 1 PORTION OF BLOCK 39, IRVINGTON LAMO AND WATER COMPANY SUBDIymoN M.B. 319, CITY OF SAN WwARDINO, COUNTY C}F SAN BERNARDINO, STATE OF CALIFORNIA Tra15 ExHIBtT I5 r0 BEAT TACHED r0 THE LEGAL DESCRrPTloly LEGEND MOZ LEASE RL(47Q :Osos- pp 1:783.AC: 6p.. 0, o z PERMANENT EASEMENT >,, • PER DOCAO.88-093112 0.R.'`�,• ``�. : Am a3-30 1988 a%' �•.��„ c E �q a�. o 4 N Q�tjp'`�o; N 0 or.. I 4 0.1.1 �o NOT TO SCALE `-4 E '�� Exp, i NU. 2 1 WGINITY'MAP �F F� E Or CALA a PREPARED UNDER. a ,VV/ ~, PEaViSrON THE METROPO�IrA1V WA7LR 01STRICT A7 OF SOUTHBflN'CAUFORMIA 1t ysyr SITS yf.,*� ' ;f 1`.y FOOTHILL FEEDER 7' �,,r ete.. lsemar� LEASE RL 2..470 Mwf) To PINE TRAILS PA}?7'NERS, LL C. 1666.30.5 (PORTION) �t(v moi ru scau DATE AL i ` Packet Pg. 618 CERTIFICATE OF LIABILITY INSURANCE D E o a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, suhject 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), PRODUCER NAME ACT Kl.mbra Kelley CDS Insurance Services PHONE (809)599-7200 FAX License # OC88587 E•MgIL 2001 E. Financial Way o.(909}599-2700 certificates @cdsinsurance,com Glendora CA 91741 INSURERS gFFORDINGCOVERAGE NAICN INSURERA:United S ecialt Ins Co INSURED PH IT, LLC; PH TI GP; INsuRERB:Navi ators S2ecialtV Ins, Co. PH II Homebuilders, Inc; PH II Nu Ventures, y INSURERC: 0 LLCI Frontier Communities & Nuco Homes LLC Homes, INSURER 0: J 8300 Utica Ave.#300 INSURER E: Rancho Cucamonga CA 91730 INSURER F, COVERAGES CERTIFICATE NUMBER;CL139303281 REVISION NUMBER: C) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ICT 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, p EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Z INSR ADUE SUER LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIIYYYY MMIDD' GENERAL LIABILITY LIMITS EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMA E R N D P EM ES a occurrence $ EXCLUDED A CLAIMS-MADE X OCCUR BT01316281 /23/2013 /23/2015 N MED EXP(An one person) S EXCLUDED E PERSONAL&ADV INJURY L. 2,000,000 GENERAL AGGREGATE S 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: iY PRO- PRODUCTS-COMP/OP AEG $ 2,000,000 D. X PDLICY LOG $ AUTOMOBILE LIABILITY COMBIN 0 SINGLE LIMIT Lr Ea eM 00 ANY AUTO BODILY INJURY(Per person) S O ALL OWNED SCHEDULED to AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED AUTOS Pe�PERTY DAMAGE $ d r X UMBRELLA LIAR OCCUR $ C EACH OCCURRENCE $ 5,0 00,000 u B EXCESS LIAR CLAIMS-MADE - r AGGREGATE $ 5,000,000 DED RETENTIONS F13EXC79018I0C /23/2013 /23/2015 � WORKERS COMPENSATION $ C: AND EMPLOYERS'LIABILITY WCWAIU- 0TH. .N ANY PROPRIETOR/PARTNERIEXECUTIVE YIN C OFFICERMtEMBER EXCLUDED? El NIA E.L.EACH ACCIDENT $ a) (Mandatory in NH) E.L.DISEASE-Fli EMPLOYE $ Q If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE•POLICY LIMIT $ N E Q N En DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Anach ACORD 101,AddllloAal Remarks Schedule,If mete space Isrequlretl) ' re: Lease R.L. 2470 APN 0261-791-42 (San Bernardino County) J j The Metropolitan Water District of Southern California is named as additional insured on the general liability per form CG 20 12 05 09. Waiver of subrogation applies to the general Liability per form CG 24 v 04 10 93. E I U I � a- I ICERTIFICATE HOLDER CANCELLATION 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The Metropolitan Water District of ACCORDANCE WITH THE POLICY PROVISIONS. Southern California P.O. BOX 54153 AUTHORIZED REPRESENTATIVE Los Angeles, CA 90054-0153 Chuck Swan/RRISTI �- " "e` 5-J "^�--` ACORD 25(2010/05) ©1988.2010 ACORD CORPORATION. All rights reserved. INS025(201006)DI The ACORD name and logo are registered marks of ACORD i Packet Pg. 619 POLICY NUMBER. BT01316281 COMMERCIAL GENERAL LIABILITY CG 20 12 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ' ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following. State Or Governmental Agency Or Subdivision Or Political Subdivision: d rn O d Per Written Contract J Information required to complete Ihts Schedule,if not shown above,will be Shown in the Declarations. O d' O Z C m COMMERCIAL GENERAL LIABILITY COVERAGE PART C d SCHEDULE E Q N Section If—Who is An Insured is amended to include as an insured any stale or governmental agency or d subdivision or political subdivision shown in the Schedule,subject to the following provisions: 1. This insurance applies only with respect to opera- C to lions performed by you or on your behalf for which the slate or governmental agency or subdivision or political subdivision has issued a permit or au- uionzation. 2 o . This insurance does not apply to: a."Bodily injury`,"property damage"or"personal and .— advertising injury"arising out of operations performed o for the federal government,state or municipality.or C b."Bodily injury"or"property damage"included within +� C the"products-completed operations hazard". y E M C N I Q1 O N t4 N J CG 2012 05 09 U Insurance Services Office,Inc.,2008 Page 1 of 1 +: C m i E U i a 1 I a i i I 1 I Packet Pg. 620 BI1 POLICY NUMBER: BT01316281 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART m ca SCHEDULE Name of Person or Organization.As per written contract As Required by Written Contract 0 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) z The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV—COMMER- c m CIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: E We waive any right of recovery we may have against the person or organization shown in the Schedule above m because of payments we make for injury or damage arising out of your ongoing operations or"your work"done E under a contract with that person or organization and included in the "products-completed operations hazard". a This waiver applies only to the person or organization shown in the Schedule above. N a: a! O O 7 r O N V_ O C r C C Q E a N R d J C I a) i E U Y a i a I i 1 J CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 p I I Packet Pg. 621 5.U.e CERTIFICATE OF LIABILITY INSURANCE [:2/-IMM/DDlYYYI) 3/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE,HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. '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). PRODUCER C N ME: NTA Tarie Turner a CDS Insurance Services PRONE (gOg)59g_7200 FAX License # OC88587 EMAIL — rA No (909)599-2700 2001 E. Financial Way INSURERIS)AFFORDING COVERAGE NAIC q Glendora CA 91741 INSURERA:State Compensation Ins. Fund _ INSURED - 5076 INSURERB:EVElTCSt I`Tat20nal InSUJ=ante Co d F H II Homebuilders, Inc. wsuRERC: U) 8300 Utica Ave #300 rD INSURER D: J INSURER E. Rancho Cucamonga CA 91730 INSURERF: COVERAGES CERTIFICATE NUMBER:13-14 REVISION NUMBER: O THIS IS TO CERTIFY THAT THE POLICIES UI INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION D ANY CONTRACTOR OTHER DOCUMENT'WITH RESPECT TO WHICH THIS CERTIFICATE MAY O ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Z INSR LiT2 Tl'PEOFiivSURANCE A00 R POLICY NUMBER MMmMIYYY MMIDDNYYP = GENERAL LIABILITY LIMITS EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY DAMA REN'ED $ P EMISES Ee oec ence $ C CLAIMS-MADE OCCUR MED EXP(pny one person) $ N PERSONAL&ADV INJURY $ Q GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- PRODUCTS-COMP/OP AGG $ d LOC AUTOMOBILE LIABILITY F4CA00207-131 /6/13 /6/14 CO BINED SINGLE UMR $ W X ANYAUTO Eaaccrknt 1,000,000 0o ALL OWNED EX SCHEDULED BODILY INJURY(Per person) S CD B AUTOS AUTOS X NIREDAUTOS NON-OWNED BODILY INJURY(Per accident} $ AUTOS PPROePEERT DAMAGE $ _ d $ O UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE g r OED RETENTION$ O A WORKERS COMPENSATION X WC STA7EAEMPLOYE OTH- $ A .6 AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERNEMBER EXCLUDED? N/A E.L.EACH AC $ 1 N (Mandatory In NH) 9064126-13 /4/2013 /4/2014 If yes,describe under E.L.DISEASE $ 1 DESCRIPTION OF OPERATIONS below E.L,DISEASE IMIT $ 1 E Q 0) DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks schedule,If more space Is required) re: Lease R.L. 2470 APN 0261-791-42 (San Bernardino County) o ! -i The Metropolitan Water District of Southern California is named as additional insured on the auto policy endorsement to follow from carrier. Waiver of subrogation applies to the auto policy - endorsement to follow. E Waiver of subrogation applies to the work comp per form 2570 - endorsement to follow from carrier. 3 ow V � Q CERTIFICATE HOLDER CANCELLATION i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The Metropolitan Water District of ACCORDANCE WITH THE POLICY PROVISIONS. j Southern California P.O. BOX 54153 AU'fHORIZEDREPRE5EN7ATIVE j Los Angeles, CA 90054-0153 Chuck Swan/SANDRA ACORD 25(2010105) ©1 udd-2010 ACORD CORPORATION. All rights reserved. INS025(zoioos).oi The ACORD name and logo are registered marks of ACORD I Packet Pg. 622 y 5.U.f AMENDMENT NO. 2 TO LEASE ® R.L. No. 2470 Foothill Feeder—Rialto Pipeline MWD Parcel No. 1606-30-5 APN 0261-731-42 WSO La Verne Team Lease R.L. 2470 between THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA and FH II, LLC is hereby amended by deleting in its entirety y Paragraphs 2 and 11 thereof, and substituting therefor the following: J 2. TERM. The term of this lease shall be from March 1, 2015 through August 31, 2015. o 0 11. IMPROVEMENTS. No structures or improvements shall be constructed or 6 maintained on the Property without the Lessor's written consent first had and obtained. Any changes in Lessee's improvement plans shall require Lessor's approval prior to construction. M c Except as herein amended, all terms and conditions of Lease R.L. 2470 shall E continue in full force and effect. a U) Date Executed: 3 �j� � .___.__..._. co a Lessor's Mailing Address: THE METROPOLITAN WATER DISTRICT NOW Post Office Box 54153 OF SOUTHERN CALIFORNIA 7T- Los Angeles, CA 90054 Attention: Real Property Development Jeffrey Kightlinger N and Management Group General Manager N Telephone (213) 217-7750 tr Z7 o By; c John Clairday, Mana&AK E Real Property Development and Management Group E a Lessor a� J Date Executed: -2 3 AL,o I w E Lessee's Mailing Address: FH Il, LLC 8300 Utica Avenue, Suite 300 Rancho Cucamonga, CA 91730 By: _�..�,______�� a Telephone (909) 354-8000 James reviti, President By: Richard Mtmkvord,Ch ef`Iiinancial Officer Lessee PCN:Ihm s:\RPDMJ\WA5685-Lease Amendment No.2.docx Packet Pg. 623 EXHIBIT A 6 - - 1 06 �4 5 (Portion) Foothill Feeder/Rialto Pipeline Lease RL 2470 MWD to Pine Trails Partners, LLC. That portion of Block 39, Irvington band 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 C Bernardino by Permanent Easement Deed recorded March 30, 1988 as Document No. 88-093112 of r Official Records of said County. 6 z All as shown on Exhibit"B"attached hereto and made a part hereof. E z Subject to any and all existing uses, licenses, permits, easements, rights of way, covenants, _ m conditions and restrictions. E Q END OF DESCRIPTION a co 0 cc NNW PREPARED UNDER MY SUPERVISION ----. { _ --'. 1 �✓ _ Peter G. W',etttan P.L.S. 6241 Na EKP. CD 1 Date E OF L1� Q J C N A.L.PTrojectsToothill_Feeder_Rialto Pipeline�ROW\Legal\1606-30-5.doe E February 22,2006 v ca Q Page 1 of I Packet Pg. 624 EXHIBIT B Page 1 of 1 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 LEGEND \� LEASE RL 2470 1 g6-3- D 5(PORTION) Ofd �O 60 o 10, 6 Z PERMANENT EASEMENT PER DOC.NO.88-093112 O.R. r' ' REC.03-341988 y E tsp. Iq�© 00 �h°' tiQ � o <tr t Vj p►,°' 111 t)U� ��'`� o 47j ��hN • 44 6. N a �PND S m NOT TO SCALE e U o E CL Q Exp y lk No. 2 VICINITY MAP F E PREPARED UNDER ` F M-S.UPERVISION THE METROPOLITAN WATER DISTRICT a 4,Q SITE OF SOUTHERN CALIFORNIA FOOTHILL FEEDER ete iseman P.L.S. 6241 LEASE RL 2470 MWD TO PINE TRAILS PARTNERS, LLC. aor ro DATE 1606.30.5(PORTION) star, J:Projects/Foothlllfeeder-4lalto_Plpellne/ROW/exhlbII606-30-5.dgn 02-22-2006 AL t� Packet Pg. 625 EXHIBIT C A CERTIFICATE OF LIABILITY INSURANCE 2�3�2014YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. 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). PRODUCER NAMf:. CDS Insurance Services PHONN (909)599-7200 Fa70.N0 i(909)599-2700 License # OC88587 hMAIL ,certificatesecdsinsurance.com 2001 E. Financial Way INSURER(S)AFFORDING COVERAGE NAIC Glendora CA 91741 INSURERA,United Specialty Ins Co (D INSURED FH II, LLC; FH II GP; INSURERS Nava ators Specialty Ins. Co. FH II Homebuilders, Inc; FH II Nu Ventures, INSURERC:West American Ins. Co. J LLC' Frontier Communities & Nnco Homes, LLC INSURERDState Co ensation Ins. Fund 0 6300 Utica Ave.##300 INSURER E: Rancho Cucamonga CA 91730 1 INSURERF: COVERAGES CERTIFICATE NUMBER:CL139303261 REVISION NUMBER: O THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I' INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VIMICH THIS 6 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Z EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BYPA)D CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER MMID�YEFF MMIMYYYY LIMITS d LTR GENERAL LIABILITY E EACHi OrCURRE`JCE 2,000,000 Y CIT `S LwY r :eN r t '^ RF E tr; � �r rc�'= � --- EXCLUDED � A Ya, I,,,- E C �uli 701316261 /23/2013 /23/2015 ;SEC .F larson ra.­o 1^_ EXCLUDED E EI(�?N,,L -Ao', 11"jRY $ 2,000,000 d 2Ef EPAL;iG PEGAit $ 2,000,000 r t;,..r �,TEI_ILiI APP(_IE.S,t­R 2,000,000 D. X ut.iCY :111 Lr AUTOMOBILE LIABILITY 7 777MED 7171 1 LYN`i.. _$ 1,000,000 0 15 56190235 /6/2019 /6/2015 i (Per _ L � X .y:tI v ( ) R�r Ll PJJURY pe son) S .-"----...__.... cc HE LED BOGLY iNJURI 1 .I ac..identj AL!1 , r, _ h0N_3t ,LC 77777,77'77MAGE X nr�ED'��1'i;h X ALAOJ Pero adrtI T $ Q X UMBRELLA LIAB occl�R r1,_HOrcI_RREEhe $ 5,000,000 EXCESS LIAB GATE $ 5,000,000 B �iA7N1.`y-MADE .`ti�GRE. DEC) RL-ENFIUN$ F13EXC7901SIOC /23/2013 /23/2015 $ WORKERS COMPENSATION X lAc ?Ti,,TU- OTH- ++ AND EMPLOYERS'LIABILITY TR Y I WRTS FQ = ANY PROPRIETORIPARTNERIE7.ECUTIVE YIN I AC rACCI E0j. 11000,000 � D OFFICERIMEMBERE)fCLUDFD4 NIA 9064126-14 /4/2014 /4/2015 E (Mandatory in NH) LLC C/�E-I A EMPi 0 YEE 5 11000,000 '� If yes describe urder DESCRIPTION OF OPERA(IOWx below El_DISEASE-POLICY LIMIT $ 1,000,000 0) E d N tC DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(Attach ACORD 501,Additional Remarks Schedule,if more space is required) re: Lease R.L. 2470 APR 0261-791-42 (San Bernardino County) J The Metropolitan Water District of Southern California is named as additional insured on the general liability per form CG 20 12 05 09. Waiver of subrogation applies to the general liability per form CG 24 W 04 10 93. s v fa a CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The Metropolitan Water District of ACCORDANCE WITH THE POLICY PROVISIONS. Southern California P.O. BOX 54153 AUTHORIZED REPRESENTATIVE Los Angeles, CA 90054-0153 Chuck Swan/KRISTI ACORD 25(2010/05) (0 1988-2010 ACORD CORPORATION. All rights reserved. INS025 poloos)01 The ACORD name and logo are registered marks of ACORD Packet Pg. 626 5.U.f _1131T C POLICY NUMBER: BT01316281 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US TI ndors me eitt rnOdi#+e tn�urance provicf6i1 der the following; �- COM tAL GENERAL LIABIL ERAGE PART J SCHEDULE p Name of Person or Organization:As per written contract As Required by Written Contract 6 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations Z as applicable to this endorsement.) _ The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMER- E CIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above E because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. o: o: 00 0 to d' u� r- Q N N O C C E C N E Q N cc J a-. C fll E U t6 Q CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 Packet Pg. 627 y POLICY NUMBER BT01316281 COMMERCIAL GENERAL LIABILITY CG 20 12 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following, N N State Or Governmental Agency Or Subdivision Or Political Subdivision: O J Per Written Contract 0 Information required to complete this Schedule.if not shown above,will be shown in the Declarations 0 O Z C W E C COMMERCIAL GENERAL LIABILITY COVERAGE PART d E SCHEDULE Q U) IX n: Section fl—Who Is An Insured is amended to include Ix as an insured any slate or gnvemmenlal agency or subdivision or political subdivision shown in the 00 Schedule,subject to the following provisions, c(D D 1. This insurance applies only with respect to opera- lions performed by you or on your behalf for which the slate or governmental agency or subdivision or r political subdivision has Issued a permit or au• N Ihorizalion. 2. This insurance does not apply to: N a."Bodily injury","property damage"or"personal and advertising injury"arising out of operations performed for the federal government,slate or municipality,or e b."Bodily injury"or"property damage"included within ai the"products-completed operations hazard". E .a c E Q N ra m J CG 20 12 05 09 t4:Insurance SRrv4tPq Offira,lnc,20nR Page 1 of 1 = Q E s U N r� a. Q k Packet Pg. 628 EXITIBIIT C. 5.U.f CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DOIYYYY) k.... 12/4/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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). PRODUCER CONTACT NAME CDS Insurance Services PHONE (909)599-7200 FAX (909)599-2700 A/C No License # OC88587 EMAIL .certificates @cdsinsurance.com 2001 E. Financial Way INSURERS AFFORDING COVERAGE NAIC# Glendora CA 91741 INSURERA:United §pecialty Specialty Ins Co d INSURED FH II, LLC; FH II GP; INSURER B:Nav1 atorS S ecialt Ins. Co. FH II Homebuilders, Inc; FH II Nu Ventures, INSURERC:West American Ins. Co. J LLC' Frontier Communities & Nuco Homes, LLC INSURERD:State Compensation Ins. Fund 0 8300 Utica Ave.#300 INSURER E: �y Rancho Cucamonga CA 91730 INSURER F: COVERAGES CERTIFICATE NUMBER:CL139303281 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 1* INDICATED NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS p CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, z EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, C IN SR - POLICYEFF P 3JCYEXP --- - LTR TYPE OF INSURANCE WVO POLICY NUMBER (MMIDOfYYYYI IMMI2DaXYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL I.IARILITY � PREMhE Ea ecurr n ) $ EXCLUDED C A CLAIMS-MADE a OCCUR BT01316281 /23/2013 /23/2015 MED EXP(Any one person) $ EXCLUDED E PERSONAL&ADV INJURY $ 2,000,000 Q GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 d X POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED c I L LIMIT I :'Ea accident 1,000,000 CD L. Ix ANV AUTO W (15) 56190235 /6/2014 /6/2015 BODILY INJURY(Per person) $ co AUTOS AU rOS ALL OWNED SCHEDULED BODILY INJURY(Per accldenl)X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peraecaie/a r $ p X I UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAR N B HCLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTIONS P13EXC79018IOC /23/2013 /23/2015 $ C WORKERS COMPENSATION X WC 3TATU- I 0TH- _ AND EMPLOYERS'LIABILITY ORY ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 c D OFFICER/MEMBER EXCLUDED? N I A G {Mandatory in NH) 9064126-14 /4/2014 /4/2015 E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under C DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 N E Q N R DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) 0) re: Lease R.L. 2470 APN 0261-791-42 (San Bernardino County) J The Metropolitan Water District of Southern California is named as additional insured on the general C liability per form CG 20 12 05 09. Waiver of subrogation applies to the general liability per form CG 24 a) 04 10 93- Waiver of subrogation applies to the work comp per attached form 2670. _ V R w a CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The Metropolitan Water District of ACCORDANCE WITH THE POLICY PROVISIONS. Southern California P.O. BOX 54153 AUTHORIZED REPRESENTATIVE Los Angeles, CA 90054-0153 Chuck Swan/KRISTI ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005)01 The ACORD name and logo are registered marks of ACORD Packet Pg. 629 k' POLICY NUMBER �` IT BT01316281 CMERCIALGENERAL LIABILITY CG 20 12 050% THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION -- PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following. ris State Or Guvemmental Agency Or Subdivision Or Political Subdivision_ d J Per Written Contract L Inforwaiiun rerlusred to corn lele this 5cherloie,if not shown above.will be shown in the Declaralions O d. O Z C d E G COMMERCIAL GENERAL LIABILITY COVERAGE PART N E SCHEDULE Q P n: Section 11—Who Is An Insured is amended to include fY as an insured any stale or govemmenlal agency or subdivision or political subdivision shown in the 00 4 Schedule,subject to the following provisions 0 1. This insurance applies only with respect to opera. lions performed by you or on your behalf for which the slate or governmental agency or subdivision or political subdivision has issued a permit or au- c thorizalion. 2. This insurance does nol apply to, N a."Bodily injury"."properly damage"or"personal and C advertising injury"arising out of operations performed for the federal government,stale or municipalily,or b.'Bodily injury"or"property damage"included within the"products-completed Operations hazard". E E C d E Q N N R N J cc,20 12 05 no t Msc,rance Se visa CTffrp Inc 9nnfa Page i of 1 O E U N a ti Packet;Pg.630 5.U.f E 21 tl.B I T C POLICY NUMBER: BT01316281 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US T endorsement modifies irtse�rnce provided under the following; CO CIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Na :As per written contract 0 As Required by Written Contract 6 (If no entry appears above, information required to complete this endorsement wilt be shown in the Declarations Z as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV—COMMER- E CIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: _ We waive any right of recovery we may have against the person or organization shown in the Schedule above E because of payments we make for injury or damage arising out of your ongoing operations or"your work"done Q under a contract with that person or organization and included in the "products-completed operations hazard". co This waiver applies only to the person or organization shown in the Schedule above. o: 00 O CO t!> r O N_ N 6 C r C N 'II C d E N W J C N E U c6 a CG 24 44 10 93 Copyright, insurance Services Office Inc., 1992 Page 1 of 1 Cl Packet Pg. 631 5.U.f WAIVLWD6fSWf&b f&ENT 9064126-14 STATE EX? IL,P, RENEWAL C SP ,IF FUND , PAGE 1 HOME OFFICE EFFECTIVE DECEMBER 1, 2014 AT 12 .01 A.M. SAN FRANCISCO AND EXPIRING JULY 4, 2015 AT 12 .01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME F H II HOMEBUILDERS, INC ca CD 8300 UTICA AVE STE 300 J D RANCHO CUCAMONGA, CA 91730 ?? 2 0 rr 6 z c ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, E IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, E a U) w THE METROPOLITAN WATER DISTRICT OF SOUTHE I;. 0 WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS to POLICY IN CONNECTION WITH WORK PERFORMED BY, `r v- 0 F H II HOMEBUILDERS_ INC N O G IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE a EMPLOYER. E IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH a 0 EMPLOYEES SHALL BE INCREASED BY 03%. d J c d E t v R a NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. :OUNTERSIGNED AND ISSUED AT SAN FRANCISCO: DECEMBER 4, 2014 2570 AUTHORIZED REPRESENT iVE PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) nln rip 117 Packet Pg.632; STATE FUNi_L� December 4, 2014 Policy 9064126-14 m ca CDS INS SVCS SANDRA MARROQUIN 2001 E FINANCIAL WAY, STE 200 GLENDORA, CA 91741 0 6 z Dear SANDRA 14ARROQUIN: c m E The list below indicates the documents which were recently = sent to your client. We have also enclosed copies of the documents to assist you in servicing your client. If you have a any questions regarding these documents, please feel free to v> contact: CL X The State Fund Customer Service Center at (877) 405-4545. 0 0 cc Document Type: in New Business N X Endorsements N Bills o Renewal Documents = Dividend Summary Cancellation / Rescission Documents E _ Collection Document c Certificate of Insurance E d a� c� a� J c CDS INS SVCS SANDRA MARROQUIN 2001 E FINANCIAL WAY, STE 200 GLENDORA, CA 91741 Q 1275 Market Street • San Francisco, CA 94`103-1410 Mailing Address: P.O. Box 420807 . San Francisco, CA 94142-0807 Packet Pg. 633 a ENDORSEMENT AGREEMENT BROKER 'CO s.u.f STATE WAIVER OF SUBROGATION � 9064126-14 RENEWAL SP HOME OFFICE SAN FRANCISCO PAGE 1 OF 1 ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC EFFECTIVE DECEMBER 1, 2014 AT 12.01 A.M. STANDARD TIME OR THE TIME INDICATED AT AND EXPIRING JULY 4, 2015 AT 12.01 A.M. PACIFIC STANDARD TIME F H II HOMEBUILDERS, INC m rn 8300 UTICA AVE STE 300 RANCHO CUCAMONGA, CA 91730 J 0 0 6 Z ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, y IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND E WAIVES ANY RIGHT OF SUBROGATION AGAINST, c E Q THE METROPOLITAN WATER DISTRICT OF SOUTHE U) WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS w POLICY IN CONNECTION WITH WORK PERFORMED BY, co us F H II HOMEBUILDERS, INC c N_ N IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN 6 c PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION = OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE E EMPLOYER. a c m IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH Q EMPLOYEES SHALL BE INCREASED BY 03%. rn N N J C N E t U eQ a NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED ATf SAN FRANCISCO: DECEMBER 4, 2014f 2570 AUTHORIZED RI_PRESENT IVE PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) OLD OP 217 PacketPg.634 t 5.U.f BROKER COPY 9064126-14 RENEWAL SP ;.r ITS + . _ a� a� J f� O d' O Z c d E c m E Q a: PLEASE KEEP THIS o to ENDORSEMENT WITH YOUR POLICY 0 N_ N O c r c d E 'L! c d E a M J c E V a Dear Policyholder: These endorsements amend and are part of your policy. Please keep them with your documents for future reference. If you have any questions concerning these endorsements, Please contact your local State Fund office. Packet Pg. 635 S.U.g I RESOLUTION NO. 2015-208 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF 3 AMENDMENT NO. 3 TO LEASE WITH METROPOLITAN WATER DISTRICT OF 4 SOUTHERN CALIFORNIA, RELATIVE TO ASSESSMENT DISTRICT NO. 1055 IN THE PINE AVENUE AND REDWOOD STREET AREA, TRACT NO. 17716. 5 WHEREAS, on February 20, 2007, by Resolution No. 2007-046, the Mayor and 0 6 Common Council authorized and directed the execution of an acknowledgement of a lease 8 between the Metropolitan Water District of Southern California (MWD) and Pine Trails z° c as 9 Partners, LLC (Pine Trails), relative to a proposed City Assessment District in the Pine -Ea 10 E Avenue and Redwood Street area, now known as Assessment District No. 1055, in relation a 11 � 12 to Tentative Tract No. 17716; and L 13 WHEREAS, on March 19, 2014, Amendment No. 1 to Lease was executed between ED le 14 MWD and Pine Trails by substituting FH II, LLC as the Lessee, and establishing the term c N 15 of the lease to be from March 1, 2014 through February 28, 2015; and on March 23, 2015, N 16 6 1,7 Amendment No. 2 to Lease was executed between MWD and FH lI, LLC, extending the M 18 term to August 31, 2015; and z6 19 WHEREAS, the City of San Bernardino is ready to assume landscape maintenance 20 responsibilities for Assessment District No. 1055, which includes the area over the MWD E 21 a owned parcels covered by the lease agreement; and the parties wish to extend the Lease a 22 J 23 for one (1) additional term beginning September 1, 2015 through August 31, 2016. W E 24 NOW BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 25 THE CITY OF SAN BERNARDINO AS FOLLOWS: Q 26 SECTION 1. The City Manager is hereby authorized and directed to execute on 27 behalf of the City, Amendment No. 3 to Lease with MWD by substituting the City of San 28 Bernardino as the Lessee and establishing the term of the lease to be from September 1, 2015 Packet Pg. 636 5.U.g 1 through August 31, 2016, relative to Assessment District No. 1055 in the Pine Avenue and 2 Redwood Street area, pursuant to the Conditions of Approval for Tentative Tract No. 17716, 3 said Amendment No. 3 to Lease is attached hereto as Exhibit "1" and incorporated herein. 4 SECTION 2. The authorization to execute the above referenced Amendment is 5 J rescinded if the parties to the Agreement fail to execute it within ninety (90) days of the 6 7 passage of this Resolution. Y 6 8 z Y _ as 9 w 10 E Cn 11 a 12 co 13 °to 14 0 N 15 r 0 N 16 6 d 17 M 18 Z Y 19 E 20 E 21 in 22 M J Y 23 E 24 U Y Y 25 a 26 27 28 Packet Pg. 637 5.U.g 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF 2 AMENDMENT NO. 3 TO LEASE WITH METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, RELATIVE TO ASSESSMENT DISTRICT NO. 1055 IN 3 THE PINE AVENUE AND REDWOOD STREET AREA,TRACT NO. 17716. 4 d 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 0 6 � and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 0 7 the 21St day of September, 2015, by the following vote,to wit: o 8 Z _ 9 Council Members: AYES NAYS ABSTAIN ABSENT E a 10 MARQUEZ X Q 11 BARRIOS x a 12 VALDIVIA X 00 13 14 SHORETT x 0 N 15 NICKEL X Ln 0 N 16 JOHNSON X o N d 17 MULVIHILL X �-- M 18 Z -� 19 - 20 George Hanna, C, City Clerk 21 The foregoing resolution is hereby approved this '�y day of September, 2015. a 1 N 22 2 `� J 23 R. CAREY AVIS, Mayor 24 City of San Bernardino w 25 Approved as to form: Q 26 GARY D. SAENZ, City Attorney t 27 y- 28 Packet Pg. 638 2015-208 1 2 EXHIBIT 461" 3 -Amendment No. 3 to Lease- 4 5 J O 6 [See attached] 0 7 6 8 z CD 9 10 E a 11 � a 12 ° 13 ° ° 14 0 N LO 15 rl ° N 16 0 d 17 M 18 ° z 19 E 20 E 21 U) 22 d J a.+ 23 CD E 24 U Rf 25 Q 26 27 28 Packet Pg. 9-9 2015-208 1FCC AMENDMENT N0. 3 TO LEASE R.L.No. 2470 Foothill Feeder—Rialto Pipeline MWD Parcel No. 1606-30-5 APN 0261-731-42 WSO La Verne Team y t0 d Lease R.L. 2470 between THE METROPOLITAN WATER DISTRICT OF 0 SOUTHERN CALIFORNIA and FH 11, LLC is hereby amended by substituting CITY OF SAN BERNARDINO as Lessee, and by deleting in its entirety Paragraphs 2 & 4 thereof, and o substituting therefor the following: 1* 6 z 2. TERM. The term of this Lease shall be year-to-year beginning on = September 1, 2015 and terminating on August 31, 2016. This Lease may be terminated in accordance with the provisions of Paragraph 9 herein below. c E 4. RENT. The initial rent shall be $2,594 annually payable in advance. N Except as herein amended, all terms and conditions of Lease R.L. 2470 shall continue in full force and effect. o to v Date Executed: 0 Lessor's Mailing Address: THE METROPOLITAN WATER DISTRICT Post Office Box 54153 OF SOUTHERN CALIFORNIA N Los Angeles, CA 90054 d Attention: Real Property Development Jeffrey Kightlinger and Management Group General Manager M Telephone (213) 217-7750 6 Email: RealEstateServices @mwdh2o.com z c d E By: John Clairday, Manager a Real Property Development N and Management Group c Lessor d E U w w d [Signatures continue on next page] Packet Pg. 640 5.U.g Amendment No. 3 to Lease -2- 2015-208 R.L. 2470 Date Executed: as Lessee's Mailing Address: CITY OF SAN BERNARDINO 300 N. D Street, P Floor ° San Bernardino, CA 92418 Attn: Real Property Section ° Telephone(909) 384-5226 6 Email: Sandoval_ry @sbcity.org z By: Allen Parker, City Manager �E c d Lessee QE a co ATTEST: c v 0 N In Georgeann Hanna, City Clerk 0 N 6 0 G1 M Approved as to form: z6 GARY D. SAENZ, City Attorney Y �1 E By a� E v J ai C E S V w Q Packet Pg. 641 2015-208 AMENDMENT NO.3 TO LEASE R.L.No. 2470 Foothill Feeder-Rialto Pipeline MWD Parcel No. 1606-30-5 APN 0261-731-42 WSO La Verne Team d d J Lease R.L. 2470 between THE METROPOLITAN WATER DISTRICT OF ° SOUTHERN CALIFORNIA and FH II, LLC is hereby amended by substituting CITY OF SAN BERNARDINO as Lessee, and by deleting in its entirety Paragraphs 2 & 4 thereof, and 1 Iq substituting therefor the following: o z 2. TERM. The term of this Lease shall be year-to-year beginning on September 1, 2015 and terminating on August 31, 2016. This Lease may be terminated in accordance with the provisions of Paragraph 9 herein below. a 4. RENT. The initial rent shall be $2,594 annually payable in advance. N a: Except as herein amended, all terms and conditions of Lease R.L. 2470 shall continue in full force and effect. v Date Executed: LO 0 Lessor's Mailing Address: THE METROPOLITAN WATER DISTRICT Post Office Box 54153 OF SOUTHERN CALIFORNIA N Los Angeles, CA 90054 Attention: Real Property Development Jeffrey Kightlinger and Management Group General Manager M Telephone(213) 217-7750 ° z Email: RealEstateServices @mwdh2o.com E a� E e Prope op and Management Group J Lessor E E U r+ w Q [Signatures continue on next page] Packet Pg. 642 2015-208 Amendment No. 3 to Lease -2- R.L. 2470 Date Executed: �ec ol6er_ U) a� Lessee's Mailing Address: CITY OF SAN BERNARDINO J 300 N. D Street, 3`d Floor San Bernardino, CA 92418 0 Attn: Real Property Section Telephone (909) 384-5226 6 Email: Sandoval_ry@sbcity.org w By: Alle arker, City Manager 0 Lessee n: 00 0 ATTEST: v C_/v iz� CD N tf! George Hanna, City Clerk N 6 d Cl) 6 Approved as to form: z r GARY D. SAENZ, City Attorney E By: a d N f4 d J r G d E U w a Packet Pg. 643