Loading...
HomeMy WebLinkAboutContracts & Agreements_165-2017 Electronically Recorded in Official Records,County of San Bernardino 7/24/2017 BOB DUTTON N 00 PM NC ASSESSOR RECORDER CLERK Recording Requested by '° 367 City of Redlands Clerk and when Recorded mall to City Clerk Doc# 2017-0299710 Titles 1 Pages 22 City of Redlands Fees 00 PO Box 3005 Taxes 00 Redlands, CA 92373 Other PAID 00 FEES NOT REQUIRED PER GOVERNMENT CODE LEASE AGREEMENT SECTION 6103 This Lease Agreement ("Lease") is entered into as of this 18th day of July, 2017 (the `Effective "Date"), by and between the City of Redlands, a California general law city and municipal corporation ("City"), and The Redlands Conservancy, a California non-profit public benefit corporation ("Tenant") City and Tenant are sometimes individually referred to herein as a"Party" and, together, as the"Parties RECITALS WHEREAS, City is the owner of certain open space property located in Live Oak Canyon in the City of Redlands (the "Property") which is described in more detail below in Section 1 of this Lease, and WHEREAS, the Property was purchased partially with City Park and Open Space funds, and partially with the proceeds of a grant from the State of California, Wildlife Conservation Board, which requires the Property to be used partially, but not exclusively, fol native plant restoration, environmental education, wildlife habitat protection, and passive recreation, and WHEREAS, City and Tenant, to fulfill their respect missions to conserve Redlands' irreplaceable natural resources and comply with the "Notice of Unrecorded Grant Agreement (With Covenants Affecting Real Property)" (the "Covenants") executed by City and recorded against the Property as required by the State of California, Wildlife Conservation Board, desire to restore native plant habitat, and provide environmental education and passive recreation opportunities on the Property, and WHEREAS, Tenant desires to lease the Property from City and City desires to lease the Property and the buildings and structures located thereon to Tenant, and WHEREAS, the Parties desire to enter into this Lease to memorialize the terms and conditions upon which Tenant shall lease the Property from City, NOW, THEREFORE, in consideration of the mutual promises contained herein, and for such other good and valuable consideration the receipt of which is hereby acknowledged, the City of Redlands and The Redlands Conservancy agree as follows 1 1\ca\djm\Agreements\Redlands Conservancy Lease Live Oak.Finar.doc AGREEMENT Section 1 Lease of Premises City hereby leases to Tenant the real property and improvements located at 31313 Live Oak Canyon Road, identified as San Bernardino County Assessor Parcel Nos 0300-231-36 and 0300-241-24 and 25, in the City of Redlands, county of San Bernardino, state of California, consisting of(1) an approximately 1,200 square foot house (the "House"), (ii) a cai port, (in) three (3) main outbuildings, including a barn and two sheds, and five (5) smaller ancillary structures (the "Outbuildings"), and (iv) an approximately five (5) acre fenced field with approximately one hundred (100) yards of frontage on Live Oak Canyon Road (the "Fenced Field") (collectively, the "Premises ") The Premises are further described on Exhibit"A," attached hereto and incorporated herein by reference Section 2 Approval of Wildlife Conservation Board Within ten (10) days of City's approval of this Lease, in accordance with the Covenants, which provide in relevant part that the Premises "shall not be sold, transferred, exchanged or otherwise conveyed without the written approval of the State of California, acting through the Executive Director of the Wildlife Conservation Board" (the "Executive Director"), City shall submit a copy of this Lease to the State of California, Wildlife Conservation Board, for its deteinunation of whether this Lease requires such approval from the Executive Director In the event the Executive Director determines this Lease is subject to the Covenants, and the Executive Director fails to approve this Lease and provides written notification to City of the same, City shall provide similar written notice to Tenant and this Lease shall thereupon immediately terminate without further action of the Parties Section 3 Use of Premises During the tern of this Lease, Tenant shall use the property in accordance with the Covenants, a copy of which is attached hereto as Exhibit `B" and incorporated herein by this reference, solely for purposes of wildlife habitat for sensitive and Federal/State listed endangered and threatened species, open space protection and preservation, restoration and management, wildlife-oriented education and research and for compatible public and private uses, all as may be consistent with wildlife habitat preservation and protection of sensitive biological resources In connection therewith, Tenant may monitor and maintain the Premises and utilize the Premises in accordance with the uses permitted by City's Resource Preservation General Plan land use designation and City's A-1 zoning designation for the Premises, of such other General Plan and zoning designations as may be subsequently approved by City, for an outdoor educational facility including demonstration gardens, trailhead staging area and parking facilities, and fundraising events which shall be subject to the prior written approval of City Tenant may also locate a temporary, moveable recreational vehicle or mobile home or trailer (the "Temporary Residence") on the Premises to serve as a residence for use by a caretaker who will monitor the safekeeping of the Premises Notwithstanding the foregoing, no Temporary Residence shall be located on the Property, nor shall any such Temporary Residence be occupied, except pursuant to separate written agreement entered into by City and Tenant Section 4 Term The term of this Lease shall be for twenty (20) years commencing on the Effective Date of this Lease (the "Initial Term") Tenant may renew this Lease, subject to City prior written approval, for one additional twenty (20) year terin, and one subsequent fifteen 2 1\ca\dlmWgreements\Redlands Conservancy Lease 1 rve Oak.rinal.doc (15) yeas term (each, a "Renewal Term") The Initial Tern and the Renewal Teams are collectively referred to herein as the "Term" of this Lease Section 5 Rent Tenant shall pay City rent in the sum of Ten Dollars ($10 00) pea yeas fol use and occupancy of the Premises The rent shall be payable on or before August 1 st of each calendar yeas during the Term of this Lease at the office of City at 35 Capon Street, Redlands California, 92373 Tenant may, at its discretion and at any time, prepay the rent due during the Term of this Lease City shall have no obligation to refund to Tenant any rent that is prepaid to City in the event City terminates this Lease pnoi to the end of the Term as a result of Tenant's breach of this Lease Section 6 Holdover by Tenant If Tenant remains in possession of the Premises after the expiration or eailiei termination of the Terni of this Lease without executing a new lease,but with the written consent of City, then such holding over shall be considered as a month-to-month tenancy subject to all terms, conditions, and provisions of this Lease, except that Tenant shall pay to City as rent for the Premises the then-existing fan market rental value of the Premises as deteruned by City This Section 6 shall survive any expiration of termination of this Lease Section 7 Plans for Restoration of Buildinsis and Improvements A Tenant shall not make any improvements to the Premises (including those contemplated in Subsection B of this Section), without the prior written consent of City except, that after making reasonable, documented attempts to contact City for its approval, Tenant may undertake minor maintenance and repairs to the Premises which Tenant determines are immediately necessary to protect against injury to persons or property Within three (3) days of performing any mmol maintenance or repairs not verbally approved by City, Tenant shall provide written notification to City of the same All Tenant proposals for improvements to the Premises shall be submitted in writing to City for approval and contain such information as may be reasonably requested by City City shall approve or disapprove such proposals within forty five (45) days of their submission With the prior written consent of City, Tenant may enter into contracts and agreements for improvement work to be performed by contractors Any improvements or i eparrs performed by Tenant shall be authorized and performed pursuant to all applicable laws, including prevailing wage laws, and volunteers in accordance with California Labor Code section 1720 4 City makes no representation to Tenant as to whether the work associated with any improvements intended to be undertaken by Tenant constitutes a "Public Work" as that terra is defined by California Labor Code section 1720, and Tenant acknowledges and agrees that Tenant shall be solely responsible and liable for the detennmation of whether such work constitutes a "Public Work" Tenant further acknowledges that City is not an awarding authority for any contract entered into by Tenant fol the work associated with any improvements to the Premises, nor is City otherwise undertaking any "Public Work" for purposes of California Labor Code section 1781 Tenant shall defend, indemnify, and hold harmless City and its elected officials, officers and employees from and against any and all losses, damages, costs, claims, causes of action and liability based upon the assertion that City or Tenant has failed to comply with any applicable provision of the California Labor Code in 3 I\ca\dpn\Agreements\Redlands Conservancy Lease Live Oak.Final.doe connection with Tenant's undertaking of work associated with any improvements This Subsection 7A shall survive any expiration of termination of this Lease B City shall not assess an administrative fee on such contracts of agreements administered by Tenant Tenant shall have the right to remove all improvements made by it to the Premises provided such removal results in no damage to the Premises Improvements not removed by Tenant shall, on expiration of earlier termination of this Lease, remain on the Premises and become the property of City C Preliminary written plans foi the restos ation of the House and Outbuildings presently located on the Premises, including any demolition, improvements, alterations and repairs necessary foi such buildings, shall be submitted to City within one hundred twenty (120) days of the Effective Date of this Lease Such preliminary plans shall include a detailed comprehensive list of Tenant's proposed improvements to the House and Outbuildings Prior to performing any restoration of the House and the Outbuildings, detailed engineered construction plans shall be submitted to City for review and approval, and shall comply with all federal, local and state laws, including but not limited to compliance with the Americans with Disabilities Act Section 8 Limits on Public Use No public use of, or public entry upon, the Premises shall be permitted by Tenant except pursuant to subsequent written amendment to this Lease approved by the Parties Section 9 City Use of Premises City shall have the right of access to the Premises, of any part thereof, for municipal purposes which may include the use of the Premises foi City sponsored community meetings, events, and presentations which are consistent with the uses of the Premises permitted by the Covenants ("City Uses"), provided, however, such City Uses do not conflict with previously scheduled events or activities of Tenant City shall further have the right of access to the Premises foi the performance of necessary maintenance or repairing of any and all buildings, structures, and public improvements located on, under, or within the Premises, and foi the inspection of the Premises Section 10 State Access to Premises At the request of the State of California, Wildlife Conservation Board (the "Board"), not less than once in any period of three (3) calendar years, Tenant shall allow designated staff of the Board to access the Premises to assess compliance with the terms, covenants, and conditions of the Covenants Tenant shall provide advance written notice to City of any request foi such access made to Tenant City shall have the right to participate with the staff of the Board in connection with any inspection of the Premises requested pursuant to this Section Section 11 Hazardous Materials A Tenant shall not use or store any Hazardous Materials in, on, or about the Premises except in compliance with all applicable federal, state, and local laws, statutes, ordinances, and governmental regulations, and the highest standards prevailing in the industry foi storage and use of any such Hazardous Materials, nor allow any Hazardous Materials to be brought in the Premises, except to use in the ordinary 4 1\ca\djmWgreements\Redlands Conservancy Lease Live Oak.Final.doc course of Tenant's obligations under this Lease, and then only after written notice to City of the Hazardous Materials to be used by Tenant Tenant shall not cause or permit the escape, release, or disposal of any Hazardous Materials in the Premises If any govermnental agency requires any testing of the Premises to ascertain whether any Hazardous Materials have been released in, on, or about the Premises, Tenant shall reimburse City foi the cost of any such inspection if the inspection, together with any other evidence obtained by City, shows that the presence of such Hazardous Materials in the Premises was caused by Tenant, its agents, employees, contractors of invitees B In addition, Tenant shall, at City's request, execute affidavits,representations, or other documents concerning Tenant's best knowledge and belief regarding the presence of any Hazardous Materials in the Premises Tenant shall indemnify, defend, and hold harmless City from any liability, cost, of expense, including reasonable attorneys' fees, arising from the use, storage, release of disposal of any Hazardous Materials in, on, of about the Premises by Tenant, its agents, employees, contractors, of invitees The provisions of this section shall survive the expiration of earlier terimnation of this Lease C For the purposes of this Lease, the tenn "Hazardous Material" shall mean any substance of material which has been designated hazardous of toxic by any federal, state, county, municipal, of other govermnental agency or determined by such agency to be capable of endangering of posing a risk of injury to, or adverse effect on, the health of safety of persons, the enviromnent, of property, including without limitation those substances of materials described in the Comprehensive Enviromnental Response, Compensation and Liability Act of 1980, as amended, 42 U S C Section 9601, et seq Section 12 Taxes and Utilities Except for water service which shall be provided by City, Tenant shall pay all costs associated with the furnishing of all utilities and/oi services supplied to the Premises, excepting the costs for electricity used for City well site on the Premises, including gas, electric, telephone service, solid waste collection and septic charges Tenant shall make payments for such utilities directly to the provider of the utility service Section 13 Maintenance of Premises A Tenant shall maintain the Premises including trails and exterior fencing Tenant shall also perform abatement of non-native invasive plants as requested by City in accordance with the Redlands Municipal Code and California Fire Code B City will maintain the well that serves the Premises C The Temporary Residence for the onsite caretaker shall be installed and located on a City approved surface Utility connections to the temporary residence must be reviewed and approved by City prior to, and subsequent to, installation The terms of the Temporary Residence shall be defined within a Temporary Caretaker agreement reviewed and approved by City 5 1\ca\dim\Agreewents\Redlands Conservancy Lease.Live Oak.Final.doc Section 14 Notices Any notice of other communication required, of which may be given, pursuant to this Lease, shall be in writing Any such notice shall be deemed delivered (i) on the day of delivery in person, (ii) five (5) days aftei deposit in first class registered mail, with return receipt requested, (rn) on the actual delivery date if deposited with an overnight courier, of (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, of such other address as a Party may provide notice of in accordance with this section City Tenant City of Redlands The Redlands Conservancy Attn Chris Boatman Attn Shei h Leonard Quality of Life Dnector 35 Capon Street, Suite 222 PO BOX 855 Redlands, CA 92373 Redlands, CA 92373 Section 15 Defense, Indemnitv Hold Harmless Tenant shall defend (with counsel reasonably acceptable to City), idenmnify and hold harmless City, and its elected officials, officers, employees and agents from and against any and all claims, causes of action, damages, losses and liability resulting from Tenant's sole negligent acts of omissions, and willful misconduct of Tenant, and the negligent acts, omissions, and willful misconduct of its agents, employees and invitees during Tenant's occupation and use of the Premises during the Term of this Lease This Section 15 shall survive any expiration or termination of this Lease Section 16 Public Liability and Probeity Damage Insuiance Tenant shall maintain at its own cost for the Tern of this Lease, public liability insurance in the amount of One Million Dollars ($1,000,000) pei occurrence and Two Million Dollars ($2,000,000) in the aggregate, issued by an insurance company acceptable to City Tenant shall provide City with a certificate of insurance and endorsements showing City as a named additional insured on the policy prior to Tenant's use and occupancy of the Premises Such insurance shall be primary with respect to City and non-contributory to any insurance of self-insurance maintained by City The policy shall require that before amending of canceling the policy, the issuing insurance company shall give City at least thirty (30) daysprior written notice City and Tenant acknowledge and agree that the insurance required of Tenant is subject to annual review by City, and subject to increases in the amount and scope of coverage, as reasonably deternied by City Section 17 Business Auto Liabihtv Insurance Tenant shall maintain at its own cost for the Term of this Lease business auto liability coverage, with minimum lints of One Million Dollars ($1,000,000)pei occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Tenant- owned vehicles used in connection with Tenant's use of the Premises, hired and non-owned vehicles, and employee non-ownership vehicles City shall be named as an additional insured, and such insurance shall be primary and non-contributing to any insurance of self-insurance maintained by City Tenant shall provide City with a certificate and endorsements evidencing such insurance prior to Tenant's occupancy and use of the Premises 6 I\ca\dlmWgreeinents\Redlands Conservancy Lease.Lrve Oak.rmal.doc Section 18 Workers Compensation Insurance Tenant shall maintain during the Tenn of this Lease Workers' Compensation and Employee's Liability insurance in the amount that meets statutory requirements with an insurance earner acceptable to City, or certification to City that Tenant is self-insured of exempt from the workers' compensation laws of the State of California Tenant shall provide City with Exhibit"C," entitled "Workers' Compensation Insurance Certification,"which is attached hereto and incorporated herein by this reference prior to Tenant's occupancy of the Premises Section 19 Assrmunent of R1�4hts Tenant shall not encumber, assign, sublease of otherwise transfer this Lease, of any right of interest therein, without the prior written consent of, and approval of the terms of such assignment or sublease by, City Any such encumbrance, assigm nent, sublease of transfer without such prior consent and approval of City shall constitute a breach of this Lease, and may, at the sole discretion of City,result in the immediate termination of this Lease City furthei acknowledges that subject to the provisions of this Lease, Tenant shall have the right to receive payment for any assigninent or sublease from the assignee of subtenant, and that Tenant shall impose reasonable conditions on any assigninent of sublease including, but not limited to, conditions relating to the provision of insurance covering Tenant and City Section 20 Attorneys' Fees The Parties shall initially attempt to resolve any dispute arising out of or relating to this Lease, that City deternunes does not affect the public health, safety and welfare, through good faith negotiations between Tenant and City, or through mutually agreed upon non-binding mediation The Parties shall share equally the cost of mediation If the dispute is not resolved by negotiation or mediation within sixty (60) days of receipt of a written "invitation to negotiate of mediate," the Parties may pursue any legal of equitable remedies they may have In the event any action is commenced to enforce or interpret the terns of conditions of this Lease, the prevailing Party shall, in addition to any costs and othel relief, be entitled to the recovery of its reasonable attorneys' fees, including fees foi use of in- house counsel by a Party Section 21 Personal Proverty Insurance Tenant shall, at its own cost, maintain an insurance policy issued by an insurance company acceptable to City insuring all fixtures, equipment, furniture and personal property of Tenant and others on the Premises City shall not be liable, and assumes no responsibility, for the loss, damage or destruction of such items belonging to Tenant or others on the Premises Section 22 Possessory Interest In accordance with California Revenue and Tax Code Section 107 6, City is hereby notifying Tenant that the leasehold interest created by this Lease may be subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest In such event, Tenant and City may seek exemption from any property taxation Section 23 Entire Agreement This Lease constitutes the entire agreement between City and Tenant regarding the leasing of the Premises to Tenant Any prior written of oral agreements of representations respecting the Premises or their leasing by City or Tenant not expressly set forth herein are null and void 7 1\ca\d rn\Ab eements\Redlands Conservancy Lease Live Oak.hnal.doc Section 24 Amendments Any and all amendments to this Lease shall be in writing and executed by the Parties Section 25 Breach and Default by Tenant A All covenants and agreements contained in this Lease are declared to be conditions of this Lease, and to the Term fo> which the Premises are hereby leased to Tenant Should Tenant fail to perforin any covenant, condition of agreement contained in this Lease and the default not be cured within sixty (60) days after written notice of the default is served on Tenant by City, then Tenant shall be in default under this Lease, provided, howevei, that if the default is one the Parties mutually agree is not capable of cure within such sixty (60) days, then Tenant shall commence action to cure within such sixty (60) days and prosecute such cure diligently until completion within the time agreed to by the Parties Tenant's failure to complete such cure within such agi eed upon time shall also constitute a default by Tenant B Notwithstanding Subsection A, above, the following events of default by Tenant may, at the sole discretion of City, result in the immediate termination of this Lease (1) Tenant vacates of abandons the Premises, of (2) Voluntary or involuntary proceedings under any bankruptcy os insolvency of foi reorganization or arrangement undei the bankruptcy laws of the United States os insolvency act of any state for the dissolution of Tenant are initiated by, or instituted against, Tenant, of a receives or trustee is appointed foi all of substantially all of the property of Tenant, including the Premises Section 26 Termination In the event of any uncured default of this Lease by Tenant, in addition to any other rights of remedies City may have, City shall have the immediate right to terminate this Lease and enter the Premises and remove all persons and property from the Pi emises Such property may be removed and stored in a public warehouse or elsewhere at the cost of Tenant All remedies of City under this section shall be cumulative and in addition to any other legal or equitable rights and remedies which City may have Section 27 Waiver No waives by either Party of any provision of this Lease, of waiver of any breach of this Lease, shall be deemed to be a waives of any other provision of this Lease, of of any subsequent breach by either Party of the same of any othes provision of this Lease Section 28 Liens Tenant shall keep the Premises free and clear of all mechanic's liens and other liens on account of wosk done foi Tenant of persons claiming undei Tenant Section 29 Severability If any provision of this Lease is held invalid of unenforceable for any reason by a court of competent jurisdiction, this Lease shall otherwise remain in full force and effect and shall be construed in all respects as if such invalid or unenforceable provision were omitted 8 1\caAdJmW.greements\Redlands Conservancy Lease Live Oak.Finaidoc Section 30 Authoritv Tenant and the person executing this Lease on behalf of Tenant represent to City that such person is authorized to do so by requisite action of the board of directors of Tenant In witness whet eof, the undersigned authorized representatives of City and Redlands Conservancy have executed this Lease as of the 18t'day of July 2017, at Redlands California CITY OF REDLANDS THE REDLANDS CONSERVANCY Paul W Foster, Mayoi Robert Dawes, Piesident ATTEST J re Donaldson, City Clerk 9 1\ca\dlm\Agreements\Redlands Conservancy Lease.Lve Oak.Final.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C�o.�rc,�-.7.c�,�.mos&,.I�.mac,a.��`�.n.�.F.2'r�:S.�.?��Yy fi ,cz �r�� ,mac n r �. z, er nu-�aa-�z�•.c,tr.�R:�a,�t0 ,F,r A notary public or other officer completing this certificate verifies only the identity of the individual who signed the i document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document State of California ) County of ax) nc.f�ka C',C ) On _� ' -_�n ( � -1 before me, T) 1 DateHere Insert Name and Title of the Officer personally appeared _t - ,- Te_(3,V\ 7) a_v C,5 C_-�rN Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ids/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hWhbiVtheir authorized capacity(ies), and that by h1s/hlsr/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph DIANA RAINis true and correct Notary Public Californiatitorma z WITNESS m hand and official seal a San Bernardino County Y a commission*2175775 My Comm Expires Dec 16,2B20 y Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document / Title or Type of Document L Q o- A 9 r p C- +,,! a4` Re AI 6.,Ar) Q,T-�,:y-( ( CLac � Document Date Number of Pagesnfc�r1� Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing Signer Is Representing ©2016 National Notary Association www National Notary org - 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California ) County of SOX*, On -7 'a L4 l -1 before me, Date Here In rt Name and Title of the Officer personally appeared �'�'�� 1�0j,0 e �, q2__�'-fit A-.Q-V-A � Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name is/'are subscribed to the within instrument and acknowledged to me that he/sba/they executed the same in his/hey/their authorized capacity(iL�), and that by his/h`r/their signature(§�on the instrument the person, or the entity upon behalf of which the person(kacted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph DIANA RAINS is true and correct Notary Public California = WITNESS my hand and official seal San Bernardino county D Commission#2175775 My Comm Expires Dec 16 2020 � � � Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document �� f Title or Type of Document LC w_ r-0 e�old Document Date Number of Pages C-e)n�Pr�tic��cC) Signer(s) Other Than Named Above Capacity(ses) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer — Title(s) El Corporate Officer — Title(s) El Partner — El Limited 1-1 General ❑ Partner — ❑ Limited L1 General El Individual El Attorney in Fact ❑ Individual El Attorney in Fact El Trustee El Guardian or Conservator El Trustee El Guardian or Conservator ❑ Other ❑ Other Signer Is Representing Signer Is Representing 02016 National Notary Association -www NationalNotary org - 1-800-US NOTARY(1 800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION AND SITE MAP OF PREMISES Exhibit'k (Legal Description) N1 that' certain real :irnaperty situated in the Cbaunt� of San Beirmrdino state of California, described as KkCEL A Parcel I Of Parcel Map 140 4930,in the City of Redlands,Coan0-j of San Bernardino ate 9 California,as per Map recorded in Book,45 Paot-7D-of Parcel Maps,In trie offlce of the�unlc� Pecorder of said County, As, soris Parcel rombar 0300-241-24-0 DOD PARCEL B ,hat portion of'lie Soutthwest quarter of the Sojthwest quarter of Section 8, Township 2 Souris, R.-rige 2 west, San Bernardi," Mae and Meridian in tie City of Redlands, county of San Bernardino, State of California,according to the cifildat plat on ffle in the office of the Unk--d States SUrVeyor Gl-ritr'a!,dal:A-djune :a, 183s,described as folivws BEGINNUNG at the Southwest comer of the Southwest quarter of the Southwest quarter of SecrJon 8, Township.7 South,Part,,--2 West> Sin Batrriardl,'*aaSe and Mendliall, ii tie City of Redlands, County of San Bernardino ate of Caillbmla' Theqce Eastedy along the Section line between Section 8 In San Bernardino Codnty and Section 17 in Plverside County,in said Township 2 South,Range 2 West,495 feet to a point, Thence North 506 fft4 more or less,to the South line Of'")e County Road running through Uve Oak Canyon as said South rine existed 3UDe 7,1932, 71-jeace Southwesttefly along the S.-ULh line of said Courity road to the intersections of the South line of said county Road,with the west cion lane of Secbon 9,m said Township 2 South,Range 2 West, Thence South along 9-ie West line el sa!d Secton 8,270'h feet more or less,to tft-_poINT OF BEGINNUqG Exreptir-g therefon Parcel Map No 4930 as share by Map on file in Book 4S Pacie 7-3 of Parcel Maps,In the offuce of the County Re-corder of San L--m ardino County Parcel Number 0300 241-2S-'D MO Parcel C That portion of Government Lot !, in the Southeast one-quarter of Section 7, Towns`ip 2 South, Range 2 west, San Bernardino ase and Meridian, In the City of Redlands, county of San Ben,ard1no, State of California, according to the off oral p!at thereof,lying Southerly of tie centerline of Uve Oak Canyon Road and Southeasterly of the centedine of Uve Oak Canyon Creek,desurbed as follows Beginning at the Southeast comer of said Section 7, Thence North 8611 54'10'West along the Soutne-dy line of said section 7,a distance of 1133 70 feet; Thence North 430 14'VY Eas;4 a distance of 142 16 feet, Thence North 6511 41'41'East a distance of 418,75 feet to the center line of Uve Oak Canyon fwd, Thence East along the center line of Oak Canyon Road to the Ea-.,line of said Secton 7, "hence so,itlheriy along said Easterly line a distance of Vs feet to die Point of beginning Excepting therefrom that portion conveyed to the CoLmtV of San Bemaralno by deed recorded May 17,1979 in ,3ook 9689 Paoe 453 of Official Records, Ass�ssr,r's 0YO 231-36 0-0-M EXHIBIT "B" COVENENTS RECORDING REQUESTED BY Electronically Recorded in Official Records,Cou*of San Bernardino 910912016 BOBDUTTONQ :as PtA AND WHEN RECORDED MAIL TO AND NC MAIL TAXES TO 4M,:, �� � � ASSESSOR RECORDER CLERK v'11A 867 SPL Title Services Doc# 2016-9371954 Twes 1 Pages 6 Fees 30 00 �y� �L �iX�. L��c Taxes 00 Other 00 PAID 30 00 SPACE ABOVE THIS LIME RESERVED FOR RECORDER'S USE 'Gide K.E MAIL TAXES TO ABOVE ADDRESS RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO AND MAIL TAXES TO SAA, 4 "-w, talh%� o I r.-p- lqtL,e t vh swout,� IZt� r� � � S SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE MAIL TAXES TO ABOVE ADDRESS RECORDING REQUESTED BY 3 City of Redlands ) P O Box 3445 ) Redlands, CA 92373 } Attn Oscar Orc€ ) } WHEN RECORDED, RETURN TO State of California } Wildlife Conservation Board } Attn Executive Director ) 1416 Ninth Street, Suite 1266 } Sacramento, CA 95814 } Protect Name Lave Oak Canyon, Expansion 1 Space above line for Recorder's use County San Bernardino APNs 0304-231-36, 0300-241-24 &25 NOTICE OF UNRECORDED GRANT AGREEMENT (WITH COVENANTS AFFECTING REAL PROPERTY) This Notice of Unrecorded Grant Agreement ("Notice"), dated as of April 19, 2016, is made by City of Redlands, a municipal corporation ("Grantee") and recorded concurrently with the Deed described below, to provide notice of an agreement between Grantee and the Wildlife Conservation Board ("Grantor"or"WCB"), a subdivision of the State of California, affecting the real property described below 1 WCB and Grantee have entered into the California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest, Grant Agreement No WC-1575LY ("Grant"or"Agreement"), pursuant to which WCB grants to Grantee certain funds for Grantee's acquisition of fee title to approximately 12±acres of real property located in the County of San Bernardino, California (the "Property") by Grant Deed (the "Deed")from Thomas Arthur Hudson, successor trustee of the Hudson Survivor's Trust, as to an undivided 52% interest and Thomas Arthur Hudson, successor trustee of the Hudson Family Trust, as to an undivided 48% interest, as to Parcels A and B, and Otis A Hudson, Jr & Carol B Hudson, Trustees of the Hudson Revocable Living Trust dated March 30, 1995, as their successor trustees, as to Parcel C The Property is legally described in Exhibit A attached to this Notice and incorporated in it by this reference Initial-capitalized terms used in this Notice and not otherwise defined shall have the meaning set forth in the Grant 2 Grantee agrees under the terms of the Grant to execute this Notice to give notice that Grantee received funds under the Agreement to assist Grantee in acquiring the Property and that, in consideration of the Grant Funds, Grantee has agreed to the terms of the Grant The Grant is incorporated by reference into this Notice 3 Grantee covenants and agrees in Section 5 of the Agreement as follows 3 1 The Property shall be held and used only in a manner that is consistent with the Agreement, including the following "Purposes of Grant" set forth in Section 2 of the Agreement The Property shall be held and used for purposes of wildlife habitat protection for sensitive and Federal/State listed endangered and threatened species, open space protection and preservation, restoration and management, wildlife-oriented education and research, and for compatible public or private uses, all as may be consistent with wildlife habitat preservation and protection of sensitive biological resources (individually and collectively, the "Purposes of Grant") 3 2 The Property (including any portion of it or any interest in it) shall not be sold, transferred, exchanged or otherwise conveyed without the written approval of the State of California, acting through the Executive Director of the Wildlife Conservation Board ("WCB") or its successor 3 3 The Property may not be used to satisfy any requirement or condition imposed by any permit, agreement, authorization or entitlement for use ("Mitigation"), including but not limited to any requirement to compensate for or otherwise offset impacts of an activity, without the written approval of the State acting through the Executive Director of WCB or its successor 3 4 The Property (including any portion of it or any interest in it) may not be used as security for any debt without the written approval of the State of California, acting through the Executive Director of WCB or its successor 3 5 At the request of Grantor, not less than once in any period of three calendar years, Grantee shall allow designated staff of Grantor to access the Property to assess compliance with the terms, covenants and conditions of this Agreement 36 Grantee agrees to ensure that the terms and conditions of this Agreement shall be taken into account when calculating the baseline/business as usual of the Property for purposes of establishing carbon credits or other emissions offsets proposed to be authorized, created, sold, exchanged or transferred Grantee agrees to notify WCB prior to any such proposed establishment 4 Pursuant to Section 7 of the Agreement, in the event of a Default under the Agreement, in addition to any and all remedies available at law or in equity, Grantor may seek specific performance of the Grant and may require Grantee to convey a conservation easement over the Property in favor of Grantor(or, at the election of Grantor, another entity or organization authorized by California law to acquire and hold conservation easements and that is willing and financially able to assume all of the obligations and responsibilities of Grantee), and to pay a sum to Grantor which, when combined with the fair market value of the conservation easement, equals the sum granted to Grantee pursuant to the Agreement, together with interest thereon as provided in the Agreement 5 Pursuant to Section 8 of the Agreement, if Grantee is a nonprofit organization and the existence of Grantee is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the State of California However, prior to that termination, upon approval of Grantor, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest and right of entry on the part of the State of California 6 Pursuant to Section 9 of the Agreement, the Grant shall remain in full force and effect from and after the close of escrow for the acquisition of the Property 7 Pursuant to Section 10 of the Agreement, the Grant shall be binding upon Grantee and all designees, successors and assigns of Grantee 8 Pursuant to Section 11 of the Agreement, if all or any part of the Property is taken by exercise of the power of eminent domain, or acquired by purchase in lieu of condemnation, Grantor and Grantee shall act jointly to recover from the condemning authority the full value of the Property so taken or purchased, and all direct or incidental damages resulting therefrom Grantor shall be entitled to the share of the Award which equals the ratio of the Grant Funds provided by Grantor to the purchase price Grantee paid to acquire the Property 9 This Notice is solely for the purpose of recording and in no way modifies the provisions of the Agreement Grantee and WCB each has rights, duties and obligations under the Agreement which are not set forth in this Notice To the extent the terms of this Notice conflict with the Agreement, the terms of the Agreement shall govern and control 10 For additional terms and conditions of the Agreement, reference should be made to the California Wildlife Conservation Board Grant Agreement for Acquisition of Fee Interest by and between WCB and Grantee that commenced 41-11;11 1,q , 20/6 , and is on file with the Wildlife Conservation Board, 1700 Ninth Sfreet, 4" Floor, Sacramento, California 95814, marling address Wildlife Conservation Board, c/o Department of Fish and Wildlife, P 0 Box 944209, Sacramento, CA 94244-2090 GRANTEE CITY 4F REDLA DS By Zz�� Qrci Title Develooment Services Director c Exhibit"A„ {Legal Description} All that certain real property situated in the County of San Bernardino, State of California, described as follows PARCEL A Parcel 1 of Parcel Map No 4930,in the City of Redlands,County of San Bernardino, State of California,as per Map recorded in book 45. Page 70 of Parcel Maps,in the office of the County Recorder of said County Assessor's Parcel Number 0300-241-24-0 000 i PARCEL B 5 That portion of the Southwest quarter of the Southwest quarter of Section 8, Township 2 South, Range 2 West San Bemardino Base and Meridian, In the City of Redlands, County of San Bernardino, State of California, according to the official plat on fine in the office of the United States Surveyor General, dated June 28,1883,described as follows* I BEGINNING at the Southwest corner of the Southwest quarter of the Southwest quarter of Section 8, Township 2 South, Range 2 West, San Bernardino Base and Meridian, In the City of Redlands, County of San Bernardino,State of California, # Thence Easterly along the section line between Section 8 in San Bernardino County and Section 17 in t Riverside County, in said Township 2 South,Range 2 West,495 feet to a paint, Thence North 506 feet,more or less,to the South line of the County Road running through Live Oak canyon, as said South line existed June 7,1932, Thence Southwesterly along the South line of said County Road to the intersection of the South line of said ` County Road,with the West section line of Section 8,in said Township 2 South,Range 2 West, Thence South along the West line of said Section 8,270 slk feet more or less,to the POINT OF BEGINNING, Excepting therefrom Parcel Map No. 4930 as shown by Map on file in Book 45 Paoe 70 of Parcel Maps,in the office of the County Recorder of San Bernardino County i Assessor's Parcel Number 0300 241-25-0-000 Parcel C That portion of Government Lot 1, in the Southeast one-quarter of Section 7, Township 2 South, Range 2 West, San Bernardino Base and Meridian, in the City of Redlands, County of San Bernardino, State of Califomia,according to the official plat thereof, lying Southerly of the centerline of Live oak Canyon Road and Southeasterly of the centerline of Live Oak Canyon Creek,described as follows i r Beginning at the Southeast corner of said Section 7, Thence North 860 S4'10'West along the Southerly line of said Section 7, a distance of 1133 70 feet, Thence North 430 14'00"East,a distance of 142 16 feet, 1 Thence North 651,41'41"East a distance of 418 75 feet to the center line of Live Oak Canyon Road Thence East along the center line of Oak Canyon Road to the East line of said Section 7, Thence Southerly along said Easterly line a distance of 275 fleet to the point of ginning Excepting therefrom that portion conveyed to the County of San Bemardlno by deed recorded May 17,1979 in Book 9688 Pace 453 of official Records 'r Assessor's Parcel Number 0300-231-36 0-000 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness accuracy,or validity of that document State of Califo is County On �9 before me, `�t t,am,/A; r V, _DqgU)-lere inset Name and Titfre of the Officer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personWwhose nameW is/We subscribed to the within instrument and acknowledged to me that he/p e/tpley executed the same in his/h,*/tf r authorized capacity(y s),and that by his/hX/tF it signature{ on the instrument the person f, or the entity upon behalf of which the person.0 acted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal L H MEAABt.AND Commission#2143166 z Notary Pubuc calitornia Signature ! Riverside County ' ignat e o Notary Pubhc M Comm Expires Feb 19 211201 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages. Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name O Corporate Officer— Title(s) i]Corporate Officer— Title(s) ©Partner — i�i Limited ❑General 0 Partner — 0 Limited i--i General ❑ Individual ❑Attorney in Fact 0 Individual 0 Attorney in Fact •Trustee ❑Guardian or Conservator Trustee -I Guardian or Conservator ❑Other ❑ Other Signer Is Representing Signer Is Representing �N�c.;;�c--_-cmc::�z���..���,M� ��u-�z�-v�,�:e-�;:_z>e-.�s. .. . .•.:,. � �z>?��� :��:.:��.�: 02014 National Notary Association •www NationalNotary org 1-800-US NOTARY(1-800-876-6827) Item 115907 EXHIBIT "C" WORKERS' COMPENSATION I-NSURANCE CERTIFICATION Every employee, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, eithei as an individual employer, or as one employer in a group of employers,which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees CHECK ONE- am NEam aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ ally person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the certificate workers' compensation consent teoself-insure, orliao certification iateoflworkeasl provide the City with a compensation insurance I certify under penalty ofp perjury certificate are true and correct of California that the information and representations made i The Redlands ConservancyDate By / By Robert Dawes,President z:.E .L:.,>a .rti 4 ,.� 1 �:� €,.�?•, P. 1.. YY .�... -S3^ iS -; S _<.cS ,4.^.,. l 'Ft '7„ xeys�s.;:�-a�,. --<,.,4 .,..�.,..v5 '�<� � a.a x n' � •a` ,.t{,.t„n.. ,:II. 7.\ ti5'J„.,>.;�:. k Redlands '.:i>--„.,,< 3eS c>.�555'f:>,r.,e, fi»,e.t. ,:.....c�., a .;;.;.: ,.:-t ..,>..'� e 3q; ,7 d. ,� •: � 5 s-. r.H:� .z'-- . r::,^,r^'^vv. ��-r5` "��;y<s✓, .d?:=. �:, c a ""�'it'%i >,, :2...??-= a '-:ax �? cr CiOnServanc Y Exhibit A '; ,.,,,i xtu,�at y ,'; r 1-;✓- �; ¢'<-ts�,'. tr'$',., y e¢x” 1t^S,�uj,, =qs zg, ,c`j,:y,.,.�"., ` c.,r. ^:.;"s-.- m- 2 4 t �. �lS. ,'r'{�\t.,ts'v�':��n�aS\f s �, t"` ,' �:a,�7f'wr,{x�iT4E3 T. 'step'} -.`J.. „s �"�., r..b � z��� :.,.�'. ✓F.:. t%,.�r;'''�i �r- siH }, s`3'��'!.�4 w, �zl 0 Well <'tS. a :a 7. ...c. Zz. ,.r, �a, s�' >� s7,✓ w s €; �„a< E,,•, a.. ,:,.Y;.ss, �:cs €� r,�,'�,f�%<, Z,��'Eaa € ��>ss .� y���tl-x,ter, >,� Y I:k,�'s s �< ;, f nx,,,�Z tq ,i s. ,�:. a �,. tP:.a�'r:a`\s��f y� .�?.'� s r �t7 �a� a'. ��� S,<:`�<e r.✓.�, � €C Parcels Y Y .,xt,.�„. ;s }a r �rQ6�;;- �: •Jz",s„ >`'},.:{ t.�' ,.a i >i> .'.t.`+''s,�z,t'�„�, ,�« –y--r� Fence Fledp.. '- . i t Structures r. �, ?E-��. 1,s�r,.. ',.�d� i',rr:t%..ti�h2X�.��>::..ks'tsa_s: rj F'.c 3s2f s 2lL�i L`E'� � rs.v s,^d A'E'� '��t r'., •,,yw Y �. Cit Boundary »: .. , n v v.'*t?g�y'v, Ea•- .. ,,:. ,< Y "`)�42 'a Yz.. :.+ai2�r_<c , v� '�, <c I Y .i<�aS�>YL�.Y:ri�i,<�.:'. "{3� ;,.' - -{ �ii{OD2.���5..11:,4ir'•.?,>d,:;,`i.f5'i"L .5, - _ YJ”Y.-..�:.1:Et Z'i£`„ 't'S`i'/A'.'.'vt YS E `\�.S f. Y� � rww� •^rs-,E`�,F<,�sc"�rz� t s -fit u,wsf�1,.,3i.,)azo y,. x.,},<: )�),1,,:��,YY>�'�;v13 ,zci�, 'Ca� �`-x��r�3'�s'a`'a �, �•r�a .�zi � � `�� :��+3, s z sry f f {�sE � r r i '"t C � s.� =tt' € +v{s✓< F i 9a,��'�It�i�f24�. {�^l t a� gBs �.�� e llrn maPm Md.­hyM Cdy o1R Sind. womwwn 50 1.m. lh.cry.l N.darxb rowm..m xsrteixynr r •.,` 3 _ $ t'. kj 4'"t {5 c,CS� I G2 y SSl'� h4+I r.WonNbdll'(wN IrGwmeW wnWlmd n:i;romo—phow�,'n�,� e W�E� E Biir $i z'`}t s s t 5��rrYYY�fff li Y Sited z s tV � A:izSSf St,iftl7t( .S 3�i--amiss tor'o)w1." € .Julys Zen ^ �1' -rv'>as ^�`' E '^s,a - R^, a: .:^d, nl r y.,,.6,-,� n; t a:➢t: E < :1 s'.;sts�>':zxr.>s,,,t.a lg4'vs � -f s�'€t �� � '�>'v.:'3z ..' �?. .;tx�'` ^; >'& ff e`#, �. c.,:'Y���'w eft">S.f�,_v �'•a i s�S rsz,��k -a r�s�,4 �: y?"'a�ry r I¢✓ S~_.m^� � wo1519RedlandsCansorvaney.rrtrd b..m a– a