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HomeMy WebLinkAboutContracts & Agreements_87-2018RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P 0 BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON ASSESSOR -RECORDER CLERK orf' 367 City of Redlands Clerk Doc# 2018-0188457 Titles 1 Fees SPACE ABOVE THIS LINE FOR RECORDER's USE Taxes CA SB2 Fee Others Paid STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0174-143-07-0000 512312018 01 57 PM NC Pages 8 00 00 00 06 THIS AGREEMENT is made and entered into this 9L,' day of �4_-20tjg�by and between The 2004 Parker Family Trust ("Owner"), and the City of Redlands, a municipal corporation ("City") The Owner and the City are sometimes each individually referred to herein as a "Party" and, collectively, as the "Parties " RECITALS WHEREAS, the Owner owns real property ("Property") in the City specifically described in Exhibits "A' and "B" which are attached hereto and incorporated herein by this reference, and WHEREAS, at the time of approval of the Owner's development project commonly known as Starbucks and The Learning Center located at the east corner of Parkford Drive and Marshall Street and filed as CRA 890, CUP 1061 (the "Project'), the City required the Project to employ on- site control treasures to minimize pollutants to urban stormwater runoff, and WHEREAS, the Owner has chosen to install Bioretention Basins with Underdrams (the "Devices") to minimize pollutants in urban storinwater runoff, specifically described in Exhibit "C" and shown in Exhibit "D" both of whteb are attached hereto and incorporated herein by this reference, and WHEREAS, the Devices have been installed in accordance with plans and specifications approved by the City and referred to as the Water Quality Maintenance Plan, and City or Redlands Agreement Version NOVEMBER 2013 00 WHEREAS, the Devices being installed on private property and draining only private property, are private facilities with all maintenance or replacement therefor being the sole responsibility of the Owner, and WHEREAS, the Owner is aware that periodic and continuous maintenance including, but not necessarily limited to, filter material replacement and sediment removal is required to assure proper performance of the Devices and that such maintenance activity will require compliance with all Federal, State and local laws and regulations, including those pertaining to confined space and waste disposal methods in effect at the time such maintenance occurs, NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and Parker Family Trust agree as follows 1 The Owner hereby provides the City and its designees with full right of access to the Devices and the Owner's Property in the immediate vicinity of the Devices (a) at any time, upon reasonable notice, or (b) in the event of emergency, as determined by the City Engineer with no advance notice, for the purpose of inspecting, sampling and testing of the Devices, and in cases of emergency, to undertake all necessary repairs or other preventative measures at the Owner's expense as provided for in Section 3, below The City shall make every effort at all times to minimize or avoid interference with the Owner's use of the Property when undertaking such inspections and repairs 2 The Owner shall diligently maintain the Devices in a manner consistent with the manufacturers' recommended maintenance schedule to ensure efficient performance All reasonable precautions shall be exercised by the Owner and the Owner's representatives in the removal and extraction of materials from the Devices, and the ultimate disposal of the materials in a manner consistent with all applicable laws As may be requested from time to time by the City, the Owner shall provide the City with documentation identifying the materials removed, the quantity and the location of disposal destinations, as appropriate 3 In the event the Owner fails to perform the necessary maintenance required by this Agreement within thirty (30) days of being given written notice by the City to do so, setting forth with specificity the action to be taken, the City is authorized to cause any maintenance necessary to be done and charge the entire cost and expense to the Owner, including administrative costs, attorneys' fees and interest thereon at the maximum rate authorized by law, twenty (20) days after the Owner's receipt of the notice of expense until paid in full 4 This Agreement affects County of San Bernardino Assessor's Parcel Nos 0174-143-07- 0000, and shall be recorded in the Official Records of the County of San Bernardino at the expense of the Owner and shall constitute notice to all successors and assigns to the title to the Property of the obligations herein set forth This Agreement shall also constitute a lien against the Property in such amount as will fully reimburse the City, including interest as herein above set forth, subject to foreclosure in event of default in payment S In event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be City of Redlands Agreement Version NOVEMBER 2013 entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party 6 It is the intent of the Parties that the burdens and benefits herein undertaken shall constitute equitable servitudes that run with the Property and shall be binding upon future owners of all or any portion of the Property Any owner's liability hereunder shall terminate at the time it ceases to be an owner of the encumbered Property, except for obligations which accrue prior to the date of transfer by such owner, which shall remain the personal obligation of such owner 7 Time is of the essence in the performance of this Agreement S Any notice to a Party required or called for in this Agreement shall be served in person, or by deposit in the U S Mail, first class postage prepaid, to the address set forth below Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U S Mail, whichever is earlier A Party may change notice address only by providing written notice thereof to the other Party CITY OWNER City Engineer Charles Michael Parker City of Redlands The 2004 Parker Family Trust P O Box 3005 950 Nottingham Drive Redlands, CA 92373 Redlands, CA 92373 9 This Agreement shall be governed by and construed in accordance with the laws of the State of California 10 Any amendment to this Agreement shall be in writing and approved by the City Council of City and signed by the City and the Owner IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above CITY OF REDLANDS OWNER , /a (CetL-- &A�12 b aul W Foster, Mayor Charles Michael Parker, Trustee The 2004 Parker Family Trust Attest e e Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 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 On �� � a3.,2 before me 1 i jLIL�� 1 POO L I� Date _ Here Insert Name and Tine of the Officer personally appeared L.X—Xi'` -A Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personhose namet) are subscribed to the within instrument and acknowledged�e that he/she/ e xecuted the same la his/her! ei 'authorized capacity(ies), and that his/her/ ignature(s) on t e instrument the persos), or the en? s) upon behalf of which the perso cted, executed the instrument 8000nooa00000. HEATHER MACDONALD 8 R COMM # 2216458 R NOTARY PLOLIGCALIFORNIA 1p SAN BERNARDINO COUNTY j p MY C oy EVIM OCTCER 1, 2021 ODOOMOOSOWDOODO00000a00000moa00000m0000a I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS mhand and official seal Signature Signature of NotaVy 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 Docu ent Title or Type of Document 1 110 � `C� ►�- `�- } C C�� Document Date Number of Pages Signer(s) Other Than Named Above Capacity(les) Claimed by Signer(s) Signer's Name n Corporate Officer — Title(s) ❑ Partner — Limited C General ❑ Individual Attorney in Fact ❑ Trustee Guardian or Conservator El Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — Limited ❑ General ❑ Individual P Attorney in Fact Trustee Guardian or Conservator ❑ Other Signer Is Representing CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notarypublic or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document State of California II 1 County of _5- 2n On 2 '2-01 P before me,(?jaW-G6(-Gl ro r�ubf(C� Dae Here Insert Name and Title of the Oftrce personally appeared it c h c Po c r Nome(s) of Signer(s) - who proved to me on the basis of satisfactory evidence to be the person(i) whose name s e subscribed to the within instrument and acknowledged to me thate s/grey executed the same i r/tp+sir authorized capacity(iips`), and that lbhis �r/tKeir signature on the instrument the person or the entity upon behalf of which the person;4 acted, executed the instrument role_DELPHA CRAWFORD Commission # 2133812 Z • "a Notary Public California a San Bernardino County My Comm,"meExpires Noy 13 217t9 Place Notary Seal ondlor Stamp Above 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 Signat e Si re aryPublic yr, I 1%.0111rti- 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 d �1 1, Af l ✓ CC � s S {�1-� r] uocument Date S—Z`� OI �`3 �� �Ct� Number ofPag Signer(s) Other Than Named Above Signer's Name ❑ Corporate Officer - 11 Partner - 0 Limited 11Individual 11Trustee 11Other Signer is Representing by Signer(s) Title(s) ❑ General ❑ Attorney in Fact ❑ Guardian of Conservator 02017 National Notary Association Signer's Name ❑ Corporate Officer - EI -Partner - ❑ Limite d ❑In ❑ Trustee 11Other Signer is Representing Title(s) ❑ General ❑ Attorney in Fact ❑ Guardian of Conservator Exhibit A Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS THAT PORTION OF BLOCK 37, REDLANDS HEIGHTS MAP NO 8, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9 OF MAPS, PAGE 5, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS BEGINNING AT THE CENTERLINE INTERSECTION OF MARSHALL STREET AND PARKFORD ROAD (RESERVOIR STREET) AS SHOWN ON PARCEL MAP 3333, AS RECORDED IN BOOK 49, OF PARCEL MAPS, PAGE 94 RECORDS OF SAID COUNTY, THENCE NORTH 34027'52" EAST ALONG THE CENTERLINE OF MARSHALL STREET, 248 37 FEET, THENCE AT RIGHT ANGLES SOUTH 55°32'08" EAST 32 00 FEET TO THE SOUTHEASTERLY LINE OF SAID MARSHALL STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE SOUTH 5532'08" EAST 509 33 FEET, THENCE NORTH 34027'52" EAST 77 29 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 10 AS SHOWN ON "RIGHT OF WAY MAP NO 910093" ON FILE AT CALTRANS DISTRICT 08 OFFICE, THENCE SOUTH 22025'58" EAST, 136 82 FEET, THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 42034'08" WEST 197 96 FEET TO A POINT ON THE NORTHERLY LINE OF PARKFORD ROAD, SAID POINT BEING THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 308 00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 14°14'02" WEST, THENCE ALONG SAID NORTHERLY LINE 10145 FEET THROUGH A CENTRAL ANGLE OF 1852'45", THENCE NORTH 56°53'35" WEST 234 53 FEET, THENCE NORTH 54°36'18" WEST 168 08 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 13 00 FEET, THENCE ALONG SAID CURVE 20 21 FEET THROUGH A CENTRAL ANGLE OF 89°04'90' TO A POINT ON THE SOUTHEASTERLY LINE OF MARSHALL STREET, THENCE NORTH 34°27'52" EAST ALONG SAID SOUTHEASTERLY LINE OF MARSHALL STREET 204 09 FEET TO THE TRUE POINT OF BEGINNING SAID DESCRIPTION BEING DESCRIBED AS PARCEL B OF THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED ON August 11, 2005 AS INSTRUMENT NO 2005-0590585 OF OFFICIAL RECORDS APN 0174-143-07-0-000 Exhibit S Map VICINITY MAP .............................................................................. N0T O SCALE Exhibit C Stormwater Pollution Control Devices Stormwater.Pollution Control" BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By 1 BMP -1 (Modified TC -32, 3404262 117 15795 Property Weekly/MontWy, Bioretention w/ Underdrain) Owner Storm Event 2 BMP -2 (Modified TC -32, 3404229 117 15822 Property Weekly/Monthly, Bioretention w/ Underdrain) Owner Storm Event 3 BMP -3 (Modified TC -32, 3404158 117 15687 Property Weelcly/Monthly, Bioretention w/ Underdrain) Owner Storm Event 4 5 6 7 8 9 10 SCALE IN FEET GRAPHIC SCALE p RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO NAME $TRES7 I S I R I U IPAGEISIZEI DA IMISCILONGI RFD 1COPY ADDRESS CITY STATE & M I k I L 1 465 1 426 1 PCO NOOK sr�iF P+ cHc, rx,�rn ZIP CODE SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY LIMITED POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRCSCNTS. That, JLS Enterprises, LP, the undersigned (lointly and severally if more than one, hereinafter collectively "principal"), hereby make, constitute and: appoint Narcourts & Freeman principal's true and lawful attar ney to act for principal and In principal's name, place and stead and for principal's use and benefit (a) To exerc.se any or all of the following powers as to real property identified as Parcel Number 0174-143-07 (hereinafter rc:ferrc:d to as "The Project"), any interest therein and/or any building thereon (b) To exercise any of the Dowers necessary to advance The Project and work with community partners, governmental orficial5, lenders, investors, architects contractors, artist-; and funders to advance The Project (c) To support all real estate devolopment functions Including, site evaluation, architectural and engineering due diligence, financial modeling, community engagement, federal, state and local government relations, lender and Investor selection and negotiation, general cant€ actor selection and negou ation, construction management, and all other constrLICtion needs This power of attorney is granted for a period of thirty six (36) months and beginning effective on September 10, 2016 and will terminate on September 9, 7019 This document will replace any previous Powers of Attorney I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to ;acl. as the agent (attorney-in-fact) under the terms of this power of attorney Date 5-"/ L/ / /,y Print name of Agent Signature of Agent WITNESS my hand thtsLday of V"�.� , X015 STATE OF CALIFORNIA COUNTY OF On before me, Lawrence Tepper for JLS Enterprises, LP CmlifbmiaAlt Purpost Acknowledgnii� kt Form Attacho� d (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hes/her/their authorized capaclty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal SIGNATURE (SEAL) Before you use this form, fill in all blanks and make whatever changes are appropriate and necessary to your particular transaction Consult a lawyer i�you doubt the form's fitness for your purpose and use CALTFORTNIA ALL PURPOSE ACKNOWL.EDGTVIEM A notary pUblic or othc,3 oific(j complet,11a tints certificate ven es only the identity 01 the 1-11diVLdual who signed the document to which this certificate is attached, and not the truthfulness, accuaacy, o3 validity of that doc.zm-ient State of California i 1 County of Los Angeles _6 _ J/' r r - +rpersonally /y_1On � , before ine, � �sr appeared who proved to me on the bays Of satisfactory evidence to be the perso whose mame(�) gis are subscribed to the; within instrument and acknowledued to me iliad i-Ahefthey executed the; same z z3iaer/then authorized capaczty(i ), and that byzis/het/thou signature($) on the instrument the persoi*), or the entity upon. behalf of which the poi sono acted, executed the instrument I ceitafy undez PENALTY OF PERJURY under the law of the State of California that the foregoing parag3 aph is true and correct I WITNESS my hand and official tical Signature -------OPTIONAL TNFORMATION------- DESC:IU.PTION OF ATTACHED DOCUMFN'T' CA PACITY CLAIMED BY THE SIGNTER hide i dual (Tale c C document) Number of Pages � (Iri.cludingy Acknowleclar3actat) Doourncat Data (Additional Information) Cotporatc. Officer Partner Attonaev-ln-r ac,t Trustee Othez _ ll- Ell- �y1nr. 77,�i�,aSR 7 -------OPTIONAL TNFORMATION------- DESC:IU.PTION OF ATTACHED DOCUMFN'T' CA PACITY CLAIMED BY THE SIGNTER hide i dual (Tale c C document) Number of Pages � (Iri.cludingy Acknowleclar3actat) Doourncat Data (Additional Information) Cotporatc. Officer Partner Attonaev-ln-r ac,t Trustee Othez _ GROUND LEASE 3 23 acres, APN 0174-143-07 Lessor 2004 Parker Family Trust dated December 13, 2004 and John David Parker Lessee JLS Enterprises, LP a California limited partnership VF, fOTBP. I Parkford Ground Lease 11 01 2008 2 Page I Term 3 2 Rent 3 3 Indemnification and Liability Insurance 4 4 Utilities 5 5 Quiet Enjoyment 5 6 Holding Over 5 7 Assignment and Subletting 5 8 Attorney's Fees 5 9 Mechanics' Liens 5 10 Default 6 11 Notices 6 12 Estoppel Certificate by Tenant and Landlord 6 13 No Representations 7 14 Non -Liability of Landlord 7 15 Successors and Assigns 7 16 Use of Leased Premises 7 17 Hypothecation 7 18 Construction of Improvements — Loss Payee —Surrender 8 19 Damage and Destruction 8 20 No Subordination of Landlord's Fee — Existing Deed of Trust 8 21 Tenant's Authority to Develop Leased Premises 9 22 Miscellaneous 9 Parkford Ground Lease 11 01 2008 2 GROUND LEASE THIS GROUND LEASE is made and entered into this first day of November, 2008, by and between the 2004 Parker Family Trust dated December 13, 2004 and John David Parker ("Lessor") and JLS Enterprises, LP, a California limited partnership ('Lessee") WITNESSETH In consideration of the payment of rent and the performance of the covenants hereinafter set forth, Lessor hereby leases unto Lessee and Lessee hereby hires from Lessor that certain real property situated in the city of Redlands, County of San Bernardino, State of California, with assessors parcel number 0174-143-07 (3 23 acres) more particularly described in Exhibit "A", hereunto annexed and made a part hereof This Ground Lease is made upon the following terms, covenants and conditions, each of which is a material part hereof 1 TERM The term of this Ground Lease is ninety two (92) years, commencing January 1, 2008 and ending December 31, 2100 2 RENT - Beginning January 1, 2008 through 2010 – Rent shall be $52,399 00 annually Beginning January 1, 2011 through 2015 – Rent shall be $57,638 50 annually Beginning January 1, 2016 through 2020 – Rent shall be $63,402 00 annually Beginning January 1, 2021 through 2025 – Rent shall be $69,742 00 annually. Beginning January 1, 2026 through 2030 – Rent shall be $76,716.00 annually Beginning January 1, 2031 through 2035 – Rent shall be $84,387 50 annually Begrmmng January 1, 2036 through 2040 – Rent shall be $92,826 00 annually Beginning January 1, 2041 through 2045 -- Rent shall be $102,108 50 annually Beginning January 1, 2046 through 2050 – Rent shall be $112,319.00 annually. Beginning January 1, 2051 through 2055 – Rent shall be $126,359 00 annually Beginning January 1, 2056 through 2060 – Rent shall be $142,154 00 annually Beginning January 1, 2061 through 2065 – Rent shall be $159,923 00 annually Beginning January 1, 2066 through 2070 – Rent shall be $179,913 50 annually Beginning January 1, 2071 through 2075 – Rent shall be $202,402 50 annually. Beginning January 1, 2076 through 2080 – Rent shall be $227,703.00 annually. Beginning January 1, 2081 through 2085 --Rent shall be $256,166 00 annually Beginning January 1, 2086 through 2090 – Rent shall be $288,186 50 annually Beginning January 1, 2091 through 2095 -- Rent shall be $324,210 00 annually Beginning January 1, 2096—December 31, 2100 – Rent shall be $364,736.00 annually These annual rents shall be pard monthly and divided equally between John David Parker of Pendleton, Oregon and the Parker Family Trust comprised of Charles M. Parker and Rosie N Parker of Redlands, California or their designates Parkford Ground Lease 11 01 2008 In addition to the monthly rental, Lessee shall pay, before delinquent, direct to the taxing authorities of San Bernardino all assessments and real property taxes, including all special taxes and assessments and all property taxes on all personal property located on the leased premises, or any buildings or improvements thereon, during the term of this lease. A copy of the paid property taxes shall be marled to the Lessor upon payment by the Lessee For any fraction of a tax year, at the beginning or the end of the term of this lease, Lessee's obligation hereunder shall be prorated as of the commencement or end of the term of this lease Lessee's obligation to pay such taxes directly to the taxing authorities is conditioned upon Lessor's obtaining from the taxing authorities, a separate tax bill for the leased premises If any special taxes or assessments for local improvements become a lien after the date hereof, Lessee shall pay only the installments hereof which become due and payable during the term of this Ground Lease and at the request of Lessee, Lessor will loin with Lessee in the execution of any application or other instrument that may be necessary to permit the payment of such assessments in installments The obligation to pay taxes before delinquency shall not deprive either party of the right, in good faith, to defer payment in connection with any protest, contest, objection, or opposition (collectively called "contest") to the legality or amount of any tax, assessment, license fee, or public charge, provided the contest is instituted before delinquency The contesting party shall defend and indemnify the other against all costs and expenses in connection with the contest and shall, if necessary to prevent termination of the right of redemption or to prevent eviction of either party, pay his portion within the time necessary for such prevention Any such contest, whether before or after payment, may be made in the name of either Lessor or Lessee or both, as the contesting party may determine, and the other party shall cooperate reasonably in the contest, however, the contesting party shall not be required to pay any fee of separate counsel which the other party may retain nor other costs or disbursements of such other party unless the fees, costs, or disbursements are incurred at the request of the contesting party 3 INDEMNIFICATION AND LIABILITY INSURANCE Lessee agrees to indemnify and save Lessor harmless of and from any and all cost, expense, claims, demands, obligations, liabilities, cause or causes or action by reason of or in connection with the use or misuse of the leased premises or the approaches of appurtenances thereto, including all adjacent sidewalks. Lessee shall, at Lessee's sole cost and expense, procure a policy (or blanket policy) of comprehensive public liability insurance with the limits of not less than $500,000 00 as to any one person and $1,000,000 00 as to any one accident, and $50,000 00 as to property damage and shall maintain such insurance without interruption throughout the balance of the term hereof, and Lessor shall be named as an additional insured therein A certificate of said insurance shall be delivered to Lessor within fifteen (15) days after execution of this lease and renewal certificates shall be delivered to Lessor not less than thirty (30) days prior to the renewal date of any such insurance policies during the continuance of this lease Lessee also agrees that if Lessee does not keep such insurance in full force and effect, Lessor may take out the necessary insurance and pay the premium and the repayment thereof shall be deemed to be part of the next rental Parkford Ground Lease 11-01-2008 installment and payment made at such time Said insurance will be adjusted as needed for property value and inflation as decided by Lessee and Lessor 4 UTILITIES Lessee shall pay for all water, gas, heat, light, power, telephone service and all other service supplied to the leased premises during the term of this Ground Lease 5 QUIET ENJOYMENT Lessor hereby covenants that Lessee, upon paying the rent as herein reserved, and performing all of the covenants and agreements herein contained on the part of Lessee to be performed, shall and may peaceably have, hold and enjoy the leased premises, without hindrance or molestation during the entire term hereof 6 HOLDING OVER If Lessee shall hold and keep the leased premises for any term beyond the term agreed upon in this Ground Lease, with the consent, expressed or implied, of Lesssor, such holding shall be construed to be a tenancy from month-to-month only, at the will and pleasure of Lessor, subject to being terminated at the end of any month upon thirty (30) days' written notice to Lessee and without any other or further notice. Such month-to-month tenancy shall be deemed subject to all of the terms and conditions of this Ground Lease 7 ASSIGNMENT AND SUBLETTING Lessee may assign this Ground Lease or sublease the leased premises or any part thereof, provided that no such act on the part of Lessee shall operate to relieve Lessee of any of Lessee's obligations under this Ground Lease unless approved by Lessor 8. ATTORNEYS' FEES In the event of any action at law or in equity between Lessor and Lessee to enforce any of the provisions and rights hereunder, the unsuccessful party to such litigation covenants and agrees to pay to the successful party all costs and expenses, including reasonable attorneys' fees, incurred therein by such successful party, and if such successful party shall recover final ,judgment in any such action or proceeding, such costs, expenses and attorneys' fees shall be included in and made a part of such judgment 9. MECHANICS' LIENS Lessee agrees that Lessee will pay or cause to be paid all costs for work done by Lessee or caused to be done by Lessee on the leased premises of a character which will or may result in liens Lessee shall indemnify and save Lessor free and harmless against liability, loss, damage, costs or expense, including attorneys' fees, on account of claims and claims of liens of labor, materialmen, or others for work performed or materials or supplies furnished for Lessee or persons claiming under Lessee Should any claims of lien be filed against the leased premises or any of the leasehold improvements thereon, or any action affecting the title to such property be commenced, Lessee shall give Lessor written notice thereof as soon as Lessee has knowledge thereof Lessor or Lessor's representative shall have the right to go upon and inspect the lease premises during business hours, and shall have the right to post and keep posted Parkford Groupui.Lease 11 01 2008 5 thereon notices which Lessor may deem to be proper for the protection of Lessor's interest in the leased premises If Lessee shall desire to contest any claims of lien, Lessee shall furnish Lessor adequate security of the value or in the amount of the claim, plus estimated costs and insurance, or a bond of a responsible surety in such amount conditioned on the discharge of the lien If a final judgment establishing the validity or existence of a lien for any amount is entered, Lessee shall pay and satisfy the same at once Before the commencement of any work of improvement, in or about the leased premises, Lessee shall give Lessor written notice thereof specifying the nature and location of the intended work and the expected date of commencement Such notice shall be given at least five (5) days before the commencement of such work or construction 10 DEFAULT If Lessee shall be in default in any rental payment hereunder for a period of thirty (30) days after written notice of such default given by Lessor to Lessee, or shall be in default in any of the other terms, covenants or conditions hereof for a period of forty-five (45) days from and after written notice of such default given by Lessor to Lessee, then in any of such events, Lessor shall have the option, without notice to lessee or demand for performance, to collect by suit or otherwise, each installment of rent as it becomes due hereunder, or to enforce, by suit or otherwise, any other term or provision hereof on the part of Lessee required to be kept or performed or to re-enter the leased premises, remove all persons therefrom and take possession of the leased premises The foregoing remedies of Lessor shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided for 11 NOTICES Any notice which either party hereto may desire or is required to give to the other pursuant to the provisions of flus Ground Lease, shall be in writing and may be given by personal delivery of such notice, or at the option of the party giving such notice, may be given by United States registered mail, return receipt requested, or overnight delivery service, addressed to Lessor at- 950 Nottingham Redlands, CA 92373 Lessee at 31332 Via Colinas, #110 Copy to P O Box 7399 Westlake Village, CA 91362 Redlands, CA 92375 Subject to the right of either party to designate a different address by notice similarly given Any notice so given by United States registered or certified mail shall be deemed to have been given on the date on which same is deposited, addressed as aforesaid, in the United States mail as registered or certified matter with postage thereon fully prepaid 12 ESTOPPEL CERTIFICATE BY LESSEE AND LESSOR- Lessee agrees at any time, and from time to time, upon not less than ten (10) days' prior written request by Lesser, to execute, acknowledge and deliver to Lesser, and Lesser agrees at any bine Parkford Ground l ease 11 01-2008 6 and from time to time, upon not less that ten (10) days' prior written request by Lessee, to execute, acknowledge and deliver to Lessee, a statement in writing certifying that his Ground Lease is unmodified and in full force and effect (or if there have been modifications that the same are in full force and effect as modified and stating the modifications), and the date to which rent and other charges have been paid in advance, if any, and whether or not there is any existing default by Lessee or notice of default served by Lesser, it being intended that any such statement delivered pursuant to this paragraph may be relied upon by any prospective purchaser of the fee or leasehold or any prospective leasehold mortgage or assigns of any leasehold mortgage 13 NO REPRESENTATIONS It is understood and agreed between the parties hereto that no representations or warranties have been made by Lesser or Lessee, or anyone on behalf of either of them, with respect to the leased premises or this Ground Lease, or any matters in connection therewith, other than those which are expressly set forth in this Ground Lease 14. NON -LIABILITY OF LESSOR. Lessor shall not be liable to Lessee or to any other person for any injury or damage that may result to any person or property by or from any cause whatever in, on or about the leased premises or any part thereof. 15 SUCCESSORS AND ASSIGNS, The respective covenants and agreements herein contained shall bind and mure to the benefit of Lessor and Lessee and their respective heirs, representatives, administrators, executors, successors and assigns 16 USE OF LEASED PREMISES Lessee may use the lease premises for any lawful purpose Lessee agrees not to conduct or permit to be conducted thereon any public or private nuisance, nor to commit or permit to be committed thereon any waste 17. HYPOTHECATION Lessee shall at all times during the term of this Ground Lease, without the consent of Lessor, have the right to encumber this lease and the leasehold estate created hereby, by mortgage or deed of trust upon and subject to the terms, covenants and conditions herein set forth, to -wit Section 1 That except as hereinafter otherwise provided, any such mortgage or deed of trust and all rights thereunder shall be subject to each and all of the terms, covenants and conditions of this Ground Lease and to all rights and interests of Lessor hereunder, Section 2 That should there be any conflict between the provisions of this Ground Lease and the provisions of any such mortgage or deed of trust, the provisions hereof shall control, Section 3 That Lessor shall not terminate this Ground Lease because of any default or breach by Lessee if the holder of any such mortgage or deed of trust within ninety (90) days after service of written notice from Lessor to Lessee or to any holder of any mortgage or deed of trust covering this Ground Lease who shall have in writing requested written notice from Lessor of default in performing or breach of this lease by Lessee, together with the name and address of the person or entity to whom and where said notice is to be delivered, of Lessor's intent to terminate this lease for such default or Parkford Ground Cease 11-01 2008 7 breach pursuant to the provisions of Paragraph 11 entitled "Default" shall either cure such default or breach, if the same can be cured by the payment of money, or if such default or breach cannot be cured or cannot be remedied within said ninety (90) day period, if the holder of said mortgage or deed of trust within said period shall commence in good faith to cure such default or breach, if curable, and thereafter diligently prosecute the same to completion If this lease shall have been hypothecated by deed of trust, any default shall be deemed cured upon commencement of a sale under any power of sale by the holder of any deed of trust within ninety (90) days after service of written notice by Lessor, and such sale shall then be prosecuted diligently to completion and default or breach by Lessee shall be diligently cured thereafter; Section 4 That when any rights are acquired by any mortgage or beneficiary, then any or all rental in arrears, together with any and all payments of money required to be made by the terms hereof which may be in default and unpaid, shall be paid by the party or parties acquiring Lessee's rights hereunder on or before thirty (30) days from the date of such acquisition (with interest at six percent (61/o) per annum from the date said rental was due), Section 5 That Lessee shall furnish Lessor on demand, a copy of any mortgage or deed of trust covering this Ground lease and the leasehold estate created hereby, together with the name and address of the owner or holder thereof, Section b Nothing in this paragraph contained shall excuse the payment of rental provided for herein or in any way affect the right of Lessor to terminate this Ground lease in the event rental is not paid in accordance with the terms hereof, provided that notice of said default in rental shall have been given to mortgagee as hereinabove provided and said time to cure said default as hereinabove provided shall have expired 18 CONSTRUCTION OF IMPROVEMENTS — LOSS PAYEE -SURRENDER A portion of the leased premises consists of unimproved real property which Lessee has inspected and accepts as is Lessee may improve the leased premises at any time and has the unrestricted right to build, alter, renovate, rebuild or remove any improvements which have heretofore or may hereafter be placed upon the leased premises Lessor agrees that Lessor will not be named as a "Loss Payee" under any fire or other insurance policy purchased by Tenant. Lessee shall not remove any improvements upon the leased premises upon surrender of the leasehold estate to Lessor unless asked to do so by the Lessor 19 DAMAGE AND DESTRUCTION In the event any of the leasehold improvements upon the leased premises are damaged by fire, earthquake or other casualty, this Ground Lease shall continue in fall force and effect, without any abatement in rent Lessee shall not be obligated to rebuild any damaged improvements If the improvements are not rebuilt, the leased premises shall be restored to a clean and level condition 20 NO SUBORDINATION OR LESSOR'S FEE -EXISTING DEED OF TRUST. Lessor's fee interest in the leased premises shall not be subordinated in any manner whatsoever to any monetary encumbrance which may be placed upon Lessee's Parkford Grannd Lease 11 01-2008 leasehold estate in the leased premises Lessee shall hold Lessor harmless from any and all liability 21 LESSEE'S AUTHORITY TO DEVELOP LEASED PREMISES During the term of this Ground Lease, Lessor hereby grants to Lessee the power and right to execute on behalf of the Lessor, in perpetuity or any lesser period of time, public utility and municipal easements, easements for similar public purposes, zoning applications, subdivision maps and any other documents required for the development of the leased premises, so long as such documents do not impose a monetary encumbrance upon the estate of the Lessor. 22 MISCELLANEOUS Section 1 No waiver by Lessee of the breach of any covenant of this Ground Lease shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Lease Nor shall the acceptance of rent during any period in which Lessee is in default be deemed to be a waiver of such default Section 2 No remedy herein conferred upon Lessor shall be considered exclusive of any other remedy, but the same shall be cumulative and shall be in addition to every other remedy given hereunder, or now or hereafter existing at law or in equity or by statute Section 3 In the event any moneys become due and payable from one party to the other and payment is not promptly payable from one party to the other and payment is not promptly made when due, then any and all sums unpaid shall bear interest at the rate of six percent (6%) per annum from the date due Section 4 Time is of the essence of this Ground Lease and of ail the covenants and conditions thereof Section 5 All of the provisions of this Ground Lease shall be deemed and construed to be "conditions" as well as "covenants" as though the word specifically expressing or importing covenants and conditions were used in each separate provision hereof Section 6 The various headings appearing at the beginning of each of these numbered paragraphs hereof are inserted for purposes of convenience and shall not be construed to limit in any way the text of this Ground lease or any of the paragraphs to which such headlines are appended Section 7 The index and table of contents preceding this Ground Lease, but under the same cover, are for the purpose of convenience and reference only, and are not to be deemed or construed in any way to be a part of this lease nor as supplemental thereto or amendatory thereof Section 8 "Mortgage" shall mean a deed of trust as well as a mortgage Section 9 "Mortgagee" shall mean a beneficiary under or holder of a deed of trust as well as a mortgage Section 10 This Ground Lease shall be construed and enforced in accordance with the laws of the State of California [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] Parkford Ground Lease 11-01-2008 9 IN WITNESS WHEREOF, the parties hereto have executed this Ground Lease consisting of nine (9) pages, including this page, in counterparts, each of which shall be deemed to be an original, the day and year first above written LESSOR 2004 Parker Family Trust dated December 13, 2004 f By. , V ki r t Date � +-14 Charles Michael Parker, Trustee By. �C22 �3 rt_ Z Date Rosie N Parker, Trustee L c Date J\ Jo David Parker LESSEE JLS Enterprises, LP, CAL Property Investors, LLC, General Partner of JLS Enterprises, LP By�. Date a L r1 awre ce Tepper, Manag CAL P oInvestors, Vperty Parkford Ground Lease 11 01-2008 10 Pin Redlands Heights, Map No 7,M 8 8/36 City or Redlands 0174— 14 Pin Redlands Heights Map No 8, M 8 9/5 lax Role Area p�y 5000 r—rJ� r • tr[ fps• t � fel• 9v 6 � a Cpyl�Jf y,. f Q _ KKx W n / f1 I 1� 9rrg 4� Assessor s Map Soak 0174 page 14 i,na�rr soap San Bernordino Counly City of REDLANDS Incorporated 1888 Municipal Utilities & Engineering Department 35 Capon Street, Suite 15A Redlands, CA 92373 909-798-7698 MEMORANDUM DATE MAY 21, 2014 TO JEANNE DONALDSON, CITY CLERK FROM ALAN COLLETT, SENIOR CIVIL ENGINEER/ PAUL TOOR Director SAVAT KHAMPHOU Deputy Director SUBJECT STORMWATER TREATMENT DEVICE ACCESS AND MAINTENANCE AGREEMENT FOR CUP NO 1061 AND CRA NO 890 - LOCATED AT THE NORTHEAST CORNER OF PARKFORD DRIVE AND MARSHALL STREET Attached is a signed and notarized original of the Stormwater Treatment Device Access and Maintenance Agreement for CUP No 1061 and CRA No 890 - Located at the northeast corner of Parkford Drive and Marshall Street As authorized by Resolution No 6394, adopted by City Council on May 17, 2005, please have the Mayor and City Clerk execute the Agreement and have it recorded Please forward a copy of the recorded Agreement to the Municipal Utilities and Engineering Department for our records TTF akc I 1 D� "A(krYRwWam"