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HomeMy WebLinkAboutContracts & Agreements_194-2018RECORDING REQUESTED BY CITY OF REDLANDS AND WHEN RECORDED MAIL DOCUMENT TO. NAM City Clerk, City of Redlands STREET ADDRESS P 0 BOX 3005 CITY STATE& Redlands, CA 92373 FAP CODE FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON ASSESSOR -RECORDER CLERK 367 City of Redlands Clerk Doc# 2018-0388604 Titles 1 Fees Taxes CA 582 Fee Others Paid SPACE ABOVE FOR RECORDER'S USE ONLY Maintenance Agreement Title of Document r '7 r R A t -41--A W 4 THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3 00 Additional Recording Fee Applies) 101`2412018 10'37 AM CG Pages 10 00 00 00 00 00 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk's Office City of Redlands P O Box 3005 Redlands, CA 92373 And to Property One LLC, a California limited liability company BY ITS MANAGER JUDSON & BROWN, LLC A Nevada limited liability company PO Box 7538 Redlands, CA 92373 Attention Donald J Berry, Jr (SPACE ABOVE FOR RECORDER S USE) 1-10 EAST OFFRAMP FROM TEXAS ST TO EUREKA STREET MAINTENANCE AGREEMENT (AFFECTS Post Mile Markers SBD 10 30 396 — SBD 10 30 667) This freeway off -ramp maintenance agreement ("Agreement") is made and entered into this 16th day of October, 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Property One, LLC, a California Limited Liability Company City and Property One, LLC are sometimes individually referred to herein as a "Party" and, together, as the "Parties." RECITALS WHEREAS, Property One, LLC desires to maintain the eastbound interstate 10 freeway ("I-10") off -ramp landscaping, in its entirety, from Texas Street to Eureka Street, both north and south sides, at Property One, LLC's expense, in perpetuity, and WHEREAS, City agrees to amend its existing Landscape Maintenance Agreement with Caltrans ("State") dated March 1, 2016, to include North and South sides of the off -ramp from Texas Street to Eureka Street, NOW, THEREFORE, in consideration of the mutual promises contained herein, City and Property One, LLC agree as follows 1 RIGINAL L IcaldjmlAgreementslESRI I 10 i:ureka Offramp Maintenance Agreement.docx Section 1 Purvose The Parties hereby agree that Property One ,LLC shall undertake certain maintenance responsibilities which include, but are not limited to, inspection, utilities, litter abatement, irrigation repair, providing emergency repair, replacement, and maintenance, (collectively, hereinafter "Mairitain" or "Maintenance") of landscaping and other improvements as shown on Exhibit "A," which is attached hereto and incorporated herein by this reference 1 1 When a planned future improvement is constructed and/or a minor revision has been effected with City consent or initiation within the limits of the State's right of way herein described which affects the Parties' division of maintenance responsibility as described herein, the Parties will agree upon and execute a new dated revised Exhibit "A" which will be made a part hereof and will thereafter supersede the attached original Exhibit "A" to thereafter become a part of this Agreement The new exhibit shall be approved only by an amendment to this Agreement upon the written consent of the Parties, acting by and through their authorized representatives Section 2 Property One LLC„ Obligations Property One, LLC, agrees, at Property One, LLC's expense, to do the following 21 Property One, LLC shall install, or contract, authorizing a licensed contractor with appropriate class of license in the State of California, to install, and thereafter shall Maintain landscaping, utilities, and irrigation conforming to those plans and specifications pre -approve by City and State 22 The degree or extent of Maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code, and the then current edition of the State Maintenance Manual 23 To ensure that landscaped areas designated on Exhibit "A" are provided with adequate scheduled routine Maintenance necessary to Maintain a neat and attractive appearance 24 To obtain an Encroachment Permit prior to the start of any work within the State's right-of-way that is or is not covered under this Agreement and shall keep the City informed of all work and permit applications 25 To furnish and pay fol electricity for irrigation system controls, water, and fertilizer necessary to sustain healthy tree and plant growth during the entire term of this Agreement 26 To replace unhealthy or dead plantings when observed or within thirty (30) days when notified in writing by City that plant/tree replacement is required 27 To prune shrubs, tree plantings, and trees to control extraneous growth and ensure City standard lines of sight to signs and corner sight distances are always maintained for the safety of the public 28 To Maintain, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto State highway, spraying parked and moving 2 L 1ca\djm\Agreements\ESRI 110 Eureka Offramp Maintenance Agreement.dom automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrianibicyclist travel 29 To control weeds at a level acceptable to City Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture All chemical spray operations shall be reported quarterly (Form LAI 7) to the STATE to District Maintenance at 464 W 4t' Street, San Bernardino, CA 92401-1400 210 To inspect landscape, site furnishings, and irrigation on a regular monthly or weekly basis to ensure the safe operation and condition of the landscape, site furnishings, and irrigation 211 To expeditiously Maintain, replace, repair or remove from service any landscaping, site furnishings, and irrigation system component that has become unsafe or unsightly material 212 To keep the entire landscaped area policed and free of litter and deleterious 2 13 To allow random inspection of landscaping and irrigation by City Section 3 Obligation to Maintain. If during the term of this Agreement, Property One, LLC should cease to Maintain the landscaping, site furnishings, and irrigation to the satisfaction of City as provided in this Agreement, City may either undertake to perform that Maintenance on behalf of Property One, LLC's expense or direct Property One, LLC to remove, or itself remove, landscaping, site furnishings or irrigation at Property One, LLC's sole expense and restore the State's right of way to its prior or a safe operable condition Property One, LLC hereby agrees to pay said City expenses, within thirty (30) days of receipt of billing by City However, prior to City performing any Maintenance or removing landscaping, site furnishings or irrigation, City will provide written notice to Property One, LLC to cure the default and Property One, LLC will have thirty (30) days within which to affect that cure. Section 4 Prevailing Wages/Labor Code Comphance If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair, or maintenance work under Labor Code section 1771 Property One, LLC conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of the California Code of Regulations found in Title 8, Chapter 8, Subehapter 3, Articles 1-7 Property One, LLC agrees to include prevailing wage requirements in its contracts for the public work 4.1 Requirements in Subcontracts Property One, LLC shall require its contractors to include prevailing wage requirements in all subcontracts to perform work under this Agreement, when the work to be performed by the subcontractor is a "public work" as defined in Labor Code section 1720(a)(1) and Labor Code section 1771 Subcontracts shall include all prevailing wage requirements set forth in City's standard public work contracts, and as required by law L IcaldjmlAgreemcnts\ESRI I10 Eureka Offramp Maintenance Aa eement.doex Section 5 Insurance 5 1 PropgM One LLC's Insurance to be Primary All insurance required by this Agreement is to be maintained by Property One, LLC for the term of this Agreement and shall be primary with respect to City and non-contributing to any insurance or sell -insurance maintained by City Property One, LLC shall provide City with Certificates of Insurance evidencing such insurance within fifteen (15) days of the Effective Date of this Agreement 52 Worker's Compensation -and Em to er's Liability. Property One, LLC , and any contractor of Property One, LLC performing work under this Agreement, shall have Worker's Compensation and Employer's Liability insurance in force throughout the term of this Agreement in an amount which meets statutory requirements Property One, LLC, and its contractors, shall execute and provide City with Exhibit `B" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference 53 Comprehensive General LiabilityInsurance Property One, LLC shall secure and maintain in force throughout the duration of the Agreement comprehensive general liability insurance covering all work under this Agreement, including work done by subcontractors, with carriers acceptable to City Minimum coverage of one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) aggregate and five million dollars excess for public liability, property damage and personal injury is required City shall be named as an additional insured and the insurance policy shall include a provision prohibiting modification of the coverage limits or cancellation of said policy except upon thirty (30) days prior written notice to City Such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City. 54 Business Auto LiabilityInsurance Property One, LLC shall have business auto liability coverage, with mimmum limits of one million dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability This coverage shall include all Property One, LLC owned vehicles used on the project, hired and non - owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and the insurance policy shall include a provision prohibiting modification of the coverage limits or cancellation of said policy except upon thirty (30) days prior written notice to City Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 55 Property One, LLC's Contractor Insurance If the work performed under this Agreement is caused to be done by Property One, LLC under contract, Property One, LLC shall require its contractors to maintain in force, during the term of this Agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming City and the State, and their respective elected officials, officers, agents and employees as additional insureds in an amount of one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) in aggregate and five million dollars ($5,000,000) in excess Such insurance shall be primary to both City and the State and shall be non-contributing to any insurance or self-insurance maintained by them Coverage shall be evidenced by a certificate of insurance with endorsements evidencing the insurance required by this section 3 5, and in forms satisfactory 4 L IcaldjanlAgreements\ESR1114 Eureka Offramp Maintenance Agreernent.docx to the both City and the State, and shall be delivered to City prior to any work being undertaken by a contractor pursuant to this Agreement Section 6 Indemnrty/Hold Harmless Neither City or any elected official, officer or employee of City (the "Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Property One, LLC, or its agents, employees, contractors and subcontractors in the performance of this Agreement Property One, LLC further shall defend, indemnify and hold harmless the Indemnified Parties from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Properly One, LLC, or its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of City, or its officials, agents, and employees, including all claims, demands, causes of action, liability, or loss because of or arising out of, in whole or in part, the design or construction of any work performed pursuant to this Agreement Section 7 Independent Contractor Status Property One, LLC is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor of its agents shall have control over the conduct of Property One, LLC or its employees, except as herein set forth Property One, LLC shall supply all necessary tools and instrumentalities required to perforin the Services Assigned personnel employed by Property One, LLC are for its account only, and in no event shall Property One, LLC or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Property One, LLC shall have no authority, express of implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Property One, LLC have any authority, express or implied, to bind City to any obligation. Section S Termination This Agreement may be terminated by mutual written consent of the Parties, and Property One LLC's failure to comply with the provisions of this Agreement may be grounds for termination by City. Section 9 Term of Agreement This Agreement shall commence on its Effective Date and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by city for cause Section 10 Entire A eement/Amendment. This Agreement represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, verbal or written agreements relating to such matters are superseded by this Agreement Any amendment to this Agreement shall be in writing, approved and signed by City and Property One, LLC Section 11 Attorneys' Fees In the 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 entitled to the recovery of its reasonable attorney's fees, including fees for use of in-house counsel by a Party Section 12 Goveming_Law This Agreement shall be governed by and construed in accordance with the laws of the State of California L Icaldjm\Agreemen1s\ESR1 I10 Eureka Offramp Maintenance Agreement.doex IN WITNESS WHEREOF, duly authorized representatives of the City and Property One, LLC have signed in confirmation of this Agreement CITY OF REDLANDS By Paul W Foster, Mayor ATTEST By rine Donaldson, City Cleric PROPERTY ONE, LLC, a California limited liability company BY ITS MANAGER JUDSON & BROWN, LLC a Nevada limited liability company By Donald! Berry, Jr Manager 6 L•IcaldjmlAgreements\ESRI I10 Eureka Offramp Maintenance Agreement.doex 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 San Bernardino On CCAJ O�)(_ 1-1 120 (9 before me, Heather MacDonald, Notary Public Date Here Insert Name and Title of the Officer personally appeared Paul W Foster and Jeanne Donaldson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso s whose name(s) Gs/are subscribe tc the within instrument and acknowledged me that he/she a executed the same in his/her eir authorized capacity(ies), and that by hisAh herr ignature(s) on the instrument the person(s), or the en ity 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 o oaaonoa000000aoaa0000a0000a0000000aoaoQON000oo WITNESS y hand and official o HEATHER MACDONALb R COMM # 2216458 R LIG U NOTARY PUBCALIFORNIA " t SAN BERNARDINO COUNTY U Signature MyCOmmiss,N E4.,UOC€C-t:5 s 2�12t Signature of Notary Public �OOAQQAQpAQQ0Ag0$QAQAQQAAAAA40QAAAAQA7QAApOQA000� Place Notary Sea! 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 X—iD Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Number of Pages Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 02016 National Notary Association - www NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ".`FALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .a .a .a .a .a ,a .a .m...a .a .a .a .A•.A .A .A .a .a .a .A .a .9\\.� .A .e7...a ..a .4W .^N.�•.a� .a .a .a _a _a .a .a .A _a .a\.a .a:.a .a\. 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 San Bernardino ) On October 18, 2018 before me, Veronica Burgess, Notary Public Date Here Insert Name and Title of the Officer personally appeared Donald J Berry, Jr Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(�41`whose name) is/afd' subscrbed to the within instrument and acknowledged to me that he/ske/thef executed the same in his/hBr/tho& authorized capacity(ie* and that by his/har/theif signature(5)/on the instrument the person; or the entity upon behalf of which the person(s) acted, executed the instrument VERONICA BURGESS Notary Public California San Bernardino County z Commission # 2171206 My Comm Expires Nov 15 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS m d and official seal Signatur Signature of N ry Public 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 1-10 East Qfframp Maintenance Agreement Document Date 10/16/18 Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited General Ll Individual orney in Fact 171 Trustee �� Guardian or Conservator ❑ Other Representing Signer's Name ❑ Corporate Officer — Title El Partner — ❑ Limit General ❑ Individual Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑O Is Representing 02014 National Notary Association www NatlonaiNotary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Exist DWERNEID VFJLfTr FROTZCT IN PLACE E-IsO EDC- OF PAVEAW FlTVTECr IN PLACE ExIsf CUAROA[ PPOTECF IN FLACF .-EdIN WRX STA 445 57 tINWAFc" AREA %�M —.1 —\ • PP&I PLAKFIl.; • Nxlh no=bod EAV kaSk "7 SrA ASS # so .... .. . .. . .. .. .. q - - ;ca Ar -00081 .... ....... ... . .. .... AFAC.F`ffSED PL riffa i AN) IRWCA TW APA AAAN( otdo 141 J51 1 ARW 0169 10-26 019,7 141-,? LPN 0?69-$41 30 14,11, 111 qm.IT,-), =Ffflm Exist RM NRAIClTRCF I TCN EXHIBIT N PROPERTY ONE LLC Area to be maintained by MAINTENANCE AREA Property One LLC CITY OF REDLANOU ima M_._�Lrrvrms ma Ewl"i lik"a WN LANDSCAFE CONSTRUCTrOR DOCUMENTS f.FdEh5TOFfRANPFROlBTEYASBTSOEL'+'IEHA9T. Ly OVERALL SITE PLAN CUP 205 NIS 312 LMJ� L-200 " SCALE: I = 100 2 cq ENCROACHY411T PERMIT WAIB_k 08-17 6 -Lr -1054 I