HomeMy WebLinkAboutContracts & Agreements_69-2007_CCv0001.pdf Los Angeles County One Gateway Plaza
Metropolitan Transportation Authority213.922.92oo Tel
Los Angeles,CA 90012-2952 213.922.92oi Fax
M bra t r V metro.net
May 31, 2007
Mr. Rudy Victorio
CITY OF REDLANDS
MUNICIPAL UTILITIES DEPARTMENT
35 Cajon Street, Suite 1.5A
Redlands, California 92373
RE: SANBAG CONTRACT RRND007638 LOCATED AT ALABAMA STREET
NORTHERLY OF REDLANDS BOULEVARD IN THE CITY OF REDLANDS
Dear Rudy:
Enclosed is the fully executed original document for crossing SANBAG's property at the above noted
location in the City of Redlands with a twelve inch(12") water pipeline in a twenty four inch (24") steel
casing.
The Southern California Regional Rail(SCRRA)has been notified of the completion of your contracts
and they are waiting for your call to notify them five days prior to the commencement of your installation
for inspection services. Please see the last page of your contract for the phone number and information
regarding scheduling this service_
Thank you for your payment of$1,000.60 written on your check number 067096, dated May 17, 2007.
This payment will be posted to your new account.
Thank you for your patience in this matter. If you have any questions, please contact me at(213) 922-
2412.
Sincerelv,
aria I. e zuela
eal E ate O facer
Enclosure
cc: T. Hodges;Maureen Lucey-Smith; Chron; (without enclosures)
File: RRND007638
LICENSE AGREEMENT
BETWEEN
SAN BERNARDINO ASSOCIATED GOVERNMENTS
AND
CITY OF REDLANDS
File: RRND007638
S000 1089
Capital 11"Provenicrit Program
LICENSE AGREEMENT
This LICENSE AGREEMENT ("Agreenjent") is made and entered into as
of May 1 —1 2()07 by and between the SAN BERNARDINO
ASSOCIATED GOVERNMENTS, a public agency existing Under the authority of the
laws of the State of California ("SANBAG"), and CITY OF REDLANDS,
(",LICENSEE"), upon and in consideration of the agreements, covenants, terms and
conditions below:
PART I
BASIC LICENSE PROVISIONS
I Description of License Property:
All Underground parcel located at Alabama Street northerly of Redlands Boulevard in the
City of Redlands on SANBAG's Redlands Subdivision at Mile Post 7.81 as shown on
Exhibit "A"
Approximate area:
Five Hundred Fifty Square Feet (550 Sq. Ft.)
2. Use of License Property:
Installation, operation, maintenance and repair of one (1) twelve *rich (12") water pipeline
in a twenty f0l.ir inch (24") steel casing only, and no other LISCS (§1.1, §10)
1 Commencement Date:
April 1, 22007 1.2)
4. Term (circle one):
A. :Month-to-month, Unless canceled by SANBAG as provided in Section 1.2
on 30 days' notice
B. N/A months, ending N/A 20 N/A, unless canceled by SANBAG as
provided in Section 1.2 on 30 days' notice (§1.2)
5. License Fees:
A. Base License Fee:
$N/A per month, payable (circle one):
a.
b. (s.2.1)
('B-'\) Additional License Fee:
Q One time administrative fee: S 1,000.00
b. Other Ices: SN/A 0").
5
121-CCIII01( SANBAG Ver'ton
Revtsed 01 1104 kedland,Cit St RRND007h3,1,
s
C. Base License Fee. Adjustment Dates (Not applicable)
a. Ann,5„4"+&-e r m
b. At
� �� #
f x ,-L e# Fen4
(.92.2)
6. 117surance Amount (See Exhibit "B") (§1E)
7. SANBAG's Address:
SAN BERNAR.DINO ASSOCIATED GOVERNMENTS
c/o Los Angeles County Metropolitan Transportation. Authority
One Gateway Plaza - 13th Floor - RRND007638
Los Angeles, CA 90012-2952
Attn: Director of Real Estate (§24.1)
S. Licensee's Address:
CITY OF REDLANDS
MUNICIPAL UTILITES DEPARTMENT
35 Cajon Street, Suite 15A
Redlands, California 92373 ( 24 1)
9. Facility:
One (1) twelve inch (12")water pipeline in a twenty four inch (24") steel casing (§1.1)
The foregoing Basic License Provisions and the General License Provisions set forth in attached
Part II are incorporated into and made part of this Agreement.
t we n,c Algrecmcut-SANBAG s er,ic;u Redlands CW, ?la(-ama St RRND00 63s 0-1�I O(l7
Rev�set 0I'"t i 1.
.itis
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives as of the date first written above,
SANBAG:
SAN BERNARDINO ASSOCIATED GOVERNMENTS
By:
Name: Velma C. Marshall
Title: Director of Real Estate
For: Los Angeles County Metropolitan Transportation Authority
As: Agent for SANBAG
LICENSEE:
CITY OF REDLANDS
By:
Nance: J Harrison
Title: /mayor
Attest:
-
LoriePoyzo'r �-Cl-ty clerk
Lwcis;,, ,mel;t--SANBA6,%ow 3 Alah"mm St RPNI)60-01S :9 0-1
INDEX TO LICENSE AGREEMENT - PART 11
section RA9�
1. GRANT OF LICENSE/T'ERMI, ......................... ............................ .................... .............1
2. PAYMENTS............................................................. ....................... ..........................................1
3. TAXES............................................................................ ....................................................-2
4. CONSTRUCTION......................................................................... .......................................2
5. CONTRACTORS; APPROVAL AND INSURANCE.......................................—............ .........2
6. REIMBURSEMENT ......................................................................—....... ............................3
7. LIENS ........................... ............... .............. ............... ........--.......... ......................
8. MAINTENANCE AND REPAIR......... ...........--......................--.............-............. .........
9. LANDSCAPING .......-......... ....-......... ........... ........ ........... ............—......... ............... ..........-3
10. USE.......................................................................... .................................—... .........................3
IL ABANDONMENT... ....................................-........ ............. ........ ....... ................... ......4
12. BREACH ....................... ............................ ....—............ ........ ....................-...........................4
13. SURRENDER........ ................................. ...... ...........................--.......... ......... .................4
14. INDEMNIFICATION.............. .............................. .................... ............ ...... ............ 4
15. ASSUMPTION OF RISK AND WAIVER .......... ................ .....--........... ...................... 5
16. INSURANCE..............--..... ... ................—.....----....... ............ ......--................... ...........5
17. TESTS AND INSPECTIONS........ ................. .......... ....---........ ....—......... .....--...........5
IS. HAZARDOUS/TOXIC MATERIALS USE AND INDEMNITY .........---..........-.................5
19. UNDERGROUND STORAGE TANKS.......................--.............. .................... .......... ....6
20. SUBORDINATE RIGHTS............ ...........................................................................................6
21. COMPLIANCE WITH LAWS.......... ....... ........-.....................................................................6
22. CONDEMNATION................. ............ ........................................ .................... .............—7
23. MARKERS........... ............ ........ .......................................... .............................. 7
24. GENERAL PROVISIONS.... ...........—........... .......................................... ..............
Exhibits:
ITA" License Property
"B" Insurance Requirements
"C" Permitted Hazardous Materials
L;ccn,c A,,a-cmwqt SA,'RAO Verion RcdlandCitv A iabama St RR DI 0'63S 03/19x07
012304
"D" Additional Provisions
SANBA6 Ve,,,ion 2ecf3 ire',
City Alabama St RRNDoO'61,'�03,19
R 07
evi,ed Of 2304
PART 11 - GENERAL LICENSE PROVISIONS
1. GRANTOF LICENSE/TERM
1.1 Grant of License. SANBAG hereby grants a non-exclusive license to Licensee in,
on, Over. Under, across and along the real property ot'SANBAG in the location shown in the diagram attached hereto as
Exhibit A and described in Item I of the Basic License Provisions (tile "License Property"), for Construction, installation,
operation, alteration, maintenance, reconstruction and/or removal of the Facility described in Item 9 of the Basic License
Provisions, and any usual, necessary and related appurtenances thereto (tile "Facility") for the purposes described in Item
2 of the Basic License Provisions, together with rights for acccss and entry onto the License Properly as necessary or
convenient for the use of the Facility. In connection with this grant of license, Licensee, its C111plOyeCS, agents, customers,
visitors, invitees, licensees and contractors (collectively, "Licensee's Parties") Subject to the provisions hereof, may have
reasonable rights of entry and access onto adjoining real property of SANBAG if necessary for the use Of the Facility or
the License Property, with the time and Manner Of Such entry and access to be SUb.icct to SANBAG's prior written
approval, The License Property, adjoining real property of SANBAG and personal property of SANBAG located thereon
shall hereinafter collectively be referred to as "SANBAG Property".
1.2 Term Of Agreement. The teen of this Aoreciricrit shall commence on the
"Commencement Date" specified in Item 3 of the Basic License Provisions. Unless a specific term of this A,,rccmciit is
filled in at Item 4.13 of the Basic License Provisions, or if Item 4.A is circled, this Agreement shall Continue in full force
and effect oil a month-to-month basis as provided in Item 4.A of the Basic License Provisions until terminated by either
parley on thirty(30)days' prior written notice. If Item 4.13 of the Basic License Provisions is filled in, their this Agreement
shall be a license for the term specified in said Item 4.13; provided, however, that SANBAG shall have the right to
terminate this Agreement prior to the date specified in Item 4.13 by delivcrin,, thirty (30) days' prior written notice to
Licensee, provided that SANBAG, in its sole, reasonable judgment, determines that it their may require possession of the
License Property for its primary, transportation-related Purposes. 'File term of this Agreement as provided above is
referred to as the"Term".
I Condition of License Property. Licensee acknowledges that it has inspected and
accepts the License Property in its present condition as suitable for the use for which this Agi-cerricnit is granted.
Execution of this Agreement by Licensee shall be conclusive to establish that the License Property is in good and
satisfactory condition as of the Commencement Date.
2. PAVVIENTS
I License Fee. As consideration for the rights herein granted. Licensee agrees to pay
to SANBAG the amount per, month specified in Item 5 of the Basic License Provisions, as Such amount may be adjusted
its set forth in Section 2.2. If Item 5.B,a of tile Basic License Provisions is circled. the one time fee noted therein shall be
due and payable upon execution of this Agreement. If Item 5,B.b of the Basic License Provisions is circled,the fee noted
therein shall be due and payable as indicated in that item. If Itern 5.A.a of the Basic License Provisions is circled, an
amount equal to twelve (12) times the Base License Fee, as such fee may be adjusted Pursuant to the provisions of
Section 2.2, shall be due and payable, without demand, annually in advance for the convenience of both pat-ties, without
affecting the Term of this Agreement as specified in Section 1.2. If Item 5.A.b of the Basic License Provisions is circled,
the first month's Base License Fee noted therein shall be due and payable upon execution of this Agreement. Thereafter,
the Base License Fee, as Such fee may be adjusted pursuant to the provisions of Section 2.2, shall be due and payable,
Without dernand, oil or before tile first day of each calendar month Succeeding the Commencement Date during tile Term,
except that the Base License Fee for any fractional calendar month at the commencement or end of the Term shall be
prorated oil a daily basis.
2.2 License Fee Adjustment.
2.2.1 Annual CPI Ad,,gstnicrit. If Item 5.C.a of the Basic License Provisions is
circled, then the Base License Fee shall be increased, but not decreased, as provided below on the first day of each month
durinu, which an annual anniversary of the Commencement Date occurs unless another date(s)is provided in Iter 5 of the
Basic License Provisions (tile "Lvdiustment Date"). The adjusted Base License Fee as of each ACijUStulC1lt Date shall be
the greater of the Base License Fee on the day preceding that Adjustment Date or that amount multiplied by a fraction,the
numerator of which is tile CPI figure for the third month preceding the month dUruig which the particular Adjustment
Date occurs and the denominator of which is the CPI fi(MI-C for the month that is fl-ire, (Y) months prior to the nionth
I icenc A,2,Tcwcrt SANDAG CTT Vail St!"JZN[)()t638 01 1:,07
nrly
Re,iwd 1112 304
containing the prior Adzustmcut Date or, if none, the Cornmerrcemcrrt Date, As used in this section, the "CPI" means the
Consumer Price index for Urban lt'age 1✓arncrs and Clerical Workers, Los Angeles/RiNcrsidc;Orange C OUnty, all items
{1982-S4 = 100), published by the I .S. Dcpartment of Labor, Bureau of Labor Statistics, or if such index is no longer
published, the U.S. Department of Labor's most cornprchenstvc official index then in use that most nearly corresponds to
the index named above If it is calculated from a base different from the base period 19)x2-84 10t), figures used for
calculating the adjustmerIt shall first be converted to tire base period used urrdcr a formula supplied by the Bureau. If a
comparable index shall no longer be published by the [ .5. Department of Labor, another index generally rccugnrred ars
acrtfroritative shall be substituted by SANBAG.
2.2.2 1 trrr Market Aditrstment. If Item S.C.b of the Basic License Provisions is
circled, then, at intervals of not less than three (3) years, the Base License Fee (as such fee may be adjusted by
Section 2.2.1, above) payable under this Section 2 shall be increased, but not decreased, in order to adjust the fee to the
then fair market rental value of the License Property as determined by SANBAG in good faith. Such increases shall be
effective on an anniversary date of the Corrt7r7rcncerncnt Date. SANBAG shall give t.,iccnsec written notice of the date Linea
amount of any such alai rrrent not less than thirty (30) days prior to the applicable anniversary date. if no adjustment is
ad�jUmade on the third anniversary of the Commencement Date, an adjustment may nevertheless be made on a subsequent date
and thereafter at intervals of not less than three(3)years apart.
2.3 tate Charge. Licensee acknowledges that late payment by Licensee of any payment
owed to SANBAG under this Agreemcnt will cause SANBAG to incur costs not contemplated by this Agreement, the
exact amount of such costs being extremely difficult and impracticable to fix. `i'herefore if any payment due from
pt y
Licensee is not received by SANBAG within five(?}days of when due, licensee shall i to S 1NBAG an additional sum
of ten percent(l0°ti,) of the overdue payment as a late charge, up to a maximum amount of 5500 for cacti late payment.
The parties agree that this late charge represents a fair and reasonable estimate of the administrative costs that SANBAG
will incur by reason of a late payment by Licensee. Acceptance of any late payment charge shall not constitute a waiver of
Licensee's default with respect to the overdue payment, not,prevent SANBAG from exercising any of the other rights and
remedies available to SANBAG under this Agreemcnt,at law or in equity, including,but not limited to,the interest charge
imposed pursuant to Section 24.5.
3. TAXES
Licensee shall be liable for and agrees to pay promptly and prior to delinquency, any tax or
assessment, including but not limited to any possessory interest tax, levied by any governmental authority: (a) against the
Facility, the License Property and/or any personal property, fixtures or equipment of Licensee used in connection
therewith or(b)as a result of the Facility's operations.
4. CONSTRUCTION
Any work performed or caused to be performed by Licensee on the Facility or the License
Property shall be performed (a) at Licensce's sole cost and expense; (b) in accordance with any and all applicable laws,
rules and regulations(including the SANBAG's rules and regulations),and(c) to a manner which is(i)equal to or greater
than the then applicable standards of the industry for such work, and (it) satisfactory to SANBAG. Prior to
commencement of any construction, reconstruction, installation, restoration alteration, repair, replacement or removal
(other than normal maintenance) (hereinafter, "Work") on the License Property, Licensee shall submit work plans to
SANBAG for review and approval. Any such Work must be carried out pursuant to work plans approved in writing by
SANBAG. In addition, Licensee shall provide SANBAG with at least 10 calendar days' written notice prior to
commencement of any Work on the License Property or the Facility, except ill cases of emergency, in which event
Licensee shall notify SANBAG's representative personally or by phone prior to commencing any Work. Unless otherwise
requested by SANBAG, upon completion of any Work, Licensce shall restore the SANBAG Property to its condition
immediately preceding the commencement of such Work.
5. CONTRACTORS; APPROVAL AND INSURANCE
Any contractors of Licensee pctforming Work on the Facility or tare License Property shall
first be approved in writing,by SANBAG. With respect to such Wca I icensee shad, at tt�, o1c cost incl expense, obtain
and maintain in full force Lind effect tl^rou=.rout the term of such Wet
insurance, as required b SANBAG, in the
amounts and coverages specified on, and issued by insurance companies as described ori. Exhibit B". Additionally,
Eiccr see shrill pause y and all of its contractors and subcontractors Which may (i) be in�ol�cd villi such Work, or (ii)
rray, for any reason, need to enter onto the License Property to obtain and niarntarn in full force and effect during the
' 1t,uititt�i5 t t tea;=e�i.t St�2itND ? {,S I i'i'{)?
t iu t'isSL �,TC.('?iti iE S t4a BA6 er,wn
2 5
Re'l,ed st i 2 a:}.4
ti
ti
Term of'this Agreement, or throughout tile M-111 Of Such Work(as applicable), insurance, as required by SAN BAG, in the
amounts and coticragcs specified oil,and issued by insurance companies as described oil, exhibit 13", SANBAG reserves
Z�
tile right, throughout the Term or this Agreement, to review and change the amount and type Of'Insurance coverage it
requires in Connection with this Agreement or the Work to be performed oil the License Property.
6. REINIBURSFNIENT
Licensee agrees to reimburse SANBAG for all reasonable costs and expenses incurred by
SANBAG in connection with Work on or maintenance of the License Property or the Facility, including, but not limited
to, costs incurred by SANBAG in furnishing any materials or performing any labor, reviewing Licensee's Work plans
and/or inspecting any Work, installing Or removing protection beneath or along SANBAG's tracks, furnishing of
watchmen, flagmen and inspectors as SANBAG deems necessary and Such other items or acts as SANBACY in its sole
discretion deems necessary to monitor or aid in compliance with this Agreement.
7. LIENS
Licensee will fully and promptly pay for all materials joined or affixed to the Facility or
SANBAG Property, and fully and promptly pay all persons who perform labor upon said Facility or SANBAG Property,
Licensee shall not Suffer or permit to be filed or enforced against the SANBAG Property or the Facility, or any part
thereof', any mechanics', niaterialmen's, contractors', or subcontractors' liens or stop notices arising from, or any for
damage growing out of, any testing, investigation, maintenance or Work,or out of any other claim or demand o'f anv kind.
Licensee shall pay or cause to be paid all Such liens, claims or demands, including Sums due With respect to Stop notices,
together with attorney's fees incurred by SANBAG with respect thereto, within ten (10) business days after notice thereof
and shall indemnify, hold harmless and defend SANBAG from all obligations and claims made against SANBAG for the
above described work, including attorney's fees. Licensee shall furnish evidence of payment upon request of SANBAG.
Licensee may contest any hen, claim or demand by furnishing a statutory lien bond or equivalent with respect to stop
notices to SANBAG in compliance with applicable California law. If Licensee does not discharge any mechanic's lien or
stop notice for works performed for Licensee, SANBAG shall have the right to discharge same (including by paying the
claimant)and Licensee shall reimburse SANBAG for the cost Of Such discharge within tell (10)business days'after billing.
SANBAG reserves the right at any time to post and maintain on the SANBAG Property Such notices as may be necessary
to protect SANBAG against liability for all Such liens and claims. 'File provisions of this section shall Survive the
termination of this Agreement.
8. MAINTENANCE AND REPAIR
Licensee, at Licensee's sole expense, shall maintain the License Property and the Facility in a
first-class condition during the Term of this Agreement and shall perform all maintenance and clean-LIP of the License
Property and the Facility as necessary to keep the License Property and the Facility in good order and condition, to
SANBAG's satisfaction. If any portion of the SANBAG Property, including improvements or fixtures, suffers damage by
reason of the access to or use of the License Property, by Licensee, Licensee's Parties or by Licensee's partners,officers or
directors, including but not limited to damage arising from any tests or investigations
ons conducted upon the License
Property, Licensee shall, at its own cost and expense, immediately repair all SUc`li damage and restore the SANBAG
Property to as good a condition as before such Cause of damage Occurred. Repair of damage shall include, Without
limitation, regrading and resurfacing of any holes, ditches, indentations, mounds or other inclines created by any
excavation by Licensee or Licensee's Parties.
9. ]LANDSCAPING
If required by SANBAG. then Licensee, at its sole cost and expense, shall install barrier
landscaping to shield the Facility from public view. SANBAG shall have the right to review and approve landscaping
plans prior to installation. All landscaping work shall be done in accordance with the provisions of Section 4 above.
10. USE
The License Property and the Facility shall be used onlY for the purposes specified in Itern 2
of,the Basic License Provisions and for such lawful purposes as may be directly, incidental thereto. No change shall be
made by Licensee in tile Use of the License Propeilty,the Facility Or tile C01111110ditv or Product being conveNed through the
f,acility(if any)without SANBAG's prior written approval,
Lxen,c Aglieun&m SANIIA6.Vc,,wn RedlaII&Citly Alabama St RRND0076303 P)X07
ke�isca 0 11304 3
ABANDONMENT
Should Licensee at anytime abandon the use of the Facilitv Or the License Property, Or any
part thereof, or fail at any time. for a continuous period of llillety(90 days to use the sac fr tile purposes contemplated
herein, the"I this Agree"'.ent shall terminate to the ex,cllt of tile Portion so abandoned ornr disocontiriucd� and ill addition to
any other rights Or remedies, SANBAG shall immediately be entitled to exclusive possession and ow"Cl-ShiP of the Portion
so abandoned Or discontinued,Without the encumbrance of this Agreement.
12. BREACH
Should Licensee breach, Or fail to keep, observe or perform any agreellient,covenant, term or
other available rights and remedies, SANBA(.3 at its Option
condition oil its Part herein contained, then, ill addition to any o
May: (a) perform any necessary or appropriate corrective work at Liccrisce's expense, which
Licensee agrees to pay to SANBAG upon dcrnand,or Y-cement and
notice or demand.immediately terminate this Agreement(b) with or without Written 11 thereof, and expel and remove therefrom
at any time thereafter, recover possession of the License Property or any part t I
Licensee and any other person occupying the License Property by lawful means, and again repossess and enjoy the
License Property and the Facility,without prejudice to any of tile remedies that SANBAG may have under this Agreement,
at law or equity by reason of Licensee's default or Of Such termination.
13. SURRENDER
Upon termination of this Agreement, unless otherwise requested in writing by SANBAG prior
shall immediately remove the Facility and restore the
to the date of termination, Licensee, at its own cost and expense,
same state and condition as existed prior to the construction,reconstruction
SANBAG Property as ricarly as possible to tile
or installation of said Facility. Should Licensee fail to comply with the requirements of the preceding sentence,SANBAG
may at its option (i)perform'the same at Licensee's expense,which costs Licensee agrees to pay to SANBAG on demand,
or (ii) assume title and ownership of said Facility. No termination hereof shall release Licensee from any liability or
obligation hereunder. whether of indemnity or r Otherwise, resulting from any acts,omissions or events happening prior to
I
the date the Facility is removed and the SANBAG property is restored.
14. INDEMNIFICATION
Licensee, on behalf of itself and its Successors and assigns, agrees to indemnify, defend (by
counsel satisfactory to SANBAG), and hold harmless SANBAG and its Subsidiaries, officers, directors, cmplovccs,
agents,successors and assigns(individually and collectively, "indemnitees"),to the rnaxirnunj extent allowed by law, from
and against all loss, liability, claims, demands, suits, liens, claims of lien, damages (including consequential damages),
costs and expenses OnClUingi without limitation, any fines, penalties,judgments, litigation expenses, and experts' and
attorneys' fees),that.arc incurred by or asserted against Indemnitees arising out of or connected in any manner with(I) the
acts or omissions to act of the Licensee, or its officers, directors, affiliates, Licensee's Parties or anyone directly Or
indirectly employed by or for whose acts Licensee is liable (collectively, "Personnel") or invitees of Licensee in
connection with the SANBAG Property or arising from the presence upon or performance of activities by Licensee or its
Property, (ii) bodily injury to or death of any person (including employees Of
Personnel with respect to the SANBAG Pr I such acts t o r omissions Of Licensee or its Personnel,or
Indemnitees)or damage to or loss Of use of property resulting from SL c 0 i
(Ili) non-performance or breach by Licensee Or its Personnel of any term or condition of this Agreement, in each case
whether Occurring during tile Term of this Agicernent or thereafter.
active,
The foregoing indemnity shall be effective regard I less of any negligence (whether -Oss
passive, derivative, joint, concurring or comparati.ve) Oil the part of Indemnitces, unless caused solely by the gi
survive teri-nination of this Agreement; and is in addition to any
c g willful misconduct of Indemnitees' shall
gligencc or misco 3
nay have under the law or under this Agreernenc Upon of SANBAG,
other rights or remedies which hldernnitees and defense
for possible claims or losses covered by the indemnification,
Licensee shall prov�idc insurance coverage
prov�slons of this Agrcemciit.
its Personnel shall not limit the Licensee's
by Licensee or
Ciainis apunst the lilden-ulltces
-initecs mLIV I-CSLLII ill anv
or not Such claims a,lainst Inden
indemnification obhoations hereunder ill any way, ,vhelhcr
EN ;edlands Cit- NlahzMla ST 1�i�"!
S nds
Ag cemelit SANIIAG V,,Wll
4
Kv,,jjcd 012304
hIllitation on the amount or type of damages,compensation,or benefits payable by or for a t.iccrisec or its perSolluCl under
workers'compensation acts,disability benefit acts or other employee benefit acts Or insurance,
15. ASSUNNIPTION' OF RISK AND'WAIVER
To the maximum extent allowed by law, I.,iZcl!See aSSUOICS any and all risk of loss,damage Or
property, including Without limitation, the Facility, the SANBAG property and any
il�jkll-Y of any kind to any person or pi - n or near the License Property. Licensee's
other property of, Or under the control or Custody of, Licensee, which is 0
aSSUIllptiOn Of risk shall include, Without limitation, loss or damage caused by defects in any structure or improvement on
the SANBAG", Property, accident or fire or other casualty on the SANBAG Property, or electrical discharge, noise or
vibration resulting from SANBAG's transit operations oil or near the SANBAG Property. The term "SANBAG" as used in
this section shall include: (i) any transit or rail-related company validly operating upon or over SANBAG's tracks or other
property, and (ii) any other persons or companies employed, retained or engaged by SANIBAG. Licensee, oil behalf of
itself and its Personnel (as defined in Section 14)as a material part of the consideration for this Agreement,hereby waives
all claims and demands against SANBAG for any such loss, damage or injury of Licensee and/or its Personnel. In that
connection, Licensee waives the benefit of California Civil Code Section 1542 which pi-ovides as follows:
A general release does not extend to claims which the creditor does not know or
Suspect to exist in his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor.
The provisions of this section shall Survive the termination of this Agreement.
16, INSURANCE
Licensee, at its sole cost and expense, shall obtain and maintain in full force and effect during
the Terni of this Agreement insurance as required by SANBAG in the amounts and coverages specified and issued by
insurance companies as described on Exhibit "B". SANBAG reserves the Termright, throughout the Term of this Agreement,
to review and change the amount and type of insurance coverage it requires in connection with this Agreement or the
Work to be performed on the License Property. Prior to (i) entering the License Property or(it) performing- any Work or
maintenance on the License Property, Licensee shall furnish SANBAG with insurance endorsements or certificates
evidencing the existence,amounts and coverages of the insurance required to be maintained hereunder. In most instances,
SANBAG does not allow self-insurance, however, if Licensee can demonstrate assets and retention funds meeting
SANBAG's self-insurance requirements,SANBAG may permit Licensee to self-insure, provided,however that the right to
self-insure with respect to any coverage required to be maintained hereunder may be granted or revoked by SANBAG at
its sole and absolute discretion. SANBAG shall not be liable for the payment of any premiums or assessments for
insurance required to be maintained by Licensee under this Agreement.
17. 'TESTS AND INSPECTIONS
SANBAG shall have the right at anytime to inspect the License Property and the Facility so as
to monitor compliance with this Agreement. if, in SANBAG's sole judgment, any installation on, Or use or condition of
the License Property may have an adverse effect on the SANBAG Property, adiacent property (whether or not owned by
SANBAG) or SANBAG operations, SANBAG shall be permitted to conduct any tests or assesst-nents, including but not
limited to environmental assessments, of, on or about the License Property, as it determines to be necessary or useful to
evaluate the condition of the License Property. Licensee shall cooperate with SANBAG in any tests or inspections
deemed necessary by SANBAG. Licensee shall pay or reimburse SANBAG, as appropriate, for all reasonable costs and
expenses Incurred due to the tests,inspections or any necessary corrective work and inspections thereafter.
18. IIAZARDOUS/TOXIC MATERIALS USE AND INDEININITY
Licensee shall operate and maintain the License Property ill compliance with all, and shall not
cause or permit the License Property to be In violation of any Ceder.a!, state or local environmental, health and/or
Irts, permits or permit conditions, currently existing or as
decisions of the cca
safety-related laws, regulations, Standards, d applicable to Licensee or the License property ("F_
nvironmental
aruended or -adopted in the future Which are or become ell cc
is LwNs"). Except for Hazardous Materials expressly approved by SANBAG in writing as shown oil s
i permit, any Hazardous _xhibit "C", Licensee
any of Licensee's Parties to cause or pet Materials to be brought
shall not cause or pernnit', or r about the SANBAG Property. Any HazardOUS Materials on the
upon, stored, used, generated,treated Or disposed of oil 0
-1 site shall be stored, used, encrated and disposed of in accordance with all applicable [-',I vi ront-licii tat Laws, AS used
u,
St I:tit M)00,.3S 0 ;9 0
Liccnw Aoi,ennciq- SANBA6,Vcriil)zlMIS
5
R,,,i,ed t, 2-A
M
r material which is now or bcconles it' ill.e future listed,
herein. 'Tla�,,ar(IQUS materials" means ally chemical, substance 0 its properucs or ctfects,
i -ectly or indirectly,
er ll�, aEnvn-oninental Law based upon,dii
defined or regulated ill ally mannG) and hold harmless tile
Licensee shall indemnify, defend(by counsel acceptable to SANBA -1
Section 14) from and against all Joss, liability, claim, damage, cost Or expense (includn"'
Inderrinitces (as defined in Sect penalties, 'Lldgments. litigation expenses, attorneys, fees, and consulting, engineering, and
without limitation, ariv fulxs, Pe i Milt of (a) Licensee's breach of ally prohibition or
construction fees all incurred by Indemnitees as a r -iccllsc Property Or
ous �M
expenses) inc . aterials upon Or from tile Facility or the I
lease of Hazard ipancy of the Facility
provision of this section, or (b) any re property(i)which occurs due to the use and OCCL I
contamination of the SANBAG property or adjacent pr I (ii)which is made worse due to the act or failure to act of
or the SANBAG Property by Licensee or Licensee's Parties, or
Licensee or Licensee's Parties. effective regardless of any negligence (whether active,
The foregoing indemnity shall be nitecs, unless caused solely by tile gross
passive, derivative, joint, concurring or comparative) on the Item
of Indern
llc,,Iigeilcc or willful rnisconduct of Indervin i tees; shall Survive termination of this Agreement; and is in addition to any
C, have under tile law or under this Agreement.
Other rights or remedies which Indemnitces may Ila l
Iia addition,ill the event of any release oil or contamination of the License Property,Licensee,
expense, shall promptly take all actions necessary to clean up the affected property (including the SANBAG
at its sole expe whether or not owned by SANBAG) and to return the affected property to
Property and all affected adjacent property -- governmental
the condition existing prior to Such release or contamination, to the satisfaction of SANBAG and any
authorities having jurisdiction thereover,
19. UNDERGROUNDSTORAGE TANKS
NEITHER LICENSEE NOR LICENSEE'S PARTIES SHALL INSTALL OR USE ANY
UNDERGROUND STORAGETANKS ON THE LICENSE PROPERTY UNLESS SPECIFICALLY APPROVED IN
ADVANCE IN WRITING BY SANBAG, WHICH APPROVAL MAY BE WITHHELD IN SANBAG'S SOLE
DISCRETION. At SANBAG's option, upon the termination of this Agreement at any time and for any reason,
Licensee shall, prior to the effective date of such termination, remove and close all underground storage tanks and related
d clean up and remove all Hazardous ,Materials on, under and about the SANBAG V property, in
equipment an ents of all Environmental Laws and to the satisfaction of SANBAG and any _overnmental
accordance with the: requirements closure issued for such tanks
authorities having jurisdiction thereover,
and deliver to SANBAG a copy of a certificate of
by the appropriate governmental authority.
20. SUBORDINATE RIGHTS
This Agreement is Subject and subordinate to the prior and continuing right and obligation of
SANBAG, its successors and assigns, to use the SANBAG Property ,in the exercise oreseryf its ed and ret inpowers and ed in tunto he performance
of its duties, including those as a public transportation body. Accordingly,there is SANBAG�
right to construct, reconstruct, maintain and use existing and future rail tracks,
its successors, assigns and permittees, the ri facilities and
facilities and appurtenances and existing and future transportation, communication, pipeline and other
appurtenances in, upon, over, under, across and along tile SANBAG Property, and in connection therewith the right to
sts to the SANBAG Property on the License Property and in the vicinity of
grant and convey to others, rights and interests covenants, encumbrances,
Facility. This Agreement is subject to all licenses, leases, casements, restrictions, conditions,
liens, claims and other matters of title ("title exceptions") which may affect tile SANBAG Property now or hereafter, and
the words "grant" or"convey" as used herein shall not be construed as a covenant against tile existence of any such title
exceptions.
21. COMPLIANCE WITH LAWS
t.,icensce shall comply with all applicable federal, state and local laws, regulations, rules and
t its work on, or maintenance, inspection,
orders
testing or use of, the Facility and the SANBAG property and shall
'i
furnisil 11 satisf-actory evidence of such compliance proulpy upon request of SANIBAGSANBAG may enter the License
inspection to LicensM Liccnsce shall
of reasonable notice Of
Property to inspect the Facility at any time, upon Provision
or-liceoses required by any ven-n-nental authority for its use of the License Property and the
obtain all required pen-nits
Facility,at its sole cost and expense. I
City Aklbanla St J2RI,1)00761S
Tills
SANBAG VeVii'
tCcviwd M2304
1
r c
�v
22. CONDEMNATION 4
ed for public
}n tile event all
urot�any
erttintjsettlinthe
enttot`ccondcmproperty
natio,, proce dings) r[�icrcn5�ryct1s-isinhall YcO Ge
Ilse (including, convcyance by deed in lie
compensation (if any) only for the taking grid damage to the.assigned hyittWic Cher o SANt3AL,or dainagc 5 at out of
;ueh taking or condemnation awarded to Licensee are }
23. MARKERS
project cct markers in fern In and
t the expense of to
t,icensce.atrsu h locations
facility and its
1 e SANBAG a shall
owners,will be installed and constantly illaintainc d y to
designate. Such markers shall be relocated
l'or property u potl constitute est of SAN my by iSANBAG cofcthe absence nce of
Absence of markers in or about SANBAG ► Y
vv
subsurface installations.
24. GENERAL PROVISIONS
24.} Notices. All natives and demands which either party is rewired to or desires to give
rier service or by cel
to the other shall be made m wining by personallo tltc Basicry,by pLiceriress 6Uprovisions. Either party-tifiedmay change its addremail postat, ss
and addressed to such party at its address set forth
for the receipt of notice by giving written notice thereof to the other party in the manner herein provided. Notices shall be
effective only upon receipt by the party to whom notice or demand is given.
24.2 Non-ExcluSive Licettse. The license in-anted herein is not exclusive and SANBAG
specifically reserves the right to grant other licenses within the License Property.
24.3 Governins* Law. This Agreement shall be governed by the laws of the State of
California.
24.4 Scve_r__ability- if any term,covenant, condition or provision of this Agreement,or the
be held by a
Of
application thereof to any person or circumstance,
f the terms, co
covenantsany ,conditions, orprovisionsonsnof thiistjurisdiction to be
Agreement, or the
invalid, void or unenforceable, the remainder o
application thereof to any person or circumstance, shall remain in full force and effect and shall in iso way be affected,
impaired or invalidated thereby.
24,5 interest on Past-due Obligations. Except as expressly herein provided, any amount
he dte e by
due to SANBAG that is not paid when due shall bear interest, from
tsuchaints est shall not cxcu c or colic anyue, at the maximum rate ten dLfaulI by
law. Such interest will be due SANBAG as it accrues. Paytricn
Licensee under this Agreement,provided,however,that interest shall not he payable on late charges incurred by Licensee.
ce
in
24.6 Captions. The captions included iAgreement cornatny provisionclit are iltcreofii or on iantyt�'ay
no way define, limit, or otherwise describe the scope or Ill
o
affect the interpretation of this Agreement.
24,'7 Survival of Obli ate tons. All obligations of Licensee hereunder not fully performed
as of the expiration or earlier termination of the Term of this able Agreement tsshallwitUrViV ttt ethe expiration
p rati Pecs oar ialler tobligatians
en
of this Agreement, including without limitation, all payment
h
atioconcerning the condition of the SANBAG property and the facility.
2.4.8 Waive of Covenants or Conditions. The waiver by one party Of the performance of
any covenant or condition under this Agreement shall not invaliclate this Agreement nor shall it be considered in waiver by
t of any other covenant or condition Under this Agreement.
I
.i .„ tln s License for examination Or
24.r} t ttective ate/Nionbindn g {eft r. Submission o
iccnsc, and it is
ot
signature by Licensee see does not cobothtSA�t3lGoffer
andopL pnsce.n for l`Each individUalne uEiity ntis as a Lie c"scent cbehalfiot"
' until executed and. delivercd by
SANBAG or Licensee represents and warrants to the.tither party that he I r he is authorized to d so.
laba131'S St ii R-Ni7,k)ft,j4
tills
J.'i'B=1ti`v et"�tOEt .�
G
may be intended at any time by the Nvi-incri agreement
24,10 L,\ len_c1mellt, This Agreement i
revisions, ad discharges of this Agrcen
of SANIBAG and Licensee, All amendments, changes, nynlack of legal consideration, sotent longill whole Or in Part,
as the same shall
and from tiole to time,shall be binding upon the pat-ties despite a
be in writing and executed by I the parties llcrctO. This Agreement and the license granted herein are personal to the
1-4.11 Assignillcl her Voluntary or involuntary)this Agreement ill whole or in part, or
Licensee. Licensee shall not assign or transfer (wilct cd, without the prior written consent of
n of the
permit any other person or entity to use the rights or privileges hereby convey
SANBAG, which may be withheld in SANBAG's sole and absolute discretion., and ally attempted act in violatio
foregoing shall be void and without effect and give SANBAG the right to immediately terminate this Agreement.
In any judicial udicial or arbitration proceeding involving performance
24.12 Attorneys' FcM n
tinder this Agreement, or default or breach thereof, the Prevailing party shall be entitled to its reasonable attorney's fees
and costs.
24,13 Nondiscrimination. Licensee certifies and agrees that all persons employed thereby
and/or the affiliates, subsidiaries, or holding companies thereof and ally contractors retained thereby with respect to the
treated equally without regard to or because of race,religion,ancestry,national origin,or
License Property are and shall be ng discrimination in employment, including but not limited
sex, and in compliance with all federal and state laws prohibiti mployment
to the Civil Rights Act of 1964; the Unrull Civil Rights Act; the Cartwright Act; and the California Fair E
Practices Act. 24.14 _Further Acts. Licensee agrees to perform any further acts and to execute and deliver
in recordable form any documents wich may reasontheablyFacilitnecessary to carry out the provisions of this Agreement,
y and the license granted hcreby
including,at SANBAG's sole discretiohn,the relocabe tion o f
24.15 Termination for Public Prot. Licensee hereby expressly recognizes and agrees that
ie ttsee
which may
the License property is located of
SANBAG property that rnay be developed for public projects and programs
be implemented by SANBAG or other public agencies, such as, but loped
to: rail and and bikcways,
cts and other public uses (collectively "Project"), and that Licensee's use of the License
walkways, beautification projc to entering into this License, SANBAG
Property under this License is an interim use. Accordingly, as a condition wiedges and
terminate the License for any of such public Projea Licensee expressly ackno
expressly reserves the right to te Public project; (2) Licensee will NOT oppose any public SAN13AG
agrees that: (1) SANBAG may terminate this license for any .
Project when planned or implemented on or adjacent to the License Property; and (3) in the event SANBAG terminates
d requires Licensee to vacate the License Property for any-Public Project, Licensee(a)shall not be entitled
this License an v-nicnts under the Uniform thRelocan
to receive any relocation assistance, movina expenses, goodwill or othr pa.
as amended,e42 U.S.C.§4601 et scq. andlor e Californtioia
Assistance and Real Property Acquisition policies Act of 1970,
Relocation Assistance Law, as amended. California Government Code k7260 et seq;
rnand (b) shall not be entitled to any
compensation under the eminent dornain law,as a result of such teri-ninat I ion and vacation of the License Property.
24.16 Future Nced of License Property. If SANBAG shall at any time,or from time to
time.so require by written notice thereof to Licensee based on the need ot SANBAG,in its sole discretion,for the License
BAG,relocate or
Prop,
Property for its public purposes Licensee shall reconstruct,alter,make changes as required by SAN
remove its Facility at Licensee's sole cost and expense.
24.17 Thric of Essence. Tirne is of the essence,
24.18 No Recording. Licensee shall not record or permit to be recorded in the official
records of the county where the License Property is located,this Agreement, any rnernorandUrn of this Agreement or any
other document giving notice of the existence of this Agreement or the license granted hereby,
24.19 -Revocable.11celsc Licensee agrees that notwithstanding the improvements rriade
Property or other sums expanded by Licensee it, f
rheraneof this Agreement, the license
by Licensee to the License I P , ccordance v6th trmofthArccment�
granted herein is revocable by SANBAG in a
061 nent- Arne, -nents This Agree and the Exhibits hereto constitute
iM Entire A(Yrcei ridi
n 24�20 hereof and supersede all prior verbal or written
the entire agreement between the Parties with respect to the subject toatter It it forth herein- This Agreement may be
Parties with respect to the items se
Lurreernents and Understandings between the revisions, and
WN e. All amendments. changes,
0
0
amended at any tiim by the written acTecnlel t of SANBAG and License
tr K -03/19/0
)(W1,39 I ,
License Agrcelllelfl SANBAG Versi011
JZevised 0 12 304
. m
d
3
«
3
3
+
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s
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/
f
�2! w�a«J �v»�® 'ow �a§ma �2a+* ;at$ III Exhibit »
«
� >
e h a this re Aw»\Gny;a $herein, \
\
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+
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mmrAp e.aq v v g
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USS C..,
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w_ -
MP 7.81
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:77
(3F X,VAlZ plNO
It
SANBAG PROPERTY LINE
X
SANBAG PROPERTY LINE tr
i
REDLANDS
VD
� 106 o 100 goo
ONE 12" WATER PIPELINE
IN A 24" STEEL CASING y state feet
)9-36-06. 21
Lessee/Licensee
Branch/Line Map Reference Milepost EXHIBIT'A' CITY OF
7,81 REDLANDS
Engineers Station Community City
MTA File No.
+
Nearest Cross St. Thomas Guide Grids
San Bernardino
County SAN Associated Governments Date MLS
l BERNARDINO 472 North Arrowhead Ave. Scale 3119/2007
+ Area Use 12"WATER Legend ntntr"+MM,
San Bernardino,CA 92401-1421 1"=100'
550 SQ.FT. PIPELINE
Ethi "B—
INSURANCE
I `iSURA`CE REQLIREME
TS FOR LEASES, I.ICENSF;S, AND PERMITS
of
e contract, Insurance
ITS
Licensee. or Permittee shall Irrdama 7tocure n main
property whichtain, for 1nla}r�arise ntrotn}{ ersn tt connection
agent
against claims tc7r injuries to persons Y g ,
the use of SANBAO and NITA pro pert hereunder by the Lessee, Licensee, or
representatives, employees or subcontractors.
Mil�imwn Seo a of Insurance (Check all applicable boxes)
Coverage shall be at least as broad as:
covering Automobile Liability, code 1.
Insurance Services ()nice Commercra)�C�00011Liability
(I:�rli �7}verage (c�currence form C�`C, 0001).
Insurance Services (.office farm No.
(any auto).
Worker's Compensation insurance as required by the State of California and Employer's Liability
® -isks" of loss.
Insurance. "all i
Course of Canstrucag nst all risks oinsurace rf loss to any tenantm providing coverage
mporvements or betterments.
Property insurance }�
Insurance Services Office Railroad Protective Liability
Contractor's Pollution Liability with coverage for: person,
a. bodily injury, sickness, disease, mental anguish or shock sustained by any p' ,
including death;
b. property damage includin) physical injury to or destruction of tangible poperty including
the resulting loss of use hereof, dean-up costs, and the loss of use of tangible property
that has not been physically injured or destroyed,
C. defense, including costs, charges and expenses
7ei5 ua 1� in the investigation, adjustment or
defense of claims far such compensatory g
d,
from the operations of the contractor
losses caused by pollution conditions that arise
described under the scope of services of this contract.
Minimum Limits of Insurance (Check all applicable boxes)
Lessee, Licensee,or Permittee shall maintain limits no less than: personal injury and
General Liability: X1,000,000 per occurrence far bodily injury, aggregate limit is
property damage.
If Commercial General Labl7atell mit shall apply ote separately to this s prajcc/location or the
used, either the general aggregate >p
general a�negate limit shad be twice the required occurrence limand ra city damage.
Automobre Liability: ,`x'1,000,(10()per accident for bodily injury p p'
Employer's Liability: ,I ()()(),Ot)0 per accident for bodily injury or disease.
Course of Construction: Completed value of the project. Aggregate iron shall apply se irately
Property Insurance: Full replacement cost with no coinsurance penalty rovisian. pp Y,` .,p
Railroad Protective Liability: $S ( )limit shall betwice er occurrence*the reqired per occurrence imit
to this pi or the aggregate
[] Contractors Pollution Liability: e.l,()O(1,0()()per occurrence $�,(JU(),()()(I annum aggregate.
Deductibles and Self Insured Retentions d by SAllI3ACi and NI`f"A. 1t
Any deductibles or self-insured retentions must be declared to and approved
te
bles
lf-
ins
sha
l reduce or elimina
a
the option of S< ?�I3AG and NITA, either dem fA itsrofficlials and employees; or the nseea
�����A(-'
Permittee shall procure a band guaranteeing payment of lasses, and related in�estigat�ons, c arm
insured retentions as respects 5
�Y
administration and defense expenses.
Bea
Cit, a,alatna St
10,11Gilts
l..ice.t t 1 recn .rt
SANBN,Ver:loo
t,itl 11304
4i(U"
I'.X1Iibtf
t
other.Insurance Provisicins
The general liability and autornobile liability policies are to contain, or be endorsed to contain, the
folloENring provisions: to
}, SANBAG and M f A, its subsidiari�erformedofficials
b y or rill l yees are 1 tile Lessee.,covered
�c risce, Or fers insureds as n ittee;
liability aor
t out of activities } es
prc�dcicts and completed operations of Permittee; and tile +autc7mol�lesrc�vnedttleased hired or borr'o�veci}b}clthe
l
used by the. Lessee, Licensee,
or 1 ui
Lessee,. Licensee, or 1'ermittc C and MTA`it subsidiaries.rage all contain
offic�rats and employcesns cm the scope o
protection afforded to SA
2. Any
For any claims related to this project, the Less
I A itsicense shall be
ce. nsubsidiaries nofficials and emploe's insurance yees.
primary insurance as respects SAMBA
insurance or self-insurance maintained by
"�ANBAG and MTA, its subsidiaries, officials and
employees shall be excess of the contractor's insurance and shall not contribute with it.
of
ovision
of
3. Any failure to complv4 with reportinYo���1tor SA v B lClsand ITA, itsr subsidiariles officialsyand
warranties shall not attect coverage pi
employees. pp
4. The Lessee, Licensee, or Permittees insurance
respect to thellinn saof the in�i ter ss liability.
each insured a�ainst whom
claim is made or suit is brought, except
that coverage shall not be
5. Each insurance policy required by t Ti darty'
rts or rnldluced noco ragersed to torein 1mi lits, except after NBACi
sus ended, voided, canceled by etc Y
(30�days' prior written notice by certifie mall, return receipt requested, has been given
and MTA.
b. Workers' Compensation and Emplo}}`e and Liability
abil 1}pesi policies
as shall
additional contain
insured, oil provide iden of ha �waiver A�'�A�
and MTA, its Subsidiaries, otttoials p
subrogation.
Course of construction policies shall contain the following provisions:
l. SANBAG and MTA shall be named as loss payee.
2. The insurer shall waive all rights subrogation against SANBAG and 11TA.
Acceptability of Insurers
TA� a current A.Iv1. Best's rating of no less than A:VII, unless
Insurance is to be placed with insurers
otherwise approved by SANBAG and .
Verification of£°overs e
Lessee, Lirsei
c.ernsee, or Permittee shall furnishrequired by his clause.BAG MT1All documents are toinal besigned by a
certificates of insurance evidenninL coverage qthe Lessee, Licensee, d
authorized b that insurer to bind coverage on its behalf.s anlalti native documents are to be received and
person auth Y
approved by the SANBAG and MTA before work..commences. A
Permittee may provide complete, certified copies
pes inquired insurance policies, including endorsements
effecting the coverage required byspecifications.
Contractors anel Subcontractors ics
rs as
Lessee, Licensee, or Permittee shall inlcn��; folrc�eachccontrac ortors and ilandtsub�ontra�or.redAllneovcrader its�csiefor
"Alinistration
i or require certificates and e ndoi_e
contractors and subcontractors shall be subject o all of requirements
be subject to auditnrcvilc , l�iy SANBAG
of insurance compliance of contractors
and MTA.
Rt;d.lt:d4 3tl,.i? fI$.a:"[ix l�
nils
t.iccn c,l�;t'ecti =�t -SA\B (;`.'erkis:=s 12
RL 1sc�d()1"3{4
k
Exhibit "C"
permitted Hazardous Materials
No hazardous materials are permitted to be used or stored on License Property.
!2cdlands Civy Ajabanu st RRNDC
nfls
SANBAG
.Exhibit "D„
Additional Provisions
Licensee
ill
l, Paving and Fencing. Licensee will pave License area with asphalt or coneretc
fe ct�high ar ounci�the
construct a chain link fends{ r be bed intter tExhibit measuring Licensee rn of be responsible for the total
entire perimeter of Premix
expense of fencing and asphalt.
t Soil
ises
2. lm ortation of Soil/Fill Dirt. Licensee shall o lthiSgAgreement,upon or cunt until idrimport, Sohl has rb sen.
in conjunction with any purposes allowed un bthe test
fng
laboratory tested by a certified hazcrr�el()rr5 w(rr '�tiAdditionally any laborato oil currently extistiing on the
approved by SANBAG's Environmental Constltant
mises unless and until it is characterized as Clean Soil to the
Premises may not be. spread on the Pre
reasonable satisfaction of SANBAG's Environmental Consultant.
e an
d clear of
3, Maintenance of Premises. Licensee Fshall keep nd occupancy byrctransients/homelessepersotnsslor
vegetation, unauthorized vehicle parking„ graffiti
individuals. Licensee shall be fully responsible for ALL maintenance and maintenance that is required
or necessary in connection with Licensee's use of Premises.
ensee shall
that it and
4. Protection of Underground and Above roundndsalllldamage, allcadergroundcandr aabovegroundLicensee's Parties protect, from and against an a
installations and improvements, such as pipes, fiber optic lines and wires, which may be impacted by
any work or any use of the Premises by Licensee.
the
ses is
5. Im,r nts. Both Licensee and SANBAG acand fent ngtast may be necessary or requdired to meet
condition and any track removal, grading, paving
may be
Licensee's needs will be the sole responsibility ° ewrittensee. No appro approval. ensee�will beermanenrresponsible
constructed on the premises without SANBA prior
for the removal of all permitted improvements upon termination of License.
6. L`tilities. Licensee shall pay for any and all utilities for its benefit,security and use.
as to
7. N�'arranties. SANBAG makes no warranties any cother afacltor ty� location
causerLicensee's
eto
intended use as to zoning, visibility, traffic count or
want to License the premises.
$. Zoning or Permitting. Any permits, inspection fees, or costs associated with the use or maintenance
. Any perm
agency, deparIment, or organization, or any labor expenses for the
of the Premise by any go g y.
installation or maintenance of any permitted improvements are the Licensee's sole responsibility.
Copies of permits are to be readily available for inspection by SANBAG personnel.
9. Si na e. NO SIGNS PERMITTED on, or along the perimeter
o by the mis sunle s ss such signs were
requested and approved under your original proposal and c y
s INITIALS
SANBAG c*neva
a:
�..� ±teci'a�td City,ila`t'asra.t:';t ?i{`�)r;%6-5g`''i S`7'?"•
Agfeemet3t -SANIiA6'r ee<it;rt 14 11115
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Exhibit "D-2"
SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY(SCRRA�S
REQUIR
E
�:IE�tiTS TO BE INCINCLL,`L3ED AS "ADDITIONAL PROVISIONS
IG1-i"f-C)I -1"w;N`l'I2�' �X'I"I'II s.C.I��•i�� I onal c'1 contractor shall Authority(SCRRA) performing any
;�-1 1?..
agreement with the Southern.California Regional Izai
activity on railway corridor property.
A-2
CONTRACTOR'S INSURANCE,RANCE, I ic,ensee's contracto ,`rby SCRfZA during the entire
obtain and maintain, in full force and effect, insurancerequired.
tion eriod. The Contractor shall furnish copies of the insurance certificates to all affectedconstrue, p
operating railroads.
Licensee ust
ntact
flagging
_ INSPEC`f1ON AND FLAGGING SF,R_ '_(CFS 392-4506, torarrange for inspectconnand flaV-1
SCRRA's Maintenance of Way office at()tl9) _
days prior to beginning any of the following work;
services, a minimum of five(5) working•
Personnel will be working within 20 feet of the nearest rail
Equipment will be operating within or adjacent to the right-of-way
• undertaken on the right-of-way
• Excavation, grading, and blasting will be u
This rior notification does not guarantee the availability of protective services for the proposed
1 p
date of construction.
A-� PROTECTION OF OTHF,R LINES AND S"I'RLicenseeES
ian of any and lls Urfa or sub s rfaceaandctor
shall be responsible for the location and prose
overhead lines and structures.
A_5 MARKING OF CABLES AND CONDUITS The contractor shall call SCRRA's signal
es and conduits
municat
department(909) n case of
859- 100 to mark signal and
he contractor sshaion lllcall SORRA s 24-hour signal
signal emergencies or grade crossing problems,
emergency number: 1-888-446-9721.
T�I_ GAT AI�I�IS All overhead cables will be installed
A-6 CSI E.A_RAANC:F'I O AUTOMATIC SICf r _--
with aminimum of two (2) feet of clearance to the automatic crossing signal gate arms when int e
vertical position.
A_7 JACKING AND RECEIVING PITS The face of jacking and receiving pits shall be
at
located a mtntrnutn
of 25-feet from the centerline of the nearest track rnersd nalrgate
ight
angle to the track and shall not be located between the track and the automatic
arms.
INI'I"IAL,S
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