HomeMy WebLinkAboutContracts & Agreements_91-2013_CCv0001.pdf ORIGINAL
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Dept. Orgn. Contractor's License No.
San Bernardino County Flood Control District
093 093
Contract Representative Telephone Total Contract Amount
County of San Bernardino 1 Gerry Newcombe-Director 909 387-7906 $97,500.00
Flood Control District contract Type
M Revenue 0 Encumbered 0 Unencumbered 0 Other:
FAS
I If not encumbered or revenue contract type,provide reason:
CONTRACT TRANSMITTAL Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
5/21/2013 5/20/2063 $97,500.00
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No, Amount
RFL 093 093 8525 3800 2805
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount
Fund Dept, Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
REDLANDS-FCD FY Amount I/D FY Amount I/D
Mission-Zanja Channel $ $
Contract type 2(d) $ $
CONTRACTOR City of Redlands
Federal ID No. or Social Security No.
Contractor's Representative Fred Mousavipour, Municipal Utilities and Engineering Director
Address 35 Cajon Street Suite 15A Redlands CA 92373 Phone (909) 798 - 7698
Nature of Contract.
This license agreement is for an initial term of fifty (50) years, with three (3) ten-year options to extend the initial
term. The premises consist of 1,315 lineal feet unimproved San Bernardino County Flood Control District land for
installing, operating and maintaining one 8-inch underground sewer pipeline running parallel to San Bernardino
County Flood Control District right-of-way ("Right-of-Way") located in the Mission-Zanja Channel, on Citrus
Avenue, between Nevada Street and Iowa Street, in the City of Redlands. The Developer, Fullmer Construction,
has paid a one-time fee of$97,500 for the initial term of this License Agreement.
Approved as to Legal Form(sign in blue ink) Reviewed as to Contract Compliance Presenkp to Board for Sig re
►-SEE SIGNATURE PAGE
Counsel David N.Slaugh Services Dept.
Date Date Date
Auditor-ControllerlrreasurerlTax Collector Use Only
0 Contract Database ❑ FAS
Input Date Keyed By:I
Revised 03/22/2012
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
LICENSE AGREEMENT
LICENSEE: City of Redlands
35 Cajon Street, Suite 15A
Redlands, CA 923173
DISTRICT: San Bernardino County Flood Control District
825 East Third Street
San Bernardino, CA 92415-08')5
PREMISES: 1,315 lineal feet for installing, operating and maintaining an 8-inch
underground sewer pipeline running parallel to FCD's right-of-
way, in the City of Redlands.
TERM OF LICENSE: Fifty (50)years with three (3)ten-year options
COMMENCEMENT DATE OF LICENSE: May 21, 2013
TABLE OF CONTENTS
PARAGRAPH CAPTION PAGE
I USE 1
2 TERM 1
3 FEES 1
4 OPTION TO EXTEND TERM 2
5 ACCEPTANCE OF PREMISES 2
6 ASSIGNMENT 2
7 DISTRICT'S ACCESS TO PREMISES 3
8 MAINTENANCE/REPAIRS 3
9 RELOCATION 3
10 HAZARDOUS MATERIALS 4
11 IMPROVEMENTS 5
12 DEFAULT & RIGHT TO TERMINATE 6
13 HOLDING OVER 7
14 LICENSES AND CERTIFICATIONS 7
15 HOLD HARMLESS 7
16 INDEMNIFICATION AND INSURANCE REQUIREMENTS 7
17 TAXES, ASSESSMENTS AND LICENSES 10
18 BUILDING AND SAFETY REQUIREMENTS 10
19 GENERAL COVENANTS AND AGREEMENTS 11
20 TERMINATION 11
21 INCORPORATION OF PRIOR AGREEMENT 11
22 WAIVERS 12
23 AMENDMENTS 12
24 SUCCESSORS 12
25 PROVISIONS ARE COVENANTS AND CONDITIONS 12
26 CONSENT 12
27 EXHIBITS 12
28 LAW AND VENUE 12
29 CAPTIONS AND COVER PAGE 12
30 SEVERANCE 12
31 NOTICES 12
32 SURVIVAL 13
33 ATTORNEYS' FEES AND COSTS 13
34 FORMER COUNTY OR DISTRICT OFFICIALS 13
35 MATERIAL MISREPRESENTATION 13
36 INTERPRETATIONS 14
37 AUTHORIZED SIGNATORS 14
Exhibit "I" Permit No. P-32006118
Exhibit "2" Insurance
Exhibit "3" Hazardous Substances
Exhibit "4" List of Fortner County Officials
LICENSE AGREEMENT
This license agreement ("License") is made and entered into by and between the San
Bernardino County Flood Control District, a body politic and corporate, hereinafter called
"DISTRICT" and the City of Redlands, a municipal corporation and general law city, hereinafter
called "LICENSEE." DISTRICT and LICENSEE are sometimes individually referred to herein
as a"Party"and,together, as the"Parties."
WITNESSETH
WHEREAS, Fullmer Construction has constructed an 8-inch underground sewer
pipeline along DISTRICT's right-of-way ("Right-of-Way") adjacent to the Mission-Zarja
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Channel, under Permit No. P-32006118 issued by DISTRICT on December 12, 2006, and
attached as Exhibit"I'" and incorporated herein by reference; and
WHEREAS,DISTRICT and LICENSEE now desire to enter into a license agreement for
the use of a portion of the Right-of-Way for the pipeline constructed by Fullmer Construction;
NOW, THEREFORE, in consideration of the covenants and agreements
hereinafter contained being fully kept and performed, and in consideration of the benefits to be
derived by each Party, DISTRICT does hereby grant to LICENSEE a non-exclusive license for
all of that certain real property situated in the City of Redlands, County of San Bernardino, State
of California, said property described as 1,315 lineal feet in FCD Zone 3, for installing,
operating and maintaining an 8-inch underground sewer pipeline running parallel to DISTRICT's
Right-of-Way located adjacent to Mission-Zarja Channel, on Citrus Avenue, bounded by
Nevada Street on the west and Iowa Street on the east in the City of Redlands (the "Premises"),
as more particularly shown on Exhibit"1."
COVENANTS AND AGREEMENTS:
1. USE: DISTRICT grants this License for the Premises to LICENSEE for the purpose of
installing, operating and maintaining an 8-inch underground sewer pipeline running parallel to
the Right-of-Way for a distance of approximately 1,315 lineal feet located adjacent to Mission-
Zanja Channel, on Citrus Avenue, bounded by Nevada Street on the west and Iowa Street on the
east, in the City of Redlands (LICENSEE's "Facilities").
This License, and the rights
ghts herein granted to LICENSEE, shall be subject to the
al duties and obligations paramount legal
I
uations of DISTRICT pursuant to the San Bernardino County
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Flood Control Act of 1939 (the "Flood Control Act"), including, but not limited to, the right to
cross over and/or occupy the Premises with any and all equipment necessary in the preservation
of the Right-of-Way without liability for any damages to LICENSEE's Facilities.
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2. TERM: The initial term of this License shall be fifty (50) years duration commencing
on May 21, 2013 ("Commencement Date"), and ending on May 20, 2063 ("Initial Term").
3. FEES: LICENSEE shall not be obligated to pay any fees to DISTRICT during the initial
term in connection with the issuance of this License, Fullmer Construction, the developer of
Lie-5-7-13,doc
of City of Redlands' Parcel Map No. 16372, was conditioned to construct a sewer main and has
paid to DISTRICT a one time license fee of$97,500.00 for the Initial Term of this License.
4. OPTION TO EXTEND TERM: DISTRICT gives LICENSEE three (3) options to
extend the term of this License on the same provisions and conditions, except for the annual fee,
for ten (10) year periods ("Extended Terms") following expiration of the Initial Term, provided
that at the time of exercise of the applicable option, LICENSEE is not in default with respect to
any of the terms, covenants or conditions to be observed or performed by LICENSEE hereunder.
LICENSEE shall exercise the applicable option by giving written notice to DISTRICT at least
one (1) year, but not more than eighteen (18) months, prior to the expiration of the preceding
term. Said options shall be deemed to be independent and consecutive, with LICENSEE's right
to exercise the second of said options terminating upon LICENSEE's failure to exercise the first
option.
5. ACCEPTANCE OF PREMISES: Upon the acceptance of the possession and
occupancy of the Premises by LICENSEE, the same shall conclusively be deemed to be fit and
proper for the purposes for which the same is hereby licensed and to be used with LICENSEE's
acknowledgment, acceptance and understanding that the Premises are within a flood prone area
which could result in severe losses to LICENSEE's Facilities (including the equipment and
personnel of the LICENSEE) in the event of storms resulting in flooding. LICENSEE expressly
waives and releases DISTRICT, the County of San Bernardino ("COUNTY") and their
authorized agents, officers, volunteers and employees against any and all claims or actions for
property damage and/or personal injury and/or death arising from any flooding in and about the
Right-of-Way and for any costs or expenses incurred by DISTRICT, COUNTY and/or
LICENSEE on account of any flooding and/or claims and/or actions arising therefrom.
Notwithstanding the application of Section 1542 of the California Civil Code,this provides:
"A general release does not extend to claims which the creditor does not know or suspect
to exist in his or her favor at the time of executing the release which if known by him or her must
have materially affected his or her settlement with the debtor."
LICENSEE hereby expressly waives and relinquishes all rights and benefits afforded it by said
Section 1542, and any and all similar laws of any State or territory of the United States. This
agreement shall act as a release of future claims that may arise from the above-mentioned
flooding whether such claims are currently known, unknown, foreseen, or unforeseen.
LICENSEE understands and acknowledges the significance and consequences of such specific
waiver of Section 1542 and hereby assumes full responsibility for any injuries, damages, losses,
or liability that it or its personnel may hereafter incur from the above-mentioned flooding.
DISTRICT and LICENSEE each agree that neither this License nor the rights afforded hereunder
shall be construed or interpreted as a leasehold or an easement. LICENSEE expressly disclaims
any benefit or right arising from any such construction or interpretation.
6. ASSIGNMENT: This License shall not be assigned without the express written
approval of DISTRICT.
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7. DISTRICT'S ACCESS TO PREMISES:
A. DISTRICT, or a duly authorized representative of DISTRICT, reserves the right to
enter upon the Premises at any reasonable time for the purpose of inspecting the Premises for
conformance to this License's provisions and for carrying out any routine and emergency
maintenance or construction repair work on DISTRICT'S facilities that DISTRICT may deem
expedient, nor shall DISTRICT be liable for damages to LICENSEE's Facilities as a result
thereof,
B. DISTRICT's activities shall take precedence at all times, and when any work or
activity must be performed to carry out the functions and purposes of DISTRICT, LICENSEE
must allow same to be done without interference. DISTRICT shall give LICENSEE reasonable
written notice of impending activities whenever possible.
8. MAINTENANCE/REPAIRS:
A. DISTRICT's maintenance roads shall be available for normal and routine
maintenance of LICENSEE's Facilities by LICENSEE. Maintenance and inspection of
LICENSEE's Facilities' pipeline installation will be the responsibility of LICENSEE and regular
inspections are required as necessary to ensure the improvements are maintained in a good and
safe condition. Any damage to DISTRICT's facilities or facilities of others resulting from said
maintenance activities shall be the responsibility of LICENSEE. If LICENSEE's Facilities'
pipeline installation becomes a hazard to DISTRICT's facilities or other users of the Right-of-
Way, LICENSEE will be required to eliminate the hazard. Should maintenance activities be
required during the period October 15 to April 15, work shall be undertaken within a five (5) day
clear weather forecast. LICENSEE shall maintain or provide for flood watch when stone
conditions threaten and have personnel and equipment available on a 24-hour schedule.
LICENSEE shall notify DISTRICT in advance of its intention to make major repairs subject to
DISTRICT's inspection and fees pursuant to the current fee schedule.
B. LICENSEE shall have ten (10) business days from the creation of the need to
repair to perform its obligation to repair under this paragraph, except that LICENSEE shall
perform its obligations immediately if the nature of the problem presents a hazard, emergency or
unsafe condition. If LICENSEE does not perforin its obligations within the time limitations in
this paragraph, DISTRICT can perform the obligations and has the right to be reimbursed for the
sum it actually expends (including charges for DISTRICT's equipment and personnel) in the
performance of LICENSEE's obligations. Without in any way affecting LICENSEE's duty to
inspect, maintain and repair LICENSEE's Facilities regardless of whether any specific notice of
need for maintenance or repair is provided to LICENSEE, DISTRICT may request specific
maintenance or repairs. Any such request may be made in writing, except in the event of
emergency repair requests which may be made by telephone or otherwise.
9. RELOCATION:
A. When LICENSEE's Facilities require relocation or protection because of
DISTRICT's construction, the work shall be performed by LICENSEE at its expense and
whenever possible in advance of DISTRICT's work. DISTRICT will provide reasonable advance
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notice and an alternate location with respect to any relocation of facilities required under this
section.
B. Portions of LICENSEE's Facilities, less than one thousand (1,000) feet in length,
may be subject to relocation within the Right-of-Way if DISTRICT properly determines that the
Premises are needed for a higher and better use in order to carry out DISTRICT's legal duties and
obligations pursuant to the Flood Control Act. The cost of any relocation shall be at
LICENSEE's sole expense.
C. DISTRICT has fee title to the Right-of-Way. DISTRICT reserves the right to
allow other uses of the Right-of-Way. These additional uses may require relocation or protection
of existing facilities owned by LICENSEE. The cost of the relocation or protective work shall be
the responsibility of the new applicant except as noted in subparagraph B, above. DISTRICT
shall give LICENSEE prior written notice of any contemplated new uses of the Premises, receive
and consider LICENSEE's comments thereto, and to coordinate any new uses with LICENSEE.
10. HAZARDOUS MATERIALS:
A. Definition. For purposes of this License, the term "Hazardous Substance" means
any(a) substance, product, waste or other material of any nature whatsoever which is or becomes
listed, regulated, or addressed pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. Section 9601, et seq. ("CERCLA"); the Hazardous
Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and
Recovery Act, 42 U.S.C. Section 6901 et seg. ("RCRA"); Toxic Substances Control Act, 15
U.S.C. Sections 2601 et seq.; the Clean Water Act, 33 U.S.C. Sections 1251 et seq.; the
California Hazardous Waste Control Act, Health and Safety Code Sections 25100 et seq.; the
California Hazardous Substance Account Act, Health and Safety Code Sections 25330 et seq.;
the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Sections
25249.5 et sea•; California Health and Safety Code Sections 25280 et seq. (Underground Storage
of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety
Code Sections 25170.1 et seq.; California Health and Safety Code Sections 25501 et seq.
(Hazardous Materials Response Plans and Inventory); or the California Porter-Cologne Water
Quality Control Act, Water Code Sections 1300 et seq., all as amended, (the above-cited
California state statutes are hereinafter collectively referred to as "the State Toxic Substances
Laws") or any other federal, state or local statute, law, ordinance, resolution, code, rule,
regulation, order or decree regulating, relating to, or imposing liability or standards of conduct
concerning any hazardous, toxic or dangerous waste, substance or material, as now or at any time
hereafter in effect, (b) any substance.
, product, waste or other material of any nature whatsoever
which may give rise to liability under any of the above statutes or under any statutory or common
law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any
reported decisions of a state or federal court, (c) petroleum or crude oil other than petroleum and
petroleum products contained within regularly operated motor vehicles, and(d)asbestos.
B. In connection with this License of the Premises, (a) LICENSEE agrees and
acknowledges that it has had an opportunity to investigate the Right-of-Way, Premises and their
environs for the presence of any Hazardous Substance; (b) any and all reports, studies, analyses,
estimates, maps
drawings, materials, etc. delivered by DISTRICT to LICENSEE preceding
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execution of this License are delivered to LICENSEE as an accommodation and not with the
intent that such items be relied upon by LICENSEE, except to the extent that LICENSEE has
independently confirmed the validity of such items; and (c) LICENSEE's decision to enter into
this License is based upon the investigation, study and analysis of the Right-of-Way, Premises
and their environs made by LICENSEE or its agents and/or independent contractors, and not
upon oral or written statements or representations of DISTRICT. It is expressly understood by
LICENSEE and DISTRICT that all statements and representations made by DISTRICT which are
not included in this agreement (a) are intended by DISTRICT to be made as an accommodation to
LICENSEE in LICENSEE's investigation and not in lieu of LICENSEE's investigation; and (b)
are not to be relied and acted upon by LICENSEE.
C. LICENSEE shall not permit, authorize, or suffer at any time herein relevant the
presence, use, manufacture, handling.
, generation, storage, treatment, discharge, release, burial or
disposal on, under or about the Right-of-Way and/or Premises of any Hazardous Substance, or
the transportation to or from the Right-of-Way and/or Premises of any Hazardous Substance
except as set forth in Exhibit "2."
D. LICENSEE agrees, in addition to those obligations imposed upon it pursuant to
Paragraph 16, INDEMNIFICATION AND INSURANCE REQUIREMENTS, herein, to
indemnify, defend, protect and herein hold harmless DISTRICT, its directors, officers,
employees, agents, assigns, and any successor or successors to DISTRICT's interest in the Right-
of-Way as it relates to Hazardous Substances as defined in subparagraph A, from and against all
claims, actual damages (including but not limited to special and consequential damages), punitive
damages, injuries, costs, response costs, losses, demands, debts, liens, liabilities, causes of action,
suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses of any
kind whatsoever paid, incurred or suffered by, or asserted against, the Right-of-Way or any
indemnified party directly or indirectly, including attorneys' fees, arising from or attributable to
(a) any breach by the LICENSEE of any of its agreements, warranties or representations set forth
in this License, or(b) any repair, cleanup or detoxification, or preparation and implementation of
any removal, remedial, response, closure or other plan concerning any Hazardous Substance on,
under or about the Right-of-Way caused by LICENSEE's use of the Premises, regardless of
whether undertaken due to governmental action. To the fullest extent permitted by law, the
foregoing indemnification shall apply regardless of the existence or degree of fault, active or
passive negligence,breach of warranty or contract of DISTRICT.
E. Without limiting the generality of this indemnity, this indemnity is intended to
operate as an agreement pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section 9607(e) and
California Health and Safety Code Section 25364 to insure, protect, hold harmless and indemnify
DISTRICT for any liability arising out of LICENSEE's use of the Premises pursuant to such
sections.
11. IMPROVEMENTS: All improvements to the Premises that are directly related to the
1,315 lineal feet of unimproved DISTRICT land for installing, operating and maintaining an 8-
inch underground sewer pipeline running parallel to the Right-of-Way, in the City of Redlands
shall remain the property of LICENSEE. Upon termination of this License or any extension or
renewal hereof, and the faithful performance of each and all of the terms, covenants and
conditions thereof, LICENSEE shall have the right to remove improvements directly related to
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the 8-inch underground sewer pipeline running parallel to the Right-of-Way, and shall have a
period of six (6) months, after such termination, within which to complete the removal of these
items. Upon such termination, if LICENSEE does not elect to exercise such night, DISTRICT
shall either require LICENSEE, at LICENSEE's expense, to remove all such items, or elect to
retake possession of the Premises together with all such items which shall thereupon become the
property of DISTRICT.
12. DEFAULT AND RIGHT TO TERMINATE:
A. If there should be any default in payment by LICENSEE of the fee provided
herein, DISTRICT shall give LICENSEE written notice of such default. This License shall not
be terminated if within ten (10) business days after receipt of such written notice LICENSEE
shall cure the default or breach.
B. If LICENSEE should fail to perform, keep or observe any of the terms, conditions
or covenants as set forth in this License, other than payment of fees as provided hereinabove,
DISTRICT shall give LICENSEE written notice to correct such condition or cure such default.
1. This License shall not be terminated if within thirty (30) days after receipt
of such written notice, LICENSEE shall cure the condition or default.
2. If such condition or default should continue for thirty (30) days after
receipt of written notice of default, DISTRICT may at its option elect to terminate this License.
Such election to terminate shall not be construed as a waiver of any claim DISTRICT may have
against LICENSEE, consistent with such termination.
3. If, however, LICENSEE shall have commenced the elimination of such
default within thirty (30) days after receipt of such notice and shall continuously and diligently
proceed in good faith to eliminate such default, then the period for correction shall be extended
for such length of time as is reasonably necessary to complete such correction.
C. If, however, in the sole discretion of DISTRICT, the problem represents a hazard
or emergency, LICENSEE shall perform its obligations immediately. If LICENSEE fails to
perform its obligations immediately, DISTRICT may perform the obligations and have the right
to be reimbursed for the sum it actually expends (including charges for DISTRICT's equipment
and personnel) in the performance of LICENSEE's obligations.
D. Upon any termination of this License, LICENSEE covenants and agrees to
surrender and to forfeit this License, and deliver up the Premises peaceably to DISTRICT
immediately upon any such termination. If LICENSEE shall remain in possession of said
Premises after any termination of this License, LICENSEE shall be deemed guilty of an unlawful
detention of the Premises and shall be subject to eviction and removal, forcibly or otherwise, at
any time thereafter, with or without process of law. In the event of the failure of LICENSEE to
remove personal property, machinery or fixtures, if any, belonging to it from the Premises
immediately upon any termination of this License, DISTRICT may remove such personal
property and place the same in storage at the expense of LICENSEE and without liability to
DISTRICT for loss thereof. LICENSEE agrees to pay DISTRICT on demand all expenses
incurred in such removal, including court costs and attorneys' fees and storage charges; or
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DISTRICT may at its option, without notice, sell all or any part of said personal property at
public or private sale for such prices as DISTRICT may obtain, and apply the proceeds of such
sale upon any amounts due under this License from LICENSEE and to any expense incidental to
the removal and sale of said personal property, with the surplus, if any, being refunded to
LICENSEE.
E. The receipt by DISTRICT of any fees or of any other sum of money paid by
LICENSEE after any default, termination or forfeiture of this License for any reason, or after the
giving by DISTRICT of any notice to effect such termination, shall not waive the default,
reinstate, continue or extend the term of this License, or destroy, or in any manner impair the
efficacy of any such notice of termination as may have been given hereunder by DISTRICT to the
LICENSEE prior to the receipt of any such sum of money or other consideration, unless so
agreed to be in writing and signed by DISTRICT. Any act of DISTRICT or its agents or
employees during the term of this License shall not be deemed to be an acceptance of a surrender
of said Premises, excepting an agreement in writing signed by DISTRICT agreeing to accept such
surrender.
13. HOLDING OVER: In the event LICENSEE shall hold over and continue to occupy the
Premises with the consent of DISTRICT, expressed or implied, after the expiration of the term or
after any termination of this License prior to the expiration of the term, LICENSEE shall be
deemed to be using the Premises from month-to-month upon the same terms and conditions of
this License, except the fee, which shall then be calculated as follows: LICENSEE has opted to
pay the Present Value of the License fee ($97,500) in a lump sum, in an amount equal to a
monthly fee of $376.00, calculated over 50 years at 4%. During any holdover, a monthly fee
shall be charged which shall be one hundred fifty percent (150%) of the equivalent $376.00
monthly fee, or $564.00 per month.
14. LICENSES AND CERTIFICATIONS: LICENSEE agrees that it will acquire and
maintain those certifications, licenses, approvals and permits required by any Federal, State or
local jurisdiction or authority for carrying out the purpose of this License. Failure to comply with
this provision will constitute a default and right to terminate by DISTRICT under Paragraph 12,
DEFAULT AND RIGHT TO TERMINATE, of this License.
15. HOLD HARMLESS: LICENSEE agrees to indemnify, defend (with counsel
reasonably approved by DISTRICT) and hold harmless the DISTRICT, the COUNTY and its
authorized officers, employees, agents and volunteers from any and all claims, actions, losses,
damages, and/or liability arising out of the use under this License from any cause whatsoever,
including the acts, errors or omissions of any person and for any costs or expenses incurred by
DISTRICT and the COUNTY on account of any claim except where such indemnification is
prohibited by law. This indemnification provision shall apply regardless of the existence or
degree of fault of indemnitees. LICENSEE's indemnification obligation applies to DISTRICT's
or the COUNTY's "active" as well as "passive" negligence but does not apply to DISTRICT's or
the COUNTY's "sole negligence" or "willful misconduct" within the meaning of Civil Code
Section 2782.
16. INDEMNIFICATION AND INSURANCE REQUIREMENTS:
A. DISTRICT is a public entity and is self-insured.
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B. LICENSEE agrees to provide insurance set forth in accordance with the
requirements herein. If LICENSEE uses existing coverage to comply with these requirements
and that coverage does not meet the specified requirements, LICENSEE agrees to amend,
supplement or endorse the existing coverage to do so. The type(s) of insurance required is
determined by the scope of this License.
Without in anyway affecting the indemnity herein provided and in addition
thereto, LICENSEE shall secure and maintain throughout the contract term the following types of
insurance with limits as shown:
1. Workers' Compensation/Employers Liability — A program of Workers'
Compensation insurance or a state-approved, self-insurance program in an amount and form to
meet all applicable requirements of the Labor Code of the State of California, including
Employer's Liability with $250,000 limits covering all persons including volunteers providing
services on behalf of the LICENSEE and all risks to such persons under this License.
2. Commercial/General Liability Insurance —LICENSEE shall carry General
Liability Insurance covering all operations performed by or on behalf of LICENSEE providing
coverage for bodily injury and property damage with a combined single limit of not less than
million dollars ($2,000,000), per occurrence.
If LICENSEE is transporting one or more non-employee passengers in the use of this
License, the automobile liability policy shall have a combined single limit of two million dollars
(52,000,000) for bodily injury and property damage per occurrence.
If LICENSEE owns no autos, a non-owned auto endorsement to the General Liability
policy described above is acceptable.
3. Environmental Liability Insurance — This insurance shall have a combined
single limit of not less than One Million Dollars ($1,000,000) per occurrence. The required
additional insured endorsement shall protect DISTRICT and COUNTY without any restrictions.
4. Umbrella Liability Insurance - An umbrella (over primary) or excess policy
may be used to comply with limits or other primary coverage requirements. When used, the
umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury
and shall include a "dropdown" provision providing primary coverage for any liability not
covered by the primary policy. The coverage shall also apply to automobile liability.
5. Additional Insured — All policies, except for the Workers' Compensation,
shall contain endorsements naming DISTRICT, COUNTY and their officers, employees, agents
and volunteers as additional insureds with respect to liabilities arising out of the use under this
License hereunder. The additional insured endorsements shall not limit the scope of coverage for
DISTRICT or COUNTY to vicarious liability but shall allow coverage for DISTRICT and
COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at
least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
6. Waiver of Subrogation Rights — LICENSEE shall require the carriers of
required coverages to waive all rights of subrogation against DISTRICT or COUNTY, their
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officers, employees, agents, volunteers, contractors and subcontractors. All general or auto
liability insurance coverage provided shall not prohibit LICENSEE and LICENSEE's employees
or agents from waiving the right of subrogation prior to a loss or claim. LICENSEE hereby
waives all rights of subrogation against DISTRICT and COUNTY.
7. Policies Primary and Non-Contributory — All policies required herein are
to be primary and non-contributory with any insurance or self-insurance programs carried or
administered by DISTRICT or COUNTY.
8. Severability of Interests —LICENSEE agrees to ensure that coverage
provided to meet these requirements is applicable separately to each insured and there will be no
cross liability exclusions that preclude coverage for suits between LICENSEE and DISTRICT or
COUNTY or between DISTRICT or COUNTY and any other insured or additional insured under
the policy.
9. Proof of Coverage —LICENSEE shall furnish Certificates of Insurance to
the San Bernardino Real Estate Services Department (RESD) administering this License
evidencing the insurance coverage, including endorsements, as required, prior to the
commencement of performance of services hereunder, which certificates shall provide that such
insurance shall not be terminated or expire without thirty (30) days written notice to RESD, and
LICENSEE shall maintain such insurance from the time LICENSEE commences use under
License hereunder until the end of the term of this License. Within fifteen (15) days of the
commencement of this License, LICENSEE shall furnish a copy of the Declaration page for all
applicable policies and will provide complete certified copies of the policies and endorsements
immediately upon request.
10. Acceptability of Insurance Carrier — Unless otherwise approved by the
COUNTY Department of Risk Management, insurance shall be written by insurers authorized to
do business in the State of California and with a minimum "Best" Insurance Guide rating of"A-
VII".
11. Deductibles and Self-Insured Retention - Any and all deductibles or self-
insured retentions in excess of $10,000 shall be declared to and approved by the COUNTY
Department of Risk Management.
12. Insurance Review — Insurance requirements are subject to periodic review
by DISTRICT or COUNTY. The COUNTY's Director of Risk Management or designee is
authorized, but not required, to reduce, waive or suspend any insurance requirements whenever
COUNTY's Department of Risk Management determines that any of the required insurance is
not available, is unreasonably priced, or is not needed to protect the interests of DISTRICT. In
addition, if COUNTY's Department of Risk Management determines that heretofore
unreasonably priced or unavailable types of insurance coverage or coverage limits become
reasonably priced or available, COUNTY's Director of Risk Management or designee is
authorized, but not required, to change the above insurance requirements to require additional
types of insurance coverage or higher coverage limits, provided that any such change is
reasonable in light of past claims against DISTRICT or COUNTY, inflation, or any other item
reasonably related to DISTRICT's or COUNTY's risk,
9
A. Any change requiring additional types of insurance coverage or higher coverage
limits must be made by amendment to this License. LICENSEE agrees to execute any such
amendment within thirty(30) days of receipt.
B. Any failure, actual or alleged, on the part of RESD, the DISTRICT or COUNTY
to monitor or enforce compliance with any of the insurance and indemnification requirements
will not be deemed as a waiver of any rights on the part of RESD, the DISTRICT or COUNTY.
C. Failure to Procure Insurance. All insurance required must be maintained in force at
all times by LICENSEE. Failure to maintain said insurance, due to expiration, cancellation, etc.,
shall be cause for DISTRICT to give notice to immediately suspend all LICENSEE's business
activities. Failure to reinstate said insurance within the (10) days of notice to do so shall be cause
for termination and for forfeiture of this agreement, and/or DISTRICT, at its discretion, may
procure or renew such insurance and pay any and all premiums in connection therewith, and all
monies so paid by DISTRICT shall be repaid by LICENSEE to DISTRICT upon demand but only
for the pro rata period of non-compliance.
D. DISTRICT shall have no liability for any premiums charged for such coverage(s).
The inclusion of DISTRICT as additional named insured is not intended to and shall not make a
partner or joint venturer with LICENSEE in LICENSEE's operations.
E. LICENSEE agrees to require all parties or subcontractors, or others it hires or
contracts with related to the use of this License and/or LICENSEE's Facilities' pipeline
installation, to provide insurance covering such use and pipeline installation operations with the
basic requirements in paragraph 16.13 (including waiver of subrogation rights) and naming the
DISTRICT and COUNTY as additional insureds. LICENSEE agrees to monitor and review all
such coverage and assumes all responsibility for ensuring that such coverage is provided as
required herein.
17. TAXES, ASSESSMENTS AND LICENSES: LICENSEE shall pay before delinquency
any and all property taxes, assessments, fees, or charges, including possessory interest taxes,
which may be levied or assessed upon any personal property, improvements or fixtures, if any,
installed or belonging to LICENSEE and located within the Premises. LICENSEE shall also pay
all license or permit fees necessary or required by law for the conduct of its operation and/or in
accordance with Section 107 of the California Revenue and Taxation Code. LICENSEE
recognizes and understands that this License may create a possessory interest subject to property
taxation and that LICENSEE may be subject to the payment of property taxes levied on such
interest, unless the Parties otherwise agree in writing prior to the start of construction or pipeline
installation.
18. BUILDING AND SAFETY REQUIREMENTS: All activities under this License must
conform to all applicable rules, regulations, laws, ordinances, codes, statutes or orders of any
governmental authority, Federal, State or local lawfully exercising authority over LICENSEE's
operations. In the event that LICENSEE's use of the Premises conflicts in any way, or is in
violation of any of said rules, regulations, ordinances, statutes or orders, LICENSEE shall remove
or modify the pipeline installation to conform with the applicable regulations within thirty (30)
days of receipt of written notice to do so from DISTRICT. DISTRICT's determination of
conflicting use shall be conclusive.
10
19. GENERAL COVENANTS AND AGREEMENTS:
A. At any time during the life of this License, DISTRICT may revise, modify, or add
provisions to this License as may be required to meet DISTRICT's obligations for water
conservation and flood control purposes so long as any revisions or modifications do not
substantially interfere with LICENSEE's use of the Premises.
B. LICENSEE agrees not to use said Premises, or any part thereof, for any purpose
which causes injury to any neighboring property, nor for any purpose in violation of valid
applicable laws or ordinances.
C. No political signs shall be permitted on the Right-of-Way.
D. Uses granted to LICENSEE under this License are valid only to the extent of
DISTRICT's existing rights and may be subject to other existing easements and encumbrances.
Rights granted to LICENSEE are not exclusive.
E. Activities under this License are subject to any instructions of the Flood Control
Engineer or its representative.
F. If LICENSEE should refuse or neglect to comply with the provisions of this
License, or the orders of DISTRICT, DISTRICT may have such provisions or orders carried out
by others at the expense of LICENSEE. All the terms, covenants and conditions set forth herein
are to be strictly complied with by LICENSEE. Any failure to comply therewith shall be grounds
for immediate cancellation of the License.
G. This License is valid only to the extent of DISTRICT jurisdiction. Permits
required by other interested agencies shall be the responsibility of LICENSEE. NOTHING
CONTAINED IN THIS LICENSE SHALL BE CONSTRUED AS A RELINQUISHMENT OF
ANY RIGHTS NOW HELD BY DISTRICT.
20. TERMINATION: Either Party may terminate this License at any time by giving the
other Party written notice of termination pursuant to this paragraph at least ninety(90) days prior
to the date of termination. The notice shall contain reason or reasons based on just cause.
LICENSEE shall perform all necessary removals pursuant to Paragraph 11, IMPROVEMENTS,
or relocations within said six (6) months, as applicable.
If this License is terminated, DISTRICT shall refund to LICENSEE, on a prorated basis,
the value of the unused portion of the License.
21. INCORPORATION OF PRIOR AGREEMENT: This License contains all of the
agreements of the Parties with respect to any matter covered or mentioned in this License, and no
prior agreement or understanding pertaining to any such matter shall be effective for any purpose.
22. WAIVERS: No waiver by either Party of any provisions of this License shall be deemed
to be a waiver of any other provision hereof or of any subsequent breach by either Party of the
same or any other provisions.
23. AMENDMENTS: No provision of this License may be amended or added to except by
an agreement in writing signed by the Parties or their respective successors in interest, expressing
by its terms an intention to modify this License.
24. SUCCESSORS: This License shall inure to the benefit of and be binding upon the
successors and assigns of the Parties.
25. PROVISIONS ARE COVENANTS AND CONDITIONS: All provisions, whether
covenants or conditions, on the part of either Party shall be deemed to be both covenants and
conditions.
26. CONSENT: Whenever consent or approval of either Party is required that Party shall not
unreasonably withhold such consent or approval.
27. EXHIBITS: All exhibits referred to are attached to this License and incorporated herein
by reference.
28. LAW AND VENUE: This License shall be construed and interpreted in accordance with
the laws of the State of California. The Parties acknowledge and agree that this License was
entered into and intended to be performed in San Bernardino County, California. The Parties
agree that the venue for any action or claim brought by any Party to this License will be the
Superior Court of California, County of San Bernardino, San Bernardino District. Each Party
hereby waives any law, statue (including but not limited to Code of Civil Procedure section 394),
or rule of court that would allow them to request or demand a change of venue. If any action of
claim concerning this License is brought by any third party, the Parties agree to use their best
efforts to obtain a change of venue to the Superior Court of California, County of San
Bernardino, San Bernardino District.
29. CAPTIONS AND COVER PAGE: The paragraph captions and the cover or transmittal
page of this License shall have no effect on its interpretations.
30. SEVERANCE: If any provision of this License is determined to be void by any court of
competent jurisdiction, then such determination shall not affect any other provision of this
License, and all such other provisions shall remain in full force and effect provided, however,
that the purpose of this License is not frustrated. It is the intention of the Parties that if any
provision of this License is capable of two constructions, one of which would render the
provision void and the other of which would render the provision valid, then the provision shall
have the meaning which renders it valid.
31. NOTICES: Any notice, demand, request, consent, approval, or communication that
either Party desires or is required to give to the other Party, or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail except as provided in Paragraph 8.,
MAINTENANCE,REPAIRS. Any such notice, demand, request, consent, approval, or
communication that either party desires or is required to give to the other party shall be addressed
to the other party at the address set forth below. Either Party may change its address by promptly
notifying the other Party of the change of address. Notice shall be deemed communicated two (2)
working days from the time of mailing if mailed as provided in this paragraph.
12
DISTRICT's address: San Bernardino Co. Flood Control District
Attention: Flood Control Engineer
825 East Third Street
San Bernardino, Ca 92415-0835
LICENSEE's address: Municipal Utilities and Engineering Department, Director
City of Redlands
35 Cajon Street, Suite 15A
Redlands, CA 92372
32. SURVIVAL: The obligations of the Parties which, by their nature, continue beyond the
term of this License, will survive the termination of this License.
33. ATTORNEYS' FEES AND COSTS: If any action is instituted to enforce or declare any
Party's rights hereunder, each Party, including the prevailing Party, must bear its own costs and
attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising
from any third party legal action against a Party and payable under Paragraph 16.C,
INDEMNIFICATION AND INSURANCE REQUIREMENTS or costs and attorneys' fees under
Paragraphs I LD and E.
34. FORMER COUNTY OR DISTRICT OFFICIALS: LICENSEE agrees to provide or
has already provided information on former San Bernardino County (COUNTY) or DISTRICT
administrative officials (as defined below) who are employed by or represent LICENSEE. The
information provided includes a list of former COUNTY or DISTRICT administrative officials
who terminated COUNTY or DISTRICT employment within the last five years and who are now
officers, principals, partners, associates or members of the business. The information should also
include the employment and/or representative capacity and the dates these individuals began
employment with or representation of your business. For purposes of this provision, "COUNTY
or DISTRICT administrative official" is defined as a member of the Board of Supervisors or such
member's staff, COUNTY or DISTRICT Administrative Officer or member of such officer's
staff, COUNTY or DISTRICT department or group head, assistant department or group head, or
any employee in the Exempt Group, Management Unit or Safety Management Unit. (See Exhibit
"Y", List of Former County or District Officials.)
35. MATERIAL MISREPRESENTATION: If during the course of the administration of
this License, DISTRICT determines that LICENSEE has made a material misstatement or
misrepresentation or that materially inaccurate information has been provided to DISTRICT, this
License may be immediately terminated. If this License is terminated according to this provision,
DISTRICT is entitled to pursue any available legal remedies.
36. INTERPRETATIONS: As this License was jointly prepared by the Parties, the
language in all parts of this License shall be construed, in all cases, according to its fair meaning,
and not for or against either Party.
13
37. AUTHORIZED SIGNATORS: The Parties to this License represent that the signators
executing this document are fully authorized to enter into this License.
SAN BERNARDINO COUNTY LICENSEE: CITY OF REDLANDS
FLOOD CONTROL DISTRI T
By: aMt.�`�- dle�R By:
Janice Rfltherford, Chair Pete Agui r, Mayor
Board oPSupervisors
Date: " Attest:
Sam Irwin, City Jerk
-
SIGNED A �, AT
A COPY • _ HAS
BEEN D
CHAIRi
LAURA r tq�
Board of S i6pi�'!
. S AM �f:
By:
Date:
5t ��
APPROVED AS TO LEGAL FORM:
Jean-Rene Basle, County Counsel
San Bernardino County, California
By:
Robert Messinger, Deputy
Date: 7- 3
14
Exhibit "1" Permit No. P-32006118
EXHIMT"J"
San Bernardino County Flood Control District
:
Exhibit "1" Permit No. P-32006118—continued
SPECIAL PROVISIONS
1 Prior to the 8-inch se.ler fine becoming operational,the City of Redlands Municipal Utilitios
Department and the District shall enter into a license, agreement for the operation of the 8-
inch se-wer fine within District right-of-way-
STANDARD PROVISIONS
ll. The term of this permit is for one year. The District will coordinate an extension(s)to the
permit term upon receipt of a completed Flood Control Permit Amendment Application at
least thirty days poor to the expiration date.
2- No revisions to the approved plans shall be made during construction without review,
written approval andior permit amendment from the District,
I No floatable materials or stockpiling shall be maintained in the channel area. and
equipment shall be kept out of the channel except when in use during working hours. '
4- The existing access gates -shalt be locked after hours and on weekends by interlocking
Permiftoe's lock with the District's look to allow District access.
5. The proposed activity within District right-of-way shall be in compliance with all City
ordinances for noise and operating hours,
6. All applicable fees required for this pormitshall be in accordance with the District's current
Schadute of Fees Ordinance in effect on the first day of the ninth in which the required
fee is due.
7. All existing asphalt or concrato surfacing removed for the installation of the 8-inch sewer line
shall be sawcut at the removal limits, Any settlement in the future shall be maintained by the
Permittee.
8- Backfif in all are-as having flood control facilities shall be similar to the existing material and
shall not contain organic material, broken concrete or pavement, or other material unsuitable
for compaction, All backfill shall be compacted to at least ninety percent (W.%) relative
density as determined by ASTM lost Method D-1557, Method G and certified evidence
thereof submitted. Compaction tests shalt be performed at locations specified and to the
satisfaction of the District,
9. All construction and material testing for facilities constructed within District right-of-way will he
performed by the Permittee and;or Perr'nittee's authorized agent and certified evidence
t
thereof shall be furnished to the District at the Permittea's expense.
10-The Penriffee will subrurt"Record Drawings"at the linin of the final inspection_
t1-No raore than one-third(t'3i of any flood control facility may be obstructed during the period
Cictober 15 to Apni 15, nor more than hvo-thirds(213)of any facility may be obstructed during
the remaining period. The term "obstruction" shall indLido all to or permanent
structures, falsework, exr-mated material, and equipment connected with the construction,
For the purpose of computing the area of an obstruction,dimensions shall be taken normal to
the&annel flow of the actual physical outline of the obstruction-
Pago 2 C4 6
Am- .
j5:,s
16
Exhibit "I" Permit No. P-32006118—continued
12.Concrete for rock inlet and outlet structu res, bottorn controls, splash pad and other proposed
structures shall be S60-B or C-3250, All concrete shall conform to Section 201-1 of the
Standard Specification for Public Works Construction, tatest edition, unless Otherwise
specified in this permit.
13.Concrete mix designs shall be. submitted to the District for roAe,,#,F and approval at least 72
hours prior to concrete placement within District right-of-way,
14.All reinforcing steel shalt conform to the requirements of ASTM A-615 and shall be Grade 60.
15.The 8-inch sewer line shall be adequately marked with above ground markers per District's
S-P. 204, attached herewith as Exhibit "13', at intervals determined in the field by the
District.
16-A modified concrete apron, attached hereviith as Exhibit "C", shall be required around all
above ground structures,
17.prier to starting any activity authorized by this permit, the Permittee shall provide to the
District written confirmation frorn the City of Redlands Municipal Utilities Department
accepting full responsibility for the maintenance and operation of the 8-inch sewer line
upon completion and acceptance of the construction.
GENERAL PROVISIONS
I- exarcise of this permit, by permittee or Perfrittoo's autilo-rized agent, shall indicate accWance of afl&the
provisicm of tiis p wrnit, Permittee shall make apt oowacAoes 40ing,'oork on thws pro,--ct tajmF"vqah all of
the reclidrernents of this pormit- Violalicn of any vavisions of tNiz permi, st-tal be cause for immediate,
revocation of 12*'�o partnit-
2, LAt4Qz- xa
,�- This pr shall not teaccle V-Wid until the Cert'irto of Imuran ce has been compfectod by
your contractor's irStIrame company and apfarovet!by the Pfcod Contrc4 Dtslct If the pemitt actwity is to bo
completed by Pe-frritteias.fiotoes, the COW-scale cif Insurance, sharl te completod by Permittee-s imuranre
company and approved by the Flood Control District.
3, The PerniFittee Shat indemnify and held Me District and all officers, ernpfoyees and agents of said publif-,bc(ff
free and formless from, any atA every claim, derrar=d or achon (,-v lama s, or injury to any person or
per use or property of ary kind vihatscevv,and any cost of expcna,irk cot4i lora tfvre-Mt h,arm agrees to
defend ti-e Flocd Control Distrct,the County of San Bernardino,ario all oificers,employees and agents of
said public body against any dairns or dem ands M-Ach may arise cut of or result from Perrnitt--F-I,&
construc—fion,eperat or.irsa or activitems cn District ript-cf-way,
1
4. A copy of this permA infill be sent t--the State Ceparifient of Fish and C-ama,vAic may re- rimaa petmit for
tris type of aciiily. it tq triq res3p")V-Sibililly of f-he Perrnt;ei--to obtal—,arty roquirce per rnits and arprovats prior
tai startirq any actuily autonzed ir,the permil- State Daoanioent 0 c:ish and Ciarn--4 may be coma a,trc
address befyclu.
Department of Fivn and eras.,
negion 6,EnArf,-4irnentat Setv?u;s
4365 Lampson Avenue,Suite J
Los Alamitos,CA 9072,01
(562'14C-0-7212
A cm °eh{e x c-c tu ted copy of the S t i!e Do pal rz in,:,.rt ct Fish and Came re r r,,rt shaki m kept at IF perm it site
at all times vjhi.�wurk is beirg perc.,-mc-J, F&fmizteo zoial rriake all contraefors dbing,work on this project
familiar wieh aM of tho resuit err ors of tfii,4-8tata Cor-partrienT of F h and Camp:peand-
F-age 3&
17
Exhibit "1" Permit No. P-32006118—continued
5u Prior to begarning any acliv°ihy a- whorized in this pomni4,mo Piorin e ir,�Vv. Permit: 's auihor d age—'it,
shall notify Undo-ground Service Alert(USA) at t PBOO-e422-413,3 at least 48 hours in advan to coordinate
the permit activity ter,Disttict
Ga in accepting this per-14. the Permittee agrut..s to root_lce ary exist-ing irrrprover ents'P. h may iWu(W bL
rcpt be knited to aces road pavement, ithg t"On opeiir s, cfian link fencing and landscaping wit'll-
acceptable products.it,3tallcd to size,lifle arc!graulp as the eyisfrrd laroducts removed and as approved by
L-h2 tfrt_
7. Work done in the absence of a e-=_�ritod in= e,--Tj.cn alae be required to bia rer o ted arm replaced under ttrd
Proper;;isper'ficn,the-ont>rrr Inst of rerrcval and replacement,inckiding the cost of 0 materials u d in the
work thus remc+iod;shall be borno by the`or':i,toe,regarotess of nttc:tt--r the a k removed is found t€a be
def tine or rc a Work m—ve-e f tip without tt-autncrity of the[Yst.ict, st air upon order of tate Digit, be
uncovered to the ex`0r4 required gu Me Pefri-ttee shall tear Me ort re cwt of parlorming ail thk work and
furnishing all the equipment and materials O c:osslary for the rcmoval and s;bseguent replacement of trio
crowing,as dirre-#td by'fthe D wtric'.
a. Shor d installation or maintenance acti,rxres bel required ciLhitcg the peri-,d October 15 to April 15.m3rk strait
be undertaken wilhin a 5-day clear weather foreoast. Pertnittee shall maintain n and p(ovide for a flood match
rrt n s
Aorni cenW-Jos ttir Alen, and have potbohoel and equipment available on a 24-hour s-Ine-du any
pr tde the District r i',tt too name and af;oou
r-hrs phc.ne numbers of responsible supemism persr_�tr 1.
Any survey monuments which will to distu od cr dcwoy."d snail be located;re`wrenced and a confer reGorr
filed with the County Stir-jor prior to the staft of ec,+nstruch n, The morrdr"eats shall to rpt in a sullface Off
the new construrlion, with a suitable mordrrert box placed theroon, cr :yet with permanent rw;riess
monuments, A comer record shall be Eled mitt-:the County Survoyor for reset of n otuments,aria evidence
submitted prior to finalueng 'tie permit. A3 work sha3 be parfoh.-ad under rhe air on of a Roansed L-Ind
surveyor or reg r civil Phi, at f i��x�ri r t e f Grie K fir.ce
40, Access to the District's le-ve-es,cram-els,.and patrol roads:iia l r ma,,n open and free to vehiculiar traffic at all
t<tr*s. Xterra e aCeoSa, to Lir, faCi(F*if:* SM11 1 bo {rovl �f nh rt existing access is severed of sir J,
Perrin must prurient tate punfic or LihajIhorized perscn5 from entering me constfuction area or We
District's right-of-v ay.
tt. The Permittee shall porlorm at Pafmitt es own expense, alln�Irj-dirt surtfeyrq and engineering
necessary to contref constrticf.o.�to Lmits dofined at ttp-Plans and Exf.ait 'A. The riu'ru survey 1119
and ar ineerina wili w�-c dorr>red to tt?e District's sat®zfaction,
12. Permittoo shall,at all times,exercise prcper dust control and dist abxernent.
13. At any fine during the He of this perms t,the District ri y rev so,modify,or add provisions to this Permit a
may to retired to meet tate flooded central,w-atria ocriserrat;on and safety respoosibilihes of ttre District.
14. T=ha locafion of aoy tirrnporary c tstrijeli n roa-c vat's or ramps which the Permittee may wish to build rthir
Di s t right-df-oily Shall L subject to tta approval os the>slr5cL Roaes shit„lir*rionstnicted so as to yeast:
out during arty appreciable ffc4vs:
1 - Tri permit is valid or,,Py to trio extent of tre Flrx l Control District':Virisdicton. Permas or other apprytals
required by other cognizant agencies or undo 1irg frill ovelers of easement Caries stiff be the
responsibility of th- Penmit oe. Nothing contained n tNs permit shall t con tr l d as a relinquishment of ariy
ruts now heid by lfF Poi'Control Lnstnct,
1i3. if the Perm:WA3 shWd refuse or nes l t to conipy with to prf:Ms xF=.cf f le p€inn the alders of ti°e
District,We District way have sueh prwtsiors or orders carred out Ly others at the e : erg of the Peres e:,
17. 11 fife permirme,fair to cr ,ply with any ctiigawn contairetC fief earl,Permineebe liable to tura District for
any adrmr sfratma- expe s arra attorney's foe- i,carr c-t{ in r,.bt rlitr g corrin.ince with this permit and any
sutcF expenses and fees incurred in^rocas ing any ac+ice'for darria�es or 6r ar_4l other rervF-adi pefrrtined
LY 4M.
1 - No tart oi the acfrot s authorized urdr this:permal sha3 to a-c epiod iri p trios. At Y+britt'.witlri District
04t- -i y naris:be completed prcr to District a{W,ootarv^ t trnpr ve eras tuition:District right-of-way.
4o_c
3li€a
18
Exhibit "I" Permit No. P-32006118—continued
19- At the ocamplotior of the oxisvuctirn a-t;'Aies, j-ie area Shat,' be Cl acted graded and ckessed to i-ii
satisfaction of It"'ri 11-tixcl' A joint 4-isoeCOcn(PermittootDiGzrcr)s�nsi,ba rvale to Oet-srrnlle ilf the-work ha u
been completed in ac-cordarice vilith permit reqjircmonts.
This pearml it is valid orty fox,the purrxoso pl xificx:f hereun, Al proposed chanr
jesi sha-4 be submitted,in viritim,,
District r t v and appfova.'.
21. Act fitles urtdor this Permit are subject to z-iny iri,,sjrurvors c4 the FICCA Commol Engiriel or h4s
representative. ALL NST RUCTIONS MUST BE STRICTLY CBSERVED,
22, Distnct activillas sha!f take prQceadonce at all timnes ano,whan any wbtk or ac-,tn,,ity must be perform-W to r,&,rj
out the fu :toms and purposes of thea Disznicl.Permi:tee lnusz aHrAv same to be without interference,
23, Amy damage caul o to fachties or.structures by roas,n,of the-oxercise of thora Permit shell be repa iror,
at ttW Cost Of file PermiW'e-In Che satisfaction of the Disinct. Perrlritte will be bilfed for the actual cost to the
District should Perm tee maglect to make such repairs pro r.pt ty,
24- Any District right.,l:;f-may cruor urnents that are rernoved, dislurbed, c,'Ceslrot,,ad as a result oil activity urmler
permit Wil be replaccd by t1lie .**n t. Perntfee vAF1 be btl.4,0 and agrMs to irrl,,vedlintely pay al costs of such
replacement,
25. Unless Vhermse specified heroin, Leis pormal is siobjeco, to all prior permits, agreements, easemonts,
pdwnges or other ria I n this r of "'t Ge
ghts, whether recorded or tmi'acof,_�cd, in the area ,pP_,cJIe a-i hi pe MA P rn
sbal make nis cv.-n irf angernor'Jwith hooders at such prior f igt',ts,
26� T he penniredactvitics shall L-a in ac,"irdance wft'T
a. The San 8ernardirio Coixitj Departrment of Public Works, Transportat-4in and Flood Contr-ul
Standard Specificatior-_-, available at the Depa;-Lmant of Pub6c Woekus. 925 E_ Mrd Street, Sao
E-emardioo,California;and
b. am ap visions th
�piiicatio provisions of I e *Ccrisiruct"or, aria Safely Owlets" issued by the State Diivisibn cit
Industriai Safety and 'Mant-of, of Accidert Ptover-Alim in Cra-,struction' issued- by the Associwed
Ger era;Corlractms,Inc,
27, All woA assocaled with 111-Ae aobrtos azjthc�ized urder this pe rr^it shall conform with all Ca&-r—NSHA
requirement& Prior to ary shanng activity, the- Re—mittee en, I'Llt-thec-'s auMorized agent Snail sdtxmit
shoring parrs,sufined andapproved by t gs er d= r in cr anocopies of requi(ad pannus_
43. It shall be the rosponsiblity of Vio Permits-, and,,-,r the Porrnut:ca's authorized agent to insure ,-,)at all
Perw"iell Performing v.0fif autnorzed Lr#jer tiis per-rit aria aceqqtmleh�trained and have approprialle satity
gear and equipment b�fcre entering,any coffired space,
29 The IF"arrinitlee shall rcmply wit's the Clistnect's Slomwaller Orim.-in 31588 anal ail appiiiNajonal
Pollulant Diisortarge Rmiraucr,System(NFDES)require rrients to redlice,or eismirate Iscifullicnof Wormwater
discharges into wat-ors al the United Sla.'e-s- In :his regard, the Permitlee shah utilize Fest managernent
prat to in the operation arbf storicji,, of equvroont, machinery, fuel-,, et---to pfevient any pollutants frewn
being ckscharged into any storm draJi am"rr channal sysstafr,�. In addition,pollutants f--r,'A?6nq
gancirated as a result of Er',a WlietY 3uthcrUCA by this pe.rni' shall rot 1:41 disr-turged into the hirliniag—
System-
30- Should 'rure aciivitJes fit tf-va Corps of ErVmeers an(Vor the DtFAricl &o recturee, the Permuttee shall, at
Perrnittee's expense,rets cate ail—_ary part of troe s,,jU!ec-4 wceks,as so requi,,ed_
31 The District will consider tine vxtens!ons to tho,perrmt up:n receipt of a wri-non request ftom the Pernnitiee
Viirty da-rs prior to expiration.
32- Tie area dslumeo by permitted aclv1lcala shA be kept to minimurn, and shall be limited to that area
- ially boung work ed.
19
Exhibit "1" Permit No. P-32006118—continued
33. No nuisance shalt be allowed on any Of t#iii rare i-eS arta the e i-ni aeYee haft exercise di ige ee it
precluding any dumping operali ns in the area by patrofi ng or barriers to deter ii aril snrizc
access err Me Lift" lig'>arra not vupe,.-e sed_
34. Any unauthorized structure or porticos thereof place- or, District right-of-way or which aliect Djs,lrii t
structures,must to reamoved by parrnitt€sv veithr`azit cost to the Distr it.
35. Violation of any p r inion contaitned thercin' Without written co€t;enl of the Distinct- sf all be r,E:use for
immediate ravocation of this permit after wo-4on notice TO turf Perrrratt Of any uio(3tOII riot rorriedied
within tf iqy days fc-Haviing said wralon notice.
3,3. Upon cancelfatior, or re ocaticin of this perm=t, for .any cause, whatoc aver. Permittee shalt immociltely.
cease all a nviti,,5 authorized hereurder,shad restore District right-of-ovay,vtrictares and facil tins to the
Satisfaction t�f the Cit <rict, and shall vacate via ssttict's per uses St—,tad Permittee neglect to rector£
the premises„ structures and facfl ties to a 1-011(kition to trio District, the Distrrt V1,11 p+:r`errn
such work and Permittee zac;rees to re-imburse IN--Dri ttivt for a actual costs of work perforated.
37. 'If the permit to rrn is ex'erded, an annuail inrpoeticr:fee shall be due ea is year on.it%e anr-zraer"ry date of
the permit. The annual irspcct rr fee 01111 be.ea=sed;;n tfty Cii.-,rist's currer-I Sckedule of rees Oresrar�v
in effect on tFe annivorsar da!e of the: tar t.
38. It is ex os-sly undefst od tfa, the ;area in olv uncer tfus parmit is subject 10 inundation from storrn,
flood andiior conservation tows at airy time, and tKat the District sh,0 riot, in any xray, be obligated to
afford protection against said Hovis,or to a s rme any cost for c an—sagr:s_ The Dfstrict reservos tl r-rt t«
disrert az;/storm or flo ad flows upon any€and un;der this per*rit any tithe,and no diversion of surh shall tie
trade by tare permittee m1horst the Consent of the Distal.
3..-9_ AD concrete shall conform ta Sector 201-11 of the Standard Spocifir31ion for Public Works G ristruc i rl,
fatest edition, ur fess--therwise spEIo:-�Fd in this permit. Curing ccrnnour�d Shall conform to the prvvisior s iit
Section 2�t-4.1 of the Standard Spccifdrt.s
ab for public Works Construction, latest e+d4iion,Ty 1-6--ar cr
translucent with red fugi ive dye.
40. If applicable,the Permit;ea Mall pio-AAI a whosil shake*or Other aporrAe d device at the entrance of the job
site to minbrize debn5 track out on public slrea -
41, Tr* lrerrirt hee shall comp!y win ali prc p;S--inn of Pute 403-Fugitive Desi of South Cbast Air Qivalirr
Management ent Distr ct_42. The perm,t activities ailowed under Oz-PO", it Irony require tate P rrnittee to use a pre-emergeril riit#rin
District right-of-way it=order to control the etre-th of vfeeds, The D-=strict currant y s SnS the foltcnving pre-
emergent
re.e mergent for this purpose. Dirty 4t. q,4 7 g#&'a-rre,simax e,4i e 5 gfs`acre,landmark 0 4-5 ortacre.
The necessity to use thin ora similar type of p,re-er~iergent shall l at the d5i5cretion of the Distriv's
inspector, and the t}ape and method of use Of the pre-C-Mergen',shall be submitted by trta Perrnit'ee for
reYiew and approval by the Dist rias ins actor prior tot e.
43. Tr*Dist6ct's&-;beck to Of Fees Orainartcc is subject to change by the Cour4y Board of Su iry rs, The
Board f<�, Ily t:crisi er5 chatgos in the SCtiedule of Fees Crrdinar e ta,tube off t at t t rr ng itis;tc&,
fiscal year (July 1). Shoutd9 trio borrow fee rate be adiu ted at any time dura the Ste of this pe,•m:t in
accordar e with changes to the Sche ,,ik-, of Fee=t Ordinance, ,he PeTmiftee shall have the rg it to
c itinue soil rewoval hayed on the rnew rate cr request canceFaaflon of their permit pr to tie efts tive
da=te OF the"w rata- Upon cancel ation,the Permittee shaf be rr spons:,bIs for res=toring the work area To
the Batista trcrr of the tri #ret enter to vacating Dns' .ct ri int—of—way— The District shall not be tosporsible
for any impact fd contractual ob=igatior-s the Pon-n ttoo may have with, any mites as a resuit of re isi,"ns to
the Districts S,^.i'odule of Sues Ord nance.
es21s
')0
EXHIBIT "2" - INSURANCE
LICENSEE COMPLETE THIS FOWNI AND ATTACH A CERTIFIED COPY OF ALL
INSURANCE POLICIES AND ENDORSEMENTS.
LICENSEE:
PREMISES:
TERM:
PRIMARY INSURANCE POLICY:
Name of Licensee's Insurance Company
Effective Dates of Policy
Claims Made Policy Per Occurrence Policy
Limits of Liability
Deductibles:
Per Occurrence
Annual Aggregate
Additional Insured Endorsement Attached Yes No
Certified Copy of Policy Attached Yes No
EXCESS/UMBRELLA POLICY
Name of Licensee's Insurance Company
Effective Dates
Limits of Liability
Underlying Coverage Limits
Name of Underlying Company
Additional Insured Endorsement Attached Yes No
Certified Policy(Copy of)Attached Yes No
NOTE: If there are any questions concerning the required insurance, LICENSE contact the County
Risk Management Office at(909) 386-8622.
21
EXHIBIT "3" - HAZARDOUS SUBSTANCES ALLOWED ON THE PROPERTY
22
EXHIBIT "4" - LIST OF FORMER COUNTY OFFICIALS
INSTRUCTIONS: List the full name of the former COUNTY Administrative Official, the
title/description of the Official's last position with the COUNTY, the date the Official
terminated COUNTY employment, the Official's current employment and/or
representative capacity with the PARTIES, the date the Official entered PARTIES's
employment and/or representation.
OFFICIAL'S NAME: REQUIRED INFORMATION
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