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HomeMy WebLinkAboutDeeds & Easements-7-1996E_CCv0001.pdf Recorded in Official Records, County of San ++ Bernardino, Errol J. Mackzum, Recorder 94, X! Doc No . 19960247563 Recording Requested by 1 1 : 5 am 07/12/96 and when recorded Mail to: City Clerk 205 20026124 02 11 City of Redlands 2 P. O. Box 3005 P FEE APF € c T ADD KNI Redlands, CA 92373-1505 -No-NST SN SVY CIT-CO TRANS TAX DA VIRG EkA DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS THIS DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS is made as of the 5th day of March 1996 , by San Bernardino County Central Credit Union("Credit Union") and the City of Redlands, California, a municipal corporation ("City"). RECITALS A. The Credit Union is the owner of that certain real property made up of two parcels ("Property") located in the City of Redlands, County of San Bernardino, State of California, more particularly described in EXHIBIT "A", attached hereto, and by this reference made a part hereof, which real property is hereinafter called the "Center" (as defined in Section 1.1). The property comprising the Center is delineated on the site plan attached hereto as EXHIBIT "B" (the "Site Plan") which exhibits are by this reference made a part hereof. B. The Center is named Tri-City Center West and is comprised of Parcels 1 and 2 which Parcels are more particularly described in EXHIBIT "A" and are delineated on the EXHIBIT "B". C. The Credit Union is the owner in fee of both parcels which consist of the Center. D. The Credit Union hereby desires to subject each and every portion of the Center to the covenants, conditions and restrictions hereinafter set forth, and to establish the appurtenant easements hereinafter described, pursuant to a general plan of improvement, protection, maintenance and development of the Center as an integrated retail shopping center for the mutual benefit of all such property and of the owners of any and all portions thereof and their respective heirs, successors, assigns, grantees, mortgagees, tenants and subtenants. E. The City joins in execution of this Declaration solely for the purpose of evidencing its right granted pursuant to paragraph 10.3 hereof and has no other rights, obligations, duties or liability under this Agreement." _ 1 _ F. The Credit Union does hereby establish the covenants, conditions and restrictions hereinafter set forth, and grant the easements hereinafter described, and agree as follows: Section 1. Definitions As used herein, the following terms shall have the following meanings: 1.1 "Building Area(s)" means those areas within the boundary lines of the Center depicted as Building Area on any Plan and includes any drive-through areas or loading and unloading docks and ramps serving said Building Areas as depicted on any Plan. 1.2 "Building Area Temporary Improvements" means lawn, landscaping or asphalt paving which shall be of a type and grade and compatible with the Common Area Improvements constructed or to be constructed on the Common Area pursuant to Section 6.1. 1.3 "Common Area" means those areas within the Center to be used in common, and includes all area within the Center other than those portions of Building Areas upon which buildings are to be erected. 1.4 "Common Area Improvements" means all roadways, sidewalks, parking sites and stalls, and utility improvements, (except "Utility Lines" as hereinafter defined) grading, surfacing, lighting, striping, planters, fences, walls, vaults, manholes, meters, pipelines, valves, hydrants, sprinkler controls, conduits, sewage facilities, landscaping, trash receptacles and sidewalks and any and all other improvements which may from time to time be installed, constructed or located on the Common Area with the consent of the Credit Union, and all replacements, rearrangements and reconstruction thereof. 1.5 "Common Area Maintenance" means the maintenance, operation, repair, replacement and management of all Common Areas and Common Area Improvements including, without limitation, the following: (a) Maintenance of all surface areas and sidewalks in a level, smooth, and evenly covered manner with the type of surfacing material originally installed, or with substitute material of equal quality, appearance, and durability. (b) Removal of all papers, debris, filth, and refuse from the Center, and washing or thoroughly sweeping paved areas as required. (c) Maintenance within the Center of such appropriate parking area entrance, exit and directional signs, markers, and lights in the Center as reasonably required and in accordance with the practices prevailing in the operation of retail shopping centers in Southern California. - 2 - (d) Cleaning and repairing all lighting fixtures of the Center (as contrasted with those appurtenant to the Building Areas), including revamping as required. (e) Repainting of striping, markers, directional signs, etc., as necessary to maintain the same in first-class condition. (f) Maintenance of landscaping as necessary to keep in first-class condition (including watering, weeding, and fertilizing) and to provide the general effect contemplated by these improvements. For example, trees and shrubbery shall be properly pruned or otherwise controlled to prevent any condition of overgrowth. (g) Cleaning and repairing all signs of the Center (as contrasted with those of the Building Areas) including relamping as required. (h) Removal from the Common Areas of any obstructions not permitted including prohibited sales or displays of merchandise outside the exterior limits of improved Building Areas within the Center, except in areas specifically designated within the Center for such purposes as provided in Subsection 4.1(h). (i) Payment of all electrical, water, and other utility charges or fees for services furnished to the Common Areas. Owner shall remove all graffiti from building and perimeter walls. 0) Maintenance of Common Area Utility Lines or a system which is to be used in whole or part to provide service for common or commercial facilities erected, constructed, or installed on the Center. (k) Maintaining public liability insurance on the Common Area as provided in Section 7.2 hereof. (1) Maintenance of any perimeter walls in good condition and state of repair. (in) Providing all other functions deemed necessary by Operator for the proper maintenance, upkeep and operation of the Common Area, Common Area Improvements and other portions of the Center as herein specified. 1.6 "Common Area Utility Lines" means all sewers, sewer mains, leach lines, septic tanks and distribution boxes, water lines, gas mains, electrical power lines, telephone lines, other utility lines, and all appurtenant fixtures and structures for the use or operation thereof within the boundaries of the Center Common Area not owned by a public or quasi-public utility which are used in common with other buildings within the Center. The term "Building Utility Lines" means all Common Area Utility Lines within five (5) feet of any building served by such Common Area Utility Lines, and that portion of any utility line(s) extending from the building to - 3 - the junction of the Common Area Utility Lines, and that portion of any utility line(s) extending from the building to the junction of the Common Area Utility Lines serving other buildings within the Center or that portion of any utility line(s) extending from the building to a perimeter boundary of the Center. 1.7 "Mortgagee" means to be construed to include beneficiaries and trustees under deeds of trust. 1.8 "Occupant" means any person or entity from time to time entitled under any lease or sublease to the use and occupancy of any portion of the Building Area on any Parcel within the Center. 1.9 ""Operator" means San Bernardino County Central Credit Union and its successors, assigns or appointed representatives. 1.10 "Owner" means the individual, partnership, firm, association, corporation or other entity then holding record fee title to any Parcel within the Center. 1.11 "Center" means the real property described in EXHIBIT "A" hereto within the boundary delineated on the Parcel Map and shall consist of Parcels I and 2. 1.12 "Site" means any portion of the Center which is, at any given time, held under a single ownership. Section 2. Use in General 2.1 Use as a Center. The Center shall be used only for uses permitted by the Credit Union, in its sole discretion. 2.2 Building Area; Common Area. For the purpose of this Declaration, the Center is divided into two categories relating to use as "Building Area" and "Common Area". Section 3. Building Area 3.1 Building within Building Areas. The construction, establishment and maintenance of buildings, improvements and other structures upon the Center shall be confined within the lines of Building Areas permitted and approved by Credit Union and in compliance with all applicable building codes, rules, regulation and ordinances. 3.2 Completion of Construction. After commencement of construction of any building, Common Area Improvements or other structure or improvements on any suite, the Owner of such Site shall diligently prosecute the work thereon to completion subject to delays beyond the reasonable control of the Owner, financial inability excluded. All Building Areas under construction shall be fenced or otherwise barricaded and such construction shall not - 4 - interfere with other Center construction, operation or functions and shall not impede any right to ingress or egress. 3.3 Maintenance of Improvements. The exteriors (being defined to include windows and drive-through areas, if any) of any building, improvements or structure and the Building Area shall be kept, to the satisfaction of the Operator, in good condition, repair, clean and free from rubbish and weeds by the Owner of the Site upon which such Building Area, building, structure or improvement is located. If the Owner of said Site does not maintain the aforementioned portions of the Center as specified in this Section, the Operator, after providing said Owner with at least sixty (60) days prior written notice, shall have the right to undertake and complete such repair and/or maintenance, at the sole cost and expense of the Owner, of the Site on which such repair and/or maintenance is performed. 3.4 Damage to Improvements. In the event of any damage to, or destruction of, any building, improvement or structure, whether interior or exterior, or both, the Owner of the parcel on which such building, structure or improvement is located shall promptly commence and diligently prosecute completion of such repair or restoration as is necessary to restore the building, structure or improvement so damaged or destroyed to its former condition, and until such repair or reconstruction is completed shall cause the Building Area under construction to be fenced or otherwise barricaded and such area maintained in a safe and hazard free condition. In the event any such Owner determines not to rebuild or repair any building, structure or improvement so damaged or destroyed, such building shall be promptly razed, the Site graded and that portion of the Building Area on such Owner's Site shall be improved with Building Area Temporary Improvements as required by Operator at such Owner's sole cost and expense and shall be maintained by the Owner or Operator. Section 4. Common Area 4.1 Use of Common Area. Common Area(s) shall provide for and shall be limited to the following: (a) The unimpeded and unhindered parking of passenger vehicles (in areas designated as parking areas) and pedestrian and vehicular traffic, for all persons or other entities who may own or hold portions of real property within the Center or any leasehold estate, or any security interest therein, or building space thereon, the respective heirs, executors, administrators, successors, assigns, grantees, mortgagees, tenants and subtenants thereof, and the officers, directors, concessionaires, agents, employees, customers, visitors, and other licensees and invitees of any of them; (b) The unimpeded and unhindered ingress and egress of any of the persons or entities designated in Subsection 4.1(a) above including vehicles to and from any portion of the Common Area and the public streets adjacent to the Common Area; - 5 - (c) The unimpeded and unhindered pedestrian and vehicular movement by the persons designated above in Subsection (a) of this Section 4.1 to and from adjacent streets and between retail and commercial businesses, professional establishments and Occupants located or to be located within said Building Area; (d) Subject to the provisions of Section 3.2 hereof, to applicable laws and regulations and to the conditions precedent hereinafter described, the construction, maintenance, repair, replacement and reconstruction of signs and other exterior advertising media shall be approved by the Credit Union. No additional signs (including sign pylons or towers, but excluding signs permitted or covered by Section 3.2), media advertising visible from outside any Building Area shall be erected or placed on the Center without the consent of the Credit Union first obtained in writing, but nothing herein shall be construed to require the Credit Union to consent to the erection of such signs, advertising media on any parcel, such consent being within the sole discretion of the Credit Union. Any sign, or advertising media to which require the consent of the Credit Union shall also require the consent or approval of the Credit Union as to the location, size, height, design, color and other dimensions thereof, to be evidenced by endorsement on the plans for such signs or advertising media. All signage shall comply with the City of Redlands Sign Code. (e) The unimpeded and unhindered ingress and egress of delivery and service trucks and vehicles to and from the rear of the Building Area or any portion thereof and the public streets adjacent to the Center, for the delivery of goods, wares, merchandise and the rendition of services to all persons or other entities who may own or hold an interest in any Building Area or any leasehold estate, or any security interest therein, or building space thereof, and the respective heirs, executors, administrators, successors, assigns, grantees, mortgages, tenants and subtenants thereof, and the officers, directors, concessionaires, agents, employees, customers, visitors and other licensees and invitees of any of them, (f) Parking for automobiles of the employees of Occupants of any Building Area, (g) Subject to the foregoing provisions of this Section, the provision of other facilities such as mail boxes, public telephones and benches for the comfort and convenience of customers, visitors, invitees, licensees and patrons of mercantile, business and professional establishments and Occupants located or to be located upon the Building Area or any portion thereof, as the Credit Union and its respective successors, assigns or grantees may, from time to time, deem appropriate. (h) Subject to the foregoing provisions of this Section, the construction, maintenance, repair, replacement and reconstruction of any mail or landscaped area, including planters, planting boxes, edges, decorative walls and sprinklers and valves, all as may be required by competent local authority. (i) All trash enclosure area(s) are nonexclusive and are to be used in common. The Operator shall have the right to delegate, contract or subcontract out trash removal - 6 - services. Such duties shall include but not be limited to; (a) Installation of trash receptacles; and (b) removal of all papers, debris, filth and refuse from the trash enclosure area(s); and, (c) washing, steam cleaning or thoroughly sweeping the trash enclosure area(s) as required. 4.2 Additional Uses of Common Areas. Notwithstanding the foregoing, portions of the Common Area adjacent to a particular Building Area may be used for; (a) The installation, removal, replacement, repair, use and maintenance of fire hose connections, downspouts, hose bibbs, standpipes, yard or floodlights, subsurface building foundations, and such signs or shadow boxes of building Occupants as may be attached to or from an integral part of a building at any time situated upon any portion of the Building Area; (b) Provided it would not prevent a reasonable flow of vehicular traffic, the construction, repair, reconstruction, and operation of trash enclosures and/or trash bins adjacent and to the rear of the Buildings to be serviced thereby on the Building Areas of Parcels I and 2. (c) The outward opening of doors of buildings located on contiguous Building Area which open outward; (d) The temporary erection of ladders, scaffolding and store front barricades during periods of construction, reconstruction, remodeling or repair of buildings and building appurtenances, upon the condition, however, that such construction, reconstruction, remodeling or repair is diligently performed and subsequent to such performance, such ladders, scaffolding and barricades are thereupon promptly removed. Section 5. Common Area Easements 5.1 Reciprocal Easements. The easements hereinafter granted shall be reciprocal and in each instance shall run for the period of the duration of the effectiveness of this Declaration as providtl for in this Section hereinbelow set forth and shall be appurtenant to each designated parcel of the grantee of such easement and in each instance shall be nonexclusive and for the use and benefit, in common with grantor and others, of such grantee, its heirs, executors, administrators, successors, assigns, grantees, Mortgagees, tenants and subtenants thereof, and the officers, directors, concessionaires, agents, employees, customers, visitors, and other licensees and invitees of any of them. 5.2 Easements for the Benefit of Parcel 2. The Credit Union hereby grants an easement appurtenant to Parcel 2, for the purposes and with the restrictions stated in this Declaration and as specifically set forth in Section 4 hereof, over, across, upon, in under and through the Common Area of Parcel 1. - 7 - 5.3 Easements for the Benefit of Parcel 1. The Credit Union hereby grants an easement appurtenant to Parcel 1, for the purposes and with the restrictions stated in this Declaration and as specifically set forth in Section 4 hereto, over, across, upon, in under and through the Common Area of Parcel 2. 5.4 Nonexclusive Easements for Parking, Pedestrians and Vehicles. The Credit Union hereby grants to each Parcel and to any Occupant of any Building Area within the Center, the following reciprocal easements: (a) Nonexclusive easements appurtenant to grantee's property for the purpose of parking vehicles of grantee and grantor, their tenants, subtenants, concessionaires, customers, licensees and invitees limited, however, for purposes connected with or incidental to any such uses then being made of any portion of grantor's property by grantor. The foregoing parking area easements are easements on each and all of the one or more portions of the Center property as is or as improved by any party from time to time for the parking or accommodation of vehicles. (b) Nonexclusive easements appurtenant to grantee's property for the purpose of pedestrian traffic of grantee and grantor, their customers, invitees, licensees, tenants, subtenants and concessionaires limited, however, for purposes connected with or incidental to any such uses then being made of grantor's property by grantor. The foregoing Common Area easements are easements on each and all of the one or more portions of the Center property as is or as improved or available for general use and the convenience of tenants of the Center and concessionaires, employees and customers of the Center as such portions are available and designated for these purposes. (c) Nonexclusive easements appurtenant to grantee's property for the purpose of furnishing access and the right of access (i) between grantee's property and the public streets, and any parking areas situated within the Center property, (ii) between the public streets and parking areas, and (iii) between grantee's and grantor's property, including any and all buildings, structures and improvements from time to time located on or in grantor's property. (d) Nonexclusive easements appurtenant to grantee's property for the purpose of Common Area Utility Lines, subject to the provisions of Section 6.7 hereof. Section 6. Common Area IMprovements and Building Utility Line. 6.1 Construction of Common Area Improvements. Prior to the occupancy of any building erected upon any portion of any Building Area, the Owners of the Parcel upon which the building shall construct or cause to be constructed Common Area Improvements on all the Common Areas as required and approved by Credit Union. 6.2 Construction of Sidewalks and Parking Areas. All sidewalks within the Center shall be of concrete construction. All areas for vehicular use shall be paved with a suitable base - 8 - and surfaced with a bituminous or asphaltic wearing surface, provided that the Owner of any Building Area, at its option, may pave portions of the Common Area to the rear of the Building Area with concrete. 6.3 TeMWLM Storage of Construction Material and Eguipment. Subject to the limitations and restrictions herein provided and with the consent of the Credit Union during the course of any initial or subsequent construction or any reconstruction of any buildings which may hereafter be constructed upon the Building Area, portions of the Common Area immediately adjacent to such Building Area may be used by the Owner thereof for the temporary storage of construction materials and equipment used and to be used in connection therewith, provided that such use thereof does not unreasonably interfere with the normal use of any Common Area or Common Area Improvements on the Center. 6.4 No Fences. Except during the course of construction, no fence, division, rail or obstruction of any type or kind shall ever be kept, placed, permitted or maintained between (i) the properties of any Owners of any portions of the Center, (ii) between any subsequent divisions of the Center, or (iii) upon or along any of the common property lines of any Occupant of the Center. 6.5 No Changes in Common Areas. Those areas designated as Common Area by the Credit Union shall not be altered without the prior written consent of the Credit Union which consent may be withheld at its sole discretion. 6.6 Use of Building Area. The improvement and/or use of any portion of the Building Area for parking or service shall not be construed as an inclusion thereof within the Common Area as herein defined, and such portions may, at any time thereafter, be improved with buildings and appurtenances as herein provided. 6.7 Maintenance of Building Utility Lines. The Owner of the parcel served by any Building Utility Lines shall install, repair, maintain and remove such Building Utility Lines at its sole cost and expense. The location, size, depth and tie-in of Building Utility Lines with the Common Area Utility Lines shall be subject to the prior written approval of the Credit Union. The Owner or any Occupant of the Building Area located on any parcel on which Common Area Utility Lines are located may, at its sole cost and expense, relocate on such parcel such Common Area Utility Lines after at least thirty (30) calendar days prior written notice delivered to Operator and to the Owner of the other parcel or parcels served by such Building Utility Lines, if any, provided that: (a) any such relocation shall not be performed except in the case of emergency: (i) until at least fourteen (14) calendar days prior written notice to the Operator and (ii) during business hours, and (b) such relocation shall not diminish or unduly interrupt utility service for the parcel served by such Common Area Utility Lines and shall not reduce or impair the usefulness or function of any such Common Area Utility Lines. Any Owner or Occupant who has exercised any of the rights provided for in this Section shall, within thirty (30) calendar days after completion of any work performed pursuant hereto, furnish the Operator a survey - 9 - prepared by a surveyor duly licensed by the State of California showing the new location of such Common Area Utility Lines. Section 7. Common Area Operation and Maintenance 7.1 Operator Responsible for Common Area Maintenance. Commencing on that day on which the first building constructed on Parcel I and 2 shall open for business and subject to the terms and conditions hereinafter set forth, the Operator shall be responsible for and perform all Common Area Maintenance. The Operator shall have the right to delegate, contract or subcontract out some or all of its duties hereunder. 7.2 Public Liability Insurance. As a part of the Common Area Maintenance, the Operator shall obtain and maintain general public liability insurance insuring the Operator and all persons or entities who may own or hold portions of the Center or building space within the Center or any leasehold estate or other substantial interest therein as their respective interests may appear (including, without limitation, any Mortgagee on all or any portion of the Center), provided that the Operator is notified in writing of such interest, against claims for personal injury, death or property damage occurring in, upon or about the Common Area, including contractual liability. Such insurance shall be written with a financially responsible insurer licensed to do business in the State of California, which shall have a rating of A-X or better in Best's Key Rating Guide, and shall contain an endorsement requiring thirty (30) days written notice from the insurance carrier to any named insured before cancellation or change in coverage, scope or amount of policy. The limits of liability of all such insurance shall not be less than Two Million Dollars ($2,000,000.00) single liability limit for both personal injury and property damage. If the limits of such insurance become inadequate due to the changes in the overall price level or the size of claims being experienced, the Operator shall negotiate in good faith new limits based on industry practices. Upon request of any person having an insurable interest hereunder, the Operator shall cause to be issued property certificates of insurance evidencing the insurance required to be maintained hereunder. Upon request of any Owner or Mortgagee, the Operator shall cause such Owner or Mortgagee to be an additional named insured on the policy or policies required to be maintained hereunder. 7.3 Minimize Expenses. The Operator shall expend only such amounts reasonably necessary for Common Area Maintenance in order to keep the Common Area in good repair and clean condition and shall operate the same on a non-profit basis. 7.4 (a) Annual Budget. The Operator shall, prior to the start of each calendar year, prepare a proposed budget for the costs and expenses of operation and maintenance., including a management fee of fifteen percent (15%) of such costs for the next calendar year. The Common Area expenses shall not include any charges for accounting and administration expenses incurred by the Operator, which expenses shall be covered under the Operator's management fee. The Common Area expenses shall include attorneys' fees and court costs necessarily incurred by the Operator to enforce the provisions of this Section 7. - 10 - 7.4 (b) Expense Statement. The Operator shall, from time to time, but not more often than once each calendar month. deliver to the Owner of each Parcel a written statement of the total costs and expenses of operation and maintenance of the Common Areas, including the applicable management fee. The written statement of Common Area costs and expenses delivered to each Owner shall include substantiating invoices for the costs and expenses contained in the written statement. The Operator shall keep its records of the costs and expenses of operation and maintenance of the Common Areas for at least three (3) years after the close of each calendar year. Each Owner or its authorized representative shall have the right to examine and audit the Operator's records of expenses in connection therewith upon reasonable notice and at reasonable business hours. If, at the end of any calendar year, the amounts paid by all Owners are less than the actual costs and expenses of operation and maintenance, including the applicable management fee, then each Owner shall pay to the Operator such Owner's Pro Rata Share of such deficiency. If, at the end of any calendar year, the amounts paid by all Owners are greater than the actual costs and expenses of operation and maintenance, including the applicable management fee, then each Owner shall be credited with such Owner's Pro Rata Share of such overpayment. 7.5 Allocation of Common Area Expenses. All authorized costs and expenses of Common Area Maintenance incurred by the Operator shall be equally shared among the Owners of each Parcel. Each Owner's share of such costs and expenses shall be called its "Pro Rata Share". The Pro Rata Share for each Parcel within the Center is divided based upon the ratio of each Parcel's total square footage to the total Center's square footage. Section 8. Really Taxes and Assessments 8.1 Payment of Taxes. It is intended and agreed that all real estate taxes and assessments by public authority relating to any portion of the Center, and improvements thereon or the ownership thereof, shall be paid prior to delinquency by the respective Parcel owners thereof. Section 9. Miscellaneous Provisions 9.1 Binding Covenants, Restrictions, Conditions and Provisions. Each and all of the covenants, restrictions, conditions, and provisions contained in this Declaration (whether affirmative or negative in nature): (a) are made for the direct, mutual and reciprocal benefit of each parcel of land in the Center, (b) shall create mutual equitable servitudes upon each parcel of land in the Center in favor of every other parcel; (c) shall constitute covenants running with the land owned by the covenantor and the covenantee; (d) shall bind every person having any fee, leasehold or other interest in any portion of the Center at any time to the extent that such portion is affected or bound by the covenant, restriction, condition, or provision in question, or the covenant, restriction, condition or provision is to be performed on such portion; and (e) shall inure to the benefit of the parties and their respective successors and assigns as to their respective parcels of land in the Center. 9.2 Legal Description. The Credit Union acknowledges the legal description of each of the Center parcels as set forth on EXHIBIT "A" shall be deemed to include any and all rights, title, and interest in that portion of the street, roadway or highway abutting or bounding each of the Center parcels now or hereafter owned by all persons or other entities who may own the Center parcels or any portion thereof or any leasehold estate or any security interest therein and the respective heirs, successors, assigns, grantees, Mortgagees, tenants, or subtenants thereof. Accordingly, such right, title and interest shall be in all respects subject and subordinate to the covenants, conditions and restrictions established by and the easements granted in this Declaration. 9.3 No Termination of Declaration. Breach of any of the provisions, covenants or restrictions contained in this Declaration shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and or value as to the Center or any part thereof or entitle any party to cancel, rescind, or otherwise terminate this Declaration, and all and effective against any Owner of any Parcel of the Center, or any part thereof, whose title thereto is acquired by foreclosure, trustee's sale or otherwise. 9.4 Partial Invalidity of Declaration. Invalidation of any one of the covenants, conditions, restrictions, or other provisions herein contained by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions or provisions hereof, and the same shall remain in full force and effect. 9.5 Privily of Contract and Estate. This Declaration shall create privity of contract and estate with and among all Owners, grantees and their assigns of all or any part of the Center. In the event of a breach, an attempted or threatened breach, or a violation, an attempted or threatened violation, by any Owner, tenant or Occupant of any part of the Center hereof, any one of the said parties, or their respective successors or assigns, shall have in addition to the right to damages, the right to enjoin such breach, attempted or threatened breach, or violation, attempted or threatened violation. Additionally, any deed, lease, assignment, conveyance or contract made in violation of this Declaration shall be void and may be set aside upon petition of any of the aforementioned parties. All costs and expenses of any such suit or proceedings including attorneys' fees shall be awarded, as hereinafter provided, to the prevailing party or parties and assessed against the losing party or parties including the Owner of the applicable property, and - 12 - shall constitute a lien against the real property or the interest therein wrongfully deeded, leased, assigned, conveyed or contracted for, until paid, effective upon recording notice thereof in the office of the County Recorder of the County of San Bernardino. Any such lien shall be subordinate to any bona fide mortgage or deed of trust covering any portion of the Center, and any purchaser at any foreclosure or trustee's sale (as well as any grantee of deed in lieu of foreclosure or trustee's sale) under any such mortgage or deed of trust shall take title free from any such lien, but otherwise subject to the provisions hereof. The remedies permitted at law or in equity specified herein shall be cumulative. 9.6 Attorneys' Fees. In the event that suit is brought for the enforcement of this Declaration or as the result of any alleged breach thereof, the prevailing party or parties to such suit shall be entitled to recover reasonable attorneys' fees from the losing party or parties, and any judgment or decree rendered shall include any award thereof. 9.7 Condemnation. In the event of condemnation by a duly constituted authority for a public or quasi-public use of all or any part of the Center, that portion of the award attributable to the value of any land within the Common Area so taken shall be payable only to the Owner thereof and no claim thereon shall be made by other Owners of any other portion of the Center, provided, however, all other Owners of the Center may file collateral claims with the condemning authority over and above the value of the land of the area to be taken, and provided further that the Owner of each portion of the area so condemned shall promptly repair and restore the remaining portion of the area owned by such owner as near as practicable to the condition of same immediately prior to such condemnation. No contribution from any other Owner shall be required by the terms of this Declaration. 9.8 motions. The captions heading the various sections of this Declaration are for convenience and identification only, and shall not be deemed to limit or define the contents of their respective sections. 9.9 Easements are Appurtenant. Each and all of the easements and rights granted or crated hereunder are appurtenant to the applicable portions of the Center and none of the easements and rights may be transferred, assigned, or encumbered except as appurtenant to such portions. For the purposes of such easements and rights, the property benefited will constitute the dominant estate, and the particular area in the Center which is burdened by such easements and rights will constitute the servient estate. 9.10 The provisions of this Declaration shall not be deemed to constitute a dedication or a gift for public use or for the public nor to create any rights in the general public. Section 10. Tenn and Amendments 10.1 Terms. The covenants, conditions and restrictions contained in this Declaration shall run with the land and shall be binding upon each and all of the Owners of any part thereof and upon all persons claiming under them and remain in perpetuity unless terminated by written - 13 - and recorded agreement executed by all Owners of the Center. The easements contained and this Declaration shall remain in perpetuity unless terminated by written and recorded agreement executed by all of the Owners of the Center. 10.2 Amendments. This Declaration including without limitation the Site Plan, may be canceled, changed, modified or amended in whole or in part only by a written and recorded agreement executed by the Owners of Parcel I and 2 comprising the Center. 10.3 "In order to comply with certain conditions placed upon the use of the Center by the City, the Credit Union agrees as follows: a. This Declaration may not be voluntarily terminated except upon unanimous consent of all Owners of the Center and the City or their respective successors, legal representatives and assigns; b. Sections 10.1 and 10.2 notwithstanding, Sections 4.1(a), 4.1(b), 4.1(f), 4.1(g), 4.2(b), 5.4(a), 5.4(c), and this Section 10.3, may only be canceled, changed, modified or amended by a written and recorded agreement executed by the Owners of the Center and the City. C. The City or Owners, whomever prevails, shall be entitled to recover its costs and reasonable attorneys fees in any action or proceeding taken to enforce the provision of the City's Municipal Code. In the event of any conflict or inconsistency between the terms of this Section 10.3 and those contained in the remainder of the Declaration, this Section 10.3 shall prevail. Unless City's conduct is negligent or willful, Owners shall defend, indemnify and hold harmless City, its elected officials, officers, agents and employees from and against any and all claims, losses, damages and causes of action which may arise out of or in connection with any and all acts or omissions of Owners and their respective officers, employees and agents, in connection with Owner's performance of this Agreement." Section 11. Approvals and Notices 11.1 Approval not to be Unreasonably Delayed. Wherever the approval or consent of any party is required hereunder, such approval and consent shall not be unreasonably withheld or delayed. 11.2 Recordation. This Declaration, executed as of the date hereof, shall take effect only, upon, from and after its recording in the office of the County Recorder of the County of San Bernardino. The Credit Union shall cause its recordation with the County Recorder of San Bernardino. 11.3 No Merger. There shall be no merger of any easements, rights, interests or estates created by this Declaration resulting in the Center being owned or held directly or - 14 - indirectly by or for the account of the same person or entity, and no such merger shall occur unless and until all persons and entities at the time having an interest in the Center (including, but not limited to, the holders of any bona fide first deed of trust or first mortgage, having an interest in, or an encumbrance on, all or any portion of the Center) shall join in a written instrument affecting such merger and shall duly record the same. 11.4 Notices. Any notice required or permitted to be delivered pursuant to any provision of this Declaration shall be deemed received when sent by United States mail, postage prepaid certified mail, return receipt requested, addressed to the applicable person or entity at the street address of the Parcel. WITNESS WHEREOF, THIS DECLARATION AND GRANT has been executed by the Declarants as of the date and year first above written. SAN BERNARDINO COUNTY CENTRA't--CREDIT UNION 0Ps By: Anne L. Benjamin, Sr. Vi e President By: 9W / 4� Maurice A. Calderon, Sr. Vice President Be it known that on this 5th day of March, 1996, before me Mary Ann Favela, a Notary Public for the State of California, residing in the City of San Bernardino in said county, duly commissioned and sworn, and by law authorized to administer oaths and affirmations, personally appeared Anne L. Benjamin and Maurice A. Calderon, the affiants of the County of San Bernardino, to me well known, and known to be the person they represent themselves to be, who being by me duly sworn, did make the following(or foregoing)affidavit by him subscribed. In testimony whereof, I have hereunto set my hand and affixed my seal of office the day and year first above written. �MARYAINNAJANIR_A � Mary AnnFavela COMM- Cad fornia gv/ BERI"JAROM0 cout,4'ry 1-1v Comr.m. Jul10, lwa CITY OF DL L B Af" arson, Mayor����� Attest: LorffePo/yZee, City 15 - CALIFORNIA NOTARY ACKNOWLEDGMENT State of California ss County of On g, fir`. before me, (here insert name & title of the officer), personally app6ared ,: {r :&,i, v ' g�-, -ersonally known to me (or proved to me on t e basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea/ ; _. - €-i ,_ - % ` �art€�. {✓ f✓,� r (This area for official notarial seal) 01-19881-123 reclf€trms\examkac€cno ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on Ma r(-h 21 , 1 19 9 6 before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Swen Larson and Lorrie Poyze jxj personally known to me - or - { } proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Asdare subscribed to the within instrument and acknowledged to me that 1a3ishe/they executed the same in kiskbm/their authorized capacity(ies) and that by ti&hw/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (SEAL} WITNESS my hand and official seal. LORRIE POYZER, CITY CLERK By: Beatrice Sanchez, Deputy City Clerk (909)798-7531 ---------- -------- ---- -------_------ CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust {x } Other Title(s) Mayor and City Clerk Entity Represented City of Redlands ------------~----------- ---- ------- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Grant of Easement Number of Pages eighteen Date of Document March 5, 1996 Signer(s) Other Than Named Above Anne Benjamin and Maurice Calderon EX LEGAL DESCRIPTIONS Parcel 1 That portion of the Southwest one-quarter of the Southwest one-quarter of Section 21, Townshipl South, Range 3 West, San Bernardino Meridian, in the City of Redlands, County of San Bernardino, State of California, according to the Official Plat of said land filed in the District Land Office, February 24, 1869, described as follows: Commencing at the centerline intersection of Walnut Avenue and Alabama Street, as shown on map of Henry L. Williams Tract, as per plat recorded in Book 11 of Maps, page 17, Records of said County, said intersection lies Westerly 26.46 feet from the West line of the Southwest one-quarter of said Section 21; thence along the Easterly prolongation of the centerline of Walnut Avenue North 89032'32" East 6,54 feet; thence South 0025'13" East 349.00 feet, thence North 89034'47" East 96.85 feet to the Easterly right-of-way line of Alabama Street, as described in a deed to the State of California recorded February 3, 1961 in Book 5342, page 385 of Official Records of said County, thence continuing North 89034'47" East 350.00 feet to the Northeast corner of deed to Skateland recorded in Book 5433, page 280 of said Official Records; thence South 002613" East 177.91 feet to the True Point of Beginning, thence South 89034'47" West 151.00 feet; thence South 0025'13" East 44,00 feet; thence South 89034'47" West 23.00 feet; thence South 0'025'13" East 204.68 feet to a point on the Northerly line of Industrial Park Avenue, 64.00 feet wide, said Northerly line being a non- tangent curve concave Northwesterly with a radius of 268.00 feet and a radial line to said point bears South 14042"03" East; thence Northeasterly along said Northerly line and said curve, through a central angle of 2004626", an arc distance of 97.17 feet to a point of reverse curve in said Northerly line, said reverse curve being concave Southeasterly with a radius of 177.00 feet; thence continuing North-easterly and Easterly along said Northerly line and said last mentioned curve, though a central angle of 39*4649", an arc distance of 122.89 feet to the Easterly terminus of said last mentioned curve; thence continuing Easterly along said Northerly line, South 85041'40" East 3.78 feet; thence leaving said Northerly line, North 4°1 8'20" East 90.91 feet; thence North 32038'46" West 77.48 feet-, thence North 0"25'13" West 21.00 feet to the True Point of Beginning. Parcel2 That portion of the Southwest one-quarter of the Southwest one-quarter of Section 21, Townshipl South, Range 3 West, San Bernardino Meridian, in the City of Redlands, County of San Bernardino. State of California, according to the Official Plat of said land filed in the District Land Office, February 24, 1869, described as follows: Commencing at the centerline intersection of Walnut Avenue and Alabama Street, as shown on map of Henry L. Williams Tract, as per plat recorded in Book 11 of Maps, page 17, Records of said County, said intersection lies Westerly 26,46 feet from the West line of the Southwest one-quarter of said Section 21, thence along the Easterly prolongation of the centerline of Walnut Avenue North 8903232" East 6,54 feet; thence South 002613" East 349.00 feet; thence North 89034'47" East 96,85 feet to the Easterly right-of-way line of Alabama Street, as described in a deed to the State of California recorded February 3, 1961 in Book 5342, page 385 of Official Records of said County; thence continuing North 89034'47" East 150,00 feet to the True Point of Beginning; thence continuing North 8903447" East 200.00 feet to the Northeast corner of deed to Skateland recorded in Book 5433, page 280 of said Official Records; thence South 002613" East 177,91 feet; thence South 89'034'47" West 151.00 feet; thence South 0'25'13" East 44.00 feet; thence South 89034'47" West 23.00 feet; thence South 0025'13" East 204,68 feet to a point on the Northerly line of Industrial Park Avenue, 64.00 feet wide, said Northerly line being a non-tangent curve concave Northwesterly with a radius of 268.00 feet and a radial line to said point bears South 14*42'03" East; thence Southwesterly along said Northerly line and said curve through a central angle of 604612", an arc distance of 31.59 feet; thence leaving said Northerly line, North 0025'13" West 225.73 feet; thence Southeasterly along a non-tangent curve concave Southwesterly with a radius of 630,00 feet, from a radial line to said curve that bears North 1603454" East and through a central angle of 002834", an arc distance of 5.24 feet to an intersection with a line that bears South 0'25'13" East from the True Point of Beginning, thence North 0025'13"West 208.38 feet to the True Point of Beginning. V Von CC W 348 Reg,Exp.6-3119 q,' N 'J" if N 89` 34' 47" E 200.00' IL L P.O.B. PARCEL 2 ° No. 3240 * Reg.Exp.6-30— Lr p� fvm y PARCEL 44,257 S.F. W � tt s M M M N * N V� O co W (D Ndv #qc'! 2 ■ b.o'n SCALE 1"=50' 11 NOVEMBER 29, 1995 M o S 89' 34' 47" W 151.00' W W y \--PROPOSED PROPERTY UNE 21.00' o� ly ri P.O.R. PARCEL 1 ",R, I �s " i I i i PARCEL-, I 40,307 S.F. ori N W N � , W :y3 w h W � a O N � co cl W La 7 M M 4- tSK� � C4 N N to o P�177 00' L=122.89' i J kx t S 85' 41' 40" E 3.7$' i a INDUS TRIAL PARK AVENUE t i EXHIBIT "B" PLAT