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HomeMy WebLinkAboutContracts & Agreements_27-2021AGREEMENT NO 20-1002255 BY AND AMONG SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF REDLANDS AND UNIVERSITY OF REDLANDS FOR UNIVERSITY STATION OPERATIONS AND MAINTENANCE AGREEMENT THIS AGREEMENT ("Agreement") is hereby made, entered into and effective on the date the last Party signs it, by and between the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY ("SBCTA"), the CITY OF REDLANDS ("CITY"), and UNIVERSITY OF REDLANDS ("U of R"), collectively referred to as the "Parties," with regard to the University Station located in the CITY WHEREAS, the CITY and SBCTA previously entered into a Cooperative Agreement, SBCTA Contract No C97026, dated October 1, 1996, with regard to the planning, design, construction, operation and maintenance of the Downtown Redlands Station including a commitment to make available 100 parking spaces within a quarter mile of a future rail terminal located at the University of Redlands, and WHEREAS, the Parties entered into an Assignment, Novation and Consent Agreement, dated February 11, 2021, transferring to the U of R the CITY's obligation to construct the 100 parking spaces, and WHEREAS, the U of R and SBCTA previously entered into a Cooperative Agreement, SBCTA Contract No 16-1001469, dated August 6, 2016, with regard to design, construction, operation and maintenance of enhancements to the University Station ("Commuter Rail Station") beyond the basic design and cost criteria established by SBCTA for the University Station, and WHEREAS, the University Station, when fully completed, will consist of a commuter rail station which includes platforms that will serve the Redlands Passenger Rail Project ("RPRP"), a Parking Lot to be used for the Commuter Rail Station, and a detention basin needed for compliance with a Municipal Separate Storm Sewer System ("MS4") permit to support the Commuter Rail Station and Parking Lot; and SBCTA Contract No 20-1002255 WHEREAS, the Parties desire to enter into this Agreement to further define the roles and responsibilities of the Parties for the maintenance and security of the University Station, and WHEREAS, after this Agreement has been in effect for one year, the Parties will meet and evaluate the performance and costs of the maintenance and operations being performed under this Agreement, and will mutually agree upon any revisions needed to the Agreement; and NOW, THEREFORE, the Parties hereby mutually agree as follows. I. DEFINITIONS Definitions. As used in this Agreement, the following terms, phrases, words and their derivations, shall have the meanings set forth herein. Words used in the present tense include the future tense, words used in the singular shall include the plural, and plural words shall include the singular Words not specifically defined shall be given their common and ordinary meaning. a. "Operating Property" shall refer to the real property owned by SBCTA that is used for railroad operations, including but not limited to railroad trackage right-of-way, rails, ties and ballast, shown as Area "E" on Exhibit "A", Property b "Non -Operating Property" shall refer to such real property and facilities, excluding Operating Property, on which the Commuter Rail Station is situated, shown as Area "A" on Exhibit "A", Property Non -Operating Property shall also include the Standard Platform. c "Commuter Rail Station Betterments" shall refer to such facilities constructed beyond the basic design and cost criteria for a standard platform upon or adjacent to the Commuter Rail Station, shown as Area "B" on Exhibit "A", Property d. "Standard Platform" shall refer to that certain type of rail passenger platform, the size, dimensions, and materials of which are set forth in more particular detail in Exhibit "B", Standard Platform. e "Station Site" shall refer to the real property purchased from the Santa Fe Railroad and/or other persons upon which the subject University Station is built, as more particularly described in Exhibit "A", Property f. "Commuter Rail Station" shall refer to the commuter rail passenger terminal and all Operating Property and Non -Operating Property associated therewith. The Commuter Rail Station is shown as Area "A" and Area "E" on Exhibit "A", Property, and further includes portions shown as Area "B" on Exhibit "A" which lie within the original Park Avenue right of way as shown on the Map of Lugonia Park, recorded in Book 4 of Maps, Page 50, records of San Bernardino County g. "SCRRA" shall refer to the Southern California Regional Rail Authority h. "Parking Lot" shall refer to the surface parking lot located within a quarter mile of SBCTA Contract No. 20-1002255 the Commuter Rail Station which will serve the Commuter Rail Station. The Parking Lot is shown as Area "C" on Exhibit "A", Property i. "Detention Basin" shall refer to the basin constructed for the University Station and appurtenant facilities in order to comply with the Municipal Separate Storm Sewer System permit. The Detention Basin is shown as Area "D" on Exhibit "A", Property II. PURPOSE OF COOPERATIVE AGREEMENT 2 1 Maintenance and Security of the University Station. The purpose of this Agreement shall be to provide for the maintenance and security of the Commuter Rail Station, Parking Lot, and Detention Basin. III. OWNERSHIP OF PROPERTY 3 1 University Station Vesting of Title The Parties agree that title to the University Station shall be held as follows. a. SBCTA shall hold title to the Commuter Rail Station shown as Area "A" and Area "E" on Exhibit "A", Property, and further includes those portions shown as Area "B" on Exhibit "A" which lie within the original Park Avenue right of way as shown on the Map of Lugonia Park, recorded in Book 4 of Maps, Page 50, records of San Bernardino County b SBCTA shall hold title to the parking lot shown as Area "C" on Exhibit "A", Property SBCTA shall grant a real property license to the CITY for the parking lot use substantially in the form attached hereto as Exhibit "G" c U of R shall hold title to the Detention Basin, shown as Area "D" on Exhibit "A", Property d. U of R shall convey to SBCTA an easement which shall run with the land for the benefit of the Detention Basin tributary areas of the rail right of way for drainage purposes with additional covenants and restrictions largely in the form of Exhibit "F" IV. TERM OF AGREEMENT 4.1 Term. The term of this Agreement is hereby effective on the date the last Party signs it, and shall continue thereafter until terminated as provided for in Article XV - Termination of Agreement. V. COMMUTER RAIL STATION 5.1 Maintenance of Commuter Rail Station. Parties agree that CITY shall oversee the maintenance of the Commuter Rail Station platform areas. The Commuter Rail Station SBCTA Contract No. 20-1002255 platform maintenance areas are shown as Area "A", Commuter Rail Station Non - Operating Property platform areas, on Exhibit "A", Property a. CITY shall arrange for and provide the maintenance of the Commuter Rail Station platform areas as set forth in Exhibit "C", Maintenance Schedule. b CITY shall be 100% responsible for all costs required to operate and maintain the Commuter Rail Station platform areas, including, but not limited to, the costs of real property and liability insurance, maintenance of the Standard Platforms, signage, security, perimeter landscaping, and lighting, excluding any Commuter Rail Station Betterments to be maintained pursuant to Section 6 1, Maintenance of the Commuter Rail Station Betterments. 5.2. Commuter Rail Station Security Parties agree that CITY shall arrange for and provide security to the Commuter Rail Station platform areas. a. CITY shall be 100% responsible for all costs to provide security to the Commuter Rail Station platform areas. b CITY shall arrange for the provision of security for the Commuter Rail Station platform areas to ensure customer and vehicle safety during commuter periods. Security shall be provided from 15 minutes before the first scheduled train until 30 minutes after the last scheduled train. c. The "Level of Security" and other standards to establish minimum security requirements shall be jointly developed by the Parties to this Agreement and shall be consistent with the "Level of Security" provided by CITY for the Downtown Redlands Station. CITY station security responsibilities shall exclude any security inside the trains. CITY or its security contractor shall not be prevented from entering the trains or Detention Basin area if relevant to a security situation. The Parties agree to meet and confer no later than eighteen (18) months after the start of revenue service to jointly re-examine the minimum security requirements for the Commuter Rail Station platform areas. 5.3. First Two Years Costs. Notwithstanding the City's responsibility for costs in Section 5 1 and 5.2 above, SBCTA shall be responsible for 100% of the costs described therein for the first two years, commencing with the inauguration of the passenger rail service. SBCTA's responsibility hereunder shall only apply after the exhaustion of any Parking Fee funding described in Section 7.2. In the event City, in its sole and exclusive discretion, decides to initiate Parking Fees pursuant to Section 7.2 hereof, SBCTA's responsibility hereunder shall be offset by any fees received by City during said first two years. VI. COMMUTER RAIL STATION BETTERMENTS 6.1 Maintenance of the Commuter Rail Station Betterments. U of R shall arrange for and fund security and maintenance of the Betterments. The Betterments area is shown as Area "B" on Exhibit "A", Property SBCTA Contract No 20-1002255 a. U of R shall be 100% responsible for all costs to maintain the Commuter Rail Station Betterments, including, but not limited to, the costs of real property insurance, maintenance of signage, perimeter landscaping, and lighting. VII. PARKING LOT 7.1 Reservation of Parking. CITY shall restrict use of the Parking Lot to patrons or visitors of the University Station during operating hours. Signage shall be posted within the parking lot notifying the public of the same. 7.2. Parking Fees. The CITY may, subject to approval by SBCTA, which approval shall not be unreasonably withheld, initially set and charge parking fees to provide funding for 1) maintenance of the Commuter Rail Station platform areas, Parking Lot and Detention Basin, and 2) security for commuter rail patrons during operating hours. All such fees collected by the CITY shall be applied toward the CITY's pro-rata share for the security and maintenance costs associated with the University Station. Any remaining balance shall be reserved and applied towards the Parties' collective costs for major maintenance and rehabilitation projects of the Commuter Rail Station platform areas, Parking Lot and Detention Basin. Notwithstanding the provisions of Section 11.2 and Section 15.2, upon termination of this Agreement, the CITY shall retain any fund balance of parking fees collected pursuant to this Section. 7.3 Maintenance of the Parking Lot. CITY shall manage and oversee the maintenance of the Parking Lot. The Parking Lot maintenance area is shown as Area "C" on Exhibit "A", Property a. CITY shall arrange for the maintenance of the Parking Lot as set forth in Exhibit "C", Maintenance Schedule. b CITY shall be 100% responsible for all costs to maintain the Parking Lot, including, but not limited to, maintenance of signage, security, perimeter landscaping, lighting, and a pro-rata share of costs associated with appurtenant water quality facilities serving the Parking Lot. 7.4. Security of the Parking Lot. CITY shall manage and oversee the security of the Parking Lot. The Parking Lot security area is shown as Area "C" on Exhibit "A", Property a. CITY shall be 100% responsible for all costs to provide security to the Parking Lot. b CITY shall arrange for the provision of security for the Parking Lot to ensure customer and vehicle safety during commuter periods. Security shall be provided from 15 minutes before the first scheduled train until 30 minutes after the last scheduled train. c The "Level of Security" and other standards to establish minimum security requirements shall be jointly developed by the Parties to this Agreement and shall be consistent with the "Level of Security" provided by CITY for the Downtown Redlands Station. The Parties agree to meet and confer no later than eighteen (18) months after the start of revenue service to jointly re-examine the minimum security SBCTA Contract No 20-1002255 requirements for the Commuter Rail Station platform areas. VIII. DETENTION BASIN 8.1 Detention Basin Maintenance. Parties agree that CITY shall arrange for and provide maintenance of the Detention Basin area. The Detention Basin area is shown as Area "D" on Exhibit "A", Property Detention Basin Maintenance responsibly is inclusive of the appurtenant storm drain facilities constructed by the RPRP for the purpose of conveying water to and/or from the Detention Basin. a. The CITY shall provide periodic and continuous maintenance, as set forth in Exhibit "D", Detention Basin Maintenance Schedule and Plans, including, but not necessarily limited to, vegetation control and sediment removal, to assure proper performance and as required in order to comply with the San Bernardino Municipal Separate Storm Sewer System (MS4) Permit. The City shall be responsible for any fines or penalties related to noncompliance with the MS4 Permit resulting from lack of maintenance. b Commencing upon completion of the Commuter Rail Station and Parking Lot, U of R and SBCTA shall provide monthly payments to the CITY for their pro-rata shares to provide maintenance for the Detention Basin. The pro-rata shares for providing maintenance is based on the drainage tributary areas flowing to the Detention Basin and shall be as follows I. SBCTA. Pro-rata share shall be 25%. II. CITY. Pro-rata share shall be 59% III. U of R. Pro-rata share shall be 16% c CITY shall be responsible for tracking the actual cost to provide maintenance for the Detention Basin area. 8.2 Detention Basin Security. Parties agree that there is no need to provide security services for the Detention Basin area. CITY and its security contractor shall not be prevented from entering the Detention Basin area if relevant to a security situation. IX. FISCAL YEAR 9 1 Fiscal Year The fiscal year of this Agreement shall begin on the first day of July each year X. INVOICES AND ACCOUNTING 10.1 Accounting. Each Party shall render to the other Parties a complete accounting of the affairs undertaken or conducted by such Party pursuant to this Agreement, if any, as of the close of business on the last day of June each year Such accountings shall be rendered to each Party to this Agreement within thirty (30) days after the close of each SBCTA Contract No. 20-1002255 such year Each Party shall make the relevant portions of its accounting books and records available to the other Parties at any time during the term of this Agreement upon reasonable prior written notice. Except as to manifest errors brought to the attention of the other Parties to this Agreement within thirty (30) days after it is rendered, each such accounting shall be final and conclusive as to each Party to this Agreement. 10.2 Submission of Invoices. Parties hereby agree and covenant to submit an annual, itemized statement to respective Parties on or before the 15th calendar day of June that indicates revenue, all costs, fees, and other charges incurred related to the Maintenance and Security responsibilities pursuant to this Agreement. The statement shall describe the amount of services and supplies provided since the initial commencement date, or since the first calendar day of the most recent billing period, as appropriate, through the date of the current statement. The invoice shall specify the pro rata share owed by each Party A summary of pro rata shares is included in Exhibit "E" 10.3 Approval and Payment of Invoice. Parties hereby agree and covenant to pay all invoices as received, if any should be submitted on or before the 15th calendar day of June, in compliance with Section 10.2-Submission of Invoices. Parties shall remit payment within thirty (30) days to the designated payee. Parties shall not unreasonably withhold payment and shall promptly pay all undisputed amounts. Should Parties dispute any portion of an invoice, Parties must deliver written notice within ten (10) working days after receipt of the invoice. The written notice must reasonably describe the dollar amount withheld and the reason or reasons therefor Any such dispute shall be resolved pursuant to Article XIV-Default and Remedies. No Party shall be entitled to dispute the amount of any invoice previously approved for which it has already issued payment. Failure of Parties to deliver timely written notice of a disputed payment shall be deemed approval of any such payment. 10.4 Invoice Estimate. CITY hereby agrees to jointly develop a cost estimate for the monthly maintenance and security costs. CITY will notify the other Parties immediately in writing upon developing a cost estimate, and will notify the Parties immediately, in writing, upon any change or anticipated change in the estimated cost. XI. DISTRIBUTION OF PROPERTY 11 1 Distribution of Property Upon termination of this Agreement, any real property leased from SBCTA to the CITY in connection with this Agreement shall also be terminated. Vesting of the Detention Basin shall be retained by U of R or its heirs and successors. Vesting of the Station Site shall be retained by SBCTA or its heirs and successors. The easement appurtenant for the benefit of the Detention Basin tributary area shall endure. 11.2. Distribution to Parties. Except as provided in Section 11 1-Distribution of Property, all proceeds that may accrue to the Parties under this Agreement shall be distributed to the Parties in direct proportion to their monetary participation. SBCTA Contract No 20-1002255 XII. NOTICES 12 1 Notices to Parties. All notices, consents, directions, approvals, instructions, requests, and other communications regarding this Agreement shall be in writing, shall be addressed to the person and address set forth below, and shall be (i) deposited in the U S mail, first class, certified with return receipt requested and with appropriate postage, (ii) hand delivered or (iii) sent via email with a return receipt. From time to time each of the Parties may designate a new address for purposes of this Article by providing notice to the other signatories to this Novation Agreement as provided in this Section 12 1 To University. Facilities Management University of Redlands 1200 East Colton Avenue P O Box 3080 Redlands, CA 92373 Attn. Director of Facilities Management Telephone. 909-748-8020 E-mail. facilities@redlands.edu With a copy to General Counsel University of Redlands 1200 East Colton Avenue P O Box 3080 Redlands, CA 92373 Attn. General Counsel Telephone 909-748-8076 E-mail. Brent_Geraty@redlands.edu To City. City Clerk City of Redlands 35 Cajon Street, Suite 4 Redlands, CA 92373 With a copy to City Attorney City of Redlands 35 Cajon Street, Suite 200 Redlands, CA 92373 To SBCTA. Director of Transit & Rail Programs San Bernardino County Transportation Authority 1170 W Third Street, 2nd Floor San Bernardino, CA 92410 With a copy to General Counsel San Bernardino County Transportation Authority 1170 W Third Street, 2nd Floor SBCTA Contract No. 20-1002255 San Bernardino, CA 92410 All notices shall be deemed to have been given three (3) business days following deposit in the United States Postal Service (postage prepaid) or, upon receipt, if sent by overnight delivery service, courier, electronic mail (so long as receipt is acknowledged or otherwise confirmed), or personally delivered. Notice to a Party shall not be effective unless and until each required copy of such notice is given to said Party as provided above in this Section 12 1 The inability to deliver a notice because of a changed address of which no notice was given, or any rejection or other refusal to accept any notice, shall be deemed to be the receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. Any notice to be given by any Party may be given by legal counsel for such Party Telephone numbers are provided herein for convenience only, and shall not alter the manner of giving notice set forth in this Section 12 1 XIII. MISCELLANEOUS 13 1 Consents and Agreements Any and all consents and agreements provided for or permitted by this Agreement shall be in writing, and a signed copy thereof shall be filed and maintained by each Party in its official records together with this Agreement. Whenever consent or approval of any Party is required, that Party shall not unreasonably withhold or delay such consent or approval. 13.2 Sole and Only Agreement. This Agreement contains the sole and only agreement of the Parties as to the subject of this Agreement and correctly sets forth the rights, duties, and obligations of each Party to the other as of this date. Any prior agreements, policies, negotiations, and/or representations are expressly set forth in this Agreement. 13.3 Amendments. This Agreement may be amended or modified in any manner by an instrument in writing, stating the amendment or modification, signed by the Parties hereto 13.4. Severabihty If any one or more provisions contained in this Agreement shall be held invalid or illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 13.5. Headings and Subtitles. Headings and subtitles of this instrument have been used for convenience only and do not constitute matter to be considered in interpreting this Agreement. 13.6. Indemnity Each party hereto covenants and agrees to release, indemnify, defend, and hold harmless the other party hereto, its affiliates and their respective owners, members, commissioners, officers, directors, employees, agents, consultants, contractors, partners, affiliated entities, subsidiaries, permittees, licensees, successors and assigns, to the maximum extent permitted by law, from and against all liability, loss, claims, suits, damages (including consequential damages), costs, judgments and expenses (including, without limitation, any fines, penalties, judgments, litigation expenses, and experts' and SBCTA Contract No. 20-1002255 attorneys' fees), that arise, directly or indirectly, from, asserted against or incurred by reason of, resulting in any manner from, or relating in any manner to (a) the acts or omissions of such party, its employees, contractors or agents relating to this Agreement and the performance of the duties set forth herein, (b) any claims by third parties arising from or relating to or in connection with the breach or alleged breach of any of the provisions hereof by the respective parties, (c) acts or omissions of any firm employed by the respective parties to perform any portion of the duties or obligations contained herein, (d) completed operations liability or other personal injury claims which may be asserted arising from respective passenger rail services. Each party shall obtain and maintain during the time this Agreement is in effect adequate insurance or self-insurance to cover its liability, defense and indemnification obligations, including but not limited to Commercial General Liability, Automobile Liability, Worker's Compensation and Property Insurance, in order to protect itself and the other parties. Each party shall list each other party as additionally insured on their respective Commercial General Liability insurance policies. 13 7 Law of the Jurisdiction and Venue. In the event of any litigation arising out of the terms of this Agreement, the law of the State of California shall apply, and the venue of any such action shall be the Superior Court of the State of California for the County of San Bernardino, San Bernardino District. 13.8. Dispute Resolution. In the event any dispute arises between the Parties under or in connection with this Agreement, the dispute shall be resolved by the U of R General Counsel, the Executive Director of SBCTA, and the City Manager of the CITY, or their duly authorized representatives, within thirty (30) calendar days after receipt of written notice of said dispute. Said notice shall include a detailed statement of the grounds of the dispute and reasons why the dispute should be resolved m the disputing Party's favor If the Parties fail to resolve the dispute in a manner acceptable to the disputing Party, then such dispute shall be decided by the court as set forth in Section 13 7 Pending resolution of the dispute, Parties shall proceed with the performance of this Agreement to the extent practicable. XIV. DEFAULT AND REMEDIES 14.1 Event of Default. Each of the following shall constitute an "Event of Default" a. A failure by any Party to make, or cause to be made, any payment due and payable by said Party to another non -defaulting Party on or before the date that any such payment or deposit is due following the expiration of any apphcable grace period set forth in the applicable document; b Failure by any Party to perform or observe any of its obligations set forth in this Agreement. 14.2. Opportunity to Cure Except as provided below, no Event of Default under Section 14 1- Event of Default shall constitute a "Default" until all of the following has occurred and the Event of Default remains uncorrected. a. The non -defaulting Party has given written notice to the defaulting Party of such SBCTA Contract No. 20-1002255 Event of Default, specifying the particular facts and circumstances that constitute an Event of Default. However, failure to provide notice of Event of Default in accordance with Section 12 1 Notices to Parties shall not be deemed to waive any Party's rights under this Agreement or applicable law, and may be cured by subsequently providing notice in the required manner, b The defaulting Party has had thirty (30) days after receipt of such written notice to correct the Event of Default. If the defaulting Party cannot correct the Event of Default within thirty (30) days, and the non -defaulting Party, in its reasonable judgment, consents, the defaulting Party may initiate and diligently pursue necessary corrective measures approved by the non -defaulting Party However, any Event of Default must be remedied within one hundred eighty (180) days after its initial occurrence Should the defaulting Party fail to initiate and diligently pursue the approved corrective action, then the Event of Default shall constitute a Default; and c If the defaulting Party fails to take and complete action necessary to cure any Event of Default, the non -defaulting Party may initiate any corrective action it deems appropriate 14.3 Remedies. Whenever any Event of Default becomes a Default pursuant to Section 14.2 -Opportunity to Cure, any or all of the following remedial procedures shall be available to the non -defaulting Party. a. The non -defaulting Party may take whatever action at law or in equity that may appear necessary or desirable to collect the payments required to be made by the defaulting Party then due and thereafter to become due, and b The non -defaulting Party may take whatever action at law or in equity may appear necessary or desirable to compel the defaulting Party to perform as required by this Agreement. 14.4 No Remedy Exclusive No remedy herein conferred upon or reserved to any Party is intended to be exclusive of any other available remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy available under this Agreement, at law or in equity No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time -to -time and as often as may be deemed expedient. 14.5. Attorneys' Fees. In addition to any other remedies provided hereunder or available pursuant to law, if any Party brings an action or proceeding to enforce, protect or establish any right or remedy hereunder, the prevailing Party shall be entitled to recover from the other Party or Parties, as applicable, its costs of suit and reasonable attorneys' fees. The costs, salary and expenses of the City Attorney, SBCTA's General Counsel and U of R's General Counsel and members of their offices in enforcing the Agreement shall be considered as "attorneys' fees" for the purposes of this Section. SBCTA Contract No. 20-1002255 XV. TERMINATION OF AGREEMENT 15.1 Acts Constituting Termination. This Agreement shall commence on the date of its execution and shall continue until. a. Mutual agreement of the Parties hereto to terminate this Agreement; b Mutual agreement of non -defaulting parties when one or more parties are in Default or breach of this Agreement, which has not been cured in accordance with Section 14.2, Opportunity to Cure. 15.2 Distribution on Termination. Upon termination of this Agreement pursuant to Section 15 1, all affairs undertaken or conducted pursuant to this Agreement shall be wound up, the assets liquidated, the debts paid and the proceeds divided among the Parties to this Agreement as provided in Article XI -Distribution of Property. Upon successful termination of this Agreement pursuant to Section 15 1, all duties, obligations and responsibilities of the Parties, or any successors to their interests in this Agreement, shall be assumed in the manner as may be provided by mutual agreement or as may be ordered by a court. SIGNATURES ON THE FOLLOWING PAGE SBCTA Contract No 20-1002255 XVI. ACCEPTANCE 16 1 Acceptance of Agreement The Parties have approved this Agreement by official actions of their respective governing bodies, and accept and agree to the terms set forth therein as of the date set forth above CITY: CITY OF REDLA ,S ATTEST By Paul Barrch, Mayor anne Donaldson, City Clerk 1 corporation UNIVERSITY UNIVERSITY OF REDLANDS, a California non-profit corporation By �nrf Ral W Kuncl, PhD, MD, President Y Michelle LAcCgliers, E Vice President, Administration SBCTA SAN BERNARDINO COUNTY TRANSPOR TION AUTHORITY By agman oard President Approved as to Form tor ianna K Trllqurst, Gen 1 Counsel SBCTA Contract No 20-1002255 EXHIBIT A Property SBCTA Contract No. 20-1002255 agrIma 7, 1' i—� '�="... Y.iEiiSa ""w-:.''ror...s'.s'K!i'i.��meYrara.s:m 1"TYT LLJ ge w A 20-1002255 - EXHIBIT A - PROPERTY Area"B" Betterments 0 Park Avenue City maintained public street y pq mammtm mo. '�63 ",r2G4.r.II®a87 f..: .,..�...sk f .�.._. s �rLiit�snz2=srm'-- txM jii44., Oh. Alilljeialliptfi=11111Itt 50 Area A Passenger Rail Station Non -Operating Property Area E Passenger Rail Station Operating Property University Street City maintained public street 100 200 300 PARK'AVE•.. o' mood. O 'it,- > - 01,1 E.I 009090:0 ‘, 0000.0000060004 00•000.00.0000000000000. 0 000.f..:0O000000000000. OOV 0000000000000. qr �r is a+.00.00000000.•e' 3.40000000000 a' 0 87.5 175 350 400 Feet Detention Basin Access Easement Area D Detention Basin 525 700 Feet N Area C Rail Commuter Parking Lot University Station Platforms, Tracks, Drainage & Parking 2020-03-31 EXHIBIT B Standard Platform SBCTA Contract No. 20-1002255 EXHIBIT B I I o i 1 ; I\' --- 'AQ1 ,\ SEE SHEET VE98E02 \E , t FOR PARK AVENUE // e J _ _ SEE NOTE 2 Q iD SD `� —e. r SEE N0TE 1 E. PARK AVENUE L C 50 50 ❑ 7oo SDI SD SO SD PD • t398541 SD SD ❑ pgrs02tri T atlEril w w I. ��111���� s° IIIn PLATFORM A I w w w`• milit,r' ' I 32o' - fg ___�-- - evmm =� �a SEE NOTE 1 iI °4.- >4e___x uD ,uDlx u4c A° 320-x Up x uD x iD u�>c w_ _ z.� -0- I x v EX SBCTA R/W� _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _� _L �T�i3== w 'LAMFORM B�kT=w 1 w ww N ' fl h L �_ i' II I ; `SEE SHEET LiS98104 I T 1 _ SEE SHEET C598103 SEE SFIEET C596105 I H I .� I I [ I 2/10/2019 0 0910 PM 0MM-INPIC5021 y\\OMM-INPIC501\IC51orPOF\]IO]\9-IC5.H00\16195-O6-059BIOI.OGN C.\Pwo9ram�Fiea\faB6)\CommanOFlea\nle Plott\IPLOT\bin\Iplottllvm.plt + --- 1 € _ I I { — p- j , 1 GENERAL NOTES. I LEGEND 1. FOR SIGNAL IMPROVEMENTS SEE SIGNAL PLANS 2. FOR TRACK AND OFFSITE DRAINAGE I14'ROVEMENTS SEE PLATFORM 3. FOR ELECTRICAL IMPROVEMENTS SEE ELECTRICAL PLANS 4. FOR FENCING IPROVEMENTS SEE FENCING PLANS CONCRETE WALKWAY 5. FOR ROADWAY 13PROVEMENTS SEE CIVIL PLANS 6. FOR WATERLINE IW10VEIENTS SEE STATION VATERLINE - - - SHEET OUTLINE T. FOR CONTROL JOINT AND EXPANSION JOINT SPACING 8. COORDINATE WITH UNIVERSITY OF REDLANDS FOR IRRIGATION POINT OF CONNECTION. SLEEVE IRRIGATION LINES UNDER GRADING AND DRAINAGE PLANS PLANS SEE STRUCTURAL PLANS PAVED AREAS N A MO UNIVERS ITT OF REDLANDS STATION 20 0 20 40 SCALE: 11. 13' DESIGNED al• L. HERNANDEZ @ San Bernardino 1T-100h705 DRAWN L. HERNANDEZ County Transportation Authority` /� i / REDLANDS PASSENGER RAIL PROJECT DRAWINGTNO. C598101 affcrcEp er JACDUES A. SHAH yy 9 c6s91069 REVISION SHEET NO. APPROVED AV _ L JP CA s�, .9 \\�� UNIVERSITY OF REDLANDS STATION 5260F2442 0 @-06-19 CONFORMED TJ SG R. RLD\'SKY r� C 1,1Plv ■PJ IV LAYOUT PLAN SCALE REV. DATE APP. S-IR-2018 1'.20' l _ `EXIST SBCTA R/W _ F_ - =_m. D-SD SD 50 ' -E. PARK AVE 1 -S7! (/'SEE NOTE 2 ''-5D_ y0 _ 5p _ - -50 9- I - 50 - _SD p -' S0 - _ 50 SD 50 50 SD SC -� O W rn \ I. MUM cn c.N SEE NOTE 4 J uJ W U i'`P' Cs % SD J - W W CO 2 _Ili3G' SEE NOTE 1 SD SD ' SD !l - SEE NOTE 1 � I I 7.2X A}�, °O • W - - SEE NOTE 4 1 oYY W ��CCJJ 0' 1 8' S' I 0_5X w VI CO UO LON, UD UD UD W UD JD SIDfE1 yCnS�Y•�n�'7.l Z .. ' 569+50 565+00 565+50 566+00 2 .0..1 SEE NOTE 2 I 1 1 I I 1- - MT-1 7 UD UD UD UD < x X UD UO UD UD UD UD x x xig x x x x f ' [ / ¢MT-2 �9 CONSTRUCTION REMOVAL NOTES. � - - - r EXIST SBCTA RAY 5� '0 - _ - L -� - 565+06 565L5p - l gK Vp REMOVE/RELOCATE EXISTING POWER POLE ® PER UTILITY PLAN 101 OTHERS] NOTE S� _ - - __ IXIST SB[TA RIM m PROTECT IN PLACE J 4 xf \ i 0 s AWITi 1 w ?,� 5 x ' , Szw -r s _ E' CONSTRUCTION NOTES. v _ ® SEE NOTE 1� 8 X 1 0 lOO j - �- 13' 5' I 25' w 1 5' w w w Do w w D Sx , A� SEE NOTE 1�� V � 3� 16 .• PLATFORM SEE PLATFORM PLANS SEE NOTE 4 -.i, lr p� ( 9�/ 2-2. 1' -2. PER SPPWC 00O PLAN © ,g / �'Y D ANDWALKWAY ® 112-2.- 113-2. AND DETAIL A ON CR00006 - - W 0 w ,w 0 3X �� �},{� ell � u e:.l' SDD 8 SD AN 15 SE I Ci PL4 1 _ LIGHTING SEE ELECTRICAL PLANS o o�' I SEE NOTE 5 1 r2 t 4 �{, '3M' \ `i EXIST CITY R/M \ YF Si+-, 0i RETAINING MALL SEE STRUCTURAL PLANS _ I - 0 INSTALL INTERTRACK FENCE - ,..el, ''. �✓'-.i ' -1 ® INSTALL BROOKS PRODUCTS 1212 T18 CATCH BASIN w/ HEEL PROOF STEEL GRATE 0R APPROVED EQUAL ®1 CONST. 4' HDPE STORM DRAIN a CONST. 6" HOPE STORM DRAIN v 0 CONST. CLEANOUT PER DETAIL 3 SHEET C500101 STATION OFFSET DESCRIPTION ELEVATIONS STATION OFFSET DESCRIPTION ELEVATIONS STATION OFFSET INSTALL NDS 1200 NGB CATCH 1 564.02.10 49.83 RT SIDEWALK 1446.13 FS 101 564+19.53 18.44 LT LUMINAIRE 1446.70 FS 209 564+25.15 41.07 RT DESCRIPTION STORM DRAIN ELEVATIONS BASIN OR EQUIVALENT 3 564+13.00 42.83 RT SIDEWALK 1446.10 FS 102 564+69.66 18.44 LT LUMINAIRE 1447.23 FS 210 565+24.16 44.75 RT STORM BRAIN 1442.50 INV ed 6 565+82.13 42.83 RT SIDEWALK 1447.25 FS 103 564+87.20 18.00 LT LUMINAIRE 1447.33 FS 211 564+80.29 41.60 RT STORM DRAIN 1442.40 INV 7 565+82.13 49.83 RT SIDEWALK 1447.36 FS 104 565+36.21 17.94 LT LUMINAIRE 1448.95 FS 212 564+80.29 45.04 RT STORM DRAIN 1442.00 INV 21 564+89.20 20.00 LT WALKWAT 1447.39 F5 105 565+72.21 17.97 LT LUMINAIRE 1449.13 FS 213 564+76.20 45.04 RT STORM DRAIN 1441.95 INV 22 564+89.20 10.00 LT WALKWAY 1447.37 FS 106 566+08.20 17.94 LT LUMINAIRE 1449.31 1441.91 INV FS 27 565+22.20 5.33 LT PLATFORM 1449.01 F5 107 564+19.53 41.43 RT WMINAIRE 1445.42 FS > 31 564+64.20 28.50 RT WALKWAY 1446.47 FS 108 564+46.17 41.50 RT LUMINAIRE 1445.51 N FS 564+64.20 42.83 RT WALKWAY 1446.33 FS 109 564+87.22 41.43 R7 LUMINAIRE 1446.39 F5 37 564+87.20 38.50 RT 0ALKWAT 1446.85 FS 110 565+56.20 36.36 RT WMINAIRE 1448.99 FS 42 565+22.20 23.83 RT PLATFORM 1449.01 FS 111 565+72.20 36.38 RT LUMINAIRE 1449.13 FS 112 566+08.20 36.36 RT LUMINAIRE 1449.31 FS 2/13/2019 \\OMPP-INPICS01\ICSforpOr\3137\996617_31\264 C\PMing, \ roeremFleef 061\COmmonnes\nterPol\II NOTES. 1. FOR SIGNAL IIPROVEIENTS SEE SIGNAL PLANS 2. FOR OFFSITE A TRACK DRAINAGE IIPROVEMENTS SEE TRACK GRADING 0 DRAINAGE PLANS 3. FOR ELECTRICAL IIPROVELENTS SEE ELECTRICAL PLANS 10 0 70 20 4. FOR ROADWAY IIPROVEIESTS SEE CIVIL PLANS SCALE: 1•=10' 5. FOR COMINICATIIHS UTILITIES SEE CON/INICATIOS PLANS oPL� HERNANDEZ San Bernardino County Transportation Authority 77-1001705 DRAWN L. HERNANDEZ +113"+ �- �� REDLANDS PASSENGER RAIL PROJECT DRAWINGCONTRT„O.. CHE°E° BYJACOUES - T10000 CS98103 SHAH HD �J769 REVL5IDH SHEET NO. ...WEB BY -1- F.D. : UNIVERSITY OF REDLANDS STATION 527 OF 2442 0 02-06-19 CONFORMED TJ SG R. KLOVSKT DATE 1ssilaznl�aoo .p *IVi SITE PLAN SCN-E RrV. DATE BY ADP 5-18-2018 -°""-"/ SHEET 1 OF 3 AS SHOWN SEE 1 SD SD SD LSD,-. SD SDNOTE 5D SD e CD CO _0_5x- _LP ATFORM A- = T. I - �,�_ _ - - - ' � I o CO W N N S66I+50 ' I 561+pp 567 CD H W S - W= . I MT-1 W W cO UD UD UO UD S CO Ly W CO x x x x COY UD UD x x x '®' UD UD UO x x x x- Ly, W W ■ T-2 - CO z _ _ - \ - `EXIST SBCTA 66+50- - = l/ I I- - = _ _= 1 !moo _- _ '�_- 56T+ z J - W i- - - -gi {¢ PLATFORM B- W' _ W K�' }� - Q O.SS I .i. W ,.,, 0 N W W etc_=e= -� Lid. - -0- ". ems- e - ^ o __ m 21 SD 50 5D 5D • 13.) SD SD SD SDI 50 ir CONSTRUCTION REMOVAL NOTES. < STATION OFFSET DESCRIPTION ELEYATIOa6 ( > STATION OFFSET DESCRIPTION ELEVATIONS REMOVE/RELOCATE EXISTING POWER POLE PER UTILITY PLAN (BY OTHERS] 8 556+82.15 49.83 RT WALKWAY 1449.60 FS 113 566+44.21 17.97 LT LUMINAIRE 1449.49 FS 9 567+34.55 49.83 RT WALKWAY 1449.90 FS 114 566+76.20 17.94 LT LUMINAIRE 1449.65 FS 62 566+82.20 38.83 RT PLATFORM 1449.66 FS 115 566+96.21 17.95 LT LUMINAIRE 1449.76 FS CONSTRUCTION NOTES. 63 566+82.20 42.83 RT WALKWAY STEP 1449.49 FS 116 567+20.20 17.95 LT LUMINAIRE 1449.87 F5 66 567+34.20 38.83 RT PLATFORM 1449.92 FS 117 567+40.21 17.94 LT LUMINAIRE 1449.97 FS • PLATFORM SEE STRUCTURAL 67 567+34.20 42.83 RT WALKWAY STEP 1449.78 F5 118 566+44.20 36.38 RT LUMINAIRE 1449.49 PLANS FS 1 203 567+47.76 45.04 RT STORMDRAIN 1444.70 INV 119 566+76.20 36.36 RT LUMINAIRE 1449.65 FS ®j CONST. 7" PCC WALKWAY PER SPPWC STD PLAN 204 567+37.76 44.25 RT STORWRA[N 1444.60 INV 120 567+08.20 36_36 RT LUMINAIRE 1449.81 112-2. 113-2. AND DETAIL A ON CR00006 F5 T; 205 567+36.84 40.83 RT STORIWIRAIN 1444.70 INV 121 567+40.20 36.36 RT LUMINAIRE 1449.97 FS Y: •.�•1. _ ty 206 567+36.84 43.33 RT STORMDRAIN 1444.6D INV ® LIGHTING SEE ELECTRICAL PLANS N _ 207 567+55.92 44.25 RT S70RIORAIN 1444.60 INV el,1- 208 567+25.92 45.04 RT S70RMDRAIN 1444.50 INV ®0 RETAINING MALL SEE STRUCTURAL PLANS - .- ®1 FOR INTERTRACK FENCE SEE FENCING PLANS NOTES. 18 INSTALL BROOKS PRODUCTS 1212 T18 CATCH BASIN 9m" W/ HEEL PROOF STEEL GRATE 0R APPROVED EQUAL 1. FOR TRACK AND OFFSITE DRAINAGE IIFROVEIENTS ©. CONST. 4" HDPE STORM DRAIN SEE DRAINAGE PLANS CONST. 6" HDPE STORM DRAIN iii CONST. CLEANOUT PER DETAIL 4 SHEET C500101 1,0 0 10 20 ^1O E yE INSTALL NOS 12125 NGB CATCH BASIN 0R EQUIVALENT SCALE: 1"-10' - - °dL Y HERNANDEZ���,�� San Bernardino County Transportation CONTRACT NO. 17-1001705 DRAW N BL. HERNANDEZ Authority / _. REDLANDS PASSENGER RAIL PROJECT DRAWING NO CHECKED BY ix. JACOUES CS98104 a=E A SHAH °6-4069 0 REVISION SHEET NO. ARED BY " w Rive i)� � UNIVERSITY OF REDLANDS STATION 5260F2442 D 82-06-19 UNFORMED rJ SG R. 610V5Kr ore Isers cIVIE��% SITE PLAN SCALE ni.aa �Y. DATE � 4PP. 5-18-2018 �° �'% SHEET 2 OF 3 As SHOWN E. PARK AVE ^^ SEE NOTE 1 SD SD SD SO SD SD SO SD IJ SO�J_ fk ['{!±I-7 So .2ni •\ -W- ® 4.7% CA �F 1 SO � 1 5 0 I J ISEE NOTE 1 50 • i• 568+00 I ''.\rr5��68a5 \ 1`5% L SEE NOTE 1l '-ct MT-1 J ID� 1/ / / . UD U0 m (/ UD UD UD UD x x x x x x INTERTRACK FENCE NOTE 1 Q MT-1 a rUD SEXIST SBCTA RAY qqq \ / o 24.5' EXIST SBCTA R/W ---_ __, I-___----_�-.. .._ 568,00 -- - _ -1-_- - /56845 � _ �_�_� I 3.4% SD s0 SD so sD�\ sR so sD -' 2z 11 -EXIST CITY Rn - - - y',y, - \ --- Ex[sr CITY R W NORTHING EASTING DESCRIPTION ELEVATIONS STATION OFFSET DESCRIPTION ELEVATIONS CONSTRUCTION REMOVAL NOTES. CONSTRUCTION NOTES. DRAINAGE 11 1844798.86 6814582.74 WALKWAY 1453.13 FS 46 568+26.05 33.33 RT WALKWAY 1450.44 FS 17 1844869.02 6814583.52 WALKWAY 1453.75 FS 47 568+26.06 38.83 RT WALKWAY 1450.39 FS 1!�U in REMOVE 125 1844869.98 6814555.34 LUMINAIRE 1453.12 FS 50 568+41.05 23.83 RT PLATFORM 1450.61 FS EXISTING POLE PLATFORM SEE STRUCTURAL PLANS c 129 1844809.87 6814554.79 LUMINAIRE 1452.72 FS 52 568+41.05 38.83 RT *PLATFORM 1450.90 FS i* At, CONST. 7" PCC WALKWAY PER SPPWC STD PLAN 200 1844804.18 6814534.26 STORM DRAIN 1445.95 INV 53 568+26.05 20.33 LT WALKWAY 1450.39 F5 112-2. 113-2. AND DETAIL A ON CR00006 - 201 1844838.69 6814532.64 STORM DRAIN 1446.30 INV 54 568+26.05 14.83 LT WALKWAY 1450.44 15 ANLS - SE AR HI CT PL 5 202 1844804.21 6814532.26 STORM DRAIN 1445.90 INV 55 568+41.05 20.33 LT *PLATFORM 1451.08 FS NOTES. ® LIGHTING SEE ELECTRICAL PLANS 57 560+41.05 5.33 LT PLATFORM 1450.61 FS N - 122 567+72.21 17.94 LT LUMINAIRE 1450.13 FS 2 RETAINING WALL SEE STRUCTURAL PLANS 1. FOR TRACK AND OFFSITE DRAINAGE IMPROVEMENTS 123 568+08.21 17.94 LT LUMINAIRE 1450.31 FS SEE TRACK DRAINAGE PLANS 0 CONST. CONCRETE PIPE INLET PER CALTRANS STD. PLAN a75n. TYPE _ 124 568,48.02 20.54 LT LUMINAIRE 1452.63 FS 2. FOR ELECTRIC SEE ELECTRICAL PLANS OCP 126 567+72.20 36.36 RT LUMINAIRE 1450.13 FS LONST. •" H,PE STORM DRAIN 127 568+08.20 36.36 RT LUMINAIRE 1450.31 FS V 0 CONST. CLEANOUT PER n7a 128 568+48.10 39.04 RT LUMINAIRE 1451.36 FS DETAIL 3 ON SHEET C500101 • PLATFORM ELEVATION EXCLUDES WALKWAY 10 0 10 20 ' SCALE: 1"=10' DESIGNEDL. HERNANDEZ Bernardino County Transportation Authority ty "° t7 10o17os PRAWNSan °L. HERNANDEZ /, -- REDLANDS PASSENGER RAIL PROJECT DRAWING DRAWING N0. CHECKED E TX A _ - JACOUES CS98105 SHAH . C6TT69 REVISION SHEET No. AWRA. °Y j D CA ��` .. - 9-T°2°2D UNIVERSITY OF REDLANDS STATION 52soFz4az 00 0 02-06-19 CONFORIED TJ Sc R. KLOVSKY rE °s, 20-7300 c9 oiYi SITE PLAN SCALE „ a:g REV. GATE ajo APP. 5-18-2018 �°`° j°'s SHEET 3 OF 3 As SHOWN 9.33' 10' 10' i HT-1 18.5' TL MT 2 10' 10' 4.33' 7' $IOEfN.F MOAT 9.25' NUKrsr PEWTER Feu>nx 7 25 x 6' CURB. GUTTER SIDEWALK SEE PARK AVENUE CURB IIPROVELENT PLAN AND PROFILE ®1 ®� iz I fff 1z I I_ ——------- ——_ s I —— _ 15 EXIST _ — _f GR011ND ■ 40141 SEE NOTE , SECTION I p� - Ol MOt 10 SCALE MT-1 15' 5.33' ti MT-2 18.50' 5.33' 154' 7' PLATFORM A 9.25'cc PLATFORM 8 PLANTER Mun*x 7.25' I 1Z W I 1% ® — % _ — — IZ EXIST • M.�. r I I r`r—i-' — GROUND i — — o _ / SEE NOTE 11 Il SECTION 7 U I ` NOTES. NOT TO sciLE O 1. FOR OFFSITE AND TRACK DRAINAGE SEE DRAINAGE ANO GRADING PLANS CONSTRUCTION NOTES. ^x m a1�4 ne PLATFORM SEE STRUCTURAL PLANS it 201 CONST. T' PCC MALXMAY PFA SPPVC 5T0 PLAN 112-2. 113-2. AND DETAIL A ON CR00006 I' IL5 - 5E AR I CT •-L PLI 5 ® RETAINING MALL SEE STRUCTURAL PLANS v61cRPoBY 1. HERNANOEZ Bernardino County Transportation Authority'= r. CONTRACT NO 17-1001705 - DRAMSan L. HERNANDEZ - r"' REDLANDS PASSENGER RAIL PROJECT DRAWING NO. _ ,. BY TH JACOUES C598401 A. SHAH HD 3 a REVISION SHEET N0. og_ Ro�v By e`n 2280 make N � cl CA 5.1 ," FoR 9.?V �..°m UNIVERSITY OF REDLANDS STATION 530 OF 2442 0 @-06-19 CONFORMED TJ SG R. KLDVSK7 u>rc (ysllsso-nw VI CISCA DETAIL PLAN E r�aa REV' GATE � OPP. 5-18-2018 �j°' SHEET 1 OF 2 As sNoya fL MT-1 fL M7-2 15' 5.33' 18.50' 5.33' 75' 4' 7' PufMav A 9.25' D4PIA 3 PLHOER VALXYAT 7.25' W 1Z O1 GROIINO _ • SEE YDE 1 SECTION u - SY m To scut I 3.9' 5' 49.2' 1 5' 4' 7' PLANTER I YALXYAY I 0 I �-- -- YRL1[Y09 PLANTER tIIRYAY GROUND _ 411. t = — SEE Ka CII Jam'/ CD ® CONSTRUCTION NOTES. SECTION nYa NOT ID SCALE •• PLATFORM SEE STRUCTURAL PLANS O V 0 CONST. 1' PCL MALKNAT PER SPPNC STD PLAN 112-2. 713-2. AND DETAIL A ON LR00006 AN. IL - SE • NI CT ' P 7 0 RETAINING WALL SEE STRUCTURAL PLANS NOTES. na 1 SEE OFFSITE � DRAINAGE AND GRADING PLANS PLANS PrvcxcPBY L. HERNANDEZ San Bernardino County i 3:s> CONTRACT NO. 17-1001705 BRAM x L. HERNANDEZ Transportation Authority .- r '- TN1 .. REDLANDS PASSENGER RAIL PROJECT DRAWING ND. m " JACOMES CS9B402 A.SHAH as EU REVISION SHEET NO. o$`p APPROVED � suit 9 w , � !0 ",, UNIVERSITY OF REDLANDS STATION 531 OF2442 0 02-06-19 CONFORMED SG R. FLOVSOT oA� ®� tsslrt zo-na tivl VI DETAIL PLAN SCALE Hi a� REV, DATE u.TJJ /gg APP. 5-18-2018 "°� SHEET 2 OF 2 A5 SHOWN EXHIBIT C Maintenance Schedule ITEM Landscape/Irrigation Trash Pickup and Cleanup Platform Washing Graffiti Removal Plumbing/Electrical Vandalism Repairs Storm Drain System (includes inlets) SBCTA Contract No. 20-1002255 FREQUENCY Twice Monthly Daily Weekly As Needed Annually and As Needed As Needed As Needed EXHIBIT D Detention Basin Maintenance Schedule and Plans SBCTA Contract No. 20-1002255 3090eetioh.A01y1tPas O Observe drain time for a storm after completion or modification of the facility to confirm that the dired drain time has been obtained. O Novi> established vegetation should tut inspected SQVUTAI. ii111 es to determin if a landscape maintenance (reseeding, irrigation, et(,) is necessar), O Inspect for upslope or adjacent contribil Mg sediment sources and ensure that pretreatnient sAisteras are in place O Inspect for the following issues differential accumulation of sediment, signs of wctne.is or damage to structures, erosion of the biusin floor, dead or dying grass on the bottom, condition of riprap, drain time signs of petroleum hydro fairbOb contamination, standing water trash and ,dcbris, sediment aectrintdat ion, siope stability, pretreatment device condition r'KeittteNtlince.ACtilifftii)s, NiCtEK5 responsible for clogging should be r paired immediately Romove invasive irve e its once monthiy during the first two grown lg soon, O Stabilize eroded banks, with erosion control mat or mulch and revege tato O Repair undercut and eroded areas at inflow and outflow strtictures, O Maintain access to the basin for regular maintenance activities, Cl Mow ON appropriate for vegetative COM' species. O Monitor health of vegetation and replace as necessary • Control mosquitoes as necessary 0 Remove litter and debris from infiltration basin IITN as requited. O Trim vegetation, to prevent establishment of woodv vegetation that decreases storage volume El Mow nal remove gVit9 clippings. litter, and debris, 0 Replant eroded or barren spots to prevent ierosion and accumulation of sediment O Scrape bottom and remove sediment when accumulated sediment, reduces original infiltration rate 'by 25-51.,04,,, Restore original cross-section and infiltration rate Properh dispte. sediment, O Seed or od to restore ground cover O Disc or otherwise aerate bottom Dethatch basin bottom, !0.9101.0.0. Pot construction and senti-annually (beginning and end of rainy season} SonimnttHy end ft'r oxtrem events :*ktifje.410 Immediately Monthly during growing Jenson Standard Ina intertance (as needed) SelirinuLi] 3-5 Year inabitenanc,e If there are actual signs of clogging or significant loss of infiltrative capacitv the follmving maintenance activities should be considered. o Meehanicall) de -thatching and/or aerating the top soils along the skies and bottom of the basin, o Tilling or dicing to swrify the bottom of the basin Sep e bor , 14 CPifcrnia Etormwatet IMP Handbook Industrial and Corn rrercias www.cusqa.org or4 CONSTRUCTION NOTES. _ \ E„:, 61 CONST. END TREATMENT W/ 14 X5/16 THICK STEEL MALL PIPE (NON-PERFORATEDI \ '^Hr µ—� 55 Elrtn PER AEEROLINK STD 4201 \ 64 CONST UNDERDRAIN CLEANWT PER DETAIL ON DRAWING C000049 µ SYLVAN BOULEVARD_ SS W lr A -r 000NST 12 PERFORATED HOPE UNOERORAIN PIPE PER DETAIL ON DRAMING 0000049 ` 10 CONST MANHOLE PER DETAIL ON DRAWING C000063 \ CALTRANS R/N 14 CONST 18 CIF (14 GAUGEI ", •• ''"' \. '- // 1 ' s`eLo vZol '/ ' ObecE `�� EAST wu —� \ \ �`�F r\ \" " �.. AF '^ �10.00INv \ "•N.. FKq \ Cik y' M�� 1 + A,, N PARK AVENUE \ \ %' 551 +00 01 9.25' Lt. EL MT - EXIST SCTA / L_-- • CALTRAMS UN 55 5q pp 25 ;� ) PHA TCE �'� \ 9. t. a WY \ `�`� I t:•V (' '-',\ 64 Sd23Ij3 t. (L -I- E%IST SBCTA R/'Y INV9 `v 0.8i + aJ : EARTHEN DITCH • _ 1 UD 29-1 c." `\ ",\ \\."•, •"" 1 L SEE TRACK PLANS :�� \ _ — — CO CD ,.,.ill. �4 1 1� ry UO UD � i ! . — —. � ✓y o C7 sr an �NN�fi llrillir - _'-- - tee, - " `oE. ' z CD W -� BRIDGE 66 15 I I\\ S' 1\\.E%IST -- W = U EXIST S BCTA R/N 50� 50 . _ I --��- \ A. '-. ' - �,Y _ ®S ' `'Pflm EASEAENi����� .^^� SBCTA R/W \��a�- �"_ __PROP . \� (.� N Q sems mop SBCTA R/W i _ ^ ® EASEMENT �I \ ��' / � �ti �_ SBCFCD R/M ",,.,,_ \ \\ � / 1 \ 'EXIST UPRR PROP TCE / PROP EASEMENT I0 0 \I \' \ P ~� r"�. CAL TRANS RiN` / 1 A.RA. ,. \ E% 30 RCP4�.• 1 T PROP SBCTA R/W / / PROP TCE / NSP is / �Lt tiP SBCFCDR/W f \ LEGEND. / L� '�� , I / / � (81198NS R/W \ -r - - - _� DITCH ¢ CURVE DATA I `° 40 0 40 BO ...... \� - = .�....1 CHANNEL ELM DIRECTION ( RADIUS 0 LENGTH TANGENT / r- 1- T T 1 PLAN \ 1O 200.00' 21 25'01' 74 76 37 82 I SCALE: 1'=40 _ .. - .. 105-29 OUEI . - ai 1440 m i Q Sim. II z _ 1430 .. _.. _ v; 2C FG Y n:n gNo ry �i'. 100-Y. OG / v MUD _- L -- 1410 _ 6 = 0.0100 1410 Q .-go- e. Sfie '`u32 1400 1390 OG 185 9 LF 18 LAP 296.0 LF 18 CAP 0 { - 217 9 LF Pam. m� 18 CAP i 5i m _ 199.0 m LF 18 CRP f 14D0 oY3 .C' 1380 _ _�...._ _... '-Z.5'LFS' -V . 1 4 FPS _.. 2.5 Ms.' .V 0 1W Iro 0,00= 100=. 3.0 FPS --- —' "O jyp=2.5 WS Vlpp= 7.8 FPS 01pp= 2:5 CFS Vtpp= 3.6 FPS 1390 1380 7 o 0+00 1400 2000 3+00 4+00 5+U0 6400 7+00 8100 9.00 10+00 NOTE' ELEVATIONS FOR UTILITIES DENOTED gn'-e e PER FINAL MZC HEC-RAS 20 HYDRAULIC PROFILEPNOFILE AWITH 1 SEE TRACE PLANS FOR DITCH ANALYSIS PREPAREO BY H0R AN ASTERISK ARE FROM INC PEA PROVIDEDMON BY VID 14/ 0 PROFILES AND SECTIONS ASSOCIATES EVANS AND INC PERFORMED ON 86/14/2017 OE El CONTRACT 1T 1001T05 a a� R AFSHARCounty ®San Bernardino TransportationAuthority ., REDLANDS PASSENGER RAIL PROJECT pRAWING N0. O. Ax•wx pr 0 W. STEBOK /+'0> CD00042 a"s li CHECKED BY ie N NARROLD MOR REVISION SHEET NO. "' eq ^^��°E APPROVED F,� °� a °CA; t_,,,a TRACKGRADING G DRAINAGE PLAN 285 OF 2442 o, ni uu 0 02-06-19 CONFORMED SG KLOVSKY DATE ssI/xzo.730o ��& STA 543+00 TO STA 554+00 SCALE NOR. 1'.40' REx. DATE "'TJ 5yp MP. 5 18 207e L aa0 vER: 1%10' 5 5 1450 1430 s 1420 n�o 1400 N 0 O Q O O J CD 11.1 LU CO 2 71 64 LW CONSTRUCTION NOTES. 24 CONST 8 PERFORATED HDPE UNOERDRA(N PIPE PER DETAIL ON DRAWING C000049 25 CONST B NON -PERFORATED HOPE PIPE 27 CONST 24 RCP (3000-01 33 CORST 18 RCP (3000-01 39 CONST INLET APRON PER DETAIL ON DRAWING C00D052 44 CONST CONCRETE FLARED END SECTION PER CALTRANS STD 094E TYPE A 59 CONST CONCRETE COLLAR PER SPPWC STD PLAN 380-4 64 CONST UNOERORAIN CLEANOUT PER DETAIL ON DRAWING CD00049 EXIST SBCTA R/W DS-29 OUT STA 10+U9.70 SEE SHEET C000042 FOR PROFILE J.., �PNOPOSED SBCTA R%N 142.E LF 24 RCP 13000-01 W/WATERTIGHT JOINTS 0,00= 20.4 CFS V100 q 6.5 FPS 1+00 2+00 3+00 65 CONST TYPE 01 DRAINAGE INLET PER CALTRANS STD RAP D738 66 CONST 12 NON -PERFORATED HOPE PIPE 60 CONST 12 PERFORATED HOPE UNDERDRAIN PIPE PER DETAIL ON DRAWING C000049 73 CONST CURB OPENING CATCH BASIN PER SPPWC 0300-3 W=3.5 78 MIST JUNCTION STRUCTURE PER SPPWC STD PLAN 331-3 91 CONST BASIN RISER PER DETAIL ON SHEETS C000047 A. C000048 92 CONST FULL AC PAVEMENT SECTION 0 CONST MANHOLE PER DETAIL ON DRAWING C200063 130 EXIST SBCTA R/W 10 CONST INSERTA TEE CONNECTOR OR APPROVED EODAL 0 CONST DETENTION BASIN Q CONST CLASS II RSP PER DETAIL ON DRAWING C000052 14 CONST 18 Cif 114 GAUGE/ 13 CONST 24 RCP 12000-0) EXCAVATION AND BACKFILL PER CALTRANS STD A620 13 CONST 24 RCP 13000-01 WITH WATERTIGHT JOINTS - �1 wr,�l�ll�m T \ I.36. 9.25 Lt M7� - 9+�49. ,t C MT� SS 1434.5 �1434.59 SyV 55 143096.63 9.25 Lt. CL Mi 1430.68 INV 64 PROP EASEMENT N ���sy I�wu .iti- I� �� _�t'1 ...1A 3fie7 fb SLIILIgui'JIar ►1 Mi 2 TAN E '�I• - - 56 .1. 5 9.25L1. C Mi 1 //����II,I��� Ti= T•L ^�I� EXIST UPRR R/W 1 I . ' PROP T R^ "I ki II US ill .fa- -PROP EASEIENT- 0 564 1 t t. PROP SBCTA R/W PLAN DISPOSITION NOTES 11 ENCASED BY EARLY UTILITY PLANS 14 RELOCATED BY EARLY UTILITY PLANS 10 `4 AC/ 4' AB COMPACTED NATIVE SECTION B-B 226.9 LF 24 RCP 12000-01 Otm 19.0 CFS Vt00=' 9.8 FPS D5 4+00 5+00 RADIUS CURVE DATA 73 12'31.42' 18 13 16 79 18 13 35 13 LENGTH 10' i� SPILLWAY A 1, 4 AC/ 4 AB COMPACTED NATIV SECTION C-C 294.3 LF 24 RCP 12000-01 29 0100- 19.0 CFS V,110= 9.0 FPS 6+00 PROF ILE 7+00 TANGENT 8+00 77'9.25'Lt NOTES' 1 SEE TRACK PLANS FOR DITCH PROFILES AND SECTIONS. 2 SEE DRAWING C000066 FOR THE LOCATION OF THE STA/OFFSET OF DRAINAGE STRUCTURES 1129 1 SEE II»Y" PROFILE ON MIMI EET C000044 v11:l:: rlgj +,il , re CL MT-1tF-`t1 1442.33 INV 0 ROP TCE EXIST CITY R/6 40 0 40 SCALE: NORTH UNIVERISTY STREET 131 2 LE 24 RCP -- m^ '`^ (2000-01 42: -LF. 01W= 13.3 CPS 1410 66.9'EF.24 RCP - 24' RCP Vtm= 17.1 FPS - - - - T2000-01 12000-01 192.0 IF 24 RCP (2 00-01 / 0100 18.6 CFS 0 00= 8.6 CFS 0,00= 15.9 C S Vyb= 11.2 FPS V m= 3.9 FPS V100= 11.5 FPS 1400 9+00 10+00 W PROFILE ELEVATIONS D NOTED WITH AN ASTERISK ARE FROM GPR DATA PROVIDED BY DAVID EVANS AND ASSOCIATES INC PERFORMED ON 06/14/2017 + Ln L. CD C 0 0 Q 0 T j0 0 � U M C01 CD J w N U 80 1450 1940 1420 0 02-06-19 CONFORMED TJ 5G REV. DATE DESIGNED 0, R AFSHAR RA M STEaOW cxEcmeO erM. HARROLD APPROVED e00 WL0V52Y 5 18 2018 ® San Bernardino County Transportation Authority OR vnbCA OSS01 100 10 195113204300 I RyOFESS^r044 o OE REDLANDS PASSENGER RAIL PROJECT TRACK GRADING & DRAINAGE PLAN STA 554+00 TO STA 565+00 CONTRACT N0 17 1001705 DRAWING N0. CD00043 REVISION 'SHEET NO. 286 OF 2442 SCALE NW VEIT: 1..10. r I I-1 .41-`ti u , o CONSTRUCTION NOTES. CURVE DATA .. 1 p, _ _ J c.nc �� 17 CONST CURB OPENING CATCH BASIN PER SPPWC STD PLAN 300-3 W=21 0 RADIUS .7 LENGTH TANGENT 6 a a 0C0N5T UNOER0RAIN CLEANOUT PER DETAIL 45 44 40'26.96 35.09 18.49 ,� I -I ON DRAWING C000049 0 22.5' 5 45 37'58.46 17 92 9.47 1 / \ O (;! 68 CONST 12 PERFORATED HOPE UNOERDRAIN PIPE PER DETAIL ON DRAWING C000049 NOTES. 4.- _IT-1 ,,rr Cam.. -i1 . -0.> III C} I!' 4 / CONST MANHOLE PER DETAIL ON DRAWING CD00063 / 1 SEE TRACX PLANS FOR DITCH PROFILES AND SECTIONS 1 U{135 .- CONST 24 RCP 12000-01 EXCAVATION AND BACKF ILL PER CALTRANS STD A620 2 SEE DRAWING 529-�4 p g�3 I i. 0) 1 ®� 11�11• _ II-'- COD0066 FOR THE STA/OFFSET OF DRAINAGE STRUCTURES LOCATION OF THE �21B0�INv/' 64 r. 41 It D00043 STA 565+00 EXIST SBCTA R/W _ . r ®' EXES ' _ Y fl/W _ ,F' 41 - a y /' ./ / '1 f` j r '1 .: .;T, WF����IWA�MM�lrllM �� i ._. .,. �r _-�_ l 1 EXIST SBCTA R/W \ [},4'..✓r' ..!� ��--++�� � 1 S. -..,�.,- _.-�--..ma >C_LI iE _ - .. I17F rO- �r I ��/ /� 7'0114 F\t!'I -y _ 1� - ' W- u - ' ' ._ r t. O N� E% CULVERT +-, ' T PA•K %4V U sD ti o, so s '-'� ',.. A a�'11l'h. v sm�Nsc�u '1 a vp� ti a _/ st .., a ss ` �4sv � 1! In 1 NtmwEttmr- ®�� 566 11 5611 - IfhliMh 1 c9 -uD Db-� U0 °P °D �•MI° N a fJ © EJ vo<�n 4a Qom=e��z��s� -uD� © ©- Asp �� o w _ .�m® _ III !II _ - - - - - - Gal o N1A r wJ •Y.•1.� - - -SRrrt� !M w ' �Am� �.. H \ ,I NT 2 • \s m R .. 7. 5 RT IAT-� • .en .... ., _... .. . g O. N < UD 29-5 7. RT .rir 1 POOP SBCTA EXIST UPRR R/W �' N II R ,. 1 0cp d C EXIST UPRR R/W i -1 1. A.A. N, flR I GAT . 1 `J _ \ :� Fes} ry I - �f i-f { ,,�N _1 4[--vfl) mo\S ^ QOU r"`.40 v+' I. i L.:-")/1 j/VJyJ 1 I PLAN / ') i� II i'' \}/` V / \ �')/ p Irl I. II SCALE. 1'.40 s• D: 1450 o r v T. HGL __- _ _ _ "5- n e - uir ix HGL _. - -.- -. -_ �. �P - FG = n =�� ¢ MT 2� Q I I Q rEi Q Dc '• n 1450 Q __� -.-. _+ 44 -` e: -_ - __FC • n N 1440 U TEL ➢U - HG S = 0. D200 • rm ''� HGL 5n -S = p CO C7 _- r-_ N - SE NEfl DU m OG ,;; � 0.0100 ,,,_ L.- = OG 1440 LIJ ie T� __ T _ m ! a Y i - z _ ''. S = 0.1316 HGL 5 0.0600 1420 J , _ ,.. IT+ �,� - i a -. _ - .__-'� 12.5 LF 18 RCP 1�30 _--.-_ 83.5 LF-113 -- m. L 13000-01 1420 m'' xra�Vlm 1410 192.0 LF 24 RCP 12000-01 191 5 LF 24 RCP 12000-07 68.8 LF 24'-RCP i 1 RCP 13000-01 01m = 2 7 CFS = 6.4 FPS I _ m n Y Y Y Olm = 15 CFS - -- - V,. = 4.0 FPS Otm= 15.9 CF5 Ono. 15.9 CF5 . -- 12000-01 --J, 4.2 - LF 18' CP 41 9 LF 18' RCP -- - -- ___ 1410 m3 Vtm= 11 5 FPS Vtm= 9.3 FPS , 1 0S-29 1 Om= 15.9 CFS Ytm= B 7 FPS ILAT 29 II .. Otm 13000-0] = 1 4 CFS ILAT 2 -21 73000-01 0tm = 1.3 CFS �LAi 29-3 1 EYE ® 1400 Vtm I = 0.9 FPS Vtm = 7.6 FPS 1400 NI. ": 12400 13400 14400 15400 1.00 2400 1400 1100 PROFILE RESIDED " CONTRACT NO. 17-1001705 ?74 R. AFSHAR 0 San Bernardino County Transportation Authority ..0 0 REDLANDS PASSENGER RAIL PROJECT DRAWING NO. DnAw BY VI STEBOK C000044 m 1f:l HECNEO �M. . ~ �En.a s HARROLD O o REVISION SHEET NO 3o'y^°' APPROVED �,� ;oad PHA '°° TRACK GRADING & DRAINAGE PLAN z870F 2442 0 02-06-19 CONFORMED TJ S6 KLOVSKY BATE ID511 D]o-1wD "'A,i°•' STA 565+00 TO END SCALE HORT 1 •40' REV. GATE 4RP. 5 18 2018 VER t'=10• EXHIBIT F Drainage Easement Covenants and Restrictions SBCTA Contract No. 20-1002255 RECORDING REQUESTED BY SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY 1170 W 3rd Street, 2nd Floor San Bernardino, California 92410-1715 WHEN RECORDED MAIL TO SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY 1170 W 3`d Street, 2nd Floor San Bernardino, California 92410-1715 APN(s)• 0170-191 39-0000 EXEMPT FROM RECORDING FEES PER GOVT CODE §27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV & TAX CODE § 11922 EASEMENT DEED Grant of Easement for Drainage, Detention and Access FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the University of Redlands, an IRC section 501(c)(3) nonprofit corporation (hereinafter referred to as "Grantor") does hereby GRANT and CONVEY to San Bernardino County Transportation Authority ("Grantee"), and its successors and assigns, a permanent easement for drainage, detention and access purposes as set forth in this Easement Deed (hereinafter referred to as this "Easement"), over, above, on, under, in, across, along and through that certain portion of Grantor's real property as described below, in accordance with the terms and provisions of this Easement. RECITALS A. Grantor and Grantee are the owners of two adjoining parcels of real property located in the City of Redlands, County of San Bernardino, and State of California. B The parcel owned by Grantor is known as San Bernardino County Assessor's Parcel No 0170-191-39-0000 and is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Grantor's Property") Grantor's Property is sometimes also referred to in this Easement as the "Servient Tenement" C The parcel owned by Grantee is more particularly described in Exhibit B, attached hereto and incorporated herein by this reference (the "Grantee's Property") Grantee's Property is sometimes also referred to in this Easement as the "Dominant Tenement" D Grantee's Property is part of the railroad corridor owned by Grantee, and upon which Grantee is currently constructing the Redlands Passenger Rail Project (the "Project") E. Grantor's Property is currently vacant; however, Grantee intends to construct a detention basin and related appurtenances (the "Detention Basin") on Grantor's Property as part 57772113.v10 of its construction of the Project (the "Detention Basin Easement Area") Grantee further intends to construct and install drainage pipelines (the "Drainage Facilities") on, under, across and through Grantor's Property, to allow surface and storm water from Grantee's Property to drain into the Detention Basin (the "Drainage Easement Area") F Grantor has agreed to grant a Detention Basin Easement and Drainage Easement in favor of Grantee and Grantee's Property, over, across, under and through Grantor's Property, together with a right of access to enter upon Grantor's Property for the purpose of performing activities related to the detention basin and/or drainage facilities thereon ("Access Easement"), subject to the terms and conditions set forth herein. THE EASEMENTS 1 EASEMENTS 1 1 Grant of Detention Basin Easement. Grantor does hereby grant and convey to Grantee and its successors and assigns in ownership of Grantee' s Property for the benefit of and as an appurtenance to Grantee's Property, a perpetual, non-exclusive easement on, over, upon, under, across and through Grantor's Property for the purpose of directing, discharging, collecting and detaining in the Detention Basin any and all storm and surface water emanating from Grantee's Property and further, if and to the extent Grantee should need to conduct any service, repair, maintenance or replacement of the Detention Basin pursuant to Section 2 4 below, for the purposes of servicing, maintaining, repairing and replacing the Detention Basin. In connection therewith, Grantor agrees to accept and detain in the Detention Basin any and all such storm and surface water emanating from Grantor's Property 1.2 Grant of Drainage Easement. Grantor does hereby grant and convey to Grantee and it successors and assigns in ownership of Grantee's Property for the benefit of and as an appurtenance to Grantee's Property, a perpetual, non-exclusive easement on, over, upon, under, across and through Grantor's Property for the purpose of concentrating, directing and transporting any and all storm and surface water emanating from Grantee's Property into and through the Drainage Facilities to the Detention Basin and further, if and to the extent Grantee should need to conduct any service, repair, maintenance or replacement of the Drainage Facilities pursuant to Section 2 4 below, for the purposes of servicing, maintaining, repairing and replacing the Drainage Facilities. 1.3 Grant of Access Easement. Grantor does hereby grant and convey to Grantee and it successors and assigns in ownership of Grantee's Property for the benefit of and as an appurtenance to Grantee's Property, a perpetual, non-exclusive access easement on, over, upon, under, across and through Grantor's Property for ingress and egress purposes to and from Grantor's Property for service, repair, maintenance or replacement of the Detention Basin or Drainage Facilities, or for emergency purposes related to the Detention Basin or Drainage Facilities. 1 4 Covenants Running with the Land. This Easement and all terms, provisions, rights and obligations set forth herein shall be binding upon each party and its respective successors and assigns succeeding to any interest in the Dominant Tenement or the 57772113 v10 Servient Tenement. The Detention Basin Easement, the Drainage Easement and the Access Easement shall be appurtenant to and for the benefit of the Dominant Tenement and shall run with the land. Any conveyance of Grantor's Property, or any portion thereof, shall be subject to the easements, covenants, conditions, representations and restrictions contained in this Easement. Therefore, the term "Grantor" shall mean and include the owner of Grantor' s Property from time to time, and the term "Grantee" shall mean and include the owner of Grantee's Property from time to time 1 5 Perpetual Easements. The Detention Basin Easement, the Drainage Easement and the Access Easement are each granted in perpetuity 1 6 No Interference with Grantee's Use of the Easements. Grantor's use of Grantor's Property may not disturb, disrupt or interfere with Grantee's use or occupancy of, or access to and from, the Detention Basin or the Drainage Facilities. Further, Grantor shall not allow any use of Grantor's Property which would disturb, disrupt or interfere with Grantee's use or occupancy of, or access to and from, the Detention Basin or the Drainage Facilities. 2 CONSTRUCTION AND MAINTENANCE 2 1 Construction of the Detention Basin and Drainage Facilities. Grantee intends on completing construction of the Detention Basin and Drainage Facilities servicing Grantee's Property on or before February 10, 2021, in conformanace with the plans attached hereto as Exhibit D and incorporated herein by this reference (the "Construction Plans") Said construction is the sole responsibility of Grantee and Grantee shall bear all costs associated therewith. However, Grantee is not responsible for the construction of any other drainage pipelines, and shall not pay for the cost of constructing any other drainage pipelines, that may connect to the Detention Basin beyond those particular Drainage Facilities servincing Grantee's Property, other than those shown on the Construction Plans. 2.2 Maintenance Grantee, for itself and its successors and assigns, agrees to maintain the Detention Basin and the Drainage Facilities within Grantor's Property upon the granting of this Easement. The responsible party, as may be modified pursuant to Subsection 2 3 below, agrees to maintain the Detention Basin and Drainage Facilities within Grantor's Property as set forth in the Provisions for the Maintenance and Use of the Detention Basin and Drainage Facilities attached hereto as Exhibit C and incorporated herein by this reference (the "Maintenance and Use Provisions") Maintenance of the Drainage Facilities that lie within Grantee's Property shall be Grantee's sole responsibility 2 3 Modification to Detention Basin or Drainage Facilities. Neither Grantor nor Grantee shall make modifications to the Detention Basin or Drainage Facilities without first obtaining prior written consent of the other party Said consent shall not be unreasonably withheld provided that requestor of said consent demonstrates that the Detention Basin and Drainage Facilities as modified will, at all times, satisfy the terms, provisions and requirements set forth in a Municipal Separate Storm Sewer System permit or other such prevailing document as may exist at such time said consent is requested, including but not limited to preserving existing water storage and treatment capacity, in addition to complying with all applicable laws, ordinances, rules and 57772113 v10 regulations of any governmental agency or authority having jurisdiction over the management and treatment of storm and surface waters Grantor and Grantee mutually agree for themselves, their successors and assigns that as a condition of consent to substantially modify the Detention Basin or Drainage Facilities, the requesting party shall assume responsibility for the maintenance of such modified facilities and the cost of said maintenance, except for minor modifications which do not materially affect the maintenance costs of the Detention Basin or Drainage Facilities. 2 4 Failure to Adequately Maintain Detention Basin and Drainage Facilities. In the event that the maintenance obligations are modified pursuant to Section 2 3, and the Grantor should fail to adequately maintain the modified facilities in accordance with this Easement and/or the Maintenance and Use Provisions, Grantee shall have the right but not the obligation to service, maintain, repair and replace the modified facilities, and seek reimbursement from Grantor for any costs and expenses associated with said service, maintenance, repair or replacement work, which costs shall include administrative time spent on performing said work, and Grantee's overhead for same If there is a disagreement as to the maintenance or repair work that must be completed, Grantee will be allowed to make any repairs or conduct any maintenance that it deems urgent and/or necessary, as set forth in Subsection 2 5 below 2 5 Emergency Repairs. Grantee shall (and may, without first obtaining Grantor's consent) have the right to make such repairs and take such other actions as are reasonable and necessary to address any emergency situation relating to the existence, use, operation, maintenance or repair of the Detention Basin and Drainage Facilities, or the modified facilities as described in Section 2 3, in the event (but only in the event) such emergency situation arises out of, results from or relates to the existence of, or Grantee's construction, use, operation, maintenance or repair of, the Project and/or the Drainage Facilities within Grantee's Property The purpose of this Subsection 2 5 is to permit Grantee to immediately address emergency situations without first obtaining Grantor's consent; however, Grantee shall, nonetheless, attempt to contact Grantor as soon as reasonably possible and advise of Grantee's actions and proposed actions to address the emergency situation and/or results thereof and Grantee shall, to the extent reasonably practicable, seek Grantor's consent to Grantee's actions. 3 GENERAL PROVISIONS 3 1 Severability A determination by a court that any provision hereof is invalid for any reason shall not affect the validity of any other provision hereof. 3.2 No Forfeiture. Notwithstanding any contrary provision of this Easement, the easements, rights and privileges granted and conveyed in this Easement are intended to be independent of any contractual agreements or obligations of any party hereto and a breach or default by any party hereto of any duty or obligation under this Easement shall not cause or result in the forfeiture or reversion of any such easements, rights or privileges 3 3 Governing Law This Easement shall be governed by and construed under the laws of the State of California. 57772113,v10 3 4 Modification. This Easement may not by modified, amended or terminated except by execution and recording of a written instrument signed by Grantor and Grantee, or by their respective successors. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below Dated. GRANTOR. UNIVERSITY OF REDLANDS, a California nonprofit public benefit corporation By Name• Kevin Dyerly Its Vice President for Finance/CFO By Name• Michelle L. Rogers Its Vice President for Administration 57772113 v10 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (SEAL) 57772113.v10 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) This is to certify that the interest in real property conveyed by this Easement Deed to the undersigned San Bernardino County Transportation Authority ("SBCTA"), the provisions of which instrument are incorporated by this reference as though fully set forth in this certificate, is hereby accepted by the undersigned officer on behalf of SBCTA pursuant to authority conferred by the San Bernardino County Transportation Authority's Board of Directors, Agenda Item 12, adopted on June 5, 2013, and the Grantee consents to recordation thereof by its duly authorized officer Description/ identification of real property. San Bernardino County Assessor's Parcel No 0170- 191-39-0000 Dated. By. Carrie Schindler, PE Director of Transit and Rail Programs ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (SEAL) 57772113.v10 EXHIBIT "A" TO GRANT OF EASEMENT FOR DRAINAGE, DETENTION AND ACCESS LEGAL DESCRIPTION OF GRANTOR'S PROPERTY [APN(s) 0170-191-39-000] [attached behind this page] 57772113 v10 Exhibit "A" Parcel 1 Lot 10 and those portions of Lots 5 6, 7 8, 9 19 and 20, Block "H" of Lugonia Park, as shown on map recorded in Book 4 of Maps, Page 50 records of said County, described as a whole as follows: Beginning at the intersection of the North line of said Lot 5 with the East line of the West 20 feet of said Lot 5 thence along said East line, South 0° 18' 29" East 26.20 feet; thence South 60° 28' 02' East 668 77 feet to the East line of said Lot 19, distant along last said East line North 0° 16' 25" West 150 07 feet from the Southeast comer of said Lot 19; thence along last said East line and th e East line of said Lot 10 North 0° 15' 25" West 349 58 feet to the Northeast comer of said Lot 10. thence along the North lines of said Lots 5 to 10, inclusive, North 89° 22' 52" West 580 39 feet to the point of beginning. Excepting therefrom all minerals, oils, gases and other hydrocarbons whatsoevername known that may be within or under the parcel of land hereinabove described, without, however; the right to drill, dig or mine through the surface thereof. Parcel 2 An Easement for right to operate vehicles over described property for access as described in Easement deed recorded on August 23, 1963 in Book 5975 Page 761 of Official Records. EXHIBIT "B" TO GRANT OF EASEMENT FOR DRAINAGE, DETENTION AND ACCESS LEGAL DESCRIPTION OF GRANTEE'S PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, A PORTION OF THE LANDS GRANTED TO THE CALIFORNIA CENTRAL RAILWAY DESCRIBED IN THAT CERTAIN INSTRUMENT RECORDED IN BOOK 67 OF DEEDS, PAGE 312, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS THE PORTION OF PARK AVENUE ADJOINING LOTS 5 THROUGH 14, INCLUSIVE, BLOCK D, LOTS 12 THROUGH 22, INCLUSIVE, BLOCK E, LOTS 5 THROUGH 14, INCLUSIVE, BLOCK H, AND LOTS 1 THROUGH 11, INCLUSIVE, BLOCK I OF MAP OF LUGONIA PARK, AS PER MAP RECORDED IN BOOK 4 OF MAPS, PAGE 50 57772113.v10 EXHIBIT "C" TO GRANT OF EASEMENT FOR DRAINAGE, DETENTION AND ACCESS PROVISIONS FOR THE MAINTENANCE AND USE OF THE DETENTION BASIN AND DRAINAGE FACILITIES [attached behind this page] 57772113 v10 EXHIBIT C Infiftration Basin 1114113M:0Q MISS r -letovr-v TC-11 0 Observe drain time for a storm after completion or modification of the facittY' to Confirm that the desired drain time has been obtained, L Newly established vegetation should be inspected several times to determine if an) landscape maintenance (reseeding, irrigation, etc ) is necessiny 0 Inspect for upslope or adjacent contributing sediment sources and ensure that pretreatment systems are in place O Inspect for the following issues: differential accumulation of sediment signs of wetness or damage. to structures, erosion of the basin floor, dead or dying grass on the bottom, condition of riprap, drain time signs of petroleum hydrocarbon contamination standing water trash and debris., sediment accumulation Mope stability, pretreatinant device condition - • .-rolu*.h3:;A:IAT,f+, riccActiv a 5., CI Factors responsible for clogging, should be repaired immediately . 4 Post construction and s e tura lly (beginning and end of rainy season) .-- ,..t ,1. -,.., O Remove invasive weeds once montlibr' during the first two growing seasons. O Stabilize orrided banks with erosion control mat or mulch ante revegetate • Repair undercut and eroded areas at inflow and outflow structures, Cl Maintain access to the basin for regular maintenance activities. 0 Mow as approPriate for vegetative cover species. 0 Monitor health of vegetation and rullace as necessary O Control mosquitoes as necessary O Remove litter and debris from infiltration basin area as required. O Trim vegetation to prevent establishment of woody vegetation that decreases storage volume CI Mow and remove grass clippings. litter, and debris. (=I Replant eroded or barren spots to prevent erosion and accumulation of sediment ID Scrape bottom and remove sediment when accumulated sediment reduces original infiltration rate I)), 251046, Restore original cross-section and infiltration rate proper -Iv dispose of sediment ID Seed OC Sod to restore ground cover CI Disc or otherwise aerate bottom 0 Dethatch. basin bottom, Semi-annually and after extreme events tad 1-0^, inidiitcl Monthly during growing season Standard maintenance (as needed) Semi-annual 3-5Year maintenance If there are actual signs of clogging or significant loss of infiltrative capacity the following maintenance activities should be considered o Mechanically de -thatching and/or aerating the top soils along the sides and bottom of the basin o Tilling or dicing to scarify the bottom of the basin September 2.014 California Stormwater BMP Handbook Industrial and 'Commercial www.casga.org 2014 EXHIBIT "D" TO GRANT OF EASEMENT FOR DRAINAGE, DETENTION AND ACCESS CONSTRUCTION PLANS [attached behind this page] 57772113 v10 CONSTRUCTION NOTES \ 61 CONS7. END TREATMENT W/ 14"X5/16' THICK STEEL WALL PIPE 1NON-PERFORATEDI ! ~ MJ--� S' -- PER METROLINK STD. 4201 \ 64 CONST. UNDERDRAIN CLEANOUT PER DETAIL ON DRAWING CD00049 \ '-� [,b' '' `Ci�W W 55 _ SYLVAN BOULEVARD i L ` 68 CORST. 12" PERFORATED HOPE UNOERDRAIN PIPE PER DETAIL ON DRAWING CD00049 ` -,, / CONST. MANHOLE PER DETAIL ON DRAWING CD00063 C CALTRANS RA,� 14 CONST. 18" CMP C14 GAUGE) � l �p F % ��/ / ,__--r"---- / �- PNAPi �, `�0' se°FC0 ,LC', Z v0 1n .o :- EAST -7- L� ®\ 1,. 1 q \� 1410.00 INV fF*4? "\�• ALL 'h / } N PARK AVENUE L 0 551+00.01 25' Lt. CL MT EXIST SBCTA- /W I CALTRANS R/M PROP ICE 546+53.78. 9.25' Lt. CL Mi 1418.4 NV 554+00.01. 9. 25' Lt. CL MT 0 t K,.o 5S++��11 EXIST SBCTA R/W -- __ 1411.22 INV 64 _� EARTHEN OITCH� 548+p0.00. 9.00" Li. CL MT , / - 1423.73 INV . SEE TRACK PLANS �� ` t41 .76 IN0 UO 29-1 o;` _- - - - I,/. 0� - T o?�r �v W- W W W o • U'Q --- •' _ -tI/°o ° .i u0 u0 - o'-_,`' .4C3�i Uo0 I\ �` 0 r - - U ' rail/F . _ + AID`':-„: ,,, ri— � -.a1; (♦' `.'i.Sf' v L,., -�' BRIDGE 66.15 / /1, ! \ \ \ " ®' W LW - U 2 •• �' SO SD �. \ \ C /\SD \ �i� O' c I Lu EXIST SBC A R/W / .., `J / U I ••-�--- — - = PROP EASEMENT C C 1 \z EXIST SBCTAR/W �.�._-.a-- t _ - _-PROP _ U N —\ C PROP SBCTA R/IY// _ - - _ _ - - - - l SBCFCD R/W -EASEMENT- PROP TCE / ` EXIST UPRR R/W % _,y' PROP EASEMENT '��I ® f0S-29 OUi }- / __ CALTRANS R A / / P .- „ \ EX 30" RCP PROP SBCTA R/W PROP TCE / "PN ,� ---; \I — ///• SBCFCD R/W Ih_ \ LEGEND: -1.,,, R��� CALTRANS R/WJ \ —.- _ _ DITCH ¢ CURVE DATA 40 0 4o eo / `,��.\,, /�� j M \ ....via CHANNEL CHANNEL FLOW DIRECTION 8 RADIUS LENGTH TANGENT L. L- PLAN \ 1Q 200.00' 21°25'01" 74.76' 37.82' 1 IDS-29 OUT' _ 440 430 o c' m P FG - a OG 1 G _ - - _ - _/y- • _ _ 1440 1430 o _ 1420 OG- HGL -- - - _ -r HGL - - - - ' - _ - / 1420 100-Ys _ - -- _ -�- - - - 1410 1 S = 0-0100 - 1410 6 -'- - =! p„= 1400 1390 OG o N 185.9 LF 18' CMP - « - 296.0 LF 18" CNF - 217.9 LF 18' CNP m_ m- 199.0 -_ LF 18' CMP • 1400 0 ,� 1380 0,00= 2.5 CFO. V,00- 1.4 FPS DIM- 2.5 CFO. VI.- 3.0 FPS 0,00= 2.5 L(S. V100 3.8 FPS 0,+ = 2.5 CFO. V100= 3.6 FPS 390 1380 n E 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+OD 8+00 9+00 NOTE 10+00 + PROFILE ELEVATIONS FOR UTILITIES DENOTED WITH PER FINAL MZC HEC-RAS 20 HYDRAULIC PROF I L E AN ASTERISK ARE FROM GPR DATA PROVIDED BY DAVID 1. SEE TRACK PLANS FOR DITCH PROFILES SECTIONS. ANALYSIS PREPARED 8Y HOR AND EVANS AND ASSOCIATES INC. PERFORMED ON 06/14/2017 m DE e+ Cw+TRacT rvo 17-1001705 _ R. AFSHAR San Bernardino County Transportation Authority o10 "0+<F REDLANDS PASSENGER RAIL PROJECT ORAwrv� N0 ao R w„ a W. STEBOK 50004O - acuc„2 a T /*l . HARROLD oR REvisiory SHEET N eMR. Faz TRACK GRADING & DRAINAGE PLAN 285 OF 2442 �i aO 0 02-06-19 CONFORMED TJ SG m,ro�cn KLDVSKY 1ss,l aHz�ar�eoo 'k STA 543+00 TO STA 554+00 SCALE NOR: 1"=40' REv. DATE % raP. 5-18-2018 VER: 1'=10' CONSTRUCTION NOTES. NOTES 24 CONST. 8" PERFORATED HDPE UNDERDRAIN PIPE PER DETAIL ON DRAWING CD00049 65 CONST. TYPE G1 DRAINAGE INLET PER CALTRANS STD. RSP D738 10 CONST. INSERTA TEE CONNECTOR 0R APPROVED EQUAL 25 CONST. 8" NON -PERFORATED HOPE PIPE 66 CONST. 12" NON -PERFORATED HDPE PIPE ® CONST DETENTION BASIN 27 CONST. 24" RCP (3000-DI 68 CONST. 12" PERFORATED HOPE UNDERDRAIN PIPE PER DETAIL ® CONST CLASS II RSP PER DETAIL ON DRAWING CD00052 ON DRAWING CD00049 3 CONST 18" RCP (3000-01 73 CONST CURB OPENING CATCH BASIN PER SPPWC 9300-3. 1'A=3.5' 14 CONST 18" CAP 114 GAUGE( - ,- CC K to I ' V , I' { 1. SEE TRACK PLANS FOR DITCH PROFILES 2 AND SECTIONS. SEE DRAWING CD00066 FOR THE LOCATION THE RES. STA/OFFSET OF DRAINAGE STRUCTURES. STRUCTURES. 39 CONST. INLET APRON PER DETAIL ON DRAWING C000052 78 CONST JUNCTION STRUCTURE PER SPPWC STD PLAN 331-3 13 CONST 24" RCP (2000-01. EXCAVATION AND BACKFILL X CTY R/W fl I 1 / >- O PER CALTRANS STD- A620 aCONST CONCRETE FLARED ENO SECTION PER CALTRANS STD. D946. TYPE A 000NST BASIN RISER PER DETAIL ON SHEETS CD00047 d 0000046 CONST. 24" RCP (3000-DI WITH WATERTIGHT JOINTS 59 CONST CONCRETE COLLAR PER SPPWC STD PLAN 380-4 92 CONST. FULL AC PAVEMENT SECTION 1D PROP TCE PROP EASEMENT I 1' r !I® t ¢ 'EXIST'i" - (CITY R/W LL v 64 CONST UNDERDRAIN CLEANOUT PER DETAIL ON DRAWING CD00049 0 CONST. MANHOLE PER DETAIL ON DRAWING C000063 I ' I®. g = 11 LAT 29-3 cV v En CEO EXIST SBCTA RAM �� EXIST SBCTA R/W- UD 29-3� 59 2 f� C=1 67 i O O ° 1 I . 556+88.63. 9.25' Lt CL MT ® GO 130 ¢ MT-1 f ,.. pp �� 1�7� O .< O �4 UO 29-1 64 -� 33 �1430.14 INV T Q { y' _0 3 0 le �` P' + SEE DWG CH LINE MT m NE MT STA DWG CD000 EAST PARK AVENUE_ C. sD so 11 17-C. BMOC I N ����� ��„�, 5 9 .0 561 �� "�.��i+"'$I,1.6�m �/ Lk 29-1 SEE _ F- i.�n® �ri.�"� ® ■ "srmointir - .....,... \ L Fi- PROFILE ON 'N =-- J ���-�w` SHEET CD00044 W LLI 'O Y'35. I MT I� el1434. 559+29.46. 9.25' Lt. CL Mi0 ± AFL 'fir' = Cn NV lL'" �" �� SS >S SS 1434.78 NV MT-2 IIG E T L' 1'nn ' .11� I 68 N U *•-f/ ]425 46D.6B61NV9.25' Lt. CL MTO 64 r /{ i 563+01.25. 9.25Lt. CL MT -i I_T564+78.08Y 0, 64 �,.i PROP SBB®A R/W PROP EASEMENT 64 EXIST UPRR R/W J 01439.76 I NV . <� ' e 7.25" Rt "IN I -� PLAN � - ''1'I ',lpu -E.44r �0 L PROP TCE 71 Cl 2.33 1442.33 INV 554+03.00. 71.64'. Rt l � � .�+ 'O BASIN 90000 - .. ^T-• i , _ - ATVw CATVIo .- �I N' I, L PROP EASEMENT 4 - CL N ILL AY 35_,64' DISPOSITION NOTES. ,NI CURVQE DATA s64+07.79 9.25 I it. CL MT-i p[ J'- IUD 29-5 -_PROP TCEI{�d,, Q - I//,,/�j/////+W�//��//////�.' '4 m ENCASED BY EARLY UTILITY PLANS 554+74.44. 92.® \II"Ill'j(J % RADIUS LENGTH TANGENT 564 11.15A. 8.33' Lt. CL MT - , i �` CL MT SPILLWAY 1 O 22.5' 73'12'31.42" 28.75' 16. T1' �1441.2B ItNV L�. iIR I ...II,- EXISTH CITY -` - _ m RELOCATED BY EARLY UTILITY PLANS 3 10' 1..." 20 45' 16.13'16-79" 74.31' 7.22' EXIST CITY R - ' I --- 10 Q3 45' 18.13'35.13" 14.32' 7.22' _ -1:' I ig' 05-29 OUT STA 10+09.70 SEE SHEET CD00042 FOR PROFILE' tx I 'S 10, Imo, I= i _ r - SCALE. t"=40' I 3 I / 3' SPILLWAY _ �� :'..'� / 4' AC/ 4" AB T �7 NORTH UNIVERISTY PROPOSED SBCTA RAY Q q' qC/ 4" AB COMPACTED NATIVE COMPACTED NATIVE 4' AC/ 4" AB SECTION A -A VE SECTION B-B COMPACTED NATI 14 11 STREET v SECTION C-C m li 1450 T. m _ m a - " - ±, - 1450 0G / Q U V Pd 1440 - FG ti - 'vi -D OG - - -----_.---- - - � -L----- - - HGL S = 0.11.1 - - - 5=0_0100 S=1.O1 I ,_-0,,,...;,,,,,,,......-. = uJ� Z q40 3 1430 u?� HGL 5 = 0.0160 m IA - - J W _ cri 1430 91420 " BASIN 91000 S = 0.0230 - _ - - - m - -a . _ HGL -_- l^ If U F- - 1420 1421.00 L t 6 >_- 131.2 LF 24' RCP Da .N=n 1410 m_ m� aN ,= .., m.., �e m_ _. m` m` + 66.9 LF.24" RCP -^ "� - 42.4 LF 24" RCP 12000-01 - CFS OlUO= 11.3 v1w= t.3 FPS - 1410 42. LF 24" RCP (3000 00 226.9 LF 24" RCP (2000-D) 294.3 LF 24" RCP (2000-D) 72000-D1 (2000-DI 192.0 LF 24" RCP (2000-D1T- � o m`d 1400 W/WATERTIO+T JOINTS 0,00= 19.0 CFS Oleo= 19.0 CFS 0100= 18.6 CFS 0 Do= 18.6 CFS 0100= 15.9 CFS 0100= 20.4 CFS. V1m 6.5 FPS V,00= 9.8 FPS I DS-29 V lOo= 9.0 FPS Vloo= 11.2 FPS V 00= 13.9 FPS V100= 11.5 FPS 1400 2i E 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 ARE ROMEGPREDATAONS PROVIDEDEBYWITH DAVIONEVANSRISK PROF I L E AND PERFORMED ASSOCIATES INC. ON D6/14/2017 PEVG"E°ST CONTRACT No 17-1001705 _ v R. AFSHAR San Bernardino County Transportation Authority REDLANDS PASSENGER RAIL PROJECT DRAWING NO 0R 0 W. STEBOK-4E10' vEoe°,-s C000043 CNK R RCRO Rcvlslory SHEET M. HARROLD NO AI ° RR°.c 1 Eyz an .,x.l o- TRACK GRADING & DRAINAGE PLAN 286oF2442 �� aJ 0 02-06-19 CONFORMED TJ 5G PARE R. KLOVSKY (331)320,300 STA 554+00 TO STA 565+00 SCALE HOR: 1'=40' REV DATE / APP. 5-18-2018 VER: 1,10' EXHIBIT G Parking Lot License SBCTA Contract No. 20-1002255 SBCTA Contract No. 18-1001928 File No. Subdivision Redlands Milepost(s) 10.0 (Parking Lot) SBCTA Contract No. 18-1001928 LICENSE AGREEMENT BETWEEN SBCTA AND CITY OF REDLANDS LICENSE AGREEMENT This LICENSE AGREEMENT ("License") is made and entered into as of the date executed by SBCTA, by and between SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a county transportation authority pursuant to California Public Utilities Code §§130800 et. seq ("SBCTA"), and, CITY OF REDLANDS, a municipal corporation ("LICENSEE"), upon and in consideration of the agreements, covenants, terms and conditions below PART I — BASIC LICENSE PROVISIONS The Basic License Provisions provided in this Part I and the Standard License Provisions set forth in Part II of this License, together with all Exhibits and Attachments referenced in either, are incorporated into and made part of this License In the event of conflict between Part I and Part II or of any Exhibits and Attachments, Part I shall control. Basic License Provisions 1 Parties. SBCTA's Address. Attn. Transit & Rail Programs 1170 West 3rd Street, 2nd Floor San Bernardino, Califorma 92410-1715 909-884-8276 Licensee's Address. City of Redlands 35 Cajon Avenue, Suite 15A Redlands, CA 92373 Attn. City Clerk Telephone. 909-798-7531 E-mail. jdonaldson@cityofredlands.org Part H Section Cross Reference City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No 2 Description of the Premises. § 1 1 City/County City of Redlands, San Bernardino County Subdivision. Redlands Address or Milepost Location. Mile Post 10.0 (Cook St) and west thereof Approximate area. 59,230 square feet; 1.36 acres See map/diagram in Exhibit "A" Description and Dimensions of Premises Area. An approximately 613 foot portion of SBCTA's Redlands Subdivsion's rail right of way , 100 foot wide, adjacent to and west of Cook Street, excepting that portion of the rail right of way maintained by the City of Redlands as Park Avenue. 3 Allowable Improvements, Facilities and Uses. Licensee shall construct only the following improvements and/or facilities and conduct or permit only the following uses on the Premises Description of Improvements and/or Facilities ("Improvements") A one hundred (100) space parking lot reserved for rail commuter use and appurtenant facilities. Use of the Premises. Operation and maintenance of parking lot for rail commuter use, and the rights and/or obligations of Licensee pursuant to SBCTA Contracts 20-1002255, 21-1002525 and that certain MOU as amended, originally dated October 1, 1996 between Licensee and SBCTA. 4 Term. Commencement Date Date executed by SBCTA Term (check one) n A. Month -to -month M B Until End Date Twenty (20) years after the Commencment Date, thereafter the term shall convert to month to month. (subject to termination pursuant to the terms of this License — see especially Standard License Provisions §2.2) §13 §21 City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No ii Basic License Provisions Part II Section Cross Reference 5 Fees. § 3 A. Administration Fee. $Zero per year or portion thereof, § 3 1 1 payable annually in advance. B Base Use Fee (check one) n i. $ per month, payable monthly in advance ® ir. $ Zero per year, payable annually in advance § 3 1.2 C Additional Use Fee (check one) One-time fee $ • ii. Other Not Applicable §3 1 3 D Base Use Fee Adjustment Dates (check if applicable) n i. CPI Adjustment Annually, effective on the first day of the anniversary month of the Commencement Date, based on the published § 3.2 Consumer Price Index (or its successor) § 3.2.1 ("CPI") as defined in Section 3.2 1 of the Standard License Provisions. n ii. Fair Market Rate Adjustment At intervals of not less than three (3) years, based on the then current fair market rental value of the Premises as set forth in Section 3.2.2 of the § 3.2.2 Standard License Provisions. M iii. Other Not Applicable § 3.2.3 6 Security Deposit (if any). $ Zero § 4 7 Insurance Amount. See Exhibit `B" §§ 10, 13 City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No iii IN WITNESS WHEREOF, this License was duly executed by the Parties identified in Item 1 of this Part I on the dates below, and is effective as the date executed by SBCTA LICENSEE SBCTA CITY OF REDLANDS, a coroporate SAN BERNARDINO COUNTY mumcipahty TRANSPORTATION AUTHORITY rTh By Name Title Date ?I U L T;Sikkieft MAYoR 7/30/2 t By Name Rayond W. Wolfe Title Executive Director Date fic'/2,2z City of Redlands SBCTA Contract 18 1001928 Form Approved 4/21/15 File No iv PART II — STANDARD LICENSE PROVISIONS TABLE OF CONTENTS Section Page 1 GRANT AND SCOPE OF LICENSE 1 2. TERM, TERMINATION AND SURRENDER .2 3 PAYMENTS 4 4 SECURITY DEPOSIT 6 5 TAXES 6 6 LIENS 6 7 ASSUMPTION OF RISK AND WAIVER 7 8 DEFAULT, BREACH AND REMEDIES 7 9 INDEMNIFICATION 9 10 INSURANCE 10 11 MAINTENANCE AND REPAIR 11 12 ALTERATIONS AND CONSTRUCTION 11 13 CONTRACTORS, APPROVAL AND INSURANCE 12 14 REIMBURSEMENT 12 15 LANDSCAPING 12 16 MARKERS 12 17 COMPLIANCE WITH LAWS 13 18 SBCTA'S RIGHT OF ACCESS 13 19 ENVIRONMENTAL ASSESSMENT 14 20 HAZARDOUS/TOXIC MATERIAL USE AND INDEMNITY 14 21 UNDERGROUND STORAGE TANKS 15 22 CONDEMNATION 15 23 BROKER'S FEES 15 24 SUBORDINATE RIGHTS 15 25 ABANDONMENT 16 26 GENERAL PROVISIONS 16 Exhibits. "A" Premises "B" Insurance Requirements "C" Permitted Hazardous Material "D" Additional Provisions City of Redlands SBCTA Contract 18-1001928 Forrn Approved 4/21/15 File No v PART II - STANDARD LICENSE PROVISIONS 1 GRANT AND SCOPE OF LICENSE 1 1 Grant of License SBCTA hereby grants a non-exclusive, revocable license to Licensee in, on, over, under, across and along the real property of SBCTA in the location shown in the diagram attached hereto as Exhibit A and described in Item 2 of the Basic License Provisions (the "Premises"), for construction, installation, operation, alteration, maintenance, reconstruction and/or removal of the Improvements described in Item 3 of the Basic License Provisions, and any usual and necessary related appurtenances thereto (the "Improvements"), for the purposes described in Item 3 of the Basic License Provisions, together with rights for access and entry onto the Premises as necessary or convenient for the use of the Improvements and for no other purpose In connection with this grant of license, Licensee, its employees, agents, customers, visitors, invitees, licensees, consultants and contractors (collectively, "Licensee's Parties") subject to the provisions hereof, may have reasonable rights of entry and access onto adjoining real property of SBCTA if necessary for the use of the Improvements or the Premises, with the time and manner of such entry and access to be subject to SBCTA's prior written approval. The Premises, adjoining real property of SBCTA and personal property of SBCTA located thereon shall hereinafter collectively be referred to as "SBCTA Property " 1.2. Condition of Premises. Licensee acknowledges that it has inspected the Premises in its present condition, including without limitation, all existing environmental conditions. Licensee accepts the Premises "as is" as suitable for the purpose for which the Premises are licensed and assumes all risk with respect to all present conditions of the Premises, whether patent or latent, including, without limitation, all existing environmental conditions. Taking of possession by Licensee shall be conclusive to establish that the Premises are in good and satisfactory condition when possession is taken. 1 3 Use. The Premises and the Improvements shall be used only for the purposes specified in Item 3 of the Basic License Provisions and for such lawful purposes as may be directly incidental thereto, and no other purpose. No change shall be made by Licensee in the use of the Premises, the Improvements or the commodity or product being conveyed through the Improvements (if any) without SBCTA's prior written approval. 1 4 Non-exclusive and Revocable Nature of License. The License granted herein is not exclusive and SBCTA specifically reserves the right to grant other licenses within the Premises. Licensee agrees that notwithstanding the Improvements made by Licensee to the Premises or other sums expended by Licensee in furtherance of this License, the license granted herein is fully revocable by SBCTA in accordance with the terms of this License City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No 1 1 5 Easements. SBCTA reserves to itself the right, from time to time, to grant such easements, rights and dedications that SBCTA deems necessary or desirable, and to cause the recordation of parcel maps, easement agreements and covenants, conditions and restrictions, so long as such easements, rights, dedications, maps and covenants, conditions and restrictions do not unreasonably interfere with the permitted use of the Premises by Licensee. Licensee shall sign any of the aforementioned documents upon request of SBCTA and failure to do so shall constitute a material breach of this License. 2 TERM, TERMINATION AND SURRENDER 2 1 Term of License. The term of this License shall commence on the "Commencement Date" specified in Item 4 of the Basic License Provisions. If Item 4.A of the Basic License Provisions is checked, this License shall continue in full force and effect on a month -to -month basis. If Item 4.B of the Basic License Provisions is checked, then this License shall be a license for the term specified in said Item 4.B The term of this License as provided above is referred to as the "Term." 2.2 Termination. 2.2 1 Convenience. If Item 4.A is checked, this License shall continue in full force and effect on a month -to -month basis until terminated by either Party on thirty (30) days' prior written notice. If Item 4.B is checked, this License shall continue in full force and effect until the End Date, unless SBCTA, acting by its Executive Director or his or her designee, for any reason and in its sole and absolute discretion, determines that this License is no longer in SBCTA's best interests. In which case, SBCTA may terminate this License on thirty (30) days' prior written notice, but SBCTA shall also return to Licensee, within thirty (30) days after the termination, the pro-rata portion of any annual Use Fee paid by the Licensee for the portion of the agreed term that will not be used by Licensee 2.2.2 Cause. SBCTA may terminate this License for cause in accordance with the provisions hereof, including, without limitation, Sections 24 (Abandonment), 8 (Default, Breach and Remedies) and 25.11 (Assignment) In addition, SBCTA shall have the right to immediately, without notice and at Tenant's expense, terminate this License upon discovery of any default set forth in Section 8.1(d) and abate any such public nuisance and/or dangerous condition. 2.2.3 Public Use. In addition to any and all other termination rights of SBCTA described herein, Licensee hereby expressly recognizes and agrees that the Premises are located on SBCTA property that may be developed for public projects and programs which may be implemented by SBCTA or other public agencies, such as, but not limited to rail and bus transitways, bikeways, walkways, beautification projects, roadways, parking facilities, flood control and drainage facilities, and/or any other public or other governmental uses (collectively and individually "Public Use"), and that Licensee's use of the Premises under this License is a temporary, interim use as to which Licensee has no right to nor expectation of use for any City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No: 2 particular length of time that may be terminated by SBCTA by thirty (30) days written notice to Licensee as set forth in Section 2.2.1 above. Accordingly, as a condition to entering into this License, Licensee expressly acknowledges and agrees that: (a) SBCTA may terminate this License as set forth above for any Public Use, to be determined in the sole and absolute discretion of SBCTA's Executive Director, or designee; (b) Licensee shall NOT object to, oppose, or protest at any approval proceeding; nor file suit to prevent or delay any Public Use when planned or implemented on or adjacent to the Premises, If SBCTA's Executive Director, or designee, at any time, or from time to time, determines in his or her sole and absolute discretion, that there is a need for the Premises or any adjoining property for a Public Use and such Public Use requires relocation or removal of the Improvements, Licensee shall reconstruct, alter, modify, relocate or remove its Improvements, as directed by SBCTA or any parties having operating rights over the Premises, at Licensee's sole cost and expense, within thirty (30) days after written notice from SBCTA, and (d) Licensee expressly assumes all risk of any future Public Use as determined by SBCTA and in the event SBCTA terminates this License and requires Licensee to vacate the Premises for any Public Use, Licensee shall not, as a result of such termination and vacation of the Premises, be entitled to receive any (i) relocation assistance, moving expenses, goodwill or other payments under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U S C 04601 et seq and/or the California Relocation Assistance Law, as amended, California Government Code §7260 et seq, and (ii) compensation under any eminent domain or inverse condemnation law (c) 2.2 4 Penalty: If Licensee fails to terminate use of the Premises and/or restore the Premises as required in Item 2.3 below, on or before the End Date specified in Item 4.B of the Basic License Provisions or the termination date established as otherwise provided in this License ("Termination Date"), then, in addition to any and all other remedies available to SBCTA under the terms of this License or at law or equity, Licensee shall pay a Penalty equal to twice the Base Use Fee in effect on the day prior to the Termination Date, plus twice any Additional Use Fee, calculated and payable on a monthly basis, for the number of months (partial months counting as whole months) from the Termination Date to the date that Licensee has terminated use and restored the Premises to the required condition. In the event that any Additional Use Fee is set as a percentage of revenues, or on some other variable basis, it shall be calculated based on the average for the prior twelve month period or if in effect less than one year, the monthly average from the effective date to the day prior to the Termination Date Licensee shall indemnify SBCTA against all liabilities, costs and damages sustained by SBCTA by reason of such failure to terminate and restore City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No 3 2.3 Termination of Use and Restoration of Premises. Upon the Termination Date , unless otherwise requested in writing by SBCTA prior to the Termination Date, Licensee, at its own cost and expense, shall immediately remove all alterations additions and Improvements made by Licensee to the Premises and restore the SBCTA Property as nearly as possible to the same state and condition as existed prior to the construction, reconstruction or installation of said Improvements. Should Licensee fail to comply with the requirements of the preceding sentence, SBCTA may at its option (i) perform the same at Licensee's expense (including costs, interest, and fees), which Licensee agrees to pay to SBCTA on demand, or (ii) assume title and ownership of said Improvements. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the Improvements are removed and the SBCTA Property is restored. 3 PAYMENTS 3 1 Fees As consideration for the rights herein granted, Licensee agrees to pay to SBCTA the Administration and Use Fees specified in Item 5 of the Basic License Provisions, adjusted as set forth in Section 3.2 3 1 1 Administration Fee. The Administration Fee set forth in Item 5.A of the Basic License Provisions shall be due and payable annually in advance prior to each anniversary of the execution date of this license 3 1.2 Base Use Fee If Item 5.B.i of the Basic License Provisions is checked, the first month's Base Use Fee noted therein shall be due and payable upon Licensee's execution of this License Thereafter, the Base Use Fee, as such fee may be adjusted pursuant to the provisions of Section 3.2, shall be due and payable, without demand, on or before the first day of each calendar month succeeding the Commencement Date during the Term. The Base Use Fee for any fractional calendar month at the commencement or end of the Term shall be prorated on a daily basis. If Item 5.B.ii of the Basic License Provisions is checked, the annual Use Fee amount, as such fee may be adjusted pursuant to the provisions of Section 3.2, shall be due and payable, without demand, annually in advance on or before the anniversary month of the Commencement Date for the convenience of both Parties, without affecting the Term of this License as specified in Section 2.1 of the Basic License Provisions 3 1.3 Additional Use Fee. If Item 5.C.i of the Basic License Provisions is checked, the one-time fee noted therein shall be due and payable upon execution of this License by Licensee If Item 5.C.ii of the Basic License Provisions is checked, the fee noted therein shall be due and payable as indicated in Item 5.C.ii. 3.2. Use Fee Adjustment. City of Redlands SBCTA Contract 18-1001928 Fonn Approved 4/21/15 File No. 4 3.2 1 Annual CPI Adjustment. If Item 5.D.i of the Basic License Provisions is checked, then the Base Use Fee shall be increased, but not decreased, as provided below on the first day of each month during which an annual anniversary of the Commencement Date occurs unless another date is provided in Item 5 of the Basic License Provisions (the "Adjustment Date") If no adjustment is made at the annual anniversary date, an adjustment may nevertheless be made at a subsequent date and thereafter at not less than annual intervals. The adjusted Base Use Fee as of each Adjustment Date shall be the greater of the Base Use Fee on the day preceding that Adjustment Date or that amount multiplied by a fraction, the numerator of which is the CPI figure for the month that is three (3) months prior to the month during which the particular Adjustment Date occurs and the denominator of which is the CPI figure for the month that is three (3) months prior to the month containing the prior Adjustment Date or, if there has been no prior Adjustment, three (3) months prior to the first day of the anniversary month of the Commencement Date. As used in this section, the "CPI" means the Consumer Price Index for Urban Wage Earners and Clerical Workers, Los Angeles/Riverside/Orange County, all items (1982-84 = 100), published by the U S Department of Labor, Bureau of Labor Statistics (Bureau), or if such index is no longer published, the U S Department of Labor's most comprehensive official index then in use that most nearly corresponds to the index named above If it is calculated from a base different from the base period 1982-84 = 100, figures used for calculating the adjustment shall first be converted to the base period used under a formula supplied by the Bureau. If a comparable index shall no longer be published by the U S Department of Labor, another index generally recognized as authoritative shall be substituted by SBCTA. 3.2.2 Fair Market Adjustment. If Item 5.D.ii of the Basic License Provisions is checked, then, at intervals of not less than three (3) years, the Base Use Fee (as such fee may be adjusted by Section 3.2.1, above) payable under this Section 3 shall be increased, but not decreased, in order to adjust the fee to the then fair market rental value of the Premises as determined by SBCTA in good faith. Such increases shall be effective as of thirty (30) days after written notice from SBCTA to Licensee of such adjustment, or the date specified in such written notice, whichever is later If no adjustment is made at any three (3) year interval, an adjustment may nevertheless be made on any subsequent date and thereafter at intervals of not less than three (3) years apart. 3.2 3 Other Adjustment. If Item 5.D.iii of the Basic License Provisions is checked, then, in addition to any adjustments required under Items 5.D.i and 5.D.ii, the adjustment set forth in 5.D.iii shall be applied in accordance with its terms 3 3 Late Charge. Licensee acknowledges that late payment by Licensee of any payment owed to SBCTA under this License will cause SBCTA to incur costs not contemplated by this License, the exact amount of such costs being extremely difficult and impracticable to determine Therefore, if any payment due from Licensee is not received by SBCTA within five (5) days of when due, Licensee shall pay to SBCTA an additional sum of ten percent (10%) of the overdue payment as a late charge, up to a maximum amount of $500 for each late payment. The Parties agree that this late City of Redlands SBCTA Contract 18-1001928 Forin Approved 4/21/15 File No: 5 charge represents a fair and reasonable estimate of the administrative costs that SBCTA will incur by reason of a late payment by Licensee Acceptance of any late payment charge shall not constitute a waiver of Licensee's default with respect to the overdue payment, nor prevent SBCTA from exercising any of the other rights and remedies available to SBCTA under this License, at law or in equity In addition, any payment not made within 15 days of when due shall bear interest at the rate of eighteen percent (18%) per annum, or the highest legally allowable rate, whichever is lower, until paid in full. 4. SECURITY DEPOSIT Upon execution of this License and in addition to the payment described in Section 3 of the Basic License Provisions, SBCTA may require Licensee to pay SBCTA a security deposit in the amount set forth in Item 6 of the Basic License Provisions ("Security Deposit"), which sum shall be held by SBCTA in its general fund, without obligation for interest, as security for the faithful performance by Licensee of all of the terms, covenants, conditions and obligations of this License. If at any time Licensee fails to keep and perform any of the terms, covenants, and conditions of this License, including making any payment required hereunder, SBCTA may, at its sole option, apply all or any portion of the Security Deposit to any overdue payment and/or any loss or damage incurred by SBCTA by reason of Licensee's default or breach. Within a reasonable time after termination of this License and after Licensee has vacated the Premises, SBCTA shall return, without interest, said deposit or portion remaining, if any, after deductions for any unpaid payments and any losses or damages sustained by SBCTA due to any breach or default by Licensee or any damage to the Premises or any failure to restore the Premises to the required condition. 5. TAXES Licensee shall be liable for and agrees to pay promptly and prior to delinquency, any tax or assessment, including but not limited to any possessory interest tax as described in California Revenue and Taxation Code Section 107, levied by any governmental authority. (a) against the Improvements, the Premises and/or any personal property, fixtures or equipment located on or placed on the Premises, whether owned by Licensee or any person or entity acting for or at the request of Licensee; or (b) as a result of the Licensee's or the Improvements' operations. 6. LIENS Licensee will fully and promptly pay for all materials joined or affixed to the Improvements or Premises, and fully and promptly pay all persons who perform labor upon said Improvements or Premises. Licensee shall not suffer or permit to be filed or enforced against the Premises or the Improvements, or any part thereof, any mechanics', materialmen's, contractors', or subcontractors' liens or stop notices arising from, or any claim for damage growing out of, any testing, investigation, maintenance, Work, activities, or operations of Licensee, or out of any other claim or demand of any kind. The term "Work" under this License means any construction, reconstruction, installation, restoration, alteration, repair, replacement, or removal, other than normal maintenance Licensee shall provide SBCTA with immediate written notice of any such liens, claims, demands, or stop notices that are placed against the Premises or the City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No: 6 Improvements. Licensee shall pay or cause to be paid all such liens, claims or demands, including sums due with respect to stop notices, together with attorney's fees incurred by SBCTA with respect thereto, within ten (10) business days after notice thereof and shall indemnify, hold harmless and defend SBCTA from any and all such obligations and claims, including attorney's fees. Licensee shall furnish evidence of payment upon request of SBCTA. Licensee may contest any lien, claim or demand by furnishing a statutory lien bond or equivalent with respect to stop notices to SBCTA in compliance with applicable California law If Licensee does not discharge any mechanic's lien or stop notice for works performed for Licensee, SBCTA shall have the right to discharge same (including by paying the claimant) and Licensee shall reimburse SBCTA for the cost of such discharge, as well as any associated costs and fees, within ten (10) business days after billing. In such circumstances, Licensee shall pay an additional fee to SBCTA of twenty five percent (25%) of the costs of the discharge of the hen or stop notice in order to cover SBCTA's administrative costs. SBCTA reserves the right at any time to post and maintain on the Premises such notices as may be necessary to protect SBCTA against liability for all such liens and claims. The provisions of this section shall survive the termination of this License 7 ASSUMPTION OF RISK AND WAIVER To the maximum extent allowed by law, Licensee assumes any and all risk of loss, damage or injury of any kind to any person or property, including without limitation, the Improvements, the SBCTA Property and any other property of, or under the control or custody of, Licensee, which is on or near the Premises. Licensee's assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvement on the SBCTA Property, accident or fire or other casualty on the SBCTA Property, or electrical discharge, noise or vibration resulting from SBCTA's transit operations on or near the SBCTA Property The term "SBCTA" as used in this section shall include. (i) any transit or rail -related company validly operating upon or over SBCTA's tracks or other property, and (ii) any other persons or companies employed, retained or engaged by SBCTA. Licensee, on behalf of itself and its officers, directors, affiliates, employees, agents, independent contractors and subcontractors anyone directly or indirectly employed by or for whose acts Licensee is liable (collectively, "Personnel"), as a material part of the consideration for this License, hereby waives all claims and demands against SBCTA for any such loss, damage or injury of Licensee and/or its Personnel. In that connection, Licensee expressly waives the benefit of California Civil Code Section 1542, which provides as follows A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor The provisions of this section shall survive the termination of this License. 8. DEFAULT, BREACH AND REMEDIES 8 1 Licensee Default. Licensee shall be deemed to have breached and be in default under this License when any of the following occurs City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No: 7 (a) Licensee shall fail to make any payment or any reimbursement to SBCTA required herein when due, (b) Licensee shall vacate all or a substantial portion of the Premises, whether or not Licensee is in default of the payment or other charges due under this License, (c) Licensee shall fail to comply with any other term, provision or covenant of this License, and shall not cure such failure within three (3) days after written notice thereof to Licensee; or (d) Licensee shall create or maintain, or allow any other person or entity to create or maintain, any public nuisance or any condition that fails to comply with any federal, state, SBCTA or rail operator specifications or safety regulations or that presents a danger to public safety or a safety hazard to any operations, personnel, passengers or property of SBCTA or any rail carrier operating upon the affected rail line(s) on the Premises or SBCTA's adjacent right of way 8.2. SBCTA's Remedies. 8.2 1 Termination. Upon the occurrence of Licensee's default and breach, SBCTA shall have the right, at any time, with or without notice or demand, to terminate this License, and at any time thereafter to recover possession of the Premises or any part thereof and expel and remove therefrom Licensee and any other person occupying the same, by any lawful means, and again repossess and enjoy the Premises without prejudice to any of the remedies that SBCTA may have under this License, at law or equity by reason of Licensee's default or of such termination. 8.2.2. Corrective Measures. Should Licensee default on, breach, or fail to keep, observe or perform any agreement, covenant, term or condition on its part herein contained, then, in addition to any other available rights and remedies, SBCTA at its option may perform any corrective measures deemed by SBCTA in its sole and absolute discretion to be necessary or appropriate to protect public health or safety, or SBCTA's legitimate governmental or proprietary interests or the interests of its railroad operators, at Licensee's expense (including fees, costs and interest) which Licensee agrees to pay to SBCTA upon demand. 8.2.3 Costs. If SBCTA incurs any cost or expense occasioned by the default of Licensee (including but not limited to attorneys' fees and costs), then SBCTA shall be entitled to receive such costs together with interest on all funds SBCTA expends at the lesser of eighteen percent (18%) per annum or the maximum rate allowed by law, whichever is lower, including without limitation, brokers' fees incurred by SBCTA rn connection with relicensing the whole or any part of the Premises, the costs of removing and storing Licensee's or other occupant's property; the costs of repairing, altering, and/or otherwise restoring the Premises to a safe and suitable City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No: 8 condition, useable and acceptable to SBCTA, rail operators and future licensees, and all reasonable expenses incurred by SBCTA in enforcing or defending SBCTA's rights and remedies, including reasonable attorneys' fees whether or not suit is actually filed. 8.2.4 Remedies Cumulative All rights, privileges and remedies of the parties are cumulative and not alternative or exclusive to the extent permitted by law except as otherwise provided herein 8.3 SBCTA Default and Licensee's Remedies. SBCTA shall not be in default under this License unless SBCTA fails to perform obligations required of SBCTA within sixty (60) days after written notice is delivered by Licensee to SBCTA specifying the obligation which SBCTA has failed to perform, provided, however, that if the nature of SBCTA's obligation is such that more than sixty (60) days are required for performance, then SBCTA shall not be in default if SBCTA commences performance within such sixty (60) day period and thereafter diligently prosecutes the same to completion. Licensee's exclusive remedies shall be an action for specific performance 9 INDEMNIFICATION 9 1 Licensee, on behalf of itself and its successors and assigns, agrees to indemnify, defend (by counsel satisfactory to SBCTA), and hold harmless SBCTA, in all of its capacities, and its members, commissioners, officers, directors, employees, agents, consultants, contractors, partners, affiliated entities, subsidiaries, permittees, licensees, successors and assigns (individually and collectively, "Indemnitees"), to the maximum extent allowed by law, from and against all loss, liability, claims, demands, suits, liens, claims of lien, damages (including consequential damages), costs and expenses (including, without limitation, any fines, penalties, judgments, litigation expenses, and experts' and attorneys' fees), that are incurred by or asserted against Indemnitees arising out of or connected in any manner with (i) the acts or omissions to act of the Licensee, or its Personnel (as defined in Section 7, Assumption of Risk and Waiver) or invitees of Licensee in connection with the SBCTA Property or the presence upon or performance of activities by Licensee or its Personnel with respect to the SBCTA Property, (ii) bodily injury to or death of any person (including employees of Indemnitees) or damage to or loss of use of property resulting from such acts or omissions of Licensee or its Personnel, or (iii) non-performance or breach by Licensee or its Personnel of any term or condition of this License, in each case whether occurring during the Term of this License or thereafter 9.2. The Licensee acknowledges that any construction allowed on the Premises pursuant to this License is not being performed for SBCTA's benefit or on SBCTA's account and that this is an agreement allowing Licensee and/or its contractor(s) to enter upon SBCTA's Property as an accommodation within the meaning of California Civil Code Section 2782 1 Therefore, the foregoing indemnity shall be effective regardless of any negligence (whether active, passive, gross, derivative, sole, joint, concurring or comparative) on the part of Indemnitees, unless caused solely by the gross negligence City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No 9 or willful misconduct of Indemmtees, and is in addition to any other rights or remedies which Indemnitees may have under the law or under this License. Upon request of SBCTA, Licensee shall provide insurance coverage for possible claims or losses covered by the indemnification and defense provisions of this License 9 3 Claims against the Indemnitees by Licensee or its Personnel shall not limit the Licensee's indemnification obligations hereunder in any way, whether or not such claims against Indemnitees may result in any limitation on the amount or type of damages, compensation, or benefits payable by or for Licensee or its Personnel under workers' compensation, disability benefits or other employee benefits laws or insurance. 9 4 The indemnification and defense obligations of Licensee set forth in this section shall survive the termination and End Date of this License. 10 INSURANCE 10 1 SBCTA's Insurance SBCTA may maintain insurance covering the Premises and SBCTA's ownership and operation thereof in such types and amounts as it deems necessary in its sole discretion. Such insurance shall be for the sole benefit of SBCTA and under its sole control. Licensee's insurance policies shall provide primary coverage to SBCTA, when any such policy issued to SBCTA provides duplicate coverage or is similar in coverage, SBCTA's policy will be excess over Licensee's policies. 10.2 Licensee's Insurance. Licensee, at its sole cost and expense, shall obtain and maintain in full force and effect during the Term of this License insurance as required by SBCTA in the amounts and coverages specified and issued by insurance companies as described in, and meeting all other requirements set forth in, Exhibit "B" SBCTA reserves the right, throughout the Term of this License, to review and change the amount and type of insurance coverage it requires in connection with this License or the Work to be performed on the Premises. Prior to (i) entering the Premises or (ii) performing any Work or maintenance on the Premises, Licensee shall furnish SBCTA with insurance endorsements or certificates evidencing the existence, amounts and coverages of the insurance required to be maintained hereunder SBCTA shall not be liable for the payment of any premiums or assessments for insurance required to be maintained by Licensee under this License. Self-insurance is not permitted. However, SBCTA may, in its sole and absolute discretion, permit self-insurance on a case by case, coverage by coverage, basis where the Licensee has documented, to SBCTA's sole satisfaction, sufficient available assets and/or available funds and sufficient legal security in those assets to assure SBCTA that its risk is not greater than it would have been with acceptable insurance coverage, and otherwise meeting SBCTA's self- insurance requirements. The privilege to self -insure with respect to any coverage required to be maintained hereunder may be granted or revoked by SBCTA at its sole and absolute discretion at any time Upon revocation of self-insurance privilege, Licensee shall immediately provide all required insurances. City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No: 10 10.3 Increases to Insurance. If any increase in the fire and extended coverage insurance premiums paid by SBCTA is caused by Licensee's use and occupancy of the Premises, or if Licensee vacates the Premises and causes any increase in such premiums, then Licensee shall pay as an additional fee the amount of such increase to SBCTA, and, upon demand by SBCTA, the amount required to correct at Licensee's expense the cause of such disallowance, penalty or surcharge to the satisfaction of the particular insurance authority 11 MAINTENANCE AND REPAIR Licensee, at Licensee's sole expense, shall during the term of this License maintain the Improvements in a first-class condition, shall maintain the Premises in a good condition, free from weeds, litter, debris, refuse or other nuisance, and shall perform all maintenance and clean- up of the Premises and the Improvements as necessary to keep the Premises and the Improvements in good order and condition, to SBCTA's sole satisfaction. If any portion of the SBCTA Property, including improvements or fixtures, suffers damage by reason of the access to or use of the Premises by Licensee or Licensee's employees, agents, customers, invitees, licensees, consultants, and contractors (collectively, "Licensee's Parties"), including but not limited to damage arising from any tests or investigations conducted upon the Premises, Licensee shall, at its own cost and expense, immediately repair all such damage and restore the SBCTA Property to as good a condition as before such cause of damage occurred. Repair of damage shall include, without limitation, re -grading and resurfacing of any holes, ditches, indentations, mounds or other inclines created by any excavation by Licensee or Licensee's Parties. Licensee shall not perform any maintenance on railroad tracks and facilities without express prior written approval of and direction from SBCTA or the railroads with vand operating authority over SBCTA's lines and compliance with all applicable standards, specification and safety requirements. 12. ALTERATIONS AND CONSTRUCTION Except as otherwise provided herein, Licensee shall make no alterations, additions or Improvements to the Premises without obtaining the prior written consent of SBCTA in each instance. Any Work performed or caused to be performed by Licensee on the Improvements or the Premises shall be performed (a) at Licensee's sole cost and expense; (b) in accordance with any and all applicable permit requirements, laws, rules, regulations and safety requirements (including SBCTA's rules and regulations), and (c) in a manner which is (i) equal to or greater than the then applicable standards of the industry for such Work, and (ii) satisfactory to SBCTA. Prior to commencement of any Work on the Premises, Licensee shall submit Work plans to SBCTA for review and approval. Any such Work must be carried out pursuant to Work plans approved in writing by SBCTA. In addition, Licensee shall provide SBCTA with at least fourteen (14) calendar days' written notice prior to commencement of any Work on the Premises or the Improvements, except in cases of emergency, in which event Licensee shall notify SBCTA's representative personally or by phone prior to commencing any Work. SBCTA shall have the right at any time and from time to time to post and maintain notices of non - responsibility Unless otherwise requested by SBCTA, upon completion of any Work, Licensee shall restore the SBCTA Property to its condition immediately preceding the commencement of such Work. City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No 11 13 CONTRACTORS, APPROVAL AND INSURANCE Any contractors of Licensee performing Work on the Improvements or the Premises shall first be approved in writing by SBCTA and acquire all required right of entry permits and authorizations from SBCTA and any rail operator utilizing affected or adjacent railroad tracks. With respect to such Work, Licensee shall, at its sole cost and expense, obtain and maintain in full force and effect throughout the term of such Work, insurance, as required by SBCTA, in the amounts and coverage specified on and issued by insurance companies as described in Exhibit `B" Additionally, Licensee shall cause any and all of its contractors and subcontractors which may (i) be involved with such Work, or (ii) may, for any reason, need to enter onto the Premises, to obtain and maintain in full force and effect during the Term of this License, or throughout the term of such Work (as applicable), insurance, as required by SBCTA, in the amounts and coverage specified on, and issued by insurance companies as described in Exhibit `B" SBCTA reserves the right, throughout the Term of this License, to review and change the amount and type of insurance coverage it requires in connection with this License or the Work to be performed on the Premises. 14 REIMBURSEMENT Licensee agrees to reimburse SBCTA for all reasonable costs and expenses that SBCTA incurs in connection with Work on or maintenance of the Premises or the Improvements, including, but not limited to, costs incurred by SBCTA in furnishing any materials or performing any labor, reviewing Licensee's Work plans and inspecting any Work, installing or removing protection beneath or along SBCTA's tracks, furnishing of watchmen, flagmen and inspectors as SBCTA deems necessary and such other items or acts as SBCTA in its sole discretion deems necessary to monitor or aid in compliance with this License, protect the safety of, and railway operations upon, its tracks and right-of-way, and to otherwise protect its interests The costs and expenses addressed in this Section 14 shall include all costs that SBCTA incurs in complying with the Work or maintenance requirements of the railroads with valid operating authority over SBCTA's lines. 15 LANDSCAPING If required by SBCTA, then Licensee, at its sole cost and expense, shall install barrier landscaping to shield the Improvements from public view SBCTA shall have the right to review and approve landscaping plans prior to installation. All landscaping activities shall be done in accordance with the provisions of Section 12 above (Alterations and Construction) 16. MARKERS Except as modified by any additional provisions attached at Exhibit "D", project markers in form and size satisfactory to SBCTA, identifying the Improvements and their owner(s), shall be installed and constantly maintained by and at the expense of Licensee at such locations as SBCTA shall designate. Such markers shall be relocated or removed upon request of SBCTA without expense to SBCTA. Absence of markers in or about SBCTA Property does not constitute a warranty by SBCTA of the absence of subsurface installations. City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No• 12 17 COMPLIANCE WITH LAWS Licensee shall comply with all applicable federal, state and local laws, regulations, rules and orders in its Work on, or maintenance, inspection, testing or use of, the SBCTA Property, and shall furnish satisfactory evidence of such compliance promptly upon request of SBCTA. Licensee shall obtain all required permits or leases required by any governmental authority for its use of the Premises, at its sole cost and expense. Licensee shall comply with all SBCTA policies, rules and regulations applicable to its properties. Subject to SBCTA's approval, Licensee shall at its own cost and expense install and construct all physical improvements to or needed to serve the Premises that are required by any federal, state or local building code or other law or regulation applicable to the Premises, or that are made necessary by the nature of Licensee's use of the Premises. Licensee shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Licensee's sole expense. 18. SBCTA'S RIGHT OF ACCESS 18 1 Inspections. SBCTA shall have the right at any time (upon provision of reasonable notice of inspection to Licensee) or in case of emergency (without notice), to inspect the Premises in order to protect SBCTA's interests therein and to monitor compliance with this License, including compliance with applicable federal, state and local laws, regulations, rules and orders. Failure to submit to or cooperate with any inspection may result in termination of the License 18.2. Tests. If, in SBCTA's sole judgment, any installation on, or use or condition of the Premises may have an adverse effect on the Premises or SBCTA Property, adjacent property or SBCTA's operations, SBCTA shall be permitted to conduct any tests or assessments, including but not limited to environmental assessments, of, on or about the Premises, as it determines to be necessary or useful to evaluate the condition of the Premises. Licensee shall cooperate with SBCTA in any tests or inspections deemed necessary by SBCTA. 18 3 Costs. Licensee shall pay or reimburse SBCTA, as appropriate, for all reasonable costs and expenses incurred due to tests, inspections or any necessary corrective Work, maintenance and inspections thereafter SBCTA may establish an inspection fee, which may be changed from time to time, as part of an inspection program. The user shall pay such fee for each such inspection. Failure to pay the fee may result in termination of the License 18 4 Sale or Lease of Premises. SBCTA may at any time place on or about the Premises (including the Improvements) any ordinary "for sale" and "for lease" signs. Licensee shall also permit SBCTA and its agents, upon request, to enter the Premises or any part thereof, at reasonable times during normal business hours, to show the Premises to prospective tenants, purchasers or mortgagees. City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No: 13 19 ENVIRONMENTAL ASSESSMENT Upon execution of this License, SBCTA may, in its sole discretion and if applicable, require Licensee to retain a duly licensed environmental consultant acceptable to SBCTA who shall perform an environmental assessment of the Premises and Licensee's and Licensee's Parties' business activities and prepare a report on Licensee's and/or Licensee's Parties' compliance with the provisions of this section. SBCTA may, if applicable, require Licensee to cause a similar environmental assessment to be conducted on an annual basis, and/or upon or within one (1) year after the expiration or earlier termination of this License, the cost of which shall be the sole responsibility of Licensee. Licensee shall provide a copy of the report or reports from the consultant(s) promptly to SBCTA upon receipt, and upon request shall promptly provide to SBCTA a copy of all data, documents and other information prepared or gathered in connection therewith. 20 HAZARDOUS/TOXIC MATERIAL USE AND INDEMNITY 20 1 Licensee shall operate and maintain the Premises in compliance with all, and shall not cause or permit the Premises to be in violation of any, Environmental Law which is now or may hereafter become applicable to Licensee or the Premises. As used herein, "Environmental Law" means any federal, state or local environmental, health and/or safety -related law, regulation, standard, decision of a court, permit or permit conditions, currently existing or as amended or adopted in the future. Except for any Hazardous Material expressly approved by SBCTA in writing as shown on Exhibit "C", Licensee shall not cause or permit, or allow any of Licensee's Parties to cause or permit, any Hazardous Material to be brought upon, stored, used, generated, treated or disposed of on or about the SBCTA Property Any Hazardous Material on the site shall be stored, used, generated and disposed of in accordance with all applicable Environmental Laws. As used herein, "Hazardous Material" means any chemical, substance or material, including any mixture or solution, which by virtue of its properties or effects is potentially harmful to health, safety or property, or which is now or becomes in the future listed, defined or regulated in any manner under any Environmental Law as a hazardous or dangerous material or substance. 20.2 Licensee shall indemnify, defend (by counsel acceptable to SBCTA) and hold harmless the Indemnitees (as defined in Section 9, Indemnification) from and against all loss, liability, claim, damage, cost or expense (including without limitation, any fines, penalties, judgments, litigation expenses, attorneys' fees, and consulting, engineering, and construction fees and expenses) incurred by Indemnitees as a result of (a) Licensee's breach of any prohibition or provision of this section, or (b) any release of Hazardous Material upon or from the Improvements or the Premises or contamination of the SBCTA Property (i) which occurs due to the use and occupancy of the Improvements or the Premises by Licensee or Licensee's Parties, or (ii) which is made worse due to the act or failure to act of Licensee or Licensee's Parties. 20.3 The foregoing indemnity shall be effective regardless of any negligence (whether active, passive, derivative, joint, concurring or comparative) on the part of Indemnitees, unless caused solely by the gross negligence or willful misconduct of City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No: 14 Indemnitees, shall survive termination or End Date of this License; and is in addition to any other rights or remedies which Indemnitees may have under the law or under this License 20 4 In addition, in the event of any release on or contamination of the Premises, Licensee, at its sole expense, shall promptly take all actions necessary to clean up the affected property (including the SBCTA Property and all affected adjacent property — whether or not owned by SBCTA) and to return the affected property to the condition existing prior to such release or contamination, to the satisfaction of SBCTA and any governmental authorities having jurisdiction. 21 UNDERGROUND STORAGE TANKS 21 1 NEITHER LICENSEE NOR LICENSEE'S PARTIES SHALL INSTALL OR USE ANY UNDERGROUND STORAGE TANKS ON THE PREMISES UNLESS SPECIFICALLY APPROVED IN ADVANCE IN WRITING BY SBCTA, WHICH APPROVAL MAY BE WITHHELD IN SBCTA'S SOLE DISCRETION 21.2 At SBCTA's option, upon the termination of this License at any time and for any reason, Licensee shall, prior to the effective date of such termination, remove and close all underground storage tanks and related equipment and clean up and remove all Hazardous Material in, on, under and about the Premises, in accordance with the requirements of all Environmental Laws and to the satisfaction of SBCTA and any governmental authorities having jurisdiction, and deliver to SBCTA a copy of a certificate of closure issued for such tanks by the appropriate governmental authority 22. CONDEMNATION In the event all or any portion of the Premises shall be taken or condemned for public use by a governmental agency or any other party having the power of eminent domain (including conveyance by deed in lieu of or in settlement of condemnation proceedings), Licensee shall receive compensation (if any) only for the taking and damage to the Improvements. Any other compensation or damages arising out of such taking or condemnation awarded to Licensee are hereby assigned by Licensee to SBCTA. 23 BROKER'S FEES Licensee agrees to indemnify and hold SBCTA harmless from and against any claims by any broker, agent or other person claiming a commission or other form of compensation by virtue of having dealt with Licensee with regard to obtaining this License. 24. SUBORDINATE RIGHTS This License is subject and subordinate to the prior and continuing rights and obligation of SBCTA, its successors and assigns, to use the SBCTA Property in the exercise of its powers and in the performance of its duties, including those as a public transportation body, and to all Bonds issued by SBCTA and their Indentures. Accordingly, there is reserved and retained unto City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No 15 SBCTA, its successors, assigns and permittees, the right to construct, reconstruct, operate, maintain and use existing and future rail tracks, facilities and appurtenances and existing and future transportation, communication, pipeline and other facilities and appurtenances in, upon, over, under, across and along the SBCTA Property or any portion thereof, and in connection therewith the right to grant and convey to others, rights and interests to the SBCTA Property or the Premises and in the vicinity of the Improvements, regardless of any effect or impact on the Improvements. Licensee shall bear all costs and losses it incurs associated with any modifications to the Improvements necessary to accommodate SBCTA's exercise of any right hereunder This License is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, claims and other matters of title ("title exceptions") which may affect the SBCTA Property now or hereafter This License is executed and delivered by SBCTA without any warranty of title, express or implied, and the words "grant" or "convey" as used herein shall not be construed as a warranty of title or a covenant against the existence of any such title exceptions. 25. ABANDONMENT Should Licensee at any time abandon the use of the Improvements or the Premises, or any part thereof, or fail at any time for a continuous period of ninety (90) days to use the same for the purposes contemplated herein, then this License shall terminate to the extent of the portion so abandoned or discontinued, and in addition to any other rights or remedies, SBCTA shall immediately be entitled to exclusive possession and ownership of the portion so abandoned or discontinued, without the encumbrance of this License. 26. GENERAL PROVISIONS 26 1 Notices. All notices and demands which either of the Parties is required to or desires to give to the other shall be made in writing by personal delivery, by express courier service or by certified mail postage prepaid, and addressed to the other Party at its address set forth in the Basic License Provisions. Either of the Parties may change its address for the receipt of notice by giving written notice thereof to the other Party in the manner herein provided. Notices shall be effective only upon receipt by the Party to whom notice or demand is given. 26.2 Governing Law This License shall be governed by the laws of the State of California. 26 3 Binding Effect. The terms, provisions and covenants and conditions contained in this License shall apply to, inure to the benefit of, and be binding upon, the parties hereto and upon their respective heirs, legal representatives, successors and permitted assigns, except as otherwise herein expressly provided. If more than one person executes this License as Licensee, then each shall be jointly and severally liable for all obligations of Licensee hereunder 26 4 No Third Party Beneficiaries. This License is not intended by either party to confer any benefit on any third party other than the constituent members of SBCTA, including without limitations any broker, finder, or brokerage firm. City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No 16 26 5 Severability If any term, covenant, condition or provision of this License, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this License, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby 26 6 Interest on Past -due Obligations. Except as expressly herein provided, any amount due to SBCTA that is not paid when due shall bear interest, from the date due, at the maximum rate then allowable by law Such interest will be due SBCTA as it accrues. Payment of such interest shall not excuse or cure any default by Licensee under this License, provided, however, that interest shall not be payable on late charges incurred by Licensee. 26 7 Captions. The captions included in this License are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this License or any provision hereof, or in any way affect the interpretation of this License. 26 8 Survival of Obligations. All obligations of Licensee hereunder not fully performed as of the expiration or earlier termination of the Term of this License shall survive the expiration or earlier termination of this License, including without limitation all indemnity and defense obligations, all payment obligations with respect to Fees and all obligations concerning the condition of the SBCTA Property and the Improvements 26 9 Waiver of Covenants or Conditions. The waiver by either Party of any term, covenant, agreement or condition under this License shall not invalidate this License, nor shall it be considered a waiver by it of any other covenant or condition or of the same covenant or condition in another instance To the extent patterns of practice between the Parties are inconsistent with the terms of this License, such patterns of practice shall not waive in part or in full SBCTA's right to insist upon strict accordance with any of the provisions of this License. The subsequent acceptance of payments hereunder by SBCTA shall not be deemed to be a waiver of any preceding breach by Licensee of any provisions, covenant, agreement or condition of this License, other than the failure of Licensee to pay the particular payment so accepted, regardless of SBCTA's knowledge of such proceeding breach at the time of acceptance of such payment. 26 10 Effective Date/Nonbinding Offer Submission of this License for examination or signature by Licensee does not constitute an offer of or option for a license, and it is not effective as a license or otherwise until executed and delivered by both SBCTA and Licensee. Each individual executing this License on behalf of SBCTA or Licensee represents and warrants to the other Party that he or she is authorized to do so 26 11 Assignment. This License and the license granted herein are personal to the Licensee Licensee shall not assign or transfer (whether voluntary or involuntary) this License in whole or in part, or permit any other person or entity to use the rights or City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No 17 privileges hereby conveyed, without the prior written consent of SBCTA, which may be withheld in SBCTA's sole and absolute discretion, and any attempted act in violation of the foregoing shall be void and without effect and be a material breach of this License, which gives SBCTA the right to immediately terminate this License and seek all other available remedies for breach. 26 12 Entire Agreement; Amendments. This License, including all attached Exhibits, constitutes the entire agreement between the Parties and supersedes all prior verbal or written agreements and understandings between the Parties with respect to the items set forth in this License The Parties each acknowledge that no representations, inducements, promises or agreements, oral or written, have been made by either SBCTA or Licensee, or anyone acting on behalf of SBCTA or Licensee, other than those contained in this License No amendments, changes, revisions, or discharges, at any time in whole or in part, of this License shall be binding upon the Parties unless they are in writing and executed by the Parties. 26 13 Attorneys' Fees. If either SBCTA or Licensee commences or engages in, or threatens to commence or engage in, an action by or against the other party arising out of or in connection with this License or the Premises, the prevailing party shall be entitled to have and recover from the losing party reasonable attorneys' fees and other costs incurred in connection with the action, preparation for such action, any appeals relating thereto and enforcing any judgments rendered in connection therewith. If SBCTA becomes involved in any action, threatened or actual, by or against anyone not a party to this License, but arising by reason of or related to any act or omission of Licensee or Licensee's Parties, Licensee agrees to pay SBCTA's reasonable attorneys' fees and other costs incurred in connection with the action, preparation for such action, any appeals relating thereto and enforcing any judgments rendered in connection therewith. 26 14 Nondiscrimination. Licensee certifies and agrees that all persons employed by Licensee and Licensee's affiliates, subsidiaries, or holding companies, and any contractors retained by Licensee with respect to the Premises, are and shall be treated equally without regard to or because of race, religion, ancestry, national origin, or sex, and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to the Civil Rights Act of 1964, the Unruh Civil Rights Act; the Cartwright Act; and the California Fair Employment Practices Act. 26 15 Further Acts. Licensee agrees to perform any further acts and to execute and deliver in recordable form any documents which may be reasonably necessary to carry out the provisions of this License, including, at SBCTA's sole discretion, the relocation of the Improvements and the license granted hereby 26 16 Time of Essence. Time is of the essence for this License. 26 17 Certificates. Licensee agrees from time to time within ten (10) days after request of SBCTA, to deliver to SBCTA, or SBCTA's designee, all financial statements for the previous three (3) fiscal years of Licensee, and an estoppel certificate stating that City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No 18 this License is in full force and effect, the date to which all applicable payments have been paid, the unexpired Term of this License and such other matters pertaining to this License as may be requested by SBCTA. 26 18 Security Measures. Licensee hereby acknowledges that the payments payable to SBCTA hereunder do not include the cost of guard service or other security measures, and that SBCTA shall have no obligation whatsoever to provide same. Licensee assumes all responsibility for the protection of Licensee, Licensee's Parties and their property from acts of third parties. 26 19 Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment, and there shall survive the right on the part of said party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this License. 26.20 No Recording. Licensee shall not record or permit to be recorded in the official records of the county where the Premises are located, this License, any memorandum of this License or any other document giving notice of the existence of this License or the license granted hereby 26.21 Flagmen. Where applicable, as a part of or in addition to all other safety obligations, Licensee shall maintain, at Licensee's expense, competent flagmen to protect and control movement of vehicles and equipment of Licensee or any other user of the Premises while upon the Premises, consistent with any applicable laws and regulations regarding work protection, including the rules and policies of SBCTA and/or any railroad operator having rights to utilize any affected or adjacent railroad tracks. 26.22 Additional Provisions. Those additional provisions set forth in Exhibit "D", if any, are hereby incorporated by this reference as if fully set forth herein. To the extent that any additional provisions in Exhibit "D" conflict with the provisions contained in this Part II, Standard License Provisions, the provisions in Exhibit "D" shall control. City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No 19 Exhibit "A" Premises City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No 1 0 25 50 A University Station Parking Lot 100 150 200 Feet A 59,230 square foot use of the Redlands Subdivision for a Rail Commuter Parking Lot, 613 feet by 100 feet, more or Tess, excepting that portion of the rail right of way maintained as Park Avenue 18-1001928 - Exhibit A Exhibit "B" INSURANCE REQUIREMENTS City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No 1 Exhibit "B" INSURANCE REQUIREMENTS 1 AGREEMENT shall mean the permit, license, lease, or location specific exhibit to which this Exhibit is attached. WORK shall mean any activity or use permitted under the AGREEMENT The holder of the AGREEMENT is hereinafter referred to as PERMITTEE. PERMITTEE shall at all times during the term of the AGREEMENT or for such other periods as required herein, procure and maintain broad form insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the use of SBCTA property hereunder by the PERMITTEE, its agents, representatives, employees, or subcontractors, with coverage at least as broad as the following minimum requirements specified below Selected subparagraphs to this Paragraph 1 shall apply' 1 1 ® Worker's Compensation/Employer's Liability The policies must include the following: • Coverage A. Statutory Benefits • Coverage B Employer's Liability • Bodily Injury by accident - $1,000,000 per accident • Bodily Injury by disease - $1,000,000 policy limit/$1,000,000 each employee Such policies shall contain a waiver of subrogation in favor of the parties named as Indemnitees below Such insurance shall be in strict accordance with the applicable workers' compensation laws in effect during performance of the WORK by PERMITTEE, any subcontractor of any tier All subcontractors of any tier performing any portion of the WORK for PERMITTEE shall also obtain and maintain the same insurance coverage as specified in this subparagraph, with a waiver of subrogation in favor of PERMITTEE and all parties named as Indemnitees by the AGREEMENT Where coverage is provided through the California State Compensation Insurance Fund, the requirement for a minimum A.M. Best rating does not apply 1.2. ® Commercial General Liability. The policy must include the following: • PERMITTEE shall maintain commercial general liability (CGL) insurance (Insurance Services Office (ISO) Form CG 00 01), and if necessary excess/umbrella commercial liability insurance, with a combined limit of liability of not less than $7,000,000 each occurrence. If the AGREEMENT value is equal to or in excess of $25 000, 000, then the combined limit of liability shall be no less than $25,000,000 each occurrence. • The policy shall, at a minimum, include coverage for any and all of the following: bodily injury, property damage, personal injury, broad form contractual liability (including coverage to the maximum extent possible for the indemnifications in the AGREEMENT), premises -operations (including explosion, collapse and underground coverage), duty to defend in addition to (without reducing) the limits of the policy(ies), and products and completed operations. o $2,000,000 per occurrence limit for property damage or bodily injury o $1,000,000 per occurrence limit for personal injury and advertising injury o $2,000,000 per occurrence limits for products/completed operations coverage (ISO Form 20 37 10 01) if SBCTA's Risk Manager determines it is in SBCTA's best interests to require such coverage, o If a general aggregate applies, it shall apply separately to this project/location. The project name must be indicated under "Description of Operations/Locations" (ISO Form CG 25 03 or CG 2504) • Coverage is to be on an "occurrence" form. "Claims made" and "modified occurrence" forms are not acceptable. Insurance Requirements Exhibit B SBCTA Contract No. 18-1001928 I File No. • A copy of the declaration page or endorsement page listing all policy endorsements for the CGL policy must be included. All subcontractors of any tier performing any portion of the WORK for PERMITTEE shall also obtain and maintain the CGL insurance coverage with limits not less than. • Each occurrence limit: $1,000,000 • General aggregate limit: $2,000,000 • Personal injury and advertising limit $1,000,000 • Products -completed operations aggregate limit $2,000,000 All subcontractors' deductibles or self -insured retentions must be acceptable to SBCTA's Risk Manager 1.3 ® Umbrella/Excess CGL. The policy must include the following: • If the PERMITTEE elects to include an umbrella or excess policy to cover any of the total limits required beyond the primary commercial general liability policy limits and/or the primary commercial automobile liability policy limits, then the policy must include the following: o The umbrella or excess policy shall follow form over the PERMITTEE's primary general liability coverage and shall provide a separate aggregate limit for products and completed operations coverage. o The umbrella or excess policy shall not contain any restrictions or exclusions beyond what is contained in the primary policy o The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. o The umbrella or excess policy must also extend coverage over the automobile policy if it is to be used in combination with the primary automobile policy to meet the total insurance requirement limits. There shall be no statement limiting the coverage provided to the parties listed as additionally insureds or as indemnitees in the AGREEMENT 1 4 ® Commercial Auto. The policy must include the following: • A total limit of liability of not less than $5,000,000 each accident. This total limit of liability may be met by combining the limits of the primary auto policy with an umbrella or excess policy in accordance with Section 1.3 (Umbrella/Excess CGL), above. • Such insurance shall cover liability arising out of any vehicle, including owned, hired, leased, borrowed and non -owned vehicles assigned to or used in performance of the WORK. • Combined Bodily Injury and Property Damage Liability insurance The commercial automobile liability insurance shall be written on the most recent edition of ISO Form CA 00 01 or equivalent acceptable to SBCTA. 1.5 ❑ Pollution Liability The policy must include the following: • $2,000,000 per claim or occurrence limits/$4,000,000 in the aggregate • If the WORK involves mold identification / remediation, the policy shall not contain a mold exclusion and the definition of "Pollution" shall include microbial matter including mold. • If the WORK involves lead -based paint or asbestos identification/remediation, the policy shall Insurance Requirements Exhibit B SBCTA Contract No. 18-1001928 2 File No. not contain lead -based paint or asbestos exclusions. 1 6 ❑ Railroad Protective Liability Insurance: Insurance Services Office Form Railroad Protective Liability, AAR-AASHTO (ISO/RIMA), in the name of SCRRA with respect to the operations they or any of their subcontractors perform on the Property Minimum Limits. $2 million per occurrence, combined single limit, for coverage and for losses arising out of injury to or death of all persons and for physical loss or damage to or destruction of Property, including the loss of use thereof. A $6 million annual aggregate shall apply If providing coverage on the London claims - made form, the following provisions shall apply. • The limits of liability shall be not less than $3 million per occurrence, combined single limit. A $9 million aggregate may apply • Declarations item 6, extended claims made date, shall allow an extended claims made period no shorter than the length of the original policy period plus one year • If equivalent or better, wording is not contained in the policy form, the following endorsement must be included. o It is agreed that "physical damage to Property" means direct and accidental loss of or damage to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbed, catenaries, signals, bridges or buildings. In cases of low hazard activity and insignificant risk to rail facilities, and if the exposure to the track is physically separated by a building, floor or a continuous fence (no thoroughfares) and the employees of the Contractor are explicitly notified, trained, and supervised such that they are not permitted to have any contact with the track or its related improvements, the Railroad Protective Liability Insurance requirement may be waived by SBCTA, or its designated representative, in SBCTA's sole and absolute discretion, where SBCTA's agreements and obligations with rail operators allow it. 2. General Provisions 2.1 Qualifications of Insurance Carriers. All policies shall be written by insurance carriers shall be authorized and admitted to do business in the state of California with a current A.M. Best rating of A-VIII or better Contractor's Pollution Liability policies may be from non -admitted carriers provided they are authorized and licensed in the state of California and meet the current A.M. Best rating of A. VIII or better 2.2 Additional Insurance Coverage. All policies, except those for Workers' Compensation insurance, shall be endorsed by ISO Form CG 20 10 11 85, or if not available, then ISO Forin CG 20 38, to name San Bernardino County Transportation Authority and its officers, directors, members, employees, agents and volunteers, as additional insureds ("Additional Insureds") With respect to general liability arising out of or connected with work or operations performed by or on behalf of the PERMITTEE permitted under this AGREEMENT, coverage for such Additional Insureds shall not extend to liability to the extent prohibited by section 11580 04 of the Insurance Code. The additional insured endorsements shall not limit the scope of coverage for SBCTA to vicarious liability but shall allow coverage for SBCTA to the full extent provided by the policy 2.3 Proof of Coverage. Evidence of insurance in a form acceptable to SBCTA's Risk Manager, including declarations pages of each policy, certificates of insurance and the required additional insured endorsements, shall be provided to SBCTA's Procurement Analyst prior to issuance of the NTP or prior to commencing any WORK, as SBCTA specifies. Certificate(s) of insurance, as evidence of the required insurance shall. be executed by a duly authorized representative of each insurer; show compliance with the insurance requirements set forth in the AGREEMENT together with Exhibit B, set forth deductible amounts applicable to each policy; list all exclusions which are added by endorsement to each policy; and also include the Contract Number and the SBCTA Project Manager's name on the face of the certificate. If requested in writing by SBCTA, Insurance Requirements Exhibit B SBCTA Contract No. 18-1001928 3 File No PERMITTEE shall submit complete copies of all required insurance policies within ten (10) business days of a written request by SBCTA. 2.4 Deductibles. Regardless of the allowance of exclusions or deductibles by SBCTA, PERMITTEE shall be responsible for any deductible amount and shall warrant that the coverage provided to SBCTA is consistent with the requirements of the AGREEMENT together with Exhibit B PERMITTEE will pay, and shall require its sub -consultants to pay, all deductibles, co -pay obligations, premiums and any other sums due under the insurance required in Exhibit B All deductibles will be in amounts acceptable to SBCTA's Risk Manager PERMITTEE will advise SBCTA in writing as to the amounts of any deductible, or as to any increase in any insurance deductible under any insurance required above. There will be no deductibles in excess of $250,000 per occurrence, loss or claim under the insurance. There shall be no self -insured retention. SBCTA will have the right, but not the obligation, to pay any deductible due under any insurance policy If SBCTA pays any sums due under any insurance required above, SBCTA may withhold said sums from any amounts due PERMITTEE. The policies shall not provide that any deductible, or other payment required under the policy can be paid only by the named insured, and not by an additional insured. 2.5 PERMITTEE's and Subcontractors' Insurance will be Primary. All policies required to be maintained by the PERMITTEE or any subcontractor with the exception of Professional Liability and Worker's Compensation shall be endorsed, with a form at least as broad as ISO Form CG 20 01 04 13), to be primary coverage, and any coverage carried by any of the Additional Insureds shall be excess and non-contributory Further, none of PERMITTEE's nor subcontractors' pollution, automobile, general liability or other liability policies (primary or excess) will contain any cross -liability exclusion barring coverage for claims by an additional insured against a named insured. 2.6 Waiver of Subrogation Rights. To the fullest extent permitted by law, PERMITTEE hereby waives all rights of recovery under subrogation against the Additional Insureds named herein, and any other consultant, subconsultant or sub-subconsultant performing work or rendering services on behalf of SBCTA, in connection with the planning, development and construction of the Project. To the fullest extent permitted by law, PERMITTEE shall require similar written express waivers and insurance clauses from each of its subcontractors of every tier PERMITTEE shall require all of the policies and coverages required in Exhibit B to waive all rights of subrogation against the Additional Insureds (ISO Form CG 24 04 05 09) Such insurance and coverages provided shall not prohibit PERMITTEE from waiving the right of subrogation prior to a loss or claim. 2.7 Cancellation. If any insurance company elects to cancel or non -renew coverage for any reason, PERMITTEE will provide SBCTA thirty (30) days prior written notice of such cancellation or nonrenewal. If the policy is cancelled for nonpayment of premium, PERMITTEE will provide SBCTA ten (10) days prior written notice. In any event, PERMITTEE will provide SBCTA with a copy of any notice of termination or notice of any other change to any insurance coverage required herein which PERMITTEE receives within one business day after PERMITTEE receives it by submitting it to SBCTA at procurement@gosbcta.com to the attention of SBCTA's Procurement Analyst, and by depositing a copy of the notice in the U S Mail in accordance with the notice provisions of the AGREEMENT 2.8 Enforcement. SBCTA may take any steps as are necessary to assure PERMITTEE's compliance with its insurance obligations as identified within the AGREEMENT and / or Exhibit B Failure to continuously maintain insurance coverage as provided herein is a material breach of contract. In the event the PERMITTEE fails to obtain or maintain any insurance coverage required, SBCTA may, but is not required to, maintain this coverage and charge the expense to the PERMITTEE or withhold such expense from amounts owed PERMITTEE, or terminate the AGREEMENT The insurance required or provided shall in no way limit or relieve PERMITTEE of its duties and responsibility under the Contract, including but not limited to obligation to indemnify, defend and hold harmless the Indelnnitees named below Insurance coverage in the minimum amounts set forth Insurance Requirements Exhibit B SBCTA Contract No. 18-1001928 4 File No. herein shall not be construed to relieve PERMITTEE for liability in excess of such coverage, nor shall it preclude SBCTA from taking other actions as available to it under any other provision of the Contract or law Nothing contained herein shall relieve PERMITTEE, or any subcontractor of any tier, of their obligations to exercise due care in the performance of their duties in connection with the WORK, and to complete the WORK in strict compliance with the AGREEMENT 2.9 No Waiver Failure of SBCTA to enforce in a timely manner any of the provisions of Exhibit B shall not act as a waiver to enforcement of any of these provisions at a later date. 2.10 Contractors and Subcontractors Insurance. Insurance required of the PERMITTEE shall be also provided by subcontractors, or by PERMITTEE on behalf of all subcontractors, to cover WORK, performed by said subcontractors, permitted under the AGREEMENT PERMITTEE may reduce types and the amounts of insurance limits provided by subcontractors to be proportionate to the amount of the subcontractor's contract and the level of liability exposure for the specific type of work performed by the subcontractor PERMITTEE shall be held responsible for all modifications, deviations, or omissions in these insurance requirements as they apply to subcontractor 2.11 Higher limits. If PERMITTEE maintains higher limits than the minimums shown above, SBCTA shall be entitled to coverage for the higher limits maintained by PERMITTEE. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to SBCTA. 2.12. Special Risks or Circumstances. SBCTA reserves the right to modify any or all of the above insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Insurance Requirements Exhibit B SBCTA Contract No. 18-1001928 5 File No. Exhibit "C" Permitted Hazardous Material No hazardous material is permitted to be used or stored on Premises. City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No: 1 Exhibit "D" Additional Provisions City of Redlands SBCTA Contract 18-1001928 Form Approved 4/21/15 File No: 1 Exhibit "D" ADDITIONAL REQUIREMENTS The following Additional Requirements are imposed on the Tenant/Licensee/Permittee and all of its contractors, subcontractors, employees, laborers or other persons performing any work upon SBCTA property on behalf of Tenant/Licensee/Permittee, and are made part of the terms of the Lease/License/Permit to which this Exhibit D is attached ("Agreement") As used hereinafter, the term "Contractor" shall include the Tenant/Licensee/Permittee and each and every one of its contractors, subcontractors, employees, laborers, agents or other persons performing any work upon SBCTA property on behalf of Tenant/Licensee/Permittee, and the term "railroad operator" or "operating railroad" shall mean Southern California Regional Rail Authority (SCRRA), Burlington Northern Santa Fe Railroad Railway Company (BNSF) and/or any other railroad company or rail carrier having operating rights over rail lines owned or controlled by SBCTA. Contractor shall fully comply with each and every one of the Additional Requirements below which is in any way applicable to the type of use, construction, installation or facility allowed under the Contractor's Agreement and approved by SBCTA as required thereunder ("Permitted Use") The inclusion of an Additional Requirement below that is not in any way applicable to the Contractor's Permitted Use shall not imply any right, permission or consent to expand the Permitted Use in any way 1 Contractor agrees to execute and deliver to each railroad operator prior to commencing any work within the rail right-of-way, a railroad Right of Entry Agreement which will include agreement to abide by each railroad operator's rules and requirements for construction on railway property Contractor shall secure approval from SBCTA and each railroad operator of the design of any structures and facilities prior to commencing work on their construction or installation. 2. Contractor will acquire and comply with any and all additional permits required by the railroad operator(s), affected public utilities and/or by any government agency having jurisdiction. Any permit fees, inspection fees, flagging fees, or costs associated with the use or maintenance of the Premise by any governmental agency, department, or organization, and any labor expenses for the installation or maintenance of any permitted improvements are the Contractor's sole responsibility Fully conformed copies of all permits are to be provided to SBCTA. Additional permits required of the Contractor may include but are not limited to encroachment permits, Storm Water Pollution Prevention Plans, environmental permits, temporary use permits, regulatory permits and third party utility permits. Contractors shall have all original executed agreements and permits on hand while on site and will present them on demand of representative of SBCTA and/or the railroad operator(s) Prior to the commencement of work, the contractor shall submit to SBCTA for review and approval, a description of the work process including a detailed schedule of all work activities to be carried out on SBCTA property SCRRA's Right of Way Engineers Office - (909) 394 - 3418, BNSF's Roadmaster Office - (909) 386 - 4061 Exhibit To Additional Requirements SBCTA Contract No. 18-1001928 Form Approved 2019 03 06 1 File No. Exhibit "D" 3 Contractor at its sole cost and expense shall obtain and maintain, in full force and effect, insurance, as required by SBCTA and the railroad operator(s) during the entire construction period. The Contractor shall furnish copies of the insurance certificates to SBCTA and all affected railroad operators. 4 Contractor agrees to comply with instructions of SBCTA and each railroad operator's Employee -In -Charge (EIC) and other representatives in relation to the proper manner of protection of the tracks and the traffic moving thereon, pole lines, signals and other property of SBCTA or its member agencies, tenants or licensees at or in the vicinity of the work, and shall perform the work at such times as not to endanger or interfere with safe and timely operations of railroad operators or of SBCTA's track and other facilities. 5 Contractor will call the appropriate operating railroad to arrange for flagging services a minimum of fifteen (15) working days prior to beginning work. Although every effort is made to accommodate schedules, prior notification does not guarantee the availability of protective/flagging services for the proposed date of work. The SCRRA/BNSF flagman/EIC has sole authority to protect safe railroad operations and infrastructure, therefore, only they and their representatives are permitted to perform flagging operations within the railroad right-of-way At all times the contractor shall follow the flagman/EIC's direction. Contractor's work may not proceed in the absence of a flagman in accordance with applicable rules. At no time shall any contractor be permitted to cross any track or place or maintain any personnel or equipment within the railroad right-of- way without the permission of the railroad flagman. SCRRA's Flagging Office (213) 305-8424 BNSF's Flagging Office (909) 386-4061 6 Prior to the start of construction and at the contractor's expense, all personnel including subcontractors and third parties shall complete SCRRA's/BNSF's Third Party Safety Training course, which is required for all work near or within the railroad right-of-way Evidence of training must be supplied upon request of SBCTA and its representatives. No work may commence on the railroad right-of-way until this training has been completed. The contractor shall make the necessary arrangements for each equipment operator to have constant and direct radio contact with their foreman. The foreman will in turn have constant and direct contact with the SCRRA/BNSF flagman/EIC 7 Contractor shall be responsible for the location and protection of any and all surface, sub- surface, and overhead lines, structures and improvements. Contractor shall not damage, destroy or interfere with any existing encumbrances, licenses and rights (whether public or private), granted upon or relating to the railroad right-of-way It shall be the Contractor's responsibility to contact Underground Alert and locate all underground facilities prior to the commencement of construction. At the same time, the contractor shall notify the operating railroad for signal and communications cables and conduits mark -outs. Contractor shall obtain permission from the owners of any fiber optic, gas, electrical, water, oil or other lines which may be impacted by work on or any use of the Premises by Contractor SCRRA Signal Department (909) 592-1346 BNSF Signal Department (909) 386-4051 Exhibit `D' Additional Requirements SBCTA Contract No. 18-1001928 Fonn Approved 2019 03 06 2 File No. Exhibit "D" 8. In case of signal emergencies or grade crossing problems, the contractor shall call the following emergency numbers. SCRRA Signal Emergency Department (888) 446-9721 BNSF Signal Emergency Department (909) 386-4051 9 Contractor shall prepare and submit traffic control plan for SBCTA/SCRRA approval for projects that will affect vehicular traffic at an existing highway -rail grade crossing. 10 If SBCTA or any of its associated rail entities or railroad operators deem it necessary in the future, to modify, or to build additional, track or tracks or other facilities in connection with the operation of its railroad, at the request of SBCTA, contractor shall modify, at its own expense, any or all of its permitted facilities to conform to the rail facilities. 11 Both Contractor and SBCTA acknowledge that the Premises is Licensed in "AS IS" condition and any track removal, grading, paving and fencing as may be necessary or required to meet Contractor's needs will be the sole responsibility and at the sole cost of the Contractor and subject to SBCTA's and any affected operating railroad's prior review and approval, which may be withheld in SBCTA's or the affected operating railroad's sole and absolute discretion. SBCTA or the affected operating railroad may require that any track removal and/or other work within the right-of-way be done by SBCTA or the railroad operator, respectively, but all such work shall remain at the sole cost of the Contractor, who may be required to deposit the estimated cost plus 25% in advance of the work, subject to refund or additional charge at the conclusion of the work. No permanent structures may be constructed on the premises without SBCTA's prior written approval. Contractor will be responsible for the removal of any or all permitted improvements upon termination of Agreement as directed by SBCTA. 12. Contractor shall pay for any and all utilities for its benefit, security and use. 13 SBCTA makes no warranties as to the suitability of the location for Contractor's intended use, and Contractor assumes all risks as to environmental compliance, zoning, visibility, or any other factors which may affect Contractor's intended use of the premises. 14 Boring of carrier or direct burial utilities by directional boring methods is prohibited. 15 Signs are not permitted on or along the perimeter of the Premises unless such signs were requested and approved under Contractor's original proposal and covered by the required insurance. The contractor shall install permanent signs identifying the location of pipes at the edge of the railroad right-of-way unless within a public grade crossing. 16 Contractor shall not bring upon or use any import soil on the Premises in conjunction with any purposes allowed under this Agreement, until said import soil has been laboratory tested by a certified hazardous waste testing laboratory and the test results have been approved by SBCTA. Additionally, any soil currently existing on the Premises may not be spread on the Premises unless and until it is characterized as clean soil to the reasonable satisfaction of SBCTA. All soil piles are to be placed on a barrier to prevent intermingling with surface soils. Exhibit D' Additional Requirements SBCTA Contract No. 18-1001928 Form Approved 2019 03 06 3 File No. Exhibit "D" 17 Contractor shall keep the Premises free and clear of weeds, trash, vegetation, unauthorized vehicle parking and graffiti and from occupancy by transients/homeless persons or individuals. Contractor shall be fully responsible for all maintenance and maintenance of adjoining SBCTA property that is required or necessary in connection with Contractor's use of Premises. 18 Prior to commencement of construction, the contractor shall submit to SBCTA / SCRRA a plan showing the proposed method of casing installation, construction access, stockpile locations, SWPPP control measures, fencing type and location and a milestone schedule 19 For pipelines carrying flammable or hazardous materials, the contractor shall adhere to special conditions stated in the Right of Entry (ROE) Agreement. 20 The jacking and receiving pits shall be constructed outside of the railroad right of way unless shown on the SBCTA approved plans and shall not be located between any track and the automatic signal gate arms. The contractor shall layout the proposed jack and bore pits prior to the commencement of work. Only after the SBCTA/SCRRA inspector has approved the layout will the Contractor be allowed to begin work. 21 Contractor shall construct a temporary fence along the railroad right—of-way, or along the edge of pits closest to the track, on both sides of the pit, extending 50-feet in both directions from the pit, and measuring a minimum of 6-feet high. Fences are not required for work at grade crossings. Contractor shall pave the Premises area with asphalt or concrete, when requested, around the entire perimeter of the property as described in the Agreement in Part I and Exhibit "A" Contractor shall be responsible for total expense of fencing and asphalt. 22. All jack and bore operations within the railroad right-of-way shall be performed continuously on a 24-hour basis until work is completed with a SCRRA/BNSF flagman and SCRRA/BNSF inspector present at all times. Should work begin without the flagman and inspector present, the work will be halted and any casing installed will be abandoned in place, pressure grouted full, and capped to the satisfaction of SBCTA. 23 The contractor shall submit to SBCTA/SCRRA for review, drawings and calculations for any shoring that may affect or be influenced by the railroad tracks. All shoring designs shall comply with the requirements of, and be approved by, SBCTA and/or the affected operating railroad. All drawings and calculations shall be signed and stamped by a California licensed Civil or Structural Professional Engineer 24 Prior to commencement of work, the contractor shall submit to SBCTA/SCRRA for review, load calculations for the proposed jacking casing with applied load as defined by Cooper E-80 with a 50% added impact load. The calculations shall be signed and stamped by a California licensed Civil or Structural Professional Engineer 25 Should ground water or loose or unstable soils conditions be encountered during construction, the contractor shall immediately stop work, notify the railroad flagman, provide necessary structural support to track and other railroad structures, and notify the affected operating railroads and SBCTA. It shall be the responsibihty of the contractor to make necessary corrections to the construction process to allow for said conditions. 26. All underground utilities under railroad tracks shall be encased in a larger pipe or conduit Exhibit `D' Additional Requirements SBCTA Contract No. 18-1001928 Form Approved 2019 03 06 4 File No Exhibit "D" called the "casing pipe" Said casing pipe shall be installed across the entire width of the railroad right-of-way and shall extend beyond the right of way a minimum of 10-feet. The top of the casing shall have a minimum depth of 6-feet below the top of tie and a minimum depth of 5-feet below ground surface including bottom of ditches and other low points within the railroad right-of-way All ends of the casing pipe shall be sealed unless otherwise authorized by SBCTA. Casing and carrier pipes shall be constructed to prevent leakage of any substance. When casing pipes are sealed at each end, vent pipes shall be installed. All casing pipes shall be installed with a minimum slope of 1 % Installation of casing pipes by open trenching is prohibited. 27 Abandoned pipes shall be removed from their casing pipes The empty casing pipe shall be pressure grouted full for the entire length of the pipe. Should there be no casing pipe; the abandoned pipe shall be pressure grouted full the entire length of the pipe A SBCTA / SCRRA inspector must be present during the grouting process. 28. Casing jacking shall adhere to the following requirements a. This method shall be in accordance with the American Railway Engineering and Maintenance of Way Association recommended practices, Volume 1, Chapter 1, Part 4, "Earth Boring and Jacking Culvert Pipe Through Fills." This operation shall be conducted without hand -mining ahead of the pipe and without the use of any type of boring, augering, or drilling equipment. b Bracing and backstops and jacks shall be designed and used with sufficient rating so that the jacking can progress without stoppage (except for adding lengths of pipe) until the leading edge of the pipe reaches the receiving pit. c. During jacking, an earth plug 1 5 times the diameter of the casing shall be maintained at all times. Jacking operations shall be continuous on a non-stop, 24- hour per day basis until the jacking operation is completed. 29 Casing boring shall adhere to the following requirements. a. This method consists of pushing the pipe into the fill with a boring auger rotating within the pipe to remove the spoil. When augers or similar devices are used for casing replacement, the front of the pipe shall be provided with mechanical arrangements or devices that will positively prevent the auger from leading the casing so that there will be no unsupported excavation ahead of the casing. The auger and cutting head arrangement shall be removable from within the pipe in the event an obstruction is encountered. The over -cut by the cutting head shall not exceed the outside diameter of the pipe by more than one-half inch. The face of the cutting head shall be arranged to provide reasonable obstruction to the free flow of soft or poor material. b The use of water or other liquids to facilitate casing placement and /or spoil removal is prohibited. c. Plans and descriptions of the auger stop arrangement to be used shall be submitted to SBCTA / SCRRA for approval prior to commencement of work. Exhibit `D' Additional Requirements SBCTA Contract No. 18-1001928 Form Approved 2019 03 06 5 File No. Exhibit "D" d. Any method which employs simultaneous boring and jacking or drilling and jacking for pipes over 8-inches in diameter that does not adhere to the above requirements will not be permitted. For casings 8-inches and smaller in diameter, augering or boring without the same requirements may be considered if approved by SBCTA/SCRRA. 30 If an obstruction is encountered during installation of the casing pipe that will stop the forward action of the pipe, and it becomes evident that it is impossible to advance the pipe, operations will cease and the pipe shall be abandoned in -place and pressure grouted full before continuing with work. Location, length, and depth of abandoned casing pipes and carrier pipes shall be shown on the as -built drawings. 31 Bored or jacked installations shall have a bored -hole diameter essentially the same as the outside diameter of the casing plus the thickness of the protective coating. If voids should develop or if the bored -hole diameter is greater than the outside diameter of the casing pipe, plus coating, by more than approximately 1-inch, grouting or other methods as approved by SBCTA/SCRRA shall be employed to fill such voids. 32. Pressure grouting of the soils before or during jacking or boring may be required to stabilize the soil, control water, prevent loss of material, and prevent settlement or displacement of the ground and/or tracks. Grout shall be cement, chemical or other special injection material selected to accomplish the necessary stabilization. The grouting contractor shall be a specialist in the field with a minimum of 5-years continuous experience of successfully grouting soil. Materials to be used and the method of injection shall be prepared by a California licensed Geotechnical Engineer, or by an experienced and qualified company specializing in this work and submitted for approval by SBCTA/SCRRA prior to the commencement of work. Proof of experience and competency shall accompany the submission. 33 When water is known or expected to be encountered, pumps of sufficient capacity to handle the flow shall be maintained at the site and be constantly attended operationally on a 24-hour per day basis until the SBCTA/SCRRA inspector determines their operation can be safely halted. When dewatering, close observation shall be maintained to detect any settlement or displacement of track, ground, or facilities. 34 The dewatering system shall lower and maintain the ground water level a minimum of 2- feet below the invert at all times during construction by utilizing well points, vacuum well points, or deep wells to prevent the inflow of water or water and soil into the heading. Ground water observation wells may be required to demonstrate that the dewatering requirements are being complied with. 35 The proposed methods of dewatering shall be submitted to SBCTA/SCRRA prior to the commencement of work. The discharge from the dewatermg operations in the vicinity of the railroad shall be carefully monitored. Should excessive fine soils particles, pollutants, or hazardous materials or fluids be observed at any time during the dewatering process, the dewatering shall be halted immediately and cannot resume until the unsatisfactory condition is remedied to the satisfaction of the SBCTA/SCRRA inspector Exhibit `D' Additional Requirements SBCTA Contract No. 18-1001928 Form Approved 2019 03 06 6 File No. Exhibit "D" 36. All backfilling shall be at 90% relative dry compaction. For areas within or that affect the railroad right-of-way, the contractor shall submit a compaction report prepared by a California licensed Geotechnical Professional Engineer prior to release of any deposited fund balance. 37 The Contractor shall remove all temporary facilities constructed on the railroad right-of- way, debris, and other items not originally at the site prior to construction and shall notify SBCTA and any affected operating railroad that all construction has been completed. After as-builts have been received, SBCTA inspects the construction site and signs -off the work, SBCTA will release any unused deposit funds it holds. Contractor shall be responsible to arrange refunds due from any affected operating railroads. 38 A minimum of five feet (5') clearance is required above signal and communication lines for overhead crossings. 39 Poles for any use within the railroad right-of-way must be located fifty -feet (50') out from the centerline of the railroad main, branch and running tracks, CTC sidings, and heavy tonnage spurs. Pole locations adjacent to industry track must provide at least a ten foot (10') clearance from the centerline of track, when measured at right angles. If located adjacent to curved track, then said clearance must be increased at the rate of 1 5 inches per degree of curved track. 40 Regardless of the voltage, un-guyed poles shall be located a minimum distance from the centerline of any track, equal to the height of the pole above the ground —line plus ten feet (10') If guying is required, the guys shall be placed in such a manner as to keep the pole from leaning/falling in the direction of the tracks. 41 Poles must be located a minimum distance from the railroad signal and communication line equal to the height of the pole above the ground -line or else be guyed at right angles to the lines. High voltage towers (34 5 kV and higher) must be located off railroad right- of-way 42. Grade crossings or temporary grade crossing must not be installed under or within five - hundred feet (500') of the end of any railroad bridge, or three hundred feet (300') from the centerline of any culvert or switch area. 43 For overhead crossings, complete spanning of the property is encouraged with supportive structures and appurtenances located outside of the railroad property For electric supply and communication lines, normally the crossing span shall not exceed one -hundred fifty - feet (150') with adjacent span not exceeding 1 5 times the crossing span length. For heavier type construction, longer spans will be considered. 44 To ensure that overhead crossings are clear from contact with any equipment passing under such wires, communication lines shall be constructed with a minimum clearance above top of rail of twenty-eight feet (28') Electric lines must have a fluorescent ball marker on low wire over centerline track. 45 The utility owner will label the poles closest to the crossing with the owner's name and telephone number for emergency contact. 46. Overhead flammable and hazardous material lines are prohibited. Exhibit `D' Additional Requirements SBCTA Contract No. 18-1001928 Fonn Approved 2019 03 06 7 File No. Exhibit "D" 47 Because inductive interference from certain types of lines have the potential to disrupt the railroad signal and communication systems causing failures with the signals, communication, and at -grade crossing warning devices, SBCTA may require that an inductive coordination study be performed prior to approval of the permitted use at the expense of the utility owner for proposed electrical Imes crossing tracks 48 Jomt-use construction is encouraged at locations where more than one utility or type of facility is involved However, electricity and petroleum, natural gas or other flammable materials shall not be combined Initials Exhibit "D" - Additional Requirements SBCTA Contract No 18 1001928 Form Approved 2019 03 06 8 File No