HomeMy WebLinkAboutContracts & Agreements_213-2023SBCTA Contract No. 23-1002930
MASTER LICENSE AGREEMENT
BETWEEN
SBCTA
AND
CITY OF REDLANDS
MASTER LICENSE AGREEMENT
This MASTER LICENSE AGREEMENT ("MLA" or "License") is made and entered into as of
the date executed by SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a
county transportation authority pursuant to Public Utility Code §§ 130800 et seq. ("SBCTA") and,
CITY OF REDLANDS ("Licensee"), upon and in consideration of the agreements, covenants,
terms and conditions below.
PART I — BASIC MASTER LICENSE PROVISIONS
The Basic Master License Provisions provided in Part I and the Standard Master License
Provisions set forth in Part II of this MLA, together with all Exhibits and Attachments referenced
are incorporated into and made part of this MLA. In the event of conflict between Part I, individual
SLEs, and Part II, or between Part I and any Exhibits or Attachments, Part I shall control. In the
event of conflict between Part II and any Exhibits or Attachments, Part II shall control, except in
the event of a conflict between Part II and Exhibit "D", in which case Exhibit "D" shall control.
In the event of conflict between Exhibit "A", which is inclusive of each individual Specific License
Exhibit, and Exhibit "E", Exhibit "A" shall control.
1. Parties
SBCTA's Address:
1170 West 3rd Street, 2nd Floor
San Bernardino, CA 92410-1715
Attn: Transit and Rail Programs
909-884-8276
Licensee's Address:
CITY OF REDLANDS
Municipal Utilities and Engineering Department
35 Cajon Street, Suite 15A
Redlands, CA 92373
Point of Contact: Gerardo Nepomuceno
Telephone: 909-798-7584 extension 4
Email: gnepomuceno(c-bsityofredlands.o g
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands
2. Recitals
2.1 SBCTA. SBCTA is the owner in fee of certain properties located throughout San
Bernardino County.
2.2 Licensee. LICENSEE wishes to enter certain of the properties owned by SBCTA in order
to do the following: (1) maintain existing utilities and appurtenant facilities in, on, over, under
or across such properties; and/or (2) install and maintain new utilities and appurtenant facilities
in, on, over, under or across such properties.
2.3 Scope of License. The MLA will serve as an agreement permitting the LICENSEE to
maintain existing utilities and appurtenant facilities and to install and maintain new utilities
and appurtenant facilities and are preliminarily approved by SBCTA. A Specific License
Exhibit ("SLE") has been developed and attached to this Master License Agreement,
substantially in the form of Exhibit "A" attached hereto. Each SLE shall be subject to the
terms of this Master License Agreement and shall become a part hereof. Each SLE shall be
executed by the Licensee. No SLE provision shall be revised without the SBCTA's written
permission, which shall be granted at the SBCTA's sole discretion. Each SLE shall be
accompanied by the following attachments: Attachment No. 1 — Map, or Depiction of the
Premises and Improvements, and Attachment No. 2 — Varying Insurance Requirements, if
applicable, that may exceed or complement standard insurance provisions. SBCTA reserves
the right to reject any proposed utility and appurtenant facilities in its sole and absolute
discretion, or to request changes thereto prior to acceptance.
2.4 Consideration. This Master License Agreement is made in consideration of the terms,
conditions and mutual covenants herein, the sufficiency of which are hereby acknowledged.
IN WITNESS WHEREOF, this License was duly executed by the LICENSEE and SBCTA on
the dates below, and is effective as the date executed by SBCTA.
LICENSEE: SBCTA
CITY OF REDLANDS
By:
Name:
Title
Date:
Eddie Teleda
Mayor
11-21-2023
ATTESTIt
nne Donaldson, City Clerk
By: /dam
Name:
Title: President, Board of Directors
Dawn M. Rowe
Date: /9, Z6- • 2,e72 3
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands ii
PART II — STANDARD MASTER LICENSE PROVISIONS
TABLE OF CONTENTS
Section Page
1. GRANT AND SCOPE OF LICENSE 1
2. TERM, TERMINATION AND SURRENDER 2
3. PAYMENTS 4
4. TAXES 5
5. LIENS 5
6. ASSUMPTION OF RISK AND WAIVER 6
7. DEFAULT, BREACH AND REMEDIES 7
8. INDEMNIFICATION 8
9. INSURANCE 9
10. MAINTENANCE AND REPAIR 10
11. ALTERATIONS AND CONSTRUCTION 10
12. CONTRACTORS; APPROVAL AND INSURANCE 11
13. REIMBURSEMENT 11
14. LANDSCAPING 11
15. MARKERS 11
16. COMPLIANCE WITH LAWS 12
17. SBCTA'S RIGHT OF ACCESS 12
18. ENVIRONMENTAL ASSESSMENT 13
19. HAZARDOUS/TOXIC MATERIAL USE AND INDEMNITY 13
20. UNDERGROUND STORAGE TANKS 14
21. CONDEMNATION 14
22. BROKER'S FEES 14
23. SUBORDINATE RIGHTS 14
24. ABANDONMENT 15
25. GENERAL PROVISIONS 15
Exhibits:
Exhibit "A" Specific License Exhibit — "SLE"
Attachment No. 1 — SLE: Map/Depiction of Premises
Attachment No. 2 — SLE: Varying Insurance Requirements
Exhibit "B" Insurance Requirements
Exhibit "C" Permitted Hazardous Material
Exhibit "D" Additional Requirements
Exhibit "E" Control Master Ledger
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands iii
PART II - STANDARD MASTER 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 described in the Specific License Exhibit ("SLE"). The locations described in
each SLE, the ("Premises"), are permitted for construction, installation, operation,
alteration, maintenance, reconstruction and/or removal of the Improvements described
in SLE, and any usual and necessary related appurtenances thereto (the
"Improvements"), for the purposes described in the SLE, 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."
Notwithstanding the foregoing grant of license, a Right of Entry Permit is required in
each instance where an activity requires Railroad Protective Liability in SBCTA's sole
discretion.
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 the SLE 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.
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
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 1
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 MLA shall commence on the "Commencement
Date" specified in the SLE. This MLA shall continue in full force and effect on a
month -to -month basis until the termination of all SLEs associated with this MLA,
unless otherwise terminated earlier as provided herein. The term of this MLA as
provided above is referred to as the "Term."
2.2. Termination.
2.2.1. Convenience. This MLA and each SLE 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. The "Termination Date" shall be 30 days from the
provisions of written notice of termination as set forth below, unless a specific
termination date is provided in the notice. SBCTA may terminate this MLA,
or any SLE subject to this MLA, on thirty (30) days' prior written notice, but
SBCTA shall also return to LICENSEE, within thirty (30) days after
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 MLA, or any SLE subject to this MLA, for
cause in accordance with the provisions hereof, including, without limitation,
Sections 24 (Abandonment), 7 (Default, Breach and Remedies) and 25.11
(Assignment). In addition, SBCTA shall have the right, at LICENSEE's
expense, to terminate this License in accordance with the provisions of Section
7.2.1 upon discovery of any default set forth in Section 8.1(d).
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 MLA and each SLE is a temporary, interim use as to which
LICENSEE has no right to nor expectation of use for any 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 MLA, 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;
Master License Agreement SBCTA Contract No. 23-1002930
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(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,
proposed or implemented on or adjacent to the Premises;
(c) 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. 0601 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.
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 Termination Date, then,
in addition to any and all other remedies available to SBCTA under the terms
of this MLA or at law or equity, LICENSEE shall pay a Penalty equal to twice
the Annual 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.
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
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 3
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 each SLE, adjusted as set forth
in Section 3.2.
3.1.1. Administration Fee. The Administration Fee set forth in each SLE shall be due
and payable annually in advance prior to each anniversary of the
Commencement Date of this MLA.
3.1.2. Annual Use Fee. The first Annual Use Fee noted each SLE shall be due and
payable upon LICENSEE's execution of said SLE. 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 of the MLA for the convenience
of both Parties, without affecting the Term of this License as specified in
Section 2.1 of the Basic Master License Provisions.
3.1.3. Application Fee. LICENSEE agrees to pay a processing/application fee, per
SBCTA's current policy, when applying for the installation of a new facility.
The Application fee shall be submitted concurrently with the Application Form
for the new SLE.
3.1.4. Additional Use Fee. If additional use fees are indicated on an SLE, the fee
noted therein shall be due and payable upon execution of said SLE by
LICENSEE.
3.2. Use Fee Adjustment.
3.2.1. Annual CPI Adjustment. The Annual 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 (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 Annual Use Fee as of each Adjustment Date shall be
the greater of the Annual Use Fee on the day preceding that Adjustment Date
or that amount multiplied by a fraction, the numerator of which is the latest CPI
figure as of 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 latest
CPI figure as of 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, Riverside - San Bernardino -
Ontario, all items, not seasonally adjusted (DECEMBER 2017 = 100),
published by the U.S. Department of Labor, Bureau of Labor Statistics (Bureau)
under the Series Id: CWURS49CSAO, or if such index is no longer published,
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 4
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 DECEMBER 2017 = 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. At intervals of not less than three (3) years, the
Annual 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.
3.3. 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
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. TAXES
LICENSEE shall be liable for and agrees to pay promptly and prior to delinquency, any applicable
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.
5. 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
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 5
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 MLA 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
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 lien 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 MLA.
6. 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, and 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 and anyone directly or
indirectly employed by LICENSEE 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.
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7. DEFAULT; BREACH AND REMEDIES
7.1. Licensee Default. LICENSEE shall be deemed to have breached and be in default
under this License when any of the following occurs:
(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 thirty (30) 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
applicable 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.
7.2. SBCTA's Remedies.
7.2.1. Termination. Upon the occurrence of LICENSEE's default and breach,
SBCTA shall have the right, upon reasonable 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.
7.2.2. 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.
7.2.3. 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 in 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,
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City of Redlands 7
and/or otherwise restoring the Premises to a safe and suitable 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.
7.2.4. 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.
7.3. 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.
8. INDEMNIFICATION
8.1. 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 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 6, 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.
8.2. 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
or willful misconduct of Indemnitees, and is in addition to any other rights or remedies
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 8
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.
8.3. 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.
8.4. The indemnification and defense obligations of LICENSEE set forth in this section
shall survive the termination of this License.
9. INSURANCE
9.1. 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.
9.1.1. 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 any 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 and/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.
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 9
9.2 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.
10. 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 valid operating authority over SBCTA's lines
and compliance with all applicable standards, specifications and safety requirements in each
instance.
11. 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.
LICENSEE shall submit written notice and work plans to SBCTA for review and approval at least
thirty (30) days prior to commencement of any work on the Premises. Any such work must be
carried out pursuant to the work plans approved in writing by SBCTA and in compliance with any
and all SBCTA rules, regulations and other requirements. 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.
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 10
12. 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.
13. 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 13 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,
14. 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 11 above (Alterations and Construction).
15. 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.
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 11
16. 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.
17. SBCTA'S RIGHT OF ACCESS
17.1. 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 tosubmit to or cooperate with any inspection may
result in termination of the License.
17.2. 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.
17.3. 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.
17.4. 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.
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 12
18. 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 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.
19. HAZARDOUS/TOXIC MATERIAL USE AND INDEMNITY
19.1. LICENSEE shall operate and maintain the Premises in compliance with all
Environmental Laws, 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(s)" 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.
19.2. LICENSEE shall indemnify, defend (by counsel acceptable to SBCTA) and hold
harmless the Indemnitees (as defined in Section 8, 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 which: (i) occurs due to the use and occupancy
of the Improvements or the Premises by LICENSEE or LICENSEE's Parties, or (ii) is
made worse due to the act or failure to act of LICENSEE or LICENSEE's Parties.
19.3. 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 Indemnitees;
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 13
shall survive expiration or termination of this License; and is in addition to any other
rights or remedies which Indemnitees may have under the law or under this License.
19.4. 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.
20. UNDERGROUND STORAGE TANKS
20.1. 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.
20.2. 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 thereover, and deliver to SBCTA a copy
of a certificate of closure issued for such tanks by the appropriate governmental
authority.
21. CONDEMNATION
In the event all or any portion of the Premises shall be taken or condemned for public use by
another 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.
22. BROKER'S FEES
LICENSEE represents and warrants that it has dealt with no broker, agent or other third party in
connection with this transaction and LICENSEE agrees to indemnify and hold SBCTA harmless
from and against any claims by any broker, agent or other party claiming a commission or other
form of compensation by virtue of having dealt with LICENSEE with regard to obtaining this
License.
23. 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,
and their respective indentures, issued by SBCTA in any of its capacities and/or by any of its
affiliated entities now in place or hereafter issued. Accordingly, there is reserved and retained
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 14
unto SBCTA, its successors, assigns and permittees, the right to construct, reconstruct, operate,
maintain, use and/or relocate 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.
24. 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.
25. GENERAL PROVISIONS
25.1. 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 Master 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.
25.2. Governing Law. This License shall be governed by the laws of the State of California.
25.3. 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.
25.4. 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.
25.5. 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
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 15
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.
25.6. Interest on Past -due Obligations. Except as expressly herein provided, any amount due
to SBCTA that is not paid when due shall bear interest, beginning on the 61 st day from
the date of receipt of invoice therefor, 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.
25.7. 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.
25.8. 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.
25.9. 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 preceding breach at the time of acceptance of such payment.
25.10. 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.
25.11. 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
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.
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 16
25.12. 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.
25.13. 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.
25.14. 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.
25.15. 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.
25.16. Time of Essence. Time is of the essence for this License._
25.17. 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
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.
25.18. 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.
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 17
25.19. 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.
25.20. 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.
25.21. 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.
25.22. Additional Provisions. Those additional provisions set forth in Exhibit "D", if any, are
hereby incorporated by this reference as if fully set forth herein.
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands 18
Exhibit "A"
SPECFIC LICENSE EXHIBIT (SLE) to
MASTER LICENSE AGREEMENT
[To Be Inserted]
Specific License Exhibit SBCTA Contract No. 23-1002930
City of Redlands
Exhibit "A"
SBCTA Contract No. 23-1002930
SPECIFIC LICENSE EXHIBIT TO MASTER LICENSE AGREEMENT
This Specific License Exhibit ("SLE") to Master License Agreement is entered into this
day of , 2023, by and between the San Bernardino County Transportation
Authority ("SBCTA" or "Licensor") and CITY OF REDLANDS ("Licensee"), pursuant to the
provisions of the Master License Agreement dated , 2023, which is
incorporated herein by reference, and all terms and definitions contained in the Master Agreement
shall apply to this SLE.
1. DESCRIPTION OF UTILITY PROJECT AND USE.
Description of Improvements, Utility and/or Appurtenances:
One (1) 8-inch, 10 gauge ductile iron pipe potable waterline with warning tape.
Use of Premises:
Operation, maintenance and repair of Improvements.
The facility described in this SLE shall be referred to as the "Utility Project." To the extent
that plans, or permits are prepared or required for the Utility Project, Licensee shall submit
such plans or permits to SBCTA prior to Licensee's commencement of the Utility Project.
Exhibit "E": SLE Control Master Ledger summarizes features of each Utility Project and tracks
associated payments with each facility.
2. DESCRIPTION OF THE PREMISES.
City: Redlands Subdivision: Redlands
Address and/or Milepost Location:
Transverse crossing at University Street then continuing along the north side of University
Station and further east within Orange Blossom Trail to Judson Street.
Mile Post 9.76 to Mile Post 10.40
Approximate Area: 32,400 square feet; 0.744 acres
[See Attachment No. 1 — SLE: Map/Depiction of Premises]
Description and Dimensions of the Premises Area: An underground potable waterline
transverse crossing along the east side of University Street then continuing easterly
longitudinally for 3,160 linear feet, more or less, 10 feet in width along the north side of
SBCTA's Redlands Subdivision.
Specific License Exhibit
City of Redlands
SBCTA Contract No. 23-1002930
Location No. 1
Page 1 of 3
Exhibit "A"
3. TERM.
The term of this License shall commence on the "Commencement Date".
Term (check one):
( X ) A. Month -to -Month
() B. Until End Date: (subject to termination pursuant to the terms of the
SLE — see especially Standard Master License Agreement Provisions).
4. PARTIES.
The Utility Project will be performed or constructed by the Licensee. The Licensee
representative or other person responsible for the Utility Project can be contacted at:
Name: Gerard Nepomuceno
Address: 35 Cajon Street, Suite 15A, Redlands, CA 92373
Phone Number: (909)
Email Address: gpepomuceno cr cityofredlands.org
5. ADMINISTRATION FEE.
Licensee shall pay Licensor an Administration Fee of ONE THOUSAND TWO HUNDRED
DOLLARS ($1,200.00) for Licensor's costs for processing this SLE as set forth in Section
3.1.1 of the MLA. This payment shall be made within five (5) days of execution of this SLE,
and then annually in advance prior to each anniversary of the execution of the SLE for as long
as this SLE is in effect. The Administration Fee, at the sole discretion of the Licensor, may be
revised to reflect the Licensor's annual costs of administering this SLE as those costs may
change over time as set forth in Section 3 of the MLA. The annual Administration Fee
identified herein may be further subject to a discounted rate based on number of Utility Projects
under the MLA as further described in Exhibit "E": SLE Control Master Ledger enumerating
all Utility Projects under the MLA.
6. ANNUAL USE FEE.
Licensee shall pay Licensor an Annual Base Use Fee of ZERO DOLLARS ($0.00) as set forth
herein and subsequently adjusted pursuant to Section 3.2 of the MLA. Such Annual License
Fee shall be due and payable on upon Licensee's execute of the SLE; and the Annual License
Fee Payment Date as set forth in Section 3 of the MLA during each succeeding year for as long
as this SLE is in effect. The Annual License Fee, at the sole discretion of the Licensor, may be
revised as set forth in Section 3 of the MLA.
7. ADDITIONAL USE FEE.
Pursuant to Section 3.1.4 of the Standard Master License Provisions, an Additional Use Fee
for the Utility Project in the amount of ZERO DOLLARS ($0.00) shall be due and payable
upon execution of the SLE by Licensee.
Specific License Exhibit
City of Redlands
SBCTA Contract No. 23-1002930
Location No. 1
Page 2 of 3
Exhibit "A"
Name:
Title:
Date:
Specific License Exhibit
City of Redlands
8. INDEMNITY AND INSURANCE REQUIREMENTS.
Licensee shall fully comply with all terms and obligations contained within the MLA, which
are incorporated herein by this reference, including payment of prevailing wages if applicable,
as well as all insurance and indemnity requirements. However, if SBCTA allows, in its sole
discretion, Licensee to obtain insurance varying from the requirements set forth in the MLA,
which requirements shall be attached hereto in Attachment No. 2 — SLE: Varying Insurance
Requirements and incorporated herein by reference. Such varying insurance shall be subject
to the requirements set forth in Section 9 of the MLA.
IN WITNESS WHEREOF, the Licensee acknowledges that it understands and agrees to
all of the above terms in this Specific License Exhibit on the day and year first above written.
CITY OF REDLAND
By:
/6(c/
�ij Gt
Name: Eddie Tejeda
Title:
ATTEST:
Mayor
nne Donaldson, City Clerk
SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY
By: 1661/_
14-1/tAY‘ v 1. RI, w
�/i�S/GtG 66trd
✓✓✓ /19- Z5 - 7_d Z_3
SBCTA Contract No. 23-1002930
Location No. 1
Page 3of3
Exhibit "A"
Attachment No. 1
To
Specific License Exhibit
Contract No. 23-1002930
Map/Depiction of Premises
[See attached behind this page]
Specific License Exhibit SBCTA Contract No. 23-1002930
City of Redlands
Master License Agreement -
Exhibit "A" - Attachment
APN
See Map
Nearest Cross Street
Park Avenue
City of Redlands
1 - Location 1
City/Community
Redlands
Original Mile Post
9.76 to 10.40
Branch/Line
Redlands
Agreement Type
License
Grade Type
Underground
Orientation
Longitudinal
Contract Number
23-1002930
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
1170 W. 3rd Street, 2nd Floor
San Bernardino, Ca 92410-1715
N
MAP LEGEND
■ ■ . SBCTA Right of Way
® 8" DIP Potable Waterline
University Station
0 105 210 . 420 Feet
1 1 1 1 1 1 1 1 1
CONSTRUCTION PLANS FOR THE CITY OF REDLANDS
2022 CIP WATER PIPELI E REPLACEMENT P E T
PROJECT No. 501039
CITY COUNCIL:
PAUL BARICH, MAYOR
EDDIE TF_JEDA, MAYOR PRO TEM
DENISE DAY/S, COUNCIL MEMBER
JENNA G UZMAN-LOWBRY. COUNCIL MEMBER
MICK GALLAGHER. COUNCIL MEMBER
CITY CLERK:
JEANNE DONALDSON, CITY CLERK
CITY STAFF:
CHARLES M. DUGGAN JR., CITY MANAGER
1
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NOVEMBER 2022
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Exhibit "A"
Attachment No. 2
To
Specific License Exhibit
Contract No. 23-1002930
Varying Insurance Requirements
No varying insurance requirements under this SLE
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands
Exhibit "B"
INSURANCE REQUIREMENTS
[To Be Inserted]
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands
Exhibit "B"
INSURANCE REQUIREMENTS
1. AGREEMENT shall mean the license 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).
• Coverage is to be on an "occurrence" form. "Claims made" and "modified occurrence" forms
are not acceptable.
• A copy of the declaration page or endorsement page listing all policy endorsements for the CGL
policy must be included.
Exhibit B - Insurance Requirements SBCTA Contract No. 23-1002930
City of Redlands 1 File No.
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.
1.2.1.❑ Contractual Liability — Railroads. The CGL policy shall not exclude coverage of
contractual lability relating to railroads or shall be endorsed by ISO Form CG 24 17, or
equivalent acceptable to SBCTA, to remove such exclusions to coverage.
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
not contain lead -based paint or asbestos exclusions.
Exhibit B - Insurance Requirements SBCTA Contract No. 23-1002930
City of Redlands 2 File No.
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. If policies are written by insurer carriers authorized and
admitted to do business in the state of California, then the insurer carriers must have a current A.M.
Best rating of A-VIII or better. If policies are written by insurance carriers that are non -admitted
but authorized to conduct business in the state of California, then they must meet the current A.M.
Best rating of A-:X or better, unless otherwise approved in writing by SBCTA's Risk Manager.
2,2. Additional Insurance Coverage. All policies, except those for Workers' Compensation insurance,
shall be endorsed by ISO Form CG 20 36, or if not available, then ISO Form CG 20 35, 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,
PERMITTEE shall submit complete copies of all required insurance policies within ten (10)
business days of a written request by SBCTA.
Exhibit B - Insurance Requirements SBCTA Contract No. 23-1002930
City of Redlands 3 File No.
2.4. Deductibles. Regardless of the allowance of exclusions or deductibles by SBCTA,
CONTRACTOR shall be responsible for any deductible or self -insured retention (SIR)
amount and shall warrant that the coverage provided to SBCTA is consistent with the
requirements of this Article. CONTRACTOR will pay, and shall require its sub -
CONTRACTORS to pay, all deductibles, co -pay obligations, premiums and any other
sums due under the insurance required in this Article. Any deductibles or self -
insured retentions must be declared to and approved in writing by SBCTA's Risk
Manager. At the option of SBCTA, if the deductible or SIR is greater than $50,000 or
five (5) percent of the amount of coverage required under this Contract, whichever is
less, the CONTRACTOR shall guarantee that either: (1) the insurer shall reduce or
eliminate such deductibles or self -insured retentions as respects to SBCTA, its
directors, officials, officers, employees and agents; or, (2) the CONTRACTOR shall
procure a bond guaranteeing the amount of the deductible or self -insured retention.
SBCTA will have the right, but not the obligation, to pay any deductible or SIR 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 to
CONTRACTOR. The Contractor's policies will neither obligate nor prohibit SBCTA
or any other Additional Insured, from paying any portion of any Contractor's
deductible or SIR.
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.cotn 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
Exhibit B - Insurance Requirements SBCTA Contract No. 23-1002930
City of Redlands 4 File No.
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 Indemnitees named below. Insurance coverage in the minimum amounts set forth
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.
Exhibit B - Insurance Requirements SBCTA Contract No. 23-1002930
City of Redlands 5 File No.
Exhibit "C"
PERMITTED HAZARDOUS MATERIAL
No hazardous material is permitted to be used or stored on Premises.
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands
Exhibit "D"
ADDITIONAL REQUIREMENTS
[To Be Inserted]
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands
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 "D" - Additional Requirements SBCTA Contract No. 23-1002930
City of Redlands 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. 23-1002930
City of Redlands 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. 23-1002930
City of Redlands 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 responsibility 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
called the "casing pipe". Said casing pipe shall be installed across the entire width of the
Exhibit "D" - Additional Requirements SBCTA Contract No. 23-1002930
City of Redlands 4 File No.
Exhibit "D"
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. 23-1002930
City of Redlands 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 dewatering 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. 23-1002930
City of Redlands 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. 23-1002930
City of Redlands 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 lines crossing tracks.
48. Joint -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.
Contract
�.l
SBCTA
Initials
Exhibit "D" - Additional Requirements SBCTA Contract No. 23-1002930
City of Redlands 8 File No.
Exhibit "E"
CONTROL MASTER LEDGER
[To Be Inserted]
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands
Exhibit "E"
CITY OF REDLANDS
MLA LICENSE AGREEMENT # 23-1002930
CONTROL MASTER LEDGER
Utility
Project/
Location
No.
SUPERCEDED
CONTRACT
NO.
Description
of Facility
Facility Type
CITY
NEAREST
STREET
SUBDIVISION
Original/SCRRA
MILE POST
DIMENSIONS &
AREA
ANNUAL
ADMIN
FEE**
ANNUAL
USE
FEE*
1
RRND007394
Potable
Waterline
8" 10 Gauge DIP
Redlands
University St to
Judson St
Redlands
9.76 to 10.40
3,240' (L) x 10' (W)
32,400 sq. ft.
$1,200
GRAND TOTAL
$1,200
$0
Notes:
* Annual Use Fees are exempt for this Master License pursuant to Policy 31602 IX.C.8 due to the licensee being an incorporated city within San Bernardino
County.
Administrative Fees by location is for illustrative purposes only and not specific to specific individual locations but rather based upon the total number of
locations. Base Admin Fee is established by SBCTA Resolution 14-027 at $1,200 per location and a discount is provided for Master License Agreement
Administrative Fees based upon the total number of locations per SBCTA Resolution 20-051.
**
Master License Agreement
City of Redlands
SBCTA Contract No. 23-1002930