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HomeMy WebLinkAboutContracts & Agreements_05-2025SCAQMD. CONTRACT NO. C26126 LEASE AGREEMENT This Lease Agreement (this "Lease") is made and entered into this 21" day of January, 2025, (the "Effective Date") by and between the City of Redlands, a municipal corporation ("City"), and the South Coast Air Quality Management District ("Lessee"). City and Lessee are sometimes individually referred to herein as a "Party" and, together, as the "Parties." PREAMBLE A. City, for and in consideration of the rent to be paid by Lessee and for the covenants and provisions to be kept and performed by Lessee under this Lease, hereby leases to Lessee for Lessee's sole use, and Lessee agrees to lease from City an approximately 1,500 square foot portion (the "Site") of City's real property (the "Property") designated as Assessor's Parcel Nos. 0170- 302-06-0000 and 0170-302-18-0000 and located in the City of Redlands. The Site and Property are more particularly described and depicted in Exhibit "A" attached hereto. B. The Site is to be used by Lessee for the location of a portable air monitoring trailer and associated equipment, which will be used as an air monitoring station. AGREEMENT Section 1. Rent and Term. Lessee hereby agrees to lease the Site from City for the rent of Six Hundred Fifty Dollars ($650.00) per year, with the first rent payment payable within twenty (20) days of the Effective Date of this Lease. Rent shall be increased by three percent (3%) compounded, each year during the term of this Agreement. Thereafter, Lessee shall pay rent on or before the anniversary date of the Effective Date of this Agreement each year until the expiration or earlier termination of this Lease. The "Term" of this Lease shall be for ten (10) years beginning on the Effective Date of this Agreement with the option to extend the Initial term of this agreement for an additional ten (10) year term (the "Extended Term"), on the same terms and conditions by providing written notice to Lessee at least thirty (30) days prior to the expiration of the Initial Term. The Initial Term and the Extended Term are hereby collectively, referred to herein as the "Term" of this Agreement. Section 2. Use of Site. Subject to the conditions set forth in the Conditional Use Permit attached hereto and incorporated herein by reference as Exhibit "B," during the Term of this Lease, the Site shall be used by Lessee for the purpose of placing a portable air monitoring trailer and air monitoring equipment on the Site, which shall be used as an air monitoring station. City hereby grants Lessee a license for ingress and egress to and from the Property and access to the Site, during normal business hours 7:00 am — 5:30 pm, on foot or by motor vehicle, including trucks, over or along a fifty -foot wide right of way extending from the nearest public right-of-way to the Site. In the event any public utility is unable to use the rights of way, City hereby agrees to grant an additional right of way either to Lessee or to the public utility at no cost to Lessee. Section 3. "As Is" Condition. Lessee is leasing the Site in "AS IS" condition and City does not represent that the Site is suitable for Lessee's intended use. Lessee is responsible to undertake such due diligence as it deems necessary to determine the condition and suitability of the Site. 1 I:\cmo\Agreements\SCAQMD Lease Agreement FY24-00660.doex-msv.3 SCAQMD. CONTRACT NO, C25126 Section 4. Title and Quiet Possession. City represents and agrees that: (a) it is the owner of the Property; (b) it has the right to enter into this Lease; (c) the person signing this Lease has the authority to sign on behalf of City; and (d) Lessee is entitled to access to and use of the Site as provided herein throughout the Term of this Lease. Notwithstanding the foregoing, City may enter the Site and take such actions as are required to protect individuals or personal property from such substantial harm or damage, or to otherwise effectively carry out City's business. In connection with the City's entry, City will use reasonable efforts to minimize any disruption to Lessee's operations at the Property or use of the Site. Section 5. Assignment. Lessee may not sublet all or any portion of the Site to any other party without the prior written consent of City. Section 6. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): Lessee: Air Quality Management District Atmospheric Measurements Manager 21865 Copley Drive Diamond Bar, CA 91765-4178 City: City of Redlands Municipal Utilities & Engineering Department P.O. Box 3005 Redlands, CA 92373 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. Section 7. Improvements. Lessee may, at its sole expense, make any improvements on the Site as permitted by the CUP, as the CUP may be amended or renewed. Lessee may make substitutions, replacements, upgrades and modifications to its portable air monitoring trailer and equipment; provided, however, that such improvements remain within the physical parameters of the Site and do not violate the provisions of the CUP. Section 8. Compliance with Laws. Lessee shall comply with all applicable Laws (as defined below) relating to Lessee's specific use of the Site and to Lessee's construction of improvements on the Site pursuant to the CUP. In addition, during the Term, City shall maintain the Property in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, now in effect or which may hereafter come into effect (collectively, "Laws"). Section 9. Interference. Lessee agrees to install air monitoring equipment of the type which will not interfere with any operations or equipment of City. In the event any after -installed Lessee's equipment causes such interference, and after City has notified Lessee in writing of such 1:\cmoWgreements\SCAQMD Lease Agreement FY24-00660.doex-raw.3 SCAOMD. CONTRACT NO. C25126 interference, Lessee shall correct and eliminate the interference, including but not limited to, causing the removal of such equipment. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Section and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. City shall have the right to allow other third party providers to install equipment on the Property (other than at the Site), provided that such new provider's use may not interfere with Lessee's operations at the Site. Section 10. Utilities. City grants Lessee the right to obtain electrical and telephone service for the operation of Lessee's portable air monitoring trailer, and Lessee shall have the right to install, operate and maintain such utilities in the location designated in Exhibit "A" and pursuant to the CUP attached as Exhibit `B." Lessee shall pay for all utilities it uses at the Site. City will cooperate, to the extent allowed by law, with Lessee's efforts to obtain utilities from any location provided by City or the serving utility, provided, however, that City shall not incur any cost or expense therefore unless such costs are reimbursed therefore by Lessee. Section 11. Termination. A. Without limiting any of Lessee's termination rights granted elsewhere in this Lease, Lessee may terminate this Lease at any time upon thirty (30) days prior notice to City without further liability if. (i) Lessee does not obtain all permits, consents, licenses, non - disturbance agreements or other approvals (collectively, "Approvals") reasonably desired by Lessee or required from any governmental authority or any third party and related to or reasonably necessary to operate the air monitoring trailer and monitoring equipment, or any such Approvals are canceled, expire or are withdrawn or terminated; (ii) City violates or defaults on any of its obligations under this Lease or breaches any of its representations, warranties or covenants in this Lease; or (iii) Lessee, for any reason, in its sole discretion, determines that it will be unable to use the Site. Upon termination, all prepaid rent shall be retained by City. B. If City, in its reasonable and sole discretion, determines that the use of the Site by Lessee is impairing or hindering City in its use of the Property so that continued use by Lessee is determined not to be in City's best interest, and City delivers to Lessee written notice of the impairment and provides Lessee a reasonable period, not to exceed forty-five (45) days from the date such notice is delivered, within which to cure said impairment, and such impairment or hindrance is not timely cured or Lessee informs City that it is unable to cure said impairment within such 45-day period, City may, without further liability, immediately terminate this Lease upon ten (10) days prior written notice to Lessee. Lessee shall be allowed to remove all of its personal property and return the Site to its pre -Lease condition. C. Removal/Restoration. The portable air monitoring trailer and equipment installed on the Property by Lessee will be and remain Lessee's personal property and, at Lessee's option, may be removed by Lessee at any time during the Term. City agrees that no part of the portable air trailer or air monitoring equipment constructed, erected or placed on the Property by Lessee will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of City that all improvements of every kind and nature constructed, erected or placed by Lessee on the Property will be and remain the property of Lessee and may be removed by Lessee at any time during the Term. Lessee shall restore the Property to its condition on the I:1cmo\AgreemeraMCAQMD Lease Agreement PY24-0066v3,docx-msv,3 SCAQMD. CONTRACT NO. C25126 Effective Date of this Lease, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. At the City's discretion, Lessee may be responsible for the replacement of any trees, shrubs, or other vegetation removed for the placement of the portable air monitoring trailer and equipment installed on the Property by Lessee. Additionally at the City's discretion, Lessee shall remove from the Property any underground utilities installed as part of the portable air monitoring trailer and equipment installed. Section 12. Default. A. If either Party is in default under this Lease for a period of. (a) fifteen (15) days following receipt of notice of default from the non -defaulting Party with respect to a default which may be cured solely by the payment of money; or (b) thirty (30) days following receipt of notice of default from the non -defaulting Party with respect to a default which may not be cured solely by the payment of money, then, in either event, the non -defaulting Party may pursue any remedies available to it against the defaulting Party under applicable law, including, but not limited to, the right to terminate this Lease. If the non -monetary default may not reasonably be cured within a thirty (30) day period, this Lease may not be terminated if the defaulting Party commences action to cure the default within such thirty -day period and proceeds with due diligence to fully cure the default, and cures no later than ninety (90) days from the notice of default. B. Upon a default, the non -defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non -defaulting Party shall be due and payable by the defaulting Party upon invoice therefore. In the event of a default by either Party with respect to a material provision of this Lease, without limiting the non -defaulting Party in the exercise of any right or remedy which the non -defaulting Party may have by reason of such default, the non - defaulting Party may terminate this Lease and/or pursue any remedy now or hereafter available to the non -defaulting Party under the Laws or judicial decisions of the state in which the Site is located; provided, however, City shall use reasonable efforts to mitigate its damages in connection with a default by Lessee. If Lessee so performs any of City's obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by Lessee shall immediately be owed by City to Lessee, and City shall pay to Lessee upon demand the full undisputed amount thereof without interest. Notwithstanding the foregoing, if City does not pay Lessee the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due from City, Lessee may offset the full undisputed amount. Section 13. Indemnity. Each Party shall defend, indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. Further, Lessee shall defend, and indemnify City against, all claims arising out of the installation, operation, use, maintenance, repair, removal or presence of Lessee's portable air monitoring trailer and air monitoring equipment. The obligations under this section shall survive the expiration or termination of this Lease. 4 I:\emo\Agreements\SCAQMD Lease Agreement FY24-0066v3.docx-msv.3 SCAQMD. CONTRACT NO. C25126 Section 14. Hazardous Substances. Lessee shall not introduce or use any Hazardous Substance on the Site in violation of any applicable Law. City and Lessee shall each hold the other harmless and indemnify the other from, and assume all duties, responsibility and liability at its sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to the indemnifying Party's failure to comply with any environmental or industrial hygiene Law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, except to the extent such noncompliance is caused by the other Party. City shall hold harmless, indemnify and defend Lessee for all claims or losses, including all costs and expenses, relating to any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused solely by Lessee, in which event Lessee shall hold harmless, indemnify and defend City for all costs and expenses, including reasonable attorneys' fees for said sole negligence of Lessee. The obligations under this section shall survive the expiration of termination of the Lease. Section 15. Taxes. Lessee shall be responsible for any real and personal property taxes assessed directly upon the Site arising from its use of the portable air monitoring trailer on the Site. Lessee shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which Lessee is wholly or partly responsible for payment. In the event that as a result of any appeal or challenge by Lessee, there is a reduction, credit or repayment received by City for any taxes previously paid by Lessee, City agrees to promptly reimburse to Lessee the amount of said reduction, credit or repayment. Section 16. Insurance. A. Lessee shall procure and maintain commercial general liability insurance, with limits of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury and property damage liability, with a certificate of insurance to be furnished to City prior to Lessee's occupancy of the Site. Lessee shall also procure and maintain owned, non - owned and hired vehicles with limits of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury liability and property damage liability, with a certificate of insurance and endorsement to be furnished prior to Lessee's occupancy of the Site. City shall be named as an additional insured under the insurance policies required of Lessee, and such insurance shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City as with respect to any liability from Lessee's negligence or intentional misconduct. Such policy shall provide that cancellation will not occur without at least thirty (30) days prior written notice to City. Lessee shall provide any new certificates of insurance with new limits of liability coverage within thirty (30) days of notice by City to Lessee. Notwithstanding anything to contrary, such limits maybe satisfied by a combination of primary and umbrella policies. Lessee may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance Lessee may maintain, or through its self insurance. 1:\coo\Agreements\SCAQMD Lease Agreement FY24-00660.docx-msv.3 SCAQMD. CONTRACT NO. C25126 B. Workers' Compensation and Employer's Liability. Lessee shall procure and maintain Workers' Compensation and Employer's Liability insurance in accordance with statutory coverage limits throughout the Term of this Lease in accordance with the laws of the State of California, with an insurance carrier acceptable to City. Section 17. Maintenance. Lessee shall be responsible for repairing and maintaining the portable air monitoring trailer and air monitoring equipment and any other improvements installed by Lessee at the Site in a proper operating and safe condition; provided, however, if any such repair or maintenance is required due to acts of City, its agents or employees, City shall reimburse Lessee for the reasonable costs incurred by Lessee to restore the damaged areas to the condition which existed immediately prior thereto. City will maintain and repair all other portions of the Property of which the Site is a part in a proper operating and reasonably safe condition and otherwise in compliance with applicable Law. Section 18. Possessory Interest. In accordance with California Revenue and Tax Code Section 107.6, City hereby notifies Lessee that the interest created by this Lease may be subject to property taxation and Lessee may be subject to the payment of a property/possessory interest tax levied on such interest. Lessee shall be solely responsible for the payment of such taxes and shall defend, indemnify and hold City harmless from and against any and all claims or actions for payment (or nonpayment) of such taxes. Section 19. Limitation of Liability. Except for indemnification pursuant to Section 13, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. Section 20. Miscellaneous. A. This Lease applies to and binds the successors and assigns of the Parties to this Lease; B. This Lease shall be governed by and construed in accordance with the laws of the State of California; C. This Lease (including the Exhibits) constitutes the entire agreement of the Parties as to the subject matter hereof, and supersedes all prior written and verbal agreements, representations, promises and understandings between the Parties. Any amendments to this Lease shall be in writing and executed by the Parties; D. If any provision of this Lease is determined by a court of competent jurisdiction invalid or unenforceable, to the remainder of this Lease or the application of such provision to persons other than those as to whom it is held invalid or unenforceable will not be affected and each provision of this Lease will be valid and enforceable to the fullest extent 6 1:\emo\Agreements\SCAQMD Lease Agreement 17Y24-0066v3,docx-msv.3 SCAQMD. CONTRACT NO. C25126 permitted by law unless such invalidity or unenforceability materially affects the purpose and reasons of the Parties for entering into this Lease; and E. In the event any action is commenced to enforce or interpret any of the terms or conditions of this Lease the prevailing Party shall, in addition to costs and any other relief, be entitled to recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party. Section 21. Annual Termination. Notwithstanding anything to the contrary contained herein, provided Lessee is not in default hereunder beyond applicable notice and cure periods, Lessee shall have the right to terminate this Lease upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to City. Section 22. Destruction of Site. If the Site or Property is destroyed, or damaged so as to hinder Lessee's effective use of the Site, Lessee shall have the option to attempt to correct the damage, in which event City shall make available to Lessee within five (5) days a temporary site on the Property (or on other property owned or controlled by City) that is mutually agreeable to both City and Lessee and suitable for Lessee's use. Lessee may construct, operate, and maintain substitute air monitoring facilities thereon until the original portable air monitoring trailer is fully restored and operational on the Site. Rent shall abate in full during any time that Lessee is unable to operate the air monitoring equipment on the Property. Alternatively, Lessee may elect to terminate this Lease as of the date of the damage or destruction by so notifying City no more than thirty (30) days following the date of damage or destruction. Section 23, Condemnation. If a condemning authority takes all or a portion of the Property, which taking renders the Site unsuitable for Lessee's use, then Lessee may terminate this Lease as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each Party shall be entitled to make a claim against the condemning authority for just compensation. Sale of all or part of the Site to a purchaser with the power of eminent domain in the face of exercise of such power shall be treated as a taking by the condemning authority. In the event of such taking, City shall promptly reimburse Lessee any Rent prepaid by Lessee. Furthermore, City and Lessee shall each be entitled to pursue their own separate awards with respect to such taking, provided that no such award to Lessee shall reduce any award to City. Section 24. Pre -Construction Testing. Lessee shall have the right (but not the obligation) at any time following the full execution of this Lease, to enter the Site for the purposes of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively, "Tests") to determine the suitability of various Site improvements related to operation and maintenance of the portable air monitoring trailer and equipment. During any Tests or pre -construction work, Lessee will have insurance as set forth in this Lease. Lessee will notify City of any proposed Test or pre -construction work and will coordinate the scheduling of the same with City. If Lessee determines that the Site is unsuitable for Lessee's contemplated use, then Lessee will notify City and this Lease will terminate. 7 I:\cmo\Agreements\SCAQMD Lease Agreement FY24-0066v3,doex-msv.3 SCAOMD. CONTRACT NO. C25126 Section 25. Survival. The provision of this Lease relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Lease. Additionally, any provisions of this Lease which require performance subsequent to the termination or expiration of this Lease shall also survive such termination or expiration. Section 26. Captions. The captions contained in this Lease are inserted for convenience only and are not intended to be part of the Lease. They shall not affect or be utilized in the construction or interpretation of this Lease. [SIGNATURE PAGE FOLLOWS] 1:\cmo\Agreements\SCAQMn Lease Agreement FY24-0066v3.docx-msv3 SCAQMD. CONTRACT NO. C25126 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their seals the day and year first above written. CITY OF REDLANDS: By:�-A,-,,' 4 Mario Saucedo, Mayor ATTEST: By: e�Donaldson, City CIerk SOUTH COAST AIR QUALITY MANAG T DISTRICT: By: A OLC-- Jas - C. Low, Deputy Executive Officer, Monitoring and Analysis Division General Comsd — t q 6/2025 9 I: lcmolAgreements\SCAQMD Lease Agreement FY24-0066v3.docx-msv.3 SCAQMD. CONTRACT NO. C25126 EXHIBIT A LAND LEASE AGREEMENT BETWEEN THE CITY OF REDLANDS AND SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT The Real Property situated in the City of Redlands, County of San Bernardino, State of California, as depicted in the attachment: Independence Ave, eet 383 F....__.....__...._.., _.....___.... Property Line Work Area I_.�.._. Reservoir c n, Storage Area �°_r areas Frao h11 ©r p PumO�.�ttr 4' S n p eerndr�y//n0 Or onn/y Herrun9fon F/oatl ro� Or Conlpp/ Qp/ F _��__..._.�..,..........._...._� South Coast Air Quality Management Dist. 0 feet 100 feel E00 feel NO feel 5tdle Soli 1`:100' Id0 PpprarM 8,. p-avn O: rrn0�o3M Uale: 11-i9-30 3 Dearborn AMS Site - CUP A 466 Rev. 1 Site Plan I i / 2 SCAQMD. CONTRACT NO. C25126 '777 /// OvoeMatl Poxan lines cp Access RID Lamr,do Pad at "'-cCeS H .45 veef < 1 $"P�f 40.... MCT To���` ` 10 Famf N Fe¢1 � 15 �0_Q{Ia.Q.tl �.i�) Fena ma Mmee / 'Fd Gate Pre art Lee 60 feYf P x r Pro ...._...._. _._...._._ Feel,,._ .............._............_ _ _tt5 Feet Palm nee ITVPI 'p / N Q� _rOperly_L na, Kvnl. tt�Yo. nl 41 Dearborn Air Duality Management Dist. South Coast -----{.._.------..—{•---....---'{ xde, rno' nrn nvPrwm er Drava etine. roa 0 Feel YO Feet 40 Feet 60 Far, DaliI O�tA[3 Sale Dearborn AMS Site - CUP H 466 Rev, 1 _ Site Plan Detail 1 2 / 2 SCAQMD. CONTRACT NO. C26126 IW.Ult : 1 LESSEE'S CONDITIONAL USE PERMIT SCAQMD. CONTRACT NO. C25126 City of REDLAND S osCAR°RBI Development Services Director BERT D: D DEVELOPMENT SERVICES tncorporated 1688 RO?LQUEST, Aicp 210 E. Citrus/P.O. Box 3005; Redlands, CA 92373 Assistant Development Services Director DEPARTMENT 9097798-7555 ext. 2 bmatlockWityofredlands,org June 19, 2012. Carl Thompson South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 Re: Conditional Use Permit for 500 North Dearborn Street Dear Mr. Thompson: Your application for Conditional Use Permit No. 446 (Revision No. 1) for the.upgrade of an existing air quality monitoring station operated by the South Coast Air Quality Management District, consisting of the installation of a new 320 square foot prefabricated structure to house monitoring equipment, and the installation of a new thirty-five (35) foot tall meteorological tower within a lease area of 1,500 square feet in the City of Redlands' Dearborn Street :Reservoir located at 500 North Dearborn Street was approved by the Planning Commission on June 12, 2012. Please be aware that this approval will be effective on June 22, 2012 due to the mandatory 10-day appeal period that must elapse, Attached for your information is a list of the Conditions of Approval for this project. Please be advised that this approval will expire on June 22, 2014. During this time a building permit must be obtained to avoid this approval from becoming null and void. If for any reason a building permit is not obtained prior to the above expiration date, then an extension of twelve (12) months may be granted by the City Council. An application for an extension of time must be submitted to the Planning Department at least sixty (60) days prior to the expiration date. If you have any questions regarding your project, please contact me at (909) 798-7555. SincereI enjamin Matlock Planning Intern Development Services Department SCAQMD. CONTRACT NO. C25126 DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO.446 (Revision No. 1) Date of Preparation: June 19, 2012 Planning Commission Date: June 12, 2012 Applicant: South Coast Air Quality Management District Location: 500 North Dearborn Street 1,. The issuance of any permits shall comply with all provisions of the Redlands Municipal Code. 2. No Certificate of Occupancy shall be granted until all conditions of approval have been satisfied. 3. This approval is for a Conditional Use Permit for the upgrade of an existing air quality monitoring station operated by the South Coast Air Quality Management District; which consists of the installation of a new 320 square foot prefabricated structure to house monitoring equipment, and the installation of a new thirty-five (35) foot tall meteorological tower within an existing lease area of 1,600 square feet in the City of Redlands' Dearborn Street Reservoir located at 500 North Dearborn Street in the 0 (Open Land) District. 4. The air monitoring station container shall be painted in an earth -tone color 5. The meteorological (MET) tower shall be a galvanized gray color. 6. The MET tower shall be maintained in good condition through -out the life of the facility. 7. The applicant shall be required to ensure that the exterior of the structures are kept free of graffiti and/or defacement of any kind. 8. Unless construction has commenced pursuant to a building permit, or a time extension is granted in accordance with Code, this approval shall expire two (2) years from the date of Planning Commission approval. 9. All plans submitted to the City shall reflect Planning Commission approval and any other changes required by the Commission and/or staff. 10. Any onsite utilities associated with the project shall be placed underground. Plans shall be submitted that detail the undergrounding of all on -site utilities, SCAQMD. CONTRACT NO. C25126 subject to review and approval by the Community Development Director, prior to the issuance of building permits. 11. The project site shall be kept in a weed and dust free condition throughout all periods of development 12, Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or exactions imposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period. Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to Government Code Section 66020(a) has commenced to run .on the date this project was approved by the City. 13. The applicant for this permit, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or brought against the: City due to acts or omissions :in any way connected to the applicant's project that is the subject of this permit. This Indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of attorneys' fees. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant's project, within fourteen (14) City business days of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit (together, the :"Security") in a form and in an amount satisfactory to the City, to ensure applicant's performance of its defense and indemnity obligations under this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the Conditional Use Permit pursuant to this permit. The City shall have no liability to the applicant for the exercise of City's right to revoke this Conditional Use Permit. 14. The applicant shall work with planning staff in order to plant 15-gallon London Plane trees along the Northwestern and Southwestern corners of the Dearborn Reservoir in order to provide a landscape screen for the AQMD container within the lease area along Dearborn Street. Approved by: Oscar W. Orci Development Services Director