HERCULES SELF STORAGE, LP
A California Limited Partnership
General Partner: Executive Office
Hercules Self Storage Management, LLC 380 Civic Drive, Suite 200C A California Limited Liability Company Pleasant Hill, CA 94523 Arthur L. Lorenzini, Jr., Manager Phone: (925) 332-7281 Michael W. Conley, Manager Fax: (925) 332-7947
Mary Beth Lorenzini, Manager
Ryan A. Lorenzini, MAI, Manager
February 22, 2022
Honorable Mayor and City Council
City of Hercules
111 Civic Drive
Hercules, CA 94519
Via: Dante Hall, City Manager
Michael Roberts, PE, City Engineer and Public Works Director RE: Valley Bible Church Sanitary Sewer System
Dear Mayor and City Council:
On September 25, 2018, the City Council unanimously approved the Hercules Self Storage project by way of Resolution 18-058 (the "Resolution"') as well as adopted a Development Agreement (the "DA") by and between the City of Hercules and Hercules Self Storage, LP ("HSS and/or the Partnerships") for what has been known as the Willow Avenue Commercial Center Project. The salient issues, for the purpose of this letter, in the DA, were as follows:
• The City, at stabilization, would receive 10% of the gross rental revenues, defined as Base Rent for Hercules Self Storage on a monthly basis; and
• HSS was tasked in Condition #2) of the Resolution to resolve and fix the private sewer system, including the lift station, currently in use by the Valley Bible Church (the "Church"), West Coast Drilling and Cal Trans.
Since these approvals, we have built the Hercules Self Storage and we are ready for occupancy; however, four critical issues have arisen, as follows:
a. In attempting to achieve Condition #2) noted above, we have met with recalcitrance Irrespective of the fact that while the parties that have primarily been engaged, those being the Church, City Staff, our Consultants, and HSS, have worked hard, as well as exerted enormous energy and good will, for a long period of time, to seek a solution to the current To: Honorable Mayor and City Council
February 22, 2022
private sewer system. This hard work has persisted, despite the lack of participation by certain parties, including the former owner of the property where the pressure line, lift station and other related improvements currently are in place (Mr. Carone), and others using the system (excluding the Church).
b. Second, the Covid, particularly during 2020, retarded any ability to move with any degree of alacrity.
c. Next, events beyond anyone's control, such as change of Staff (e.g. the former City Manager, Mr. Biggs), change of direction by Mr. Carone, and lack of participation by certain users of the private sewer system, indicate the inherent limitations in a private sewer system d. Finally, the revenues anticipated in the DA to be received for the City are now far larger than was originally anticipated, but a timely ability to access these revenues is blocked by our inability to satisfy Condition #2)
In summary, we can neither occupy the Hercules Self Storage and generate revenues, nor can we exert much influence on system users (other than the Church) to cooperate, such that we need to respectfully request the City Council to provide us with an immediate Temporary Certificate of Occupancy ("TCO") subject to Conditions, as will be discussed below; these Conditions would include: approval of how to deal with our sewage in the short term, a surety to improve the system, a direction to Staff to work with HSS to finalize the details of making the current private system a public system, and direction to Staff to return to your Council with a report on how to effectuate the transition from a private to public system.
Mr. Michael Roberts, City Engineer and Public Works Director, asked that we write a letter to you indicating exactly what it is we are requesting in connection with the Hercules Self-Storage component of the Willow Avenue Commercial Project the City approved in 2018. This letter does so, and it serves as an Executive Summary of key milestones that have gone before and indicates the requested actions we respectfully request.
One never wishes to serve dinner with an apology, but, let me apologize for such a long letter; however, it is difficult to understand the magnitude of the issues that are involved without ar extended explanation. Accordingly, this letter provides a summary of What Has Gone Before, a brief Back exudes, Whethank aroi or yoly ind wance ids to be ding youre of these cions
WHAT HAS GONE BEFORE
In the period 1986-87, the Church did a "handshake" deal with Mr. Carone to put a lift station on the Carone property, as well as run the requisite sewer line(s) and associated pressure line on the Carone property to the City manhole near the railroad tracks. The sewage is lifted to that point, and then the sewage runs by gravity westerly in a City sewer line to a manhole on Willow near the terminus of the To: Honorable Mayor and City Council
February 22. 2022
former Carone property. The facilities on Carone have been operating since that time with the Church maintaining the system.
Subsequent to this handshake, two other entities tied into the Church system: West Coast Drilling did so with the Church's permission; Cal Trans did so without it. For all of the above, no written documents have existed for any of the systems, until quite recently, which will be explained at the end of this section. When HSS engaged in attempting to "fix" the entire situation, we were reluctant to expend any money to replace and/or upgrade the existing system, without written documentation by all parties involved. Other than the Church, HSS was not able to obtain cooperation with Carone and/or others. However, very recently, we did receive significant cooperation from Mr. Singh, the successor in interest to Mr. Carone, which is explained below.
Over the course of the last two years, we provided the City Staff a variety of letters and memoranda as to the problems we were encountering in being able to achieve Condition #2). Staff, at your request, can provide such materials to you. In addition, we provided a booklet on what comprised 15 publicly owned sewer lift stations which demonstrated what we thought were prudent design criteria and the like for public lift stations.
The three principal "take-aways" for what has gone before are:
• Without public assistance, we are not going to be able to effectuate cooperation, other than with the Church;
• A public system is viable, but, what is being requested by the Staff would cost about $250,000 more than whạt we think should be the case; with the Singh easement now in hand, we think the cost of the system should be around $300,000, but this needs to be confirmed.
As a public system, given the improvements the Staff desires, the cost will be more like $550,000. This needs to be confirmed as well.
• Without an easement agreement with Carone, the cost of a public system, as required by Staff, would be in the range of $750,000 for the cost of a pressure line running westerly on Willow Ave.
Having said the above. we are just now, pleased to report, due to the incredible perseverance of Mr.
Ron Hughes of the Valley Bible Church, as well as the good will and faith of Mr. Singh, the current owner of the Carone parcel, we now have an Easement Agreement (a copy attached as Exhibit "A") that has been recorded. This Easement Agreement formalizes the understanding between the Singhs, ourselves and the Church. This Easement Agreement can be assigned to the City. This Easement Agreement paves the way for the least cost path for retrofit of the current system.
To: Honorable Mayor and City Council
February 22, 2022
BACKGROUND
The above presents a concise but, reasonably comprehensive survey of what has taken place to date.
The questions are, where are we, and what needs to be done? We believe, where we are today is comprised of four major issues:
i. As has been described previously, Condition of Approval #2) for HSS was that it facilitate a "fix" to the current private sewer system. The HSS cannot open its doors to lease units and generate revenue until this Condition is modified to grant a TCO; For reference, Condition #2) states as follows:
2) Sanitary Sewer System: Applicant/Developer shall design and construct a sanitary sewer disposal system to the satisfaction of the City Engineer. The system shall comply with City and or Contra Costa County Department of Environmental Health standards.
Applicant/Developer shall secure necessary approvals and easements from private property owners and/or government agencies as required to construct and maintain the system. Applicant/Developer shall demonstrate the viability of the system to the satisfaction of the City Engineer prior to the issuance of any construction permits for the Project. (PW)
This condition needs to be modified such that we can occupy the facility under a TCO. ii. Second, a "Public Benefit" to the City is that it will receive 10% of the gross rental revenue of HSS within three (3) years of the Certificate of Occupancy, or, when HSS has obtained 90% occupancy (please reference the DA, section 3.1); any delay to the occupancy and leasing of HSS will prevent and/or retard the City being able to obtain this revenue stream in a timely manner; as an aside, it should be noted our original revenue estimates to the City were in the range of $150,000 to $200,000 at most. Our most recent "Base Rent" revenue estimate is as follows:
Gross Rental Income (Base Rent) 98,298 Rentable SF x 12 mos x $2.30psf $2,713,025 Less: Vacancy & Collection Loss 8.0% of Gross Rental Income ($217,042) Effective Rental Income $2,495,983
Less: Municipal Surcharge 10.0% of Effective Rental Income ($249,598) Effective Income After City Surcharge $2,246,285
This $250,000 revenue to the City, will likely continue to increase, and is about $100,000 per annum more than what we originally anticipated
iii. Third, the extent of the HSS sewer use will be two (2) toilets and three (3) sinks, during business hours only. To expect HSS to front over $550,000 to fix the current system as a private system, when the City will likely, on an annual basis, generate $250,000 in revenues from the HSS, seems to lack a certain level of fairness and equitable proportions as to the benefits gained by the City, at the costs to HSS, when in fact, HSS has no legal ability to compel any of the current actors involved in the system to do anything, as previously noted.
To: Honorable Mayor and City Council
February 22, 2022
As stated above, taking the line down Willow has been obviated by Mr. Singh's cooperation - thank goodness.
iv. Finally, while HSS committed itself to and has invested substantially in facilitating the fix of existing issues regarding the private sewer system, it really did not realize the magnitude of the elements involved, including without limitation, the difficulties encountered with Mr.
Carone, the lack of participation by all current users of the system, excluding the Church, the lack of any written documentation as to any understandings other than the most recently executed agreement with Mr. Singh, the inability of HSS to compel and/or cajole anyone to do anything, and the cost/benefit as to what the sewer use would be by HSS, compared to the cost of a fix of the current system by HSS.
Notwithstanding anything that has been expressed, it should be noted, the City allowed us to begin construction. Without such prudent action by the City, nothing would have taken place, and being ready to generate the revenues we are able to so today would be nothing more than someone's dream, if the Staff had now allowed this. The facility has at least now been completed, which in the alternative, construction never would have commenced. This is a good thing, and Staff should be affirmed in this regard.
In addition, the former City Manager did a splendid job in negotiating for the City, while we did not do a comprehensive due diligence to fully appreciate what it was we were agreeing to. Be that as it may, the context of the current situation leads us to the question of, what is to be done? We believe what we set forth in the next section on requested action will be a path that will be beneficial to all concerned.
REQUESTED ACTIONS
We request the City Council take forth action as described below.
1. Grant HSS a Temporary Certificate of Occupancy.
We have attached an annotated set of Conditions of Approval (see Exhibit "B"): Condition #2) would need to be modified to allow HSS to open without having a fix in place for the current private sewer system. While the current system is not perfect, it can accommodate the additional two toilets and three sinks. Having said this, the City does not wish to allow us to discharge into the current system, as they feel it will overload the system. We do not agree with this assessment; however, irrespective of whether we analytically agree with it or not, the Staff will allow us to open with temporary porta-potties and wash stations. We agree to this.
2. The City Take Over the Current Private Sewer System and Lift Station As we have indicated, HSS has no ability to compel anyone to do anything, nor does it have any power to ettect a solution, given the only seriously co-operating parties are the Church, and now, most recently, Mr. Singh. It seems to HSS, given its extremely limited sewer use To: Honorable Mayor and City Council
February 22, 2022
(two toilets and three sinks) that it could satisfy its own requirements by a sceptic system, or, an onsite dump facility that was pumped out by a service. This would have a reasonable cost and would adjust the cost/benefit proportions wherein the City receives $250,000 annually, or more, as revenues rise, and it mitigates HSS and the Church conceivably advancing, conceivably $300,000 or more, and then still engaging in the operation of a private system, with a questionable situation of being able to receive any reimbursement. Further, if the City is to accept the system, we believe this cost to build the new system will be in the neighborhood of $550,000. All of this needs to be reviewed and analyzed, now that the Singh easement is in place.
Accordingly, During the TCO, we believe all parties need some time to figure all of this out.
The City is going to be receiving a substantial revenue stream over time; certainly, well beyond what all parties originally anticipated. While there are a multitude of solutions, one being development should pay its own way, and we should just "...take our lumps...." we tend to believe what is taking place in this situation is a very unique "public-private partnership" that goes well beyond what type of revenues could be generated at this site for other uses.
By way of example, the biggest revenue generator might be a hotel; however, one would not likely ever go in the HSS location. Another would be a huge sales tax generator. We have not had any serious proposals for such a use and/or uses. At $2,500,000 in revenues for a normal sales tax generating use, this site would only generate about 1% sale tax to the City, or, about $25,000. HSS will likely generate about 10x that amount.
This is an extended way of making a point that to incentivize such "public-private partnerships", as well as send a message that the City is open to economic development partnerships and the like, the City should consider seriously taking ownership of this system, as well as considering what might be its contribution for the marginal cost the City Staff desires, as to improvements, in that revenues will certainly be there to maintain it quite comfortably, after we install a completely new system. All of this can be examined in the next 90 days.
3. Direct Staff to Return in 90 days with Report and Recommendation as to a Public System During the next 90 day period, we will be working with Staff to see what a system of this nature would be like, what it would cost, and how it would be implemented. At that time, Staff would recommend a mutually agreeable security, acceptable to all parties, as we would then have a better understanding of the cost of what would follow. Because Mr. Singh executed the Easement Agreement, many of the issues of access, etc. Now, the issue of what the system will look like, location of the lift station in the public right of way, and the like will be much easier to complete as to exact location, design details, etc.
It has become apparent to us that the other actors in the system clearly know we are on the hot seat, and have no interest in being part of the solution. Until the hand of government exerts its ability to influence its statutory authority for public benefit, we are very skeptical as to gaining cooperation from other entities making use of the system.
To: Honorable Mayor and City Council
February 22, 2022
Under the circumstances, we think the requested actions are reasonable, prudent, and fair
PROPOSED NEXT STEPS
• Adopt a TCO for HSS that modifies current COA #2 to allow this TCO. • Direct Staff to prepare a Report as described above and provide the appropriate documentation to assume control of the current system.
CONCLUSION
Given what has taken place, as well as the current configuration and position of all the current actors, we think what has been presented will bring all of this to a satisfactory conclusion. * * * *
To: Honorable Mayor and City Council
February 22, 2022
As always, we thank you for you most kind consideration in this matter, and please feel free to contact me if you have any questions.
Very Truly Yours,
HERCULES SELF STORAGE, LP
By: Hercules Self Storage Management, LLC
Arthur L. Lorenzini
Manager
Email: [email protected]
Cell: (510) 685-4873
Attach:
cc: Mr. Dante Hall, City Manager
Mr. Michael Roberts, PE, City Engineer
Michael W Conley
Ian Stonerock
Bryan Wenter, Esq,
Frank C. Bellecci, PE
To: Honorable Mayor and City Council
February 22, 2022
List of Exhibits
Exhibit Title of Exhibit
Easement for Singh
B Conditions of Approval for Resolution No.
18-058 adopted September 11, 2018.
Annotated
To: Honorable Mayor and City Council
February 22, 2022
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Exhibit "A"
Easement Agreement for Singh
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* SR00006626515*
Electronically Recorded
CONTRA COSTA Co Recorder Office
RECORDING REQUESTED BY DEBORAH COOPER, Clerk-Recorder
AND WHEN RECORDED MAIL DOC - 2022-0030969
TO: Friday, Feb 18, 2022 08:08
SB2 Fee: $75.00
Total Paid: $143.00 Receipt #: 202200024566
19- Recording Partners Network LLC 185 / MNPC /1-19
Mary Terrace, LLC
c/o The Claremont Companies, LLC
380 Civic Drive, Suite 200-C
Pleasant Hill, CA 94523
Attention: Arthur L. Lorenzini, Jr.
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
AGREEMENT
GRANTING EASEMENT FOR INGRESS AND EGRESS, AND DEVELOPMENT AND MAINTENANCE
OF A SANITARY SEWER SYSTEM AND LIFT STATION
This Agreement ("Agreement"), dated February 12, 2022, is by and among Bhandol LLC, a California limited liability company ("Grantor"), owner of the property described in Exhibit A" hereto (the "Bhandol Parcel"), and Mary Terrace, LLC, a Califomia limited liability company ("Mary Terrace") and Valley Bible Church of Contra Costa County, Inc., a California nonprofit corporation ("Church"). Hereinafter, Mary Terrace and Church are each referred to individually as a "Grantee" and are collectively referred to hereafter as "Grantees"; and Grantor, Mary Terrace and Church are each referred to individually as a "Party" and are collectively referred to hereafter as "Parties," as appropriate.
A. The Bhandol Parcel is subject to a recorded easement for a sanitary sewer (the "City Easement") as set forth in that Grant of Easement granted to the City of Hercules and recorded December 12, 1975 in Book 7709 of Official Records, Page 811, affecting a southerly portion of the Bhandol Parcel. Recently, Grantor took title to the Bhandol Parcel, subject to an existing sanitary sewer system extending from the northern boundary of the Bhandol Parcel to a connection with the City Easement, including a lift station (the "Current Sewer"), which is located within an area approximately 50 feet wide, measured westerly from the eastern boundary of the Bhandol Parcel. This instrument is delivered to the Recorder's office as an accommodation by Old Republic
Title for physical convenience only.
It has not been examined as to its validity,
11112.00012/1233907V1 execution or its effect upon title, if any. 1 AGREEMENT GRANTING EASEMENT FOR INGRESS AND EGRESS, AND DEVELOPMENT AND MAINTENANCE OF A SANITARY SEWER SYSTEM company and valy Ble church of contracost out, la, a fornia nor corin a rate, alri inted lity B. In order to facilitate the current use and future development of the Bhandol Parcel and nearby properties and facilitate the availability of a sanitary sewer for other sources of wastewater, as well as to encumber less of the Bhandol Parcel by removal of the Current Sewer, the Grantor hereby conveys to the Grantees an "Easement," as hereinafter defined, in the Easement Area. The legal description of the Easement Area is attached hereto as Exhibit "B". A plat map showing the location of the Easement Area in relation to the Bhandol Parcel is attached hereto as Exhibit "C".
C. Grantor and the Grantees hereinafter set forth as a matter of public record certain rights and obligations as to the use of the Easement with regard to access, construction, use and maintenance of the Sanitary Sewer (defined below), and other purposes, as more particularly described herein.
Article 1: Definitions.
In addition to the definitions set forth with parenthetical phrases elsewhere herein, the definitions below shall apply (unless the context clearly requires otherwise):
1.1. "Sanitary Sewer": The sanitary sewer to be constructed by Grantees, as it may originally be constructed or modified in the future, connecting at its southern end with the sanitary sewer system located on the City Easement, and on its northern end with a sewer system along Willow Avenue (the "Willow Avenue System").
1.2 "Permitted Persons": Any person or entity, employee, agent, contractor, subcontractor, invitee, tenant, subtenant, occupant, or licensee (and any employed, agent, invitee, representative, or contractor thereof) of the Parties, and in the event of emergency any emergency response personnel, as applicable.
Article 2: General Grant of Easement
2.1 Identification of General Easements.
Grantor hereby grants to the Grantees an easement across, through, over and under the Easement Area to construct, use, maintain, improve, monitor, repair, renovate and replace the Sanitary Sewer and any or all portions thereof. Grantees' rights to access the 11112.00012/1233907V1
2 AGREEMENT GRANTING EASEMENT FOR INGRESS AND EGRESS, AND DEVELOPMENT AND MAINTENANCE OF A SANITARY SEWER SYSTEM AND LIFT STATION among Shandol LLC, a Californla limited lability company as Grantor and Mary Terrace, LLC, a Callfornia Imited lability company and Valley Bible Church of Contra Costa County, Inc., a Callfornia nonprofit corporation as Grantees Easement Area hereunder shall be non-exclusive. Grantees shall also have the exclusive right to operate a sanitary sewer system within the Easement Area.
2.2 Construction Activities, In addition to the rights provided for in Section 2.1, above, each Grantee shall each have a non-exclusive and temporary right and easement to enter upon and across the Bhandol Parcel, appurtenant to the rights granted and obligations Imposed in Section 2.1 and Section 2.3, solely for the purpose of performing any work pursuant to Section 2.1 or Section 2.3, provided (a) the work is reasonably required in connection with such Party's exercise of its rights, or such party's fulfillment of its obligations; (b) such use is kept within the reasonable requirements of construction work expeditiously pursued, (c) the Grantee performing such work shall give Grantor at least one week's prior notice before commencing such work, except in case of emergency (d) the work will not unreasonably interfere with the conduct or operation of any business or activity on the Bhandol Parcel; (e) the Party exercising such rights shall carry, and shall cause any contractor performing work pursuant to Section 2.1 or 2.3 to carry, commercial general liability insurance in a minimum amount of one million dollars, and (f) the location of such temporary rights and easement, and any alternative parking arrangement if needed, is subject to the prior written consent and approval of Grantor, which shall not unreasonably be withheld, conditioned or delayed.
2.3 Consideration. In consideration for the Easement provided for herein, Grantees agree that, after the Sanitary Sewer becomes operational, Grantees shall disconnect and remove the Current Sewer on the Bhandol Parcel. The Bhandol Parcel is subject to an easement recorded December 14, 1965 at Book 5013 page 411 which granted to Pacific Gas & Electric Company the right to build, maintain and use a gas pipeline (the "PG&E Easement"), which pipeline runs approximately parallel, and approximately 15 to 25 feet to the west, of the Easement Area. Grantees agree that Grantee's exercise of the rights and obligations granted by this Agreement shall not interfere with the existing rights of PG&E pursuant to the PG&E Easement.
2.4 Interference with the Sanitary Sewer. Neither Grantor, nor either Grantee, shall dismantle, remove, or interfere with any component of, or the operation of, the Sanitary Sewer without first obtaining the written consent and approval of (i) the Grantees, in the case of any action by Grantor, or (i) the other Grantee, in the case of any action by one Grantee alone.
11112.00012/1233907v1
3 AGREEMENT GRANTING EASEMENT FOR INGRESS AND EGRESS, AND DEVELOPMENT AND MAINTENANCE OF A SANITARY SEWER SYSTEM AND UFT STATION among Bhandol LLC, a California Jimited lability company as Grantor and Mary Terrace, LLC, a California limited llabli! ompany and Valley Bible Church of Contra Costa County, inc., a Calffomla nonprofit corporation as Grantee af
2.4 Special Obligations. In the event that a Grantee exercises any of the rights set forth in this Article 2, it (i) shall comply in all respects with applicable law, ordinances, regulations and permits; and (ii) shall not unreasonably interfere with the conduct of operations on the Bhandol Parcel. Promptly after each exercise of any such rights, the Grantees shall, at their sole cost and expense, restore, in a reasonable manner, those portions of the Bhandol Parcel affected thereby in no less than the condition and appearance immediately prior to the exercise of such rights. Grantee will not permit any claim, lien or other encumbrance arising • from the use of the Easement granted herein to accrue against or to attach to the Bhandol Parcel or any part thereof.
2.5 Easements In Gross; Assignability. The easements granted in this Article 2 are easements in "gross," which means that they are an interest personal to the party granted the applicable easement and its permitted successors and assigns and are not tied to any particular use or ownership by either Grantee or their respective successors or assigns of any land. The rights and easements granted by this Article 2 shall be assignable (i) from one Grantee to the other; (ii) by both Grantees to a corporation or mutual benefit association or other similar legal person or to one individual, provided such legal person or individual assumes the obligations of Grantees under this Agreement, or (iii) upon the prior written consent of the Grantor which shall not be unreasonably withheld, conditioned or delayed, to any public agency, public utility or utility company. Either Grantee may, without the consent of Grantor, delegate some or all of its responsibilities pursuant to this Agreement; provided, however, that such delegation shall not release the assigning Party of its obligations hereunder. In the event of such delegation, the party to whom responsibilities have been delegated (the "Delegatee") shall enjoy the rights granted pursuant to this Agreement and shall perform the obligations delegated as though such Delegate were the Delegating Party.
Article 3: Recognition of Additional Users
3.1. Additional Users. The Parties recognize that the purpose of the Sanitary Sewer is to connect the Willow Avenue System to the Sanitary Sewer and the Sanitary Sewer to the City Easement, and other entities requiring access to the City's sanitary sewer system and not a Party to this Agreement may seek to use the Sanitary Sewer. The Parties also acknowledge that it is not the purpose of this Agreement for the Grantees to profit from the right to add additional users to the Willow Avenue System or Sanitary Sewer, but Grantees shall have the right to recover from additional users the costs of making such connections and to allocate to such additional users a reasonable share of the ongoing costs of the Willow Avenue System 11112.00012/1233907V1
4 • •
and Sanitary Sewer. Grantees shall have the right, (i) to connect third parties to any sewer system over which Grantees have the right to grant connections upline of the Sanitary Sewer; and (ii) to charge third parties for such rights to the extent reasonably related to the costs of such connections or usage, or to give such third partyles) ownership or membership interests) in a successor entity to Grantees.
•
Article 4. Rules Governing Conduct.
4.1. Good Faith. The Parties shall exercise all rights and benefits created by this Agreement in a manner consistent with all applicable laws and regulations governing the conduct and actions of the Party exercising such rights. Furthermore, the Parties agree to cooperate and use their good faith and reasonable efforts to carry out the intent of this Agreement.
Article 5. Indemnification and Reciprocity
5.1 Indemnification. Each Grantee hereby agrees to indemnify, defend, and hold the Grantor and its trustees, beneficiaries, directors, officers, shareholders, managers, members, agents, contractors and employees, as applicable, harmless from and against any claims (including all litigation, demands, damages, liabilities, costs and expenses) resulting or arising from the Grantee's exercise of its rights or omission of its obligations under this Agreement, except to the extent resulting or arising from the negligence or willful misconduct of the Grantor, or its trustees, beneficiaries, directors, officers, shareholders, managers, members, agents, contractors and employees, as applicable. Grantor hereby agrees to indemnify, defend, and hold the Grantees, and their respective directors, officers, shareholders, managers, members, agents, contractors and employees, as applicable, harmless from and against any claims including all litigation, demands, damages, liabilities, costs and expenses) resulting or arising from the negligence or willful misconduct of Grantor or its agents, contractors, or employees in in the performance or failure to perform rights or obligations pursuant to this Agreement.
5.2 Recognition of Reciprocal Benefit. All successors and assignees of the interest (or of any or some of them) of the original Parties herein recognize and agree, by accepting such interest, that substantial tangible and intangible benefits are conferred generally upon all such Parties, successors and assigns.
111112.00012/1233907V1 5
AGREEMENT GRANTING EASEMENT FOR INGRESS AND EGRESS, AND DEVELOPMENT AND MAINTENANCE OF A SANITARY SEWER SYSTEM AND UFT STATION among Bhandol LL.C, a Californta limited fablity company as Grantor and Mary Terrace, LC, a California limited lablin company and Valley Bible Church of Contra Costa County, inc., a California nonprofit corporation as Grantee •'
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Article 6: Parties Bound.
6.1 Effect as Among Original Parties. The Parties acknowledge and agree that, as among them, each shall benefit from the rights granted hereunder and be bound by the burdens hereof.
6.2 Effect of Burdens Upon Successors and Assigns. The burdens of this Agreement shall bind the Parties and their successors and assigns, and in turn, their heirs, successors, assigns, representatives and personal representatives, in perpetuity. Upon transfer of Grantor's, or its successor's, fee interest in the Bhandol Parcel, the transferor shall have no obligations under this Agreement except to the extent such obligation arose due to a breach or obligation to indemnify which arose prior to such transfer. Upon transfer or any Grantee's interest under this Agreement, such Grantee shall have no obligations under this Agreement except to the extent such obligation arose due to a breach or obligation to indemnify which arose prior to such transfer.
6.3 Effect of Benefits Upon Successors and Assigns. Except as otherwise provided expressly herein or as prohibited or otherwise required by law, the benefits of this Agreement shall inure to the benefit of each of the Parties, as their interests may appear, and in turn, their heirs, successors and assigns, representatives and personal representatives, in perpetuity.
Article 7: Run with the Land.
7.1 Run with the Land. The easements and obligations herein which burden the Bhandol Parcel shall run with the Bhandol Parcel.
Article 8: Miscellaneous.
8.1 Exhibits. All exhibits attached to this Agreement are part of this Agreement, and the material contained in such exhibits shall be construed and interpreted as if contained within the text of the Agreement.
8.2 Headings. The article and section headings of this Agreement are for convenience and reference only and shall be of no interpretive effect to the extent they conflict or are otherwise inconsistent with the terms hereof.
11112.00012/1233907N1 6
cy
8.3 Interpretation. When the context requires, words of any gender in this Agreement shall be held to include any other gender and words in the singular number shall be held to include the plural.
8.4 Entire Agreement. This Agreement constitutes the entire agreement among the Parties hereto and supersedes all prior agreements and understandings relating to the subject matter hereof.
8.5 Modifications, Waivers, Consents. This Agreement may not be modified, amended, or discharged except by instrument in writing signed by all of the Parties. No waiver or consent may be enforced unless such walver or consent shall be in writing and signed by the Party against whom enforcement thereof is sought.
8.6 Covenants Not Conditions. The provisions of this Agreement shall be construed as covenants and not as conditions.
8.7 Severability of Void Provisions. If any provision or provisions of this Agreement, or the application thereof to any Party, shall be held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions hereof or the application of such provisions to any Party or any person or any circumstance other than as to those which it is held to be invalid, illegal, or unenforceable, shall remain in full force and effect and shall not be affected by such invalidity, illegality, or unenforceability.
8.8 Notices. Any request for a Party's consent, or notice regarding construction activities, under this Agreement may be given via email to the email address specified by such party below, or to the appropriate email address as a Party may from time to time specify to the other(s), provided that any email notice shall be deemed given only if acknowledged by a "read receipt" to the sender's emall, or if the party notified responds to the email (regardless of the content of the response). Any demand for indemnification, or notice of breach, required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given either immediately upon actual receipt (when such notice is delivered by hand or reliable and nationally recognized overnight carrier service) or forty- eight (48) hours after it is deposited in a United States Post Office, registered or certified mail, postage prepaid, retur receipt required. In all cases, notice shall be addressed to the 11112.00012/1233907v1
7 :
•
appropriate Party at the appropriate address as the Parties may from time to time specify in writing to the others:
To Grantor: Bhandol, LLC
1109 Dennis Court
Rodeo, CA 94572
1. Attention: Davinder Singh
To Mary Terrace: Mary Terrace, LLC
c/o The Claremont Companies, LLC
380 Civic Drive, Suite 200-C
Pleasant Hill, CA 94523
Attention: Arthur L. Lorenzini, Jr., Managing Director
Email: [email protected]
To the Church: Valley Bible Church of Contra Costa County, Inc. 1477 Willow Avenue
Hercules, CA 94547
Attention: Ronald L Hughes
Email: [email protected]
8.9 Recording, As among the Parties hereto, this Agreement shall become effective immediately after it has been executed. Notwithstanding the foregoing sentence, this Agreement shall be recorded (whereupon, to the full extent permitted by law, it shall immediately become enforceable as to all successors and assigns of the Parties hereto, regardless of whether such succession or assignment occurred before or after such recordation).
8.10 Counterparts. This Agreement may be executed in multiple (identical) counterparts and/or with the signatures of the Parties set forth on separate signature pages.
8.11 Mortgage Subordination. Any mortgage or deed of trust affecting any portion of the Bhandol Parcel shall at all times be subject and subordinate to the terms of this Agreement, except if and to the extent expressly otherwise provided herein, and any party foreclosing any such mortgage or deed of trust, or acquiring title by deed in lieu of foreclosure or trustee's sale, shall acquire title subject to all of the terms and provisions of this Agreement. 11112.00012/1233907V1
8 ly
8.12 No Joint Venture. Nothing in this Agreement shall be construed to make the Parties hereto partners or joint venturers.
8.13 No Dedication. Nothing in this Agreement shall be deemed to be a gift or dedication of any portion of the Bhandol Parcel or of any rights created by this Easement to the general public or for any public use or purpose whatsoever, it being the intention of the Parties, to the contrary, that nothing expressed herein or implied hereby shall confer upon any person (other than the Parties hereto and their successors and assigns) any rights or remedies hereunder.
8.14 Usage. The Parties hereto have agreed that, with respect to any easement created by this Agreement, (i) the words "in," "upon," "to," "on," "over," "through," and/or "under" shall be interpreted to include all such terms to the extent that the context shall permit or require such interpretation, and (ii) the term "use" (as a noun) shall be interpreted to include "use," "operation," "maintenance," " repair," "cleaning," 'installation," and "replacement" to the extent that the context shall permit or require such interpretation.
8.15 Reservation of Rights. Except where specifically otherwise provided for in this Agreement:
(a) nothing herein shall be construed to restrict, limit or impair in any way the exercise of any rights, privileges, or defenses available to each Party as a matter of law or other agreement among the Parties, and
(b) nothing herein shall be construed to restrict, limit, or impair in any way any right of the Parties to file a claim or cause of action regarding any matter, action or issue which may arise specifically from this Agreement.
8.16 Jurisdiction. This Agreement will be governed and constructed by the laws of the State of California, and by Federal Law, as may be applicable.
8.17 Counsel. This Agreement has been prepared in part or in whole by legal counsel for Mary Terrace, LLC. Bhandol Parcel Owner and Valley Bible Church of Contra Costa County, Inc. each acknowledge and agree for itself as a Party to this Agreement that it has been, or has been afforded the full opportunity to be, represented by independent legal counsel with 11112.00012/1233907V1 9
ly
-
respect to this Agreement and, in any event, each agrees that legal counsel for Mary Terrace, LLC has not represented such Party's interests nor does legal counsel for Mary Terrace, LLC owe any duties whatsoever to Bhandol Parcel Owner or Valley Bible Church of Contra Costa County, Inc.
[SIGNATURES ON FOLLOWING PAGE]
11112.00012/1233907v1
10 AGREEMENT GRANTING EASEMENT FOR INGRESS AND EGRESS, AND DEVELOPMENT AND MAINTENANCE OF A SANITARY SEWER SYSTEM AND LIFT STATION among Shandol LLC, a Callfornia Ilmited lability company as Grantor and Mary Terrace, LLC, a Californla lImited lability company and Valley Bible Church of Contra Costa County, Inc, a Californla nonprofit corporation as Grantees IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
GRANTOR:
BHANDOL LLC,
a California limited liability company
Davinder Singh
Its sole Manager
GRANTEES:
VALLEY BIBLE CHURCH OF CONTRA COSTA MARY TERRACE, LLC,
COUNTY, INC., a California limited liability company
a California nonprofit corporation
Cutle a
Lawrence K. Howard Arthur L. Lorenzini, Jr., Managing Directo Its Chief Executive Officer
Вуг
Charles Latibeaudiere
Its Secretary
or Rower 3. Hughes
Ronald L. Hughes
Its Chief Financial Officer
11112.00012/1233907v1
11 AGREEMENT GRANTING EASEMENT FOR INGRESS AND EGRESS, AND DEVELOPMENT AND MAINTENANCE OF A SANITARY SEWER SYSTEM AND LIFT STATION among Shandol LLC, a California limited lablity company as Grantor and Mary Terrace, LLC, a California limited Itability company and Valley Bible Church of Contra Costa County, Inc., a California nonprofit corporation as Grantees
EXHIBIT A
LEGAL DESCRIPTION
BHANDOL PROPERTY
All that real property situate in the City of Hercules, County of Contra Costa, State of California, described as follows:
All that certain 2.042 Acre parcel of land shown on PARCEL MAP 1004 filed for record on August 2, 1977, in Book 56 of Parcel Maps, at Page 40.
LAND
CRATE CHARLEN SURVEYOR BELLECCI
Mo. 5398 35 lewi
OF
2-3-22
• EXHIBIT B
Legal Description of Sanitary Sewer Easement
All that real property situate in the City of Hercules, County of Contra Costa, State of Califomia, described as follows:
A portion of that certain 2.042 Acre parcel of land shown on PARCEL MAP 1004 filed for record on August 2, 1977, in Book 56 of Parcel Maps, at Page 40, further described as follows:
Beginning at the most northeasterly corner of said 2.042 Acre parcel; thence southerly along the easterly boundary line of last said parcel South 2°20'57" East, 170.19 feet to the southeasterly corner of last said parcel, said corner being the beginning of a non-tangent curve concave to the north having a radius of 904.54 feet and to which beginning a radial line bears South 2°20'5p East; thence westerly along the southerly boundary line of last said parcel 92.88 feet along said curve through a central angle of 5°53'01"; thence leaving last said boundary line North 3°32'04" East, 10.00 feet to the beginning of a non-tangent curve concave to the north and having a radius of 894.54 feet and to which beginning a radial line bears South 3°32'04" West; thence easterly
81.86 feet along said curve through a central angle of 5°14'35" to a point 10.00 feet westerly, right angle measurement, from said easterly boundary line; thence North 2°20°57" West, 160.26 feet to a point on the northerly boundary line of last said parcel, said point being the beginning of a non- tangent curve concave to the north and having a radius of 1840.60 feet and to which beginning a radial line bears South 1°28'19" East; thence easterly along the northerly boundary line of last said parcel 10.00 feet along said curve through a central angle of 0°18'41" to the Point of Beginning.
Containing an area of 2,525.97 square feet, more or less.
LAND
LICENSED SURVEYOR
OF
2-3-22
100 50 0 100 200
LAND
LIGENSED CAN CHARLEN
BELLECCI SCALE IN FEE
"=100
No. 5399 CALTRANS MAINTENANCE STATION
406-070-025m|
N
2-3.22
WILLOW AVE.
CH
S01'28'19"E(R)
_POINT OF
BHANDOL LLO N2'2057W BEGINNING
08-150-002- S2'20'57"E
PARCEL MAP 1004 160.26
56 PM 40 170.19'
C DRILLING I
L=8186 6-160-005
S3'32'04 W(R R=894.54
0.00° D=514'35"
BNSF RAILROAD D=553'01
R 92884* 50220'57E()
CURVE TABLE
CURVE # DELTA RADIUS LENGTH
C1 0'18'41" 1840.60' 10.00'
* Bellecci & Associates, inc. EXHIBIT C PLAT OF EASEMENT AREA Civil Engineering • Landsurve SANITARY SEWER EASEMENT
*20 Demond Boudovard, Butte 100 Geneard CA 04630 DATE: PLEN 2-3-2022 SCALE 7=100% BHANDOL PROPERTY Phone (82) 8854580 Far (925) 836.4838
]SHEET 1 OF 1
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document State of California
county of Contra Costa
On. Pelarvans 4, 2022, before me Susan C. Williams, notary pulate, (insert name and title of the officer)
personally appeared Arther t. torenzini , Jr
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacities, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SUSAN C. WILLIAMS
Notary Public - Callfornia
Contra Costa County
Commission # 2314760
My Comm. Expires Dec 6. 2023
signature: SumC. Wilian . (Seal)
11112.00012/1233907V1 15
AGREEMENT GRANTING EASEMENT FOR INGRESS AND EGRESS, AND DEVELOPMENT AND MAINTENANCE OF A SANITARY SEWER SYSTEN AND LIFT STATION among Bhandol LLC, a California limited liability company as Grantor and Mary Terrace, LLC, a California limited liability company and Valley Bible Church of Contra Costa County, Inc., a California nonprofit corporation as Grantees lef
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document State of California
County of CONTRA COSTA
On FeBRUARY 121h, 2022, before me JOHN BRADLET DEUTSCHER NOTARK PURLIE (insert name and title of the officer)
personally appeared DALINDER
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacities, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JOHN BRADLEY DEUTSCHER
Notary Public - Californla
Contra Costa County
Commission # 2372459
My Camm. Expires Aug 27, 2025
Signature filthet (Seal)
11112.00012/1233907v1 16
AGREEMENT GRANTING EASEMENT FOR INGRESS AND EGRESS, AND DEVELOPMENT AND MAINTENANCE OF A SANITARY SEWER SYSTEM AND LIFT STATION among Bhandol LLC, a California fimited liability company as Grantor and Mary Terrace, LIC, a Californla limited liability company and Valley Bible Church of Contra Costa County, Inc., a California nonprofit corporation as Grantees
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document State of California
County of CONTEA COSTA
On FEBRUARY 12TH, 2022 before me JOHN BRADLeY DEUSSHER NOTARY PUBLIC (insert name and title of the officer)
LAWRENCE K. HOWARD
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacities, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JOHN BRADLEY DEUTSCHER
Notary Public - California
ontra Costa Coun
ammission # 23724:
My Comm. Expires Aug 27, 2025
fellet (Seal)
11112.00012/1233907V1 17
AGREEMENT GRANTING EASEMENT FOR INGRESS AND EGRESS, AND DEVELOPMENT AND MAINTENANCE OF A SANITARY SEWER SYSTEM AND LIFT STATION among Bhandol LLC, a California limited lability company as Grantor and Mary Terrace, LLC, a California limited lability company and Valley Bible Church of Contra Costa County, Inc., a Callfornia nonprofit corporation as Grantees ly
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document State of California
County of CoNTRA COSTA
On FEBRUARY 12TH, 2022 before me JOHN BeARLar DEVISSHER NOTARY PUBLIS (insert name and title of the officer
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacities, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JOHN BRADLEY DEUTSCHER
Notary Fublic - California
Contra Costa County
Commission # 2372459
My Comm. Expires Aug 27, 2025
Calibeat
Signature (Seal)
11112.00012/1233907v1 18
AGREEMENT GRANTING EASEMENT FOR INGRESS AND EGRESS, AND DEVELOPMENT AND MAINTENANCE OF A SANITARY SEWER SYSTEN AND LIFT STATION among Shandal LLC, a Californla limited abllity company as Grantor and Mary Terrace, LLC, a Callfornia limited labill company and Valley Bible Church of Contra Costa County, Inc., a California nonprofit corporation as Grantees
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document State of California
County of CONTRA COSTA
On FEBRUARY 12TN, 2022, before me JoHN BRADLEr DEUTSCHER NOTARY PUBLIC (insert name and title of the officer)
personally appeared RONALD L. HUGHES
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacities, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JOHN BRADLEY DEUTSCHER
Notary Public - Callfornia
Contion 37259
My Comm. Expires Aug 27, 2025
(Seal)
11112.00012/1233907v1 19
AGREEMENT GRANTING EASEMENT FOR INGRESS AND EGRESS, AND DEVELOPMENT AND MAINTENANCE OF A SANITARY SEWER SYSTEM AND UFT STATION among Bhandol LLC, a California limited lability company as Grantor and Mary Terrace, LLC, a Californla limited Ilablity company and Valley Bible Church of Contra Costa County, Inc., a California nonprofit corporation as Grantees To: Honorable Mayor and City Council
February 22, 2022
Exhibit "B"
Conditions of Approval for Resolution No. 18-058 adopted September 11, 2018 Annotated •
HERCULES SELF STORAGE CONDITIONS OF APPROVAL STATUS
(Summarized See Resolution 18-058 For Details)
PROJECT SPECIFIC CONDITIONS
Item Number Item
Transportation / Road Improvements Plans Approved. Encroachment Permit issued. Work Scheduled for 2/1-2/25. Punchlist to be created with City afte improvements installed.
1 d
Design for Sanitary Sewer proposed and to be discussed with 2 Sanitary Sewer System
Any future carwash will be submitted for Design Review and 3 Future Design Review App Required all required permitting Any future signage will be submitted as part of a sign program 4 Sign Program for Auto Serives Building.
We would like to open The Leasing Office, Building A, and Building B on a TCO prior to Building D being complete
5 Project Phasing
Cross access between parcels will be completed in the future when Parcel B is constructed. Plat and Legal has been created 6 Access / Parking Easements to address this item.
Grading complies with COAs and is approved in the
7 Grading Adjacent to Willow Ave Sidewalk Improvement Plans Encroachment Permit # 20-087
Date Posted: 9/4/202
8 Encroachment Permit Approved Until 5/31/2022
Landscaping maintenance withing the ROW will be done by Landscaping Within Public ROW property owner
Slopes comply with COAs and are designed and approved per 10 Landscaping of 1 to 1 slope adjacent to wetlands the Improvement Plans 11 Status of Exisiting Easement PG&E easement cleared with Parcel Map Self Storage will not store vehicles outdoors either temporarily 12 Outdoor Storage or permanently
no more than 12 rental vehicles and storage location to 13 Vehicle Rental comply with COAS
Self Storage hours of operation and any future auto service 14 Hours of Operation. operation will conform to City's requirements 15 Retaining Wall Oriented Toward Public Streets No retaining walls are oriented toward City streets.
Confirmed. Colors match "Option A" as selected by Planning 16 Buidling Colors Commission
Approvals valid per term agreed to in Development
17 Approval Period Agreement item 1.2
Developer has complied with MND measures set forth in Final 18 MND ISMND for the duration of the project.
STANDARD CONDITIONS
PLANNING STANDARD CONDITIONS
19 Compact and Accessible Parking Approved per with Improvement Plan:
20 Screening of Parking Spaces Confirmed. Parking screened with landscaping 21 Bicycle Parking Bicycle parking
V Charger Parking requirements comply with state la
22 Electric Vehicle Charging Stations guidelines and are included in approved plan Confirmed striping plan approved per Improvement Plans
23 Parking Loit Striping / Signing Plan
Confirmed striping plan approved per Landscaping Plans
24 roject Fencing
25 Screening of Above Ground Utilitie. Confirmed. Utilities screened with landscaping.
Confirmed. Ph 1 Submitted and all measures have been
26 Ph 1 Environmental Assessment complied with
Confirmed. Accessible access approved per improvement Plans 27 Pedestrian Access
28 Site Lighting Confirmed. Photometric plan approved.
2/21/2022, Page 1 of 4
•
HERCULES SELF STORAGE CONDITIONS OF APPROVAL STATUS
(Summarized See Resolution 18-058 For Details)
[Confirmed. Landscaping to be installed per approved plan 29 Landscaping Standards
Several modifications for the project have been made.
Modifications have gone through appropriate plan check / 30 Minor Modifications review processes with the City
Special Zoning Provision of Section 35.280 Zoning Ordinance Fencing and walls built per approved Landspaing Plans
Confirmed set backs on approved plans
31 confirmed. Informal parking spaces throughout the facility Confirmed. No human, animal, or plant habitation or
cultivation in storage units
No Trash to be generated by tenants onsite. All stored items e to be removed when lease expires.
32 Performance Standards
BUILDING RELATED STANDARD CONDITIONS (BD)
33 Addressing Requirement [Complete. 1444 Willow Ave is the current address Construction Drawings
a All construction drawings have been reviewed, approved, and 34 construction has been inspected by the appropriate County inspector with supplemental special inspections for those items that require it.
h
Health, Design, and Safety Standards
All construction has to date and will meet health and safety standard. All consturction drawings and install of health 35 related items have been reviewed, approved, and construction has been inspected by the appropriate County inspector with → •a supplemental special inspections for those items that require Confirmed. All work has been underway during 7am-5pm
36 Work Hours work hours
Construction traffic plans have been approved when
37 Construction Traffic Management Plan
apronet. Republic Services has been servicing trash durine 38 Refuse / Trash Collection & Construction Debris construction emp fencing has not obstructed access and has allowe
edestrian access during the duration of the proje
39 Temporary Construction Fencing
Confirmed. All roof equipment is screened where it occurs. 40 Screening of Roof Mounted Equipment
PUBLIC WORKS RELATED STANDARD CONDITIONS (PW)
Confirmed. Public Works standards complied with per
41 Public Works Standards pproved plans and during construction processe onfirmed. Geotech/ Soils report submitted and approve
42 Final Geotechnical Report during plan check process.
Confirmed. Geotech/ Soils report submitted and approved 43 Soils Report during plan check process.
Title Report submitted along with entitlement and plan check 44 Title Report Required process
punchlist of repairs within the City ROW will be created afte be manetute station or tre ryement and repais wi
45 [Street Repair
2/21/2022, Page 2 of 4
HERCULES SELF STORAGE CONDITIONS OF APPROVAL STATUS
(Summarized See Resolution 18-058 For Details)
Confirmed. Retaining walls designed and constructed
46 Retaining Walls
(corded am prede tel and core accordine
47 Storm Drainage
48 Location of Improvements / Configuration of ROW
Counted. Water and sewer destened and constructed
according to plans approved by the City, County, and EBMUD. 49 Water and Sewer Lines
Erosion Control Plan has been approved and control measures are maintained throughout the year. Special inpsections occuring weekly or during rain events
50 Erosion Control Measures
51 Joint Utility Trenches / Undergroudning/ Utility Plans Confirmed. Street Lighting designed and constructed
Street Lighting according to plans and specs approved by the City 53 Sight Distance Landscaping
Contentions sumite quality contem Manual fo
54 Post-Construction Stormwater Management
Encroachment permit # 20-087 posted 9/4/2020, expires
Encroachment Permit
Sonine. Wily pese proved per improvement plan
56 Utility Pipe Size
Sherited through plan check process with improvement
57 Documents Needed for City Base Maps
OTHER STANDARD CONDITIONS
58 Indemnity Requirement
All development, plan check, engineering, fire and other 59 Payment of Fees required fees paid to date
60 Sewer Related Fees All sewer related fees paid to date 61 Business License Required Claremont Homes, Inc Business License # Acknowledged. All graffit will be removed within 48 hours of 62 Graffiti Prevention and Control notification
Confirmed. All conditions and requirements will be adhered 63 Compliance with all Conditions/ Requirements
onfirmed. Site to be maintained by Hercules Self Storage an lary Terrace and others to may enter into future ownershi 64 Ongoing Site Maintenance
or rental greaten handing i copy with cleand
65 Handling of Hazardous Materials County standards
Any and all CC&Rs will be consistenet with permit terms. 66 CC&Rs
Fire District
a
82 =2u
d
I To
uo = All construction drawings have been reviewed, approved, and 67 construction has been inspected by the Rodeo-Hercules Fire District Marshal.
2/21/2022, Page 3 of 4
HERCULES SELF STORAGE CONDITIONS OF APPROVAL STATUS
(Summarized See Resolution 18-058 For Details)
Fencing and retaining walls have been submitted and
68 Consolidate Fencing
69 Security Cameras request.
2/21/2022, Page 4 of 4