Agenda packet — Redlands City Council, July 16, 2024 (part 3 of 10)

IN WITNESS WHEREOF, the Licensee acknowledges that it understands and agrees to all of the above terms in this Specific License Exhibit on the day and year first above written.

CITY OF REDLANDS
By:

Name:

Title:

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY
By:

Name:

Title:

Date:

Redlands Regular meeting of 07-16-24 502 of 2362
Redlands Regular meeting of 07-16-24 503 of 2362
Exhibit “A-3”
Specific License Exhibit – Location No. 3 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 1 of 4 ends

SBCTA Contract No. 23-1002930

SPECIFIC LICENSE EXHIBIT TO MASTER LICENSE AGREEMENT
This Specific License Exhibit (“SLE”) to Master License Agreement is entered into as of the date executed by the San Bernardino County Transportation Authority (“SBCTA” or “Licensor”) and CITY OF REDLANDS (“Licensee”), pursuant to the provisions of the Master License Agreement dated November 21, 2023, which is incorporated herein by reference, and all terms and definitions contained in the Master Agreement shall apply to this SLE.

1. DESCRIPTION OF UTILITY PROJECT AND USE.

Description of Improvements, Utility and/or Appurtenances:

One (1) 8-inch, 0.312 inch thick, ductile iron pipe waterline within an 18-inch steel casing.

One (1) 24-inch, vitrified clay pipe sewer line within a 48-inch steel casing.

One (1) 16-inch, steel waterline within a 24-inch steel casing.

Use of Premises:

Operation, maintenance and repair of Improvements.

The facility described in this SLE shall be referred to as the “Utility Project.” To the extent that plans, or permits are prepared or required for the Utility Project, Licensee shall submit such plans or permits to SBCTA prior to Licensee’s commencement of the Utility Project.

Exhibit “E”: SLE Control Master Ledger summarizes features of each Utility Project and tracks associated payments with each facility.

2. DESCRIPTION OF THE PREMISES.

City: Redlands Subdivision: San Gabriel
Address and/or Milepost Location:

Transverse crossings 19 feet east (16” water) and 50 feet east (8” water) of New York Street; Longitudinal crossing 15 feet south of the north SBCTA right of way line (24” sewer).

Mile Post 64.82
Approximate Area: 2,360 square feet; 0.054 acres
[See Attachment No. 1 – SLE: Map/Depiction of Premises] Redlands Regular meeting of 07-16-24 504 of 2362
Exhibit “A-3”
Specific License Exhibit – Location No. 3 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 2 of 4 ends

Description and Dimensions of the Premises Area:

An underground recycled waterline transverse crossing of SBCTA’s San Gabriel Subdivision along the east side of New York Street, 100 feet in length and 10 feet in width.

An underground sewer longitudinal installation along SBCTA’s San Gabriel Subdivision along the north side of the rail right of way between New York Street and Stuart Street, 240 feet in length and 10 feet in width.

An underground waterline transverse crossing of SBCTA’s San Gabriel Subdivision along the east side of New York Street, 102 feet in length and 10 feet in width.

This SLE supersedes the following agreements:

Agreement/Contract Number 21-1002608 (RRND007747), License Agreement between SANBAG (SBCTA's predecessor in interest) and the City of Redlands, dated June 25, 2015.

Agreement/Contract Number RRND007352, License Agreement between Atchison, Topeka and Santa Fe Railway Company (SBCTA's predecessor in interest) and the City of Redlands, dated December 12, 1990.

Agreement/Contract Number RRND007390, License Agreement between Atchison, Topeka and Santa Fe Railway Company (SBCTA's predecessor in interest) and the City of Redlands, dated May 15, 1963.

3. TERM.

The term of this License shall commence on the date this SLE is executed.

Term (check one):
( X ) Α. Month-to-Month
( ) B. Until End Date: ________ (subject to termination pursuant to the terms of the SLE – see especially Standard Master License Agreement Provisions).

4. PARTIES.

The Utility Project will be performed or constructed by the Licensee. The Licensee representative or other person responsible for the Utility Project can be contacted at:

Name: Goutam K. Dobey
Address: 35 Cajon Street, Suite 15A, Redlands, CA 92373 Phone Number: (909) 798-7584 Ext. 2
Email Address: [email protected]
Redlands Regular meeting of 07-16-24 505 of 2362
Exhibit “A-3”
Specific License Exhibit – Location No. 3 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 3 of 4 ends

5. ADMINISTRATION FEE.

Licensee shall pay Licensor an Administration Fee of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) for Licensor’s costs for processing this SLE as set forth in Section

3.1.1 of the MLA. This payment shall be made within five (5) days of execution of this SLE, and then annually in advance prior to each anniversary of the execution of the SLE for as long as this SLE is in effect. The Administration Fee, at the sole discretion of the Licensor, may be revised to reflect the Licensor’s annual costs of administering this SLE as those costs may change over time as set forth in Section 3 of the MLA. The annual Administration Fee identified herein may be further subject to a discounted rate based on number of Utility Projects under the MLA as further described in Exhibit “E”: SLE Control Master Ledger enumerating all Utility Projects under the MLA.

6. ANNUAL USE FEE.

Licensee shall pay Licensor an Annual Base Use Fee of ZERO DOLLARS ($0.00) as set forth herein and subsequently adjusted pursuant to Section 3.2 of the MLA. Such Annual License Fee shall be due and payable on upon Licensee’s execute of the SLE; and the Annual License Fee Payment Date as set forth in Section 3 of the MLA during each succeeding year for as long as this SLE is in effect. The Annual License Fee, at the sole discretion of the Licensor, may be revised as set forth in Section 3 of the MLA.

7. ADDITIONAL USE FEE.

Pursuant to Section 3.1.4 of the Standard Master License Provisions, an Additional Use Fee for the Utility Project in the amount of ZERO DOLLARS ($0.00) shall be due and payable upon execution of the SLE by Licensee.

8. INDEMNITY AND INSURANCE REQUIREMENTS.

Licensee shall fully comply with all terms and obligations contained within the MLA, which are incorporated herein by this reference, including payment of prevailing wages if applicable, as well as all insurance and indemnity requirements. However, if SBCTA allows, in its sole discretion, Licensee to obtain insurance varying from the requirements set forth in the MLA, which requirements shall be attached hereto in Attachment No. 2 – SLE: Varying Insurance Requirements and incorporated herein by reference. Such varying insurance shall be subject to the requirements set forth in Section 9 of the MLA.

Redlands Regular meeting of 07-16-24 506 of 2362
Exhibit “A-3”
Specific License Exhibit – Location No. 3 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 4 of 4 ends

IN WITNESS WHEREOF, the Licensee acknowledges that it understands and agrees to all of the above terms in this Specific License Exhibit on the day and year first above written.

CITY OF REDLANDS
By:

Name:

Title:

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY
By:

Name:

Title:

Date:

Redlands Regular meeting of 07-16-24 507 of 2362
Redlands Regular meeting of 07-16-24 508 of 2362
Exhibit “A-4”
Specific License Exhibit – Location No. 4 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 1 of 3 ends

SBCTA Contract No. 23-1002930

SPECIFIC LICENSE EXHIBIT TO MASTER LICENSE AGREEMENT
This Specific License Exhibit (“SLE”) to Master License Agreement is entered as of the date executed by the San Bernardino County Transportation Authority (“SBCTA” or “Licensor”) and CITY OF REDLANDS (“Licensee”), pursuant to the provisions of the Master License Agreement dated November 21, 2023, which is incorporated herein by reference, and all terms and definitions contained in the Master Agreement shall apply to this SLE.

1. DESCRIPTION OF UTILITY PROJECT AND USE.

Description of Improvements, Utility and/or Appurtenances:

One (1) 36-inch, reinforced concrete pipe storm drain within a 60-inch steel casing and 18” reinforced concrete pipe lateral collection lines.

One (1) 12-inch, asbestos cement pipe waterline within a 20-inch steel casing.

Use of Premises:

Operation, maintenance and repair of Improvements.

Exhibit “E”: SLE Control Master Ledger summarizes features of each Utility Project and tracks associated payments with each facility.

2. DESCRIPTION OF THE PREMISES.

City: Redlands Subdivision: San Gabriel
Address and/or Milepost Location:

Transverse crossing west of Colton Avenue.

Mile Post 64.21
Approximate Area: 7,650 square feet; 0.176 acres
[See Attachment No. 1 – SLE: Map/Depiction of Premises] Description and Dimensions of the Premises Area: An underground storm drain transverse crossing of SBCTA’s San Gabriel Subdivision along the west side of Colton Avenue, an irregular shaped area approximately 7,150 square feet.

This SLE supersedes the following agreement: Agreement/Contract Number 21-1002511 (RRND007738), License Agreement between SANBAG (SBCTA's predecessor in interest) Redlands Regular meeting of 07-16-24 509 of 2362
Exhibit “A-4”
Specific License Exhibit – Location No. 4 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 2 of 3 ends

and the City of Redlands, dated March 17, 2015.

An underground waterline transverse crossing of SBCTA’s San Gabriel Subdivision west of the original Colton Avenue, 50 feet in length and 10 feet in width.

This SLE supersedes the following agreement: Agreement/Contract Number RRND007738, License Agreement between Atchison, Topeka and Santa Fe Railway Company (SBCTA's predecessor in interest) and the City of Redlands, dated October 19, 1923

3. TERM.

The term of this License shall commence on the date this SLE is executed.

Term (check one):
( X ) Α. Month-to-Month
( ) B. Until End Date: ________ (subject to termination pursuant to the terms of the SLE – see especially Standard Master License Agreement Provisions).

4. PARTIES.

The Utility Project will be performed or constructed by the Licensee. The Licensee representative or other person responsible for the Utility Project can be contacted at:

Name: Goutam K. Dobey
Address: 35 Cajon Street, Suite 15A, Redlands, CA 92373 Phone Number: (909) 798-7584 Ext. 2
Email Address: [email protected]

5. ADMINISTRATION FEE.

Licensee shall pay Licensor an Administration Fee of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) for Licensor’s costs for processing this SLE as set forth in Section

6. ANNUAL USE FEE.

Licensee shall pay Licensor an Annual Base Use Fee of ZERO DOLLARS ($0.00) as set forth herein and subsequently adjusted pursuant to Section 3.2 of the MLA. Such Annual License Fee shall be due and payable on upon Licensee’s execute of the SLE; and the Annual License Fee Payment Date as set forth in Section 3 of the MLA during each succeeding year for as long Redlands Regular meeting of 07-16-24 510 of 2362
Exhibit “A-4”
Specific License Exhibit – Location No. 4 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 3 of 3 ends

as this SLE is in effect. The Annual License Fee, at the sole discretion of the Licensor, may be revised as set forth in Section 3 of the MLA.

7. ADDITIONAL USE FEE.

8. INDEMNITY AND INSURANCE REQUIREMENTS.

IN WITNESS WHEREOF, the Licensee acknowledges that it understands and agrees to all of the above terms in this Specific License Exhibit on the day and year first above written.

CITY OF REDLANDS
By:

Name:

Title:

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY
By:

Name:

Title:

Date:

Redlands Regular meeting of 07-16-24 511 of 2362
Redlands Regular meeting of 07-16-24 512 of 2362
Exhibit “A-5”
Specific License Exhibit – Location No. 5 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 1 of 3 ends

SBCTA Contract No. 23-1002930

1. DESCRIPTION OF UTILITY PROJECT AND USE.

Description of Improvements, Utility and/or Appurtenances:

One (1) 16-inch, 0.34 inch thick, ductile iron pipe waterline within a 36 inch steel casing.

Use of Premises:

Operation, maintenance and repair of Improvements.

Exhibit “E”: SLE Control Master Ledger summarizes features of each Utility Project and tracks associated payments with each facility.

2. DESCRIPTION OF THE PREMISES.

City: Redlands Subdivision: San Gabriel
Address and/or Milepost Location:

Transverse crossing 15 feet east of 6th Street.

Mile Post 65.71
Approximate Area: 500 square feet; 0.011 acres
[See Attachment No. 1 – SLE: Map/Depiction of Premises] Description and Dimensions of the Premises Area: An underground potable waterline transverse crossing of SBCTA’s San Gabriel Subdivision along the east side of 6th Street, 50 feet in length and 10 feet in width.

Redlands Regular meeting of 07-16-24 513 of 2362
Exhibit “A-5”
Specific License Exhibit – Location No. 5 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 2 of 3 ends

3. TERM.

The term of this License shall commence on the date this SLE is executed.

Term (check one):
( X ) Α. Month-to-Month
( ) B. Until End Date: ________ (subject to termination pursuant to the terms of the SLE – see especially Standard Master License Agreement Provisions).

4. PARTIES.

The Utility Project will be performed or constructed by the Licensee. The Licensee representative or other person responsible for the Utility Project can be contacted at:

Name: Goutam K. Dobey
Address: 35 Cajon Street, Suite 15A, Redlands, CA 92373 Phone Number: (909) 798-7584 Ext. 2
Email Address: [email protected]

5. ADMINISTRATION FEE.

Licensee shall pay Licensor an Administration Fee of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) for Licensor’s costs for processing this SLE as set forth in Section

6. ANNUAL USE FEE.

7. ADDITIONAL USE FEE.

Redlands Regular meeting of 07-16-24 514 of 2362
Exhibit “A-5”
Specific License Exhibit – Location No. 5 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 3 of 3 ends

8. INDEMNITY AND INSURANCE REQUIREMENTS.

IN WITNESS WHEREOF, the Licensee acknowledges that it understands and agrees to all of the above terms in this Specific License Exhibit on the day and year first above written.

CITY OF REDLANDS
By:

Name:

Title:

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY
By:

Name:

Title:

Date:

Redlands Regular meeting of 07-16-24 515 of 2362
Redlands Regular meeting of 07-16-24 516 of 2362
Exhibit “A-6”
Specific License Exhibit – Location No. 6 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 2

Page 1 of 3 ends

SBCTA Contract No. 23-1002930

SPECIFIC LICENSE EXHIBIT TO MASTER LICENSE AGREEMENT
This Specific License Exhibit (“SLE”) to Master License Agreement is entered into this _____ day of _______________, 2024, by and between the San Bernardino County Transportation Authority (“SBCTA” or “Licensor”) and CITY OF REDLANDS (“Licensee”), pursuant to the provisions of the Master License Agreement dated November 21, 2023, which is incorporated herein by reference, and all terms and definitions contained in the Master Agreement shall apply to this SLE.

1. DESCRIPTION OF UTILITY PROJECT AND USE.

Description of Improvements, Utility and/or Appurtenances:

Two (2) 8-inch, 0.25 inch thick, ductile iron pipe waterline within a 16 inch steel casing.

Use of Premises:

Operation, maintenance and repair of Improvements.

Exhibit “E”: SLE Control Master Ledger summarizes features of each Utility Project and tracks associated payments with each facility.

2. DESCRIPTION OF THE PREMISES.

City: Redlands Subdivision: San Gabriel
Address and/or Milepost Location:

Transverse crossings 25 feet west and 27 feet west of University Street.

Mile Post 66.48
Approximate Area: 2,000 square feet; 0.046 acres
[See Attachment No. 1 – SLE: Map/Depiction of Premises] Description and Dimensions of the Premises Area:

Two underground potable waterline transverse crossing of SBCTA’s San Gabriel Subdivision along the west side of University Street, 100 feet in length and 10 feet in width.

This SLE supersedes the following agreements:

Agreement/Contract Number RRND007389, License Agreement between Atchison, Topeka and Santa Fe Railway Company (SBCTA's predecessor in interest) and the City of Redlands, dated March 19, 1964.

Redlands Regular meeting of 07-16-24 517 of 2362
Exhibit “A-6”
Specific License Exhibit – Location No. 6 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 2

Page 2 of 3 ends

dated March 19, 1964.

Agreement/Contract Number RRND007748, License Agreement between SANBAG (SBCTA's predecessor in interest) and the City of Redlands, dated September 1, 2009.

3. TERM.

The term of this License shall commence on the “Commencement Date”.

Term (check one):
( X ) Α. Month-to-Month
( ) B. Until End Date: ________ (subject to termination pursuant to the terms of the SLE – see especially Standard Master License Agreement Provisions).

4. PARTIES.

The Utility Project will be performed or constructed by the Licensee. The Licensee representative or other person responsible for the Utility Project can be contacted at:

Name: Goutam K. Dobey
Address: 35 Cajon Street, Suite 15A, Redlands, CA 92373 Phone Number: (909) 798-7584 Ext. 2
Email Address: [email protected]

5. ADMINISTRATION FEE.

Licensee shall pay Licensor an Administration Fee of ZERO DOLLARS ($0.00) for Licensor’s costs for processing this SLE as set forth in Section 3.1.1 of the MLA. This payment shall be made within five (5) days of execution of this SLE, and then annually in advance prior to each anniversary of the execution of the SLE for as long as this SLE is in effect. The Administration Fee, at the sole discretion of the Licensor, may be revised to reflect the Licensor’s annual costs of administering this SLE as those costs may change over time as set forth in Section 3 of the MLA. The annual Administration Fee identified herein may be further subject to a discounted rate based on number of Utility Projects under the MLA as further described in Exhibit “E”:

SLE Control Master Ledger enumerating all Utility Projects under the MLA.

6. ANNUAL USE FEE.

7. ADDITIONAL USE FEE.

Pursuant to Section 3.1.4 of the Standard Master License Provisions, an Additional Use Fee Redlands Regular meeting of 07-16-24 518 of 2362
Exhibit “A-6”
Specific License Exhibit – Location No. 6 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 2

Page 3 of 3 ends

8. INDEMNITY AND INSURANCE REQUIREMENTS.

IN WITNESS WHEREOF, the Licensee acknowledges that it understands and agrees to all of the above terms in this Specific License Exhibit on the day and year first above written.

CITY OF REDLANDS
By:

Name:

Title:

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY
By:

Name:

Title:

Date:

Redlands Regular meeting of 07-16-24 519 of 2362
Redlands Regular meeting of 07-16-24 520 of 2362
Exhibit “A-7”
Specific License Exhibit – Location No. 7 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 1 of 3 ends

SBCTA Contract No. 23-1002930

1. DESCRIPTION OF UTILITY PROJECT AND USE.

Description of Improvements, Utility and/or Appurtenances:

One (1) 66-inch, reinforced concrete pipe storm drain.

One (1) 12-inch, ductile iron pipe waterline within a 24-inch steel casing.

Use of Premises:

Operation, maintenance and repair of Improvements.

Exhibit “E”: SLE Control Master Ledger summarizes features of each Utility Project and tracks associated payments with each facility.

2. DESCRIPTION OF THE PREMISES.

City: Redlands Subdivision: San Gabriel
Address and/or Milepost Location:

Transverse crossing east of Texas Street (storm drain) and transverse crossing west of Texas Street (waterline).

Mile Post 65.07
Approximate Area: 2,000 square feet; 0.046 acres
[See Attachment No. 1 – SLE: Map/Depiction of Premises] Description and Dimensions of the Premises Area:

An underground storm drain transverse crossing of SBCTA’s San Gabriel Subdivision along the east side of Texas Street, 100 feet in length and 10 feet in width.

An underground waterline transverse crossing of SBCTA’s San Gabriel Subdivision 23 feet west of the centerline of Texas Street, 100 feet in length and 10 feet in width.

Redlands Regular meeting of 07-16-24 521 of 2362
Exhibit “A-7”
Specific License Exhibit – Location No. 7 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 2 of 3 ends

This SLE supersedes the following agreement: Agreement/Contract Number RRND007647, License Agreement between SANBAG (SBCTA's predecessor in interest) and the City of Redlands, dated November 8, 2008.

3. TERM.

The term of this License shall commence on the date this SLE is executed.

Term (check one):
( X ) Α. Month-to-Month
( ) B. Until End Date: ________ (subject to termination pursuant to the terms of the SLE – see especially Standard Master License Agreement Provisions).

4. PARTIES.

The Utility Project will be performed or constructed by the Licensee. The Licensee representative or other person responsible for the Utility Project can be contacted at:

Name: Goutam K. Dobey
Address: 35 Cajon Street, Suite 15A, Redlands, CA 92373 Phone Number: (909) 798-7584 Ext. 2
Email Address: [email protected]

5. ADMINISTRATION FEE.

6. ANNUAL USE FEE.

7. ADDITIONAL USE FEE.

Pursuant to Section 3.1.4 of the Standard Master License Provisions, an Additional Use Fee Redlands Regular meeting of 07-16-24 522 of 2362
Exhibit “A-7”
Specific License Exhibit – Location No. 7 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 3 of 3 ends

for the Utility Project in the amount of ZERO DOLLARS ($0.00) shall be due and payable upon execution of the SLE by Licensee.

8. INDEMNITY AND INSURANCE REQUIREMENTS.

IN WITNESS WHEREOF, the Licensee acknowledges that it understands and agrees to all of the above terms in this Specific License Exhibit on the day and year first above written.

CITY OF REDLANDS
By:

Name:

Title:

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY
By:

Name:

Title:

Date:

Redlands Regular meeting of 07-16-24 523 of 2362
Redlands Regular meeting of 07-16-24 524 of 2362
Exhibit “A-8”
Specific License Exhibit – Location No. 8 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 1 of 4 ends

SBCTA Contract No. 23-1002930

1. DESCRIPTION OF UTILITY PROJECT AND USE.

Description of Improvements, Utility and/or Appurtenances:

One (1) 12-inch, CML&C potable waterline in steel casing.

One (1) 12-inch, ductile iron pipe recycled waterline.

Two (2) 12-inch and one (1) 6-inch polyvinyl chloride sewer lines all within a concrete encasement.

Use of Premises:

Operation, maintenance and repair of Improvements.

Exhibit “E”: SLE Control Master Ledger summarizes features of each Utility Project and tracks associated payments with each facility.

2. DESCRIPTION OF THE PREMISES.

City: Redlands Subdivision: San Gabriel
Address and/or Milepost Location:

Transverse crossings 22 feet (potable waterline), 30 feet (recycled water) and 31.25 feet (sewer) east of Mountain View Avenue.

Mile Post 61.87
Approximate Area: 3,900 square feet; 0.090 acres
[See Attachment No. 1 – SLE: Map/Depiction of Premises] Redlands Regular meeting of 07-16-24 525 of 2362
Exhibit “A-8”
Specific License Exhibit – Location No. 8 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 2 of 4 ends

Description and Dimensions of the Premises Area:

An underground potable waterline transverse crossing of SBCTA’s San Gabriel Subdivision 22 feet east of the centerline of Mountain View Avenue, 130 feet in length and 10 feet in width.

An underground recycled waterline transverse crossing of SBCTA’s San Gabriel Subdivision 30 feet east of the centerline of Mountain View Avenue, 130 feet in length and 10 feet in width.

An underground sewer line encasement transverse crossing of SBCTA’s San Gabriel Subdivision 31.25 feet east of the centerline of Mountain View Avenue, 130 feet in length and 10 feet in width.

This SLE supersedes the following agreement: Agreement/Contract Number 21-1002489 (RRND007647), License Agreement between SBCTA and the City of Redlands, dated July 12, 2021.

3. TERM.

The term of this License shall commence on the date this SLE is executed.

Term (check one):
( X ) Α. Month-to-Month
( ) B. Until End Date: ________ (subject to termination pursuant to the terms of the SLE – see especially Standard Master License Agreement Provisions).

4. PARTIES.

The Utility Project will be performed or constructed by the Licensee. The Licensee representative or other person responsible for the Utility Project can be contacted at:

Name: Goutam K. Dobey
Address: 35 Cajon Street, Suite 15A, Redlands, CA 92373 Phone Number: (909) 798-7584 Ext. 2
Email Address: [email protected]

5. ADMINISTRATION FEE.

Licensee shall pay Licensor an Administration Fee of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) for Licensor’s costs for processing this SLE as set forth in Section

Redlands Regular meeting of 07-16-24 526 of 2362
Exhibit “A-8”
Specific License Exhibit – Location No. 8 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 3 of 4 ends

6. ANNUAL USE FEE.

7. ADDITIONAL USE FEE.

8. INDEMNITY AND INSURANCE REQUIREMENTS.

Redlands Regular meeting of 07-16-24 527 of 2362
Exhibit “A-8”
Specific License Exhibit – Location No. 8 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 4 of 4 ends

IN WITNESS WHEREOF, the Licensee acknowledges that it understands and agrees to all of the above terms in this Specific License Exhibit on the day and year first above written.

CITY OF REDLANDS
By:

Name:

Title:

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY
By:

Name:

Title:

Date:

Redlands Regular meeting of 07-16-24 528 of 2362
Redlands Regular meeting of 07-16-24 529 of 2362
Exhibit “A-9”
Specific License Exhibit – Location No. 9 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 1 of 3 ends

SBCTA Contract No. 23-1002930

1. DESCRIPTION OF UTILITY PROJECT AND USE.

Description of Improvements, Utility and/or Appurtenances:

One (1) 8-inch, vitrified clay pipe sewer line within an 18-inch steel casing and under an 8 inch (min.) concrete blanket.

One (1) 39-inch, reinforced concrete pipe storm drain line within a 54-inch steel casing.

One (1) 12-inch, ductile iron pipe waterline within a 24-inch steel casing Use of Premises:

Operation, maintenance and repair of Improvements.

Exhibit “E”: SLE Control Master Ledger summarizes features of each Utility Project and tracks associated payments with each facility.

2. DESCRIPTION OF THE PREMISES.

City: Redlands Subdivision: San Gabriel
Address and/or Milepost Location:

Transverse crossing 25 feet east (water), 21 feet east (storm drain), and 25 feet east (sewer) of Alabama Street.

Mile Post 64.03
Approximate Area: 1,500 square feet; 0.034 acres
[See Attachment No. 1 – SLE: Map/Depiction of Premises] Redlands Regular meeting of 07-16-24 530 of 2362
Exhibit “A-9”
Specific License Exhibit – Location No. 9 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 2 of 4 ends

Description and Dimensions of the Premises Area:

An underground sewer line transverse crossing of SBCTA’s San Gabriel Subdivision along the east side of Alabama Street, 50 feet in length and 10 feet in width.

An underground storm drain line transverse crossing of SBCTA’s San Gabriel Subdivision along the east side of Alabama Street, 50 feet in length and 10 feet in width.

An underground waterline transverse crossing of SBCTA’s San Gabriel Subdivision along the east side of Alabama Street, 50 feet in length and 10 feet in width.

This SLE supersedes the following agreements:

Agreement/Contract Number RRND007359, License Agreement between Atchison, Topeka and Santa Fe Railway Company (SBCTA's predecessor in interest) and the City of Redlands, dated October 10, 1980.

Agreement/Contract Number RRND007638, License Agreement between SANBAG (SBCTA's predecessor in interest) and the City of Redlands, dated April 1, 2007.

3. TERM.

The term of this License shall commence on the date this SLE is executed.

Term (check one):
( X ) Α. Month-to-Month
( ) B. Until End Date: ________ (subject to termination pursuant to the terms of the SLE – see especially Standard Master License Agreement Provisions).

4. PARTIES.

The Utility Project will be performed or constructed by the Licensee. The Licensee representative or other person responsible for the Utility Project can be contacted at:

Name: Goutam K. Dobey
Address: 35 Cajon Street, Suite 15A, Redlands, CA 92373 Phone Number: (909) 798-7584 Ext. 2
Email Address: [email protected]

5. ADMINISTRATION FEE.

Licensee shall pay Licensor an Administration Fee of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) for Licensor’s costs for processing this SLE as set forth in Section

Redlands Regular meeting of 07-16-24 531 of 2362
Exhibit “A-9”
Specific License Exhibit – Location No. 9 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 3 of 4 ends

6. ANNUAL USE FEE.

7. ADDITIONAL USE FEE.

8. INDEMNITY AND INSURANCE REQUIREMENTS.

Redlands Regular meeting of 07-16-24 532 of 2362
Exhibit “A-9”
Specific License Exhibit – Location No. 9 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 4 of 4 ends

IN WITNESS WHEREOF, the Licensee acknowledges that it understands and agrees to all of the above terms in this Specific License Exhibit on the day and year first above written.

CITY OF REDLANDS
By:

Name:

Title:

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY
By:

Name:

Title:

Date:

Redlands Regular meeting of 07-16-24 533 of 2362
Redlands Regular meeting of 07-16-24 534 of 2362
Exhibit “A-10”
Specific License Exhibit – Location No. 10 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 1 of 4 ends

SBCTA Contract No. 23-1002930

1. DESCRIPTION OF UTILITY PROJECT AND USE.

Description of Improvements, Utility and/or Appurtenances:

One (1) 8-inch, 0.25 inch thick, ductile iron pipe waterline within a 16-inch steel casing.

One (1) 12-inch, polyvinyl chloride pipe waterline within a 24-inch steel casing.

One (1) 8-inch, asbestos concrete waterline within a 16-inch steel casing.

Use of Premises:

Operation, maintenance and repair of Improvements.

Exhibit “E”: SLE Control Master Ledger summarizes features of each Utility Project and tracks associated payments with each facility.

2. DESCRIPTION OF THE PREMISES.

City: Redlands Subdivision: San Gabriel
Address and/or Milepost Location:

Transverse crossings, Two waterlines 16 feet west of and one waterline 25 feet east of Eureka Street.

Mile Post 65.36
Approximate Area: 1,200 square feet; 0.028 acres
[See Attachment No. 1 – SLE: Map/Depiction of Premises] Description and Dimensions of the Premises Area:

Two underground waterlines transverse crossing of SBCTA’s San Gabriel Subdivision along the west side of Eureka Street, 40 feet in length and 10 feet in width.

Redlands Regular meeting of 07-16-24 535 of 2362
Exhibit “A-10”
Specific License Exhibit – Location No. 10 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 2 of 4 ends

An underground potable waterline transverse crossing of SBCTA’s San Gabriel Subdivision along the east side of Eureka Street, 40 feet in length and 10 feet in width.

This SLE supersedes the following agreements:

Agreement/Contract Number RRND007392, License Agreement between Atchison, Topeka and Santa Fe Railway Company (SBCTA's predecessor in interest) and the City of Redlands, dated September 1, 1961.

Agreement/Contract Number RRND007603, License Agreement between SANBAG (SBCTA's predecessor in interest) and the City of Redlands, dated September 19, 1998.

3. TERM.

The term of this License shall commence on the date this SLE is executed.

Term (check one):
( X ) Α. Month-to-Month
( ) B. Until End Date: ________ (subject to termination pursuant to the terms of the SLE – see especially Standard Master License Agreement Provisions).

4. PARTIES.

The Utility Project will be performed or constructed by the Licensee. The Licensee representative or other person responsible for the Utility Project can be contacted at:

Name: Goutam K. Dobey
Address: 35 Cajon Street, Suite 15A, Redlands, CA 92373 Phone Number: (909) 798-7584 Ext. 2
Email Address: [email protected]

5. ADMINISTRATION FEE.

Licensee shall pay Licensor an Administration Fee of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) for Licensor’s costs for processing this SLE as set forth in Section

6. ANNUAL USE FEE.

Licensee shall pay Licensor an Annual Base Use Fee of ZERO DOLLARS ($0.00) as set forth herein and subsequently adjusted pursuant to Section 3.2 of the MLA. Such Annual License Fee shall be due and payable on upon Licensee’s execute of the SLE; and the Annual License Redlands Regular meeting of 07-16-24 536 of 2362
Exhibit “A-10”
Specific License Exhibit – Location No. 10 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 3 of 4 ends

Fee Payment Date as set forth in Section 3 of the MLA during each succeeding year for as long as this SLE is in effect. The Annual License Fee, at the sole discretion of the Licensor, may be revised as set forth in Section 3 of the MLA.

7. ADDITIONAL USE FEE.

8. INDEMNITY AND INSURANCE REQUIREMENTS.

Redlands Regular meeting of 07-16-24 537 of 2362
Exhibit “A-10”
Specific License Exhibit – Location No. 10 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 4 of 4 ends

IN WITNESS WHEREOF, the Licensee acknowledges that it understands and agrees to all of the above terms in this Specific License Exhibit on the day and year first above written.

CITY OF REDLANDS
By:

Name:

Title:

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY
By:

Name:

Title:

Date:

Redlands Regular meeting of 07-16-24 538 of 2362
Redlands Regular meeting of 07-16-24 539 of 2362
Exhibit “A-11”
Specific License Exhibit – Location No. 11 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 1 of 3 ends

SBCTA Contract No. 23-1002930

1. DESCRIPTION OF UTILITY PROJECT AND USE.

Description of Improvements, Utility and/or Appurtenances:

One (1) 12-inch, 0.28 inch thick, ductile iron pipe waterline within a 24 inch steel casing.

Use of Premises:

Operation, maintenance and repair of Improvements.

Exhibit “E”: SLE Control Master Ledger summarizes features of each Utility Project and tracks associated payments with each facility.

2. DESCRIPTION OF THE PREMISES.

City: Redlands Subdivision: San Gabriel
Address and/or Milepost Location:

Transverse crossing 22 feet east of Orange Street.

Mile Post 65.58
Approximate Area: 500 square feet; 0.011 acres
[See Attachment No. 1 – SLE: Map/Depiction of Premises] Description and Dimensions of the Premises Area: An underground potable waterline transverse crossing of SBCTA’s San Gabriel Subdivision along the east side of Orange Street, 50 feet in length and 10 feet in width.

Redlands Regular meeting of 07-16-24 540 of 2362
Exhibit “A-11”
Specific License Exhibit – Location No. 11 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 2 of 3 ends

3. TERM.

The term of this License shall commence on the date this SLE is executed.

Term (check one):
( X ) Α. Month-to-Month
( ) B. Until End Date: ________ (subject to termination pursuant to the terms of the SLE – see especially Standard Master License Agreement Provisions).

4. PARTIES.

The Utility Project will be performed or constructed by the Licensee. The Licensee representative or other person responsible for the Utility Project can be contacted at:

Name: Goutam K. Dobey
Address: 35 Cajon Street, Suite 15A, Redlands, CA 92373 Phone Number: (909) 798-7584 Ext. 2
Email Address: [email protected]

5. ADMINISTRATION FEE.

Licensee shall pay Licensor an Administration Fee of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) for Licensor’s costs for processing this SLE as set forth in Section

6. ANNUAL USE FEE.

7. ADDITIONAL USE FEE.

Redlands Regular meeting of 07-16-24 541 of 2362
Exhibit “A-11”
Specific License Exhibit – Location No. 11 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 1

Page 3 of 3 ends

8. INDEMNITY AND INSURANCE REQUIREMENTS.

IN WITNESS WHEREOF, the Licensee acknowledges that it understands and agrees to all of the above terms in this Specific License Exhibit on the day and year first above written.

CITY OF REDLANDS
By:

Name:

Title:

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY
By:

Name:

Title:

Date:

Redlands Regular meeting of 07-16-24 542 of 2362
Redlands Regular meeting of 07-16-24 543 of 2362
Exhibit “A-12”
Specific License Exhibit – Location No. 12 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 2

Page 1 of 3 ends

SBCTA Contract No. 23-1002930

1. DESCRIPTION OF UTILITY PROJECT AND USE.

Description of Improvements, Utility and/or Appurtenances:

One (1) 8-inch, 0.25 inch thick, ductile iron pipe waterline within a 16 inch steel casing.

Use of Premises:

Operation, maintenance and repair of Improvements.

Exhibit “E”: SLE Control Master Ledger summarizes features of each Utility Project and tracks associated payments with each facility.

2. DESCRIPTION OF THE PREMISES.

City: Redlands Subdivision: San Gabriel
Address and/or Milepost Location:

Transverse crossing 8 feet east of 7th Street.

Mile Post 65.36
Approximate Area: 500 square feet; 0.011 acres
[See Attachment No. 1 – SLE: Map/Depiction of Premises] Description and Dimensions of the Premises Area: An underground potable waterline transverse crossing of SBCTA’s San Gabriel Subdivision along the east side of 7th Street, 50 feet in length and 10 feet in width.

3. TERM.

The term of this License shall commence on the “Commencement Date”.

Term (check one):

Redlands Regular meeting of 07-16-24 544 of 2362
Exhibit “A-12”
Specific License Exhibit – Location No. 12 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 2

Page 2 of 3 ends

( X ) Α. Month-to-Month
( ) B. Until End Date: ________ (subject to termination pursuant to the terms of the SLE – see especially Standard Master License Agreement Provisions).

4. PARTIES.

The Utility Project will be performed or constructed by the Licensee. The Licensee representative or other person responsible for the Utility Project can be contacted at:

Name: Goutam K. Dobey
Address: 35 Cajon Street, Suite 15A, Redlands, CA 92373 Phone Number: (909) 798-7584 Ext. 2
Email Address: [email protected]

5. ADMINISTRATION FEE.

Licensee shall pay Licensor an Administration Fee of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) for Licensor’s costs for processing this SLE as set forth in Section

6. ANNUAL USE FEE.

7. ADDITIONAL USE FEE.

8. INDEMNITY AND INSURANCE REQUIREMENTS.

Licensee shall fully comply with all terms and obligations contained within the MLA, which are incorporated herein by this reference, including payment of prevailing wages if applicable, as well as all insurance and indemnity requirements. However, if SBCTA allows, in its sole discretion, Licensee to obtain insurance varying from the requirements set forth in the MLA, Redlands Regular meeting of 07-16-24 545 of 2362
Exhibit “A-12”
Specific License Exhibit – Location No. 12 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 2

Page 3 of 3 ends

which requirements shall be attached hereto in Attachment No. 2 – SLE: Varying Insurance Requirements and incorporated herein by reference. Such varying insurance shall be subject to the requirements set forth in Section 9 of the MLA.

IN WITNESS WHEREOF, the Licensee acknowledges that it understands and agrees to all of the above terms in this Specific License Exhibit on the day and year first above written.

CITY OF REDLANDS
By:

Name:

Title:

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY
By:

Name:

Title:

Date:

Redlands Regular meeting of 07-16-24 546 of 2362
Redlands Regular meeting of 07-16-24 547 of 2362
Exhibit “A-13”
Specific License Exhibit – Location No. 13 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 2

Page 1 of 3 ends

SBCTA Contract No. 23-1002930

1. DESCRIPTION OF UTILITY PROJECT AND USE.

Description of Improvements, Utility and/or Appurtenances:

One (1) 8-inch, vitrified clay pipe sewer line within an 18-inch steel casing and under an 8 inch (min.) concrete blanket.

One (1) 8-inch, 0.25 inch thick, ductile iron pipe waterline within a 16-inch steel casing.

One (1) 60-inch, reinforced concrete pipe storm drain.

Use of Premises:

Operation, maintenance and repair of Improvements.

Exhibit “E”: SLE Control Master Ledger summarizes features of each Utility Project and tracks associated payments with each facility.

2. DESCRIPTION OF THE PREMISES.

City: Redlands Subdivision: San Gabriel
Address and/or Milepost Location:

Transverse crossing along centerline (sewer), 9 feet east (water), and 18 feet east (storm drain), of 9th Street.

Mile Post 65.89
Approximate Area: 1,500 square feet; 0.034 acres
[See Attachment No. 1 – SLE: Map/Depiction of Premises] Description and Dimensions of the Premises Area: An underground sewer line transverse crossing of SBCTA’s San Gabriel Subdivision along the centerline of 9th Street, 50 feet in length and 10 feet in width.

Redlands Regular meeting of 07-16-24 548 of 2362
Exhibit “A-13”
Specific License Exhibit – Location No. 13 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 2

Page 2 of 3 ends

An underground waterline transverse crossing of SBCTA’s San Gabriel Subdivision east of centerline of 9th Street, 50 feet in length and 10 feet in width.

An underground storm drain transverse crossing of SBCTA’s San Gabriel Subdivision east of centerline of 9th Street, 50 feet in length and 10 feet in width.

3. TERM.

The term of this License shall commence on the “Commencement Date”.

Term (check one):
( X ) Α. Month-to-Month
( ) B. Until End Date: ________ (subject to termination pursuant to the terms of the SLE – see especially Standard Master License Agreement Provisions).

4. PARTIES.

The Utility Project will be performed or constructed by the Licensee. The Licensee representative or other person responsible for the Utility Project can be contacted at:

Name: Goutam K. Dobey
Address: 35 Cajon Street, Suite 15A, Redlands, CA 92373 Phone Number: (909) 798-7584 Ext. 2
Email Address: [email protected]

5. ADMINISTRATION FEE.

Licensee shall pay Licensor an Administration Fee of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) for Licensor’s costs for processing this SLE as set forth in Section

6. ANNUAL USE FEE.

Redlands Regular meeting of 07-16-24 549 of 2362
Exhibit “A-13”
Specific License Exhibit – Location No. 13 SBCTA Contract No. 23-1002930 City of Redlands Amendment No. 2

Page 3 of 3 ends

7. ADDITIONAL USE FEE.

8. INDEMNITY AND INSURANCE REQUIREMENTS.

IN WITNESS WHEREOF, the Licensee acknowledges that it understands and agrees to all of the above terms in this Specific License Exhibit on the day and year first above written.

CITY OF REDLANDS
By:

Name:

Title:

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY
By:

Name:

Title:

Date:

Redlands Regular meeting of 07-16-24 550 of 2362
Redlands Regular meeting of 07-16-24 551 of 2362
Master License Agreement SBCTA Contract No: 23-1002930
City of Redlands 5 Amendment No. 1
Attachment 3
Exhibit E
Control Master Ledger
Redlands Regular meeting of 07-16-24 552 of 2362
Exhibit “E”
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands Amendment No. 1

CITY OF REDLANDS
MLA LICENSE AGREEMENT # 23-1002930

CONTROL MASTER LEDGER
Utility
Project/
Location
No.

SUPERCEDED

CONTRACT
NO.

Description
of Facility Facility Type CITY

NEAREST

STREET SUBDIVISION
Original/SCRRA

MILE POST

DIMENSIONS &
AREA
ANNUAL
ADMIN
FEE**

ANNUAL USE
FEE*/

COMMENCE
1 RRND007394 Potable
Waterline
8” 10 Gauge DIP Redlands University St
to Judson St
Redlands 9.76 to 10.40 3,240’ (L) x 10’
(W)
32,400 sq. ft.
$1,200 */
11/21/2023
2 RRND007369
RRND007350
Non- Potable
Water
Non-Potable
Water
Sewer
12” DIP waterline in
24” steel casing
12” AC waterline in 20”
steel casing
12” VCP sewer line in
24” steel casing
Redlands California St San Gabriel 63.02 50’ (L) x 10’ (W) 50’ (L) x 10’ (W)
50’ (L) x 10’ (W)
1,500 sq. ft.
$840 */
SLE execution
3 RRND007747
15-1001305
21-1002608
RRND007352
RRND007390
Recycled
Water
Sewer
Water
8” DIP waterline in 18”
steel casing
24” VCP sewer line in
48” steel casing
16” steel waterline in
24” steel casing
Redlands New York St San Gabriel 64.82 100’ (L) x 10’ (W) 340’ (L) x 10” (W)
102’ (L) x 10’ (W)
2,360 sq. ft.
$840 */
SLE execution
4 RRND007738
15-1001186
21-1002511
RRND007388
Storm Drain
Water
36” RCP storm drain in
60” steel casing &
18” RCP lateral
collection lines
12” AC waterline in 20”
steel casing
Redlands Colton Ave San Gabriel 64.21 7,150 sq. ft.
50’ (L) x 10’ (W)
7,650 sq. ft.
$840 */
SLE execution
5 RRND007740
15-1001267
21-1002587
Water 16” DIP waterline in
36” steel casing
Redlands 6th St San Gabriel 65.71 50’ (L) x 10’ (W)
500 sq. ft.
$840 */
SLE execution
6 RRND007648 Water 8” DIP waterline in 16”
steel casing
Redlands University St San Gabriel 66.48 100’ (L) x 10’ (W) 1,000 sq. ft.
n/a */
SLE execution
7 RRND007647 Storm Drain
Water
66” RCP storm drain
12” DIP waterline in
24” steel casing
Redlands Texas St San Gabriel 65.07 100’ (L) x 10’ (W)
1,000 sq. ft.
$840 */
SLE execution
Redlands Regular meeting of 07-16-24 553 of 2362
Exhibit “E”
Master License Agreement SBCTA Contract No. 23-1002930
City of Redlands Amendment No. 1
Notes:
* Annual Use Fees are exempt for this Master License pursuant to Policy 31602 IX.C.8 due to the licensee being an incorporated city within San Bernardino County.
** Administrative Fees by location is for illustrative purposes only and not specific to specific individual locations but rather based upon the total number of locations. Base Admin Fee is established by SBCTA Resolution 14-027 at $1,200 per location and a discount is provided for Master License Agreement Administrative Fees based upon the total number of locations per SBCTA Resolution 20-051. 8 21-1002489
RRND007806
Non-Potable
Water
Recycled
Water
Sewer
12” CML&C waterline
in steel casing
12” DIP waterline
2 – 12” PVC and 1 – 6”
PVC sewer lines in
concrete encasement
San
Bernardino/
Redlands
Mountain
View
San Gabriel 61.87 130’ (L) x 10’ (W)
130’ (L) x 10’ (W)
130’ (L) x 10’ (W)
3,900 sq. ft.
$840 */
SLE execution
9 RRND007359
RRND007638
Sewer
Storm Drain
Water
8” VCP sewer line in
18” steel casing
39” RCP storm drain in
54” steel casing
12” DIP waterline in
24” steel casing
Redlands Alabama St San Gabriel 64.03 50’ (L) x 10’ (W) 50’ (L) x 10’ (W)
50’ (L) x 10’ (W)
1,500 sq. ft.
$840 */
SLE execution
10 RRND007603
RRND007392
Water
Water
Water
8” DIP waterline in 16”
steel casing
12” PVC waterline in
24” steel casing
8” AC waterline in 16”
steel casing
Redlands Eureka St San Gabriel 65.36 40’ (L) x 10’ (W)
40’ (L) x 22’ (W)
1,280 sq. ft.
$840 */
SLE execution
11 Water 12” DIP waterline in
24” steel casing
Redlands Orange St San Gabriel 65.58 50’ (L) x 10’ (W)
500 sq. ft.
$840 */
SLE execution
12 Water 8” DIP waterline in 16”
steel casing
Redlands 7th St San Gabriel 65.77 50’ (L) x 10’ (W)
500 sq. ft.
$840 */
SLE execution
13 Sewer
Water
Storm Drain
8” VCP sewer line in
18” steel casing
8” DIP waterline in 16”
steel casing
60” RCP storm drain
Redlands 9th St San Gabriel 65.89 50’ (L) x 10’ (W)
50’ (L) x 10’ (W)
50’ (L) x 10’ (W)
1,500 sq. ft.
$840 */
SLE execution
GRAND TOTAL $10,440 $0
Redlands Regular meeting of 07-16-24 554 of 2362
SBCTA Contract No. 23-1002930

MASTER LICENSE AGREEMENT

BETWEEN
SBCTA
AND
· CITY OF REDLANDS
Redlands Regular meeting of 07-16-24 555 of 2362

MASTER LICENSE AGREEMENT
This MASTER LICENSE AGREEMENT ("MLA" or "License") is made and entered into as of the date executed by SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a county transportation authority pursuant to Public Utility Code §§ 130800 et seq. ("SBCTA") and, CITY OF REDLANDS (" Licensee"), upon and in consideration of the agreements, covenants, terms and conditions be low.

PART I - BASIC MASTER LICENSE PROVISIONS
The Basic Master License Prov isions prov ided in Part I and the Standard Master License Provisions set forth in Part II of this M LA, together with all Exhibits and Attachments referenced are incorporated into and made part of this MLA. In the event of conflict between Part I, individual SLEs, and Part II, or between Part I and any Exhibits or Attachments, Part I shall control. In the event of conflict between Part II and any Exhibits or Attachments, Part II shall contro l, except in the event of a conflict between Part II and Exhibit "D" , in which case Exhibit "D" shall control.

In the event of conflict between Exhibit "A", which is inclusive of each individual Specifi c License Exhibit, and Exhibit "E", Exhibit "A" sha ll control.

I . Parties
SBCTA's Address:
1170 West 3rd Street, 2nd Floor
San Bernardino, CA 92410-1715
Attn : Transit and Rail Programs
909-884-8276
Licensee 's Address:

CITY OF REDLAN DS
Municipal Utilities and Engineering Department
35 Cajon Street, Suite I SA
Redlands, CA 923 73
Point of Contact: Gerardo Nepomuceno
Telephone: 909-798-7584 extension 4
Emai I: [email protected] lands.org
Master License Agreement
City of Redlands
SBCT A Contrac t No. 23-1002930
Redlands Regular meeting of 07-16-24 556 of 2362

2. Recitals

2. 1 SBCTA. SBCTA is the owner in fee of certain properties located throughout San Bernardino County.

2.2 Licensee. LICENSEE wishes to enter certain of the properties owned by SBCTA in order to do the following: (I) maintain existing utilities and appurtenant faci lities in, on, over, under or across such properties; and/or (2) install and mainta in new utilities and appurtenant facilities in, on, over, under or across such properti es.

2.3 Scope of License. The MLA w ill serve as an agreement permitting the LICENSEE to maintain existing utilities and appurtenant faci lities and to install and maintain new utilities and appurtenant facilities and are pre liminarily approved by SBCTA. A Specific License Exhibit ("SLE") has been developed and attached to this Master License Agreement, substantially in the form of Exhibit "A" attached hereto . Each SLE shal l be subject to the terms of this Master License Agreement and shall become a part hereof. Each SLE shall be executed by the Licensee . No SLE provision shall be revised without the SBCTA's written permission, which shall be granted at the SBCTA 's so le discretion. Each SLE shall be accompanied by the following attachments: Attachment No. l - Map, or Depiction of the Premises and Improvements, and Attachment No. 2 - Varying Insurance Requirements, if applicable, that may exceed or complement standard insurance provisions. SBCTA reserves the right to reject any proposed utility and appurtenant facilities in its so le and absolute discretion, or to request changes thereto prior to acceptance .

2.4 Consideration. This Master License Agreement is made in consideration of the terms, conditions and mutual covenants here in, the sufficiency of which are hereby acknowledged.

IN WITNESS WHEREOF, this License was duly executed by the LICENSEE and SBCTA on the dates be low, and is effective as the date executed by SBCTA.

LICENSEE:

CITY OF REDLAN DS
By:

Name:

Title Mayor
Date:

ATTEST:

Master License Agreement
City of Redlands
SBCTA
By:

Name:

Title : President, Board of Directors
Date :

SBCTA Contract No. 23-1 002930
II
Redlands Regular meeting of 07-16-24 557 of 2362

PART II- STANDARD MASTER LICENSE PROVISIONS

TABLE OF CONTENTS
Section
I. GRANT AN D SCOPE OF LICENSE ......................................................... ........ ..... ............. I

2. TERM, TERMfNATION AND SURRENDER ..... ........ .. ........................ ................. ............ 2

3. PAYMENTS .................... ............................ ............... ... ............................ ........................... 4

4. TAXES ........ ........... ... ............................... ... ...... .. ... ...... .... .............. .......... ... .......................... 5

5. LIENS ......... ... ........ .. ........................... .. .. ... .. ...... .. ....... ............... .. ................ .................. ........ 5

6. ASSU MPTION OF RISK AND WA IVER ...... ... .......... ........... ........... ... ...................... ......... 6

7. DEFAULT, BREACH AN D REMEDIES ....... ........ .. ....................... .. ........ ...... .................... 7

8. fNDEMN IFICATION ... .................. .. ..................... ............. .. ............. ... ... .. ............. .......... .... 8

9. fN SU RANCE ........ .... .................... .. ....... ..... ... .................. ...................... .. ... ......... .. .. ............. 9

10. MAINTENANCE A D REPAIR ........................ ... .. .. ............. ..... ....... ..... .. .............. .... ...... 10 11 . ALTERATIONS AN D CONSTRUCTION ........... .. .. .. .. .... .. ..................... ............ ... ..... .. ... . 10

12. CONTRACTORS; APPROVAL AND INSURANCE ..... ..................... .... .. .... .. ... ........ ... ... 11

13. REIMBURSEMENT ...................................... .............. ....... ... ..... ... ................. ...... .............. 11

14. LANDSCAPfNG .................................... .. .................... ..... .. ......... ...... .......................... ....... 11

15. MARKERS .... ..... ...... .......... .................................. .......................... .... .... .......... ....... ............ 11

16. COMPLIANCE WITH LAWS .. .... ........... ............. ............. ........... ...... ............... .. ........... .. . I 2

17. SBCTA' S RIGHT OF ACCESS ....................... ............................. ........ .. ... .. .. ........ ............ 12

18. ENVIRONMENTAL ASSESSMENT ..................................................... .... ................ ....... 13

19. HAZARDOUS/TOX IC MATERIAL USE AN D IN DEMN ITY ....... .................. .............. 13

20. UN DERGROUND STORAGE TANKS .......... ............................... ... ................................ 14 2 1. CON DEMNATION ......... ..................... ...... ........ .............. ....... ................... .................. ...... 14

22. BROKER' S FEES ............ ................................................ ... ........ ... ..... ....................... ... ...... 14 23 . SUBORDfN ATE RIGHTS .................. ...... ................... ..... ......... ........ ... ... .. ........ ...... .......... 14

24. ABANDO MENT ... .... ............................. .............. ...... ... .. ................... .... ...................... .... 15

25. GENERA L PROVISIONS .... ............................. ............................ ........... .......... ..... ..... .... .. 15 Exhibits:

Exhibit "A" Spec ific License Exhib it - "SLE"
Attachment No. I - SLE: Map/Depiction of Premises
Attachment No. 2 - SLE: Varying Insurance Requirements
Exhibit "B" Insurance Requirements
Exhibit "C" Permitted Hazardous Materia l
Exhibit "D" Additiona l Requirements
Exhibit "E" Contro l Master Ledger
Master License Agreement
City of Redlands Il l
SBCT A Contract No . 23-1 002930
Redlands Regular meeting of 07-16-24 558 of 2362

PART II-STANDARD MASTER LICENSE PROVISIONS

1. GRANT AND SCOPE OF LICENSE
I.I.

1.2. 1.3.

1.4. 1.5.

Grant of License. SBCT A hereby grants a non-exclusive, revocable license to LICENSEE in, on, over, under, across and along the real property of SBCT A in the location described in the Specific License Exhibit ("SLE"). The locations described in each SLE, the (" Premises"), are permitted fo r construction, installation, operation, alteration, maintenance, reconstruction and/or removal of the Improvements described in SLE, and any usual and necessary related appurtenances thereto (the " Improvements"), for the purposes described in the SLE, together with rights for access and entry onto the Premises as necessary or convenient for the use of the Improvements and fo r no other purpose. In connection with this grant of license, LICENSEE, its employees, agents, customers, visitors, invitees, licensees, consultants and contractors (collecti ve ly, " LICENSEE's Parties") subj ect to the provisions hereof, may have reasonable rights of entry and access onto adjoining real property of SBCTA if necessary for the use of the Improvements or the Premises, with the time and manner of such entry and access to be subj ect to SBCTA's prior written approval. The Premises, adjoining rea l property of SBCTA and personal property of SBCTA located thereon shall hereinafter collectively be referred to as "SBCTA Property." Notwithstanding the foregoing grant of license, a Right of Entry Permit is required in each instance where an activity requires Railroad Protective Liability in SBCTA's so le discretion.

Condition of Premises. LICENSEE acknowledges that it has inspected the Premises in its present condition, including without limitation, all existing environmental conditions. LICENSEE accepts the Premises "as is" as su itable for the purpose for which the Premises are licensed and assumes all risk with respect to all present conditions of the Premises, whether patent or latent, including, without limitation, all existing environmental conditions. Taking of possession by LICENSEE shall be conclusive to establish that the Premises are in good and satisfactory condition when possession is taken .

Use. The Premises and the Improvements sha ll be used only for the purposes specified in the SLE and for such lawful purposes as may be directly incidental thereto, and no other purpose. o change shall be made by LICENSEE in the use of the Premises, the Improvements or the commodity or product being conveyed through the Improvements (if any) without SBCTA's prior written approval.
on-exc lusive and Revocable Nature of License. The License granted herein is not exclusive and SBCTA specifically reserves the right to grant other licenses within the Premises. LICENSEE agrees that notwithstanding the Improvements made by LICENSEE to the Premises or other sums expended by LICENSEE in furtherance of this License, the license granted herein is fully revocable by SBCTA in accordance with the terms of this License.

Easements. _SBCTA reserves to itse lf the right, from time to time, to grant such easements, rights and dedications that SBCTA deems necessary or desirable, and to cause the recordation of parce l maps, easement agreements and covenants, conditions Master License Agreement
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and restrictions, so long as such easements, rights, dedications, maps and covenants, conditions and restrictions do not unreasonably interfere with the permitted use of the Premises by LICENSEE. LICENSEE shall sign any of the aforementioned documents upon request of SBCTA and fai lure to do so shall constitute a material breach of this License.

2. TERM, TERMINATION AND SURRENDER

2.1 . Term of License. The term of this MLA shall commence on the "Commencement Date" specified in the SLE. This MLA shall continue in full force and effect on a month-to-month basis until the termination of all SLEs assoc iated with this MLA, unless otherwise terminated earlier as provided herein. The term of this MLA as provided above is refe rred to as the "Term."

2.2. Termination.

2.2 . l. Convenience. This MLA and each SLE shall continue in full force and effect on a month-to-month basis until terminated by either Party on thirty (30) days' prior written notice. The "Termination Date" shall be 30 days from the provisions of written notice of termination as set forth below, unless a specific termination date is provided in the notice. SBCTA may terminate this MLA, or any SLE subj ect to this MLA, on thirty (30) days' prior written notice, but SBCTA shall also return to LICENSEE, within thirty (30) days after termination, the pro-rata portion of any Annual Use fee paid by the LICENSEE for the portion of the agreed term that will not be used by LICENSEE.

2.2 .2. Cause. SBCTA may terminate this MLA, or any SLE subj ect to this MLA, for cause in accordance with the provisions hereof, including, without limitation, Sections 24 (Abandonment), l (Defau lt, Breach and Remedies) and 25. l l (Assignment). In addition, SBCT A shall have the right, at LICENSEE's expense, to terminate this License in accordance with the provisions of Section

7.2. 1 upon discovery of any defau lt set forth in Section 8. l(d).

2.2 .3. Public Use. In addition to any and all other termination rights of SBCTA described herein, LICE SEE hereby expressly recognizes and agrees that the Premises are located on SBCT A property that may be developed for public proj ects and programs which may be implemented by SBCT A or other public agencies, such as, but not limited to : rail and bus transitways, bikeways, walkways, beautification projects, roadways, parking facilities, flood control and drainage facilities, and/or any other public or other governmental uses (collecti ve ly and indi vidually "Public Use"); and that LICENSEE's use of the Premises under this MLA and each SLE is a temporary, interim use as to which LICENSEE has no right to nor expectation of use fo r any particular length of time that may be terminated by SBCTA by thirty (30) days written notice to LICENSEE as set forth in Section 2.2. 1 above. Accordingly, as a condition to entering into this MLA, LICENSEE expressly acknowledges and agrees that:
(a) SBCTA may terminate this License as set forth above for any Public Use, Master License Agreement
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(b) LICENSEE shall NOT object to, oppose, or protest at any approva l proceeding, nor file suit to prevent or de lay, any Public Use when planned, proposed or impl emented on or adjacent to the Premises; (c) If SBCTA 's Executive Director, or designee, at any time, or from time to time, determines in his or her sole and absolute discretion, that there is a need for the Premises or any adjoining property for a Public Use and such Public Use requires relocation or removal of the Improvements, LICENSEE shall reconstruct, alter, modify, relocate or remove its Improvements, as directed by SBCT A or any parties having operating rights over the Premises, at LICENSEE's sole cost and expense, within thirty (30) days after written notice from SBCTA; and
(d) LICENSEE expressly assumes al l risk of any future Public Use as determined by SBCTA and in the event SBCTA terminates this License and requires LICENSEE to vacate the Premises for any Public Use, LICENSEE shall not, as a result of such termination and vacation of the Premises, be entitled to receive any:
(i) relocation assistance, moving expenses, goodwill or other payments under the Uniform Relocation Assistance and Rea l Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §460 I et seq. and/or the California Relocation Assistance Law, as amended, California Government Code §7260 et seq; and
(ii) compensation under any eminent domain or inverse condemnation law.

2.2.4. Penalty: If LICENSEE fai ls to terminate use of the Premises and/or restore the Premises as required in Item 2.3 below, on or before the Termination Date, then, in addition to any and all other remedies available to SBCT A under the terms of this MLA or at law or equity, LICENSEE shall pay a Penalty equal to twice the Annual Use Fee in effect on the day prior to the Termination Date, plus twice any Additional Use Fee, ca lculated and payable on a monthly basis, for the number of months (partia l months counting as who le months) from the Termination Date to the date that LICENSEE has terminated use and restored the Premises to the required condition. In the event that any Additiona l Use Fee is set as a percentage of revenues, or on some other variable basis, it shall be calcul ated based on the average for the prior twelve-month period or if in effect less than one year, the month ly average from the effective date to the day prior to the Termination Date .

2.3. Termination of Use and Restoration of Premises. Upon the Termination Date, unless otherwise requested in writing by SBCTA prior to the Termination Date, LICENSEE, at its own cost and expense, shal l immediately remove all alterations, additions and Improvements made by LICENSEE to the Premises and restore the SBCT A Property as nearly as possible to the same state and condition as existed prior to the construction, reconstruction or installation of said Improvements. Should LICENSEE fai l to comply with the requirements of the preceding sentence, SBCTA may at its option (i) perform the same at LICENSEE's expense (includi ng costs, interest, and fees), which LICE SEE agrees to pay to SBCTA, on demand, or (i i) assume title and ownership of said Improvements. No termination hereof shall release LICENSEE from any liability Maste r License Agreement
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or obligation hereunder, whether of indemn ity or otherwise, resulting from any acts, omissions or events happening pri or to the date the Improvements are removed and the SBCTA Property is restored.

3. PAYMENTS

3. 1. Fees. As consideration fo r the rights herein granted, LICEN SEE agrees to pay to SBCTA the Admi nistration and Use Fees specifi ed in each SLE, adjusted as set fo rth in Section 3.2.

3.2. 3. 1.1. Administration Fee. The Administration Fee set fo rth in each SLE shall be due and payable annually in advance prior to each anniversary of the Commencement Date of this MLA.

3. 1.2. Annual Use Fee. The first Annual Use Fee noted each SLE shall be due and payable upon LICE SEE's execution of sa id SLE. The Annua l Use Fee amount, as such fee may be adjusted pursuant to the prov isions of Section 3.2, sha ll be due and payabl e, without demand, annua lly in advance on or before the anniversary month of the Commencement Date of the MLA for the convenience of both Parties, without affecting the Term of this License as spec ified in Section 2. 1 of the Basic Master License Prov isions.

3. 1.3. Application Fee. LICENSEE agrees to pay a processing/application fee, per SBCTA's current policy, when appl yi ng for the installation of a new faci lity.

The Application fee shall be submitted concurrently w ith the Application Form fo r the new SLE.

3. 1.4. Additiona l Use Fee. If additiona l use fees are ind icated on an SLE, the fee noted therein sha ll be due and payable upon execution of said SLE by LICE SEE.

Use Fee Adjustment.

3.2.1. Annual CPI Adjustment. The Annua l Use Fee sha ll be increased, but not decreased, as prov ided be low on the first day of each month during which an annual ann iversary of the Commencement Date (the "Adjustment Date"). If no adjustment is made at the annual annive rsary date, an adj ustment may nevertheless be made at a subsequent date and thereafter at not less than annua l in te rvals. The adjusted Annua l Use Fee as of each Adjustment Date sha ll be the greater of the Annua l Use Fee on the day preceding that Adj ustment Date or that amount multipl ied by a fraction, the numerator of which is the latest CPI figure as of the month that is three (3) months prior to the month during which the particular Adjustment Date occurs and the denominator of which is the latest CPI fi gure as of the month that is three (3) months prior to the month containing the prior Adj ustment Date or, if there has been no prior Adjustment, three (3) months prior to the first day of the annive rsary month of the Commencement Date. As used in this section, the "CPI" means the Consumer Price Index for Urban Wage Earners and Clerical Workers, Riverside - San Bernardino - Ontario, a ll items, not seasonall y adjusted (DECEMBER 20 17 = I 00), pub I ished by the U.S. Department of Labo r, Bureau of Labor Statistics (Bureau) under the Series Id : CWURS49CSAO, or if such index is no longer published, Master License Agreement
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the U.S. Department of Labor's most comprehensive official index then in use that most nearly corresponds to the index named above. If it is ca lculated from a base different from the base period DECEMBER 20 17 = l 00, figures used for calculating the adjustment shall first be converted to the base period used under a formula supplied by the Bureau. If a comparable index shall no longer be published by the U.S. Department of Labor, another index generally recognized as authoritative shall be substituted by SBCTA.

3.2.2. Fa ir Market Adjustment. At interva ls of not less than three (3) years, the Annual Use Fee (as such fee may be adj usted by Section 3.2.1 , above) payable under this Section 3 shall be increased, but not decreased, in order to adjust the fee to the then fair market rental value of the Premises as determined by SBCTA in good faith . Such increases shall be effective as of thirty (30) days after written notice from SBCT A to LICENSEE of such adjustment, or the date specified in such written notice, whichever is later. [f no adjustment is made at any three (3) year interval, an adjustment may nevertheless be made on any subsequent da te and thereafter at intervals of not less than three (3) years apart.

3.3 . Late Charge. LICENSEE acknowledges that late payment by LICENSEE of any payment owed to SBCTA under this License will cause SBCTA to incur costs not contemplated by this License, the exact amount of such costs be ing extremely difficult and impracticabl e to determine . Therefore, if any payment due from LICENSEE is not received by SBCTA within five (5) days of when due, LICENSEE sha ll pay to SBCTA an additiona l sum of ten percent ( l 0%) of the overdue payment as a late charge, up to a maximum amount of $500 for each late payment. The Parties agree that this late charge represents a fa ir and reasonable estimate of the administrative costs that SBCT A will incur by reason of a late payment by LICENSEE. Acceptance of any late payment charge sha ll not constitute a waiver of LICENSEE's default with respect to the overdue payment, nor prevent S BCT A from exercjsing any of the other rights and remedies available to SBCTA under this License, at law or in equity. In addition, any payment not made within 15 days of when due sha ll bear interest at the rate of eighteen percent ( 18%) per annum, or the highest legally a llowable rate, whichever is lower, until paid in full.

4. TAXES
LICENSEE sha ll be liable for and agrees to pay promptly and prior to delinquency, any applicable tax or assessment, including but not limited to any possessory interest tax as descri bed in California Reven ue and Taxation Code Section I 07, levied by any governmental authority: (a) against the Improvements, the Premises and/or any
personal property, fixtures or eq uipment located on or placed on the Premises, whether owned by LICENSEE or any person or entity acting for or at the request of LICENSEE; or (b) as a result of the LICENSEE's or the Improvements' operations.

5. LIENS
LICENSEE will fully and promptly pay for all materia ls joined or affixed to the Improvements or Premises, and fully and promptly pay all persons who perform labor upon said Improvements or Premises. LICENSEE shall not suffer or permit to be filed or enforced against the Premises or the Master License Agreement
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Improvements, or any part thereof, any mechanics', materialmen's, contractors', or subcontractors' liens or stop notices arising from, or any claim for damage growing out of, any testing, investigation, maintenance, Work, acti vities, or operations of LICENSEE, or out of any other claim or demand of any kind. The term "Work" under this MLA means any construction, reconstruction, installation, restoration, alteration, repair, replacement, or remova l, other than normal maintenance. LICENSEE shall prov ide SBCTA with immediate written notice of any such liens, claims, demands, or stop notices that are placed against the Premises or the Improvements. LICEN SEE shall pay or cause to be pa id all such liens, claims or demands, including sums due with respect to stop notices, together with attorney's fees incurred by SBCTA with respect thereto, within ten (10) business days after notice thereof and shall indemnify, hold harmless and defend SBCTA from any and all such obl igations and claims, includ ing attorney's fees. LICENSEE shall furnish evidence of payment upon request of SBCTA. LICENSEE may contest any li en, claim or demand by furnishing a statutory lien bond or equi valent with respect to stop notices to SBCTA in compliance with applicable California law. If LICENSEE does not discharge any mechanic's lien or stop notice for works performed for LICENSEE, SBCTA shall have the right to discharge same (including by payi ng the claimant) and LICENSEE shall reimburse S BCT A fo r the cost of such discharge, as we ll as any associated costs and fee s, within ten ( 10) business days after billing. In such circumstances, LICENSEE shall pay an additional fee to SBCTA of twenty five percent (25%) of the costs of the discharge of the lien or stop notice in orde r to cover SBCTA 's admin istrative costs. SBCTA rese rves the right at any time to post and maintain on the Premises such notices as may be necessary to protect SBCT A against liability for all such liens and claims. The provisions of this section shall survive the termination of this MLA.

6. ASSUMPTION OF RISK AND WAIVER
To the max imum extent allowed by law, LICENSEE assumes any and all risk of loss, damage or inj ury of any kind to any person or property, including without limitation, the Improvements, the SBCTA Property and any other property of, or under the control or custody of, LICENSEE, which is on or near the Premises. LICENSEE's assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvement on the SBCTA Prope rty, accident or fire or other casualty on the SBCT A Property, and electri cal discharge, noise or vibration resulting from SBCTA's transit operations on or near the SBCTA Property. The te rm "SBCTA" as used in this section shall include: (i) any transit or rai l-related company validly operating upon or over SBCTA's tracks or other property, and (ii) any other persons or companies employed, retai ned or engaged by SBCT A. LICENSEE, on behalf of itse lf and its officers, directors, affi liates, employees, agents, independent contractors and subcontractors and anyone directly or ind irectly employed by LICENSEE or for whose acts LICE SEE is liable (coll ecti vely, "Personnel"), as a material part of the consideration for this License, hereby waives all claims and demands aga inst SBCTA for any such loss, damage or inj ury of LICENSEE and/or its Personnel.

In that connection, LICENSEE expressly waives the benefit of California Civil Code Section 1542, which provides as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor.

The prov isions of this section shall survive the termination of this License.

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7. DEFAULT, BREACH AND REMEDIES

7.1. Licensee Default. LICENSEE shall be deemed to have breached and be in default under this License when any of the following occurs:
(a) LICENSEE shall fail to make any payment or any reimbursement to SBCTA required here in when due;
(b) LICENSEE shall vacate all or a substantial portion of the Premises, whether or not LICENSEE is in default of the payment or other charges due under this License; (c) LICENSEE shall fail to comply with any other term, provision or covenant of this License, and sha ll not cure such failure within thirty (30) days after written notice thereof to LICENSEE; or
(d) LICENSEE shall create or maintain, or allow any other person or entity to create or maintain, any public nuisance or any condition that fails to comply with any app licable federal , state, SBCTA or rail operator specifications or safety regulations or that presents a danger to public safety or a safety hazard to any operations, personnel, passengers or property of SBCT A or any rai l carrier operating upon the affected rail line(s) on the Premises or SBCTA's adjacent right of way.

7.2. SBCTA's Remedies.

7.2. 1. Termination. Upon the occurrence of LICENSEE's default and breach, SBCT A sha ll have the right, upon reasonable notice or demand, to terminate this License, and at any time thereafter to recover possession of the Premises or any part thereof and expe l and remove therefrom LICENSEE and any other person occupying the same, by any lawfu l means, and again repossess and enjoy the Premises without prejudice to any of the remedies that SBCTA may have under this License, at law or equity by reason of LICENSEE's default or of such termination.

7.2.2. Corrective Measures. Should LICENSEE default on, breach, or fa il to keep, observe or perform any agreement, covenant, term or condition on its part herein contained, then, in addition to any other avai lable rights and remedies, SBCTA at its option may perform any correcti ve measures deemed by SBCT A in its sole and absolute discretion to be necessary or appropriate to protect public health or safety or SBCTA's legitimate governmental or proprietary interests or the interests of its rai lroad operators, at LICENSEE's expense (including fees, costs and interest) which LICENSEE agrees to pay to SBCTA upon demand.

7.2.3. Costs. If SBCTA incurs any cost or expense occasioned by the default of LICENSEE (including but not limited to attorneys' fees and costs), then SBCTA shall be entitled to receive such costs together with interest on all funds SBCTA expends at the lesser of eighteen percent (18%) per annum or the maximum rate allowed by law, whichever is lower, including without limitation: brokers' fees incurred by SBCTA in connection with re licensing the whole or any part of the Premises; the costs of removing and storing LICENSEE's or other occupant's property; the costs of repairing, altering, Master License Agreement
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and/or otherwise restoring the Premises to a safe and suitable condition, useable and acceptable to SBCTA, rail operators and future licensees; and all reasonable expenses inc urred by SBCTA in enforcing or defending SBCTA's rights and remedies, including reasonable attorneys' fees whether or not suit is actually fil ed.

7.2.4. Remedies Cumulative. All rights, priv ileges and remedies of the parties are cumul ative and not alternati ve or exclusive to the extent permitted by law except as otherwise provi ded herein.

7.3. SBCTA Default and Licensee 's Remedi es. SBCTA shall not be in default under th is License unless SBCTA fails to perform obligations required of SBCTA within sixty (60) days after written notice is deli vered by U CENSEE to SBCTA specifying the obligation which SBCTA has fa iled to perform ; provided, howeve r, that if the nature of SBCTA's obl igation is such that more than sixty (60) days are required for performance, then SBCTA shall not be in default if SBCTA commences perfo rmance within such sixty (60) day period and thereafter diligently prosecutes the same to completion. LICENSEE's exc lusive remedies shall be an action for specific perfo rmance.

8. INDEMNIFICATION

8. 1. LICENSEE, on behalf of itse lf and its successors and assigns, agrees to indemnify, defend (by counse l satisfactory to SBCTA), and hold harmless SBCTA in all its capacities, and its members, commissioners, offi cers, directors, employees, agents, consultants, contractors, partners, affili ated entities, subsidiaries, permittees, licensees, successors and assigns (indi vidua lly and collective ly, " Indemnitees"), to the maximum extent all owed by Jaw, from and aga inst all loss, li ability, claims, demands, suits, liens, claims of lien, damages (including conseq uential damages), costs and expenses (including, without limitation, any fin es, penalties, judgments, litigation expenses, and experts' and attorneys' fees), that are incurred by or asserted against Indemnitees arising out of or connected in any manner with (i) the acts or omissions to act of the LICENSEE or its Personnel (as defined in Section 6, Assumption of Risk and Waiver) or invitees of LICE SEE in connection with the SBCTA Property or the presence upon or performance of activities by LICEN SEE or its Personnel with respect to the SBCTA Property, (ii) bodily injury to or death of any person (including employees of lndemnitees) or damage to or loss of use of property resulting from such acts or omissions of LICENSEE or its Personnel, or (iii) non-performance or breach by LICE SEE or its Personnel of any te rm or condition of this License, in each case whether occurrin g during the Term of this License or thereafter.

8.2. The LICENSEE acknowledges that any construction allowed on the Premises pursuant to th is License is not being performed for SBCTA's benefit or on SBCTA's account and that this is an agreement all owing LICENSEE and/or its contractor(s) to enter upon SBCTA's Property as an accommodati on within the meaning of Ca lifo rnia Civil Code Section 2782. 1. Therefore, the fo regoing indemnity shall be effecti ve regardless of any negli gence (whether acti ve, passive, gross, deri vati ve, sole, joint, concuning or comparative) on the part of Indemnitees, unless caused solely by the gross negli gence or wi llful misconduct of lndemn itees, and is in addition to any other rights or remedies Master License Agreement
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which lndemnitees may have under the law or under this License. Upon request of SBCTA, LICENSEE shall provide insurance coverage fo r possible claims or losses covered by the indemnification and defense provisions of this License.

8.3. Claims against the lndemnitees by LICENSEE or its Personne l shall not limit the LICE SEE's indemnification obligations hereunder in any way, whether or not such claims against Indemnitees may result in any limitation on the amount or type of damages, compensation, or benefits payable by or for LICENSEE or its Personne l under workers' compensation, disability benefits or other employee benefits laws or insurance.

8.4. The indemnification and defense obli gations of LICENSEE set forth in this section shall survive the termination of this License.

9. INSURANCE

9.1. SBCTA's Insurance. SBCTA may maintain insurance covering the Premises and SBCTA's ownership and operation thereof in such types and amounts as it deems necessary in its sole discretion. Such insurance shall be for the sole benefit of SBCT A and under its sole control. LICENSEE's insurance policies sha ll provide primary coverage to SBCT A; when any such policy iss ued to SBCTA provides duplicate coverage or is similar in coverage, SBCTA's policy wi ll be excess over LICENSEE's policies.

9.1. l. Licensee 's Insurance. LICENSEE, at its sole cost and expense, sha ll obtain and mainta in in fu ll force and effect during the Term of this License insurance as required by SBCTA in the amounts and coverages specified and issued by insurance companies as described in, and meeting a ll other requirements set forth in , Exhi bit "B". SBCTA reserves the ri ght, throughout the Term of this License, to rev iew and change the amount and type of insurance coverage it requires in connection w ith this License or any Work to be performed on the Premises. Prior to (i) entering the Premises or (ii) performing any Work or maintenance on the Premises, LICE SEE shall furnish SBCTA with insurance endorsements and/or certificates evidencing the existence, amounts and coverages of the insurance required to be maintained hereunder. SBCTA shall not be liable for the payment of any premiums or assessments fo r insurance required to be maintained by LICENSEE under this License. Self-insurance is not permitted. However, SBCTA may, in its sole and absolute discretion, permit se lf-insurance on a case by case, coverage by coverage basis where the LICENSEE has documented, to SBCTA's sole satisfaction, sufficient available assets and/or avai lab le funds and suffic ient legal security in those assets to assure SBCTA that its risk is not greater than it would have been with acceptable insurance coverage, and otherwise meeting SBCTA's se lf-insurance requirements. The privilege to se lf-insure with respect to any coverage required to be maintai ned hereunder may be granted or revoked by SBCT A at its sole and absolute discretion at any time . Upon revocation of se lf-insurance privil ege, LICENSEE sha ll immediate ly provide all required insurances.

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9.2 Increases to Insurance . If any increase in the fire and extended coverage insurance premiums paid by SBCTA is caused by LICENSEE's use and occupancy of the Premises, or if LICENSEE vacates the Premises and causes any increase in such premiums, then LICENSEE shall pay as an additional fee the amount of such increase to SBCT A, and, upon demand by SBCT A, the amount required to correct at LICENSEE's expense the cause of such disallowance, penalty or surcharge to the satisfaction of the particular insurance authority.

10. MAINTENANCE AND REPAIR
LICENSEE, at LICENSEE's so le expense, shall during the Term of this License maintain the Improvements in a first-class condition, shall maintain the Premises in a good condition, free from weeds, litter, debris, refuse or other nuisance, and shall perform all maintenance and clean-up of the Premises and the Improvements as necessary to keep the Premises and the Improvements in good order and condition to SBCTA 's sole satisfaction. If any portion of the SBCTA Property, including improvements or fixtures, suffers damage by reason of the access to or use of the Premises by LICENSEE or LICENSEE's employees, agents, customers, invitees, licensees, consultants, and contractors (collectively, " LICENSEE's Parties"), including but not limited to damage arising from any tests or investigations conducted upon the Premises, LICENSEE shall, at its own cost and expense, immediately repair all such damage and restore the SBCTA Property to as good a condition as before such cause of damage occurred. Repair of damage shall include, without limitation, re-grading and resurfacing of any holes, ditches, indentations, mounds or other inclines created by any excavation by LICENSEE or LICENSEE's Parties. LICENSEE shall not perform any maintenance on railroad tracks and facilities without express prior written approval of and direction from SBCTA or the railroads with valid operating authority over SBCTA's lines and compliance with all applicable standard s, spec ifications and safety requirements in each instance.

11. AL TERA TIO NS AND CONSTRUCTION
Except as otherwise provided here in, LICENSEE sha ll make no alterations, additions or Improvements to the Premises without obtaining the prior written consent of SBCTA in each instance. Any work performed or caused to be performed by LICENSEE on the Improvements or the Premises shall be performed: (a) at LICENSEE's sole cost and expense; (b) in accordance with any and all applicable permit requirements, laws, rules, regulations and safety requirements (including SBCTA's rul es and regulations); and (c) in a manner whi ch is (i) equal to or greater than the then applicable standards of the industry for such work, and (i i) satisfactory to SBCTA.

LICENSEE shall submit written notice and work plans to SBCT A for review and approval at least thirty (30) days prior to commencement of any work on the Premises. Any such work must be carried out pursuant to the work plans approved in writing by SBCTA and in compliance with any and all SBCTA rules, regulations and other requirements. SBCTA shall have the right at any time and from time to time to post and maintain notices of non-responsibility. Unless otherwise requested by SBCTA, upon completion of any work, LICENSEE shall restore the SBCTA Property to its condition immed iately preceding the commencement of such work.

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12. CONTRACTORS; APPROVAL AND INSURANCE
Any contractors of LICENSEE performing Work on the Improvements or the Premises shall first be approved in writing by SBCTA and acquire all required right of entry permits and authorizations from SBCTA and any rail operator utilizing affected or adjacent railroad tracks. With respect to such Work, LICENSEE shall, at its sole cost and expense, obtain and maintain in full force and effect throughout the term of such Work, insurance, as required by SBCT A, in the amounts and coverage specified on and issued by insurance companies as described in Exhibit "B" .

Additionally, LICENSEE shall cause any and all of its contractors and subcontractors which may (i) be involved with such Work, or (ii) may, for any reason, need to enter onto the Premises, to obtain and maintain in full force and effect during the Term of this License, or throughout the term of such Work (as applicable), insurance, as required by SBCTA, in the amounts and coverage specified on, and issued by insurance companies as described in Exhibit "B". SBCTA reserves the right, throughout the Term of this License, to review and change the amount and type of insurance coverage it requires in connection with this License or the Work to be performed on the Premises.

13. REIMBURSEMENT
LICENSEE agrees to reimburse SBCTA for all reasonable costs and expenses that SBCTA incurs in connection with Work on or maintenance of the Premises or the Improvements, including, but not limited to, costs incurred by SBCTA in furnishing any materials or performing any labor, reviewing LICENSEE's Work plans and inspecting any Work, installing or removing protection beneath or along SBCTA's tracks, furnishing of watchmen, flagmen and inspectors as SBCTA deems necessary and such other items or acts as SBCT A in its sole discretion deems necessary to monitor or aid in compli ance with this License, protect the safety of, and railway operations upon, its tracks and right-of-way, and to otherwise protect its interests. The costs and expenses addressed in this Section 13 shall include all costs that SBCTA incurs in complying with the work or maintenance requirements of the railroads with valid operating authority over SBCTA's lines.

14. LANDSCAPING
If required by SBCTA, then LICENSEE, at its sole cost and expense, shall install barrier landscaping to shield the Improvements from public view. SBCTA shall have the right to review and approve landscaping plans prior to installation. All landscaping activities shall be done in accordance with the provisions of Section 11 above (Alterations and Construction).

15. MARKERS
Except as modified by any additional provisions attached at Exhibit "D", project markers in form and size satisfactory to SBCTA, identifying the Improvements and their owner(s), shall be installed and constantly maintained by and at the expense of LICENSEE at such locations as SBCTA shall designate . Such markers shall be relocated or removed upon request of SBCTA without expense to SBCTA. Absence of markers in or about SBCTA Property does not constitute a warranty by SBCTA of the absence of subsurface installations.

Maste r License Agreement
City of Redlands 11
SBCT A Contract No . 23-1002930
Redlands Regular meeting of 07-16-24 569 of 2362

16. COMPLIANCE WITH LAWS
LICENSEE shall comply with all applicable federa l, state and loca l laws, regulations, rules and orders in its Work on, or maintenance, inspection, testing or use of, the SBCTA Property, and shall furnish satisfactory ev idence of such compliance promptly upon request of SBCTA. LICENSEE shall obtain all required permits or leases required by any governmental authority for its use of the Premises, at its sole cost and expense. LICENSEE shall comply with all SBCTA policies, rules and regulations applicabl e to its properti es. Subj ect to SBCTA's approva l, LICENSEE shall at its own cost and expense insta ll and construct all physical improvements to or needed to serve the Premises that are required by any fed era l, state or loca l building code or other law or regulation appli cable to the Premises, or that are made necessary by the nature of LICENSEE's use of the Premises. LICE SEE shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at LICENSEE's sole expense.

17. SBCTA'S RIGHT OF ACCESS

17.1. Inspections. SBCTA shall have the ri ght at any time (upon prov ision of reasonable notice of inspection to LICENSEE) or in case of emergency (without notice), to inspect the Premises in order to protect SBCTA's interests therein and to monitor compliance with this License, including compliance with applicable federal, state and local laws, regulations, rules and orders. Failure to submit to or cooperate with any inspection may result in termination of the License.

17.2. Tests. If, in SBCTA's sole judgment, any installation on, or use or condition of the Premises may have an adverse effect on the Premises or SBCTA Prope rty, adjacent property or SBCTA's operations, SBCTA sha ll be permitted to conduct any tests or assessments, including but not limited to environmental assessments, of, on or about the Premises, as it determines to be necessary or useful to evaluate the condition of the Premises. LICENSEE shall cooperate with SBCT A in any tests or inspections deemed necessary by SBCTA.

17.3. Costs. LICENSEE shall pay or re imburse SBCTA, as appropri ate, for all reasonab le costs and expenses incurred due to tests, inspections or any necessary corrective Work, maintenance and inspections thereafter. SBCTA may establish an inspection fee, whi ch may be changed from time to time, as part of an inspecti on program. The user shall pay such fee fo r each such inspection. Failure to pay the fee may result in termination of the License.

17.4. Sale or Lease of Premises. SBCTA may at any time place on or about the Premises (including the Improvements) any ord inary " for sale" and "for lease" signs.

LICENSEE shall also permit SBCTA and its agents, upon request, to enter the Premises or any part thereof, at reasonab le times during norma l business hours, to show the Premises to prospective tenants, purchasers or mortgagees.

Master License Agreement
City of Redlands 12
SBCTA Contract No . 23- 1002930
Redlands Regular meeting of 07-16-24 570 of 2362

18. ENVIRONMENT AL ASSESSMENT
Upon execution of this License, SBCTA may, in its sole discretion and if applicable, require LICENSEE to retain a duly licensed environmental consultant acceptable to SBCTA who shall perform an environmental assessment of the Premises and LlCEN SEE's and LlCENSEE's Parties' business activities and prepare a report on LlCENSEE's and/or LlCENSEE's Parties' compl iance with the provisions of th is section. SBCTA may req uire LICENSEE to cause a similar environmental assessment to be conducted on an annual basis, and/or upon or within one (I ) year after the expiration or earlier termination of this License, the cost of which shall be the sole responsibility of LICENSEE. LICENSEE shall provide a copy of the report or reports from the consultant(s) promptly to SBCTA upon rece ipt, and upon request shall promptly prov ide to SBCTA a copy of all data, documents and other information prepared or gathered in connection therewith .

19. HAZARDOUS/TOXIC MATERIAL USE AND INDEMNITY

19.1 . LICENSEE shall operate and maintain the Premises in compliance with all Environmental Laws, and shall not cause or permit the Premises to be in violation of any Environmental Law which is now or may hereafter become applicable to LICENSEE or the Premises. As used herein, " Environmental Law(s)" means any federal, state or local environmental, hea lth and/or safety-related law, regulation, standard, dec ision of a court, permit or permit cond itions, currently existing or as amended or adopted in the future. Except fo r any Hazardous Material expressly approved by SBCTA in writing as shown on Exhibit "C", LICENSEE shall not cause or permit, or allow any of LICENSEE's Parties to cause or permit, any Hazardous Material to be brought upon, stored, used, generated, treated or disposed of on or about the SBCT A Property. Any Hazardous Materia l on the site shall be stored, used, generated and disposed of in accordance with all appl icable Environmenta l Laws. As used herein, "Hazardous Material" means any chemical, substance or materia l, including any mixture or solution, which by virtue of its properties or effects is potentially harmfu l to hea lth, safety or property, or which is now or becomes in the fu ture listed, defi ned or regul ated in any manner under any Environmental Law as a hazardous or dangerous material or substance .

19.2. LICENSEE shall indemnify, defend (by counse l acceptable to SBCTA) and hold harmless the Indemn itees (as defi ned in Section 8, Indemnifi cation) from and agai nst all loss, liability, claim, damage, cost or expense (includ ing without limitati on, any fin es, penalties, j udgments, litigation expenses, attorneys' fees, and consulting, engineering, and constructi on fees and expenses) incurred by Indemnitees as a result of (a) LICENSEE's breach of any prohibition or prov ision of this section, or (b) any re lease of Hazardous Material upon or from the Improvements or the Premises or contamination of the SBCTA Property which: (i) occurs due to the use and occupancy of the Improvements or the Premises by LICENSEE or LICENSEE's Parties, or (ii) is made worse due to the act or fa ilure to act of LICENSEE or LICENSEE's Parties.

19.3. The foregoing indemnity shall be effective regardless of any negligence (whether acti ve, passive, derivative ,joint, concurrin g or comparati ve) on the part of Indemnitees, unl ess caused solely by the gross negligence or willful misconduct of lndemnitees; Master License Agreement
City o f Red lands 13
SBCTA Co ntract No. 23-1 002930
Redlands Regular meeting of 07-16-24 571 of 2362
shall survive expiration or termination of this License; and is in addition to any other rights or remedies which lndemnitees may have under the law or under this License.

19.4. In addition, in the event of any release on or contamination of the Premises, LICENSEE, at its sole expense, shall promptly take a ll actions necessary to clean up the affected property (including the SBCTA Property and all affected adjacent property - whether or not owned by SBCTA) and to return the affected property to the condition existing prior to such release or contamination, to the satisfaction of SBCTA and any governmental authorities having jurisdiction.

20. UNDERGROUND STORAGE TANKS

20.1. NEITHER LICE SEE NOR LICENSEE' S PARTIES SHALL INSTALL OR USE

ANY UNDERGROUND STORAGE TANKS ON THE PREMISES UNLESS
SPECIFICALLY APPROVED [N ADVANCE IN WRITING BY SBCTA, WHICH APPROVAL MAY BE WITHHELD IN SBCTA' S SOLE DISCRETION.

20.2. At SBCTA's option, upon the termination of this License at any time and for any reason, LICENSEE sha ll , prior to the effective date of such termination, remove and c lose all underground storage tanks and related equipment and clean up and remove all Hazardous Material in, on, under and about the Premises, in accordance with the requirements of all Environmental Laws and to the satisfaction of SBCTA and any governmental authorities having jurisdiction thereover, and deliver to SBCTA a copy of a certificate of closure issued for such tanks by the appropriate governmental authority.

21. CONDEMNATION
In the event all or any portion of the Premises sha ll be taken or condemned for public use by another governmental agency or any other party having the power of eminent domain (including conveyance by deed in lieu of or in settlement of condemnation proceedings), LICENSEE shall receive compensation (if any) only for the taking and damage to the Improvements. Any other compensation or damages arising out of such taking or condemnation awarded to LICENSEE are hereby assigned by LICENSEE to SBCTA.

22. BROKER'S FEES
LICENSEE represents and warrants that it has dealt with no broker, agent or other third party in connection with this transaction and LICENSEE agrees to indemnify and hold SBCTA harmless from and against any claims by any broker, agent or other party claiming a commission or other form of compensation by virtue of having dealt with LICENSEE with regard to obtaining this License.

23. SUBORDINATE RIGHTS
This License is subject and subordi nate to the prior and continuing rights and obli gation of SBCTA, its successors and assigns, to use the SBCTA Property in the exercise of its powers and in the performance of its duties, including those as a public transportation body, and to all Bonds, and their respective indentures, issued by SBCT A in any of its capacities and/or by any of its affiliated entities now in place or hereafter issued . Accordingly, there is reserved and retained Master License Agreement
City of Redlands 14
SBCT A Contract No . 23-1 002930
Redlands Regular meeting of 07-16-24 572 of 2362
unto SBCTA, its successors, assigns and permittees, the right to construct, reconstruct, operate, maintain, use and/or relocate existing and future rail tracks, facilities and appurtenances and existing and future transportation, communication, pipeline and other facilities and appurtenances in, upon, over, under, across and along the SBCTA Property or any portion thereof, and in connection therewith the right to grant and convey to others, rights and interests to the SBCT A Property or the Premises and in the vicinity of the Improvements, regardless of any effect or impact on the Improvements. LICENSEE shall bear all costs and losses it incurs associated with any modifications to the Improvements necessary to accommodate SBCTA's exercise of any right hereunder. This License is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, claims and other matters of title (" title exceptions") which may affect the SBCTA Property now or hereafter. This License is executed and delivered by SBCTA without any warranty of title, express or implied, and the words "grant" or "convey" as used herein shall not be construed as a warranty of title or a covenant against the existence of any such title exceptions.

24. ABANDONMENT
Should LICE SEE at any time abandon the use of the Improvements or the Premises, or any part thereof, or fail at any time for a continuous period of ninety (90) days to use the same for the purposes contemplated herein, then this License shall terminate to the extent of the portion so abandoned or discontinued, and in addition to any other rights or remedies, SBCTA shall immediately be entitled to exclusive possession and ownership of the portion so abandoned or discontinued, without the encumbrance of this License.

25. GENERAL PROVISIONS
25 .1. Notices. All notices and demands which either of the Parties is required to or desires to give to the other shall be made in writing by persona l delivery, by express courier service or by certified mail postage prepaid, and addressed to the other Party at its address set forth in the Basic Master License Provisions. Either of the Parties may change its address for the receipt of notice by giving written notice thereof to the other Party in the manner herein provided. Notices shall be effective only upon receipt by the Party to whom notice or demand is given.

25.2. Governing Law. This License shall be governed by the laws of the State of California.

25.3. Binding Effect. The terms, provisions and covenants and conditions contained in this License shall apply to, inure to the benefit of, and be binding upon, the parties hereto and upon their respective heirs, legal representatives, successors and permitted assigns, except as otherwise herein expressly provided . If more than one person executes this License as LICENSEE, then each shall be jointly and severally liable for all obligations of LICENSEE hereunder.

25.4. No Third Party Beneficiaries. This License is not intended by either party to confer any benefit on any third party other than the constituent members of SBCTA, including without limitations any broker, finder, or brokerage firm.

25.5. Severability. If any term, covenant, condition or provision of this License, or the application thereof to any person or circumstance, shall to any extent be held by a court Maste r License Agreement
City of Redlands 15
SBCTA Contract No. 23-1002930
Redlands Regular meeting of 07-16-24 573 of 2362
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this License, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

25.6. Interest on Past-due Obligations. Except as expressly herein provided, any amount due to SBCTA that is not paid when due shall bear interest, beginning on the 61 st day from the date of receipt of invoice therefor, at the maximum rate then allowable by law.

Such interest will be due SBCTA as it accrues. Payment of such interest shall not excuse or cure any default by LICENSEE under this License, provided, however, that interest shall not be payable on late charges incurred by LICENSEE.

25.7. Captions. The captions included in this License are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this License or any provision hereof, or in any way affect the interpretation of this License.

25.8. Survival of Obligations. All obligations of LICENSEE hereunder not fully performed as of the expiration or earlier termination of the Term of this License shall survive the expiration or earlier termination of this License, including without limitation all indemnity and defense obligations, all payment obligations with respect to Fees and all obligations concerning the condition of the SBCT A Property and the Improvements.

25.9. Waiver of Covenants or Conditions. The waiver by either Party of any term, covenant, agreement or condition under this License shall not invalidate this License, nor shall it be considered a waiver by it of any other covenant or condition or of the same covenant or condition in another instance. To the extent patterns of practice between the Parties are inconsistent with the terms of this License, such patterns of practice shall not waive in part or in full SBCTA's right to insist upon strict accordance with any of the provisions of this License. The subsequent acceptance of payments hereunder by SBCTA shall not be deemed to be a waiver of any preceding breach by LICENSEE of any provisions, covenant, agreement or condition of this License, other than the failure of LICENSEE to pay the particular payment so accepted, regardl ess of SBCTA's knowledge of such preceding breach at the time of acceptance of such payment.

25.10. Effective Date/Nonbinding Offer. Submission of this License for examination or signature by LICE SEE does not constitute an offer of or option for a license and it is not effective as a license or otherwise until executed and delivered by both SBCTA and LICENSEE. Each individual executing this License on behalf of SBCT A or LICENSEE represents and warrants to the other Party that he or she is authorized to do so.

25.11. Assignment. This License and the license granted herein are personal to the LICENSEE. LICE SEE shall not assign or transfer (whether voluntary or involuntary) this License in whole or in part, or permit any other person or entity to use the rights or privileges hereby conveyed, without the prior written consent of SBCTA, which may be withheld in SBCTA's sole and absolute discretion, and any attempted act in violation of the foregoing shall be void and without effect and be a material breach of this License, which gives SBCTA the right to immediately terminate this License and seek all other available remedies for breach.

Master License Agreement
City of Redlands 16
SBCT A Contract No. 23- 1002930
Redlands Regular meeting of 07-16-24 574 of 2362
25 . 12. Entire Agreement; Amendments. This License, including all attached Exhibits, constitutes the entire agreement between the Parties and supersedes all prior verbal or written agreements and understandings between the Parties with respect to the items set forth in this License. The Parties each acknowledge that no representations, inducements, promises or agreements, oral or written, have been made by either SBCTA or LICE SEE, or anyone acting on behalf of SBCTA or LICENSEE, other than those contained in this License. o amendments, changes, revisions, or discharges, at any time in whole or in part, of this License shall be binding upon the Parties unless they are in writing and executed by the Parties.

25. 13. Attorneys' Fees. If either SBCTA or LICENSEE commences or engages in, or threatens to commence or engage in, an action by or against the other party arising out of or in connection with this License or the Premises, the prevailing party shall be entitled to have and recover from the losing party reasonable attorneys' fees and other costs incurred in connection with the action, preparation for such action, any appea ls relating thereto and enforcing any judgments rendered in connection therewith . If SBCTA becomes involved in any action, threatened or actual, by or against anyone not a party to this License, but arisi ng by reason of or related to any act or omission of LICENSEE or LICENSEE's Parties, LICENSEE agrees to pay SBCTA's reasonable attorneys' fees and other costs incurred in connection with the action, preparation for such action, any appeals relating thereto and enforcing any judgments rendered in connection therewith.
25 .14. Nondiscrimination. LICENSEE certifies and agrees that all persons employed by LICENSEE and LICENSEE's affi liates, subsidiaries, or holding companies, and any contractors retained by LICENSEE with respect to the Premises, are and shall be treated equall y without regard to or because of race, religion, ancestry, national origin, or sex, and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to the Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the California Fair Employment Practices Act.

25. 15. Further Acts. LICENSEE agrees to perform any further acts and to execute and deliver in recordable form any documents which may be reasonably necessary to carry out the provisions of this License, including, at SBCTA's sole discretion, the relocation of the Improvements and the license granted hereby.

25. 16. Time of Essence. Time is of the essence for this License.

25. 17. Certificates. LICENSEE agrees from time to time within ten (I 0) days after request of SBCTA, to deli ver to SBCTA, or SBCTA's designee, all financial statements for the previous three (3) fisca l years of LICENSEE, and an estoppel certificate stating that this License is in full force and effect, the date to which all applicable payments have been paid, the unexpired Term of this License and such other matters pertaining to this License as may be requested by SBCT A.

25. 18. Security Measures. LICE SEE hereby acknowledges that the payments payable to SBCTA hereunder do not include the cost of guard service or other security measures, and that SBCTA shall have no obli gati on whatsoever to prov ide same. LICENSEE assumes all responsi bility for the protection of LICENSEE, LICENSEE's Parties and their property from acts of third parties.

Master License Agreement
City of Redlands 17
SBCT A Contract No. 23-1 002930
Redlands Regular meeting of 07-16-24 575 of 2362

25. 19. Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment, and there shall survive the right on the part of said party to institute suit for recovery of such sum. lf it shal l be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party sha ll be entitled to recover such sum or so much thereof as it was not legall y required to pay under the prov isions of this License.

25.20. No Recording. LICENSEE shall not record or permit to be recorded in the official records of the county where the Premises are located, this License, any memorandum of this License or any other document giving notice of the existence of this License or the license granted hereby.
25 .2 1. Flagmen. Where app licable, as a part of or in addition to a ll other safety obligations, LICE SEE shall maintain, at LICENSEE's expense, competent flagmen to protect and contro l movement of vehicles and equipment of LICENSEE or any other user of the Premises while upon the Premises, consistent with any app licable laws and regulations regarding work protection, including the rules and policies of SBCTA and/or any railroad operator having ri ghts to utilize any affected or adjacent railroad tracks.

25.22. Additional Provisions. Those add itional provisions set forth in Exhibit " D", if any, are hereby incorporated by this reference as if fu ll y set forth here in.

Master License Agreement
City o f Redlands 18
SBCTA Co ntract No . 23-1 002930
Redlands Regular meeting of 07-16-24 576 of 2362
Specific License Exhibit
City of Redlands
Exhibit "A"
SPECFIC LICENSE EXHIBIT (SLE) to

MASTER LICENSE AGREEMENT
[To Be Inserted]
SBCT A Contract No. 23 -1 002930
Redlands Regular meeting of 07-16-24 577 of 2362
Exhibit "A"
SBCTA Contract No. 23-1002930

SPECIFIC LICENSE EXHIBIT TO MASTER LICENSE AGREEMENT
This Specific License Exhibit (" SLE") to Master Li cense Agreement is entered into this __ day of , 2023 , by and between the San Bernardino County Transportation Authority ("SBCTA" or " Licensor" ) and CITY OF REDLANDS (" Licensee"), pursuant to the provisions of the Master License Agreement dated , 2023, which is incorporated herein by reference, and all terms and definitions contained in the Master Agreement shall apply to this SLE.

1. DESCRIPTION OF UTILITY PROJECT AND USE.

Description of Improvements, Utility and/or Appurtenances:

One ( l) 8-inch, l O gauge ductile iron pipe potable waterline with warning tape.

Use of Premises:

Operation, maintenance and repair of Improvements.

The facility described in this SLE shall be referred to as the "Utility Proj ect. " To the extent that plans, or permits are prepared or required for the Utility Proj ect, Licensee shall submit such plans or permits to SBCTA prior to Licensee 's commencement of the Utility Project.

Exhibit "E" : SLE Control Master Ledger summarizes features of each Utility Project and tracks associated payments with each facility.

2. DESCRIPTION OF THE PREMISES.

City: Redlands Subdivision: Redlands
Address and/or Milepost Location:

Transverse crossing at University Street then continuing along the north side of University Station and further east within Orange Blossom Trail to Judson Street.

Mile Post 9.76 to Mile Post l 0.40
Approximate Area: 32,400 square feet; 0.744 acres
[See Attachment No. l - SLE: Map/Depiction of Premises] Description and Dimensions of the Premises Area: An underground potable waterline transverse crossing along the east side of University Street then continuing easterl y longitudinally fo r 3, 160 linear feet, more or less, l O feet in width along the north side of SBCTA 's Redlands Subdivision.

Specific License Exhibit
City o f Redlands
SBCT A Contract No . 23- 1002930
Location No. 1

Page 1 ends

Redlands Regular meeting of 07-16-24 578 of 2362
Exhibit "A"

3. TERM.

The term of this License sha ll commence on the "Commencement Date".

Term (check one):
lXJ A. Month-to-Month
(_) B. Until End Date: (subject to termination pursuant to the terms of the SLE - see especially Standard Master License Agreement Provisions).

4. PARTIES.

The Uti lity Project will be performed or constructed by the Licensee. The Licensee representative or other person responsible for the Utility Project can be contacted at:

Name:

Address:

Phone Number:

Email Address:

Gerard Nepomuceno
35 Cajon Street, Suite 15A, Redlands, CA 92373
(909)
gnepom uceno(ci),c i tyo fred lands.org

5. ADMINISTRATION FEE.

Licensee shall pay Licensor an Administration Fee of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) for Licensor's costs for processing this SLE as set forth in Section

3. l. l of the MLA. This payment shall be made within five (5) days of execution of this SLE, and then annually in advance prior to each anni versary of the execution of the SLE for as long as this SLE is in effect. The Administration Fee, at the sole discretion of the Licensor, may be revised to reflect the Licensor's annual costs of administering this SLE as those costs may change over time as set forth in Section 3 of the MLA. The annual Administration Fee identified herein may be further subject to a discounted rate based on number of Util i_ty Projects under the MLA as further described in Exhibit "E": SLE Control Master Ledger enumerating all Uti lity Projects under the MLA.

6. ANNUAL USE FEE.

Licensee shall pay Licensor an Annual Base Use Fee of ZERO DOLLARS ($0.00) as set forth herein and subsequently adjusted pursuant to Section 3.2 of the MLA. Such Annual License Fee sha ll be due and payable on upon Licensee 's execute of the SLE; and the Ann ual License Fee Payment Date as set forth in Section 3 of the MLA during each succeeding year for as long as this SLE is in effect. The Annual License Fee, at the sole discretion of the Licensor, may be revised as set forth in Section 3 of the MLA.

7. ADDITIONAL USE FEE.

Pursuant to Section 3. 1.4 of the Standard Master License Provisions, an Additional Use Fee for the Utility Project in the amount of ZERO DOLLARS ($0.00) sha ll be due and payable upon execution of the S LE by Licensee.

Specific License Exhibit
City o f Redlands
SBCT A Contract No. 23-1002930
Location o. l

Page 2 ends

Redlands Regular meeting of 07-16-24 579 of 2362
Exhibit "A"

8. INDEMNITY AND INSURANCE REQUIREMENTS.

Licensee shall fully comply with all terms and obligations contained within the MLA, which are incorporated herein by this reference, including payment of prevailing wages if applicable, as well as all insurance and indemnity requirements. However, if SBCTA allows, in its sole discretion, Licensee to obtain insurance varying from the requirements set forth in the MLA, which requirements shall be attached hereto in Attachment No. 2 - SLE: Varying Insurance Requirements and incorporated herein by reference. Such varying insurance shall be subject to the requirements set forth in Section 9 of the MLA.

IN WITNESS WHEREOF, the Licensee acknowledges that it understands and agrees to all of the above terms in this Specific License Exhibit on the day and year first above written.

Specific License Exhibit
City o f Redlands
Name: _ ___.E..,,d..,,d._.i.._.e"---"T..,,ec..jj ..... e""dc.!da~------ Title: ___ M_a~y_o_r _ _ ____ ____ _
ATTEST: ~

SAN BERNARDINO COUNTY TRANSPORTATION
AUT~ Y
By: ~ f<&v<e
Name: LJ/'rWn /YJ· i<tJ~
Title: ~'derri, bt:2dfd Rf-- (j)/rcd2rr< I -·/
Date: /Q- c9S:: $2-;3
SBCT A Contract No. 23-1 002930
Location No . I

Page 3 ends

Redlands Regular meeting of 07-16-24 580 of 2362
Specific License Exhibit
City of Redlands
Exhibit "A"
Attachment No. 1
To
Specific License Exhibit
Contract No. 23-1002930
Map/Depiction of Premises
[See attached behind this page]
SBCT A Contract No. 23 -1 002930
Redlands Regular meeting of 07-16-24 581 of 2362

CENTRAL AVE
Master License Agreement - City of Redlands
Exhibit "A" - Attachment 1 - Location 1
APN Nearest Cross Street City/Community
See Map Park Avenue Redlands
Original Mile Post Branch/Line Agreement Type

9.76 to 10.40 Redlands License
Grade Type Orientation Contract Number
Underground Longitudinal 23-1002930
eta

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
1170 W. 3rd Street, 2nd Floor
San Bernardino, Ca 92410-1715

N MAP LEGEND
, • •, SBCTA Right of Way
- 8" DIP Potable Waterline
~ University Station
o 105 210 420 Feet

I I I I I I I
Redlands Regular meeting of 07-16-24 582 of 2362
Location Map
Legend
Mains
TYPE
- Transmission line
-- Distribution main
-- Overllow line
-- Bypass main
•••••• D<y
""" ... -~t,hC,.vl~
--- l'Nc.t,"11 R....,.., __ na ~GI
~~i.~tptal'h~~
n.. --......... o,w. ........ .......... r,Na., ............... ..,,...__., ,,,,_,fdt,911'w~_,..,. s
-
Redlands Regular meeting of 07-16-24 583 of 2362
Master License Agreement
City of Redlands
Exhibit "A"
Attachment No. 2
To
Specific License Exhibit
Contract No. 23-1002930
Varying Insurance Requirements
No varying insurance requirements under this SLE
SBCT A Contract No. 23-1002930
Redlands Regular meeting of 07-16-24 584 of 2362
Master License Agreement
City of Redlands
Exhibit "B"

INSURANCE REQUIREMENTS
[To Be Inserted]
SBCTA Contract No. 23-1002930
Redlands Regular meeting of 07-16-24 585 of 2362
Exhibit "B"

INSURANCE REQUIREMENTS
I. AGREEMENT shall mean the license to which this Exhibit is attached. WORK shall mean any activity or use permitted under the AGREEMENT. The holder of the AGREEMENT is hereinafter referred to as PERMITTEE. PERMITTEE shall at all times during the term of the AGREEMENT or for such other periods as required herein, procure and maintain broad form insurance aga inst claims for injuries to persons or damages to property that may arise from, or in connection with, the use of SBCT A property hereunder by the PERMITTEE, its agents, representatives, employees, or subcontractors, with coverage at least as broad as the following minimum requirements specified below. Selected subparagraphs to this Paragraph 1 shall apply:

1.1. t8J Worker's Compensation/Employer's Liability. The policies must include the following:
• Coverage A. Statutory Benefits
• Coverage B. Employer's Liability
• Bodily Injury by accident - $1 ,000,000 per accident
• Bodily Injury by disease - $ 1,000,000 policy limit/$1 ,000,000 each employee Such policies shall contain a waiver of subrogation in favor of the parties named as lndemnitees below. Such insurance shall be in strict accordance with the applicable workers' compensation laws in effect during performance of the WORK by PERMITTEE, any subcontractor of any tier. All subcontractors of any tier performing any portion of the WORK for PERMITTEE shall also obtain and maintain the same insurance coverage as specified in this subparagraph, with a waiver of subrogation in favor of PERMITTEE and all parties named as lndemnitees by the AGREEMENT.

Where coverage is provided through the California State Compensation Insurance Fund, the requirement for a minimum A.M. Best rating does not apply.

1.2. t8J Commercial General Liability. The policy must include the fol lowing:
• PERMITTEE shall maintain commercial general liability (CGL) insurance (Insurance Services Office (ISO) Form CG 00 0 I), and if necessary excess/umbrella commercial liability insurance, with a combined limit of li ability of not less than $7,000,000 each occurrence. If the AGREEMENT value is equal to or in excess of $25,000,000, then the combined limit of liability shall be no less than $25,000,000 each occurrence.
• The policy shall, at a minimum, include coverage for any and all of the following: bodily injury, property damage, personal injury, broad form contractual liability (including coverage to the maximum extent possible for the indemn ifications in the AGREEMENT), premises-operations (including explosion, collapse and underground coverage), duty to defend in addition to (without reducing) the limits of the policy(ies), and products and completed operations. o $2,000,000 per occurrence limit for property damage or bodily injury o $1,000,000 per occurrence limit for personal injury and advertising injury o $2,000,000 per occurrence limits for products/completed operations coverage (ISO Form 20 37 IO O I) ifSBCT A's Risk Manager determines it is in SBCT A's best interests to require such coverage,
o If a general aggregate applies, it shall apply separately to this project/location. The project name must be indicated under " Description of Operations/Locations" (ISO Form CG 25 03).
• Coverage is to be on an "occurrence" form. "Claims made" and "modified occurrence" forms are not acceptable.
• A copy of the declaration page or endorsement page listing all policy endorsements for the CGL policy must be included.

Exhibit B - Insurance Requireme nts
City of Redlands
SBCTA Contract No. 23-1 002930
Fil e No. __ _
Redlands Regular meeting of 07-16-24 586 of 2362
All subcontractors of any tier performing any po11ion of the WORK for PERMITTEE shall also obtain and maintain the CGL insurance coverage with limits not less than:
• Each occurrence limit: $1 ,000,000
• General aggregate limit: $2,000,000
• Personal injury and advertising limit $ 1,000,000
• Products-completed operations aggregate limit $2,000,000 All subcontractors' deductibles or self-insured retentions must be acceptable to SBCT A's Risk Manager.

1.2. 1.D Contractual Liability - Railroads. The CGL policy shall not exclude coverage of contractual (ability relating to railroads or shall be endorsed by ISO Form CG 24 17, or equivalent acceptable to SBCT A, to remove such exclusions to coverage.

1.3. ~ Umbrella/Excess CGL. The policy must include the following :
• If the PERMITTEE elects to include an umbrella or excess policy to cover any of the total limits required beyond the primary commercial general liability policy limits and/or the primary commercial automobil e liability policy limits, then the policy must include the fo llowing:
o The umbre lla or excess policy shall follow form over the PERMITTEE's primary general liability coverage and shall provide a separate aggregate limit for products and completed operations coverage.
o The umbrell a or excess policy shall not contain any restrictions or exclusions beyond what is contained in the primary policy.
o The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. o The umbrella or excess policy must also extend coverage over the automobile policy ifit is to be used in combination with the primary automobile policy to meet the total insurance requirement limits.

There shal l be no statement limiting the coverage provided to the pa11ies listed as additionally insureds or as indemnitees in the AGREEMENT.

1.4. ~ Commercial Auto. The policy must include the following:
• A total limit of liability of not less than $5,000,000 each accident. This total limit of liability may be met by combini ng the limits of the primary auto policy with an umbrella or excess policy in accordance with Section 1.3 (Umbrella/Excess CGL), above. • Such insurance shall cover liability arising out of any vehicle, including owned, hired, leased, borrowed and non-owned vehicles assigned to or used in performa nce of the WORK. • Combined Bodily Injury and Property Damage Liability insurance The commerc ial automobi le liability insurance shall be written on the most recent edition of ISO Form CA 00 0 I or equiva lent acceptable to SBCT A.

1.5. D Pollution Liability The policy must include the fo llowing:
• $2,000,000 per claim or occurrence limits/$4,000,000 in the aggregate • If the WORK invo lves mo ld identification / remediation, the policy shall not contain a mold exclusion and the definition of " Pollution" shall include mi crobial matter including mold. • If the WORK involves lead-based paint or asbestos identificati on/remedi ation, the policy shall not contain lead-based pai nt or asbestos exclusions.

Exhibit B - Insurance Requirements
City of Redlands 2
SBCTA Contract o. 23-1002930
File No. ___ _
Redlands Regular meeting of 07-16-24 587 of 2362

1.6. D Railroad Protective Liability Insurance: Insurance Services Office Form Railroad Protective Liabi lity, AAR-AASHTO (ISO/RIMA), in the name of SCRRA with respect to the operations they or any of their subcontractors perform on the Property. Minimum Limits: $2 million per occurrence, combined single limit, for coverage and for losses arising out of injury to or death of all persons and for physical loss or damage to or destruction of Property, including the loss of use thereof. A $6 million annual aggregate shall apply. If providing coverage on the London claimsmade f01m, the following provisions shall apply:
• The limits of liability shall be not less than $3 million per occurrence, combined single limit. A $9 million aggregate may apply.
• Declarations item 6, extended claims made date, shal l allow an extended claims made period no shorter than the length of the original policy period plus one year. • If equivalent or better, wording is not contained in the policy form, the following endorsement must be included:
o It is agreed that "physical damage to Property" means direct and accidental loss of or damage to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbed, catenaries, signals, bridges or buildings.

In cases of low hazard activity and insignificant risk to rail faci lities, and if the exposure to the track is physically separated by a building, floor or a continuous fence (no thoroughfares) and the employees of the Contractor are explicitly notified, trained, and supervised such that they are not permitted to have any contact with the track or its related improvements, the Railroad Protective Liabi lity Insurance requirement may be waived by SBCT A, or its designated representative, in SBCTA's sole and absolute discretion, where SBCT A's agreements and obligations with rail operators allow it.

2. General Provisions

2.1. Qualifications of Insurance Carriers. If policies are written by insurer carriers authorized and admitted to do business in the state of California, then the insurer carriers must have a current A.M.

Best rating of A-VIII or better. If policies are written by insurance carriers that are non-admitted but authorized to conduct business in the state of California, then they must meet the current A.M.

Best rating of A-:X or better, un less otherwise approved in writing by SBCT A's Risk Manager.

2.2. Additional Insurance Coverage. All policies, except those for Workers' Compensation insurance, shall be endorsed by ISO Form CG 20 36, or if not available, then ISO Form CG 20 35, to name San Bernardino County Transportation Authority and its officers, directors, members, employees, agents and volunteers, as additional insureds ('"Additional Insureds"). With respect to general liability arising out of or connected with work or operations performed by or on behalf of the PERMITTEE permitted under this AGREEMENT, coverage for such Additional Insureds shall not extend to liabil ity to the extent prohibited by section 11 580.04 of the Insurance Code. The additional insured endorsements shall not limit the scope of coverage for SBCT A to vicarious liability but shall allow coverage for SBCT A to the full extent provided by the policy.

2.3. Proof of Coverage. Evidence of insurance in a form acceptable to SBCTA's Risk Manager, including declarations pages of each po licy, certificates of insurance and the required additional insured endorsements, shall be provided to SBCT A's Procurement Analyst prior to issuance of the NTP or prior to commencing any WORK, as SBCT A specifies. Ce11ificate(s) of insurance, as evidence of the required insurance shall: be executed by a duly authorized representative of each insurer; show compliance with the insurance requirements set forth in the AGREEMENT together with Exhibit B; set forth deductible amounts applicable to each policy; list all exclusions which are added by endorsement to each policy; and also include the Contract Number and the SBCT A Project Manager's name on the face of the certificate. If requested in writing by SBCT A, PERMITTEE shall submit complete copies of all required insurance policies within ten ( I 0) business days of a written request by SBCT A.

Exhi bit B - Insurance Requirements
City of Red lands 3
SBCTA Contract No. 23-1 002930
Fi le No __ _
Redlands Regular meeting of 07-16-24 588 of 2362

2.4. Deductibles. Regardless of the allowance of exclusions or deductibles by SBCTA, CONTRACTOR shall be responsible for any deductible or self-insured retention (SIR) amount and shall warrant that the coverage provided to SBCTA is consistent with the requirements of this Article. CONTRACTOR will pay , and shall require its subCONTRACTORS to pay, all deductibles, co-pay obligations, premiums and any other sums due under the insurance required in this Article. Any deductibles or selfinsured retentions must be declared to and approved in writing by SBCTA's Risk Manager. At the option of SBCTA, if the deductible or SIR is greater than $50,000 or five (5) percent of the amount of coverage required under this Contract, whichever is less, the CONTRACTOR shall guarantee that either: (I) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to SBCTA, its directors, officials, officers, employees and agents; or, (2) the CONTRACTOR shall procure a bond guaranteeing the amount of the deductible or self-insured retention.

SBCTA will have the right, but not the obligation, to pay any deductible or SIR due under any insurance policy. If SBCTA pays any sums due under any insurance required above, SBCT A may withhold said sums from any amounts due to CONTRACTOR. The Contractor's policies wi ll neither obligate nor prohibit SBCTA or any other Additional Insured, from paying any portion of any Contractor's deductible or SIR.

2.5. PERMITTEE's and Subcontractors' Insurance will be Primary. All policies required to be maintained by the PERMITTEE or any subcontractor with the exception of Professional Liability and Worker's Compensation shall be endorsed, with a form at least as broad as ISO Form CG 20 0 I 04 13), to be primary coverage, and any coverage carried by any of the Additional Insureds shall be excess and non-contributory. Fu11her, none of PERM!TTEE's nor subcontractors' pollution, automobile, general liability or other liabi lity policies (primary or excess) will contain any cross-liability exclusion barring coverage for claims by an additional insured against a named insured.

2.6. Waiver of Subrogation Rights. To the fu llest extent permitted by law, PERM!TTEE hereby waives all rights of recovery under subrogation against the Additional Insureds named herein, and any other consultant, subcons ultant or sub-subconsultant performing work or rendering services on behalf of SBCT A, in connection with the planning, development and construction of the Project.

To the fullest extent permitted by law, PERM!TTEE shall require similar written express waivers and insurance clauses from each of its subcontractors of every tier. PERM ITT EE shall require all of the policies and coverages required in Exhibit B to waive all rights of subrogation against the Additional Insureds (ISO Form CG 24 04 05 09). Such insurance and coverages provided shall not prohibit PERMITTEE from waiving the right of subrogation prior to a loss or claim.

2.7. Cancellation. If any insurance company elects to cancel or non-renew coverage for any reason, PERMITTEE will provide SBCT A thirty (30) days prior written notice of such cancellation or nonrenewal. If the policy is cancelled for nonpayment of premium, PERMITTEE will provide SBCT A ten ( I 0) days prior written notice. In any event, PER.MITTEE will provide SBCT A with a copy of any notice of termination or notice of any other change to any insurance coverage required herein which PERMITTEE receives within one business day after PERMITTEE receives it by submitting it to SBCT A at [email protected] to the attention of SBCT A's Procurement Analyst, and by depositing a copy of the notice in the U.S. Mail in accordance with the notice provisions of the AGREEMENT.

2.8. Enforcement. SBCT A may take any steps as are necessary to assure PERMITTEE's compliance with its insurance obligations as identified within the AGREEMENT and / or Exhibit B. Failure to continuously maintain insurance coverage as provided herein is a material breach of contract.

In the event the PERMITTEE fails to obtain or maintain any insurance coverage required, SBCT A may, but is not required to, maintain this coverage and charge the expense to the PERMITTEE or Exhibit B - Insurance Requirements
City of Redlands 4
SBCTA Contract o. 23-1 002930
File No. __ _
Redlands Regular meeting of 07-16-24 589 of 2362
withhold such expense from amounts owed PERMITTEE, or terminate the AGREEMENT. The insurance required or provided shall in no way limit or relieve PERMITTEE of its duti es and responsibility under the Contract, including but not limited to obligation to indemnify, defend and hold harmless the Indemnitees named below. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve PERMITTEE fo r liability in excess of such coverage, nor sha ll it preclude SBCT A from taking other actions as available to it under any other provision of the Contract or law. Nothing contained herein shall relieve PERMITTEE, or any subcontractor of any tier, of their obligations to exercise due care in the performance of their duties in connection with the WORK, and to compl ete the WORK in stri ct compliance with the AGREEMENT.

2.9. No Waiver. Failure of SBCT A to enforce in a timely manner any of the provisions of Exhibit B shall not act as a waiver to enforcement of any of these provisions at a later date.

2.10. Contractors and Subcontractors Insurance. Insura nce required of the PERMITTEE shall be also provided by subcontractors, or by PERMITTEE on behalf of all subcontractors, to cover WORK, performed by said subcontractors, permitted under the AGREEMENT. PERMITTEE may reduce types and the amounts of insurance limits provided by subcontractors to be proportionate to the amount of the subcontractor's contract and the level of liability exposure for the specific type of work performed by the subcontractor. PERMITTEE shall be held responsible for all modifications, deviations, or omissions in these insurance requirements as they apply to subcontractor.

2. 11. Higher limits. If PERMITTEE maintains higher limits than the minimums shown above, SBCT A shall be entitled to coverage for the higher limits maintained by PERMITTEE. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to SBCT A.

2.12. Special Risks or Circumstances. SBCTA reserves the right to modify any or all of the above insurance requirements, including limits, based on the nature of the ris k, prior experi ence, insurer, coverage, or other special circumstances.

Exhi bit B - Insurance Requirements
City of Redlands 5
SBCTA Contract No. 23-1 002930
File No. __ _
Redlands Regular meeting of 07-16-24 590 of 2362
Exhibit "C"

PERMITTED HAZARDOUS MATERIAL
No hazardous material is permitted to be used or stored on Premises.

Master License Agreement
City o f Redlands
SBCT A Contract No . 23- 1002930
Redlands Regular meeting of 07-16-24 591 of 2362
Master License Agreement
City of Redlands
Exhibit "D"

ADDITIONAL REQUIREMENTS
[To Be Inserted]
SBCTA Contract No. 23 -1 002930
Redlands Regular meeting of 07-16-24 592 of 2362
Exhibit "D"

ADDITIONAL REQUIREMENTS
The fo llowing Additional Requirements are imposed on the Tenant/Licensee/Permittee and all of its contractors, subcontractors, employees, laborers or other persons performing any work upon SBCTA property on behalf of Tenant/Licensee/Permittee, and are made part of the terms of the Lease/License/Permit to which this Exhibit Dis attached ("Agreement").

As used here inafter, the term "Contractor" shall include the Tenant/Licensee/Permittee and each and every one of its contractors, subcontractors, employees, laborers, agents or other persons performing any work upon SBCTA property on behalf of Tenant/Licensee/Permittee; and the term " railroad operator" or "operating railroad" shall mean Southern California Regional Rail Authority (SCRRA), Burlington Northern Santa Fe Railroad Railway Company (BNSF) and/or any other railroad company or rail carrier having operating rights over rail lines owned or controlled by SBCTA.

Contractor sha ll fully comply with each and every one of the Additional Requirements be low which is in any way applicable to the type of use, construction, insta llation or facil ity allowed under the Contractor's Agreement and approved by SBCTA as required thereunder ("Permitted Use"). The inclusion of an Add itional Req uirement below that is not in any way applicable to the Contractor's Permitted Use sha ll not impl y any ri ght, permission or consent to expand the Permitted Use in any way.
l. Contractor agrees to execute and deliver to each railroad operator prior to commencing any work within the rai l right-of-way, a railroad Right of Entry Agreement which will include agreement to abide by each railroad operator's rules and requirements for construction on railway property. Contractor shall secure approval from SBCT A and each railroad operator of the design of any structures and facilities prior to commencing work on the ir construction or installation.

2. Contractor will acquire and comply with any and all additional permits required by the railroad operator(s), affected public utilities and/or by any government agency having jurisdiction. Any permit fees, inspection fees, flagging fees, or costs associated with the use or maintenance of the Premise by any governmenta l agency, department, or organization, and any labor expenses for the install ation or mai ntenance of any permitted improvements are the Contractor's sole responsibility. Fully conformed copies of all permits are to be provided to SBCTA. Additional permits required of the Contractor may include but are not limited to encroachment permits, Storm Water Pollution Prevention Plans, environmental permits, temporary use permits, regulatory permits and third party utility permits. Contractors shall have all original executed agreements and permits on hand while on site and wi ll present them on demand of representative of SBCTA and/or the railroad operator(s). Prior to the commencement of work, the contractor shall submit to SBCTA fo r review and approval, a description of the work process including a deta iled schedule of a ll work acti vities to be carri ed out on SBCTA property.

SCRRA 's Right of Way Engineers Office - (909) 394 - 3418 ; BNSF's Roadmaster Office - (909) 386 - 4061
Exhibit " D" - Additional Requirements
City of Redlands
SBCTA Contract No. 23-1 002930
File No. __ _
Redlands Regular meeting of 07-16-24 593 of 2362
Exhibit "D"

3. Contractor at its sole cost and expense shall obtain and maintain, in full fo rce and effect, insurance, as required by SBCTA and the ra ilroad operator(s) during the entire construction period . The Contractor shall furnish copies of the insurance certifi cates to SBCTA and all affected railroad operators.

4. Contractor agrees to comply with instructions of SBCTA and each railroad operator's Employee-In-Charge (EiC) and other representatives in re lation to the proper manner of protection of the tracks and the traffic moving thereon, pole lines, signa ls and other property of SBCT A or its member agencies, tenants or licensees at or in the vic inity of the work, and sha ll perfo rm the work at such times as not to endanger or interfere with safe and timely operations of railroad operators or of SBCTA's track and other fac ilities.

5. Contractor will call the appropriate operatin g railroad to arrange for fl aggi ng services a minimum of fifteen ( 15) working days prior to beginning work. Although every effort is made to accommodate schedules, prior notification does not guarantee the availability of protective/flaggin g services for the proposed date of work. The SCRRA/BNSF fl agman/EiC has sole authority to protect safe railroad operations and infrastructure, therefore, only they and their representati ves are permitted to perfo rm fl aggi ng operati ons within the railroad ri ght-of-way. At all times the contractor sha ll fo llow th e flagman/ElC's direction. Contractor's work may not proceed in the absence of a flagman in accordance with applicable rules. At no time shall any contractor be permitted to cross any track or place or ma inta in any personnel or equipment within the railroad ri ght-of- way without the permission of the ra ilroad fl agman.

SCRRA 's Flagging Office (2 13) 305-8424
BNSF 's Flagging Offi ce (909) 386-406 1

6. Prior to the start of construction and at the contractor's expense, a ll personne l including subcontractors and third parties shall complete SCRRA 's/BNSF's Third Party Safety Tra ining course, which is required fo r all work near or with in the railroad right-of-way.

Evidence of training must be supplied upon request of SBCTA and its representati ves.

No work may commence on the railroad ri ght-of-way until this train ing has been completed. The contractor shall make the necessary arrangements fo r each equipment operator to have constant and direct radio contact with their foreman. The foreman w ill in turn have constant and direct contact with the SCRRA/BNSF flagman/EiC.

7. Contractor shall be responsible for the locati on and protection of any and a ll surface , sub- surface , and overhead lines, structures and improvements. Contractor sha ll not damage, destroy or inte rfe re with any ex isting encumbrances, licenses and ri ghts (whether public or private), granted upon or re lating to the railroad ri ght-of-way. It shall be the Contractor's responsibility to contact Underground Alert and locate a ll underground faciliti es prior to the commencement of construction. At the same time, the contractor shall notify the operating railroad for signal and communications cables and conduits mark-outs. Contractor sha ll obta in permission from the owners of any fiber optic, gas, electrical, water, oil or other lines which may be impacted by work on or any use of the Premises by Contractor.

SCRRA Signal Department (909) 592- 1346
BNSF Signa l Department (909) 386-405 1
Exhibit "D" - Additional Requirements
City of Redlands 2
SBCTA Contract No. 23-1 002930
FileNo _ _ _
Redlands Regular meeting of 07-16-24 594 of 2362
Exhibit "D"

8. In case of signal emergencies or grade crossing problems, the contractor shall call the following emergency numbers.

SCRRA Signal Emergency Department (888) 446-9721
BNSF Signal Emergency Department (909) 386-4051

9. Contractor shall prepare and submit traffic control plan for SBCTA/SCRRA approval for projects that will affect vehicular traffic at an existing highway-rai l grade crossing.

I 0. If SBCTA or any of its associated rail entities or railroad operators deem it necessary in the future , to modify, or to build additional, track or tracks or other facilities in connection with the operation of its railroad, at the request of SBCTA, contractor shall modify, at its own expense, any or all of its permitted facilities to conform to the rail facilities.

11. Both Contractor and SBCTA acknowledge that the Premises is Licensed in "AS IS" condition and any track removal, grading, paving and fencing as may be necessary or required to meet Contractor's needs will be the sole responsibility and at the sole cost of the Contractor and subject to SBCTA's and any affected operating railroad 's prior review and approval, which may be withheld in SBCTA's or the affected operating railroad's sole and absolute discretion. SBCTA or the affected operating railroad may require that any track removal and/or other work within the right-of-way be done by SBCTA or the railroad operator, respectively, but all such work shall remain at the sole cost of the Contractor, who may be required to deposit the estimated cost plus 25% in advance of the work, subject to refund or add itional charge at the conc lusion of the work. No permanent structures may be constructed on the premises without SBCTA's prior written approval. Contractor will be responsible for the removal of any or all permitted improvements upon termination of Agreement as directed by SBCTA.

12. Contractor sha ll pay for any and all utilities for its benefit, security and use.

13. SBCTA makes no warranties as to the suitability of the location for Contractor's intended use, and Contractor assumes all risks as to environmental compliance, zoning, visibi lity, or any other factors which may affect Contractor's intended use of the premises.

14. Boring of carrier or direct burial utilities by directional boring methods is prohibited.

15. Signs are not permitted on or a long the perimeter of the Premises unless such signs were requested and approved under Contractor's original proposal and covered by the required insurance. The contractor shall install permanent signs identifying the location of pipes at the edge of the railroad right-of-way unless within a public grade crossing.

16. Contractor shall not bring upon or use any import soi l on the Premises in conjunction with any purposes allowed under this Agreement, until said import soil has been laboratory tested by a certified hazardous waste testing laboratory and the test results have been approved by SBCTA. Additionally, any so il currently existing on the Premises may not be spread on the Premises unless and until it is characterized as clean soil to the reasonable satisfaction of SBCTA. All soil piles are to be placed on a barrier to prevent intermingling with surface soils.

Exhibit "D" - Additional Requirements
City of Redlands 3
SBCTA Contract No. 23-1 002930
FileNo __ _
Redlands Regular meeting of 07-16-24 595 of 2362
Exhibit "D"

17. Contractor shall keep the Premises free and c lear of weeds, trash, vegetation, unauthori zed vehi cle parking and graffiti and from occupancy by transients/home less persons or individuals. Contractor sha ll be fu ll y responsible fo r all maintenance and ma intenance of adj oining S BCT A property that is required or necessary in connection w ith Contractor's use of Premises.

18. Prior to commencement of construction, the contractor sha ll submit to SBCT A / SCRRA a plan showing the proposed method of casing installation, construction access, stockpile locations, SWPPP contro l measures, fencing type and location and a milestone schedule.

19. For pipelines carrying fl ammable or hazardous mate rials, the contractor sha ll adhere to special conditions stated in the Right of Entry (ROE) Agreement.

20. The j acking and rece ivi ng pits shall be constructed outside of the railroad right of way unless shown on the SBCT A approved plans and shall not be located between any track and the automatic signal gate arms. The contractor sha ll layout the proposed jack and bore pits prior to the commencement of work. Only after the SBCTA/SCRRA inspector has approved the layout will the Contractor be allowed to begin work. 2 1. Contractor shall construct a temporary fence along the railroad right-of-way, or along the edge of pits c losest to the track, on both sides of the pit, extending 50-fee t in both directions from the pit, and measuring a min imum of 6-fee t high. Fences are not required fo r work at grade crossings. Contractor shall pave the Premises area with asphalt or concrete, when requested, around the entire perimeter of the property as described in the Agreement in Part I and Exhibit "A" . Contractor shall be responsible for total expense of fenc ing and aspha lt.

22. All jack and bore operations within the rai lroad right-of-way shall be performed continuously on a 24-hour basis unti l work is completed with a SCRRA/BNSF fl agman and SCRRA/BNSF inspector present at a ll times. Should work begin without the fl agman and inspector present, the work will be halted and any casing insta lled will be abandoned in place, pressure grouted full , and capped to the satisfaction of SBCT A.

23. The contractor shall submit to SBCTA/SCRRA for rev iew, drawings and calculations for any shoring that may affect or be influenced by the railroad tracks. All shoring designs shall compl y with the requirements of, and be approved by, SBCTA and/or the affected operating railroad. All drawi ngs and ca lculations sha ll be signed and stamped by a Californ ia licensed Civil or Structural Professional Engineer.

24. Prior to commencement of work, the contractor sha l I submit to SBCT A/SCRRA for rev iew, load ca lculations fo r the proposed j acking casing with appli ed load as defined by Cooper E-80 with a 50% added impact load. The ca lculati ons sha ll be signed and stamped by a Ca lifo rnia licensed Civil or Structural Professiona l Engineer.

25. Should gro und water or loose or unstable soi ls conditions be encountered during construction, the contrac tor shall immedi ate ly stop work, notify the railroad fl agman, provide necessary structural support to track and other railroad structures, and notify the affected operating ra ilroads and SBCTA. It sha ll be the responsibility of the contractor to make necessary corrections to the construction process to a llow fo r said conditions.

26. All underground uti lities under railroad tracks sha ll be encased in a larger pipe or conduit called the "casing pipe". Sa id casing pipe sha ll be insta lled across the entire width of the Ex hibit "D" - Additional Requirements
City of Redlands 4
SBCTA Contract No. 23-1 002930
File No. __ _
Redlands Regular meeting of 07-16-24 596 of 2362
Exhibit "D"
railroad right-of-way and sha ll extend beyond the ri ght of way a minimum of 10-feet. The top of the casing shall have a minimum depth of 6-fee t below the top of tie and a minimum depth of 5-feet below ground surface inc luding bottom of ditches and other low points within the railroad right-of-way. All ends of the casing pipe shall be sealed unless otherwise authorized by SBCTA. Casing and carrier pipes sha ll be constructed to prevent leakage of any substance. When casing pipes are sealed at each end, vent pipes shall be installed. All casing pipes shall be installed with a minimum slope of 1 %. Installation of casing pipes by open trenching is prohibited.

27. Abandoned pipes shall be removed from the ir casing pipes. The empty casing pipe sha ll be pressure grouted full fo r the entire length of the pipe. Should there be no casing pipe; the abandoned pipe sha ll be pressure grouted fu ll the entire length of the pipe. A SBCTA I SCRRA inspector must be present during the gro uting process.

28. Casing jacking shall adhere to the fo llowing requirements:
a. This method shall be in accordance with the American Ra ilway Engineering and Ma intenance of Way Assoc iation recommended practices, Volume I, Chapter I, Part 4, "Earth Boring and Jacking Cul vert Pipe Through Fills." This operation sha ll be conducted without hand-mining ahead of the pipe and without the use of any type of boring, augering, or drilling equipment.
b. Bracing and backstops and jacks shall be designed and used with suffi cient rating so that the jacking can progress without stoppage (except for adding lengths of pipe) until the leading edge of the pipe reaches the rece iving pit. c. During jacking, an earth plug 1.5 times the di ameter of the casing sha ll be maintained at a ll times. Jacking operations sha ll be continuous on a non-stop, 24- hour per day basis until the jacking operation is completed.

29. Casing boring shall adhe re to the fo llowing requirements:
a. This method consists of pushing the pipe into the fill with a boring auger rotating within the pipe to remove the spoil. When augers or similar devices are used for casing repl acement, the fro nt of the pipe sha ll be provided w ith mechani cal arrangements or devices that will positive ly prevent the auger from leading the casing so that there will be no unsupported excavation ahead of the casing. The auger and cutting head arrangement sha ll be removabl e from within the pipe in the event an obstruction is encountered. The over-cut by the cutting head shall not exceed the outside diameter of the pipe by more than one-half inch. The face of the cutting head shall be arranged to prov ide reasonable obstruction to the free fl ow of soft or poor material.
b. The use of water or other liquids to fac ilitate casing placement and /or spoil removal is prohibited.
c. Plans and descriptions of the auger stop arrangement to be used shall be submitted to SBCTA I SCRRA fo r approval prior to commencement of work.

Exhibit "D" - Additional Requirements
City of Redl ands
SBCTA Contract No. 23-1 002930
Fil eNo __ _
Redlands Regular meeting of 07-16-24 597 of 2362
Exhibit "D"
d. Any method which employs simultaneous boring and jacking or drilling and jacking for pipes over 8-inches in diameter that does not adhere to the above requirements will not be permitted. For casings 8-inches and smaller in diameter, augering or boring without the same requirements may be considered if approved by SBCTA/SCRRA.

30. If an obstruction is encountered during installation of the casing pipe that wi ll stop the forward action of the pipe, and it becomes evident that it is impossible to advance the pipe, operations will cease and the pipe shall be abandoned in-place and pressure grouted full before continuing with work. Location, length, and depth of abandoned casing pipes and carrier pipes shall be shown on the as-bui lt drawings.

31. Bored or jacked installations shat I have a bored-hole diameter essentially the same as the outside diameter of the casing plus the thickness of the protective coating. If voids should develop or if the bored-hole diameter is greater than the outside diameter of the casing pipe, plus coating, by more than approximately I-inch, grouting or other methods as approved by SBCTA/SCRRA shall be employed to fill such voids.

32. Pressure grouting of the soi ls before or durin g jacking or boring may be required to stabilize the soi l, control water, prevent loss of material, and prevent settlement or displacement of the ground and/or tracks. Grout shall be cement, chemical or other special injection material selected to accomplish the necessary stabilization. The grouting contractor shall be a specialist in the field with a minimum of 5-years continuous experience of successfully grouting soil. Materials to be used and the method of injection shall be prepared by a California licensed Geotechnical Engi neer, or by an experienced and qualified company specializing in this work and submitted for approval by SBCT A/SCRRA prior to the commencement of work. Proof of experience and competency shall accompany the submission.

33. When water is known or expected to be encountered, pumps of sufficient capacity to handle the flow shall be maintained at the site and be constantly attended operationally on a 24- hour per day basis until the SBCTA/SCRRA inspector determines their operation can be safely halted. When dewatering, close observation shall be maintained to detect any settlement or displacement of track, ground, or facilities.

34. The dewatering system shall lower and maintain the ground water level a minimum of 2- feet below the invert at all times during construction by utilizing we ll points, vacuum well points, or deep wells to prevent the inflow of water or water and soil into the heading.

Ground water observation wells may be required to demonstrate that the dewatering requirements are being complied with.

35. The proposed methods of dewatering shall be submitted to SBCTA/SCRRA prior to the commencement of work. The discharge from the dewatering operations in the vicinity of the railroad shall be carefull y monitored. Should excessive fine soils particles, pollutants, or hazardous materials or fluid s be observed at any time during the dewatering process, the dewatering sha ll be halted immediately and cannot resume until the unsatisfactory condition is remedied to the satisfaction of the SBCTA/SCRRA inspector.

Exhibit "D" - Additional Requirements
City of Redlands 6
SBCTA Contract No. 23-1 002930
FileNo __ _
Redlands Regular meeting of 07-16-24 598 of 2362
Exhibit "D"

36. All backfilling shall be at 90% relative dry compaction. For areas within or that affect the railroad right-of-way, the contractor shall submit a compaction report prepared by a Califo rnia licensed Geotechnical Professional Engineer prior to release of any deposited fund balance.

37. The Contractor shall remove all temporary fac ilities constructed on the railroad right-ofway, debris, and other items not originally at the site prior to construction and shall notify SBCTA and any affected operating railroad that all construction has been completed. After as-builts have been received, SBCTA inspects the construction site and signs-off the work, SBCTA will release any unused deposit fund s it holds. Contractor shall be responsible to arrange refund s due from any affected operating ra ilroads.

38. A minimum of fi ve feet (5 ') clearance is required above signal and commun icati on lines for overhead crossings.

39. Poles for any use within the railroad right-of-way must be located fifty-feet (50') out from the centerline of the railroad main, branch and running tracks, CTC sidings, and heavy tonnage spurs. Pole locations adj acent to industry track must prov ide at least a ten foot (IO') clearance from the centerline of track, when measured at right angles. If located adj acent to curved track, then said clearance must be increased at the rate of 1.5 inches per degree of curved track.

40. Regardless of the vo ltage, un-guyed poles shall be located a minimum distance from the centerline of any track, equal to the height of the pole above the ground- line plus ten feet (IO'). If guying is required, the guys shall be placed in such a manner as to keep the pole from leaning/fa lling in the direction of the tracks.
4 1. Poles must be located a minimum distance from the railroad signal and communication line equal to the height of the pole above the ground-line or else be guyed at right angles to the lines. High vo ltage towers (34.5 kV and higher) must be located off railroad ri ghtof-way.

42. Grade crossings or temporary grade crossing must not be installed under or within fivehundred feet (500') of the end of any railroad bridge, or three hundred feet (300') from the centerline of any culvert or switch area.

43. For overhead crossings, complete spanning of the property is encouraged with supportive structures and appurtenances located outside of the railroad property. For electri c supply and communication lines, normally the crossing span shall not exceed one-hundred fiftyfeet ( l 50') with adj acent span not exceeding 1.5 times the crossing span length. For heavier type construction, longer spans wi ll be considered.

44. To ensure that overhead crossings are clear from contact with any equipment passing under such wires, communication lines shall be constructed with a minimum clearance above top of rail of twenty-eight feet (28') .. Electric lines must have a fluorescent ball marker on low wire over centerli ne track.

45. The utility owner will label the poles closest to the crossing with the owner's name and telephone number for emergency contact.

46. Overhead fl ammable and hazardous materi al lines are prohibited.

Exhibit "D" - Additional Requirements
City of Redlands 7
SBCTA Contract No 23-1 002930
FileNo __ _
Redlands Regular meeting of 07-16-24 599 of 2362
Exhibit "D"

47. Because inductive interfe rence from certain types of lines have the potentia l to disrupt the railroad signa l and communication systems causing fa ilures with the signals, communication, and at-grade crossing warning devices, . SBCTA may require that an inductive coordination study be performed prior to approva l of the permitted use at the expense of the utility owner for proposed electrica l lines crossing tracks.

48. Joint-use construction is enco uraged at locations where more than one uti lity or type of fac ility is invo lved. However, electric ity and petroleum, natura l gas or other fl ammabl e materials shall not be combined.

Exhibit "D" - Additional Requirements
City of Redlands 8
Contract SBCT A
&;.

Initials
SBCTA Contract No. 23-1002930
Fi le No. __ _
Redlands Regular meeting of 07-16-24 600 of 2362
Master License Agreement
City of Red lands
Exhibit "E"

CONTROL MASTER LEDGER
[To Be Inserted]
SBCT A Contract No. 23-1 002930
Redlands Regular meeting of 07-16-24 601 of 2362
Exhibit "E"

CITY OF REDLANDS
MLA LICENSE AGREEMENT# 23-1002930

CONTROL MASTER LEDGER
Utility
Project/ SUPERCEDED ANNUAL ANNUAL
Location CONTRACT Description NEAREST Original/SCRRA DIMENSIONS & ADMIN USE No. NO. of Facility Facility Type CITY STREET SUBDIVISION MILE POST AREA FEE ** FEE * 1 RRND007394 Potable 8" 10 Gauge DIP Redlands University St to Red lands 9.76 to 10.40 3,240' (L) x 10' {W) $1,200 * Waterline Judson St 32,400 sq. ft .
.

GRAND TOTAL $1,200 $0
Notes:
*
**
Annual Use Fees are exempt for this Master License pursuant to Policy 31602 IX.C.8 due to the licensee being an incorporated city within San Bernardino County.

Administrative Fees by location is for illustrative purposes only and not specific to specific individual locations but rather based upon the total number of locations. Base Admin Fee is established by SBCTA Resolution 14-027 at $1,200 per location and a discount is provided for Master License Agreement Administrative Fees based upon the total number of locations per SBCTA Resolution 20-051.

Master License Agreement
City of Redlands
SBCT A Contract No . 23 -1 002930
Redlands Regular meeting of 07-16-24 602 of 2362
Master License Agreement - City of Redlands
Location Map .

C o p y r ig h t n e a r m a p 2 0 1 5
Location 8
Mountain View Ave
Location 2
California St
Location 3
New York St
Location 5
6th St
Location 7
Texas St
Location 6
University St
Location 10
Eureka St
Location 4
Colton Ave
Location 9
Alabama St
Location 11
Orange St
Location 12
7th St
Location 13
9th St
Location 1
University St
to Judson St
Redlands Regular meeting of 07-16-24 603 of 2362
City Council Meeting H. 17.

DATE: 07/16/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Professional Services Agreement with Willdan Engineering for code enforcement services for an amount not-to-exceed $160,000 (Facilities and Community Services Director Crocker)
MOTION(S):

If the City Council determines that this request is appropriate, the following motion is provided:

I move that the City Council approve a Professional Services Agreement with Willdan Engineering for code enforcement services in an amount not-to-exceed $160,000.

1. RECOMMENDATION:

Staff recommends City Council approve a Professional Services Agreement with Willdan Engineering for code enforcement services in an amount not-to-exceed $160,000.

DISCUSSION:

The Code Enforcement Division is responsible for improving the quality of life, protecting property values, and ensuring the health and safety of our community through fair and consistent enforcement of the Redlands Municipal Code. Such enforcement activities include, but are not limited to, enforcement of codes related to property maintenance, graffiti, inoperative vehicles, unsafe conditions, unsafe buildings, un-permitted (unsafe) construction, and the eradication of neighborhood blight.

The Facilities and Community Services Department has priorities included in the FY 2024-25 budget that require additional code enforcement services. The agreement will allow for expanded monitoring and citing of sidewalk vendors, Redlands Regular meeting of 07-16-24 604 of 2362
blight, priority cases, and general property cases.

In addition, the City was awarded the Local Assistance Grant from CalRecycle to assist with the compliance with Senate Bill (SB) 1383, related to Mandatory Organic Waste Disposal Reduction. This agreement will provide for contracted staff to conduct organic waste inspections, writing inspection reports, and providing technical assistance to organic producers and handlers.

On April 9, 2024, staff issued a Request for Proposals (RFP) for professional services to perform code enforcement services. Nine vendors were solicited, and one responsive bid from Willdan Engineering was received on April 30, 2024.

In accordance with Chapter 2.16.180 of the City's Municipal Code, an evaluation committee reviewed and rated the proposal based on the firm's demonstrated competence and professional qualifications in accordance with specific evaluation criteria identified in the RFP. Willdan Engineering was identified as qualified to perform the tasks as outlined in the scope of services. City staff negotiated a reasonable consultant fee and is recommending the City Council approve an agreement with Willdan Engineering for an amount not-to-exceed $160,000.

ALTERNATIVES:

The City Council may elect not to approve the agreement. However, this will prolong the time required to address code enforcement and other regulatory concerns.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
Redlands Regular meeting of 07-16-24 605 of 2362
PREPARED BY:

Joe Bierma, Administrative Analyst
Fiscal Impact
Fiscal Year: FY 2024-25
Amount: $160,000
Budgeted Y/N: Yes
Account No.: 101306, 511910
Discussion:

Sufficient funding for this service is included in the Code Enforcement (101306) and Solid Waste (511910) operating budget for Fiscal Year 2024-25 as approved by City Council.

Attachments
Agreement with Willdan Engineering
Redlands Regular meeting of 07-16-24 606 of 2362
1 I:\cmo\Agreements\Willdan Engineering Agreement FY23-0127.docx-ms

AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of Code Enforcement Services (“Agreement”) is made and entered in this 16
th day of July, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Willdan Engineering, a California corporation. (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONSULTANT

1.1 City hereby engages Consultant to provide Code Enforcement services for City (the “Services”).

1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services.

ARTICLE 2 – SERVICES OF CONSULTANT

2.1 The Services that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.

2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City designates Tabitha Crocker, Facilities & Community Services Department Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.

4.2 The term of this Agreement shall be for a period of one (1) year commencing as of July 1, 2024, unless terminated earlier as provided herein.

Redlands Regular meeting of 07-16-24 607 of 2362
2 I:\cmo\Agreements\Willdan Engineering Agreement FY23-0127.docx-ms

4.3 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council-adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONSULTANT

5.1 Compensation: Total compensation for Consultant’s performance of the Services shall not exceed the amount of One Hundred Sixty Thousand Dollars ($160,000). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “B,” titled (“Fee Schedule”) which is attached hereto and incorporated herein by reference.

5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.

5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:

CITY: CONSULTANT:

City Clerk Vanessa Munoz, President/CEO
City of Redlands Willdan Engineering
35 Cajon Street 650 E. Hospitality Lane, Suite 400
P.O. Box 3005 (mailing) San Bernardino, CA 92408
Redlands, CA 92373 [email protected]
[email protected] Phone: 714-940-6300
Phone: (909) 798-7531 Fax: 714-940-4920
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant.

Consultant shall provide City with certificates of insurance and endorsements evidencing Redlands Regular meeting of 07-16-24 608 of 2362
3 I:\cmo\Agreements\Willdan Engineering Agreement FY23-0127.docx-ms such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.

D. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or selfinsurance maintained by City.

E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor.

6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, Redlands Regular meeting of 07-16-24 609 of 2362
4 I:\cmo\Agreements\Willdan Engineering Agreement FY23-0127.docx-ms interest in real property or investment that would be affected in any manner or degree by the performance of Consultant’s Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant:

A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of inhouse counsel by a Party.

8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City’s immediate termination of this Agreement.

8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein Redlands Regular meeting of 07-16-24 610 of 2362
5 I:\cmo\Agreements\Willdan Engineering Agreement FY23-0127.docx-ms set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.

8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant.

8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained Redlands Regular meeting of 07-16-24 611 of 2362
6 I:\cmo\Agreements\Willdan Engineering Agreement FY23-0127.docx-ms herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.

CITY OF REDLANDS WILLDAN ENGINEERING
By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Vanessa Munoz, President/CEO
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular meeting of 07-16-24 612 of 2362
7 I:\cmo\Agreements\Willdan Engineering Agreement FY23-0127.docx-ms EXHIBIT "A"

SCOPE OF SERVICES
Services will include, but are not limited to:

A minimum of one (1) full-time Code Enforcement Officer to perform as-needed services for the City. Depending on the needs of the City, the number of staff may be increased to two full-time and one part-time officer. The assigned officer(s) shall be dedicated to working in partnership with residents, tenants, landlords, and business owners to promote and maintain a safe and desirable living and working environment. The assigned officer(s) shall work toward a goal of resolving problems efficiently and safely. Additionally, they shall have experience in investigative practices that aid in substantiating the validity of a complaint on a property and in turn addressing verified violations through proper due process noticing.

The assigned officer(s) shall
▪ Comply with the City’s procedures for reporting inspection results and deficiencies. ▪ Use City inspection correction forms.
▪ Complete necessary digital entries that capture site inspection results, case status communications and any documentation of notices provided to responsible parties and stakeholders.
▪ Conduct follow-up inspections as needed.
▪ Maintain records as needed for the efficient and effective operation of the City. ▪ Meet with members of the general public and municipal staff on a daily basis as needed.

The most common areas of concern for the City are as follows:
▪ Blight Enforcement
Through field contact with tenants and property owners, work efficiently in providing guidance to address blighted conditions such as overgrown weeds, trash, debris, and graffiti. ▪ Vendor Enforcement
Education and enforcement of unpermitted vending activity, generate inspection reports, issue Administrative Citations to vendors. Specifically related to enforcement of unpermitted vending ordinances on municipality-owned or controlled property such as parks, public rights of way (sidewalks) and areas outside the permitted vending spaces. ▪ Sign Enforcement
Ensuring signage, advertisements, and public notices comply with established guidelines and regulations, fostering a well-informed and compliant community.

Redlands Regular meeting of 07-16-24 613 of 2362
8 I:\cmo\Agreements\Willdan Engineering Agreement FY23-0127.docx-ms ▪ Rental Housing Enforcement
Assist with the inspection of residential rental properties on a routine and comprehensive basis to assure the overall quality of the unit meets the requirements of the Health and Safety Code and property maintenance guidelines. This includes educating property owners, property managers, and tenants about those requirements.

Organics Inspection Services
Perform inspection site visits, including lid flipping of residential and commercial containers.

Coordinate regular on-site inspections and evaluations of residential and business recycling efforts for compliance with SB 1383.

Record keeping; track compliance levels; addresses visited, and letters issued.

Ensure all residents and businesses have a green organic waste bin or the required 60-gallon (Tan) organics containers for businesses.

Qualifications
Code Enforcement personnel shall be certified through the International Code Council, CACEO, and/or other various training programs offered through accredited institutions. In addition, personnel shall a PC832.

Scheduled Hours of work
The assigned code enforcement officer(s) will work a 5/40 schedule from Tuesday through Saturday. The hours of work may fluctuate between 8 am and 4:30 pm and 1pm to 9 pm to address vendor enforcement in the afternoon, evening and weekend hours. Changes to the set schedule will be made with a minimum of two weeks’ notice.

Redlands Regular meeting of 07-16-24 614 of 2362
9 I:\cmo\Agreements\Willdan Engineering Agreement FY23-0127.docx-ms EXHIBIT "B"
Fee Schedule
Willdan shall provide contract code enforcement services to the City of Redlands for a flat hourly rate based on the rate schedule below. All contract code enforcement services shall be billed at the Code Enforcement Officer rate for all services outlined in the Scope of Work.

In the case additional services are requested during the term of this agreement, the following hourly rates will be applied.

Service Provided Hourly Rate Hourly Rate with Vehicle
Code Enforcement Officer $75 $85
Code Enforcement Officer II $85 $95
Code Enforcement Officer II $95 $105
Code Enforcement Officer II $115 $125
Code Enforcement Officer II $135 $145
Overtime Billed at 1.5 times the hourly rate
Redlands Regular meeting of 07-16-24 615 of 2362
10 I:\cmo\Agreements\Willdan Engineering Agreement FY23-0127.docx-ms EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

WILLDAN ENGINEERING
By: Date: ___________________
Vanessa Munoz, President/CEO
Redlands Regular meeting of 07-16-24 616 of 2362
City Council Meeting H. 18.

DATE: 07/16/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Accept the sculpture artwork donation "Reflections" by artist Saim Caglayan, from Tampa Tarzana, LLC (Facilities and Community Services Director Crocker)
MOTION(S):

If the City Council agrees with the Commission's recommendation, the following motion has been provided:

I move that the City Council accept the donation of the sculpture artwork Reflections.

RECOMMENDATION:

Commission Recommendation:

At their regular meeting on May 9, 2022, the Cultural Arts Commission (Commission) unanimously recommended that the City Council accept the donation of this sculpture artwork.

Staff Recommendation:

Staff recommends City Council direct staff accordingly in regard to the donation of the sculpture artwork.

DISCUSSION:

The Cultural Arts Commission (Commission) promotes public interest in the Arts, recommends new art programs and funding for those programs, and recommends to the City Council policies to encourage, develop, and support the arts in Redlands. The Commission also advises the City Council on the administration of the City's Art in Public Places program.

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In 2020, the City Council adopted Resolution No. 8069 establishing a donation acceptance policy that provides for uniform criteria and procedures to guide the review and acceptance of donations, confirm that the City has relevant and adequate resources to administer such donations and ensure that the City appropriately acknowledges the generosity of the donor. Per the Policy, all donations will be evaluated by the City prior to acceptance to determine whether the donation is consistent with the corresponding department or program’s mandate; is in the City’s best interest; and is consistent with applicable City laws, policies, ordinances, and resolutions.

Early in 2022, representatives of Tampa Tarzana, LLC, owners of La Farge Plaza (Owners), contacted one of the Commission members with a proposal to donate the subject artwork. The current location of the artwork is within the interior of La Farge Plaza, located on the northwest corner of the intersection of Eureka Street and West State Street. The Owners indicated that at sometime in the near future La Farge Plaza would be undergoing development changes, and they expressed interest in donating the piece to the City. Early in 2024, the Owners contacted the Commission member again and indicated they were ready to move forward with their plans for renovation and were interested in donating the artwork at this time.

Titled Reflections, the artwork by Saim Caglayan is composed of four white Carrara marble slabs, with black marble strips on the edges of the white marble.

Joan Dotson, a Redlands resident that served eight years on the Redlands Planning Commission was personally responsible for the installation of five sculptures in public places in the City. One of the five pieces was Reflections by Saim Caglayan, which was commissioned in 1988 and placed as a fountain sculpture within the center of La Farge Plaza. Those five art pieces then inspired the Cultural Arts Commission in the 1980s to bring more public art to Redlands.

At their regular meeting on May 9, 2022, the Commission moved to recommend that the City Council accept the donation of the artwork titled Reflections from Saim Caglayan. At their regular meeting on May 13, 2024, the Commission voted unanimously to recommend the City Council that the sculpture artwork be installed at either the northwest corner of Center Street and Brookside Avenue or on the State Street side of the facility located at 300 E. State Street. The Commission also recommended that lighting be integrated into the display of the artwork and an informational plaque be placed in recognition of the artist and the long-term history of the artwork. The art has been appraised by the owner at a value of $96,000.

Both of the recommended locations currently have improvements underway, and authorization to install the artwork may be required. Therefore, staff recommends that if the City Council approve the donation of the artwork, the artwork will be stored until such time that a report can be brought to City Council for consideration of installation locations.

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ALTERNATIVES:

City Council may elect not to accept the donation and provide alternative directions for staff.

STRATEGIC PLAN:

Supports Priority A - Quality of Life; Strategic Objective 1 - Beautification, Arts and Culture
SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Department Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Joe Bierma, Administrative Analyst
Fiscal Impact
Fiscal Year: FY 2024-25
Amount: $5,000.00
Account No.: 101300
Discussion:

The cost of materials and labor related to the removal and storage of the sculpture artwork is estimated at $5,000. Sufficient funding for this expense is included in the Facilities & Community Services operating budget for Fiscal Year 2024-25 as approved by City Council.

Attachments
A. Donation Form
B. Reflections Photo and Artist Information
C. Proposed Installation Locations
D. Resolution 8069 Donation Policy (Reference)
Redlands Regular meeting of 07-16-24 619 of 2362
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ABOUT THE ARTIST – SAIM CAGLAYAN
Saim Caglayan was born in Istanbul, Turkiye and came to the United States in 1968 to study architecture. A�er three years his interest changed and he went on to complete his BA in Sculpture from California State University, Long Beach. For over twenty years he taught art at various California Community Colleges.

His love of landscape pain�ng in 1996 mo�vated him to create Laguna Plein Air Painters Associa�on. His goal was to revive the tradi�on of the early California painters who lived and painted in and near Laguna Beach. Today LPAPA, a nonprofit, has become a well-respected art organiza�on throughout the country.

Public Sculpture and Pain�ng Collec�ons
King Kaumuali‘i, Pua‘ula‘ula State Park, Waimea,
Kaua‘i
Kahala Resort, Oahu, Hawaii
Shell Oil Company, LaJolla, CA
Aitoku, Konan, Japan
Cra�on Hills College Learning Center, CA
Fes�val of Arts Office, Laguna Beach, CA
La Farge Plaza Fountain, Redlands, CA
St. Joseph’s Hospital of Orange, CA
Santa Rosa Memorial Hospital, CA
Memorial to the Sisters of St. Joseph, CA
Toastmasters Interna�onal
Anitkabir Mausoleum of Ataturk, Turkey
Museum and Art Exhibi�ons
Laguna Art Museum California Open
Laguna Art Museum LPAPA invita�onal
San Bernardino County Art Museum California
Orange County Museum of Art
Fes�val of Arts, Laguna Beach
La Quinta Arts Fes�val
La Quinta Arts Founda�on Desert Air
Curator, San Bernardino County Art Museum,
Women Sculptors of Southern CA Exhibit
Juror, Fes�val of Arts, Laguna Beach
Juror, San Bernardino County Art Museum
Juror, Golden West College Exhibit
Juror, Seal Beach Art Associa�on
Juror, San Clemente Art Associa�on
htp://www.saimcaglayan.com/

htps://www.facebook.com/ARTofSAIM/
htps://www.instagram.com/saim_caglayan_art/?hl=en
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PROPOSED LOCATION – 700 BROOKSIDE AVENUE (MUSEUM OF REDLANDS) PROPOSED LOCATION AT 300 E. STATE STREET (FUTURE CITY HALL FACILITY) Redlands Regular meeting of 07-16-24 623 of 2362
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City Council Meeting H. 19.

DATE: 07/16/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the in-kind support request of $6,848 from Kid's Cures Foundation, for the Downtown Redlands Artwalk to be held on October 27, 2024; a request to close East State and 5th Street; and determine that the approval of the request is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Crocker)
MOTION(S):

If the City Council determines that staff's recommendation is appropriate, the following motions are provided:

I move that the City Council determine that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act; and

1. I move to approve the request for in-kind support for this event; and authorize the temporary street closures on October 27, 2024.

2. RECOMMENDATION:

Staff recommends that City Council determine that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act (CEQA) and approve the temporary street closure of East State St. and 5th St. on October 27, 2024, for the Artwalk event. Additionally, staff recommends that the City Council direct staff accordingly concerning the request for in-kind support.

Redlands Regular meeting of 07-16-24 631 of 2362
DISCUSSION:

The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the City. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. In an effort to provide support for programs that provide a community benefit, the City Council will, from time to time, consider the authorization of in-kind support including the use of city resources and facilities in support of a special event.

The Kid's Cures Foundation has reserved Ed Hales Park for Sunday, October 27, 2024, from 9:00 a.m. to 7:00 p.m., for the Downtown Redlands Artwalk event. They are also requesting approval to temporarily close East State Street from Orange Street to 7th Street and 5th Street from Redlands Boulevard to Orange Street Alley, for the event, from 7:00 a.m. to 8:00 p.m. Additionally, they are requesting in-kind support in the amount of $6,848 for departmental resources including police personnel, and the reservation of Ed Hales Park. The Kid's Cure Foundation anticipates an attendance of 2500 people and the presence of 45 vendors. In 2023, the City Council approved an in-kind support request for $8,344 relating to The Downtown Redlands Artwalk event hosted by the Kid's Cures Foundation held on October 29, 2023. The Kid's Cures foundation is a non-profit organization operating out of the City of Beaumont, CA.

The event is exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15311(c). Section 15311(c), accessory structures Class 11, consists of construction, or replacement of minor structure accessory to existing commercial, industrial, or institutional facilities, including placement of seasonal or temporary use items such as mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks or other facilities designed for public use.

ALTERNATIVES:

The City Council may deny the request or waive a portion of the fees.

STRATEGIC PLAN:

Priority A - Quality of Life, Strategic Objective 1. Beautification, Arts and Culture Redlands Regular meeting of 07-16-24 632 of 2362
SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Department Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Amber N. Davis, Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2024/25
Revenue Generating: No
Appropriation Required Y/N: N
Amount: $6,848.00
Budgeted Y/N: N
Discussion:

Please see the attached "Fiscal Impact" attachment for reference.

Attachments
In-Kind Support Request
Street Closure Request
Park Reservation Request
DTR Closure Map
Verification of NonProfit
Fiscal Impact
Redlands Regular meeting of 07-16-24 633 of 2362
Group/Organization Name:

Event Name:

Event Date(s):

Primary Contact Name & Title:

Mailing Address:

Phone Number:

E-Mail Address:

Is your Group/Organization
a Registered Non-Profit:

Beginning Time: End Time:

No
Yes Non-Profit Federal Tax ID Number:

Describe Your Request:

Location(s):

Rain Out Date:

Traffic (Personnel, equipment, cones, barricades, no-parking Police (Public Safety Personnel)
Fire (Paramedics, Inspectors)
Parks (Cleanup Personnel, Ball Field Lights)
Facility
Refuse/Recycling (Event Receptacles, Roll-Off Service) acquired by Event Organizers through Redlands Customer Service Other
Select and Describe All City Provided Services That May Apply to Your Request :

Does your Group/Organization
Presently Have Liability Insurance?
Has your Group/Organization received fee
waivers from the City in the past?
Yes
No
Department may require smaller events to comply with
City recycling practices as a condition of waiving fees.

Updated /20
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To Be Completed by the City of Redlands
Received By:

I certify that all statements on this application are true and complete to the best of my knowledge.

Signature: Title:

Please Print Your Name: Date:

Proposed Event Previous Event
Actuals
Attendance: Redlands
Residents
Food & Beverage Sales
Merchandise Sales
Ticket/Entrance Fees
Total Revenue
Other
Attendance: NonResidents
Vendors
As a part of our commitment to fiscal responsibility, the City of Redlands gathers data associated with the economic and social benefits associated with . Please provide estimates, as applicable, for your event.

Positive outcomes for your
organization from this
Describe what economic
benefit and impact this
event will bring to the City:

In April 2002, the City Council adopted Resolution 6038, which encourages groups or organizations requesting from the City to use local businesses when procuring goods and services associated with the event. Receipts will need to be submitted through a follow up form. Failure to submit post event documentation (within 15 days) may affect future requests.
:

Redlands Regular meeting of 07-16-24 635 of 2362

PERMIT TO CLOSE STREET FOR SOCIAL EVENT(S)
Date

3. Facilities & Community Services Department
Date

2. Municipal Utilities & Engineering Department

FOR OFFICE USE ONLY
This permit must be signed by the Chief of Police in order to be valid.

1. Chief of Police Date
Event:

Permission to close a street for an event is
subject to the following requirements:

1. Street Closure Diagram MUST be attached. (Failure to submit diagram will result in non-issuance of permit).

2. Event Flyer or Event Description MUST be attached. (Failure to submit flyer or event description will result in non-issuance of permit).

3. Applicant MUST provide insurance coverage per City's requirements (see reverse)

4. Written permission from all residents of the effected portion of the street MUST be attached.

5. No tables or other objects shall be placed on the street surface.

6. No alcohol shall be consumed on the street or City right-of-way outside of a permitted area.

7. Temporary No Parking Signs and barricades shall be supplied and posted by City Staff

8. Affected street(s) shall remain accessible for emergency vehicles and local traffic at all times.

9. This permit pertains only to the closing of the street(s). This permit does not relate to the type of activity, noise, or any other aspect of the event. All other applicable and appropriate ordinances and laws apply.

Permission is hereby granted to:

To close (street names)
Between (street names)
On (date) from (time) am pm to (time) am pm
Address of Applicant:

Signature of Applicant: Phone No.

Condition(s):

Event Description:

Staff Notes:

Event times -

4. Risk Management Division Date
Street Closure time: From __________ am pm To _________ am pm Redlands Regular meeting of 07-16-24 636 of 2362
CITY OF REDLANDS – FACILITIES & COMMUNITY SERVICES DEPARTMENT

FORMAL PARK RESERVATION REQUEST
35 Cajon Street, Suite 222, P.O. Box 3005, Redlands, CA 92373 (909) 798-7655 Reservations taken year-round. No reservations made without fees/deposit paid and completion of form.

Date/Time of Activity _________________________ Date/Time of Set-up_____________ Estimated Attendance _____ Requested Park: Brookside Community Crafton Ed Hales Ford Jennie Davis Prospect Smiley Sylvan Texonia Other_______________ Name of Organization/Individual ____________________________________________________________________ Address ___________________________________________ City _____________________ State _____Zip _______ Phone (W/H) _____________________(C) ____________________ (Email) _______________________________ Nature of activity (describe in detail): _________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ City Department Redlands Resident Non-Redlands Resident Type of Equipment Set-up by Event Coordinator(s)
Tables Chairs EZ Ups Decorations Flowers Food Stereo Porta Potty Temporary Trash Bins Other
Type of Vendor/Service
Jumper Caterer Clown Face painter Police Fire Other
Per Municipal Code 12.44.050 Outside sales are not allowed without express permission by the Quality of Life Director.

Per Municipal Code 12.44.190 No person shall cook or prepare on areas except for those specifically designated.

Per Municipal Code 5.04.090 All vendors are required to have a current business license with the City of Redlands. ________ Gazebo Times: __________ am/pm to ______ am/pm Total Hours ___ Sylvan Park Picnic Areas
_____ Section “A” (select tables desired)
1 2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18
19 20 21 22 23 24 25 26
_____ Section “C” (select tables desired) ________ Covered Picnic Area Times:_____ am/pm to ______ am/pm Total Hours ___ 1 2 3 4 5 6 7
Application for Amplified Sound/Other Equipment
Type of amplification/other equipment ________________________________________________________________________________________ Nature of Use _____________________________________________________________ Time of day to be used ________ am/pm to _______ Chapter 12, Redlands Municipal Code Applicant shall comply with all City laws governing use of Redlands parks. Applicant shall defend, indemnify and hold harmless the City and its respective officials, officers and employees from and against any and all claims, lawsuits, damages, losses, injuries, costs and liabilities for injury (including death) to persons or property arising from or associated with applicant’s and applicant’s officers’, employees’, agents’ and invitees’, negligent or intentionally wrongful acts or omissions in conducting applicant’s activity allowed by the approved reservation request (Permit). Applicant Initial NOTE: This permit is subject to immediate cancellation by any Police Officer or agent of the City who determines that any provision(s) of the City’s Municipal Code have been violated.

Applicant may be required to provide the City, for review and approval, certificates of insurance for public liability insurance to protect against loss from liability for damages on account of bodily injury and property damage arising from applicant’s activity. Such insurance shall name on the policy or endorsement, as additional insureds, the City of Redlands and its respective elected officials, officers, employees and agents. Such insurance shall include not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate of comprehensive general liability insurance, including bodily injury and property damage coverage, together with such other additional coverage as the City’s Risk Manager may determine to be prudent. Insurance coverage shall be maintained for the duration of applicant’s activity. Proof of Insurance Policy No. _______________________ Insurance Company ________________________________ Signature of Applicant Date

OFFICE USE ONLY
_ ____ Approved ____ Not Approved Authorized Signature __________________________ Date ______ Requirements: ____________________________________________________________________________________ _________________________________________________________________________________________________ Electricity
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DTR Artwalk Street Closure
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In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by Resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event. The departmental charges are costs outside of normal City operations that would not be incurred by the City if the special event was not taking place.

Departmental Charges
(Personnel & Equipment) 2024 Amount Type 2023 Amount
Police Personnel1$4,864.00 Hard Cost $5,450.00
Fire Personnel1$0.00 Hard Cost $0.00
Facilities & Community Services Personnel1$1,200.00 Hard Cost $2,800.00 Personnel & Equipment Subtotal $6,064.00 $8,250.00
Fees Established by City Council
Resolution
Park Reservation $94.00 Soft Cost 94.00
FCS Equipment $690.00 Soft Cost
Fire Equipment $0.00 Soft Cost
Fees Subtotal
Total Departmental Charges and Fees $784.00 $94.00
$6,064.00 (hard)
$784.00 (soft)
$6,848.00 (Total)
$8,250.00
$94.00
$8,344.00
1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.

The following table summarizes the total estimated costs associated with the use of City resources and waiver of fees approved for events scheduled during Fiscal Year 2024-25 to date:

TABLE 2: FY 2024-25 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
Waiver
Amount
Net
Amount
$0.00 $0.00 $0.00 $0.00 $0.00
Redlands Regular meeting of 07-16-24 643 of 2362
City Council Meeting H. 20.

DATE: 07/16/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request to hold Vibe Health and Wellness Festival event hosted by University of Redlands, Alliance For Community Transformation and Wellness (ACTW) on September 29, 2024, within Sylvan Park and the surrounding area; authorize street closures related to the event; approve a request for in-kind support in the amount of $13,820 related to the event and determine that the approval of the request is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
MOTION(S):

If the City Council determines that the requests are appropriate, the following motions are provided:

I move that the City Council determine that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State’s guidelines implementing the California Environmental Quality Act; and

1. I move to authorize the expenditure of city resources and in-kind support related to this event, and approve the associated street closures.

2. RECOMMENDATION:

Staff recommends that City Council determine that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act (CEQA). Staff further recommends that the City Council direct staff accordingly concerning the request for in-kind support and approve the temporary street closures related to the event.

DISCUSSION:

Redlands Regular meeting of 07-16-24 644 of 2362
The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the City. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. In an effort to provide support for programs that provide a community benefit, the City Council will, from time to time, consider the authorization of in-kind support including the use of city resources and facilities in support of a special event.

The Alliance For Community Transformation and Wellness has reserved Sylvan Park for the annual Vibe Health and Wellness Festival event on Sunday, September 29, 2024, from 6:00 a.m. to 1:00 p.m. This request also includes the temporary closure of portions of East High Avenue, Division Street, East Park Avenue, North University Street, Sylvan Boulevard, North Grove Street, East Brockton Avenue, and Chapel Street for a 5k family fun run as well as the in-kind support in the amount of $13,820 for departmental resources including Police personnel, and Facilities and Community Services personnel and equipment, and the reservations for Sylvan Park. Alliance For Community Transformation and Wellness is a non-profit organization operating out of the City of Redlands, CA. According to the submitted application, the event will highlight the eight domains of health and wellness.

Furthermore, the event is exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15311(c). Section 15311(c), accessory structures Class 11 facilities, consists of the construction, or replacement of minor structure accessory to existing commercial, industrial, or institutional facilities, including placement of seasonal or temporary use items such as mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks or other facilities designed for public use.

ALTERNATIVES:

The City Council may elect to deny the request and direct staff accordingly.

STRATEGIC PLAN:

Priority A - Quality of Life, Strategic Objective 1. Beautification, Arts and Culture

Redlands Regular meeting of 07-16-24 645 of 2362

SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Department Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Amber N. Davis, Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2024/25
Revenue Generating: No
Appropriation Required Y/N: N
Amount: $13,820.00
Discussion:

Please see the "Fiscal Impact" for reference.

Attachments
In-Kind Support Request
Park Reservation Request
Street Closure Request
Street Closure Map
Verification of NonProfit
Traffic Diversion Plan
Fiscal Impact
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