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Azure Hills Seventh Day Adventist Church 1983-32 • AGREEMENT THIS AGREEMENT is made and entered into this 26th day of October , 1983 by and between the CITY OF GRAND TERRACE, hereinafter referred to as "City" , and the AZURE HILLS SEVENTH DAY ADVENTIST CHURCH, hereinafter referred to as "Church" . RECITALS WHEREAS, City is constructing a fire station and desires to have access to said fire station through and across Church' s parking lot for the use of emergency vehicles only, and WHEREAS , Church desires to make certain improvements to Church' s parking lot and desires to obtain assistance in funding said improvements, NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows. COVENANTS 1 Ingress and Egress . Church agrees to grant access for ingress and egress purposes to City' s fire station for emergency vehicles only, in addition, Church agrees to execute any and all necessary documents to effect this purpose upon request by City That portion of Church' s property to which City emergency vehicles shall have the right of ingress and egress to and from the fire station is more specifically described on Exhibit "A" attached hereto and incorporated herein 2 . Parking Lot Improvements. City agrees to have the Im- provements enumerated on Exhibit "B" attached hereto and , { p incorporated herein completed within one year from the date of this agreement. 3. Church's Share of Construction Costs. Church agrees to reimburse City for the Church' s share of the total cost of said improvements as shown on Exhibit "B" within thirty (30) days after receipt of an itemized statement as presented by the contractor constructing and installing said improvements, to Church from City. 4. Cost Over Estimate. City agrees that the cost of said improvements shall not exceed by more than ten (10%) the estimated cost of said improvements as shown on Exhibit "B" . 5. Construction Easement. Church agrees to and does hereby grant a temporary construction easement to City of the property described on Exhibit "C" , attached hereto and incorporated herein, for the purpose of construction of said parking lot improvements. This construction ease- ment shall expire and terminate thirty (30) days after City's filing of a "Notice of Completion" on said parking lot improvement project. 6. Construction by Church. Both parties hereto agree that those portions of the parking lot improvement projects as shown on Exhibit "D" , attached hereto and incorporated herein, are to be undertaken and completed by Church within one hundred eighty (180) days of the execution of this Agreement. City agrees that the estimated costs as shown on Exhibit "D" for those portions of workldone and com- ' pleted by Church shall be allocated to Church' s pro rata -2- � I / • j 1 contribution to the costs of the entire parking lot improvement project. Church' s credit shall include materials furnished by it as well as work done by Church. Any such work done by Church shall be done to City specifications and shall be subject to City inspection and approval prior to acceptance by City as complete . 7 . City Services. City agrees to provide the necessary designs, engineering and inspection services for the parking lot improvement project. The cost of said services shall be paid for by City. 8 . Not Agents . Both parties hereto agree that neither party is or shall be an agent of the other party. 9 . Indemnification. Each party hereto shall assume the defense of and indemnify and save harmless the other party, including its officers, employees, consultants and agents from all suits, actions, damages, or claims of every nature and description, resulting by reason of injury to persons or property in or as a result of the construction of said parking lot improvements or resulting from the negligence or carelessness on the part of that party hereto for work which that party has undertaken as a result of this Agreement. 10 . Notices . Notices given to either party shall be in writing and may be served by either hand delivery or by depositing said notice in the United States mail, postage prepaid, addressed as follows: -3- ♦ • e• 0 City: 22795 Barton Road Grand Terrace, California 92324 "Church: 22633 Barton Road Grand Terrace, CA 92324 11. Waiver. Any waiver or a breach of any term or condi- tion of this Agreement shall not constitute a waiver of any subsequent breach of the same or any term there- of . 12 . Amendment. This Agreement shall contain all of the terms and conditions made between the parties and may not be modified except by an agreement in writing signed by both parties . 13 . Time. Time is of the essence of each term and condition of this Agreement. 14 . Assignment. This Agreement shall not be assigned without the written consent of both parties and any other attempted assignment shall be null and void. 15 . Succession. This, Agreement shall be binding upon and ensure to the benefit of the successors and assigns of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CHURCH: are( L®f��% By: By '�E -4- 1 CITY: yo ATTEST. - City Cle k • Approved as to Form: 01)1A4/--.7 i City Attorney -5- / ACCESS TO FIRE STATION INGRESS AND EGRESS EXHIBIT "A" In the City of Grand Terrace, County of San Bernardino, State of California all that portion of Lot 9 as shown on Map of Hermosa Rancho recorded in Book 13, Page 25 of Maps, in the Office of the Recorder of said County, described as follows BEGINNING at the Northeast corner of Parcel 4, of Parcel Map No. 6462 as recorded in Book 77, Pages 55 & 56 of Maps, in the Office of the Recorder of said County THENCE South 16° 25' 43" West along the East boundary of said Parcel 4, a distance of 0 77 feet to the true point of beginning, THENCE South 16° 25' 43" West, a distance of 11 79 feet, THENCE South 01° 13' 00" West, a distance of 18.50 feet, THENCE North 57° 05' 11" East, a distance of 83 72 feet, THENCE North 17° 38'54" East, a distance of 176 54 feet, THENCE North 50° 36' 41" East, a distance of 65 62 feet, THENCE North 00° 11' 00" West, a distance of 37.35 feet to the beginning of a non-tangent curve, concave to the North, having a radius of 1196 28 feet, THENCE Westerly along said curve being the South right-of-way line of Barton Road, through a central angle of 01° 53' 25", an arc length of 39.47 feet to the beginning of a non-tangent curve concave to the West, having a radius of 27 41 feet, THENCE Southerly along said curve through a central angle of 67° 50' 31", an arc length of 32.46 feet, THENCE South 17° 38' 54" West, a distance of 200 35 feet to the beginning of a tangent curve concave to the West, having a radius of 30.30 feet, THENCE Southerly along said curve through a central angle of 39° 26' 17", an arc length of 20.86 feet, THENCE South 57° 05' 11" West, a distance of 48 44 feet to the TRUE POINT OF BEGINNING. THE BASIS OF BEARING FOR THIS EASEMENT DESCRIPTION IS THE CENTERLINE OF MT VERNON AVENUE PER R S 23/25 BEING N 00°00'22" W 41 12 242 EXHIBIT "B" Azure Hills Church Parking Lot - Cost Breakdown & Allocation Item Description Unit Quantity Unit Price Item Price Church City No 5 1 Conc block retaining S F 925 4 00 3,700.00 3,700 00 wall--w'ly side of parking lot 2. Conc block ret wall S.F. 615 4.00 2,460 00 2,460 00 along bldg 3 Conc. curb only 8" L.F. 95 7.50 712 50 712 50 along e'ly s/parking lot 4 Conc curb & gutter L F 62 8 00 496 00 496 00 6" per Std. 116 5 Conc curb only L F 71 7 00 497 00 497 00 6" parking lot 6 Collar around S D Ea 1 150 00 150 00 150 00 connection 7 Catch basin - Std Ea 1 1500 00 1,500 00 1,500 00 Plan No D-72 8 Modify & reinforce Ea 1 500 00 500.00 500.00 exist catch basin 9. 8" Dia VCP (Sched 40) L F 116 24 00 2,784 00 2,784 00 parking lot _ 10 8" Dia VCP (Sched 40) L F 55 16 00 880 00 880 00 Parking lot 11 AC paving, Street Ton 11 35 00 385 00 385 00 Barton Rd in front D/W 12 242 Azure Hills Church Parking Lot - Cost Breakdown & Allocation Item Description Unit Quantity Unit Price Item Price Church City No 12 Cl. 2 Base material Ton 27 10 00 270 00 270 00 @ D/W on Barton Rd (440 S F ) 13 AC paving -parking Ton 340 35 00 11,900 00 11,900 00 lot, excl truck In 14 Cl 2 base, parking Ton 990 10 00 9,900 00 9,900 00 lot excl truck In 15 AC removal parking S F 28,000 0 20 5,600 00 3,200 00 2,400 00 lot, in cl truck In 16 Conc drive approach S.F 450 1 00 25/75 450 00 112 50 337 50 from Barton Rd remove 17 Conc drive approach S F 500 2 75 25/75 1,375 00 343.75 1,031 25 from Barton Rd replace 18 AC paving - parking Ton 221 35 00 7,735 00 7,735 00 lot, truck lane 19 Cl 2 base material truck Ton 527 10.00 5,270 00 5,270 00 lane parking lot 20 Guard rail @ bldg L F 332 4 50 1,494 00 1,494 00 and easement 21 Relocate light Ea 1 500 00 500 00 500 00 22 Wheel stops Ea 36 20 00 720 00 720 00 12.242 Azure Hills Church Parking Lot - Cost Breakdown & Allocation Item Description Unit Quantity Unit Price Item Price Church City No 23. Adjust sewer Ea 1 250 00 250 00 250 00 clean out 24. Relocate fence L S L S. 500 00 500 00 500 00 25 Install 1i" L F 110 4 00 440 00 440 00 waterline 26 Install 2" elect L F 110 4 00 440 00 440 00 conduit 27. Remove stumps L S L.S 500 00 500 00 250.00 250 00 28 Earthwork C Y L.S. L S. 85/15 2,500 00 2,125 00 375 00 29. Striping L S L.S L.S 800 00 800 00 $64,780 50 $43,654 75 $21,053 75 3 AZURE HILLS PARKING LOT SUMMARY OF COSTS Church City Construction costs $43,654 75 $21,053 75 Engineering costs 4,525 00 Total costs 43,654 75 25,578.75 Contingencies 4,365.48 2,557 88 TOTAL COSTS, Est. $48,020 23 $28,136 63 e • • e' S ' e CHURCH PARKING LOT AREA (WORK AREA) EXHIBIT "C" In the City of Grand Terrace, County of San Bernardino, State of California all that portion of Lot 9 as shown on Map of Hermosa Rancho recorded in Book 13, Page 25 of Maps, in the Office of the Recorder of said County, described as follows BEGINNING at the Northeast corner of Parcel 4 of Parcel Map No. 6462 as recorded in Book 77, Pages 55 & 56 of Maps, in the Office of the Recorder of the County of San Bernardino, THENCE South 16° 25' 43" West along the East boundary of said Parcel 4, a distance of 12.56 feet, THENCE South 01° 13' 00" West, along said Parcel, a distance of 50 feet, THENCE South 89° 08' 48" East, a distance of 51 00 feet, THENCE North 52° 42' 14" East, a distance of 133 05 feet, THENCE North 30° 05' 23" East, a distance of 185.85 feet, THENCE North 10° 12' 22" West, a distance of 94 04 feet to a non-tangent curve concave to the North being the South right-of-way line of Barton Road, having a radius of 1196 28 feet, THENCE Westerly along said curve, through a central angle of 06° 42' 02" an arc length of 139 90 feet, THENCE South 20° 41' 40" West, a distance of 191 85 feet, THENCE South 16° 25' 43" West, 78 22 feet to the TRUE POINT OF BEGINNING. THE BASIS OF BEARINGS FOR THIS EASEMENT DESCRIPTION IS THE CENTERLINE OF MT. VERNON AVE. PER R S. 23/25 BEING N 00° 00' 22" W f N ? ' EXHIBIT "D" The Church hereby reserves the right to perform the following construction. 1 . Install the railing after the parking lot construction is complete. 2 . Option to install the 1-2" waterline and 2" electrical conduit. THE COSTS FOR THE ABOVE WORK, IF PERFORMED BY THE CHURCH, SHALL BE DEDUCTED FROM THE CHURCH'S PRO RATA SHARE OF THE CONTRACT AMOUNT