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
,
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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
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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:
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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
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CITY:
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ATTEST.
- City Cle k
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Approved as to Form:
01)1A4/--.7 i
City Attorney
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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
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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
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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
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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
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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