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HomeMy WebLinkAboutContracts & Agreements_18-1978A G R E E M E N T THIS AGREEMENT made and entered into this fh day of 1978, between. the CITY OF REDLANDS, a municipal corporation of the State of California, hereinafter called "CITY", and LUXFER USA LIMITED, a corporation doing business in and under the laws of the State of California, hereinafter called "LUXFER". WITNESSETH WHEREAS, the City of Redlands is the owner of approximately 459 acres of real property located in the City of Redlands, County of San Bernardino, State of California, more particularly described as Parcel 1 in Exhibit A attached hereto and which by this reference is made a part hereof; and WHEREAS, there is located on the aforementioned property certain facilities designed to provide safe areas for various types of potentially dangerous testing prodedures; and WHEREAS, LUXFER, a producer of high pressure gas cylinders is desirous of using from time -to -time said facilities for safety testing of its gas cylinders; and WHEREAS, the CITY is amenable to the use by LUXFER from tune -to -tune as needed of the aforementioned facilities for safety testing of its high pressure gas cylinders. NOW, THEREFORE, it is mutually agreed as follows; 1.0 LUXFER shall: 1.1 Obtain all necessary permits and licenses from appropriate departments or agencies required for such testing. 1.2 Provide at least ten (10) days written notice to CITY of testing dates scheduled by LUXFER at the aforementioned facilities. 1.3 Indemnify and hold CITY harmless from and against all liabilities, judgments, costs, damages, and expenses which may accrue against, be charged to or recovered from CITY by reason or on account of damage to the property of CITY or the property of, injury or death of any person, arising from LUXFER's use of and operations at the aforementioned facilities including acts of its agents, contractor and subcontractors, unless caused by the negligence or willful misconduct of CITY, its agents or employees. 1.4 Have issued and maintain in force at all times during the use of and operation at said facilities, Comprehensive General Liability Insurance with liability limits of not less than $300,000 per occurrence. CITY shall be named as additional insured in the Certificate of Comprehensive General Liability Insurance issued to LUXFER. 1.5 Pay to CITY for each day of testing at the aforementioned facilities the sum of One Hundred Fifty Dollars -2- ($150.00). Such payment is to be made to CITY within thirty (30) days of actual testing. 1.6 Not assign this Agreement to any person, firm or corporation without written consent of CITY, which consent shall not be unreasonably withheld. 2.0 CITY shall: 2.1 Permit LUXFER, upon receipt of appropriate notice as provided in Section 1.2 of this Agreement and subject to Section 2.2, use of the aforementioned facilities for purposes of testing safety valves in high pressure gas cylinders and for procedures directly related thereto. 2.2 Provide to LUXFER within three (3) days after receipt of notice from LUXFER as provided in Section 1.2, notification denying use of said facilities for the particular date or dates requested by LUXFER. Such denial shall only be issued when, in the opinion of CITY, circumstances necessitate it. Such denial shall not be deemed cancellation of said Agreement by CITY unless so stipulated. Failure of CITY to give such notice within the period provided shall be deemed acquiescence by CITY in such requested use by LUXFER. 3.0 Any and all notices or demands shall be in writing. They shall be served either personally or sent by United States mail, and shall be deemed to have been given when personally served or when deposited in the United States mail, certified or registered, with postage prepaid and properly addressed. For Sim the purposes hereof, the addresses of the parties (until such notice of a change thereof given as provided in this Section) shall be as follows: TO LUXFER: 1995 Third Street Riverside, California 92507 TO CITY: City of Redlands Attention: City Manager IT IS FURTHER AGREED THAT this Agreement shall become effective upon the execution thereof by both parties and shall continue until terminated by either party, without cause, upon giving written notice at least days prior to the date of proposed termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials thereunto duly authorized. -4- CITY OF REDLANDS LEGAL DESCRIPTION Parcel No. 1 Beginning at a point which is the northeast corner of the northwest quarter of Section 17, Township 1 South, Range 2 West, San Bernardino Base and Meridian; thence southerly along the east line of the northwest quarter of said Section 17 to a point which bears north 000 32' 30" west 521.30 feet from the southeast corner of Lot 16, Block 14, of Stretch Map of Mentone as same is recorded in Book 8 of Maps, page 81 thereof, records of San Bernardino County; thence north 680 01' west 356.27 feet; thence south 30 51' east 455.14 feet; thence south 150 20' east 376.36 feet; thence south 280 06' east 568.15 feet to a point in the east line of the west half of said Section 17, said point being 700 feet south of the southeast corner of said Lot 16. Block 14 of Stretch Map of Mentone, said point being also in the north line of Florida Avenue, a street of 60 foot right--of-way, as shown on said Stretch Map of Mentone; thence South 30 feet more or less to a point in the center- line of said Florida Avenue; thence easterly along the center -- line of said Florida Avenue to a point, said point being 1236 feet westerly from the intersection of -the centerline of Florida Avenue and Sapphire Avenue; thence south 10 02' east 99.5 feet; thence south 760 11' east 37.1 feet; thence south 220 08' east 353.7 feet; thence south 760 43' east 224.85 feet; thence south 650 50' east 507.6 feet; thence south 400 33' east 195.8 feet; thence north 890 27' east 50 feet to a.point being on centerline Sapphire Avenue; thence sough on centerline Sapphire Avenue 62 feet to a point; thence south 640 00' east 284 feet; thence south 400 05' east 73 feet; thence south 640 41' east 483 feet; thence south 530 18' east 300 feet; thence south 760 36' east 331 feet to a point on the west line of Section 16, Township 1 South, Range 2 West, San Bernardino Base and Meridian; thence south along the west line of said Section 16 to the southwest corner of said Section 16; thence south along the west line of Section 21, Township 1 South, Range 2 West, San Bernardino Base and Meridian to the southeast corner of Lot 5, Block 19 of said Stretch Map of Mentone, thence westerly along the south line of said Lot 5 and Lots 4, 3, and 2 of Block 19, said line being also the north line of a 60 foot right-of-way sometimes known as Madeira Avenue, to the southwest corner of Lot 2, thence westerly along the pro- longation of said south line of Lot 2, Block 19, to the south- east corner of Lot 6, Block 13, Stretch Map of Mentone; thence westerly along the south Line of said Lot 6 and Lot 7, 8, 9 and 10 to the southwest corner of said Lot 10; thence northerly along the west: lane of said Lot 10 and Lot 1, Block 13, said line being also the east line of an 80 foot right-of-way sometimes known as Craf.ton Avenue, to the northwest corner_ of Lot 1; thence easterly along the north lane of said Lot 1, said line being also the south line of. an 80 foot right--of-way, sometimes known as San.Bernardino Avenue, to a point in the west line of Section 20, Township 1 South, Range 2 West, San Bernardino Base and Meridian; thence northerly along the west line of said Section 20 to the north-- west corner of said section; thence northerly along.the west line of Section 17, Township 1 South, Range 2 West, San Bernardino Base and Meridian to a point on the west line of said Section 17, said point being 492.51 feet south of the northernmost line of Carlsbad Avenue, a street of 60 foot right-of-way; thence easterly 400.00 feet at right angles to the west line of said Section 17 to a point in Lot 31, Block 14 of Stretch Map of Mentone; thence northerly 544.51 feet parallel. and 400.00 feet from the ;aest line of Section 17 to a point in Lot 30, Block 14 of.Stretch Map of Mentone; thence westerly 400.00 feet at right angles to the west line of said Section 17 to the west section line of said Section 17; thence north along the west line of Section 17 to the north- west corner of Section 17; thence east along the north line of Section 17 to the point of beginning. Excluding therefrom: That portion of that part of Section 17, Township 1 South, Range 2 West, San Bernardino Meridian, as conveyed to CITY OF REDLANDS by deed recorded October 8, 1951, in Book 2834, page 215, and March.9, 1954, in Book 3341, page 556, Official Records of said County, lying within the following described property: And further excluding therefrom. Commencing at the intersection of the South line of Section 16, Township 1 South, Range 2 West, San Bernardino Meridian, with the centerline of Garnet Street (a 60 foot street); thence South 890 00' 48" West, along the South line of said Section 16, a distance of 1341.50 feet to the Southwest corner thereof, said Southwest corner being in the centerline of Amethyst Street (a 60 foot street); thence North 00 05' 12" iciest, along the center- line of said Amethyst Street, a distance of 74.65 feet to the True Point of Beginning; thence, continuing along the centerline of said Amethyst Street, North 00 05' 12" West, 1618.38 feet; thence North 760 34' 32" West, 306.16 feet; thence North 53o 13' 00" West, 300 feet; thence North 640 41' 00" West, 483 feet; thence North 400 05' 00" West, 73 feet; thence North 640 00' 00" West, 284 feet; thence North 62 feet; thence South 890 27' 00" West, 50 feet; thence North 400 33' 00" West, 195.80 feet; thence North 650 50' 00" West, 507.60 feet; thence North_760 43' 00" West, 224.85 feet; thence North 220 43' 53" West, 65.55 feet; thence North 210 02' 12" West, 96.57 feet; thence North 170 06' 10" West, 204.04 feet; thence North 640 32' 12" West, 116.30 feet; thence North 850 36' 05" West, 136.44 feet; thence North 700 35' 36" West, 180.28 feet; thence North 430 01' 30" West, 102.59 feet; thence North 190 39' 14" West, 222.99 feet' thence North 140 44' 37" West, 589.40 feet; thence North 190 32' 12" West, 164.47 feet; thence North 32o 28' 16" West, 130.38 feet; thence'North 450 00' 00" West, 56.57 feet; thence North 610 30' 16" West, 79.65 feet; thence North 550 58' 50" West, 48.26 feet; thence North 190 17' 24" West, 63.57 feet-; thence South 330 49' 24" West, 1476.21 .feet; thence South 490 241" 55" East, 620 feet; thence North 400 35' 05" East, 100 feet; thence South 490 24' 55" East, 3265.29 feet; thence Southeasterly 1333.64 feet along'a tangent curve to the point of beginning, said tangent curve described as being concave to the Northeast, having a radius of 10,070 feet and a central angle of 70 35' 17" Excluding therefrom the following described properties: That portion thereof lying within Florida Avenue (a 60 foot street); that portion thereof lying within that property as conveyed to the Atchison, Topeka and Santa Fe Railway Company by deed recorded March 21, 1917, in Book 605 of Deeds, page 396, records of said County; that portion thereof lying within that property as conveyed to Stuart Lytle and Lola M. Lytle by deed recorded February 5, 1958, in Book 4429, page 462, Official Records of said County; and that portion thereof lying within that property as conveyed to Shure --Real Foliage Company by deed recorded ,Tune 13, 1958, in Book 4529, page 569, Official Records of said County.