HomeMy WebLinkAboutContracts & Agreements_32-1985_CCv0001.pdf -AGREEVEW FCC WAIVEP OF DAIM,%GES, IIID` 24IFICATION,
-AM) RIC iT OF !NGRESS AND EMESS
AGREEMENT made this day of J!QT1#UkQ! 1985, by and between
GIBRALTAR CWTINPrY BUILMRS, a California General Partnership, having its
principal place of business at 570 North Pershing Avenue, Suite E,
Stockton, California 95207, hereinafter referred to as "GIBRALTAR", and
the CITY CC REDLANDS, 30 Cajon Street, P. 0. Box 280, Redlands, California
92373, hereinafter referred to as "CITY".
RECITALS
WEREAS, GIBRALTAR is the record owner of certain real property
located at the southeast corner of the intersection of Barton Road arra
Terracina in the CITY; and
MEWS, CaSPALTAR desires to obtain the approval of CITY, and
issuance IDY b CITY, of certain applications for development rights, permits
and entitlements for GIBRALTAR's multi-family apartment project on the
subject property; and
MEREAS, a storm drain has been, or will be, constructed on the
subject property by GIBRALTAR for drainage purposes and a nonexclusive
easement for sacs e has been granted by APPLICANT to CITY, at a location
described on Exhibit "A" attached hereto and incorporated herein; and
IMEWAS, CITY requires the right of access, ingress, and egress
to and from the storm drain on the subject proEerty for the purposes of
operating, maintaining, and repairing said storm drain; and
MEREAS, CITY desires to be iWeaWfiend and held harmless from
arq and all liability arising from or in connection with Hie
above-referenced operation, maintenance, aW repair of said storm drain by
CITY; and
IMEREAS, GIBRALTAR wishes to obtain the CITY's grant of
permission to GIBRALTAR to install, construct, maintain, and/or use tennis
courts and carports in the CITY's right-of-way or easement, conditional
upon approval of the project by CITY;
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NCW, THEPEFORE, in consideration of the CITY granting the right
to GIBPALTAR to install, construct, maintain, and/or use the tennis courts
and carports in the right-of-way or easement, upon approval of the
project, GIBRALTAR, for itself, its successors in interest and assignees,
does hereby agree as follows:
TEWIS AND CONDITIONS
1. To inda-anify and hold harmless the CITY, its officers,
agents, and employees from and against all cost, liability, loss, damages,
or expenditure of whatever kind and nature sustained or incurred by the
public or other person and from, and against all damages, loss, or expense
of whatever kirK and nature sustained or incurred by the CITY by reason of
this grant in, on, through amtbr over said easement or right-of-way of
the CITY, and GIBRALTAR hereby further agrees to assume, at its own
expense, the defense of any of the aforesaid losses, damages or claims or
any actions(s) hesed thereon; provided, however, that the foregoing
indemnification and hold harmless provision shall not apply to any injury,
damage, loss, expense or claim arising from or in connection with any CITY
officer, agent or employee acting within the course and scope of his or
her euplqgxmt and/or from, the negligence of the CITY or any of its
officers, agents, or employees.
2. To waive any right to make or prosecute any claims or
demands against the CITY, or any of its boards, dEpartments, offices,
eaploynes, or agents for any damage that aay occur to said improvement, or
any adjacent pToperties, or relate to the use granted, by virtue of the
use, construction, maintenance or other acts within said easement or
right-of-way by or under authority of said City, or for any damage due to
substance or activities emanating from within or without such CITY
facilities, unless said claims or demands result from the negligence of
the CITY or any of its officers, agent, or employees.
3. To maintain the improvements at all times to the
satisfaction of the CITY or to reimburse the CITY for expenditures for
maintaining the improve aents should the undersigned fail to do so.
4. To grant to the CITY, its agents, representative, officers
arW EMJ?l0)7eeS the right of ingress and egress over the above-describeed
inprovements to any or all portions of said easement or right-of-way,
including the portions covered by tennis courts, carports, furnishings, or
equipment, for te purpose of construction, maintenance, repair,
reconstruction or removal, or other lawful acts in or to said easement or
right-of-way.
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5. 'Fnis grant is not in 'Lieu of", and in no way relieves the
property owners, their heirs, successors in interest or assigns from,
contributing to assessments for CITY improvei-,Rmts at, in, or, ol- about said
right of way or easement.
6. This AGREEMENT shall re in in full force and effect until
released by the Redlands City 1(-'ouncil.
This Waiver shall be and does hereby constitute a covenant
runnipg with the land and shall be b1nding upon the heirs, executors,
administrators, successors in interest, assignees as their interest may
appear, and shal], be recorded by the CITZ OF REDEA.1NDS.
IN WITNESS VQIHEREOF, the parties Ine-reto have made and execut&j
this AGRPMEWI as of the date and year first written above.
APPLICA,W:
GIBRALTAR CaMUNITY BUILDERS,
a California Genel Partnership
A
Z
BY: 4
B. LURTS&AA
is Duly Authorized Agent
CITY OF REDLANDS ATTEST:
BV:
ze lerk
Lor
1 Poy ifo
Title Lor 1 Poyze, ity Clerk
rn
City of Rech sl,tyaCliforn-4a
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STATE OF CALIFORNIA
ss .
COUNTY OF San Joaquin
On this 24th day of September , in the year of 1985
before me, the undersigned, a Notary Public in and
for said County and State, personally appeared
Hal B. Lurtsema personally know to me (or proved
to me on the basis of satisfactory evidence) to be
the President President, and
personally known to me (or
proved to me on the basis of satisfactory evidence)
to be the Secretary of
I the corporation that executed the
within instrument and known to me to be persons who
executed the within instrument on behalf of said cor-
poration, said corporation being known to me to be one
of the partners of Gibraltar Community Builders , the part-
nership that executed the within instrument, acknowledged
to me that such corporation executed the same as such
partner and that such partnership executed the same.
A. Jeanette Orr
Name (Typed or Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
OFFOAL SEAL
A.JEANETTE ORR
NOTARY PUB UIC-CALWORNIA
SAN JOIN COUNTY
My COM14 OWN EXHAES JUNE VAN
IN I HE Gl i 1 OF REDLANDS
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