HomeMy WebLinkAboutContracts & Agreements_39-1992_CCv0001.pdf RECORDING REQUESTED BY
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AND WHEN RECORDED MAIL TO;
City Clerk C`0 _ t
City of Redlands
P.Q. Box 3005 1 ' ` m$
Redlands CA 92373 '¢
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AGREEMENT
BETWEEN THE CITY of REDLANDS
AND CRAIG AND SYLVIA BANTA
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THIS AGREEMENT is entered into on July 21
3992,
between CRAIG AND SYLVIA BANTA, HUSBAND AND WIFE, owner of the
subject Property described in this document, and the CT TY OF
REDLANDS, ("City") , a municipal corporation existing under the
.laws of the State of California.
WHEREAS, CRAIG AND SYLVIA BANTA presently own an
unimproved parcel of land, known as 30878 Panorama Drive in
the County of San Bernardino ("the Property") , within the
water service area and jurisdiction of the City; and
WHEREAS, CRAIG AND SYLVIA BANTA wishes to develop
the Property, which shall be used for the construction of one
residential unit; and
WHEREAS, the Property lies at an approximate
elevation of 2040 feet and will therefore be served from the
21.00 elevation pressure zone. As a result, the static water
pressure to the Property will be approximately 26 PSI; and
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WHEREAS, the = water meter to serve such Property
would be located approximately 700 feet west of the Property
in San Bernardino County right-of-way; and
WHEREAS, the minimum pressure required for adequate
water service based on American Water Works Association
requirements is 40 PSI; and
WHEREAS, the purpose of this Agreement is to provide
adequate water service to the Property notwithstanding the
topography of the Property area;
NOW, THEREFORE, in consideration of the mutual
promises and agreements contained herein, and for other good
and valuable consideration, it is agreed by the City of
Redlands and Craig and Sylvia Banta as follows:
Section 1. Craig and Sylvia Banta shall install a
hydro-pneumatic system as approved by the City to provide
minimum water pressure of 40 PSI to the residential unit to be
constructed on the Property.
Section 2 . Craig and Sylvia Banta shall
adequately maintain the hydro-pneumatic system to ensure its
continued operation and minimum water pressure of 40 PSI to
the residential unit to be constructed on the Property. The
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City shall have the right, • but not the duty, to inspect the
water system to ensure compliance with this Agreement. The
maintenance obligation under this Agreement shall continue so
long as the hydro-pneumatic system is required to provide a
minimum water pressure of 40 PSI.
Section 3 . The Agreement shall run with the land
and be binding upon and inure to the benefit of the successors
in interest of the parties. The City shall have the right to
record this Agreement in the official records of the Recorder
for the County of San Bernardino.
Section 4 . In the event the City determines that
Craig and Sylvia Banta are in default of this Agreement or any
part hereof, the City shall provide written notice to Craig
and Sylvia Banta specifying the reasons therefor and the steps
necessary to cure such default. If after 10 days from the
service of the written notice or as otherwise designated by
such notice, Craig and Sylvia Banta have not cured such
default, the City may terminate water service to the Property.
Such notice shall be considered served upon Craig and Sylvia
Banta three (3) days after deposit in the U.S. mail, first
class postage prepaid, return receipt requested, and addressed
to Craig and Sylvia Banta. Actual notice shall be deemed
adequate notice on the date actual notice occurred regardless
of the method of service. All notices and communications
regarding this Agreement shall be addressed to the parties as
follows:
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City of Redlands: - Craig and Sylvia Banta
City of Redlands
P.O. Box 3005
Redlands CA 92373
Section 5. Craig and Sylvia Banta or their
successors in interests shall defend, indemnify, save and hold
harmless the City from an;y and all claims for damages to
Property or injuries to persons arising by reason of any act
or ommission in any manner connected with the installation and
maintenance of the hydro-pneumatic system, including any
damage caused by inadequate water pressure for consumption and
fire flow. Such indemnity obligation shall include, but not
be limited to, payment for attorney's fees and the court costs
incurred to defend any such action.
Section 6. This instrument contains the entire
Agreement between the parties hereto relating to the matters
covered hereby. Any or all representations or modifications
concerning this Agreement shall be of no force or e ffect,
excepting a subsequent modification in writing, signed on
behalf of both parties.
Section 7. In the event any action is commenced
to enforce or interpret the terms or conditions of this
Agreement, the prevailing party in such action shall, in
addition to costs and other relief, be entitled to its
reasonable attorney's fees.
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IN WITNESS WPEREOF, the parties have caused this
agreement to be executed by their respective officials
thereunto duly authorized.
CITY OF CRAIG BANTA
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CF D
_.
SYLVIA BANTA
ATTEST:
Ci' l 1 rk, Ci o Redlands
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