HomeMy WebLinkAboutContracts & Agreements_36-2000_CCv0001.pdf AGREEMENT
This agreement for temporary pipeline maintenance is entered into this 7th day of March,
2000 by and between the City of Redlands, a municipal corporation (hereinafter "City"), and the
Bear Valley Mutual Water Company, a mutual water company (hereinafter"Bear Valley"), which
together are sometimes referred to herein as the "Parties."
RECITALS
WHEREAS, City has commenced construction of its Wabash Avenue and Colton Avenue
intersection improvement project (the "Project"); and
WHEREAS, as part of the Project, a forty-two inch water transmission pipeline owned by
Bear Valley (the "Pipeline") must be relocated; and
WHEREAS, prior to commencement of the Project, Bear Valley approved in writing the
relocation of the Pipeline to the area described in Exhibit "A;" and
WHEREAS, City has acquired a ten-foot wide easement in behalf of Bear Valley for the
purpose of relocating the Pipeline; and
WHEREAS, Bear Valley has now requested City to enter into a temporary maintenance
agreement for the Pipeline until such time as a twenty-foot easement is acquired by City in behalf
of Bear Valley, at which time the City will relinquish maintenance of the Pipeline to Bear Valley;
and
WHEREAS, the City Council of City has determined that it is in the best interests of City
to enter into this temporary maintenance agreement until City obtains a twenty-foot easement for
Bear Valley on the terms and conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual promises contained herein the City of
A:15030 WabashColton.wpd
Redlands and the Bear Valley Mutual Water Company hereby agree as follows:
Section�1City,_Obligabons. City shall perform, or cause to be performed, any and all
maintenance and repairs required for the Pipeline which will be installed in the location described
in Exhibit "A" until a twenty-foot easement is obtained for Bear Valley.
Section ions. Bear Valley shall fully cooperate with City to ensure
that City can comply with its maintenance and repair obligations for the Pipeline described herein.
Such cooperation shall include but not be limited to the immediate shut off of any water service to
the Pipeline upon four hours notice from City. if the Pipeline is not shut off within that four hour
period of time, Bear Valley shall be responsible for any and all damages caused by its failure to
timely shut off the water and City's inability to perform such maintenance and repairs. Bear Valley
shall also execute any and all documents reasonable or necessary to facilitate City's acquisition of
the twenty-foot easement for the Pipeline.
Section-3--Termination—hy--City. City may terminate this Agreement at any time by giving
written notice to Bear Valley and serving a copy of the conformed copy of the Final Order of
Condemnation obtained from the court for the twenty foot easement, or by giving written notice to
Bear Valley and providing to Bear Valley a deed for the twenty foot easement requested by Bear
Valley, Upon termination of this agreement, City shall have no obligation to maintain or repair the
Pipeline.
Section_4__Entire_A,gr n
ce nent. This Agreement contains the entire agreement of the Parties
with respect to the subject matter hereof, and supercedes all prior negotiations,understandings and
verbal or written agreements. This Agreement shall only be modified by written agreement signed
by the Parties.
Se-citon-L—A-Atorney Fee-s. In the event any action is commenced to enforce or interpret
the terms of conditions of this Agreement the prevailing party shall, in addition to any costs and
other relief, be entitled to the recovery of its reasonable attorneys' fees, including "in-house"
attorneys' fees at the prevailing rate of similar private counsel in the San Bernardino County area,
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See 1i0n -GOYQT-n—ing--Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
motion . �Dfivcry--O&N-04c-es. All notices permitted or required under this Agreement
shall given to the respective Parties at the following addresses or at such other addresses that the
Parties shall provide in writing for this purpose:
Chi Y Bmr-Vallley
City Clerk General Manager
City of Redlands Bear Valley Municipal Water Company
35 Cajon, Suite 4 101 E. Olive Avenue
Redlands, CA 92373 Redlands, CA 92373
Notices shall be deemed made when personally delivered or mailed 48 hours after deposit
in the United States Mail, first class, postage prepaid, return receipt requested addressed to the party
at its address.
In witness where of, the parties hereto have executed this Agreement in duplicate on the date
first and herein above written.
Ci
of Redlands Bear Valley Municipal Water Company
V
Phi Gilvi)(e&UMI President of the Corporation
9
nary George, 'rayor Pro Tem
Attest: Attest:
L Lorrie oyzer, i erk Secretary of the Corporation
:0
D E:
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dio' I I APN 298-061-19
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WILLIAM J. LOCKUN
1705 E.44' I
1 I� i REDLANDS, C 92374
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EASEMENT VTBEAR VALLEY
1 I I MUTUAL WATER COMPANY
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S89.34'26"E 151.60'
SOUTH UNE SEC, 19, TIS, R3W & It COLTON AVE. PER R.S. 20/14
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_---- 7--NORTH
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NORTH UNE LOT 39, BLOCK 77, RANCHO SAN BERNARDINO w
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ED(n'B' • "B" DATE PREPARED 12/01/99
APN 298-061-19 t HORIZ. SCMI: i- _ 50'
BEAR VALLEY MUTUAL WATER CO. tl4iZiartwick,Inc.
IRRIGATION EASEMENT � " N
MW 793-22" SCALE.V-W SHEET I OF
EXHIBIT"A"
IRRIGATION EASEMENT IN APN 298-061-19
ALL THAT PORTION OF LOT 7, BLOCK 3, STRETCH MAP OF MENTONE AS PER PLAT RECORDED IN
BOOK 8 OF MAPS, PAGE 81, OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO,STATE
OF CALIFORNIA, BEING A 10 FOOT WIDE STRIP OF LAND THE CENTERLINE OF WHICH IS
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 2
WEST, SAN BERNARDINO MERIDIAN,AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 20
OF RECORDS OF SURVEY, PAGE 14, OFFICIAL RECORDS OF SAID COUNTY, THENCE ALONG THE
SOUTH LINE OF SAID SECTION 19 SOUTH 89°34'26"EAST 151.60 FEET; THENCE NORTH 00°06'02"
EAST 28.03 FEET; THENCE NORTH 22"26'34"WEST 12.99 FEET TO A POINT ON THE NORTH RIGH T-
OF-WAY OF COLTON AVENUE, SAID POINT BEING THE POINT OF BEGINNING;
THENCE FROM THE POINT OF BEGINNING NORTH 22°26'34"WEST 10.47 FEET; THENCE NORTH
02°45"29""EAST 130.18 FEET TO THE SOUTHEASTERLY LINE OF THE PARCEL OF LAND GRANTED
TO SAN BERNARDINO ASSOCIATED GOVERNMENTS BY INSTRUMENT NO. 93-137041, OFFICIAL
RECORDS OF SAID COUNTY, SAID POINT BEING THE TERMINATION OF SAID STRIP OF LAND.
THE SIDE LINES OF SAID STRIP OF LAND SHALL BE SHORTENED OR EXTENDED TO TERMINATE
ON SAID SOUTHEASTERLY LINE OF THE SAN BERNARDINO ASSOCIATED GOVERNMENTS PARCEL
AND ON SAID NORTH RIGHT-OF-WAY OF COLTON AVENUE.
PREPARED BY:
G�C/ HAROLD R. O�
HAROLD R. HARTWICK, LS.'NO 2851HARTWICK
* No.2851
l Exp.June 30,2000 �
Op CA l-��
9197CR4&.DOC