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HomeMy WebLinkAboutContracts & Agreements_4-2017 Recording requested by and when recorded mail to City Clerk City of Redlands P O Box 3005 Redlands, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE AGREEMENT FOR ANNEXATION AND PROVISION SFCTiON 6103 FOR CITY UTILITY SERVICES This Agreement for Annexation and Provision of City Utility Services ("Agreement") is made and entered into this 3rd day of January, 2017, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California ("City") and the Walter and Joyce DeBlauw Family Trust ("Property Owner") The City and Property Owner are sometimes collectively referred to herein as the "Parties " RECITALS WHEREAS, to provide for orderly planning, the City (1) has the authority pursuant to Government Code Sections 65300 and 65301 to include in its General Plan property outside its boundaries which is in the City's sphere of influence or which in the City's judgment bears a relation to its strategic planning, and (2) also has the authority pursuant to Government Code Section 65859 to pre-zone property within its sphere of influence for the purpose of determining the zoning designation that will apply to such property in the event of a subsequent annexation of the property to the City, and WHEREAS, Property Owner owns a single family residence having the address of 11439 Opal Avenue in the unincorporated area of the County of San Bernardino and has provided evidence satisfactory to the City, that Property Owner is the fee owner of the said property which is also identified as County of San Bernardino Assessor Parcel No APN 299-221-06 (the "Property"), which is located in an unincorporated area within the City's sphere of influence and which the Property Owner desires to connect to City of Redlands domestic water service without any change in the current single family residential land use, and WHEREAS, Government Code Section 56133 authorizes the City to provide new or extended services by contract outside its jurisdictional boundaries if it first receives written approval from the Local Agency Formation Commission for San Bernardino County("LAFCO"), and provides that LAFCO may authorize the City to provide such services within the City's sphere of influence in anticipation of a later change of organization, and WHEREAS, the City's General Plan and Chapter 13 60 of the Redlands Municipal Code establish policies and procedures for the approval of City utility services to land located within the City's sphere of influence and require, among other things, the owner of the property to be 1 served to enter Into an agreement and record the same in the official records of the County requiring the owner to annex the property to the City upon certain conditions, and WHEREAS, the City has prepared a General Plan for the unincorporated area in which the Property is located to provide for the orderly planning of such area and has determined that the Property is consistent with the goals and policies of the City's General Plan, and WHEREAS, it is the policy and goal of the City to discourage and not facilitate development in the City's sphere of influence which is unwilling and/or falls to comply with the City's General Plan and the City's development standards by refusing to extend utility services in such instances, and WHEREAS, pursuant to the requirements of Chapter 13 60 of the Redlands Municipal Code and in consideration for the City's agreement to extend utility services outside its jurisdictional boundaries to the Property, Property Owner has entered into this Agreement to provide assurances to the City that connection to the City of Redlands domestic water system will occur in accordance with the Redlands General Plan and the Development Standards of the Redlands Municipal Code, and that the Property shall be annexed to the City in accordance with this Agreement's terms, provisions and conditions, and WHEREAS, City staff has determined that the property contains an existing single family dwelling that constitutes "individual in-fill construction of single family homes on existing lots of record bounded by developed property as of March 1, 1997," and WHEREAS, the development that is subject of this Agreement is, accordingly, exempt from those General Plan provisions enacted by the voter approved initiative ordinance commonly known as "Measure U," NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the City of Redlands and the parties comprising the Walter and Joyce DeBlauw Family Trust agree as follows AGREEMENT 1 Recitals The foregoing recitals are true and correct 2 Definitions The following terms when used in this Agreement shall have the meanings ascribed to them a "Agreement" means this Agreement for Annexation and Provision of Utility Services b "Annexation" means the procedure for a change of organization or reorganization set forth in the Cortese-Knox Hertzberg Local Government Reorganization Act of 2000 (Government Code sections 56000 et sec ) 2 c "Property Owner" means the Walter and Joyce DeBlauw Family Trust and successors-in-interest to all or any part of the Property d "Project" means the extension of domestic water services to the subject property by the City of Redlands 3 Provision of Utility Services The City agrees to provide domestic water service to the Property consistent with the terms and conditions of this Agreement, provided that the connection complies with all rules and regulations of the City governing the extension and provision of utility services to properties located outside the City's boundaries at the time a request by the Property Owner for application for a water connection is approved by the City's Municipal Utilities and Engineering Department Nothing herein represents a commitment by the City to provide such service unless and until Property Owner complies with all such rules and regulations As a condition of approval of an application for water connection and prior to receiving any service, the Property Owner agrees to pay the full cost of such service as established by the City for the extension of utility services to the Property 4 Aueement to Develop by City Standards In consideration of the City's agreement to provide City water service to the Property, Property Owner shall develop the Property in accordance with the Redlands General Plan and the development standards of the Redlands Municipal Code The Parties acknowledge that discreet elements of existing structures located upon the Property, while in conformance with County of San Bernardino ordinances will not be consistent with City's ordinances relating to setback requirements for a detached accessory structure 5 Agreement to Annex In consideration of the City's agreement to provide City water service to the Property, Property Owner hereby irrevocably consents to annexation of the Property to City and agrees it shall take any and all reasonable and necessary actions, and fully and in good faith cooperate with City, to cause the annexation of the Property to the City Property Owner and the City agree that in the event City initiates an annexation of the Property, the City shall be responsible for the costs of such annexation In all other instances where the annexation of the Property is proposed to the City, Property Owner shall be responsible for such costs 6 Taxes and Assessments Property Owner hereby consents to the imposition of, and agrees that the Property Owner shall pay, all taxes and assessments imposed and/or levied by the City which may be applicable to the Property at the time the Property is annexed to the City 7 Recordation By entering into this Agreement, Property Owner and the City acknowledge and agree that, among other things, it is the express intention of the Parties that any and all successors in interest, assigns, heirs and executors of Property Owner shall have actual and constructive notice of Property Owner's obligations under, and the benefits and burdens of, this Agreement Therefore, this Agreement and any amendments hereof, shall be recorded in the official records of the County of San Bernardino The Property Owner further agrees that City shall, at the sole cost of Property Owner, have the right to cause the recordation of this Agreement 8 Breach/Failure to Annex In the event Property Owner fails to comply with its 3 obligations under this Agreement or takes any action to protest, challenge, contravene or otherwise breach any of its obligations or representations under this Agreement, the City shall have the right to, without any liability whatsoever, cease the provision of City utility services to the Property This right shall be in addition to any other legal or equitable relief available to the City 9 Not a Partnership The Parties specifically acknowledge that the Project is a private property, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement No partnership,point-venture or other association of any kind is fonned by this Agreement The only relationship between the City and Property Owner is that of a governmental entity regulating the development of private property and the owner of such property 10 Indemnitv and Cost of Litigation a Hold Harmless - Project Property Owner agrees to and shall hold the City, its elected officials, officers, agents and employees free and harmless from any and all liability for damage or claims for damage for personal injury, including death, and claims for property damage which may arise from the operations, errors, or omissions of Property Owner or those of its contractors, subcontractors, agents, employees or any other persons acting on Property Owner's behalf which relate to the Protect Property Owner agrees to and shall defend, indemnify and hold harmless the City, its elected officials, officers, agents, employees and representatives from all actions for damages caused or alleged to have been caused by reason of Property Owner's acts, errors or omissions in connection with the Project This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of Property Owner's or its representatives' acts, errors or omissions regardless of whether or not the City supplied, prepared or approved plans or specifications relating to the Project and regardless of whether or not any insurance policies of Property Owner relating to the Project are applicable b Third Party Litigation Concerning Agreement Property Owner shall defend, at its expense, including attorneys' fees, indemnify and hold harmless the City, its elected officials, officers, agents and employees from any claim, action or proceeding against any of them to attack, set aside, void or annual the approval of this Agreement or the approval of any permit or entitlement granted in furtherance of this Agreement The City may, in its sole discretion, participate in the defense of any such claim, action or proceeding I I Liquidated Damages In the event that the property is not annexed to the City in accordance with the terns of the Agreement, the owner of the Property shall pay each year to the City, as liquidated damages, a sum equal to the property taxes and any sales taxes the City would have received had the property been annexed Failure to make such liquidated damages payments shall be cause for the City to cease water and/or sewer service to the subject site 12 Section Headings All section headings and sub-headings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement 4 13 Goverrimg Law This Agreement and any dispute ansing hereunder shall be governed by and construed in accordance with the laws of the State of California 14 Attornevs' Fees In the event any action is commenced to enforce or interpret the terms or 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 15 Binding Effect The burdens of this Agreement bind and the benefits of this Agreement inure to the successors in interest of the Parties hereto 16 Authority to Execute The person or persons executing this Agreement in behalf of Developer warrant and represent that they have the authority to execute this Agreement on behalf of the legal, fee title owner of the Property 17 Waiver and Release Property Owner hereby waives and releases any and all claims it may have against City, its elected officials, officers, employees and agents with respect to any City actions or omissions relating to the Protect and Property Owner's and City's entry into and execution of this Agreement Property Owner makes such waiver and release with full knowledge of Civil Code Section 1542, and hereby waives any and all rights thereunder to the extent of this waiver and release, of such Section 1542 is applicable Civil Code Section 1542 provides as follows "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor " 18 Construction The Parties agree that each party and its counsel have reviewed this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement The Parties further agree that this Agreement represents an "arms-length" transaction agreed to by and between the Parties and that each party has had the opportunity to consult with legal counsel regarding the terms, conditions and effect of this Agreement 19 Entire Agreement This Agreement sets forth and contains the entire understanding and agreement of the Parties as to the matters contained herein, and there are no oral or written representations, understandings or ancillary covenants or agreements which are not contained or expressly referenced herein, and no testimony or evidence of any such representations, understandings or covenants shall be admissible in any preceding of any kind or nature to interpret or determine the terms or conditions of this Agreement PROPERTY OWNER _ �k ���<� � � Date f. 2— dt -d� Walter J Deauw, Trustor for the Walter and Joyce DeBlauw Family Trust ttek+� t Date 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California ) County of San Bernardino ) On December 19, 2016 before me, Charlotte Van Eck, Notary Public Date Here Insert Name and Title of the Officer personally appeared Walter DeBlauw and Joyce DeBlauw-----------'------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persoftev whose name' are subscnbet to the within instrument and acknowledgedLQ me that / xecuted the same in / uthonzed capacitMtstEancl that b theasignatur n the instrument the pers sor the en i y upon behalf of whperso „ cted, executed the ins rument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal ' CHARLOTTE VAN ECK d Commission#2096837 Notary Public California z San Bernardino County 9 Signatur MY Comm Expires Feb 8,20191 Signature of Notary ubhc Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Agreement for Annexation Document Date 12/19/16 Number of Pages 6 Signer(s) Other Than Named Above none Capacity(ies) Claimed by Signer(s) Signer's Name Walter DeBlauw Signer's Name Jovice DeBlauw Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) • Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact IN Trustee ❑ Guardian or Conservator x]Trustee ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing Walter and Jovice Signer Is Representing Walter and Jn)Tra DeBlauw Family Trust DeBlauw Family Trust 02014 National Notary Association •www NationalNotaryorg • 1-800-US NOTARY(1-800-876-6827) Item#5907 Joyce DeBlauw, Trustor for the Walter and Joyce DeBlauw Family Trust CITY OF REDLANDS Date / Paul W Foster, Mayor / ATTEST rty Clerk Date L�A7 Jeanne Donaldson 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 cc>_�"hc;E'.c�G�`z��Y`.'.�Y'�`�C'��:�eG�&t.i �r�-"�S>.c=r.,c=-Q,c=SFrc ;�c?;c�C1—.�<2�r.�,'�¢.SC�,�r;:�tYCr.� r,F�a^ � •. ` A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California ) County of On � vt�c��t-$ j QCs ( before me, 1 Date Here Insert Name and Title of the Officer personally appeared IT L4 J �' �L> } 1°'" , �/ vY' c � Cl/ 0 Name(s) of Slgner(s) .GZ r` V1 C � d l c C0Jq who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hi§Nr/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Q?IANA#IAtNS Nobly PuMie•California is true and correct 8mBonff"County > WITNESS my hand and official seal Commission#2175775 *,MY Comm ExOts Doc 16 2020 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document A-9 r c ern e-r - 1�0 R AN&n , Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Clailed by Signer(s) Signer's Name I4f-, I A,), 1�"c Signer's Name ,,e" Yt ❑ Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator Other I11c SES1 .Other C,(_4--Li ( "(� Signer Is Representing C .tiq of J,?,ez11cz tcL Signer Is Representing k rr lr� S B ©2014 National Notary Association •www National Notary org 1-800-US NOTARY(1-800-876-6827) Item #5907