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HomeMy WebLinkAboutContracts & Agreements_164-2018RECORDING REQUESTED BY CITY OF REDLANDS AND WHEN RECORDED MAIL DOCUMENT TO NAME City Clerk, City of Redlands STREET ADDRESS P O BOX 3005 CITY oo= r& Redlands, CA 92373 FEES NOT REQUIRED PER GOVER23MENT CODE SECTION 6103 Electronically Recorded In Official Records, County of San Bernardino BOB DUTTON ASSESSOR RECORDER-CLERK 367 City of Redlands Clerk Doc# 2018-0329583 Fees ' Fees Taxes CA SB2 Fee Others Paid SPACE ABOVE FOR RECORDER'S USE ONLY Agreement for Annexation Title of Document ^y 4 THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3 00 Additional Recording Fee Applies) 9JO512018 04 07 PM KE Pages 9 00 00 00 00 00 Recording requested by and when recorded mail to City Cleric City of Redlands P O Box 3005 Redlands, CA 92373 AGREEMENT FOR ANNEXATION AND PROVISION FOR CITY UTILITY SERVICES This Agreement far Annexation and Provision of City Utility Services ("Agreement") is made and entered into this 4th day of September, 2018 by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California ("City") and Norman Sharlein ("Property Owner") The City and Property Owner are sometimes individually referred to herein as a "Party" and, together, 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 Ownet owns a vacant parcel of land generally located at 2815 Mill Creek Road and identified as county of San Bernardino Assessor's Parcel Number 0302-152-09- 0000 (the "Property") in the unincorporated area of the county of San Bernardino within the City's sphere of Influence, and has provided evidence satisfactory to the City that Property Owner is the fee owner of the Property, and WHEREAS, Government Code section 56133 authorizes the City to provide new or extended services by contract outside itsjurisdictional 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 served to enter into an agreement and record the same in the official records of the county of San I IcaldjmlAgreementsTre Annexation Agreement 18 02,docx Bernardino requiring the owner to annex the land 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 fol 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 fails 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 foi the City's agreement to extend utility services outside its juiisdictional 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 tilts Agreement's terms, provisions and conditions, 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 Property Ownet agree as follows AGREEMENT Recitals. The foregoing recitals are true and correct 2 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 foi application fot 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 Ownei agrees to pay the full cost of such service as established by the City for the extension of utility services to the Property 3 A reement_to Develop by Standards. In consideration of the City's agreement to provide City water service to the Property, Property Ownei shall develop the Property in accordance with the Redlands General Plan and any applicable development standards of the Redlands Municipal Code 4 Agreement to Annex Inconsideration 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 2 I 1ca\djmlAgreements\Pre Annexation Agreement l8 02.docx 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 fol such costs 5 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/ol levied by the City which may be applicable to the Property at the time the Property is annexed to the City 6 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 Ownei shall have actual and constructive notice of Pioperty 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 Property Owner further agrees that the City shall, at the sole cost of Property Ownci, have the right to cause the recordation of this Agreement 7 Breach/failure to Annex In the event Property Ownet fails to comply with its obligations under this Agreement or takes any action to protest, challenge, contravene of 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 8 Not a Partnership The Parties specifically acknowledge that Property Owner's development of the Property is a private project, 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, Joint -venture of othei association of any kind is formed by this Agreement The only relationship between the City and Property Owner is that of a governmental entity regulating the development of pt ivate property and the owner of such property 9 Indemnity and Cost of Litigation a Hold Harmless - Development Property Owner agrees to and shall hold the City, and its elected and appointed 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 of any other persons acting on Property Owner's behalf which relate to development of the Property 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 development of the Property. 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 development of the Property and regardless of whether or not any I kaWjmlAgreementsTre Annexation Agreement 18 02AWN insurance policies of Property Ownet relating to such development are applicable b Third Party Litigation Concerning Agreement Property Owner shall defend, at its expense, including attorneys' fees, indemnify and hold harmless the City, and its elected and appointed 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 of entitlement granted in furtherance of this Agreement The City may, in its sole discretion, participate in the defense of any such claim, action of proceeding 10 Liquidated „Damages In the event that the property is not annexed to the City in accordance with the terms 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 fot the City to cease water service to the Property 11 Section Headings All section headings and sub -headings are insetted for convenience only and shall not affect any construction or interpretation of this Agreement 12 Governing Law This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of California 13 Attorneys' Nees 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 14 Binding Effect The burdens of this Agreement bind and the benefits of this Agreement inure to the successors in interest of the Parties 15 AuthorittoExecute The person or persons executing this Agreement warrant and represent that they have the authority to execute this Agreement on behalf of the legal, fee title owner of the Property 16 Waiver and Release Property Owner hereby waives and releases any and all claims it may have against the City, and its elected and appointed officials, officers, employees and agents with respect to any City actions or omissions relating to the development of the Property and Property Owner's and the City's entry into and execution of this Agreement Property Owner makes such waivei 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor " 19 Construction The Parties agree that each Party and its counsel have reviewed this 4 I IcaldjmlAgreements\Pre Annexation Agreement 18 02.doex 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 20 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 Date Norman Sharlem, Owner CITY OF REDLANDS Date Paul W Foster, Mayor ATTEST- �)� An_.Oe� Date ( 8 J e Donaldson, City Clerk I Icaldjm\AgreementsTre Annexation Agreement 18-02.doex EXHIBIT A PROJECT n C) a aKi ORTVE1NAt '. YYStf11-wT FIRE HYDRANT 2Sr FROM WEST Fv I.1N•wATEA WAVC1 PROPERTY LM 70* PROPERTY LUNE 30' TO CENTER LRg Of LBLL CREEX ROr R NCAK4RLEIlN13TBWAY 2915U FALAAY AE$Q@NCE MENCA 4Y]S9 UENTgLLCREEKt LNFIFTOTE. CA 72444 I Icaldjm\AgreementslPrc Annexation Agreement 18 02.doca PLOT FLAN rNGaERtt LME 1 *s ORAIIMGEAWAV FROM STRUCTURE MINIMUM 5KA1 LECALOESCRIPTION APNQ 2 4 57 449 4 00 0 5 LOT4 3w2BlS PROJECT A>S L(aLl CREEK RO 114 [i+MLF•ACIM4AREA 'h D LfEHTONE CA927i9 # EZ FL. I6 1aIfLTRATCRS 11iEN LlCDf 663 OmNF_Nt NOR4WJ S! ARLEIN T4 IMILlUG AMRESS 1315WARD WAY '• LNENTONE CA 92359 4` � o i969FaNl[c55T ' LOT S12E TUXBG 11.2PMSF LBFWG:AREA 1.UrSF 12000ALLON OAAAGe AREA 525 SF SLOPE FOR ORA@FAG{ SEPTICTANK PORCHAREA 190$F i LOT COVERAGE Z.114SF - .... ...-. %LOTCOVERAGE 209% 21 m 22' PLOT PLAN M2 FLOOR PLAN RG 2202.79R{T�22W.7� A3 F00 NOATFOFI PLAN M FRAAI9FG PLAN j A T SECTION f 0-0 SHEAR4 HOLOOWN 80EDUE MT OETA" 0.2 D£TARS RGT220206 .1 ELECTRIGIL PLA. A41 FRONT BACK ELEVATK*4 A9 WOW& LEFT SIOEELEVATiONS A•14MGR fN LUImATORY MEASURES A-1lCALGRLTNTiOATORYMFJ�SIATES TZA 1 ENERGYCALCU ATS T24.2 RES904TFALM00ATORY MEASURES A SFNGLEFAUA.VftESMsENCT tT BUiOM RCOUtREM %Ts f"=i 53A JLFRISDiCnON 2015 CRC. CPC. CEC. CMC.0 c,. A R1 OCCUPANCY Pam TYPE OF CONBTRUCT1ON Ve Q OURDV TOERP SYSTEM 13 W Al2$Pk0KLER SYSTEM APER RZi73 NFPA 130 Q BULDNOTO COEWLYwrw 21716 CALGREEN [�S 7g CODE RE9WENTWI•wViOATORY MEASURESRUa2203.9s rpY LUUNATEO HOUSE NUMBERS SHALL BE p MOUNTED TO THE "OM Atm St%LL BE ROr2292]9 4 1ASWLE FRO u STREET BF COitTN1t6TRSG COLOR. MWaERS SHALL BE 4 TALL t MYoI%w Q I COVERED PCRCf 2CAR GARAGE p LOCATESN OF PRnNATE SEWAGE DISPOSAL SYSTEM U"%t IM "OsftZONTAL OLSFAN CE"CLEAR FROM' BLALOYNOS OR STRUCTURES. m SEPTICTAnK3 S T wc:2AL MD C R0-229]25 RG PROPERTY PROPERTY LRm ADX"nG ZtE! irJ PRIVATEPROPERW SEPTCTAlKSr � asPcsALnELa r F200OALLON SEPTA TANK .ENSEH PRECAST JS12W IW E -Vi L€ACNPmG AREA EZ FLOW 16 87FLTTUTORS $ I TEST REPORT FOR OESTGN _ LOCATION OF LEACH n C) a aKi ORTVE1NAt '. YYStf11-wT FIRE HYDRANT 2Sr FROM WEST Fv I.1N•wATEA WAVC1 PROPERTY LM 70* PROPERTY LUNE 30' TO CENTER LRg Of LBLL CREEX ROr R NCAK4RLEIlN13TBWAY 2915U FALAAY AE$Q@NCE MENCA 4Y]S9 UENTgLLCREEKt LNFIFTOTE. CA 72444 I Icaldjm\AgreementslPrc Annexation Agreement 18 02.doca PLOT FLAN 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 August 31 2018 before me, Heather MacDonald, Notary Public Date Here Insert Name and Title of the Officer personally appeared Norman Sharlein Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be t�h erson(K whose name(. is/arg pu�scribed to the within instrument and acknowledged to me that he he/they executed the same in hi her/their authorized capacity(pej, and that b is er/their signatureXon the instrument the person or the entity upon behalf of which the person(acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESSmy and and official seal 660 0 Ofl0000009 QQQQQOOQQQ80 HEAT l;R MACD4NA%D R , : COMM # 2216458 R Signature U NOTARY PUBLIC -CA FORMA 6 g t SAN BERNARDINO COUNTY I Signature of o ry P is g8 �Y WOOOOOOO OCT�R 1, 2421 Q 400QQfl0000QOQ0006pQ0�pQQQQQpppQQ otos 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 Pre -Annexation Agreement Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Number of Pages Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing ©2016 National Notary Association www National Notary org 1 -800 -US NOTARY (1-800-876 6827) Item #5907 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 orvalidity of that document State of California ) County of San Bernardino Onl��) o6,1.(��jbefore me, Heather MacDonald, Notary Public Date Here Insert Name and Title of the Officer personally appeared Paul W Foster and Jeanne Donaldson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose namo is/ re subscribed to the within instrum t and acknowledged to me that he/she a executed the same n his/her eir authorized capaci ie and that by his/her heir ignatureoon the instrument the perso s) or the entity upon behalf of which the persor s&cted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct QOONOODDMWWOODMODODOWOMOOOOMDOOOODOOOOMWITNESS my hand and official seal HEATHER MACDONALD 8 R COMM # 2296458 R NOTARY PUBLIG-MFORNiA 1 SAN BERNARDINO^M1COUNTY i Signature -. v 4tL L00000000040 M 060 ,T02E uoo6o66� Signature o of 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 Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Number of Pages Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 02016 National Notary Association www NationalNotary org 1 -800 -US NOTARY (1 800-876-6827) Item #5907