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HomeMy WebLinkAboutContracts & Agreements_248-2006_CCv0001.pdf Recorded in Official Records, County of San Bernardino 12/04/2006 LARRY WALKER 4:32 PM �p Auditor/Controller — Recorder LM Recording requested by and when recorded mail to: P Counter City Clerk Doc#: 20061—0837093 Titles: 1 Pages: 8 City of Redlands l Fees e.ee P. O. Box 3005 Taxes 0.00 Othe 0-00 Redlands, CA 92373 P�SID� g0.98 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 AGREEMENT FOR ANNEXATION AND PROVISION OF CITY WATER SERVICE (MEASURE "U"COMPLIANCE) This Agreement for Annexation and Provision of City water service("Agreement")is made and entered into this 7th day of November, 2006, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California("City")and,Avtar K.Dhillon ("Developer"),who are sometimes individually referred to herein as a"Party,"and collectively,as the "Parties." REQ WHEREAS,to provide for orderlyplanning,the City(1)has the authoritypursuant to Government Code Sections 65300 and 65301 to include in its General Plan property outside its boundaries which is in the City's sphere ofin#luence orwhich in the City's judgment bears arelation to its strategic planning,and (2)also has the authority pursuant to Government Code Section 65859 to pre-zonepropertywithin its sphere ofinfluence 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,Developer has provided evidence,satisfactory to the City,that Developer is the fee owner ofthe property commonly known as Lot 3 excepting the south 18 inches,and the south 3 feet of Lot 2,Block 61,Mentone Townsite.in the County of San Bernardino,and which is more particularly described in Exhibit"A,"attached hereto and is located in an unincorporated area within the City's sphere of influence(the "Property"); and WHEREAS,Developer proposes to construct a single family residence(the"Project")on the Property; and WHEREAS,Government Code Section 56133 authorizes the City to provide new or extended services by contract outside its jurisdictional boundaries ifit 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 ofa later change of organization, and DAM--areements pea 05-02 Dh l on 1 1 WHEREAS,the City's General Plan and Chapter 13.60 ofthe Redlands Municipal Code establish policies and procedures for the approval of City utility services to development located within the City's sphere ofinfluence 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 ofthe County requiring the owner to annexthe 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 ofthe City's General Plan and the development standards ofthe Redlands Municipal Code; and WHEREAS,it is the policy and goal ofthe 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 ofthe Redlands Municipal Code and in consideration for the City's agreement to extend utility services outside its jurisdictional boundaries to the Property,Developer has entered into this Agreement to provide assurances to the City that development ofthe Property will occur in accordance with the Redlands General Plan and the Development Standards ofthe Redlands Municipal Code,and that the Property shall be annexed to the City in accordance with this Agreement's terms, provisions and conditions; NOW,THEREFORE,in consideration ofthe mutual covenants contained herein and other good and valuable consideration,the receipt ofwhich is hereby acknowledged,the City ofRedlands and Avtar K. Dhillon agree as follows; AGREEMENT 1. Recitals. The foregoing recitals are true and correct. 2. Provision of Water Service. The City agrees to provide water service to the Property consistent with the terms and conditions ofthis Agreement, provided that the Project complies with all rules and regulations ofthe City governing the extension and provision ofwater services to properties located outside the City's boundaries at the time a request by Developer for application for a water connection is approved by the City's Municipal Utilities Department. Nothing herein represents a commitment by the City to provide such services unless and until Developer complies with all such rules and regulations. In accordance with the voter-approved General Plan amendment known as Measure"U,,, Developer agrees to pay,as a condition of approval of an application for water connection and prior to receiving any service,the full cost of such service as established by the City for the extension ofwater service to the property. 3. Agreement to Develop by City Standards In consideration ofthe City's agreement to provide City water service to the Property,Developer shall develop the Property in accordance with the D.I-I'Agreements',paa 05-02 Dhilltin 2 Redlands General Plan,the Development Standards ofthe R-1 Zone ofthe Redlands Municipal Code,and all other applicable provisions of the Redlands Municipal Code. 4. Agreement to Annex In consideration ofthe City's agreement to provide City water service to the Property,Developer hereby irrevocably consents to annexation ofthe 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 ofthe Property to the City. "Annexation"means the procedure for a change of organization or reorganization set forth in the Cortese-Knox-Hertzberg Local Government Reorganization Act of2000(Government Code sections 56000 et seq.).Developer and the City agree that in the event City initiates an annexation ofthe 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, Developer shall be responsible for such costs. 5. Payment ofFees Concurrent with the City's extension ofwater service to the property, Developer shall pay to the City,as a condition ofreceiving such services in accordance with the voter- approved amendment to the City's General Plan known as Measure"U,"a sum equivalent to all City capital improvement and other development fees which would be applicable to the Property if the Property was within the City limits at the time of provision of the service. 6. Taxes and Assessments. Developer hereby consents to the imposition of,and agrees Developer shall pay,all tames and assessments imposed and/or levied by the City which maybe applicable to the Property at the time the Property is annexed to the City. 7. Recon By entering into this Agreement,Developer and the City acknowledge and agree that,among other things,it is the express intention ofthe Parties that any and all successors in interest, assigns, heirs and executors of Developer shall have actual and constructive notice of Developer'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 ofthe County of San Bernardino. Developer further agrees that City shall,at the sole cost ofDeveloper,have the right to cause the recordation ofthis Agreement. 8. Breach/Failure to Annex In the event Developer fails to comply with its obligations under this Agreement or tabes any action to protest, challenge, contravene or otherwise breach any of it obligations or representations under this Agreement,the City shall have the right to,without any liability whatsoever,cease the provision ofCity water service to the Property. This right shall be in addition to any other legal or equitable relief available to the City. 9. Not a Partner The Parties specifically acknowledge that the Project is a private development,that neither Party is acting as the agent ofthe other in any respect hereunder,and that each Party is an independent contracting entitywith respect to the terms,covenants and conditions contained in this Agreement. No partnership,Joint-venture or other association of any kind is formed by this Agreement. The only relationship between the City and Developer is that of a governmental entity regulating the development of private property and the owner of such property. DJM`Agreements`,paa 05-02 Dbi1ion 3 i 10. Indemnity and Cost of Litigation. a. Hold Harmless-Project. Developer 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 ofDeveloper or those of its contractors,subcontractors,agents,employees or any other persons acting in Developer's behalfwhich relate to the Project. Developer shall defend,indemnify and hall 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 Developer'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 Developer'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 ofwhether or not any insurance policies ofDeveloper relating to the Project are applicable. b. Third Party Litigation Concerning Agreement. Developer 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. 11. Section Headings. All section headings and sub-headings are inserted 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'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,including fees for in-house counsel of the Parties. 14. Binding Effect The burdens of this Agreement bind and the benefits of this Agreement inure to the successors in interest of the Parties hereto. 15. 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 in behalf ofthe legal., fee title owner of the Property. 16. Waiver and Release. Developer 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 Project and Developer's and City's entry into and execution ofthis Agreement. Developer makes such waiver and release with full knowledge of Civil Code Section 1542,and hereby DJM Agreementslpaa 05-02 Dhillon 4 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." 17. Construction. The Parties agree that each Party and its counsel have reviewed this Agreement and that any rule ofconstruction 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 ofthis Agreement. 18. Entire AP -reement. 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 anypreceding of any kind or nature to interpret or determine the terms or conditions of this Agreement. By executing this Agreement,the Parties hereby expressly terminate that certain Agreement for Annexation and Provision for City Utility Services dated December 6,2005,between the Parties which, in part, addressed the subject matter hereof. DEVELOPER Date: Avtar K. Dhillon, a Wi _w CITY OF REDLANDS Date: November 7, 2006 Jon/ affison, ayor ATTEST: Z Date: November 7, 2006 City Clerk DJNTAg,reemcnts%paa 05-02 Dhillon 5 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 118 1, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on November 7, 2006, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Jon. Harrison and Lorrie Poyzer I X) personally known to me - or - { } proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. NoNktjll 111[IfI111111, WITNESS my hand and official seal. LORRIE POYZER, CITY CLERK oP4 B y: 0 Teresa Ballinger, Assjstart-, Iiy Clerk (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust x Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Agreement for 'Annexation and Provision of City Water SelA ice (Measure "U" Compliance) Date of Document: November 7, `2006 Signer(s) Other Than Named Above: Avtar K. Dhillon, a Widow; Developer State of �` �( County of On 1� tJY Z� before me, /y Date ` Name and Title of Officer k,g.'Jarnbs Doe,Notary Ni) personally appeared Names)of r) ❑personally known tome —OR— proved tome on the basis of satisfactory evidence to be the perso (s) whose name()is/afe-subscribed to the within instrument and acknowledged to me that-4e/shel executed the same in hieftr/their authorized capacity0s), and that by +Wher/theif-signatures)on the instrument the persoXs), #K,O,,STIN NOEL.L"TON Q! or the entity upon behalf of which the persons)acted, COMM.#1437319 A executed the instrument. NOTARY PUBUGc`V NIASAN BERNARDWO COUNTY C!a ' WITNESS my hand and official seal s /V OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Attomey-in-Fact ❑ Trustee ❑ Trustee til ❑ Guardian or Conservator Guardian or Conservator ❑ Other: Other: Top or thumb here Top of Unxnb here f' Signer is Representing: Signer is Representing: EXHIBIT "A" LOT 3 EXCEPTING THE SOUTH 18 INCHES, AND THE SOUTH 3 FEET OF LOT 2, BLOCK 61, MENTONE TOWNSITE, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 OF MAPS, PAGE 35, RECORDS OF SAID COUNTY. BY ORDER OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA, DATED JULY 6, 1.936, A CERTIFIED COPY OF WHICH WAS RECORDED JULY 11, 1936, IN BOOK 1149 OF OFFICIAL RECORDS, PAGE 240, THE ALLEY RUNNING IN A NORTHERLY AND SOUTHERLY DIRECTION THROUGH SAID BLOCK 61, WAS VACATED, CLOSED AND ABANDONED. BY ORDER OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA DATED MAY 1, 1939, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 4, 1939, IN BOOK 1345, PAGE 269 OF OFFICIAL RECORDS OF SAID COUNTY, BERYL AVENUE ADJOINING SAID BLOCK. 61 WAS REDUCED TO A WIDTH OF 50 FEET, BEING 25 FEET ON EACH SIDE OF THE CENTER LINE OF SAID AVENUE.