HomeMy WebLinkAboutContracts & Agreements_114-2004_CCv0001.pdf Recorded in Official Records,County of San Bernardino 7/2812004
LARRY WALKER 1VT 37 AM
;4� Auditor/Controller — Recorder
t fjR Regular Mail
Recording requested by
and when recorded mail to: Doc#: 2004-0530292 Titles: 1 Pages: 7
Fees 0.30
City Clerk Taxes 0.30
0.
City of Redlands Paton
P. O. Box 3005
Redlands, CA 92373
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
AGREEMENT FOR ANNEXATION AND PROVISION
FOR CITY UTILITY SERViCES
This Agreement for Annexation and Provision of City Utility Services("Agreement")is made
and entered into this 20" day of July, 2004, by and between the City of Redlands, a municipal
corporation organized and existing under the laws of the State of California("City")and Barbara A.
Hyman,("Developer"). The City and Developer 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,Developer has provided evidence,satisfactory to the City,that Developer is the
fee owner of the property described as Parcel 3. Parcel Map 4430, and more commonly referred to
as Assessor's Parcel No.298-013-24 and located in an unincorporated area within the City's sphere
of influence (the "Property"); 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 development 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 requiring
the owner to annex the Property to the City upon certain conditions; and
lAP1anningV0HNW1SC\paa04-0l Barbara Hyman.wpd 1
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 the development
standards of the Redlands Municipal Code; 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 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 of the Property 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;
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 Barbara A. Hyman 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-Hertzberg Local Government Reorganization Act of 2000(Government Code
sections 56000 et sem.).
c. "Developer"means Barbara A. Hyman and her successors-in-interest to all or any
part of the Property.
d. "Project" means the development of a single family residence proposed on the
Property and described as County of San Bernardino, Parcel 3, Parcel Map 4430, located on the
southwest comer of San Bernardino Avenue and Opal Avenue, and more commonly referred to as
Assessor's Parcel No. 0298-013-24.
3. Provision of Utilitv Services. The City agrees to provide utility services to the
Property consistent with the terms and conditions of this Agreement, provided that the Project
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 Developer for
1:\Planning\JOfJN',M]SC'\paaO4-Ot Barbara Hyrnan.vk-pd 2
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. As a condition of approval of an application for water
connection and prior to receiving any services, the Developer agrees to pay the full cost of such
services as established by the City for the extension of utility services to the property.
4. Agreement to Develop by City Standards. In consideration of the City's agreement
to provide City water services to the Property, Developer shall develop the Property in accordance
with the Redlands General Plan, the Development Standards of the R-1 Zone of the Redlands
Municipal Code, and all other applicable provisions of the Redlands Municipal Code.
S. Agreement to Annex. In consideration of the City's agreement to provide City water
services to the Property,Developer 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. Developer 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 to the City is
proposed, Developer shall be responsible for such costs.
6. Taxes and Assessments. Developer hereby consents to the imposition of,and agrees
Developer 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, Developer 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 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 of the County of San
Bernardino. Developer further agrees that City shall, at the sole cost of Developer,have the right to
cause the recordation of this Agreement.
8. Breach/Failure to Annex In the event Developer fails to comply with its obligations
under this Agreement or takes 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 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
development, 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 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.
10, Indemnity and Cost of Litigation.
a. Hold Harmless - Project. Developer agrees to and shall hold the City, its !
is Planning'JO[INvMISC',paaO4-01 Barbara Hyman.wpd 3
elected officials, officers, agents and employe es free and harmless from any and ail liability for
damage or claims for damage for personalinjury; including death, and claims for property damage
which may arise from the operations, errors,or omissions of Developer or these of its contractors,
subcontractors,agents, employees or any other persons acting on Developer's behalf which relate to
the Project. Developer 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 Developer's acts,errors or omissions in connection with the
Project. This ht�ld harmless agreement applies to all damages and claims for damages suffered or
alleged tp have been suffered bye reason ofDevelopees or its representatives'acts;errors or ornisslc ns
regardless a`,f wI i er..vr not*: City supple ,prepared sir approved plans or specificatinrts rel tin
to the Prvect acrd regardless of whether or riot any insurance policies of Developer 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 annul the appro�ral ofth s Agreementor 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; Liquidated Damages In the event that the Property is not annexed to the City in
accordance with the terms ofthe Agreement,the owner ofthe 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 Project.
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.
13. Qjg erring Law. This Agreement and anydispute arising hereunder shall be governed
by and construed in accordance:with the laws of the State of California.
14 Attgjt! ys'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: Brodie Effect. The burdens of this Agreement bind and the benefits of this
Agre.ernent fixture to the successors in interest of the Parties hereto.
16. A_ithority.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, 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 Develop es and City's entry into and execution of this
I;°Platmin oHT-VIvIISClpaaG4.OI Barbara Hymn.wpd 4
Agreement. Developer 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.
DEVELOPER
� g Date:
Barbara A. Hyman V
CITY OF REDLANDS
Date: July 20, 2004
Sus Peppler, Mayor
ATTEST:
Cit Jerk
Date: July 20, 2004
I:iFlannsng\JOHN\A41SC\paaO4-01 Barbara Hyman,",pd 5
ALL-PURPOSE ACKNOWLEDGMENT
41,
iR STATE OF CALIFORNIA }
COUNTY OF SAN BERNARDINO } SS
CITY OF REDLANDS )
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on July 20, 2004,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the
City of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer
( X) personally known to me - or - I } 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.
WITNESS my hand and official seal.
"""`'• `� LORRIE POYZER, CITY CLERK
AP°
gs, X88 ' * By: _
'..>d.>`= ° �w�`� Beatrice Sanchez, Deputy City 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 for City Utility Services
Date of Document: July 20, 2004
Signer(s) Other Than Named Above: Barbara A. Hyman
i
ALL-PURPOSE ACKNOWLEDGMENT
State of l '
County oiL �jA�1 4�rtiGUC C 6��
Ot, )u*,-Q- Q5 , QQQ5- before me, U i Ila,
Data Name and Title of Officer(e.g.,'Jane Doe,N&ary Public
personally appeared } v► L J'
Name($)of signer($)
❑ personalty known to me - OR - Aproved to me on the basis of satisfactory evidence to be the personal
whose name44is/are-subscribed to the within instrument and acknowledged to me that 4;e/sheA4ey-executed
the same inAWher/heir authorized capacity(ies), and that by hWher/#heir signature(e)-on the instrument the
person(%),or the entity upon behalf of which the person(-v- cted, executed the instrument.
! . �w. a
t sA MIS N i NIJ W � WITNESS my hand and official seal.
i .Ort^mS r;r 1b r 1T a
z
Sign re of otary Public
OPTIONAL
Though the data 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 {n�
Title or Type of Document: nV-1 r Y I�Y1 Vl 2 tCG��L N ,L 0,VId
4-' t t
LA-kiA kV, Sz--r vi C--e-
Document Date: Number of Pages:___
Signer(s)Other Than Named Above: ��t,lSc�,✓Z t� f.� r''
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
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee - ° , . r`,- ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator s
[3 Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
S0294CA(R02l11 x^006) 1994 NATIONAL NOTARY ASSOCIATION-8236Remmet Ave..P.O.Box 7184-Canoga Park,CA 81309-7184