HomeMy WebLinkAboutContracts & Agreements_85A-2004_CCv0001.pdf Recorded in Official Records, County of San Bernardino 6/18/2004
LARRY WALKER 8:42 Am
Auditor/Controller — Recorder UT
Recording requested byov-
and when recorded mail to; R Regular Mail
City Clerk Doc#: 2004-0433399 Titles: 1 Pages: 8
City of Redlands Fees 0.30
P. O. Box 3005 Taxes 0.30
Other 0.30
Redlands, CA 92373 PAID gg,30
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AGREEMENT FOR ANNEXATION AND PROVISION
FOR CITY UTILITY SERVICES FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
This Agreement for Annexation and Provision of City Utility Services("Agreement")is made
and entered into this 15`h day of June, 2004, by and between the City of Redlands, a municipal
corporation organized and existing under the laws of the State of California("City") and De Sousa
Development, ("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 bat
to pre5859
-zone property within its sphere of influence for the purpose of determ
to the City; and ining the zoning
designation that will apply to such property in the event of a subsequent annexation of the property
WHEREAS,Developer has provided evidence,satisfactory to the City,that Developer is the
fee owner of the property comprising Tentative Parcel Map No. 15925, which is located in an
unincorporated area within the City's sphere of influence (the "Property") and which the Developer
intends to develop as a multi-family residential development; 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
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Ia'lanningUOIIN"i4tlSc\paaO3-08 De Sousa Development,wpd
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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
s
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 De Sousa Development 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:
Services. a. "Agreement" means this Agreement for Annexation and Provision of Utility
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 sea.).
c. "Developer"means De Sousa Development and their successors-in-interest to all
or any part of the Property.
d. "Project"means the improvement of the Property for the purposes of constructing
a maximum of sixteen (16) multi-family residential dwellings in eight duplex units, pursuant to
existing project approvals.
e. "Existing Project Approvals" means Tentative Parcel Map No. 15925 and a
Conditional Use Permit for 16 multi-family residential dwellings in eight duplex units on 2.7 acres
, its conditions of approval issued by the County of San Bernardino as of the effective date of this
Agreement and as described in Exhibit"A"attached hereto and incorporated herein by reference,and
those certain project approvals in effect as of the effective date of this Agreement with respect to this
I:ll'lanningkJC7HN'tMISC`,paa03-0$Ike Sousa Development.upd
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Property.
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v f "Property„means the real property owned by Developer which is more particularly
described in Exhibit"B", attached hereto and incorporated by this reference.
3. Provision of Utility 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
application for a water and sewer 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 and sewer connection and prior to receiving any services,the
full cost of such services as established by the City for the extension of utility services to the property.
4. AgLeement to Develorr by CitiT ,
Standards In consideration of the City's agreement
to provide City water and sewer services to the Property, Developer shall develop the Property in
accordance with the Redlands General Plan, the Development Standards of the R-2,Multi-Family
Residential District of the Redlands Municipal Code, and all other applicable provisions of the
Redlands Municipal Code.
5. Agreement to Annex In consideration of the City's agreement to provide City water
and sewer 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 is proposed to the City, Developer shall be responsible for such costs.
o. Monetary Consideration for Service Extension Concurrent with the City's extension
of services to the Property,Developer shall pay to the City,as a condition of receiving such services
in accordance with the voter approved amendment to the City's General Plan known as Measure"U",
a sum equivalent to all capital improvement and ether development fees which would be applicable
to the Property if the property was within the City limits at the time of extension of the services.
7. 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.
8. 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
I:'ir'lanning`JOIINIMISC1paa03-08 be Sousa Development.wpd
cause the recordation of this Agreement.
9. 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.
10. Nota 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.
11. Indemnity and Cost of Litigation.
a. Hold Harmless - Project. Developer 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 Developer or those 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 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 of whether or not 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 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.
12. �esIn 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 pa
cause for the City to cease water and/or sewer service to the Project. yments shall be
13. Section Headings. All section headings and sub-headings are inserted for convenience
only and shall not affect any construction or interpretation of this Agreement.
1:\,Platining\JOHN\N,IISC\Paa03-08 De Sousa Development.wpd 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California '
ss.
County of r-in '�-_rnatrdino '
On 5/24/04before me, Laurel Hunt
,
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public-)
personally appeared David Sousa '
Name(s)of Signer(s)
K personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person( whose name(g) is/aw
subscribed to the within instrument and 1'
acknowledged to me that he
9 APT&VW executed
the same in his/k9rfRXRV authorized
Corr�bMeh�1 770s� capacity(ieq and that by hislOWMW
signatures) on the instrument the person(x), or
AAk �
son `CA the entity upon behalf of which the person(M
� 10 C"*
Jul 15,2004 acted, executed the instrument.
Eel
WITNESS my Fund and official seal.
L( L�
Place Notary Seal Above / 3ignaturee Notaryy Public
tj
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 AttachedDocumen
Agreement for Annexation and Provision for City
Title or Type of Document:—tJts
Document Date: 6/15/04 Number of Pages: 6
Signer(s) Other Than Named Above:
Signer's Name: Claimed by Signer ----- --------- -- —
Signer's Name:_—_— navid Sousa
C..a Individual •
4' Cor ratlOn —_— — —--- Top of thumb here
f.� Corporate Officer--Title(s): —_P_o
Partner—❑ Limited ❑ General
O Attorney in Fact
❑ Trustee
E-1 Guardian or Conservator
CJ Other:
. _ t-
Signer Is Representing: negousa revel_ opmPn_
0 1999 Natlatal Notary Amso atwn-8350 ue Soto Ave-,P.O_Box 2402•Chatsworth,CA 91313-2402•www_oatro alnotalv.org Prod-No.5907 Reorder Call Toll-Free 1-800-876-6827
ph
4usan
OFLREDLIAS
Date: June 15, 2004
pler, Mayor
f6f""'
ATTEST:
City ,,lerk
Date: June 15, 2004
T.lPlanningkJC7HN'A41$C paaO3-08 De Sousa Development.-,vpd 6
ALL-PURPOSE ACKNOWLEDGMENT
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 June 15, 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
f X) personally known to me - or - f 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.
10
EWITNESS my hand and official seal.
LORRIE POYZER, CITY (_'LERK
18 8 8 V
...........
B
% y:
/F0_ Beatrice Sanchez, Deputy City Clerk C
rrr (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 - De Sousa Development
Date of Document: June 15, 2004
Signer(s) Other Than Named Above: David Sousa