HomeMy WebLinkAboutContracts & Agreements_26-2001_CCv0001.pdf Recorded in official Records, county of
,San Bernardino, Larry Walker,
Recorder
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Recording requested by Doc No . 20010051747
and when recorded mail to: 2 : 09PM 02/12/01
City Clerk 205 MOM 03 18
City of Redlands
P. O. Box 3005 1 E 2 F 3 F-1 4 F 5 F-1 6 [_ 7 Fj 8 r— 9 F-1 0 F_-]
Redlands, CA 92373 PG FEE APF GIMS PH CPY I CRT C" ADD NM PEN PR PCOR
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NON ST LN SVY C1T_C0 TRANS_TAX . DA CHRG EXAM
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 3rd day of January, 2001, 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 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
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WHEREAS,Developer has provided evidence,satisfactory to the City,that Developer is the
fee owner of the property commonly known as County of San Bernardino Tentative Tract No. 15932
and which is more particularly described as Assessor's Parcel No. 298-2111-47 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
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
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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,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 Agreements 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 followino, terms when used in this Agreement shall have the
meanings ascribed to them:
a. "Agreement" means this Agreement for Annexation and Provision of Utility
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Services.
b. "Annexation"means the procedure for a change of organization or reorganization
set forth in the Cortese-Knox Local Government Reorganization Act of 1965 (Government Code
sections 56000 et sLeq.).
c. "Developer"means De Sousa Development and its successors-in-interest to all or
any part of the Property.
d. "Project"means the nine(9)lot single family subdivision development proposed
on the Property and approval as County of San Bernardino Tract No. 15932.
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 pro vii-11C 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 services,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
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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-I Zone 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.
6. Pavment of Fees. 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 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 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.
S. Recordation. By entering into this Agreement,Developer and the City acknowledge
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1AWEEKLY.RPW.AOO-01,WPD 5
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.
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. 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.
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
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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
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defense of any such claim, action or proceeding.
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.
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13. Governing Law. This Agreement and any dispute arising hereunder shall be
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governed by and construed in accordance with the laws of the State of California.
14. AttoEnevs'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 Leal, 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 Developer's and City's entry into and execution of this
Agreement. -Developer makes such waiver and release with fuii '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."
1AWEEKLY.RVIAPA00-01 NPI)
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.
jDEIV : ER 7, 1 CIT F REDLAIIDS
its General Partner Mayor
De Sousa Development
Date: Attest:
Cit Clerk
Date: February 2_001
9
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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
Feb. 1, 2001 . before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie
Poyzer, City Clerk of the City of Redlands, California, personally appeared David Sousa
I I personally known to me - or - fx I proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
.Ow-Iti I i I fi // WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
ORA,
Isla4
% By: 1
Li.F&� Beatrice Sanchez, Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
JxY4 Corporate Officer(s)
Title(s) General Partner
Company DeSousa Development
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
Other
Title(s)
Entity Represented
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: January 3, 2001
Signer(s) Other Than Named Above: Pat Gilbreath, Mayor, and Lorrie Poyzer, City Clerk
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 February 6,
2001, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lor�r'ie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Pat Gilbreath and Lorrie Poyzer
f Xj 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 --e-uted the same in 'eh7 authorized capacities and that by their signatures on the instrument
- '�'j _� � I their
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
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LORRIE POYZER, CITY CLERK
4
By:
iZ 188 -v City Beatrice Sanchez, Depu( C: Clerk
(909)798-7531
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RN%
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
Corporate Officer(s)
Title(s)
Company
Par
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
f x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, California
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: January 3, 2001
Signer(s) Other Than Named Above: David Sousa for DeSousa Development