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HomeMy WebLinkAboutContracts & Agreements_154-2008_CCv0001.pdf Recorded in Official Records. Gonnty of San Bernardino 3/03121109 LARRY WALKER 4:47 PM FV Auditor/Controller — Recorder Recording requested by R Regular Mail and when recorded mail to: Doe#: 2009—00904$9 Titles: 1 Pages: 7 City Clem ) Fees 0.00 City of Redlands Taxes 0.00 Other 0.00 P. O. Box 3005 ( i PAID $0.00 Redlands, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 AGREEMENT FOR ANNEXATION AND PROVISION OF CITY UTILITY SERVICES This Agreement for Annexation and Provision of City Utility Services ("Agreement") is made and entered into this 16th day of September, 2008, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California ("City") and Faith Chapel of Mentone ("Developer"). City and Developer 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) 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 proposes to construct a church facility(the "Project") on the Property; and WHEREAS, Developer has provided evidence, satisfactory to the City, that Developer is the fee owner of the property identified as County of San Bernardino Assessor Parcel No. 0298- 181-31 (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 l: lfanning'..BCJffTre-Annexation"Pre Annex 08-01 (Faith Chapel).doc; 9 2 08 1:()7 pin 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 cial 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 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 Faith Chapel of Mentone agree as follows: AGREEMENT 1. Recitals. The foregoing recitals are true and correct. 2. 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 and Engineering 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 services, the full cost of such services as established by the City for the extension of utility services to the Property. 1: Plannine,130R'Pre-Annexation�Pre Annex 08-01 (Faith Chap<2).doc 08 1:0'17 pm 3. Agreement to Develop by City 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 and the development standards of the Redlands Municipal Code. 4. 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 the City and agrees it shall take any and all reasonable and necessary actions, and fully and in good faith cooperate with the City, to cause the annexation of the 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 of 2000 (Government Code sections 56000 et seq.). Developer and the City agree that in the event the 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. 5. Payment 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. 6. Taxes and Assessments. Developer hereby consents to the imposition of and agrees that 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 the 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 1 9 hereunder, and that each Party is an independent contracting entity with respect to the terms, 1:,Plan n in g"113013"Pre-Annexat i on'�Pre Annex 08-01 (Faith ChapO).doc 9,2!08 1:07 pm 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 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 in Developer's behalf which relate to the Project. Developer 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. Il. 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 use of in-house counsel by a Party. 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 of the legal, fee title owner of the Property. 1:iPlanning�BOB'Prc-Annexation,a're Annex 08-01 (Faith Chap4).doc 9i2/08 1:0-1 pna 16. Waiver and Release. Developer hereby waives and releases any and all claims it may have against the 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 full knowledge of Civil Code Section 1542, and hereby waives any and all rights thereunder. 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 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. 18. 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. FAITH CHAPEL OF MENTONE Date: William Brewer, Fever and CITY OF REDLANDS Date: September 16, 2008 Jon am son, Mayor ATTEST: Date: September 16, 2008 City-Clerk 1:T Ian nin g"BOB\Pre-Annexation"Pre Annex 08-01 (Faith Chapqj).doc 9/2/08 1:07 Pin ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OFREDLANDS By the author't\ granted under Chapter 4., Article 3. Section 1 18 1. of the California Civil Code, and Chapter 2, Division 3, Section 40814, oil' the California Government Code, on September 16, 2008, before me. Teresa Ballinger, Assistant City Clerk, on behalf of t.orrie Poyzer., City Clerk of the City of Redlands, California, personally appeared Jon Harrison, Mayor and Morrie Poyzer, City Clerk who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is�are subscribed to the within instrument and acknowledged to me that h&she they executed the same in his/her,their authorized capacity(les) and that by his/herTtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS my hand and official seal. R E LORRIE POYZER, CITY CLERK P_P0P %. (P 1888 ........ tee Bv: /z I F nj � Teresa Ballinger, Assistant City. ClcrV (909)798-7531 ---------------------------------------------------------------------- CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselUthemse1%,es Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Pact. Principal(s) Trustee(s) Trust fxj Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands., a municipal corporation ----------------------------------------------------------------- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUIMENT DESCRIBED BELOW: Title or"Type of Document: Agreement for Annexation and Provision of City Utility Services Date of Document: September 16, 2008 Signer(s)Other Than Named Above: Faith Chapel of dentode, bv: William Brewer, Reverand CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of--� On / b f me Date , , ere seTtWMe a itle f the Officer personally appeared Names)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the persorlewhose nameKis/are subscribed to the within instrument and acknowledged to me that he/sW/tpey executed the same in hist/tom authorized capacity.(ija<and that by his/0e6r/tom signaturgk<on the MC instrument the perso or the entity upon behalf of lip Comntlsslon• 1780970 which the perso acted, executed the instrument. NO"hd) c -CaWoMft Ban► 11110rnordino County I certify under PENALTY OF PERJURY under the laws COMM E)Okftkgb1,2012 t of the State of California that the foregoing paragraph is true and correct. WITNESSWaan off I se Place Notary Seal Above Signature Signa "of Notary Public 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: 0 Individual ❑ Individual Ei Corporate Officer—Title(s): i7 Corporate Officer—Title(s): Ci Partner—❑ Limited D General . «: ,, [::..i Partner—(,_,' Limited O General O Attorney in Fact • El Attorney in Fact « ❑ Trustee Top of thumb here 1.r_.J Trustee Top of thumb here 7 Guardian or Conservator J Guardian or Conservator Other: 7 Other: Signer Is Representing: Signer Is Representing: ©2007 Nai,onal Notary Association-9350 De Soto Ave,,PO Box 2402-Chatsworth,CA 913132402-www.NationalNotaryorg Item h590�77 Reord,call Toll-Free 1-800.876.6827