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HomeMy WebLinkAboutContracts & Agreements_24-1998_CCv0001.pdf PREANNEXATION AGREEMENT THIS PREANNEXATION AGREEMENT("Agreement")is made and entered into this 19th day of May, 1998, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California ("City"), and Hampton Land, Ltd., L.P., a California limited partnership ("Landowner"). RECITALS A. The Landowner is the owner of certain real property located in the sphere of influence of the City, consisting of approximately four hundred sixty-three(463) acres, and more specifically described in Exhibit"A" attached hereto and located as shown on the map attached hereto as Exhibit "B" (the"Property"). The Landowner and the City both desire to have the Property annexed to the City, on mutually agreeable terms. B. The Landowner is exploring development alternatives for the Property which include, but are not limited to, a residential project including a golf course and accompanying amenities, with a density approximately twenty-five percent less than that permitted at maximum build out under the City's General Plan. However, no formal plans for development of the Property for residential, or any other use, have been submitted to the City. C. Before proceeding with further planning of the Property and requesting annexation, the Landowner wishes to obtain a reasonable level of assurance from the City as to the Landowner's ability to develop the Property in a manner consistent with the City's existing General Plan and the City's existing rules and regulations governing land use. The City desires to encourage uses of the Property consistent with its existing General Plan, and consequently is willing to enter into this Agreement to proceed with annexation of the Property to the City. D. In connection with the adoption of its General Plan, and pursuant to the requirements of the California Environmental Quality Act(Public Resources Code Sections 21000 et seq.)("CEQA") the City prepared an environmental impact report ("EIR"), and certified that the EIR satisfied the requirements of CEQA, and the City's local CEQA Guidelines. The analysis contained in the EIR adequately analyzed each and every potentially significant environmental impact associated with the potential annexation of the property to the City under the City's existing General Plan and rules and regulations. In compliance with CEQA, the City has adopted a negative declaration in connection with the City's consideration of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, Hampton Land, Ltd. L.P. and the City of Redlands agree as follows: 1. Annexation. Promptly following approval and execution of this Agreement by the City, the Landowner shall file an application ("Annexation Application") with the San Bernardino County Local Agency Formation Commission ("LAFCO"), requesting approval of annexation of the DJM3-1 01-E 1) Property to the territorial jurisdiction of the City("Annexation"). The foregoing notwithstanding, it is understood between the parties that neither action by the City as conducting authority for the Annexation or any other related City proceedings pertaining to the Annexation shall be completed until such time as: (i) the Landowner has prepared formal development plans for the Property and obtained final approval from the City of all entitlements necessary to carry out and construct such formal development plans, (ii)any additional documents necessary for compliance with CEQA have been certified by the City, and (iii) the time period during which any legal action or referenda challenging those plans and entitlements and/or the associated CEQA compliance has elapsed. 2. Effective Date of Agreement. Subsequent Agreement- Term a. This Agreement is effective immediately upon approval and execution by the parties. b. The Landowner intends to submit an application for a development agreement to the City which,upon annexation of the property, shall, at a minimum,provide for vesting of the City's then- existing land use regulations and the Landowner's formal development plans and entitlements, and address other issues of mutual concern relating to development of the Property. The development agreement shall be considered by the City concurrently with any entitlements necessary for the Landowner's formal development plans. This Agreement shall terminate on the effective date of the ordinance approving the development agreement or eighteen(18)months from the Effective Date of this Agreement, whichever occurs sooner. 3 3. Land_ LTse Approvals a. As soon as practical after the Landowner has submitted its application to LAFCO for Annexation of the Property and has prepared formal development plans for the Property, the City shall initiate proceedings to prezone the Property, with one or more zoning designations, to permit land uses on the Property consistent with the City's existing General Plan and the landowner's final development plans for the Property. b. The Landowner's development of the Property shall remain subject to (i) all applicable subdivision,grading,building, or other approvals, and(ii)payment of all development-related fees. Nothing herein is intended to preclude the City from imposing any legally permissible conditions upon future approvals for development of the Property. The development of the Property further shall be subject to all applicable provisions of CEQA. c. Upon Annexation of the Property to the City, the Landowner shall have the right to develop the Property and obtain building permits necessary for construction of any or all of the number and types of structures subject to, and as permitted by, the City's General Plan and rules and regulations. The maximum height and size of all buildings and other improvements on the Property, and any reservations or dedications of land for public purposes, shall be as permitted by the City's General Plan and rules and regulations. Any conditions or requirements imposed by the City in connection with the Landowner's processing of formal development plans and obtaining [)JM326aLE 4 entitlements shalt not exceed thosey imposed picall Im osed in connection with similar approvals for other properties similarly situated in the City and having similar development rights. i d. Any complete land use applications or permits, environmental analyses, or other similar documents filed by the Landowner with the City in connection with development of the Property shall be processed promptly by the City. 4. Municipal Services a. Following Annexation of the Property, the City shall provide full municipal services to the Property. The charges for the provision of such municipal services shall be those provided for in the City's General Plan and rules and regulations. b. The Landowner and City agree that the City's existing rules and regulations provide a mechanism for the Landowner to receive a credit toward utility annexation charges and connection fees for the reasonable costs of any wells, lines and related improvements required by the City to be installed or constructed by or at the expense of the Landowner. Similarly, to the extent that the Landowner provides, as part of its development of the Property, its proportionate share of other forms of municipal facilities, including but not limited to parks, streets and drainage improvements, the City's existing rules and regulations permit the Landowner to offset the costs against fees or other exactions otherwise imposed in connection with provision for such facilities. To the extent DJIM3260rr 5 that the Landowner may be required to provide more than its proportionate share of any such facilities, in accordance with the provisions of the Subdivision Map Act(Government Code Section 66410 et. sere j, the City shall provide for reimbursement to the Landowner for the excess costs, either from other benefitted landowners or by additional offsets against City fees or other exactions. c. The Landowner may, individually or in concert with owners or developers of other land in the City,request the City to initiate proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Sections 53311 et sec,), to establish mechanisms for acquiring, constructing and financing public facilities required in connection with development of the Property. If so requested, the City shall cooperate fully with the Landowner and initiate proceedings, at the Landowner's sole expense,for such mechanisms to be established,in a reasonable manner consistent with customary industry standards. d. The Landowner shall comply with the City Municipal Utilities Department's policies governing water conservation and the use and construction of"dual water distribution systems" to provide non-potable water to the Property for recreational, "common" and other areas of the Property proposed to be landscaped and maintained by irrigation facilities. 5. Future Development Agreement a. Concurrent with the submittal by the Landowner of an application for a development project for the Property, it is the intent of the Landowner to also submit an application for a [AN132661-F 6 development agreement for the project. Consistent with other development agreements submitted to the City, the City will consider a request by the Landowner to fix the amounts of capital improvement fees payable by the landowner for the project to those amounts in effect at the time of approval of the project. 6. Complete Agreement. Amendment-, Severability. Iml2lementation. This Agreement represents the complete understanding between the parties, and supersedes all prior agreements, discussions and negotiations relating to the subject matter hereof. No modification or cancellation of this Agreement shall be valid unless in writing and executed by the parties. If any provision of this Agreement is determined to be invalid or unenforceable,the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect,unless such invalidation renders any remaining provisions impossible or impractical to enforce. The parties agree to cooperate and act expeditiously and in good faith in carrying out their obligations under this Agreement, including, but not limited to, preparation and processing to completion of any formal development plans submitted by the Landowner to the City. 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 receive reimbursement for its reasonable attorneys' fees and costs. 7. Binding Effect; Assignment. a. This Agreement shall bind, and inure to the benefit of, the respective parties and their successors in interest to the Property or any portion thereof. DJM32601,E 7 b. The Landowner may assign its rights and obligations under this Agreement to any other person or entity ("Assignee"), at any time during the effective period hereof, provided that such assignment shall occur in connection with the sale, hypothecation or other transfer of an interest in the Property or a portion thereof, including any foreclosure of a mortgage or a deed in lieu of such foreclosure. The Landowner shall give the City notice of any such assignment, and the Assignee shall provide the City with notice acknowledging its acceptance of its obligations to the City hereunder as a successor in interest to the Landowner. Upon such assignment,the Landowner shall be relieved of its rights and obligations hereunder, to the extent that such specifically have been transferred to and accepted by an Assignee. 8. Indemnification Hold Harmless. The Landowner shall defend,indemnify and hold harmless the City of Redlands, its elected officials, officers, employees and agents from any and all claims, losses, damages and causes of action, except those initiated by the Landowner to enforce or interpret this Agreement,which may be commenced as a result of the parties' entry into, execution and carrying out of this Agreement and any proceedings associated therewith. 9. Attorney's 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. DJM3260Le 8 1 Q. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties have executed this Agreement, to be effective as of the date set forth herein. HAMPTON LAND, LTD., L.P., a California limited partnership By: WEST COAST LAND, L.L.C., a T as limited liabjity mpany 1 , By: 4��- �� William B. Pohl, President CITY OF REDLANDS, a munic. al corporation By: �- May Atte; Deputy City Clerk '04 Prepared under the supervision of Lawrence L. Truman, L.S. No. 5346 Expires 12/31/99 KEITH INTERNATIONAL, INC. 22690 Cactus Ave., Suite 300 Moreno Valley, CA 92553 (909) 653-0234 \-AN'D EXHIBIT "A") LEGAL DESCRIPTION ILS 5346 TO ACCOMPANY DEVELOPMENT AGREEMENT Exp. 12/311199 FOR HAMPTON HEIGHTS PARCEL"A" THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP I SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND AND THAT PORTION OF BLOCK 78, ACCORDING TO MAP OF THE SAN BERNARDINO RANCHO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT MARKED BY A STEEL PIPE 4 INCHES IN DIAMETER AND FILLED WITH CONCRETE;DISTANT FROM THE NORTHEAST CORNER OF SAID BLOCK 78, SOUTH Oo O'EAST, 2,999.68 FEET AND NORTH 0- 03' WEST, 2,216.52 FEET FROM THE SOUTHEAST CORNER OF SAID BLOCK 78, SAID POINT BEING ALSO 406.00 FEET SOUTH 00 O'EAST FROM THE NORTHEAST CORNER OF LOT I OF SAID BLOCK 78; THENCE NORTH 81 0 52' WEST, 643.70 FEET TO A POINT MARKED BY A 4-INCH PIPE FILLED WITH CONCRETE ; THENCE SOUTH 740 23'WEST, 973.32 FEET TO A POINT MARKED BY A STEEL PIPE 4 INCHES IN DIAMETER AND FILLED WITH CONCRETE; THENCE NORTH 810 15'WEST, 741.04 FEET TO A POINT MARKED BY A STEEL PIPE 4 INCHES IN DIAMETER AND FILLED WITH CONCRETE; THENCE NORTH 68- 4T WEST, 627.20 FEET TO A POINT MARKED BY A STEEL PIPE 4 INCHES IN DIAMETER AND FELLED WITH CONCRETE; N:a101-16.000\DOC\19209MIto.wpd[31026-009111 Page 1 of 6 ArAil 21 1099 EXHIBIT "A" LEGAL DESCRIPTION (Cont.) THEN=CE NORTH 480 09' WEST, 366.00 FEET TO A POINT MARKED BY A STEEL PIPE 4 INCHES IN DIAMETER AND FILLED WITH CONCRETE; THENCE NORTH 540 O5' WEST, 302.60 FEET TO A POINT MARKED BY A STEEL PIPE 4 INCHES IN DIAMETER AND FILLED WITH CONCRETE; THENCE NORTH 83° 06WEST, 201.80 FEET TO A POINT MARKED BY A STEEL PIPE 4 INCHES IN DIAMETER AND FILLED WITH CONCRETE; SAID POINT BEING ON THE WEST LINE AND 2,833.25 FEET NORTH 0° 15' EAST FROM THE SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED BY DEED RECORDED IN BOOK 270, PAGE 197, OF DEEDS; THENCE NORTH 00 15'EAST ALONG THE WEST LINE OF SAID TRACT, 420.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT WHICH IS LOCATED IN LOT 3, OF SAID BLOCK 78; THENCE SOUTH 890 30'EAST ALONG THE NORTHERLY LINE OF SAID TRACT, WMCH IS LOCATED IN SAID LOT 3 OF BLOCK 78, 988.13 FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT 3; THENCE NORTH 0° 24'EAST ALONG THE DIVIDING,LINE BETWEEN LOTS 3 AND 4 OF SAID BLOCK 78, 1,980.00 FEET,MORE OR LESS, TO THE NORTHWEST CORNER.OF SAID LOT 4; THENCE SOUTH 890 52' EAST 2,604.30 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID BLOCK 78; THENCE ALONG THE EAST LINE OF SAID BLOCK, SOUTH 0° 03'EAST, 2,999.68 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM A PARCEL OF LAND CONSISTING OF 8.4 ACRES,MORE OR LESS, BEING A PART OF LOT 4 IN BLOCK 78, AS CONVEYED BY THE SAVINGS BANK OF SOUTHERN CALIFORNIA, TO JOHN G. HALL BY DEED RECORDED MARCH 9, 1896 IN BOOK 222, PAGE 114, OF DEEDS. ALSO EXCEPT THAT PORTION THEREOF LYING SOUTHWESTERLY OF SAND CANYON ROAD, AS EXISTED ON JUNE 28, 1967. x:�31m6.000\D ecu aaept.*-Aaio'6.00]1I Page 2 of 6 ,aj,;t 23.19N EXHIBIT "A" LEGAL DESCRIPTION (Cont,) EXCEPT ALL OIL, GAS, PETROLEUM, BREA, ALL KINDRED SUBSTANCES, PRECIOUS METALS, ORES, ASPHALTUK MINERALS, WHETHER KNOWN OR UNKNOWN AT THIS TIME AND ANY OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 504 FEET MEASURED VERTICALLY FROM THE SURFACE OF SAID LAND, BUT WITHOUT ANY RIGHT OF SURFACE ENTRY TO TAKE OR RECOVER SAME, AS RESERVED BY METROPOLITAN SAVINGS AND LOAN ASSOCIATION, A CORPORATION, IN DEED RECORDED JUNE 30, 1967 IN BOOK 6848, PAGE 623, OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO IN DEED RECORDED JUNE 10, 1981, INSTRUMENT NO. 81-126925, OFFICIAL RECORDS. PARCEL"B" THAT PORTION OF BLOCK 78, ACCORDING TO MAP OF THE SAN BERNARDINO RANCHO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT MARKET} BY A STEEL PIPE 4 INCHES IN DIAMETER AND FILLED WITH CONCRETE;DISTANT FROM THE NORTHEAST CORDER OF SAID BLOCK 78, SOUTH 0° 03'EAST 2,999.68 FEET AND NORTH 0° O3'WEST 2,216.52 FEET FROM THE SOUTHEAST CORNER OF SAID BLOCK 78, SAID POINT BEING ALSO 406.00 FEET SOUTH 00 03'EAST FROM THE NORTHEAST CORNER OF LOT I OF SAID BLOCK 78; THENCE NORTH 810 52' WEST 643.70 FEET TO A POINT MARKED BY A 4-INCH STEEL PIPE FILLED WITH CONCRETE; THENCE SOUTH 740 23'WEST, 973.32 FEET TO A POINT MARKED BY A STEEL PIPE 4 INCHES IN DIAMETER AND FILLED WITH CONCRETE; THENCE NORTH 81- 15' WEST, 741.00 FEET TO A POINT MARKED BY A STEEL PIPE 4 INCHES IN DIAMETER AND FILLED WITH CONCRETE; THENCE NORTH 680 4T WEST, 627.20 FEET TO A POINT MARKED BY A STEEL PIPE 4 INCHES IN DIAMETER AND FILLED WITH CONCRETE; THENCE NORTH 48° 09'WEST, 366.00 FEET TO A POINT MARKED BY A STEEL PIPE 4 INCHES IN DIAMETER AND FILLED WITH CONCRETE; THENCE NORTH 540 05' WEST, 302.60 FEET TO A POINT MARKED BY A STEEL PIPE 4 INCHES IN DIAMETER AND FILLED WITH CONCRETE; N:131026.OW\Doc\1920 Iepi.wp431a?.6.009111 Page 3 of 6 , ,,, 1009 EXHIBIT "A" LEGAL DESCRIPTION (Cont.) THENCE NORTH 83° 06' WEST, 201.80 FEET TO A POINT MARKED BY A STEEL PIPE 4 INCHES IN DIAMETER AND FILLED WITH CONCRETE; SAID POINT BEING ON THE WEST LINE AND 2,833.25 FEET NORTH 0° IYEAST FROM THE SOUTHWEST CORNER OF THE TRACT OF LANI.? CONVEYED BY DEED RECORDED IN BOOK 270, PAGE 197, OF DEEDS; THENCE NORTH 00 I5'EAST ALONG THE WEST LINE OF SAID TRACT, 420.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT WHICH IS LOCATED IN LOT 3, OF SAID BLOCK 78; THENCE SOUTH 890 30'EAST ALONG THE NORTHERLY LINE OF SAID TRACT, WINCH IS LOCATED IN SAID LOT 3 OF BLOCK 78, 988.13 FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT 3; THENCE NORTH 00 24'EAST ALONG THE DIVIDING LINE BETWEEN LOTS 3 AND 4 OF SAID BLOCK 78, 1,980.00 FEET,MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE SOUTH 890 52' EAST, 2,604.30 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID BLOCK 78; THENCE ALONG THE EAST LINE OF SAID BLOCK, SOUTH 0° 03'EAST, 2,999.68 FEET TO THE POINT OF BEGINNING. EXCEPT TFIEIt TROM A PARCEL OF LAND CONSISTING OF 8.4 ACRES,MORE OR LESS, BEING A PART OF LOT 4 IN BLOCK 78, AS CONVEYED BY THE SAVINGS BANK OF SOUTHERN CALIFORNIA, TO JOHN G. HALL BY DEED RECORDED MARCH 9, 1896 IN BOOK 222, PAGE 114, OF DEEDS. ALSO EXCEPT THAT PORTION THEREOF LYING SOUTHWESTERLY OF SAND CANYON ROAD, AS EXISTED ON JUNE 28, 1967. EXCEPT ALL OIL, GAS, PETROLEUM, BREA, ALL KINDRED SUBSTANCES, PRECIOUS METALS, ORES, ASPHALTUM, MINERALS, WHETHER KNOWN OR UNKNOWN AT THIS TIME AND ANY OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET MEASURED VERTICALLY FROM THE SURFACE OF SAID LAND, BUT WITHOUT ANY RIGHT OF SURFACE ENTRY TO TAKE OR RECOVER SAME, AS RESERVED BY METROPOLITAN SAVINGS AND LOAN ASSOCIATION, A CORPORATION, IN DEED RECORDED JUNE 30, 1967 IN BOOK 6848, PAGE 623, OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO IN DEED RECORDED JUNE 10, 1981, INSTRUMENT NO. 81-126925, OFFICIAL RECORDS. N:131026.000 19209 %M.vip431©z6."II 1 Page 4 of 6 Apit 23,1998 EXHIBIT "A" LEGAL DESCRIPTION (Cont.) PARCEL"F" THAT PORTION OF ORANGE HILLS TRACT, BEING A SUBDIVISION OF A PORTION OF LOTS 1, 2 AND 3, BLOCK 78, SAN BERNARDINO RANCHO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 19 OF MAPS, PAGE 99, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID ORANGE HILLS TRACT; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 81- 52' WEST, 643.70 FEET; THENCE SOUTH 740 23'WEST, 973.32 FEET; THENCE NORTH 810 15' WEST, 741.00 FEET; THENCE NORTH 68 0 47' WEST, 627.20 FEET; THENCE NORTH 48- 09' WEST, 366.00 FEET; THENCE NORTH 54- 05' WEST, 302.60 FEET; THENCE NORTH 83c' 06' WEST, 201.80 FEET TO THE NORTHWEST CORNER OF SAID ORANGE HILLS TRACT; THENCE SOUTH 00 15'WEST ALONG THE WEST LINE OF SAID TRACT, 1,418.56 FEET, MORE OR LESS, TO THE CENTER OF OVERCREST DRIVE; THENCE ALONG THE CENTER LINE OF SAID OVERCREST DRIVE THE FOLLOWING COURSES AND DISTANCES: SOUTH 500 22'EAST, 298.80 FEET; THENCE SOUTH 720 27' EAST, 617.50 FEET; THENCE NORTH 880 10'EAST, 363.60 FEET; THENCE SOUTH 86- 49'EAST, 312.00 FEET; THENCE SOUTH 590 39'EAST, 191.50 FEET; THENCE SOUTH 430 26'EAST, 487.00 FEET; THENCE SOUTH 33 0 32' WEST, 73.00 FEET; iN:\31026.00ONDMI92099801cgd.wp-431026.W9]11 Page 5 of 6 April 23,19" EXHIBIT"A" LEGAL DESC TION (Cont.) THENCE SOUTH 40 1 PWEST, 122.50 FEET; THENCE SOUTH 24° 25'EAST, 182.00 FEET; THENCE SOUTH 63" 45'WEST, 134.00 ET THENCE SOUTH 22° 48'WEST, 183.60 FEET TO THE POINT OF INTERSECTION OF THE CENTER LINE OF SAID 4VERCREST DRIVE WITH THE SOUTH LINE OF SAID ORANGE HILLS TRACT; THENCE EAST ALONG SAID SOUTH LINE, 594.4{}FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE CENTER LINE OF R,EDLANDSBOULEVARD, AS SHOWN ON SAID MAP; THENCE EAST ALONG THE CENTER LIME OF SAID BOULEVARD, 1,198.05 FEET TO THE SOUTHEAST CORNER OF SAID ORANGE HILLS TRACT; THENCE NORTH U"43'WEST, 2,216.52`FEET TO THE PINT OF BEGINNING.