HomeMy WebLinkAboutContracts & Agreements_76-2006_CCv0001.pdf Recorded in Official Records. County of San Bernardino 412712006
LARRY WALKER � 3 PM
x,--iW, Auditor/Controller — Recorder
Recording requested by R Regular Mail
and when recorded mail to: qr
Dog#: 2006—0288404 Titles: 1 Pages: 7
City Clerk Fees 9.e6
City of Redlands Taxes 0.00
Taxer 0.00
P. O. Box 3005 PAID $0.00
Redlands, CA 92373
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
AGREEMENT FOR ANNEXATION AND PROVISION
:FOR CITY WATER SERVICE
(MEASURE "U"COMPLIANCE)
This Agreement for Annexation and Provision of City Water Service("Agreement")is made
and entered into this 18th day of April, 2006, by and between the City of Redlands, a municipal
corporation organized and existing under the laws of the State of California("City")and,Henry L.
and Judy E.Gale("Developer"),who are sometimes individually referred to herein as a"Party,"and
collectively, 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 ofthe property commonly known as Lot 45,Tract 2869,Mentone Vista Subdivision,M.B.
39/61-63 (Assessor Parcel No. 0298 152 24), in the County of San Bernardino, and is located in an
unincorporated area within the City's sphere of influence (the "Property"); and
WHEREAS, Developer proposes to construct a single family residence (the "Project") on
the Property; and.
WHEREAS, Government Code Section 56133 authorizes the City to provide new or
extended services bycontract 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
J:'011y COUncil Reports lPlanninglpaa e5-06 gate 1"pri 1.
WHEREAS, the City's General Plan and Chapter 13.60 of the Redlands Municipal Code
establishes policies and procedures for the approval of City water service to development located
within the City's sphere of influence and requires, 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
in the City's sphere of influence which is unwilling and/or fails to comply with the City's General
Plan and the Citvs development standards by refusing to extend water service in such instances;and
I
WHEREAS,pursuant to the requirements of Chapter 13.60 of the Redlands Municipal Code
and in consideration for the City's agreement to extend water service 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 Henry L. and Judy E. Gale agree as follows:
AGREEMENT
I Recitals. The foregoing recitals are true and correct.
2. Provision of Water Service. The City agrees to provide water service to the Property
consistent with the ten-ns and conditions of this Agreement, provided that the Project complies with
all rules and regulations of the City governing the extension and provision of water service to
properties located outside the City's boundaries at the time a request by Developer for 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 service 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
a water connection and prior to receiving any water service, the full cost of such service as
established by the City for the extension of water service to the Property.
3. Agreement to Develgp by City Standards. In consideration of the City's agreement
to provide City water service 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.
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4. Agreement to Annex. In consideration of the City's agreement to provide City water
service 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. "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 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 water service to the
Property,Developer shall pay to the City,as a condition of receiving such service 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 water service.
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 water service 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,
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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.
11. 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. GoverningLaw. This Agreement and any dispute arising hereunder shall be governed
by and construed in accordance with the laws of the State of California.
11 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 in-house counsel
of a Party at rates prevailing in San Bernardino County, California.
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.
16. 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 action's
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 to the extent of this waiver and release, of
such Section 15421 is applicable, Civil Code Section 1542 provides as follows:
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"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, The Parties hereby terminate that specific agreement entitled
"Agreement for Annexation and Provision for City Utility Services (Measure "U" Compliance)"
dated March 7, 2006. 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
Date:_. Nc
Henry
4LeEL Date:
Judy' iGale
CITY OF REDLANDS
-
Date: April 18 , 2006
d
Jon jarrison, ayor
ATTEST:
Date:_Apr il 18, 2006
City,aerk
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ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERN ARDI NO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 118 1, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on April 18, 2006,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison and Lorrie Poyzer I Xj personally
known to me - or - f ) 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.
0 F R WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
1888
Z Teresa
Ballinger,
Assist�
it
Clerk
,,
(909)798-753 1
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
(Measure "U" Compliance)
Date of Document: April 18, 2006
Signer(s) Other Than Named Above: Henry L. Gale and Judy E. Gale
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On �Jf vCp `
before me, Y INC) Y� b k
Date Name and Title of Officere.
( g.,"Jane Doe, otary Public")
personally appeared �,, cAr.- �L
Name( t Signe s
:-) personally known to me
roved to me on the basis of satisfactory evidence
to be the persores whose name&iB/ e ubscribed
to the within instrument and acknowledg�to me that
tgp,RRA b&s�/ 5; caexecuted the same in )4is�r/ e
Comm t 1456q'Zt authorize paci fes and that by Ks/-ittrl ee
�e Caxttl signaturqa on them rument the person( or the
E �ourdy Dec 1& 7 entity upon behalf of which the persor� acted,
executed the instrument.
WITNESS my hand and official I.
(N� 1HIA IBARUA
111
�Otl# 145MI Place Notary Seal Above
(` Signature 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 rr��
Title or Type of Document:
Document Date: J Number of Pages:
Signer(s) Other Than Named Above:_N / A---
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual ❑ Individual
G- Corporate Officer—Title(s): ❑ Corporate Officer Title(s): _
-
Partner—[:�i Limited [I Ge ai -
�, ] Partner- C: L' ited [Ji General r
�, Attorney in Fact Top of thumb here C::7 Attorney in et w • •'
D Trustee L...-i Trustee Top of thumb here
E-] Guardian or Con ator Gua an or Conservator
1] Other:
O er-
Signer Is resenting: Signer Is Representing:
Cinsr: gm
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