HomeMy WebLinkAboutContracts & Agreements_213-2007_CCv0001.pdf Recorded in Official Records, County of San Bernardino 2)0412008
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LARRY WALKER sow ��
f4ok_ AR, Auditor/Controller — Recorder
Recording requested by P Counter
and when recorded mail to:
Doc#: 2008—0050882 Titles: t Pages: 14
Ctty Clerk II Fees 0.00
Taxes 0.00
City of Redlands 44 II Other 6.00
P. O. Box 3005 I f sl PAID $0.66
Redlands, CA 92373
FEES !,'OT REQUIRED
HR (, vE€MNAENI CODE
SEClr0N 6103
AGREEMENT FOR 'l-HE ANNEXATION OF AN "IN-FILL PROJECT"AND THF
PROVISION FOR CITY t.JTII._I'I Y SI::RVICES TO St_1CH PROJECT
This Agreement for Annexation of an "In-fill Project" and the Provision of City
Utility Services ("Agreement") is made and entered into this Loth day of November.
2007, by and between the City of Redlands. a municipal corporation organized and
existing under the laws of the State of ("allilornia ("City") and the County of San
Bernardino. a political subdivision of the State of California ("Developers'). who are
sometimes individually referred to herein as a"Party" and, together. as the "Parties. *
RECITALS
WHEREAS. to provide for orderly planning. the Cite (I) has the authority
pursuant to Government Code Sections 65300 and 05301 to include within 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
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WHEREAS, the Developer proposes to construct a fire station and accessory
I
building (the "Project") on approximately 19,303 square foot parcel of property located a
the northeast corner of Crafton Avenue and Mentone Boulevard in the County of San
Bernardino and identified as County of San Bernardino Assessor's Parcel No. 208-211-
36 (the "Property"); and
WHEREAS, the Developer has provided evidence,. satisfactory to the City, that
the Developer is the fee owner of 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 ("LAFCQ"), 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 of San. Bernardino 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
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determined that the Propert} 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 agreernent to extend utility= services
outside its jurisdictional boundaries to the Property, the 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; and
WHEREAS, City staff has determined that the development which is the subject
of this Agreement constitutes"new individual in-till construction of single family homes
on existing lots of record bounded by developed property as of March 1. 1997 " and
WHEREAS, the development that is the subject of this Agreement is,
accordingly, exempt from those General. Plan provisions enacted by the voter approved
initiative ordinance commonly known as "Measure li.,,
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NOW. THEREFORE, in consideration of the mutual covenants contained herein
and other good and valuable consideration, the receipt of which is hereby acknowledged,
y of San Bernardino agree as follows:
the City of Redlands and the Count
A(.iRI—FM I?NT
I. Recitals. The foregoing recitals are true and correct.
2. ovision of litilit> Services. The Cite at to provide utility services to
Pr
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 the 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 services unless and until the Developer complies with all such rules
and regulations. As a condition of approval of an application for water connection and
the Developer agrees to pay the full cost of such services
prior to receiving any services,
as established by the City for the extension of utility services to the Property.
3, A 7reement to Develop by City Standard:. In consideration of the City's
agreement to provide Citi' grater services to the Property, Developer shall develop the
Property in accordance with the. Redlands General flan and the development standards of
the Redlands Municipal Code.
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. ��reement to Annex. In consideration of the City's agreement to provide.
City water services to the Property, the 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' 000 (Government Code sections 56000 et sect.). The
Developer and the City agree that in the event the City initiates an annexation of the
Property, the City shall be responsible for the casts of such annexation. In all other
instances where the annexation of the Property to the City is proposed, the Developer
shall be responsible for such costs.
5 Taxes and Assessments. The Developer hereby consents to the
imposition of, and agrees that it 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.
6. Recordation. By entering into this Agreement, the 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 the Developer shall
have actual and constructive notice of the Developer's obligations under, and the benefits
and burdens of this Agreement. Therefore, this Agreement and any amendments hereof.
a
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shall be recorded in the official records of the County of San Bernardino. The Developer
further agrees that the City shall, at the sole cost of the Developer, have the right to cause
the recordation of this Agreement.
7. Breach/Failure to Annex. In the event the Developer fails to comply with
its obligations under this Agreement or takes any action to protest, challenge, contravene
or otherwise breach any of its 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.
8, Not a Partnership. The Parties specifically agree 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 the
Developer is that of a governmental entity regulating the development of property and the
owner of such property.
9. Indetnnity and Cost ofLitigation.
a. Hold Harmless _ Project. The Developer agrees to and shall hold
the Cite, its elected officials, officers. a<,�cnts Lind emplove�s free and harmless frorn any
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and all liability for damage or claims for damage for personal injury, including death. and
claims for property damage which may arise fiorn the: operations, errors or omissions of
the Developer or those of its contractors, subcontractors, agents. employees or any other
persons acting on the Developer's behalf which relate to the Project. The 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 the 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 the 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 the Deti'eloper relating to the Project are
applicable.
b. Third Party Litigation Concerning Agreement. The Developer
shall defend, at its expense, including attorneys' f-ees, 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.
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10. Liouidated Damages In the event that the Property is not annexed to the
City in accordance with the terms of the As reement, 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 payments shall be cause for the City to cease water and/or sewer
service to the Project.
11. Section Eleadings. 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 the 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.
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15. Authority to L-.xecute. The person or persons executing this Agreement in
behalf of the Developer warrant and represent that they have the authority to execute this
Agreement on behalf of the legal, fee title owner of the Property.
16. Waiver and Release. The 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 the
Developer's and the City's entry into and execution of this Agreement. The Developer
makes such waiver and release with full knowledge of Civil Code Section 15= 2, 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."
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
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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.
DEVELOPER. COUNTY OF SAN BERNARDINO
�f Date:
Bi"Danny, Wurl, Deputy Chief fo San Bnardina County Fire Department/CSA 38
V (See page 10A)
CITY OF REDLANDS
Date: November 20, 2007
Xayor
ATTEST:
V,2�� - Date: November 20, 2007
Cit Jerk l ,✓
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LEGAL DESCRIPTION
SAN BERNARDINO COUNTY FIRE PROPERTY LOCATED AT 1.330 CRAFTON AVENUE
STRETCH MAP MENTONE PTN LOT 8 BLK 1.2 COM AT SW COR SD LOT TH N I DEG 39 MIN W 200.08
FT TH E 616.5 FT TO W LI SP RR R/W TH S 200 FT TH W TO POB EX ELY 70 FT AND EX PTN COM AT A
PT ON W LI SD LOT 8 SD LI BEING ALSO THE ELY LI CRAFTON AVE DIST 200.08 FT N 1 DEG 31 MIN
W FROM SW COR OF SD LOT TH E PARALLEL TO S LI SD LOT 240 FT TH S 1 DEG 39 MIN E 200.08 FT
TO S LI SD LOT TH W ALG S Ll SD LOT 30 FT TH N 1 DEG 39 MIN W 170.08 FT TH W PARALLEL TO S
LI SD LOT TO W LI SD LOT TH N 1 DEG 39 MIN W 30 FT TO POB AND ALSO EX PTN COM AT SW COR
SD LOT TH N 1 DEG 39 MIN W 200.08 FT TH E PARALLEL TO S LI SD LOT 8 240 FT TO TRUE POB TH S
1 DEG 39 MIN E 200.08 FT TO S LI SD LOT TH E TO W LI SP RR R/W TH N ALG SD W LI R/W 200 FT TH
W PARALLEL TO S LI SD LOT 376.5 FT TO TRUE POB AND EX STS
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS 1
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 November 20, 2007,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared. Jon Harrison, Mayor and Lorrie Poyzer, City
Clerk( X} 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 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.
WITNESS my hand and official seal.
REO
LORRIE POYZER, CITY CLERK
A�
Teresa Ballinger, Assistant City C erk
(909)798-7531
------------------------------------------------------------
CAPACITY CLAIMED BY SIGNERS)
{ } Individual(s) signing for oneselflthemselves
{ } Corporate Officer(s)
Title(s)
Company
{ }
Partner(s)
Partnership
{ } Attorney-In-Fact
Principal(s)
{ }
Trustee(s)
Trust
{ x } Other
1"itle(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 the Annexation of an "In-Fill Project" and the provision
for City Utility SenYices to such Project
Date of Document: November 20, 2007
Signer(s) Other Than Named Above:
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.
DEVELOPER
Date:
7J9�' —
Danny R. rl, Deputy ief fon Bernardino County Fire Department/CSA 38
CITY OF REDLANDS
Date:
Mayor
See Page 10
ATTEST:
Date:
City Clerk
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of ++ ( Y1 Be�Y1arG{ino
On < < I Zo0-1—, before me, NACIr t1 C No+ek►-c.� Puld(C.
Date Name and Title of Officer(e.g.,`Jane Doe,Notary Public"
personally appeared QAC�'1N 9• mar E
Name(s)of Signer(s)
(personally known to me
I� proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
t.ARRA MANAUU to the within instrument and acknowledged to me that
Com^# 160792 he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
Son beaKffidino,county 4
MVCorYrs►bvwm Doc 17 signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal. 1
Place Notary Seal Above ' /(/��C4 ilk(�
Signature of Notary Ptrbf'
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: T re"A4nn eerl-ION A�)rQ ciq Cn+
Document Date: t t1 �0� Number of Pages: ID
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual C:a Individual
[J Corporate Officer—Title(s): :::a Corporate Officer—Title(s):
17 Partner—[,] Limited ❑General 1IM011111111190111AIVEIVII 1_7 Partner—❑ Limited C:_7 General
,11 Attorney in Fact Tap of thumb here El
in Fact Top of thumb here
El Trustee [ITrustee
❑ Guardian or Conservator C Guardian or Conservator
El Other: :: Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reordec Call Toll-Free 1-800-676-6827