HomeMy WebLinkAboutContracts & Agreements_90-2007_CCv0001.pdf Recorded in official Records, County of San Bernardino
8/08/2007
LARRY WALKER 1:42 PM
/
AuditorController —
Recording requested by ��- Recorder MP
and when recorded mail to; ' R Regular Mail
City Clerk Doc#: 2007—0345319 Titles: t
City of Redlands Wages: g
P. 0. Box 3005 Taxes 0.00
Fees
Redlands, CA 92373 other e.ee
PAID 0.00
$8.88
AGREEMENT FOR VEXATION AND PROVISION
FOR CITY UTILITY SERVICES
(MEASURE"U"COMPLIANCE)
This Agreement for Annexation and Provision of City Utility Services ("Agreement"
made and entered into this 5rh day of June,2007, by and between the City of Redlands a
19
corporation organized and existing under the laws of the State of California Ci municipal
'T Greater.Los Angeles Inc. ("Developer"), who are sometimes individually referred to Home
,,
aI ry, and collectively, as the"Parties." herein as a
UCITA S
WHEREAS, to provide for orderly planning, the Ci
Government Code Sections 65300 and 65301 to include in its Gen eral tplanhe ut notify P suant to
boundaries which is in the City's sphere of influence or which in the City's jud en��outside its
to its strategic Planing,and(2)also has the authori cars a relation
to pre-zone prop' within its sphere of tYpursuant to Government Code Section 65859
designation that will apply to such p o ert Influence for the purpose of dcterxninin
to the City; and p Yin the event of.a subsequent S the zolung
annexation of the prop�fty
WHEREAS,Developer has provided evidence,satisfactory to the City,that Develo
peris the
fee Owner of the property common) known
Count � Y wn as Assessor Parcel Nos. 0298-221-09,43 and 57 in the
of Sa;s.$�ardino' more precisely described in Exhibit "A"attached and is located in an
unincorporated area within the City's sphere of influence(the"Pro
ed
PAY'), and
WHEREAS, .Developer proposes to construct fo
Tentative Tract 17060 (the`°Project") on the Pro '-five single family residences within
Perty; and
WHEREAS, Goverm1ent Code Section 56133 authorizes the Ci
extended services by contract outside its jurisdictional b t3' to provide new or
from the Localtion ouudaries if it first receives written a
oval
Provides that LA p may authorize mCrrussp n for San B p), and
Bernardino County ("LAFCt�"
influence in anticipation of a later change of or Provide such services within the City's sphe'ro
gareizationt; and
C:loocumcnts and SattnV,i,,ltopplL.ocal Scrringsgcmporary rnMMct FilestOWF_!paa 07.02 kbhomes.wpd
1
WHEREAS, the City's General plan and Chapter 1.3.60 of the Redlands Municipal
establish policies and procedures for the approval of City utility services to development Code
within the City�s sphere o-'influence and require, among other things, the owner of the property to
be served to eater into an agreement and record. the same in the official records of t
requiring the owner to annex the Property to the City upon certain conditions; and. he County
WHEREAS, the City has Prepared a General Plan f
uni
Property is located to provide for the orderly Planning of such or earea anncod hastdeed area
rermined 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 discourageand not facilitate development
in the City's sphere of influence which i.s unwilling anchor fails to comPIy with.the City's General
Plan,and. the City's development standards by refusing to extend utility services th such instances;
and
WHEREAS,pursuant to the requirements of Chapter t 3.60 ofthe Redlands Municipal Code
and in consideration for the City's agreement to extend utility services outside its jurisdictional
boundaries to the Property, �3eveloper has entered into this Agreement to provide assurances to the
City that development of the Property will occur in accordance with the Redlands Gene l ply and
the Development Standards o tl�e R edlands Municipal Code,and that the property shall be annexed
to the City in accordance with this Agreement's terms,provisions and conditions;
NOW, °lHEREFOR..E,in consideration of the,mutual covenants contained herein and other
goad and valuable considelation,the receipt of which is hereby acknowledged,the City of Redlands
and KB Hoare Greater Los Angeles Inc. agree as follows.
AGREE
i. e ital . Theforegoing recitals are true and correct.
2. pre isie�n of C till Sex�riees. 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 gov in.g the extension and provrslon of utile
services to properties located outside the City's boundty
aries 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 provide such services unless
and until Developer complies with all such rules and.regulations. In acdance with the voter-
approved General Plan amendment known as Measure i°I,.t,"I3evelaper coragrees to,pay,as a condition
of approval of an application for water connection and prior to.receiving any spices,the foil ca
Of such services as established by the City fox the extension Of utility services to c pro st
Perty,
3. e�zent o I:levelota b�-Cite #andards l'n consideratiern of the City's agreement
to provide City water and sewer sen"ces to the prop t , Developer shall develop the Propert
accordance with the Redlands G General Ilan, the Development Standards of the R-I Zane of the
c
`Documcnts and 5eet n a6J t t4ppSi Heal S� ingq`T"crgP0'tatrr InTemet F lca`OLKSFTaa 07-02 kShoTrim.wp
Redlands municipal Code, and all other applicable provisions of the ed,
vi S Redlands Municipal Code
except that the exterior block wall along N ice Avenue and Sapphire Avenue may be setback fifteen
0 5) feet instead of the required twenty-fivc(25) feet.
4. AZ!ft9M9nt_t_Q_Annex. In consideration of the City's agreement to provide City water
, Developer hereby irrevocably consents to annexation of the
and sewer services to the Property, 'r
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,,
mews 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.
EA_vMgBt of_Fees. Concurrent with the City's extension of 0 service, t the e pro perty,
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 easu e"U,"a s
m 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, ha2m�a &sessm 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 ofDeveloper's obligations under,and the benefits and burdens of„ 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
&ht to cause the recordation,of this AgTeenicrit.
8. BLq vFail Lqjtpo AnnIn 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 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 Ndiwenbu�v_, The Parties specifically acknowledge that the Project is a p
development,that neither Party is acting as the agent of the other i private
a e
h n any respect hereunder,and that
each Party is an independent contracting entity with respect to the tenor, 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 ofprivate property and the owner of such property,
Tntemet FiI*cs\OLK5Fpaa 07-02 k6hor_IM,wpd 3
10. 1
lad Cost,-qfJJU tion.
_ggj_
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 Developees acts, errors or omissions in connection with the Project. This hold harmless
agreement applies to all darnages and claims for damages suffered or alleged to have been suffered
by reason.of Developer's or its representatives'acts,errors or omissions regardless ofwhether 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 Coti.cerning Agreement. Developer shall defend,at its
expense, including attorneys' fees, indemnify and hold h rm,lesi 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 JLe_adinp. All section headings and sub-licadings; are inserted for
convenieuce,only and shall not affect any construction or interpretation of this Agreement.
12. Gov MpiggLaw. This Agreement and any dispute arising hereunder shall be governed
by and construed in accordance with the laws of the State of California,
13. Att_qme,�q Fees. In the event any action is commenced to enforce or interpret the
terms w-vonditions of this Agreement the pre-vailiTig Party shall,in addition to&ty costs and othe-.
relief*he entitled to the recoveryof its reasonabie aftorne�s'fees,ipcluding fees for in-Douse counsel
of the Parties at rates prevailing in Sar,Bernardino County, Cali foruia.
14, BWd,i —Effect. The burdens of this Agreement bind and the benefits of this
Agreement inure to the successors in interest of the Parties ham-to,
15. Authority-po Execute., The person or persons executing this Agreement in behalf of
Developer warrant and represent that they have the authority to execute this Agmernent in behalf of
the legal, fee title owner of the Property.
16. Waiver and Ka egg. 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 fiffl knowledge of Civil Code Section
1542, and hereby waives any and all right.-,thereunder to the extent of this waiver and release, of
such Section 1542 is applicable, Civil Code Section 1542 provides as follows:
r-ftOmments and rig i ii c lS&hn;skTcmpamry Into:net FfleskOLK5Ftpia 07-02 kbhomc&wpd 4
"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. QMM"tio - 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 repmsents an"arms-length"transaction agreed to byand 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.
RugmAgLeme trL. This Agreement,rescinds the Pre-Annexation Agreement between
,
the Parties dated October 17, 2006, and this A&-eement further, 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.
Q\Documznts and se&znxejai top*;Larval SMings"Tcmporsty Int of Filcs-,OLM `gyp=07-02 k7*hojncs.wpd 5
DEVELOP.
Date: 1 d
4KGre ter Los Angeles Inc.
Stacey Sassaman
Di C forward PlaRN09
CITY OF REDLANDS
Date: June 5, 2007
3 I3 msc ; 1 ayc3r
ATTEST:
Date: June 5, 2007
Cid Clerl
=, curet n
and SefitiTrp{jaftoppN ] n k", Tar"InItMi t FileS?OLK52% 0^.
� 02 kbhrsmec.wxt 6
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 June 5th, 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 I 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 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.
LORRIE POYZER, CITY CLERK
4, gy
OR4 I.,
1883
4
L I F By: Teresa Ballinger, Assistant,- ity Clerk
(909)798-7531
-----------------------—------------—–—------—----
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attornev-ln-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 ATTACKED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Agreement for Annexation and Provision for City t-)'tl'litv Services
(Meazsure "U" Compliance)-, APN 0298-2121-09, 43, and 57
Date of Document: June 5, 2007
Signer(s) Other Than Named Above: Stacey Sassaman Director-Forward Planning for KB Home
Greater Los Angeles, Inc.
Z!,
ACKNOWLEDGMENT
State of California
County of Los Angeles
On June 1, 2007, before me, Sheri McInturff, Notary Public, personally
appeared Stacey Sassaman, personally known to me (9F preved to me OR the
ba--;,-
is of satisfaGteFy evideRGe4 to be the person{} whose name(s4 is/a-re
subscribed to the within instrument and acknowledged to me that 4e�she4hey
executed the same in 4is/her4h& authorized capacity(ies), and that by
4Wher4h&signatureko on the instrument the person((, or the entity upon
behalf of which the persons) acted, executed the instrument.
WITNESS my hand and official seal.
SHER11MCINTURFF
Comm!"Slon#1598123
Notary Public-Callfomla
Los Angeles County
Signature t 1�il MyComm.ExpiresAuq 27,200
/y
MAP OF PROJECT LOCATION
w
cn
MENTON£ BLVD
SITE '
NAPLES �
?; AV
z �
<t
NICE AV
< w
8 w
•K CL
COLTON AV
NORTH