HomeMy WebLinkAboutContracts & Agreements_28-2000_CCv0001.pdf I Y walker, recorder
Doc No . 20000102118
Recording requested by 1 * 50pm 03/27/00
and when recorded mail to: No Fee # 0
City Clerk 1 2 3 4 F 6 7
City of Redlands PC F E APF GIME Ph CPY CRT CPY - RM PEN PR I PCOR
P. O. Box 3005
Redlands, CA 92373 5
NON ST LN SVY CIT-CO TRANS TAX DA I CHRG EXAM
AGREEMENT FOR ANNEXATION AND PROVISION
FOR CITY UTILITY SERVICES
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 0^jo3
This Agreement for Annexation and Provision of City Utility Services ("Agreement") is
made and entered into this 21st day of March . 2000, by and between the City of Redlands, a
municipal corporation organized and existing under the laws of the State of California("City")and
M.V.E. Limited Partnership, ("Developer"). The City and Developer are sometimes collectively
referred to herein 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 Citv's srhere 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
MMEREAS,Developer has provided evidence,satisfactory to the City,that Developer is the
FAdjmkAgreemenN\PA98-03.wN I
fee owner of the property located on the northwest comer of Agate and Nice Avenues, Mentone,
California which is more particularly described as Assessor's Parcel Nos. 298-182-01 and 02 and
located in unincorporated area within the City's sphere of influence (the "Property"), and which is
the subject of a proposed thirty-six(36) lot single family subdivision development(San Bernardino
County Tract No. 13768); and
WHEREAS, Government Code Section 56133 authorizes the City to provide new or
extended services by contract outside its jurisdictional boundaries if it firstreceives 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
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
requiring the owner to annex the property to the City upon certain conditions; and
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WHEREAS,the City has prepared a General Plan for the unincorporated area in which the
Property is located and has determined that the proposed development of the Property is consistent
with the goals and policies of the City's General Plan and the 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 M.V.E. Limited Partnership agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are true and correct.
2. Definitions. The following terms when used in this Agreement shall have the
meanings ascribed to them:
f,':\djm'.AgreeinentsPA98-03_upd 3
a. "Agreement" means this Agreement for Annexation and Provision of Utility
Services.
b. "Annexation"means the procedure for a change of organization or reorganization
set forth in the Cortese-Knox Local Government Reorganization Act of 1965 (Government Code
sections 56000 et aeg.).
c. "City" means the City of Redlands, a municipal corporation including its City
Council, officers and employees.
d. "County" means the County of San Bernardino.
e. "Developer"means M.V.E. Limited Partnership and its successors-in-interest to
all or any part of the Property.
f. "Project" means the thirty six (36) lot single family subdivision development
proposed on the Property and approved by the County of San Bernardino as Tract no. 13768.
g. "Property" means the real property owned by Developer which is located on the
northwest comer of Agate and Nice Avenues,Mentone,California and more particularly described
as Assessor's Parcel Nos. 298-182-01 and 02.
J. 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
F:\djni\Agreements\-PA98-03.wpd 4
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
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 City's
voter-approved General Plan amendment known as Measure"U,"Developer shall 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.
4. Ci jy Development Standards. In consideration of the City's provision of water and
sewer services to the Property,Developer shall develop the Property in accordance with the Redlands
General Plan,the development standards of the R-1 Zone of the Redlands Municipal Code, and all
other provisions of the Redlands Municipal Code that may apply to the Property.
5. Agreement to Annex. In consideration of the City's provision of water and sewer
services to the Property, Developer 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. 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, the owner of the Property shall be responsible for such costs.
6. Payment of Fees. Concurrent with the City's extension of services to the Property,
F:.djrn'AgreementsTA98-03.wpd 5
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 capital improvement and other development fees which would be applicable to the Property if the
Property was located within the City limits at the time of extension of the services.
7. 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.
8. 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.
9. Breach/Failure to Annex In the event Developer falls to comply with its obligations
under this Agreement or takes an 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, to immediately terminate this Agreement and to cease the provision of City
utility services to the Property. This right shall be in addition to any other legal or equitable rights
C7
or relief available to the City.
1::'ti.iiii',,Agreements,PA98-03.wpct 6
10. 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.
11. 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 on 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 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 indemnity, defense and
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
A-
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expense and including the payment of 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.
C. Environmental Assurances. Developer shall indemnify and hold the City,its
elected officials, officers, employees and agents free and harmless from any liability, based or
asserted,upon any act or omission of Developer,its officers,agents,employees and agents free and
harmless from any liability, based or asserted, upon any act or omission of Developer, its officers,
agents, employees,contractors, subcontractors predecessors-in-interest, successors and assigns for
any violation of any federal,state or local law,ordinance or regulation relating to industrial hygiene,
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solid or hazardous waste or to environmental conditions on, under or about the Property. Such
violations shall include,but not be limited to, soil and groundwater conditions,and Developer shall
defend,at its expense,including attorneys'fees,the City,its elected officials,officer,employees and
agents in any action based or asserted upon any such alleged act or omission. The City,may, in its
discretion, participate in the defense of any such action.
12. Section Headino. All section headings and sub-headings are inserted for
convenience only and shall not affect the interpretation of this Agreement.
13. GoverningLaw. This Agreement and any dispute arising hereunder shall be
governed by and construed in accordance with the laws of the State of California.
F:\4jiii',A,-reeinentsiPA98-03.wpd 8
14. 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 any"in-house"legal fees
incurred by the City through its City Attorney.
15. Binding Effect. The burdens of this Agreement bind and the benefits of this
Agreement inure to the successors in interest of the Parties hereto.
16. 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 on behalf
of the legal, fee title owner of the Property.
17. 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 of the
City's actions or omissions relating to the Project and the 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."
I& Construction. The Parties agree that each party and its legal counsel have reviewed
I-':,.dj ni Agreements"PA98-03.wpd 9
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 its legal counsel regarding the
terms, conditions and effect of this Agreement.
19. 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 CITY OF REDLANDS
w
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its e aI PartW Mayor
V.E. Limited Partnership
Date: March 2, 2000 Attest:
City Cleo
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Date: Mardi 21, 2000
F:�djmiAgreements,,PA98-03.wpd
10
CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT d.`„.'`'^<�`�;"�;.'''u".':d`,{�,�-z.r-.,<-'. .+_` ,=.,-'u'"'t €f�.. �r!.!-� .r-.h,.,..�`�.^""��;s"n.'-.�'t ,a r;`C'':4`a. ..�;-,ir "`mY'i'�;'�.�"�`.£S�:p'\#:� `�""`.:,`,r,..�:,, '�.�..._,*4'✓..
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personally known to rye-OR- proved-><,proved to rite on the basis of satisfactory evidence to be the person(s)
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and acknowledged to me that he!she/they executed the
same in his/her/their authorized capacity(ies),and that b
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his'her/their signature(s)on the instr rnent the persons}, ,
or the entity upon behalf of which the personf s' acted, :
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WITNESS My hand and official seal.
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OPTIONAL
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`hough the information belowis not required by taws, it n7ey prove valuable to persons relying on the a6cument and could prevent
ff au Ment removal and reattachment of this form to another docurnent,
Description of Attached Document
Title or hype of lccment: /'t�lY£ Yt f,V1b ' C tt�`t t �i t 5i Ct1C�C C_
Document Cate:
Number of Pages: 10
Signer(s) Other Than Blamed Above: J
Capacity(iies) Claimed by Signer(s)
o= Signer's Name: Signer's Name:
Individual r
individual
Corporate Officer Corporate Officer
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Title(s): Title(s):
Partner Limited Generalartrer - Limited General
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Attorney-in-Fact Attorney-in-Fact
Trustee
Trustee
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Guardian or Conservator
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f, Other: TcP,
Other:
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Representing,-
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Signer 6s (�epreser}tir : Signer €s Representing:
_D 1P25 kla*.onai Nc`n.Assor.'abon•8236 Rernmet Ave-P 0,Box 7184' Canoga Park,.tea 91309-7184 Prod No 5907 � Reamer C211 ioi,'-Fee -&30-876-6827_82r
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 March 21,
2000, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Pat Gilbreath and Lorrie Poyzer
I XI personally known to me - or - f I 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.
NN-1 OF R�
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.. ........ LORRIE POYZER, CITY CLERK
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By:
% Beatrice Sanchez, Deputy City i ierk
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(909)798-7531
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CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
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, California
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW.-
Title or Type of Document: Agreement for annexation and Provision for City Utility Services
Number of Pages : twelve Date of Document: March 21, 2000
Signer(s) Other Than Named Above: Raymond Espinoza, M.V.E. General Partner