HomeMy WebLinkAboutContracts & Agreements_159-2003_CCv0001.pdf Recorded in Official Records. County of San Bernardino 811212003
LARRY WALKER Ma 1 PM
SAW EMMAR Auditor/Controller — Recorder
Recording requested by
R Regular Flail
and when recorded mail to:
Doc#: 2003—0599602 Titles: 1 Pages: 8
City Clerk Fees 0.00
City of Redlands Taxes 0.00
0.00
P. O. Box 3005 OthePolarO.eO
Redlands, CA 92373
AGREEMENT FOR ANNEXATION AND PROVISION
FOR CITY UTILITY SERVICES FEES NOT REQUIRED
PER GOVERNMENT 606E
SECTION 6103
This Agreement for Annexation and Provision of City Utility Services("Agreement")is made
and entered into this 5`'' day of August, 2003, by and between the City of Redlands, a municipal
corporation organized and existing under the laws of the State of California("City")and Marilyn J.
Burchill,("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 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 of the property comprising San Bernardino County Tentative Tract No. 15602, which is
located in an unincorporated area within the City's sphere of influence(the-Property-)and which the
Developer intends to develop as a single family residential developraent; 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 ("LAECO"), 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 Citv 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
l:APlanningUOfiM.MfSCpaaO3-04,leif Slavin.wpd
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
Z�:,
in the City's sphere of influence which is unwilling an&Ior 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 Marilyn J. Burchill auree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are true and correct.
1) Definitions. The following terms when used in this Agreement shall have the
meanings ascribed to them:
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 Hertzber(l Local Government Reonza-nization Act of 2000(Government
Code sections 56000 et sLeq.).
c. "Developer"means Marilyn I Burchill and her successors-in-interest to all or any
part of the Property.
d. "Project"means the improvement of the Property for the purposes of constructing
a maximum of five (5) single family residential dwellings, pursuant to existing project approvals.
e. "Existing Project Approvals"means Tentative Tract No. 15602, its conditions of
approval issued by the County of San Bernardino as of the effective date of this Agreement and as
described in Exhibit "A" attached hereto and incorporated herein by reference, and those certain
project approvals in effect as of the effective date of this Agreement with respect to this Property.
f."Property"means the real property owned by Developer which is more particularly
1:'.Planniti,"JOHNxMISC,paaO3-04 JeffSlavm.vvpd
described in Exhibit"B", attached hereto and incorporated by this reference.
3. Provision of Utilitv,,..Services. The City agrees to provide utility services to the
Property consistent with the tern-is 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 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 voter-
approved General Plan amendment known as Measure "U," Developer agrees to pay,as a condition
of approval of an application for water and sewer 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. A-2reement to Develop by City Standards. In consideration of the City's agreement
to provide City water and sewer services to the Property, Developer shall develop the Property in
accordance with the Redlands General Plan, the Development Standards of the A-2 Zone of the
Redlands Municipal Code, and all other applicable provisions of the Redlands Municipal Code.
S. Ai4reement to Annex. In consideration of the City's agreement to provide City water
and sewer services to the Property, Developer hereby irrevocably consents to annexationof 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. 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.
6. Payment of Fees. Concurrent with the City's extension of services to the Property,
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 -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 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 any action to protest, challenge, contravene or otherwise breach any
I!,Planiiin-,JOUL�N�IMISC',PaaO3-04 Jeff Slavin,wpd
of it 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.
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 bet-ween 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 Litiaation
a. Hold Harmless - Project. Developer agrees to and 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 agrees to and 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
In
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 oithis 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.
12. Liquidated Damages In the event that the property is not annexed to the City in
accordance with the terms of the Agreement,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 andilor sewer service to the Project.
Ject,
13. Section Headings. All section headings and sub-headings are inserted for convenience
only and shall not affect any construction or interpretation of this Agreement.
14. 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.
15, Attorneys'Fees. In the event any action is commenced to enforce or interpret the terms
1aPlanninL,'kiOlINIMISC'PaaO3-04.letf Slavin,wpd 4
or conditions of this Agreement theP revailing party shall, in addition to any costs and other relief,
be entitled to the recovery of its reasonable attorneys'ttorneys' fees,
16. Binding Effect. The burdens of this Agreement bind and the benefits of this
Agreement inure to the successors in interest of the Parties hereto.
17. 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.
18. 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 w
or omissions relating to the Project and Developer's and Cit zn Citv actions
oJ Vs 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 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
1.
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."
19. 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,
20. Entire Ac-,reement. 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
"L%
- �- D ate:
T*rilvn JAu
SEE ATTACHED
ICALIFORNIA ALL PURPOSE ToniaV. Bierman
ACKNOWLEDGEMENT —/-I&- I -" -? `
Or
"f U6
826 ai� Q
Coronado, C -92118
1:\P3anning'001 iNXMISC,paa03-04 Jeff SJavjn.wpd 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
s
W
s
State of California,/°
tt A
ss.
County of
On before , - c% r
Da`= _ Name 8 Tide cer{e.g .!ane ,N—o ark PuFIt�'
persohally appeared _ d-
Na,e .of ogner?
€� s
personally known to me
F�LLLA !E proved to rite on the basis of satisfactoryevidence
_T;:Wk
cta 1321 9W1
Notary Public-Cartfornia fz to be the persons whose carne{ is/ e '
San Diego County
23, subscribed to the within instrument and
vl %MyCcrrm acknowledged to rte that hAheltk6y executed
f
the same in Vs IherltWtr authorized
capacity{iK. and that by Wllher/tk6ir
signatureisl'on the instrument the person s, or
IN the entity upon behalf of which the personal
acted, executed the instrument. ;
2
WITNESS my hand and official seal.
N2
�,
S;Qture of Ncj,.,y P ..
4f;
` IL
v
Thouah hhe informatri
ion below is ot,equired bs law,it n7ay prove valuable to persons rely ing on the docunnent and could revert
ttachment of this form to gnome,decurrent.
fraudute t ren o al and rea
Description of Attached Document
Title or Type of Document: d7 .<
t
r e ix
�: Document;date; Number of Pages:
,4
Signer(s)Other Than darned Above;
Capacity(ies) Claimed by Signer
Ir
s
Signer's Marne:
Individual Too
c{
Corporate Officer Title{s; _ Ui
Partner ® Limited General ;
Attorney-in-Fact _
..
Trustee
Guardian or Conservator
Other:
E � y
Signer Is Representing: ,
� Y
�x
C,tygc Nat,;a!iAotar{ks iar•9,350 De Stro?.a.,PO Box%402•Gnats,rors;,CA 911113-2402 n€r aVo nctary.o€g Proe No 5-1; i=eOP1 088 To.€-r>e�1-80G-8-76-68-2-1
CITY OF REDLANDS
Date: August 5, 2003
Karl N. Haws, Mayor
Attest:
Date: August 5,2003
�Lr'
e Poyzer, i Jerk
,v E
x
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 August 5,
2003, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Power, City Clerk f
the City of Redlands, California, personally appeared Karl N. Haws and Lorrie Poyzer
{ 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.
OF
LORRIE POYZER, CITY CLERK
z4P0ag
a
i
$g °
1888
By:
Beatrice Sanchez, Deputy City Clerk
(909)798-7531
it
CAPACITY CLAIMED BY SIGNERS)
{ } 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, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Pre-Annexation Agreement
Date of Document. August 5, 2003
Signer(s) Other Than Named Above: Marilyn Jean Burchill