HomeMy WebLinkAboutContracts & Agreements_164-2005_CCv0001.pdf Recorded in Official Records, County of San Bernardino 9/15/2005
=— 1:45 PM
LARRY WALKER
' x Auditor/Controller — Recorder BGJ
Recording requested by `7
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and when recorded mail to: R Regular Mail
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City Clerk Doc#: 2005—0690162 Titles: 1 Pages: 8
City of Redlands Fees 0.00
Taxes 0.00
P. O. Box 3005 Other 0.00
Redlands, CA 92373 PAID $0.00
AGREEMENT FOR ANNEXATION AND PROVISION
FOR CITY UTILITY SERVICES
(MEASURE "U" COMPLIANCE) FEES NOT REQUIRED
PERGOVERNMENT CODE
SHTION 6103
This Agreement for Annexation and Provision of City Utility Services ("Agreement") is
made and entered into this 6th day of September, 2005, by and between the City of Redlands, a
municipal corporation organized and existing under the laws of the State of California("City")and,
Mark Buoye ("Developer"), who are sometimes individually referred to herein as a "Party," and
collectively, as the "Parties."
RECD
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 commonly known as all that portion of Lot 5 and 10, Block 21, Crafton
Tract, in the County of San.Bernardino, and which is more particularly described in Exhibit "A,"
attached hereto 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 by contract 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
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WHEREAS, the City's General Plan and Chapter 13.60 of the Redlands Municipal Code
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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
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 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 ofRedlands
and Mark Buoye agree as follows:
AGREEMENT
1. Recitals The foregoing recitals are true and correct.
2. 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
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 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.
3. Ap-reement to Develop by City Std 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 R-R 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
and sewer services 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 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 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. 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 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 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.
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-,.vhlch may arise from
the operations,errors,or omissions of Developer or those of its contractors, subcontractors,agents,
1:'-1'lanning',JOfIN",N,IISC'paaOS-03buoye,wpd 3
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. Governing Law. This Agreement and anydispute arising hereunder shall be governed
by and construed in accordance with the laws of the State of California.
13. Attornevs' 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 the Parties at rates prevailing in San Bernardino County, California.
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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 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 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 1.542 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."
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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. 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
S ir7 I
Date:—. i
MARK BUOYE
CITY OF REDLANDS
Date: Sept. 6, 2005
4anSPeppler, Mayor
ATTEST:
Date: Sept. 6, 2005
Cit Clerk
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ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO )
r CITY OF REDLANDS ) SS
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 September 6,
2005,
before me, Beatrice Sanchez, Deputy Cit Clerk, on behalf of Lorrie Poyzer, Cit eClerk of t
of Redlands, California, personally appeared Susan Peppler and Lorrie Po zer X he Cit
sonally
known to me - or - { } proved to me on the basis of satisfactory evidence to be thewhose
ersons whose
names) are subscribed to the within instrument and acknowledged to me that they executed the same
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in their authorized capacities and that by their signatures on the instrument the persons, or the
upon behalf of which the persons acted, executed the instrument. entity
NO OF.REp��'%�,� WITNESS my hand and official seal.
daa, ' LORRIE POYZE
R, CITY CLERK
1888
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4i��� ORN ��`��� Beatrice Sanchez, Deputy Cit Cler
X111111 � (909)798-7531 y k
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, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Agreement for Annexation and Provision...
Date of Document: September 6, 2005
Signer(s) Other Than Named Above: Mark Buoye
VON
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 C
Chapter 2, Division 3, Section 40814, of the California Government Code on ode, and
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer,�Cit Clerk 29, 2005,
of Redlands, California, personally appeared Mark Bun e x y of the City
Proved to me on the basis of satisfactory evidence to be he personwhose name is subscribed
- { }
within instrument and acknowledged to me that he executed the same in his authorized ca bed y the
that by his signature on the instrument the person, or the entity upon behalf of which capacity and
acted, executed the instrument. e person
k" 4 OF RE ���iWITNESS my hand and official seal.
�z'` jOapOF rFo}W: LORRIE POYZER, CITY CLERK
8
Beatrice Sanchez, Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
{ x} Individual(s) signing for oneselUthemselves
{ } Corporate Officer(s)
Title(s)
Company
{ } Partner(s)
Partnership
{ } Attorney-In-Fact
Principal(s)
{ } Trustee(s)
Trust
{ } Other
Title(s)
Entity Represented
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW,~~~~ BELOW:
Title or Type of Document: Agreement for Annexation and Provision...
Date of Document: September 6, 2005
Signer(s) Other Than Named Above: Susan Peppler, Mayor, and
Y Corrie Poyz
er City Clerk
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1n the COU My of San Bernardino, State of California,all tj
C as Per map recorded in Book 3,page 14,of Maps,in the officetion oof the�County Re5 and 10,BCraft
order of sal lock 27 of on
tY,descnbed as follows: d
Beginning at the
Southwest corder of Parcel I of Parcel
Pages 5 and 6,Official Records of San Bernardino County; 7363,as recorded in Book 90 Of Parcel Maps,
Thence,N 00°10'00"E along the West line of said Parcel M 7363
an angle point thereon,said point also lying on the North line Map
fsork
recorded
0207o as shown Book 5
Of f Records of Survey,page 11,records of San Bemardfno aid Lot
Thence,N 89003'30"W along said North lime of Lot 5, 156.001,as shown in said Records of Survey;
Thence,departing said North line S 43°44'00"
said North line of said Lot 5,as shown in said e cords o to a point on a line parallel to and 21,45' South of
Records f Survey;
Thence,S 23°13'30"E,97.92'(98.42'per deed recorded
official Records and per Book 5 of Records of Survey, March 26, 1968 in Book 6998,page 271 of
page 11);
Thence,S 38156'30"W, 177.32'(177.70'per deed r
Official Records)to a recorded March 26, 1968 in Book 6998
paint on the Northeast line Wabash Avenue,said avenue having a 25 6998,Page
width;
Thence,S 44°16'00"E along the said.Northeast line of Wabash
225.x'tangent curve, concave to the Southwest,havin Avenue,48 27'to the beginning
$ radial bearing of 45°44'00"E; of a
Thence,Southeasterly along said 225.00'curve,34.70'through
31.73'through a an of 8°04'45"in Book S of Records ouf Survey, e of 8°50'11"
that 7.32 Acre (mac°riled
parcel identified in Book 5 of Records of Survey, y'page 11)to the Southwest corner of
y,page 11;
Thence,along the South line Of*d 7.32 Acre parcel,S 86°36'45"E,446.75';
Thence,departing the
Parcel 2last said South line,N 03004'01"W,308.01'to an
,of said Parcel Map 7363;
�e point on the South line of
The4nce,along the South line of$aid Parcel Map 7363,S 86040'00"
pea'Parcel Map 7363),1n,an angle point thereon; W,44.00 (xecorded S 86°16'33"W,
Thence,continuing along the South
730 55'43"W,243.00' line of said Parcel Map 7363,S 74° 10'00"W,243 '
per Parcel Map 7363),to the True Point of Beginning, .00 (recorded S
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