HomeMy WebLinkAboutContracts & Agreements_221b-2006_CCv0001.pdf Recorded in Officio(Records, County of San Bernardino 11115/2006
4:01 PM
LARRY WALKER
SH
Auditor/Controller — Recorder
Recording requested by
and when recorded mail to: R Regular Mail
Doc#: 2006—0779688 Titles: 1 Pages: e
Clay Clerk ( I Fees 0.00
City of Redlands I Taxes 0.Nei
P. O. Box 3005 i I Other 9.00
( PAID so.9a
Redlands, CA 92373
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
AGREEMENT FOR ANNEXATION AND PROVISION
FOR CITY UTILITY SERVICES
(MEASURE "U" COMPLIANCE)
This Agreement for Annexation and Provision of City Utility Services("Agreement")is made and
entered into this 19th day of September, 2006, by and between the City of Redlands, a municipal
corporation organized and existing under the laws of the State of California("City")and, Marlin J.
Feenstra("Developer"),who are sometimes individually referred to herein as a"Party,"and collectively,
as the "Parties."
RECITALS
WHEREAS,to provide for orderly planning,the City(1)has the authority pursuant to Government
Cade 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 arelation 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
Nei I-IEREAS,Developer has provided evidence,satisfactoryto the City,that Developer is the fee
owner of the property commonly known as all that portion of Lot 5 and 1.0,Bloch 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 later
change of organization; and
1:�PlanningJ01-1 "I'MISt',., aO5-U3feenstra.wpd 1
WHEREAS,the City's General Plan and Chapter 13.60 ofthe 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 ofthe property to be served to enter into
an agreement and record the same in the official records ofthe 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 ofthe City's General Plan and the development standards ofthe
Redlands Municipal Code; and
WHEREAS,it is the policy and goal ofthe Cityto discourage and not facilitate development in the
City's sphere of influence which is unwilling and/or fails to complywith 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 ofthe 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
ofthe Redlands Municipal Code,and that the Property shall be annexed to the City in accordance with this
Agreement's tern-is, provisions and conditions;
NOW,THEREFORE,in consideration ofthe mutual covenants contained herein and other good
and valuable consideration,the receipt of which is hereby acknowledged,the City ofRedlands and Marlin
J. Feenstra agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are true and correct.
2. Provision..ofUtilitv 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 ofthe 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
connection is approved by the City's Municipal Utilities Department. Nothing herein represents a
commitment by the City to provide such service unless and until Developer complies with all such rules and
regulations. In accordance with the voter-approved General Plan.amendment known as Measure'fu,lf
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. Agreement to Develop by City Standards, In consideration ofthe City's agreement to
provide City water service to the Property-Developer shall develop the Property in accordance with the
I:Plann ingJOHN ISCpaa05-03 feensira.wpki 2
Redlands General Plan,the Development Standards ofthe R-R Zone ofthe Redlands Municipal Code,and
all other applicable provisions of the Redlands Municipal Code.
4. Ajueement to Annex. In consideration of the City's agreement to provide City water
services to the Property,Developer hereby irrevocably consents to annexation ofthe 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 ofthe 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 acondition 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 maybe 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 ofthe 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 ofthe County of San Bernardino. Developer
further agrees that City shall,at the sole cost of Developer,have the right to cause the recordation ofthis
Agreement.
8, Breacli'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 ofthe 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 ofany 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,
LTIanningOO I MAI I SCPaa05-03feenstra,wpd 3
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 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 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 ofwhether or not any insurance policies ofDeveloper
relatin-to the Project are applicable.
OJ
b. Third Party Litigation Concerning Agreement. Developer shall defend,at its
expense,including attomeys'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 pen-nit or entitlement granted in ftirtherance 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. GovemingLaw, 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 in-house counsel ofthe Parties
at rates prevailing in San Bernardino County, California,
14. Binding Effect. The burdens of this Agreement bind and the benefits ofthis 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 behalfof the
legal, fee title owner of the Property,
16. Waiver and Release. Developer hereby waives and releases any and all claims it mayhm?e
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.
1,TlanningJOHN"M IS('\paa0i-03 6eensti a.wpd 4
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 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 opportunity to consult with legal counsel regarding the terms,conditions and effect ofthis
Agreement.
18. Entire Ayreement. 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: -Z
NjarWhd- Feenstra
CITY OF REDLANDS
Date:. September 19, 2006
'7'arr 1 soil, Yayor
ATTEST:
Date:....-*!gPt!gm—ber 19, 2006
Cityp, erk
l."I'lanniiig',IOIINI'vllSk",,PaaO5-03feeiistra,wpd 5
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted tinder 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 19, 2006,
2006, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Jon Harrison 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 sea].
0 4 E
LORRIE POYZER, CITY CLERK
Bv:
Teresa Ballinaer, Assistant (My Clerk
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[Foo (909)798-7531
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 for City Utility Services
(Measure "U" Compliance)
Date of Document: September 19, 2006
Signer(s) Other Than Named Above: Marlin J. Feenstra, Developer
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californi
ss.
County of
i
On / before me,
ate �!'' Name and Title of(Officer(e.g.,"Jane ,Notary Public"
personally appeared _ �l l'•`_?ekA* 6L_
Nama(s)of Sigrier(s) )
E--personally known to me
roved to me on the basis of satisfactory
evidence
to be the persons4 whose namekK is/per 7
subscribed to the within instrument and
` acknowledged to me that he/she**y executed
comms #1554582 the same in his4iw4thvir authorized
0 Mol►PVW.C capacityi( }, and that by his/hec44ae r
x San Berow"Cov* signature(s}-on the instrument the personal, or
Carte Feb9 the entity upon behalf of which the person( }
acted, exe ted the instrument. ,,
WIT S my hand and official seal.
rgnature of ary Public
AI
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: /�/� h e 4
ir
i� Document Date: ' � D � jNumber Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
E] Individual Top of thumb here j
E Corporate Officer—Title(s):
Ei Partner—U Limited E General i
11 Attorney-in-Fact
Trustee
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E Guardian or Conservator
C-i Other:
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Signer 1s Representing:
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V-XElIBrr"A"
In the County of San Bernardino, State of California,all that Portion of Lots 5 and 10,Block 27 of Crafton
Tract,as per map recorded in Book 3,page 14,of Maps,in the Office of the County Recorder of said
County,described as follows:
Beginning at the Southwest corner of parcel I of parcel Map 7363,as recorded in Book 90 of Parcel Maps,
pages 5 and 6,Official Records of San Bernardino County;
Thence,N 00"10'00"E along the West Jim of said Parcel Map 7363(recorded N 00003'34"E),96.00'to
an angle Point thereon,said Point also lying On the North line of said Lot 5,Block 27, as shown in Book 5
of Records of Survey,page 11,records of San Bernardino;
Thence,N 89003'30"W along said North line of Lot 5, 156.00',as shown in said Records of Survey;
Thence, departing said North line S 43-44'00"F,30.16'to a point on a line parallel to and 21.45, South of
said North line of said Lot 5,as shoft in said Records of Survey;
Thence,S 23°13'30"E,97.92'(98.42'per deed recorded March 26, 1968 in Book 6998,page 271 of
Official Records and per Book 5 of Records of Survey,page 11);
Thence,S 38*56'30"W, 177.32' (177.70'per deed recorded March 26, 1968 in Book 6998,page 271 of
Official Records)to a point on the Northeast line Wabash Avenue,said avenue having a 25.00'half width;
Thence,S 44-16'00"E along the said Northeast line of Wabash Avenue,48.27'to the beginning of a
225.00'tangent curve,concave to the Southwest,having a radial bearing of N 45144'00"E;
Thence,Southeasterly along said 225.00'curve,34.70'through a central angle of 8'50'11"(recorded
31.73'through an angle of 8'04'45"in Book 5 of Records of Survey,page 11)to the Southwest corner of
that 7.32 Acre parcel identified in Book 5 of Records of Survey,page 11;
Thence,along the South limpf*d 7.32 Acre parcel,S 86036'45"E,446.75
Thence,departing the last said South line,N 03004,01"W,308.01'to an anglq point on the South line of
Parcel 2,of said Parcel Map 7363;
Thence,along the South hue 9f said Parcel Map 7363,S 86-40'00-W,44.00' (recorded S 86-16'33-W,
43.98'per Parcel Map 7363),tQ an angle point thereon;
Thence,continuing along the South line of said Parcel Map 7363,S 7411 10'00"W,243.00'(recorded S
73'55'43"W,243.00'per Parcel Map 7363),to the True Point of Beginning.
71
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