HomeMy WebLinkAboutContracts & Agreements_72-2007_CCv0001.pdf tiecorded in Official Records, County of San Bernardino 5/1$12007
LARRY WALKER
N4
4tc 2 PM
Auditor/Controller — Recorder
t
R Regular Mail
Recording requested by
and when recorded mail to: Doc#: 2007—0303363 Titles: 1 Pages: s
Fees 0.00
City Clerk Taxes 0.00
City of Redlands Other 0.00
PAID 4;0.00
P. O. Box 3005
Redlands, CA 92373
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
AGREEMENT FOR THE ANNEXATION OF AN"IN-FILL PROJECT"AND THE
PROVISION FOR CITY UTILITY SERVICES TO SUCH PROJECT
This Agreement for Annexation. of an "In-fill Project" and the Provision of City
Utility Services ("Agreement") is made and entered into this 15`x' day of May, 2007, 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 together, 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 within 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) 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, the Developer has provided evidence, satisfactory to the City, that
the Developer is the fee owner of certain real property located in the County of San
Bernardino which is more particularly described in Exhibit "A" attached hereto and
incorporated herein (the "Property"); and
WHEREAS, the Developer proposes to construct single family residence (the
"Project") on the Property; and
WHEREAS, Government Code Section 561.33 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
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
DJM',Agreen ienis"Feenstra Pre-Annexation Agreement t
same in the official records of the County of San Bernardino 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, the 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; and
WHEREAS, City staff has determined that the development which is the subject
of this Agreement constitutes "new individual in-fill construction of single family homes
on existing lots of record bounded by developed property as of March 1, 1997;" and
WHEREAS, the development that is the subject of this Agreement is,
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accordingly, exempt from those General Plan provisions enacted by the voter approved
initiative ordinance commonly known as "Measure U;"
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 Marlin Feenstra agree as follows:
AGREEMENT
I 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 the 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 services unless and until Developer complies with all such. rules and
regulations. As a condition of approval of an, application for utility connection and prior
to receiving any services, the Developer agrees to pay the full cost of such services as
established by the City for the extension of utility services to the Property.
WN!",'AgreenientsTeenstra Pre-Annexation Aereernent 2
3. Agreement to Develop by City Standards. In consideration of the City's
agreement to provide City utility services to the Property, Developer shall develop the
Property in accordance with the Redlands General Plan and the development standards of
the Redlands Municipal Code,
4. Agreement to Annex. In consideration of the City's agreement to provide
City utility services to the Property, the Developer hereby 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. "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.). The
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 to the City is proposed, the Developer
shall be responsible for such costs.
5. Taxes and Assessments. The Developer hereby consents to the
imposition of, and agrees that it 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.
6. Recordation. By entering into this Agreement, the 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 the Developer shall
have actual and constructive notice of the 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. The Developer
further agrees that the City shall, at the sole cost of the Developer, have the right to cause
the recordation of this Agreement.
7. Breach/Failure to Annex. In the event the Developer falls to comply with
its obligations under this Agreement or takes any action to protest, challenge, contravene
or otherwise breach any of its 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.
8. Not a Partnership. The Parties specifically agree 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 the Developer is that of a governmental entity
regulating the development of private property and the owner of such property.
DMAgreements'Teenstra Pre-Annexation Agreement 3
9. Indemnity and Cost of Litigation.
a. Hold Harmless - Project. The 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
the Developer or those of its contractors, subcontractors, agents, employees or any other
persons acting on Developer's behalf which relate to the Project. The 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 the 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 the 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 the Developer relating to the Project are
applicable.
b. Third Party Litigation Concerning Agreement. The 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.
10. 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 and/or sewer
service to the Project.
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 any dispute 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 tern-is 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 the use of in-house counsel by a Party.
DJM\Agreernents`,Feenstra Pre-Annexation Agrecrnent 4
14. Binding Effect. The burdens of this Agreement bind and the benefits of
this Agreement inure to the successors in interest of the Parties.
15. Authority to Execute. The person or persons executing this Agreement in
behalf of the Developer warrant and represent that they have the authority to execute this
Agreement on behalf of the legal, fee title owner of the Property.
16. Waiver and Release. The 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 City actions or omissions relating to the Project and the
Developer's and the City's entry into and execution of this Agreement. The Developer
makes such waiver and release with full knowledge of Civil Code Section 1542, and
hereby waives any and all rights there under 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,
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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 of
this Agreement.
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18. Entire Agreement. This Agreement rescinds and supersedes that specific
pre-annexation agreement between the Parties dated September 19, 2006 and 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.
DJNtAareernentsTeenstra Pre-Annexation Agreement 5
0510012007 08:27 909-335-4779 PLANNING DEPT PAGE 07/07
DEVELOPER
Date:
M eenatra
CITY OF REDLANDS
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Date: May 15, 2007
ayor
ATTEST:
Date: May 15, 2007
City Clerk
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Dd,Ni`.Form Agreemenwpreannexarinn agremmt 4-4-07 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 May 15th, 2007,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorne Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison, Mayor and Lorrie Poyzer, City
Clerk{ X} personally known to me - or - J� If 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.
k A I I I I I I I I WITNESS my hand and official seal.
RE04 4/X`
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.0 LORRIE POYZER, CITY CLERK
pkPORffiA
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...........
By: x,
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Teresa Ballinger,Assistant C. Clerk
(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, a municipal corporation
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THIS CERTIFICATE MUST BE ATTACIJEDTOTHE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Agreement for the Annexation of an "In-Fill Project" and the provision
for City Utility Services to such project
Date of Document: May 15, 2007
Signer(s) Other Than Named Above: Marlin J. Feenstra, Developer
EXEIMU"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 comer 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 00010'00"E along the Wag line of said Parcel Map 7363(recorded N 00003'34"E),%.001 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 89103'30"W along said North line of Lot 5, 156.00',as shown in said Records of Survey;
Thence,departing said North line S 43044'00"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"F,97.92'(98.42'per deed recordedMarch 26, 1%g in Bo , e 271 of
Official Records and per Book 5 of Records of Survey,pa 0k 6998page
Page 11);
Thence,S 38056'30"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 25.001 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 45044'00"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 comer of
that 7.32 Acre parcel identified in Book 5 of Records of Survey,page 11;
Thence,along the South line of*d 7.32 Acre parcel,S 86036'45"E,446.75 ;
Thence,departing the last said South line,N 03°04'01"W,308.01,to an angle point on the South' line of
Parcel 2,of said Parcel Map 7363;
Thence,along the South hue of said Parcel Map 7363,S 86"40'00I W,44.00' (recorded S 86016'33"W,
43.98per Parcel Map 7363},to an angle point thereon;
Thence,continuing along the South line of said Parcel Map 7363,S 740 10'00"W,243.00'(recorded S
730 55'43"W,243.00'per Parcel Map 7363),to the True Point of Beginning.
.0-31-2ZON
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