HomeMy WebLinkAboutContracts & Agreements_249-2006_CCv0001.pdf Recorded in Official Records, County of San Bernardino
12l04I2006
LARRY WALKER 4:32 PM
[ LM
Auditor/Controller — Recorder
Recording requested by P Counter
and when recorded mail to:
t Doc#: 2006—0837094 Titles: t Pages: 7
City Cleric. ! 1 Fees el.00
City of Redlands I j Taxes 0.00
P. O. Box 3005 ! ` �! + Other 0.00
X9.99
Redlands, CA 92373 PAID
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
AGREEMENT FOR ANNEXATION AND PROVISION
OF CITY WATER SERVICE
(MEASURE "U" COMPLIANCE)
This Agreement for Annexation and Provision of City Water Service("Agreement")is made
and entered into this 7th day of November, 2006,by and between the City of Redlands,a municipal
corporation organized and existing under the laws of the State of California ("City') and Marvin
Hudson, Kelvin E. Bryant and Celestine M. Bryant ("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 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 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 Lots 4, 5, 6, and 7, Block 54, Mentone Townsite,
M.B. 6135, together with the east 1.5 feet of Tourmaline Avenue, adjacent to the west as vacated by
resolution of the Board of Supervisors of San. Bernardino County, recorded November 4, 1943 in
book 1.641, page 1.22, Official Records (Assessor Parcel.No. 0298 11.1 31, 32, 33, and 34), in the
County of San Bernardino, and is Located in an unincorporated area within the City's sphere of
influence (the"Property„); and.
WHEREAS,Developer proposes to construct four single family residences on existing lots
of record as described (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
L1.tix9"t,A1,reements'.paa 0-04 f tudsOrr 1
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
In
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 of Redlands
and Marvin Hudson, Kelvin E. and Celestine M. Bryant agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are true and correct.
2. Provision of Water Service. The City agrees to provide water service 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 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 "U," Developer agrees to pay, as a condition of approval of an application for
water connection and prior to receiving any service, the full cost of such service as established by
the City for the extension of water service to the property.
3. Agreement,�tq De�velo �hCity�Stan�dards. In consideration of the City's agreement
to provide City water service to the Property, Developer shall develop the Property in accordance
DJM'.Agreernentspaa 0-04[Judson 1)
with the Redlands General Plan, the Development Standards of the R-1 Zone of the Redlands
Municipal Code,and all other applicable provisions of the Redlands Municipal Code except that the
house proposed to be built on Lot 7 shall be allowed to be setback from Florence Avenue fifteen(15)
feet instead of twenty-five (25) feet as required by City Code.
4. Agreement to Annex. In consideration of the City's agreement to provide City water
service 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 water service to the
property,Developer shall pay to the City,as a condition of receiving such service 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 service.
6. Taxes and Assessments. Developer hereby consents to the imposition of,and agrees
Developer shall pay, all taxes and assessments imposed anct'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 falls 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.
DJM\Agreements\paa 05-04 Hudson 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 anise 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 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 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
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 fee's for in-house
counsel of the Parties.
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 entrinto and execution of this
Z:� I I
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:
DJ M'Agreementspaa 05-04 1 ludson 4
"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 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. By executing this Agreement, the Parties
hereby expressly terminate that certain Agreement for Annexation and Provision for City Utility
Services dated April 4,2006,between the Parties which,in part,addressed the subject matter hereof.
DEVELOPER
-1 Date: z�
Marvity Hudson
t
z Date:
Kelvin E. Bryant
Date:
Celestine M. Bryant
CITY OF REDLANDS
L41Date: November 7, 2006
Joai4arrison,-Mayor
ATTEST:
�&4_Uz,L-X-- Date: Novernber 7, 2006
X
Cit Clerk I /
V
WMligrements'paa 05-04 Hudson 5
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 November 7, 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 I x I personally
known to me - or - f ) 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.
fry N\q'1W1"fjjj/
WITNESS my hand and official seal.
N
0
LORRIE POYZER, CITY CLERK
(P
188-8 .. ':�
. B y:
Teresa Ballinger, Assistant City Clerk
0
(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 of City Water Service
(Measure"U" Compliance)
Date of Document- November 7, 2006
Signer(s) Other Than Named Above: Marvin Hudson, Kelvin E. Bryant and Celestine M. Bryant,
Developer
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF���n t—►�����r-�1 l �'1)
On _ �C 1��t ►v a before me, .:� C�Y [�llrl t C��c� r ` ' ti d rl� "RM i L
DATE NAME,TITLE OF OFFICER-E.G..,"JANE DOE,NOTARY PUBLIC"
personally appeared, KaiLv ���1C� ter, � �y_i�11�' ���lR�ink �2�f C IY41� l�J �Advit.
personally known to me (or proved to meart t} ief- � Niy L � IL�)to be the
persons whose name mare subscribed to the within instrument and acknowledged to me
that-6_�thjej executed the same in hisAmr/their authorized capacity('es and that by
+hi /their sI atureon the instrument the person I�r the entity upon behalf of which
theerson acted, executed the instrument.
WITNESS my hand and official seal.
is R
0
INO COUNTY —
(SEAL) Comm. - p.JAN.20,2008
NARY PtJI3LIC SIGNAT' E
STEPHANIE TAYLOR
COMM.#146u18 Z
NOTARY PUNX•CAUFOMdA
SAN BERNARDINO COUNTY -+
Comm.Exp.JM,20,2008
OPTIONAL INFORMATION
-IRIS OPTIONAL INFORMA11ON SEC;TION IS NOT REQUIRED BYLAW BUT MAY Br BENEnf,IAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT.
TITLE OR TYPE OF DOC13MENT
DATE OF DOCUMENT NtJMI3ER OF PAGES
SIGNER(S)OTIiER'THAN NAMED ABOVE
SIGNER'S NAME SIGNER'S NAME
RIGHT'rffUW. PRWj RIGHT THUMBPRLN r