HomeMy WebLinkAboutContracts & Agreements_72-2008_CCv0001.pdf Recorded in Official Records, County of San Bernardino 6/12/200$
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Doc#: 2008—0269827 Titles: y Pages: 7
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7,170N 6103
AGREEMENT FOR ANNEXATION AND PROVISION
OF CITY UTILITY SERVICES
This Agreement for Annexation and Provision of City Utility Services ("Agreement") is
made and entered into this 20th day of May, 2008, by and between the City of Redlands, a
municipal corporation organized and existing under the laws of the State of California ("City")
and, Michael Barre ("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 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) 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 proposes to construct a single family residence (the"Project")
on the Property; and
WHEREAS, Developer has provided evidence, satisfactory to the City, that Developer is
the fee owner of the property identified as County of San Bernardino Assessor Parcel No. 0298-
331-49 (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
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 andl'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 Michael Barre 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
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.
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3. Agreement 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 and the development standards of the
Redlands Municipal Code.
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
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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 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 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. 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 use of
in-house counsel by a Party.
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.
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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 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 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
Date: 6--20 - '2008
Michael Barre
CITY OF REDLANDS
Date:
2 o 2oo,3
on Harrison, Mayor
ATTEST:
Date:
7
Cit 'Cltr
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ALL-PURPOSE ACKNOW]LEDG-NIENT
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 Goverrinient Code, on May 20.. 2008, before me.. Teresa Ballinger.
Assistant City Clerk., on behalf' of Morrie. Poyzer, City Clerk of the City of` Redlands, California, personally
appeared Jon Harrison, Mayor and Lorrie Poyser, City Clerk who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is4are subscribed to the within instrument and acknowledged to me
that lice they executed the same in his/lief,their authorized capacity(ies) and that by his,lber their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
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true and correct.
WITNESS my hand and official seal,
//x
LORRIE POYZER, CITY CLERK
(P
BY:
I F 0
Teresa Ballinger, Assistant City Clerk
(909)798-7531
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CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
'I"itle(s): Mayor and City Clerk
Entity Represented: City of Redlands, a rnun;cipal corporation
-------—-----------——---------------------—------------------------
THIS CERTIFICATE MUST BE ATTACHEDTO THE DOCUMENT DESCRIBED BELOW:
Title or"Type of Document: Agreement for Annexation and Provision of City t-Aility Services
Date of Document: May 20, 2008
Signer(s) Other`Phan Named Above: Michael Barre, Developer
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State*appeared
'
Coun
Onfore me,
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persot
ame(s)of Signer(s)
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1111011=01111011=0Cowan" who roved to me on the basis of satisfactory evidence to
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>sm lontara county be the person(s) whose name(s) is/are subscribed to the
Cafrrn Hbt = within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
L 1• which the person(s) acted, executed the instrument.
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now roft-cowillNft I certify under PENALTY OF PERJURY under the laws
-------V of the State of California that the foregoing paragraph is
true and correct.
WITNESS m nd and icia seal.
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Place Notary Seal Above Signature
atur of otary iblic
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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:_ Signer's Name:-
-J Individual Ll Individual
F1 Corporate Officer—Title(s): E_]Corporate Officer—Title(s):
Partner—[;;;i Limited ❑ General _
L.) Partner----❑ Limited 0General ,
C7 Attorneyin Fact • « • �' "1"_-
Ci Attorney in Fact
ul Trustee Top of thumbhere =:.a Trustee Top of thumb here
I Guardian or Conservator - Guardian or Conservator
is Other: __:i Other:
Signer Is Representing: Signer Is Representing:
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