HomeMy WebLinkAboutContracts & Agreements_230a-2007_CCv0001.pdf Recorded in Official Records. Goanty of San Bernardino 6102/2008
LARRY WALKER mT 6 ANI
46r VFiNkF17 Auditor/Controller — Recorder
R Regular Mail
Recordinguestere d by
`� Doc#: 2008—0248591 Title: I Pees: 8
and when recorded mail to:
Fees 0,00
Taxes 0.00
City Clerk Other 9.99
City of Redlands P A I b $0 �
P. O. Box 3005
Redlands, CA 92373
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
AGREEMENT FOR THE ANNEXATION OF AN "IN-DILL 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 18th day of December,
2007, by and between the City of Redlands, a municipal corporation organized and
existing under the laws of the State of California ("City") and Philip Breault
("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 proposes to construct a single family residence (the
"Project") on approximately 11.200 square foot parcel of property located at the north
side of Mill Creek Road in the County of San Bernardino and identified as County of San
Bernardino Assessor's Parcel No. 0302-142-09 (the "Property"); and
WHEREAS, the Developer has provided evidence, satisfactory to the City, that
the Developer is the fee owner of 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
1)Jik1'�Agreeinents�tlreault PAA 1
WHEREAS, the City's General Plan and Chapter 13.60 of the Redlands
Municipal Code eutubhyb policies and procedures for the approval ofCity utility services
to development located v/hh|n the City's sphere of influence and require, unxong other
things, the owner Vfthe Property tobe served to enter into onagreement, and record the
same in the official ,conu]a of the County of San Bernardino requiring the owner to
annex the Property tothe City upon certain conditions, and
WHEREAS, the City has prepared o []euero| P|uo 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 ofthe Redlands Municipal Code; and
VVB2flEAS, it is the policy and goal ofthe City todiscourage and not facilitate
development in the City's sphere of influence vvbinh 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 insuch instances; and
WHEREAS, pursuant to the rcquiccnuento of Chapter 13.60 of the Redlands
Municipal Code and in consideration for the City's agreement to extend utility scrrinca
outside its jurisdictional boundaries to the Property, the Developer has entered into this
Agreement to provide assurances to the City that development ofthe Property will occur
in accordance with the Redlands (]coeru| Plan and the Development 3tuoduoJo of the
Redlands Municipal Code, and that the Property aba|| be annexed to the City in
accordance with this Agreement's terms, provisions and conditions; and
WHEREAS, City staff has dcicnnincd that the development which is the subject
of this Agreement constitutes "new individual in-fill construction ofsingle family homes
on cxiudu,, lots of record bounded by developed property as of March |, |997," and
YVl|EDE/\8` the dcrc|opnnon{ that is the subject of this /\grccnoout is.
accordingly, exempt from those OcnCru| Plan provisions enacted by the voter approved
initiative ordinance commonly known us Measure U�"
NOW. THEREFORE, inconsideration o[the Mutual covenants contained herein
and other good and ra|unb|c consideration, the receipt o[which is hcrobv acknowledged,
the City wfRedlands and the County ofSonBernardino agree usfollows:
AGREEMENT
l. Recitals. The foregoing recitals are true and correct.
2' Provision of Utility Service . The City agrees tUprovide utility services to
the Property consistent with the terms and conditions of this Agreement, provided that the
Project complies vvitb 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
o request by the Developer for application for u water connection is approved by the
City's Municipal 8dliilem DcpanLrueot. Nothing herein represents u cocnnoitoncnt by the
D]K4V\'acements"greuohPAA 2
.
City to provide such services unless and until the Developer complies with all such rules
and regulations. As acunditino of approval of an application for water connection and
prior to receiving any services, the Developer agrees to pay the fh|| cosi 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 of the City's
agreement to provide City water services to the Property, Developer shall develop the
P,nyrdy inaccordance 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 vv81er services to the Property, the Developer hereby irrevocably consents to
annexation ofthe Property tothe City and agrees (tshall 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- '~Anncxution" nocuna the procedure for uchange
of organization or reorganization oc1 fbdb in the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000 (Government Code sections 56000 el sey.), I`he
Developer and the City agree that in the event the City initiates an annexation of the
Property, the City ahu|i be responsible for the onata of such annexation. In all other
instances where the annexation o[ the Property tothe City is proposed, the Dcrn|nper
shall hcresponsible for such costs.
5. The Developer hereby consents to the
imposition of, and agrees that it ohu|| pay, all \uxcx and usxcyonoCnis imposed and/or
levied bythe City which may hcapplicable tothe Property utthe time the Property is
annexed iothe City.
b. Recordation. By entering into this /\grccnncnt, the Developer and the City
uckuovv!cdgo and agree that., urnoug other things., it is the express intention of the Parties
that any and all muoocmsoo in inicnznL 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 inthe official records ufthe County of Sun Becnardinu, The Developer
further agrees that the City shall, at the sole cost of the Developer, have the right to cause
the recordotionofthis Agreement.
7. In the event the Developer fails 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 undcr this /\grccnocnt, the
City shall have the right to, without any liability vvhutooevcc` cease the provision of City
utility services to the Property. This right shall be in addition to any other (cgu| or
equitable relief available tuthe City.
Q. Not a Partnership. The Parties specifically agree 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 tccnnm, covenants and conditions
DJk4\Agmmmums\8reav|tP&A 3
contained in this Agreement. No partnership, joint-venture or other association o[ uuv
kind is formed by this Agreement. The only relationship between the City and the
Developer isthat ofa �ov#rnnocn�ulcndtyregulating the dc»c|opnlcntofprmpe�yand the
owner ofsuch property.
9. Indemnity and Cost of Litigation.
u. Hold Rocmioao ' Project. The Developer agrees no 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, crcocx or onoiooiVna of
the Developer or those of its contractors, subcontractors, agents, employees or any other
persons acting mnthe Developer's behalf which relate tothe Project. The Developer shall
defend, indemnify and hold harmless the City, its elected officials, officers. agents,
cmop|oycca and representatives hrorn all actions for damages caused or alleged to have
been caused by reason of the Developer's acts, errors orunoiaaimns in connection with the
Project. This hold harmless ugrccnoCnt applies to all danoagCu and o{ainno for damages
suffered or alleged to have been suffered by reason of the Developer's or its
representatives" acts, errors or omissions rogond|eou o[whether or not the City muppiiCd,
prepared or approved plans or specifications cc|uiing to the Project and rcgurd}oxa of
whether or not any insurance policies of the Developer rc|ud/ g to the Pr cci are
applicable.
'
b. Third Party Litigation Concerning /\grccnoeoL The Utrc|nper
ohu|( defend, at its expense, including attorneys' fees, indemnify and hold harmless the
City, its c|cc1od oOioiu|o, officers, ugcn1u and cnnp|oycco frorn uoy claim, action or
proceeding against any of them Co attack, set aside, void or annual tIc approval of this
Agreement orthe approval of any permit orentitlement granted in furtherance ofthis
&grccnmcnL The City may, in its sole discretion, participate iothe defense ofany such
duinn, action or proceeding.
City
\nthe event that the Pnope�yiynot annexed tothe
C�ry io accordance with the terms of the Agreement, except asuresult ofaction by adxiuj
party or pudicm beyond the control of the Developer or the City, the owner of the
Property shall pay each year to the City, an liquidated damages, a muno equal to the
property taxes and any sales taxes the City would have received had the Property been
annexed. Failure to noukc such liquidated damages payments shall be cause for the City to
cease water and/or sewer service to the Pr'cot
LL Section Headings. inserted section headings and sub-headings are inu� �� for
convenience only and shall not affect any construction or interpretation of this
Agreement.
12. Governinia Law. This Agreement and any dispute arising hereunder shall
be governed by and construed in accordance with the laws of the State of California,
CUK0Agrenmco'�8reou}/11xA 4
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 the use of in-house counsel by a Party.
14. Bindiny, 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 thereunder to the extent of this waiver and release, of
such Section 1542 is applicable. Civil Code Section 15422 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
I In
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.
DJWAgreements\Breatilt PAA 5
DEVELOPER
r Date: � � �_
Philip Br ult
CITY OF REDLANDS
Date: _December 18, 2007
ayor
ATTEST:
Date:
Decem�aer 1$, 2007
City City i
DAM" greeiments,ilreault PAA 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 December 18, 2007,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie 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 - 1 1 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 seal.
RED
........ LORRIE POYZER, CITY CLERK
....... By:
I -
Teresa Ballinger, Assistant Nity Clerk
(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 the Annexation of an "In-Fill Project" and the provision
for City Utility Services to such Project
Date of Document: December 18, 2007
SignerW Other Than Named Above: Philip Breault, Developer
is r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californi T
ss. '
y
County of`
i
i (ppp,
On of me,
(' Date .t r Nam Td a of Officer(s,„ Jane Doe,Notary Pu is")
personally appeared _ _ ;U
' Name(s)of Signers) E
❑personally known to me
�-proved to me on the basis of satisfactory
evidence
to be the person�<whose name is/� '
subscribed to the within instrument and
( acknowledged to me that he1shb/tkgy executed '
the same in hist/tbe+r authorized
I<;
G R.M1C CASLAND capacity(ies), and that by hisMi5r/theeir
Commission#t 1467163 signature.(�on the instrument the persopK, or
Lot
Notary Pubic-CrftorNo the entity upon behalf of which the personka�'Son Bemorttno County acted, executed the instrument.
bly comm.Expires Feb i,2t�8
WI S my h d an officia seal.
afore of Notary Publ
OPTIONAL "
Though the information below fs 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(les) Claimed by Signer
K>I
Signer's Name:
1] individual •
Top of thumb here
'.l Corporate Officer—Title(s):
C] Partner—E Limited E]General
❑ Attomey-in-Fact
El Trustee
F, Guardian or Conservator '•
0 Other:
Signer Is Representing:
-
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