HomeMy WebLinkAboutContracts & Agreements_11-2011_CCv0001.pdf ` Recorded In Official Records, !County of San Bernardino 4/29/2011
DENNIS DRAEGER 1A�26 AM
B;;A L2]CNAAPSA�y ASSESSOR — RECORDER — CLERK
R Regular Mail
f Recording requested by
and when recorded mail to: Doc#: 2011 —0173287 Titles: 1 Pages: 12
_00
City Clerkf Taxes 0.00 Other 9.00
Cit of Redlands
PA ID $0.00
P. O. Box 3005
Redlands, CA 92373
FEES NOT REQUIRED
PER GO-vCRi,'14E'4T CODE
SCS 710,14 ai !3
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 I" day of February, 2011, by and between the City of Redlands, a
municipal corporation organized and existing under the laws of the State of California ("City"),
and U.S. Bank, National Association, as Trustee for .IPM ALT 2006-SI ("Homeowner"), 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 that is
located outside its boundaries and 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, Homeowner owns a single family residence having the address of 1269
Agate Avenue in the unincorporated area of the County of San Bernardino and has provided
evidence, satisfactory to the City, that Homeowner is the fee owner of said property which is also
identified as County of San Bernardino Assessor Parcel No. 0298-181-13 (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
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
I Tlanning,MannylPre AnnexationlPre Annexation Agreement 1269 Agate Avenue.doc I
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
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 andror iai is to comply with the
City's General Plan by refusing to extend utility services in such instances; and
WHEREAS, pursuant to the requirements of Chapter 13.50 of the Redlands Municipal
Code and in consideration for the City's agreement to extend utility services outside its
jurisdictional boundaries to the Property, Homeowner has entered into this Agreement to provide
assurances to the City 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 U.S. Bank, National Association, as Trustee for JPM ALT 2005-51 agree as
follows:
AGREEMENT
1. 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 Property
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
Homeowner for application for a 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 Homeowner complies with all such rules and regulations. In accordance with
the voter-approved General Plan amendment known as Measure "U," Homeowner shall pay, as a
condition of approval of an application for sewer 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 of the City's
agreement to provide City sewer services to the Property, Homeowner shall develop the Property
in accordance with the Redlands General Plan and the development standards of the Redlands
Municipal Code R-I (Single-Family Residential) District. The Parties acknowledge that discreet
elements of existing structures located upon the Property, while in conformance with County of
San Bernardino ordinances will not be consistent with City's ordinances relating to two (2) car
covered parking requirements.
hPlan n inomannv\Pre AnnexationTre Annexation Agreement 1269 Agate Avenue.doc 2
4. Aareement to Annex. in consideration of the City's agreement to provide City
sewer services to the Property, Homeowner 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.). Homeowner 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, Homeowner shall
be responsible for such costs.
5. Payment of Fees. Concurrent with the City's extension of services to the
Property, Homeowner 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. Homeowner hereby consents to the imposition of, and
agrees Homeowner 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, Homeowner 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 Homeowner shall have actual and
constructive notice of Homeowner'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. Homeowner further agrees that City shall, at
the sole cost of Homeowner, have the right to cause the recordation of this Agreement.
8. Breach/Failure to Annex In the event Homeowner 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
association of any kind is formed by this Agreement. The only relationship between the City and
Homeowner is that of a governmental entity regulating the development of private property and
the owner of such property.
10. Indemnitv and Cost of Litigation.
E TlanningWanny"Pre AnnexationTre Annexation Agreement 1269 Agate Avenue.doc 3
a. Hold Harmless. Homeowner 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 Homeowner or those of its contractors,
subcontractors, agents,employees or any other persons acting in Homeowner's behalf which
relate to the Property. Homeowner shall defend, indemnify and hold harmless the City, its
elected officials, officers, agents, employees and representatives from al actions for damages
caused or alleged to have been caused by reason of Homeowner's acts, errors or omissions in
connection with the Property. This hold harmless agreement applies to all damages and claims
for damages suffered or allegcd to have been suffered by reason of Homeowner'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 Property and regardless of whether or not any
insurance policies of Homeowner relating to the Property are applicable.
b. Third Party Litigation Concerning Agreement. Homeowner shall defend,
at its expense, including attorneys' fees, indemnify and hold harmless the City, its elected
officials, officers, agents and employees from any claire. 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 Homeowner 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. Homeowner 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 Homeowner's and City's entry into and
execution of this Agreement. Homeowner 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
I::PlanningNanmytPre Annexation�Pre Annexation Agreement 1269 Agate Avenue.doc
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.
HOMEOWNER
By:
U.S. Bank 'Zo 1 fioas Truste f JPM AKelly S y h, Assesident
CITY OF REDLANDS
By.
Pete Aguilar, Mayor
ATTEST:
By:
Sam Irwin, City Clerk
1.0annsne-NIannyTre AnnexationTre Annexation Agreement 1269 Agate Avenue.doc 5
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 tirne of executing the release,Evlhieh 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
rel;arding 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
ora] or written representations, understandings or ancillary covenants or agreements which are
not contained of-expressly referenced herein, and no testimony or evidence of any such
representations, understandings or covenants shall be admissible in any preceding of any kind of-
nature
rnature to interpret of,determine the terms of-conditions of this Agreement.
HOMEOWNER I
By: ojt/�, �
J/PU.S. T3an1<Y afro 1 Asso la io ,
as Trif c f JPM ALT -0�] -S 1 1
Kell y S y h, Assis ant Vice President
_ � t
CITY OF REDLANDS
fay: y ��
Pete Atguilar, Mayor a'Hu14t
PuUic of New ,IerseY
NotatY
M�amn €
, "r�""-- - -1
c
Sam 6wi€,1"'ity Clerk
11P1anningV,-1ana A1N,Anne;atiOMPW annexation Agreement 1269 ApW Aksmcc.doc 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 December 22, 2010,
before me, Teresa Ballinger, Deputy City Clerk, on behalf of Arthur S. Irwin, City Clerk of the City of
Redlands, California, personally appeared Pete Aguilar, Mayor, and Arthur S. Irwin, City Clerk, who
proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)mare subscribed to
the within instrument and acknowledged to me that he4he/they executed the same in hisAw4their
authorized capacity(ies) and that by hi&4ie4their 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 true and correct.
\\OktII IIIIIrio�,,,i WITNESS my hand and official seal.
O
ARTHUR S. IRWIN CITY CLERK
caRcrRq r ,
— i
1888
•i + �~
/XN!/MI I It t0ov Teresa Ballinger, Deputy Ci Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNERS)
Individuals) signing for oneself/themselves
{ } 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 Utility Services
Date of Document: February 1, 2011
Signer(s) Other Than.Named Above: Kelly Smyth, Assistant Vice President, US Bank,National
Association, as Trustee for JPM ALT 2045-S 1
Schedule A
U.S. Bank National Association, as Trustee, for
Successor in interest to Wachovia Bank NA,
As Trustee for Trust Series WFMBS 2003-17 WFMBS 2003-17
Successor in interest to Wachovia Bank NA,
As Trustee for Trust Series WFMBS 2003-04 WFMBS 2003-4
Wells Fargo Master servicer and U.S Bank JP
MORGANAs trustee to J.P.Morgan Acceptance Corp.
TRUST 2004-A5
Wachovia Bank, National Association, as Trustee for
The holders of MASTR Trustee Wells Fargo, Master Servicer
U.S. Bank National Association; MASTR
2004-1
Bear Stearns ARM Trust 2004-1 BSMART 2004-1
Mortgage Asset Structured Trust ALT Trust 2004-7 MASTR ALT 2004-7
Mortgage Alternative Securities Loan
Trust 2004-7 MAST ALT 2004-7
Mortgage Asset Securities Trust ALT 2004-10 MASTR 2004-10
US. Bank National, Master Alternative Loan Trust MASTR 2004-11
2004-11
Mortgage Asset Structured Trust ALT TRST 2004-13 MAST ALT 2004-13
Bear Stearns Asset Backed Securities
Trust BS ABS 2004-AC BS ABS 2004-AC2
J.P. Morvan Trust Series 2004-52 JPMT 2004-52
U.S. Bank National Association, as Successor
Trustee to Wachovia Bank, NA as Trustee,
Far JPMorgan 2004-A6 2004-A6
U.S. Bank National Association as Trustee and
Wells Fargo Bank NA as Master Servicer for
RBSGC 2005-A RBSGC 2005-A
Successor in interest to Wachovia Bank, NA as
Trustee of JP Morgan 2005-ALT1 JPM 2005-ALT1
Successor in interest to Wachovia Bank, NA as
Trustee of JP Morgan 2005-ALT2/JPAlt-A2 JPM 2005-
ALT2/
JPAlt-A2
Successor in Interest to Wachovia Bank N.A. as
Trustee of JP Morgan Trust 2005-S2 JPMMT 2005-S2
Wachovia Bank NA as Trustee for
JP Morgan 2005-A3 JPM 2005-A3
Bear Stearns Asset Backed
Securities Trust 2005-AC2 BS ABS 2005-AC2
Successor in Interest to Wachovia Bank NA
As Trustee for JP Morgan 2005-AS JPM 2005-A8
For JP Morgan 2005-Alternative
Loan Trust 1 JPMALT 2005-1
US Bank National Association as Trustee,
Wells Fargo Bank NA as Master Servicers,
Master alternative Loan trust 2005-1 Master 2005-1
Merrill Lynch Mortgage Lending INC, MLMI 2005-A8
Adjustable Rate Mortgage Backed
Trust Series 2005-5 ARMT 2005-5
U.S. Bank National Association as Trustee for
Bear Stearns Alt Trust 2006-3
U.S. Bank National Association as Trustee for
Wells Fargo Bank, N.A., CitiMortgage Inc
Master servicer and Trust Administrator CMLTI 2006-AR3
U.S. Bank National Association as Trustee to
JP Morgan Alternative Loan Trust 2006-A3 JPM ALT 2006-A3
U.S. Bank National Associatio as Trustee for JP Morgan
Alternative Loan Trust 2006-A6 JPM ALT 2006-A6
U.S. Bank National Association as Trustee for
CitiGroup Mortgage Loan Trust Inc. Series
CMLTI 2006-AR5 CMIT12006-AR5
U.S. Bank National Association as Trustee for CitiGroup
Mortgage Loan Trust 2006-4 CMLT 2006-4
U.S. Bank National Association as Trustee
Of JP Morgan Alternative Loan Trust 2006-A5 JPALT2006-A5
JPMorgan Alternative Loan Trust 2006-A2 JPMALT
2006-A2
JP Morgan Alternative Loan Trust 2006-A1 JPMALT
2006-Al
U.S Bank National Association as trustee JPMALT 2006-51
US Bank National Association in interest to
Wachovia Bank as Indenture Trustee for JP Morgan
Alternative Loan Trust 2006-51 JPM ALT 2006-S1
J.P. Morgan Acq Corporation I Mortgage JPM MMT
2006-A7
Pass Through Certificates, Series 2006-A7
Residential Asset Mortgage Products Inc, Mortgage
Asset Backed Pass Through Certificates, Series 2006-RS6
BMART2006-RS6
And Supplemental Interest Trust Trustee Mortgage Asset 2006-RS6
Backed Pass Through Certificates Series 2006-RS6
GSAA Home Equity, Trust 2006-1
Asset Backed Certificates GSAA 2006-1
And Supplemental Interest Trust Trustee Mortgage Asset 2006-RS6
Backed Pass Through Certificates Series 2006-RS6
Mortgage Alternative Loan Trust 2006-1 MALT 2006-1
U.S. Bank National Association, as trustee
Of GSR Mortgage Loan Trust 2006-1F GSR MLT 2006-1F
Bank of America Funding Corporation BAFC 2006-8T2
2006-8T2 Trust
Lehman Borthers Holding Inc Seller; PHH Mortgage Corp
The servicer; Aurora Loan Services LLC as the Master servicer;
Lasalle Bank National Association as the trustee; 2006-15
JP Morgan Alternative Loan Trust
2006-SE JPMALT 2006-SE
US Bank National Association Custodian of
Aurora Loan Services LCC as Master servicer by
LaSalle Bank National Association as trustee, Series 2006-15 2006-1
J.P. Morgan Acceptance Corp, Wachovia Bank National
Association as trustee of J.P Morgan Mortgage Trust 2005-Altl;
J.p. Morgan Mortgage Acquisition Corp; 2005-Altl
Bank of America Funding Corporation BAFC 2006-I
2006- I Trust
U.S. Bank National Association, as Trustee to
GSAA Home Equity Trust GSAA-2006-12 GSAA-2006-12
Mortgage Pass Through Certificates Trust Series
SASCO 2006-GEL 2 SASCO 2006-GEL 2
Mortgage Pass Through Certificates Trust Series
SASCO 2007-BC3 SASCO 2007-BC3
First Franklin Mortgage Loan Trust Mortgage Loan
Asset Backed Certificate Series 2006-FF18 FFMT 2006-
FF18
As Trustee for GSR 2006-5F, Successor by
MENSE Transfers from MRES solely as nominee
For Cendant Mortgage GSR 2006-5F
U.S. Bank, N.A., as trustee for Citigroup
Mortgage Loan Trust Inc 2006-AR3
Lehman Mortgage Trust, Series LMT 2007-6 LMT 2007-6
Goldman Sachs Restated Mortgage Loan Trust
Series GSR-2007-3F GSR-2007-3F
SASCO Mortgage Pass Through
Certificate Series 2007-GEL2 SASCO 2007-GEL2
Goldman Sachs Loan Trust Series 2007-3F GSR 2007-31F
As Trustee for JP Morgan 2007-A4 JPM 2007-A4
Lehman Brothers Holding Inc Seller, Aurora Loan services
Master Services; U.S. Bank National Association as Trustee
Sasco 2007-bc4 2007-bc4
Citigroup Mortgage Loan Trust Inc Citi