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Recorded in Official Records.County of San Bernardino 9/12/2006
LARRY WALKER 9:22 AM
� A Auditor/Controller — Recorder
LMJ
Recording requested by R Regular Mail
and when recorded mail to:
Doc##: 2006—0622405 Titles: i Mages: 7
t
City Clerk
�� ( Fees 0.00
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City of Redlands l Taxes 0.00
I ! I Other x}.00
! P. O. Box 3005 PAID $0.00
i Redlands, CA 92373
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
AGREEMENT FOR ANNEXATION AND PROVISION
FOR CITY UTILITY SERVICES
This Agree rm r t for A, nexa iort a I'r sz(_�n of Cizy Utilic Stl-c ices ("Agreement") is
made and entered into this 16th day of Mav ,2006,by and between the City of Redlands,
a municipal corporation organized and existing under the lacus of the State of California("CITY"),
Metropolitan Water District of Southern California "MWD"
( ) , and the C,ouuty of San I3cnnardino
("Cot TN"I'Y") who etre son>etinles individualIN reierrcd to herein as a``Party,"and c�ollec�tivelN,,as the.
Par ties."
RECD
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 a subsequent annexation of the property to
the CITY; and
WHEREAS, MWD has provided evidence, satisfactory to the CITY, that MWD is the fee
owner of the property underlying the proposed project referred to as the Mentone Senior Center and
public library(the"Mentone Senior Center"), in the County of San Bernardino, and which is more
particularly described in Exhibit"A,"attached hereto and is located in an unincorporated area within
the CITY's sphere of influence(the"Property"); and
WHEREAS, the COUNTY, as lessee of the Property, proposes to construct, own, operate,
and maintain the Mentone Senior Center(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
influence in anticipation of a later change of organization; and
Pre-.Annexation Ageement City of Redlands OMWD Lease) 3-27-06
l
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,upon the
Effective Date of this Agreement,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, MWD and COUNTY have entered into this Agreement to provide
assurances to the CITY that development of the Property will occur in accordance with the terms of
this Agreement, 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.MWD,and
COUNTY agree as follows:
AGREEMENT
I Recitals The foregoing recitals are true and correct.
2Provision 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 COUNTY 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 COUNTY complies with all such rules and regulations. COUNTY 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.
3. Agleement to Deyd2ert� In consideration of the CITY's agreement to
provide CITY water and sewer services to the Property.COUNTY shall develop the Property as the
Mentone Senior Center in substantial conformance with the plans, drawings, and specifications
attached to this Agreement.
Pre.Annexation Agreement City ofRedlands(MWI)I-ease} 3-17-06
2
4. Agreement to Annex. In consideration of the CITY's agreement to provide CITY
water and sewer services to the Property, MWD 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.). MWD 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,COUNTY shall be responsible for such costs
and pay all such costs directly to the CITY.
5. Recordation. By entering into this Agreement, MWD, COUNTY, 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 MWD and COUNTY shall have actual and
constructive notice of MWD's and COUNTY's obligations under, and the benefits and burdens de of,
this Agreement. Therefore, this Agreement and any amendments hereof, shall be recorded in the
official records of the County of San Bernardino. COUNTY further agrees that CITY shall, at the
sole cost of COUNTY, have the right to cause the recordation of this Agreement.
6. Breach/Failure to Annex In the event MWD or COUNTY fails to comply with its
obligations under this Agreement or takes any action to protest, challenge,contravene or otherwise
breach any of their 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.
7. Not a Partnership. The Parties specifically acknowledge that the Project is a
COUNTY development, that no Party is acting as the agent of any 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 MWD and
COUNTY is that of governmental entities agreeing to certain conditions and terms for the provision
of water and sewer service to the Property.
8. Indemnity and Cost of Litigation.
a. Hold Harmless-Project. COUNTY 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 COUNTY or those of its contractors, subcontractors,agents,
employees or any other persons acting in COUNTY's behalf which relate to the Project. COUNTY'
shall defend, indemnify and hold harmless the CITY and MWD, their elected officials, officers,
agents, employees and representatives from all actions for damages caused or alleged to have been
caused by reason of COUNTY'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 COUNTY or its representatives'acts,errors or omissions regardless of whether
or not the CITY or MWD supplied, prepared or approved plans or specifications relating to the
Pre-Annexation Agreement City of Redlands(MWD lxase) 3-27-06 3
1
Project and regardless of whether or not any insurance policies of COUNTY relating to the Project
are applicable.
b. Third Party Litigation Concerning Agreement. COUNTY shall defend,at its
expense, including attorneys'fees, indemnify and hold harmless the CITY and MWD, their elected
employees from any claim,action or proceeding against any of them to
officials,officers,agents and
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 and MWD may, in their sole
discretion, participate in the defense of any such claim, action or proceeding.
C. Project Costs Indemnification. In addition to the COUNTY's assumption of
costs in other portions of this Agreement, the COUNTY agrees to indemnify and hold harmless
MWD,its elected officials,officers, agents and employees from any and all current and future risks
and costs arising out of the annexation of the Property, including CITY taxes, fees,or assessments,
and for any claim against the CITY that MWD may have waived under Paragraph 14, Waiver and
Release,
. Section Headings. All section headings and sub-headings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
10. 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.
H. 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 in-house counsel
of the Parties at rates prevailing in San Bernardino County, California.
12. Binding Effect The burdens of this Agreement bind and the benefits of this
Agreement inure to the successors in interest of the Parties hereto.
13. Authority to Execute The person or persons executing this Agreement in behalf of
CITY, MWD and COUNTY warrant and represent that they have the authority to execute this
Agreement.
14. Waiver and Release. MWD and COUNTY hereby waive and release any and all
claims they may have against CITY,its elected officials,officers,employees and agents with respect
to any CITY action or omission relating to the Project undertaken prior to the execution of this
Agreement, and CITY's entry into and execution of this Agreement. MWD and COUNTY make
such waiver and release with full knowledge of Civil Code Section 1542, and herebywaive 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." v
Pre,Annexation.Agreement Cit-of Redlands(MWD Lease) 3.27.06
4
i
15. 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.
16. 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.
17. Effective Date of this Agreement. This Agreement shall become effective only upon
the approval,and as of the effective date,of the City of Redlands General Plan Amendment No. 109.
CITY OF REDLANDS COUNTY OF SAN BERNARDINO
By: By:
Jon arrison, ayor PAUL BIANE, Vice—
Board of Supervisors Chairman,
Date Executed: May 16, 2006 Date Executed: APR j 8 M
ATTEST: SIGNED AND CERTIFIED THAT A COPY
- OF THIS DOCUMENT HAS BEEN
�- DELIVERED TO THE CHAIRMAN OF
City Cle THE BOARD
THE METROPOLITAN WATER DISTRICT Dena Smi h, Cle 0 sup
OF SOUTHERN CALIFORNIA of Su
By: ;
Dep 1
By (D& 6L'� Date Execute
Jill T. icke —
�,aexs
Group Manager, Real Property Approved as to L IROM,
Development and Management Ronald D. R ' Coun
ti
Date Executed: Y%-C 61 Mo 6 By:
Rex inesley1 eputy
Approved as to Legal Form: County
Sydney B. Bennion, Interim General Counsel Date Executed: ��1 2-00
Metropolitan Water District o o ern California
By.
atherine M. Stites, De Gener Counsel con�n�. Mt54289�
San s �
Pre- exation Agreement City of Redlands(MWD Lease) 3-27-06 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 May 16, 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 f Xj 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.
WITNESS my hand and official seal.
C.
C�
LORRIE POYZER, CITY CLERK
s¢.® By:
Teresa Ballinger, Assistant City Clerk
.. .... .
(909)798-7531
————————————————————————————————————–
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
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 For City Utility Services Date
of Document: May 16, 2006
Siiier(s) Other Than Named Above: J 11 T. Wicke, Group Manager, The Metropolitan Water
District of Southern California; Paul Biane Vice-Chairman of Board of Supervisors, County of San
Bernardino
f=
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EXHIBIT "A"
That certain parcel of land lying within Section 19, Township 1 South Range 2 West,
San Bernardino Meridian, in the County of San Bernardino, State of California, more
particularly described as follows:
Beginning at a 1" iron pipe tagged L.S. 6422, as shown on.Amended Record of Survey,
filed in Book 102, Pages 91-97, inclusive, of Record of Surveys, in the office of the
County Recorder of said county, said 1"iron pipe marking the intersection of the
northerly line of the 300 foot strip of land labeled "INFED 1-27-102"with the westerly
line of Opal Avenue, as shown on said Amended Record of Survey;
Thence southerly along said westerly line of Opal Avenue, also being the easterly line of
said 300 foot strip, South 00°22' 39" West, a distance of 1240.55 feet, more or less, to a
point on the northerly line of that certain permanent easement granted to the State of
California by document recorded August 25, 2000, as Document No. 2000-0307324,
O.R.;
Thence leaving said westerly line of Opal Avenue and said easterly line of said 300 foot
strip, along the northerly line of said permanent easement, also being a line parallel to
and 10 feet northerly, measured at right angles, of the northerly line of Mentone
Boulevard as shown on said Amended Record of Survey, North 89°23' 09"West, a
distance of 300.00 feet, more or less, to a point on the westerly line of said 300 foot strip,
as shown on said Amended Record of Survey;
Thence leaving said northerly line and along said westerly line, North 00°22' 39"East, a
distance of 1239.31 feet, more or less, to the northwesterly corner of said 300 foot strip,
as shown on said Amended Record of Survey,
Thence along the northerly line of said 300 foot strip, South 89°37' 21"East,a distance
of 300.00 feet to the Point of Beginning.
Containing 8.54 Acres, more or less.
L
J C. Dqn.11 Dated
eputy County Surveyor mm f �1
LS 7806 Expires 12-31-2007