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HomeMy WebLinkAboutContracts & Agreements_26-1968Santa Fe Land Improvement Company (213) 628�0 1 1 1 J. G. STARKEY SUITE 305, SANTA FE BUILDING • 121 EAST SIXTH STREET RALPH STROUP VICE PRESIDENT LAND AGENT LOS ANGELES, CALIFORNIA 90014 September 26, 1968 Redlands City Council City of Redlands California Attention: Mr. R. P. Merritt, Jr., City der Gentlemen: The Santa Fe Land Improvement Company, hereinafter referred to as SFLI, is contemplating the purchase of that portion of the Marigold Farms property located within the City of Redlands, bounded by San Bernardino Avenue on the north, California Street on the east, Lugon:ia Avenue on the south, and Mountain View Avenue on the west. On this property are located two privately owned water wells presently being used for irri- gation purposes. We understand that an existing City ordinance pro- vides that the City of Redlands, hereinafter referred to as City, shah., as a condition to the approval of development of such property as con- templated by SFLI, require the conveyance to City of water stock or rights appurtenant to the property being developed., and that City is willing to accept, in fulfillment of this ordinance, these two wells and prescriptive water rights appurtenant thereto, at such time as the wells are no longer necessary for irrigation purposes and the property is developed for industrial uses. This letter, if accepted by City, shall constitute our agreement with respect to such water rights as follows: During the period of time between SFLI's purchase of the property and the cessation of all farming operations thereon, SFLI's tenants shall have full use of the wells to the extent necessary for their agricultural operations on the property. It is anticipated that as the property is incre- mentally developed for industry, farming operations which are continued on portions of the property will not require all of such water and, in such event, City will have the right to supplement its o`rn water supply from these wells to the extent and subject to such terms as City may agree upon with SFLI's tenants. SFLI will not assert any rights to such water apart from the rights of its tenants for agricultural use, Redlands City Council. --2 City of Redlands California September 26, 1968 Upon cessation of all fa mi.ng operations on the property, SFLI will transfer to City, at no cost to City, the two water wells and prescriptive rights appurtenant thereto, together with suf- ficient area around such wells for producing and maintaining them and access thereto from perimeter streets, if at such time the wells in their pre- sent locations do not interfere with SFLI's orderly development of the property. In the event that, in SFLI's sole opinion, both of the wells az presently located interfere with the orderly industrial development of the area, then SFLI shall convey to City, at no cost to City, an alternate well site location, with access there- to from a perimeter street, such location to be mutually acceptable to City and SFLI. If, in SFLI's opinion, one, but not both, of said wells interferes with such development, SFLI shall transfer the non interfering well and access thereto to City. City agrees that, should an alternate location be necessary, it will, within one ( 1 ) year from the delivery of a deed granting such new location, drill a new well on said alternate site and make connections there- from to area transmission lines, without expense to SFLI. ATTEST: By / Assistant Secretary i APPRO AS TO FORM: General Attorney ACCEPTED AND AGREED October 1 , 1968 CITY OF REDLANDS B or ATTEST: By City erk Very truly yours, SANTA FE LAND IMPROVEMENT COMPANY By f Vice sident APPROVED AS TO FO City- Attorney AGREEMENT This agreement dated this 1 stday of October, 1968, between the City of Redlands, a municipal corporation herein called "City: and Santa Fe Land Improvement Company, a corporation herein called "SFLI W I T N B S S E T H: Whereas, SFLI contemplates entering into escrow for the pur- pose of purchasing approximately 300 acres of land, all of which is within the City of Redlands and which is bounded on the north by San Bernardino Avenue, on the east by California Street, on the south by Lugonia Avenue and on the west by Mountain View Avenue for the purpose of developing on, said lands an industrial park or District, and Whereas, SFLI is willing to purchase said land and undertake the large capital investment involved in its purchase and its future development only if City is willing to perform certain perimeter street improvement work and install certain utilities and vacate certain streets and Whereas, it is in the best interests of City to encourage SFLI's contemplated development of said property to provide a needed industrial development within the City with the resultant employment opportunities and enlarged property tax base which such development will create. NOW, THEREFORE, IT IS AG ' - ED as fol.lmis 1. SFLI will complete its purchase of said property and will thereafter undertake its development in an orderly fashion for the location of rail -served industries and will install such street improvements, storm drains and utility lines and dedicate such rights of way as are provided to be installed and dedicated by SFLI in the document entitled "Marigold Industrial District Development Agreement between the City of Redlands, California, and Santa Fe Land Improve- ment Company" attached hereto marked Exhibit A and by this reference made a part hereof. Such obligations of SFLI shall be performed at such tames as the orderly development of said lands and the require- ments of industries to be located thereon demand. 2. The City shall perform the acts contemplated to be performed by it by Exhibit A hereto upon written request from SFLI at such times as the location of industries on said lands and the performance of SFLI's obligations make desirable the performance of City's obligations hereunder to the end that said lands shall, be de- veloped in an orderly fashion and made available for industries when such industries are prepared to locate on such lands. IN WITNESS WHEREOF, this agreement has been executed on behalf of the City of Redlands pursuant to authority regularly granted by its City Council and has been executed by SFLI pursuant to its By - Laws or a Resolution of its Board of Directors duly adopted both as of the day and year above written. CITY OF REDLANDS, CALIFORNIA B Mayor ATTEST: B _D r. City Cl APPROVED AS TO By ity Attorney SANTA FE LAND IMPROVEMENT COMPANY By t Vice esident ATTEST: By "F , Assistant Secretary EXHIBIT A MARIGOLD INDUSTRIAL DISTRICT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF REDLANDS CALIFORNIA AND SANTA FE LAND IMPROVEMENT COMPANY LUGONIA AVENUE SFLI will dedicate to the City of Redlands a strip of land two feet in width adjoining on the north the north line of Lugonia Ave.from California St. westerly to the Santa Fe right of way. SFLI will install curbs and gutters on north side of street at its expense. City will construct, at its expense, make-up pave- ment and all other necessary street improvements. SFLI and city will share equally in costs covering railroad crossing protection required by authorities in Lugonia Avenue's new alignment between Mountain View Avenue and Lugonia Avenue's present alignment. SFLI will install sanitary sewer of size sufficient to service subject property fronting thereon. Any increase in size required for areas to the south and/or east thereof will be paid for by city. SFLI will install, at its expense, a storm drain of sufficient size to service subject property fronting thereon. SFLI or its heirs, assigns or successors in interest will not be responsible for drainage facilities to serve adjacent areas. SFLI will dedicate a 74-foot-wide right of way to city for street purposes between Lugonia Avenue and Mountain View Avenue, paralleling the northeast line of the AT&SF right of way. The south line of said roadway will be parallel with and 25 feet northeasterly of the center line of the existing railroad track located in the right of way. As part of the consideration for this roadway right of way, city agrees that, in the event Lugonia Avenue in its present east -west alignment is ever extended westerly across the Santa Fe tracks to connect with Mountain View Avenue, it will assume any and all costs incident to said extension not assumed by the County of San Bernardino. SFLI will install, at its expense, curbs and gutters along the northeasterly side of the roadway, and the city will make, at its expense, all other required roadway improvements therein. -2- MOUNTAIN VIEW AVENUE SFLI will dedicate an 8.75-foot-wide strip for widen- ing and will install, at its expense, curbs and gutters on east side. City will construct, at its expense, make-up paving and all other necessary street improvements required by city. SFLI will install, at its expense, storm drain pipe of sufficient capacity to service subject property. SFLI or its heirs, assigns or successors in interest will not be responsible for drainage facilities to serve adjacent areas. SFLI will install, at its expense, sanitary sewer line of sufficient capacity to serve subject property. Any increase required due to adjacent properties is to be paid for by city. SFLI will install a minimum 10-inch water line in street, half of cost of which will be paid by city. CALIFORNIA AVENUE SFLI will dedicate three -foot -wide strip for widening and will construct, at its expense, curbs and gutters on west side of street. City will construct, at its expense, make-up pavement and all other street improvements required by city. SFLI will install a minimum 10-inch water line in street, half of cost of which will be paid by city. SAN BERNARDINO AVENUE SFLI will make no improvements to street and no dedi- cation for widening. City to construct sanitary sewer and pump station to city specifications. City will accomplish whatever construction is required in this street to divert drainage waters from properties north of street away from subject property. BRYN MAWR AVENUE City to vacate at such time as requested by SFLI. HUGO STREET SFLI will dedicate additional four -foot -wide strip for widening and will construct to city's standards, and at SfLP s own expense, all improvements, including curbs, gutters, paving, utilities, and storm drain therein. -3- UNNAMED EAST -{VEST STREET SFLI will dedicate 64-foot-wide strip for street purposes and will construct to city's standards, and at SFLI's expense, all improvements therein, including curbs, gutters, paving, utilities, and storm drain. GENERAL NOTES No sidewalks, or street lights, will be installed by SFLI in any exterior, or interior, street. City will annex the two areas on the north side of Lugonia Avenue occupied by dwellings, presently in unincor- porated territory. SFLI will be permitted to subdivide property in increments to be determined by SFLI in order to insure orderly development of entire area, and city agrees to make its improve- ments, necessary in such incremental areas, concurrently with SFLI. The anticipated first phase of development will include the property bounded by Mountain View Avenue, San Bernardino Avenue, the Edison Company's right of way, and Lugonia Avenue. SFLI will not be required to post bonds covering any of contemplated development. The city will guarantee that normal water pressure will be a minimum of 70 lbs. p.s.i. in the city's system (mains) except for emergencies such as broken water mains or acts of God. All work to be performed by city hereunder at its expense may be financed with any funds available to the city for such purposes, provided that such funds shall not be secured through the sale of bonds which constitute a lien on SFLI's property or through assessments against such property. In the event the City of Redlands does not have suf- ficient funds immediately available to proceed with street and utility improvements in accordance with its obligations under this agreement at the time SFLI determines to proceed with its initial improvements, SFLI will advance to the City sufficient funds to accomplish the construction of said improvements up to a maximum amount of Sixty-five Thousand and No/100 Dollars ($65,000.00). Any such advance so made shall, be repayable by the City to SFLI from a special fund created for such purposes, to wit: the Industrial Development Reserve Fund, in five equal annual installments of $16,120.00, which annual installments shall be commensurately reduced if the amount is less than the maximum amount of $65,000.00. The City agrees to maintain a sufficient balance in said Industrial Development Reserve Fund to meet the obligation of repayment contained in this paragraph. -4- SFLI will give the city twelve (12) months' notice of required construction; however, such timing is specified solely to provide sufficient time for acquisition of necessary equip- ment by the city, and city agrees that it will diligently perform its improvements on receipt of such equipment.