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HomeMy WebLinkAboutContracts & Agreements_160-2019Recording requested by and when recorded mail to City Clerk City of Redlands P 0 Box 3005 Redlands, CA 92373 Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON ASSESSOR RECORDER CLERK 367 City of Redlands Clerk Doc# 2019-0275960 111111111111110111111111111 III FEES NOT REQUIRED PER GOVERNMENT CODE AGREEMENT FOR ANNEXATION AND PROVISION SECTION 6103 FOR CITY UTILITY SERVICES Titles 1 Fees Taxes CA SB2 Fee Others 8/13/2019 12 00 PM GA Pages 9 00 00 00 00 Paid This Agreement for Annexation and Provision of City Utility Services ("Agreement") is made and entered into this 6th day of August, 2019, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California ("City") and Dangermond Park Foundation ("Property Owner") City and Property Owner are sometimes individually referred to herein as a "Party" and, together, as the "Parties " RECITALS WHEREAS, to provide fol 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 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 City, and WHEREAS, California case law, including but not limited to, Dateline Builders, Inc v City of Santa Rosa (1983) 146 Cal App 3d, 520 and County of Del Norte v City of Crescent City (1999) which state in relevant part that it is not against the law or pubhc policy for a city or county to use utilities as a tool to manage growth, provides that a city has no obligation, and may use its sole discretion, to extend utility services outside its corporate boundaries, and WHEREAS, Property Owner owns eight (8) vacant parcels of land generally located south of 5th Avenue/Sand Canyon and east of Crafton Avenue and identified as county of San Bernardino Assessor's Parcel Numbers 299-301-01-0000, 299-301-03-0000, 299-301-06-0000, 299-301-07- 0000, 299-301-09-0000, 299-301-10-0000, 299-301-11-0000 and 299-301-12-0000 ("Property") in the unincorporated area of the county of San Bernardino within City's sphere of influence, has made a request and application to City to receive water service for property located m the umncorporated area of the county of San Bernardino, and has provided evidence satisfactory to City that Property Owner is the fee owner of the Property, and 1 L \ca\dim\Agreements\Dangennond Park Foundation Pre Annexation Agreement PAA 19 01 docx..in 00 WHEREAS, Government Code section 56133 authorizes City to provide new or extended utility 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 City to provide such services within City's sphere of influence in anticipation of a later change of organization, and WHEREAS, 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 properties 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 of San Bernardino, requiring the property ownei to annex the property to City upon certain conditions, and WHEREAS, 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 detennnned that the proposed development of the Property is consistent with the goals and policies of City's General Plan, and WHEREAS, it is the policy and goal of City to discourage and not facilitate development in City's sphere of influence which is unwilling and/or fails to comply with City's General Plan and 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 City's agreement to extend utility services outside its jurisdictional boundaries to the Property, Property Owner has entered into this Agreement to provide assurances to City that connection to City's domestic water system 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 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 Property Owner agree as follows AGREEMENT 1 Recitals The foregoing recitals are true and correct 2 Provision of Utility Services City agrees to provide domestic water service to the Property consistent with the terms and conditions of this Agreement, provided that the connection complies with all rules and regulations of City governing the extension and provision of utility services to properties located outside City's boundaries at the time a request by Property Owner for application for a water connection is approved by City's Municipal Utilities and Engineering Department Nothing herein represents a commitment by City to provide such service unless and until Property Owner complies with all such rules and regulations As a condition of approval of an application for water connection, and prior to receiving any service, Property Owner agrees to pay the full cost of such service as established by City for the extension of utility services to the Property 2 L \ca\dim\Agreements\Dangennond Park Foundation Pre Annexation Agreement PAA 19 01 docx..jn 3 Agreement to Develop by City Standards In consideration of City's agreement to provide City water service to the Property, if Property Owner proposes to develop the Property, such development shall occur in accordance with the Redlands General Plan and any applicable development standards of the Redlands Municipal Code 4 Agreement to Annex. In consideration of City's agreement to provide City water service to the Property, Property Owner 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 City Property Owner and City agree that in the event City initiates an annexation of the Property, City shall be responsible for the costs of such annexation In all other instances where the annexation of the Property is proposed to City, Property Owner shall be responsible for such costs 5 Payment of Fees Concurrent with City's extension of services to the Property, Property Owner shall pay to 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 developed by Property Owner within City limits at the time of provision of the services 6 Taxes and Assessments Property Owner hereby consents to the imposition of, and agrees that Property Owner shall pay, all taxes and assessments imposed and/or levied by City which may be applicable to the Property at the time the Property is annexed to City 7 Recordation By entering into this Agreement, Property Owner and 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 Property Owner shall have actual and constructive notice of Property Owner'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 Property Owner further agrees that City shall, at the sole cost of Property Owner, have the right to cause the recordation of this Agreement 8 Breach/Failure to Annex In the event Property Owner 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 under this Agreement, 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 City 9 Not a Partnership The Parties specifically acknowledge that Property Owner's development of the Property is a private project, 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, point -venture or other association of any kind is formed by this Agreement The only relationship between City and Property Owner is that of a governmental entity regulating the development of private property and the owner of such property 3 1 \ca\dim\Agreements\Dangennond Park Foundation Pre Annexation Agreement PAA 19 01 docx..jn 10 Indemnity and Cost of Litigation A Property Owner agrees to and shall hold City, and its elected and appointed 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 Property Owner or those of its contractors, subcontractors, agents, employees or any other persons acting on Property Owner's behalf which relate to development of the Property Property Owner agrees to and shall defend, indemnify and hold harmless City, its elected officials, officers, agents, employees and representatives from all actions for damages caused or alleged to have been caused by reason of Property Owner's acts, errors or omissions in connection with the development of the Property This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of Property Owner's or its representatives' acts, errors or omissions regardless of whether or not City supplied, prepared or approved plans or specifications relating to the development of the Property and regardless of whether or not any insurance policies of Property Owner relating to such development are applicable B Property Owner shall defend, at its expense, including attorneys' fees, indemnify and hold harmless City, and its elected and appointed 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 City may, in its sole discretion, participate in the defense of any such claim, action or proceeding 11 Liquidated Damages In the event that the property is not annexed to City in accordance with the terms of the Agreement, the then existing owner of the Property shall pay each year to City, as liquidated damages, a sum equal to the property taxes and any sales taxes the City would have received had the Property been annexed Failure to make such liquidated damages payments shall be good cause for City to cease water service to the Property 12 Section Headings All section headings and sub -headings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement 13 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 14 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 a Party's use of in-house counsel 15 Binding Effect The burdens of this Agreement bind and the benefits of this Agreement inure to the assigns and successors in interest of the Parties 16 Authority to Execute. The person or persons executing this Agreement warrant and represent that they have the authority to execute this Agreement on behalf of the legal, fee title 4 L \ca\dim\Agreements\Dangennond Park Foundation Pre Annexation Agreement PAA 19 01 docx in owner of the Property 17 Waiver and Release Property Owner hereby waives and releases any and all claims it may have against City, and its elected and appointed officials, officers, employees and agents with respect to any City actions or omissions relating to the development of the Property, and the Parties' entry into, and execution of, this Agreement Property Owner makes such waiver and release with full knowledge of Civil Code Section 1542, and hereby waives any and all nghts 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor " 18 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 a voluntary "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 tettns, conditions and effect of this Agreement 19 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 CITY OF REDLANDS aul W Foster, Mayor ATTEST anne Donaldson, City Clerk DANGERMOND PARK FOUNDATION 5 angermond, Owner Laura Dangermond, One L \ca\dim\Agreements\Dangennond Park 1-oundation Pre Annexation Agreement PAA 19 01 docx �n CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ✓:iV F1-,,:': einF.W5V,V i A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness accuracy, or validity of that document State of California County of 5cxx i irll ck t iI\ 0,, on AuJH t 30 < <i Date personally appeared before me - 1C RC �l�J i e U`�t���� Pk kVA t �; Here Insert Name and Title of the Officer .4-., . I,k-) F-0 fC r and ail r C,1eA, 16{ss csr) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person s,))whose name6 is/are subscribed to the within instrument and acknowledged to me thathe/ssshe/they executed the same in Wrier/their authorized capacity(ies) and that b his/h/their signature on the instrument the perso ), or the entity upon behalf of which the person s) acted, executed the instrument DIANA RAINS Notary Public California San Bernardino County Commission 2175775 Mt commExtras ec 16 D 2020 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature OPTIONAL 44 a_ /ILL., Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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 ❑ Corporate Officer — Title(s) O Partner — 0 Limited 0 General 0 Attorney in Fact ❑ Guardian of Conservator ❑ Individual O Trustee O Other Signer is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — 0 Limited 0 General O Individual O Trustee O Other ❑ Attorney in Fact ❑ Guardian of Conservator Signer is Representing ©2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT aa�t vs•.-.« ax _; esu CIVIL CODE § 1189 ,.',,•tai s: ; .' s5::,v t a: t t A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of San Bernardino On August 8 2019 Date } before me, Veronica Burgess, Notary Public Here Insert Name and Title of the Officer personally appeared Jack Dangermond and Laura Dangermond Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person s° whose name i a subscribed to the within instrument and acknowledged to me that he/she/lei executed the same his/her thonzed capacity, and that Jpy his/her,�t err)ignature on the instrument the persons,), or the entity upon behalf of which the perso6(s) acted, executed the instrument VERONICA BURGESS Notary Public California San Bernardino County Commission # 2171206 My Comm Expires Nov 15 2020 Place Notary Seal Above z z I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS mw-harld and official seal ‹000- Signat OPTIONAL Signature of Nota r ublic Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Number of Pages Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s)"._r ❑ Partner — ❑ Limjted ❑ General ❑ Individual .- . ❑ Attorney in Fact ❑ Trustee- _ ❑ Guardian or Conservator =®-Other Signer Is Representing nDocOn ent Date arced Above Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing ©2014 National Notary Association www NationaiNotary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A SUBJECT PROPERTY 6 L \ca\dlm\Agreements\Dangennond Park Foundation Pre Annexation Agreement PAA 19 01 docx jn Legend Exhibit A 029913206 029913205 029915110-'' 029915114 029915113 ' 029915203 029915202 029917103 5TH AVE 029915109 02992916 029929124*. 029929125 029929123 1029929115 h 029925104 029929127 02992128 029929122 029929112 029925119 02992911 029929117 029929113 029925124 029925106 029929116 029929 029929110, 029929107 029929111 029925107 029925108 029926113 029927110 029928101 029928104 029930103 029930106 029930109 029930205 OVE1 029928206 029930206 030002102 030056101 05 029930101 029930112 029930107 029930'14 029930212 029930210 029930202 0299302 029930219 029930218 029930216 029930217 029930113 029930110 030056107 030056109 030029106 030058101, 030034125 02931102 02991110 029 109 029538139 0297118' 02937140 029'1c 7132 029,37134 0299 7137 0299`7141 029/37138 029 37109 0299 =7110 030034129 Parcels Sphere of Influence City Boundary