HomeMy WebLinkAboutContracts & Agreements_121A-2018RECORDING REQUESTER BY
CITY OF REDLANDS
AND WHEN RECORDED MAIL DOCUMENTTO:
NAME City Clerk, City of Redlands
sraOEr
Ah17RE`+S P.O. BOX 3005
ZIPC �-E& Redlands, CA 92373
FEES NOT REQUIRED PER
GOVERNMENT CODE SECTION 6103
Electronically Recorded in Official Records, County of San Bernardino
co BOB DUTTON
ASSESSOR - RECORDER - CLERK
367 City of Redlands Clerk
Doc# 2015-0279964 Titles t
Fees
Taxes
CA SB2 Fee
Others
Paid
SPACE ABOVE FOR RECORDER'S USE ONLY
Agreement for Annexation
Title of Document
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
8J0112018
12:04 PM
CAD
Pages 8
00
.00
.00
.00
.ao
Recording requested by
and when recorded mail to:
City Clerk
City of Redlands
P. O. Box 3005
Redlands, CA 92373
AGREEMENT FOR ANNEXATION AND PROVISION
FOR CITY UTILITY SERVICES
This Agreement for Annexation and Provision of City Utility Services ("Agreement") is
made and entered into this Yd day of July, 2018, by and between the City of Redlands, a municipal
corporation organized and existing under the laws of the State of California ("City") and Vicki L.
Plunkett Trust ("Property Owner"). The City and Property Owner are sometimes collectively
referred to herein 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 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, Property Owner owns a vacant parcel of land on the southeast corner of San
Bernardino Avenue and Jasper Street and identified as County of San Bernardino Assessor's Pardel
Number 0298-013-23-0000 (the "Property"), in the unincorporated area of the county of San
Bernardino within the City's sphere of Influence, and has provided evidence satisfactory to the City
that Property Owner is the fee owner of the Property; and
WHEREAS, Property Owner desires to connect to the City's domestic water system; 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
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 land located within the
City's sphere of influence and require, among other things, the owner of the property to be served
1:1ca\djm\Agreements\PAA 17-03 Plunkett.docx
to enter into an agreement and record the same in the official records of the county of San
Bernardino requiring the owner to annex the land 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 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, Property Owner has entered into this Agreement to provide assurances
to the City that connection to the City of Redlands 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 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 the Vicki L. Plunkett Trust agree as follows:
AGREEMENT
Recitals. The foregoing recitals are true and correct.
2. Provision of Utility Services. The 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 the City governing the extension and provision
of utility services to properties located outside the City's boundaries at the time a request by the
Property Owner for application for a water connection is approved by the City's Municipal Utilities
and Engineering Department. Nothing herein represents a commitment by the 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, the
Property Owner agrees to pay the full cost of such service 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 service to the Property, Property Owner shall develop the Property in
accordance with the Redlands General Plan and any applicable development standards of the
Redlands Municipal Code.
4. Agreement to Annex. In consideration of the City's agreement to provide City water
service to the Property, Property Owner hereby irrevocably consents to annexation of the Property
2
I:1ca\djm\Agreements\PAA 17-03 Plunkett.docx
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. Property Owner 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, Property Owner shall be responsible for such costs.
5. Taxes and Assessments. Property Owner hereby consents to the imposition of, and
agrees that the Property Owner 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.
6. Recordation. By entering into this Agreement, Property Owner 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 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 the City shall, at the
sole cost of Property Owner, have the right to cause the recordation of this Agreement.
7. 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, 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.
8. Nota_ 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, joint -venture or
other association of any kind is formed by this Agreement. The only relationship between the City
and Property Owner is that of a governmental entity regulating the development of private property
and the owner of such property.
Indemnity and Cost of Litigation.
a. Hold Harmless - Development. Property Owner agrees to and shall hold the
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 the 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 the City supplied, prepared or approved plans or
I:Icaldjm\Agreeiments\PAA 17-03 Plunkett.docx
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. Third Party Litigation Concerning Agreement. Property Owner shall defend,
at its expense, including attorneys' fees, indemnify and hold harmless the 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. The City may, in its sole
discretion, participate in the defense of any such claim, action or proceeding.
10. Liquidated Damages. In the event that the property is not annexed to the City in
accordance with the terms of the Agreement, the owner of the Property shall pay each year to the
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 cause for the City to cease water and/or sewer service to the Property.
IL 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.
14. Binding 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 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. Property Owner hereby waives and releases any and all claims
it may have against the 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
Property Owner's and the City's 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 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 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."
I
l:lcaldjm\Agreements\PAA 17-03 Plunkett.docx
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.
PROPERTY OWNER
Vicki Lee Plunkett, Trustee
Vicki L. Plunkett Trust
CITY OF REDLANDS
Paul W. Foster, Mayor
ATTEST:
a e Donaldson, City Clerk
5
I:1ca1djmlAgreements\PAA 17-03 Plunkett.docx
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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 July 24, 2018
before me, Heather MacDonald, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Paul W. Faster and Jeanne Donaldson
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the perso s hose namE}s is/ re
subscribed to the within instrument and acknowledged to me that he/she
executed the same in
his/her/ eir uthorized capacit ies and that b his/her/ eir ignature son the person(s),
or the e i y upon behalf of whit he perso r@acted, a cuted the instrument.
000?oa0000000000aaa0000000000 mocoomo
HEATHER MACDONALD B
S
COMM. * 2216458 S
U
NOTARY PUBLIC-CAUFORNUI U
�oa0000aoa0000000aooa00000aooa00000000000n00000c0006
SAN BERNARDINO COUNTY f
MY CwAiSft EOM OCTOBER 1, 2U2t g
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my and and official seal.
Signature 4"
Signatur#oNory u tic
Place Notary Seal Above
OPTIONAL
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 [
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner -- ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02016 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 July 10, 2018 before me, Jacquelyn Saintis, Notary Public ,
(Here knsen name ana tit e of the o jeer
personally appeared Vicki Lee Plunkett---------- ------------------------------ --------
who proved to me on the basis of satisfactory evidence to be the person(s) whose
names) Is are subscribed to the within instrument and acknowledged to me that
he/they executed the same in histheir authorized capacity(ies), and that by
his tie their signature(,c) on the instrument the person(r'), 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.
WITNESS my hand and official seal.
Signature
(Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Agreement for Annexation and Provision
(Title or description of attached document)
for City Utility Services
(Title or description of attached document continued)
Number of Pages 5 Document Date 7110118
CAPACITY CLAIMED BY THE SIGNER
p Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.coni 800-873-9865
JACQUELYN SAINTIS
— COMM. #2111018 z
CrCNotary Public - California -10z ., h ` ; San Bernardino County
�., UV Comm. Expires M2X 10, 2019
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with curreni California siatrrtet regarding notary }cording and.
if needed, should be completed and attached to the docianew. Acknobredgents f -om
other states may be completed for- docuniews being sent to that slate so long as the
u ording does not require the California notary to wrilate California notary lair.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgement.
• Date of notarization must be the date that the signer(s) personally appeared which
inust also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appeal within his or her
commission followed by a conies and then your title (not<nry public).
• Print die names) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural firms by crossing off incorrect fonns (i.e.
he/she/they,, is /are) or circling the correct fonns. Failure to correctly indicate this
intonnation may lead to rejection ofdocunient recording.
• Fhe notary seal impression inust be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgement form.
• Signature of tlee notary public must watch the signature on file with the office of
the county clerk.
Additional intonnation is not required but could help to ensure this
acknowledgement is not misused or attached to a different docmnent.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
Corporate officer, indicate die title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple
CITY OF
BRIANREDLANDS
lopmen DE viccs K
Development Services Director
I0,
Incorporated 1888
DEVELOPMENT SERVICES 35 Cajon Street, Suite 20
DEPARTMENT Mailing: P.O. Box 3005
Redlands, CA 92373
(909) 798 - 7562
bfootc@cityofredlands.org
MEMORANDUM flo
Development Services Department
DATE: July 18, 2018
TO: Janice McConnell, Assistant to the City Manager
FROM: Brian Desatn' velopment Services Director
BY: Brian Foote, City Planner/Planning Manager A`
SUBJECT: Pre -Annexation Agreement No. 17-03
This Pre -Annexation Agreement was approved by City Council on July 3, 2018.
Attached please find the approved Agreement that has been signed by the property
owner and notarized.
The next signature needed is the Mayor's (on page 5), then followed by the City Clerk.
If you have any questions, I may be contacted at extension 7562.
mr e