HomeMy WebLinkAboutContracts & Agreements_54-1989_CCv0001.pdf AGREEMENT
This Agreement is made and entered into this 18th day of
September, 1989, by and between the City of Redlands, a municipal
corporation (hereinafter "City" ) and C. L. Pharris Sand & Gravel ,
Inc. , a California corporation (hereinafter "Pharris" ) .
RECITALS
WHEREAS, City has commenced proceedings with the San
Bernardino Local Agency Formation Commission to annex certain
territory north of the City' s boundary which includes lands in
which Pharris conducts aggregates processing operations
( "Annexation No . 69" ) ; and
WHEREAS, Government Code Sections 57050 et seq. require
City, as conducting authority for Annexation No . 69 , to hold a
hearing on the proposed annexation; and
WHEREAS, Government Code Section 57050( a ) provides that
City' s hearing may be continued from time-to-time but not beyond 60
days from the date specified in City' s notice for the hearing; and
WHEREAS, City and Pharris have entered into extensive
negotiations which have resulted in the preparation of a draft
preannexation agreement and the issuance of a Notice of Preparation
of an environmental impact report to address the environmental effects
associated with the preannexation agreement for Annexation No . 69 ;
and
WHEREAS, the process of preparing an environmental
impact report for the preannexation agreement for Annexation No .
69 requires City to continue its hearing for Annexation No. 69 ;
and
WHEREAS, Government Code Section 56106 provides that the
time requirements applicable to City' s hearing are directory,
rather than mandatory;
NOW, THEREFORE, in consideration of each party' s continuing
efforts to undertake the preparation of an environmental impact
report and to negotiate in good faith towards the development and
execution of a preannexation agreement for Annexation No. 69 , and
for other good and valuable consideration, receipt of which is
hereby acknowledged, the City of Redlands and C. L. Pharris Sand &
Gravel, Inc. hereby agree as follows :
AGREEMENT
Section 1 . Continued Hearing. City shall continue its
hearing as conducting authority for Annexation No . 69 to a date
sufficient to allow for preparation of an environmental impact
report for a preannexation agreement for Annexation No. 69 .
Section 2 . Waiver of Rights. Pharris shall not protest
or otherwise object to City' s continuance of its hearing as conducting
authority for Annexation No . 69 , and hereby acknowledges and agrees
that the 60 day time requirement of Government Code Section
57050(a ) is directory, rather than mandatory. Pharris further waives
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any and all claims and rights it may have for City' s failure to
hold its hearing within the time requirements of Government Code
Section 57050(a) .
Section 3 . Attorneys_' Fees. In the event any legal
action is commenced to enforce or interpret the terms or conditions
of the agreement, the prevailing party shall , in addition to costs
and any other relief, be entitled to its reasonable attorneys ' fees .
Section 4 . Binding Effect. This Agreement is binding
upon and shall inure to the benefit of the successors and assigns
of the parties .
Executed this 18th day of September, 1989 .
C. L. PHARRIS SAND & GRAVEL, INC.
X
By: &
President
ATTEST:
Se&r—etary
CITY OF REDLANDS
I X1,
A
Mayor, City of Redlands
ATTEST:
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