Loading...
HomeMy WebLinkAboutContracts & Agreements_68-2020Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor -Recorder -County Clerk Recording requested by DOC# 2020-0170595 and when recorded mail to: 05/2112020 Titles:1 Pages:8 02:58 PM City Clerk SAN Fees $0.00 City of Redlands Taxes 0.00 P. 0. Box 3005 11113 CA SB2 Fee 0.00 Total $0.00 Redlands, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 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 15th day of April; 2020 by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California ("City") and John M. Brudin, an individual ("Property Owner"). City and Property Owner are sometimes individually referred to herein as a "Party" and; together. as the "Parties." RECITALS WHEREAS, to provide for orderly planning, City (1) has the authority pursuant to Government Code sections 65300 and 65301 to include within its General Plan property outside its boundaries which is in City's sphere of influence or, which in 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 ofSanta Rosa (1983) 146 Cal. App. 3d, 520 and Count) of Del Norte v. City of Crescent City (1999) which state in relevant pail that it is not against the law or public 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 a vacant parcel of land generally located at 30765 Eastbern Lane and identified as county of San Bernardino Assessor's Parcel Number 0299-361-03- 0000 ("Property") in the unincorporated area of the county of San Bernardino within the City's sphere of influence, has made a request and application to City to receive water service for property located in the unincorporated 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 WHEREAS, Government Code section 56133 authorizes the 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 1 L:\caldjmlAereements\Pre-Annexation Agreement No, 19-03 - Mall Brudin 4. t5?o.docxjn 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 owner 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 determined 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 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. 3. Agreement to Develop by City Standards. In consideration of 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 City's agreement to provide City water service to the Property, Property Owner hereby irrevocably consents to annexation of the Property 2 L:1ca\djmlAgreements\Pre-Annexation Agreement No. 19-03 - Matt Bnidin 4,15.20.docxJn 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 bees. As a condition of receiving domestic water service from City, Property Owner shall pay to City all then -established applicable development impact fees, water acquisition fees, and user fees specifically for such domestic water service. 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, joint -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. 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 3 L:1ca\djm\Agreements\Prc-Annexation Agreement No. 19-03 - Matt 13rudin 4,15,20.docx.jn 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 terns 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 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 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." 4 L:1ca1djm\Agreements\Pre-Annexation Agreement No. 19-03 - Matt Brudin 4.15.20.docxjn 1 S. 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 terms, 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 PROPERTY B By: Paul W. Foster, Mayor John M. Brudin, Owner ATTEST: c���� goeoz' ne Donaldson, City Clerk 5 L:\caldjm\AgreementsTre-Annexation Agreement No. 19-03 - Matt Bnidin 4.15.20.docx.jn 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 1 � J} County of �a o On Mc" �-� i �.o C) before me, l0-ova Date ll Here Insert Name and Title of the Officer personally appeared k Li�0 �� ce -- C� n C j `T-eanriL Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s��whose name i5lare subscribed to the within instrument and acknowledged to me that N/she/they executed the same in F�WherAheir ies) authorized capacit , and that h)sihbqtheir signature6EPon the instrument the person(~), or the entity upon behalf of which the person(s) cted, executed the instrument. DIANA RAINS Notary Public - California San Bernardino County Commission # 2175775 My Comm. Es ices Dec 16, 2020 Place Notary Seal acid/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. 1 Signature Signature of Notary Public :AMEL Jlr_1I 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: Nu Lalt_f � QLCIUVah o v J`U(J6(A Document Date: J Number of Pages: ' Ch '0 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: EXHIBIT A PROJECT ku• C"i _ _ a �tlr. c�n¢s Fu�yHeskkiwe-HaEdW:Sa �,dn 707£5 6s:6�in Lh PSEfmdo, RPtl42J3J61-0Sb-0SITE FM5M5 Pni3A """w... o-n _ $��ptPLAN V L:1ca1djmlAgreementslPre-Annexation Agreement No. 19-03 - Matt $nidin A, 35,20.docx.jn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 s 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 On o:ZD before me, a% /fI-VI'Gc J I !Vk- tpwi-c- IJ Date f Here Insert Name and Title of the cer personally appeared Jf)Ayj yo, 6 �cq I Y) Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s)is/aye subscribed to the within instrument and acknowledged to me that he/may executed the same in his/4ierAfteir- authorized capacity(aes), and that by his/h&r4hew signature(*on the instrument the person(s), 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 cassaviva paragraph is true and correct. Nolary Puhl'C 6liG - [dlifornia ^n: ' San 6ernardmo County t ' PcOmm;55 nn F zzaszzs KPNWITNESS my hand and al. My Cvr . Ex;lres l�n 3, 2Q22 Signature Place Notary Seal and/or Stamp Above 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: 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 of Conservator ❑ Other: Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact © Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: Signer is Representing: 02017 National Notary Association