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HomeMy WebLinkAboutContracts & Agreements_123-2002_CCv0001.pdf -uuuty ui an isernaramo 8/13/2002 LARRY WALKER 11:36 AM VT f Utexar' Auditor/Controller — Recorder R Regular Mail Recording requested by and when recorded mail to: Doc#: 2002—0423119 Titles: 1 Pages: 8 Fees 0.00 Taxes 0.00 City Clerk Other 0.00 City of Redlands PAID $0.00 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 6`h day of August, 2002, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California ('`City") and Richard Bueermann, ("Developer"). The City and Developer 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,Developer has provided evidence, satisfactory to the City,that Developer is the fee owner of the property described as a portion of Block 8. Crafton Tract, Rancho San Bernardino, more completely described in Exhibit "A", and more commonly referred. to as Assessor's Parcel No.299-031-29 and located in an unincorporated area within the City's sphere of influence (the "Property'); 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 development 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 requiring I:�PlanninU\JOHN',MISC\paa02-04 Richard Bueerman,wpd 1 i 3 the owner to annex the property to the City upon certain conditions; and WHEREAS,the City has prepared a General Plain 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 the development standards of the Redlands Municipal Code; 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, Developer has entered into this Agreement to provide assurances to the City that development of the Property 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 Richard Bueennamz agree as follows: AGREEMENT 1. Recitals. The foregoing recitals are true and correct. 2. Definitions. The following terms when used in this Agreement shall have the meanings ascribed to them: a. "Agreement" means this Agreement for Annexation and Provision of Utility Services. b. "Annexation"means the procedure for a change of organization or reorganization set forth in the Cortese-Knox Local Government Reorganization Act of 1.965 (Government Code sections 56000 et sem.). c. "Developer"means Richard Bueermann and his successors-in-interest to all or any part of the Property. d. "Project" means the development of a single family residence proposed on the Property and described as County of San Bernardino,Portion of Bloch 8, Crafton Tract,Rancho San Bernardino. located at the northwest corner of King Street and Third Avenue, and more commonly referred to as Assessor's Parcel 1\o. 0299-031 3. Provision of Utility Services. The City agrees to provide utility services to the Property consistent with the terms and conditions of this Agreement, provided that the Project l:\Ptaivtiin;\JO!{N,,NitSCipaa02-04 Richard Bucerinau.wpd 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 Developer for application for a water connection is approved by the City's Municipal Utilities Department. Nothing herein represents a commitment by the City to provide such services unless and until. Developer complies with all such rules and regulations. In accordance with the voter-approved General Plan. amendment known as Measure "U," Developer agrees to pay. as a condition of approval of an application for water connection and prior to receiving any services,the full cost of such services as established.by the City for the extension of utility services to the property. 4. Agreement to Develop by City Standards. In consideration of the City's agreement to provide City water services to the Property, Developer shall develop the Property in accordance with the Redlands General Plan, the Development Standards of the A-1 Zone of the Redlands Municipal Code, and all other applicable provisions of the Redlands Municipal. Code. 5. Agreement to Annex. In consideration of the City's agreement to provide City water services to the Property,Developer hereby irrevocably consents to annexation of the Property to City and agrees it shall take any and all reasonable and necessary actions. and filly and in good faith cooperate with City,to cause the annexation of the Property to the City. Developer 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, Developer shall be responsible for such costs. 6. Taxes and.Assessments. Developer hereby consents to the imposition of,and agrees Developer 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. 7. Recordation. By entering into this Agreement, Developer 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 Developer shall have actual and constructive notice of Developer'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. Developer further agrees that City shall,at the sole cost of Developer,have the right to cause the recordation of this Agreement. 8. Breach/Failure to Annex.In the event Developer fails to comply with its obligations under this Agreement or takes any action to protest, challenge, contravene or otherwise breach any of it obligations or representations under this Agreement.the City shall have the right to,without any liability whatsoever, cease the provision of Cite utility services to the Property. This right shall be in addition to any other legal or equitable relief available to the City. 9. Not a Partnership. The Parties specifically acknowledge that the Project is a private development,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 ether association of any kind is formed by this Agreement. The only relationship between the City and.Developer is that of a governmental entity regulating the development of private property and the owner of such property. 1:\Planning\JOHN\MISCxpaaO2-04 Richard Bueerman.wpd 10. Indemnity and Cost of Litigation. a. Hold Hanniess - Project. Developer agrees to and shall hold the City, its elected 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 Developer or those of its contractors, subcontractors. agents, employees or any other persons acting on.Developer's behalf which relate to the Project. Developer 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 Developer's acts,errors or omissions in connection with the Project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of Developer's or its representatives'acts,errors or omissions regardless of whether or not the City supplied, prepared or approved plans or specifications relating to the Project and regardless of whether or not any insurance policies of Developer relating to the Project are applicable. b. Third Party Litigation Concerning Agreement. Developer shall defend,at its expense,including attorneys'fees,indemnify and hold harmless the City,its elected 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. 11. 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 Project. 12. Section Headin_s. All section headings and sub-headings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 13. GoverningLaw. 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. 15. Binding Effect. The burdens of this Agreement bind and the benefits of this Agreement inure to the successors in interest of the Parties hereto. 1.6. Authority to Execute. The person or persons executing this Agreement in behalf of Developer warrant and represent that they have the authority to execute this Agreement on behalf of the legal, fee title owner of the Property. 1:tPlanningUGHN\MISO.paa02-0-i Richard Bueerman.«pd 4 a 1 . i s 17. Waiver and Release. Developer hereby waives and releases any and all claims it may have against City,its elected officials,officers,employees and agents with respect to any City actions or omissions relating to the Project and Developer's and City's entry into and execution of this Agreement. Developer 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 favor at the time of executing the release, which if known by him must have materially affected his 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 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. 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. DEVELOPER ✓ Date: 7-0�?-e��- Richard Bueermann CITY Of REDLANDS n Date: August 6, 2002 Karl N. Haws, Mayor ATTEST: City olerk Data: August 6 , 2002 laPlannin„1IOI IAaMISC?paa0?-Q4 Richard BUcerman.wpd ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF REDLANDS ) By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on August 6, 2002, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorne Poyzer, City Clerk of the City of Redlands, California, personally appeared Karl N. Haws and Lorrie Poyzer { X} personally known to me - or - { } proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Oeo,11111itiittl1�d/1 `� ©F ��,,ry LORRIE POYZER, CITY CLERK tp sp R4 By: �dAxz;e 1 883 Beatrice Sanchez, Deputy City Cllerk /F p \P `\` (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) { } Individual(s) signing for oneself/themselves { } Corporate Officer(s) Title(s) Company { } Partner(s) Partnership { } Attorney-In-Fact Principal(s) { } Trustee(s) Trust { x } Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, California THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Agmt for Annexation and Provision for City Utility Services Date of Document: August 6, 2002 Signer(s) Other Than Named Above: Richard Bueermann ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF REDLANDS ) By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on July 29, 2002, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Richard Bueermann { } personally known to me - or - {x } proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ��''tt�tiirrlr�°'t WITNESS my hand and official seal. 0 R����J�rlj�f v`: r FtPoNr'';moo = LORRIE POYZER, CITY CLERK. Xy 124 0 By: ILI /P�� ��``ti. Beatrice Sanchez, Deputy City Clerk (909)798-7531 1+ 1+ .moi 1i .�" �+ 1i .v �i 1i �i "v � iii r►+ 1i na �i w iv �i �i w � CAPACITY CLAIMED BY SIGNER(S) { x } Individual(s) signing for oneself/themselves { } Corporate Officer(s) Title(s) Company { } Partner(s) Partnership { } Attorney-In-Fact Principal(s) { } Trustee(s) Trust { } Other Title(s) Entity Represented — — — — — — — — — — ,..,, THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Agmt for annexation and Provisions for City Utility Services Date of Document: August 6, 2002 Signer(s) Other Than Named Above: Karl N. Haws and Lorrie Poyzer Order No. 33040495 - A EXHIBIT "A" That portion of Lots 3 and 4, Block 8, and a portion of Block 9, Crafton Tract, in the County of San Bernardino, State of California, as per Map recorded in Book 30 of Maps, Page 14, in the Office of the County Recorder of said County described as follows: Beginning at the Southeast corner of said Lot 4, being the intersection of the center line of "E" Street and Third Avenue, Thence West 661 .2 feet along the center line of Third Avenue, to Westerly line of Lot 1 said Block 9 extended Northerly; thence South 01 30' East 531 .83 feet along the West line of said Lot 1 and the Northerly prolongation thereof, thence West 659.77 feet to the East line of Lot 40, Block 77, Rancho San Bernardino, thence along the East line of said Lot 4, North 00 28' 30" West a distance of 193.74 feet, thence North 890 37' 30" East 260.15 feet; thence North 20° 31' East 262.5 feet to the center line of the Mill Creek Zanja; thence along the center line of said Mill Creek Zanja North 461 47' East 75.15 feet; thence North 51 ° 1 1 ' East 121 .08 feet; thence North 861 45' East 70.00 feet; thence North 300 43' East 121 feet, thence North 630 59' East 108.1 feet; thence North 251 37' West 9.0 feet; thence North 81 ° 39' East 132.7 feet; thence North 540 54' East 87.7 feet, thence North 490 24' East 81 feet, thence North 451 54' East 94.3 feet; thence leaving Mill Creek Zanja South 00 22' East 176.64 feet; thence North 720 58' East 105 feet, thence North 470 28' East 133 feet; thence North 00 18' East 155 feet; thence North 390 58' East 110.00 feet; thence North 800 38' East 64.02 feet to the center line of King Street; thence South 00 32' East 603.88 feet along the center line of King street to the point of beginning. Except from Parcel No. 1 above described that part of Lot 4, Block 8 of Crafton Tract, ,as per Map recorded in Book 3, Page 14 of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the intersection of the center line of Third Avenue and "E" Street, as shown on licensed land surveyor's map recorded in Book 1 of record surveys, Page 127, thence North along center line of "E" Street, 179.5 feet, thence West 242.37 feet for the true point of beginning, thence South at right angels 50 feet; thence West 50 feet; thence North 50 feet; thence East 50 feet to the true point of beginning. Also excepting therefrom any portion thereof lying South of the centerline of Third Avenue, as conveyed to WJE Corporation, a California Corporation, by Deed recorded December 2, 1983 as Instrument No. 83-284416 Official Records. 2