HomeMy WebLinkAboutContracts & Agreements_87-2021RECORDING REQUESTED BY AND
WFIEN RECORDED MAIL TO
0 Electronically
Recorded in Official Records
County of San Bernardino
Bob Dutton
Assessor -Recorder -County Clerk
DOC# 2021-0262710
0610912021 Titles 1 Pages 12
10:48 AM
SAN Fees $0.00
CITY CLERK'S OFFICE Taxes $0.00
CITY OF REDLANDS 04914 CA SB2 Fee $0.00
P O BOX 3005 Total $0.00
REDLANDS, CA 92373
FEES NOT REQUIRED
PER GOVERNMENT CODE
SE Ti
(THIS SPACE FOR RECORDER'S USE ONLY)
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 1st day of June, 2021, by and between the City of Redlands, a municipal
corporation organized and existing under the laws of the State of California ("City") and
Prometheus Trust 8/28/20 ("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 of Santa Rosa (1983) 146 Cal App 3d, 520 and County of Del Norte v Co of Crescent City
(1999) which state in relevant part 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 parcel of land generally located at 31 100 E Citrus
Avenue formerly known as 2005 E Citrus and identified as county of San Bernardino Assessor's
Parcel Number 0299-052-08-0000 ("Property") in the unincorporated area of the county of San
Bernardino within the City's sphere of influence, as described in Exhibit "A" (Site Plan) and
Exhibit "B" (Grant Deed) has made a request and application to City to receive sewer 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
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DOC #2021-0262710 Page 2 of 12
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 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 sewer 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 sewer 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 sewer 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 sewer connection, and pnor 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
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DOC #2621-6262716 Page 3 of 12
Property.
3 Agreement to Develop by City Standards. In consideration of City's agreement to
provide City sewer 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 sewer
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 As a condition of receiving domestic sewer service from City,
Property Owner shall pay to City all then -established applicable development impact fees, sewer
acquisition fees, and user fees specifically for such domestic sewer 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
nght 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
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DOC #2021-0262710 Page 4 of 12
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 anse 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
S 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 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
4
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DOC #2021-0262710 Page 5 of 12
represent that they have the authonty 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 "
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
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.
Cl
-REDLANDS
Paul T Barich, Mayor
ATTEST.
By
ard.f.J
fine Donaldson, City Clerk
5
ometheus Trust 8/
L•1caldimlAgreenents\Prometheus Trust Pre Annexation Agreement No 21-01 FY20-0095.docx.�n
DOC #2021-0262710 Page 6 of 12
CALIFORNIA 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 SuaNt. Th2- \ before me,
}
Diana Rains, Notary Public
(Here insert name and title of the officer)
personally appeared Paul T Barlch and Jeanne Donaldson
who proved to me on the basis of satisfactory evidence to be the person® whose
name® Aare subscribed to the within instrument and acknowledged to me that
'I /they executed the same in Ns/her/their authorized capacit , and that by
htsJlt/their signature(,) on the instrument the person®, or the entity upon behalf of
which the person() 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.
Notary Public Signature
(Notary Public Seal)
DIANA RAINS
COMM *2342435 z
Notary Public California C?
San Bernardino County
Comm. E
,an 1$,2025
• •
ADDITIONAL OPTIONAL INFORMATIONINSTRUCTIONS FOR COMPLETING THIS FORM
This forst complies with current California statutes regarding notary wording and
if needed should be completed and attached to the document Acknowledgments
from other states nrav be completed for documents being sent to that stale so long
as the wording does not require the California notary to violate California notary
la«
• State and County Information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgment
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public)
• Print the name(s) of document signer(s) who personally appear at the time of
notarization
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e
lie/she/they- is /a+:e) or circling the correct forms Failure to correctly indicate this
information may lead to rejection of document recording
• The notary seal impression must 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 acknowledgment form
• Signature of the notary public must match the signature on file with the office of
the county clerk
sr Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document
▪ 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 the title (i.e CEO CFO Secretary)
• Securely attach this document to the signed document with a staple
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
▪ Other
2015 Version www NotaryClasses com 800 873 9865
DOC #2021-0262710 Page 7 of 12
ALL CAPACITY 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
STATED 01 1 r LLQ,
COUNTY OF` -__J(.{ tipe
On W1Li, t f'�7, 2-O A before me v Cf A at 1[ 1
(Date) (Name and t le of the officer)
personally appeared " c) 7 i\
(Name of person signin )
who proved to me on the basis of satisfactory evidence to be the person whose name . is/are subscribed to
the within instrument and nowledged to me that he/she/they execute the same i h 1tk3eir authorized
capacity(), and that b is Jaeit signature on the instrument the person(,srj, o e entity upon behalf of
which the persons-acte xecuted the instrument
1 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
0) (14 I `fir
Rev 01/01/2015
Signature of oic�r
MICHELLE ORTEGA
Notary Public California
San Bernardino County
Commission d 2332402 r
my Comm Expires Sep 15, 2024
(Seal)
DOC #2021-0262710 Page 8 of 12
EXHIBIT "A"
(SITE PLAN)
6
L 1ca\djmAAgreements\Prometheus Trust Pre Annexation Agreement No 21.01 FY20-0095.docx jn
DOC #2021-0262710 Page 9 of 12
(E) ORANGE GROVES TO REMAIN
0
N
300 23'
(E) ORANGE GROVES TO REMAIN
APN# 0299052080000
4 35 ACRES
(E) ORANGE GROVES TO REMAIN
E ENLARGED PLAN
Parking Ashpalt
err()
G OG
1000 G GGG
4,14.411 aft
N
0
N
B▪ IMCARDraftingV
❑ LAARO
WL MRMI[ASR G 4I3a'
96 iu
91,71,6,7%rxccpA
vorc 95w796,59?2
AD 043021
0▪ 299052080000
San Bernardino County
James
PROMETHUSTRUST
2005 E CITRUS AVE
REDLANDS
.• FORMA
92374
EXISTING SITE PLAN
x5.06.2021
1"=30'-0"
v.00
SI
Doc #2021-0262710 Page 10 of 12
Exhibit "8"
(GRANT DEED)
8
L lealdjmlAgreements1Pramctheus Trust Pre Annexation Agreement No 21 01 FY20-0095.docx.jn
RECORDING REQUESTED BY:
First American Title Company
MAIL TAX STATEMENT
AND WHEN RECORDED MAIL DOCUMENT TO.
Ensen Holmes Mason, Trustee of The
300 E State Street , Suite 504
Redlands, CA 92373
10/30f2020
03 11 PM
SAN
12550
DOC #2021-0262710 Page 11 of 12
Electronically
Recorded in Official Records
County of San Bernardino
Bob Dutton
Assessor -Recorder -County Clerk
DOC# 2020-0426516
Titles 1 Pages 2
Fees
Taxes
CA SB2 Fee
$17 00
$605.00
0.00
Total 5622.00
Space Above Ills Line for Recorder's Use Only
A.P N 0299-052 08 File No.: SSB 6340559 (CZ)
GRANT DEED
The Undersigned Grantor(s) Declares) DOCUMENTARY TRANSFER TAX 5605.00 CITY TRANSFER TAX $0,
SURVEY MONUMENT FEE $0
x ] rompuled on the consideration or ful[ value of property conveyed, DR
computed on the consideration or foil value [ess value of lens and/or encumbrances remaining at time of sale,
[ X ] unincorporated area, [ ] City of Redlands, and
€< MPT FROM BUILDING Homes AND JOBS ACTS FEE PER GOVERNMENT CODE 27388.1(a2)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Larry Jacinto, Successor
Trustee of The Pansy M Jacinto Revocable Trust Established April 3, 1990
hereby GRANTS to Ensen Holmes Mason, Trustee of The Prometheus Trust Dated August 28, 2020
the following described property in theme , County of San Bernardino, State of California.
LOTS 3 BLOCK 10, CRAFTON TRACT, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE 14, RECORDS OF SAID
COUNTY.
Mail Tax Statements To SAME AS ABOVE
A.P.N.. 0299-052-08
Dated. August 25, 2020
Larry Jacinto, Succ- sor . of The Pan
11 Jacinto Revo•.. rust Est.:fished •- 3,
1990
Larry Jacinto, •Cc=:mor Trustee
5TEC
Grant Deed - continued
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
t uthfulness, accuracy, or validity of that document.
STATE OF )55
COUNTY OF —Ski -7 fa-rr Y41,71
On 37w/?14h ,- 1, ;P.) before me,
Public, personally appeared
DCC #2021-0262710 Page 12 of 12
DOC #2020-0426516 Page 2 of 2
Date- 08/25/2020
Fife No,: SSB -5340559 (CZ)
(20hik7
Ja /-v7 Z
who proved to me on the basis o satisfactory evident o'be the person whose name
subscribed to the wit in instrument - • = .cknowledged to me thi / (eft y executed the same '
authorized capacity{, and that b �: ftl r signature on the instrument the person, or t e entity
upon behalf of which the person( ]'acted, executed the instrument.
1 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 offidal seal
, Notary
Notary Signature
This area for official notarial seal
Page 2
ROBIN PAIN
Commission No- 221562$ Aj
NOTARY PU9UC-CALIFORTNA Ci
SAN BERNARDINO COUNTY
Aly Comm. Eapir+es OCTOBER 21 2021