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HomeMy WebLinkAboutContracts & Agreements_171-2021RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK'S OFFICE CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 0 Electronically Recorded in Official Records San Bernardino County Bob Dutton Assessor Recorder -County Clerk DOC# 2021-0410927 09/09/2021 Titles 1 Pages 15 08 00 AM SAN Fees $0 00 Taxes $0 00 C5032 CA SB2 Fee $0 00 Total $0 00 (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 7th day of September, 2021, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California ("City") and Daniel Rodriguez and Rosemarie Armendanz (together, "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 City 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 developed with a single family dwelling and detached garage generally located at 2204 Nice Avenue and identified as county of San Bernardino Assessor's Parcel Number 0298-271-26-0000 ("Property") in the unincorporated area of the county of San Bernardino within the City's sphere of influence, as described in Exhibit "A" titled "Site Plan" and Exhibit "B" titled "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 1 L \ca\djm\Agreements\Daniel Rodnguez and Rosemarie Armendanz Pre Annexation Agreement No 21-02.docx.jn DOC #2021-0410927 Page 2 of 15 WHEREAS, Government Code section 56133 authonzes 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 authonze City to provide such services within City's sphere of influence m 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 uhhty services outside its junsdictional boundaries to the Property, Property Owner have 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 Engineenng 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 2 L \ca\dim\Agreements\Damel Rodnguez and Rosemane Armendanz Pre -Annexation Agreement No 21-02.docx.jn DOC #2021-0410927 Page 3 of 15 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 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 Mumcipal 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 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 3 L \ca\djm\Agreements\Damel Rodriguez and Rosemane Armendanz Pre Annexation Agieetuent No 21-02.docx.jn DOC #2021-0410927 Page 4 of 15 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, mdemmfy 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 B Property Owner shall defend, at its expense, including attorneys' fees, mdemmfy 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 m 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 terns 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 Authonty 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 4 L \ca\dim\Agreements \Daniel Rodnguez and Rosemane Armendanz Pre Annexation Agreement No 21 02.docx.jn DOC #2021-0410927 Page 5 of 15 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 nghts 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 wntten 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 CIT DLANDS By Paul T Banch, Mayor AT PEST By ne Donaldson, City Clerk By Daniel Rodriguez, Owner PROPERTY OWNER Rosemarie Armendanz, Owner 5 L \ca\dim\Agreements \Damel Rodnguez and Rosemarie Armendanz Pre Annexation Agreement No 21-02.docx.jn DOC #2021-0410927 Page 6 of 15 ACKNOWLEDGMENT State of California County of San Bernardino On July 20, 2021 before me, R Granado-Dominguez, Notary Public (insert name and title of the officer) personally appeared Rosemarie Armendanz & Daniel Rodriguez who proved to me on the basis of satisfactory evidence to be the person( hose names is/0 subscrib to the within instrume and acknowledged to ae4hat he/she/ executed the same in his/her/ it authorized capacity e ), and that by his/her/t or signatures on the instrument the person(s,, 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 NwuNNuwwuuunn ORANADO-DOMIPiGuEz COMM 82258801 Notary Public California 4 r , San Bernardino County My Comm Expires Sep 18 2022 NNNNNNINNNNNNNNN NIONUN wNwwlw DOC #2021-0410927 Page 7 of 15 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 Calif nia N Cour$y of MLA �� N 1 lwl( �,. �) yip Obefore Date personally appeared PILO �N re Ins a Name(s) of Sign )4,6 Lam' e and Titlee Offi 0.nri2 s, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) pare subscribed to the within instrument and acknowledged to me that I /st/they executed the sSme in lye/h /their authorized capacity(ies), and that by f /hfif/their signature(s) 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 paragraph is true and correct ` L R MCCASLANDi■ Notary Public California f ' Riverside County •: 19, f Commission # 2319647 `V My Comm Expires Feb 19, 2024 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL Signatch e-6f Notary Public 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 Document Title or Type of Document Document Date Number of Pages 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 Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 4 `.ex e.v.�c?�tx..t:'(tx C- ©2014 National Notary Association • www NationalNotary org 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2021-0410927 Page 8 of 15 EXHIBIT "A" SITE PLAN 6 L \ca\djm\Agreements\Damel Rodnguez and Rosemane Armendanz Pre Annexation Agreement No 21-02.docx.jn DOC #2021-0410927 Page 9 of 15 %,1_ PROPERTY LINE SAPPHIRE AVENUE — PROPERTY UNE 2204 NICE AVE MENTONE CA PREPARED BY: Siteplan Al DOC #2021-0410927 Page 10 of 15 EXHIBIT "B" GRANT DEED 7 L \ca\djm\Agreements\Damel Rodnguez and Rosemane Annendanz Pre Annexation Agreement No 21 02.docx jn DOC #2021-0410927 Page 11 of 15 Titte 365 RECORDING REQUESTED BY: Equitable Escrow. Inc. Order No. CA051046002033-50 Escrow No. 15tO-SN •Parcel No 029S-27i-264400 TRA, 204101 HEN RECri SOIL To. IJANIEL RODRIGUEZ 2204 NICE AVE MENTONE, CA 92359 EleptonteallyfteeordedinOfficlaIRocerds,CountyofSanBernardloo BOB DUTTON ASSESSOR - RECORDER - CLERK 982 Advantage Title Co 4/27/2016 02,46 PM JC •noai• 2.0104161346 Titter 1 Pages: 34 00 . I s. 0:: . 00 190. 00 ° gPACE ABOVE THIS LNE FOR liECORDERS USE dRANT DEED TIE UNDERSIGNED OPANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS $198.00 and CITY $ temputed on full value of property conveyed, or computed on full value less liensor encumbrances remaining at thetime of sale. - tuibiterpOrated weal 131 Mentone, and Av4uAns-CONsfIDERT1014, receipt of which is hereby acknowledge& Larry A. Belleau Living Revocable heteby-T6S)ttk, Patel —odri uez-and Rosemarie Armendarlz. Husband and Wife as.Jolirt Tenants en"- 1"Pc'kt. 11 Reihnler,) 5 (t. cc es5ar Tr ustditted-MaY Its ZOtti aialliOree the following described real property in the County of San Bernardino, State of Californta Lot 2 Block 3 of Crofton Tract in the unincorporated area, commonly known as Mentone, County of San Bernardino, State of California, as per map recorded in Book 3 Page 14 of Maps, in the Office of the County Recorder of San Bernardino County. More commonly known as 2204 Nice Ave, Mentone, CA 92359 Date April 22 2016 Larry A. Belleau Living Revocable -MIA -dated May 15, 2015 Q By: Patsy A Ringer, Successor Trustee a 444 4.1c tvil) if ete,4•14,-F) /4. 6. 40-e 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 couary oF7t3tr&RNIAIde. } s s STATE OF CA-unq On a Orb before tne, J14(1....1) 01741- IfC—' i IN11421(•( P00.1(4, 1 4 person appeared atsv A. Rellmeer, who proved to me Qa) be basis of satisfactory evidence to be the persin(04whose name ofubscribed to the within ins • ent and acknowledged to me 24S...he/Op/they executed the same in liTgletheir auth capacity(le<and that by heir signature(sLoir the instrument EC personia)r-Or the entity upon behalf of which the person(orrcted, executed the instrument. eLt-;:f-ftt‘kritalev(77-H , — - •54iI Tax Statasients to: SANtE AS ABOVE or Address Noted Be OW ' • . RECORDING REQUESTED BY: Equitable Escrow, Inc Order No CA0510-16002033-;0 Escrow No 1510-SIN Parcel No 029$-211 26-0-000`TR& 10410I a f AND WHEN RECOD-EDMAIL :1i o: ; IELL. RODR1GU1 .004 , '04ONE;::CA;9235 DOC #2021-0410927 Page 12 of 15 'SP ADE ABQVE TFi1S LINE FOR RECiJiltjE '$ USE GRANT DEED) THE UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS $198.00 and CITY $ computed on full value of property conveyed, or e aniputedson full: value less hens orencumbrances remaining at the time::of sale. . is incon oraied area- '1E) Menfooe, and , l 'A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Lair} A. Belleau :Living Revocable Trust dated Ma)1a,.201.5 hereby ORANT(S) to Daniel fitidrtbuez and Rosema.ri Arniendariz, Husband and Wife as Joint Tenants the following described real property m the County of San Bernardino, State of California Lot 2 Block 3 of Craton Tract in the unincorporated area, commonly known as Mentone, County of San Bernardino, State of California, as per map recorded in Book 3 Page 14 of Maps, in the Office of the County Recorder of San Bernardino County More commonly known as 2204 Nice Ave, Mentone, CA 92359 Lk it,c A ` o t .p &. Vic. Date Apri122 2016 Larry A Belleau Living Revocable Trust dated May 15, 2015 By: Patsy A. ReVinger, Successor Trustee 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 STA 1'E OF C FQRNIA �) COUNTY OF 1,V Q,6�& (G[ +e„ } S.S. On � before me, c 4C ) 6 1 L! 1 '`ii .:i''y f t b d t G , perso appeared Patsy A. Rellinuer, who proved to me pn he basis of satisfactory evidence to be the perspo(s) whose name ar�ubscribed to the within ins ent and acknowledged to me that liel h�eltlaey executed the same in his`7 lth�r author d capacity(les') and that by bnrf their signature(s)�arr'the instrument t e personks) 6r the entity upon behalf of which the person(.sted, executed the instrument Man Tait Statements to SAMI~ AS ABOVE or Addre s Noted Below DOC #2021-0410927 Page 13 of 15 . ng ara a h is true and I certify under PENALTY OF PERJURY under the laws of the State of California that the: fore oa p, g P correct. vIITNPSS my hand Signature dal seal. (Seal) DQC #2021-0410927 Page 14 of 15 •ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies onlythe identity of the individual Who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validityof that document. State of Callf9mia County of F-WeiS tat on It 22, iPt Pe before me, 411L- , 6 (Lrsert4Same and title of the officer) personally appeared 4:1S11 IA- tirlf-ifk. • who proved to Me On the beets of satisfactory evinceto be the persoc(s) whos6hame(1)(art subt.Cribid to the within instrument and acknowledged to me thatheilthey executed the same in histheir authorized capacity(ies), and that by /their signatures) on the instrument the person( -Or the 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 official seal Signatur (Seal) STACEY NORFOLK Commiss!on# 2086158Notary .P).10110 CaliforniaRivergldu County Comm Ex.Ires Oct 16 2018 110, EXHIBIT A Legal Description The land hereinafter referred to IS si' described as follows That portion of Lot, Brock. 3. Crofton Tract, as per plat recorded in Book 3 of Maps, Page 14, Records of said County, described as follows Beginning at the intersection of the South line of Nice Avenue';and the-East:line.of Sapphire` Avenue (said.: Nice Avenue being 70 feet wide and Sapphire being 50 feet wide); thence South along the East line of Sapphire Avenue, 280 feet, thence East°on a line which is parallel with the South Iine of Nice Avenue, 130 feet, thence North on a line which is parallel with the East line of Sapphire Avenue; 280 feet'to the South line of Nice Avenue, thence West along the South line of Nice Avenue, 130 feet to the place of beginning. APN 0298-271-26-0-000 DOC #2021-0410927 Page 15 of 15 Fated in the Area of Mentone, County of San Bernardino, State of CA, and is CA0510 16002033�50132