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Home My WebLink AboutContracts & Agreements_83-2023RECORDING 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 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2023-0126779 05/25/2023 Titles:1 Pages:13 08:24 AM SAN Fees $0.00 Taxes $0.00 C5032 CA SB2 Fee $0.00 Total $0.00 S SPACE FOR RECORDER'S USE ONL 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 16th day of May, 2023, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California ("City") and Home For Our Troops, Inc., a Massachusetts Nonprofit Corporation ("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 generally located at 2340 Mentone Avenue, Mentone, CA 92359 and identified as county of San Bernardino Assessor's Parcel Number 0298-295-12-0000 ("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 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 LkmoWgreements\2340 Mentone Ave. Pre-Annexation_Agreement FY22-0164.docx DOC #2023-0126779 Page 2 of 13 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 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 of 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 2 1:\cmo\Agreements\2340 Mentone Ave. Pre-Annexation_Agreement FY22-0164.docx DOC #2023-0126779 Page 3 of 13 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 to City and agrees it shall take any and all reasonable and necessary actions, and fully and in good faith to 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 water service from City, Property Owner shall pay to City all then -established applicable development impact 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. 1:\emo\Agreements\2340 Mentone Ave. Pre -Annexation —Agreement FY22-0164.docx DOC #2023-0126779 Page 4 of 13 10. Indemnity and Cost of Litigation._ A. Property Owner agrees to and shall hold City, and it's 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 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 annul 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 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 Headinms. 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. 0 L\cmo\Agreements\2340 Mentone Ave. Pre-Annexation_Agreement FY22-0164.docx DOC #2023-0126779 Page 5 of 13 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." 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. CI1 ATTEST: By: ne Donaldson, City Clerk HOME FOR OUR TROOPS, 1NC. Un L\cmo\Agreements\2340 Mentone Ave. Pre-Annexation_Agreement FY22-0164.docx 2 oh. Silvia, Senior Real Estate ,onYbliance Officer DOC #2023-0126779 Page 6 of 13 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 Massachusetts County of Bristol, On before me, Char" tom- PEtc,'Ser, ti(ota PQ'hl(C (insert name and title of the o Icer personally appeared John R. Silvia, Senior Real Estate Compliance officer who proved to me on the, basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. WITNESS my hand and official seal. Signature (Seal) CHERYL G. PETERSON Notary Public COMMONWEALTH OF MASSACHUSETTS My Commission Expires June 9, 2025 DOC #2023-0126779 Page 7 of 13 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 Califotnia Count of - T . - Y On ;Da e personally appeared who proved to me on the basis of satisfactory evidence to be the per on(s) whose name(s) //are subscribed to the within instrument and acknowledged to me that Ve/s/they executed the same in firs/hAr/their authorized capacity(ies), and that by O/Vr/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. WITNESS my hand and official se . lamy L. R. MCCASLAND Notary Public . California Signature Riverside County Commission N 2319647 Signature of No ary Public Comm. Expires Feb 19, 2024 Place Notary Seal Above OPTIONAL 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: Ctapacity(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: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2023-0126779 Page 8 of 13 EXHIBIT "A" SITE PLAN I:\cmo\Agreements\2340 Mentone Ave. Pre-Annexation_Agreement FY22-0164.docx DOC #2023-0126779 Page 9 of 13 Exhibit A Site Plan Mentone Avenue Mentone, CA Annexation Agreement — ' MENTONEAVE w DOC #2023-0126779 Pagel 0 of 13 EXHIBIT `B" GRANT DEED 1:\cmo\Agreements\2340 Mentone Ave. Pre-Annexation_Agreement FY22-0164.docx DOC #2023-0126779 Page 11 of 13 Exhibit B - Grant Deed Electronically Recorded in Official Records San Bernardino County V Bob Dutton RECORDING REQUESTED BY: Assessor -Recorder -County Clerk Lawyers Title ,n404- 7,0- ooc# 2021-as93soz AND WHEN RECORDED MAIL TO: 08131/2021 Tltles:l Pages:3 John R. Silvia 10:31 AM SAN Fees $30.00 6 Main St Taxes $258.60 Taunton, MA 02780 14609 CA SB2 Fee $0.00 Total $288.60 THIS SPACE FOR RECORDER'S USE ONLY: Title Order No.: 621690936 Escrow No.: 13917-JP APM 0298-295-12-0-000 GRANT DEEb THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is $258.60 (Xj computed on full value of property conveyed, or ( } computed on full value less value of liens or encumbrances remaining at time of sale. ( j Unincorporated area (Xj City of Mentone AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Chase Ash and Lindsay Ash, Husband and Wife as Joint Tenants hereby GRANT(s) to: Homes For Our Troops, . TNC . the real property in the City of Mentone, County of San Bernardino, State of California, described as: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF Also Known as: 2340 Mentone Ave, Mentone, CA 92369 Dated June 24, 2021 Chase Ash ]n say Ash 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. R�IA COUNTY OF 1 gcw_ ✓4.49-0 L On � /.t 3 2a 7 t before me, AM leez Al n//9 A Notary Public personally appeared who proved to me on the basis of satisfactory a idence to be the pe whose ar s)1 r uescribed to the within Instrument and acknowledged 'es), his/her/ the to me that he/she/executed the same in his/he f�aulhorize c aci and that by ei fgnature s) on instrument the pers 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. WITNESS my hand and official seal, }R. 'SAMUCL LUNA � �j//y COMM.0235117.4 `3 Signature a (Seat} kW`"o' �A MAIL TAX STATEMENTS TO PARTY SHOWN BELOW, IF NO PARTY SHOWN, MAIL AS SHOWN ABOVE: DOC #2023-0126779 Page 12 of 13 DOC #2021-0393802 Page 2 of 3 ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 1 certify under penalty of perjury that the notary seal on the document to which this statement Is attached reads as follows: Name of Notary: SAMUEL LUNA Notary Identification Number: 2351124 Vendor #: TUS7 County Where Bond Is Filed: SAN BERNARDINO COUNTY Date Commission Exp: MARCH 12, 2026 Place of Execution: Riverside, CA Pasion title Inc. 08/31/2021 DATE: ?,JeV-st (,A Signature DOC #2023-0126779 Page 13 of 13 DOC #2021-0393802 Page 3 of 3 File No: 621690936 EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PORTION OF LOT 5, BLOCK 22 OF MENTONE, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 81 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5, THENCE EAST ALONG THE SOUTH LINE OF MENTONE AVENUE 195 FEET; THENCE AT RECORDED ANGELES SOUTH 400 FEET, BUT NOT SOUTH OF A POINT 210 FEET NORTH OF THE SOUTH LINE OF SAID LOT; THENCE WEST PARALLEL WITH THE SOUTH •LINE OF MENTONE 195 FEET, MORE OR LESS, TO THE WEST LINE OF LOT 5; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 400 FEETTO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NUMBER: 0298-295-12-0-000 CLTA Preliminary Report Form - Modified (11-17-06) Page 3