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HomeMy WebLinkAboutContracts & Agreements_58-20264/23/26, 5:03 PM Document-33324285-Page-1 RECORDING 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 Y Assessor -Recorder -County Clerk DOC# 2026-0104475 042312026 Titles:1 Pages: 13 04:49 PM SAN Fees $0.00 Taxes $0.00 K5079 CA S62 Fee $0.00 Total $0.00 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 21s° day of April, 2026, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California ("City") and Jose F. Sosa Sosa, a married man as his sole and separate property, ("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 propose 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 2789 Mill Creek Road and identified as county of San Bernardino Assessor's Parcel Number 0302-152-06-0000 ("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 [AcmoV4pwmentsTP annexation Agreemem.bm.04.06.2026.FY2526-153,dmx about:blank 1/1 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 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 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 1Acmo\Agreements\Pre-annexation Agreement.bm.04.08.2026.FY2526-153.docx 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 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 ofthe 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, 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 governmental entity regulating the development of private property and the owner of such property. 3 C\cmo\Agreements\Pre-annexation Agreement.bm,04.08.2026.PY2526-153.doex 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 Properly 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 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. II. 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. B. 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'. 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 represent that they have the authority to execute this Agreement on behalf of the legal, fee title 4 hemoWgreementsTre-annexation Agreement.bm.04.08.2026.FY2526-153.doex 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. CITY OF REDLAND By. ' --- Mario Saucedo, Mayor ATTEST: By: Je6tde Donaldson, City Clerk PROPERTY OWNER I: IcmolAgreementsTre-annexation Agreement.bm.04.08.2026.FY2526-153.docx CLEAR 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 County of San Bernardino on 04/23/2026 Dote before me, Whitney A. Mesna, Notary Public Here Insert Name and Title of the Officer Personally appeared Mario Saucedo and Jeanne Donaldson Nome(s) of Signer(s) 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), a nd that by his/her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. *my WHITNEY A, MESNA Notary Public - Cali(arnia San Bernardino County Commission M 2516836 Comm. Expires Apr 10, 2029 Place Notary Seal 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 ficial seal. Signature M1 Signature of 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 Agreement for Annexation Document Date 04/21/2026 Number of Pages Capacity(ies) Claimed by Signer(s) Signer's Name Corporate Officer—Title(s) Partner Limited Signer(s) OtherThan Named Above General individual Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing Signer's Name Corporate Officer —Titles) Partner Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing ©2014National NotaryAssociation a www.NationalNotary.org e 1-800-USNOTARY (1-800-876-6827) Item#5907 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 Q &1LJ et7"(1'f } County of "6PrW awaolwtD On 0 %-t'-W' 12 before me, V►S�Q�X k 6�C�Gc , 9Lt are nse name a�� e o car personally appeared IP- SM A-S 7» A who proved to me on the basis of satisfactory evidence to be the person(O whose name(b) sure subscribed to the within instrument and acknowledged to me that fg/shelthey executed the same in &her/their authorized capacityQ09), and that by is er/their signature(g) on the instrument the person($), or the entity upon behalf of which the person(o 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. pa `° w� LUIS ERNESTO SANCHEZ and official seal., Comm.# 2429881 N MOTOR IRMIC•CAIIrORNIA Sm SONAAOINO COUMr a•�' Nv Comm. eNa. Dec. s, zoze " a (Notary Public Seal INFORMN DESCRIPTION OF THE ATTACHED DOCUMENT VT-,/ U -& OGG) (Title or description of attached document) Pages 0+— Document CAPP >CITY CLAIMED BY THE SIGNER Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other www.NotaryClasses.coln 800-873-9866 INSTRUCTIONS FOR COMPLETING THIS FORM Thisform complies with currentCal(fornia statutes regarding notary wording and, lfneeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) 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 Ox. HelshelOwy, is /are) 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 seat 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, G Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. C• Indicate title or type of attached document, number of pages and date. 8• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CFO, CFO, Secretary). • Securely attach this document to the signed document with a staple. EXHIBIT "A" SITE PLAN I\cmo\AgrecmentsTP anncution Agreement.bm.04.082026,FY2526-153.docx 030215150 2780 Site Plan 2789 Mill Creek Road MILL CREEK RD 030215140 030215104 2784 2790 Preannexation Agreement Exhibit "A" 0 z 030215105 w4_11 0302151 f 2800 EXHIBIT `B" GRANT DEED 1:\cmc\Agreements\Prc-anncxation Agreement.bm.04.08.2026.FY2526-153.docx RECORDING REQUESTED BY: Fidelity National Title Company M'.XJ5 When Recorded Mail Document and Tax Statement To: Jose F. Sosa Sosa 624 West Etiwanda Avenue Rialto, CA 92376 Escrow No.: IE2608462 APN/ParcelID(s): 0302-152-06.0-000 The undersigned grantor(s) declare(s) Resettled In Official Records SanElectronically San Bernardino County rdi Assessor -Recorder -County Clerk DOC# 2026.0317799 1240/2028 Tltles:1 Pages:3 02:16 PM SAN Fees $20.00 Taxes $96.70 K4816 CA $at Fee $0.00 Total $116,70 ltTC79ni � M; Cl This transfer is exempt from the documentary transfer tax. 0 The documentary transfer tax is $95.70 and Is computed on: 0 the full Value of the Interest or property conveyed, 0 the full value less the lions or encumbrances remaining thereon at the time of sale. The property Is located In F1 the klity of Mentone. t /A/t}r14tl('(�E+pL1;f Qa Ctf2tt FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Nancy Ruth Hulla, Successor Trustee of The Charles R. Kiel Trust dated March 22, 2006 hereby GRANT(S) to Jose F. Sosa So$@, a married man as his sole and separate property the following described real property in the City of Mentone, County of San Bernardino, State of California: SEE EXHIBIT "A" ATTACI-IED HERETO AND MADE A PART HEREOF PROPERTY COMMONLY KNOWN AS: Vacant Land (APN: 0302-152-06.0-000), MITI Creek Road, Mentone, CA 92359 MAIL, TAX STATEMENTS AS DIRECTED ABOVE CraM need Prntedt 12A2.26Q07:11 AM 3CA0000129.doo! Updated: 12,08.26 0hFT�FEMPA1600.071003•IC2608407. DOC #2025.0317799 Page 2 of 3 GRANT DEED (continued) APN/ParcellD(s): 0302-152-06.0.000 Dated; December 12, 2026 IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. Nancy Ruth Huila, Successor Trustee of The Charles R. Kiel Trust dated March 22, 2006 BY: Nano RMIIauth `�_._...... 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, State of 'A.. - County of t YAW r yM OnW�rSpµ w-- before me�L Notary Public, ,a,_�-�•,,�,„ , (here name and title of the oftoor) personally appearedCLO CLA..�_SA.d. who proved to me on the bass ofsatis actory ovidence to ba the person(s) whose nams(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In Mather/their authorized capeclty(les), and that by his/her/their signature(s) on the Instrument the parson(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of Qali�atfaragoing paragraph is true and correct. OFFICIAL STAMP KRISTINOTARY MARIE w0OREQO Y NCTARY PUaLIC •OREODN COMMISSION NO. 1030440 MYCOMMISNON WIROOAPRIL 27, 2027 Omit Oeud Printed: 12.12.26 ® 0701 AM 8CA000012Uao1epdatod: 11.os2a CA-FT-FEMP-O/6ODA71003-IE2606462 DOC #2025-0317709 Page 3 of 3 EXHIBIT A Legal Descriptlon ForAIDN/Pprool ID . -1�2.0(L-ooq ID( P302 0 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE OF MENTONE, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 6 OF TRACT N-Q,kU 7 , IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN 900KAI PAGrzqj8 OUNTYREOR R COUNTY, -,49AND 60OF MAPS. IN OF C rr)E OF SAID D