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Contracts & Agreements_181-2022
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22-01 2371 Naples Resolution 8376
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181-2022
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Contracts & Agreements_181-2022
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9/9/2022 2:57:11 PM
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9/9/2022 2:56:51 PM
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Contracts & Agreements
Subject
Annexation and Utility Agreement
Details
22-01 2371 Naples Resolution 8376
Date
9/6/2022
Document Number
181-2022
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DOC #2022-0309441 Page 2 of 11 <br />WHEREAS, Government Code section 56133 authorizes the City to provide new or <br />extended utility services by contract outside its jurisdictional boundaries if it first receives written <br />approval from the Local Agency Formation Commission for San Bernardino County ("LAFCO"), <br />and provides that LAFCO may authorize City to provide such services within City's sphere of <br />influence in anticipation of a later change of organization; and <br />WHEREAS, City's General Plan and Chapter 13.60 of the Redlands Municipal Code <br />establish policies and procedures for the approval of City utility services to properties located within <br />the City's sphere of influence and require, among other things, the owner of the property to be <br />served to enter into an agreement, and record the same in the official records of the county of San <br />Bernardino, requiring the property owner to annex the property to City upon certain conditions; and <br />WHEREAS, City has prepared a General Plan for the unincorporated area in which the <br />Property is located to provide for the orderly planning of such area, and has determined that the <br />proposed development of the Property is consistent with the goals and policies of City's General <br />Plan; and <br />WHEREAS, it is the policy and goal of City to discourage and not facilitate development <br />in City's sphere of influence which is unwilling and/or fails to comply with City's General Plan and <br />City's development standards by refusing to extend utility services in such instances; and <br />WHEREAS, pursuant to the requirements of Chapter 13.60 of the Redlands Municipal Code <br />and in consideration for City's agreement to extend utility services outside its jurisdictional <br />boundaries to the Property, Property Owner has entered into this Agreement to provide assurances <br />to City that connection to City's domestic water system will occur in accordance with the Redlands <br />General Plan and the development standards of the Redlands Municipal Code, and that the Property <br />shall be annexed to City in accordance with this Agreement's terms, provisions and conditions; <br />NOW, THEREFORE, in consideration of the mutual covenants contained herein and other <br />good and valuable consideration, the receipt of which is hereby acknowledged, the City of Redlands <br />and Property Owner agree as follows: <br />AGREEMENT <br />1. Recitals. The foregoing recitals are true and correct. <br />2. Provision of Utility Services. City agrees to provide domestic water service to the <br />Property consistent with the terms and conditions of this Agreement, provided that the connection <br />complies with all rules and regulations of City governing the extension and provision of utility <br />services to properties located outside City's boundaries at the time a request by Property Owner for <br />application for a water connection is approved by City's Municipal Utilities and Engineering <br />Depat talent. Nothing herein represents a commitment by City to provide such service unless and <br />until Property Owner complies with all such rules and regulations. As a condition of approval of <br />an application for water connection, and prior to receiving any service, Property Owner agrees to <br />pay the full cost of such service as established by City for the extension of utility services to the <br />Property. <br />2 <br />
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