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DOC #2023-0154707 Page 2 of 22 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 owners 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 owners to annex the properties to City upon certain conditions; and WHEREAS, City has prepared a General Plan for the unincorporated area in which the Properties are located to provide for the orderly planning of such area, and has determined that the proposed development of the Properties 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 Properties, 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 Properties 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 Owners agree as follows: AGREEMENT 1. Recitals. The foregoing recitals are true and correct. 2. Provision of Utility Services. City agrees to provide domestic water service to the Properties 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 Owners for application for a water and sewer service 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 Owners comply with all such rules and regulations. As a condition of approval of an application for water and sewer connections, and prior to receiving any service, Property Owners agree to pay the full cost of such service as established by City for the extension of utility services to the Properties. 2 I:\cmo\Agreements\Alfata Pre -Annexation Agreement No. 23-03 FY22-0179.docx - AE