____________________ (FOR LAFCO USE ONLY)SAN BERNARDINO LAFCO APPLICATION FOREXTENSION OF SERVICE BY CONTRACT(A certified copy of the City Council/District Board of Directors resolution or a letter from the City Manager/General Manager requesting approval for an out-of-agency service agreement must be submitted together with this application form.) AGENCY TO EXTEND SERVICE:AGENCY NAME: _________________________________________CONTACT PERSON: _________________________________________ ADDRESS: _________________________________________ _________________________________________ PHONE: _________________________________________ EMAIL: _________________________________________ CONTRACTING PARTY:NAME OFPROPERTY OWNER: _________________________________________CONTACT PERSON: _________________________________________MAILING ADDRESS: __________________________________________________________________________________PHONE: _________________________________________EMAIL: _________________________________________ADDRESS OF PROPERTYPROPOSED FOR CONTRACT: __________________________________________________________________________________CONTRACT NUMBER/IDENTIFICATION: _________________________________________PARCEL NUMBER(S): _________________________________________ACREAGE/SF: _________________________________________ City of ChinoJesus Plasencia, Assistant City Engineer13220 Central AvenueChino, CA 91710(909) [email protected] T. Le and Grace M. Lee Family Living Trust 12251 Pipeline AvenueChino, CA 91710See attached agreement (Exhibit A) APN: 1016-071-0512,320 SFMarisol Acosta Montoya 1434 E. Mountain St.(818) 248-3355Glendora, CA [email protected] Extension of Service by Contract____________________ Application Form (FOR LAFCO USE ONLY)The following questions are designed to obtain information related to the proposed agreement/contract to allow the Commission and staff to adequately assess the proposed service extension. You may include any additional information which you believe is pertinent. Please use additional sheets where necessary. 1. (a) List the type or types of service(s) to be provided by this agreement/contract. ________________________________________________________________________________________________________________________________________________________________________________________________(b) Are any of the services identified above "new" services to be offered by the agency? YES NO. If yes, please provide explanation on how the agency is able to provide the service. ________________________________________________________________________________________________________________________________________________________________________________________________2. Is the property to be served within the agency's sphere of influence? YES NO3. Please provide a description of the service agreement/contract.__________________________________________________________________________________________________________________________________________________________________________________________________________________4. (a) Is annexation of the territory by your agency anticipated at some point in the future? YES NO. If yes, please provide a projected timeframe when it anticipates filing an application for annexation of territory that would include the area to be served. If no, please provide an explanation as to why a jurisdictional change is not possible at this time. ________________________________________________________________________________________________________________________________________________________________________________________________ Public sewer to a single-family residence and detached accessory dwelling Refer to the Covenant Agreement to Annex for Sanitary Sewer Connection.Annexation will not occur until a logical block of properties, such as a tractor whole block is ready to annex to the City.
There is an existing 12" sewer line on Pipeline Avenue fronting the subject property.Refer to Exhibit A unit.
Extension of Service by Contract____________________ Application Form (FOR LAFCO USE ONLY) (b) Is the property to be served contiguous to the agency's boundary? YES NO. If yes, please provide explanation on why annexation to the agency is not being contemplated. ________________________________________________________________________________________________________________________________________________________________________________________________5. Is the service agreement/contract in responseto a threat to the public health and safety of the existing residents as defined byGovernment Code Section 56133(c)? YES NO. If yes, please provide documentation regarding the circumstance (i.e. letter from Environmental Health Services or the Regional Water Quality Control Board).__________________________________________________________________________________________________________________________________________________________________________________________________________________6. (a) What is the existing use of the property? ________________________________________________________________________________________________________________________________(b) Is a change in use proposed for the property? YES NO. If yes, please provide a description of the land use change. ________________________________________________________________________________________________________________________________7. If the service agreement/contract is for development purposes, please provide acomplete description of the project to be served and its approval status.__________________________________________________________________________________________________________________________________________________________________________________________________________________ See response 4(a).
Single-family home Zoning - RD4Not applicable
Extension of Service by Contract____________________ Application Form (FOR LAFCO USE ONLY)8. Are there any land use entitlements/permits involved in the agreement/contract? YES NO. If yes, please provide documentation for this entitlement including the conditions of approval and environmental assessment that are being processed together with the project. Please check and attach copies of those documents that apply: Tentative Tract Map / Parcel Map Permit (Conditional Use Permit, General Plan Amendment, etc.) Conditions of Approval Negative Declaration (Initial Study) Notice of Determination (NOD)/Notice of Exemption (NOE) Department of Fish and Game (DFG) Receipt Others (please identify below) ________________________________________________________________________________________________________________________________9. Has the agency proposing to extend service conducted any CEQA review for thiscontract? YESNO. If yes, please provide a copy assessment including a copy of the filed NOD/NOE and a copy of the DFG Receipt.10. Plan for Service:(a) Please provide a detailed description of how services are to be extended to theproperty. The response should include, but not be limited to, a description of:1) capacity of existing infrastructure, 2) type of infrastructure to be extended or added to serve the area, 3) location of existing infrastructure in relation to the area to be served, 4) distance of infrastructure to be extended to serve the area, and 5) other permits required to move forward with the service extension.________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________The property owner is building an accessory dwelling unit and desires to connect to the City's public sewer. The nearest public sewer is less than 200 feet away located on Pipeline Avenue frontingSee response 1(b)the subject property. The property owner also desires to connect the primary residence to the public sewer as well.
Extension of Service by Contract____________________ Application Form (FOR LAFCO USE ONLY)________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________(b) Please provide a detailed description of the overall cost to serve the property. The response should include the costs to provide the service (i.e. fees, connection charges, etc.) and also the costs of all improvements necessary to serve the area (i.e. material/equipment costs, construction/installation costs, etc.). (c) Please identify any unique costs related to the service agreement such as premium outside City/District rates or additional 3rd-party user fees and charges (i.e. fees/charges attributable to other agencies). ________________________________________________________________________________________________________________________________________________________________________________________________Not applicable
Extension of Service by Contract____________________ Application Form (FOR LAFCO USE ONLY)(d) If financing is to occur, please provide any special financial arrangement between the agency and the property owner, including a discussion of any later repayment or reimbursement (If available, a copy of the agreement for repayment/reimbursement is to be provided). ________________________________________________________________________________________________________________________________________________________________________________________________11 Does the City/District have any policies related to extending service(s) outside its boundary? YES NO. If yes, has a copy been provided to LAFCO? YES NO. If not, please include a copy of the policy or policies (i.e. resolution, municipal code section, etc.) as part of the application. ________________________________________________________________________________________________________________________________________________________________________________________________CCEERRTTIIFFIICCAATTIIOONNAs a part of this application, the City of Chino agrees to defend, indemnify, hold harmless, promptly reimburse San Bernardino LAFCO for all reasonable expenses and attorney fees, and release San Bernardino LAFCO, its agents, officers, attorneys, and employees from any claim, action, proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it.This indemnification obligation shall include, but not be limited to, damages, penalties, fines and other costs imposed upon or incurred by San Bernardino LAFCO should San BernardinoLAFCO be named as a party in any litigation or administrative proceeding in connection with this application.The agency signing this application will be considered the proponent for the proposed action(s) and will receive all related notices and other communications. I understand that if this application is approved, the Commission will impose a condition requiring the applicant to indemnify, hold harmless and reimburse the Commission for all legal actions that might be initiated as a result of that approval.
Refer to Exhibit BNot applicable
RECORDING REQUESTED BY AND WHENRECORDED MAIL TO: City of Chino City Clerk P.O. Box 667 Chino, CA 91708 Exempt from recording fees according to Government Code Section No. 27383 COVENANT AGREEMENT TO ANNEX AND FOR SANITARY SEWER CONNECTIONAgreement2024,by and between the City of Chino, a municipal corporation, hereinafter referred to asCityand Nhan T. Le and Grace M. Lee Family Living Trust hereinafterOwnerRECITALSA. Owner owns that certain real property located at 1, Chino, in the County of SanBernardino, State of California (APN: 1016-071-05), and more particularly described in Exhibit PropertyB. The Property is outside of s Sphere of Influence. C. Owner has requested permission to connect the Property, and existing and/orSewerD. City is willing to allow Owner to connect the Property to the Sewer on thecondition that Owner (i) enter into an irrevocable agreement to annex the Property to the City atsuch time as the City determines a sufficient number of parcels are assembled forannexation and the number of parcels or area qualifies for annexation in accordance with theLocal Agency Formation Commission (LAFCO) policy pertaining to such annexations, and (ii)conformance with all City codes and standards pertaining to the Sewer. E. As required by Government Code Section 56133, the City has requested andreceived approval from the Local Agency Formation Commission (LAFCO) of San BernardinoLAFCOAGREEMENTNOW, THEREFORE, the Parties agree as follows:Page 1 of 701225.0006/699634.4 BWB Exhibit A
1. Incorporation of Recitals. The foregoing recitals are incorporated herein byreference. 2. Effective Date; Duration. Effective Date date it is recorded in the Official Records shall continue in full force and effect until terminated in accordance with Section 7 below. Owner shall execute and acknowledge this Agreement and deliver it to City for execution after which City shall have it recorded in the Official Records and send a recorded copy to Owner. 3. Representations and Warranties. Owner represents and warrants to the City that, as of the Effective Date, Owner is the fee owner of the Property, that there are no other owners of the Property other than those listed in this Agreement, and that Owner has authority to execute this Agreement which shall be binding on the Property. 4. Covenants, Restrictions and Obligations. Owner covenants and agrees as follows: (a) Annexation. (i) At such time as the City decides to seek annexation of the Property to Annexation shall fully cooperate with, and provide all necessary assistance to the City during the Annexation process, and shall take all actions required to effectuate the Annexation. Owner waives all rights to protest or otherwise oppose the Annexation of the Property to the City of Chino. Specifically, Owner shall not present any written or oral protest of or objection to Annexation to LAFCO and shall not object (either orally or in writing) to any proposal by LAFCO to waive protest proceedings concerning the Annexation, whether at a public hearing or otherwise. (ii) Additionally, Owner shall pay all fees and costs, at the time that they become due and payable, as would ordinarily be charged to an Owner whose property is being considered for annexation or is annexed to the City, if any. (b) Development of Property. Upon and after connecting the Property to the Sewer, Owner shall use and develop the Property only in a manner consistent with the s General Plan General Plan in addition to any other land use and development standards imposed by the County of San Bernardino. Prior to connecting to and receiving Sewer service, Owner shall provide the City with sufficient information and documentation, including plans, drawings, and specifications, if necessary, to demonstrate to the reasonable satisfaction that the existing or proposed use of the Property is consistent with the General Plan; provided that any accessory dwelling unit meeting the standards of the County of San Bernardino zoning regulations shall not require conformance with the City's General Plan, Codes or standards. Notwithstanding any other provision of this Agreement, a proposed use that is not consistent with the General Plan will not be permitted to connect to the Sewer. (c) Sewer Connection. Owner shall (i) pay all fees, charges, and deposits required by the City for connection to and use of the Sewer including but not limited to fees for Sewer Maintenance and IEUA Sewage Treatment; (ii) shall complete all improvements required to extend the Sewer to the Property, in accordance with City standards (as determined by the City Page 2 of 7 codes and standards regarding use of the Sewer, including but not limited to, discharge regulations. 5. Extension of Sewer Services. City agrees to allow the Property to connect to the Sewer, subject to compliance with the terms of this Agreement and subject to any conditions imposed by LAFCO in its approval of request to extend Sewer services to the Property, if any, which are incorporated herein. 6. Runs with the Land. This Agreement shall run with and burden the Property and all future owners, tenants, and occupants of the Property, and shall run in favor of the City in gross as a covenant and equitable servitude and shall benefit all real property owned by the City from time to time. 7. Release of Covenant. Provided the Owner is not in default of this Agreement, Owner may request that this Agreement be released by sending written notice to City requesting the release after the Property has been annexed to the City of Chino. Upon confirmation of compliance with the foregoing to the reasonable satisfaction of the City, City shall execute a release in a form approved by the City Attorney, which shall be executed and acknowledged by the City and recorded in the Official Records. The release may be executed by the City Manager. 8. Violations; Remedies. (a) Breach of Annexation Covenant. (i) of S e ct io n 4(a)(i) of this Agreement will cause substantial injury to the City, including but not limited to delaying and potentially preventing s primary aim and intent in entering into this Agreement. Since the determination of actual damages caused by a breach of Section 4(a)(i) would be difficult or impractical to determine, City and Owner agree that if Owner breaches Section 4(a)(i) either by making a protest or objection as described in Section 4(a)(i) or refusing to take any actions required to effectuate the Annexation, Owner shall be liable for and shall pay to the City the sum of Ten Thousand Dollars ($10,000), and shall also reimburse the City for all costs (including legal fees) the City, and shall be due whether or not breach prevents Annexation. City may also seek any other remedy for such breach available under law. (ii) If Owner refuses or fails to timely make any payment described in Section behalf and Owner shall reimburse City for such payment within (30) days of a written demand by the City. (b) Breach of Sewer Regulations. If the City believes Owner has violated Section 4(c) of this Agreement, City may provide written notice of breach and demand that Owner remedy the breach within thirty (30) days of receipt of the notice. If Owner fails to remedy the breach in the specified time period and provide proof thereof to the reasonable satisfaction of the City, Owner shall be liable for and shall pay to the City One Hundred Dollars ($100.00) . Page 3 of 7 01225.0006/699634.4 BWB (c) Rights and Remedies are Cumulative. The rights and remedies of the City listed in this Section 8 are cumulative and the exercise by City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by Owner. (d) Lien. If any amount due to the City under this Section 8 is not paid within thirty (30) days of a written demand by the City, City shall have the right to record a lien against the Property for such amount. 9. Amendment or Modification. This Agreement may not be amended or modified except (i) in writing executed by the then current owner(s) of the Property and the City, and (ii) recorded in the Official Records. 10. Notices. Any notice to be given under this Agreement shall be given by personal delivery or by depositing the same in the United States Mail, certified or registered, postage prepaid, at the following addresses: City: City of Chino 13220 Central Avenue Chino, CA 91710 Attn: Director of Development Services With Copy to: City of Chino 13220 Central Avenue Chino, CA 91710 Attn: City Attorney Owner: Nhan T. Le and Grace M. Lee Family Living Trust 12251 Pipeline Avenue Chino, CA 91710 Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in the mail. Any party may change address for notice by giving written notice of such change to the other party. 11. Miscellaneous. (a) Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. (b) Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California and any legal action shall be brought in a court of competent jurisdiction in San Bernardino County. (c) Attorney's Fees. In the event of any litigation or other legal proceeding arising from this Agreement, the prevailing party will be entitled to recover, in addition to any other relief awarded or granted, its reasonable costs and expenses, including attorney's fees, incurred in the proceeding. Page 4 of 7 01225.0006/699634.4 BWB (d) Final Agreement. This Agreement contains the entire understanding and agreement with respe ct to t h e subject matter of t his Agreement and a ll p ri or o r contemporaneous documents, communications, understandings, representations, and statements shall be of no force or effect. (e) Construction. This Agreement shall be construed according to its fair meaning as if prepared by all parties to this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. (f) No Waiver. The failure to enforce any term, covenant, or condition of this Agreement shall not be construed as a waiver of the right to enforce this, or any other, term, covenant, or condition of this Agreement. (g) Counterparts. This Agreement may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and the same document. [Signatures on Following Page] Page 5 of 7 01225.0006/699634.4 BWB IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officials thereunto duly authorized. CITY: CITY OF CHINO, a municipal corporation Linda Reich, City Manager ATTEST: Natalie Gonzaga, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: ALESHIRE & WYNDER, LLP Fred Galante, City Attorney Hye Jin Lee Director of Public Works OWNER: NHAN T. LE AND GRACE M. LEE FAMILY LIVING TRUST By: Nhan T. Le, Trustee By: Grace M. Lee, Trustee [ SIGNATURE SHALL BE NOTARIZED] Page 6 of 7 01225.0006/699634.4 BWB EXHIBIT A PROPERTY DESCRIPTION That certain real property in the County of San Bernardino, State of California, legally described as follows: THAT PORTION OF LOT 9, SECTION 3, TOWNSHIP 2 SOUTH, RANGE 8 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO MAP OF SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER FOR SAID LOT; THENCE NORTH 278.2/3S FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 208.2/3 FEET A POINT THENCE NORTH ALONG A LINE PARALLEL WITH WEST LINE OF SAID LOT 70 FEET TO A POINT; THENCE WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 208.2/3 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID LOT 70 FEET TO THE TRUE POINT OF BEGINNING. APN: 1016-071-05-0000 Page 7 of 7 01225.0006/699634.4 BWB