WATER AND SEWER CONNECTION AGREEMENT
Ivy Rose Area
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Patterson
1 Plaza Cir.
Patterson, CA 95363
Attn: City Clerk
(Space above this line for Recorder’s use)
(Recording fees exempt per Gov. Code, §§ 6103, 27383)
WATER/SEWER CONNECTION and SOUND WALL AGREEMENT
Ivy Rose Area – Zacharias Project
This WATER/SEWER CONNECTION and SOUND WALL AGREEMENT
(“Agreement”) is made by and between the CITY OF PATTERSON, a California municipal corporation (“City”), and ________________ (“Property Owner”), the owner of that certain property located at _____________________________, Stanislaus County, California, commonly known as Assessor’s Parcel Number ________________ (“Property”), as more particularly described in Exhibit A, attached hereto. City and Property Owner may be referred to herein collectively as the “Parties” or individually as a “Party”. There are no other parties to this Agreement.
RECITALS
A. City has adopted certain approvals relating to the Zacharias Master Plan (“Master Plan”), including but not limited to, a General Plan Amendment, Environmental Impact Report, the Master Plan, Zoning, as well as pertinent agreements between developers and City (collectively, the “Zacharias Project”).
B. The Master Plan is located north of existing City limits, generally bounded by Zacharias Road to the north, Ward Avenue to east, and Rogers Road to the west (“Master Plan Area”).
C. City seeks to annex the Zacharias Project. As ordered by Stanislaus LAFCO Resolution No. 2023-08, the annexation is subject to confirmation by the registered voters in the Master Plan Area.
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D. This Agreement pertains to the properties within the “Ivy Rose Area” of the Zacharias Project, as further described in Exhibit B attached hereto.
E. Existing parcels in the Ivy Rose Area do not currently receive water or sewer service from City.
F. All properties located within City limits are required to connect to City’s water and sewer systems, in accordance with City’s ordinances, rules, and standards.
G. Upon annexation, the Parties desire to defer the time and terms in which Property Owner would be required to connect to City’s water and sewer systems.
H. By separate agreement attached hereto as Exhibit C, the developers of the Zacharias Project (“Developers”) have agreed to install certain public improvements for the benefit of the Ivy Rose Area, as set forth therein.
I. The purpose of this Agreement is to provide terms and conditions for connection to City’s water and sewer systems, and also to provide for construction of a sound wall, as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the Parties agree as follows:
AGREEMENT
1. Conditions Precedent. This Agreement shall have no force or effect unless the following events occur: (a) The Master Plan Area has been formally annexed into City limits, and (b) Developers and City have entered into the Zacharias Project Agreement for the Ivy Rose Area (“Zacharias Project Agreement”), a copy of which is attached hereto as Exhibit C for reference. Failure of Developers to execute the Zacharias Project Agreement shall cause this Agreement to be null and void.
2. Effective Date. Upon formal annexation of the Master Plan Area into City limits, Property Owner will have ninety (90) days to execute this Agreement. Failure to execute this Agreement within this period will result in forfeiture of the benefits contained in this Agreement. Upon a showing of good cause by Property Owner (e.g., health or safety emergencies, or trustee proceedings for authority to bind the Property), City may extend the time period as necessary to provide Property Owner with a reasonable opportunity to execute this Agreement.
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3. Applicability. Upon annexation of the Master Plan Area into City limits, Property Owner shall be subject to all applicable City ordinances, plans, rules, and standards, as may be updated from time to time (collectively referred to herein as the “City Code”). In the event of any conflict between this Agreement and the City Code, this Agreement shall govern.
4. Developer Obligations. Developers have agreed to install the following public improvements for the benefit of the Ivy Rose Area, as further described in the Zacharias Project Agreement attached hereto as Exhibit C:
(a) The water main and laterals stubbed out to the property line along Ivy Avenue, in accordance with the Master Plan and at such time that development of the adjacent area occurs.
(b) Water and sewer mains and laterals stubbed out to the property line along Rose Avenue, in accordance with the Master Plan and at such time that development of the adjacent area occurs.
(c) Water and sewer mains and laterals stubbed out to the property line along Ward Avenue, in accordance with the Master Plan and at such time that development of the adjacent area occurs.
(d) A sound wall along the easterly paseo described in the Master Plan, adjacent to the Ivy Rose Area.
5. Water Connection. Connection to City’s water system shall require installation of all necessary water pipelines and appurtenant facilities, consistent with the Zacharias Project and City standards. Property Owner shall be subject to the following terms and conditions for connection to City’s water system:
(a) Time for Connection. Property Owner will not be required to connect to the City water system, until such time that the Property is subdivided or developed. “Subdivided” refers to the division of the Property into additional parcels. “Developed” refers to future development of the Property within the existing parcel, by increasing the number of dwelling units on the Property.
(b) Fees. If Property Owner voluntarily connects the existing home (including any existing ADU) on the Property to the City water system, such connection(s) will not be subject to City’s water impact fee. In the event that the Property is subdivided or developed, all connection requirements and impact fees will be required upon construction of new dwelling units in accordance with the City Code.
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(c) Accessory Dwelling Units (ADU). Adding one (1) ADU to the existing home on the Property will not require payment of City’s water impact fee or require a connection to City’s water system. This provision shall not apply to any structure that does not qualify as an ADU pursuant to the City Code or Government Code section 65852.2 et seq.
(d) Service Line Extensions. Developers shall be responsible for installing the water distribution mains, and also the water service line laterals stubbed out to the Property line, pursuant to the Zacharias Project Agreement. The location of the water lateral shall be subject to mutual agreement of City and Property Owner, in the interest of convenience and cost to Property Owner. Property Owner shall be responsible for the costs of the service line inside the Property line.
6. Sewer Connection. Connection to City’s sewer system shall require installation of all necessary sewer pipelines and appurtenant facilities, consistent with the Zacharias Project and City standards. Property Owner shall be subject to the following terms and conditions for connection to City’s sewer system:
(a) Time for Connection. Property Owner will not be required to connect to the City sewer system, until such time that the Property is subdivided or developed.
(b) Fees. If Property Owner voluntarily connects the existing home (including any existing ADU) on the Property to the City sewer system, such connection(s) will not be subject to City’s sewer impact fee. In the event that the Property is subdivided or developed, all connection requirements and impact fees will be required upon construction of new dwelling units in accordance with the City Code. (c) Accessory Dwelling Units (ADU). Adding one (1) ADU to the existing home on the Property will not require payment of City’s sewer impact fee or require a connection to City’s sewer system. This provision shall not apply to any structure that does not qualify as an ADU pursuant to the City Code or Government Code section 65852.2 et seq.
(d) Service Line Extension. Developers shall be responsible for installing the sewer distribution mains, and also the sewer service line laterals stubbed out to the Property line, pursuant to the Zacharias Project Agreement. The location of the sewer lateral shall be subject to mutual agreement of City and Property Owner, in the interest of convenience and cost to Property Owner. Property Owner shall be responsible for the costs of the service line inside the Property line.
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7. Wells and Septic Systems.
(a) Continued Use. At all times prior to connecting to the City water or sewer systems, Property Owner shall be allowed to continue use of existing water wells and septic systems on the Property. Use, operation, destruction, and abandonment of wells and septic systems shall be subject to all applicable city, county, and state permits and requirements. (b) Wells. If the existing well on the Property fails, Property Owner will have the option of repairing or replacing the well. If Property Owner desires to keep the existing water well after connecting to City’s water system, a back-flow prevention device will be required adjacent to City’s water meter and a water meter will need to be installed at the well to monitor well water use, all at Property Owner’s sole cost and expense. (c) Septic System. If the septic system on the Property fails, Property Owner will have the option of repairing or replacing the septic system. At such time that the Property is connected to the City sewer system, Property Owner at its expense shall be required to abandon and destroy all septic systems on the Property in accordance with Stanislaus County regulations and requirements.
8. Sound Wall. Developers will be required to construct a sound wall along the easterly paseo described in the Master Plan, pursuant to the Zacharias Project Agreement. The following standards and conditions shall apply to the sound wall:
(a) City shall determine the design and materials of the sound wall. This shall include a CMU block wall, brick, or other type of durable material. (b) The height of the sound wall shall be at least seven (7) feet. (c) The sound wall shall extend along the entire paseo, from the northern boundary to the southern boundary of the Master Plan.
(d) Construction of the sound wall shall occur as the parcels adjacent to the Ivy Rose Area develop and the undergrounding of the irrigation canal. No provision contained herein shall be construed to require undergrounding of the irrigation canal segment extending south of the adjacent Master Plan area, as indicated in Exhibit B attached hereto. (e) The sound wall may require designated access points, as to be determined by City in cooperation with the Patterson Irrigation District ("PID"). Man-doors shall be installed along the sound wall, as may be required by PID for operation and delivery of irrigation water. The purpose of this condition is to provide PID with adequate access to
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operate and maintain its canal. Property Owner agrees to provide PID with access through the Property, as may be required to operate and maintain the canal. (f) In the event of future subdivision or development of the Property, City in its sole discretion may require removal of the sound wall at the expense of Property Owner. (g) If Property Owner causes damage to the sound wall, Property Owner shall be responsible for restoring the sound wall to its prior condition. (h) Upon future development of the Property, City shall have the discretion to determine the access points and pathways leading to the paseo. City shall not be obligated to allow direct access to the paseo from the Property.
(i) Property Owner agrees to provide City and Developers with access to the Property, as may be necessary to construct and maintain the sound wall. Concurrent with execution of this Agreement, Property Owner shall execute a Right of Access Agreement in a form substantially similar to Exhibit D attached hereto (“Access Agreement”). City shall record the Access Agreement on the title to the Property with the Stanislaus County Recorder’s Office.
(j) In the event the sound wall is located on the Property (as to be determined by City), Property Owner agrees to provide an easement for the benefit of City, to allow City and City’s agents to use, access, and maintain the sound wall. The easement shall be in a form approved by City and recorded with the Stanislaus County Recorder’s Office.
9. Circulation. As described in the Master Plan, Rose Avenue and Ivy Avenue are not contemplated to be designed for vehicular traffic through the paseo, except as may be necessary for emergency access. City may require vehicular access through Rose Avenue and Ivy Avenue in the future, depending on future development of the Ivy Rose Area in the Zacharias Project.
10. Application to City. Connection to City’s water and sewer systems shall require an application submitted to City, in accordance with the time limits and terms provided in this Agreement.
11. Improvements Subject to City Standards. All water and sewer improvements described herein shall be constructed in accordance with City standards and improvement plans approved by City. All water and sewer improvements described herein shall be subject to inspection and testing by City, as may be required by City.
12. Administration. The City Manager or his or her designee is responsible for the interpretation and administration of the provisions of this Agreement. Should a
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disagreement arise between the Parties with respect to the interpretation or administration of any provision of this Agreement, such decision may be appealed to the City Council within fifteen (15) days of the City Manager's decision.
13. Termination. This Agreement shall expire after thirty (30) years, commencing on the date of formal annexation of the Master Plan Area into City limits (“Term”). Upon termination of this Agreement, the benefits provided herein shall expire and Property Owner shall be subject to all requirements of the City Code.
14. Covenant Running with the Land. This Agreement is an instrument affecting title to the Property described in Exhibit A attached hereto. Upon execution, City shall record this Agreement with the Stanislaus County Recorder’s Office. All terms, covenants, and conditions contained herein shall run with the land and be binding on all parties having or acquiring any legal title or interest in the lands described in Exhibit A or any part thereof.
Property Owner shall provide successors to any part of the Property with a copy of this Agreement. The failure of Property Owner to provide a copy of this Agreement to any successor to any part of the Property shall in no way affect the rights of City to require performance of the obligations under this Agreement.
15. Notices. Any notice or other communication required or permitted hereunder shall be in writing and shall conclusively be deemed to have been given upon the date it is: (i) enclosed in a sealed envelope addressed to the Party to whom it is intended and deposited in the United States Mail with adequate postage and postmarked; (ii) personally delivered to the office or residence of the intended Party; or (iii) sent through other commercially reasonable means, such as overnight delivery by a reputable courier company. The addresses of the Parties for all notices and communications shall be as follows, unless updated in writing by the requesting Party. City shall require proof of ownership of the Property to consider such change effective.
CITY: City of Patterson
City Hall
1 Plaza Cir.
Patterson, CA 95363
ATTN: City Clerk and City Manager
with copies to: City of Patterson
City Hall
1 Plaza Cir.
Patterson, CA 95363
ATTN: City Engineer
WATER AND SEWER CONNECTION AGREEMENT
Ivy Rose Area
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White Brenner LLP
1414 K Street, Third Floor
Sacramento, California 95814
ATTN: Nubia I. Goldstein, Esq.
PROPERTY OWNER:
with copy to:
16. Exhibits. The following Exhibits are hereby incorporated and made part of this Agreement:
Exhibit A: Legal Description of Property
Exhibit B: Depiction of Ivy Rose Area
Exhibit C: City Agreement with Developers of Zacharias Project Exhibit D: Right of Access Agreement
17. General Provisions.
(a) Recitals. The Recitals above are hereby incorporated and made part of this Agreement. In the event of any conflict between the Recitals and provisions contained herein, the provisions shall govern.
(b) Entire Agreement. This Agreement constitutes the entire understanding and agreement between City and Property Owner with respect to the subject matter hereof. (c) Waiver. The waiver by any Party of a term, condition, or breach under this Agreement does not constitute a continuing waiver or the waiver of a subsequent breach of the same. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.
(d) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument.
(e) Authority. Each Party certifies that he or she is the owner of the applicable parcels subject to this Agreement and is authorized to execute this Agreement, or is otherwise authorized to obligate the Party on whose behalf such signature is made.
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(f) Severability. If any term, provision, covenant, or condition set forth in this Agreement is held by the final judgment of a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions, covenants, and conditions shall continue in full force and effect, to the extent that the basic intent of the Parties as expressed herein can be accomplished.
(g) Amendments. All amendments to this Agreement shall be in writing and must be signed by all Parties. Nothing herein shall prevent the Parties hereto from amending this Agreement subject to mutual agreement.
(h) Captions. The captions of the various sections in this Agreement are for convenience only and shall not be deemed to define, limit, or construe the contents of such sections.
(i) Calendar Days. All references in this Agreement to a certain number of days will be deemed to mean calendar days, unless stated otherwise. (j) Attorney Fees. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, each Party shall be responsible for their own attorneys’ fees.
(k) Interpretation. The Parties agree that in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption shall arise favoring or disfavoring any Party by virtue of the authorship of any provisions of this Agreement.
(l) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for all legal proceedings related to this Agreement shall be in the Superior Court of California, County of Stanislaus.
[Signatures on following page]
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Ivy Rose Area
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the dates set forth below.
CITY OF PATTERSON: PROPERTY OWNER:
By: By:
Ken Irwin, City Manager
Print: _________________________
Date: Date:
ATTEST:
Aracely Alegre, City Clerk
APPROVED AS TO FORM:
Nubia I. Goldstein, City Attorney
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EXHIBIT A
Legal Description of Property
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EXHIBIT B
Ivy Rose Area
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EXHIBIT C
City Agreement with Developers of the Zacharias Project {CW136539.15}
EXHIBIT D
Right of Access Agreement