RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)
IRREVOCABLE AGREEMENT TO ANNEX
No. 2024-378
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement”), is entered into this 17th day of January, 2024; by and between DeBarros Family Revocable Trust, dated February 18, 2021, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”.
RECITALS:
WHEREAS, OWNER holds title to the one parcel, APN 0265-191-15-0000, located at 4694 North F Street, San Bernardino, California, and parcel is further described as follows:
T H E S O U T H ½ O F T H E S O U T H 1 / 3 O F T H E N O R T H 3 / 5 O F L O T 1 , A R R O W H E A D S U B U R B A N F A R M S , A S P E R P L A T R E C O R D E D I N B O O K 2 1 , P A G E 2 O F M A P S , R E C O R D S O F S A I D C O U N T Y .
A P N # 0 2 6 5 - 1 9 1 - 1 5 - 0 - 0 0 0
WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon t h e OWNER, heirs, successors and assigns.
NOW, THEREFORE, the Parties hereto agree as follows:
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375LAFCO SC # _____ SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system.
f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successors failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement.
SECTION II CITY AGREES:
a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits.
SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375LAFCO SC # _____
SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above.
CITY OF SAN BERNARDINO
Approved By:
OWNER
__________________________________ _______________________________ Charles A. Montoya DeBarros Family Revocable Trust, dated City Manager February 18, 2021
______ _Marcello M. DeBarros_______
Name
__________________________________
City Attorney
_______________________________
Signature
Attested By:
____
Name
__________________________________
Genoveva Rocha
CMC, City Clerk
IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375LAFCO SC # _____
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 California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
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), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
WITNESS my hand and official seal.
Signature (Seal) IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375LAFCO SC # _____
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 California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
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), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
WITNESS my hand and official seal.
Signature (Seal)