(4)AR 021511 Extra Territorial Sewer Service Agreement

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NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties hereby agree as follows: SECTION 1. RECITALS. The above recitals are incorporated herein by reference. SECTION 2. LEGAL DESCRIPTION. Property (APN# 027416106) is located outside the City's boundaries as more fully described in Exhibit "A", attached hereto. SECTION 3. CONNECTION. Property shall be connected to City's public sewer main line, the terms of which shall be provided for in a separate agreement between the City and Property Owner, upon approval of extra -territorial service agreement by the San Bernardino Local Agency Formation Commission (LAFCO) pursuant to California Government Code, Section 56133. SECTION 4. IRREVOCABLE CONSENT TO ANNEXATION. Property Owner hereby irrevocable consents to the annexation of Property to the City. Property Owner agrees to covenant for themselves, their agents, employees, contractors, heirs, successors and assigns who obtain title to the Property ("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. Owners and their Successors shall cooperate in every reasonable way with the requests of the City, LAFCO or any other public agency in any proceedings to annex the Property to the City. The Property Owner and the Successors' cooperation shall include, but not be limited to, the filingof all necessary applications, petitions, plans, drawings and any other documentation or information required by the City, LAFCO or other public agency at Property Owner's sole cost and expense. SECTION 5. NO REQUIREMENT TO ANNEX. The City shall not have any obligation to annex the Property to the City at any particular time, or at all. The City shall retain, in its sole and absolute discretion, the right to annex the Property when and if the City believes it is appropriate. SECTION 6. PROPERTY OWNER'S ADDITIONAL AGREEMENT WITH CITY. Property Owner and the City will enter into a separate agreement providing for the payment of all applicable fees, including but not limited to, an agreement processing fee, an extra -territorial acreage fee, a monthly sewer service fee and a capacity and saddle fee. If Property Owner wishes to commence proceedings to annex Property to the City, other fees, including those fees which may be imposed by the Local Agency Formation Commission and the City, shall be imposed. SECTION 7. CITY OBLIGATION. The City shall accept sewage from Property into City's sewer lines when Property is connected to the City's sanitary sewer. SECTION 8. POLICY. The intent and purpose of this Agreement is for Property to enjoy the same benefits and be subject to the same obligations and restrictions as a property located within the City boundaries which receives sewer service. Therefore, Property and the discharge of sewage from Property into the City's sanitary sewer shall