HomeMy WebLinkAboutMendocino County Local Agency Formation Commission (LAFCO) 05-15-910
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JKIAH, CA 95482 ■ ADMIN. 707/463-6200 ® POLICE 463-6242 ® FIRE 463-6274
June 6, 1991
Penny Black, Administrative Assistant
Local Agency Formation Commission
Administrative Office
Mendocino County Courthouse
Ukiah, California 95482
Dear Penny:
Enclosed is the one original executed contract agreement to
condition No. 5 of the Ukiah Valley Fire Protection District
Annexation, which was approved by the City Council at their
regular meeting of June 5, 1991. At that meeting the Mayor was
authorized to sign the agreement on behalf of the City of Ukiah.
This document with original signatures was brought to me for
execution by UVFPD Fire Chief Marvin Howard. Please note
there are no typed names on the signature lines in this
document, except Mayor Henderson's, of which I took the liberty
of inserting.
Please provide me a copy of the agreement when fully executed.
my
ri;,r yours,
City clerk
CM
enclosure
COUNTY OF MENDOCINO
LOCAL AGENCY FORMATION COMMISSION
ADMINISTRATIVE OFFICE COURTHOUSE
UKIAH, CALIFORNIA 95482 ECEIb ED
(707) 4634470 MAY 16 pEC'p
May 15, 1991 -UKWj VALLEY
faRE D18'rR,c7-
TO: Ukiah Valley Fire District,:Marvin Howard, Chief..
City of Ukiah; Chuck Rough, City Manager
Zam Enterprises, Brian Rasmussen
Vichy Springs Resort, Gilbert Ashoff
From: Mary Spangler, Executive Officer
RE: Contract Agreement For Ukiah valley ire istrict
Annexation - Condition No. 5 of Resolution N 91-4A
Gentlemen:
LAFCO's action of April 1, 1991, conditionally approved the Ukiah
Valley Fire District Annexation pursuant to LAFCO Resolution No.
91-4A (Exhibit A). At the Public Hearing, it was the consensus of
the parties involved with Condition No. 5, regarding the inclusion
of the Vichy Springs Area, to agree as follows:
The Ukiah Valley Fire District (District) shall retain the
Vichy Springs Area in its revised District boundary. ' The
District, City of Ukiah, (City) and the property .owner(s)
(Vichy Springs Resort, Zam Enterprises) agree to continued
fire service delivery in this area by the City, under the
current contract terms and conditions (Exhibit B). The
District will not serve this area as long as the contract is
in force, and therefore will not include this area in their
benefit assessment process (Note Condition No. 7 of Exhibit
A). In the event of cancellation or termination of the
existing contract between the City and the owner(s), the
District shall provide service to the area and assess the area
accordingly.
Please indicate your agreement to Condition No. 5 as stated above,
by having your agency's authorized representative sign in the
appropriate signature block and then forward the agreement onto the
next party. The last party to sign should forward the completed
agreement to the LAFCO Office for final signature by the Chairman
of the Commission. Once the agreement has been fully executed, all
parties will be sent a copy for their records.
Thank you in advance for your prompt attention to this matter.
MS: PI)
enc
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Ukiah Valley fire District
Contract Agreement - Condition #5,'Reso. #91-4A
5/15/91
Page 2
U fah Valley Fire District Date
hairman.
2 June 6, 1991
ty oDate
mayor Col erson 'Date
"fib',i7 6VAP MkC Date
LAFCO Chairman Date
Approved as to form:
Yves Herbert
County Counsel
Date
A
RECEIVED
CITY OF UKIAH
W 16 1991
COUNTY OF MENDOCINO
LOCAL AGENCY FORMATION COMMISSION
ADMINISTRATIVE OFFICE COURTHOUSE
UKIAH, CALIFORNIA 95482
(707) 463-4470
May 15, 1991
City of Ukiah
Cathy McKay, City Clerk
300 Seminary Ave.
Ukiah, CA 95482
CITY CLERK DEPARTMENT
Ukiah Valley Fire District Annexation
RE: Contract Agreement For
Dear Cathy:
Enclosed please find a copy of the original agreement that is being
c agencies. I am forwarding this copy to
circulated to the various Council city you in the event that this
be sent toeyouabydGilbert Ashoff after
Agenda. The original will lease call me.
he has signed it. If you have any questions p
Sincerely,
Penny Black
Administrative Assistant
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P.M.
Cl1N 61
COUNTY OF MENDOCINO
LOCAL AGENCY FORMATION COMMISSION
ADMINISTRATIVE OFFICE COURTHOUSE
UKIAH, CALIFORNIA 95482
(707) 4634470
May.l5, 1991
TO: Ukiah Valley Fire District,:Marvin Howard, Chief..
City of Ukiah; Chuck Rough, City Manager
Zam Enterprises, Brian Rasmussen
Vichy Springs Resort, Gilbert Ashoff
From: Mary Spangler,'Executive Officer
For Ukiah Val ire istrict
RE. Contract Agreement:
Annexation - Condition No. 5 of Resolution N 91-4A
Gentlemen:
LAFCO's action of April 1, 1991, conditionally approved the Ukiah
Valley Fire District Annexation pursuant to LAFCO Resolution No.
91-4A (Exhibit A). At the Public Hearing, it was the consensus of
the parties involved with Condition No. 5, regarding the inclusion
of the Vichy Springs Area, to agree as follows:
The Ukiah Valley Fire District (District) shall retain the
Vichy Springs Area in its revised District boundary. The
District, City of Ukiah, (City) and the property owner(s)
(Vichy Springs Resort, Zam Enterprises) agree to continued
fire service delivery in.this area by the City, under the
current contract terms and conditions (Exhibit B). The
District will not serve this area as long as the contract is
in force, and therefore will not include this area in their
benefit assessment process (Note Condition No. 7 of Exhibit
A). In the event of cancellation or termination of the
existing contract between the City and the owner(s), the
District shall provide service to the area and assess the area
accordingly.
Please indicate your agreement to Condition No. 5 as stated above,
by having your agency's authorized representative sign in the
appropriate signature block and then forward the agreement onto the
next party. The last party to sign should, forward the completed
agreement to the LAFCO Office for final signature by the Chairman
of the Commission. Once the agreement has been fully executed, all
parties will be sent a copy for their records.
Thank you in advance for your prompt attention to this matter.
MS:pb
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Ukiah Valley fire District
Contract Agreement - Condition #5, Reso. #91-4A
5/15/91
Page -2
Ukiah Valley Fire District Date
Chairman
City of Ukiah Date
Mayor
Vichy Springs Date
Date
Zam Enterprises
LAFCO Chairman Date
Approved as to form:
Date
Yves Herbert
County Counsel
EXHIBIT A
AMENDING RESOLUTION N0:.91-4
RESOLUTION N0. 91-4A
" RESOLUTION'OF THE MENDOCINO COUNTY-LOCAL AGENCY FORMATION--
COMMISSION MAKING DETERMINATIONS AND-APPROVING THE.
UKIAH VALLEY FIRE DISTRICT'-ANNEXATION
WHEREAS, a proposal for the proposed Ukiah Valley Fire District
annexation t:exttm
has been filed with the Executive Officer of t is Local Agency
Formation Commission pursuant to Title 5, Division 3, commencing
with Section 56000 of the Government 'Code; and,
WHEREAS, the Executive Officer has reviewed the proposal and
prepared a report having been presented to, and considered by
this Commission; and,
WHEREAS,.it has been determined to the satisfaction of this
Commission that all owners of land included in the proposal
consent to this annexation; and,
WHEREAS, this Commission called for and held a public
hearing on the proposal on April 1 , 1991 and at the
hearing this Commission heard and received all oral and written
protests, objections and evidence which were made, presented or
filed, and all persons present were given an opportunity to hear
and be heard with respect to this proposal and the report of the
Executive Officer.
NOW, THEREFORE, the Mendocino County Local Agency Formation
Commission DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1. The proposal, being identified in the files of the
Mendocino County Local Agency Formation Commission as File No. 90-6
be and the same is hereby-approved/ i N subject to the
following .conditions and terms:
See Attached Page
L-88-16
v
2. The boundaties-, As . set forth-in, the.; proposal, are.
hereby approved. .
3. The •territory:incl.Udes..`25,350.4 'acres, and" s found. to
be ~t hate inhabited, and iassg-ned-the. distinctive.: short
:<;Y::: }4
for
designation r'bkialiVa eyY Fire :Di strict.:Ant►exatiow, File `.1~9Q-6' . .
The Ukiah Vaiiey'Fire,bistrict
is designate as the *con uct ng authority an i6-hereby
authorized-to-conduct subsequent proceedings '.in..compliance* with
this resolution.
5. The Executive Officer is hereby - authorized"arid'directed
to mail 'certified copies of. this resolution as provided-in.
Section' 56853. of the .Government .Code:,,
ADOPTION of this Resolution was moved by-Commissioner
Schneiter , seconded by Commissioner Alfano' , and
carried on this 1st day of April , 19 91, by the "fool iw ng roll
call vote:
AYES: Commissioners Alfano, Schneiter, Wasserman, de Vall & Redding
NOES: None
ABSENT: None
ABSTAIN: None
WHEREUPON, the Chairman declared the Resolution adopted, AND
SO ORDERED.
Chairman
ATTEST:
MARY SPANGLER, Executive Officer
STATE. OF CALIFORNIA, Cotunty of Mendocino
By Mary Spangler. , Executive Officer, Local 'Agency
Format on Commission•in and for the County of Mendocino, State
of California, do hereby certify the foregoing to be.a full, true
and correct copy of an order. made by the Local Agency Formation
Commission as the same appears spread.upon their minute book.
CERTIFIED Copy
This document is hereby certified Execute fi er
to be an accurate copy of a .
document of file in the LAFCO office
11,Iry Spangler ecutive Officer
CON ITTTONS OF APPROVAL
31~TAH` VAT_FIRF DISTRICT 'ANNEXATION FILE1 ~
ear ~to-::be
1.: -Extension of services to -the proposed-areas, app
logical as service is already .being;.. delivered=..by'?the
UVFD.
2. Accept the-Categorical Exemption adopted-by the-.District
and file-.with the County -Clerk.
3.. Adjust-District annexation boundaries to, meet -the'-current
adopted • Sphere of influence boundaries -with'. no overlap
into the Hopland Public Utility District's Sphere of
Influence....
4. Adjust map and legal description to comply with #3 above
to the satisfaction of the County Surveyor prior to
action by the Conducting Authority.
5. The City of Ukiah will continue to provide fire
protection service under its existing contract with Vichy
Springs Investors Group and the latter's successor in
interest; and the Ukiah Valley Fire District will not
provide service to the Vichy Springs area as long as such
existing contract is in effect, and will not include this
area in the assessment process; and the Ukiah Valley fire
District will provide service to the Vichy Springs area
and assess accordingly only after the expiration of such
its
existing contract or its earlier cancellation by
parties. In such event, the Ukiah Valley Fire District
shall notify in writing the Local Agency Formation
Commission of commencement of service to the Vichy
Springs area.
6. Designate the UVFD as the Conducting Authority to conduct
further proceedings pursuant to Government Code Section
57000 et. seq., and to hold a protest hearing for the
benefit assessment within 90 days from action of the
Commission.
7. The application will be held by the Executive officer
until the results of the benefit assessment hearing
conducted by the District are determined re o be
not
successful. If the results of the hearing a
successful, the annexation shall not be filed as
complete.
Exhibit B /R
May 20, 1988
The Parties understand that no fire protection will be provided until security
required in le, of the "Agreement for Fire Protection Services" has been
satisfied.
Vichy Springs Community Home
Owners Association
e Shoff, President
AGREEMENT FOR FIRE PROTECTION SERVICES
/h
This Agreement is entered this & day of , 1987, in
the City of Ukiah, County of Mendocino, by and between Vichy
Springs Investors' Group (hereafter, "Developer"), a limited
partnership duly and lawfully organized and existing under and in
compliance with the laws of the State of California, the owner of
that certain property known as Mendocino County Assessor Parcel
Numbers 178-210-03 (hereafter, "the Subdivision") and 189-040-01,
189-010-07 and 178-210-0:2 (hereafter, "the Resort"), collectively a:
referred to as "the Property" and more particularly described in
the attached Exhibit A which is incorporated herein by reference
as though set forth in full, the Vichy Springs Community Homes
Association (hereafter, "Association"), a non-profit corporation,
organized and existing under and in compliance with the laws of
the State of California, and the City of Ukiah (hereafter,
"City"), a general law municipal corporation.
RECITALS:
WHEREAS, Developer owns the Subdivision which is the
subject of a Use Permit No. 28-85 issued by the County of glen-
docino-and a Development Agreement, dated March 18, 1986 and re-
corded with the Mendocino County Recorder in Book 1550,. page 699,
with the County of Mendocino under the terms of which the
Property may be subdivided and developed as a residential sub-
July 9, 1987
1
division. containing a maximum of 250 parcels on which a maximum
of 250 single family residences, condominiums and/or other dwell-
ings and related facilities can be constructed; and
WHEREAS, Use Permit No. 28-85 and the Development Agreement
require Developer to provide or arrange for adequate fire preven-
tion and protection services for the Subdivision; and.
WHEREAS, the City owns and maintains a fire department with
the capacity to provide fire prevention and protection services
to the Property, including the Subdivision provided the Property
is developed and maintained in conformity with -the Uniform Fire
Code and sound fire prevention practices and standards; and
WHEREAS, the City has the legal capacity to provide fire
prevention and protection services outside the corporate city
limits; and
WHEREAS, Developer and Association desire to secure City
fire prevention and protection services for the Property and the
future inhabitants of the Subdivision and to comply with the
provisions of the Use Permit and Development Agreement requiring
Developer to secure these services as a condition of filing ten-
tative and final subdivision maps for the Subdivision; and
WHEREAS, Developer represents that it owns legal title
and has the legal capacity to enter agreements affecting the
Property and subsequent. purchasers of the Property or portions
thereof;
AGREEMENT:
r
July 9, 1987
2
In consideration of the above-recited facts the parties
hereby agree as follows.
1. Fire Prevention services. Fire prevention. services in-
clude all of those activities normally performed by the City Fire
Marshal and/or other appropriate City officials to assure condi-
tions that minimize the risk and severity of fires, including,
but not limited to, enforcement of fire codes and codes related
to fire safety, and the review of development plans, including
tentative subdivision maps, parcel maps, use permits and building
and site plans to insure the adequate design and placement of
roads, bridges, water systems, hydrants, and related infrastruc-
ture and facilities.
a. City obligations. City shall provide the same level
of fire prevention services to the Property as it provides within
the City limits.
b. Developer and Owner obligations. Developer agrees
to include in each deed conveying any interest in the Property or
any portion thereof legally enforceable covenants running with
the land in favor of the City that require every property owner
to secure review by.the City of any subdivision maps or building
plans:, subject to a building permit under the Uniform Building
Code to insure compliance with the fire regulations and or-
dinances•adopted -from time to time by the City and.that require
every property owner to comply with the fire regulations and or-
dinances adopted from time to time by the City Council of the
July 9, 1987 '
3
City of Ukiah in the use of their property, during such time as
this Agreement remains in effect. Developer further agrees to
execute the standard City annexation agreement-as a further
covenant. running with the land, consenting to annexation at any
future time that the City seeks to annex the Subdivision;
provided, however, that said annexation agreement shall not be
enforceable against Developer or its successors, if, but only. if,
the City-terminates this Agreement for reasons other than the
default of the Developer, the Association or their successors or
assigns. Nothing in this paragraph lb shall prevent open burning
on the Resort with the prior written approval of the City of
Ukiah Fire Chief, such approval not to be unreasonably witheld.
Association obliaations. Assoclaziuii aq--w,
c.
adopt rules binding on its members that require compliance with
the conditions described in paragraph lb above. These rules
shall require every Association member'to reimburse the Associa-
tion for any liquidated damages the Association -is required to
pay under paragraph ld below.
d. Liquidated damages. The parties recognize that
violations of City established fire codes and regulations in-
crease-the.risk and severity of fires and, therefore, the cost to
the City of responding to fires within the Property. The exact
amount..ofIthis increased cost and damage to,the City-is difficult
to estimate. In lieu of actual damages, therefore, the parties
agree that Association shall pay to City for each violation by an
July 9, 1987 4
Association member of the City's duly enacted fire regulations or
codes designed to reduce the risk and severity of fires liqui-
dated damages of $500. The Association shall maintain on file
with the City fire department a current list of.Associat ion mem-
bers, including each member's correct name, address and telephone
number. To recover its liquidated damages.the City shall provide
the Association and the alleged violator written notice of the
violation, including the name of the violator, the nature of and
code reference for the violation, the date, location and cir-
cumstances of the violation and the names of any witnesses to the
violation. If the Association or the violator disputes that the
violation occurred, they shall within 10 days of their receipt of
the notice, file a written appeal with the City Clerk. The City
Council will hear the appeal at its next regularly scheduled
meeting occurring more than five (5) days following receipt of
the appeal. The parties shall have the right to present evidence
or argument at the hearing on the appeal and the Council shall
base its decision on the evidence presented. The Council shall.
have discretion to reduce or suspend the amount of damages it-is
entitled.to collect under this paragraph as it shall determine,
in its sole discretion, may be appropriate. The.Council's deci-
sion shall be final and binding on-the parties.
e. cash bond. In order to avoid the expense and incon-
venience of collecting liquidated damages authorized in paragraph
Id above the Association shall deposit with the City Treasurer a
July 9, 1987
5
cash bond or letter of credit of $1000 which the City may charge
if it is found entitled to liquidated damages under this Agree-
ment. If ubing a cash bond, the Association shall maintain the.
bond at-the stated amount, depositing such additional funds from
time to time as is necessary to do so. The City's obligation to
provide services under this Agreement is specifically conditioned
on the Association maintaining the cash bond or letter of credit
at the stated amount.
f. Remedies cumulative. The liquidated damages provi-
sions of this Agreement are in addition to any other remedies at
law or in equity that the City may have to enforce the terms of
this Agreement.
2. Fire protection services. Fire protection services mean
responses to emergencies, including medical aid emergencies to
which the City fire department normally responds within the City,
limits. The City will provide the same level of fire protection
services to the Property that it provides within the City limits,
allowing for any additional response time occasioned by the
greater distance between the City fire station and the Property.
The City specifically reserves the right to change the level of
fire protection services it normally provides within City limits
and its obligations under this agreement shall only include that
level, of',service. -provided by the City within City limits as that
level may change from time to time.
July 9, 1987
6.
a. Capital improvement fee. Thirty (30) days from the
date that the first final resubdivision map is recorded for the
Property following the effective date of this Agreement or by
July 1, 1988, whichever occurs first, and annually thereafter for
a total period of three (3) years the Association shall pay the
City capital improvement fees as follows:
1. Five thousand dollars ($5000) or a total of
fifteen thousand dollars ($15,000) for the three year period; or
2. The Developer may elect prior to construction
of any new structures within the Subdivision to install automated
sprinkler systems in all new structures intended for human oc-
cupancy within the Subdivision. In that event the Association
shall pay twenty-five hundred dollars ($2500) per year for three
years or a total of seven thousand five hundred dollars ($7,500).
If electing this option the Developer must provide the City with
written notice of the election prior to submitting building
plans for approval. If, at any time after making the election
authorized by this subparagraph, Developer,- their successors or
assigns or Association or its successors or assigns submit plans
for the Subdivision that do not include provision for automated
sprinkler systems or construct housing units within the Subdivi-
sion that do not.include approved. automated sprinkler systems,
the City may, on. that basis, refuse t-o approve such plans,. and•-
require immediate payment of the full capital improvement fee of
fifteen thousand dollars ($15,000) provided in subparagraph 1 for
July 16, 1987
7
fifteen thousand dollars ($15,000) provided in subparagraph 1 for
which the Developer and Association or their successors or as-
signs shall be jointly and severally liable. Such failure shall
also be deemed to be' a material breach of- this Agreement and the
City shall have such other and further remedies as are provided
by law for a material breach of the Agreement.
b. Fire prevention and protection fees..On July 1 each
year after the effective date of this Agreement the Association
and the Developer shall pay City an annual fire prevention and
protection fee ("annual fee") based on the Units of Benefit
Table which is attached hereto as Exhibit C and incorporated
herein by reference as though set forth in full. On the ettec-
tive date of this Agreement the annual fee is twenty-five dollars
($25) per unit. Exhibit C shall assign unit values for all types
of structures currently planned for construction on the Property
and for cost-of-providing-service increases in the per unit
charges. Exhibit C will also require further agreement of the
parties for the unit value of structures proposed for construc-
tion in the future that are not currently within the contempla-
tion of the parties and specifically included in Exhibit C. The
annual fee shall be based on the number of building permits
issued as of December 31 preceding the July 1 payment date for
the construction on the Property of structures identified in-Ex
hibit C , and.for the Resort based on the existing buildings as
e,
well as on the number of issued building permits, but in no
July 15, 1987
8 '
event shall the annual fee in combination with the capital im-
provement fee or any, other fees authorized under this Agreement
be less.than four thousand dollars ($4000) soalong as fire
prevention or protection services are provided to all or. any por-
tion of the Property. In no event shall the City be obligated to
provide any fire prevention or protection services unless or un-
til the City has received the minimum annual payment under this
paragraph.
4. Term. This Agreement shall continue in full force and
effect unless and until either the City or the Association gives
written notice of termination to the other party. The Agreement
shall terminate with respect to the Property three (3) years from
the date notice of termination is given under this paragraph.
The Developer or their successors or assigns shall have no
separate right to terminate this Agreement with respect to the
Resort. This Agreement shall automatically terminate, if at any
time in the future the Subdivision is annexed into the Ukiah City
limits. Termination on account of annexation shall occur, when
the annexation becomes final.
5. Termination. In the event any'party'hereto fails to
perform the obligations imposed by this Agreement at the time and
in the manner required, such party shall.be deemed in default of
the Agreement'. If such default is not cured within sixty .(60)
days after receipt-by the party in default of written notice of
default from the other party or parties to the Agreement, the
.
July 15, 1987
9
non-breaching party or partie.s may terminate the Agreement
forthwith. Notice of default shall specify the nature of the
breach and those steps necessary to cure the breach. The Agree-
ment shall be deemed terminated, if the breach is not cured
within sixty (60) days of notice of default, upon giving a notice
of termination under this paragraph. The City 'shall have no
liability whatsoever to Developer or the Association based on its
decision to terminate this Agreement or its inability to perform
its obligations under this Agreement, except as provided in
paragraph 6. The City shall have the right to terminate this
Agreement upon ninety (90) days prior notice, if it determines at
any time that it is financially unable to provide the services
authorized in the Agreement for the fees provided herein. If.
electing to terminate for financial reasons, the City shall
provide the Association, the Developer or their successors with
financial reports or other written data upon which the determina-
tion was made.
6. Liability. Nothing contained in this Agreement is in-
tended to impose or imposes any greater liability on the City,
its Fire Department or any officer, agent or employee of any of.
them for damages arising, out of the provision of fire prevention
or protection. services under this Agreement, than would exist
under state statutory and decisional law in the absence. of this.
Agreement. The Association on its own behalf and on behalf`of
its members and the Developer on its own behalf and on behalf of
July 15, 1987
10
its heirs, assigns or successors in interest hereby expressly.
waive any claims for damages they might otherwise have against
the City or any of. its departments, officers, agents or
employees, arising out of. the provision of services under this
Agreement based on this Agreement or any express.or implied war-
ranties.
7. Notice. Whenever any party is required to give notice
under this Agreement, the notice must be in writing and, unless
otherwise specifically provided herein, shall be deemed given
when personally delivered or deposited in the U.S. Mail with
proper postage affixed and addressed as follows:
City of Ukiah
C/o City Manager
203 S. School Street
Ukiah, California 95482
Developer:
Vichy Springs Group
2605 Vichy Springs Rd.
Ukiah, California 95482
Homeowners Association
Vichy Springs Group
2605 Vichy Springs Rd.
Ukiah, California 95482
Any. party to this Agreement may specify a new address by giving
notice'as provided in this paragraph.
8. Entire Agreement. The parties warrant and represent
that no.promise, inducement, or agreement not expressed herein
has been made to them, either individually or collectively, in
July 15, 1987
11
connection with this Agreement, and that this Agreement con-
stitutes the entire agreement between the parties. Any and all
existing statements or agreements, whether written or oral, be
tween -the parties are hereby canceled and superseded. by this
Agreement. It is expressly understood and agreed that this
Agreement may not be altered, amended, modified, or otherwise
changed in any respect whatsoever except by a writing duly ex-
ecuted by authorized representatives of the parties hereto.
9. Severabilit_y. Should any provision of this Agreement
be held invalid and illegal, such illegality shall not invalidate
the whole of this Agreement, but, rather, the Agreement shall be
construed as if it did not contain the illegal part, and the
rights and obligations of the parties shall be construed and en-
forced accordingly.
10. Paragraph headingS, The paragraph headings contained
herein are for convenience and reference only and are not in-
tended to define or limit the scope of this Agreement.
11. Waiver. Any waiver by City of a breach of this Agree-
ment by Developer or Association shall not constitute or be
deemed a waiver of any subsequent breach of the Agreement by such
parties.
12. Assigns. The rights and obligations set forth in this'
Agreement shall be binding upon and inure to the benef it of. the
heirs, assigns, successors in interest and personal repre-.
sentatives of the parties.
July 15, 1987 12
.r
13. Duplicate originals. This Agreement may be executed in
one or more duplicate originals bearing the original signature of
both parties and when so executed any such duplicate original
shall be admissible as proof of. the existence and terms of the
Agreement between the parties.
The parties agree to the above terms on the date first writ-
ten above.
VICHY SPRINGS COMMUNITY HOMES
OWNERS ASSOCIATION
By:
G ERT=Pi$H0F , resident
ATTEST: C„ ,
By :
MARJ RI ' /
E ASHO , , Secretary
VICHY SPRINGS INVE ~fGROUP
By. ' -T ASHOFF, General Partner
• `lfuQ
By. MARJORIE ASHOFF, General Partner
CITY GF--UK)TAH
By:
Lo' ~
a
ATTEST:
BY•..
C
July 9, 1987
13
That certain real property situated in the County of Mendocino, State of
California, described as follows:
PARCEL ONE: A parcel of land lying in Lot 97 of Yokayo Rancho described
as follows:
BEGINNING at a point from which a 2 inch iron pipe marked "R6LS2207"
bears South 40°'04' West 589.66 feet distant as shown on that certain map
entitled "Boundaries in Vichy Springs Ranch" filed in Map Case 1, Drawer 7,
page 182, Mendocino County Records; thence from said point of beginning North
40° 28' West 347.51 feet to a point in the centerline of the Vichy Spring
Road; thence following the centerline of said road and the meanders thereof,
Northerly to its intersection with the North line of.Lot 97 of Yokayo Rancho;
thence leaving the centerline of said road and following along the North line
of said Lot 97, North 89° 30' East 29.88 chains to the Northeast corner
thereof; thence following along the East line of said Lot South 0° 25' West
25.76 chains to post Y No. 3; thence South 89° 27'.West.20.65 chains to Post Y
No. 4; thence continuing South 89° 27' West 455.10 feet, more or less, to a
point from which the point of beginning bears North 40° 28' West 764.60 feet
distant; thence North 40° 28' West 764.60 feet to the point of beginning.
ALSO Lots 2, 3, and 4, and the South half of the Northeast quarter and
the Southeast quarter of Section 11; and Lots 1 and 2, Southeast quarter of
the Northwest quarter, Northeast quarter, and the Northeast quarter of the
Southeast quarter of Section 14, Township 15 North, Range 12 West, Mount
Diablo Meridian.
EXCEPTING THEREFROM: that portion thereof conveyed by J. A. Redemeyer et
al to the County of Mendocino, by deed dated September 27, 1937, recorded in
Liber 120 of Official Records, page 28, Mendocino County Records.
PARCEL TWO: BEGINNING at the most Westerly corner of that certain parcel
of land described in deed from Stanley Watson to Arnold Erickson, recorded
September 8, 1948, in Liber 236 of Official Records, page 333, Mendocino
County Records; and as shown on map of Boundaries of Vichy Springs Ranch filed
in Map Case 1, Drawer 7, page 182, Mendocino County Records; thence from said
point of beginning and following along agreed boundary between lands of Watson
and Erickson, South 40° 28' East 1112.11 feet; thence North 89° 27' East,
455.10 feet to Post "Y No. 4", as shown on map of Vichy Spring Ranch filed in
Map Case 1, Drawer 1, page 78, Mendocino County Records; then following along
the Easterly line of Yokayo Rancho South 0° 22' West 993.96 feet to the most
Northerly corner of that certain parcel of land described in deed from
Demetrio Bartolomei et ux to Boni Bartolomei et al, recorded February 18, 1942
in Liber 154 of Official Records, page 167, Mendocino County Records; thence
leaving said Easterly line and following along the Northerly line of said
Bartolomei land South 70° 15' West 2624.16 feet. to the Northwest corner
thereof; thence North 48° 06' West 1180 feet more or less to the centerline of
the Vichy Springs Road, from which.point the Southeast corner of that certain
parcel of land described in deed from Daniele Ancellotti et al to Ponpilio
Garbocci et us, recorded May 10, 1945, in Liber 182 of Official Records, page
453, Mendocino County Records, bears North 48° 06' West; thence Northeasterly
and following the centerline of said road and the meanders thereof to the
point of beginning.
EXHIBIT A
EXHIBIT "C"
UNITS OF BENEFIT
Zero Units
Use Type
Code Description
82 Right-of-way
One Unit
Use Type
Code
Description
00
Vacant/Residential
03
Multiple/Residential
04
Courts
25
Parking Lot
41
Orchard
42
Vineyard
43
Permanent Pasture
44
Row Crops
51
Orchard
52
Vineyard
53
Classified Lands
54
Range
70
Vacant/Institutional
Two Units
Use Type
Code Description'
01. Single Family Resident
05 Mobile Home
10 Vacant/Commercial
21 Trailer Park (2+1 per space)
29 Shipyard
30 Vacant/Industrial
81 Waste Land
Four Units
Use Type
Code Description
15 Service Shop
22 Professional Building
55 Recreational/Residential
76 Orphanages/Boarding School
Three Units
Use Type
,
Code
Description
02
Duplex
06
Recreational Residential
11
Retail Store
12
Retail Store Office Over
13
Office/Nonprofessional
23
Nurseries
28
Newspaper/Radio
71
Church
72
School
75
Rest Home.
79
Recreation/Nonprofit
Five Units
Use.Type
Code Description
17 Service Station
19 Wholesale Outlet
26 Shopping Center
(5+1 per occupancy)
74 Convalescent Hospital
h
+
'Miscellaneous Units
Use Type
Code
Description
14
Restaurants or Bars. (6 units)
16
Hotels/Motels (1/2 unit per rental room)
18
Recreational Theaters/Bowling (7 units)
31
Light Manufacturing (10 units)
32
Heavy Manufacturing (15 units)
.33
Packing Plant (10 units) .
34
Mineral Extraction'(7 units)
35
Warehousing (15 units)
36
Junkyards (10 units)
73
Hospitals (10 units)
85
Utilities (10 units)
Fee Structure:
Increases will be calculated from the 1987 Base rate fee of $25.00 per unit of benefit
times the change in the Consumer Price Index, San Francisco/Oakland, California,
April to April of the preceding year.
When Recorded Return Co Y of Document Recorded
Original to:
City of Ukiah n
300 Seminary Avenue been nepared with Vias Ukiah, CA. 95482 on no Origi al will by returned
original. has been
when processing
c~rnpleted.
COUNTY RECORDER
~E~DOCINO
r
COVENANT RUNNING WITH THE LAND - AGREEMENT TO ANNEX
This Agreement is made and entered into in the City of .
Ukiah, County of Mendocino, State of California, by and between
the City of Ukiah, a Municipal Corporation of the State of
California, hereinafter called "Cityand Vichy Springs
Investor's Group, a limited partnership organized and existing
under the laws 'of the State of California, hereafter called
"Vichy Springs".
WITNESSETH:
WHEREAS, Vichy Springs is the owner of record of land which
is known as Assessor's Parcel No. 178-210-03 and is more par-
ticularly described in the attached Exhibit 'A' which is incor-
porated herein by reference (hereinafter, the "Subdivision"), and
WHEREAS, the parcel is outside the corporate limits of City,
and
WHEREAS, Vichy Springs and the City entered an agreement for
fire prevention and protection services, dated
pursuant to which Vichy Springs agreed to sign an annexation
agreement for the Subdivision; and
WHEREAS, the City has undertaken to provide fire protection
and prevention services to the Subdivision on a long-term con-
tract which will benefit the Subdivision and the property located
within existing City boundaries as long as the City can insure
that development and fire safety practices within the Subdivision
meet City standards for fire safety; and
WHEREAS, enforcement of City fire safety standards within
the Subdivision can most effectively occur if the Subdivision is
annexed within City boundaries; and
WHEREAS, the City has agreed to provide fire prevention and
protection services to the Subdivision in express reliance upon
Vichy Springs agreement that would consent to annexation; and
WHEREAS, these covenants running with the land will benefit
both the Subdivision and the land currently located within City
limits;
NOW, THEREFORE, in consideration of the above-recited facts
and agreements and in reliance thereupon, the parties mutually
agree as follows:
1. On its own behalf and on behalf of any successors, as-
signs, limited or general partners Vichy Springs hereby consents
and agrees that
it or
they
will
petition
for annexation to the
City of Ukiah at
such
time
that
the City
requests same.
It is the intention of the parties that this Agreement
creates covenants running with the Subdivision and its provisions
shall apply to the Subdivision and shall inure to the benefit of
and be binding upon the heirs, assigns, and successors-in-
interest of the Subdivision or any portion thereof.
2. On its own behalf and on behalf of its successors, as-
signs, and limited or general partners Vichy Springs waives any
rights it or they may otherwise have to protest annexation of the
f
ysyh
Subdivision and agree to do any and all things, including the ex-
ecution of any required documents, legally and reasonably neces-
sary to assist in the annexation of the Subdivision of any por-
tion thereof.
3. The acts which Vichy Springs or any successive owner of
all or part of the Subdivision are obligated to perform under
this Agreement benefit the land located within the existing
boundaries of the City and the Subdivision and relate to the
maintenance and improvement of the Subdivision and the payment of
taxes and assessments for such land in that if the Subdivision
were annexed to the City, it would become part of the City sub-
ject to its taxing and assessment jurisdiction.
4. This Agreement shall terminate if, but only if, the City
terminates the Agreement for Fire Protection Services between
Vichy Springs and City, dated April a, 1988, for reasons
other than .a breach of that agreement by Vichy Springs, the Vichy
Springs Community Home Association or their successors or as-
signs. ,7I
IN WITNESS WHEREOF the parties have entered on the ay
of , 1988.
VICHY SPRINGS INV R'S GROUP
BY•
Gil ert Ashoff
General Partner
Mar'or' Ashoff
Gene ~1 Partner
That certain real property situated in the County of Mendocino, State of
California, described as follows:
PARCEL ONE: A parcel of land lying in Lot 97 of Yokayo Rancho described
as follows:
BEGINNING at a point from which a 2 inch iron pipe marked "R6LS2207"
bears South 40° 04' West 589.66 feet distant as shown on that certain map
entitled "Boundaries in Vichy Springs Ranch" filed in Map Case 1, Drawer 7,
page 182, Mendocino County Records; thence from said point of beginning North
40° 28' West 347.51 feet to a point in the centerline of the Vichy Spring
Road; thence following the centerline of said road and the meanders thereof,
Northerly to its intersection with the North line of Lot 97 of Yokayo Rancho;
thence leaving the centerline of said road and following along the North line
of said Lot 97, North 89° 30' East 29.88 chains to the Northeast corner
thereof; thence following along the East line of said Lot South 0° 25' West
25.76 chains to post Y No. 3; thence South 89° 27' West 20.65 chains to Post Y
No. 4; thence continuing South 89° 27' West 455.10 feet, more or less, to a
point from which the point of beginning bears North 40° 28' West 764.60 feet
distant; thence North 40° 28' West 764.60 feet to the point of beginning.
ALSO Lots 2, 3, and 4, and the South half of the Northeast quarter and
the Southeast quarter of Section 11; and Lots 1 and 2, Southeast quarter of
the Northwest quarter, Northeast quarter, and the Northeast quarter of the
Southeast quarter of Section 14, Township 15 North, Range 12 West, Mount
Diablo Meridian.
EXCEPTING THEREFROM: that portion thereof conveyed by J. A. Redemeyer et
al to the County of Mendocino, by deed dated September 27, 1937, recorded in
Liber 120 of Official Records, page 28, Mendocino County Records.
PARCEL TWO: BEGINNING at the most Westerly corner of that certain parcel
of land described in deed from Stanley Watson to Arnold Erickson, recorded
September 8, 1948, in Liber 236 of Official Records, page 333, Mendocino
County Records; and as shown on map of Boundaries of Vichy Springs Ranch filed
in Map Case 1, Drawer 7, page 182, Mendocino County Records; thence from said
point of beginning and following along agreed boundary between lands of Watson
and Erickson, South 40° 28' East 1112.11 feet; thence North 89° 27' East,
455.10 feet.to Post "Y No. 4", as shown on map of Vichy Spring Ranch filed in
Map Case 1, Drawer 1, page 78, Mendocino County Records; then following along
the Easterly line of Yokayo Rancho South 0° 22' West 993.96 feet to the most
Northerly corner of that certain parcel of land described in deed from
Demetrio Bartolomei et ux to Boni Bartolomei et al, recorded February 18, 1942
in Liber 154 of Official Records, page 167, Mendocino County Records; thence
leaving said Easterly line and following along the Northerly line of said
Bartolomei land South 70° 15' West 2624.16 feet to the Northwest corner
thereof; thence North 48° 06' West 1180 feet more or less to the centerline of
the Vichy Springs Road, from which point the Southeast corner of that certain
parcel of land described in deed from Daniele Ancellotti et al to Ponpilio
Garbocci et us, recorded May 10, 1945, in Liber 182 of Official Records, page
453, Mendocino County Records, bears North 48° 06' West; thence Northeasterly
and following the centerline of said road and the meanders thereof to the
point of beginning.
EXHIBIT A
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF MENDOCINO )
On Wk, Z o , 19 Y , before me, the undersigned, a
Notary Public in and for said State, personally appeared Gilbert
Ashoff and Marjorie Ashoff, known to me to be the General
Partners of the Vichy Springs Investor's Group and the persons
whose names are subscribed to the within instrument, and acknow-
ledged to me that the Vichy Springs Investor's Group executed the
same.
WITH my hand an of 'vial seal.
d
Notary Public in and for said State
orFiciar, srai,
DAVID RAPPORT
NOTARY PUBLIC- CALIFORNIA
F a>' MENDOCINO COUNTY
My Comm. Expires July 30, 1990
CITY OF UKIAH
BY:
Mayor
ATTEST:
BY : S
y Clerk
CERTIFICATE OF ACKNOWLEDGMENT
STATE-OF CALIFORNIA )
) ss.
COUNTY OF MENDOCINO )
On MB_:i~ , 19~% , before me, the undersigned,. a
Notary Public in and for said State, personally appeared Colleen
Henderson and Yvette Hayes, known to me to be the Mayor and City
Clerk of the City of Ukiah and the persons whose names are-sub-
scribed to the within instrument, and acknowledged to me that the
city of Ukiah executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State
lxsT A1(®u®agrmts®annex ) I " S c[lra'^^ NOTARY PUBLIC - CALIFORNIA
OTINTY
, 19
tly ro^;m. expires D C 23 8$
n 4
When Recorded Return
Original to:
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
8014
R " ORDEU AT REQUEST OF
1687 ~ 31
MAY 25 8 34 AH '08
0FICIAL WCGRO.S
h~ ►~DOGI+~;J COUNTY CALIF
HAR.SliA A. YOUNG
REGURDER
f)2~-
COVENANT RUNNING WITH THE LAND - AGREEMENT TO ANNEX/This Agreement is made and entered into in the City of
Ukiah, County of Mendocino, State of California, by and between
the City of Ukiah, a Municipal Corporation of the State of
California, hereinafter called "City", and Vichy Springs
Investor's Group, a limited partnership organized and existing
under the laws of the State of California, hereafter called
"Vichy Springs".
WITNESSETH•
WHEREAS, Vichy Springs is the owner of record of land which
is known as Assessor's Parcel No. 178-210-03 and is more par-
ticularly described in the attached Exhibit 'A' which is incor-
porated herein by reference (hereinafter, the "Subdivision"), and
WHEREAS, the parcel is outside the corporate limits of City,
and
WHEREAS, Vichy Springs and the City entered an agreement for
fire prevention and protection services, dated Aotj ~q
pursuant to which Vichy Springs agreed to sign an annexation
agreement for the Subdivision; and
WHEREAS, the City has undertaken to provide fire protection
and prevention services to the Subdivision on a long-term con-
tract which will benefit the Subdivision and the property located
within existing City boundaries as long as the City can insure
that development and fire safety practices within the Subdivision
meet City standards for fire safety; and
WHEREAS, enforcement of City fire safety standards within
the Subdivision can most effectively occur if the Subdivision is
annexed within City boundaries; and
WHEREAS, the City has agreed to provide fire prevention and
protection services to the Subdivision in express reliance upon
Vichy Springs agreement that would consent to annexation; and
WHEREAS, these covenants running with the land will benefit
both the Subdivision and the land currently located within City
limits;
NOW, THEREFORE, in consideration of the above-recited facts
and agreements and in reliance thereupon, the parties mutually
agree as follows:
1. On its own behalf and on behalf of any successors, as-
signs, limited or general partners Vichy Springs hereby consents
and agrees that it or they will petition for annexation to the
City of Ukiah at such time that the City requests same.
It is the intention of the parties that this Agreement
creates covenants running with the Subdivision and its provisions
shall apply to the Subdivision and.shall inure to the benefit of
and be binding upon the heirs, assigns, and successors-in-
interest of the Subdivision or any portion thereof.
2. On its own behalf and on behalf of its successors, as-
signs, and limited or general partners Vichy Springs waives any
rights it or they may otherwise have to protest annexation of the
QOUK 1687 PAGE 32
. r
l
Subdivision and agree to do any and all things, including the ex-
ecution of any required documents, legally and reasonably neces-
sary to assist in the annexation of the Subdivision of any por-
tion thereof.
3. The acts which Vichy Springs or any successive owner of
all or part of the Subdivision are obligated to perform under
this Agreement benefit the land located within the existing
boundaries of the City and the Subdivision and relate to the
maintenance and improvement of the Subdivision and the payment of
taxes and assessments for such land in that if the Subdivision
were annexed to the City, it would become part of the City sub-
ject to its taxing and assessment jurisdiction.
4. This Agreement shall terminate if, but only if, the City
terminates the Agreement for Fire Protection Services between
Vichy Springs and City, dated April 4 - , 1988, for reasons
other than a breach of that agreement by Vichy Springs, the Vichy
Springs Community Home Association or their successors or as-
signs.
IN WITNESS WHEREOF the parties have entered on the flay
of , 1988.
VICHY SPRINGS INV R'S GROUP
BY•
Gil ert Ashoff
General Partner
0J 111tw
Mar'o Ashof
Gene 1 Partner
BooKI687 PArx 33
That certain real property situated in the County of Mendocino, State of
California, described as follows:
in Lot 97 of Yokayo Rancho described
PARCEL ONE: A parcel of land lying
as follows:
BEGINNING at a point from which a 2 inch iron pipe marked "R6LS2207"
bears South 40° 04' West 589.66 feet distant as shown on that certain m
Ranch" filed in Map Case 1, Drawer 7,
entitled "Boundaries in Vichy Springs point of beginning North
page 182, Mendocino County Records; thence from said 40° 28' West 347.51 feet to a point in the centerline of the Vichy Spring
ng the centerline of said road and the meanders thereof,
Road; thence followi section with the North line of Lot 97 of thea o North Rancho;
line
Northerly to its inter along
thence leaving the centerline of said road and following 298 of said Lot 97, North 89° 30' thesEast•line ofnsaid Lote South h0°s251 West
ains to Post Y
thereof; thence following along
less, to a
25.76 chains to post Y No. 3; thence South 89° 27' West 20.mo65
No. 4; thence continuing South 89° 27' West 455.10 feet,
p point of beginning bears North 40° 28' West 764.60 feet
point from which the distant; thence North 40° 28' West 764.60 feet to the point of beginning.
ALSO Lots 2, 3, and 4, and the South half of the Northeast quarter and
the Southeast quarter of Section 11; and Lots 1 and 2, Southeast quarter of
quarter of the
uarter, Northeast quarter, and the Northeast Mount
the Northwest q Township 15 North, Range 12 West,
Southeast quarter of Section 14,
Diablo Meridian. portion thereof conveyed by J. A. Redemeyer et
EXCEPTING THEREFROM: that deed dated September 27, 1937, recorded in
al to the County of Mendocino, page Mendocino County Records.
Liber 120 of official Records, p ge 28, arcel of that PARCEL TWO: BEGINNING at the Westerly son corner
Arnold Erickson certainreporded
of land described in deed from Stanley Watson to, Mendocino
September 8, 1948, in Liber 236 of Official Records, page
and as shown on map of Boundaries of Vichy Springs Ranch filed
County Records; 182, Mendocino County Records; thence from said
in Map Case 1, Drawer 7, page
point of beginning and following along agreed boundary between lands of Watson
thence North 89° 27' East,
and Erickson, South 40° 28' East 1112.11 feet; S ring Ranch filed in
Map 455.10 f Case 1eet, .to Post 1", Y page 4", as shown on map of Vichy then following along
age 78, Mendocino County Records; 993.96 f
the mo the Easterly line of Yokayo Rancho South eO° of 21 landt describ d eint deed from
recorded February 18, 194
Northerly corner of that certain parcel
Demetrio Bartolomei et ux to Boni Bartolomei Mendocino County Records; thence
in Liber 154 of Official Records, page 167, line of said
said Easterly line and following along the Northerly
l
Bartolomei eaving land South 70° 15' West 2624.16 feet to the Northwest corner
thereof; t more thereof; thence North 48° 06' West 1180 ethe Southoreastlescorners to
the Vichy Springs Road, from which point lio
parcel of land described in deed from Daniele Ancellotti et al to Ponpi e
recorded May 10, 1945, in Liber 182 of Official Records, page Garbocci 453, Mend et ocino us, County Records, bears North 48° 06' West; thence Northeasterly
and
and following the centerline of said road and the meanders thereof to the
point of beginning.
EXHIBIT A
BooKI687 PAGE 34
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF MENDOCINO )
On 2- 0____1 19 JF before me, the undersigned, a
Notary Public in and for said State, personally appeared Gilbert
Ashoff and Marjorie Ashoff, known to me to be the General
Partners of the Vichy Springs Investor's Group and the persons
whose names are subscribed to the within instrument, and acknow-
ledged to me that the Vichy Springs Investor's Group executed the
same.
WITH my hand an of "vial seal.
d
Notary Public inland for said State
OFFICIAL SEAL
DAVID RAPPORT
Q~~ ^ z NOTARY PUBLIC - CALIFORNIA
MENDOCINO COUNTY
My Comm. Expires July 30, 1990
CITY OF UKIAH
BY:
Mayor ®1/~~A/ .y NDE
ATTEST:
G~` S
BY:
y Clerk yy f~ .A/14VZ-
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
ss.
COUNTY OF MENDOCINO )
On 19$%_, before.me, the undersigned, a
Notary Public in and for- said.State, personally appeared Colleen
Henderson and Yvette Hayes, known to me .to be the Mayor and City
Clerk of the City of Ukiah and the- persons whose names are sub-
scribed to the--within instrument, and acknowledged to me that the
City of Ukiah executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State
(®uOagrmts®annex)
Buox 1687 PAGE 35
OFF 11(-T -1317 A 1,
f ar PATRICIA PPOWU
l n ~.i N'OTPRY PUBLIC - CAUFORNIA
the'a ir~~ c~~~NTY
Gh/ romm. expire, DEC 23, 19ff$