HomeMy WebLinkAboutContracts & Agreements_76B-2017 ENVIRONMENTAL REVIEW
FUNDING AGREEMENT
This funding agreement ("Agreement") is made and entered into this 2nd day of
May, 2017, by and between the City of Redlands, a municipal corporation (hereinafter
"City") and Redlands Supportive Housing L P , a limited partnership (hereinafter
"Applicant") City and Applicant are sometimes individually referred to herein as a
"Party" and, together, as the "Parties "
RECITALS
WHEREAS, Applicant has filed an application with City for the construction of
an 80-unit apartment project to provide affordable housing for veterans, individuals with
special needs, and low-income households on an approximately 4 7 acre parcel of real
property located at the southwest cornei of W Lugoma Avenue and Texas Stiect in the
City of Redlands (the "Project"), which requires environmental review pursuant to the
California Environmental Quality Act("CEQA ), and
WHEREAS, City, as Lead Agency,has determined that an Initial Study (the "IS")
foi the Project will be required pursuant to Sections 15162 and 15164 of the CEQA
Guidelines, and
WHEREAS, in accordance with City's Guidelines implementing CEQA, the IS
will be prepared by a consultant approved by and under contract to City, and
WHEREAS, by executing this Agreement, Applicant expressly agrees to advance
payment foi all costs and expenses the City incurs in the preparation of the IS related to
Applicant's Project,
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the City of Redlands and Redlands Supportive Housing, L P
AGREEMENT
Section I Funding Obliaation Within ten (10) days of the date of written
request of City Applicant shall deposit the sum of Fifteen Thousand dollars (S 15,000)
(the "Deposit") with City to engage the consultant who will commence work on the
environmental document The cost of the IS is Thirty Thousand dollars ($30,000) The
Deposit will be applied towaids the total cost of the IS Applicant shall thereafter make
payments to City for the balance of City's costs foi preparation of the IS within ten (10)
days of the date City submits written invoices to Applicant
Section 2 Compliance Required Applicant acknowledges that City may require
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Applicant to supply data and infon-nation to determine whethei Applicant's Project may
have a significant effect on the environment, and to assist City and the consultant in
preparing the IS Applicant shall promptly comply with all such requests by City
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Section 3 Failure to Comply If, at any time, Applicant unreasonably delays
in failing to provide City with information or data requested pursuant to Section 2 hereof,
such unreasonable delay shall suspend the running of the time periods described in State
CEQA Guidelines sections 15107 and 15108 for the period of such unreasonable delay
Alternatively, Applicant acknowledges and agrees that City may, without liability to
Applicant, disapprove the Project foi Applicant's delay in satisfying City's requirements
Section 4 Notices Any notice or other communication required, or which
may be given, pursuant to this Agreement, shall be in wi iting Any such notice shall be
deemed deliveied (i) on the date of delivery in person, (ii) five (5) days after deposit nn
first class registered marl, with return receipt requested, (iii) on the actual delivery date if
deposited with an overnight counei, or (iv) on the date sent by facsimile, if confirmed
with a copy sent contemporaneously by first class, certified, registered or express mail, in
each case properly posted and fully prepaid to the appropriate address set forth below, of
such othei address as a Party may provide notice in accordance with this section
Citv Applicant
James Troyer, Director Dora Leong Gallo
City of Redlands Redlands Supportive Housing L P
Development Seivices Department Chief Executive Officer
35 Capon Street, Suite 20 A Coimnunity of Friends
Redlands, CA 92373 Sole Member, Supportive Housing LLC
Managing General Partner
3701 Wilshire Blvd , Suite 700
Los Angeles, CA 90010
Section 5 Attornevs' Fees In the event any action is commenced to enforce or
interpret any of the terms of conditions of this Agreement the prevailing Party shall, to
addition to costs and any other relief, be entitled to recovery of its reasonable attorneys'
fees, including fees for use of in-house counsel by the Parties
Section 6 Entire Agreement/Amount This Agreement represents the entire
agreement and understanding between the Parties as to the matters contained herein, and
any prior negotiations, proposals of verbal agreements are superseded by this Agreement
Any amendment to this Agreement shall be in writing, approved by the City Council of
City and signed by City and Applicant
Section 7 Golernina Law This ADeement shall be governed by and construed
in accordance with the laws of the State of California
Section 8 Defense and Indenuaity Applicant shall defend, iindem.inify and hold
harmless City, its elected officials, officers, employees and agents from and against any
and all actions, claims, demands, lawsuits, losses and liability foi damages to persons of
property, including costs and attorneys' fees, that may be asserted of clanned by any
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person, firm, entity, corporation, political subdivision or other organization arising out of
or in connection with City's processing of Applicant's Project
Section 9 No Third Partv Beneficiary Applicant expressly acknowledges and
agrees that City's contract with the consultant to prepare environmental documents for
Applicant's Project is for the benefit of the public and undertaken in compliance with
City's obligations under CEQA, and is not for the benefit of Applicant
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date first written above
CITY OF REDLANDS REDLAND SUPPORTIVE HOUSING, L P
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By� C5�- �yI C�
Paul W Foster, Mayor Dora Le g Ilo, CEO
ATTEST
"--
e Donaldson, City Clerk
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