HomeMy WebLinkAboutContracts & Agreements_109-2017 AIRPORT COMPATIBILITY AND ENVIRONMENTAL REVIEW SERVICES
FUNDING AGREEMENT
This airport compatibility and environmental review services funding agreement
("Agreement") is made and entered into this 6th day of June, 2017, by and between the
City of Redlands, a municipal corporation (hereinafter "City") and Hangar 24 Craft
Brewery, LLC (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 revision of
Applicant's existing Conditional Use Permit to provide for expanded operational hours to
permit live entertainment,the addition of food truck vendors, expanded eating and tasting
areas, and other types of entertainment on an approximately 3-acre site located at 1710
Sessums Drive, near City's airport 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")
for the Project will be required to be prepared 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 for 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 Applicant agree as follows
AGREEMENT
Section 1 Funding Obligation Within ten. (10) days of the date of written
request of City, Applicant shall deposit the sum of Two Thousand Five Hundred dollars
($2,500) (the "Deposit") with City to engage the consultant who will commence work on
the environmental document The Deposit will be applied towards the total cost of the IS
Applicant shall thereafter make payments to City for any balance of City's costs for
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
Applicant to supply data and information to determine whether Applicant's Project may
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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
Section 3 Failure to Comely_ 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 for 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 writing Any such notice shall be
deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in
first class registered mail, with return receipt requested, (iii) on the actual delivery date if
deposited with an overnight courier, 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 other address as a Party may provide notice in accordance with this section
City Applicant
Chris Boatman,Director Ben Cook
Quality of Life Department Hangar 24 Craft Brewery, LLC
35 Capon Street, Suite 20 1710 Sessums Drive
Redlands, CA 92373 Redlands, CA 92374
Section 5 Attorncvs' Fees In the event any action is commenced to enforce or
interpret any of the terms or conditions of this Agreement the prevailing Party shall, in
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 Aereement/Amount This Agreement represents the entire
agreement and understanding between the Parties as to the matters contained herein, and
any prior negotiations, proposals or 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 Governing Law This Agreement shall be governed by and construed
in accordance with the laws of the State of California
Section 8 Defense and Indemnity Applicant shall defend, indemnify and hold
harmless City, its elected officials, officers, employees and agents from and against any
and all actions, claims, demands, lawsuits, losses and liability for damages to persons or
property, including costs and attorneys' fees, that may be asserted or claimed by any
person, firm, entity, corporation, political subdivision or other organization arising out of
or in connection with City's processing of Applicant's Project
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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 HANGAR 24 CRAFT BREWERY, LLC
B� B
Paul W Foster,Mayor en Cook
ATTEST
Joz3,��
Je e Donaldson, City Clerk
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