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HomeMy WebLinkAboutContracts & Agreements_143-2017 ENVIRONMENTAL REVIEW FUNDING AGREEMENT This funding agreement ("Agreement") is made and entered into this 5 t day of July, 2017, by and between the City of Redlands, a municipal corporation (hereinafter "City") and JMD Hospitality, Inc , a California corporation (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 a four-story hotel totaling approximately 44,540 square-feet with 77 guest rooms on an approximately 1 676 acre parcel of real property located at Industrial Park Avenue (Assessor's Parcel Number 0169-343-09-0000) 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 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 and for any subsequent environmental studies and documents permitted or required by in connection with the processing of Applicant's Project (collectively, the"Environmental Documents"), NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and JMD Hospitality, Inc , agree as follows AGREEMENT Section 1 Funding Oblization Within ten (10) days of the date of written request of City, Applicant shall deposit the sum of twenty thousand and two hundred thirty five dollars ($20,235 00) (the "Deposit") with City to engage the consultant who will commence work on the Environmental Documents The cost of the Environmental Documents is estimated to be twenty thousand and two hundred thirty five dollars ($20,235 00) The Deposit will be applied towards the total cost of the Environmental Documents Applicant shall thereafter make payments to City for the balance of City's costs for preparation of the Environmental Documents within ten (10) days of the date City submits written invoices to Applicant 1 I IPlanning\CURRENT PLANNINGTonditional Use Permit\CUP 1056—Hilton Home2 Suites\LilburnlFunding Agreement-applicantTundmg agreement-JMD Hospitality-final doc Section 2 ConiWiance Reauired Applicant acknowledges that City may require Applicant to supply data and information to determine whether Applicant's Project may have a significant effect on the environment, and to assist City and the consultant in preparing the Environmental Documents 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, or such other address as a Party may provide notice in accordance with this section City A-mutant Brian Desatnik, Director Gayatree Patel Development Services Department JMD Hospitality, Inc 35 Capon Street, Suite 20 12.30 W Colton Avenue Redlands, CA 92373 Redlands, CA 92374 Section 5 Attornevs' 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 Arreement/Ainount 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 Indemnitv 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 2 I Tlanning\CURRENT PLANNINGIConditional Use Permit\CUP 1056—Hilton Home2 Suites\LilburnTunding Agreement-applicantTundmg agreement-JMD Hospitality-final doc person, firm, entity, corporation, political subdivision or other organization ansing 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 JMD HOSPITALITY, INC By( By Paul W. Foster, Mayor Gayatree Patel By ATTEST Je e Donaldson, City Clerk 3 11Planning\CURRENT PLANNINGIConditional Use PernutTUP 1056—Hilton Home2 Suites\Lilbum\Fundmg Agreement-applicantTunding agreement-JMD Hospitahty-final doc