HomeMy WebLinkAboutContracts & Agreements_225-2017 ENVIRONMENTAL REVIEW
FUNDING AGREEMENT
This funding agreement ("Agreement") is made and entered into this 17`, day of
October, 2017, by and between the City of Redlands, a municipal corporation (hereinafter
"City") and Woodspring Suites Redlands San Bernardino, LLC, a California corporation
(hereinaftei "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 48,224 square-feet with 123 guest rooms on an
approximately 2 68 acre parcel of real property located at Orange Tree Lane (Assessor's
Parcel Numbers 0292-062-13-0000 and 0292-062-14-0000) 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 Woodspring Suites Redlands San Bernardino, LLC, agree as
follows
AGREEMENT
Section 1. FundmQ ObhRation Within ten (10) days of the date of written
request of City, Applicant shall deposit the sum of thirty three thousand, nine hundred
eighty seven dollars ($33,987 00) (the "Deposit") with City to engage the consultant who
will commence work on the Environmental Documents The cost of the Environinental
Documents is estimated to be thirty three thousand, nine hundred eighty seven dollars
($33,987 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 foi preparation of the Environmental Documents within ten (10) days of the date
City submits written invoices to Applicant
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I TlannmgTURRENT PLANNWG\Conditional Use Permit\CUP 1076-Woodspring
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Section 2 Compliance Reciuired 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 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 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 of 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 Applicant
Brian Desatnik, Director Scott Bixler
Development Services Department Woodspring Suites Redlands San
Bernardino, LLC
35 Cajon Street, Suite 20 8621 E 2151 St N Suite 250
Redlands, CA 92373 Wichita, KS 67206
Section 5 Attorneys' Fees In the event any action is commenced to enforce of
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 Aueement/Amnount 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 Governinp- 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 01
property, including costs and attorneys' fees, that may be asserted or claimed by any
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I 1Planning\CURRENT PLANNING1Cond3tional Use PermATUP 1076 Woodspring
Hote110EQA\Fundmg Agreement
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 WOODSPRING SUITES REDLANDS
SAN BERNARDINO, LLC
B( J Y1
Paul W Foster, Mayor Scott ixler
By441�41�J5/
ATTEST
/Ufamie-Donaldson, City Clerk
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Hotel\CEQA\Funding Agreement