HomeMy WebLinkAboutContracts & Agreements_259-2017 ENVIRONMENTAL REVIEW
FUNDING AGREEMENT
This funding agreement ("Agreement") is made and entered into this 5`i` day of
December, 2017, by and between the City of Redlands, a municipal corporation
(hereinafter "City") and Newland Homes, LLC, 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 applications with City for Agricultural Preserve
Removal No 125, Zone Change No 458, Demolition No 295, Conditional Use Permit
No 1078 and Tentative Tract Map No 20126 The applications request to change the zone
designation from A-1 (Agricultural) and R-E (Residential Estate) to PRD/R-E (Planned
Residential Development/Residential Estate) District, and subdivide 39 84 acres into 105
lots for future development with single-family residences and 5 common lettered lots The
project includes an Option Agreement, Purchase and Sale Agreement, and the creation of
a farming easement for a City owned citrus grove (APN 0168-161-07) The project site is
located north of Lugoma Avenue and east of Judson Street (APN 0168-161-04,05,06,07)
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 Newland Homes, LLC, 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 thirty seven thousand, four hundred twenty
seven dollars and twenty two cents ($37,427 22) (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 thirty seven thousand, four hundred twenty
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seven dollars and twenty two cents ($37,427 22). 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
Section 2 ComUliance Required 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 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
Brian Desatnik, Director Bryan Avilla
Development Services Department Newland Homes, LLC
35 Capon Street, Suite 20 3121 Michelson Drive, Suite 110
Redlands, CA 92373 Irvine, CA 92612
Section 5 Attorneys' 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 Agreement/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
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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
Section 9 No Third Party Beneficiary Applicant expressly acknowledges and
agrees that City's contract with the consultant to prepare environmental documents for
Applicant's Protect 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 NEWLAND HOMES, LLC
By J�� B �•/ '�'
Y
W Foster, Mayor Bryan,�gilla, Manager
ATTEST
LLO,�i .
JW=e Donaldson, City Clerk
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