HomeMy WebLinkAboutContracts & Agreements_10-2018ENVIRONMENTAL REVIEW
FUNDING AGREEMENT
This funding agreement ("Agreement") is made and entered into this 16`h day of
January, 2018, by and between the City of Redlands, a municipal corporation (hereinafter
"City") and Vantage One Real Estate Investments V, 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 demolition of two
structures and to change the zoning and general plan designations on approximately three
(3) acres of real property located at 212 and 216 Brookside Avenue (Assessor's Parcel
Numbers: 0171-101-01 through 0171-101-05; 0171-211-1.3 through 0171-211- 21; and
0171-211-25) 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 Section 15063 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 Vantage One Real Estate Investments V, 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 sixty-six thousand nine hundred thirty dollars
($66,930) (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 sixty-six thousand nine hundred thirty dollars ($66,930). 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.
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Section 2. Compliance 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 contemporancously 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 Applicant
Brian Desatnik, Director Vantage One Real Estate Investments V, LLC.
Development Services Department 4 Corporate Plaza, Suite 210
35 Cajon Street, Suite 20 Newport Beach, CA 92660
Redlands, CA 92373
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.
Section S. 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
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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 Party 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 VANTAGE ONE R E A L ESTATE
INVENSTMENTS V, LLC.
By 1 By:
_ Zl---
Paul W. Foster, Mayor Tom Robinson, Managing Member
ATTEST:
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