HomeMy WebLinkAboutContracts & Agreements_57-2018ENVIRONMENTAL REVIEW
FUNDING AGREEMENT
This funding agreement ("Agreement") is made and entered into this 3rd day of
April, 2018, by and between the City of Redlands, a municipal corporation (hereinafter
"City") and CIVF V — CAIB02, LLC, a California corporation, as an agent of Shaw
Development Partners, 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 construction of a
153,994 -square foot industrial building, consisting of 147,994 -square foot warehouse
space and 6,000 square feet of office space on approximately 7.08 acres parcel located on
the southeast corner of Iowa Street and Park Avenue in the EV/IC (Commercial
Industrial) District of the East Valley Corridor Specific Plan. (APN: 0292-158-15-0000)
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 CIVF V — CA1B02, 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 eight thousand and five hundred
thirty dollars ($38,530.00) (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 thirty eight thousand and five hundred thirty ($38,530.00).
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:1ca\djm\Agreements\Shaw Development Partners- Funding Agreement.doe
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 Iiability 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
Brian Desatnik, Director
Development Services Department
35 Cajon Street, Suite 20
Redlands, CA 92373
Applicant
CNF V — CA1B02, LLC
c/o Cabot Properties, Inc.
One Beacon Street, Suite 1700
Boston, MA 02108
Attn. Justin Harvey
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 Aureement/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 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
2
IAca\djm\Agreements\Shaw Development Partners- Funding Agreement.doc
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 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
B� �J
Paul W. Foster, Mayor
ATTEST:
dae,
Je e Donaldson, City Clerk
CIVF V — CA1B02, LLC
By: Cabot Industrial Value Find V
Operating Partnership, L.P.,
its sole member
By: I
Justin Slee
ve
Senior Pre 'dent. Investments
3
I: 1ca\djmlAgreements\Shaw Development Partners- Funding Agreement.doc