HomeMy WebLinkAboutContracts & Agreements_99b-2018EA 7 1 (4118)
FUNDING AGREEMENT FOR PROFESSSIONAL ENVIRONMENTAL REVIEW
SERVICES FOR A PRIVATE PROJECT
This funding agreement for professional environmental review services ("Agreement") is
made and entered into this 7th day of June 2018 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City") and Daniel Buoye ("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 a proposed change of zone
and tentative tract map as Zone Change No 461 and Tentative Tract Map No 20065 (the
"Project") located south of E Hrghland Avenue and west of Redlands Street on Assessor's
Parcel No 0174-161-25-0000, which requires environmental review pursuant to the California
Environmental Quality Act ("CEQX ), and
WHEREAS, City, as Lead Agency for the Project, has determined that an Initial Study
(the "IS") for the Project will be required pursuant to Sections 15162 and 15164 of the State
CEQA Guidelines, and
WHEREAS, the IS, and all other associated subsequent environmental documents and
studies for the Project pursuant to CEQA 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 for the preparation of the IS related to
Applicant's Project and for any associated investigations, environmental studies, and documents
permitted or required by CEQA or other federal or state law 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 Daniel Buoye 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 twenty-seven thousand one hundred thirty two dollars
($27,132) (the "Deposit") with City to engage a professional consultant who will commence
work on the Environmental Documents and to fiind a twenty percent (20%) contract
administration fee The present estimated cost of the Environmental Documents is estimated to
be twenty-two thousand six hundred ten dollars ($22,610) and the contract administration fee is
set at four thousand five hundred twenty two dollars ($4,522) Applicant acknowledges that
Applicant is obligated by this Agreement to pay to City the full, actual cost for the preparation of
the Environmental Documents, as deemed reasonable or necessary by City, to ensure the legal
sufficiency of the Environmental Documents The Deposit will be applied towards the actual
total cost of the Environmental Documents Applicant shall thereafter make payments to City
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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 Compliance Required Applicant acknowledges that City may require
Applicant to make additional payments, supply data and information to detenriine whether
Applicant's Project may have a significant effect on the environment, and to assist City and the
consultant in preparing the environment documents Applicant shall promptly comply with all
such requests by City
Section 3 Failure to Comply If, at any time, Applicant unreasonably delays in
advancing monies as requested by City, paying any invoice from City when due, or 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
(l) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail,
with return receipt requested, (ill) on the actual delivery date if deposited with an overnight
courier, or (tv) 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 filly prepaid
to the appropriate address set forth below, or such other address as a Party may provide notice in
accordance with this section
9!Y -
City Clerk
City of Redlands
35 Cajon Street,
P O Box 3005 (mailing)
Redlands, CA 92373
Applicant
Daniel Buoye
5225 Canyon Crest Drive
Suite 71, Box 134
Riverside, CA 92507
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 inhouse counsel by a Party
Section 6 Entire Agreement/Amendment 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, mdemmfy and hold
harmless City, and 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 and approval or denial of Applicant's Project and the Environmental Documents
Section 9 No Third Party Beneficiary Applicant expressly acknowledges and agrees
that City's contract with the consultant to prepare the 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 as of the
Effective Date of this Agreement
CITY OF REDLANDS DANIEL BUOYE
By
nnq Inez, City r Buoye roperty wner
Attest
e Donaldson, City Clerk
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