HomeMy WebLinkAboutContracts & Agreements_148-2018J
FUNDING AGREEMENT FOR PROFESSSIONAL ENVIRONMENTAL
REVIEW SERVICES FOR A PRIVATE PROJECT
EA 7 1 (4/18)
This funding agreement for professional environmental review services ("Agreement")
is made and entered into this 30th day of July 2018 ("Effective Date"), by and between the City
of Redlands, a municipal corporation ("City") and NYS North, LLC ("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 Commission Review and Approval as Zone Change No 460 and Commission Review
and Approval (the "Project") located south of Park Avenue and west of New York Street on
Assessor's Parcel No 0171-011-47, 0171-011-61, 0171-011-62, 0171-011-56, 0171-011-43,
0171-011-40, 0171-011-38, 0171-011-54, 0171-011-45, 0171-011-19, 0171-011-58,
0171-011-15, 0171-011-28, 0171-011-27, 0171-011-18, which requires environmental review
pursuant to the California Environmental Quality Act ("CEQA"), 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 NYS North, 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 eighty three thousand two hundred thirty three dollars and
twenty cents ($83,223 20) (the "Deposit") with City to engage a professional consultant who
will commence work on the Environmental Documents and to fund a twenty percent (20%)
contract administration fee The present estimated cost of the Environmental Documents is
estimated to be sixty-nine thousand three hundred sixty one dollars ($69,361) and the contract
administration fee is set at thirteen thousand eight hundred hundred seventy two dollars and
twenty cents ($13,872 20). 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
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EA 7 1 (4118)
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 Compliance Required Applicant acknowledges that City may require Applicant
to make additional payments, 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 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 falling 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 (1) on
the date of delivery in person, (u) 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
C._ rtv
City Clerk
City of Redlands
35 Capon Street,
P 4 Box 3005 (mailing)
Redlands, CA 92373
Applicant
NYS North, LLC
380 New York Street
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 a Party
Section C. Entire Areement/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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EA 7 1 (4118)
Section 8 Defense and Indemnity Applicant shall defend, indemnify 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, fieri, 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 NYS NORTH, LLC
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By By
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IN Enrnqu nez, City an er NYS North, LLC, icant
Attest
J e Donaldson, City Clerk
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