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HomeMy WebLinkAboutContracts & Agreements_208-2018 BA-7[(4/[8) 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 2511' day of October 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation (hereinafter "City") and Dedeaux Properties, a limited liability corp (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 a proposed Commission Review and Approval and a Tentative Parcel Map to construct two (2) concrete tilt-up industrial buildings totaling 154,000 square feet of approximately ninety percent warehouse space and ten percent office space, and subdivide approximately 7 7 acres into two parcels, 3 62 and 4 14 acres in size, (the "Project") located at the northwest corner of Alabama Street and Park Avenue (Assessor's Parcel Numbers 0292-154-10-0000 and 0292-154-17-0000) which requires environmental review pursuant to the California Environmental Quality Act("CEQA"), and WHEREAS, City has determined that an Initial Study ("IS") for the Project will be required pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, and WHEREAS, 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 City incurs in 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 Dedeaux Properties agree as follows- AGREEMENT Section 1 Funding ObI ag ton Within ten (10) days of the date of written request of City, Applicant shall deposit the sum of fifty thousand one hundred thirty dollars ($50,130 00) (the "Deposit") with City to engage a professional consultant who will commence work on the Environmental Documents, and to fund a ten percent (10%) contract administration fee The present estimated cost of the Environmental Documents is fifty thousand one hundred thirty dollars ($50,130 00) and the contract administration fee is set at of five thousand thirteen dollars ($5,013) 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 I L kaldjrn\AgreementslFunding Agreement with Dedeaux Properties.doc EA 7 1(4/18) 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 AppIicants 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 (i) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, with return receipt requested, (in) 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 propeily 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 CUt Applicant City Clerk Benjamin M Horning City of Redlands Director of Development 35 Cajon Street, Dedeaux Properties P O Box 3005 (mailing) 1299 Ocean Avenue, 9th Floor Redlands, CA 92373 Santa Monica, CA 90401 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 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 2 L, caldjm\AgreementsTunding Agreement with Dedeaux Properties.doc EA 7 1(4/18) 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 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, firm, entity, corporation, political subdivision or other organization arising out of or in connection with City's processing and approval or denial of AppIicant'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 have executed this Agreement as of the Effective Date of this Agreement CITY OF REDLANDS DEDEAUX PROPERTIES By4\.�,,wow, .":P, anice Connell B jamin M Horning n ty Manager Director of Development Attest za—A�-- J#fie Donaldson, City Clerk 3 L 1ca1djmlAgreementsWunding Agreement with Dedeaux Properties.doc