HomeMy WebLinkAboutContracts & Agreements_246A-2018EA 7 1 (4118)
FUNDING AGREEMENT FOR PROFESSSIONAL ENVIRONMENTAL REVIEW
SERVICES FOR A PRIVATE PROJECT
This funding agreement fol professional environmental review services ("Agreement") is
made and entered into this 18th day of Decembei 2018 ("Effective Date"), by and between the
City of Redlands, a municipal corporation (hereinafter "City") and 1600 Orange, LLC 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 foi a proposed General Plan
Amendment, Specific Plan Amendment, Tentative Tract Map, and Conditional Use Permit to
construct a 412 unit apartment complex on ten parcels of real property, approximately 2184
acres in size, (the "Project") located on the north and south sides of Orange Avenue, between
Alabama Street and Iowa Street (Assessor's Parcel Numbers 0292-176-08, 0292-167-I1, 0292-
167-12, 0292-16743, 0292-167-18, 0292-167-25, 0292-168-03, 0292-168-16, 0292-168-21, and
0292-168-22) in the City of Redlands, which requires environmental review pursuant to the
California Environmental Quality Act ("CEQA"), and
WHEREAS, an Initial Study ("IS") will be prepared by a consultant approved by and
under contract to City which will determine the appropriate studies and environmental
documents which will need to be prepared by the consultant for the Applicant's Project, and
WHEREAS, by executing this Agreement, Applicant expressly agrees to advance
payment fol 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 1600 Orange Avenue, 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-five thousand seventy-three dollars and eighty
cents ($65,073 80) dollars (the "Deposit") with City to engage a professional consultant who will
commence work on the Environmental Documents The present estimated cost of the
Environmental Documents is estimated to be fifty-nine thousand one hundred fifty-eight dollars
($59,158 00) and the contract administration fee is set at five thousand nine hundred fifteen
dollars and eighty cents ($5,915 80) 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 for the balance of
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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 CompIy If, at any time, Applicant unreasonably delays in
advancing monies as requested by City, paying any invoice from City when due, of 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 aftei deposit in first class registered mail,
with return receipt requested, (iii) on the actual delivery date if deposited with an overnight
courier, of (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, of such other address as a Party may provide notice in
accordance with this section
City
Brian Desatnik, Director
City of Redlands
35 Capon Street, Ste 20
P O Box 3005 (mailing)
Redlands, CA 92373
Applicant
Timothy Barzal
1600 Orange, LLC
2358 University Ave #33
San Diego, CA 92104
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
Section 7 Governing This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California
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Section S 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 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
I:
Janie McConnell, Acting City Manager
Attest
'3�� A�-4�
Zf�anne Donaldson, City Clerk
1600 ORANGE, LLC
ir
By
T arzal
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