HomeMy WebLinkAboutContracts & Agreements_8-2019DEVELOPMENT PROJECT AND ENVIRONMENTAL REVIEW
FUNDING AGREEMENT
This development project and environmental review funding agreement
("Agreement") is made and entered into this 15th day of January, 2019, by and between
the City of Redlands, a municipal corporation ("City"), and Environmental Systems
Research Institute, Inc, a California corporation ("Property Owner") City and Property
Owner are sometimes individually referred to herein as a "Party" and, together, as the
"Parties "
RF.CITAT.S
WHEREAS, Property Owner intends to file one or more development applications
for entitlements with City far development projects (the "Projects") proposed within the
city of Redlands, and
WHEREAS, City, at the request of Property Owner, ha�ie tered into an agreement,
a copy of which is attached hereto as Exhibit "A," with Michael Baker International, Inc
("Consultant") to provide professional planning and environmental services for City to
expedite City's processing and review of the development applications submitted by
Property Owner, and
WHEREAS, City, as Lead Agency, will be required to process and approve all
environmental studies and documents for Property Owner's Projects which are permitted
or required pursuant to the applicable provisions of the National Enviromnental Policy Act,
the California Environmental Quality Act ("CEQA"), and other applicable environmental
laws (collectively, "Environmental Documents"), and
WHEREAS, Property Ownei agrees to advance payment for all reasonable costs
and expenses that Property Owner approves and City incurs in utilizing the Consultant's
services in connection with the processing of the applications foi entitlements for Property
Owner's Projects and any related Environmental Documents,
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the City of Redlands and Environmental Systems Research Institute, Inc agree as follows
AGREEMENT
Section 1 Fundmg Obligations
A Within ten (10) days of the date of written request of City and subject to Property
Owner's prior written approval of any estimate, Property Owner shall deposit the sum
requested in writing (the "Entitlements Deposit") by City to engage the Consultant to
commence its services with respect to the completed development entitlement applications
submitted to City by Property Owner for each of the Projects submitted by Property Owner
to City The cost of the Consultant's services will be estimated after Property Owner has
filed completed applications for a Project and provided to Property Owner for its review
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and approval In addition, Property Owner shall pay to City an amount equal to twenty five
percent (25%) of the total costs of the Consultant's services for Property Owner's Project,
exclusive of environmental review as set forth in subsection B, below, for City's
employees' administration and review of the Consultant's services related to Property
Owner's Project The Entitlements Deposit will be applied towards the total cost of the
Consultant's services Property Owner shall thereafter make payments to City for the
balance of City's costs for the Consultant's services within ten (10) days of the date City
submits written invoices to Property Owner If the Entitlements Deposit is exceeded,
additional funds will be requested by City, if the deposit is not entirely spent, any remaining
funds will be returned to Property Owner Property Owner's Entitlement Deposits shall not
be applied to, nor shall Property Owner be required to pay, any City Development Services
Department permit processing fees associated with Property Owner's Projects submitted
to City for processing pursuant to this Agreement
B Within ten (10) days of the date of written request of City and subject to
Property Owner's prior written approval of any estimate, Property Owner shall deposit the
sum requested in writing (the "Environmental Deposit") with City to engage the Consultant
to commence work on the Environmental Documents for Property Owner's Projects The
cost of the Environmental Documents will be estimated after Property Owner files
completed applications for the Project and provided to Property Owner for its review and
approval The Environmental Deposit will be applied towards the total cost of the
Environmental Documents In accordance with City's fee resolution, City will assess an
additional ten percent (10%) of the total cost of the Consultant's environmental services to
compensate City foi its admmistration and review of the Consultant's environmental work
product related to the processing of Property Owner's Project Property Owner 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 the Property Owner When the Environmental Deposit is reduced to approximately
twenty five percent (25%) of the amount initially deposited, additional funds will be
requested from Property Owner by City, if the deposit is not entirely spent, any remaining
funds will be returned to Property Owner Property Owner's deposits shall not be applied
to, nor shall Property Owner be required to pay, any City Development Services
Department environmental processing fees associated with Property Owner's Projects
submitted to City pursuant to this Agreement
Section 2 Com ensation of Consultant The Consultant services for Property
Owner's Projects shall be compensated in accordance with the agreement that is attached
hereto as Exhibit "A" and incorporated herein by this reference Reimbursable expenses of
the Consultant, if any, shall be billed by City to Property Owner at the Consultant's actual
cost
Section 3 Term The term of this Agreement shall commence on the Effective date
of this Agreement and terminate on January 14, 2020
Section 4 Termination This Agreement may be terminated by either Party, in its
sole discretion, by providing not less than five (5) days prior written notice to the other
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Party The Consultant shall be compensated by City on a pro -rata basis for Services
completed up to the date of termination
Section 5 Compliance Required Property Ownei acknowledges that City may
require Property Owner to supply data and mformation to detennme whether Property
Owner's Project application is complete, whether Property Owner's Project may have a
sigmficant effect on the environment, or to assist City and the Consultant in preparing the
Environmental Documents Property Owner shall promptly comply with all such requests
by City
Section 6 Failure to Comply 1f, at any time, Property Owner unreasonably delays
in failing to provide City with information of data requested pursuant to Section 5 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, Property Owner acknowledges and agrees that City may, without liability to
Property Owner, disapprove the Project for Property Owner's delay in satisfying City's
requirements
Section 7 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
Development Services Director
35 Capon Street, Suite 20
P O Box 3005 (mailmg)
Redlands, CA 92373
Property Owner
Laura Dangermond
Environmental Systems
Research Institute, Inc
3 80 New York Street
Redlands, CA 92373
Section 8 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 the Parties
Section 9 Entire Agreement/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 authorized representatives of City and Property Owner
Section 10 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 11 Defense and Indemnity Property Owner 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 of Property Owner's Projects
Section 12 No Third PartyBeneficlary Property Owner acknowledges and agrees
that City's agreement with the Consultant to prepare the Environmental Documents for
Property Owner's Projects is for the benefit of the public and undertaken In compliance
with City's obligations under CEQA, and is not for the benefit of Property Owner
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above
CITY OF REDLANDS ENVIRONMENTAL SYSTEMS
RESEARCH INSTITUTE, INC
•
W�,00, FaurilroA "W
ATTEST
.1 e Donaldson, City Clerk
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