HomeMy WebLinkAboutContracts & Agreements_68B-2019EA 7 1 (1 29 19)
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 15th day of April, 2019 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City") and 13444 Alameda Industrial LLC, a limited liability
corporation ("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 Commission
Review and Approval to construct two new multi -tenant commercial/industrial buildings,
approximately 46,850 square feet and 46,317 square feet in size and a Tentative Parcel Map
application to subdivide 4 77 acres into two parcels, to create six commercial/industrial
condominium units (the "Project") located at 10797 New Jersey Street which requires
environmental review pursuant to the California Environmental Quality Act ("CEQA"), and
WHEREAS, City, as Lead Agency, 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, "Environmental Documents"),
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and 13444 Alameda Industrial 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 thirty three thousand nine hundred thirteen dollars
($33,913) (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
thirty thousand eight hundred thirty dollars ($30,830), and the contract administration fee is set at
three thousand eighty three dollars ($3,083) Applicant acknowledges that it is obligated by this
Agreement to pay to City the fiill, 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 City's costs for
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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 snake 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 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, (iii) on the actual delivery date if deposited with an overnight courier,
or (iv) on the date sent by facsimile, if confinned 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&
Brian Desatnik, Director
Development Service Department
35 Cajon Street, Ste 20
P O Box 3005 (mailing)
Redlands, CA 92373
bdesatnik@cityofredlands org
(909) 798-7555
Anlicant
Donald M Kaplan
13444 Alameda Industrial, LLC
500 N Brand Boulevard #2120
Glendale, CA 91203
Henry@cjacorporation com
(818) 396-8880
Section 5. Attorneys' Fees In the event any action is commenced to enforce or interpret
any of the terns 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 natters 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 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, indemnify and hold
harmless City, and its elected and appointed 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 Beneficiar_y_. 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
/�A "
By Rk%j1aX
.ce McConnell,
Interim City Manager
Attest
S�&� 4mg(--k)
Jea onaldson, City Clerk
13444 ALAMEDA INDUSTRIAL, LLC
By \-\J UJ V
Donald A Kaplan Manager
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