HomeMy WebLinkAboutContracts & Agreements_138-2006_CCv0001.pdf QUIET ZONE CONSULTING STUDY
FUNDING AGREEMENT
This agreement for the funding of a consulting report ("Funding Agreement") is made and
entered into this 20th day of June, 2006, by and between the City of Redlands, a municipal
corporation ("City") and Mission Development Company (hereinafter "Developer"). City and
Developer are sometimes herein each individually referred to as a"Party" and, collectively, as the
"Parties."
RECITALS
WHEREAS..Developer is proposing to construct a residential subdivision project commonly
known as Deer Park,LLC in the City of Loma Linda near the City of Redlands' corporate limits(the
"Project"); and
WHEREAS, Developer has determined that a consulting report should be prepared for the
establishment of a"Quiet Zone"near the Project and within the City of Redlands(the"Consulting
Report"); and
WHEREAS,the Consulting Report must be prepared by a consultant under contract to City:
and
WHEREAS,by executing this Funding Agreement,Developer expressly agrees to advance
payment for all costs and expenses incurred by City in the preparation of the Consulting Report;
NOW,THEREFORE,in consideration of the mutual promises contained herein,the City of
Redlands and Mission Development Company agree as follows:
AGREEMENT
Section 1. Funding Obligation. Within ten(10) days of the date of written request of City,
Developer shall deposit the sum of Thirty-Seven Thousand Three Hundred Twenty-Six Dollars
$37,326) (the "Deposit") with City to engage a consultant who will commence preparation of the
Consulting Report. The Deposit will be applied towards the total cost of the Consulting Report.
Developer shall thereafter make payments to City for the balance of all other costs and expenses for
preparation of the Consulting Report within ten(10)days of the date City submits written invoices to
Developer.
Section 2. Failure to Comply. If, at any time.Developer 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 as requested City may suspend its contract for the preparation of the Consulting
Report,or,alternatively,.Developer acknowledges and agrees that City may, terminate its contract for
preparation of the Consulting Report.
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Section 3. Notices. All notices given pursuant to this Agreement shall be in writing and may
be given by personal delivery or by mail. Notices sent by mail shall be addressed as follows:
Cir Developer
Ronald C. Mutter Glenn Elssmann
Public Works Director Mission Development Company
City of Redlands 25814 Business Center Drive, Suite C
P.O. Box 3005 Redlands, CA 92374
Redlands CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In
all other instances, notices shall be deemed given at the time of actual delivery. Changes may be
made in the names and addresses of the person to whom notices are to be given by giving notice
pursuant to this Section.
Section 4. 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 the use of any
in-house counsel of the Parties at rates prevailing in San Bernardino County, California.
Section 5. 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
Developer.
Section 6. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
Section 7. Defense and Indemnitv. Developer shall defend, indemnify and hold harmless
City, 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,finn,entity,corporation,political
subdivision or other organization arising out of or in connection with City's preparation of the
Consulting Project.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates
shown below.
CITY OF REDLANDS
By: Date June 20, 2006
J Harrison, ayor
ATTEST:
N
Date June 20, 2006
City Clerk
f
B . Date
Name 1216
Title: x
ATTEST:
By: Date
Secretary
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