HomeMy WebLinkAboutContracts & Agreements_139-2007_CCv0001.pdf ENVIRONMENTAL IMPACT REPORT
FUNDING AGREEMENT
This Agreement is made and entered into this 7th day of August, 2007, by the
between the City of Redlands, a municipal corporation (hereinafter"City") and On Texas
Street, LLC, a Delaware limited liability company (hereinafter "Applicant"). City and
Applicant are sometimes individually referred to herein as a "Party" and, together, as the
"Parties."
RECITALS
WHEREAS, applicant has proposed a mixed use of commercial (85,000 square feet
retail and 20,000 square feet office/residential (205 single family homes) development
project on 37.24 acres located on the west side of Texas Street between San Bernardino
Avenue and Pioneer Avenue (the "Project")which requires environmental review pursuant
to the California Environmental Quality Act ("CEQA"); and
WHEREAS, City's Environmental Review Committee has determined that an
Environmental Impact Report ("EIR") must be prepared for the Project; and
WHEREAS, in accordance with City's Guidelines implementing CEQA, the EIR will
be prepared by a consultant under contract to City; and
WHEREAS, by executing this Environmental Impact Report Funding Agreement,
Applicant expressly agrees to advance payment for all costs and expenses City incurs in
the preparation of the EIR related to Applicant's Project;
NOW, THEREFORE, in consideration of the mutual promises contained herein,the
City of Redlands and On Texas Street, 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 Eighty-Eight Thousand dollars ($88,000) (the
"Deposit") with City to engage the consultant who will commence work on the EIR. The
estimated cost of the EIR is One Hundred Seventy-Six Thousand Eight Hundred Six dollars
($176,806)which includes the sum of One Hundred Forty-Seven Thousand Three Hundred
Thirty-Eight dollars ($147,338.00) as the estimated fee for the consultant's work and the
sum of Twenty-Nine Thousand Four Hundred Sixty-Eight dollars ($29,468) as the
estimated administrative costs which will be incurred by City. The Deposit will be applied
towards the total cost of the EIR. Applicant shall thereafter make payments to City for the
balance of all other costs and expenses for preparation of the EIR within ten (10) days of
the date City submits written invoices to Applicant.
Section 2. Compliance Reguired. 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
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the consultant in preparing the ECR. Applicant shall promptly comply with all such requests
by City.
Section 3. Failure to Compi , 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. 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:
city Applicant
Jeff Shaw
Community Development Department
P.O. Box 3005
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 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/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 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.
Section 8. Defense and Indemnity. Applicant 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, firm, entity, corporation,
political subdivision or other organization arising out of or in connection with City's processing of
Applicant's Project.
Section 9. No Third Party Beneficiary, Applicant expressly acknowledges and
agrees that City's contract with the consultant to prepare an EIR for Applicant's Project is
for the benefit of the public and undertaken in compliance with City's obligations under
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CEQA, and is not for the benefit of Applicant.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the
dates shown below.
CITY OF REDLANDS
By: Date
August 7, 2007
Mayor
ATTEST:
City Clerk Date August 7, 2007
By: R
M, Siam Date f
Title: Manager
i
ATTEST:
By t
Mickey Siam, Chie Operating Officer Date
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