HomeMy WebLinkAboutContracts & Agreements_146-2019EA-7 1 (1 29.19)
FUNDING AGREEMENT FOR PROFESSSIONAL ENVIRONMENTAL REVIEW
SERVICES FOR A PRIVATE PROJECT
This funding agreement for professional environmental review services ("Agreement") is
made and entered into this 21st day of June, 2019 ("Effective Date"), by and between the City of
Redlands, a municipal corporation (hereinafter "City") and Griffin Residential, a limited liability
corporation (hereinafter "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 General Plan
Amendment, Specific Plan Amendment, new Specific Plan, and Tentative Tract Map to amend the
General Plan Designation of approximately 37.2 acres from Commercial to Low Density
Residential, amend the East Valley Corridor Specific Plan to remove the 37.2 acres from Specific
Plan area, designate a new Specific Plan, known as the "Heritage Specific Plan", and subdivide
37.2 acres into 207 lots and 7 lettered lots (the "Project") located at the northwest corner of Texas
Street and San Bernardino Avenue which requires environmental review pursuant to the California
Environmental Quality Act ("CEQA"); and
WHEREAS, City, as Lead Agency, has determined that an Initial Study (the "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 the 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 Griffin Residential, 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 eight thousand seven hundred thirty nine dollars ($68,739)
(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 sixty two thousand four hundred ninety ($62,490), and the contract administration
fee is set at six thousand two hundred forty nine ($6,249). 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
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cost of the Environmental Documents. Applicant 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 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 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 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, Director
Development Service Department
35 Cajon Street, Ste. 20
P.O. Box 3005 (mailing)
Redlands, CA 92373
bdesatnik@cityofredlands, org
(909) 798-7555
Applicant,
Jed Solomon
Griffin Residential, LLC
110 N. Lincoln Avenue, Suite 103
Corona, CA 92882
jsolofnon@griffin-residential.com
(951) 547-3560
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/Amendinent. 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.
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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, 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 Beneficiar . 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
By: W,-K.(i(�---
hn4� McConnell,
Assistant City Manager
Attest:
Je?5�1`onaldson, City Clerk
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GRIFFIN RESIDENTIAL, LLC
By: /
J Solomon, e President