HomeMy WebLinkAboutContracts & Agreements_119A-20191A71(12919)
FUNDING AGREEMENT FOR PROFESSSIONAL ENVIRONMENTAL REVIEW
SERVICES FOR A PRIVATE PROTECT
This funding agreement for professional environmental review services ("Agreement") is
made and entered into this 20th day of June, 2019 ("Effective Date"), by and between the City of
Redlands, a municipal corporation (hereinaftei "City") and BCR Investments, Inc , a California
corporation (hereinafter "Applicant") City and Applicant are sometimes individually referred to
herein as a "Party" and, togethei, as the "Parties "
RECITALS
WHEREAS, Applicant has filed an application with City for a proposed "Commercial
Landscape Maintenance Facility" within the I -P (Industrial District) zone The property in which
a commercial landscape maintenance facility is proposed (the "Project") located on a vacant lot
on the south side of Sessums Di ive, between Aviation Drive to the west and Wabash Avenue to
the east, identified as APNs 0168-041-13-0000 and 0168-041-50-0000, 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") foi 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 undei contract to
City, and
WHEREAS, by executing this Agreement, Applicant expressly agrees to advance payment
foi 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 BCR Investments Inc agree as follows
AGREEMENT
Section 1 Funding Obligation Within ten (I 0) days of the date of written request of City,
Applicant shall deposit the sum of two thousand dollars ($2,000) (the "Deposit") with City to
engage a professional consultant who will commence walk on the Environmental Documents The
present estimated cost of the Environmental Documents is estimated to be two thousand dollars
($2,000) Applicant acknowledges that Applicant is obligated by this Agreement to pay to City the
full, actual cost foi 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 foi preparation of the
Environmental Documents within ten (10) days of the date City submits written invoices to
Applicant
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Section 2 Compliance Required Applicant acknowledges that City may require
Applicant to make additional payments, supply data and information to determine whethei
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, of failing to
provide City with information of 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 01 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, (ti) 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 0 Box 3005 (mailing)
Redlands, CA 92373
bdesatnik@cityofredlands org
(909) 798-7555
Applicant
Brent C Riegel
BCR Investments Inc
PO Box 685
Mentone, CA 92539
BCRinv@me corn
(909) 794-2101
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/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
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 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 Beneficiary. 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 BCR INVESTMENTS INC
By
By
cConnell, Brent C Rieger
Assistant City Manager
Attest
Donaldson, City Clerk
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