HomeMy WebLinkAboutContracts & Agreements_248-2019DEVELOPMENT PROJECT AND ENVIRONMENTAL REVIEW
FINDING AGREEMENT
This development project and environmental review funding agreement ("Agreement")
is made and entered into this 17th day of December, 2019, by and between the City of Redlands,
a municipal corporation ("City"), and Property One, LLC, a California limited liability company
("Property Owner") City and Property Owner are sometimes individually referred to herein as
a "Party" and, together, as the "Parties "
RECITALS
WHEREAS, Property Owner intends to file one or more development applications for
entitlements with City for development projects (the "Projects") proposed within the City of
Redlands, and
WHEREAS, City, at the request of Property Owner, intends to enter into an agreement
with a private consulting firm ("Consultant") to provide professional planning and
environmental services for City to expedite City's processing and review of the development
applications submitted by Property Owner, and
WHEREAS, City, as Lead Agency, will be required to process and approve all
environmental studies and documents for Property Owner's Projects which are permitted or
required pursuant to the applicable provisions of the National Environmental Policy Act, the
California Environmental Quality Act ("CEQA"), and other applicable environmental laws
(collectively, "Environmental Documents"), and
WHEREAS, Property Owner agrees to advance payment for all reasonable costs and
expenses that Property Owner approves and City incurs in utilizing the Consultant's services in
connection with the processing of the applications for entitlements for Property Owner's Projects
and any related Environmental Documents,
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Property One, LLC agree as follows.
AGREEMENT
Section 1 Funding Obligations
A Within ten (10) days of the date of written request of City and subject to Property
Owner's prior written approval of any estimate, Property Owner shall deposit the sum requested
in writing (the "Entitlements Deposit") by City to engage the Consultant to commence its
services with respect to the completed development entitlement applications submitted to City
by Property Owner for each of the Projects submitted by Property Owner to City The cost of
the Consultant's services will be estimated after Property Owner has filed completed
applications for a Project and provided to Property Owner for its review and approval In
addition, Property Owner shall pay City's actual costs, as represented by their respective fully
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burdened hourly rates, for each employee of City who performs administration and review of
the Consultant's services related to Property Owner's Projects The Entitlements Deposit will be
applied towards the total cost of the Consultant's services Property Owner shall thereafter make
payments to City for the balance of City's costs for the Consultant's services within ten (10)
days of the date City submits written invoices to Property Owner If the Entitlements Deposit is
exceeded, additional funds will be requested by City, if the deposit is not entirely spent, any
remaining funds will be returned to Property Owner Property Owner's Entitlement Deposits
shall not be applied to, not shall Property Owner be required to pay, any City Development
Services Department permit processing fees associated with Property Owner's Projects
submitted to City for processing pursuant to this Agreement
B Within ten (10) days of the date of written request of City and subject to Property
Owner's prior written approval of any estimate, Property Owner shall deposit the sum requested
in writing (the "Environmental Deposit") with City to engage the Consultant to commence work
on the Environmental Documents for Property Owner's Projects The cost of the Environmental
Documents will be estimated after Property Owner files completed applications for the Project
and provided to Property Owner for its review and approval The Environmental Deposit will
be applied towards the total cost of the Environmental Documents. In accordance with City's
fee resolution, City will assess an additional ten percent (10%) of the total cost of the
Consultant's environmental services to compensate City for its administration and review of the
Consultant's environmental work product related to the processing of Property Owner's Project
Property Owner 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 the Property Owner When the Environmental Deposit is reduced to
approximately twenty five percent (25%) of the amount initially deposited, additional funds will
be requested from Property Owner by City, if the deposit is not entirely spent, any remaining
funds will be returned to Property Owner Property Owner's deposits shall not be applied to, nor
shall Property Owner be required to pay, any City Development Services Department
environmental processing fees associated with Property Owner's Projects submitted to City
pursuant to this Agreement
Section 2 Compensation of Consultant The Consultant services for Property Owner's
Projects shall be compensated in accordance with the agreement that is attached hereto as
Exhibit "A" and incorporated herein by this reference Reimbursable expenses of the Consultant,
if any, shall be billed by City to Property Owner at the Consultant's actual cost
Section 3 Term The term of this Agreement shall commence on January 15, 2020 and
shall be effective until such time either party exercises their right to terminate pursuant to
Section 4 hereof
Section 4 Termination This Agreement may be terminated by either Party, in its sole
discretion, by providing not less than five (5) days prior written notice to the other Party The
Consultant shall be compensated by City on a pro -rata basis for Services completed up to the
date of termination
Section 5 Compliance Required Property Owner acknowledges that City may require
Property Owner to supply data and information to determine whether Property Owner's Project
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application is complete, whether Property Owner's Project may have a significant effect on the
environment, or to assist City and the Consultant in preparing the Environmental Documents
Property Owner shall promptly comply with all such requests by City
Section 6 Failure to Comply If, at any time, Property Owner unreasonably delays in
failing to provide City with information or data requested pursuant to Section 5 hereof, such
unreasonable delay shall suspend the running of the time periods described in State CEPA
Guidelines sections 15107 and 15108 for the period of such unreasonable delay Alternatively,
Property Owner acknowledges and agrees that City may, without liability to Property Owner,
disapprove the Project for Property Owner's delay in satisfying City's requirements
Section 7 Notices Any notice or other communication required, or which may be given,
pursuant to this Agreement, shall be m writing Any such notice shall be deemed delivered (i)
on the date of delivery in person, (n) 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 Desatmk
Development Services Director
35 Cajon Street, Suite 20
P 0 Box 3005 (mailing)
Redlands, CA 92373
bdesatnik@cityofredlands ora
909-798-7593
Property Owner
Donald J Berry, Jr
Property One, LLC
P O Box 7538
Redlands, CA 92375
dberry@esn.com
(909) 793-2853 x2252
Section 8 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 the Parties
Section 9. Entire Agreement/Amount. This Agreement represents the entire agreement
and understanding between the Parties as to the matters contained herein, and any pnor
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 authorized representatives of City and Property Owner
Section 10. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California
Section 11. Defense and Indemnity. Property Owner 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,
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firm, entity, corporation, political subdivision or other organization ansing out of or in
connection with City's processing of Property Owner's Projects
Section 12 No Third Party Beneficiary Property Owner acknowledges and agrees that
City's agreement with the Consultant to prepare the Environmental Documents for Property
Owner's Projects is for the benefit of the public and undertaken in compliance with City's
obligations under CEQA, and is not for the benefit of Property Owner
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
wntten above
CITY OF REDLANDS
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PROPERTY ONE, LLC
a California limited liability company
BY ITS MANAGER:
JUDSON & BROWN, LLC,
a Nevada limited Lability company
By
Paul W Foster, Mayor Donald Berry, Jr., Manager
ATTEST'
e Donaldson, City Clerk
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