HomeMy WebLinkAboutContracts & Agreements_112-2011_CCv0001.pdf ENVIRONMENTAL DOCUMENTS
FUNDING AGREEMENT
This Environmental Documents Funding Agreement ("Agreement") is made and entered
into this 19th day of July, 2011 ("Effective Date"), by and between the City of Redlands, a
municipal corporation("City") and ShowProp Redlands LLC ("ShowProp"). City and
ShowProp are sometimes individually referred to herein as a Party and, together, as the Parties.
RECITALS
WHEREAS, ShowProp proposes to file an application with City for a development
project (the "Project") for property located at 330 N. Third Street, Redlands, California, which
requires environmental review pursuant to the California Environmental Quality Act ("CEQA")
and the National Environmental Policy Act ("NEPA"); and
WHEREAS, City desires to engage the services of a consultant to prepare the necessary
environmental documents that will be required for the Project; and
WHEREAS, by executing this Agreement, ShowProp expressly agrees to advance
payment for all costs and expenses City incurs for the preparation of the Environmental
Documents and City's administrative fee related to the processing of ShowProp's Project;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and ShowProp Redlands LLC agree as follows:
AGREEMENT
Section 1. Project„Description. Pursuant to the terms of a Conditional Property
Disposition Agreement (the "LPDA") entered into among City, the Redevelopment Agency of
the City of Redlands and ShowProp, ShowProp proposes to submit an application to City for a
development project for the Property. As of the date of this Agreement, ShowProp has not
submitted such application to City, but ShowProp has represented to City, since City's approval
of the LPDA, that ShowProp intends to submit an application for a retail grocery store project.
ShowProp acknowledges and agrees that this Agreement is premised upon such application
being filed; and, in the event ShowProp submits a different project application, a new funding
agreement with City will be required.
Section 2. Funding Obligation. Within five (5)business days of the date of written
request of City, ShowProp shall deposit the sum of Twenty Four Thousand Dollars ($24,000)
[$20,000 towards the cost of documents and $4,000 towards the cost of City's administrative fee]
(the"Deposit") with City to engage the consultant who will commence work on the
Environmental Documents. The estimated full cost of preparation of the Environmental
Documents is Forty Nine Thousand Dollars ($49,000) if a Mitigated Negative Declaration is
prepared for the Project, and One Hundred Twenty Five Thousand Dollars ($125,000) if an
Environmental Impact Report is prepared for the Project. ShowProp shall also be required to pay
City an administrative fee of twenty percent (20%) of the cost preparation of the Environmental
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Documents. The Deposit will be applied towards the full cost of the Environmental Documents
and the administrative fee, and ShowProp shall thereafter make payments to City for the balance
of any other costs and expenses for preparation of the Environmental Documents within five(5)
business days of the date City submits written invoices for the same to ShowProp.
Section 3. Compliance Required. ShowProp acknowledges that City may require
ShowProp to make additional payments, supply data and information to determine whether
ShowProp's Project may have a significant effect on the environment, and to assist City and the
consultant in preparing the Environmental Documents ShowProp shall promptly comply with all
such requests by City.
Section 4. Failure to Comply. If, at any time, ShowProp 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 3 hereof, such delay shall suspend the running
of the time periods described in State CEQA Guidelines sections 15107 and 15108 for the period
of such delay. Alternatively, ShowProp acknowledges and agrees that City may, without
liability to ShowProp, disapprove the Project for ShowProp's delay in satisfying City's
requirements.
Section 5. 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 mai] shall be addressed as
follows:
City ShowPmR
Oscar Orci George Krikorian
Development Services Department ShowProp Redlands LLC
City of Redlands 2275 W. 190th Street, Suite 201
P.O. Box 3005 Torrance, CA 90540
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 7. 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 regarding the same 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 ShowProp,
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Section S. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
Section 9. Defense and Indemnity. ShowProp 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 ShowProp's Project.
Section 10. No Third Party Beneficiary. ShowProp expressly acknowledges and agrees
that City's contract with the consultant to prepare the environmental documents for ShowProp's
Project is for the benefit of the public and undertaken in compliance with City's obligations
under CEQA and NEPA, and is not for the benefit of ShowProp.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of its
Effective Date.
CITY OF REDLANDS SHOWPROP REDLAND
By: It By:
Pete Agui ar, Mayor George korian, Pres
ATTEST:
By: K. a c
Sam Irwin, City Clerk, rr�tl
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