HomeMy WebLinkAboutContracts & Agreements_3-2020LA 7 1 (1 29 19)
FUNDING AGREEMENT FOR PROFESSSIONAL ENVIRONMENTAL REVIEW
SERVICES FOR A PRIVATE PROJECT
This funding agreement foi professional environmental review services ("Agreement") is
made and entered into this 7th day of January, 2020 ("Effective Date"), by and between the City
of Redlands, a municipal corporation (hereinaftei "City") and Holy Name of Jesus Catholic
Community, a an incorporated company (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 foi a proposed church and school
facility which includes nine buildings totaling 161,484 square feet of building area on 19 46 gross
acres (the "Project") located on the north side of Lugoma Avenue and approximately 300 feet
west of Dearborn Street, in the Residential Estate (R -E) District (APNs 0168-161-02-0000 and
0168-161-02-0000) 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") for the
Project will be requii ed pursuant to Sections 15063 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
foi all costs and expenses the City incurs in the preparation of the IS related to Applicant's Project
and foi any associated investigations environmental studies and documents permitted 01 required
by CEQA or othei federal 01 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 The Holy Name of Jesus Catholic Community, Inc 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 five hundred thirty dollars (868,530) (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 three hundred dollars (862 300) and the contract administration
fee is set at six thousand two hundred thirty dollars (56,230) 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 oil 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 thereaftei make payments to City foi the
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balance of City s costs foi 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 m
preparing the environment documents Applicant shall promptly comply with all such requests by
City
Section 3 Failure to Comply lf, at any time, Applicant unreasonably delays in advancing
monies as requested by City, paying any invoice from City when due, 01 failing to provide City
with information oi data requested pursuant to Section 2 hereof, such unreasonable delay shall
suspend the runnmg of the time periods described in State CEQA Guidelines sections 15107 and
15108 tor the period of such unreasonable delay Alternatively, Applicant acknowledges and
agrees that City may, without liability to Applicant, disapprove the Project foi Applicant's delay
in satisfying City's requirements
Section 4 Notices Any notice oi othei communication required 01 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 aftei deposit in first class registered mail, with
return receipt requested, (ni) on the actual delivery date if deposited with an overnight courier, 01
(iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class,
certified, registered 01 express mail, m each case properly posted and fully prepaid to the
appropriate address set forth below, 01 such other address as a Party may provide notice in
accordance with this section
City
Brian Desatnik Directoi
Development Service Department
35 Cajon Street, Ste 20
P 0 Box 3005 (mailing)
Redlands, CA 92373
bdesatnik a cityofiedlands org
(909) 798-7555
Applicant
Fi Erik Esparza, President
Holy Name of Jesus Catholic Community, Inc
115 W Olive Ave
Redlands CA 92373
sserernbe@sbdiocese org
(909) 793-2469
Section 5 Attorneys Fees In the event any action is commenced to enforce 01 interpret
any of the terms 01 conditions of this Agreement the prevailing Party shall, in addition to costs and
any othei relief, be entitled to recovery of its reasonable attorneys' fees, including fees for use of
in-house counsel by a Party
Section 6 Entire Agi cement/Amendment. This Agreement represents the entire agreement
and understanding between the Parties as to the natters contained herein, and any prior
negotiations, proposals 01 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
By
KT'
Janice cConnell,
Assistant City Manager
Attest
Jean
onaldson, City Clerk
HOLY NAME OF JESUS CATHOLIC
COMMUNITY, INC
By
Fr Erik sparza, resident
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