HomeMy WebLinkAboutContracts & Agreements_26C-2020EA 7 1 (119 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 24th day of February, 2020 ("Effective Date"), by and between the City
of Redlands, a municipal corporation (hereinafter "City") and LDC Industrial Realty, 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 Commission
Review and Approval to construct an approximately 179,400 square foot multi -tenant industrial
warehouse building on two parcels to be merged into one and related on site improvements
including parking lot, landscaping, and lighting on a 9 01 acre parcel (the "Project") located at
10843 New Jersey Street and 10797 New Jersey Street 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 Section 15063of 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 LDC Industrial Realty 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 Thirty Six Thousand Two Hundred Twelve Dollars ($36,212)
(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 Thirty Two Thousand Nine Hundred Twenty Dollars ($32,920), and the contract
administration fee is set at Three Thousand Two Hundred Ninety Two Dollars ($3,292) 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 cost of the Environmental Documents Applicant shall thereafter make payments
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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 0 Box 3005 (mailing)
Redlands, CA 92373
bdesatnik@cityofredlands org
(909) 798-7555
Applicant
Larry Cochrun, Principal
LDC Industrial Realty
555 North El Camino Real #A456
San Clemente, CA 92672
Icochrun@ldcindustrial com
(949) 226-4601
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 herem, 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 LDC INDUSTRIAL REALTY
By
Lint L
By
Charles M Duggan Jr" v f La
ochrun,
City Manager Principal
Attest
ne Donaldson, City Clerk
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