HomeMy WebLinkAboutContracts & Agreements_34A-2020EA 7 1 (1 29 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 13th day of March, 2020 ("Effective Date"), by and between the City
of Redlands, a municipal corporation ("City") and Redlands Palm Investment, LLC, a California
limited liability company ("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 thirty-two (32) lot
subdivision on 8 8 gross acres (the "Project") located at 301 W Palm Avenue, in the Residential
Suburban (R -S) District (APN 0173-231-05-0000) 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 required 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
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 Redlands Palm Investment, LLC 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 fifty one thousand five hundred fifty seven dollars ($51,557)
(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 forty six thousand eight hundred seventy dollars ($46,870), and City's contract
administration fee is set at four thousand six hundred eighty-seven dollars ($4,687) Applicant
acknowledges that Applicant is obligated by this Agreement to pay to City the full, actual cost
incurred by City 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 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
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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 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 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 foi 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 01 other communication required, of 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 m 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 couriei, 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
Nolan Leggio, Director of Forward Planning
Diversified Pacific
10621 Civic Center Diive
Rancho Cucamonga, CA 91730
NLeggio@diversifiedpacific com
(909) 373-2628
Section 5 Attorneys' Fees In the event any action is commenced to enforce or interpret
any of the terms of 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 of 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 associated with (i) City's entry into this Agreement
and the subsequent processing and approval of the Environmental Documents and the Project, and
(ii) 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 dor 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
Charles M Duggan Jr , C a . _er
ATTEST
ne Donaldson, City Clerk
REDLANDS PALM INVESTMENT, LLC
A California limited liability company
By Diversified Pacific Development Group,
LLC, a California Iimy d liability company
By
Matthew , J • dan,
Co -Ma e gi ; Member
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