HomeMy WebLinkAboutContracts & Agreements_119A-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 3rd day of June, 2020 ("Effective Date"), by and between the City of
Redlands, a municipal corporation (hereinafter "City") and Duke Realty, a limited liability corp
(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 Planned
Development to construct two warehouses approximately 115,000 and 305,000 square feet,
respectively, for a total of 420,000 square feet with related on-site and off-site improvements (the
"Project") located on the northeast corner of Mountain View Avenue and Interstate 10 (APNs
0292--032-31-0000, 0292-032-36-0000, and 0292-032-48-0000) 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") foi the
Project will be required pursuant to Section 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 fat any associated investigations, environmental studies, and documents permitted or required
by CEQA of other 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 Duke 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 Seventy -Seven Thousand One Hundied Five Dollars and Sixty
Cents ($77,105 60) (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 Seventy Thousand Ninety -Six Dollars ($70,096), and
the contract administration fee is set at written dollar amount of Seven Thousand Nine Dollars and
Sixty Cents ($7,009 60) 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 to City for the balance of City's costs for preparation of
L 1caldjmlAereements\Duke Realty Developer Funding Agreement EA 7 1 6.3.20.doex.jn
EA -7 1 (1 29 19)
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, of 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 AppIicant's delay
in satisfying City's requirements
Section 4 Notices Any notice or other 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, (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, 01
(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 addiess 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
Michael Weber, Development Services Managei
Duke Realty
200 Spectrum Center Drive, Suite 1600
Irvine, CA 92618
michael weber@dukerealty coin
(949) 797-7048
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 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 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 veibal 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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EA71(12919)
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 DUKE REALTY
By• �,��- ---
By
Charles M Duggan Jr , rty . nager Michael Weber,
Development Services Manager
ATTEST
e Donaldson, City Clerk
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