HomeMy WebLinkAboutContracts & Agreements_114-2008_CCv0001.pdf DEVELOPMENT IMPACT FEE STUDY
FUNDING AGREEMENT
This Agreement is made and entered into this 15'h day of July, 2008,by and
between the City of Redlands, a municipal corporation(hereinafter"City")and Senior
Housing Services, LLC (hereinafter"Developer"). City and Developer are sometimes
individually referred to herein as a"Party" and,together,as the"Parties."
RECITALS
WHEREAS,Developer has proposed a senior housing development project on
approximately 4.76 acres located on the north side of Orange Avenue, 300 feet east of
Kansas Street,in the R-3 Multi-family Residential District(the"Project"); and
WHEREAS, because its Project is a senior housing project, Developer claims that
the Project will have a lesser demand on City's water capital facilities than a"typical"
residential development project and therefore should not be subject to City's existing
water capital improvement fee; and
WHEREAS,Developer has agreed to fund a development impact fee study("DIF
Study")to ascertain whether Developer's Project does in fact have a lesser impact on
City's water capital facilities; and
WHEREAS, the DIF Study will be prepared by a consultant under contract to
City-, and
WHEREAS,by executing this Agreement, Developer expressly agrees to advance
payment for all costs and expenses City incurs in the preparation of the DIF Study,
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the City of Redlands and Senior Housing Services, LLC agree as follows:
AGREEMENT
Section 1. Funding Obligation. Within ten(10)days of the date of written
request of City, Developer shall deposit the sum of twenty-seven thousand nine hundred
dollars($27,900)(the"Deposit")with City to engage a consultant who will commence
work on the DIF Study. The estimated cost of the DIF Study is twenty-seven thousand
nine hundred dollars($27,900)which includes the sum of twenty-one thousand eight
hundred dollars($21,800)as the estimated fee for the consultant's work and the sum of
six thousand one hundred dollars($6,100)as the estimated administrative costs which
will be incurred by City. The Deposit will be applied towards the total cost of the DIF
Study. Developer shall thereafter make payments to City for the balance of all other
costs and expenses for preparation of the DIF Study within ten(10)days of the date City
submits written invoices to Developer.
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61,
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Section 2. 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 mail shall be
addressed as follows:
QY Developer
Rosemary Hoerning John R. Saunders, Manager
Municipal Utilities and Engineering Director Senior Housing Services, LLC
Municipal Utilities and Engineering Department c/o Jameson Company
P.O. Box 3005 4 Salerno
Redlands CA 92373 Irvine, CA 92614
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 '. 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 4. 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 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 Developer.
Section 5. Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
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INT WITNESS WHEREOF. the Parties hereto have executed this Agreement on
the dates shown below.
CITY OF REDLANDS
By:
Date:
Mayor
ATTEST:
Date: 7t
Ciperk
SENIOR HOUSINT G SERVICES, LLC
By: _ � Date:
h i . Saunders, Manager
ATTEST:
By: Date:
Secretary
6/200 08:19,m,
Ordinance No. 2706 - Parking.,Standards for Town Center Historic District -
Ordinance No. 2706, an ordinance of the City of Redlands amending Specific
Plan No. 45 and Ordinance No. 2185 relating to parking standards for the Town
Center Historic District, was unanimously adopted on motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher.
Resolution No. 6730 - CFD 2004-1 Annexation - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously adopted Resolution No. 6730, a resolution of the City Council of
the City of Redlands declaring results of an election for Annexation No. 3 to
Community Facilities District No. 2004-1 for Tract No. 17253 located on the
southwest comer of Church Street and Lugonia Avenue, determining that the
territory to be annexed is added to and part of said Community Facilities District
and ordering the recording of a map of the boundaries of said Community
Facilities District including the territory annexed thereto.
Resolution No. 6733 - CFD 2004-1 - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously adopted
Resolution No. 6733, a resolution of the City Council of the City of Redlands
levying special taxes within the City of Redlands Community Facilities District
No. 2004-1 for Tract No. 16408, Centex. Homes and Tract No. 16287 for
Francis Hyong.
Agreements - Senior -Housing Services, LLC - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the
City Council unanimously approved a funding agreement with Senior
Housing Services, LLC for advance payment for a development impact fee
study and approved a professional service agreement with Raftelis
Financial Consultants for said development impact fee study and
authorized execution of said documents.
Ag,reement .- Water Quality Management Plan—'Review - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved a consultant services agreement with AEl-
CASC Consulting, to provide engineering consultant services for a water quality
management plan review and authorized the Mayor to execute, and the City
Clerk to attest to, the document on behalf of the City.
Agreement - Plan/Mai) Review Services - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved a consultant services agreement with AEI-CASC
Consulting to provide engineering consulting services for plan./map review and
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City.
July 15,2008
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