HomeMy WebLinkAboutContracts & Agreements_170-2005_CCv0001.pdf ENVIRONMENTAL IMPACT REPORT
FUNDING AGREEMENT
This Agreement is made and entered into this 6th day of September, 2005, by the between
the City of Redlands, a municipal corporation (hereinafter "City") and Standard Pacific Homes
(hereinafter "Standard Pacific").
RECITALS
WHEREAS, Standard Pacific is the applicant ("Applicant") for a Single Family Planned
Residential Development (the "Project") which requires environmental review pursuant to the
California Environmental Quality Act("CEQA"); and
WHEREAS, the City's Environmental Review Committee has determined that an
Environmental Impact Report("EIR") must be prepared for the Project; and
WHEREAS, in accordance with City's Guidelines implementing EQA, the EIR will be
prepared by a consultant under contract to City; and
WHEREAS,by executing this Environmental Impact Report Funding Agreement,Applicant
expressly agrees to advance payment for all costs and expenses City incurs in the preparation of the
FIR related to Applicant's Project;
NOW,THEREFORE,in consideration of the mutual promises contained herein,the City of
Redlands and Standard Pacific Homes agree as follows:
AGREEMENT
Section 1. Funding Obligqjign. Within ten(10)days of the date of written request of City,
Applicant shall deposit the sum of Sixty-Seven Thousand Seven Hundred Eighty Eight Dollars
($67,788.00) (the "Deposit") with City to engage the consultant who will commence work on the
EIR. The estimated cost of the EIR is Sixty-Seven Thousand Seven Hundred Eighty Eight Dollars
($67,788.00) which includes the sum of Fifty-Six Thousand Four Hundred Ninety Dollars
($56,490.00)as the estimated fee for the consultant's work and the sum of Eleven Thousand Two
Hundred Ninety-Eight Dollars ($11,298.00) as the estimated administrative costs which will be
incurred by City. The Deposit will be applied towards the total cost of the EIR. Applicant shall
thereafter make payments to City for the balance of all other costs and expenses for preparation of
the EIR 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 EIR. Applicant shall promptly comply with all such requests by City.
djnf,agrce11R Reimbursement Standard Pacific Homes I
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. 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:
City Applicant
Jeff Shaw Standard Pacific Homes
Community Development Department 255 E. Rincon Street, Suite 200
P.O. Box 3005 Corona CA 92879
Redlands CA 92373
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 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 in-house
counsel of the Parties at rates prevailing in San Bernardino County, California.
Section 6. Entire Aareement/Amount. 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
Applicant.
Section 7. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
Section 8. Defense and Indemnity. Applicant shall defend, indemnify and hold harmless
City,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 of
Applicant's Project.
Section 9. No Third Party Beneficiary. Applicant expressly acknowledges and agrees that
City's contract with the consultant to prepare an EIR 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.
djuragreeTIR Reimbursement Standard Pacific Homes
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates
shown below,
CITY OF REDLANDS
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By: Date Sept. 6. 2005
san Peppler, Mayor
ATTEST:
Date Sept—6, 2005
City Jerk
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By: Date
Michael JRpresentative
Authorize for
Standard ic Homes
ATTEST:
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By: Date
Secretary
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