HomeMy WebLinkAboutContracts & Agreements_233B-2021FUNDING 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 December, 2021 ("Effective Date"), by and between the
City of Redlands, a municipal corporation (hereinafter "City") and Terracina Recovery, LLC, 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 subdivision
approximately 64.56 gross acres for a Planned Residential Development with 67 single family
residential lots that range from 14,027 to 40,037 square feet in size and nine lettered lots for open
space and water quality purposes, constructed in two phases. (the "Project") located north of
Reservoir Road at Wabash Avenue in the Residential Estate (R-E) District (APNs 0174-281- 13-
0000, 0299-213-11-0000, 0299-213-12-0000, 0299-213-13-0000, 0299-213-14-0000, and 0299-
213-21-0000), with related grading and street improvements related to the construction of a portion
of Wabash Avenue on APNs (0174-281-24-0000, 0174-281-28-0000, and 0174-281-26-0000)
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 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 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 Terracina Recovery, 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 seventy one thousand nine hundred eighty five dollars and
ten cents ($71,985 10) (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 sixty five thousand four hundred forty one dollars
($65,441), and the contract administration fee is set at six thousand five hundred forty four dollars
and ten cents ($6,544 10) Applicant acknowledges that Applicant is obligated by this Agreement
1
L:\ca\djm\Agreements\Temacina Recovery Funding Agreement.EA-7 1.FY21-0064.doexjn
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
the Environmental Documents within ten (10) days of the date City submits written invoices to
Applicant
Section 2 Compliance Required Apphcant acknowledges that City may require
Apphcant to make additional payments, supply data and mformation to determine whether
Applicant's Project may have a significant effect on the environment, and to assist City and the
consultant m 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 momes 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 Guidehnes 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, (11) five (5) days after deposit m first class registered mail,
with return receipt requested, (in) on the actual delivery date if deposited with an overnight courier,
or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed
with a copy sent contemporaneously by first class, certified, registered or express mail, m 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
Bnan Desatnik, Director
Development Service Department
35 Cajon Street, Ste 20
P 0 Box 3005 (mailmg)
Redlands, CA 92373
bdesatmk@cityofredlands org
(909) 798-7555
Applicant
Mohamad T Younes, Senior Vice President
Terracina Recovery, LLC
690 East Green Street, Suite 200
Pasadena, CA 91101
Mohamad y@inlandcorp co
(323) 874-8000
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, m addition to
costs and any other relief, be entitled to recovery of its reasonable attorneys' fees, mcludmg 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 verbal agreements are superseded by this Agreement Any amendment
2
L \ca\djm\Agreements\Terracina Recovery Funding Agreement.EA-7 1.FY21-0064.docx.in
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 m
accordance with, the laws of the State of California
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 of property,
including costs and attorneys' fees, that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision or othei organization arising out of or m 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 Apphcant'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 TERRACINA RECOVERY, LLC
By
4
Charles M Dugga , i ,
City Manager
ATTEST
e Donaldson, City Clerk
By
Mohamad T Younes,
Semoi Vice President
3
L \ca\djm\Agreements\Terracina Recovery Funding Agreement.EA-7 1.FY21-0064.docx jn