HomeMy WebLinkAboutContracts & Agreements_232B-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 7th day of December, 2021 ("Effective Date"), by and between the City
of Redlands, a municipal corporation (hereinafter "City") and Highpointe Canyon Ranch, LLC, a
California 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 tentative tract map
("TTM 20402") to subdivide a 21 6 acre site into 27 single-family residential lots with a minimum
lot size of 20,000 square feet, and a proposal to change the property's existing zoning from A-1
(Agriculture) to R-E (Residential Estate) (the "Project") located west of Nevada Street and north
of San Timoteo Canyon Road (APNs 0293-141-38-0000 and 0293-132-01- 0000, both of which
require 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 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 Highpointe Canyon Ranch, 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 thirty nine thousand four hundred fifty one dollars and fifty
cents ($39,451 50) (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 thirty five thousand eight hundred sixty five dollars
($35,865), and the contract administration fee is set at three thousand five hundred eighty six
dollars and fifty cents ($3,586.50) 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
1
L.\ca\djm\Agreements\Highpointe Canyon Ranch Developer Funding Agreement.EA 7 1.FY21-0051.docx.jn
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 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 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. 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, (ii) 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, 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, 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
besatnik@cityofredlands.org
(909) 798-7555
APPLICANT
Tim England, Chief Financial Officer
Highpointe Canyon Ranch, LLC
530 Technology, Suite 100
Irvine, CA, 92618
tim.england@highpointeinc.com
949-472-0800
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 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
to this Agreement shall be in writing, approved by the City Council of City and signed by City and
Applicant.
2
L.\ca\djm\Agreements\Highpointe Canyon Ranch Developer Funding Agreement.EA-7 1.FY21-0051.docx.jn
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, 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 have executed this Agreement as of the Effective
Date of this Agreement
CITY OF REDLANDS
1
arles M Duggan, Jr ,
City Manager
ATTEST
anne Donaldson, City Clerk
HIGHPOINTE CANYON RANCH, LLC
Tim England,
Serer e President (c)
3
L \ca\djm\Agreements\Highpomte Canyon Ranch Developer Funding Agreement.EA 7 1 FY21 0051.docx.jn