HomeMy WebLinkAboutContracts & Agreements_230B-2021EA-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 8th day of December, 2021 ("Effective Date"), by and between the City
of Redlands, a municipal corporation (hereinafter "City") and Southern California Edison, a
California 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 applications with City for Commission Review and
Approval No 935 and Lot Line Adjustment No. 663 to construct a proposed eighty three thousand
eight hundred seventy five (83,875) square foot warehouse/storage/administration building, and
associated on -site and off -site improvements (the "Project"), located 10616 Kansas (APNs. 0292-
182-05-0000 and 0292-182-04-0000) 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 Southern California Edison 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 four thousand six hundred one dollars and sixty cents
($34,60160) (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 one thousand four hundred fifty six dollars ($31,456.00), and
the contract administration fee is set at written dollar amount of three thousand one hundred forty
five dollars and sixty cents ($3,145.60). 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
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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
Meredith Tavaglione, CRE Senior Program Manager
Southern California Edison
8631 Rush Street
Rosemead, CA 91770
Meredith.Tavaglione@sce.com
949-274-1009
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.
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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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 SOUTHERN CALIFORNIA EDISON
By By �, }` •-,. 1 �, i
Charles M Duggan, Jr , Meredith Tavaglione
CRE Senior Program Manager
City Manager
ATTEST
ne Donaldson, City Clerk
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