HomeMy WebLinkAboutContracts & Agreements_27A-2022FUNDING 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 3rd day of March, 2022 ("Effective Date"), by and between the City of
Redlands, a municipal corporation (hereinafter "City") and Vantage One Real Estate Investments
V, LLC, a California limited liability company (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 Parcel
Map to merge two San Bernardino County Assessor Parcel, Nos. 0169-281-30-0000 and 0169-
281-31-0000, into one parcel, approximately 1 48 acres in size, a Commission Review and
Approval for the construction of a 4-story, 145 unit multi -family residential apartment building;
an amendment to Specific Plan No 45 to establish a maximum building height in the Town Center
— Historic (TC/H) District of four stories, not to exceed a building height of fifty-five (55) feet;
and a demolition permit for an approximately 39,395 square foot retail buildings (collectively, the
"Project"), and
WHEREAS, City has determined that an Initial Study ("IS") for the Project shall be
prepared by a consultant approved by, and under contract to, City pursuant to Section 15063 of the
State Guidelines implementing the California Environmental Quality Act ("CEQA"), 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 for 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 Vantage One Real Estate Investments V, 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 one hundred twenty nine thousand eight hundred twenty
six dollars and forty cents ($129,826 40) (the "Deposit") with City to engage a professional
consultant who will commence preparation of the Environmental Documents The present
estimated cost of the Environmental Documents is estimated to be one hundred eighteen thousand
twenty four dollars ($118,024), and the contract administration fee is set at eleven thousand eight
hundred two dollars ($11,802) 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 City's costs for
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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 Desatmk, Director
Development Service Department
35 Cajon Street, Ste 20
P 0 Box 3005 (mailing)
Redlands, CA 92373
bdesatnik@cityofredlands.org
(909) 798-7555
APPLICANT
Thomas N Robinson, Manager
Vantage One Real Estate Investments V, LLC
4 Corporate Plaza Drive, Suite 210]
Newport Beach, CA 92660
Tom@vlinvest.com
(949) 631+6620
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.
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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 arismg 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
Charles M Duggan, Jr , i M. : ger
ATTEST
JelOnaldson, City Clerk
VANTAGE ONE REAL ESTATE
INVESTMENTS V, LLC
zz
Thom'
s N Robison, Manager
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