HomeMy WebLinkAboutFunding Agree-Kaiser Foundation HospitalFUNDING 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 August, 2023 ("Effective Date"), by and between the City
of Redlands, a municipal corporation (hereinafter "City") and Kaiser Foundation Hospitals, a
California Nonprofit 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 new medical
center project consisting of a new hospital facility and two new medical office buildings, new
parking structure, new parking lots, and related on -site improvements and other facilities to serve
the development (the "Project") located at 1301 California Street (APN: 0167-441-07-0000) 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 Kaiser Foundation Hospitals 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 two hundred and fifteen thousand and four hundred and sixty-
eight dollars ($215,468.00) (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 one hundred ninety-five thousand and eight hundred
and eighty dollars ($195,880.00), and the contract administration fee is set at nineteen thousand
and five hundred and eighty-eight dollars ($19,588.00). 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
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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. 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.O. Box 3005 (mailing)
Redlands, CA 92373
bdesatnik@cityofredlands.org
(909) 798-7555
APPLICANT
Mark F. Itzigsohn,
InterimVice President of
National Facilities Services
Kaiser Foundation Hospitals
74 N. Pasadena Avenue, 8th Floor
Pasadena, CA 91103
Mark.F.Itzigsohn@kp.org
(626) 381 — 3913
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
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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, 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
Charles M. Duggan, J
City Manager
ATTEST:
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,g)"I'gR)
Donaldson, City Clerk
KAISER FOUNDATION HOSPITALS
Mark F. Itzigsohn, Interim Vice President,
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California All -Purpose Certificate of Acknowledgement
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
4k
On this 1 day of vj , 2023, before me, Laura J Mahaffey, a Notary
Public, personally appeared MARK F. ITZIGSOHN, who proved to me on the basis of satisfactory
evidence to be the person, whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity and that by his signature on the instrument
the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Cattr ahaffe otary Publi
TITLE OF THE DOCUMENT:
LAURA J, MAHAFFEY
Notary Public - California
Los Angeles County t
Commission # 2313114
My Comm, Expires Dec 17, 2023
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DATE OF DOCUMENT: L> VZ..3
NUMBER OF PAGES: `�