HomeMy WebLinkAboutContracts & Agreements_50-2016 ENVIRONMENTAL REVIEW
FUNDING AGREEMENT
This funding agreement ("Agreement") is made and entered into this 15`x' day of
March, 2016, by and between the City of Redlands, a municipal corporation (hereinafter
"City") and Property One, LLC, (hereinafter "Applicant"). City and Applicant are
sometimes individually referred to herein as a"Party" and, together, as the "Parties."
RECITALS
WHEREAS, Property One, LLC is the applicant (Applicant) for a proposed
project consisting of a± 94,000 square foot commercial center on 10.13 acres located on
the west side of Eureka Street, between the Interstate 10 Freeway and Stuart Avenue (the
"Project"), which was previously approved for a 149,800 square foot commercial center,
known as Redlands Promenade, and requires environmental review pursuant to the
California Environmental Quality Act ("CEQA"); and
WHEREAS, the City as Lead Agency has determined that an Addendum to the
previously certified Environmental Impact Report ("EIR") for the Redlands Promenade
Project will be required pursuant to Sections 15162 and 15164 of the CEQA Guidelines;
and
WHEREAS, in accordance with City's Guidelines implementing CEQA, the
environmental documents will be prepared by a consultant 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 environmental
document related to the Applicant's Project;
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the City of Redlands and Property One, 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 Five Thousand dollars ($5,000) (the
"Deposit") with City to engage the consultant who will commence work on the
environmental document. The estimated cost of the environmental document is Sixteen
Thousand Eight Hundred dollars($16,800)which includes the sum of Fourteen Thousand
Nine Hundred dollars ($14,900) as the estimated fee for the consultant's work and the
sum of One Thousand Nine Hundred dollars ($1,900) as the estimated administrative
costs which will be incurred by City. The Deposit will be applied towards the total cost
of the environmental document. Applicant shall thereafter make payments to City for the
balance of all other costs and expenses 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.
AIternatively, 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. All notices given pursuant to this Agreement shall be in
writing and may be given by personal delivery or by mail. Notices, sent by mail shall be
addressed as follows:
City Applicant
Oscar Orci, Director Don Ben-y, General Manager
Development Services Department Property One, LLC
35 Cajon Street, Su. 20 P.O. Box 7538
Redlands, CA 92373 Redlands, CA 92375
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. In all other instances, notices shall be deemed given at the time of actual delivery.
Changes may be made in the names and addresses of the person to whom notices are to
be given by giving notice pursuant to this Section.
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 the Parties.
Section 6. Entire Agreement/Amount. 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.
Section 8. Defense and Indemnity. Applicant shall defend, indemnify and hold
harmless City, 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 of Applicant's Project.
Section 9. No Third Party Beneficiary, Applicant expressly acknowledges and
agrees that City's contract with the consultant to prepare environmental docull-lents 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 on
the dates shown below,
CITY OF REDLANDS
Date:
Paul W. Foster, Mayor
�7-
By: Date:
Don Berry,
Title: General Manager
ATTEST:
Date:
Sam yty Clerk