2018/10/24 Brookfield Residential SPA 2018-182/SP 2018-181MEMORANDUM OF UNDERSTANDING
ENVIRONMENTAL DOCUMENTATION
PREPARATION AND HANDLING THEREOF
PA 2yl23-112. / SP loin-LO/
�L _- 2-010- 201
Application Type(s) & No(s) Project Name/Project address crAPNs
This AGREEMENT, hereinafter referred to as the Memorandum of Understanding or "MOU," is
made and entered into, by and between the CITY OF MENIFEE, hereinafter referred to as the
"CITY," and t3 00*(�P_W ResQLatia l _, hereinafter referred to as "APPLICANT," and
AIbe(A fit• W41ob ftzpaakS hereinafter referred to as "ENVIRONMENTAL
CONSULTANT," for the purpose of establishing rights and responsibilities of all undersigned parties
hereto in relation to the preparation and handling of ENVIRONMENTAL DOCUMENTATION for the
above -referenced project. Any subsequent change in parties listed above, unless first agreed to in
writing by all parties, renders the MOU null and void.
The CITY, APPLICANT and ENVIRONMENTAL CONSULTANT do hereby agree as follows:
I. GENERAL TERMS
a. The CITY is the Lead Agency with land use and planning jurisdiction in the above -
referenced project area within the CITY, as it pertains to the CALIFORNIA
ENVIRONMENTAL QUALITY ACT, hereinafter referred to as "CEQA."
b. The APPLICANT has submitted an application for development of the above -referenced
Project. The CITY, as the lead agency, must determine whether or not the above -referenced
Project may have the potential to cause significant environmental impacts, necessitating the
preparation of an ENVIRONMENTAL IMPACT REPORT, hereinafter referred to as "EIR",
or other appropriate environmental documentation. Such determination shall be based upon
the preparation of an Initial Study in conformance to CEQA Guidelines CITY guidance.
c. The ENVIRONMENTAL CONSULTANT is a professional environmental consultant or
consulting firm included on the CITY's official Environmental Consultant List, retained by
the APPLICANT to prepare all necessary Environmental Documentation relating to the
Project in conformance with the requirements of CEQA.
d. The APPLICANT and ENVIRONMENTAL CONSULTANT shall be responsible to ensure
that all SUBCONTRACTED CONSULTANT(S) retained in relation to the preparation of the
Environmental Documentation comply with all terms and conditions set forth in this MOU.
MOU — Environmental Documentation Preparation and Handling
e. The ENVIRONMENTAL CONSULTANT and all SUB -CONTRACTED CONSULTANT(S)
shall not be a subsidiary or division of the APPLICANT.
f. The APPLICANT shall be responsible for one -hundred percent (100%) of all
Environmental Documentation preparation, review and distribution costs incurred by the
CITY and the ENVIRONMENTAL CONSULTANT in the documentation preparation
process.
g. The APPLICANT shall be responsible for one -hundred percent (100%) of the cost incurred
by the CITY for a third -parry review of any portion of the Environmental Document, if and
when such a review is deemed necessary by the CITY.
h. By signing this MOU, the ENVIRONMENTAL CONSULTANT and its SUB -CONTRACTED
CONSULTANT(S), if any, certify that all pertinent environmental information has been
disclosed to the CITY, and that no pertinent information has been omitted or deliberately
withheld from the CITY at the request of the APPLICANT or any other party.
i. The APPLICANT and the ENVIRONMENTAL CONSULTANT/SUB-CONTRACTED
CONSULTANT(S) shall not enter into any form of confidentiality agreement that prohibits
disclosure of information to the CITY or other public agencies.
ll. ENVIRONMENTAL DOCUMENTATION PREPARATION AND SUBMITTAL
a. The ENVIRONMENTAL CONSULTANT shall draft the Initial Study, including any
Mitigation Measures and Mitigation Monitoring Plan, as appropriate, and/or EIR in
accordance with CEQA, the CEQA Guidelines, with direction from CITY staff regarding its
form and content.
b. The APPLICANT AND ENVIRONMENTAL CONSULTANT shall ensure that the
ENVIRONMENTAL DOCUMENT and all related documents are prepared utilizing
accurate and verifiable field techniques and professional work performance standards,
and are prepared in conformance with all applicable CEQA requirements, and other CITY,
State and Federal rules, regulations and laws.
c. The ENVIRONMENTAL CONSULTANT shall verify that all ENVIRONMENTAL
DOCUMENT(S) represent the complete and independent judgment and analysis of the
Project -specific environmental setting, issues, potential impacts, and mitigation measures
associated with the above -referenced Project. All CEQA documents shall reflect the
independent judgment of the CITY and as such the City shall have the final decision on all
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MOU — Environmental Documentation Preparation and Handling
ENVIRONMENTAL DOCUMENT(S) prepared. All related special studies shall be
certified/signed as true and accurate by the ENVIRONMENTAL CONSULTANT and/or its
SUB -CONTRACTED CONSULTANT(S).
d. The ENVIRONMENTAL CONSULTANT shall submit all Environmental Documents to the
CITY concurrent with submittal to the APPLICANT. The CITY shall monitor and review
any subsequent changes to the Environmental Documents before the ENVIRONMENTAL
CONSULTANT resubmits the documents for formal review through CITY screen check
and/or public review processes. This does not preclude the APPLICANT from commenting
on the contents of the ENVIRONMENTAL DOCUMENT(S).
e. The CITY retains the right to attend meetings between the APPLICANT and the
ENVIRONMENTAL CONSULTANT and/or its SUB -CONTRACTED CONSULTANT(S),
and has the right to request such meetings.
f. Upon request, copies of all correspondence and draft technical reports generated by the
ENVIRONMENTAL CONSULTANT/SUB-CONTRACTED CONSULTANT(S) shall be
submitted to the CITY concurrent with submittal to the APPLICANT. Copies of any such
correspondence and reports pertaining to the ENVIRONMENTAL DOCUMENT(S)
generated by the APPLICANT for the ENVIRONMENTAL CONSULTANT shall also be
provided to the CITY, upon request, concurrent with submittal to the ENVIRONMENTAL
CONSULTANT.
g. Upon request, the ENVIRONMENTAL CONSULTANT/SUB-CONTRACTED
CONSULTANT(S) shall submit to the CITY all field notes, resource documents and
supplemental technical studies used in the preparation of the ENVIRONMENTAL
DOCUMENT(S).
III. INDEMNIFICATION
The APPLICANT shall defend, indemnify and hold harmless the CITY, its agents, officers,
and employees from any claim, action or proceeding against the CITY or its agents, officers
or employees to attack, set aside, void or annul certification of the ENVIRNMENTAL
DOCUMENT (including any EIR) and/or approval of the above -referenced Project. The
CITY shall notify the APPLICANT of any such claim, action or proceeding and the CITY
shall reasonably cooperate in the defense. The legal counsel selected by the APPLICANT
shall be submitted to the CITY for acceptance by the CITY.
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MOU —Environmental Documentation Preparation and Handling
IN WITNESS WHEREOF, the CITY, the APPLICANT, and the ENVIRONMENTAL CONSULTANT
have caused this AGREEMENT to be executed. Furthermore, under the penalty of perjury, the
APPLICANT and ENVIRONMENTAL CONSULTANT do agree that all documents submitted to the
CITY are in conformance with all requirements set forth in the MOU.
ATTESTED:
CITY OF MENIFEE-� L'' K .
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Signature of Community evetopr�i nt Director
bh
Printed Name of Commun
,yy Development Director
Date: _ 12
APPLICANT
Signature rincipal
Printed Name of Principal
Date: 9' Z�—/B
ENVIRO ENTAL CONSULTANT
Signature of Principal
51-epl� ►-ytb S -o yiak r-re r
Printed Namb Principal
Date: Li 'a0 -1 �