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2017/09/21 City of Menifee Environmental Documentation Menifee Town CenterMEMORANDUM OF UNOERSTANDING ENVI RONMENTAL DOCU MENTATION PREPARATION AND HANDLING THEREOF lnitial Studv, Development Area 5, Menifee Town Center 360-130-013-5, 360-130-014-6, 360-130-016-8 Applicatbn Typa(s) & No(s) Pdecf Nane/Pmiect address or APNS This AGREEMENT, hereinaffer referred to as the Memorandum of Understanding or "MoU," is made and entered into, by and between the clTY oF MENIFEE, hereinafter referred to as the ,C|TY," and Stark Menifee Land, LLC , hereinafter referred to as "APPLICANT," and CAJA Environmental Services , hereinafter referred to as "ENVIRONMENTAL CONSULTANT," forthe 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. GENERALTERMS a. The Clry is the Lead Agency with land use and planning iurisdiction 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 Projecl. The CITY, as the lead agency, must determine whether or nol the above-referenced Project may have the potential to ceuse significant environmental impacts, necessitating the preparation of an ENVIRONMENTAL IMPACT REPORT, hereinafter referred to as "ElR', or other appropriate environmental documentation. Such determination shall be based upon the preparation of an lnitial 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 Proiect 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. sc,{,l;iio 2 )-:,.. lbot - oot 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 lhe clTY 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 clTY for a third-party 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, ceniry 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. II. ENVIRONMENTALOOCUMENTATIONPREPARATIONANDSUBMITTAL a. The ENVIRONMENTAL CONSULTANT shall draft the lnitial Study, including any Mitigation Measures and Mitigation Monitoring Plan, as appropriate, and/or EIR in accordance with CEQA. the CEQA Guidelines, with dkection from CITY staff regarding its form and conlent. b. The APPLICANT AND ENVIRONMENTAL CONSULTANT ShAII ENSUTC 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 conformancewith allapplicable 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 iudgment 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 2 MOU - Environmental Documentation Preparation and Handling ENVIRoNMENTALDocUMENT(s)prepared.AllrelatedSpecialstudiesshallbe 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 clTY concurrent with submiftal 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 clTY screen check and/or public review processes. This does not preclude lhe 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 lield notes, resource documents and supplemental technical studies used in the preparatlon of the ENVIRONMENTAL DOCUMENT(S). III. INOEMNIFICATION 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 employ€es 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. 3 MOU - Environmental Documentation Preparation and Handling IN WlTNESS 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: OF MENIFEE Signaturc of Printed Name of Devolopmenl Diractor q Date:&r J Dinkin, Aulhorized Signatory of Stark Menifee Land, LLC Pintod Name ol Pincipal Date: Septembe|19,2017 ENVIRO AL CONSULTANT Signaturc of rrts Pinled Name Pincipal Date tl 14t1 4 0r4L