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HomeMy WebLinkAboutContracts & Agreements_172-2008_CCv0001.pdf ADDENDUM TO ENVIRONMENTAL IMPACT REPORT FUNDING AGREEMENT This Agreement is made and entered into this2l day of August, 2008, by the between the City of Redlands,a municipal corporation(hereinafter"City") and Walton Development, LLC (hereinafter"Applicant"). RECITALS WHEREAS, Applicant is the developer for Tentative Tract Map nos. 16465 and 16627 (the "Project") which require further environmental review pursuant to the California Environmental Quality Act("CEQA"); and WHEREAS, the City as Lead Agency has determined that an addendum to a previously certified Environmental Impact Report("EIR"), dated June, 2005, will be required for the Project pursuant to Section 15164 of the CEQA Guidelines; and WHEREAS, in accordance with City's Guidelines implementing CEQA, the addendum will be prepared by a consultant under contract to City; and WHEREAS, by executing this Addendum to Environmental Impact Report Funding Agreement, Applicant c,eprcssly agrees to advance payment for all costs and expenses City incurs in the preparation of the addendum related to Applicant's Project; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and Walton Development, 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 Ten Thousand Six Hundred Eighteen Dollars ($10,618) (the "Deposit")with City to engage the consultant who will commence work on the addendum. The estimated cost of the addendum is Ten Thousand Six Hundred Eighteen Dollars ($10,618), which includes the sum of Eight Thousand Eight Hundred Forty-Nine Dollars($8,849)as the estimated fee for the consultant's work and the sum of One Thousand Seven Hundred Sixty-Nine Dollars ($1,769)as the estimated administrative costs which will be incurred by City. The Deposit will be applied towards the total cost of the addendum. Applicant shall thereafter make payments to City for the balance of al I other costs and expenses for preparation of the addendum 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 1Aca\djm\AgrceMentslAddendujn to FIR Funding Agreement.doc 1 8/12108 1:034 assist City and the consultant in preparing the addendum. 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. 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: giy- Applicant Oscar Orci Walton Development, LLC Community Development Department 2001 Financial Way, Suite 103 P.O. Box 3005 Glendora, CA 91741 Redlands CA 92373 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 tf.e 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 a Party. 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. 1Aakdjm\AgreeMChtskAddendurn to EIR Funding Agreement.doc 2 8112/08 1;034 x lection 9. No Third Pa Ben- icia Applicant expressly acknowledges and agrees that City's contract with the consultant to prepare an EIR 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 an the dates shown below. CITY OF REDLANDS By: ._ on Harrison,`Mayor Date { ATTEST: C1tyCferk Date a WALTON DEVELOPMENT,LLC By: verett Hughes Date ` 6 I:leatdj tAgreementslAdd ndum to EIR Funding Agrcement.doc 3 8/12/08 1:034 p.