HomeMy WebLinkAboutContracts & Agreements_106B-2004_CCv0001.pdf W alton Development LLC A SUBSIDIARY OF THE WALTON ASSOCIATED COMPANIES
2001 financial way, suite 200/glendora, california 91741-4602/(626) 963-8505/fax (626) 914-7016
July 15, 2004
Jeff Shaw
Community Development Director
City of Redlands
P.O. Box 3005
Redlands CA 92373
Re: E.I.R. Contract
Dear Jeff-
Enclosed please find two signed copies of the proposed contract and our deposit check for
$10,000. We would appreciate anything that can be done to expedite this report.
As future payments are required, please "fax" me a copy of the request and I will send the
required payment the next day. My fax number is 626/852-7620.
Thanks for your assistance.
Sincerely,
President-verett W. Hughes, Jr.
Presid
ent
EWH/lm
Enclosures
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The
Walton
Associated
Companies
ENVIRONMENTAL IMPACT REPORT
FUNDING AGREEMENT
This Agreement is made and entered into this 20th day of July, 2004, by the between the City
of Redlands, a municipal corporation(hereinafter"City")and Walton Development, LLC (hereinafter
"Walton").
RECITALS
WHEREAS, Walton is the applicant ("Applicant") for a Single Family Planned Residential
Development(the"Project")which requires preparation of an Environmental Impact Report ("EIR"),-
and
"EIR");and
WHEREAS, in accordance with City's Guidelines implementing the California Environmental
Quality Act ("CEQA"), the EIR will be prepared by a consultant under contract to City; and
WHEREAS, Applicant proposes that the Project be processed with an EIR which will be
prepared by a consultant under contract to City and paid for by Applicant; and
WHEREAS, by executing this Environmental Impact Report Funding Agreement, Applicant
expressly agrees to advance payment for all costs and expenses City and the consultant incur in the
preparation of the EIR 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. Applicant shall deposit the minimum sum of Ten Thousand
Dollars($10,000.00)with City to engage the consultant who will commence work on the EIR. The
estimated cost of the EIR is Sixty-Five Thousand Nine Hundred Fifty-two Dollars ($65,952.00)
which includes the sum of Fifty-Five Thousand Dollars $55,000.00) as the estimated fee for the
consultant's work and the sum of Ten Thousand Nine Hundred Ninety-Two Dollars ($10,992.00) as
the estimated administrative costs which will be incurred by City. The deposit will be applied towards
the total cost of the EIR. Applicant shall thereafter make payments to City for the balance of all other
costs and expenses for preparation of the EIR within fifteen(15)days of the date City submits written
invoices to Applicant.
Section 2. Compliance Required,. Applicant acknowledges that City may require Applicant
to supply data and information both to determine whether Applicant's Project may have a significant
effect on the environment and to assist City and the consultant in preparing the EIR. Applicant shall
promptly comply with all such requests by City.
Section 3. Failure to CgnVly. If, at any time, Applicant unreasonably delays in paying
any invoice from City when due, or in 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
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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, bills and payments issued pursuant to this Agreement
shall be in writing and may be given by personal delivery or by mail. Notices, bills and payments sent
by mail shall be addressed as follows:
city Applicant
Jeff Shaw Everett Hughes, President
Community Development Department Walton Development, LLC
P.O. Box 3005 2001 Financial Way, Suite 200
Redlands CA 92373 Glendora CA 91741
When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In
all other instances, notices, bills and payments 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, bills, and payments
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 provisions of this Agreement the prevailing party shall be entitled to recover, in addition to
its costs and other relief, its reasonable-attorneys' fees.
Section 6. Entire Agreement. 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
attorney 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 PaM Beneficiary. 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 WI-IEREOF, the parties hereto have executed this Agreement on the dates
shown below,
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CITY OF REDLANDS
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By: Date Y 20, 2004
S san Peppier, Mayor
ATTEST:
Date_ July 20, 2004
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Everett Hughes, President
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