HomeMy WebLinkAboutContracts & Agreements_83-2009_CCv0001.pdf SECOND AMENDMENT TO ENVIRONMENTAL IMPACT REPORT
FUNDING AGREEMENT
This second amendment (this "Second Amendment") to the Environmental Impact
Report Funding Agreement dated August 7, 2007 (the "Agreement") by and between the City of
Redlands, a municipal corporation (hereinafter "City"), and On Texas Street LLC, a Delaware
limited liability company (hereinafter "Applicant"), is made and entered into this 2nd day of
June, 2009.
RECITALS
WHEREAS, it is the desire of the City and Applicant to amend Section I of their existing
Agreement, entitled "Funding Obligation;" and
WHEREAS, the deposit referenced in Section lof the Agreement has been fully paid by
Applicant; and
WHEREAS, to date, Applicant has paid the sum of Four Hundred Seven Thousand
Eighty-One dollars (S 407,081) to City pursuant to the Agreement; and
WHEREAS, Applicant presently owes City Fifteen Thousand Nine Hundred Eight-One
dollars ($ 15,981) pursuant to the Agreement;
NOW, THEREFORE, the Agreement between City and Applicant is hereby amended to
read as follows:
AGREEMENT
Section 1. The following amendment shall be made to Section 1, entitled "Funding
Obligation, "of the Agreement.
"Section 1. Funding Obligation. Within ten (10) days of the date of written
request of City, Applicant shall deposit the sum of Eighty-Eight Thousand dollars
($88,000) (the "Deposit") with City to engage the consultant who will commence
work on the EIR. The estimated cost of the EIR is Four Hundred Twenty-Three
Thousand Seven Hundred Nineteen dollars ($423,719.00) which includes the sum
of Three Hundred Fifty-Three Thousand Ninety-Nine Dollars ($353,099.00) as
the estimated fee for the consultant's work and the sum of Seventy Thousand Six
Hundred Ten dollars ($70,610.00) 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 ten (10) days of the date City
submits written invoices to Applicant."
Section 1. All other provisions of the Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment, to be
effective as of June 2, 2009.
CITY OF REDLANDS ON TEXAS STREET, LLC
By:
By: '�dl� -'-4ayor 4Jo�nison
ATTEST: Name:
Title:
Lorrie
po'yzeryzer, Cit Cit br-1
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