HomeMy WebLinkAboutContracts & Agreements_5-2003_CCv0001.pdf AGREEMENT
This Agreement is made this 7th day of January, 2003,by and among,the City of Redlands,
amunicipal corporation("City"),the Redlands Redevelopment Agency,astate entity organized zed and
existing under the laws of the State of California("Agency") and Michael Phillips ("Phillips").
RECITALS
WHEREAS, Phillips proposes to lease certain improved property located at One East State
Street in the City of Redlands (the "Property") in which Phillips proposes to open and operate a
restaurant facility; and
WHEREAS, the Property is located within the boundaries of the City's Specific Plan,
Property City's
45 and within the Redevelopment j
Pr ect Area of the Agency; and
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Whereas, Philips has requested, and the City and Agency have agreed, that the Agency
provide financial assistance to Phillips by paying $57,000 towards the capital improvement fees
Phillips would otherwise be required to pay to the City in connection with water and sewer service
for the restaurant; and
Whereas, it is the desire of the parties to set out their respective obligations with regard to
the Agency's financial participation for Phillips' restaurant facility;
Now,therefore,in consideration of the mutual promises contained herein,and for such other
good and valuable consideration the receipt of which is hereby acknowledged,the City of Redlands,
the Redevelopment Agency of the City of Redlands and Michael Phillips agree as follows:
AGREEMENT
Section 1. Reduction in Capital Improvement Fees. Pursuant to action by the Redlands
City Council on December 17, 2002, Phillips is not obligated to pay, in connection with the
development of his restaurant facility on the Property, 100% of the City's water and sewer capital
improvement fees that the City imposes for development of the restaurant. Specifically, fees in the
amount of$57,000 are"waived"by the City Council,with the understanding that such amount shall
be paid to the City by the Agency.
Section 2. Time of Payanent. The Agency shall pay $57,000 to the City at the time of
the City's issuance of a certificate of occupancy to Phillips for his restaurant facility.
Section 3. Compliance with Labor Code. Phillips acknowledges and agrees that as a
result of the Agency's financial assistance to Phillips, Phillips may be required to comply with the
California Labor Code's"Prevailing wage,"and other,laws in connection with any work-undertaken
by Phillips on the restaurant facility. Phillips agrees to comply with all such laws and to defend,
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indemnify and hold the City and the Agency harmless from any and all claims that Phillips has not
complied with such laws.
Section 4. Attorneys'pees. In the event any action is commenced to enforce or interpret
the terms of this Agreement, the prevailing party in such action shall, in addition to any costs and
other relief,be entitled to the recovery of its reasonable attorneys' fees.
Section 5. Amendment. This Agreement may be amended only by written instrument
executed by the parties hereto.
REDLANDS REDEVELOPMENT AGENCY ATTEST:
By:
Secretary
CITY OF REDLANDS ATTEST:
By:
City Clerk
MICHAEL PHILLIPS
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Michael Phillips
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indemnify and hold the City and the Agency harmless from any and all claims that Phillips has not
complied with such laws.
Section 4. Attorneys'Fees. In the event any action is commenced to enforce or interpret
the terms of this Agreement, the prevailing party in such action shall, in addition to any costs and
other relief,be entitled to the recovery of its reasonable attorneys' fees.
Section 5. Amendment. This Agreement may be amended only by written instrument
executed by the parties hereto.
REDLANDS REDEVELOPMENT AGENCY CITY OF REDLANTDS
By; By:
Karl N. Haws, Chairman Karl N. Haws, Mayor
Attest:
By: By:
Jo Davids Executive Director 1-6'rrie Poyzer,'W Clerk
Attest:
By:
Lrrie PoyzeK* etary
RESTAURANT OPERATOR
Michael Phillips