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HomeMy WebLinkAboutContracts & Agreements_185-2010_CCv0001.pdf FOURTH AMENDMENT TO ENVIRONMENTAL IMPACT REPORT FUNDING AGREEMENT This fourth amendment (this "Fourth Amendment") to the Environmental Impact Report Funding Agreement dated April 17, 2007 (the "Agreement") by and between the City of Redlands, a municipal corporation (hereinafter "City"), and Wal-Mart Stores, Inc., (hereinafter "Applicant"), is made and entered into this 7t" day of December, 2010. RECITALS WHEREAS, City has received notice from its environmental consultant for Applicant's project that it will be necessary to update several technical studies concerning traffic, urban decay, air quality, and noise studies, as well as prepare a San Bernardino Kangaroo Rat trapping survey and report, and incremental project management costs associated with this augmentation-, and WHEREAS, such additional work will correspondingly result in an increase in costs for preparation of the environmental documents associated with Applicant's project', and WHEREAS, it is the desire of City and Applicant to amend Section I of their Agreement, entitled "Funding Obligation," to address the increased costs associated with the environmental documents being prepared for Applicant's Project. NOW, THEREFORE, City and Applicant agree as follows: AGREEMENT Section 1. Section I of the Agreement between City and Applicant is hereby amended to read as follows: "Section 1. Funding Obligation. Within ten (10) days of the date of written request of City, Applicant shall deposit the SLIM of One Hundred Ninety-Three Thousand Seven Hundred Sixty Dollars ($193,760.00) (the .'Deposit") with City to engage the consultant who will commence work on the EIR. The estimated cost of the EIR is Five Hundred Ninetv-Nine Thousand Six Hundred Sixteen Dollars ($599,616.00) which includes the sum of Four Hundred Ninety Nine Thousand Six Hundred Eighty Dollars ($499,680.00) as the estimated fee for the consultant's work and the sum of Ninety-Nine Thousand Nine Hundred Thirty-Six Dollars ($99,936.00) 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 2. All other provisions of the Agreement shall remain in full force and effect. Amdmt Walmart FUMfifIg AtiYeement doc I IN WITNESS WHEREOF. the Parties hereto have executed this Fourth Amendment to be effective e as of Se/ember \ 2009, CITY OFREDLANDS BS ` JD& � ' ? D Date / / Mayor ATTEST: ©~ D&t /a/ \»mIlrlin .r/\r% WA 6% ES qC. < / �^ B: ^ Date y 2©) / Nay / z ~ � Td ATTEST: By .� . Date S"Ury w lca'Jlm'Agree«nts14ih }