HomeMy WebLinkAboutContracts & Agreements_125-2011_CCv0001.pdf FIFTH AMENDMENT TO ENVIRONMENTAL IMPACT REPORT
FUNDING AGREEMENT
This fifth amendment (this "Fifth 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 6t'day of September, 2011.
RECITALS
WHEREAS, City has received notice from its environmental consultant for
Applicant's project that it will be necessary to update the traffic, air quality and the text of
the draft environmental impact report as a result of revisions to the project description; 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 1 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 (l 0) days of the date of written request
of City, Applicant shall deposit the sum of One Hundred Ninety-Three Thousand Seven
Hundred Sixty Dollars ($193,760) (the "Deposit") with City to engage the consultant who
will commence work on the EIR. The estimated cost of the EIR is Six Hundred Eighty
Nine Thousand Sixteen Dollars ($689,016) which includes the sum of Five Hundred
Seventy Four Thousand One Hundred Eighty Dollars ($574,180) as the estimated fee for
the consultant's work and the sum of One Hundred Fourteen Thousand Eight Hundred
Thirty Six Dollars ($114,836) 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.
I
I:1caldjm\Agreementslwa1mart Funding Agreement 5th Amendment EIR.doe
IN WITNESS WHEREOF, the Parties hereto have executed this Fifth Amendment
to be effective as of September 6, 2411.
CITY OF REDLANDS WALMART STORES, INC.
r
By:-, By:---
�2Pete Aguilar, Mayor J hn E. dark
Title: 'dice President of Real Estate
ATTEST:
By:
ATTEST:
Sam Irwin, City C erk
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