HomeMy WebLinkAboutContracts & Agreements_11-2009_CCv0001.pdf SECOND AMENDMENT TO ENVIRONMENTAL IMPACT REPORT
FUNDING AGREEMENT
This second amendment(this"Second Amendment")to the Environmental
Impact Report Funding Agreement dated 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 3rd day of
February, 2009.
RECITALS
WHEREAS, City has received notice from its environmental consultant for
Applicant's project that it will be necessary to update the traffic and urban decay studies,
revise the existing Notice of Preparation("NOP") and recirculate the NOP for public
review 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 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 sum 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 Four
Hundred Ninety-Four Thousand Seven Hundred Sixty Dollars($494,760.00)which
includes the sum of Four Hundred Twelve Thousand Three Hundred Dollars
($412,300.00)as the estimated fee for the consultant's work and the sum of Eighty-Two
Thousand Four Hundred Sixty Dollars($82,460.00)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.
IN WITNESS WHEREOF,the Parties hereto have executed this Second
Amendment,to be effective as of February 3, 2009.
CITY OF REDLANDS
By: J Date .3-
3 nlHarr-isb'n,Mayor
ATTEST:
Lt Date
Lort- 'Poyzer,citv' I rk
WAU,&kf STORES,INC.
X"
By: Date c —ck
me
Title: Regional,"Vice President
ATTEST:
By: Date
-
Sectary
2