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THIRD AMENDMENT TO ENVIRONMENTAL
IMPACT REPORT FUNDING AGREEMENT
This third amendment (this "Third 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 I st day of September,2009.
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 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 Five Hundred Fifty-One Thousand
Four Hundred Ninety-Six Dollars ($551,496.00) which includes the sum of Four Hundred Fifty
Nine Thousand Five Hundred Eighty Dollars ($459,580.00) as the estimated fee for the
consultant's work and the sum of Ninety-One Thousand Nine Hundred Sixteen Dollars
($91,91.6.00) 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.
1AcaWjmlAgreements9rd Amdmt Walmart Funding Agreement.doe I
IN WITNESS WHEREOF,the Parties hereto have executed this Third Amendment, to be
effective as of September 1, 2009.
CITY OF REDLANDS
By: v' i Date -l- dD
Joson, Mayor
r,
ATTEST:
Date - e 9
Lorrioyzer,Ci er
WAL T S RES, I
By: Date
ame
Title: Re0ional Vice President
ATTEST:
By: Date
Secretary
1Acaldjm\A tst3rd Amdmt Walmaat Funding Agreement.doc 2
CONSENT CALENDAR
Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember
Gallagher, the City Council unanimously approved the minutes of the regular
meetings of August 4, 2009, and August 18, 2009, as submitted.
Salaries and Bills - Due to a potential conflict of interest, Councilmember Bean
retired from the Council Chambers and did not participate in this matter; a Public
Disclosure of Potential Conflict of Interest form is on file in the City Clerk's
Office. Councilmember Gilbreath moved to approve payment of salaries and
bills. Motion seconded by Councilmember Gallagher and carried with
Councilmember Bean having abstained.
Ordinance No. 2721 - S,pecific Plan No. 61 - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council unanimously
adopted Ordinance No. 2721, an ordinance of the City of Redlands rescinding
the R-1 zoning designation established by prior ordinance and adopting Specific
Plan No. 61 for the properties designated by the County of San Bernardino
Assessor's Parcel Nos. 0167-221-13, 0167-221-14, 0167-371-01, 0167-372-01
and 0167-373-01 (San Bernardino County Housing Authority, applicant)_
Time Extension - CR&A No. 837 - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously approved
the request for an extension of time for Commission Review and Approval No.
837 for an approved mini-storage facility containing 60,857 square feet of
building area, two industrial buildings that are each 11,880 square feet in size
and a 14,285 square foot industrial building Iocated on the northeast corner of
Wabash Avenue and Nice Avenue(Ron Simus, applicant).
Amendment - EIR - Wal-Mart Stores, Inc. - On motion of Co ncilmember
Gilbreath, seconded by Councilmember Gall motion
Council
unanimously approved Amendment o the agreement with Michael
Brandman Associates for the rsioa of professional consulting services
to prepare an Envi ental Impact Report for the Redlands Crossing
Project (Wal-M�tI on approximately 45.?I acres located on the southeast
corner of San Bernardino Avenue and Tennessee Street and authorized the
Mayor to execute, and the City Clerk to attest to, the document on behalf
of the City.
Amendment - EIR Funding - Wal-Mart Stores. Inc. - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved Amendment No. 3 to the Raiding agreement with
Wal-Mart stores, Inc. to fund the preparation of an Environmental Impact
Report for the Redlands Crossing Project (Wal-Mart) on approximately
45.71 acres located on the southeast corner of San Bernardino Avenue and
September 1, 2009
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