HomeMy WebLinkAboutContracts & Agreements_65-07_CCv0001.pdf Section 3. Failure to Come. If, at any time, Applicant unreasonably delays in advancing
monies as requested by City,paying any invoice from City when due,or failing to provide City with
information or data requested pursuant to Section 2 hereof, such unreasonable delay shall suspend
the running of the time periods described in State CEQA Guidelines sections 15107 and 15108 for
the period of such unreasonable delay. Alternatively,Applicant acknowledges and agrees that City
may,without liability to Applicant, disapprove the Project for Applicant's delay in satisfying City's
requirements.
Section 4. Notices. All notices given pursuant to this Agreement shall be in writing and may
be given by personal delivery or by mail. Notices, sent by mail shall be addressed as follows:
City Applicant
Jeff Shaw Wal-Mart Stores, Inc.
Community Development Department c/o Mark A. Ostoich, Esq.
P.O. Box 3005 Gresham, Savage Nolan & Tilden
Redlands CA 92373 550 E. Hospitality Lane, Suite 300
San Bernardino, CA 92408
When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In
all other instances, notices shall be deemed given at the time of actual delivery. Changes may be
made in the names and addresses of the person to whom notices are to be given by giving notice
pursuant to this Section.
Section 5. Attorneys'Fees. In the event any action is commenced to enforce or interpret any
of the terms or conditions of this Agreement the prevailing Party shall, in addition to costs and any
other relief, be entitled to recovery of its reasonable attorneys' fees, including fees for in-house
counsel of the Parties at rates prevailing in San Bernardino County, California,.
Section 6. Entire.Agreement/Amount. This Agreement represents the entire agreement and
understanding between the Parties as to the matters contained herein, and any prior negotiations,
proposals or verbal agreements are superseded by this Agreement. Any amendment to this
Agreement shall be in writing, approved by the City Council of City and signed by City and
Applicant.
Section 7. Governiny, Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
Section 8. Defense and Indemnity. Applicant shall defend, indemnify and hold harmless
City,its elected officials,officers,employees and agents from and against any and all actions,claims,
demands, lawsuits, losses and liability for damages to persons or property, including costs and
attorneys' fees, that may be asserted or claimed by any person, firm, entity, corporation, political
subdivision or other organization arising out of or in connection with City's processing of
Applicant's Project.
Section 9. No Third Party Beneficiary Applicant expressly acknowledges and agrees that
City's contract with the consultant to prepare an EIR for Applicant's Project is for the benefit of the
public and undertaken in compliance with City's obligations under CEQA, and is not for the benefit
of Applicant,
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LSI WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates
shown below.
CITY 4E R.EDLANDS
BY Date April 171 2007
Jon Harrison,Mayor
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will provide the City and the public with detailed information about the effects
of a project and identify how impacts may be minimized and to indicate
alternatives to the project. The scope of work also identifies that there will be
an evaluation of re-use potentials of the existing Wal-Mart, and the
Environmental Impact Report will identify potential mitigation relative to this
impact. A representative from Michael Brandman Associates was present at
this meeting. Opposing the proposed Wal-Mart Supercenter were: representing
the Lugonia Community Association Eddie Tejeda, Joe Lanspa who submitted a
DVD entitled Wal-Mart, the high cost of low price, Elvin Huck, Bill
Cunningham, Richard Heitz, Keith Osajima on behalf of the Redlands United
Church of Christ, Laura Palmer and Oscar Sepp. Representing Wal-Mart were
Jennifer Gunther and Mike Blackmon. City Clerk Poyzer reported two e-mails
in support and one e-mail and telephone call opposing the project were received.
Contract - EIR - Councilmember Gilbreath moved to approve a contract
with Michael Brandman Associates for preparation of the Environmental
Impact Report for the Wal-Mart Supercenter project in the amount of
$276,800.00 and authorized the Mayor to execute, and the City Clerk to
attest to, the document on behalf of the City. Motion seconded by
Councilmember Gallagher and carried by AYE votes of all present.
Funding Agreement - Councilmember Gilbreath moved to approve a
funding agreement with Wal-Mart Stores, Inc. in the amount of
$332,160.00 to fund preparation of an Environmental Impact Report
for the Wal-Mart Supercenter project and a 20 percent contract
administration fee and authorized the Mayor to execute, and the City
Clerk to attest to, the document on behalf of the City. Motion seconded
by Councilmember Gallagher and carried by AYE votes of all present.
COMMUNICATIONS
Meeting Attendance - No reports forthcoming.
Development Impact Fee Program - Public Works Director Mutter reported this
is a continuation of scheduled workshops to review and discuss the proposed
development impact fee update for the Public Works Department. The Public
Works Department has been working with MuniFinancial to develop a
comprehensive update to the department's development impact fee program.
These fees cover the costs associated with infrastructure and facility impacts
caused by new development. The program covers fees in the following areas:
general government facilities, library facilities, police facilities, park facilities,
fire facilities, storm drain facilities and transportation facilities. In the first
workshop on March 20, 2007, the City Council heard a presentation. from the
consultant, MuniFinancial on the proposed fee update. The various fees and the
program changes were discussed during the presentation. On April 3, 2007,
staff presented a comparison of the current versus the proposed fees, a
comparison of fees charged by other agencies and answers to several other
April 17, 2007