HomeMy WebLinkAboutContracts & Agreements_65-2007_CCv0002.pdf ENVIRONMENTAL IMPACT REPORT
FUNDING AGREEMENT
This Agreement is made and entered into this 17th day of April, 2007, by and between the
City of Redlands,a municipal corporation(hereinafter"City")and Wal-Mart Stores,Inc.(hereinafter
"Applicant").
RECITALS
WHEREAS, Wal-Mart Stores, Inc. is the applicant ("Applicant") for a proposed 268,000
square foot commercial center on 40.86 acres located on the southeast comer of San Bernardino
Avenue and Tennessee Street (the "Project") which requires environmental review pursuant to the
California Environmental Quality Act ("CEQA"); and
WHEREAS,the City as Lead Agency has determined that an Environmental Impact Report
("EIR")will be clearly required for the Project pursuant to Section 15060 of the CEQA Guidelines;
and
WHEREAS, in accordance with City's Guidelines implementing CEQA, the EIR will be
prepared by a consultant under contract to City; and
WHEREAS,by executing this Environmental Impact Report Funding Agreement,Applicant
expressly agrees to advance payment for all costs and expenses City incurs in the preparation of the
EIR related to Applicant's Project;
NOW,THEREFORE,in consideration of the mutual promises contained herein,the City of
Redlands and Wal-Mart Stores, Inc. agree as follows:
AGREEMENT
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)(the"Deposit")with City to engage the consultant who will commence work on
the FIR. The estimated cost of the EIR is Three Hundred Thirty Two Thousand One Hundred Sixty
dollars ($332,160.00), which includes the sum of Two Hundred Seventy Six Thousand Eight
Hundred dollars($276,800.00) as the estimated fee for the consultant's work, and the sum of Fifty-
Five Thousand Three Hundred Sixty dollars ($55,360.00) 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. Compliance Required. Applicant acknowledges that City may require Applicant
to make additional payments,supply data and information to determine whether Applicant's Project
may have a significant effect on the environment, and to assist City and the consultant in preparing
the EIR. Applicant shall promptly comply with all such requests by City.
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Section 3. Failure to Comp. 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
cant
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. Governing 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 Beneficiar. 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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IN WITLESS WHEREOF, the Parties hereto have executed this Agreement on the dates
shown below.
CITY OF REDLANDS
By: Date April 17, 2007
Jon Harrison,Mayor
ATTEST:
Date April 17, 2007
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Wal-Mart Stores I e:
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By: T, Date �— 2007
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Title: Regional Vico President
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