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EA 7 1(4/18) <br /> shall thereafter make payments to City for the balance of City's costs for preparation of the <br /> Environmental Documents within ten (10) days of the date City submits written invoices to <br /> Applicant <br /> Section 2 Compliance Required Applicant acknowledges that City may require <br /> Applicant to make additional payments, supply data and information to determine whether <br /> AppIicants Project may have a significant effect on the environment, and to assist City and the <br /> consultant in preparing the environment documents Applicant shall promptly comply with all <br /> such requests by City <br /> Section 3 Failure to Comply If, at any time, Applicant unreasonably delays in <br /> advancing monies as requested by City, paying any invoice from City when due, or failing to <br /> provide City with information or data requested pursuant to Section 2 hereof, such unreasonable <br /> delay shall suspend the running of the time periods described in State CEQA Guidelines sections <br /> 15107 and 15108 for the period of such unreasonable delay Alternatively, Applicant <br /> acknowledges and agrees that City may, without liability to Applicant, disapprove the Project for <br /> Applicant's delay in satisfying City's requirements <br /> Section 4 Notices Any notice or other communication required, or which may be <br /> given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered <br /> (i) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, <br /> with return receipt requested, (in) on the actual delivery date if deposited with an overnight <br /> courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously <br /> by first class, certified, registered or express mail, in each case propeily posted and fully prepaid <br /> to the appropriate address set forth below, or such other address as a Party may provide notice in <br /> accordance with this section <br /> CUt Applicant <br /> City Clerk Benjamin M Horning <br /> City of Redlands Director of Development <br /> 35 Cajon Street, Dedeaux Properties <br /> P O Box 3005 (mailing) 1299 Ocean Avenue, 9th Floor <br /> Redlands, CA 92373 Santa Monica, CA 90401 <br /> Section 5 Attorneys' Fees In the event any action is commenced to enforce or interpret <br /> any of the terms or conditions of this Agreement the prevailing Party shall, in addition to costs <br /> and any other relief, be entitled to recovery of its reasonable attorneys' fees, including fees for <br /> use of in-house counsel by a Party <br /> Section 6 Entire Agreement/Amendment This Agreement represents the entire <br /> agreement and understanding between the Parties as to the matters contained herein, and any <br /> prior negotiations, proposals or verbal agreements are superseded by this Agreement Any <br /> amendment to this Agreement shall be in writing, approved by the City Council of City and <br /> signed by City and Applicant <br /> 2 <br /> L, caldjm\AgreementsTunding Agreement with Dedeaux Properties.doc <br />