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EA 7 1 (4118) <br />City's costs for preparation of the Environmental Documents within ten (10) days of the date <br />City submits written invoices to 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 />Applicant's 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 CompIy If, at any time, Applicant unreasonably delays in <br />advancing monies as requested by City, paying any invoice from City when due, of 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 aftei deposit in first class registered mail, <br />with return receipt requested, (iii) on the actual delivery date if deposited with an overnight <br />courier, of (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, of such other address as a Party may provide notice in <br />accordance with this section <br />City <br />Brian Desatnik, Director <br />City of Redlands <br />35 Capon Street, Ste 20 <br />P O Box 3005 (mailing) <br />Redlands, CA 92373 <br />Applicant <br />Timothy Barzal <br />1600 Orange, LLC <br />2358 University Ave #33 <br />San Diego, CA 92104 <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 />Section 7 Governing This Agreement shall be governed by, and construed in <br />accordance with, the laws of the State of California <br />2 <br />L Icaldjm\Agreements\Fimding Agreement FINAL 1600 orange CEQA Service Agmt.EA 7 1 doc <br />