Contracts & Agreements_173B-2023

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EA-7.1 (12.8.21) FUNDING AGREEMENT FOR PROFESSSIONAL ENVIRONMENTAL REVIEW SERVICES FOR A PRIVATE PROJECT This funding agreement for professional environmental review services ("Agreement") is made and entered into this 19th day of September 2023 ("Effective Date"), by and between the City of Redlands, a municipal corporation (hereinafter "City") and CarMax Auto Superstores, Inc., a Virginia Corporation (hereinafter "Applicant"). City and Applicant are sometimes individually referred to herein as a "Party" and, together, as the "Parties." RECITALS WHEREAS, Applicant has filed an application with City for a proposal to amend the East Valley Corridor Specific Plan to allow pre -owned automobile sales as a permitted land use (without sales of new automobiles), automobile refurbishing and reconditioning facility with outdoor vehicle storage yard as a permitted use, within the Commercial General (EV/CG) District of the East Valley Corridor Specific Plan and 2) Construct a pre -owned automobile sales and service/reconditioning facility consisting of a 4,958 square foot sales building, a 39,621 square foot service/reconditioning building, a 2,772 square foot quality control building, a 936 square foot non-public carwash building, a private fuel tank/dispenser, and operate an outdoor vehicle storage on approximately nine acres. Related site improvements include customer and employee parking lots, driveways and associated landscape areas, vehicle staging and storage areas. (the "Project") located on the west side of New York Street at West Brockton Avenue on a 18.56-acre project site, approximately 1,000 feet north of West Colton Avenue in the General Commercial (EV/CG) District of the East Valley Corridor Specific Plan (APNs: 0169-011-38-0000 and 0169- 011-39-0000).which requires environmental review pursuant to the California Environmental Quality Act ("CEQA"); and WHEREAS, City, as Lead Agency, has determined that an Initial Study (the "IS") for the Project will be required pursuant to Section 15063 of the State CEQA Guidelines; and WHEREAS, the IS will be prepared by a consultant approved by and under contract to City; and WHEREAS, by executing this Agreement, Applicant expressly agrees to advance payment for all costs and expenses the City incurs in the preparation of the IS related to Applicant's Project and for any associated investigations, environmental studies, and documents permitted or required by CEQA or other federal or state law in connection with the processing of Applicant's Project (collectively, the "Environmental Documents"); NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and CarMax Auto Superstores, Inc. agree as follows: 1 I:\cmo\Agreements\CarMax Auto Superstores, Inc. FY22-0257.docx jmV2 Doc ID: b93e368cb767e7f65ac9e84398eff29fba59858a