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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 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 15t08 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; (iii) on the actual delivery date if deposited with an overnight courier; <br />or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed <br />with a copy sent contemporaneously by first class, certified, registered or express mail; in each <br />case properly posted and fully prepaid to the appropriate address set forth below, or such other <br />address as a Party may provide notice in accordance with this section: <br />CITY <br />Brian Desamik, Director <br />Development Services Department <br />35 Cajon Street, Ste. 20 <br />P.O. Box 3005 (mailing) <br />Redlands, CA 92373 <br />bdesatnik@cityofredlands.org <br />(909)798-7555 <br />APPLICANT <br />Nicole Torstvet, <br />VP, Development -Entitlements <br />Duke Realty Tennessee St LP <br />3546 Concours Street, Suite 100 <br />Ontario, CA 91764 <br />ntorstvet@prologis.com <br />(909)673-8727 <br />Section 5. Attorneys' Fees. In the event any action is commenced to enforce or <br />interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to <br />costs and any other relief, be entitled to recovery of its reasonable attorneys' fees, including fees <br />for 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 prior <br />negotiations, proposals or verbal agreements are superseded by this Agreement. Any amendment <br />to this Agreement shall be in writing, approved by the City Council of City and signed by City and <br />Applicant. <br />Section 7. Governing Law. This Agreement shall be governed by, and construed in <br />accordance with, the laws of the State of California. <br />2 <br />1:\cmo\Agreements\Duke Realty Tennessee Street LP Funding Agreement FY25-0088 (.v2).docx-ms <br />