SECOND AMENDMENT TO
REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF REDONDO BEACH
AND CATALINA FUND LLC
THIS SECOND AMENDMENT (‘Second Amendment”) is made between the City of Redondo Beach, a Chartered Municipal Corporation (“City”) and CATALINA FUND LLC, a California Limited Liability Company (“CATALINA FUND”).
WHEREAS, on August 20, 2019, the parties hereto originally entered into that certain Reimbursement Agreement between the City and CATALINA FUND (‘Agreement’) to reimburse the City for the costs associated with the environmental review and the associated legal review for the project located at 100-132 North Catalina Avenue; and
WHEREAS, on February 2, 2021, the parties hereto entered into a First Amendment (“First Amendment”) to the Agreement to increase the reimbursable amounts; and
WHEREAS, City and CATALINA FUND desire to amend the Agreement pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, the parties hereby agree to make the following amendments to the Agreement:
1. Section 3 Environmental Review; Consultants; Payments: Sections 3D, 3E, and 3F are hereby amended as follows:
Section 3D: “The maximum reimbursement amount CATALINA FUND agrees to pay under this Agreement shall be $239,583.”
Section 3E: Exhibit A attached to the Agreement is hereby replaced in its entirety with the following:
SUMMARY OF REIMBURSABLE COSTS
Section 3F: “Within 14 days after the Effective Date of this, CATALINA FUND shall make a payment of $14,800 to City as a full advance on City's costs and fees for the environmental review by Consultants ("Advance"). This amount reflects the previous payments of $224,783 already remitted.”
2. Modification. Except as expressly set forth herein, the Agreement shall continue in full force and effect. The Agreement together with this Second Amendment and First Amendment constitute the entire agreement between the parties and supersedes any previous oral or written agreement. In the event of any inconsistency between this Second Amendment, the First Amendment and the Agreement the terms of this Second Amendment shall prevail. This Second Amendment may be modified or amended only by a subsequent writing executed by all of the parties and approved by the City Council. [SIGNATURES ON FOLLOWING PAGE]
SERVICE PROVIDER OF
SERVICE
COST OF
SERVICE
Preparation of
Environmental Impact
Report (EIR) and Traffic
Study
Rincon Consultants, Inc. $193,858
CEQA and Land Use Legal
Counsel Best & Krieger $45,725
Total Reimbursable
Costs $239,583
IN WITNESS WHEREOF, the parties hereto have entered into this Second Amendment as of this 1st day of March, 2022.
CITY OF REDONDO BEACH CATALINA FUND, LLC
A California Limited Liability Company
______________________________ By: _____________________________ William C. Brand, Mayor Name: __________________________ Title: ___________________________
APPROVED AS TO FORM:
Michael W. Webb, City Attorney
APPROVED:
_______________________________
Diane Strickfaden, Risk Manager
ATTEST:
________________________________
Eleanor Manzano, City Clerk