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REV: 07-23-21 VR <br />FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT <br />BETWEEN THE CITY OF REDWOOD CITY AND <br />RWC SEQUOIA STATION, LLC <br />This First Amendment to Reimbursement Agreement between the City of <br />Redwood City and RCW Sequoia Station, LLC (“First Amendment”) is entered into as <br />of ___ day of July, 2021 (“Effective Date”) by and between the City of Redwood City, a <br />charter city and California municipal corporation (“City”) and RWC Sequoia Station, LLC, <br />a Delaware limited liability company (“Developer”). The City and Developer are referred <br />to herein individually as “Party” or collectively as the “Parties.” <br />RECITALS <br />A. The Parties entered into that certain Reimbursement Agreement between <br />the City of Redwood City and RCW Sequoia Station, LLC dated May 10, 2021 <br />(“Agreement”), for the purpose of requiring Developer to reimburse City for resources <br />expended during the evaluation of the Developer’ proposed Project (as defined in Recital <br />B of the Agreement), including any necessary California Environmental Quality Act <br />(“CEQA”) review. <br />B. The Developer’s Project is located within and comprises 12 of the 17.5 <br />acres (or approximately 70 percent) of the City’s Transit District, generally located <br />between the Caltrain tracks to the east, Jefferson to the south, El Camino Real, California <br />and Perry to the west, and Brewster to the north (the “Transit District”). The City will <br />conduct CEQA review of the Transit District, which will provide a programmatic level <br />environmental review for Downtown Precise Plan amendments that will consider the <br />Developer’s Project and other Transit District modifications (“Transit District CEQA <br />Review”). <br />C. On June 28, 2021, the City Council approved an Agreement for Services <br />with Environmental Science Associates (“ESA”) for an amount not to exceed Seven <br />Hundred Fifty-Nine Thousand Six Hundred and Ten Dollars ($759,610) for the Transit <br />District CEQA Review (“ESA Scope”). In addition to the ESA Scope, the cost of the <br />Transit District CEQA Review will include among other things time spent by City staff, <br />consultants and special legal counsel (“Staffing Costs”). <br />D. The Parties desire to enter into this First Amendment to identify the <br />obligations of each Party with respect to the costs associated with the Transit District <br />CEQA Review, including the ESA Scope, Staffing Costs and any additional costs, and <br />related indemnification. <br />AGREEMENT <br />1. Percentage Share of Costs. The Parties agree that Developer will pay 70 <br />percent and the City and/or additional parties seeking Transit District modifications that <br />would be included in the Transit District CEQA Review will pay the remaining 30 percent <br />ATTY/AGR.2021/Amend. No. 1/Lowe (Sequoia Station) (Page 1 of 3) <br />Aug 4, 2021