HomeMy WebLinkAboutContracts & Agreements_84-2007_CCv0001.pdf REQUEST FOR TIME EXTENSION AND
WAIVER AND RELEASE OF CLAIMS RELATING TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Bruce Hinckley is the applicant (the "Applicant") for Minor Subdivision No. 308
(the "Entitlement") and has requested a ninety (90) day extension of time for the City of
Redlands' preparation and completion of the environmental documents for the
Entitlement pursuant to Public Resources Code section 21151.5, and the City hereby
consents to that ninety (90) day extension. The Applicant is aware of, and has read the
provisions of, Public Resources Code Section 21151.5 and Section 15107 of Title 14 of
the California Code of Regulations and, by executing this Waiver and Release of
Claims, expressly waives any and all rights the Applicant may have to enforcement of
those provisions against the City with regard to the Entitlement.
The Applicant also expressly waives any rights it may have pursuant to Civil
Code Section 1542 which reads:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
The Applicant agrees that it shall defend, indemnify and hold harmless the City
and its elected officials, officers and employees from and against any and all claims,
losses, damages, causes of action and liability that the City by subject to, or may incur
as a result of the City's grant of the time extension and reliance upon this Waiver and
Release of Claims from the Applicant.
In the event any action is commenced by the City to enforce or interpret any of
the provisions of this Request for Time Extension and Waiver and Release of Claims
Relating to the California Environmental Quality Act, the City shall be entitled to recover,
in addition to its costs and other relief, its reasonable attorneys' fees which include fees
for the us of"in-house" counsel by the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates shown below.
CITY OF REDLANDS:
By:
Date: May 15, 2007
Jon Harrison, Mayor
ATTEST:
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By. Date: M 15 2007
Borrie Poy2 r, ° ity Clerk'
BRUCE HINCKLEY:
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By:
Date:
Applicant r —�