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HomeMy WebLinkAboutContracts & Agreements_5-2004_CCv0001.pdf WAIVER AND RELEASE OF CLAIMS The undersigned is the applicant (the "Applicant") for General Plan Amendment No. 93, Tentative Tract No. 16361,Zone Change No. 390,Conditional Use Permit No. 780 and Agricultural Preserve Removal No. 100 (the "Entitlements") and this letter hereby voluntarily waives any and all rights the Applicant may have in law or equity, now or in the future, to require the City of Redlands to prepare and complete any environmental documents pursuant to the California Environmental Quality Act for the Entitlements within any particular time frame. The Applicant is aware of,and has read the provisions of,Public Resources Code Section 21151.5 and Section 15 108 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 Entitlements. The Applicant 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 of Redlands and its elected officials,officers and employees from and against any and all claims,losses,damages, causes of action and liability that the City may incur as a result of the City's acceptance of, 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 Waiver and Release of Claims,the City shall be entitled to recover,in addition to its costs and other relief, its reasonable attorneys' fees. Waiver Covinglomwpd IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates shown below. CITY OF REDLANDS By: Date January 20 , 2004 san Peppier, Mr it1, i y of Redlands ATTEST: Date January 20 , 2004 w ��Lo *e PoyzerAolerk ' 3 COVINGTON CONSTRUCTION AND DEVELOPMENT By: Date 20� Chad Covington, President ATTEST: By: Date Secretary Waiver Covingtotvwpd