HomeMy WebLinkAboutContracts & Agreements_47-2004_CCv0001.pdf REQUEST FOR TIME EXTENSION AND
WAIVER AND RELEASE OF CLAIMS RELATING TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The undersigned is the applicant(the "Applicant") for Zone Change No. 398, Commission
Review and Approval No.768,and Variance No.663(the"Entitlements")and has requested a ninety
(90.)day extension of time for the City of Redlands'preparation and completion of the environmental
documents for the Entitlements 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 Entitlements.
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
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.
Wai%er Gardner ZC398,wpd
IN FITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
shown below.
CITY OF REDLAN S
By. Date. March 16, 2004
X7an Peppier, ayor
of Redlands
ATTEST:
Date March 16, 2004
Lori:iePovzer, ,C* lerk
GAWMaGar
NESTRUCTION AND DEVELOPMENT, INC.
By: Date64
er, President
ATTEST:
Bti Date
Secretary
Wainer Gardner ZC398, pd