HomeMy WebLinkAboutContracts & Agreements_188-2004_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 General Plan Amendment No. 101,
Zone Change No. 406, Agricultural Preserve Removal No. 106, Tentative Tract No. 16878, and
Conditional Use Permit No. 834 (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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
shown below.
CITY OF REDLANDS
By: Date December 7, 2004
usan Peppler, M y r
City of Redlands
ATTEST:
Date December 7, 2004
L ie Poyzer, C its Cerk
APPLICANT: LIN CONSULTING, INC.
By: ✓% Date I =' ,
Denwun Lin, PE, PTOE, Principal
ATTEST:
By: � Dated
Secretary