HomeMy WebLinkAboutContracts & Agreements_226-2005_CCv0001.pdf RFQt IFSTFOR TINIF EXTENSION AND
WAIVER AND RELEASE OF CLAIMS RELATING TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Bonita Development Company, LLC is the applicant (the "Applicant") for Agricultural
Preserve Removal No. 108,Specific Plan No. 59 and Tentative Tract No. 17265(the"Entitlements")
and has requested a ninety (90) day extension of time for the City of Redlands' preparation and
completion of the environmental docurnents 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
154.2 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 Waiti•er 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 "in-house" counsel at rates prevailing in
San Bernardino County,
%Vmer Rdeaw wahonl)e,
IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the dates
shown below.
CITY OF REDLAND
P
By: 4,Ssan
__....__....__ Date Nov. 15 2005
Peppler, May rof Redlands
ATTEST:
Date Nov. 15, 2005
Lo/rrie PoyzeryClerk
BONITA DEVELO1ENT COM ANY. LLC
a
By: Date
1
t�aiter.Kc3cawz��'alr r i)�
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on November 15, 2005,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer I Xj personally
known to me - or - I I proved to me on the basis of satisfactory evidence to be the persons whose
names) are subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
By:
Beatrice Sanchez, Deputy City Clerk
I F 0
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
jx ) Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Request for Time Extension and Waiver....
Date of Document: November 15, 21005
Signer(s) Other Than Named Above: Jay Rentz
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�.-4�:� �_t.'�`�.� 4`�'4�.ti.�4`:�`'u�_<i<.�"'E.�, .�-_k�`t, 1.t k:�... . <_ �?�•`-_ '4��4 -._ y t�i�=_S_4_ ._ _.�. <., � r`-...�-<. _ r.. -,.1
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State of California
5
Count of Gan Bernardino ss.
5 4�,
r pn November 10, 2005 before me, Laurel. Hunt _ _ ns
personallyappealed Jay Rentz-- —Name and Title of diticer(r;.q Jane Doe Notary Pubiir,') --..--'
rDate
Sh� c
k
` Name(s)of Signer(,) }
personally known to me
proved to me on the basis of satisfactory
evidence '
LAURELMM
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to be the person(+t) whose name(Ag isl§
6. Nol ry Pubile-CaMoa+ic
aan�,aickmca�y subscribed to the within instrument and
MyCwtim.ExpkuJMW20. acknowledged to me that he/ WPexecuted �
the same in his/hedtkiit authorized
capacitykims), and that by his/kEadir
signature(50 on the instrument the person$6), or ?
the entity upon behalf of which the person(y,)
4 acted, executed the instrument.
WITNESS my hand and official seal.
--JZ "_ f
Place Notary Seal Above �--'� 7ig�`nature of Notary Public
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h OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Docum nt: Request for Time T7xtension and waiver and Release
ofe C aims R e_ a t ing t oi _oho-rn a ,n vi ronmen_a _ -T10 y Act
11ovemher 1 2005 two r
> Document Date: r —_ Number of Pages:
ti
Susan Peppler, Mayor and Liorrie Doyzer, City
h Signer(s) Other Than Named Above:
Capacity(ies) Claimed b Signer
S Signer's Name: , Z_ - :•-
r1 le' Individual - --...----- - Topor rrul„t}r,efe
r� �!
orporate Offrtle
Partner LimitedGeneral .._...._.-....._._.._—._..__-- _
r
Attorney in Fact .
`.' i Trustee
Guardian or Conservator
Other.-----..-_
Signer Is Representing:AIL7j»/a '
0 1999 Nat,, l Notary.A so,atioa-9350 N Soto Ave_P0,Box 2402-Chats—,th,CA 91013-2402-—nawnalnotary org Prod.No.51,407 Reorder Cali Tell-Free 1-800-876-6827