HomeMy WebLinkAboutContracts & Agreements_71-2007_CCv0001.pdf REQUEST FOR TIME EXTENSION AND
WAIVER AND RELEASE OF CLAIMS RELATING TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Express Containers is the applicant (the "Applicant") for Commission Review and
Approval No. 670, Revision no. 1, (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 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 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, including fees for the use of "in-house"
counsel by the City,
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I ESS WHEREOF, tete paries liereto have mcuted this Agrc=cnton the &cvss
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CITY OF REDLA,N-DS
Date May 1, 2007
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ATTEST,
( Date May 1, 2007
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