HomeMy WebLinkAboutContracts & Agreements_154-2009_CCv0001.pdf s
T
RN
v
REQUEST AND AGREEMENT FOR WAIVER AND RELEASE OF CLAIMS
RELATING TO THE CALIFORNIA ENVIRONMENTAL TAL QUALITY ACT
Judson Homes, LLC is the applicant pp (the "Applicant") for
Zone Change No. 437, Agricultural Preserve Removal No. 119, Tentative Tract Map No. 18571,
and Conditional Use Permit No. 939 (the "Entitlements") and has requested the City
acknowledge and consent to the Applicant's waiver of the City of Redlands' compliance with
preparation and completion of the environmental documents for the Entitlements pursuant to
Public Resources Code Section 21151.5 and Sections 1510''7 and 15108 of Title 14of the
California Code of Regulations. The Applicant is aware of, and has read the provisions of,
Public Resources Code Section 21151.5 and Sections 15107 and 15108 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 specifically intends the City to rely upon
this waiver in processing the Entitlements.
The Applicant also expressly waives any rights it may have in connection with the
Applicant's request for, and the City's consenting to,. such waiver 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 OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.
In the event any action is commenced by the City to enforce or interpret any of the
provisions of this Request and Agreement for 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 the use of"in-house"
counsel by the City.
I:`.PEa,,n a¢tier! ZC'X37,APR 119,C UP€J39,T 13571(ABCO)Qudvon Waiver Release C'1 t�rA.i i r e E,tiiznsi€?n - 9.dc
I
Hr
m
The City hereby acknowledges and consents to the Applicant's waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
shown below.
CITY OF REDLANDS
By: Date: October , 2009
-Jon Harrison, Mayor
ATTEST:
L4rrie Poyzer, C 'rk Date: October 2009
JUDSON HOMES, LLC
By:
Date: October . , 2009
"A Moza e _
1
f
3
f
i
I
I',f"4nn rt .Seri r,t' 7,APR i;{). t,'I'v34.-F 18571 ABC 01"Judson tl af"Cr Kwli�3se C HQA`I inne Exte=�sit n 9-(�"doc