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HomeMy WebLinkAboutContracts & Agreements_87-2008_CCv0001.pdf REQUEST FOR TIME EXTENSION AND WAIVER AND RELEASE OF CLAIMS RELATING TO CALIFORNIA ENVIRONMENTAL QUALITY ACT Quiel Brothers Sign Company is the applicant (the "Applicant") for Sign Conditional Use Permit No. 11 (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 Entitlement 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 which include fees for the us of "in-house" counsel by the City. DJ-,%1\Cl'QA%Waiver Release IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates shown below. CITY OF REDLANDS Date June 17, 2008 J Harriso ayor ATTEST: Date June 17, 2008 Lorr' Poyzer„'I y Jerk y f QUIEL BROS By, r name here Date K MAC In�� 161 272 S I Street San Bernardino, CA 92410 City of Redlands Manual Baeza 35 Cajon Street Redlands, CA 92373 RE: Sign Conditional Use Permit#11 Dear Mr. Baeza, Quiel Brothers Sign Company & Citicom Development would like to ask for a continuance to the July lst,2008 City Council. meeting. Attached is a request for Time Extension and Waiver and release of claims relating to California Environmental Quality Act. Thank You, She tahlheber Account Representative