HomeMy WebLinkAboutContracts & Agreements_138-2004_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 Conditional Use Permit No.801
(the "Entitlement") and has requested a sixty (60) 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 sixty
(60) 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 (hereinafter referred to collectively as the "Provisions") and, by executing this
Waiver and Release of Claims expressly waives any and all rights the Applicant may have to
enforcement of the Provisions against the City with regard to this sixty (60) day extension,
provided that the environmental review contemplated in the Provisions is completed within the
time extension provided for herein.
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,provided that it is the prevailing party
in such action.
60 DAY EXTENSION CUP 801 CLEAN COPY.DOC
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates shown below.
CITY OF REDLAND
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By: Date September 21, 2004
Vanppler, ay redlands
ATTEST:
Date September 21, 2004
Lorr!00yzer, Cwt Cyrk
SPRINT PCS ASSETS, LLC.
By: gyp Date
Cynthi <<Jolly, Site Delivery
Manager
60 DAY EXTENSION CUP 801 CLEAN COPYMOC