HomeMy WebLinkAboutContracts & Agreements_48-2005_CCv0001.pdf 909 335 4779 Planning Department 12,46,50 p rn, 03.02-2005 214
REQUEST FOR TIME EXTENSION AND
WAIVER AND RELEASE OF CLAIMS RELATING TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Walton Development is the applicant (the "Applicant") for Zone Change Nos. 396 and
399, Agricultural Preserve Removal Nos. 104 and 105 , Tentative Tract Nos. 16627 and 16465,
and Conditional Use Permit Nos. 809 and 819 (the "Entitlements") 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 Entitlements.
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 which include fees for "in-house" counsel at
rates prevailing in San Bernardino County.
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909 335 4779 Planning Department 10-01:09 a_m. 03-03-2005 212
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
shown below.
CITY UPan
DLANDS
$y -tom' Date March 15, 2005
Peppler,May ry of Redlands
ATTEST:
_ Date March 15, 2005
L e Poyzer, CP- 1 k
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WALTON DEVELOPMENT, LLC
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ATTEST:
By: Date
Secretary
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