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HomeMy WebLinkAboutContracts & Agreements_19-2004_CCv0001.pdf REQUEST FOR TIME EXTENSION AND WAIVER AND RELEASE OF CLAIMS RELATING TO THE STATE'S PERMIT STREAMLINING ACT The undersigned are the applicants (the "Applicants")for Conditional Use Permit No. 811 Commission Review and Approval No. 764, Variance No. 671 and Variance No. 668 (the "Entitlements") and by this letter hereby request an extension of time,and voluntarily waive any and all rights the Applicants may have in law or equity, now or in the future, to require the City of Redlands to act upon the Entitlements within the sixty(60)day timeline prescribed by Government Code sections 65920 et. sem. and particularly 65950 and, by executing this Waiver and Release of Claims expressly waive any and all rights the Applicants may have to enforcement of those provisions against the City with regard to the Entitlements. Applicants, pursuant to Government Code section 65957, hereby request a one-time only ninety (90) day extension for the City to act on the Entitlements and City hereby consents to that ninety (90) day extension. Applicants expressly waive any rights they may have pursuant to Civil Code Section 15422 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. Applicants 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 acceptance of,and reliance upon,this Request for Time Extension and Waiver and Release of Claims from the Applicants. Wa,,er Huston 11Pd 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. the City shall be entitled to recover, in addition to its costs and other relief, its reasonable attorneys' fees, IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date shown below. CITY OF REDLANDS By: 3 Date: Feb. 3, 2004 Su n Peppier. Mayor City of Redlands ATTEST: Lor-6e Poyzer, Clerk ppppppf Date: '41 - / -"2 ;,- By; Russ Huston, Applicant By: Date: .1- 2,TOq James Ba&d, Applicant Winver Huston wpd