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HomeMy WebLinkAboutContracts & Agreements_105-2007_CCv0001.pdf MEMO w REQUEST FOR TIME EXTENSION AND WAIVER AND RELEASE OF CLAIMS RELATING TO CALIFORNIA ENVIRONMENTAL QUALITY ACT Ron Simus is the applicant (the "Applicant") for Zone Change No. 427, Annexation No. 88, Street vacation No. 140, and Commission Review and Approval No. 837 (the "Entitlement") and has requested a ninety (90) day extension of time for the City of Redlands' reparab completion of the environmental documents for the Entitlement pursuant to Public Resourcesand Code section 211.51.5, 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 2115 and Section 15107 of Title 14 of the California Code of Regulations and, by executin 1.5 Waiver and Release of Claims, expressly waives any and all rights the Applicant m g this enforcement of those provisions against the City with regard to the Entitlement. ay have to 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 use of"in-house" counsel by the City. DA1'CEQA;'Ron Si"nus Waiver Release CEQA Time Ext 1 N MM INS, 1�06/07/2'007 12:57 9097487776 THATCHER ENGINEERING PAGE 03/03 IN WTT 'ESS WHEREOF, the parties hereto have executed this A Shown below, ���rrzcnt ctthe dates CITY bF RYbLA- S By, r' Jot Harrison, .'\MM yor Date: June 19 2907 ATTEST: Lot C P0�r7-er, RON ST? US 13y; N-' " S tate: (`