HomeMy WebLinkAboutTwin Creeks letter of agreementRELEASE
THIS RELEASE is made by and between Twin Creeks Development Co., LLC, an
Oregon limited liability company ("Twin Creeks"), and the City of Central Point, Oregon ("the
City").
A. Twin Creeks received a tentative Letter of Map Revision dated May 3, 2016.
Based upon current conditions, Twin Creeks desires to perform work identified in
said Letter of Map Revision prior to its effective date.
a. City of Central Point will consent to such work, on the condition that Twin Creeks
release City from any costs, expenses, damages or other liability that might arise
as a result of the work being performed prior to the effective date.
NOW, THEREFORE, the parties agree as follows:
Twin Creeks, does hereby release, acquit and forever discharge, indemnify and defend the
City, elected and appointed officials, agents, employees and directors from any and all claims,
causes of actions, demands, damages, costs and expenses, including attorney fees, that may arise
as a result of the Work to be conducted in the area referenced in the Federal Emergency
Management Agency Letter of Map Revision, Case No. 16-10-0502P ("the LOMB"), prior to the
effective date of the LOMR (September 14, 2016).
In consideration for this release, the City, consents to the performance of the following
work ("the Work"): Completion of all street work for Stone Pointe, Bridge Creek and Eagle
Rock Drives including all underground utilities shown on the Civil Improvement Plans for the
North Pillage at Twin Creeks, Phase 1 dated 5/20/2016 by Whetstone Engineering. Performance
of the Work will be based upon best available data, being the tentative LOMB approval dated
May 3, 2016.
The parties represent that they fully understand the terms of this Agreement and
voluntarily agree to it. Each party intends that this Agreement in all respects shall he deemed and
construed to be equally and mutually prepared by all parties and it is hereby expressly agreed
that any uncertainty or ambiguity shall not be construed for or against any party. Each party
expressly acknowledges that it is represented by competent, independent counsel, and that each
party and its counsel are not relying upon any statements, representations, or omissions from the
other party, except those specifically enumerated in this Agreement.
(Signature page follows)
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY
UNDERSTANDS IT.
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Signed and delivered thiSgday of )(,t, 2016.
TWIN C DEVELOPMENT CO., LLC
By: Bret Moore,
Its: Manager
CFFY OF CENTRAL POINT
By: Chris Clayton
Its: City Manager
Release
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