HomeMy WebLinkAboutContracts & Agreements_200-2017 PROPERTY ONE, LLC
WAIVER, RELEASE,DEFENSE AND INDEMNITY AGREEMENT ("RELEASE
AGREEMENT") EXECUTED IN FAVOR OF THE CITY OF REDLANDS
For and in consideration of the written request dated August 24, 2017, of Property One, LLC
(through its representative Evergreen Devco, Inc) for the issuance of a Certificate of Occupancy by the
City of Redlands ("City") permitting Property One, LLC and its employees, lessees, permittees, agents,
successors and assigns, and invitees (collectively, the "Occupants") to voluntatily occupy the buildings
constructed within Property One, LLC's retail development project commonly known as the "Packing
House," which is generally located at the northwest corner of Eureka Street and Stuart Avenue in
Redlands, California (the "Project"), Property One, LLC hereby voluntatily releases, discharges, waives
and relinquishes in favor of City and its elected and appointed officials, officers, employees, and agents
(collectively, "Releasees") any and all claims, losses, damages, proceedings, or causes of action for
property damage or personal injury, including death (collectively, "Liability") occurring to, or alleged or
brought against, Property One, LLC which may arise out of, or in connection with, Property One, LLC's
failure to construct, or cause the construction of, a traffic signal at the intersection of Sixth Street, Pearl
Avenue and the 1-10 eastbound on-ramp (the "Traffic Signal"), for itself and its successors and assigns
Property One, LLC further agrees that it shall not prosecute or present any claim fol property
damage or personal injury, including death, against "Releasees" for any such Liability arising out of, or
in connection with, Property One, LLC's failure to construct, of cause the construction of, the Traffic
Signal Property One, LLC acknowledges, understands and assumes the risks inherent in the Occupants'
occupancy of the Project without construction of the Traffic Signal,that such activity may entail risks of
physical injury to persons or property, and that Property One, LLC is requesting approval of, and
permitting, occupancy of the Project with full knowledge of these risks
Property One, LLC shall furthei indemnify, defend (with counsel reasonably acceptable to City),
protect and hold Releasees harmless from and against (i) any and all third-party claims, demands,
damages, losses, causes of action, defense costs, and liability (including expert expenses, costs, and
reasonable attorneys' fees (including fees fol use of in-house counsel)) of any kind of nature, including
damages to property of input ies to persons, accidental death, and reasonable attorneys' fees and costs,
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which may be caused by Property One, LLC's failure to construct, or cause the construction of, the
Traffic Signal, (n) City's issuance of a Certificate of Occupancy for the Project despite Property One,
LLC's failure to construct, or cause the construction of, the Traffic Signal (iii) any action or
proceeding brought by any third party challenging the validity of any provision of this Release
Agreement, and/or (iv) any breach by Property One, LLC of any of its obligations under this Release
Agreement
Property One, LLC's defense and indemnity obligations under this Release Agreement shall not
extend to claims, demands, damages, defense costs or liability for property damage, bodily injury or
death to the extent the same was occasioned by the active negligence or willful misconduct of City, or
its elected officials, officers, employees, or agents
Further, Property One, LLC shall have no defense and indemnity obligations to Releasees under
this Release Agreement for Liability relating to events which initially occur subsequent to the
construction, installation and operation of the Traffic Signal
Property One, LLC, a California limited liability company
By its Manager
Judson & Brown, LLC, a Nevada limited liability company
Donald J Berry, J , ager
Dat/ 7 ,
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