HomeMy WebLinkAboutContracts & Agreements_145-2000_CCv0001.pdf INDEMNITY AGREEMENT
This INDEMNITY AGREEMENT is entered into by and between THE
CITY OF REDLANDS (the "CITY"), and MOUNTAINVIEW POWER
COMPANY, LLC ("MVPC"), effective as of December 19, 2000, on the
following terms and conditions.
RECITALS
WHEREAS, the City Council is scheduled to consider Annexation No. 76D,
Resolution No. 5596 (the "Annexation"), for the annexation of certain territory into
the CITY on December 19, 2000;
WHEREAS, MVPC desires that the Annexation go forward as promptly as
possible and has requested the CITY to proceed with the Annexation on December
19, 2000; and
WHEREAS, the CITY has requested that MVPC agree to indemnify and
defend the City from any third-party claims that may be brought or filed
challenging the approval of the Annexation.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Parties do hereby
agree as follows:
I. The CITY agrees to consider the review and approval of the
Annexation on December 19, 2000, in accordance with applicable laws and
regulations.
2. In the event the CITY approves the Annexation on December 19,
2000, MVPC agrees to defend, indemnify and hold harmless the CITY, and all of
its officials, employees, representatives, and servants, including but not limited to
the City Council and each member thereof and the City Clerk, from any and all
claims, lawsuits, and causes of action, and defense costs reasonably incurred by the
City therein, arising from or in connection with any legal challenge to the City's
approval of the Annexation on December 19, 2000.
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3. This Indemnity does not apply to any action by the CITY or any of its
representatives, other than the consideration and approval of the Annexation.
IN WITNESS WHEREOF, this Indemnity Agreement has been executed by
the Parties as of the date first hereinabove written.
THE CITY OF REDLANDS
By:
Title: PAT GILLREATH, MAYOR
Attest:
IE P Z E CITY CLERK
MOUNTAINVIEW POWER COMPANY, LLC
By: zt
George all
Plant Manager
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