|
1. Release of Trillium. The City does hereby release and forever discharge Trillium,
<br />its officers, agents, employees and representatives, from any and all claims and liabilities
<br />(whether known or unknown, accrued or unaccrued, foreseeable or unforeseeable, liquidated or
<br />unliquidated), causes of action, damages, costs, losses, liens, and expenses of any kind or nature
<br />whatsoever the City may have relating to or arising from the Annexation Agreement and Road
<br />Agreement with respect to the Property described on Exhibit A, and further does hereby release
<br />and forever discharge Trillium from any and all further obligations under the Annexation
<br />Agreement and Road Agreement with respect to the Property.
<br />
<br /> 2. Release of City. Trillium does hereby release and forever discharge the City, its
<br />officers, agents, employees, representatives, successors and assigns, from any and all claims and
<br />liabilities (whether known or unknown, accrued or unaccrued, foreseeable or unforeseeable,
<br />liquidated or unliquidated), causes of action, damages, costs, losses, liens, and expenses of any
<br />kind or nature whatsoever Trillium may have relating to or arising from the Annexation
<br />Agreement and Road Agreement with respect to the Property, and further does hereby release
<br />and forever discharge the City from any and all further obligations under the Annexation
<br />Agreement and Road Agreement with respect to the Property.
<br />
<br /> 3. Releases Prospective. The releases provided herein shall be prospective in nature
<br />and personal to the parties hereby released. Further, nothing herein shall require, nor give rise to
<br />any cause of action to require, the return of or compensation for any things of value received by
<br />the City or Trillium pursuant to the Annexation Agreement or Road Agreement and prior to the
<br />effective date hereof. By way of example and not limitation, nothing herein shall require return
<br />by the City of or compensation for all or any portion of any water rights previously assigned to
<br />the City pursuant to the Annexation Agreement. By way of further example and not limitation,
<br />nothing herein shall require return by the City of or compensation for all or any portion of that
<br />land subject to the Annexation Agreement, at the northwest corner of the main body of the
<br />territory annexed under the Annexation Agreement, and previously conveyed to the City.
<br />Trillium hereby acknowledges receipt of full and sufficient consideration for such assignment
<br />and conveyance.
<br />
<br /> 4. Intergovernmental Agreement. The City is a party to that certain
<br />Intergovernmental Agreement, Southeast Boulder County, South 96th Street, Dillon Road and
<br />U.S. 287 Area Comprehensive Development Plan recorded March 17, 1999, as Reception No.
<br />1917186 in the Office of the Boulder County Clerk and Recorder (the "IGA"). Trillium does
<br />hereby release and forever discharge the City (but not the other parties to the IGA), its officers,
<br />agents, employees, representatives, successors and assigns, from any and all claims and liabilities
<br />(whether known or unknown, accrued or unaccrued, foreseeable or unforeseeable, liquidated or
<br />unliquidated), causes of action, damages, costs, losses, liens, and expenses of any kind or nature
<br />whatsoever Trillium may have by virtue of its ownership of the Property and relating to or
<br />arising from the IGA.
<br />
<br /> 5. Indemnification. Trillium hereby agrees to indemnify and hold harmless the City,
<br />its officers, agents, employees, representatives, successors and assigns, from and against any and
<br />all liability, claims, demands, and expenses, including court costs and attorney fees, which are in
<br />
<br />2858 4 JCELLE 05/20/99 9:30 AM 2
<br />
<br />
<br />
|