Draft Smyrna Development Agreement 4.30.26
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any way from, or arising out of the use by the public, maintenance, repair, replacement of the
Trail.
5. Notwithstanding the provisions of paragraph 4, TPL shall remain solely responsible for
settling and payment of any pending payments to its Contractor, or sub-Contractors and
resolving construction related liens, or claims, if any, related only to the construction of the Trail
and shall promptly notify the City in writing upon full resolution of final settlement of all claims.
The City shall be solely responsible for any, and all other monetary claims related to
maintenance, repair, replacement, or use of the Trial by the public. TPL agrees that the City
shall not be responsible to the Contractor or sub-Contractors for any expense or liability arising
under, or related to, the construction of the Trail and that TPL shall be solely responsible to the
Contractor and sub-Contractors for any expense or liability arising under the contract(s) for the
construction of the Trail encompassed by this Agreement.
IN WITNESS WHEREOF, the parties have executed this Acceptance and Assignment as
aforesaid.
The Trust for Public Land (Inc.), a
California nonprofit corporation
_______
By:
Title:
Date: ___________________
AGREED TO AND ACCEPTED BY:
City of Smyrna, Georgia
By:___________________________
Title: _________________________
Date:__________________________
ATTEST:
By: __________________________