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:  __________________________