HomeMy WebLinkAboutSan Diego County Water Authority; 2026-06-17;Attachment A
RELEASE AND INDEMNITY AGREEMENT
This Release and Indemnity Agreement ("Agreement") is entered into as of ____ (the "Effective Date") by and between the San Diego County Water Authority ("Water Authority"), the
City of Carlsbad ("Releasor"). Water Authority and Releasor are each a "Party" and collectively the
"Parties."
1.Definitions
1.1 "Claims" means all claims, demands, suits, causes of action, proceedings, liabilities,
obligations, damages (including consequential, incidental, special, exemplary, and punitive), fines, penalties, settlements, judgments, losses, costs, and expenses of every kind and nature, whether known or unknown, suspected or unsuspected, fixed or contingent, in law or equity, including reasonable attorneys' fees and costs and the costs of investigation, remediation, response, and compliance.
1.2 "Laws" means all applicable federal, state, and local laws, statutes, ordinances, codes, rules, regulations, orders, permits, approvals, and directives.
1.3 "Premises" means the real property located at
including all property, facilities, rights-of-way, and easements thereon.
1.4 1.4 "Released Matters" means any and all Claims arising from, related to, or in connection
with (a) Releasor's access to or use of the Premises and (b) Releasor's activities, operations, or occupancy in, on, over, under, or adjacent to the Premises.
2.Release by Releasor
2.1 Release. To the fullest extent permitted by Law, Releasor, for itself and its directors, officers, employees, agents, invitees, and representatives, irrevocably and unconditionally releases, acquits, and forever discharges the Water Authority and its past, present, and future board members, officers, employees, agents, contractors, consultants, representatives, and assigns ( collectively, the
"Water Authority Parties") from all Released Matters.
2.2 Waiver of Unknown Claims. Releasor expressly waives any rights or benefits it may have under any Law that would otherwise limit the scope of the above release to known or suspected claims
as of the Effective Date. Releasor understands and acknowledges the significance and consequences
of this waiver.
3.Covenant Not to Sue; Dismissal
3 .1 Covenant. Releasor covenants and agrees not to commence, maintain, or prosecute any Claim against any Water Authority Party concerning the Released Matters.
3.2 Dismissal. To the extent any such Claim has been or is hereafter commenced, maintained,
or prosecuted, Releasor shall promptly cause it to be dismissed with prejudice and shall bear its own fees and costs associated therewith.
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June 16, 2026 Item #3 Page 5 of 6
The water desalination receiver site on Faraday Avenue, south of Whitman Way, at Veterans Memorial Park
Docusign Envelope ID: 8D14A2D5-9088-8277-800F-7A86787FB6FC
06/17/2026
June 16, 2026 Item #3 Page 6 of 6
Docusign Envelope ID: 8D14A2D5-9088-8277-800F-7A86787FB6FC