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iiiiiiiiiiiiimiii <br />SPECIFIC PROBLEMS <br />By memorandum dated October 24, 1978, the City provided <br />us with a list of its concerns pertaining to the operation. <br />The following portion of the memorandum suggests the means <br />by which we can deal with those concerns. <br />1. Concern was expressed regarding the opening of acquifers <br />and the liability of the City of Lakewood regarding drainage <br />problems resulting therefrom. <br />By law, it is very likely that Robinson would be liable <br />for all damage caused by any drainage problems which may <br />occur. However, it is strongly suggested that an indemnification <br />agreement be obtained to cover this possibility. Naturally, <br />an indemnity agreement will not insure that Lakewood would <br />not be named as a defendant but is nonetheless of significant <br />practical value. In addition, the agreement should contain <br />a clause allowing the City to demand that Robinson defend <br />any suits initiated as a result of its operation leaving the <br />City, however, the option of defending such a suit and being <br />reimbursed therefor by Robinson. <br />Jim, Dave and I examined <br />recreation center built within <br />operation. In landscaping the <br />water was encountered and did <br />resulting in damage to nearby <br />though preliminary testing of <br />a construction site for a <br />a few miles of the current <br />area surrounding the center, <br />cause a drainage problem <br />residents. This occurred even <br />the area had indicated the <br />-2- <br />