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April 10, 2014 <br /> Truckee Donner Historical Society <br /> Attn: Chaun L. Owens-Mortier, President <br /> P.O. Box 893 <br /> Truckee, CA 96160 <br /> Re: Authorization to Apply For Development Funds Under the Town of Truckee <br /> Economic Program Incentive Initiative For the Historic Iee Pond, APN 19-130-29 <br /> Dear Ms. Owens-Mortier: <br /> Truckee Springs, LLC ("Truckee Springs') is the owner of a parcel of property located at 10145 <br /> South River Street, Truckee, CA, APN 19-130-29 (the "Historic Ice Pond"). Truckee Springs is <br /> in negotiations with the Truckee Donner Historical Society ("TDHS") regarding transferring <br /> operations and/or property rights related to the Historic Ice Pond as part of the Truckee Springs <br /> Master Plan. The Town of Truckee is currently accepting applications for development funds <br /> under its Economic Program Incentive Initiative, which funds may be used to develop certain <br /> improvements at the Historic Ice Pond. Both parties believe it is in their best interests for TDHS <br /> to submit an application for these development funds, and therefore the parties agree as follows: <br /> 1 . Truckee Springs hereby consents to TDHS submitting and processing applications <br /> under the Town of Truckee's Economic Program Incentive Initiative for development funds to <br /> improve the Historic Ice Pond, including but not limited to funds for providing signage, trails, <br /> Parking, ADA improvements, and landscaping, provided, however, such consent is conditioned <br /> upon and subject to TDHS's agreement that: <br /> a_ No application for development funds shall in anyway negatively affect <br /> the timing, processing, or approval of the Truckee Springs Master Plan, or other applications for <br /> development of the property located within the Master Plan Area. <br /> b. No work shall commence on the Historic Ice Pond unless and until <br /> Truckee Springs provides written authorization and appropriate rights of entry. <br /> 2. To the fullest extent permitted by law, TDHS shall indemnify, release, defend and <br /> hold harmless Truckee Springs and Truckee Springs' affiliates, partners, successors, assigns, <br /> legal representatives, officers, directors, shareholders, members, managers, employees and <br /> 7592091210043281-00001 <br />