Amador County – The Sutter Creek City Council today will consider finalizing its approval of the Gold Rush Ranch & Golf Resort, and will also consider signing a pact with its developers to collaborate with them in defending the project against legal challenges. The Council will consider approving a “Gold Rush Project Joint Defense Agreement,” which was signed last year by one of the development’s partners, John Telishak, managing member of Sutter Creek Partners LLC. City Attorney Dennis Crabb in a memo to the city council dated January 6th recommended approving the agreement and authorizing Mayor Gary Wooten to sign it on behalf of the city. Crabb said the “Gold Rush project approvals will be complete with the second reading of the zoning and development agreement ordinances,” which could occur at today’s meeting of the city council, starting at 7 p.m. at the municipal building on Church Street. Crabb said the “approvals require the developer to hold harmless, indemnify, and defend the city from any litigation challenging any aspect of the approvals.” He said in anticipating lawsuits against the city’s approval of Gold Rush, “a joint defense and confidentiality agreement needs to be executed.” Crabb in the memo told the city council and mayor that the agreement “allows the city attorney to provide and exchange information, strategy suggestions, and opinions with the developer’s counsel without any potential waiver of the attorney-client privilege as to either party to the agreement.” He said entering into the agreement has “no cost to the city” and “such agreements are now standard practice to ensure a vigorous defense of any litigation filed.” The joint defense and confidentiality agreement was signed by Telischak on November 5th, 2009, but still must be signed by the Mayor, on council approval. The agreement has “recitals,” including that “the parties and their counsel have determined that their interests in the ongoing litigation are sufficiently intertwined that they represent a common defense.” The agreement in part projects “Joint Interest Materials” from outside party requests, through attorney-client privilege or through “attorney work production protection.” It says “each party will take all steps necessary to permit assertion of all applicable rights and privileges with respect to such Joint Interest Materials and shall cooperate fully with the other party in any judicial proceedings relating to the disclosure” of the material. In the agreement, developers will defend the city “from any claim, action, or proceeding” seeking to “attack, set aside, void or annul the certification” of the Gold Rush project or its Environmental Impact Report. Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.