City Council Agenda and Packet 2007 05 23 SP

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.. !Ji~@!%@u r'"7;~ SRiI ,';'\ t';=J ~ :..' ~:~. !(:.':~ ,~r~t:':, :,~ ~.~~ u .,,7/' b~c= ~ _'. ~\~ ,J '. ll.~ ; LI CENSE AGREEMENT THIS LICENSE AGREEMENT (hereafter, this "AgreemenC), made this dav of _ ,2007 is by and between the John D. Mayhoffer Trust, Leannah Mayhoffcr Baron" and Robert Patrick f\,ilayhoffer (collectively, "Grantors"), and the City of Louisville, a Colorado home rule municipal corporation ("Gnmtec"). Grantors and Grantee are sometimes referred to collectively herein as the "Parties" and severally as a "Party:' Grantor owns certain real property in the COllllty of Boulder, State of Colorado. described as nn Exhibit A (hGrantor's I)roperty"). Grantee owns certain real property in the County of Boulder. State of Colorado, described as on Exhibit B ("Gnmtcc's Property"). Grantee desires to obtain frol11 Grantor, and Grantor is willing to grant to Grantee, a non- exclusive license for ingress and egress to and from Grantee's Property over the portions of the tvtayhoffer Property described and depicted on Exhibits C and 0 (the porlions of the MayhofTer Properly described and depicted on Exhibits C and D are sometimes collectively referred to in this Agreement as the "Mayhoffer Property Access AI"en"), upon and subject to tbe terms and conditions set forth in this Agreement and for the purposes set forth in this Agreement. THEREF()RE. in consideration of the foregoing and the promises and covenants I.:ontaincd in tbis .\greemcnL the Parties agree as follows: 1. Non-Exclusive License to Use the Mavhoffer Propert" Access Area. Grantor hereby grants lo Grantee a non-exclusive right and license (hereafter. "LiceJlsc'~) to LIse the rvlayhoffer Properly Access Area for ingress and egress in connection with the maintenance. upkeep. and repair of Grantee's Properly, upon and subject to all the other terms and conditions of this Agreement. '1 License Nontransferable. For the limited purposes set forth in this Agreement. lhe -. License may be used by the Grantee only through its respective agents and employees for so long as Grantee"s Propel1y is owned by Grantee. The License may not be transferred or assigned by the Grantee. nor shall the use of the Mayhoffer Property Access Area be expanded by the Grantee to any parties or lor any purposes other than those expressly permitted by this Agreement. ., Li ill i ted Purpose. Thl~ License may be used only in connection with the .L maintenance. upkeep and repair of Grantee's Property for ingress to and egress li'om the Grantee's Property a maximum often limes per year and in a vehicle no larger than a Ford F-350 truck. \Vithout limiting the gcnerality of the foregoing, the Grantee acknowledges and agrees that the License shall not be llsed by the Grantee. or its respective agents or cmployees for storing or parking any v\.~hicles or equipment or for servicing any vehicles or equipment. 4. B.9served Riflhts for Owner: License Subiect to Other RiQhts. Exclusive lIse of the l'vtayhoffer Property Access Area is not granted hereby. Grantor expressly reserves the right. for themselves and their heirs. personal representatives, tenants, successors and assigns. to lIse