City Council Agenda and Packet 2007 05 23 SP

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- !Ji~@!%@U Terms, conditions, provisions, agreements and obligations contained in the Purchase and Sale Agreement recorded on July 9, 2003 at Reception No. 2467634; Terms, conditions, provisions, agreements and obligations contained in the Special Warranty Deed recorded on July 9, 2003 at Reception No. 2467635; Terms, conditions, provisions, agreements and obligations contained in the Boundary and Fence Agreement attached hereto as Exhibit A and incorporated herein by reference; Terms, conditions, provisions, agreements and obligations contained in the License Agreement attaehed hereto as Exhibit B and incorporated herein by reference; and Terms, conditions, provisions, agreements and obligations contained in the Sewer Line Easement and Release Agreement attached hereto as Exhibit C and incorporated herein by reference. (b) Notwithstanding anything herein to the contrary, the fully-executed originals of Exhibits A, Band C hereto shall not be considered as delivered, shall not be recorded or distributed by the undersigned counsel, and shall be of no force or effect, unless and until this J oint Stipulation and Disclaimer is entered as an Order ofthis Court as contemplated below, which Order is also to dismiss Defendant City of Louisville's Amended Counterclaim with prejudice. Upon the entry of such Order, the executed originals of Exhibits A, I3 and C hereto shall be considered delivered and effective, Plaintiffs shall then record such originals in the Office of the Boulder County Clerk and Recorder within five (5) days of their counsel's receipt of notice of the entry of such Order, and Plaintiffs and Defendant City of Louisville shall each be entitled thereafter to enforce such Order and this Joint Stipulation and Disclaimer. (c) Defendant City of Louisville's disclaimer is given excepting and reserving to the City of Louisville all right, title and interest it has under the terms, conditions, provisions, agreements, and obligations of the instruments listed in paragraph 3(a), above, and Plaintiffs' stipulation that any final order(s) issued in this case shall expressly state and provide that the real property quieted to Plaintiffs is subject to all right, title and interest of the City of Louisville under such instruments, which instruments shall be specifically listed in the final order(s). (d) Plaintiffs and Defendant City of Louisville hereby stipulate and agree that any final order(s) issued herein shall expressly state and provide thatsuch order(s) and this action do not resolve whether Plaintiffs have an}' rights or claims in or to the effluent or the use or 3