|
19. Special District Inclusion. The Property shall be included into the Northern
<br /> Colorado Water Conservancy District (NCWCD), and the Municipal Subdistrict, prior to
<br /> receiving water service from the City of Louisville. Further, Owner shall petition to include the
<br /> Property into the NCWCD and Municipal Subdistrict at its expense.
<br /> 20. Future Cooperation. The Parties agree that they will cooperate with one another
<br /> in accomplishing the terms, conditions, and provisions of`this Agreement, and will execute such
<br /> additional documents as necessary to effectuate the same.
<br /> 21. Amendment. This Agreement may be amended by the City and any Owner
<br /> without the consent of any other Owner as long as such amendment affects only that Owner's
<br /> portion of the Property. Such amendments shall be in writing, shall constitute covenants running
<br /> with the land, and shall be binding upon all persons or entities having an interest in the Property
<br /> subject to the amendment unless otherwise specified in the amendment. Except as otherwise
<br /> provided herem, this Agreement shall not be amended unless approved in writing by all Parties
<br /> hereto.
<br /> 22. Entire Agreement. This Agreement embodies the entire agreement of the Parties.
<br /> There are no promises, terms, conditions, or obligations other than those contained herein; and
<br /> this Agreement supersedes all previous communications, representations, or agreements, either
<br /> verbal or written,between the Parties
<br /> 23. Indemnification. To the extent permitted by law, Owner agrees to indemnify and
<br /> hold harmless the City and the City's officers, employees, agents, and contractors, from and
<br /> against all liability, claims, and demands, including reasonable attorney's fees and court costs
<br /> which arise out of or are in any manner connected with the annexation of the Property, or with
<br /> any other annexation or other action determined necessary or desirable by the City in order to
<br /> effectuate the annexation of the Property, or which are in any manner connected with Louisville's
<br /> enforcement of this Agreement, limited to the extent such liability is caused by Owner Owner
<br /> further agrees to investigate, handle, respond to, and to provide defense for and defend against,
<br /> or at the City's option, to pay, to the extent there exists a conflict of interest between the Parties,
<br /> the reasonable attorney's fees for defense counsel of the City's choice for, any such liability,
<br /> claim, or demand, limited to the extent such liability is caused by Owner. The Parties agree to
<br /> mutually coop erate in the defense of any alleged or threatened claim, challenge, demand or
<br /> liability.
<br /> 24. Owner As used in this Agreement, the term "Owner" and "the City" or
<br /> "Louisville" shall include any of the applicable heirs, transferees, successors, or assigns of such
<br /> Parties,and all such parties shall have the nght to enforce this Agreement,and shall be subject to
<br /> the terms of this Agreement,as if they were the original parties thereto.
<br /> 25. Amendments to Law. As used in this Agreement, unless otherwise specifically
<br /> provided herein or otherwise set forth in future documents approved by the City,any reference to
<br /> any provision of any City ordinance, resolution, or policy is intended to refer to any subsequent
<br /> amendments or revisions to such ordinance, resolution, or policy, and the Parties agree that such
<br /> amendments or revisions shall be binding upon Owner.
<br /> 7
<br />
|