Resolution 2015-13 - Laserfiche WebLink

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26. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the heirs, transferees, successors,and assigns of the Parties hereto, and shall constitute covenants running with the land. This Agreement and any amendments hereto shall be recorded with the County Clerk of Boulder County, Colorado, at Owner's expense. Subject to the conditions precedent herein,this Agreement may be enforced in any court of competent jurisdiction. 27 Failure to Annex. This Agreement shall be null and void if the City fails to approve the annexation of the Property. 28. Legislative Discretion. Owner acknowledges that the annexation and zoning of the property are subject to the legislative discretion and/or quasi-judicial determination of the City Council of the City. No assurances of annexation or zoning have been made or relied upon by Owner In the event that, in the exercise of legislative discretion by the City Council or through the exercise of the powers of initiative or referendum, any action with respect to the property herein contemplated is not taken, then Owner's sole and exclusive remedy for any breach hereof accompanied by the exercise of such discretion shall be the withdrawal of the Annexation Petition by Owner, or disconnection from the City in accordance with state law, as may be appropriate. Owner specifically waives all nghts and claims to any other remedies available at law or in equity for any breach of this Agreement accompanied by the exercise of any such discretion, including but not limited to discretion exercised by the rights of initiative or referendum. 29. Notice. All notices required under this Agreement shall be in writing and shall be hand-delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the Parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the Umted States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to City City of Louisville City Manager 749 Main Street Louisville,CO 80027 Fax. (303)673-9043 Notice to Owner: Boulder County Housing Authority P.O. Box'741 Boulder,CO 80301 30. Election. Owner agrees that it is voluntarily entering mto this Agreement., Owner represents and submits that, to the extent an election would be required pursuant to C.R.S. §31- 12-112, as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and would vote to approve the annexation and all terms and conditions as set forth herein. 8 � \