Resolution 2015-86 - Laserfiche WebLink

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Improvements is no longer in effect. 8.5 Assignment, Delegation_and Notice. This Agreement, or any part of this Agreement, may not be assigned by the Developer to any other party without the prior written approval of the City, which approval shall not be unreasonably withheld, conditioned or delayed. Developer shall provide to the City for approval written notice of any proposed assignment of any obligations under this Agreement to any successor, as well as arrangements, if any, for delegation of the improvement obligations hereunder. Developer and any successor shall, until written City approval of the proposed assignment and delegation of obligations, be jointly and severally liable for the obligations of Developer under this Agreement; following such approval, Developer shall be released from such obligations from and after the date of such approval, but such approval shall not release any previously accrued liabilities unless expressly agreed by the City. City may require as•part of any such approval that the successor execute its consent to such assignment to be bound by specified terms and conditions hereof and/or of applicable provisions of the Plan and other applicable documents. 8.6 Modification and Waiver. No modification of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement, and no waiver of the breach of the provisions of'any section of this Agreement shall be construed as a waiver of any subsequent breach of the same section or any other sections which are contained herein. 8.7 Addresses for Notice. Any notice or communication required or permitted hereunder shall be given in writing and shall be personally delivered, or sent by United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed as follows: CITY: City of Louisville City Manager 749 Main Street Louisville, .CO 80027 With a copy to: Light, Kelly P.C. City Attorney 749 Main Street Louisville, CO 80027 DEVELOPER: TEBO Properties 3111 28`h Street • Boulder, CO 80301 Stephen D. Tebo PO Box T Boulder, CO 80306 or to such other address or the attention of such other person(s) as hereafter designated in writing by the applicable parties in conformance with this procedure. Notices shall be effective three days after mailing or upon personal delivery in compliance with this paragraph. 8.8 Force Majeure. Whenever Developer is required to complete construction, maintenance, repair, or replacement of Developer Improvements by a given or agreed -upon deadline, such deadline shall be reasonably extended if Developer cannot as a practical matter,