Resolution 2008-29 - Laserfiche WebLink

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draining of this Agreement, each with the assistance of counsel, and it is agreed that any claim as t.o ambiguity shall not be construed fot• ar against either party as a result of such chaffing. AGI2EEi+IENT TO SUI2VIVIG CLOSING 26. The parties 1~er•eto agree that, except for such of the forms, conditions, covetants, and agreements hereof w+hich are, by their very nature fully and completely performed upon the closing ol• the purchase-sale transactions herein provided for, all of the terms, conditions, representations. warranties, covenants, and agre.et~nents herein set forth and co-ttaincd, including but not limited to all terns and conditions in Paragraph 15, shall survive the closing of any purchase-sale trGtnsactian herein provided For and shall continue after said cJosit~g to be binding upon and inure to the benei-it of the parties hereto, their successors and. assigns. NOTICE 17. 1~'henever notice is required to be given hereunder, it shall be in writing and delivered to the party entitled thereto or mailed to the party entitled thereto, b}~ registered or certifed mail, rr=tt.rni receipt requested. .If delivered, said notice shall he effective andf complete upon delivery. lmailed, said notice shall be eflcctive and cornpiete upon mailing. lJntiJ changed by notice in writing, notice shall be given as follows: To the Purchaser: City Manager City ofLo>tisville 74{) Main Street Louisville, CO $0027 '1'o the SelJet•: David Keown 10234 I)i l lon Road Broomfield, CQ $t)020 MISCELLANCOUS 2$. Seller acl:nowledgcs that the City shall, concurrent ~~=itl~ the Dillon Road ]mprovertte:ttt5 Project and as a convenience to Seller, relocate the eastet•ly driveway for Seller's adjvinii~g property from its current location (located at approximately station 111+80f) to a location opposite C'CC Boulevard. 'fhe Seller at his expense shall be solely responsible: far all improvements to Seller's adjoining property necessary to connect a drive~~=ay to such re!<~crtted driveway access point rvitl~in the City right-of-wa}j. Z'he City's sole obligation under this Paragraph shall be to install at it ~:xpensc only the culvert and asphalt driveway stu•facc improvements that at`e located ~~=itliin tl~e City z•ight-of-ova}~~. 7'he City and its contractor shall have the right to temporarily a+ccess Seller's irnrrrediately adjoining property for ColnpJetlon of such improvements, which right shall expire. upon completion of the improvements and which use shall be kept to the minimal area necessary. 7`he Purchaser .shall restore an}' areas of Seder's adjoining property disturbed by such aetivit;y to conditions existing prior to such disturbance. The City shall be responsible for all claims and liability for damages, loss or expenses caused by, or any injury or death to any person or• damage to property which is cotv~ected with or• results tram the entry upon the Seller's adjoining property for completion of culvert and asphalt driveway surfaces improvements, unless caused by the sole neg[figcrlc.e or willful and wanton act of