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Resolution 2016-49
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Resolution 2016-49
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Last modified
3/12/2021 4:16:19 PM
Creation date
10/20/2016 8:16:56 AM
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Template:
City Council Records
Doc Type
Resolution
Ord/Res - Year
2016
Ord/Res - Number
49
Original Hardcopy Storage
7D6
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RES 2016-49
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accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 5 <br />herein, except for Paragraph 10. FLOODPLAIN REGULATION, Paragraph 7.C. Ownership of <br />Property and Limitation of Use, and Paragraph 9. MAINTENANCE, which shall run in perpetuity. <br />12. LIABILITY <br />Each party hereto shall be responsible for any suits, demands, costs or actions at law resulting from <br />its own acts or omissions and may insure against such possibilities as appropriate. <br />13. CONTRACTING OFFICERS <br />A. The contracting officer for CITY shall be the Public Works Director, 749 Main Street, <br />Louisville, Colorado 80027. <br />B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th <br />Avenue, Suite 15613, Denver, Colorado 80211. <br />C. The contracting officers for PARTIES each agree to designate and assign a PROJECT <br />representative to act on the behalf of said PARTIES in all matters related to PROJECT <br />undertaken pursuant to this Agreement. Each representative shall coordinate all <br />PROJECT -related issues between PARTIES, shall attend all progress meetings, and shall be <br />responsible for providing all available PROJECT -related file information to the engineer <br />upon request by DISTRICT or CITY. Said representatives shall have the authority for all <br />approvals, authorizations, notices or concurrences required under this Agreement. However, <br />in regard to any amendments or addenda to this Agreement, said representative shall be <br />responsible to promptly obtain the approval of the proper authority. <br />14. RESPONSIBILITIES OF PARTIES <br />DISTRICT shall be responsible for coordinating with CITY the information developed by the <br />various consultants hired by DISTRICT and for obtaining all concurrences from CITY needed to <br />complete PROJECT in a timely manner. CITY agree to review all concept plans, preliminary <br />design plans, and final plans and specifications; and to provide comments within 21 calendar days <br />after the drafts have been provided by DISTRICT to CITY. <br />15. AMENDMENTS <br />This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments <br />to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. <br />16. SEVERABILITY <br />If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a <br />court of competent jurisdiction or by operation of any applicable taw, such invalid or unenforceable <br />clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or <br />provisions shall be given full force and effect. <br />17. APPLICABLE LAWS <br />This Agreement shall be governed by and construed in accordance with the laws of the Slate of <br />Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State <br />of Colorado and venue for the same shall lie in the CITY where PROJECT is located. <br />ldcmiugnnnti,161160810 7 <br />
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