Resolution 2016-53 - Laserfiche WebLink

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JOINT USE AGREEMENT THIS JOINT USE AGREEMENT ("Agreement") is made and entered into this j day of tJe) , 2016, by and between the CITY OF LOUISVILLE, a Colorado home rule municipal corporation (hereinafter "City" or "Louisville") and ERIC HIIVALA (hereinafter "Owner"). RECITALS WHEREAS, Owner owns that certain real property legally described on Exhibit A and addressed as 10050 Empire Road, Louisville, Colorado (the "Property"); and WHEREAS, pursuant to the Business Center at C.T.C. Final Plat, recorded July 27, 1998, in the Office of the Boulder County Clerk and Recorder at Reception No. 1827896, a twenty foot (20') wide access and utility easement was dedicated to the City along the west boundary of Lot 15, Block 1, The Business Center at C.T.C. (the "Easement"), which Easement is depicted in Exhibit B; and WHEREAS, Owner desires to install private water, gas, telephone, sanitary sewer lines and a gravel access drive to serve the Property, portions of which lines and private access drive are proposed to be located within the Easement in order to connect utility lines and provide vehicular access to the Property from Taylor Avenue, as more particularly described and depicted on the civil engineering plans and specifications attached hereto as Exhibit C; and WHEREAS, Owner has requested permission from the City to jointly use portions of the Easement (hereinafter referred to as "the Premises"), for the location of the private utility lines and private access drive; and WHEREAS, the City is willing to grant permission to Owner to allow Owner's joint use the Premises upon the terms and conditions hereof. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Owner hereby agree as follows: 1. Permission for Joint Use. The City hereby agrees to allow Owner to occupy and jointly use the Premises for the installation, operation, maintenance, repair and replacement of private utility service lines, including water, gas, telephone, and sanitary sewer, and a private access drive, to provide such services and access to the Property (the "Permitted Improvements"). The location of all Permitted Improvements will be in accordance with the civil engineering plans and specifications attached as Exhibit C, as such plans and specifications may be amended from time to time with the City's prior written approval, and which are incorporated herein by reference as though set forth in full in this Agreement (hereinafter the "Plans and Specifications"). 2. Purposes. The Premises may be occupied and used by Owner for the sole purposes 1