Resolution 2016-53 - Laserfiche WebLink

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12. Binding Effect. This Agreement and the rights and obligations herein shall inure to the benefit of and be binding upon the parties and their respective representatives, successors and assigns, including Owner's successors in title to the Property. All of Owner's obligation hereunder shall apply with respect to initial installation and all future operation, maintenance, repair and replacement of the Permitted Improvements installed on the Premises. 13. Reserved Powers. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the City's ordinances or resolutions, or as a waiver of the City's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the City and its inhabitants. 14. Notice. Any notice or communication required or permitted hereunder shall be given in writing and shall be personally delivered, sent by facsimile transmission, or sent by national overnight courier or 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 Fax: (303) 335-4550 OWNER: Eric Hiivala 10050 Empire Road Louisville, CO 80027 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 upon personal delivery, receipt of facsimile transmission, or upon mailing (if sent by courier or United States mail) in compliance with this paragraph. 15. No Waiver. Waiver by the City of any breach of any term or provision of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other term or provision thereof. 16. Redevelopment. This Agreement applies to joint use of the Premises for the Permitted Improvements to serve residential development upon the Property. In the event of redevelopment of the Property for nonresidential use, the parties shall enter into an amendment of this Agreement or a replacement agreement which addresses requirements for nonresidential development as determined pursuant to the City's planned unit development regulations and applicable design standards and guidelines. 17. Fees and Costs. In the event of any dispute or litigation arising under the terms of this Agreement to secure or enforce its rights, or in the event of nonperformance of any obligation arising under this Agreement, the City, if it prevails in such dispute, shall be entitled, in addition to other damages or costs, to receive from Owner court costs and reasonable attorney fees. 5