Resolution 2023-77 - Laserfiche WebLink

Home Browse Search

Without waiving the privileges and immunities conferred by the Colorado Governmental Immunity Act, Section 24-10-10 I et seq., C.R.S., each party shall be responsible for any claims, demands or suits arising out of its own negligence. It is specifically understood and agreed that nothing contained in this paragraph or elsewhere in this Agreement shall be construed as an expressed or implied waiver by any party of the rights, immunities, protections, and limitations afforded the parties by the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq., as same may be amended from time to time. 4. Non -Appropriation. Because this Agreement may extend beyond the current fiscal year, the parties understand and intend that the obligation of the parties to pay any costs hereunder constitutes a current expense of the parties payable exclusively from the parties' funds and shall not in any way be construed to be a general obligation of indebtedness of the parties, within the meaning of any provision of Article XI of the Colorado Constitution, or any other constitutional or statutory indebtedness. None of the parties has pledged the full faith and credit of the state, or the parties, to the payment of the charges hereunder, and this Agreement shall not directly or contingently obligate the parties to apply money from, or levy, or pledge any form of taxation to the payment of any costs. Notwithstanding any other provision of this Agreement to the contrary, any financial obligation of any party extending beyond its current fiscal year shall be subject to annual appropriation, budgeting, and availability of funds, and in the event of a non - appropriation relative to this Agreement, the ELA, or both, this Agreement shall terminate effective December 31 of the then -current fiscal year. 5. Notices. Any notices, bills, invoices, or other documents required by this Agreement shall be sufficiently delivered if sent by the parties in the United States mail, postage prepaid, or by email to the parties at the following addresses: City of Louisville Town of Estes Park 749 Main Street PO Box 1200 Louisville, CO 80027 Estes Park, CO 80517 Attn: Kurt Kowar (kurtk alouisvilleco.gov) Attn: Reuben Bergsten (rbergsten(cr�,estes.org) 6. Default. In the event any party fails to make any payment required by Louisville, or perform any other covenant of this Agreement, such party shall be provided written notice that its participation in this Agreement will be terminated unless cured within thirty (30) days of the notice of default. Unless termination is due to non- appropriation of funds, termination shall not relieve the defaulting party of any financial obligations that were due prior to the default and such obligation shall be subject to all costs of collection including reasonable attorney fees. 7. Joinder of Additional Parties. Additional parties may, subject to the unanimous approval of all current parties, and upon approval of Lucity, and execution of a sublicense agreement, become parties to this Agreement, upon which the parties shall adjust the financial responsibility of each based upon each entity's population. 2