City Council Agenda and Packet 1985 03 05

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• • Lessor the suss of One Hundred and Twenty Dollars ($120.00) upon receipt of a dslY executed stook transfer order directing ?armors Reservoir and Irrigation Cosipany to transfer the water i appurtenant to the leased shares to the Lessee's heedgate. 5. Notices required or desired to be given hereunder shall J be delivered in person or mailed certified wail, return receipt II ' regoested as follows 1! • Lessors Lessees iiThomas N. turbot City Administrator ; 6777 Wadsworth Blvd. City of Louisville Suite 102-A 749 Stain street Arvada, CO 10003 Louisville, CO 00027 I or to such other addresses, notice of which are provided in the II samm manner. fal 6. Time is of the essence hereof, and if any payment or / • other condition hereof is not sad., tendered or performed by either the Lessor or the Lessee as herein provided, than this agreement, at the option of the patty who is not in default, may • be terminated by such party, in which case the non-defaulting tparty may recover such damages as say be proper. In the event of default by the Lessee, any payments made hereunder shell be retained by the Lessor as liquidated damages. Nothing herein shall be construed to prevent an action for specific performance of this agreement. 7. The Lessee covenants that at the expiration of the Lease peaceable possession of said water rights shall be given up to Lessor. 1. If any judicial proceeding may hereafter be brought to enforce any of the provisions hereof, including an action for damages or specific performance, the prevailing party shall be entitled to recover the costs of such proceeding including reasonable attorney's fees. 1W WITNUU Val* r, the parties hereto have executed the • • foregoing in duplicate original counterparts the day and year . 1 I