Resolution 2010-48 - Laserfiche WebLink

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registered or certified mail, return receipt requested, addressed as follows: City: County: City Manager Boulder County City of Louisville c/o Boulder County Parks and Open Space 749 Main Street 5201 St. Vrain Road. Louisville, CO 80027 Longmont, CO 80503 or to such other address or the attention of such other person(s) as hereafter designated in writing by the applicable parties. Notices shall be effective upon mailing. 14. Non waiver. Waiver by the City or the County 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 15. Breach; Termination. The City may terminate this Agreement if any breach hereof remains uncured ten (10) days after written notice of breach is given to the County; provided that if such breach is not susceptible to cure within such ten -day period, that the County shall have such longer period of time as is reasonable and necessary, when acting with diligence, to cure such breach, provided no such period shall exceed 120 days. 16. Removal; Relocation. The City shall have the right to require the County to relocate, remove, replace, or modify, at the County's expense, the Trail Facilities within the Premises when reasonable public convenience requires such change. For example, without limitation, by reason of public safety or the installation, removal, or relocation of sewers, drains, gas or water pipes, or any other types of improvements allowed by the Easement and for public purposes. Except during an emergency, the City shall provide written notice to the County, not to be less than ninety (90) days, and allow the County the opportunity to perform such action. Following notice by the City, the County shall relocate, remove, replace, or modify any of its Trail Facilities within the Premises or on any other portion of the Easement. If the City requires the County to relocate its Trail Facilities, the City shall make a reasonable effort to provide the County with an alternate location within the Easement. 17. Agreement Personal. This Agreement is personal to the parties hereto. The County shall not transfer or assign any rights hereunder without the prior written approval of the City. 18. Attorney's Fees. In the event of any dispute or litigation arising under the terns of this Agreement to secure or enforce its rights, or in the event of nonperformance of any obligation arising under this Agreement, the prevailing party shall be entitled, in addition to other damages or costs, to receive from the non prevailing party court costs and reasonable attorneys' fees. 18. Integration Clause. This Agreement and the attached exhibits contain the entire agreement between the parties relating to the County's joint use of the Premises and may be modified 5