Resolution 2024-40 - Laserfiche WebLink

Home Browse Search

Detention Pond and facilities, provide the City with copies of Inspection Reports, and provide and maintain a Performance Guarantee, all as required by the Agreement. NOW, THEREFORE, in consideration of the recitals, promises, payments, covenants and undertakings hereinafter set forth, and other good and valuable consideration, which is hereby acknowledged and receipted for, the parties agree as follows: 1. The foregoing recitals are incorporated herein. 2. Delo Apartments hereby assigns, sets over and transfers unto Assignees all of its right, title and interest in and to and delegates all its obligations set forth in the Detention Pond Maintenance and License Agreement (the "Agreement") and Assignees hereby accept such assignment and assumes and agrees to perform all of the terms and covenants of the Agreement, including providing the Performance Guarantee required by the Agreement, performing inspections of the Detention Pond and facilities at least once every six months, and providing Inspection Reports to the City. 3. The City hereby approves the foregoing assignment and delegation, conditioned upon execution of this Assignment by all parties and further conditioned upon Assignees providing the cash Performance Guarantee required by the Agreement. 4. Delo Apartments and Assignees each agree to indemnify and hold hamiless the City, its officers, employees, agents, and servants, and to pay any and all judgments rendered against said persons on account of any suit, action, or claim caused by, arising from, or on account of the acts or omissions or representations in this Assignment by each and their officers, employees, agents, consultants, contractors, and subcontractors or representations by each in this Assignment, and to pay to the City and said persons their reasonable expenses, including but not limited to reasonable attorney fees and reasonable expert witness fees, incurred in defending any such suit, action or claim; provided, however, that such obligation herein shall not apply to the extent said suit, action, or claim results from any acts or omissions of officers, employees, agents or servants of the City. 5. This Assignment may be executed in one or more counterparts, and when all counterparts are so signed, the sum of them shall be considered the original, and shall be deemed to have been signed as one integrated document. 6. The addresses for any notice pursuant to this Assignment or the Agreements shall be as follows: City of Louisville Attn: City Manager 749 Main Street Louisville, CO 80027 2 with a copy to: City of Louisville Attn: City Attorney 749 Main Street Louisville, CO 80027