Resolution 2012-54 - Laserfiche WebLink

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the Owner, or disconnection from the City in accordance with state law, as may be appropriate. The Owner specifically waives all rights and claims to any other remedies available at law or in equity for any breach of this Agreement accompanied by the exercise of any such discretion, including but not limited to discretion exercised by the rights of initiative or referendum. 26. No Warranties by City. It is the intention of the Owner and the present City Council, to be bound by this Agreement; however, the City makes no representation or warranty as to the validity or enforceability of such provisions and this Agreement against the City, and by entering into this Agreement the Owner acknowledges and accepts that no such representation or warranty is made on the part of the City. 27. Notice. All notices required under this Agreement shall be in writing and shall be hand -delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shad be sent. Notice to City. With copy to: Notice to Owner: City of Louisville City Manager 749 Main Street Louisville, CO 80027 Fax: (303) 673-9043 Light, Kelly & Dawes, P.C. 1512 Larimer Street, #300 Denver, CO 80202 Fax: (303) 298-1627 Robert Kline 815 Trail Ridge Drive Louisville, CO 80027 28. Election. Owner agrees that it is voluntarily entering into this Agreement. Owner represents and submits that, to the extent an election would be required pursuant to C.R. S. §31- 12-112, as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 29. No Third -Party Rights. This Agreement is made solely for the benefit of the parties hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 5