Resolution 2010-48 - Laserfiche WebLink

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JOINT USE AGREEMENT HI JOINT USE AGREEMENT "Agreement is made and entered into this g.S of Q, 2010, by and between the CITY OF LOUISVILLE, a Colorado home rule municipal corporation (hereinafter "City" or "Louisville and the COUNTY OF BOULDER, a body politic and corporate of the State of Colorado (hereinafter "County RECITALS WHEREAS, the County owns that certain real property legally described on Exhibit A which is known as the Bush Rodney Dean Open Space (the "Property'); and WHEREAS, pursuant to the Agreement and Grant of Easement (the "Easement attached hereto as Exhibit B, recorded November 5, 1987, in the Office of the Boulder County Clerk and Recorder at Reception No. 00887189, the County's predecessor in interest dedicated to the City a right -of -way and permanent easement to construct, maintain, repair, replace and operate, in perpetuity a subsurface water line or lines and other subsurface utility lines and appurtenances thereto over, above the surface, under and across a portion of the Property; and WHEREAS, as successor to the grantor of the Easement, the County retains the use of the Property insofar as its use does not interfere with the rights described in the Easement, but subject to the further provision that it "shall not be allowed to erect permanent building structures upon the described easement and WHEREAS, the County desires to construct trail improvements on the Property including a bridge structure, a portion of which is proposed to be located within a portion of the Easement, as more particularly described and depicted on Exhibit C attached hereto (the "Premises and WHEREAS, the County has requested permission from City to jointly use the Premises for the location of the bridge structure; and WHEREAS, notwithstanding the Easement's prohibition against erecting permanent building structures upon the Easement, the City is willing to grant permission to the County to jointly use the Premises upon the terms and conditions hereof. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the County hereby agree as follows: 1. Incorporation of Recitals. The above recitals are hereby affirmed and incorporated herein by reference. Joint Use Consent. The City hereby agrees to allow the County to occupy and jointly use the Premises for the following uses: 1