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JUL-01-2003 09:35 DUNCRN.OSTRRNDER&DINGESS 363 779 3662 P.04i16 <br />The Petitioner City of Golden ("Petitioner") and the Respondent Colorado Department of <br />Transportation, ("Respondent"), by and through their counsel of record, hereby stipulate and <br />agree to the Petitioner's immediate possession of the property described in the Petition in <br />Condemnation upon the following tenors and wnditions. <br />A. Conditions PPF cecedent. The patties stipulate that the property described in the <br />Petition in Condemnation ("the Property") is accessary for the project described in the Petition In <br />Condemnation ("the Project'7, that Petitioner represents there has been a failure of good faith <br />negotiations between the Petitioner and the Respondent-Landowners with regard to the just <br />compensation sought to be paid for the Property and the terms of the acquisition, that any <br />disturbance of the possessory rights of the Respondents is necessary, that there is an immediate need <br />for possession of the Property by the Petitioner, and that the taking by the Petitioner is for a public <br />use and iri the public interest. <br />B. ~i~g GtandngIr:u~jate Possession. The parties agree that the Petitioner shall be <br />entitled to an Order Granting Immediate Possession that approves and incorporates the terns and <br />conditions of this Stipulation. Upon the entry of the Order Granting Immediate Possession, and <br />payment of any Deposit amount required pursuant to said Order, the Petitioner shall have the <br />undisputed right to possession of the Property. <br />C. ement. The patties have entered into a Settlement Agreement dated <br />attached hereto as Exhibit A and incorporated herein by reference. The <br />Settlement Agreement ;rarer olio acknowledges that the Respondent holds a leasehold interest in <br />a portion of the Pmporty by Lease Agreement dated March 3, 1999 with Respondent- <br />Landowners Sally Buckland and Glenda Guanella, as Lessors, and that said leasehold interest is <br />subject to apre-existing leasehold interest held by the Petitioner. <br />D. Relocation: The Respondent maintains two portable trailers on the Property <br />containing explosivos related to its avalanche control operations. Pursuant to the Settlement <br />Agreement, no later that June 10, 2003 Respondent shall tt'locate the two portable trailers, <br />explosives and other related materials to the easternmost of three berms formerly occupied by <br />Etnriek & Hill, Inc. and as designated by Petitioner and shall not thereafter use any portion of the <br />Property other than the berm designated by Petitioner. Respondent's access to the relocated site <br />shall lx coordinated with the Petitioner's reservoir construction manager and may be limited at <br />times due to construction activities. <br />E. Continuing_Lease. The Respondent's leasehold interest under the Lease Agreement <br />will expire on March 3, 2004. The Respondent acknowledges that upon obtaining htunediate <br />Possession of the Property the Petitioner shall succeed to the inttrests of the Respondent- <br />Landowners, as Lessors, and the Respondent's leasehold interest shall thereafter be extended <br />only with the prior written consent of the Petitioner. <br />F. Waiver of Just Com^ensation The Respondent waives any right to receive any just <br />compensation resulting from this proceeding ar any other payments from the Petitioner. <br />2 <br />