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• IIIIIIIIIIII111111111111111 IIIIII 804019 w VIII III VIIIIIII IIII 09/09/2008 02:34P Boulder County Clerk, CO AC R 41.00 D 0.00 Upon the connection of a roadway or driveway within the city limits of Louisville to the Cimarron Drive Roadway, Louisville shall begin sharing equally (50%)in the expense of such maintenance. Lafayette shall, on an annual basis, provide an itemized bill to Louisville for Louisville's fifty percent (50%) share of the cost of the maintenance. Louisville will reimburse Lafayette within.sikty (60) days of the receipt of the itemized bill. The foregoing notwithstanding, at any time after such connection, either party may upon sixty (60) days prior written notice choose to terminate this provision for joint sharing of costs of maintenance by Lafayette, in which case Louisville and Lafayette shall then be solely responsible for maintenance of the Joint Public Improvements lying within their respective jurisdictions. Termination of this provision shall not effect a termination of this Agreement or release any obligation for payment of maintenance costs previously incurred and owing. The foregoing further notwithstanding, the connection of a future single driveway for the existing two (2) single-family dwelling units located on the Santini property as identified in Exhibit A shall not trigger Louisville's maintenance obligations. d. In the event that Louisville determines that the anticipated level of maintenance of the Joint Public Improvements, as indicated in Lafayette's operations budget and capital improvement budget for any year during the term of this Agreement, is inadequate, after notice to Lafayette, Louisville may undertake such maintenance ® activities as are necessary to improve the maintenance level to a level satisfactory to Louisville. If Louisville undertakes any such maintenance activities, it shall, on an annual basis, provide an itemized bill to Lafayette and Lafayette shall reimburse Louisville for fifty percent (50%) of the cost to Louisville for such maintenance activities within sixty(60)days of the receipt of the itemized bill. e. Both Parties agree to be responsible for the maintenance of the unimproved right-of-way (such as mowing) and maintenance of any Additional Public Improvements within their respective jurisdictions. Nothing in this Agreement shall prohibit either party from conducting street sweeping and snow plowing activities within the Cimarron Drive right-of-way. f. The construction drawings for the Cimarron Drive Roadway shall be approved in writing by both Lafayette and Louisville prior to commencement of construction. Lafayette shall require that the Joint Public Improvements be constructed in compliance with the approved construction drawings. Lafayette shall require and administer a development agreement for construction of the Joint Public Improvements, which agreement shall require a financial guarantee for completion of the Joint Public Improvements and a warranty of such Improvements upon their completion. g. Subject to the exceptions provided below, prior to commencing development on the property within the city limits of Louisville referred to as the Santilli Property, which is located on the south side of So. Boulder Road and immediately west of the Cimarron Drive Roadway, that includes a roadway connection to the Cimarron Cimarron Drive IGA Page 2 of 8