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JUL Ub 203 WED U9:1U All C1'I'Y OF LAFAYETTE <br />Cimarron Drive iCA <br />FAX NO. 3036652153 <br />Upon the connection of a roadway or driveway within the city limits of Louisville to the <br />Cimarron Drive Roadway, Louisville shall beginsharing equally (50 in the expense of <br />such maintenance. Lafayette shall, on an annual basis, provide an itemized bill to <br />Louisville for Louisville's fifty percent (50 share of the cost of the maintenance: <br />Louisville will reimburse Lafayette within sixty X60) days of the receipt of the itemized <br />bill. The foregoing notwithstanding, at any time'. after such connection, either party may <br />upon sixty (60) days prior written notice choose to terminate this provision for joint <br />sharing of costs of nmaintenance by Lafayette, in which case Louisville and Lafayette <br />shall then be solely responsible for maintenance of the Joint Public Improvemments lying <br />within their respective jurisdictions. Termination of this provision shall not effect a <br />termination of this Agreement or release any obligation for payment of maintenance costs <br />previously incurred and owing. <br />The foregoing further notwithstanding, the connection of a future single driveway for the <br />existing two (2) single family dwelling units located on the Santilli property as identified <br />in Exhibit A shall not trigger Louisville's maintenance obligations. <br />P. 03 <br />d. In the event that Louisville determines that the anticipated level of <br />maintenance of the Joint Public Improvements, indicated in Lafayette's operations <br />budget and capital improvement budget for any ear during the term of this Agreement, <br />is inadequate, after notice to Lafayette, Louisville may undertake such maintenance <br />activities as are necessary to improve the maintenance level to a level satisfactory to <br />Louisville, If Louisville undertakes any such maintenance activities, it shall, on an <br />annual basis, provide an itemized bill to Lafayette and Lafayette shall reimburse <br />Louisville for fifty percent (50 of the cost to Louisville for such maintenance activities <br />within sixty (60) days of the receipt of the itemized bill. <br />e. Both Parties agree to be responsible for the maintenance of the <br />unimproved right- of-way (such as mowing) and 'Maintenance of any Additional Public <br />Improvements within their respective .jurisdictions. Nothing in this Agreement shall <br />prohibit either party from conducting street sweeping and snow plowing activities within <br />the Cimarron Drive right -of -way. <br />f. The construction drawings for the Cimarron Drive Roadway shall be <br />approved in writing by both Lafayette and Louisville prior to commencement of <br />construction. Lafayette shall require that the Joint Public Irmprovements be constructed <br />in compliance with the approved construction drawings. Lafayette shall require and <br />administer a development agreement for construction of the Joint Public improvements, <br />which agreement shall require a financial guarantee for completion of the ,Joint Public <br />Improvements and a warranty of such Improvements upon their completion. <br />Subject to the exceptions provided below, prior to commencing <br />development on the property within the city limits of Louisville referred to as the Santilli <br />Property, which is located on the south side of So. Boulder Road and immediately west <br />of the Cimarron Drive Roadway, that includes a 'roadway connection to the Cimarron <br />I'agc 2 of 8 <br />