Resolution 2006-20 - Laserfiche WebLink

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JUL -05 -2006 WED 09:11 AM CITY OF LAFAYETTE 2. ACC The parties agree that the 'Santilli property and the Eagle Place i'ownhomcs property shall have access to Cimarron Drive. 3, C:ONTACT PERSONS. The contact persons for administering this Agreement shall be the Public Works Director of both Parties. 4. ASSIGNMRNTT.. This Agreement shall not be assigned by either Party without prior written consent of the other Party. 5, DELAYS. Any delays in or failure of performance by any Party of its obligation under this Agreement shall be excused if such delays or failure are a result of acts Of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such Party. C. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the Panics and there are no oral or collateral agreements or understandings. This Agrectnent tnay be amended only by an instrument in writing signed by the Parties. If any provision of this Agreement is held invalid or unenforceable no other provision shall he affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect, Cimarron Drive: iGA FAX NO. 3036652153 P. 04 Drive Roadway, Louisville agrees to require the developer to escrow one- fourth the cost of a traffic signal at the Cimarron Drive Roadway and So. Boulder Road intersection. Louisville further agrees that these escrowed funds will be paid to Lafayette upon the installation of a traffic signal at such intersection; or immediately transferred to Lafayette if such signalization occurred prior to the development. The amount escrowed shall be based upon an estimate mutually acceptable to Louisville and Lafayette (if escrowed prior to signalization) or upon certified construction (if escrowed after signalization). Exceptions to this paragraph include: any remodeling or expansion of existing structures, demolition of existing structures, construction of new buildings, fences or other projects requiring a Louisville building permit that are ancillary to the current residential use. h. Louisville agrees that, as part of the final approval of any development on the Santilli Property (other than the development set forth in the last sentence of paragraph g, above), Louisville shall require that the developer of the Santilli Property make reimbursement payment for Cimarron Drive Roadway public improvements as provided for in the PEAK- SANTILLI AGREEMENT, the recording information of which is attached as Exhibit B. Louisville shall have no obligation for enforcement of the PEAK- SANTILI,.I AGREEMENT, and shall not be responsible for collection or payment of reimbursement payments provided for in such AGREEMENT. i. 130th parties acknowledge that any development of the Santilli property, other than the development excepted in subparagraph g. above, will require an extension of Cimanron Drive, or provisions for construction''' of an adequate terminus for Cimarron Drive. Page 3 ot'