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<br />COVENANTS <br /> <br />NOW, THEREFORE, for and in consideration of the premises and the mutual covenants <br />herein, the City and the District agn:e as follows: <br /> <br />ARTICLE 1 <br />DEFINITIONS <br /> <br />1.1 As used throughout this Agreement, these terms are defined as follows: <br /> <br />a. "City": the City of Louisville, Colorado. <br /> <br />b. "City Policy": refers to the Charter, Code, rules, regulations, standards <br />and policies of the City, including the City's Design and Construction Standards as may be <br />applicable, as the same may be amended from time to time. <br /> <br />c. "Construction Acceptance": construction acceptance of the Project by the <br />City in accordance with Section 2.3 of this Agreement. <br /> <br />d. "District": the Colorado Tech Center Metropolitan District. <br /> <br />e. "Final Acct:ptance": final acceptance of the Project by the City III <br />accordance with Section 2.4 of this Agreement. <br /> <br />f. "Final Plans and Specifications": the plans and specifications for <br />construction of the Project as designed and approved by the City Engineer in accordance with City <br />Policy. <br /> <br />g. "Future Project"': the future roadway and drainage improvements to be <br />constructed by the City as described in Exhibit A. <br /> <br />h. "Parties": n~fers jointly to the City and the District. <br /> <br />i. "Project": 1the construction of the Street Improvements pursuant to the <br />construction plans as approved by the City. <br /> <br />ARTICLE 2 <br />ENGINl~ERING AND CONSTRUCTION <br /> <br />2.1 Payments for Engineering and Construction Costs. The parties desire that the <br />District shall act as the lead agency to plan, design, engineer, construct and install the Project, <br />pursuant to the construction plans approved by the City. The estimated costs of completing the <br />engineering, surveying, planning, labor and construction of the Project is approximately Two <br />Million Dollars ($2,000,000). The District will undertake the Project and directly incur the costs <br />thereof. The District shall pay all costs for the Project. The District shall maintain accurate <br />records of the costs incurred by the District for the Project, which records shall be available for <br />inspection by the City upon reasonable notice and at reasonable times. <br /> <br />2 <br />