Resolution 2011-80 - Laserfiche WebLink

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AGREEM EN.T NOW THEREFORE, for good and valuable consideration,the receipt and adequacy of which are hereby acknowledged, City and Subdivider hereby agree as follows: I. Substitution of Exhibit B. Exhibit :B to the Subdivision Agreement is hereby deleted in its entirety and replaced with the Exhibit B attached to this Second Amendment. 2. Substitution of Exhibit B-1. Exhibit B-1 to the Subdivision Agreement is hereby deleted in its entirety and replaced with the Exhibit B-1 attached to this Second Amendment. 3. Substitution.:of Exhibit B-2. Exhibit B-2 to the Subdivision Agreement is hereby deleted in its entirety and replaced with the Exhibit B-2 attached to this Second Amendment. 4. Amendment Regarding Landscaping. The Subdivision Agreement is hereby amended by the addition Of a new paragraph 4.6 as follows: "4.6 Surface Repairs within Exclusive City of Louisville Easements and Tract U. The obligation of the City to repair or replace landscaping, irrigation, pavement, sidewalk, curb/gutter, and private subdivision signage improvements within the City's exclusive easements and Tract U that are damaged by the City in connection with its operation or maintenance of water main, city-owned portion of water services, sanitary sewer, and storm Sewer shall be limited to the repair or replacement of the damaged portion of said improvements to an equal or better condition than the condition existing immediately prior to the damage by the City, except that damaged landscaping may he replaced with materials of like size,type and maturity as when originally installed.' 5. The fifth to last sentence of Section 1.6 of the Subdivision Agreement, as previously amended by the First Amendment, is hereby amended to read in full as follows (words added are underlined; words deleted are stricken ): In addition to the restrictions set forth in Sections 1.1, 1.11, and 1.14, no certificates of occupancy shall be issued by the Building Division within a Phase prior to Construction Acceptance of all public improvements for such Phase, except that the City in its discretion may issue not more than two'(2) fourteen (14) certificates of occupancy within Blocks 1, 6, 15, and. 16 prior to Phase l Construction Acceptance. 6: The second to last Section 1.14(a) of the Subdivision Agreement, as previously amended by the First Amendment, is hereby amended to read in full as follows (words added are underlined; words deleted are ctricken through): 2