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Fields, and (ii) Louisville may redevelop the existing parking area as necessary, <br />provided it does not expand the boundaries of the existing parking area, at its <br />expense and subject to the written approval of Lafayette with respect to any <br />increases in cost associated with maintenance and capital costs covered by <br />paragraphs 4(h)(iii) and 4(h)(iv), to enhance its use as shared parking. <br />3. A new paragraph 3(e), addressing maintenance access to the property, shall read: <br />(e) <br />Maintenance Access. Subject to unanimous approval by the Parties, <br />construction and maintenance of a future secondary entry to South <br />Boulder Road from the east side of the Property, for the purpose of <br />maintenance access only, shall be a permissible use under this Agreement. <br />4. A new paragraph 4(h), addressing the joint use and management of the Louisville Ball <br />Fields and Lafayette Athletic Fields, shall read: <br />(h) Management. Maintenance, Control and Use of Louisville Ball Fields and <br />Lafayette Athletic Fields. Upon completion of the development of the <br />Lafayette Athletic Fields, the following shall govern the use, maintenance, <br />and management of both the Louisville Ball Fields and the Lafayette <br />Athletic Fields: <br />(i) Mutual Right to Access and Use Developed Areas: Lafayette and <br />Louisville each agree to allow each other mutual use of, and access to, the <br />Louisville Ball Fields and the Lafayette Athletic Fields, and all <br />appurtenances thereto, including the ball fields, athletic fields, rest rooms, <br />concession stand (if constructed), scoreboards, parking lots, rights -of -way <br />and access to the facilities from Highway 42. It is the intent that the Ball <br />Fields and Athletic Fields be jointly administered for the equal benefit of <br />the citizens of both Cities. <br />(ii) Scheduling of Use: The City Managers for Louisville and <br />Lafayette, or their designees, shall agree on a method to schedule use of <br />the ball fields, athletic fields, and the appurtenant facilities by the Cities <br />and their citizens. The Managers shall consider requests from Louisville <br />and Lafayette and outside users, and shall agree to a schedule of use of the <br />ball fields, athletic fields, and the appurtenant facilities in an equitable <br />manner. There shall be no veto power in any one of the Parties with <br />respect to setting the schedule of use. <br />(iii) Management and Maintenance Costs: Lafayette and Louisville <br />shall be equally responsible for the aggregate management costs and <br />maintenance costs associated with the Louisville Ball Fields and the <br />Lafayette Athletic Fields, and all appurtenances thereto. Lafayette and <br />Louisville shall address actual maintenance responsibilities, and payment <br />of the respective parry's share of such costs, by separate agreement. <br />Page 3 of 7 <br />