Resolution 2012-62 - Laserfiche WebLink

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Maintenance costs shall include the provision of water and wastewater services, which Louisville agrees to provide at "in -city rates ". (iv) Capital Replacement Costs: Louisville and Lafayette agree to each bear 50% of capital replacement costs related to the ball fields and athletic fields, and all appurtenances thereto, including capital replacement costs for the rest rooms, concession stand (if constructed), scoreboards, parking lots, rights -of -way and access to the facilities from Highway 42. Louisville and Lafayette will enter into a separate agreement addressing a mechanism to assure capital replacement. 5. A new paragraph 4(i), addressing phases of construction and use, shall read as follows: (i) Phases of Construction and Terms of Control and Use of Louisville Ball Fields and Lafayette Athletic Fields. Lafayette may, in its sole discretion, construct the Lafayette Athletic Fields in two phases. The first phase shall be complete when the construction of three (3) of the six (6) athletic fields is completed. The second phase of construction shall be complete when the last three (3) of the (6) athletic fields are completed. Upon completion of the first phase of construction of the athletic fields by Lafayette, Lafayette shall be entitled to joint use of, and access to, two (2) of the Louisville Ball Fields (or a comparable joint use of all four (4) of the ball fields) and appurtenant facilities, and Louisville shall be entitled to joint use of the first three (3) completed Lafayette Athletic Fields. The provisions of paragraphs 4(h)(i), (ii) and (iii) shall otherwise apply to all such use after the first phase is completed, and before completion of the second phase, except that Louisville shall be responsible for sixty -six percent (66 %) of management and maintenance costs. 6. A new paragraph 14, addressing appropriations, shall read as follows: 14. No Multi -Year Fiscal Obligation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, the obligations under this Agreement are subject to annual appropriation by the City Councils of the Cities of Lafayette and Louisville. Notice shall be given promptly to the other Parties of any failure to appropriate such adequate monies. 7. Lafayette relinquishes its right to annex any portion of the Property that may exist under paragraph 3(d) of the IGA. 8. All other provisions of the IGA, including Exhibits A and B to the IGA, shall remain in full force and effect, except as expressly amended, or superceded, by this Amendment. 9. This Amendment may be executed in one or more counterparts, each of which when so executed shall be deemed an original, and such counterparts together shall constitute one and the same instrument. Page 4 of 7