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<br />undertake elimination of the gas well facility. The attorney <br />stated further that the Subdivider will undertake an eviction <br />proceeding against Gerrity, the owner of the gas well, upon <br />conveyance of Outlot L back to the Subdivider. <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF LOUISVILLE, COLORADO: <br /> <br />1. Based on the foregoing, the Subdivider, The Meadows at <br />Coal Creek Corp., has failed to comply with Paragraph 8.2 of the <br />Subdivision Agreement. <br /> <br />2. Based on information provided by the Planning Department, <br />the Subdivider also has failed to act by September 3D, 1995, to <br />provide evidence of lien release for Outlots D through L in the <br />Subdivision. Paragraph 2.1 of the Subdivision Agreement requires <br />that conveyances to the City, such as Outlots D through L, must be <br />free and clear of all encumbrances and liens. <br /> <br />3. Paragraph 9.1 of the Subdivision Agreement provides that, <br />in the event the Subdivider should fail to timely comply with any <br />of the terms of the Subdivision Agreement, the City may, among <br />other actions, withhold any additional building permits, <br />certificates of occupancy, or provision of new utilities fixtures <br />or services. <br /> <br />4. Therefore, the City Council hereby: <br /> <br />a. Directs appropriate City staff to, at such time as any <br />applicable notice requirement of the Subdivision Agreement is met, <br />withhold issuance of any additional building permits and <br />certificates of occupancy for lots within the Subdivision owned or <br />controlled by the Subdivider until such time as the Subdivider is <br />in full compliance with the Subdivision Agreement. With respect to <br />the gas well in Outlot L, such building permits and certificates of <br />occupancy shall be withheld until full compliance with paragraph <br />8.2 of the Subdivision Agreement or until the Subdivider provides <br />a sum of money as additional improvement guarantee adequate in the <br />opinion of the City to pay the cost of obtaining and closing the <br />gas well and otherwise meeting the obligations of paragraph 8.2. <br /> <br />b. Authorizes the Mayor to execute appropriate documents <br />transferring ownership of Outlot L from the City to the Subdivider <br />until such time as paragraph 8.2 is fully complied with, at which <br />time the Subdivider shall transfer Outlot L to the City, or until <br />the City requests transfer of Outlot L back to the City, whichever <br />is earlier. <br /> <br />fASSED AND ADOPTED this <br /> <br />day of <br /> <br />, 1995. <br /> <br />3 <br /> <br />VO"d ~c91 S6e zoz <br /> <br />.J"d "3nON~1 ~ SH1I~~Id9 <br /> <br />91:vl S661-Z1-1JO <br />