Resolution 2007-58 - Laserfiche WebLink

Home Browse Search

contracting for any construction of such improvements. For purposes of this Agreement, the Paschal West Extension improvements shall include roadway pavement, road base and sub-grade preparation, curb and gutters, stormwater drainage improvements and traffic control devices, but not street lights or the Pascal Drive/Highway 42 traffic signal improvements. e. Upon completion. of construction and acceptance thereof, Louisville shall own and at its expense maintain all Paschal West Extension improvements located within the municipal limits of Louisville. Upon completion of construction and acceptance thereof, Lafayette shall own and at its expense maintain all Paschal West Extension improvements located within the municipal limits of Lafayette. For any development that includes landscape and irrigation improvements in the Paschal West Extension right- of-way, the Party having jurisdiction over such development shall require the landscape and irrigation improvements located within such Party's jurisdiction be maintained by the developer and its successor owners' association. For any medians located in both Parties' jurisdictions, the Parties shall require that the developer(s) and their successor owners' association(s) jointly maintain and share equally in the costs of installing, maintaining, repairing and replacing the landscaping and irrigation improvements in the medians. Each Party shall require that there be established for such developments owners' association(s) and related covenants providing for maintenance of such improvements at the association(s)' expense. f. Except for emergency repairs, neither Party shall close access to the Paschal West Extension without advance notice to the other Party. In the event emergency repairs, the Party undertaking the repairs shall provide notice to the other Party of such repairs as soon as possible. Each Party shall also provide to the other notice as soon as possible of any other situations resulting in an interruption of traffic. The Parties agree to mutually coordinate any maintenance or non-emergency repair work that would impact the Paschal West Extension. g. Either Lafayette or Louisville may initiate construction of the Paschal West Extension improvements. The Party initiating the installation shall provide written notice of its intent to initiate such installation, which notice shall be given no less than 30 days prior to commencement of final engineering design. Louisville and Lafayette shall each be responsible for one-half of the costs of the Paschal West Extension improvements. The non-initiating Party shall reimburse or provide for the reimbursement to the initiating Party of one-half of the actual design and construction costs (but without interest) incurred in completing the Paschal West Extension improvements. Such reimbursement shall be by payments made as "new developments" adjacent to the Paschal West Extension are constructed, with payment for each such "new development" to be paid in full by the date the first access from such "new development" is connected and opened to traffic. Such payments shall reflect each such development's share of funding for the improvements. The Parties agree that no new development within the non-initiating Party's jurisdiction may access or use such improvements until funds advanced on behalf of the non-initiating Party are paid in full. 4