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RESOLUTION NO. 41 SERIES 2013 A RESOLUTION APPROVING A REFUND FOR WATER AND SEWER TAP FEES FOR CONFLUENCE DEVELOPMENT WHEREAS, the City of Louisville ( "City ") on May 21, 2013 approved Ordinance No. 1633, Series 2013 ( "Ordinance ") providing for various revisions to the Louisville Municipal Code regarding water and sewer tap fees and irrigation taps for townhouse, multifamily dwelling units and senior independent living unit projects. WHEREAS, Section 5 of the Ordinance provides that by separate written agreement approved by resolution of the City Council, any provisions hereof may be made applicable to taps which have been purchased and paid for but not installed as of the date of City Council approval of the ordinance on second and final reading. WHEREAS, Confluence Development has submitted a letter ( "Letter ") requesting a refund for water and sewer tap fees paid for but not installed prior to May 21, 2013 in the amount of $643,163. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: 1. The proposed water and sewer tap fee refund of $643,163, is hereby approved in essentially the same amount as the copy of such Letter accompanying this Resolution. 2. The Mayor is authorized to execute such refund, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said refund as the Mayor determines are necessary or desirable for the protection of the City, so long as the essential terms and conditions of the refund is not altered. 3. The Mayor, City Manager, Director of Public Works and City Staff are further authorized to do all things necessary on behalf of the City to perform the obligations of the City under such refund. PASSED AND ADOPTED this — day of , 2013. ancy Va a, City Clerk &Ji Robert P. Muckle, Mayor Resolution No. 41, Series 2013 Page 1 of 1