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NOW, THEREFORE, in consideration of the mutual covenants and agreements herein <br />contained, the Parties agree as follows: <br />1. Incorporation of Recitals. The Parties confirm and incorporate the foregoing <br />recitals into this Agreement. <br />2. Responsibilities of Louisville. Louisville will oversee the completion of the Design <br />Phase of the Project, will be the lead agency with respect to contracting and communicating with <br />CDOT, and shall be solely responsible for all contracting, supervisory and administrative matters <br />related to execution of the Grant and completion of the Design. Phase. Louisville will advise <br />Lafayette of the timeline for the Design Phase, will provide Lafayette a copy of Louisville's <br />agreement with the consultant engaged to complete Design Phase, will provide updates of the <br />progress on the Design Phase upon request, and will provide Lafayette copies of all design <br />drawings, plans and other materials prepared by the consultant for the Design Phase. <br />3. Project Costs. The Parties have estimated the Design. Phase of the Project to cost <br />$350,000 and agree that $289,765.00 in Grant fixnds shall be applied toward the Design Phase. For <br />the remaining costs of the Design Phase, Lafayette agrees to pay $15,050.00 and Louisville agrees <br />to pay $45,185.00. This represents a one-quarter/three-quarter split of local matching Buds for the <br />Design Phase costs based on the number of quiet zones within each Party's jurisdiction. <br />4. Reimbursement of Costs. Each quarter commencing with the first quarter after the <br />Design. Phase is commenced, Louisville shall send Lafayette an invoice for the Design Phase costs <br />incurred by Louisville in the prior quarter, including copies of invoices and pay applications <br />received from the consultant. Lafayette agrees to reimburse Louisville for Lafayette's portion of <br />the Design Phase costs (one -quarter of the Design Phase costs less the Grant hinds applied to that <br />portion of the Project) within 30 days of receipt of each invoice up to, but not exceeding the total <br />set forth in Section 3. The Parties agree that no costs in excess of the amounts set forth in <br />Section 3 shall be incurred for the Design Phase without prior written approval of both Parties <br />and that excess costs shall be split on a one-quarter/three-quarters basis unless otherwise agreed <br />to. <br />5. Cooperation. <br />a, In the performance of this Agreement or in considering any requested approval, <br />acceptance, or extension of time, the Parties each agree that they will act in good faith and will not <br />act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition, or delay any <br />approval, acceptance, or extension of time required or requested pursuant to this Agreement. Each <br />Party shall promptly provide any information, approval or document necessary for implementation <br />of this Agreement. Each Party will execute such additional documents and agreements as necessary <br />to effectuate the Project, including but not limited to cooperating to obtain all required PUC and <br />BNSF approvals, permits and agreements required for the Project. Each Party shall issue those <br />street cut permits, access permits and other procedural or substantive permits and approvals that are <br />necessary for the Project, which permits and approval are not to be conditioned on payment of any <br />fees or costs other than administrative costs for processing. Louisville shall provide periodic <br />progress reports to Lafayette on the Project and related matters. Each Party shall provide to the <br />2 <br />