Resolution 2023-37 - Laserfiche WebLink

Home Browse Search

SUBDIVISION AGREEMENT (Nicolas DiGiacomo Addition — Replat B) THIS SUBDIVISION AGREEMENT (this "Agreement") is entered into as of A , 2023 (the "Effective Date"), by and between the City of Louisville, a Color do home rule municipal corporation ("City"), and Defend Colorado, LLC ("Subdivider"). City and Subdivider, collectively, are hereinafter referred to as the "Parties". RECITALS: A. Subdivider is seeking City approval of that certain Final Subdivision Plat ("Final Plat") for the Nicolas DiGiacomo Addition — Replat B ("Subdivision") for purposes of subdividing one (1) lot into two (2) lots. B. The Public Works Director has deemed it necessary, pursuant to Section 16.20.040 of the Louisville Municipal Code, that the Subdivider install water and sewer services to Lot 1, Nicolas DiGiacomo Addition — Replat B Subdivision, and removal of the drive ramp and restoration of curb, gutter and walk located on Main Street and that the Subdivider restore the street following such work, as further set forth in Exhibit A, attached hereto and incorporated herein by this reference (the "Work"). C. The Parties desire to set forth their agreement as to the Subdivider's furnishing of an improvement guarantee and the completion of the Work. NOW, THEREFORE, for and in consideration of the foregoing and the mutual covenants of the Parties hereto, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Improvement Guarantee. Subdivider shall submit to the City an improvement guarantee in the amount of $18,396.00 to secure the Subdivider's faithful performance of its obligations hereunder ("Improvement Guarantee"). The Improvement Guarantee may be in cash or a letter of credit in form and substance as shown on Exhibit B, attached hereto and incorporated herein by reference. The Improvement Guarantee, if a letter of credit, shall not expire during the winter season (November I - March 1). The Improvement Guarantee shall be furnished prior to recordation of the Final Plat. 2. Permit and Construction Drawings. The Subdivider, at its own expense, shall submit to the City (i) a complete application for a right-of-way excavation permit in accordance with Chapter 12.12 of the Louisville Municipal Code ("ROW Permit"), and (ii) complete construction drawings, relative to the Work. 3. Construction. Following issuance of the ROW Permit and City approval of the construction drawings, Subdivider shall perform the Work (a) within the timeframe set forth in the ROW Permit, and (b) in accordance with (i) the terms and conditions of the ROW Permit, (ii) the construction drawings approved in writing by the City, (iii) the Final Plat, and (iv) the City's