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2.8 Operation of Construction Equipment. <br />(a) Pursuant to Section 9.34.040 of the Louisville Municipal Code the operation <br />of construction equipment outside an enclosed structure shall be prohibited between the <br />hours of 8:00 p.m. and, on weekdays, the hour of 7:00 a.m. or, on legal holidays and <br />weekends, the hour of 8:00 a.m. The Planning Director may, upon written application from <br />Subdivider, alter the hours of operation for good cause. <br />(b) The operation of construction equipment for the purpose of grading or <br />constructing either surface improvements or underground utilities, either public or private, <br />shall be prohibited between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and 4:00 <br />p.m. and 8:00 a.m. on legal holidays and weekends. Upon written request from <br />Subdivider, the hours of operations may be altered by the Director of Public Works. <br />3.0MISCELLANEOUS TERMS <br />3.1 Breach of Agreement. In the event that the Developer should fail to timely <br />comply with any of the terms, conditions, covenants and undertakings of the Agreement, <br />and if such noncompliance is not cured and brought into compliance within thirty (30) <br />days of written notice of breach of the Developer by the City, unless the City in writing <br />and in its sole discretion designates a longer cure period, then the City has the right to <br />begin work on the improvements at the expense of the Developer, and further may draw <br />upon the Improvement Guarantee to complete the necessary improvements or such other <br />action is necessary to cure the default, at Developer's expense. Developer's expense <br />shall be limited to the costs incurred by the City, as defined herein. Notice by the City to <br />the Developer will specify the conditions of default. If the City determines in its sole <br />discretion that an emergency exists, such that the improvement must be completed in <br />less than seven (7) days, the City may immediately draw upon the Improvement <br />Guarantee, if available, and may complete the improvements at Developer's expense <br />even if the Improvement Guarantee is not available; in such event, the City shall use its <br />best efforts to notify Developer at the earliest practical date and time. The City may also, <br />during the cure period and until completion of the improvements in compliance with this <br />Agreement, withhold any additional building permits, certificates of occupancy, or <br />provision of new utilities fixtures or services. Nothing herein shall be construed to limit the <br />City from pursuing any other remedy at law or in equity which may be appropriate under <br />city, state or federal law. Failure to timely complete construction of improvements which <br />is due to inclement weather, unavailability of labor or materials, or force majeure shall not <br />be considered a breach of the Agreement. Any costs incurred by the City, including, but <br />not limited to, reasonable administrative costs and reasonable attorney's fees, in pursuit <br />of any remedies due to the breach by the Developer shall be the responsibility of the <br />Developer. <br />3.2 Recording of Agreement. The City shall record this Agreement at Developer's <br />expense in the office of the Clerk and Recorder, County of Boulder, State of Colorado, <br />and the City shall retain the recorded Agreement. <br />8 <br />