Resolution 2007-58 - Laserfiche WebLink

Home Browse Search

Drive right-of--way. Lafayette shall own and at its expense maintain improvements lying north of such boundary. e. Except for emergency repairs, neither Party shall close access to the Hecla Drive/Paschal Drive connection without advance notice to the other Party. In the event of 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 Hecla Drive/Paschal Drive intersection. 4. COOPERATION/GOOD FAITH/DOCUMENTS. In the performance of this Agreement or in considering any requested approval, acceptance, or extension of time, the Parties each agree that it will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition, or delay any approval, acceptance, or extension of time required or requested pursuant to this Agreement. Each Party shall promptly provide any information, approval or document necessary for implementation of this Agreement. Each Party shall issue those street cut permits, access permits and other procedural or substantive permits and approvals that are necessary in order to implement this Agreement, which permits and approval are not to be conditioned on payment of any fees or costs other than administrative costs for processing. The Party responsible as lead agency for any particular portion of improvements that are the subject of this Agreement shall provide periodic progress reports to the other Party on construction and related matters. Each Party shall provide to the other at no additional costs copies of any contracts, drawings, applications for payments, invoices, billing records and other records related to the improvements that are the subject of this Agreement. 5. CONTACT PERSONS. The contact persons for administering this Agreement shall be the Public Works Director of both Parties. Any approval hereunder required of a Party of any drawings, bid packages, construction contracts, designs or specifications may be granted or withheld by a writing issued by the Public Works Director of such Party. 6. ASSIGNMENT. This Agreement shall not be assigned by either Party without prior written consent of the other Party. 7. TIME OF ESSENCE/DELAYS. Time is of the essence in the performance of this Agreement. However, any delays in or failure of performance by any Party of its obligation under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities (other than of a Party), shortages of labor or materials, or other similar causes which are beyond the control of such Party. 8. DEFAULT AND RIGHT TO CURE. In the event that either Party shall be in default of this Agreement, the other Party shall provide notice to the defaulting Party specifically describing the default. The Party allegedly in default shall have 30 days from the date of such notice to cure the default. If such default is not so cured, the non-defaulting Party may pursue an 6