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Surface Repairs within Exclusive City of Louisville Easements. The obligation of <br />the City to repair or replace landscaping, irrigation, pavement, sidewalk, <br />curb/gutter, and private subdivision signage improvements within the City's <br />exclusive easements that are damaged by the City in connection with its <br />operation or maintenance of water main, City -owned portion of water services, <br />sanitary sewer, and storm sewer shall be limited to the repair or replacement of <br />the damaged portion of said improvements to an equal or better condition than <br />the condition existing immediately prior to the damage by the City, except that <br />damaged landscaping may be replaced with materials of like size, type and <br />maturity as when originally installed, except that any damaged landscape, <br />irrigation, concrete flatwork, planters, structures and other surface improvements <br />shall be repaired by the Subdivider and the City shall have no responsibility for <br />repair or replacement of any damaged landscape, irrigation, concrete flatwork, <br />planter <br />4. Prior to recording the plat, the City Engineer shall approve the water rights credit <br />amount noted in Section 8.3 of the SIA. <br />5. Prior to recording the plat, the City Engineer shall approve the cost estimate and <br />Exhibit I for the sanitary sewer extension to the parks parcel and the applicant shall <br />revise Section 9.3 to reflect that there shall be a cash payment to the City reflecting <br />2/3 of the cost of the new sanitary sewer line that shall be held by the City until the <br />improvements are constructed. <br />6. Prior to recording the plat, the applicant shall add a Section 9.6 to the SIA providing <br />for reimbursement to the City for widening 96th Street to four lanes north of Dillon <br />Road equal to 14% of the cost of the improvements. <br />7. Prior to recording the plat, the SIA and Escrow Agreement, Agreement Regarding <br />Water Rights Dedications and Wastewater Treatment System Upgrades, and <br />Operations and Maintenance Agreement shall be completed and fully executed. <br />8. Prior to recording the plat, the applicant shall provide a public access easement <br />from BVSD for the underpass access ramp that extends beyond the dedicated <br />right of way. <br />9. Prior to recording the plat, the applicant shall provide the required easement and <br />completed agreement with the Goodhue Ditch and Reservoir Company addressing <br />the relocation of the Goodhue Ditch. <br />10. Prior to recording the plat, the applicant shall provide warranty deeds, title <br />insurance, and legal descriptions that shall be approved by the City Attorney and <br />City Engineer for the dedication of all public tracts on the plat and for the Campus <br />Drive right of way dedication from the BVSD. <br />PASSED AND ADOPTED this 20th day of August, 2024. <br />Attest: <br />Genny line, Interim City Clerk <br />By: <br />c 14. <br />Christopfi M. Leh, Mayor <br />Resolution No. 38, Series 2024 <br />Page 2 of 2 <br />