Common use of DEVELOPER OBLIGATIONS AND IMPROVEMENTS Clause in Contracts

DEVELOPER OBLIGATIONS AND IMPROVEMENTS. 1. Developer shall design, construct, install, and pay for, according to the Town approved plans set forth in Exhibits “A,” “B,” “C,” and “D,” all common Site Plan public improvements as specifically set forth in Section 1.A.3., herein below and on Exhibit “A,” and approved as the Block 6 Amendment, such Site Plan public improvements hereinafter referred to as the “Improvements.” The Improvements shall be constructed in accordance with the Site Plan, Development Plan, Architectural Plan and Landscape Plan. In addition the Developer shall install all new utilities, including drainage facilities as approved by the Town as a component of the Development, and relocate existing utilities as necessary and as directed by the Town. These utility and drainage improvements and relocations shall be in accordance with the Development Plan, Landscape Plan and the Town of Xxxxxx Construction Specifications (as defined herein, below). 2. Developer shall grant a utility easement, as legally described on Exhibit “E,” to the Town by separate instrument, in the form marked Exhibit “F,” attached hereto and incorporated herein by this reference (the “Utility Easement Form”). The utility easement shall be signed by the Developer and granted to the Town at the time of approval of the Block 6 Amendment by the Town Council. 3. Developer shall construct the following Improvements on the Development Property in accordance with the Site Plan and the Development Plan, as such plans are set forth on Exhibits “A” and “B,” at Developer’s sole cost. a. Remove the existing concrete curb & gutter and concrete sidewalks necessary for the installation of a new concrete curb cut along Lookout Ridge Road. b. Install a new 6” Ductile Iron Fire Hydrant lateral, fire hydrant and all required fittings and appurtenances, and connect the new fire hydrant lateral to the existing main stubbed into the Development Property. 4. Developer shall modify the Site Plan, Development Plan, Construction Plan, Architectural Plan (Exhibits “A,” “B,” “C,” and “D”) in accordance with the additional Conditions of Approval placed on the Development by the Town Council in Resolution xx-17, Series of 2017, as referenced in Exhibit “H”. 5. Developer shall provide traffic control plans, devices, advanced warning signs, and flaggers in conformance with the most current Manual of Uniform Traffic Control Devices (“MUTCD”) and per Town requirements for any work in Town rights-of way, and for hauling operations into and out of the Development Property. 6. Developer shall provide and install all erosion control best management practices (“BMP”) as shown on the approved grading and drainage plans, contained in Exhibit “B”. Developer shall maintain all erosion control devices on a daily basis. Developer shall remove all material, dirt and debris tracked onto Town streets by 4:00 p.m. each day. Developer shall pay a Five Hundred Dollar ($500.00) per day fine for each day tracked material is left on Town streets past 6:00 p.m. 7. All construction as required herein shall be performed in accordance with the Town of Xxxxxx Construction Specifications, adopted by the Town, which construction specifications are on file at the Town of Xxxxxx (the “Town of Xxxxxx Construction Specifications”). 8. Water and Sewer Equivalent Residential Units. The Developer shall pay all applicable water tap and sewer tap fees for the total number of Equivalent Residential Units (“EQRs”) required for the Development prior to issuance of a building permit. The total number of EQRs required for the Development are as follows: Twenty-eight and eight/tenths (28.8) water tap EQRs; and, Twenty-eight and eight/tenths (28.8) sewer tap EQRs. The water tap and sewer tap fees shall be the then current water tap and sewer tap fees adopted by the Town in Section 19 of the Town of Xxxxxx Municipal Code (“Code”) at the time of payment.

DEVELOPER OBLIGATIONS AND IMPROVEMENTS. 1. Developer shall, as a preliminary requirement upon which the validity of this Agreement is contingent, first complete the real estate transaction and purchase Xxxx 0X xxx 0X, Xxxxx X, Xxx Xxxx of Xxxxxx, Town of Xxxxxx, Colorado (the “Town Lots”) from the Town of Xxxxxx as set forth in the Option to Purchase Agreement, dated May 3rd, 2016 entered into by and between the Town and Developer (the “Option to Purchase Agreement”), marked Exhibit “F,” attached hereto and incorporated herein by this reference. In the event Developer fails to purchase the Town Lots pursuant to the terms of the Option to Purchase Agreement, this Agreement shall become null and void ab initio, and of no force or effect whatsoever. 2. Once the Developer purchases the Town Lots and owns the Property in its entirety, the Developer shall apply for the required Level IV Subdivision permit and approvals from the Town and replat the Property into one single lot (“New Lot Final Plat”). As a part of the New Lot Final Plat application, Developer shall vacate all existing easements on the Property as may be required to construct the Development, and shall dedicate on the New Lot Final Plat all new easements as required by the Town and utility companies permitted to operate within the Town limits. The approved New Lot Final Plat shall be marked Exhibit “G,” attached hereto and incorporated herein by this reference. 3. Developer shall obtain a Level IV Development Permit from the Town allowing the relocation of the existing telecommunications tower from the existing location on the Property to a rooftop installation or revised site location at the Development. Formatted: Not Highlight 4. Developer shall design, construct, install, and pay for, according to the Town approved plans set forth in Exhibits “A,” “B,” “C,” and “D,” plans, all common Site Plan public improvements Improvements as specifically set forth in Section 1.A.3., herein below and on Exhibit Exhibits “AB,” “C” ” and “D,” and approved by the Planning and Zoning Commission on December 7, 2016 as the Block 6 Amendment, such Site Plan public improvements hereinafter referred to as the “Improvements.” Crossroads at Lake Xxxxxx Planned Unit Development. The Improvements shall be constructed in accordance with the Site Plan, Development Plan, Architectural Plan and Landscape the Development Plan. In addition the Developer shall install all new utilities, including drainage facilities as approved by the Town as a component of the Development, and relocate existing utilities as necessary and as directed by the Town. These utility and drainage improvements and relocations shall be in accordance with the Development Plan, Landscape Plan engineering plans to be reviewed and approved by the Town prior to installation. 5. Following Developer’s purchase of Xxxxxx Construction Specifications (the Town Lots, and Prior to the demolition of the building on Lot 1C, the Developer shall hire a qualified asbestos abatement contractor to remove the asbestos materials in the existing building on the parcel and dispose of said materials in conformance with State and Federal regulations. 6. Developer shall enter into encroachment license and maintenance agreements as defined listed herein, below)., each by a separate instrument in the forms attached to this Agreement as the exhibits referenced herein, below: 2. a. Developer shall grant enter into a utility easement, as legally described on Exhibit “E,” to Right-of-way Encroachment License Agreement with the Town by separate instrument, in the form marked Exhibit “FI,” attached hereto and incorporated herein by this reference (the “Utility Easement Form”)reference. The utility easement Right-of-way Encroachment License Agreement shall be signed by the Developer and granted to the Town at the time of approval of the Block 6 Amendment PUD by the Town Council. 3b. Developer shall enter into a Right-of-way Maintenance Agreement with the Town by separate instrument, in the form marked Exhibit “J,” attached hereto and incorporated herein by this reference. The Right-of- way Maintenance Agreement shall be signed by the Developer at the time of approval of the PUD by the Town Council. c. Developer shall execute each of the two agreements referenced herein above in this Section I.A. 6.a. and b., and submit the two executed agreements, along with the required payments for each agreement, to the Town at the time the Developer submits for its first building permit of the Development. 7. Developer shall execute the Snow and Ice Removal and Maintenance Agreement with the Town by separate instrument, in the form marked Exhibit “M,” attached hereto and incorporated herein by this reference. The Snow and Ice Removal and Maintenance Agreement shall be signed by the Developer at the time of approval of the PUD by the Town Council. 8. Developer shall construct the following Improvements on for the Development Property in accordance with the Site Plan and the Development Plan, as such plans are set forth on Exhibits “AB” and “BC,” at Developer’s sole cost.: a. Remove the existing concrete islands, concrete pans, concrete sidewalks, asphalt pavement areas. b. Install new concrete curb & gutter returns at the main entrance to the development and concrete sidewalks necessary for the installation of required ADA ramps. c. Install a new concrete curb cut and gutter section along Lookout Ridge Road.Lots 1 and 1C. b. d. Install a new public sidewalk with a minimum width of 6” Ductile Iron Fire Hydrant lateral, fire hydrant ’ along Lots 1 and all required fittings 1C. e. Install a curb return and appurtenances, accessible ramp to line up with the Lake Xxxxxx Drive sidewalk to the south of the 40’ ROW. f. Install Three (3) Street lights along the sidewalk and connect the new fire hydrant lateral them to the existing main stubbed into the Development Property. 4. Developer shall modify the Site Plan, Development Plan, Construction Plan, Architectural Plan (Exhibits “A,” “B,” “C,” and “D”) in accordance with the additional Conditions of Approval placed on the Development by the Town Council in Resolution xx-17, Series of 2017, as referenced in Exhibit “H”. 5. Developer shall provide traffic control plans, devices, advanced warning signs, and flaggers in conformance with the most current Manual of Uniform Traffic Control Devices (“MUTCD”) and per Town requirements for any work in Town rights-of way, and for hauling operations into and out of the Development Property. 6. Developer shall provide and install all erosion control best management practices (“BMP”) as shown on the approved grading and drainage plans, contained in Exhibit “B”. Developer shall maintain all erosion control devices on a daily basis. Developer shall remove all material, dirt and debris tracked onto Town streets by 4:00 p.m. each day. Developer shall pay a Five Hundred Dollar ($500.00) per day fine for each day tracked material is left on Town streets past 6:00 p.m. 7. All construction as required herein shall be performed in accordance with the Town of Xxxxxx Construction Specifications, adopted by the Town, which construction specifications are on file ’s electrical load center at the Town of Xxxxxx (the “Town of Xxxxxx Construction Specifications”). 8. Water and Sewer Equivalent Residential Unitsfront entrance landscaping. The Developer Street lights shall pay all applicable water tap and sewer tap fees for match the total number of Equivalent Residential Units (“EQRs”) required for the Development prior to issuance of a building permit. The total number of EQRs required for the Development are as follows: Twenty-eight and eight/tenths (28.8) water tap EQRs; and, Twenty-eight and eight/tenths (28.8) sewer tap EQRs. The water tap and sewer tap fees shall be the then current water tap and sewer tap fees adopted by the Town in Section 19 of the Town of existing LED street lights installed on Lake Xxxxxx Municipal Code (“Code”) at the time of paymentDrive.

DEVELOPER OBLIGATIONS AND IMPROVEMENTS. 1. Developer shall, as a preliminary requirement upon which the validity of this Agreement is contingent, first complete the real estate transaction and purchase Xxxx 0X xxx 0X, Xxxxx X, Xxx Xxxx of Xxxxxx, Town of Xxxxxx, Colorado (the “Town Lots”) from the Town of Xxxxxx as set forth in the Option to Purchase Agreement, dated May 3rd, 2016 entered into by and between the Town and Developer (the “Option to Purchase Agreement”), marked Exhibit “F,” attached hereto and incorporated herein by this reference. In the event Developer fails to purchase the Town Lots pursuant to the terms of the Option to Purchase Agreement, this Agreement shall become null and void ab initio, and of no force or effect whatsoever. 2. Once the Developer purchases the Town Lots and owns the Property in its entirety, the Developer shall apply for the required Level IV Subdivision permit and approvals from the Town and replat the Property into one single lot (“New Lot Final Plat”). As a part of the New Lot Final Plat application, Developer shall vacate all existing easements on the Property as may be required to construct the Development, and shall dedicate on the New Lot Final Plat all new easements as required by the Town and utility companies permitted to operate within the Town limits. The approved New Lot Final Plat shall be marked Exhibit “G,” attached hereto and incorporated herein by this reference. 3. Developer shall obtain a Level IV Development Permit from the Town allowing the relocation of the existing telecommunications tower from the existing location on the Property to a rooftop installation or revised site location at the Development. 4. Developer shall design, construct, install, and pay for, according to the Town approved plans set forth in Exhibits “A,” “B,” “C,” and “D,” plans, all common Site Plan public improvements Improvements as specifically set forth in Section 1.A.3., herein below and on Exhibit Exhibits “AB,” “C” and “D,” and approved by the Planning and Zoning Commission on December 7, 2016 as the Block 6 Amendment, such Site Plan public improvements hereinafter referred to as the “Improvements.” Crossroads at Lake Xxxxxx Planned Unit Development. The Improvements shall be constructed in accordance with the Site Plan, Development Plan, Architectural Plan and Landscape the Development Plan. In addition the Developer shall install all new utilities, including drainage facilities as approved by the Town as a component of the Development, and relocate existing utilities as necessary and as directed by the Town. These utility and drainage improvements and relocations shall be in accordance with the Development Plan, Landscape Plan engineering plans to be reviewed and approved by the Town prior to installation. 5. Following Developer’s purchase of Xxxxxx Construction Specifications (the Town Lots, and Prior to the demolition of the building on Lot 1C, the Developer shall hire a qualified asbestos abatement contractor to remove the asbestos materials in the existing building on the parcel and dispose of said materials in conformance with State and Federal regulations. 6. Developer shall enter into encroachment license and maintenance agreements as defined listed herein, below)., each by a separate instrument in the forms attached to this Agreement as the exhibits referenced herein, below: 2. a. Developer shall grant enter into a utility easement, as legally described on Exhibit “E,” to Right-of-way Encroachment License Agreement with the Town by separate instrument, in the form marked Exhibit “FI,” attached hereto and incorporated herein by this reference (the “Utility Easement Form”)reference. The utility easement Right-of-way Encroachment License Agreement shall be signed by the Developer and granted to the Town at the time of approval of the Block 6 Amendment PUD by the Town Council. 3b. Developer shall enter into a Right-of-way Maintenance Agreement with the Town by separate instrument, in the form marked Exhibit “J,” attached hereto and incorporated herein by this reference. The Right-of- way Maintenance Agreement shall be signed by the Developer at the time of approval of the PUD by the Town Council. c. Developer shall execute each of the two agreements referenced herein above in this Section I.A. 6.a. and b., and submit the two executed agreements, along with the required payments for each agreement, to the Town at the time the Developer submits for its first building permit of the Development. 7. Developer shall execute the Snow and Ice Removal and Maintenance Agreement with the Town by separate instrument, in the form marked Exhibit “M,” attached hereto and incorporated herein by this reference. The Snow and Ice Removal and Maintenance Agreement shall be signed by the Developer at the time of approval of the PUD by the Town Council. 8. Developer shall construct the following Improvements on for the Development Property in accordance with the Site Plan and the Development Plan, as such plans are set forth on Exhibits “AB” and “BC,” at Developer’s sole cost.: a. Remove the existing concrete islands, concrete pans, concrete sidewalks, asphalt pavement areas. b. Install new concrete curb & gutter returns at the main entrance to the development and concrete sidewalks necessary for the installation of required ADA ramps. c. Install a new concrete curb cut and gutter section along Lookout Ridge Road.Lots 1 and 1C. b. d. Install a new public sidewalk with a minimum width of 6” Ductile Iron Fire Hydrant lateral, fire hydrant ’ along Lots 1 and all required fittings 1C. e. Install a curb return and appurtenances, accessible ramp to line up with the Lake Xxxxxx Drive sidewalk to the south of the 40’ ROW. f. Install Three (3) Street lights along the sidewalk and connect the new fire hydrant lateral them to the existing main stubbed into the Development Property. 4. Developer shall modify the Site Plan, Development Plan, Construction Plan, Architectural Plan (Exhibits “A,” “B,” “C,” and “D”) in accordance with the additional Conditions of Approval placed on the Development by the Town Council in Resolution xx-17, Series of 2017, as referenced in Exhibit “H”. 5. Developer shall provide traffic control plans, devices, advanced warning signs, and flaggers in conformance with the most current Manual of Uniform Traffic Control Devices (“MUTCD”) and per Town requirements for any work in Town rights-of way, and for hauling operations into and out of the Development Property. 6. Developer shall provide and install all erosion control best management practices (“BMP”) as shown on the approved grading and drainage plans, contained in Exhibit “B”. Developer shall maintain all erosion control devices on a daily basis. Developer shall remove all material, dirt and debris tracked onto Town streets by 4:00 p.m. each day. Developer shall pay a Five Hundred Dollar ($500.00) per day fine for each day tracked material is left on Town streets past 6:00 p.m. 7. All construction as required herein shall be performed in accordance with the Town of Xxxxxx Construction Specifications, adopted by the Town, which construction specifications are on file ’s electrical load center at the Town of Xxxxxx (the “Town of Xxxxxx Construction Specifications”). 8. Water and Sewer Equivalent Residential Unitsfront entrance landscaping. The Developer Street lights shall pay all applicable water tap and sewer tap fees for match the total number of Equivalent Residential Units (“EQRs”) required for the Development prior to issuance of a building permit. The total number of EQRs required for the Development are as follows: Twenty-eight and eight/tenths (28.8) water tap EQRs; and, Twenty-eight and eight/tenths (28.8) sewer tap EQRs. The water tap and sewer tap fees shall be the then current water tap and sewer tap fees adopted by the Town in Section 19 of the Town of existing LED street lights installed on Lake Xxxxxx Municipal Code (“Code”) at the time of paymentDrive.

DEVELOPER OBLIGATIONS AND IMPROVEMENTS. 1. Developer shall, as a preliminary requirement upon which the validity of this Agreement is contingent, first complete the real estate transaction and purchase Xxxx 0X xxx 0X, Xxxxx X, Xxx Xxxx of Xxxxxx, Town of Xxxxxx, Colorado (the “Town Lots”) from the Town of Xxxxxx as set forth in the Option to Purchase Agreement, dated May 3rd, 2016 entered into by and between the Town and Developer (the “Option to Purchase Agreement”), marked Exhibit “F,” attached hereto and incorporated herein by this reference. In the event Developer fails to purchase the Town Lots pursuant to the terms of the Option to Purchase Agreement, this Agreement shall become null and void ab initio, and of no force or effect whatsoever. 2. Once the Developer purchases the Town Lots and owns the Property in its entirety, the Developer shall apply for the required Level IV Subdivision permit and approvals from the Town and replat the Property into one single lot (“New Lot Final Plat”). As a part of the New Lot Final Plat application, Developer shall vacate all existing easements on the Property as may be required to construct the Development, and shall dedicate on the New Lot Final Plat all new easements as required by the Town and utility companies permitted to operate within the Town limits. The approved New Lot Final Plat shall be marked Exhibit “G,” attached hereto and incorporated herein by this reference. 3. Developer shall obtain a Level IV Development Permit from the Town allowing the relocation of the existing telecommunications tower from the existing location on the Property to a rooftop installation or revised site location at the Development. 4. Developer shall design, construct, install, and pay for, according to the Town approved plans set forth in Exhibits “A,” “B,” “C,” and “D,” plans, all common Site Plan public improvements Improvements as specifically set forth in Section 1.A.3., herein below and on Exhibit Exhibits “AB” and “D,” and approved by the Planning and Zoning Commission on December 7, 2016 as the Block 6 Amendment, such Site Plan public improvements hereinafter referred to as the “Improvements.” Crossroads at Lake Xxxxxx Planned Unit Development. The Improvements shall be constructed in accordance with the Site Plan, Development Plan, Architectural Plan and Landscape the Development Plan. In addition the Developer shall install all new utilities, including drainage facilities as approved by the Town as a component of the Development, and relocate existing utilities as necessary and as directed by the Town. These utility and drainage improvements and relocations shall be in accordance with the Development Plan, Landscape Plan engineering plans to be reviewed and approved by the Town prior to installation. 5. Following Developer’s purchase of Xxxxxx Construction Specifications (the Town Lots, and Prior to the demolition of the building on Lot 1C, the Developer shall hire a qualified asbestos abatement contractor to remove the asbestos materials in the existing building on the parcel and dispose of said materials in conformance with State and Federal regulations. 6. Developer shall enter into encroachment license and maintenance agreements as defined listed herein, below)., each by a separate instrument in the forms attached to this Agreement as the exhibits referenced herein, below: 2. a. Developer shall grant enter into a utility easement, as legally described on Exhibit “E,” to Right-of-way Encroachment License Agreement with the Town by separate instrument, in the form marked Exhibit “FI,” attached hereto and incorporated herein by this reference (the “Utility Easement Form”)reference. The utility easement Right-of-way Encroachment License Agreement shall be signed by the Developer and granted to the Town at the time of approval of the Block 6 Amendment PUD by the Town Council. 3b. Developer shall enter into a Right-of-way Maintenance Agreement with the Town by separate instrument, in the form marked Exhibit “J,” attached hereto and incorporated herein by this reference. The Right-of- way Maintenance Agreement shall be signed by the Developer at the time of approval of the PUD by the Town Council. c. Developer shall execute each of the two agreements referenced herein above in this Section I.A. 6.a. and b., and submit the two executed agreements, along with the required payments for each agreement, to the Town at the time the Developer submits for its first building permit of the Development. 7. Developer shall execute the Snow and Ice Removal and Maintenance Agreement with the Town by separate instrument, in the form marked Exhibit “M,” attached hereto and incorporated herein by this reference. The Snow and Ice Removal and Maintenance Agreement shall be signed by the Developer at the time of approval of the PUD by the Town Council. 8. Developer shall construct the following Improvements on for the Development Property in accordance with the Site Plan and the Development Plan, as such plans are set forth on Exhibits “AB” and “BC,” at Developer’s sole cost.: a. Remove the existing concrete islands, concrete pans, concrete sidewalks, asphalt pavement areas. b. Install new concrete curb & gutter returns at the main entrance to the development and concrete sidewalks necessary for the installation of required ADA ramps. c. Install a new concrete curb cut and gutter section along Lookout Ridge Road.Lots 1 and 1C. b. d. Install a new public sidewalk with a minimum width of 6” Ductile Iron Fire Hydrant lateral, fire hydrant ’ along Lots 1 and all required fittings 1C. e. Install a curb return and appurtenances, accessible ramp to line up with the Lake Xxxxxx Drive sidewalk to the south of the 40’ ROW. f. Install Three (3) Street lights along the sidewalk and connect the new fire hydrant lateral them to the existing main stubbed into the Development Property. 4. Developer shall modify the Site Plan, Development Plan, Construction Plan, Architectural Plan (Exhibits “A,” “B,” “C,” and “D”) in accordance with the additional Conditions of Approval placed on the Development by the Town Council in Resolution xx-17, Series of 2017, as referenced in Exhibit “H”. 5. Developer shall provide traffic control plans, devices, advanced warning signs, and flaggers in conformance with the most current Manual of Uniform Traffic Control Devices (“MUTCD”) and per Town requirements for any work in Town rights-of way, and for hauling operations into and out of the Development Property. 6. Developer shall provide and install all erosion control best management practices (“BMP”) as shown on the approved grading and drainage plans, contained in Exhibit “B”. Developer shall maintain all erosion control devices on a daily basis. Developer shall remove all material, dirt and debris tracked onto Town streets by 4:00 p.m. each day. Developer shall pay a Five Hundred Dollar ($500.00) per day fine for each day tracked material is left on Town streets past 6:00 p.m. 7. All construction as required herein shall be performed in accordance with the Town of Xxxxxx Construction Specifications, adopted by the Town, which construction specifications are on file ’s electrical load center at the Town of Xxxxxx (the “Town of Xxxxxx Construction Specifications”). 8. Water and Sewer Equivalent Residential Unitsfront entrance landscaping. The Developer Street lights shall pay all applicable water tap and sewer tap fees for match the total number of Equivalent Residential Units (“EQRs”) required for the Development prior to issuance of a building permit. The total number of EQRs required for the Development are as follows: Twenty-eight and eight/tenths (28.8) water tap EQRs; and, Twenty-eight and eight/tenths (28.8) sewer tap EQRs. The water tap and sewer tap fees shall be the then current water tap and sewer tap fees adopted by the Town in Section 19 of the Town of existing LED street lights installed on Lake Xxxxxx Municipal Code (“Code”) at the time of paymentDrive.