Laserfiche WebLink
<br />" <br /> <br />, <br /> <br />V. GENERAL PROVISIONS <br /> <br />A. The ANNEXOR agrees that in the event of a sale or transfer of the Subject Property, it <br />will, as a condition of such sale or transfer, require the purchaser, or other new owner, to <br />sign a duplicate of this Pre-Annexation Agreement and that this Agreement, and the <br />promises made herein, constitutes a covenant running with the Property and shall be <br />binding on the undersigned ANNEXOR and its successors in interest to such property <br />and that this Agreement shall be recorded with the Clerk and Recorder in Fremont <br />County, Colorado. <br /> <br />B. ANNEXOR agrees that in order to insure that the required public improvements are <br />constructed in accordance with TOWN standards and the standards of the agency <br />providing sanitary sewer service, and to insure that the cost of the required public <br />improvements are borne by the ANNEXOR, the ANNEXOR agrees to enter into a <br />Subdivision Improvements Agreement with the TOWN. The Agreement shall be <br />approved by the TOWN and signed by the applicant prior to the approval of the Final Plat <br />by the TOWN Council. No final plat shall be approved by the TOWN Council until an <br />approved Subdivision Improvements Agreement has been executed. <br /> <br />C. It is mutually agreed that this development will occur in phased stages and all water and <br />sewer lines, streets, storm drainage, street lighting, traffic control devices and other <br />public improvements will be completed before any building permit will be issued. <br /> <br />D. ANNEXOR agrees to pay Water Development Fees when said land is subdivided. Each <br />phase of the Subdivision shall require payment of the Water Development Fees prior to <br />commencement. <br /> <br />E. All fees recited in this Agreement shall be subject to amendment by TOWN Council by <br />Ordinance. Any amendment to fees shall be incorporated into this Agreement as if <br />originally set forth herein. <br /> <br />F. It is understood and agreed by the parties hereto that if any part, term, or provision of this <br />Agreement is held to be illegal or in conflict with any law of the State of Colorado by a <br />Colorado court oflaw, the validity of the remaining portions or obligations of the parties <br />shall be construed and enforced as if the agreement did not contain the particular part, <br />term, or provision held to be invalid. <br /> <br />G. ANNEXOR agrees to pay for all reasonable attorney fees the TOWN Illcurs III <br />connection with this Pre-Annexation Agreement. <br /> <br />H. Should either party to this Agreement institute legal proceedings in connection with any <br />controversy or dispute arising from this Agreement, the prevailing party shall be entitled <br />to its costs and reasonable attorney's fees incurred in connection with such proceedings. <br /> <br />VI. PRIVATE UTILITY IMPROVEMENTS <br /> <br />3 <br />