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purposes. Lands dedicated shall be acceptable to City and shall comprise six (6) percent
<br />of gross residential and two (2) percent of gross non-residential land. All dedicated lands
<br />shall be platted by the owner in accordance the City's subdivision regulations. Owner
<br />agrees to pay to City at the time of building permit any applicable park development fees
<br />as enacted by City Council by ordinance.
<br />19. Cooperation. The Parties agree that they will cooperate with one another in
<br />accomplishing the terms, conditions, and provisions of the Agreement, and will execute
<br />such additional documents as necessary to effectuate the same.
<br />20. Amendments. This Agreement may be amended with the written consent of the City and
<br />Owner of the Property. Such amendments shall be in writing, shall be recorded with the
<br />County Clerk of Weld County, Colorado, shall be covenants running with the land, and
<br />shall be binding upon all persons or entities having an interest in the Property subject to
<br />the amendment unless otherwise specified in the amendment.
<br />21. Sole Agreement. This Agreement embodies the entire agreement of the Parties. There
<br />are no promises, terms, conditions, or obligations other than those contained herein; and
<br />this Agreement supersedes all previous communications, representations, or agreements,
<br />either verbal or written, between the Parties.
<br />22. Liability. Owner agrees to indemnify and hold harmless the City and the City's officers,
<br />employees, agents, and contractors, from and against all liability, claims, and demands,
<br />including attorney's fees and court costs, which arise out of or are in any manner
<br />connected with the annexation of the Property, or with any other annexation or other
<br />action determined necessary or desirable by the City in order to effectuate the annexation
<br />of the Property, or which are in any manner connected with Fort Lupton's enforcement of
<br />this Agreement. Owner further agrees to investigate, handle, respond to, and to provide
<br />defense for and defend against or at the City's option to pay the attorney's fees for
<br />defense counsel of the City's choice for any such liability, claims, or demands.
<br />23. "Owner" Defined. As used in this Agreement, the term "Owner" shall include any of the
<br />heirs, transferees, successors, or assigns of Owner, and all such parties shall have the
<br />right to enforce this Agreement, and shall be subject to the terms of this Agreement, as if
<br />they were the original Parties thereto.
<br />24. External References. As used in this Agreement, unless otherwise specifically provided
<br />herein, any reference to any provision of any City ordinance, resolution, or policies are
<br />incorporated herein by reference, and the Parties agree that amendments or revisions
<br />thereto shall be binding upon Owner.
<br />25. Transferability. This Agreement shall be binding upon and inure to the benefit of the
<br />heirs, transferees, successors, and assigns hereof, and shall constitute covenants running
<br />with the land.
<br />4277837 Pa
<br />10Qes: 6 of 10
<br />02/13/2017 02:PM R Fee:s58.00
<br />Carly Koppes, Clark and Recorder, Weld County, CO
<br />1111
<br />NPAY MIlMOXIV1M0WlrM &IJAU 11111
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