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<br />1111111111111111111111111111111111111111111111111111111 ~~~~~f~? ~ p <br /> <br />Boulder County Clerk, CO ~NNEX~TION R 46.00 D 0.00 <br /> <br />3. Louisville shall act uJPon Exhibit "B" within six months of the date of filing <br />thereof with the City Clerk, unless Owner consents to later action. <br /> <br />4. The parties recognize that it is the intent and desire of Owner to develop the <br />Subject Property as part of a mixed commercial and residential development in a manner <br />generally consistent with the PCZD zoning requested in the petition to annex the Subject <br />Property. The parties further recognize that the granting by the City of PCZD zoning for the <br />Subject Property is a condition to annexation of the Subject Property. Owner shall take all <br />action necessary to permit zoning by Louisville of the annexed Subject Property within the <br />time prescribed by state statutes. <br /> <br />5. Owner agrees to dedicate by General Warranty Deed or appropriate <br />instrument of conveyance acceptable to the City easements and rights-of-way over the <br />Subject Property or any other property owned by Owner for streets and other public ways and <br />for other public purposes, as require:d by City ordinances and resolutions. Such dedications <br />shall occur immediately upon request of the City except that internal rights-of-way shall be <br />dedicated at the time of subdivision platting, unless the City specifies another time. Owner <br />shall be responsible at its expense for obtaining any easements or rights-of-way off the <br />Subject Property which are necessary to effect Owner's development of Subject Property. <br /> <br />6. Owner agrees to dl~sign, improve, and provide signage, lighting, and <br />signalization for, all public streets and other public ways within or adjacent to the Subject <br />Property in accordance with City ordinances and resolutions and other applicable standards, <br />subject to any reimbursement which may be provided for in such ordinances, resolutions, and <br />standards, and to make such other improvements as required by City ordinances and <br />resolutions, to guarantee construction of all required improvements, and, if requested by <br />Louisville, to dedicate to Louisville any or all other required improvements. Owner agrees to <br />enter into an agreement pertaining to such improvements and other matters prior to any <br />development of the Subject Property. <br /> <br />7. If requested by Louisville, Owner agrees to include the Subject Property in <br />one or more special improvement districts or other mechanisms established by Louisville for <br />making improvements to streets (md other public ways, or for making other public <br />improvements authorized by law, fmd Owner hereby appoints the City Administrator of <br />Louisville as Owner's attorney-in-fact for the purpose of executing all documents determined <br />by Louisville to be necessary for such inclusion. If requested by Owner, Louisville agrees to <br />consider the establishment of one or more special improvement districts for making such <br />improvements. <br /> <br />8. Owner agrees that thl~ design, improvement, construction, development, and <br />use of the Subject Property shall be i.n conformance with, and that Owner shall comply with, <br />all City ordinances and resolutions including, without limitation, ordinances and resolutions <br />pertaining to subdivision, zoning, storm drainage, utilities, and flood control. <br /> <br />{OOOI9256.DOC:I}2 <br />