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DEVELOPMENT AGREEMENT <br />Dillon Road Storage — 745 South Pierce Avenue <br />THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this <br />day of , 2024, by and between the CITY OF LOUISVILLE, a <br />Colorado home rule municipal corporation ("City"), and DOM KICKBUSH ("Developer"). <br />WHEREAS, Developer has submitted an application for a Final Planned Unit <br />Development Plan (the "Plan") for development of real property located at 745 South <br />Pierce Avenue, Louisville, Colorado, and legally described as Lot 2, Block 1, <br />Technological Center, Filing No. 1 ("Development"), which Plan has been reviewed and <br />approved by the Planning Commission and the City Council by Resolution No. <br />Series 2024 and recorded with the Boulder County Clerk and Recorder on <br />, 2024 at Reception No. ; and <br />WHEREAS, the development regulations of the City require that the public <br />improvement obligations be guaranteed in a form acceptable to the City; and <br />WHEREAS, the Developer and City desire to enter into this Agreement relative to <br />the completion of certain improvements and other matters related to the Development; <br />NOW, THEREFORE, in consideration of the foregoing, the parties hereto promise, <br />covenant and agree as follows: <br />1.0 GENERAL CONDITIONS <br />1.1 Development Obligation. Developer shall be responsible for performance of <br />the covenants set forth herein. <br />1.2 Engineering Services. Developer agrees to furnish, at its expense, all <br />necessary engineering services relating to the design and construction of the <br />improvements as set forth on the Schedule of Improvements described in Exhibit A (the <br />"public improvements" or "improvements"), attached hereto and incorporated herein by <br />this reference. The engineering services shall be performed by or under the supervision <br />of a Registered Professional Engineer or Registered Land Surveyor, or other <br />professionals as appropriate, licensed by the State of Colorado, and in accordance with <br />applicable Colorado law; and shall conform to the standards and criteria for public <br />improvements as established and approved by the City as of the date of submittal to the <br />City. <br />1.3 Construction Standards. Developer shall construct all improvements required <br />by this Agreement, and any other improvements constructed by Developer in relation to <br />the Development, in accordance with plans and specifications approved in writing by the <br />City, and with the Plan, and in full conformity with the City's construction specifications <br />applicable at the time of construction plan approval. <br />1 <br />