APPENDIX 20-A
FORMS OF CERTIFICATE

DEDICATION CERTIFICATE

THE UNDERSIGNED AS OWNER(S), HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF [NAME OF SUBDIVISION] A PART OF THE CITY OF FORT MORGAN, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF FORT MORGAN ALL THOSE TRACTS AND LOTS IDENTIFIED FOR PUBLIC PURPOSES AND USES, AND TO THE CITY AND TO THOSE MUNICIPALLY OWNED AND / OR MUNICIPALLY FRANCHISED UTILITIES THOSE PORTIONS OF REAL PROPERTY SHOWN AS UTILITY EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF ALL SERVICES. THIS DEDICATION INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO.

SURVEYOR CERTIFICATE

I, ___________________________________, a duly registered land surveyor in the State of Colorado, do hereby certify that this plat of truly and correctly represents the results of a survey made by me or under my direct supervision.

(Surveyor's stamp shall appear with this certificate.)

PLANNING COMMISSION CERTIFICATE

Recommends approval this _______ day of __________________, 20 _____,

City Planning Commission, Fort Morgan, Colorado

CITY COUNCIL CERTIFICATE

Approved this _____day of _____________, 20_______, by the City Council, Fort Morgan, Colorado. This approval does not guarantee that the size or soil or flooding conditions of any lot shown hereon such that a building permit shall be issued. This approval is with the understanding that all expenses involving necessary improvements for all utility services, paving, grading, landscaping, curbs, gutters, street lights, street signs, and sidewalks shall be financed by others and not the City of Fort Morgan.

Attest:

CITY CLERK'S CERTIFICATE

State of Colorado  )

        ) ss.

County of Morgan  )

I hereby certify that this instrument was filed in my office at __________ o'clock, _____________________, 20 ______, and is duly recorded.

COUNTY CLERK & RECORDER CERTIFICATE

State of Colorado  )

        ) ss.

County of Morgan  )

I hereby certify that this instrument was filed in my office at __________ o'clock, _____________________, 20 ______, and is duly recorded.

        By

(Ord. 1110 §1, 2010)

APPENDIX 20-B
CITY OF FORT MORGAN, COLORADO
SUBDIVISION IMPROVEMENTS AGREEMENT
FOR THE __________________ PROJECT

THIS AGREEMENT is made and entered into as of this _____ day of _______________, 20__, by and between ___________________________________, whose address is ___________________________________________, sometimes hereinafter referred to as "Owner," and the City of Fort Morgan, a municipal corporation of the State of Colorado, the address of which is Box 363, Fort Morgan, Colorado 80723, sometimes hereinafter referred to as "Fort Morgan" or "City", together referred to as "the Parties."

WITNESSETH:

WHEREAS, Owner is the owner of certain real property located within Fort Morgan and described in Exhibit A attached hereto, and Owner has submitted an application for development of said property known as ______________________ (hereinafter, the "Project"); and

WHEREAS, as a condition of approval of the Project certain Public Improvements (sometimes hereinafter referred to as "Improvements") and certain private Improvements must be completed as more fully set forth on Exhibits B, C, D and E and the Engineering Plans attached hereto; and

WHEREAS, Fort Morgan and Owner recognize the need for Public Improvements and exactions and agree that said Public Improvements and exactions are roughly proportional to the need created by the Project; and

WHEREAS, Fort Morgan and Owner desire to evidence their agreement regarding the construction of said Improvements.

NOW, THEREFORE, the Parties agree as follows:

1.

Legal Description. This Agreement pertains to Public Improvements to be constructed for the property legally described in Exhibit A attached hereto.

2.

Exhibits and Inclusions. This Agreement includes the following Exhibits which are attached hereto and incorporated herein by this reference:

· Exhibit A: Legal Description of the Project

· Exhibit B: Improvements Quantities and Cost Estimates (including both Public Improvements and private improvements)

· Exhibit C: Improvements Location Map, showing location of site improvements, including both Public Improvements and private Improvements, as set forth in the Engineering Plans ("Engineering Plans") submitted to the City of Fort Morgan, dated _____________, and included as a part of this Agreement.

· Exhibit D: Landscaping Quantities and Costs Estimate

· Exhibit E: Landscaping Improvements Location Map

· Exhibit F: Declaration of Covenants, Conditions and Restrictions and/or Common Interest Community Declaration

· Exhibit G: Site Plan of the Project

3.

Public Improvements. It is intent of this Agreement to provide for construction of the Public and private Improvements described in Exhibits B, C, D and E and the Engineering Plans. It is understood by the Parties that the descriptions of Improvements contained herein are general in nature, and that reasonable modifications of the scope, nature, costs, and similar aspects of such Improvements may be necessary to secure approval of the final design of such Improvements.

a.

The quantities and locations of the Improvements are based on information that was available at the time of development approval for the Project. Additional Improvements may be required upon submittal of a building permit application or as conditions change in the field. At that time, the Owner shall be responsible for submitting revisions to its final plans as approved by Fort Morgan. The actual quantities and locations of the improvements will be determined by Fort Morgan based on the approved plans.

b.

Before beginning any construction of any Improvements, the Owner shall submit final construction plans for all such Improvements. The Owner agrees that construction of said Improvements shall conform to the requirements of the approved plans and permits.

4.

Drainage Improvements. The Owner has submitted a GRADING DRAINAGE PLAN, prepared by _______________ dated ___________________ for drainage Public Improvements to City. The Owner shall install and pay for all drainage Improvements described in a drainage study submitted by the Owner and approved by Fort Morgan. No application to undertake construction in a public right-of-way or public easement shall be submitted or approved until the final drainage report and construction plans have been approved by Fort Morgan.

5.

Rights-of-Way and Easements. It is the intent of the Parties by this Agreement to provide for all necessary rights-of-way and easements in conjunction with the installation of the public Improvements required by Fort Morgan. The Owner agrees to dedicate said rights-of-way and easements on or before recording of the final plat or equivalent final approval for the Project.

6.

Street Name Signs. All public street name signs, traffic signs and streetlights shall be supplied at the Owner's expense. All signs shall conform to Fort Morgan's requirements. The Owner shall install the signs at locations directed by Fort Morgan at no cost to Fort Morgan.

7.

Owner's Costs. Except as otherwise expressly provided in this Agreement, Owner agrees to provide and pay for all labor, materials, tools, supplies, equipment, water, light, power, transportation, services and all other facilities and things necessary for the execution and satisfactory completion of the Improvements described herein in accordance with the plans, drawings and specifications for such Improvements as approved by Fort Morgan. The costs for which Owner shall be responsible shall also include the Project utilities study, grading drainage plan, or report, survey, preliminary design, final design, construction, construction inspection, performance guarantee, and the preparation of as-built drawings and reasonable administrative and legal expenses attributable to the Improvements to be constructed.

a.

For purposes of this Agreement, the term "Improvements" shall include all Improvements set forth in Exhibits B, C, D, E and the Engineering Plans, and as shown or referenced on the final plat or other applicable final development approval document.

8.

Completion. Except as otherwise expressly provided in this Agreement, all Improvements shall be completed in accordance with the plans, drawings, and specifications, as approved by Fort Morgan, before any unit may be approved for occupancy or any lot may be sold. Owner agrees to pave all interior streets and off-street parking, public rights-of-way, and where applicable, pedestrian pathways, in conformity with the applicable final development approval and the time limits set forth in this Agreement. All Improvements shall be designed and constructed as set forth in this Agreement, in compliance with the ordinances, rules and regulations of Fort Morgan and in compliance with applicable state and federal law. All Improvements shall be completed within two (2) years after final Project approval by Fort Morgan, unless the Project is specifically approved as a phased project. Extension of time for completion of Improvements may be granted by Fort Morgan in writing for good cause shown. "Good cause" shall be determined by Fort Morgan.

9.

Plans and Drawings. Owner will furnish Fort Morgan, free of charge, four (4) copies of all plans, drawings and specifications, including supplemental drawings, relating to Improvements, and a Mylar and three (3) copies showing them in their as-built locations within three (3) months of completion of the Improvements. Owner shall pay the cost of transferring and posting the "as-built" drawings to Fort Morgan's records. The plans, drawings, and legal descriptions shall be prepared and certified by a qualified engineer in accordance with the requirements of Fort Morgan and prior to Fort Morgan's accepting the Improvements. If needed due to revisions an amended final plat showing all Improvements as existing shall be submitted within three (3) months of completion of the "as built" drawings of the Improvements. The information required by this Paragraph shall be submitted in digital form acceptable to the City.

10.

Materials and Workmanship. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of good quality. Prior to procurement (unless waived by the City), Owner shall furnish Fort Morgan for its approval the name of the manufacturer of equipment and materials which it contemplates incorporating in the work. Owner shall also furnish information on capacities, efficiencies, sizes, etc., and other information as may be required by Fort Morgan. Samples shall be submitted for approval when requested. Equipment, materials and articles installed or used without Fort Morgan's approval shall be at the risk of subsequent rejection.

11.

Permits and Easements. Owner shall furnish all land boundary surveys. Permits, licenses and rights-of-way of a temporary nature necessary for the construction of Improvements shall be secured and paid for by Owner. Permits, licenses and easements of a permanent nature shall also be secured and paid for by Owner.

12.

Protection. Owner, at its expense, shall continuously maintain adequate protection of all Improvements and adjacent properties from damage prior to acceptance by Fort Morgan and shall protect Fort Morgan's property from injury and loss arising in connection with this Agreement. Owner shall make good any such damage, injury or loss except such as may be caused directly by authorized agents or employees of Fort Morgan. Owner shall adequately protect adjacent property and shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions.

13.

Indemnification. Owner hereby expressly binds itself to indemnify and save harmless Fort Morgan and its officers and employees, against all suits or actions of every kind and nature brought, or which may be brought, against them or any of them for, or on account of, any injury or damage received or sustained by any person, firm or corporation, or persons, firms or corporations, in connection with, or on account of, Owner's obligations under this Agreement or by, or in consequence of, any negligence in connection with same or on account of the use of any improper or defective materials or on account of any poor workmanship or on account of any act or commission or omission of Owner or its agents, servants or employees, or for any cause arising out of the performance of this Agreement. This defense and indemnification obligation shall survive the expiration or termination of this Agreement. The Parties acknowledge that provisions of this Section are not intended to waive any of the rights and defenses afforded the City under the Colorado Governmental Immunity Act (Section 24-10-101, et. seq., C.R.S.).

14.

Work Specifications. All work done under this Agreement shall be done to the lines, grades, and elevations shown on the plans, drawings and specifications approved by Fort Morgan. Owner shall keep Fort Morgan informed, a reasonable time in advance, of the times and places at which it wishes to undertake construction, in order that lines and grades may be furnished and necessary measurements for record may be made with a minimum of inconvenience to Fort Morgan and of delay to Owner. Any work done without being properly located and established by base lines, offset stakes, benchmarks, or other basic reference points located, established, or checked by Fort Morgan, may be ordered removed and replaced at Owner's cost and expense. All stakes, bench marks, and other survey points shall be preserved by Owner. In case of their destruction by Owner or its employees, they will be replaced at Owner's expense.

15.

Inspections. The Director of Community Development of Fort Morgan ("Director") shall be designated by Fort Morgan to exercise authority on its behalf under this Agreement and to see that this Agreement is performed according to its terms. Work under this Agreement may, without cost or claim against Fort Morgan, be suspended by the Director for substantial cause.

a.

The Director shall, within a reasonable time after their presentation to him/her, make decisions in writing on all claims of Owner and on all other matters relating to the execution and progress of the work or the interpretation of this Agreement, the plan, drawings and specifications. All such decisions of the Director shall be final.

b.

The Director shall make all determinations of amounts and quantities of work performed hereunder. To assist in this work, Owner shall make available for inspection any records kept by Owner.

c.

The Director and his authorized representatives shall have free access to the work at all times, and Owner shall furnish them with facilities for ascertaining whether the work being performed, or the work which has been completed, is in accordance with the requirements of the Agreement.

d.

The Director will make periodic observations of construction (sometimes commonly referred to as "supervision"). The purpose of these observations and construction checking is to determine the progress of the work and to see if the work is being performed in accordance with the plans, drawings and specifications. He/She will in no way be responsible for how the work is performed, safety in, on, or about the job site, methods of performance, or timeliness in the performance of the work.

e.

Inspections may extend to all or any part of the work and to the preparation or manufacture of the materials to be used. The Director will not be authorized to alter the provisions of this Agreement or any specifications or to act as foreman for Owner. The Director will have authority to reject defective material and to suspend any work that is being done improperly, subject to the final decision of Fort Morgan.

f.

Prior to commencement of construction, Owner shall designate a representative with authority to speak for Owner with whom City's Director shall communicate on matters provided for in this Paragraph.

g.

Owner agrees to pay to Fort Morgan a reasonable fee for the examination of plans and the interim and final on-site inspections of the work, not to exceed the reasonable fees normally charged in Fort Morgan for similar examinations and inspections.

16.

Quality of Work. If substandard material, not conforming to the requirements of the plans, drawings and specifications as approved by Fort Morgan, has been delivered to the Project, or has been incorporated in the work, or if work shall have been performed of inferior quality, then such material or work shall be considered as defective and shall be removed and replaced as directed by the Director at the expense of Owner.

a.

All materials shall be subject to examination and testing at any time during manufacture. The right is reserved to reject defective materials during manufacture or before they have been incorporated into the work. If Owner fails to replace rejected materials, Fort Morgan may replace them or correct defective work and charge the cost thereof to Owner. Any failure to earlier detect defective material or workmanship shall not impair Fort Morgan's right to a finally completed project.

b.

If the specifications, the Director's instructions or laws of any public authority require any work to be specially tested or approved, Owner shall give the Director timely notice of its readiness for inspection, and if the inspection is by another authority than the Director, provide the date fixed for such inspection. Inspections by the Director shall be promptly made, and where practicable at the source of supply. If any work should be covered up without approval or consent of the Director, it must, if required by the Director, be uncovered for examination at Owner's expense.

c.

Reexamination of questioned work or materials may be ordered by the Director and, if so ordered, the work or materials must be uncovered by Owner. If such work or materials be found in accordance with this Agreement and the plans, drawings and specifications as approved by Fort Morgan, Fort Morgan shall pay the cost of reexamination, replacement and restoration of the site. If such work or materials be found not in accordance with this Agreement and the plans, drawings and specifications as approved by Fort Morgan, Owner shall pay such cost.

d.

The Director may order Owner to suspend work that may be damaged or endangered by climatic conditions. When adverse climatic conditions are unusual and extensive, an extension of time may be granted Owner by the Director.

17.

Completion. When the work specified in this Agreement is completed and the final clean-up has been performed, Owner shall notify Fort Morgan that all work under the Agreement has been completed, and Fort Morgan will, within ten (10) working days after such notice, weather permitting, make the final inspection.

18.

Water and Sewer. Owner shall pay all costs and expenses for construction of the water distribution and sewer collection systems installed to serve the Project. These costs shall include the utilities study, survey, preliminary design, final design, construction, construction inspection, and the preparation of as-built drawings and reasonable administrative and legal expenses attributable to the water and sewer Improvements to be constructed.

19.

Dedication. Owner shall dedicate all parks, open space, streets, easements and non-tributary groundwater as the same is required by Sec. 20-8-20 of the Fort Morgan Municipal Code.

20.

Time for Completion, Lot Sales, Vested Rights. Owner agrees to complete the Public Improvements for each Phase within twenty-four (24) months of commencement of the Public Improvements for each Phase. The date of commencement shall be the date of providing security to City for the Public Improvements on each Phase. Owner agrees not to sell, negotiate to sell, or accept reservation agreements for the sale of any lot in each Phase until Owner has provided plans for the Public Improvements and has provided the security required by this Agreement. This Section shall not be construed to restrict Owner's right to sell the Project to another developer as a bulk sale. Owner shall have the vested right to commence the Project for three (3) years from the date of this Agreement. Extension of time for completion of Public Improvements may be granted by Fort Morgan in writing for good cause shown. "Good cause" shall be determined by City.

21.

Warranty and Guarantee. Owner hereby warrants and guarantees to Fort Morgan that the Improvements will be free of all defects in design, materials and construction, and will remain serviceable for a period of two (2) years from the date of final acceptance by the City of the last to be accepted of such Improvements. Such warranty period is generally set forth in Fort Morgan Municipal Code Chapter 20, Article 11.

a.

Owner warrants that upon acceptance of the Improvements by Fort Morgan title to all work performed and materials and equipment furnished will pass to City free and clear of all liens, encumbrances, security interests, bailments, conditional sales contracts, claims and other agreements by which an interest or encumbrance is retained by any person or entity.

b.

Owner warrants that all work performed and materials and equipment furnished are new; of good quality; free from all faults and defects not inherent to the quality required; in compliance with the Engineering Specifications unless otherwise specified; and were undamaged when installed. Any work, materials or equipment not complying with these requirements, including any unapproved substitutions, may be considered defective.

c.

If, within two (2) years after the date of acceptance of the Improvements by Fort Morgan, any work, materials or equipment is found to be defective or deficient Owner shall, without cost to City and in accordance with City's written instructions, correct it promptly after receipt of a written notice from City.

d.

The two-year warranty and guarantee period shall be extended for work first performed and materials and equipment furnished after acceptance of the affected Improvements by the City including any remedial effort performed within the stated warranty and guarantee period. The warranty and guarantee period shall be two years after the date of performance of the remedial work or furnishing of the materials and equipment, even though it may extend the duration of any warranty and guarantee beyond the initial two-year period.

e.

In any situation where defective or deficient work, materials or equipment affects the safety of persons or property and Owner has failed to respond in a timely manner, then without prior written notice to Owner or prejudice to any other rights or remedies, City may act immediately to prevent threatened damage, injury or loss. In addition, if Owner fails to promptly correct any defect or deficiency where notice has been given to Owner, City may undertake the necessary remedial effort. In either event Owner shall promptly reimburse City for all costs. Nothing contained herein shall impose any duty upon City to act for Owner in an emergency.

f.

All warranty and guarantee obligations shall survive termination of this Agreement and acceptance of the Improvements by City. The establishment of all warranty and guarantee periods relate solely to Owner's obligation to correct the Work and shall not be construed to create a period of limitation for commencement of any legal proceedings.

22.

Cost Estimate. In order to secure the construction and installation of the Improvements, Owner and Fort Morgan agree that the Parties shall estimate the costs of Improvements to be installed. The purpose of said cost estimates is only for determining the amount of security and may be revised from time to time to reflect actual costs. Owner agrees to pay the actual costs of the Improvements.

23.

Security. Prior to recording of final plat, or if no plat will be recorded, prior to having a permit issued to undertake construction in the public way, Owner shall furnish to Fort Morgan adequate performance bonds, letters of credit, or other security which bonds, letters of credit or other security shall be furnished, in a form acceptable to Fort Morgan, in an amount not to exceed one-hundred twenty-five percent (125%) of the full amount of the estimated costs of all Improvements (other than landscaping) to be installed, as such security is more fully set forth in Chapter 20, Article 11 of the Fort Morgan Municipal Code. Fort Morgan shall release one-hundred percent (100%) of the security upon completion of one-hundred percent (100%) of the Public Improvements.

24.

Purpose of Security. Security shall be furnished by Owner as a security for the faithful performance of this Agreement, for the payment of all persons performing labor and furnishing materials and for all other obligations incurred in connection with Improvements. If, during the continuance of this Agreement, the surety on a performance bond or issuer of a letter of credit becomes irresponsible, Fort Morgan shall have the right to require additional and sufficient security at Owner's expense which Owner shall furnish within ten (10) consecutive calendar days after written notice to do so.

a.

Where a surety bond is used as security, Owner and its surety shall be jointly responsible for the maintenance and satisfactory operation of all Improvements for a period of one year following final acceptance of the specific Improvements finally accepted by Fort Morgan under this Agreement, and for the satisfactory repair or replacement of any work, material or equipment which becomes defective during this period; providing any failure results directly or indirectly from faulty manufacturing or from faulty erection or improper handling of materials or equipment furnished or installed by Owner. Neither Owner nor its surety shall be liable under this paragraph for any failure resulting from acts of Fort Morgan or a third party.

b.

For purposes of this Agreement and financial security for the performance of Improvements, the term "Owner" shall include Owner, its agents and employees, including any contractor or subcontractor employed or engaged by Owner, or any agent or employee of Owner for the purposes of designing or constructing any Owner Improvement.

25.

Landscaping Security. To the degree Owner is required to install landscaping on public or private property as a condition of Project approval, Owner shall provide security for the installation and maintenance of such landscaping for two (2) years after planting, in the same manner, at the same time, and in the same amount as for all Improvements. Fort Morgan may draw upon this security in the event Owner fails to install or properly maintain landscaping. Upon completion and approval of landscape installation, Fort Morgan may approve release of fifty percent (50%) of the total landscape security. Such security may be further released by Fort Morgan after one year to an amount not less than twenty-five percent (25%) of the original amount. The remaining security shall be released at the expiration of two (2) years from landscape installation.

26.

Letter of Credit. If a letter of credit is used pursuant to Chapter 20, Article 11 of the Fort Morgan Municipal Code, it must provide that its issuer ("Issuer") agrees to the following terms and conditions:

a.

Issuer guarantees that funds in the total amount provided for all Improvements, including landscaping Improvements, will be made available for the account of Owner for performance by Owner of all things required of Owner hereunder. Issuer further agrees that it will allow withdrawal or disbursement of portions of said funds only upon prior authorization from Fort Morgan, which authorization shall not be unreasonably withheld.

b.

Upon the completion of the payments or other performances herein agreed to be made and performed by Owner, Issuer shall be released from any obligation regarding any funds still held by it pursuant hereto.

c.

The following events shall be determined to be defaults by Owner:

(i)

The failure by Owner to make any payment herein required to be made by Owner.

(ii)

The failure of Owner to complete any of the Improvements or otherwise perform hereunder within the time herein set forth, or if not so set forth, within a reasonable period of time after written notice from Fort Morgan of such failure.

d.

Upon the happening of any such events of default, Fort Morgan may complete any such performance on behalf of Owner within a reasonable time and in such manner, by contract with or without public letting, or otherwise, as it may deem advisable, and issuer shall disburse out of said fund, upon Fort Morgan's request, the necessary money to pay for such performance or to make such required payments, including interest thereon; provided, however, that in no event shall issuer be obligated to pay to Fort Morgan more than the total amount of the money ever held by it in said fund (less those amounts previously disbursed upon approval by Fort Morgan) by reason of the default of Owner in performance of the terms, covenants and conditions herein contained.

e.

The procedures for performance by Fort Morgan and payment of the costs thereof by issuer and for the making by issuer of the payments required hereunder to be made by Owner, shall apply whether there be one or more defaults, or a succession of defaults on the part of Owner in performing the terms, covenants and conditions contained in this Agreement.

f.

From time to time, as work to be performed and Improvements to be constructed hereunder progress, Owner may request that Fort Morgan inspect such work and Improvements as are completed and may submit to Fort Morgan the cost of such completed work and Improvements. When Fort Morgan is satisfied that the work and Improvements certified by Owner are complete, in accordance with the terms hereof, Fort Morgan will submit to issuer its statement that it has no objection to the reduction of the letter of credit by the amount of the cost of the work performed and Improvements installed pursuant to the terms of this Agreement; provided, however, that in no event shall Fort Morgan's consent to the reduction be considered as an acceptance of such Improvements by Fort Morgan for maintenance purposes.

g.

No letter of credit or performance bond drawn upon a bank or financial institution with any relationship to Owner or any principal, director, officer or shareholder of Owner (other than the relationship of depositor or checking account holder), shall be acceptable as security. Fort Morgan may reject any security for any reason.

27.

Notice. When any faulty condition in the Improvements is found, Fort Morgan shall serve notice to Owner and/or its surety or issuer of this condition. Upon receipt of said notice Owner or its surety shall proceed immediately and with due diligence to perform all repairs and/or replacements in a satisfactory manner at no cost to Fort Morgan. The expiration date for the repaired or replaced work shall be the same as that for the warranty on the original work. In the event Owner fails to make such repairs or replacements, Fort Morgan shall have the right to do so in the manner described at Section 26.d hereof, pertaining to letters of credit. If, in repairing its own work, Owner damages the work or property of others, the repair and payment for such shall be Owner's responsibility.

28.

Acceptance of Improvements. Except as provided herein, Fort Morgan shall not accept responsibility for maintenance of any Improvement until completion of such Improvement and final acceptance thereof by Fort Morgan. (See Chapter 20, Article 11 of the Fort Morgan Municipal Code). Upon application by Owner for a Certificate of Completion, and provided all of the payments and other performances herein agreed to be made and performed by Owner have been made and completed, Fort Morgan will issue said Certificate of Completion, and except for defects appearing within two (2) years after the date of such Certificate, will thereby release Owner from all further liability hereunder as to such completed Improvements and all unused security provided by Owner (other than landscape security) shall be released. Upon issuance of said Certificate of Completion, all Improvements specified in such Certificate shall be deemed approved and accepted by Fort Morgan, whereupon such specified Improvements shall be owned and maintained by Fort Morgan.

29.

Remedies. In addition to any other remedy allowed by law, in the event of default by the Owner with respect to any provision of this Agreement, including insufficiency of security to complete the Public Improvements, the City may revoke any or all certificates of occupancy relating to the development, may revoke the plat or other final development approval, and may refuse to further process any site development application for property owned, in whole or in part, by Owner.

30.

Applicable Law. This Agreement, and the terms, conditions and covenants herein contained, shall be deemed to complement and shall be in addition to the conditions and requirements of the Fort Morgan Municipal Code, Chapter 20, Article 11 and other applicable laws, rules and regulations. Where conflict exists between this Agreement and any other controlling laws, the more stringent provisions shall apply.

31.

Severability. It is understood and agreed by the Parties that if any part, term, or provision of this Agreement is held by any court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as of the Agreement did not contain the particular part, term, or provision held to be invalid.

32.

Complete Agreement. This instrument embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties. There shall be no modification of this Agreement except in writing, executed with the same formalities as this instrument. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction.

33.

Recording; Benefit. This Agreement shall be recorded with the Clerk and Recorder for Morgan County, Colorado; shall run with the land; and shall be binding upon and shall inure to the benefit of the Parties hereto and upon and to their respective successors, grantees and assigns. Owner shall be released from further obligation hereunder in the event of sale of the property or portions thereof; provided however, that any successor, grantee or assignee of Owner shall be bound hereby, and this document shall have been recorded and serve as a covenant running with and burdening the land described in Exhibit A, as the burdened property, as an easement in gross for the benefit of the City of Fort Morgan. Any reference herein to Owner shall be deemed to include any purchaser, successor-in-interest or assign of Owner as to all or any part of the property. Owner shall notify Fort Morgan in writing within fifteen (15) days of any sale, transfer, or assignment, giving name and address of transferee, assignee or buyer.

34.

Effective Date. The terms of this Agreement shall become binding on all Parties hereto on the recordation of this Agreement in the records of the Clerk and Recorder of Morgan County, Colorado.

35.

No Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder.

36.

Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.

37.

Authority. The undersigned hereby acknowledge and warrant their power and authority to bind the Parties to this Agreement.

IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized officials to place their hands and seals upon this Agreement the day and year first above written.      CITY OF FORT MORGAN       a Colorado municipal corporation       ____________________________________
Mayor

ATTEST:

_________________
City Clerk

[OWNER]

      By: _________________________________

      Title:________________________________

State of Colorado  )

        ) ss.

County of _____________  )

SUBSCRIBED AND SWORN to before me this ______ day of _________________, 20_____, by _____________________________, of ________________________________.

WITNESS my hand and official seal.

My Commission Expires: ________________________________

      ___________________________________
Notary Public

[SEAL]

(Ord. 1110 §1, 2010)

EXHIBIT A
SUBDIVISION IMPROVEMENTS AGREEMENT

Legal Description

Street Address: __________________________________________________________________________

Record Title Owner and Address: ___________________________________________________________

_______________________________________________________________________________________

Tract, Lot or Parcel Legal Description:

[attach additional sheets if necessary]

EXHIBIT B
SUBDIVISION IMPROVEMENTS AGREEMENT

Quantities and Costs Estimate

EXHIBIT C
SUBDIVISION IMPROVEMENTS AGREEMENT

Improvements Location Map

(showing Public Improvements and private improvements)

[ATTACHED]

EXHIBIT D
SUBDIVISION IMPROVEMENTS AGREEMENT

Landscaping Quantities and Costs Estimate

[ATTACHED]

EXHIBIT E
SUBDIVISION IMPROVEMENTS AGREEMENT

Landscaping Improvements Location Map

[ATTACHED]

EXHIBIT F
SUBDIVISION IMPROVEMENTS AGREEMENT

Declaration of Covenants, Conditions and Restrictions and/or
Common Interest Community Declaration

[ATTACHED]

EXHIBIT G
SUBDIVISION IMPROVEMENTS AGREEMENT

Site Plan

[ATTACHED]

(Ord. 1110 §1, 2010)

APPENDIX 20-C
FEE SCHEDULE

(Ord. 1110 §1, 2010)