A. Except for a development agreement to extend vested property rights pursuant to section 9-1-17-11 of this title and, except as provided in section 24-68-105, Colorado Revised Statutes, the execution of the development agreement shall not preclude the current or future application of Municipal, State or Federal ordinances, laws, rules or regulations to the real property which is the subject of the development agreement (collectively, "laws"), including, but not limited to, Building, Fire, Plumbing, Engineering, Electrical and Mechanical Codes, and the town's Development Code, subdivision ordinance and other land use laws, as the same may be in effect from time to time throughout the term of the development agreement. Any development of the real property which is the subject of the development agreement shall be done in compliance with the then current laws of the town.

B. Nothing in the agreement shall preclude or otherwise limit the lawful authority of the town to adopt or amend any Town law, including, but not limited to, the town's: 1) Development Code, 2) land use guidelines, 3) master plan, and 4) subdivision ordinance.

C. The development agreement shall run with the title to the land and be binding upon the owners, heirs, successors and assigns.

D. Prior to any action against the town for breach of the development agreement, the applicant shall give the town a sixty (60) day written notice of any claim by the applicant of a breach or default by the town, and the town shall have the opportunity to cure such alleged default within such time period.

E. The town shall not be responsible for and the applicant shall have no remedy against the town if development of the real property which is the subject of the development agreement is prevented or delayed for reasons beyond the control of the town.

F. Actual development of the real property which is the subject of the development agreement shall require the issuance of such other and further permits and approvals by the town as may be required from time to time by applicable town ordinances.

G. No official or employee of the town shall be personally responsible for any actual or alleged breach of the development agreement by the town.

H. The applicant shall agree to indemnify and hold the town, its officers, employees, insurers, and self-insurance pool, harmless from and against all liability, claims, and demands, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the development agreement, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the negligence or intentional act or omission of applicant, any subcontractor of the applicant, or any officer, employee, representative, or agent of the applicant or of any subcontractor of the applicant, or which arise out of any workers' compensation claim of any employee of the applicant, or of any employee of any subcontractor of the applicant; except to the extent such liability, claim or demand arises through the negligence or intentional act or omission of the town, its officers, employees, or agents. Applicant agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims, or demands at the sole expense of the applicant. Applicant also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees.

I. If any provision of the development agreement shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of the remaining provisions of the agreement.

J. In connection with an application for a development permit to develop the real property that is the subject of a development agreement the application shall not receive an award of positive points under the Development Code for any commitment offered to the town by the applicant pursuant to Section 9-9-4, or any other obligation or requirement of the applicant under the development agreement. (Ord. 3, Series 1999; amd. Ord. 8, Series 2020)