Timothy J. Phelan and Deborah A. Phelan - Page 4

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          water, sewer, and irrigation services to the land.  The agreement           
          also allowed for Regency Group to assign this duty to Triview.              
               Also during 1987, the adjacent town of Monument and several            
          land owners agreed to expand Monument’s town limits to include              
          more residential housing and business areas.  On September 22,              
          1987, the town of Monument annexed Regency Park and other areas             
          into its city limits pursuant to an Annexation and Development              
          Agreement with Regency Group and owners of the other land.  The             
          agreement further referenced Triview’s obligation under the                 
          Intergovernmental Agreement to construct several public                     
          facilities within the Triview district, including roads, water              
          and sanitation plant facilities, parks, and traffic control                 
          systems.  JCLC was not a party to the Intergovernmental                     
          Agreement.                                                                  
               In conjunction with the Annexation and Development                     
          Agreement, the town of Monument passed Annexation Ordinance No.             
          13-87, rezoning the 1,776 acres of Regency Park into a planned              
          development zone consisting of 1,674 acres.  The development zone           
          designated areas for single-family and multifamily homes,                   
          commercial buildings, and industrial buildings.  Landowners                 
          within the development zone could not build on their land until             
          they obtained a final site plan approval from the town of                   
          Monument.                                                                   








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