ALP 3

ANIMAS -LA PLATA PUMP STATION
ANNEXATION AGREEMENT
THIS AGREEMENT, dated this day of August, 2009, is between the City of Durango, a
Colorado Municipal Corporation, herein referred to as "City," and the Animas -La Plata Water
Conservancy District, herein referred to as "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of a certain tract of property comprising 46.27 acres legally
described and identified as attached hereto as Exhibit "A," which exhibit is made a part hereof
(hereinafter referred to as the "property ") and which real estate is contiguous to the City limits of the City;
and
WHEREAS, Applicant desires and proposes to annex said Exhibit "A" property and develop said
property pursuant to the provisions and regulations as set forth in the City of Durango Land Use and
Development Code; and
WHEREAS, pursuant to due legal notice and advertisement in the manner provided by law, the
Durango Planning Commission and the Durango City Council have held public hearings as prescribed by
law and made recommendations and decisions for approval of the Animas -La Plata Pump Station
Annexation and initial zoning; and
WHEREAS, the City Council of the City of Durango, after due and careful consideration, has
concluded that the annexation of the property to the City and its zoning and development on the terms and
conditions herein set forth would further enable the City to control the development of the area and best
serve the interests of the City;
NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein
set forth, the parties hereto agree as follows:
CONTRACT ENFORCEMENT PROVISIONS
A. Applicable Law
This Agreement is made pursuant to and in accordance with the provisions of C.R.S., §31-
12-101, et sea. and the Code of Ordinances of the City of Durango.
B. Remedies for Default
1. Applicant agrees to faithfully and timely perform the covenants, conditions and
obligations herein set forth. In the event of Applicant's default thereunder, City
shall give notice of default to Applicant at the address hereinafter set forth,
specifying the nature and extent of the default with reasonable particularity, and
providing Applicant with a period of sixty (60) days to cure such default or to
initiate and diligently pursue procedures necessary to cure such default if the
default cannot reasonably be cured within the sixty (60) days allowed.
C. Notice
1. Any notice required pursuant to the terms of this Agreement shall be effective
upon receipt if sent through the United States mails, postage prepaid on a certified
return receipt requested basis, addressed to the respective parties at the addresses
hereinafter set forth or at such other addresses as a party may designate through
written notification to the other party at the address hereinafter set forth. For
purposes of this paragraph, the refusal of delivery or failure to respond to notices
from the United Stated Post Office shall constitute receipt. Addresses for notice
are as follows:
CITY: Otha J. Rogers, Director of Public Works
City of Durango
949 East 2nd Avenue
Durango, CO 81301
ALP Pump Station Annexation Agreement Page 1