ALP 6

annexation by the City of Durango and Owner therefore agrees that in addition to the foregoing,
Owner will comply with all pertinent City specifications, as the same may exist at the time of
development, with respect to each aspect of the development to be completed on the property
described in paragraph 1 above. Owner also agrees to pay at the time of any final subdivision
plat approval, all other applicable fees required in conjunction with the development, including,
but not limited to, a parks fee or dedication of land in lieu thereof and a school dedication fee, as
required by the ordinances of the City of Durango.
5. Owner agrees to pay to the City at the time of connection, the applicable water
plant investment fee then in effect within the City of Durango for the water line connection. In
addition thereto, Owner shall pay to the City the outside -city rates for water service as provided
by the ordinances and resolutions of the City, from the date connection is made to the City water
utility or as the same may thereafter be revised or amended. Owner shall, in addition thereto, at
his own expense install and maintain such devices, if any, as may be required by the City to
measure the use made of such service for purposes of assessing the charges therefor.
6. Prior to any connection to the City water utility, water utilities installations and
connections as shown on the submitted plans and specifications for the associated water lines
shall be fully complete, to the extent to be installed at that time, and approved by the City
Engineer.
7. As partial consideration for the granting of the foregoing Implied Consent Agreement
authorizing and allowing connection to the City's municipal water system, Owner agrees that
should central sewer service be extended to a point within 400 feet of any property line of
Owner's property, as above - described, at any time subsequent to the execution of this Agreement,
Owner will, within a period of not more than sixty (60) days after the extension of central sewer
service to said point, connect all buildings and structures on Owner's property requiring sewer
service to such central sewer facility. Such connection shall be made at the sole expense of
Owner. Should Owner fail to make such connection within the sixty (60) day period, such failure
shall cause revocation of the permit herein granted by the City.
8. (Intentionally Deleted)
9. Owner agrees that within a period of ninety (90) days after the land described in
paragraph 1 above becomes eligible for annexation to the City of Durango under the provisions
of the Constitution of the State of Colorado, laws of the State of Colorado or the ordinances of
the City, it will cause to be filed, at its own expense, a valid annexation petition with the City of
Durango proposing such land for annexation to the City. In addition thereto, Owner agrees that
subsequent to the filing of said petition, Owner will take no action nor encourage others to take
any action detrimental or prejudicial to the annexation to the City of Durango of the property
described in paragraph 1 above. All expenses of the annexation process, including, but not
limited to, necessary surveying, plat preparation, preparation of legal documentation and payment
of necessary processing fees in conjunction with the annexation procedure shall be the sole
responsibility of the Owner. Failure of Owner to make such application within ninety (90) days
shall not preclude the City from enforcing the terms of this paragraph at a subsequent date as
determined by the City by means of mandatory injunction proceedings in a Court of competent
jurisdiction. Failure of the City to initiate proceedings shall not constitute a waiver of Owner's
obligations pursuant to this paragraph. Owner agrees to pay all additional fees that may be
required in conjunction with the annexation of the property described in paragraph 1 above.
10. All development by Owner shall be in accordance with the terms and provisions
of the submitted Plans and Specifications. Owner further agrees that in the event he constructs
any additional buildings on the property herein described subsequent to the date of this
agreement, he shall comply with all applicable ordinances, codes and specifications of that
governmental entity having jurisdiction over such building construction. In addition thereto,
plans for any and all such improvements to be constructed or made on the property shall be filed
with the City of Durango prior to the commencement of any such construction or improvement
and all such construction or improvement shall be in accordance with the standards used in the
Du gaiCA.Weta(Piud.12.14.04).DOC
3
Revised 2004