ALP 6

Plans and Specifications Owner shall also comply with all of the applicable zoning laws of that
entity having jurisdiction over such building construction and all applicable rules, regulations and
administrative orders of the City relating to the water utility of the City of Durango. It is further
agreed that this grant of a revocable permit by the City does not relieve Owner, or his property,
from such assessments as may be levied subsequent to annexation to the City for special benefits
attaching to the property as the result of the construction or installation of local improvements.
11. In the event that the property described herein has not been annexed to the City at
such time as further land use approval is sought, Owner agrees that, notwithstanding land use
approval by the Board of County Commissioners of La Plata County, this Agreement shall
remain in full force and effect.
12. If Owner shall fail to perform any of the terms, conditions or obligations herein
set forth, the City may, at its option, in addition to any other remedies it may have, either
tenninate the services herein authorized or suspend the same until Owner shall fully perform the
terms, conditions and obligations set forth. As an alternative, the City may, if it so elects,
continue to furnish service upon such new charges and such other different or additional terms
and conditions as the City Council shall deem appropriate and as shall be provided by resolution
of the City Council.
13. The services to be performed by the City under the provisions hereof are granted
on a revocable permit basis and shall be subordinate and subject to the requirements and capacity
for water utility service within the City of Durango.
14. The Owner shall pay the cost of any title chain or memorandum of title necessary
to establish that the land described in paragraph 1 above is owned by the Owner. Owner shall
further pay all costs required in conjunction with the recording of any instruments related to this
agreement.
15. This agreement shall run with the land described in paragraph 1 above and shall
be binding upon the respective parties hereto, their heirs, successors, grantees, personal
representatives and assigns. Time is of the essence with respect to all terms, conditions and
obligations herein contained. If any part of the land herein described shall be conveyed, or if the
whole thereof shall be conveyed, this agreement shall be binding upon all property described in
paragraph 1 above, irrespective of whether the parcel so conveyed is actually served with water
utility service from the City of Durango or otherwise.
16. The Owner may assign any or all of the obligations and benefits of this agreement
to the Bureau of Reclamation, but such assignment shall not relieve the Owner of the obligations
set forth herein or preclude the Owner from enforcing the benefits herein.
Du mgmICA.WMev(Foe1. 1214.04).DOC
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Revised 2004