ALP 6

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 sewer
plant investment fee then in effect within the City of Durango for the sewer line connection. In
addition thereto, Owner shall pay to the City the outside -city rates for sewer service as provided
by the ordinances and resolutions of the City, from the date connection is made to the City sewer
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 sewer utility, sewer utilities installations and
connections as shown on the submitted plans and specifications for the associated sewer lines
shall be fully complete, to the extent to be installed at that time, and approved by the City
Engineer.
7. (Intentionally deleted).
8. 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.
9. 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
Plans and Specifications. Owner shall also comply with all of the applicable zoning laws of that
governmental entity having jurisdiction over such building construction and all applicable rules,
regulations and administrative orders of the City relating to the sewer 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.
10. 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.
11. 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
Revised 1996