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26. Recording. This Agreement shall be recorded with the County Clerk of Weld County, <br />Colorado, at Owner's expense. <br />27. Enforcement. Subject to the conditions precedent herein, this Agreement may be <br />enforced in any court of competent jurisdiction. <br />28. Termination. This Agreement shall terminate if the City fails to approve the annexation <br />of the Property <br />29. No Assurance of Annexation. The Owner acknowledges that the annexation and zoning <br />of the Property are subject to the legislative discretion of the Fort Lupton City Council. <br />No assurances of annexation or zoning have been made or relied upon by Owner. In the <br />event that, in the exercise of its legislative discretion, any action with respect to the <br />Property herein contemplated is not taken, then the sole and exclusive remedy for the <br />breach hereof accompanied by the exercise of such discretion shall be the withdrawal of <br />the petition for annexation by the Owner, or disconnection from the City in accordance <br />with State law, as may be appropriate. <br />30. Inclusion in NCWCD. The Owner consents to petition for inclusion into the Northern <br />Colorado Water Conservancy District and the municipal sub -district pursuant to Section <br />97-45-136 (3.6) C.R.S. and to pay the appropriate inclusion fees and costs associated <br />with such inclusion within six months of the date of annexation. Owner acknowledges <br />that, upon inclusion into the district and sub -district, Owner's Property will be subject to <br />the same mill levies and special assessments as are levied or will be levied on other <br />similarly situated property in the district and sub -district at the time of inclusion of <br />Owner's lands. Owner agrees to waive any right to an election which may exist to require <br />an election pursuant to Article X, Section 20, of the Colorado Constitution before the <br />district and sub -district can impose such mill levies and special assessments as it has the <br />authority to impose. Owner also agrees to waive, upon inclusion, any right, which may <br />exist to a refund pursuant to Article X, Section 20, of the Colorado Constitution. <br />BRANNAN SAND AND§RAVEL CO., L.L.C. <br />By: <br />Printe Name: Cu <br />c'U <br />CITY OF FORT LUPTON <br />By: to4e��/ <br />Tommy Halton, Wayor <br />ATTEST: <br />4277837 Pages: 7 of 13 Page 7 of B <br />02/13/2017 02:10 PM R Fee:$58.00 <br />Carly Kappas. Clark and Raoorder. Weld County, CO <br />