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WHEREAS, Owner and the City seek this agreement to provide future certainty relating <br />to development issues such as, but not limited to, zoning designation and allowed land uses, <br />extension of utility services, vehicular access and standards for public improvements; and <br />WHEREAS, it is to the mutual benefit of the Parties hereto to enter into the following <br />Agreement. <br />NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE <br />CONVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN <br />THE PARTIES AS FOLLOWS: <br />I. Initiation of Annexation. At time of development or sooner the Owner agrees to prepare <br />any and all maps, surveys, engineering, master planning, reports and public notice and <br />other documents necessary to initiate the annexation of the Property and effectuate the <br />other provisions of this Agreement. <br />2. Exclusivity. Owner agrees to not sign any other petition for annexation of the Property or <br />any petition for an annexation election relating to the Property, except upon request of <br />Fort Lupton. <br />3. Annexation Fee. At the time of Owner's future action to initiate annexation, Owner <br />agrees to pay Fort Lupton an annexation fee, in such amount reasonably estimated to <br />cover those City costs, not subject to any other fee, incurred to carry through with the <br />annexation of the Subject property, not to exceed the amount of usual and customary City <br />fees. <br />4. Resolution of Substantial Compliance. Within the deadlines provided by Colorado law, <br />Fort Lupton shall act upon the Owner's annexation petition application that has been <br />deemed complete and shall set a public hearing for a date not to exceed 60 days from the <br />date of action upon the petition, unless Owner consents to later action. <br />S. Land Use Designation and Zoning. <br />a. 1n accordance with the terms of Weld County USR 2016-0034 and Colorado <br />Regular 112 Reclamation Permit M-2016-030, sand and gravel recovery and <br />associated uses will continue as an allowed continued use when the property is <br />annexed into the City's land use jurisdiction. <br />b. This Agreement shall confirm that the City of Fort Lupton envisions development <br />of industrial lots in the affected area as a post -mining use for Reclamation Permit <br />M-2016-030. The City finds that this future land use is consistent with the City's <br />adopted Comprehensive Plan. <br />c. Anticipated zoning for this proposed new annexation is industrial use consistent <br />with City of Fort Lupton's current, at the time of annexation, I-2 (Heavy <br />Industrial) zoning district, specifically including construction yards, <br />4277837 Pages: 2 of 10 Page 2 of 8 <br />02/13/2017 02:10 PM R Fee:;58.00 <br />Carly Koppes, Clark and Recorder, Wald County, CO <br />mill I rJsti'Y�I �I+��M�'� k VnIVIVAI&A �& 11A 11111 <br />