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subdivision platting or earlier if deemed necessary by the City for future proposed <br />land use(s) <br />7. Access improvements. Owner has completed a traffic study for its currently proposed <br />use, and agrees to enter into an agreement pertaining to public road improvements and <br />related matters prior to use of access for mining operations <br />S. Compliance with Master Plans. Owner agrees that future development of the Property <br />will comply with any adopted infrastructure plans, including but not limited to, <br />transportation, drainage, water, sewer, land use and comprehensive plans. Provided that <br />City and Owner acknowledge that prior development in the vicinity of the Subject <br />Property has not implemented any plan for collection and discharge of regional drainage; <br />Owner shall be permitted to emulate such existing drainage, stormwater, and flood <br />control strategies to the extent allowed by applicable state, regional, and federal <br />regulatory agencies. <br />9. Owner's Reliance Upon Other Approvals. This Agreement shall be null and void if the <br />City fails to approve minor subdivision case MSD2016-001 or the subsequent recording <br />of the associated plat, effectively denying Owner access to the Subject Property. At <br />Owner's election, this Agreement is voidable in the event of Weld County's failure to <br />approve USR 2016-0034 or its failure to accept for recording the associated plat. <br />10. Noninterference with Mineral Rights. Sub -surface mineral rights on the Property are <br />owned, leased, or otherwise controlled by the Anadarko Petroleum Company and its <br />subsidiaries ("Mineral Owner"). This Agreement shall not be held to interfere with any <br />right of the Mineral Owner to access or develop its property interests. <br />11. Compliance with Ordinances, Resolutions and Standards. Owner agrees that the <br />design, improvement, construction, development, and use of the Property shall be in <br />conformance with, and that Owner shall comply with, all City ordinances and resolutions <br />including, without limitation, ordinances and resolutions pertaining to subdivision, <br />zoning, storm drainage, utilities, and flood control. <br />12. Limitations. Nothing contained in this Agreement shall constitute or be interpreted as a <br />repeal of the City's ordinances or resolutions, or as a waiver of the City's legislative, <br />governmental, or police powers to promote and protect the health, safety, and welfare of <br />the City and its inhabitants; nor shall this Agreement prohibit the enactment or increase <br />by the City of any tax or fee. <br />13. Disconnection. No right or remedy of disconnection of the Property from the City shall <br />accrue from this Agreement, other than that provided by applicable State laws. In the <br />event the Property or any portion thereof is disconnected at Owner's request, Fort Lupton <br />shall have no obligation to serve the disconnected Property or portion thereof and this <br />Agreement shall be void and of no further force and effect as to such Property or portion <br />thereof. <br />4277657 02/138 p <br />2017 02:10 Pn R Fee:s 8,00 Page 4 of 8 <br />Carly Kappas, Clark and Recorder. Wald County, CO <br />mill�1��I�k������a�'�R�iMr.'M.�l�'� <br />