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14. Severability. The Parties agree that if any part, tern, portion, or provision of this <br />Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any <br />law of the State of Colorado, the validity of the remaining parts, terms, portions, or <br />provisions shall not be affected, and the rights and obligations of the Parties shall be <br />construed and enforced as if the Agreement did not contain the particular part, term, <br />portion, or provision held to be invalid. <br />15. Municipal Services. Fort Lupton agrees to make available to the Property all of the usual <br />municipal services in accordance with the ordinances and policies of the City, which <br />services include, but are not limited to, police protection and water and sewer services. <br />Owner acknowledges that City services do not include, as of the date of the execution of <br />this Agreement, fire protection or emergency medical services, but the Property is <br />presently included within the boundaries of and is entitled to receive such services from <br />the Fort Lupton Fire Protection District. City of Fort Lupton water and wastewater <br />services will be extended at the owner/developer's cost to the Subject Property when <br />development of lots necessitates the installation of these services. <br />a. A subdivision improments agreement or other legal instrument will be entered <br />into by the Owner and the City for proposed service extensions. <br />16. Existing Water Rights. Fort Lupton acknowledges that Owner's underground water <br />rights are limited to certain wells proposed on the property. Fort Lupton agrees that <br />Owner shall retain all well rights, and ditch shares associated with the property, however, <br />it is agreed that the City shall have a 45 day first right of refusal on any ditch shares <br />applied to augmentation or other beneficial use on the Subject Property and proposed to <br />be sold by the Owner. It is also agreed that once the property is served by municipal <br />water that the continued use of the well(s) shall be re-evaluated for future use. If the <br />wells are not necessary for continued operations and/or use for irrigation then the well(s) <br />shall be conveyed to the City at the City's request along with all pertinent easements for <br />access, use, maintenance and repair, <br />17. Future Conveyance of Water Rights. In accordance with Fort Lupton Municipal Code <br />Section 13-122, and to the extent applicable, Owner agrees to convey to the City all water <br />rights necessary for development, and any related stock certificates evidencing ownership <br />of the water rights, free and clear of all encumbrances and with all taxes and assessments <br />related hereto paid in full, but the City retains the right to require cash in lieu thereof. <br />Water rights may be conveyed on a pro -rata basis as the Property develops. <br />Owner hereby acknowledges its receipt of a copy of Fort Lupton Municipal Code Section <br />13-122 concerning City policy with respect to the dedication Of water rights, or cash in <br />lieu, to the City in connection with annexations, and agrees to comply with such <br />resolutions and with any amendments thereto, including any applicable amendments <br />adopted subsequent to the annexation of the subject Property. <br />18. Parks, Public Lands and Land Exactions. Owner agrees to dedicate to the City, or pay <br />cash in lieu of land if required by City at the time of platting, areas to be used for public <br />4277857 p■yes; 5 of 10 Page 5 of 8 <br />02/13/2017 02:10 PM R Fee:;38.00 <br />Carly Koppes Clark and Racorder, Wald County, Co <br />mill !r rl '[ tl 'lf F h��' Ll : i��1��� '1���� I011411111 <br />