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successors, and assigns hereof, and shall constitute covenants <br />running with the land. This Agreement shall be recorded with the <br />County Clerk of Boulder County, Colorado, at the City's expense. <br />Venue for any action related to this Agreement shall be in the <br />District Court in Boulder County, Colorado. <br />18. Legislative Discretion. The parties acknowledge that <br />the annexation, zoning, and subdivision of the Property are <br />subject to the legislative discretion of the City Council of the <br />City of Louisville. No guarantee of annexation, zoning, or <br />subdivision has been made by the City. In the event that, in the <br />exercise of its legislative discretion, any action with respect <br />to the Property herein contemplated is not taken by the City, <br />then the sole and exclusive remedy for the breach hereof shall be <br />the withdrawal of the petition for annexation of the Property by <br />the School District, or disconnection of the Property from the <br />City in accordance with state law, as may be appropriate. <br />19. Term. <br />a. The term of this Agreement as it relates to the <br />Development Parcels shall be twenty (20) years from <br />date of final approval by the parties in interest as <br />indicated by the date of this Agreement. The Agreement <br />shall be automatically renewed thereafter on an annual <br />basis except that either party may terminate the <br />Agreement as to the Development Parcels by providing <br />written notice of termination at least ninety (90) days <br />prior to the end of any renewal term. After <br />termination, the uses of the Development Parcels shall <br />continue to be consistent with Exhibit D until changed <br />in the manner which fully complies with City processes <br />at the time an application to change is made. <br />b. The provisions of this Agreement relating to the School <br />Campus Parcel shall continue in effect until modified <br />by the agreement of the parties. <br />20. Annual Appropriation. Any financial obligation of a <br />party'pursuant to this Agreement shall be subject to annual <br />appropriation by the governing body of the party. It is the <br />intent of the parties that this Agreement shall not create a <br />multiple -fiscal year financial obligation pursuant to the <br />Colorado Constitution, Article X, Section 20 (TABOR) for any <br />party. <br />June 27, 1996 <br />BVSD\GEN\BVSD2.RAE <br />6 <br />