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ANNEXATION AGREEMENT <br />THIS AGREEMENT is made and entered into this 3► 'day of , 1999, by and <br />between WAREMBOURG COLORADO RANCHES, LLC, a Colorado limited liability company, <br />hereinafter referred to as the "Owner," and the CITY OF LOUISVILLE, a municipal corporation of <br />the State of Colorado, hereinafter referred to as "Louisville" or "City ". <br />WITNESSETH: <br />WHEREAS, Owner, Louisville and the County of Boulder are signatories to a Purchase <br />Contract To Buy and Sell Vacant Real Estate, Water Rights and Conservation Easement dated <br />April 19, 1999 ( "Purchase Contract "), and recorded at Reception No. 1932618 in the Office of the <br />- Boulder County Clerk and Recorder, which Purchase Contract is for the City and County of <br />Boulder's purchase of certain real estate, water rights, and conservation easement further defined in <br />the Purchase Contract as "the Property "; and <br />WHEREAS, pursuant to Paragraph 32 of the Purchase Contract, the Owner has submitted <br />to the City a petition to annex a 72 -acre parcel of the Property as more particularly described on <br />Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof (such parcel is <br />hereinafter referred to as "Parcel 2 "); and <br />WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following <br />Agreement with respect to annexation of Parcel 2 to the City. <br />NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE <br />COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE <br />PARTIES AS FOLLOWS: <br />1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals <br />into this Agreement. <br />2. Further Acts. Owner agrees to execute, promptly upon request of Louisville, any <br />and all surveys and other documents necessary to effect the annexation of the Property and the other <br />provisions of this Agreement. For so long as this Agreement is in effect, Owner agrees to not sign <br />any other petition for annexation of the Property or any petition for an annexation election relating <br />to the Property, except upon request of Louisville. <br />3. Action on Petition. Louisville shall proceed in a reasonably expeditious manner <br />to process the Owner's annexation request in compliance with the Municipal Annexation Act. <br />4. Effective Date of Annexation and Zoning. Louisville and Owner acknowledge <br />1 <br />