Resolution 2012-54 - Laserfiche WebLink

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governmental, or police powers to promote and protect the health, safety, and welfare of the City and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the City of any tax or fee. 12. Disconnection. No right or remedy of disconnection of the Property from the City shall accrue from this Agreement, other than that provided by applicable City ordinances. In the event the Property or any portion thereof is disconnected at 'Owner's request, Louisville shall have no obligation to serve the disconnected Property or portion thereof and this Agreement shall be void and of no further force and effect as to such Property or portion thereof. 13. Severability. The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, portion, or provision held to be invalid. 14. Municipal Services. Louisville agrees to make available to the Property all of the usual municipal services in accordance with the ordinances and policies of the City which services include, but are not limited to, police protection and water and sewer services. Owner acknowledges that City services do not include, as of the date of the execution of this Agreement, fire protection or emergency medical services, but the Property is presently included within the boundaries of and is entitled to receive such services from the Louisville or Chenyvale Fire Protection District. 15. Water Rights. Owner represents to the City that there are no shares of any mutual ditch company stock or other water rights appurtenant to the Property. At the time of approval of the first subdivision plat or P.U.D. for all or any portion of the Property, there shall be paid to the City the Water Resource Fee required by City Council resolution. The payment due at such approval of the first subdivision plat or P.U.D. shall be total amount due for the entire 0.24-acre Property, calculated at the per acre rate then in effect pursuant to City Council resolution. Owner further agrees that Resolution No. 6, Series 2007, as in effect from time to time, applies to the Property and that the City reserves the right to require, at the time of subdivision and/or P.U.D. approval, the payment of a Water Resource Fee or other considerations for raw water acquisition if, in the judgment of the City, the development planned for the Property will generate a higher water demand than the average water demand. The City acknowledges such actions by Owner satisfy the requirements of the City Code and policy regarding the dedication of water rights. 16. Special District Inclusion. The Property chall be included into the Northern Colorado Water Conservancy District (NCWCD), and the Municipal Sub -district, prior to receiving water service from the City of Louisville. Further, the Owner shall petition to include the Property into the NCWCD at its expense. 17. Future Cooperation. The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 18. Amendment. This Agreement may be amended by the City and any Owner without the consent of any other Owner as long as such amendment affects only that Owner's portion of the 3