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OLIGARCHY IRRIGATION DITCH COMPANY
AGREEMENT TO MODIFY DITCH AND EASEMENT
ASSOCIATED WITH PROJECT LIFEBRIDGE
1. PARTIES. The Parties to this Agreement are ("Ditch
Company"), and ("Licensee"). The Ditch Company and
Licensee are hereinafter referred to as the Parties.
2. RECITALS. Licensee desires to obtain the permission of the Ditch Company to
modify the Clover Basin Ditch ("Ditch") on property described in EXHIBIT A by
relocating a portion of the ditch and placing it in a pipeline. Additionally, the Licen-
see will install the utility crossings described in EXHIBIT B. Licensee owns the
property described in EXHIBIT A. The Ditch Company has agreed to the change in its
easement and the Ditch subject to the terms, conditions and covenants set forth in this
Agreement.
NOW, THEREFORE, THE PARTIES AGREE:
3. CONSTRUCTION.
3.1 Licensee shall reconstruct the Ditch by relocating and piping a portion of
the open Ditch, and installing the crossings listed in EXHIBIT B (the "Installa-
tions") pursuant to the plans and specifications approved by the Ditch Company
and attached hereto as EXHIBIT C. The obligations and benefits of this
Agreement shall run with the land described in EXHIBIT A.
3.2 The Licensee shall notify the Ditch Company at least five days preceding
the date of commencing work involved on the Installations, or replacement of
the Installations, permitted hereunder. The Ditch Company will inspect the In-
stallations or replacements during the construction thereof, as it deems
necessary to protect its interests.
3.3 The Licensee agrees that the construction permitted hereunder shall pro-
ceed with reasonable diligence from the initiation of such construction to its
completion. The Installations shall be constructed in such a manner so as not to
interfere with the flow of water through the ditch to water recipients. Licensee
shall be responsible for the carriage of water across the land, including drainage
water, while the Installations are being constructed.
3.4 Upon completion of the Installations, Licensee shall notify the Ditch
.-. Company. The Ditch Company shall accept or reject the Installations except
that the Ditch Company shall not be required to accept or reject until and unless
all fees billed have been paid pursuant to Section 7 below. The Ditch Company
H:\42]0 0o1\Eng\Correspondence\ditch modification agreement.doc 11/06/02 9'.00 AM
shall not unreasonably withhold acceptance. The Ditch Company shall be enti-
tled to test the Installations by running water through them. Acceptance or
rejection shall be in writing. If the Ditch Company accepts, the survey and grant
of easement described in Sections 5 and 6 shall occur. If the Installations are
rejected, the Ditch Company shall specify the reasons for rejection, and the Li-
censee shall correct same, and the above process shall be repeated.
3.5 The Ditch Company's review and approval of the plans and specifica-
tions of the Installations is solely for its benefit and creates no benefit or right
in any other Party.
3.6 The Licensee shall install permanent markers or indicators showing the
location of the piped ditch for the purpose of locating the piped ditch as re-
quired by the Utility Notifications Center of Colorado. These markers shall be
installed at the entrance of the piped ditch and located at every manhole show-
ing the location of the new pipeline. The distance between the markers shall
not exceed 500 feet. Additionally, a trace wire shall be installed along the en-
tire length of the ditch pipeline.
3.7 The Licensee shall install a trash rack at the inlet of the siphon. Such trash
rack shall be firmly secured and approved by the Ditch Company.
3.8 It is not known whether the Licensee's project requires any local, state or
federal permits or approvals. It is the Licensee's obligation to investigate and
determine the need for any such permits or approvals. The Licensee is respon-
sible, at its own expense, for obtaining all local, state and federal permits or
approvals and for compliance with all local, state and federal laws and regula-
tions including but not limited to land use and environmental laws and
regulations, and specifically including the Endangered Species Act, prior to be-
ginning construction. The Licensee shall indemnify the Ditch Company for any
and all costs, damages, fines, and fees, including reasonable attorneys' fees in-
curred by the Ditch Company as a result of the Licensee's failure to obtain such
permits or approvals or failure to comply with all applicable laws and regula-
tions.
4. INSPECTION.
4.1 The Licensee shall notify the Ditch Company at least five (5) days prior
to construction of the Installations, or replacement or repair of the Installations
permitted by this Agreement. In the event Licensee fails to give the Ditch
Company such notice, Licensee shall pay Ditch Company $500 in liquidated
damages. The Ditch Company is permitted to inspect the Installations or re-
placement and repairs of the Installations during construction. Upon
H:\42]0 001\ENG\CORRESPONDENCE\DITCH MODIFICATION AGREEMENT.DOC 11/06/02 9:03 AM
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completion of the construction, the Ditch Company may inspect the Installa-
tions.
4.2 Licensee shall reconstruct the Ditch by relocating and piping a portion of
the open Ditch, installing a siphon under Lykins Gulch and installing the cross-
ings listed in EXHIBIT B (the "Installations") pursuant to the plans and
specifications approved by the Ditch Company and attached hereto as
EXHIBIT C. The obligations and benefits of this Agreement shall run with the
land described in EXHIBIT A.The Ditch Company's right to inspect the Instal-
lations or replacement of the Installations in no way relieves the Licensee of its
liability for improper construction or maintenance. The Ditch Company's in-
spection is solely for the benefit of the Ditch Company and creates no
obligation to the Ditch Company.
5. SURVEY. After completion of the Installations, Licensee shall obtain an as-
built survey signed by a registered engineer of the Installations and provide a copy of
the survey to the Ditch Company. As part of this survey, a legal description shall be
developed for the easement to be granted to the Ditch Company pursuant to Section 6.
The legal description of the easement shall be attached to EXHIBIT D.
6. GRANT OF EASEMENT. Upon completion of the Installations as approved
and accepted by the Ditch Company, Licensee shall grant a new easement to the Ditch
Company by executing an easement deed, the form of which is attached hereto as
EXHIBIT D. Licensee shall convey to the Ditch Company a (###)-foot wide utility
easement so the Ditch Company has at least ## feet on either side of the centerline of
the Ditch for its easement.
7. REIMBURSEMENT OF EXPENSES.
7.1 The Licensee agrees to reimburse the Ditch Company (or pay directly) for
all reasonable engineering and legal costs incurred by the Ditch Company in
preparing, approving and enforcing this Agreement, the costs associated with
billing and collecting these amounts for the Ditch Company and the costs of in-
spection as described in Section 4.
7.2 Statements for the costs chargeable to Licensee hereunder will be for-
warded to Licensee and the same shall be paid to the Ditch Company within 30
days after the billing date. If payment has not been received by Ditch Company
within 30 days, Licensee shall have breached this Agreement and Ditch Com-
pany may institute legal proceedings to collect the amount due and owing. In
such proceeding, Ditch Company shall be entitled to its costs and reasonable at-
torneys' fees from Licensee.
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8. LICENSE FEE. As consideration for the Ditch Company to enter into this
Agreement, Licensee shall pay to the Ditch Company $##.## upon execution of this
Agreement.
9. MAINTENANCE.
9.1 Licensee specifically agrees and pledges to maintain, repair and replace
the Installations described in EXHIBIT C and the entire portion of the Ditch
located on the property described in EXHIBIT A so as not to require the Ditch
Company to maintain, repair or replace the Installations or the Ditch in that
area. If Licensee fails to properly maintain, repair or replace any portion of the
Installations or the portions of the Ditch for which it is responsible after ten
days' notice of the need for same and such maintenance and/or repairs are fea-
sible due to weather conditions during that period, the Ditch Company may, at
its own option, conduct its own maintenance, repair or replacement, and Licen-
see shall reimburse Ditch Company for the cost of such work within 30 days. In
the event Licensee fails to maintain, repair or replace the Installations or the
portions of the Ditch for which it is responsible, it shall be held liable for any
loss, damage or injury to Ditch Company. If the Ditch Company conducts its
own maintenance, repair or replacement, it does not waive the right to hold Li-
censee liable for damages caused by Licensee's failure to maintain, repair or
replace.
9.2 The Licensee's maintenance responsibilities hereunder include, but are
not limited to, the daily obligations of removing trash and debris from the
Ditch, cleaning grates and trash racks, and keeping all culverts and pipelines
open and free of debris on the property described in EXHIBIT B.
9.3 The Licensee must notify and receive authorization from the Ditch Com-
pany before replacing any portion of the Ditch. If the Licensee interrupts the
Ditch Company's water supply for any reason, it shall be responsible for all
damages incurred by the Ditch Company and its shareholders. The Ditch Com-
pany's shareholders are third party beneficiaries of this Agreement.
9.4 In the event of an emergency, the Licensee may conduct maintenance or
repair immediately, giving notice to the Ditch Company at the time the emer-
gency repairs are made by telephone ###.###.#### and in writing to the
contacts identified in Section 14. If Ditch Company conducts said emergency
work, it shall be reimbursed for the cost of said work from the party with re-
sponsibility for the affected portion of the Ditch. Under no circumstances shall
the Ditch Company be responsible or held liable for damages to the Installa-
tions resulting from maintenance or repair to the Ditch.
10. TERM. This Agreement, unless modified by Court order, shall be perpetual.
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11. LIABILITY AND INDEMNIFICATION.
11.1 By virtue of entering into this Agreement, the Ditch Company (1) assumes
no liability for use, operation or existence of the Installations; and (2) assumes
no additional responsibilities or obligations related to the Licensee's future or
additional activities in the area described in EXHIBIT B, which are required by
this Agreement.
11.2 The Licensee agrees to indemnify and hold harmless the Ditch Company
from all claims and liability for damage or injury to property or persons arising
or caused directly or indirectly by the Licensee's construction of the Installa-
tions and the Licensee's occupancy and use of the area located in EXHIBIT B.
11.3 The Licensee shall be responsible for calling the Utility Notifications
Center of Colorado (UNCC) for locates before construction and repair work is
done and shall hold the Ditch Company harmless for any damages and/or penal-
ties for failing to do so.
12. DEFAULT. Time is of the essence, and if any payment or any other condition,
obligation or duty is not timely made, tendered or performed by either Party, the non-
e,
defaulting Party shall have the right to an action for specific performance or damages
or both.
13. RECORDATION. This Agreement shall be recorded at the cost of the Licensee
and shall be binding on any successors of the Parties. The obligations and benefits of
this Agreement shall specifically run with the land described in EXHIBIT A. The
plans and specifications for the Installations attached as EXHIBIT C may not be
recorded because of their size. The Parties agree that the non-recordation of the plans
and specifications for the Installations shall neither affect the validity of this Agree-
ment nor the obligations or benefits contained in the Agreement.
14. NOTICES. Any notice required or permitted by this Agreement shall be in
writing and shall be deemed to have been sufficiently given for all purposes if sent by
certified or registered mail, postage and fees prepaid, addressed to the Party to whom
such notice is intended to be given at the address set forth below, or at such other
address as has been previously furnished in writing to the other Party or Parties. Such
notice shall be deemed to have been given when deposited in the U.S. Mail.
DITCH COMPANY: COPY TO:
80502-0978
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LICENSEE: COPY TO:
1. WAIVER OF BREACH. The waiver by any Party to this Agreement or a
breach of any term or provision of this Agreement shall not operate or be construed as
a waiver of any subsequent breach by any Party.
2. EXHIBITS. All exhibits referred to in this Agreement are, by reference,
incorporated into this Agreement for all purposes.
3. ATTORNEYS' FEES. If any Party breaches this Agreement, the non-
prevailing Party shall pay all of the prevailing Party's reasonable attorneys' fees and
costs in enforcing this Agreement through litigation, arbitration or mediation.
4. BINDING EFFECT. This Agreement shall inure to the benefit of, and be
binding upon, the Parties, and their respective legal representatives, successors, and
assigns.
5. ASSIGNMENT. This ,Agreement is assignable, pr
ovided g written notice is
given to the other party of the assignment. The Ditch Company must approve any
assignments from Licensee to a third party that does not have an ownership interest in
the property described in EXHIBIT A.
DATED:
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OLIGARCHY IRRIGATION DITCH COMPANY,
a mutual ditch company
By
ATTEST:
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me on this _ day of
, 2001 by
Witness my hand and official seal.
My commission expires:
Notary Public
H\42]0 0011ENG\CORRESPONDENCE\DITCH MODIFICATION AGREEMENT.DOC 11/06/02 9'.03 AM
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By
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this day of
, 2001,
Witness my hand and official seal.
My commission expires:
Notary Public
H:U210 001\ENG\CORRESPONDENCE\DITCH MODIFICATION AGREEMENT DOC 11106/02 9'.03 AM
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EXHIBIT A
OLIGARCHY IRRIGATION DITCH COMPANY
AGREEMENT TO MODIFY DITCH AND EASEMENT
ASSOCIATED WITH PROJECT LIFEBRIDGE
Legal description of Licensee's property.
H'.\42]0 001\ENG\CORRESPONDENCE\DITCH MODIFICATION AGREEMENT.DOC 11100/02 9'.03 AM
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EXHIBIT B
OLIGARCHY IRRIGATION DITCH COMPANY
AGREEMENT TO MODIFY DITCH AND EASEMENT
ASSOCIATED WITH PROJECT LIFEBRIDGE
List of crossings and legal descriptions of crossing locations.
1.
H 94270_001\ENG\CORRESPONDENCEIDITCH MODIFICATION AGREEMENT.DOC 11/06/02 9-.03 AM
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EXHIBIT C
OLIGARCHY IRRIGATION DITCH COMPANY
AGREEMENT TO MODIFY DITCH AND EASEMENT
ASSOCIATED WITH PROJECT LIFEBRIDGE
Plans and specifications.
e-.
H'.\6270 0011ENG\CORRESPONDENCE\DITCH MODIFICATION AGREEMENT.DOC 11/06/02 9.03 AM
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EXHIBIT D
WARRANTY DEED
Grantor, , whose address is
for the consideration of ten and #### DOLLARS, in hand paid, hereby sell(s) and convey(s) to
the Oligarchy Irrigation Ditch Company whose legal address is
c/o
the following real property in the County of Boulder and State of Colorado,to wit:
An easement described on the attached EXHIBIT D-1, for the installation, operation, mainte-
nance, repair and replacement of the Oligarchy Ditch. Any unpermitted improvements or
structures, including fences, berms, walls and trees, that interfere with the operation, mainte-
nance, repair and replacement are done so at the risk of the persons or entities placing the
unpermitted improvements or structures on the property described in EXHIBIT D-1. The
Grantee may demand the removal of such unpermitted improvements or remove the unpermitted
improvements at any time.
TOGETHER with all its appurtenances, and Grantor warrants the title to the same, subject to any
covenants, encumbrances, and restrictions of record.
DATED:
By
STATE OF COLORADO )
) ss
COUNTY OF )
The Foregoing instrument was subscribed and sworn to before me this day of
, by
Witness my hand and official seal.
My commission expires:
Notary Public
H:\0270 001\ENG\CORRESPONDENCE\DITCH MODIFICATION AGREEMENT.DOC 11/06/02 9:03 AM
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EXHIBIT D-1
Warranty Deed
Legal description of easement
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H:91270_001\ENG\CORRESPONDENCE\DITCH MODIFICATION AGREEMENT.DOC 11/06/02 9'.00 AM
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PROJECT LIFEBRIDGE PUD
CHANGE OF ZONE APPLICATION
SERVICE AGREEMENTS
Enclosed in this section are multiple agreements for the various types of utility service
presently proposed for the site. Some additional information is presented below regarding
the water service agreements.
There are multiple water service agreements provided because the site is within the service
territory of two different water districts. Two agreements are for the Long's Peak Water
District and one agreement is for the Left Hand Water District. Within the Long's Peak
District, one agreement is used if a development uses ditch water to irrigate landscaping, and
another agreement is used if ditch water is not used.
At this time, the Church is working with both water districts to find the best solution to
provide water to the site. Alternatives include one district providing service,both districts
providing service, and the impacts to each alternative by using of ditch water to irrigate
landscaping.
Therefore, since the manner of providing water service to the site is being worked out at this
time, the three possible water service agreements have been provided with this Change of
Zone application for the County to review.
H:W270_OOI\changeofzone\Water Service Narrative.doc
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Service Agreements
SUBDIVISION/MULTIPLE TAP PURCHASE AGREEMENT
(includes Line Participation)
1. PARTIES. The parties to this Agreement are the LEFT HAND WATER DISTRICT,a title 32 special district,
("District')and ("Applicant").
2. RECITALS AND PURPOSE. The Applicant is the owner of certain property to be developed,
as described herein. The District is a special district organized under Colorado law and which provides
treated water service to its customers for which monthly service charges are made. The Applicant desires
to purchase water tr.ps for the development project. The purpose of this Agreement is to set forth the
terms and condition concerning the District's supplying such domestic water service to the proposed
project. Accordingly, the parties agree to the following provisions in consideration of the mutual
covenants set forth herein:
3. TERM OF AGREEMENT. In the event that the Applicant fails to obtain all applicable and
required land use approvals of the Project within 180 days of execution of the Subdivision Agreement,
the Agreement shall expire and all obligations herein including, without limitation, the District's
commitment to sell such single family equivalencies as indicated in the Agreement shall automatically
terminate.
4. LEGAL DESCRIPTION OF PROJECT. For purposes of this Agreement,the term"project"
shall mean the property described on Exhibit A which is attached and incorporated herein, and which is
known as the_ Subdivision. The Applicant agrees
to famish a reproducible copy of the preliminary plat to the District and said plat is expressly
incorporated in this. Agreement. Any change or alteration in the area, size, shape, density, usages,
requirements,tap equivalents needed,or timing of development of the subdivision which may affect the
number of tap equivalents required for the project or the method or manner of the provision of water to
or within the project shall first require the written approval of the District
5. TAPS NEEDED FOR PROJECT COMPLETION. For purposes of this Agreement,the term
"tap"shall mean that size of a connection to one of the District's treated water distribution lines and
which is utilized and designed for a single family or its equivalency pursuant to the District's rules and
regulations. The total number of single family equivalency("SFE")taps required for the project will be
Of that total number,Applicant hereby requests and agrees to purchase,and District commits to
sell to Applicant,__SFE taps pursuant to this Agreement,and any additional SFE taps needed for the
project, if any, will be subject to further written agreements; provided, however, that nothing in this
Agreement shall be construed as an obligation by the District to reserve the remaining balance ofthe total
number of needed taps for the benefit of the Applicant.
6. TAP PURCHASE. Within 10 days of final plat approval,the Applicant will tender to the District
a check in the amount of $ representing pre-payment of 40% of the current
plant investment fee component of the total SFE tap fee charged by the District for SFE taps,
with a deferral of the other components of the tap fees,including transfer of the raw water units required
by this Agreement, until anticipated activation of the tap. In addition,to such pre-payment.Applicant
shall pay a line participation fee for each such tap as set forth in paragraph 8 herein.
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61 Applicant agrees to complete the purchase of the —committed taps by payment of the
remain ig components of the then applicable tap fee,excluding the raw water component,
in actor dance with the following schedule,provided that any taps purchased in full in any
given year in excess of the minimum specified below shall be credited to the following
year's minimum:
taps in year I
taps in year 2
taps in year 3
taps in year 4
taps in year 5
6.2 In the event that the Applicant fails to complete the purchase of the minimum number of
taps in each year specified above, or fails to complete the purchase of all—taps within
5 years ofpayrnent offees in accordance with¶6., the District shall retain the 40%deposit
and the raw water shares/units transferred hereunder as liquidated damages and the
obligat.on of the District to provide further taps shall be terminated. The undersigned
acknowledges that by extending this Agreement,the District has agreed to commit a definite
portion of the total capacity of its system to.the Applicant and therefore must look to the
Applicant for performance of its obligations to purchase the committed taps in order for the
District to meet its financial obligations.
6.3 In the event of an intended increase in the tap fee charges (excluding the raw water
component)District agrees to give notice of the proposed increase to the Applicant at least
30 days in advance of the effective date of such increase.
6.4 Upon completion of the improvements,the Applicant shall give District 90 days advance
notice of its intention to physically connect the development to the District's lines and
facilities to effectuate the raw water transfers. Applicant shall,before any such connection
is made:,transfer the raw water and pay the balance of any amounts due and owing for such
tap fees,including without limitation, the raw water component(if water is not transferred
to District) and other components of the tap fee, in accordance with the District's then
applicable fee schedule.
7. RAW WATIR TRANSFER.
7.1 As a condition of activation of the purchased taps, Applicant shall transfer 1.325 units of
Colorado-Big Thompson Project water, administered by the Northern Colorado Water
Conservancy District,for each tap purchased. The cash value of any excess units transferred to
meet this requirement shall be applied or credited to the balance of the remaining tap fees due and
owing. The:raw water to be transferred shall consist of CBT units as may be adjusted
pursuant to District regulations. In the event that raw water is not transferred to the District upon
execution of this Agreement,Applicant must obtain said units and effectuate the transfer of the
2
raw water prior to activation of the taps. In the event that Applicant can not obtain the required
raw water on the open market,the Applicant may,at the discretion of the District's Board and for
good cause shown,make a cash payment in lieu of the transfer of raw water,in such an amount
as the District may determine to be necessary to obtain raw water including administrative costs,
transfer fees and other related costs, or in accordance with its then existing policies, rules and
regulations.
7.2 Applicant shall give District 90 days advance notice of its intention to physically connect
such taps to the District's lines and facilities to provide the District with sufficient time to
effectuate tha raw water transfers,if needed. Applicant shall,before any such connection is made,
transfer the raw water and pay the balance of any amounts due and owing for such tap fees,
including without limitation,the fee in lieu of raw water component(if water is not transferred
to District) :md all other components of the tap fee, in accordance with the District's then
applicable fce schedule.
7.3 The failure of Applicant to complete the raw water transfer,or to pay the cash amount in lieu
thereof as set forth in paragraphs 7.1 and 7.2,or to pay the remaining components of the tap fees
for the total number of taps specified in paragraph 5, on or before the fifth anniversary of the
initial payment to the District of the plant investment fee component of the tap fee, shall
constitute a default. Upon such default any sums paid hereunder by Applicant shall be retained
by District as liquidated damages for such default. It is understood and agreed by Applicant that
the purpose of this requirement for completion of the purchase of all taps within a five year period
is based ups a the financial requirements of the District to find capital construction needs. The
District,by his Agreement has committed a definite portion of the total capacity of its system
to the Applicant and,therefore,must look to the Applicant for performance of its obligation in
order that the District may meet its capital construction and operating expenses. If there is a
default by Applicant,District may recommit such taps to other applicants without further notice
to Applicant.
8. PAYMENT OF LINE PARTICIPATION FEE. Within 10 days of final plat approval,and
in conjunction with the pre-payment of the taps, Applicant shall tender to the District a check in the
amount of S representing 100%of the line participation fee of$ per
tap for the reirnburs inent to the District and/or third patty or parties which paid for the construction costs
of the main line(s) nxtension(s)which will service the project.
9. DESIGN SPECIFICATIONS. It is agreed,as a condition precedent to service,that all water lines
and appurtenant facilities required to provide water service within the boundaries of Applicants project
as described on Exhibit A and all necessary transmission lines,connecting lines and appurtenant facilities
necessary to connect with the lines of the District as presently engineered and installed,shall be installed
at Applicant's sole Lost and expense and shall be in accordance with design and specifications as fixed
by the District. Applicant agrees that the actual installation and construction shall be subject to the
general,as opposes.to specific,supervision o± and inspection by,the District and all related costs of the
District's engineering study,review,approval and inspection(including the District's cost and expenses
of obtaining necessary easements if public rights-of-way are not available or if available,not feasible to
utilize)shall be at the cost of Applicant. Fire Hydrants: Applicant agrees to pay a Fire Hydrant Fund
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Fee,at the current rate of S per fire hydrant as shown on the approved Plans. A total of
hydrants will be installed for a total Fund Fee of$ .Applicant further agrees to give the
District,through the District's Engineer,adequate notice,prior to commencement of construction,of the
date when such construction shall begin.
10. EASEMENTS. Applicant shall furnish,at Applicant's expense,all easements,rights-of-way,and
consents both within the project(if public utility easements are not dedicated by the plat)and without
the project, if required. Such easements, rights-of-way and consent shall be provided prior to
commencement of constriction.Those easements lying outside of the project and which may be required
for the construction of ary portion of the water lines and appurtenant facilities which may be needed to
service the project (exc:uding public rights of way), and as determined by the District in its sole
discretion, shall be obtained by District but at Applicant's expense. All such costs and expenses of
easement acquisition shall be paid by Applicant to District as a condition precedent to service to the
project.
11. WATER SERVICE.
11.1 The Apr licant acknowledges that District is responsible only for making domestic water
available to the :project's individual taps at such pressure as may be available at the point of
delivery as a result of the Districts normal operation of its water system. The District may
temporarily disconnect the flow of water in the main or at the individual points of delivery in
order to repair, maintain, test, improve, or replace the main or other portions of the District's
water distributio.a, storage and or supply system.
11.2 Applicant covenants and agrees that it will not make any warranties or representations
to any home builder,contractor,developer,landscaping contractor,home owner,lessee,tenant,
property owner,or any other person or entity,regarding the District's water system's capabilities,
pressure,or flows.
11.3 Sale of Lines. Upon completion,approval and acceptance of the work by the District
through the issuance of the District's certificate of acceptance,this Agreement shall operate as a
sale, conveyance, transfer and assignment by the Applicant of all Applicant's interest and
ownership in sad lines to the District, free and clear of all liens and encumbrances, and shall
warrant that the work has been done in accordance with the laws of the State of Colorado, and
all other governmental subdivisions, agencies and units and in accordance with the design
standards and requirements of the District Applicant shall guarantee the lines as installed against
faulty workmanship and materials to the District for a period of two years from conveyance and
shall,during said period,pay all cost and expense of repair or replacement of said lines and,at
the request of the District, furnish a bond guaranteeing said repair and replacement Upon
completion,approval,acceptance,conveyance and transfer of lines and facilities to the District,
the District shall assume all responsibility thereafter,and all cost and expense for operation and
maintenance except as to the above two-year guarantee.Completion of construction,inspection,
approval and acceptance by the District,transfer of lines and facilities to the District,payment of
all construction costs and expenses required to be done and paid by the Applicant are conditions
precedent to the obligation of the District to furnish and provide water service to the project.
G•VICOPaTTOIM ANOPL FOAM(a,IeNw CU"T P)T,ntAOC
r
4
12. OVERSIZE LINES. In the event Applicant shall be required to pay for installation of
transmission and connecting lines outside the boundaries of Applicant's subdivision,and District requires
that such lines and facilities be oversized to permit the use of those lines by the District to serve
additional lands and property in addition to the property of the Applicant,District agrees to establish the
cost of such over sizing and to reduce this cost to a"cost per tap" based upon the engineered capacity of
the lines and the system which such over sizing can serve. District and Applicant shall enter into a Line
Reimbursement Agreement which shall provide,as a minimum,that the District will imposerchrg
e
upon future users of the oversized line, said surcharge to be calculated on a per tap basisutilizing
District's engineering estimate as to the line's total capacity.During a period of seven years from and
after the date of the Line Participation Agreement,but not thereafter,the District will collect and pay to
Applicant the collected line surcharges to reimburse Applicant for its additional costs in paying for the
over sizing of the li ie.
13. DISTRICT REGULATIONS. All service provided under this Agreement shall be subject to
the monthly service charges and all bylaws,rules and regulations of the District which may be in force
from time to time.
14. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary
notwithstanding,the obligation of the District to furnish water service under this Agreement,is limited
by,and subject to all orders,requirements and limitations which may be imposed by federal,state,county
or any governmental or regulatory body or agency having jurisdiction and control over the District and/or
the operation of its domestic water system and treatment facilities.
15. DOCUMENTS TO BE FURNISHED. Upon execution of this Agreement,or at such time or
times as may be requested by District,Applicant agrees to furnish District the following:
.15.1 A topographical survey of the property described in this Agreement;and
15.2 Final Subdivision plat approved by appropriate regulatory boards, commissions, or
agencies,tc gether with requirements and conditions fixed by such entities for development and
evidence of the Applicant's compliance or plan for compliance; and
153 In the event the initial area to be served under this Agreement is not the entire project to
be developed by Applicant and the remainder is being planned as a phased development,
Applicant shall furnish sketch plans,preliminary plats and/or plans as developed by the Applicant
with reference to the future total development of the entire property.It is understood and agreed
that a request for information as to future plans and developments of the Applicant (and the
consideration of such plans by the District in connection with its obligation to service Applicant's
above-described land under this Agreement) shall in not be construed as an agreement or
obligation of District to serve such other lands, additional lands, or areas proposed y
the
Applicant for such future development beyond that provided in existing written commitments.
All information required to be furnished to District by Applicant shall be provided at Applicants
expense.
CWOCCMITBMNITtlOIO Ivy ICOMINW SUB+TM 011901.000
5
15.4 Recorded plats and drawings of the development,including a mylar map and AutoCAD
diskette files certified by Applicants engineer depicting all lines, valves, fittings and
appurtenances as ;oonducted,installed,and transferred pursuant to Paragraph 8 above.
16. DELAYS. Any c.elays in,or failure of,performance by any party of his or its obligations under
this Agreement shall be excused if such delays or failure are a result of acts of God and nature, fires,
floods,strikes,labor dispites,accidents,regulations or orders of civil or military authorities,restrictions
or limitations contained i n any initiative approved by the voters, shortages of labor materials, or other
causes, similar or dissimilar,which are beyond the control of such party, including any governmental
orders,directives,requirements or limitations described above.
17. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for or convenience
and reference, and are not intended in any way to define, limit, or describe the scope intent of the
Agreement.
18. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional
documents and to take any additional action necessary to catty out this Agreement.
19. INTEGRATION AND AMENDMENT;PRIOR AGREEMENTS. This Agreement reptcseuts
the entire agreement between the parties and there are no oral or collateral agreements or understandings.
This Agreement may be amended only by an instrument in writing signed by the parties. The Applicant
shall reimburse the District for any expenses incurred by the District in connection with any amendment
of this Agreement requested by the Applicant. If any provision of this Agreement is held invalid or
unenforceable,no other provision shall be affected by such holding,and all of the remaining provisions
r of this Agreement shall :ontinnue in full force and effect
20. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under
or related to this Agreement,the parties shall use their best efforts to settle such dispute or claim through
good faith negotiations with each other. If such dispute or claim is not settled though negotiations within
30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt
to resolve such dispute or claim through negotiations,then the parties agree to attempt in good faith to
settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group
(JAG)of Denver, Colorado or,if JAG is no longer in existence,or if the parties agree otherwise,then
under the auspices of a recognized established mediation service within the State of Colorado. Such
mediation shall be conducted within 60 days following either party's written request therefor. If such
dispute or claim is not settled through mediation, then either party may initiate a civil action in the
District Court for Boulder County.
21. ASSIGNMENT. If Applicant is not in default hereunder,Applicant may assign this Agreement
without the prior consent of the District,provided said assignment is in writing and further provided
the assignment is made in conjunction with a transfer of all or substantially all of the propertydescribed
herein. No assignment:;hall,however,be effective upon the District unless and until the District receives
written notice or copy of the assignment.
22. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the
parties,and their respective legal representative,successors,and assigns;provided,however,that nothing
an,in_OtSTSApW,Yi0110 Foal coeda SUS a TA%a,WIA0i:
6
in this paragraph shell be construed to permit the assignment of the Agreement except as otherwise
specifically authorized herein.
DATED:
LEFT HAND WATER DISTRICT
By:
President
Box 210
Niwot,Colorado 80544
ATTEST:
Secretary
STATE OF COLORADO )
) ss
COUNTY OF BOULDER)
The foregoing instn.anent was acknowledged before me this day of ,20 ,
by as President and as
Secretary of the Lef:Hand Water District.
Witness my hand and official seal.
My commission expires:_
Notary Public
G'WI00wsmmle1TTNPG RPM(xINEDalb£ i go 1.000
/"�
7
a ran 000 o u4,64A a.ezc awn waver utscrict ipfuue
Applicant
By:
STATE OF COLORADO )
ss.
COUNTY OF BOULDER)
The foregoing instrument was acknowledged before me this day of 20—,
by
Witness my band and official seal.
My commission expires:
Notary Public
emwswagesememoRmapwammmalmnftwom
•
.lommi LEFT HAND WATER DISTRICT
MEMORANDUM
TO: LifeBridge Christian Church
10345 Ute Highway
Longmont, CO 80504
FROM: Kathryn A. Peterson
DATE: June 4, 2001
RE: Tap Request #2108 Request Date: 5/23/01 For: 3" tap
Engineering evaluation:
A review of the above referenced tap request has shown that the portion of
this property that is within LHWD could be served from a tap on the 16" main
along Hwy 119. From the information provided, it would appear a 3" meter
will be required. Actual desired size must be confirmed by you and/or your
architect as soon as this is known.
There are currently 5 tap equivalents committed to the property through payment
of the plant investment fee portion of total tap fees. A 3" tap would require a
)tal of 16 tap equivalents : .The water and reserve requirements for all 16 tap
equivalents (21. 2 C-BT units) will' be due, in addition to all other fees at then
current rates, upon Board approval.
If you are interested in purchasing a water tap and receiving a tap commitment,
return this letter to us indicating the date on which you wish to have your tap
request presented to the Board of the District for final approval . Board meetings
are held the Thursday following the second Tuesday of each month. Your attendance
is not required, however, this form must be received at our office by the Monday
preceding Thursday' s Board meeting. Date you would like your request presented
to the Board:
Your signature:
We will notify you once your request for a tap commitment has been approved by the
Board and you will have 60 days to pay all components of the tap fee . You are
under__no obligation to purchase a tap at this time and the above conditions to
serve do not constitute a commitment on the part of the District to serve, until
all conditions for service have been met.
A copy of the current tap fee is- enclosed for your information. Please note that
these fees are sub1ect to change at the discretion of the Board, without advance
notice. The fee paid will then be the current tap fee at. the time of payment _,
se will consider your request withdrawn; unless we hear from you within 60 days.
ture requests for service may require a new application and/or fees .
P.O. Box 210 •Niwot CO. 80544•(303) 530-4200 • Fax (303) 530-5252
EXHIBIT C
WATER TAP PURCHASE AGREEMENT
I. PARTIES.The parties to this Agreement are the LONGS PEAK WATER DISTRICT, a title
32 special district, ("District") and ("Applicant").
2. RECITALS AND PURPOSE. The parties have currently negotiated a Subdivision Service
Agreement which defines the terms under which the District will provide of service to the development.
Applicant desires to purchase water taps for the development project pursuant to said Agreement. The
purpose of this Water Tap Purchase Agreement is to set forth the terms and conditions concerning the
District's supplying such domestic water service to the proposed project. Accordingly, the parties agree
to the following provisions in consideration of the mutual covenants set forth herein.
3. LEGAL DESCRIPTION OF PROJECT. For purposes of this Agreement, the term "Project"
shall mean the property which is known as the
The Applicant agrees to furnish a reproducible copy of the preliminary plat to the District and said plat
is expressly incorporated in this Agreement. Any change or alteration in the area, size, shape, density,
usages, requirements, tap equivalents needed, or timing of development of the subdivision which may
affect the number of tap equivalents required for the project or the method or manner of the provision
of water to or within the project shall first require the written approval of the District.
4. TAPS NEEDED FOR PROJECT COMPLETION. For purposes of this Agreement,the term
"tap" shall mean that size of a connection to one of the District's treated water distribution lines and
which is utilized and designed for a single family or its equivalency pursuant to the District's Bylaws,
^ Policies and Regulations. The total number of single-family residential lot equivalent ("RLE") taps for
the project will be . Applicant requests and agrees to purchase, and District commits to sell
RLE taps pursuant to this Agreement.
5. TAP PURCHASE. Within 10 days of final plat approval, the Applicant shall tender to the
District a check in the amount of$ (current cost of LTWD capacity purchase) representing
pre-payment of the then current LTWD capacity purchase portion of the total tap fee charged by the
District for taps,together with additional fees as more fully set forth below, with a deferral of the
other components of the tap fees, including transfer of the raw water units required by this Agreement,
until anticipated activation of the taps.
5.1 Applicant agrees to complete the purchase of the committed taps by payment of
the remaining components of the then applicable tap fee, excluding the raw water component,
in accordance with the following schedule, provided that any taps purchased in full in any given
year in excess of the minimum specified below shall be credited to the following year's minimum:
taps in year 1 (Calendar Year 2�)
taps in year 2 (Calendar Year 200)
taps in year 3 (Calendar Year 200 )
taps in year 4 (Calendar Year 200 )
taps in year 5 (Calendar Year 200)
-1-
5.2 In the event that the Applicant fails to complete the purchase of the minimum number of taps
in each year specified above, or fails to complete the purchase of all taps by December
31, 200_, the District shall retain the $ deposit (or the then current LTWD capacity
purchase amount), and the raw water units transferred to the District as of the date of the
default, as liquidated damages and the obligation of the District to provide further taps shall be
terminated. The undersigned acknowledges that by extending this Agreement, the District has
agreed to commit a definite portion of the total capacity of its system to the Applicant and
therefore must look to the Applicant for performance of its obligations to purchase the
committed taps in order for the District to meet its financial obligations.
5.3 In the event of an increase in the LTWD capacity purchase portion of the tap fee charges,
District agrees to give notice of the increase to the Applicant within 30 days of the District
receiving such information.
5.4 Applicant shall, before any such connection is made, transfer the raw water and pay the
balance of any amounts due and owing for such tap fees, including without limitation, the raw
water component (if water is not transferred to District) and other components of the tap fee,
in accordance with the District's then applicable fee schedule.
6. RAW WATER TRANSFER
6.1 As a condition of activation of the purchased taps, Applicant shall transfer units
(rounded to the next highest full unit) of Colorado-Big Thompson Project ("C-BT") water,
administered by the Northern Colorado Water Conservancy District, for each tap purchased.
The District may consider the cash value of any excess units transferred to meet this requirement
and may apply or credit to the balance of the remaining tap fees due and owing. The raw water
to be transferred shall consist of a total of (a/f) C-BT units. In the event that raw water
is not transferred to the District upon execution of this Agreement, Applicant must obtain said
units and effectuate the transfer of the raw water prior to activation of taps in excess of the
number for which the raw water has been provided. In the event that Applicant can not obtain
the required raw water on the open market,the Applicant may, at the discretion of the District's
Board and for good cause shown, make a cash payment in lieu of the transfer of raw water, in
such an amount as the District may determine to be necessary to obtain raw water including
administrative costs,transfer fees and other related costs, or in accordance with its then existing
Bylaws, Policies and Regulations.
6.2 Applicant shall give District 90 days advance notice of its intention to activate such taps
connected to the District's lines and facilities to provide the District with sufficient time to
effectuate the raw water transfers, if needed. Applicant shall, before any such connection is
made, transfer the raw water and pay the balance of any amounts due and owing for such tap
fees, including without limitation, the fee in lieu of raw water component (if water is not
transferred to District)and all other components of the tap fee, in accordance with the District's
then applicable fee schedule.
-2-
6.3 The failure of Applicant to complete the raw water transfer, or to pay the cash amount in lieu
thereof as set forth in paragraphs 6.1 and 6.2, or to pay the remaining components of the tap fees
for the total number of taps specified in paragraph 4, on or before the fifth anniversary of the
initial payment to the District of the capacity purchase component of the tap fee, shall constitute
a default. Upon such default any sums paid hereunder by Applicant shall be retained by District
as liquidated damages for such default. It is understood and agreed by Applicant that the
purpose of this requirement for completion of the purchase of all taps within a five year period
is based upon the financial requirements of the District to fund its capital construction needs.
The District, by this Agreement, has committed a definite portion of the total capacity of its
system to the Applicant and, therefore, must look to the Applicant for performance of its
obligations in order that the District may meet its capital construction and operating expenses.
If there is a default by Applicant, District may recommit such taps to other applicants without
further notice to Applicant.
7. DISTRICT REGULATIONS. All service provided under this Agreement shall be subject to
the monthly service charges and all Bylaws, Policies and Regulations of the District which may be in
force from time to time.
8. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary
notwithstanding,the obligation of the District to furnish water service under this Agreement, is limited
by, and subject to all orders, requirements and limitations which may be imposed by federal, state, county
or any governmental or regulatory body or agency having jurisdiction and control over the District
and/or the operation of its domestic water system and treatment facilities.
9. DOCUMENTS TO FURNISHED. Upon execution of this Agreement, or at such time or times
as may be requested by District, Applicant agrees to furnish District the following:
9.1 A topographical survey of the property described in this Agreement; and
9.2 Final Subdivision plat approved by appropriate regulatory boards, commissions, or agencies,
together with requirements and conditions fixed by such entities for development and evidence
of the Applicant's compliance or plan for compliance; and
9.3 In the event the initial area to be served under this Agreement is not the entire project to be
developed by Applicant and the remainder is being planned as a phased development, Applicant
shall furnish sketch plans, preliminary plats and/or plans as developed by the Applicant with
reference to the future total development of the entire property. It is understood and agreed that
a request for information as to future plans and developments of the Applicant (and the
consideration of such plans by the District in connection with its obligation to service Applicant's
above-described land under this Agreement) shall in not be construed as an agreement or
obligation of District to serve such other lands, additional lands, or areas proposed by the
Applicant for such future development beyond that provided in existing written commitments.
All information required to be furnished to District by Applicant shall be provided at Applicant's
expense.
9.4 Recorded plats and drawings of the development, including a mylar map and AutoCAD
diskette files certified by Applicant's engineer depicting all lines, valves, fittings and
appurtenances as constructed, installed, and transferred pursuant tp Paragraph 7 above.
-3-
10. DELAYS.Any delays in, or failure of, performance by any party of his or its obligations under
this Agreement shall be excused if such delays or failure are a result of acts of God and nature, fires,
floods, strikes, labor disputes,accidents,regulations or orders of civil or military authorities, restrictions
r or limitations contained in any initiative approved by the voters, shortages of labor materials, or other
causes, similar or dissimilar, which are beyond the control of such party, including any governmental
orders, directives, requirements or limitations described above.
11. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience
and reference, and are not intended in any way to define, limit, or describe the scope or intent of the
Agreement.
12. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional
documents and to take any additional action necessary to carry out this Agreement.
13. INTEGRATION AND AMENDMENT; PRIOR AGREEMENTS. This Agreement
represents the entire agreement between the parties and there are no oral or collateral agreements or
understandings. This Agreement may be amended only by an instrument in writing signed by the parties.
The Applicant shall reimburse the District for any expenses incurred by the District in connection with
any amendment of this Agreement requested by the Applicant. If any provision of this Agreement is held
invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining
provisions of this Agreement shall continue in full force and effect.
14. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising
under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim
through good faith negotiations with each other. If such dispute or claim is not settled through
negotiations within 30 days after the earliest date on which one party notifies the other party in writing
of its desire to attempt to resolve such dispute or claim through negotiations, then the parties agree to
attempt in good faith to settle such dispute or claim by mediation conducted under auspices of the
Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or the parties
agree otherwise, then under the auspices of a recognized established mediation service within the State
of Colorado. Such mediation shall be conducted within 60 days following either party's written request
therefor. If such dispute or claim is not settled through mediation, then either party may initiate a civil
action in the District Court for Boulder County.
15. ASSIGNMENT. If Applicant is not in default hereunder, Applicant may assign this Agreement
without the prior consent of the District, provided said assignment is in writing and further provided that
the assignment is made in conjunction with a transfer of all or substantially all of the property described
herein. No assignment shall, however, be effective upon the District unless and until the District receives
written notice or copy of the assignment.
16. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the
parties, and their respective legal representative, successors, and assigns; provided, however, that
nothing in this paragraph shall be construed to permit the assignment of the Agreement except as
otherwise specifically authorized herein.
DATED: , 2001
-4-
LONGS PEAK WATER DISTRICT
i-. By:
Dean Olander, President
9875 Vermillion Road
Longmont, CO 80504
ATTEST:
Secretary
STATE OF COLORADO)
) ss
COUNTY OF BOULDER)
The foregoing instrument was acknowledged before me this day of ,20_, by
as President and as Secretary
of the Longs Peak Water District.
Witness my hand and official seal
My commission expires:
Notary Public
By:
STATE OF COLORADO)
) ss
COUNTY OF BOULDER)
The foregoing instrument was acknowledged before me this day of ,20_, by
Witness my hand and official seal.
My commission expires:
Notary Public
-5-
r
SUBDIVISION SERVICE AGREEMENT
(Dual System)
r
1. PARTIES. The parties to this Agreement are the LONGS PEAK WATER DISTRICT
(District) and
2. RECITALS AND PURPOSE. The Applicant is the owner of certain property described
on the attached EXHIBIT A, which the Applicant seeks to develop and which is referred to as the
. The District is a special district organized under
Colorado law which provides potable water service to its customers for which monthly service
charges are made. The Applicant desires that the District commit to provide potable water service
within the boundaries of the Subdivision. Applicant proposes to construct a "dual system" which will
result in the Applicant's construction of a separate irrigation system for the Subdivision's irrigation
needs. A copy of the Section 14 of the District's Bylaws, Policies and Regulations governing "dual
systems" is attached to this Agreement as EXHIBIT B and is, by this reference, incorporated as a
part of this Agreement. The purpose of this Agreement is to set forth the terms and conditions
concerning the District's supplying such domestic potable water service to the Subdivision.
Accordingly, the parties agree to the following provisions in consideration of the mutual covenants
set forth herein.
3. LEGAL DESCRIPTION OF SUBDIVISION. The Applicant agrees to furnish a
reproducible copy of the preliminary plat of the Subdivision to the District and said plat is expressly
incorporated by reference into this Agreement. Any change or alteration in the area, size, shape,
density, usages, requirements, tap equivalents needed, or timing of development of the Subdivision
which may affect the number of tap equivalents required for the Subdivision or the method or manner
of the provision of water to or within the Subdivision shall first require the written approval of the
District.
4. DEFINITIONS. For purposes of this Agreement, the following words and terms shall have
the meanings as set forth below:
4.1. "Irrigation" shall mean any exterior usage of water for purposes which normally do
not require potable water, and shall include, but not be limited to, such functions as irrigating
grass, flowers, trees and other vegetation used in the Subdivision.
4.2 "Potable Water" shall mean the water provided by the District through the District's
distribution system.
-1-
4.3 "Domestic Purposes" shall mean those usages which normally require potable treated
water, and shall include, but not be limited to, such functions as drinking, cooking, bathing,
.-� watering of indoor household plants, etc.
4.4 "Homeowners' Association" shall mean a corporation, association, limited liability
company or such other legal entity as may be permitted under the laws of the state of
Colorado, the membership, shareholders, or owners of which shall consist solely of
landowners within the Subdivision, and which shall be legally responsible (as stated in its
articles of incorporation, charter, statement of organization or purpose)for the maintenance
and operation of the irrigation system within the Subdivision.
4.5 "Tap" shall mean a physical connection to the District's potable water system which
is that size which the District has determined in its Rules and Regulations to be utilized and
designed for use by a single family equivalent(SFE).
5. IRRIGATION SYSTEM. As an inducement for District to enter into this Agreement,
Applicant warrants and represents to District, that :
5.1 Applicant has obtained the professional opinion of an experienced consultant, a copy
of which has been provided to the District that indicates that Applicant has obtained legal
ownership of, or the legal right to utilize water rights sufficient for all of the irrigation needs
of the Subdivision, including dry years, and that such water rights are either adjudicated for
use within the Subdivision or legally capable,under applicable water laws and regulations, for
the irrigation purposes required of the Subdivision and as may be stated in this Agreement,
and that such water rights or consents shall be assigned, transferred or conveyed to the
District.
5.2 On or before activation of the first tap into the District's potable water system,
Applicant will have established a separate legal entity, or homeowners' association, with
perpetual existence, and to which Applicant shall assign all of its rights and delegate all of its
responsibilities and obligations to operate and maintain an irrigation system for the
Subdivision as set forth in this Agreement.
5.3 Applicant shall take reasonable measures and precautions to disseminate information
to all purchasers of taps and/or homes within the Subdivision to explain the dual system of
potable and irrigation water, the precautions which must be taken to preclude cross
connections,the reliance on irrigation water, and the limitations on the use of potable water
within the Subdivision, for non-domestic purposes, and the District's rate structure for dual
system projects described below which structure discourages large usages of potable water.
6. ON-SITE DESIGN SPECIFICATIONS. The Applicant agrees, as conditions precedent
to potable water service being provided to the Subdivision by the District that:
-2-
6.1 Potable Water Lines. District Bylaws,Policies and Regulations-specifically Section
8 (Main Line Extension Policies), and Section 6(District Specifications) shall regulate design,
construction and installation of all potable water lines and appurtenant facilities required to
provide potable water service within the boundaries of the Subdivision, and shall be installed
at Applicant's sole cost and expense including appropriate back flow devices which shall be
installed in the water meter pit. District shall be provided with an "as built" drawing of the
installed potable water system.
6.2 Irrigation Water Lines. All irrigation water lines and appurtenant facilities required
to provide irrigation service within the boundaries of the Subdivision shall be installed at
Applicant's sole cost and expense and shall be in accordance with design and specifications
prepared and certified by a registered professional engineer within the State of Colorado.
Such design shall include, as a minimum, the requirement that all irrigation lines shall be
color-coded utilizing the industry standard color of purple. Applicant agrees that the actual
installation and construction of on-site irrigation water lines shall be subject to inspection by
the District to verify that there are no cross connections or potential for unintended cross
connections. All related costs of the District's engineering study, review, and inspection shall
be at the cost of Applicant.
7. INTERNAL EASEMENTS. Applicant shall fiunish, at Applicant's expense, all easements,
rights-of-way, and consents within the Subdivision(if public utility easements are not dedicated by
the plat)and which may be required for the construction and maintenance of any portion of the water
lines and appurtenant facilities which may be needed to service the Subdivision. Such easements,
rights-of-way and consents shall be provided prior to commencement of construction.
8. WATER SERVICE. The parties shall execute a Water Tap Purchase Agreement for
taps, substantially in the form which is attached as EXHIBIT C. Said Agreement shall be executed
within 10 days after approval of the final plat of the Subdivision by the Board of County
Commissioners of Weld County. In addition, in order to obtain potable water service for the
Subdivision, applicant agrees that it will construct all main line extension(s) necessary to receive
service to the development. The terms and conditions of such agreement are set forth in that certain
Line Extension,Reimbursement and Participation Fee Agreement attached as EXHIBIT D. Service
to the subdivision shall be in accordance with District Bylaws, Policies and Regulations, .
9. DESIGN, CONSTRUCTION, INSPECTION, APPROVAL, SALE AND
CONVEYANCE OF ON-SITE LINES AND FACILITIES shall be completed in accordance with
District Bylaws,Policies and Regulations. Applicant shall guarantee the lines and facilities as installed
against faulty workmanship and materials to the District for a period of one year from conveyance
and shall, during said period, pay all cost and expense of repair or replacement of said lines and, at
the request of the District, furnish a bond guaranteeing said repair and replacement.
10. FIRE HYDRANTS. Applicant agrees to pay a Fire Hydrant Fee, at the current rate of
$2,000 per fire hydrant as shown on the approved plans. A total of hydrants will be
installed for a total fee of$ . Applicant further agrees to give the District, through the
District's Engineer, adequate notice, prior to commencement of construction, of the date when such
construction shall begin.
-3-
11. DISTRICT REGULATIONS. All service provided under this agreement shall be subject
to the monthly service charges and all District Bylaws, Policies and Regulations.
12. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary
notwithstanding, the obligation of the District to furnish potable water service under this Agreement,
is limited by, and subject to all orders, requirements and limitations which may be imposed by federal,
state, county or any governmental or regulatory body or agency having jurisdiction and control over
the District and/or the operation of its domestic water system and treatment facilities.
13. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations
under this Agreement shall be excused if such delays or failure are a result of acts of God and nature,
fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities,
restrictions or limitations contained in any initiative approved by the voters, shortages of labor
materials, or other causes, similar or dissimilar,which are beyond the control of such party, including
any governmental orders, directives, requirements or limitations described above.
14. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for
convenience and reference, and are not intended in any way to define, limit, or describe the scope or
intent of the Agreement.
15. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional
documents and to take any additional action necessary to carry out his Agreement.
16. INTEGRATION AND AMENDMENT; PRIOR AGREEMENTS. This Agreement
represents the entire agreement between the parties and except for the agreements attached hereto
as exhibits,there are no other oral or collateral agreements or understandings. This Agreement may
be amended only by an instrument in writing signed by the parties. The Applicant shall reimburse the
District for any expenses incurred by the District in connection with any amendment of this
Agreement requested by the Applicant. If any provision of this Agreement is held invalid or
unenforceable, no other provision shall be affected by such holding, and all of the remaining
provisions of this Agreement shall continue in full force and effect. Except as provided herein, all
prior agreements and contracts between the parties and regarding the sale and purchase of taps are
hereby rescinded.
17. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising
under or related to this Agreement, the parties shall use their best efforts to settle such dispute or
claim through good faith negotiations with each other. If such dispute or claim is not settled through
negotiations within 30 days after the earliest date on which one party notifies the other party in
writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties
agree to attempt in good faith to settle such dispute or claim by mediation conducted under the
auspices of the Judicial Arbiter Group(JAG)of Denver, Colorado or, if JAG is no linger in existence,
or if the parties agree otherwise, then under the auspices of a recognized established mediation service
within the State of Colorado. Such mediation shall be conducted within 60 days following either
party's written request therefor. If such dispute or claim is not settled through mediation, then either
party may initiate a civil action in the District Court for Boulder County. In any legal proceeding,
other than mediation, the prevailing party shall be entitled to recover his or its reasonable attorneys'
fees and litigation costs from the other party at the discretion of the arbitrator or court.
-4-
18. ASSIGNMENT. If Applicant is not in default hereunder, Applicant may assign this
Agreement without the prior consent of the District, provided said assignment is in writing and
further provided that the assignment is made in conjunction with a transfer of all or substantially all
of the property described herein. No assignment shall, however, be effective upon the District unless
and until the District receives written notice or copy of the assignment.
19. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon the
parties, and their respective legal representative, succossors, and assigns; provided, however, that
nothing in this paragraph shall be construed to permit the assignment of the Agreement except as
otherwise specifically authorized herein.
20. NO PLEDGE OF FUNDS BY DISTRICT. In so far as any of the obligations of the
District set forth herein may be construed to be a multiple-fiscal year "direct or indirect debt or other
financial obligation" as that phrase is contemplated and utilized in Article XX, Section 20 of the
Colorado Constitution, such obligation or obligations are subject to an annual appropriation by
District's Board of Directors. The parties acknowledge that the District has not irrevocably pledged
any of its cash reserves to be held in reserve as restricted funds to meet any obligation set forth
herein.
21. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in this
Agreement for all purposes.
22. SEVERABILITY. If any provision of this Agreement is declared by a court of competent
jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, all
other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be
interpreted in all respects as if such provision were omitted.
23. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall
be deemed to have been sufficiently given for all purposes if sent by certified or registered mail,
postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the
address set forth on the signature page below, or at such other address as has been previously
furnished in writing to the other party or parties. Such notice shall be deemed to have been given
when deposited in the U.S. Mail.
24. AUTHORIZATIONS. The District, upon approval of this Agreement, shall be deemed to
have approved and authorized the District's President and Secretary to execute the agreements set
forth herein as exhibits provided such documents are in conformity with the District's then existing
Bylaws, Policies and Regulations as determined by the District's general manager in his sole
discretion. Any such non-conforming agreement shall require further approval and consent by the
District's Board of Directors.
25. DATED: 2001.
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LONGS PEAK WATER DISTRICT
By
Dean Olander, President
9875 Vermillion Road
Longmont, Colorado 80504-9738
303-776-3847
303-776-0198 (Fax)
ATTEST:
Secretary
By
ATTEST:
Secretary
p
LONGS PEAK WATER DISTRICT
9875 Vermillion Road • Longmont, CO 80504 • (303) 776-3847 office • (303) 776-0198 fax
May 21, 2001
Mr. Bob Morrison
Administrator
LifeBridge Christian Church
10345 Ute Highway
Longmont,CO. 80504
RE: Request for Service Commitment
Dear Mr. Morrison:
This letter is in response to your request that the Longs Peak Water District commit to provide domestic water
service to a proposed facility to be located on the Whitham Farm near WCR 26 and WCR 3 'h.
The District Board of Directors considered your request at their regular business meeting on Thursday May
17,2001. After discussion they authorized me to issue this letter of intent and desire to provide service to the
above described property located within our District.
They also requested that more information be provided relative to the service requirements associated with
your proposed development A development of this size and nature will require engineering on both your part
and ours to determine estimates of average day demand, peak day demand and peak hour demands and the
effect of those requirements on our system.
I have enclosed a"Review Request" form for your completion and return to us with a deposit of$1,500. The
deposit is required to pay our costs of legal,engineering and other expenses related to the study of this project.
Any unused portion of the deposit will be returned to you upon completion of the project
I also urge you to schedule a meeting between our staff and your representative(s) to discuss precisely what
your needs will be. I am generally available Monday through Thursday mornings from 8:30 am until 11:30 am.
If you have any questions or need additional information,please contact me.
Best regards, -
•
B kes
Get er C�
Enclosure
RESIDENTIAL SUBDIVISION SERVICE AGREEMENT
1. PARTIES. The parties to this Agreement are the SAINT VRAIN SANITATION DISTRICT
("District")and ("Applicant").
2. RECITALS AND PURPOSE. The Applicant is the owner of certain property described on
Exhibit A to this Agreement. The District is a special district, which provides sanitary sewer
service to its customers for which monthly service charges are made. The Applicant desires that
the District provide sanitary service within the boundaries of the property described below. The
District agrees to supply such service. The purpose of this Agreement is to set forth the terms
and conditions concerning the purchase of service connections-and tile District's providing such
service to Applicant's property.
3. LEGAL DESCRIPTION OF SUBDIVISION. The Applicant is the owner of the parcel of
real property known as the
legal description of which is set forth on the attached Exhibit A. The Applicant agrees to
furnish a reproducible copy of the subdivision plat to the District and said plat is expressly
incorporated in this Agreement by reference. Any change or alteration in the area,size, shape,
density, usages, requirements, number of service connections or timing of development of the
Subdivision which may affect the issuance of taps pursuant to this Agreement shall first require
the advance written consent of the District.
4. CONDITIONAL COMMITMENT TO SELL/PURCHASE SANITARY SEWER
SERVICE
4.1 Applicant hereby makes application for single-family residential equivalent sanitary
service connections("connections")to the District's sanitary sewer system for service within the
real property described on Exhibit A. District hereby conditionally commits to sell, and Applicant
hereby conditionally commits to purchase, such total number of taps at the then current plant
investment fee per connection, and other applicable fees and charges pursuant to applicable District
Rules and Regulations for use solely within the boundaries of the property described on Exhibit A,
upon the terms and conditions set forth in this Agreement.
4.1 Applicant acknowledges and agrees-that the Districts conditional commitment is
subject to the availability of such connections at the time the Applicant purchases
such conditionally committed connections in full by payment of the total amount of
the plant investment fee and other applicable fees and charges for each connection
purchased, up to the maximum specified.above.
4.2 District makes no warranties,promises or representations that such conditionally
committed connections will be available for purchase or reservation due to limitations
on its treatment capacity as determined by its plant capacity, collection system
capacity, discharge permit, and any governmental regulations or limitations.
Applicant acknowledges and agrees that it is solely responsible for inquiring as to the
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availability of connections,and that the District is under no affirmative obligation to
inform. Applicant of any other sales or reservations, commitments, or any other
events, which may limit the District's ability to sell the conditionally committed
connections. Applicant assumes all risks of unavailability by not purchasing said
conditionally committed connections.
5. TERM. This Agreement shall continue in full force and effect for a period of two (2) years
after execution unless extended by mutual agreement by the parties in writing.
6. ACTIVATION OF TAP. MI purchased service connections(taps) shall be deemed activated
and subject to the District's minimum service charges pursuant to its Rules and Regulations
upon payment to the District of plant investment fees and all other fees due for connection to
District facilities.
7. DESIGN SPECIFICATIONS. It is agreed, as a condition precedent to service, that all sewer
lines and appurtenant facilities required to provide sanitary sewer service within the boundaries
of Applicant's property as described on Exhibit A and all necessary trunk lines,outfall lines and
connecting lines and appurtenant facilities necessary to connect with the lines of the District as
presently engineered and installed, shall be installed at Applicant's sole cost and expense and
shall be in accordance with design and specifications as fixed by the District. Applicant agrees
that the actual installation and construction shall be subject to the general,as opposed to
specific,supervision and to inspection by the District and all related costs of engineering study,
review, approval and inspection(including the District's cost and expenses of obtaining
necessary easements if public rights-of-way are not available or if available,not feasible to
utilize) shall be at the cost of and paid by Applicant. Applicant further agrees to give the
District, through the District's Engineer, adequate notice,prior to commencement of
construction of the date when such construction shall begin.
8. EASEMENTS. Applicant shall furnish, at Applicant's expense, all easements and rights-of-
way within the subdivision(if not dedicated to the public use on the recorded plat), consents,
permits, licenses and other agreements.
9. SALE OF LINES. Upon completion, approval and acceptance of the work by the District
through the issuance of the District's certificate of acceptance,this Agreement shall operate as a
sale, conveyance,transfer and assignment by the Applicant of all Applicant's interest and
ownership in said lines and property to the District, free and clear of all liens and
encumbrances,and shall warrant that the work has been done in accordance with the laws of the
State of Colorado, and all other governmental subdivisions, agencies and units and in
accordance with the design standards and requirements of the District.Applicant shall
guarantee the lines as installed against faulty workmanship and materials to the District for a
period of two years and shall, during said period,pay all cost and expense of repair or
replacement of said lines. Upon completion,approval, acceptance, conveyance and transfer of
lines and facilities to the District, the District shall assume all responsibility thereafter, and all
cost and expense for operation and maintenance except as to the above two-year guarantee.
Completion of construction, inspection, approval and acceptance by the District, transfer of
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lines and facilities to the District, payment of all construction costs and expenses required to be
done and paid by the Applicant are conditions precedent to the obligation of the District to
furnish and provide sewer service.
10. EXTENDED AND OVERSIZE LINES. In the event Applicant shall be required to pay for
installation of trunk line extensions to serve beyond the boundaries of applicant's subdivision,
or District requires that trunk lines and facilities be oversized to permit the use of these lines by
the District to serve additional lands and property in addition to the property of the applicant,
District agrees to reimburse the cost of such extending or oversizing at the then current rate of
oversizing reimbursement as stated in the District's Rules and Regulations. District further
agrees to reimburse the Applicant at this rate for a period of ten years from and after the date of
this Agreement, but not thereafter,to pay to Applicant herein for its cost but, in no event, more
than the total cost of such extending or oversizing paid by the Applicant and agreed to by
District upon presentation of applicant's cost data.
11. DISTRICT REGULATIONS. All service provided under this Agreement shall be subject to
the monthly service charges and all bylaws, rules and regulations of the District which may be
in force from time to time.
12. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary
notwithstanding,the obligation of the District to furnish sewer service under this Agreement, is
limited by and subject to all orders,requirements and limitations which may be imposed by
federal, state, county or any governmental or regulatory body or agency having jurisdiction and
control over the District and/or the operation of its sanitary system and treatment facilities, or
discharge pen-nit for discharge into state waters.
13. DOCUMENTS TO BE FURNISHED. Upon execution of this Agreement, or at such time or
times as may be requested by District,Applicant agrees to furnish District the following:
13.1 A topographical survey of the property described in this Agreement; and
13.2 Final Subdivision plat approved by appropriate regulatory boards, commissions,or
agencies, together with requirements and conditions fixed by such entities for
development and evidence of the Applicant's compliance or plan for compliance; and
13.3 In the event the initial area to be served under this Agreement is not the entire project
of Applicant as hereinabove described,Applicant shall furnish preliminary plats and
plans as developed by the Applicant with reference to the fixture total development of
the entire property so that prior to issuance of taps and initial installation of lines and
facilities the District may study and consider the total development under this
Agreement as it may relate to future demands upon the District for service within the
entire development and the effect this may have,presently and in the future, on the
District's entire system and its obligations in regard thereto. It is understood and
agreed that a request for information as to future plans and developments of the
Applicant and the consideration of such plans by the District in connection with its
obligation to service Applicant's above-described land under this Agreement shall in
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no wise be construed as an agreement or obligation of District to serve such other
lands or areas proposed by the Applicant for such future development. All
information required to be furnished to District by Applicant shall be provided at
Applicant's expense.
13.4 "As built" mylar map certified by Applicant's engineer depicting all lines,manholes,
etc. constructed, installed, and transferred pursuant to Paragraph 9 above.
13.5 "As built"AutoCadd file certified by Applicant's engineer depicting all parcels,
subdivision boundaries,non-sewer utilities, sewer lines, manholes, etc. in plan and
profile, constructed, installed, and transferred pursuant to Paragraph 9 above.
13.6 The bid tabulation of the winning bidder including sewer line elements and their unit
costs.
14. DELAYS. Any delays in, or failure of,performance by any party of his or its obligations under
this Agreement than be excused if such delays or failure are a result of acts of God and nature,
fires, floods,strikes, labor disputes, accidents,regulations or orders of civil or military
authorities, restrictions or limitations contained in any initiative approved by the voters,
shortages of labor materials, or other causes, similar or dissimilar, which are beyond the control
of such party,including any orders,requirements or limitations described in paragraph 16
above.
15. TIME OF ESSENCE. Time is expressly stated to be the essence of this Agreement and any
failure to perform the covenants and agreements herein agreed to be performed strictly at the
times designated shall operate as an immediate termination of this Agreement.
16. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience
and reference, and are not intended in any way to define,limit, or describe the scope or intent of
this Agreement.
17. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional
documents and to take any additional action necessary to carry out this Agreement.
18.INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings.This
Agreement may be amended only by an instrument in writing signed by the parties. If any
provision of this Agreement is held invalid or unenforceable, no other provision shall be
affected by such holding, and all of the remaining provisions of this Agreement shall continue
in full force and effect.
19.ARBITRATION. Pursuant to Rule 109 of the Colorado Rules of Civil Procedure,all
controversies, claims, or disputes arising out of or relating to this Agreement,or any alleged
breach thereof, shall be determined by arbitration in Longmont, Colorado in accordance with
the rules of the American Arbitration Association then in effect. The arbitration award shall be
binding upon the parties. The prevailing party may file such award with the Clerk of the District
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Court of Weld County who shall enter judgment thereon. If such award requires the payment of
money, execution shall issue on such judgment. The expenses of witnesses for either side shall
be paid by the party producing such witnesses. The cost of the stenographic record, if any is
made, and all transcripts thereof, shall be prorated equally among all parties ordering copies
thereof unless they shall agree otherwise, and shall be paid for by such parties directly to the
reporting agency. All other expenses of the arbitration, including the expenses of the arbitrator,
and the expenses of any witness or the cost of any proofs produced at the direct request of the
arbitrator, shall be shared equally by the parties, unless they agree otherwise or unless the
arbitrator in his award assesses such expenses against a particular party or parties.
20. ATTORNEYS' FEES. If any party breaches this Agreement, the breaching party shall pay all
of the non-breaching party's reasonable attorneys'fees and costs in enforcing this Agreement
whether or not legal proceedings are instituted.
21. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado.
22. NOTICES.Any notice required or permitted by this Agreement shall be in writing and shall be
deemed to have been sufficiently given for all purposes if sent by certified or registered mail,
postage and fees prepaid, addressed to the party to whom such notice is intended to be given at
the address set forth on the signature page below, or at such other address as has been
previously furnished in writing to the other party or parties. Such notice shall be deemed to
have been given when deposited in the U.S. Mail.
23. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon,the
parties, and their respective legal representatives, successors,and assigns as owners of the land
described in Exhibit A.Any deposits which are made pursuant to the District's reservation of
connection policy and approved agreements shall be transferred to the Applicant's assignee.
24. GOVERNMENTAL IMMUNITY.Nothing in this Agreement is intended,or shall be
construed as, a waiver of any immunities provided to the District by statute or common law,
including without limitation the Colorado Governmental Immunity Act, §24-10-101, et. seq.,
C.R.S.
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DATED
ST. VRAIN SANITATION DISTRICT
By
President
436 Coffman Street
Longmont, CO 80501
ATTESTED:
Manager
STATE OF COLORADO )
)ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this of 200
by as President,and the Secretary of St. Vrain Sanitation District.
Witness my hand and official seal.
My commission expires:
Notary Public
APPLICANT:
Address:
By
Title
ATTEST:
Secretary
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STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 200 , by
Witness my hand and official seal
My commission expires:
Notary Public
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MAY-14-2001 M0N 03:50 PM FR0M:DALE BRUNS FAX:3036513486 PAGE 1
05/14!200s 02:24 ST Ur2MIN SANITATION 4 3036513406
N0.203 002
St. Vrain
SANITATION
DISTRICT
May 14 2001
Dale Bruns
10376 Pike Rd.
Long,CO 80504
•
Re: Farm (254 acres)&Lawson Property(61 acres)
Lifebridge Cbrisdan Church
Section 5,T2N,ROW, Weld County
The property known as Wlat em Farm and the Lawson
Ims been incorporated
into the District's Master Plan. The Distia intends to provide
vide uni
the property described above. Servk Develop
x to the Planned Unit tarn saver a et to to
j�]o conditions: Development is subject to the
• Paid=to Include(with Board Approval)Into the St.Vain Sanitation District
(attached)
• S Completion
nipB and acceptance of line extension(s)to connect owners to existing
• Completion ofnec awry connection requests/agreements.and
Receipt of impartible flees.
Service will be subject to the rules and regulations of the St.Vain Sanitation District.
Sincerely yours,
St Wain Sanitation District(ell) • •
Paula G.Pagre
Executive Assistant
CC: Mark Peterson,District Manager
436 Conine Sbut Saito 203 t 204 P.O.Son Sea
lant4444 CO 0050249n
Phone:(303)776-9370 PDX:(303)774.2349 End1
INIT- D UNITED POWER,INC.
� FO.Box 929, Brighton, CO 80601 • Telephone:303-659-0551 • 1-800-468-8809
�0
Fax:303-659-2172 • http://www.unitedpower.com
December 18, 2001
Mr. Todd J. Borger, P.E.
Project Manager
Rocky Mountain Consultants, Inc.
825 Delaware Ave., Ste. 500
Longmont, CO 80501
Dear Todd:
SUBJECT: Lifebridge Church PUD
Thanks for your response concerning the Lifebridge development site. The site is located within
United Power service territory, as long as it is not annexed to the City of Longmont.
,,----
United is ready, willing and able to provide electric service to any development on the site. An
overhead distribution line capable of serving the site crosses the site. The cost of providing
service is a function of each of the following: material, labor and administrative/overheads
associated with the job. There will also be a PIF (plant investment fee) charged to the developer.
I am unable to quote you a cost without construction plans and a final plat.
Sincerely,
UNITED PQOWER, INC. _d3 Bill Meier
I-25 District Representative
BM:jh
A Touchstone Energy® Partner Kb(
7 Xcel Energy-
DELIVERY
Boulder Design Team
2655 N. 63r°St
Boulder, CO 80301 -
May 22, 2001
Bob Morrison
Lifebridge Christen Church
10345 Ute Hwy
Longmont, CO 80504
RE: Availability of natural gas service to Whitham Farm, approximately Colorado State Hwy
119 and Weld County Rd. 3.5
Dear Mr. Morrison:
Natural gas service is available, upon request, to the above referenced location. This service will
be provided on a cost estimate basis, and is subject to the rules and regulations established by the
Public Utilities Commission of Colorado.
If I can be of further assistance in this matter,please feel free to call me at 303-938-2219.
Sincerely,
();1>t
Ron Martinez
Planner
Boulder Design Team
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