HomeMy WebLinkAbout20012733 'JAN 21 1999
SUBDIVISION/MULTIPLE TAP SERVICE AGREEMENT
1. PARTIES. The parties to this Agreement are the LEFT HAND WATER DISTRICT,a title 32
special district, ("District") and Darvll Pr000 ("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 which provides treated
water service to its customers for which monthly service charges are made. The Applicant desires to
purchase water taps for the development project.The purpose of this 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 d�e cribed on Exhibit A which is attached and incorporated herein, and which is
known as C 1 �, / C~ ' ,/4/ .Subdivision. 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. SALE AM) PURCHASE OF TAPS. District acknowledges receipt of the sum of
$ en coo in , representing payment of only the plant investment fee component of the total fee charged
by the District for 12 single family residential water tap connections("taps"),with a deferral
of the other components of the tap fees, specifically including the raw water component. Upon payment
of the remaining components and pursuant to the provisions of paragraph 5 herein, each tap may be
activated and placed in service. Payment included rreter/pit installation ccr cnerrt also.
5. RAW WATER'IRA_NSFER. District ackrvwledges receipt of $36,960.00 in cash in lieu
of raw water transfer.
5.1 As a condition of activation of the purchased taps, Applicant shall transfer 1.32 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 N/A C-BT 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
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. EXHIBIT
2001-2733 r
5.2 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 plicant shall,before anctswith connectionient tirne to
made,
effectuate the araw
water
and pay
th balance oded. f any amounts due and owing for such tap fees,
transfer the raw water t and payer component do
includingita without
ot�her co limitation,
components of the tap fee,in the fee in lieu of raw accordan e with the District's then applicableto
District)
fee schedule.
5.3 The failure of Applicant to complete the raw water transfer, or to pay the cash amount in
lieu thereof as set forth in paragraphs 5.1 and 5.2,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
of the plant investment fee component of the tap fee,shall constitute
initial payment to the District paid hereunder by Applicant shall be retained by District
a default. Upon such default any stuns
as liquidated damages for such default. It is understood and aeedby Applicant that purpose
g< the period s based
of this requirement for completion of the purchase of all taps within a five year p
upon the financial requirements of the District to fund its capital construction
its system the
tion needs. The District,
by this Agreement, has committed a definite portion of the total capacity of
operating nance expenses. If there is a default er
Applicant and, therefore, must look to the Applicant for performance of its obligations in order
that the District may meet its capital construction and op
Applicant, District may recommit such taps to other applicants without further notice to
Applicant.
as a condition precedent to service, that all water
6. DESIGN SPECIFICATIONS. It is agreed, Applicant's
pliros and app transmission lines, connecting lines and appurtenant
appurtenant facilities required to provide water service within the boundaries of pp
project as described on Exhibit A and all necessary eered and installed, shall be
facilities necessary to connect with the lines of the District as presently engin
installed at Applicant's sole cost and expense and shall be in accordance with design and specificatt ion the s as
fixed by the District. Applicant agrees that the actual installation ande onstrDi tction shall be an all related bject to
the
general, as opposed to specific,supervision of, and inspection by,
Bering study,review,approval and inspection(including the District's cost and expenses of
to
oDbtaining
ns necessary
y
obtaining necessary easements if public rights-of--way are not available
to r if aeFunle, not dFee,
utilize) shall be at the cost of Applicant. Fire Hydrants: Applicant agrees pay a F Hydrant
per fire hydrant as shown on the approved Plans. A total of
hydrants t the current rate to$ -- Applicant further agrees to give the
will be installed for a total Fund Fee of$.__ . of the
District through the District's Engineer,adequate notice,pnor to commencement of construction
date when such construction shall bein.
Applicant shall furnish, at Applicant's expense,all easements,rights-of-way, and 7 consents EASEbIENTS. utility easements are not dedicated by the plat)and withut t to
e
prfi both within the Such (if public provided prior
project, if required. Such easements, rights-of--way and consents shall be
F\HOMEY.]MnSUBOIVI+SUBONAG.`MO
2
y be commencement of construction.Those easements lying outside of the project and which maye needed to
uired
for the construction of any portion of the water lines
and
s appurtenant nan facilitiesy the which
h its may be ee to
service the project(excluding public rights of way),
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.
8. WATER SERVICE.
8.1 The Applicant 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 ws o seof the ct he flow of water in h e main orct's normal operation f at the water
individual pow The D of d very in
order temporarily rove, or replace the main or other portions of the District's
order to repair, maintain, test, imp P
water distribution, storage and or supply system.
Applicant covenants and agrees that it will not make any warranties or representations to
8.2 contractor, home owner, lessee, tenant,
any home builder, contractor, developer, landscaping the District's water system's capabilities,
property owner,or any other person or entity,regarding
pressure, or flows.
9. SALE OF LE ES. Upon completion, approval and acceptance of the work by the District
certificate of acceptance, this Agreement shall operate as a sale,
through the issuance er n the District's bythe Applicant of all Applicant's interest and ownership in said lines cto the heDitri t,freeaandearofallli nsthe
agencies
to District,free and clear of all liens and encumbrances,and shall warrant that the work has been done
Applicant shall
in accordance with the laws of the State of Colorado, and all other governmental subdivisions, �
and units and in s accordance d with the design standardsand requirements materials to the District for a period of two
guarantee the lines as nlled against y a all cost and expense of repair or replacement of
years from conveyance and shall,during said period,pay
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
Completion of construction, inspection, approval and
District shall assume all responsibility thereafter, and all
cost and expense for operation and maintenance
except as to the above two-year guarantee. a ant of all construction costs
acceptance by the District,transfer of lines and facilities to the District, P yin
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. pay
OVERSIZE LINES. In the event Applicant shall be required top y 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
of the Applicant,Distract agrees to establish the cost of such
lands and property in addition to the property
F.W OMEVJAP.SUBOMSSUBDNAG.WPO
3
engineered capacity of the lutes and
and to reduce this cost to a"cost per tap" based upon the engn d
th e systems g can serve. District and Applicant shall enter into a Line Participation
which such oversizin� a surcharge upon users
Agreement
system u that the District will impose h suDircharge
upon
s future u users
of the ove which shall said
surcharge
as gea to br elated on a per tap basis utilizing
ing
of the oversized line, said l capacity.
S a period of seven years from and after e datent of
e collected
Participation
arts ip as to the eine's total cnoacity.During a to App
Agreement, but not thereafter,the District will collect and for
yore oversrzmg of the line.
linrticiraha g s t Applicant for its additional costs in paying
line surcharges to reimburse
which may be in force from
11. DISTRICT REGULATIONS. All service provided under this Agreement shall be subject to the
monthly service charges and all bylaws,rules and regulations of District
time to time.
REGULATIONS. All provisions of this Agreement to the contrary
Agreement,is limited by,
12. GOVEIg the eENTALimposed this gr federal,state,is county or
notwithstanding, obligation of the Distr ict to furnish water service>under gr
agency having jurisdiction and control over the District and/or
and subject to all orders,requirements and limitations which may
any governmental or regulatory body or � cY
the operation of its domestic water system and treatment facilities.
BE ?aSIIED. Upon execution of this Agreement, or at such time or
13. DOCUMENTS TO FU 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,cornrmssions,or agencies,
together with requirements and condition d
s compliance;fixed by such entitles for development and evidence of
the Applicant's compliance or plan for
Agreement is not the entire project to be
13.3 ev Ino the by Applicant
initial the to retie served sunder this ed as a phased development, Applicant
and the remain plats and/or plans as developed by the Applicant with
developed preliminary
shall furnish to
sketch plans, pIt is understood and agreed that
plans and developments of the Applicant (and the
reference to the future total development of the entire prop Applicant's
a nsidera for information by to future eement or
consideration of such plans the District in connection with its obligation to service
ebyn the
above-described land under this A�eernent) shall in not be construed as an
obligation dwritten commitmente
of District to serve such other lands, additional lands, or areas proposed hcant's
s.
Applicant ti such future b development beyond
thaty shall be provided at APP
All information required to be furnished
expense.
f.WOMEVOMSU$OMSSUEONAO WPC ,1
4
13.4 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 to Paragraph 7 above.
14. DELAYS. Any delays in,or failure of,performance by any party of his or its obligations under this
authorities, ,fires, floods,
ions s,
Agreement shall be disputes, ace idents, egulatio or ordersaof civvil or military a and nature,fires, floo ,d if ch ys or failure or
kes, labor o ti
limitations contained in any initiative approved by the voters,shortages 1 l�S materials,vrnmen al orders,
similar or dissimilar, which are beyond the control of such party,
directives,requirements or limitations described above. for convenience
15. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only
and reference, and are not intended in any way to define, limit, or describe the scope or intent of the
Agreement. additional
16. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any
documents and to take any additional action necessary to carry out this Agreement.
17 INTEGRATION AND AMENDMENT;
PRIOR AGREEMENTS. This Agreement
ent in writing signed by the representsparties-
the entire agreement betweenbe amended only byhanieui�m oral or collateral agreements or
understandings. This Agreement may the Distract s signed
by the
par any
The Applicant expenses incurred by n t held
t of
shall reimburse the District fby any Applicant. If any provision of this Agreement
amendment of this Agreement requested of this Asuch holding, and all of the remaining
provisions of this
invalid or unenforceable,
shall continue in full forced effect.
gr
18. ALTERNATIE
DISPUTE RESOLUTION. In the event of any dispute or claim arising
under t
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
isnotifies the other party
negotiations,h then the parties
negotiations within 30 days after the earliest date on which one party
faith to settle such dispute or claim by mediation conducted under the
writing of its desire to attempt to resolve such dispute or claim through
aureespi e attempt in good of Denver, Colorado or, if JAG is no long
in
existence,
, or if theJu partiesal Arbiter Group isAG)
auspices of a recognized established
existence, if agree otherwise, then under the mfollowing re party's
the written que request therefor.Such
If such dispute orb claim is not settled within
through
mediation,either party s
mediation, then either party may initiate a civil action in the District Court for Boulder County.
19. ASSIGNMENT. If Applicant is not in default hereunder, Applicant may assign this Agreement
provided said assignment is in writing and further provided that
the assi the prior consent c the notion t,
all of the property described
the assignment is made in conjunction with a transfer of all or substantially
F:WDMe`4osuB0MBU`u BDNAG WPD
5
herein. No assignment shall,however, be effective upon the District unless and until the District receives
written notice or copy of the assignment.
20. 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.
21. The undersigned Applicant hereby tenders to Left Hand Water District $ 97,860.00
representing required tap fees, non-inclusive of hydrant fees.
DATED: , 199_ LEFT HAND WATER DISTRICT
By:
President
Box 210
Niwot, Colorado 80544
ATTEST:
Secretary
STATE OF COLORADO )
) ss
COUNTY OF BOULDER)
The foregoing instrument was acknowledged before me this day of 19_,
by as President and as
Secretary of the Left Hand Water District.
Witness my hand and official seal.
My commission expires:
Notary Public
F WOMEW ASUBDMSSUBDNAGY.PD
6
Applicant
By. LAH1/( PrO °p
STATE OF COLORADO )
) ss
COUNTY OF BOULDER)
The.foregoina instrument was ac owledged before me this G day of (Jvn 442,
19 a` byl+ //(7
Witness my hand and official seal.
My commission expires: r�//0/Ln
Not lid
F.W OM EW AM1SUBOMSISUBONAG W PO
7
���
�� LEFT HAND WATER DISTRICT
January 23 , 1996
Darryll Propp
2278 Holly ct.
Golden, CO 80401
Re: Meter # 85 63 11 #3036
2604 WCR 12
Dear Mr. Propp:
I understand from our billing department that you have requested a
refund for meter charges on the above account, due to lack of
actual water use.
Our records show that there was water use on this property from the
original tap purchase in 1967 until October of 1978. The property
and tap were transferred to you in July of 1979, as was the
billing. According to District policy, all tap purchases are for
a specific property location and must remain with the original
purchase location, and are non-transferable, except to a new owner
of the property in question.
Minimum monthly charges are imposed, where service and a meter
exists, or in the case of property where no meter has yet been
installed, a $10. 00 monthly service charge begins within one year
from the date of tap purchase.
In the case of this property, a meter has remained in place,
although there has not been water use for many years. If you wish
to have the meter removed from the property, it may be possible,
at Board discretion, to reduce the charges to a minimum non-metered
monthly rate.
If you wish to remove the tap from the property, your request
should be addressed in writing to the Board of Directors of the
District, at the address below. Please be aware that in doing so
you may forfeit any future water service to the property.
Sincerely,
Kachy terson
District Manager
P.O. Box 210 •Niwot CO. 80544.(303) 530-4200 • Fax (303) 530-5252
Illr •o P.O. Box 210 • Niwo:, CO 8P: ,
(303) 530-4200 • 530-9825
MOMMIIMI
AN 31 200.0
PROPP, DARYLL
1.2600 W COLFAX AVE # 8.1.30
LAKEWOOD., CO 802:1.5-3735
111Lll lidlih ,LdI„LI .IIu
ACCOUNT NUMBER DATE BILL MAILED SERVICE FROM SERVICE TO DAYS USED DUE DATE
00003036 01/28/00 12/23 I 01/24 32 02/16/00 ,
PREVIOUS READING PRESENT READING - UNITS USED DESCRIPTION AMOUNT DUE
0 0 0
MONTHLY SERVICE CHG 11 .
Water Usage Breakdown
0.00 on 0 e 2.20 per 1000
USAGE LAST YEAR O.
t
AMOUNT. AFT E UE DA BY DUE DAT
SERVICE ADDRESS 2604 WLD CO RD 12 DUE
11 ..56 11
KEEP THIS PORTION FOR YOUR RECORDS
ARYLL PROPP PROPERTIES I INVOICE NO. I REFERENCE NO. I AMOUNT / I DISCOUNT I NET AMT.
/
00003036 6301 .20 /11.45 0 . 00 11
DATE
02/02/00
t gej
CHECK NUMBER vb r r //
/�S
00001762 / / J � e
CHECK AMOUNT ! / /
$ 11.4 5 0 jd
iv ) (7 � /1
PAYEE /1 0 It 1, c
LEFT HAND WATER DISTRICT /( "I
•
l+l?. 7 .� rvr+ 6 li j +0l1 ?t •1 1 i^�I 1�I� . I t',, .� :(.• __ ,•1.'-. t
Ili;S i II .I ,({� '�J11 1'i� ,i, ,`i 1�,. .,(rf 1 S } t( r
`: �•:, �; i�: I�• !Till •t .k•. L{ ;I� �,?, ),,,`Il it u•- �•'•. i
Box U Niwot, Colorado 30544 Phones 6F":' 2188 , 443-2!?36 (Metro)
July 16 , 19_79
The undersigned, for valuable considerations exchanged,
NAME (S) : John Propp
TELEPHONE:
LEGAL DESCRIPTION: 2604 Weld County Road 12 Erie V-
SECTION __.._._..__. _.—TOWNSHIP RANGE
_...—.-___._...—
SUBDIVISION - --__ _•--BLOCK LOT -�-
METER # 5A2 29 12 S-6 CERTIFICATE # 3128
herewith represents and makes :
****tk*ie•kdlrt.il•de*********v4tA•it****** **akd:alt•lt***alt***itt.*is**yF******* k { **t•
( ) APPLICATION FOR MEMBERSHIP (S)
Applicant herewith tenders membership fee in the
amount of $
( ) water transfer: °certificate #
( ) evidence of ownership Date: 1 9____.
*-N*Eck** ::t:k k;l**:k9r:tir* ,**-1, ,-***************A F 1..••.,.**. 'cM*74*>< * *•:• '... —
(X) . APPLICATION FOR TRANSFER OF ONE MEMBERS1 tP'(S)
OR
( ) APPLICATION FOR BILLING AUTHORITY
Date of. tran:-Ler : JULY 16 1979___.
( ) water service paid
( ) transfer fee of $ 10 . 00
( ) evidence of ownership(copv warranty deed or. equal)
( X) new owners ( ) tenants
NAME (S) : Darrel Propp
ADDRESS : 12420 West 18 Drive _
�•.__ Lakewood Co 80215 TELEPHONE: _—
***::*************:c*r*****************i s***stic****************x•*:t****
and acknowledges that this APPLICATION is : (I. ) executed suL.2ec•t
to the policies and bylaws of the Left Hand Water Supply Company,
and (2 . ) not effective until executed by the appropriate represen-
tative of t he Co1i1[!an}' .•
Note: See rO:7'_,:tse side fr.,7,"rther information .
SIGNATURE (S)).(___ •
_lam!" J '�
s
LEFT BAND WATER SUPPLY COMPANY
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