HomeMy WebLinkAbout991347.tiff cst. <Rain cSanitation 1�i�.tzict
(Saint cSan)
. (D. Box 90
942rzione 43o Coffman cStrzat, cSilit 20
(303)1 Tr6-9570 January 11, 1999 £on9nzont, CO 80502-090
303) 714-2349 9ax
Mr. Don Lafaver
2185 Pine Drop Lane
Golden, CO 80401
Re: Commitment to Serve
Dear Don:
This letter was requested in regard to the development of your property(approximately
20 residential units)WCR-7 one mile south of Highway 119 near Del Camino, located
within:
N/2 of the NE/4 of Section 16, T2N,R68W of the 6th P.M., Weld County,
Colorado, approximately 80 acres.
The Property will be served by this District's municipal type collection system and
aerated lagoon treatment plant constructed to Colorado Department of Health and
Environment standards and operated subject to the Colorado Discharge Permit system.
This project complies with the District's Master Plan. This property will be served by the
WCR-7 Line Extension which is planned for construction this summer. The property is
not within the District.
St. Vrain Sanitation District has 1,852 SFE (single family equivalent)taps of which 836
have been purchased,resulting in 1,016 available for purchase. These taps are available
to referenced property and other eligible properties on a first-come, first-served basis. As
the present supply of taps is consumed, the District plans to increase the size of its
treatment plant to serve 5,555 SFE taps. These additional taps would also be made
available on a first-come, first-served basis.
The above-referenced property is eligible to utilize the available supply of taps on a
first-come, first-served basis, subject to the following:
a. Petition for Inclusion into the District.;
b. Execution of a Subdivision Service Agreement;
c. Execution of a Line Extension Agreement to participate in the cost of the
WCR-7 line extension on a pro rata basis;
EXHIBIT
991347 v—
Mr. Don Lafaver
January 11, 1999
Page 2
d. Design and construct an on-site collection system in accordance with
District standards and approved by the District;
e. Purchase of the required number of taps, as needed; and
f. Compliance with the District Rules and Regulations.
Should this property wish to obtain an absolute commitment to serve,taps may be
prepurchased and held until needed. Monthly service charges will be assessed upon
connection to the District or twelve months after purchase,whichever comes first. The
Subdivision Service Agreement also provides for reservation of taps for thirty-six months
at Applicant's discretion.
Should you have any questions concerning this matter, do not hesitate to contact me.
Very truly yours,
ST. VRAIN SANITATION DISTRICT
By �
L. D. Lawson,P.E.
Manager
LDL:mcj
cc: Division of Planning Services, Weld County
I�-COM
Disk 5
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources �of•ep<o,
Department of Natural Resources e� < •-n!\
t.l
1313 Sherman Street, Room 818 * a
Denver,Colorado 80203 • /a �"
Phone:(303)866-3581 ?
FAX:(303)866-3589 February 25, 1999A
i E)Id Cot!WY Piarmine Dear Bill Owens
hen://waler.state.co.us/defaUlt.htm Governor
Greg E.Walther
Executive Director
MAR 8
Mr. Scott Ballstadt 0 1999 Hal D.Simpson,RE.
Weld County Planning Dept. S to Engineer
1400 N. 17'"Ave. t Q E D
Greeley, CO 80631
RE: Lighthouse Cove, S-470
N1/2 NE1/4 Section 16, T2N, R68W,.6th P.M.
Water Division 1, Water District 6
Dear Mr. Ballstadt:
We have received the above referenced proposal to subdivide 73 acres into 18
residential lots and open space. The proposed water source is Left Hand Water District
(District) and a letter of commitment for service has been submitted.
The District will supply treated water to the development. As a condition of activation of
the taps, the applicant must transfer 14 units of Colorado-Big Thompson Project water raw
water, administered by the northern Colorado Water Conservancy District, to Left Hand Water
District. Although the applicant has not submitted information on water requirements for this
proposal, it appears that the District can adequately supply this proposal.
Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's Office offers the
opinion that the proposed water supply will not cause material injury to existing water rights,
and with Left Hand Water District serving the proposal, the supply is expected to be adequate.
Sincerely,
"..„„a-4-1 7c
Kenneth W. Knox
Assistant State Engineer
CC: Richard Stenzel, Division Engineer
Water Supply Branch
KWK\HCF:word\lighthouse cove
MCMIB11t •
• , � _21 _ •
siloLEFT HAND WATER DISTRICT
�II� February 2, 1999
Don LaFaver
2185 Pinedrop Lane
Golden, CO 80401
Re: Commitment to Serve, tap request #1921 -Lighthouse Cove
Dear Mr. LaFaver:
This letter is issued in regard to the development of your property, and your request for approximately 18
residential taps. The property is located within the Left Hand Water District and Northern Colorado Water
Conservancy District, at the following location:
N'/2 of the NE'/ of Section 16, T2N, R68W- 9777 WCR 7
The District recently received 1041 permit approval from Boulder County to begin construction of the
District's Eastern Transmission Master Plan facilities. Completion of Phases I and II of the Master Plan,
which include a 24" water line extension along Highway 52 from North 95th Street to Weld County Road 7,
will make approximately 2,500 single family tap equivalents available in the eastern half of the District. These
taps are available to the above referenced property and other eligible properties on a first-come, first-served
basis.
The above referenced property is eligible to utilize the available supply of taps on a first-come, first-served
basis, subject to the following:
1) Execution of a Subdivision Service Agreement;
2) Execution of a Line Extension Agreement to participate in the cost of Phase I and Phase II of
the Eastern Transmission Master Plan, on a pro rata basis;
3) Design and construction of on-site water distribution system (and any off-site improvements
noted in tap request reply) in accordance with District standards and approved by the District;
4) Purchase of the required number of taps as needed.
If you have questions regarding this letter, please don't hesitate to call.
Sincerely,
(\y/i4 c.. ,..c--j—
Kathy Peterson
General Manager
cc: Division of Planning Services, Weld County
EXHIBIT
P.O. Box 210 •Niwot CO. 80544•(303) 530-4200 . Fax (303) 530-525 J ZZ
=`') L r iLJLic b £a'.lvEr _ ;20 2`_ D 7t9 et.,.0.,
LEFT HAND WATER DISTRICT
January 14, 1999
Don LaFaver
Lighthouse Cove LLC
2185 Pinedrop Lane
Golden, CO 80401
Re: Lighthouse Cove Subdivision
Dear Mr. LaFaver:
The Board of the Left Hand Water District approved a Subdivision Agreement for 10 single
family residents for the Lighthouse Cove development, A copy of the Agreement is enclosed.
After your review of the Agreement, please make an appointment with my assistant,Kim Lane, to
sign the original and pay the required fees within sixty days of this letter. Please note that
payment is required for the taps as outlined in¶4, and also for hydrant funds as outlined in 16, if
applicable.
Please call if you have any questions. The tap price quoted in the agreement is current today.
The fee due will be the current fee at the time of completion of the Agreement. Increases to tap
fees may be made at the discretion of the Board,without prior notification.
Sincerely,
c
Ka fir1'n A. Peterson
General Manager
KAP:kml
P.O. Box 210 •Niwot CO. 80544.(303) 530-4200 . Fax (303)530-5252
ift2
SUBDIVISION/MULTIPLE TAP SERVICE AGREEMENT
-' !1�`
DEL CAMINO ZONE
1. PARTIES. The parties to this Agreement are the LEFT HAND WATER DISTRICT,a title 32
special district, ("District")and Lighthouse Cove LLC ("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 described on Exhibit A which is attached and incorporated herein, and which is
known as Lighthouse Cove 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 AND PURCHASE OF TAPS. District acknowledges receipt of the sum of
$71 100 nn , representing payment of the plant investment fee component and the storage fee
component of the total fee charged by the District for 10 (ten) 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.
5. RAW WATER TRANSFER.
5.1 Asa 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 14 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 ofthe 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.
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 District with sufficient time to
�� a � /
effectuate the raw water transfers,ifneeded. 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.
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
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
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.
6. 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 Applicant's
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 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 of,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 Fee,
at the current rate of$ 800.00 per fire hydrant as shown on the approved Plans. A total of-0-
hydrants will be installed for a total Fund Fee of$ -0_ . 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.
7. 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 consents shall be provided prior to
commencement of construction. Those easements lying outside of the project and which may be required
for the construction of any portion of the water lines and appurtenant facilities which may be needed to
service the project(excluding public rights ofway),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.
F:MOMPJCM'SUBDMS�DCAGREE.NPD
2
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 a result of the District's 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 distribution, storage and or supply system.
8.2 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.
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
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 oftwo
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, knish 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.
10. 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 ofthe Applicant,District agrees to establish the cost of such
oversizing and to reduce this cost to a"cost per tap"based upon the engineered capacity of the lines and
the system which such oversizing can serve. District and Applicant shall enter into a Line Participation
Agreement which shall provide,as a minimum,that the District will impose a surcharge upon future users
of the oversized line, said surcharge to be calculated on a per tap basis utilizing 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 oversizing of the line.
P:WOMEW M\SUBDMSDCAGREE.WPD
3
7.„?/-? / LI7
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 ofthe 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.
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 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.
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
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 oflabor 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.
FWOMEWMISOBDNISIOCAGREE WFO
4
15. 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.
16. ADDTITONAL DOCUMENTS OR ACTION. The parties agree to execute any additional
documents and to take any additional action necessary to carry out this Agreement.
17. 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.
18. 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 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.
19. 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.
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$ 71.100.00
representing required tap fees, non-inclusive of raw water and hydrant fees.
F:W OMEVOMISUBDMSVCAGREE.WPD
5
DATED: . A , 199 ) .
LEFT HAND-WATER DISTRICT
By:
esident
Box 210
Niwot,Colorado 80544
ATTESTED
(kJ
Secretary
STATE OF COLORADO )
)ss
COUNTY OF BOULDER)
The for oing instrument was appnowledged before me this )401 day o 1n 19911
by 'Ktenentte as President and r�� ju as
Secretary of the Left Hand Water District.
Witness my hand and official seal.
My Commission Expires 4-20-2002
My commission expires:
an;
MAT r' Notary Public
t
l OF Cat.°
P:W OMEW MISUBDMS\DCAGREE.W PD
6
:/ , '�
Applicant
By:
STATE OF COLORADO )
) ss
COUNTY OF BOULDER)
The foregoing instrument was acknowledged before me this day of
19 , by
Witness my hand and official seal.
My commission expires:
Notary Public
F:W OMEW MISUBDMS'DCAGREE.W FD
7
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