HomeMy WebLinkAbout20032029.tiff LITTLE TIJLJMPSON WATER DIS t2ICT
DIRECTORS: Telephone(970)532-2096
.-.\ ram Rrym dr January 29, 2002 835E Highway 56
Presidem Drawer G
Lao Babel Berthoud,CO 80513
Keith Croonquist www.ltwd.org
Rabat Boggio
Dean Anderson
Carey I.Selamonson
lames Stroh
MANAGER:
Richard RH.Whitt&
Doug Tiefel
P.O. Box 17130
Boulder, CO 80308-0130
Dear Mr. Tiefel:
This letter is in response to your request for a water service commitment for up to 14 residential
lots, in the proposed subdivision described as follows:
PORTIONS OF SEC.31,T3N,R67W—WELD COUNTY,CO
Pelican Shores
The District provides water service within its service area as defined by the District. The
provision of water service by extension of existing water lines of the District to the above property and
the installation of taps for lots is done under the terms of the Rules and Regulations of the District
established by the Board of the District from time to time. You may obtain a copy of the Rules and
Regulations from the District. This letter outlines the provisions of the Rules and Regulations, however
this letter does not change any provisions of the Rules and Regulations. The Board of the District may
alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to
alteration and amendment based on changes in the Rules and Regulations of the District.
We currently have an 8" diameter water line located along Hwy 66 and an 8" connection to an
18" line at WCR 28 & WCR 9.5 with additional capacity available Therefore, we can commit to provide
service to the above property, subject to the limitations in this letter, for one standard residential 5/8" X
3/4" water tap per lot; and the following additional limitations on the provision of water service are:
1. All improvements to District facilities required to provide service will be the financial
responsibility of the developer in accordance with the District Rules and Regulations. All
improvements must conform to District Specifications.
2. Little Thompson Water District requires you to transfer one share of Colorado Big
Thompson water for each lot in the commitment and then to pay for the rest of the tap fee
as the water lines are put in service. You then have the taps to sell with the lots at the
price that you set.
2003-2029
3. If a fire hydrant is required for the subdivision there is a $2,000 fire hydrant fee that
needs to be paid prior to installation of the fire hydrant. You will be responsible for any
improvements needed to meet the required fire flows in your subdivision.
4. In order to provide the required flows to the subdivision you will be required to install a
minimum 6" Diameter water line from Hwy 66 South to the property. To provide the
required fire flow rates you may need to over size the line and/or loop the line to the 18"
line at WCR 28 & WCR 9.5 and build a metering vault at the connection. The District
may wish to oversize this line for future needs.
5. You will be required to provide the needed water lines in the proposed subdivision.
6. The design, installation and total cost of the project will be the responsibility of the
developer.
It is possible that some of the required water lines and system improvements may be
required, built or are being designed by other developers in the same area. If they are in place when you
need them then you may be able to utilize them to serve your development( subject to the District rebate
policy). It would be wise to work with the other developers in the area to ensure that the water lines
installed would be sized to meet the needs of both developments to reduce the amount of duplication an
minimize future water line replacement.
This commitment letter will expire two years from the date of this letter if the taps have not been
purchased, paid for and installed by that date of expiration. The current fee for the domestic 5/8" X 3/4"
tap is $18,500. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND
TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS
LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY
CHANGE THE RULES, REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE
PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON.
If you have questions,please contact me.
Regards,
G � �
Michael T. Cook
District Engineer
aWel
CENTRAL WELD COUNTY WATER DISTRICT
March 11, 2002
Mr. Doug Tiefel
P.O. Box 17130
Boulder, CO 80308-0130
RE: Pelican Shores Subdivision
Dear Mr. Tiefel,
We have completed a hydraulic analysis of the District's system as it relates to the referenced
project. As previously reported, there is a 1" waterline in Weld Co. Rd. 26 that currently serves
the structure on the property.
In order to provide the minimum fire flow requirements for a residential subdivision in a dead-
end situation,we have determined that a 12" water line will need to be extended from Weld Co.
Rd. 9 % and Weld Co. Rd. 24 % east 0.5 miles,then north 0.25 miles, then east 0.75 miles to the
easterly side of the referenced subdivision.
We have determined that the cost of this extension is $258,440.00, which includes the crossing
of the canal and drainage way located West of Weld Co. Rd. 13 on Weld Co. ltd. 26. Our line
will need to be deepened to accommodate a future structure planned by the Town of Firestone at
this point.
Upon receipt of the above amount, the District will order materials and place this project in our
construction schedule. This above cost estimate is good for thirty (30) days from the date of this
letter.
If you have any questions regarding the above,please advise.
Sincerely,
CENTRAL WELD COUNTY WATER DISTRICT
L_L-L\G.\1rt
J.L. Walter
Staff Engineer,
JLW/rg
2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax(970)353-5865
John W.Zadel,General Manager
CENTRAL WELD COUNTY WATER DISTRICT
January 17,2002
Mr. Doug Tiefel
P.O. Box 17130
Boulder, CO 80308-0130
RE: Water Service- Pelican Shores Subdivision
Dear Mr. Tiefel
This letter is in response to a request for water service to serve the following property described as
follows:
Part of the NW'/4 of Section 31,Township 3 North,Range 67 West of the 6th P.M., Weld
County, Colorado.
Water service can be made available to the above described property, provided all requirements of
Central Weld County Water District, Northern Colorado Water Conservancy District and the U. S.
Bureau of Reclamation are satisfied. Central Weld County Water District requires that contracts be
cons unmated within one (1)year from the date of this letter or this letter shall become null and
void unless extended in writing by the District. Please note that you are responsible for confirming
that this property has met the requirements of Northern Colorado Water Conservancy District and
the Bureau. Central Weld cannot issue a tap until all requirements are satisfied.
Due to the rapid cost increase of raw water,existing tap fees may not apply for water service to this
property. The District will not notify, by separate letter, any prospective landowners or land
purchasers of tap fee or line extension cost increases. The cost of a tap fee and/or line extension
will have to be paid in advance to the District by the prospective customer in accordance with ._
District policy.
Sincerely,
CENTRAL WELD COUNTY WATER DISTRICT
,atlW.Z.ad eneral Manager
2235 god Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax(970)353-5865
John W.Zadel,General Manager
i 47/02 WED 13:40 FAX illi
11011. IJ009
f
r RESIDENTIAL SUBDIVISION SERVICE AGREEMENT O P y
1. PARTIES. The parties to this Agreement are the SAINT VRAIN SANITATION DISTRICT
("District") and Doug Tiefel("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 Applicants property.
3. LEGAL DESCRIPTION OF SUBDIVISION.The Applicant is the owner of the parcel of
real property known as Block 2, Lots 1-14, Pelican Shores,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 District's 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. All 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 Applicants 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 Districts 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,dining 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 preeMent 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 future 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
Applicants expense.
13.4 "As built"mylar map certified by Applicants 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 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 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 IDIDIUNITY. 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 3 2
12-1(O ST. IN S TATION DISTRICT
By ye�r -
President
436 Coffman Street
Longmont, CO 80501
ATTESTED:
ger
TATE OF COLORADO )
)93.
COUNTY OF BOULDER )
The foregoing instrument acknowledged before me this f2 of 04161(.1n 200
by (, O 2ftace Cr as President, and the Secretary o t. Vrain Sanitation District.
Witness my band and official seal.
My commission expires: / t t/0 5 .
Public
;,--,),-.OO1.Ari. '1'� APPLICANT_
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1t,�'�•.AFB��O p0; Address: lac a Mt e
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By
Title C`lW�Ovvvt.ayyt_o
A S .
Secretary
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STATE OF COLORADO )
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COUNTY OF n Il rk
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cyCThe foregoing instrument was acknowledged before me this da o7k Y Z 200 by
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Witness my hand and official seal
My commission expires: � 5/LS-
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Notary Public :.
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RESIDENTIAL SUBDIVISION SERVICE AGREEMENT ri
1. PARTIES. The parties to this Agreement are the SAINT VRAIN SANITATION DISTRICT
("District")and River Runs Through It,LLC. ("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 Block 1,Lots 1-26,Pelican Shores,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 District's conditional commitment is
subject to the availability of such connections at the time the Applicant purchases
such conditionally committed connections in hill 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
Io 7
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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. All 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 anreptance,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. MI 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 fixture 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 transfer,ed 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 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 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 3 /Z 7 rl1-
ST. N,......1_3114,_NITATION DISTRICT
By
President
436 Coffman Street
Longmont, CO 80501
ATTESTED:
STATE OF COLORADO )
)ss.
COUNTY OF BOULDER )
The foregoing ins was acknowledged before me this i t—tHof Y\&aS'L�1 200 'rL
by kza\\2f e C as President, and the Secretary of St. Vrain Sanitation District.
Witness my hand and official seal.
My commission expires: 13'a,1 055 .
.40.1------
No y ublic
▪ ''''''''''''''''' 1' APPLICANT:
Ec j `,Cl
/• fp• 4• �Bt �G�. Address: ?'o *cry.. n.1.-3e,
`
ttE` ' • .. .. •4 ' n- &. C ' %4Fzsta
\O, COLS=
By neoG-"ter-E-)___
Title Naa.-s.esk
A ST:
' Se
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..•••••• a
STATE OF COLORADO )
)ss.
COUNTY OF7)al.C k
The foregoing instrument was acknowledged before m this 2 7 day of q L 00 ,by
)Ou nH Q � M C1 /l Lin '`}��tA wi n A.) AA/>
Witness my hand and official seal /
My commission expires: � Z c U S
�[ i,9C �L�J1'
Notary Public
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Section 30.28.133,Id1, C.A.S. requiro., that the applicant submit to the County,'Adequate evidence that a water supply that
is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water.
hNAME OF DEVELOPMENT AS PROPOSED
Pelican Shores PUD
2. LAND USE ACTION Change of Zone — PUD/R-1
3. NAME OF EXISTING PARCEL AS RECORDED River Runs Through It, LLC
SUBDIVISION N/A FILING BLOCK LOT
•
4. TOTAL ACREAGE 240 5. NUMBER OF LOTS PROPOSED 40 PLAT MAP ENCLOSED) YES
6. PARCEL HISTORY • Please attach copies of deeds, plats or other evidence or documentation.
A. Was parcel recorded with county prior to June 1, 1972? 12 YES O NO —�
B. Has the parcel ever been part of a division of land action since June 1, 1972? O YES El NO
If yes, describe the previous action
7. LOCATION OF PARCEL • Include a map deliniating the project area and tie to a section corner.
S12 OF NE and SE 1/4 •
IN 3}k SECTION 36 TOWNSHIP 3 LE IN OS RANGE 68 DE IZ W
PRINCIPAL MERIDIAN: 12 6TH O N.M. O UTE 0 COSTILLA
8. PLAT • Location of all wells on property must be plotted and permit numbers provided. None/N/A
Surveyors plat O Yes 0 No If not, scaled hand drawn sketch O Yes O No
TIMATEO WATER REQUIREMENTS- Gallons per Day or Acre Feet per Year 10. WATER SUPPLY SOURCE
0 EXISTING O DEVELOPED 0 NEW WELLS -
WELLS SPRING PROPOSED AOUFERS )CHECK ONO
HOUSEHOLD USE # 40 of units 150 GPO AF WELL PERMIT NUMBERS ❑AvuvuI O UPPER ARAPAHOE
❑UPPER OAWSCW O LOWER ARAPAHOE
COMMERCIAL USE # of S.F. GPD AF ❑LOWER OAWSO O LARAMIE FOX HIOS
❑DENVER p DAKOTA
❑OTHER
IRRIGATION # of acres GPD AF
STOCK WATERING # of head GPD AF O MUNICIPAL •
O ASSOCIATION WATER COURT DECREE CASE NO.'S
OTHER •
OGPO AF ❑ COMPANY
El DISTRICT
I TOTAL 6,000 GPO AF NAME Central & Little Thompson
LETTER OF COMMITMENT FOR
SERVICE OD YES O NO
11. ENGINEER'S WATER SUPPLY REPORT col YES 0 NO IF YES, PLEASE FORWARD WITH THIS FORM. (Ns may be required before our review is completed.)
Enclosed letters from both water districts
12. TYPE OF SEWAGE DISPOSAL SYSTEM
SEPTIC TANK/LEACH FIELD $1 CENTRAL SYSTEM - DISTRICT NAME St. Vrain Sanitation
"OON O VAULT - LOCATION SEWAGE HAULED TO
❑ ENGINEERED SYSTEM (Attache copy of engineering design) ❑ OTHER
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