HomeMy WebLinkAbout20020518.tiff LITTLE THOMPSON WATER DISTRICT
DIRECTORS. Telephone(970)532-2096
Tom Reynolds April 11, 2001 835 E.Highway 56
President Drawer G
Leo Bake' Berthoud,CO 80513
Keith Croonquist www.ltwd.org Boggio `° B
Dean Anderson
Carey 1 Salomonson
James Stroh
IRIhardHh Weld County Planning Dept.
Richard H.H.Minn
2001
ECEIVED
Francisco Garcia, Jr.
914 N 5th Street
Johnstown, CO 80534
Dear Mr. Garcia:
This letter is in response to your request for a water service commitment for up to 5 residential
lots, in the proposed subdivision described as follows:
PORTIONS OF THE NE ' , SEC.6, T4N, R68W--WELD COUNTY, CO
At WCR 3 South of Hwy 60.
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 a6" diameter water line located along Weld County Road 3 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. In August of 1993 the Little Thompson Board implemented a "system impact" fee of
$1050 per lot for all lots to be added to the system. This is due upon application for the
taps.
r
EXHIBIT
2002-0518 1 ZZ
2. 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.
3. Little Thompson Water District requires the transfer of one share of Colorado Big
Thompson water for each lot in the commitment and then to pay for the rest of the tap
fees as the water lines are put in service. The developer then has the taps to sell with
the lots at the price that he sets.
4. 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.
5. The design, installation and total cost of the project will be the responsibility of the
developer.
6. The existing water line along WCR 3 is subject to a rebate of$1,000.00 for each new
tap connected to the water line. This will be collected by Little Thompson Water
District and rebated to the participants that built the water line
7. The one existing tap you have with the property will not be subject to the rebate or the
impact fee and would need to be installed on the new line at your expense.
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 $14,000.00. 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
- jig -�,---
�` Michael T. Cook
District Engineer
FROM : DESIGN/LEND COMPANIES OF PHONE NO. : 970 282 7123 Feb. 12 2002 04:13PM P2
Agreement for Water Main Extensions
- z
This agreement,made and,entered into this t� day of T��V IZ Y err by and between LITTLE
THOMPSON WATER DISTRICT,hereinafter called the"District"and PtielleJtcjr a 14Re-[.[
hereinafter called"Customer",is upon the following terms and conditions, to-wit:
I. me District teoeasns..d aria rp..'sl.14%mintinder laws of the State ofColotadoserving treated water within the District as may now be
estaoltsned.or ere tac,te{•wM.e...t:Ll.ed.The rr„r..a..,r, is either e,',wormmrt.lrrrnr within the District,or desires to receive water service
and to join the District.
Q The Customer tires to obtain water service for the"property"described in this Agreement.
9. The Customer shall pay for and provide till water mains either within or without the boundaries of the District in order to provide
water service to the property:but the District may construct said traits,sat tt,c aisu:q.•mar a p.'ovc,.,,.......��.:.,y J...Gusto,,,.,,--i-_ ._--__
Curiomer'6 contractor upon terms approved by the District.
A. The District must approve such construction by the Customer,or the Customer's contractor by a written agreement providing tor
the terms of such installation,including requirements that the material;teed Shall meet all standards of the District and that
provides for inspection by the District of the construction of such water mains.The cost of all construction shall be paid by the
Customer to the District.
B. A deposit in the amount hereinafter provided shall be paid by the Customer to the Diatriaasan advance towards the construction
cost of the District for such installation.After completion of all construction and acceptance by the District,a final adjustment of
toss will be made, if necessary- In the event that it is determined that the deposit is insufficient to cover the estimated cost of
construction, then the Customer shall pay to the District, on demand, additional advances towards the cost of construction.
C. If the installation is constructed by the Customer,or the Customer's contractor,the Customer shall transfer all right,title and
interest in and to the facilities installed as well as all easements and appurtenances and other necessary property rights to the
District by good and sufficient assignment or bill of sale or general warranty deed Such transfer shall be made tam andelear of all
hens and encumbrances,and the Customer shall furnish sufficient evidence of title of a"form 100"title policy if required by the
District.The Customer shall furnish mechanic's lien releases or a good and sufficient performance andpayment bond pursuant to
the Colorado Mechanic's Lien Law in order to it sure that all construction costs have been paid in full.All labor and materials
shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of acceptance of such
facilities by the w dtten acceptance of such facilities.The District,upon receipt of the documents of transfer and evidence of title,
shall consider whether to accept or reject the installation. If the Customer has complied with this Agreement and all other
conditions precedent to the acceptance of the facilities,the District shall approve and accept the transfer and shall thereafter
assume operation and maintenance of the l Ines.In no even titian the District assume ownership,operation or maintenance of any
installation on the service side of the metering installation for the property.
4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as may be
hereafter adopted by the District.The Customer shall commence payment of established rates of the District,including minimum fees,on
the date of installation of a tap and water is available for use at the tap.
6. The District, pursuant co the terms of this Agreement, will only be obligated to acne the tap size shown on this Agreement.
G. nn tis; "a_...,,.n..J.,,lt.r,r•tr,....s,.r,.,.r,.,repeie,,,.,rr.aph.v.ln vnA rhou.n.is heHina rra-nrnviderimav hit ssMnnlu uryxl talc'.
property.The parties hereto agree that this Agreement shall be treated as personal property and not real property.
7. The Customer shall provide the District with an accurate copy of the final plat of the property to be served by the District.If the pis
must be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in
which the development is situated must be provided to the District.
6. Customer hereby grants to the District the right to etas upon the land of the Customer and on the property as herein described to
construct,operate and rna,ntain the facilities herein described,together with the full right of ingress and egress,and to cut and trim trees
and shrubbery to the extent necessary.The Customer shall obtain and convey to the District all easements required by the District,and the
District shall not be responsible for any delay in providing service in the event of failure to provide such easements.Furthermore,failure to
provide easements required by the District will cause this Agreement to become null and void and of no further force and effect,and the
Customer shall forfeit all money or rights theretofore transferred to the District.
9. The facilities herein described arc required by the Customer by date hereinafter stated.In the event the District installs she facility,the
District shall use reasonable diligence in providing said facilities by that date, If said facilities cannot be Stalled beause of act of God,
governmental authority, action of the elements,accident,strikes, labor trouble,inability to scone materials or equipment,or any cause
beyond the reasonable control of the District, the District shall not be liable therefore or for damages caused thereby,
IC, In the event the District installs the facilities, the District shall install the facilities described herein in accordance with good
engineering practice after the Customer has established property lines,cut streets,alleys and easements to final grade and prior to the
paving of streets,and the consruaion of curbs and gutters.The Customer shall reimburse the District for any expense due to subsequen,
changes by the Customer.
I I. Water service shall be provided to Customers located within the property at the Disttict's'applicable rates, and upon terms and
conditions now in effect or at the rates and under the terms and conditions as may be hereafter be adopted'by the Districtand upon the rules
and regutadons as now established or as may hereafter beestablished by the District.No water service may be obtainedexcept upon property
included within the boundaries of the District.Customer agrees that no other person shall be permitted to use water provided by the tares
herein described.
W. In the event that construction of the water mains is not completed by the Customer or the Customer's contractor on or tnfore 2 years
from the date of this Agreement.then this Agreement shall become null and void.In such event,the District may setoff against the deposit
herein provided for the amount of its expense and return the balance of such deposit,if any,to the Customer.Customer agrees to pay all
expense incurred by the District in excess of such deposit,
151W FORM 210
tiev.May NS) rage 1 of 2
FROM : DESIGN/LEND COMPANIES OF L...4_0 PHONE NO. : 970 282 7123 i-. Feb. 12 2002 04: 14PM P3
)
Agreement for Water Main Extensions
•
I3, (Delete if inapplicable.)In order to off set the cost of water to supply the property herein described,the Customer agrees to sell to the
District the number of acre-fooauniu of the Northern Colorado Water Conservancy District, Loveland, Colorado, water rights at the
amount for each unit,hereinafter described.Customer shall notreceivecash for such units transferred to the District,but the total value of
such units as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap,
14, The District agrees toallow installation of the r umberof taps hereinafter provided within the above.desutibed property,and each nip
shall not exceed 314 inches.No taps will be served by the District until all of the terms and conditions of this Agrcementhaye been fulfilled
by the Customer,including transfer of the above-described water rights.The taps may not be used on any property other than thatdescribed
herein without the express prior written consent of the District to such transfer.Any Such transfer shall be made to property owned by the
Customer,and such property, and the Customer. shall meet ail rules,regulations and requirements of the District in order to achieve a
rrquert.d rrensfar. Any right to receive a tap option or water rights credit l meter this Aereemenl, whether anon the above-describe]
pmnerty.oral env Other place shall expire and neCOme nu I l and tibia 2.0 Years tram me Cate of eats Agreement Customer may ant earn m her
mortgage or collaterally assign the taps without the prior written consent of the District thereto.In all other respectsthe taps or water rights
credit shall be treated as personal property.
13, Because installation of certain facilities to the below described property may benefit property owned by other Customers of the
Diaeniet,the D;s,.:et any pay cap rebates to the Customer upon eea.:p,a•f a fully paid tap fee hens anetbar pgra'm colt..pee:.epty met
included within the below described property.These tap rebates will be paid in accordancewdth the District Rules and Regulations and the
r. .at..•r.. .A..e.e1..e, ..:ds .h.. r .L...f._.ae.e..i.e,..J rt..le. ease refunds will be made for a period of 5 years from the date of this Agreement and that uponcxptration of said s yesr pen od,the District shall
have no further obligation to make refunds.The total amount of the tap rebates wall not exceed the Customer's cost for die Improvement..
14 "fl.rattans.. ab:A. oil wri.•...kl:el,.,q.,ed pnl...n,4413414i47..d ph.T:er-:,-,a ahli.hea,. eke„.,(..
boa.ubli eked by the Nit car.. net.,.:.,.1e.1 no ,,,,e, " '^p^^1
1 ,or ea or rry,nMewwater system.
to dahema.,.,o.tn.enl..ew,en including Ism air:-
limited to war, riot, inSutrecefon. Act of Cod, or breaks or failure of the water rystem.
17. No agent o..<pre..atetiv<of the Dinriat has the paw,'w...,any modify, altar or.waive any p,e'c ',a.of this.-Isgeettment.Any
promises,agreements, or representations made by any agent or representative of the District not herein set forth shall be void and of no
further force and effect.
IS, The Customer understands and areal that all amounts due under the terms of this Agreement, as well as all fees.rates, tolls,
penalties, or charges for services, programs, or facilities furnished by the District constitute a perpetual lien on the property herein
eleteIbM, eat) .h apn..'sI:... •.,-.v he fnrrelntad in the same tY13.1tt,, tp.nviA,.rl Iythe laws inc the Gate msr„ln.aA,fN`the LnrMtr.st,m.,r
mementos steno,Js4.I.IWl(1)(jj,V.K.7. ta73{reel asetendruental.an tneeventVue4Veuet Latta ere abide uy.utyut we letuns tunottwnt os
this Agreement. Customer agrees to pay all coats and <xp_nace incurred by the District as a mauls of the breach including direct and
consequential damages, loss of revenue,attorney fees, court colts,expert witness fees and other expenses.
I9. This Agreement shall be binding upon and inure to the benefit of the heirs,personal representatives,successors and assigns of the
r. parties hereto. Except as provided herein, the Customer may not assign all or any part of any interest in this Agreement to any person.
IN WITNESS WHEREOF, the parties hereto have set their signatures the day and year first above written,
444.11 1...t l nOhnenujN Ail RA Lnsrit11;1 t.tJJLIlS1r.K
trik/1 ,41.411TeA _/ll� It.•. n.ArJa•tco G9nc
Mailing Armrest. 14' 4 arteaSwea( 3r-
Ratified by LTWD Board of Directors on: i.OtJ41410/3) Cc deg r�
/sLe1AGfA#/ !f yy (602... Telephone: qa 0 — V.01- .2A 4V-
1)Real Estate Description for Agreement ("property"):
GAK6.ylt P,v.f1
Nile, ' -c • 6 1-AN , it. 6giv wsc-P cflr/
2)Amount of Deposits N/! /
3) Date Customer needs facilities: if NAVewk q
4) Number of Northern Colorado Ware.Conservancy n;aerirr nnitekraa sterrel to tai uric(' _.. .
5)Price per unit of Northern Colorado Watts Conservanr/District water: vN Newlt.
6)Tap Six:5/8 x 3/4 inches.
3 e) etumDer of taps to be lnsuttletl: fV 1FW 7"jf'p S. 4. �,AiS nivoc Tla-n „L. ,j P.cr�ra:+,, o fleets,d rpm
R) Nat Provided? X Yes No
TaCBN41{%deCfl '1-f® TWE or:_
9)Number of new fire hydrants; 2'
10)Fee for hydrants: $
LTWD FORM 210
" (Pew Sby s6) Pat 2 of l
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