HomeMy WebLinkAbout20021660.tiff Kim Ogle- Re: Siegrist- Riverdance P Page
From: LEE Morrison
To: Kim Ogle
Date: 2/1/02 10:29AM
Subject: Re: Siegrist- Riverdance PUD
I confirm the adequacy-
Lee D. Morrison
Assistant Weld County Attorney
915 10th St., PO Box 758
Greeley, CO 80634
(970) 356-4000 x 4395
FAX 352 0242
>>> Kim Ogle 2/1/02 10:26 AM >>>
Lee
I am confirming that the water agreement with Little Thompson Water District and Riverdance Land
company has been reviewwed and approved by your office. I have a copy of the signed agreement in
hand, but no memorandum is in the file. Thanks for your help
Kim Ogle
Planner III
Weld County Department of Planning
970 353 6100 x 3540
970 304 6498 facsimile
kooleco.weld.co.us
r
Ixr I,IT
I 4245
2002-1660
k= 875 West 64th Avenue
la. .. Denver,Colorado 80221
[�� Phone(303)427-84722 Fax(303)427-8542
SIEGRIST COMPANIES
b4re;d Ccunty Planning Dept.
January 08, 2002
Weld County " i IAN 1 1 2001
Weld County Attorney's Office 4 ;;;
Mr. Lee Morrison RECEIVED C_ ;
P.O. Box 758 WELD COUNTY
Greeley, Colorado 80632 ATTORNEY'S OFFICE
RE: RiverDance PUD
Dear Lee:
Please find attached a signed copy of the water main extension agreement. This should
replace the unsigned copy a sent you several weeks age.
If you have any questions, please call.
r
Sir•.'e y,
l
i
Michael U. Siegrist
President
4/
4M(}/
_ S'EGRIST 875 West 64th Avenue
D
_ Phone C(303)427-8472
Fax(303)427-8542
SIEGRIST COMPANIES
December 13, 2001
Weld County
Weld County Attorney's Office
Mr. Lee Morrison
P.O. Box 758
Greeley, Colorado 80632
RE: RiverDance PUD
Dear Lee:
Please find attached documentation of water and sewer service for the above referenced
project.
Sanitary sewer service will be provided by St. Vrain Sanitation District. RiverDance
participated in the North Line Extension. Our participation was $241,073 of the total
project cost of$2,271,734. The north Line Extension is complete at this time and payment
for the total amount of our participation has been made to the district. The North line runs
through the RiverDance development. In addition to our participation in the North Line
construction, we have executed a Residential Subdivision Service Agreement. I have
attached a copy for your reference. Also attached is St. Vrain Sanitation District's
commitment to service the project.
As you may recall, there was orginally concern as to the current capacity of the original
sanitation plant. As the Letter of Commitment states; a new 3.0 MDG plant is currently
being constructed and will be complete by March of 2002.
Water service for the RiverDance development will be provided by Little Thompson
Water District. A letter of commitment is attached for 650 residential lots and 50
commercial lots.
Currently, a metropolitan district, St. Vrain/66 Metropolitan District, is being formed by
several property owners in the area. One of the primary reasons for the metro district is to
complete off-site water system improvements for the area. JR Engineering has completed
a cost analysis for St. Vrain Metropolitan District which includes $5,083,795 for off-site
water system improvements. I have attached a copy of the report for your information.
Based upon the information compiled by JR Engineering the district is currently being
formed and bonds for the improvements will be sold after the May 2002 election.
AlID�
RiverDance has also entered into a separate Line Extension Agreement with Little
Thompson which provides for the off-site water improvements should for some reason the
proposed St. Vrain Metropolitan District not be formed as planned. I have attached a copy
of proposed line extension agreement for your review.
If you have any questions, please feel free to contact me.
Sine
//Mlc ael U. Siegrist
President
-- cc: Vern Nelson
a-
-
— Agreement for Water Main Extensions JAN Q 8 2002
r.act cement, male and entered into this 7th day of Der-amber MX 200.1by and Ietween LITTLE
"I.uAll'SONIVATLIa Dm It ICI,(hereinafter caned the a,rd RiverDance Land Co. LLC.
it-Maher called ••Custom,ei". is upon the following terms and conditions, to-wit:
I. The District is organized as n special disc ict under laws of the State of Coloradosetving treated water within the Dist it as may now be
cst;Ibli shed, or as herciliahet established.The Customer is either a taxpaying elector within the District,or desiin to ,ccei ve wane so vice
"'td to join the Dist'let. -
2. The Customer disites iv obtain water service for the "property" described in tins Agreement.
3. The Cuslunter shall pay for and provide all water mains either within or without the boundaries of the Dist,in in order to provide
,Water service to the proper try; but the District may construct said nalns,or the District may approve construction by the Customer,or the
nttmer's coon actor upon terms approved by the District.
A. The Dis❑it oust approve such construction by the Customer,or the Customers contractor by a writ ten ant cement;um itling for
the terms of such installation, including requirements that the riarerials used shall meet all standards of the District and than
.� providei for insert tion by tlhe Dist,ict of the construction of such water mains."Flue cost of all cousrturrion shall be paid by the
Customer to the Uisu ict.
II. A deposit in the amount hereinafter provided shall be paid by the Customer to the Dist,ict as:m advance tmv:m ds the eotlstruction cost of the District fnr such installation.Alter completion of all construction and acceptance by tine Dist'icl,a l basal adjustment of
costs will be wade, if 'recesssry. In the event that ir is determined that the deposit is ins.stfirlrnt !c, cover hisr es:inratetl test of
construction, then the Costumer shall pay to the District, on demand. additional advances towards the cost of construction.
C. If the installation is constructed by Ilse Customer, or the Customer's contractor,the Customer shall transle, all right, title Mott
interest in and to the lacilities installed as well as all euxeoens and appurtenances and other access:Ity property rights to the
District by good and sufficient assignment or bill of sale or general warranty deed.Such transfer shall be made her and clear ofall
liens and encumbrances, and the Customer shall furnish sufficient evidence of title or a"form IOU"tit le policy if required by the
Uisu ie.The Customer shall furnish mechanic's lien releases or a good and sufficient petrol mance and payment bond pursuant to
the Grlutado Mechanic's Lien Law in older to insure that all construction costs have been paid in ltd I. All labor and matetial.s
— shall be warranted for defects of any kind by Customer and Customer's contractor for one year hum the date of ac-ceptance of such
facilities by the tvtuter,acceptance of such facilities.'Die 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 Agn•(mm•m and all other
conditions Inert-dent to the acceptance of due facilities, the District shall approve and accept the transfer and shall thereafter
�—� assume opetation and n,airstrrlance of the lines. Ii Ito event shall the District assumeownerslhip,operation or maimtena,ceof any
) installation on the service side of the metering installation for the property.
r. rat•District will provide.se,vice in accordance With its rules and regulations and line extension policies as now adopted) or as may be
tt•nr:titer adopted by the Dish ict.The Customer shall commence payment of established rates of the District.including minimum fees,on
s"'date of installation of a tap and water is available for use at the tap.
. The Uisu ict.p osuam to the tours of this Agreement, will only be obligated to serve the tap size down on this /lip cement.
'G. Thet•r"isof this Agirrune,t shall apply to the property described belch,.and the taps hereinafter provided may be used only upon said
'wpcny.The patties Reeto :truce that this Agreement shall be treated as personal property and riot 'cal ptoputy.
. 'Ilie Customer shall provide the District with au aecuratecopy of the final plan of the property to be served by the Disc,ict.If the plan
si be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in
-nit h the development is .sittuued must be provided to the District.
Jr Customer hereby grants to the Dist ict to right to enter upon the land of the Customer and on the propel ty as het c•in desrr ibed to
spurt,operate and maintain the facilities herein described, together with the full tight of ingress and egress,and to cut and trim trees
sin ubbery•to Me extent necessary. 11re Customer shall obtain and convey to the Dist,Is all casements ret,....ed by die Dist,ict,and the
ism hci shall not be responsible for any delay in providing service in the event of failure to providesuch easements.FIndict himne,failure it)
yariJr nsenrnts Iegrtii'l by the District will cause this Agreement to become null and void and of uo fin trier lace and effect,and the
touter shall lot hit all money or t;gilts theretofore transferred to lie District.
br facilities herein(lest,ihed ale required by the Customer, by dale het el:trller staled. In the event t he District costal is the facility,the
ism ict shall use reasonable diligence in providing said facilities by Ilhnt date. If said facilities cannot he installed lice:r rise of act of Cod,
;•rumental audio'icy, action of the elements, accident,strikes, labor trouble. inability to secure matet ial,or equipmt•u t, or any cause
ml the rcasona ble tonuol of the District, the District shall not he liable therefore or for damages caused t hereby.
In the event the Tilsit ict installs the facilities, the District shall install the facilities described herein in accmd:mce with good
'glinting p,aeliee alter to Ctisromcr has established property lines, cut streets, alleys and casements to final glade and prior to the
—rig of.sit eels,and dhr construction of curbs and gutters.The Customer shall reimburse the Dist,in for any expense due to subsequent
Mgrs by rile Costumer.
if. Water service shall be ptovided to Customers located within the propel ty at to Dist,ices applicable rtes, and upon tams and
millions now in effect or at the ratty and under the tams and conditions as may be hereafter beadopted by the Disu ict and upon he rules
uegulacinns as now estiblishedor as may hereafter be established by one Uistrict.No water service may be obtained except upon p,()petty
idol within the bound:it its of the District.Customer agrees that no other person shall be per ndtted to use water pi inbred by the taps
—*"eset i bed.
—
l the event that construction of the water nmius is nut completed by lire Customer or the Customer's contractor on or before 2 years
r the date of this Agreement, then this Agreement shall become null and void.In such event,the District may.set off against thedeposil
in provided for the amount of its expense and rrttun die balance of such deposit, if any,to the Customer.Custmner:truces to pay all
pens(' inrut red by the Dist'ict in excess of such deposit. _
^1r Inti st?no
i‘ps.poi •
Appendix 9 Co T.TWD
ear:r t 4.14 Rules and Regulations
•
Agreement for Water Main Extensions
1 taste if inapplicable.) In order to off set the cost of water to supply the property herein described,the Cusiomer,rgiees tosell to the
ire ntunbcr of art e-foot•mrfts of the Notthe , Colorado Water Conservancy District. Loveland, Colonndn, w:ter I iglus at the
t fur each unit.hetrivaher described.Customer shall not receive cash for such units Itan.sfericd to the District,but the later valucof
Mill as herein stated shall be applied to the tap price establisher by the Dist]ice upon the date of Insmllatiotr of each .such tap.
i. TheDfsit it agrees mallow installation of the number of taps heseinaftr,r provided within the abovodtscribrd;impel ty.and each tap
II nun exceed 3/1 intires. Nu raps will be served by the District until all of ire termsand conditions of this Agteeuu'tt have been fulfilled
r"Customer. including flimsier of the above-deiceri bed water rights:lite taps may not be toed on any proper tyurlt° than that described
r n•ithotil the ellptrss ill iur wu iflesr consent of the District to such transfer.Any.such transfer shall be made to property owned by the
..purr, and such properly. and tare Ccustomer, shall meet all aces, regulations mid requirements of for Disnit I in older to athirst a
rr.sMd unnsfer. Any Iigirt ID receive a tap option or water riglus credit under this Agreement, whether upon the above-described
—rry,or at any other place..drill expileand become null and void 20 years honk the date of this Agreement.Cnn.trlmm9 may not encumber,
age or collaterally assign the taps without the pi for written consent of tare District tlrcreio.hr all other respects the taps or water I fights
shall be ttened as per soot pi operty.
i. fleenue installation of twain facilities to the below described property may benefit properly owned by otter Customer of the
"".I, the District 'nay pay tap relates l0 the Customer upon receipt of a hilly paid tap Ice from another patty to serer proper p• not
led within lit•bylaw desti Hied properly.Th ese lap r ebates will be paid in:record:ti ce with the District hides and lac
r. Regulations Clint
he
uouhrr should familiarize themselves with this portion of the aforementioned Rules and Itrnulaninns.The pal ties linen]agree at nd.t will he made for a per iod of 5 years born the date of this Agreement and that upon expitation o(s:id5 year tx'itxl.the Dish iil.slrall
—o Int then obligation to nt;eke refunds.The total amount of ilre tap rebates will not exceed the Customer's cost for the improvements.
Thr Customer agrees Its abide by all rates established and I ules aril regulations of the District as now established or as may hereafter
r inhibited by tire l)isu ice.District shall not be liable for any injuryor damage for failure todeliver water fm any reason including but not
(et' to w;rr, riot, instill ect ion, Act of Cod, or breaks or failure of the water system.
No agent or representative of the District has the power to amend, modify. alter or waive:my provisions of rids Agreement. Any
SC'. agr reniems, or rcpt t•scmations made by any agent or representative of the District not herein set fur th shall be void and of no
ler fusee and effect.
I 'i ire Customer understands lint agrees Ihar all amounts due under the terms of this Agreement, :ts well as all Ices, tales, tolls,
it's, or merges for server es, iimgralrs, or facilities furnished by the Disci let constitute a perpetual lien on the property herein
red,and that sin It lien may be lot eclosrd in the same manner as pun/hied by the laws of the State of Colorado for tlhe foreclnsm cot
h;uric's lien.t.§32 I.IOl)I(I)(j),C.R.5. 1979 (1981 amendments). In tlhe event Customer fails to abide by;uly of the tern or conditions of
„ay f•nsent, Cusrommer age ell no pay all costs and expenses incurred by the District as a result of lire bleatll including direct and
liar damages. loss of revert tie, attorney fees, coon t costs. expert witness fees and other expenses.
slams Agreement shall he binding upon and Mule to the benefit of the heirs, personal s sentativ. ,surcessm.s and assigns of the
ilinreeo• Except as provided her cin, the Customer may not assign all or arty par any interest in It 's Agreement lu any per son.
Vi'I'NESS WI IL•REoF, the par tics hereto have set their signatures the da rid ye. first above writ( it.
Lrl" E'1' UNII'SON WATER DISIRIcr US'1ON 'It
14/%W't'/tithicr It
Mailing ddiess: 875 West 64th Ave.
Itatified by LTWD Board of Ditcciors on:
Denver, CO 80221
/— 3-'z-
Telephone: ( 303) 427-8472
ad Esmie Desrripuim, fur Agucernetri ("properly'7:Part of section 35 and part of the west 1 /2
of section 36, township 3 north, range 68
west of the 6th pm, Weld County Colorado.
Note: See attachment A and B for additional detail.
'um of Deposit S
tie Customer nerds ant irides: To be determined
•
t ber of Northern Colut ado Water Conservancy District units transferred to District:
Ice per unit of Nor Mein Colorado Water Conservancy District water:
•—Sire:5/8 x 3/•1 inches.
Ikg. of taps to be installed: ,
,,vidcd?__Yes No
i h her of new fire hydrants: ,
re for hylh:uus: I
Appendix 9 to LTWD
inns'21n Rules and Regulations
pm _.
hgr 2nf2
Attachment A
Agreement for Water Main Extension
Little Thompson Water District & RiverDance Land Co. LLC.
1.0 Cost of Improvements: Estimated costs for infrastructure improvements are
detailed in Attachment B. Estimated costs are in accordance with Little Thompson's
Water Service Commitment Service Letter dated May 30, 2001. In accordance with 3(C)
of the Agreement for Water Main Extensions, the customer will be responsible for all
costs of said improvements, subject to monetary rebates established by the Little
Thompson Water District and cost sharing agreements between RiverDance Land Co.
LLC, other customers and the District which may be negotiated at a later date.
2.0 Estimated Costs: The amount set forth herein are good-faith estimates based
upon current construction costs based upon commonly accepted industry standards and
are expressly subject to final adjustment based upon actual construction costs.
3.0 St. Vrain/66 Metropolitan District: The formation of the St. Vrain/66
— Metropolitan District is currently being pursued by several land owners in the area south
of SH 66, east of I-25, west of WCR 13 and north of the St. Vrain river. Should the
district be formed and a IGA developed between the St. Vrain/66 Metropolitan District
and the Little Thompson Water District, to install water infrastructure to the area, this
agreement shall become null and void.
—
Attachment B
—
Off-Site Infrastructure Improvements -RiverDance Development
1) New Vault at WCR 29 &WCR 9 1/2 and 12" loop from SH 66
— 1 12" DIP 7,000.00 Foot $27.00 $189,000.00
2 12"Valve 1.00 Each $650.00 $650.00
3 Air Release Valve 1.00 Each $2,500.00 $2,500.00
—
4 Blow-off Hydrant 2.00 Each $1,800.00 $3,600.00
5 Ditch Crossings 1.00 Each $8,000.00 $8,000.00
6 Hwy 66 Crossing 12!:00 Foot $230.00 $27,BDD.U0
7 Pressure Reducing Vault 1.00 Each $30,000.00 $30,000.00
— 8 Connect to Existing Lines 1.00 Each $5,000.00 $5,000.00
Subtotal $266,350.00
—
Contingency 15.00% $39,952.50
Total Construction Costs $306,302.50
Engineering Cost 5.50% $16,846.64
—
Legal/Administrative Costs 3.30% $10,107.98
Construction Observation 2.20% $6,738.66
Easements 1.33 Miles $135,000.00 $179,550.00
Total Costs Looping and Vault $519,545.78
2) -WCR 38 to WCR 28
—
1 12" DIP 29,040.00 Foot $27.00 $784,080.00
2 12" Valve 6.00 Each $650.00 $3,900.00
— 3 Air Release Valve 7.00 Each $2,,500.DD $'17,50DAD
4 Blow-off Hydrant 6.00 Each $1,800.00 $10,800.00
5 RR Bore 100.00 Foot $230.00 $23,000.00
6 Ditch Crossings 5.00 Each $8,000.00 $40,000.00
—
7 Road Crossing 5.00 Each_ $3,000.00 $15,000.00
8 Hwy 66 Crossing 120.00 Foot $230.00 $27,600.00
9 1-25 Crossing 301:00 Fodt $230:00 $6D,DD0.U0
"— 10 Pressure Reducing Vault 1.00 Each $30,000.00 $30,000.00
Subtotal $1,020,880.00
Contingency 15.00% $153,132.00
—
Total Construction Costs $1,174,012.00
Engineering Cost 3.30% $64,570.66
— Legal/Administrative Costs 3.30% $38,742.40
Construction Observation 2.20% $25,828.26
Easements 5.50 Miles $135,000.00 $742,500.00
—
Total Costs 12" Extension $2,045,653.32
Total Improvements $2,565,199.10
LITTLE THOMPSON WATER DISTRICT
JDIRECTORS:
Tom Reynolds May 30,2001 Telephone(970)532-2096
President 135 E.JEghwq 56
Leo Bike]
Drawer G
Keith Cmonquia Een.lew CO10513
Robert Unto
Dean Dun Mdaron
Cary I.Solomooson
lames Strohe],
MANAGER �d di �E€k
k= !
Richard RR whines
$
pee
Michael U Siegrist
RiverDance Land Company, LLC.
875 West 64th Avenue
Denver, Colorado 80221
Dear Mr. Siegrist:
.. This letter is in response to your request for an updated water service commitment for your
RiverDance project. The proposed project includes up to 650 residential lots and 75 acres of planned
employment center that may be divided in to as many as 50 commercial lots, the proposed subdivision
is located in the area described as follows:
PORTIONS OF SEC.35, T3N, R68W--WELD COUNTY, CO
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 a 24" diameter water line located along Weld County Road 38 with
additional capacity available. Little Thompson Water District can commit to provide service to the
above property, subject to the limitations in this letter, for one standard 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 completion of the
main line extension agreement.
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.
e•••••••
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. There is a $2,000 fire hydrant fee, per hydrant, 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. In order to provide the required flows to the subdivision you will be required to install
a minimum of a 12" Dia. water line connecting the existing 24" Dia. water line located
at I-25 and WCR 38 to the water lines in the area of your subdivision. You will be
required to install water lines that are sufficiently looped and gridded to meet the fire
flow requirements through out your proposed development. The water supply study
that was done in 1999 for the portion of the MUD ( and proposed area around the
MUD) indicated that a grid with an 18" Diameter line and 12" Diameter lines on a '%
mile spacing would be appropriate to meet the needs of the proposed development.
The District may wish to oversize a portion of these lines for future needs. Other
options for providing the required flow to the area may be identified and considered by
the District prior to construction of the 12" Dia. Line.
6. You will be required to provide the needed water lines in the proposed subdivision.
7. The design, installation and total cost of the project will be the responsibility of the
developer.
J 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 $14,000.00. YOU ARE HEREBY ADVISE]) 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
cok
District Engineer
Li
-4.1 St. Vramn
SANITATION
DISTRICT
05/02/2001
Mr. Mike Siegrist
Siegrist Companies
875 West 64h Avenue
Denver, CO 80235
Re: Riverdance
Located in a portion of Sections 35 and 36,T3N, R68W of the 6th P.M.Weld County, CO.
Dear Mr. Siegrist,
This letter reaffirms the commitment of Saint Vrain Sanitation District to serve the development on your
property described above.
The property described above lies within the 208 service area of the Saint Vrain Sanitation District. The
property is included in the District Saint Vrain Sanitation District will provide sanitary sewer service to
the proposed development,subject to the following conditions:
410
• Completion of facilities to increase treatment capacity, if needed(see below),
• Completion of necessary connection agreements,
• Receipt of applicable fees, and
• Service will be subject to the rules and regulations of the Saint Vrain Sanitation District
Construction has begun on the Districts new 3.0 m.g.d. treatment plant. Completion is anticipated in
March of 2002.
If l can be of further help, please call.
Sincerely,
ark /w
A Peterso
n
'strict Manager
St Vrain Sanitation District
1 C:1My Documentseovelopments1Rivrdancolrvrdanswilserve3.doc
436 Coffman Street Suites 203&204 P.O.Box 908 Longmont,CO 80502-0908
Phone:(303)776-9570 Fax:(303)774.2349 Email: mark@stsan.com
RESIDENTIAL SUBDIVISION SERVICE AGREEMENT
1. PARTIES. The parties to this Agreement are the SAINT\TRAIN SANITATION DISTRICT
("District") and Riverdance,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 Riverdance,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 700 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
conunitted 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
availability of connections,and that the District is under no affirmative obligation to
I of7
C:\My Documents ladministrationASUbdivisiol Service Agreement081301.doc
ONS
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 acceptance,this Agreement shall operate as a
sale, conveyance,transfer and assignment by the Applicant of all Applicant's interest and
ownership in said lines and property to the District, free and clear of all liens and
encumbrances, and shall warrant that the work has been done in accordance with the laws of the
State of Colorado, and all other governmental subdivisions,agencies and units and in
accordance with the design standards and requirements of the District. Applicant shall
guarantee the lines as installed against faulty workmanship and materials to the District for a
period of two years and shall, during said period,pay all cost and expense of repair or
replacement of said lines. Upon completion, approval, acceptance, conveyance and transfer of
lines and facilities to the District,the District shall assume all responsibility thereafter, and all
cost and expense for operation and maintenance except as to the above two-year guarantee.
Completion of construction, inspection,approval and acceptance by the District,transfer of
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lines and facilities to the District,payment of all construction costs and expenses required to be
done and paid by the Applicant are conditions precedent to the obligation of the District to
furnish and provide sewer service.
10. EXTENDED AND OVERSIZED LINES. Applicant shall be required to pay for installation
of a trunk line extension to connect Applicant's sewer infrastructure to District facilities.
District agrees to execute a Line Extension Agreement with the Applicant to reimburse the
Applicant for the cost of such trunk line extension according to the terms of the agreement.
If the 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 fifteen years from and after the date
of this Agreement, but not thereafter, to pay to Applicant 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 tall 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
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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
no wise be construed as an agreement or obligation of District to serve such other
lands or areas proposed by the Applicant for such future development. All
�- information required to be furnished to District by Applicant shall be provided at
Applicant's expense.
13.4 "As built"mylar map certified by Applicant's engineer depicting all lines,manholes,
etc. constructed, installed, and transferred pursuant to Paragraph 9 above.
13.5 "As built "AutoCadd file certified by Applicant's engineer depicting all parcels,
subdivision boundaries, non-sewer utilities, sewer lines, manholes, etc. in plan and
profile, constructed, installed, and transferred pursuant to Paragraph 9 above.
13.6 The bid tabulation of the winning bidder including sewer line elements and their unit
costs.
14. DELAYS. Any delays in, or failure of,performance by any party of his or its obligations under
this Agreement 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
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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
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 EFIeLCT. 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.My 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.
C\My Documents nedministradon\Subdivision Service Ageement081301.doc
/
DATED /Z//7// .
/// ST. TATION DISTRICT
By
President
436 Coffman Street
Longmont, CO 80501
ATTESTED:
anager
STATE OF COLORADO )
ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this 1"/ of ta2c.Ct"tba/200 I ,
by L I2ct. F}. e ran\ as President, and the Secretary of St. Vrain Sanitation District.
Witness my hand and official seal.
My commission expires: S/a�o5
..� otary Public
i •
0: O4. � 'r, APPLICANT:
I •
•� ,>* rV y�p?,'��% Address: ;�c w _ tee•
By
Title F //Ann)
ATTEST:
6ofl
CAM),Documents\administration\Subdivision Service Agreement081301.doc
Secretary
STATE OF COLORADO )
) ss.
COUNTY OF [Jov� / )
The foregoing instrument was acknowledged before me this 19 day of Dec. 200±_, by
La c_.7 `T, �,� 11
Witness my hand and official seal
My commission expires: S O2 i O 5 •
Not Public
1
•
y1,, •1G'L1
7017
C.\My Documents\adminishabon\Subdivision Service Agreement081301.doc
— rant n[
Exhibit A
RiverDance PUB
Property Description
as prepared subsequent to a monument
Land Survey
A tract of land located in Section 35 and the West half of Section 36, all in
Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, more
particularly described as follows:
Beginning at a point which lies South 00'42?37? East 29.97 feet from the North
quarter corner of said Section 35, said point being at the intersection of the
southerly Right of Way line of Weld County Road No. 28 and the West line of the
northeast quarter of said Section 35;
` thence NORTH 89'16'17"
EAST 2655.48 feet aln said line to the East line of said northeast quarteroof said SectitioonHy35 Ight of Way
thence departing from said southerly Right of Way, SOUTH 00'15'51" EAST
1307.64 feet along the East line of the northeast quarter of the northeast
quarter of said Section 35 to the southwest corner of the northwest quarter of
the northwest quarter of said Section 36;thence NORTH 88'43'28" EAST 1322.30 feet along the South line of said
•
northwest quarter of the northwest quarter to the northeast corner of the
southwest quarter of the northwest quarter of said Section 36;
thence SOUTH 00'17'42" EAST 1332.00 feet along the East line of said southwest
quarter of the northwest quarter of said Section 36 to the northeast corner of
the northwest quarter of the southwest quarter of said Section 36;
thence SOUTH 00'17'26" EAST 1334.81 feet along the East line of said northwest
quarter of the southwest quarter to the southeast corner of said northwest
quarter
SOUTH 88"21'20 southwest WEST 1323.821 feet along 3tthe South line of said
northwest quarter of the southwest quarter to the southeast corner of the
northeast quarter of the southeast quarter of said Section 35;
thence SOUTH 89'15'46" WEST 523.21 feet along the South line of said
northeast quarter of the southeast quarter of said Section 35;
thence SOUTH 72'39'18" WEST 825.84 feet;
thence SOUTH 66'34'06" WEST 1420.67 feet to the West line of the southeast
quarter of said Section 35;
thence NORTH 00'42'39" WEST 21.71 feet along said West line to the northerly
line of the properly as recorded in the Weld County records in Book 1309 at
Reception No. 2261418 and Reception No. 2261419;
thence SOUTH 77'43'20" WEST 2395.14 feet along said northerly line to the
easterly line of the COOT Right of Way;
thence along said easterly Right of Way line the following courses:
NORTH 89'56'30" WEST ST
9.72 feet
SOUTH—
114.85 feet
NORTH 00'01'30" WEST 186.00 feet
•
366.58 feet along the arc of a curve to the left, said curve having a radius of
3NORTH 06'14'22" WEST 379.77 feet and a long chord which bears North 0307'56' West 368.40 feet
—
288.25 feet along the arcczoff7af curve to the right, said curve having a radius of
3182.89 feet and a long chord which bears North 0340'24° West 288.15 feet
NORTH 01'04'44" WEST 463.50 feet
thence departing from said easterly line of the CDOT Right of Way,
SOUTH 88'39'48" EAST 82.41 feet
NORTH 00'11'21' WEST 379.20 feet
NORTH 88'10'49" EAST 185.78 feet
NORTH 00'56'35" WEST 172.26 feet
•
NORTH 82'52'56' EAST 590.65 feet •""
NORTH 04.19'08" WEST 284.10 feet
NORTH 89'31'10" EAST 1708.33 feet.to the West line of the northeast quarter of
saki Section 35; .:
thence NORTH 00-42'37" WEST 2327.59 feet along said West line to the Point of
' beginning,
Contains 486.75 acres, more or less.
.� 4
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