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Home My WebLink About20031517.tiff WATER SUPPLY INFORMATION SUMMARY Section 30-28-133.1d1, C.R.S. requires 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. ,NAME OF DEVELOPMENT AS PROPOSED yo 1J le(e PACIFIC CoMMrea- Pp, 2. LAND USE ACTION C .4,gA167E op. Zkoa,E / PE4 3. NAME OF EXISTING PARCEL AS RECORDED gbME51u4D czcznF'ICNi , !vo. 7c/3g 4 F cicmmal) 3 8420 SUBDIVISION FILING BLOCK LOT 4. TOTAL ACREAGE 3.570) 4/ 5. NUMBER OF LOTS PROPOSED /S-- PLAT MAP ENCLOSED EN 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? 2 YES O NO B. Has the parcel ever been part of a division of land action since June 1, 1972? 21. YES 0 NO If yes, describe the previous action !tcotoe0 ieeranoa ,✓o. 1201-24-Z.-t11yT FCR 'c- 1975 7. LOCATION OF PARCEL - Include a map delineating the project area and tie to a section corner. hl‘4.1 1/4 OF &kJ 1/4 SECTION ZL TOWNSHIP 3 j$ NOS RANGE &A L E ❑ W PRINCIPAL MERIDIAN: ® 6TH ❑ N.M. O UTE O COSTILLA 8. PLAT • Location of all wells on property must be plotted and permit numbers provided. Surveyors plat O Yes ® No If not, scaled hand drawn sketch ® Yes O No _STIMATED WATER REQUIREMENTS • Gallons per Gay or Acre Feat per Year 10. WATER SUPPLY SOURCE O EXISTING O DEVELOPED O NEW WELLS • WELLS SPRING PROMS*CURERS.(CHECK ONE) HOUSEHOLD USE a O of units GPD AF WELL PERMIT NUMBERS ❑Auuvut C UPPER AMPAHOE I 131000 ❑urVR OAWS0e C lawn AMPAHOE COMMERCIAL USE If 37,RcLnf S.F. t 3a GPD AFC0 lowEn oAwson C uMMu FOX wus 0 OMR C DAKOTA C OTHER IRRIGATION 4' $ of acres /00 NO GPO AF STOCK WATERING A O of head GPO AF ® MUNICIPAL O ASSOCIATION WATER COURT DECREE CASE NO.'S OTHER GPO AF O COMPANY EN DISTRICT TOTAL Z/3,000 GPD AF NAME Ut1tEllaupc a µ)HER LETTER OF COMMITMENT FOR SERVICE ga YES O NO 11. ENGINEER'S WATER SUPPLY REPORT 0 YES 21 NO IF YES, PLEASE FORWARD WITH THIS FORM. IThs may be required before our reviews completed.) 12. TYPE OF SEWAGE DISPOSAL SYSTEM 0 SEPTIC TANK/LEACH FIELD 2 CENTRAL SYSTEM • DISTRICT NAME ST UeAl/J SAAMImnGJ 4GOON O VAULT - LOCATION SEWAGE HAULED TO 0 ENGINEERED SYSTEM (Attach a copy of engineering design) O OTHER DCHBIT 2003-1517 10;02/2000 07: 52 '303"'7857 EWLJEF AuCIFY ".NC PACE 92/02 BOWIES PACIFIC INC. 1210 Comas-mu Ci)un A 3 t.+aveey co MOM nlnx,30349267858 Fsz 303-9267859 Oct. 1.2000 Louis Radamacher 13184 Weld County R.D. #13 Longmont,CO. 80504 Dear Louis, Thankvou for meeting with us to discuss your irrigation needs as we move toward development of ow 35 acres to the north of your 80 acres, As discussed, we are aware of approximately 15 acres you arc unable to irrigate due to continuing operations by the John Deere owners. Currently,the John Deere owners compensate you for loss of crops on that acreage in the amount of$2500 per year,due to expire next year when Sohn Deere returns irrigation service to this acreage. It is our understanding that you would be willing to continue this payment by our companies for 2 years or at such time that we can reroute your irrigation water through our detention pond in a satisfactory way to once again distribute it to your 15 acres. Thankyou for notifying us that your 80 acres are listed for sale and that upon sale this irrigation commitment may not be needed. Unless otherwise notified,our company remains committed to this proposal and will proceed as such. Thankyou for your time and please contact us if this subject requires further action or discussion at this time. Sl ie ely, i ohn Davis Mgr. Lyons 66 Pacific LW HORTON CAVEY g 'f lE o SALTY COMPANY ' ,, - ,c�• , L 'JMs1ERclA1. REAL ES-ATE BROKERAGE ANO DEVELOPMENT a June 20,2000 ��p, J • )ti • Mr. Mack Peterson,Manager DICK Lions St. Vraim Sanitation District P. a Box 908 Longmont,Colorado 80502.0908303 Aw Re. Line Extension Agreement ( )�/i— / w3 Dear Mr.Paterson: As you know,Longmont Investment Company is one of the participants in the line extension for sewer service to several parcels of land. Ihe.parntership has sold the land that is included in the extension agreement;and,the remaining assets m the partnership is the line extension agreement and an interest m oil anti The partnership share in the line extension agreement is$23,740;and,we are interested in selling the line extension agreement at a substantial discount for a price of$10,000. .As incentive to a buyer, we will include the oil and gas interest,which produces an annul income of approximately$2,500. We would like to know if the District would be interested in buying the partnerships line extension agreement. If you are interested, please call me at your earliest convenience. S ely, Lo ant Inv ent =patty �J aryl K.r3 IP( • ..„0. „AL • , IV 41) . 1 9 i ii4y,,ot• AP tt;t: cpoiliP° soade5 I 1 CpS • el 011 'Sc,, 9600 E. ARAPAHOE ROAD, SUITE 280 " ENGLEWOCD. COLORADO 80112 • (303) 790-8500 , . . JAM NORTH LINE EXTENSION PARTICIPATION AND REIMBURSEMENT AGREEMENT 1 PARTIES. The parties to this Agreement are the ST. VRAIN SANITATION DISTRICT ("District') and Loveraont Investment Company, a Colorado Limited Partnership ("Applicant), 2. RECITALS AND PURPOSE. District is a Title 32 sanitation district organized and existing pursuant to state statutes Applicant owns property or development projects within the District's potential service area and desires to receive sanitary sewer service from the District for such property or projects Such service requires the extension of certain lines and the construction of off-site improvements. Applicant and other property or project owners have agreed to contribute a portion of the total cost of such extension and improvements. Because the extension line to be . constructed at Applicants cost and expense will have additional capacity to service other properties in the future,District may sell additional sanitary sewer taps to new customers which would be serviced from these newly constructed lines and improvements. Accordingly, District agrees to refund Applicant's paid contribution towards the costs and expenses incurred in the line extensions and improvements. Such reimbursements will be paid on a yearly basis dependent upon collection by District of a Line Reimbursement Fee surcharge imposed on tap fees assessed by the District for all taps to be serviced from the newly constructed lines and improvements. The purpose of this Agreement is to set forth the terms and conditions of the payment of the construction costs and of such Line Reimbursement Fee. 3 NORTH TRUNK EXTENSION: DESCRIPTION OF AFFECTED AREA. The properties which may potentially be serviced by District from this new line extension lie within the following area: Sections 22,25,26,27,35 and 36 , T 3N ,R 68W,and Sections 19,30,and 31, T3N, R 67W, located in Weld County, Colorado. Such properties shall be referred to as "Affected Area" 4. TERM. The term of this Agitement shall be 15 years from date of issuance of the certificate of acceptance by the District of the North Trunk Extension improvements. 5. EXTENSION DESIGN AND CONSTRUCTION. The trunk line and improvements which are subject to this Agreement are as described and shown on the conceptual preliminary design attached hereto as Exhibit A which is incorporated herein by reference. For purposes of this Agreement, such extension is refund to as the North Trunk Extension(herein, "Extension"). District represents to Applicant that it has obtained a completed preliminary design for such Extension, 6. PAYMENT OF SHARE OF CONSTRUCTION COSTS. Within 15 business days of the execution of this Agreement (but in any event prior to the execution by the District of'the construction contract for the Extension)Applicant shall deposit with the District the sum of $26,549 (representing a contribution of$28,740 less $2,191 previously paid to District) for deposit into District's Account No.84-1028030-10 at Colorado Surplus Asset Fund Trust, which account has been established by District solely for the payment of construction costs and related expenses of this Extension. This amount represents the Applicant's share of the total estimated costs and expenses, as determined and agreed upon by Applicant and other property ownersidevelopers who are also contributing to this Extension In the event that the Extension project is cancelled by the District's Board of Directors, or in the event that construction does not commence on or before June 1, 2001, the District shall refund to Applicant its pro-rata share of any funds remaining on deposit in said account., (the share refunded being based upon the ratio that Applicant's contribution bears to the total sum of engineenng and construction contributions received by the District from other owners or developers). 7. LINE REIMBURSEMENT FEE. The parties agree that the Line Participation Fee for this Extension shall be S475 per sanitary sewer tap (defined as one single family equivalency, or "SFE") based upon various factors, including without limitation, the projected capacity of the drainage basin to be serviced by this Extension, as calculated by the District on a "per section basis" utilizing current and projected development plans, land use zoning, and other limiting factors available to the District. 8. COLLECTION OF LINE REIMIBURSEMENT FEE. 8.1 For all taps (single family equivalencies), issued by the District within the Affected Area and which will be seniced by connection to this Extension,the District will collect a Line Reimbursement Fee in the amount of$475.00 per SFE in addition to its regular fees and charges. The Applicant acknowledges that there may be certain properties within the Affected Area that may best be served by lines other than the Extension and nothing herein shall be construed as imposing any requirement on the District to require all properties to utilize the Extension 8.2 District shall collect the Line Reimbursement Fee as follows: (1) in the event of a developer, upon execution by the District of a Service Agreement with such developer, or within 30 days of approval of final plat approval of the project,whichever is earlier,for all of the taps committed to the subdivision or project; or(2) in the event of non-developer tap purchasers,upon payment to the District by such person or entity of the tap fee or fees. 8.3 The Applicant expressly acknowledges that the District's obligation to collect and pay a Line Reimbursement Fee, and interest, if any, shall expire either upon collection and payment to Applicant of its contribution of S28,740 or upon fifteen years from the date of the issuance of the District's certificate of acceptance of the Extension, regardless of whether any additional tap or taps have been sold within the Affected Area, whichever occurs first Applicant understands and agrees that,by entering into this Agreement,the District makes no representations or warranties that any or all of the projected tap capacity and/or taps will be issued by the District prior to the expiration date,and that the sale and issuance of taps is dependent upon the District's then existing treatment capacity and compliant= with policies, rules and regulations, and orders and directives issued by applicable regulatory agencies which have jurisdiction over District's sewage treatment and effluent discharge. . C."MM0WEITE11K0YEM0HT(S,0O0 2 COMM al PM•MARK A PETERSON rte. ^� 9, DISPOSITION OF REIMBURSEMENT FEES.At the time of execution of this Agreement,it is estimated that the District's contribution will be approximately$1,000,000. District shall retain all reimbursement fees until such time as it has been fully reimbursed for its contribution to the final costs and expense of the Extension, including without limitation construction costs, easement acquisition, and engineering and consultants' frees. Thereafter, District shall pay Applicant, and all other such applicants,on an annual basis,on or before January 31 of each year, its proportional share of the Line Reimbursement Fees, which it has collected for the prior calendar year pursuant to this Agreement for sanitation service within the Affected Area and serviced from the Extension or serviced from extended lines/improvements connected "upstream"onto this Extension It shall be the responsibility of Applicant to keep the District informed of the correct mailing address to which the payments are to be made. The parties agree that Applicant's contribution represents a portion of all such contributions which will be collected by the District from other applicants,as shown on the attached Exhibit B, said percentages of contributions subject to change based upon actual contributions received by the District 10. LIMITATION OF APPLICABILITY AND SERVICE; INCLUSION;CONTIN-GENCY. 10.1 This Agreement is solely between the parties and is not intended, nor shall it be construed, as a commitment for the issuance of sanitary sewer taps to any party or property owner in the Affected Area. This Agreement is not to be deemed to be for the benefit of any third party or property owner. • 10.2 Applicant, or Applicant's developer or project owner,mug execute a service agreement with the District as a condition of service to Applicant's individual project If not presently included within the District's boundaries„the District's Board of Directors,in its sole discretion, may require inclusion of properties into the District as a condition of service to such projects. 10.3 The obligations and duties set forth herein are expressly contingent upon each of the potential applicants, as listed on Exhibit B executing similar Agreements with the District and posting the required contribution towards the Extension. 11. ASSIGNMENT, This Agreement shall not be assigned by the Applicant except with the prior written consent of the District,with said written consent not to be unreasonably withheld. 12. 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 13. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to catty out this Agreement 14. 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 :wnKoev anwkypvnicHr(i).0OC 3 MEM 3:54 PM-MARK A PETERSON • by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect 15. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party's written request therefor. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Weld County. 16. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. 17. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized in this Agreement DATED: 11 t Ct4- IS ,2000 ST.VRAIN SANITATION DISTRICT By ldent ATTEST: fektdera it STATE OF COLORADO ) )sa COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me thi)Q day of t r Ocrt- , 2000 by c omuco4s'1a1Paoa t(J;.JOO 4 Mao]31m PM-MAW P PEIERSO, LII\CL,C2AfTadas President and !' 'Glk A 1 T efasc of the St. Vrain Sanitation District. Witness my band and official seal My commission expires, , 1 ( Pp,V P� . �',.. ..ot c)' Notary Public DONNA L. L 'FpRCD'o?' Lovemont Investment Company By:Horton Cavey,General Partner By:Terry!K e General Partner STATE OF COLORADO ) )ae COUNTY OFar ) oteg instrument was ac..,. edged . 'yr this day of 2000 by Witness my band and official seal. S �%v• it My commission expires. r � +OF•ccl�' By: Stepp IC Small,General Partner GVMIIOOwrMMPtcy4MGNT Old: 5 nowt k7.PM MARK A TlitROON �1 5 L's . . ryAM kv. $Y , . . STATE OF-s peF ) ss COUNTY OF Y vtIC ) The foregoing instrument was acknowledged before me this 13 day of 1a-1-c-ii. 20O0 by StdpthrviS,Zrnaii as` 9e Witness my hand and official seal. My commission expires: lca a©Q cfnatL SEAL N /- SHERRY L.HATCH h0YPueik Sidi oIn N ublic MARICOPACOUNTY M Cpnn.Ewes Mry 30,2031 AP AS TO FORM District Legal Counsel r C 1W/,opV/g11EMP(ONIMCHT(2).000 6 CUOMO 3M PM•MARK A Pfl rov 07/31/2999 1E:53 3e34^-7859 BOULDER PACIFT^"NC PA 02102 JUL. 31. 2000 10:45A1e O. 5209 P. 2 Ale St. Vramin SANITATION DISTRICT July 21,2000 - Boulder Pacific Arta: John Davit 1210Cooanrce Court#3 Lafltydte,CO 80026 Re: Sanitary Sewer Service Property knew.u Lyons 66 Pacific Commerce Center Park Portion of die NW h of Section 26,T3N,RUN?of the O P.1M..Weld County, Colorado Fiore to aaacipaad to frost is commeicietdoclizteal lac,rmnsma and hotel(33 acres) Saint vain Sanitation District will provide sanitary sewer service to the proposed Business Park,Longmont,CO, subject to the Mowing conditions: • Completion of facilities to Increase treatment capacity,if needed, • Completion ofrecessaty connection agreements, • Receipt of applicable fisest,and • Service will be Subject to the rules end regulations of the Saint Vrain Sanitation District, Plant Investment Pees for each individual building is determined on actual usage expected measured in Single Family Equivalents(SPE-270 gallons/day). Purchase price is equal to$5,475 per SPE plus a ate-time inspection S of $40.00. lean get more detailed information to you as needed. Mean contact our office if you have any other questions, (303)776-9570. Either Mark Peterson.District Manager or I will be happy to assist Good luck on this Project. Sincerely yours, St Prat Saoltattas District re2• 4444..-149eCtr_.------- Psila Fage Executive Assistant 436 Coalman Stever Salta 203 k 204 P.O,Box 909 ta.gemnt.CO 3060249U Thor 3031776-a570 Paz:(303)77A-2349 Email;me.ke .wlsc n 11-09-2000 03:07PM FROM L I TTLE_THOMPSON_WRTER TO 19703046498 P.02 • 691.3-203f3 12132FM Fifli LITTLE_110PSULWFIT9i �U a�u.,x........ ..,- Agreement for Waver Main latent= i-. This agreement tastk and math into this day of 19_._...,bytad between Linut flIOMPSoet WATTitilKSTItlet.ltacinafterealled the 63m;trand G' .—a eo • betanahor called"Custenta".it upast the ftatkrwing terms ant comdhions,matt 1. The Distiist.isette irodmaapee4ldistriauudtria..sottheSateofGdw doseeinginetcdwarwithinthellstriotsn$naymawbe esmlilabed.ec as heseIasaa starbdited.The Cintoetet is eidera excwrnitpgdena wilds the Oilier,ardentes aonaeive mar aerate and so join the fllwia. t The Custwoa dishes to than war aria for the"primer dmcdbsd is this ASneroeo.. It -The Cvsaomer tall pay for and provide all water mabw either-within oe without the boundaries of the Dimas 14 aderto provide water seethe to the property;has tic harsher may vane mid maim ea tatfantrict may apnrumaanetmcdan by gas customer,an the Cu-Rommel aonuaea upon ten append by the n saim A. The Darin a rise applasewi h generated=by the CuRosu r,of the C tetereer'ratodhacmrbyahntraettromaro tpsotidicg far the tame of welt installation,including requirements dm she,aateriah mad shell meet afl wait rls of the Dtsnitt sod etas Punkin lnr inspection by the Diaries of the cttnaautadon of*loft.eater ma3rs.Meths(of all<atsuwdom shall by paid by the Qua Fro:to the District, B. Adepttlltntheatti,owtehettnifcprovldedthatbepaidbrtheLamoeatrtottteDisuiaae d.eaecatowerab the smmtutine ad d tat District for Such tomisdm After completion el atlmottructinm and ompstoaee by the District,elimiadjuetrsn,cof oat will be made,fl aeenery.IT the event drat it is deterati std that she deposit is a iScient to raw the aims!cast of Sutton,them the Omen=dnll pay to the Usage,ere detmttd,at do al advances torwads the cast of cress .aedem. C. If the inwnatim is caatrnaal by she Commode.;a the Cuatntaa s cone iege.the Customer date aamsar as Agit taut and latete st hi and to the tsdlWet;owasd as mil:nth all ease is and apmerommeet and other seer propety S to the Diaries by eyed and atefBeientswigmusu a£till of ealaa•penenal aware ydeed.Such nerafer shall he tandgferand'ciaroltall liens sod eneaanleaaas,sad die Customer*all furnish sufficient&i4axeof enema"fuse ion"tide policy if requited by the Diana The C+stoegM thentarnish meohaniesbmrekrea aaPoodaod S fiii* tpeidomaaaandpaYmemebt.d amanita the Calmedo Mechanic's Lien Law in osdar toMean that all tanspucdon coop has how paid in full.Ail labor and assist. Mall be wawitcd fee dims Many hind by Customer and etas:ma'samaataot fa one year from Sedate!aeepaactchurls faction by the onkel%occeptance of such£aedlith*.The Merit,upon reaipta t thedatmaatM of tastes and svidmceof tidt, shell tntwidet whether sp asmra o reject the iasallatton if the catmint tots complied with this Agrnwe et and-al other conditions precedent to cat:aaxtpance or the facilities.the District than apptote and scrape the as infer and shale theradtgr astumeopandan atadaaaiatettinxd the lines.In no emus hell the Diaafetaromeowatzslip,opestbmtorauatesasee lay Invariance e cat the service tithe of the tanning inabdlation fa the property- a TYsDiitsict will pnstidc nice in wtxrdwaeowith its rules red ivgulatdousamd iSe=tenant polite ere nun a4eps tornataybe bagger atirmerdlrrabereisaia,The Castries shall tmmenetpayment oftrsbfidted rates of the 04mm.bscludiaasrniaaum£eea,as the date at:vwIlarl a of a tep and rata is arallable for me at the tap. r a. The flint,patent is the imj a this Agreement,will oath be obligated to.eve the zap Me 410wn pa this A eemeat_ S. The terns of this 9pt.tateat shall apply ea the property desrsibeeabdtin.aad teat's herein[ter provided props kneed only nano slid runny.The MewThe panics Mew that this AgKetncnt shall be treated as personal property and oat tai Dropsy. 7. The Caste a deal paoolde the District with an 2wuaye spy at the final platdl the property to be served by de Narks If the plat mast be.oaotred by the County 4ommitsiooest,ehm a troweled ropy of the peat with the0ae and Reemderof the CeteradoCounty in which the de.eopmnat is sawed at=he pewided to the District R Cwtumer btateby grants to the Dimino the right to earn olmt the land of thwC.}tmtser sad on the propertyaa baths dtatmert to coaecruee opemee and maintain the facihdes bt rein daaibmt,together with the hill righted tngiesr andera.and toattend trim[rocs aid ladehcy to theca aeerw.y.The Custotaersteut Asada and came?to ter Rheriet aD ememen waited by the Dhaia.adobe Dint shall pot ber—aee kforaay delay in pro td£nsr.rvicein+became elhal ,e.optovddewanaaetaente.Fdrthermme,F.1IUXetn provide caste ant t by the Dinah wed mute this Asgmaent to become null and void snit err no fumes tease and drew and the Cusitants 4 The stalt ta$6s all ni asey or flats t inessfae ttahskrrett la the District dstrted sec raglifed by the Cxwomer bydate bembafteer rased.In theenustbeftntt*titntalls thcfadlby,etc Dfuda*hall ten scannable d1115e ea in providing said haalides by that date if said facades tamta be$otalled betasof s etof God, troverholroinal etahraiiy,agave of the Sawa teVicirnt,orb%labor noabla babbi ity to setmrmatsetiak tar riulpmem ae say muse beyond the,caamabk elated of the District.Mc 0 avks:hare not be liable stators a for stem`s caused tbeteSy, I* in the treat the Motet installs the faeilitks, the District dealt MAIM the facilities davnsbed hereon is aerate with'.nerd cafiu'ieg thrice afar the Costumer has aabliahad property 11ne net treat&alleys and eaamtmes to Final grade and prim to tht pawing d ataa.b,tad the aooaawafon oil ants and guars.TM Customer Mali taWabeese the Dlseriet for anyrexptaerdue m subsequent chromes by the Customer. it. Ware service ea lee provided to Cassume s bated within the property at the Dbufct's appanage tam,and upon sake Lod c,aadiinmiraw Matt=*rat dampsand ender the term and conditions as maybe bavrraerbeadopted M t ettigrlaand upon the ruler andnpdadi+m es vow caablisbrdoranaeyberothe be essbijtl,s,1 by site District.No mop envier' may be abtaMalaapenpnn property included within the boundaries of the Dist tsunamis were that moodier peel abut bepermfhod to t...tuna provided by ebetape brain getcribeet 1A. in thhevar tbadaavtrucaap of the wear maims Is aoaeomplated by 4w Cuatpmeroe she tattooers maaaaterom a beta 2 recta from she mete of this Ammerman,then this Apemarnt shalt become null noelvoit to such them the Diatrin may setoff resitstthedayoot haslet provident r the temame of is ta,aeme and sawn deetmlateee ad such deposit.if any.to the t]tteoata.Customer agraesto pay all strata.."iaeoond by the DMceia its a.ipea of sorb decode. inea Mahout fate•lay del peat i to TUTFL P,tail 11-09-2000 03:08PM FROM L I TTLE_THOMPSON_WRTER TO 19703046498 P.03 t59-13-2B9i3 Wt;17PM FROM 1 ITTLE.TIOP9Ebu a-EER Il! istam4uetro r.na • Agreement far Water Main Extensions IS [Delete Rfnapptlmhle.)In ordatoaf t the std wateto supply the Faopercrleae}a dessibad,the weep to tell insist Vitoria the tumtkt of an'e•fania of the Iteaahhent Colorado Wear'aeon gy fl its Loraiwd, Celotado,watts rightsawns as an Lea th Itsaldcaftar deseribot C.atr A no t ntai.'eey,kte melt units waacknad to tit Na a.hut ma.cof nth war as meta sated lira be applied to the lap pine eseahiished by the District won the dine ofiatuaatlds of tech nit 14 The Malt shall acted class4 aaaawioaaaatlonoftkesa,abv of apsbetelflfie pander wakes d.eaLwadaerlbedprepen andeach hip sby hall otacGatotnyie :eAt ofNo taps sl liC mind i baSeDeuria tell setatt9er®asandmt3 data althak�mrattarabeeat cr bade wihben tae ,Sri bed smtoAnima Yee rapsuaymtkehsedanany4emaerty fee than tnecamerated fen wished such m eke'writes caaomt der Dingotoss*haeafa.Any such tr read he mode prop os carnernsy t e properly,and the customer,stall meet sit n ries.regutatfoea and reathements of the Disdain order to achieve a requanatt elandc Any right to man a rep option or late sights coedit sa t this Agrear end. whether • mupeny ore:sayatbeltdm9ahell #a4Aewttlehugest in baton onsynhe Menannb ed agateigt conatertily nide the taps TaatheDihedathwees. aattberna+utoatttmslsacaananbv, weak dnambe n anion I pegeKy tttrLepelse...tueacatnmtafrLa!'tiw4?r4uctw kr duotktrtst9actitbctipn,l,arerttguts 16. )lecture imatah elan of stainttaalipas to the below dean bed ethnic;the'District may pay nP saws to de C.sa ee spear otology bd tapteD fee frompropert owned by other C net rpm d the bearded within the below&salod y said hip from soother s party d asst sewers,not she Amer themselves with his portion as ci i will ind kola end the Faint s T es ss c hewers a rhea �0ldd fmai5miae lasmwlses lrkh this portion d the sferetncntiaaed kale and Rtylaladotr.ThepnYies bed+Jo remade will be made fors period ol5 yens hare dtedinar this A agree test ban no ktniw g�••eer altddwuuac r+see atimtofasmenoa [fort to aprow ernes. o6[tparm ow mabcadtmaa.The-total amdwotol the rebattswiSi merameesS Sire Gastanter3asteforftteimpmlw•wens. it The Cuso aertepees seek by all MN anbii+bael aid tins andteettipaiocs et theVtsabaa now andslisheamesaw[hens er be established by the Dianna Daudet shallnot bell hie botany injayyad?mwfor Sarttod iwawtrtakranystosortiuiudimet.uaaas !smiled to rat ace,ineme>;pa.Act of God.or koala dk failure of the air systems )1. no agent or mQaaentathe d the Dania has the saws ea Dread,ac fy,alter ar waive are/craridoas at this Amteemest.Any piastre.,a gramme.or repenaaad®s trade by say agent or spectate cif the Deader tot herein set area stag be said a d t act[anther iota end eftsa. le The Con n—tad seise t and cares KNIT all amounts due ruder On san■ .n� pradtia,tic thaws for service,psagrms,etc fnilities furnished by the Muria aativace a ••al o an ds wall as as le boson Seca,rata,Maas,propd�ibe4,and that such lien rut@y be faredoad W the ease roamer es nvoelded by tkel aws of the di a the to el c tanoie'a Senn I-1001USfil.C.D-9.I9MS(I tan Wsotsl.In the sent Cues has'babtdehrnqyarmtttruadiaw a rdat this Agaaaaaat,Gstomer agars a pay an maw and expenses Inentred by the Diet an mutt d at breath Sanding direct and cnnstgewtiirt donor,lens of menthe awaney feet,care cam,esprit witness lea and umcr expenses.Wantiog open padre he s..Except ae This Agreement eppswbeldedd het% arm the beat n theall bins,persona n i hurt Dive,iskil ensmd a+4 y wno e amt'not sign Alarm*any pan of any t above as this Agtts®ent r spy pssae, lyr WfiY'iF�81Y71EREq�P.the parties heed bee net elixir signatures the nay awl yet lint above lrittn. • fir' ` ` 8r: ( 4144 Retiiicd by LrWD gond of Diann on: 4�` 4,, Ca 8daao (,`/,�/L 2 J y Telephone 03 ~ ?oho " 7.9 s8 • t)]tsar than Denatinton la'agtAlotat("property"): iird,74 bH of MO s2efto.7 2r, , Osan-traE"e' PePrt rat-ns hip 3 'teeny ye 4p, weft 21 Masons of Deposh;'$_ • i)rate Onneser needs t eilitiw s)la tr be of reartl.taa Colorado Water Conservancy District..a s honsferted ar[ninth bl trice Ned'unit as Nwthe n Oared,Water Casseevaetsj mitt:'sten TO Tap SSnasfl%x 1/4 Saabrt, 7)Wombs d act so be instalhat 8)Pitt Pats-Ida?...... —Yes _Nu __Nu 9)Numb:of new Yea Wrens l0)gee for bylines:! cram emu ar tree.*tsar rah Stet¢ TOTAL P.91 11-09-2000 03:09PM FROM L I TTLE_THOMPSON_WATER TO 19703046498 p.04 Agreement for Water Main Extensions e'—'s This agreement, made and entered into this day of , 19 ,by and between LITTLE THOMPSON WATER DISTRICT,hereinafter called the "District"and hereinafter called "Customer", is upon the following terms and conditions, to-wit: 1. The District is organized as a special district under laws of the State of Colorado saying treated water within the District as may now be established,or as hereinafter established.The Customer is either a taxpaying elector within the District,or desires to receive water service and to join the District. 2. The Customer desires to obtain water service for the "property" described in this Agreement. 3. The Customer shall pay for and provide all 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 mains,or the District may approve construction by the Customer,or the Customer's 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 for the terms of such installation, including requirements that the materials used 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 District as an 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 costs 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 free and clear of all liens and encumbrances,and the Customer shall furnish sufficient evidence of title or a"form 100" title policy if required by the District.The Customer shall furnish mechanic's lien releases or a good and sufficient performance and payment bond pursuant to the Colorado Mechanic's Lien Law in order to insure 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 written 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 lines.In no event shall the District assume ownership,operation or mai n tenance 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. .5. The District, pursuant to the terms of this Agreement, will only be obligated to serve the tap size shown on this Agreement. 6. The terms of this Agreement shall apply to the property described herein,and the taps hereinafter provided may be used only upon said 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 plat 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, 8, Customer hereby grants to the District the right to enter upon the land of the Customer and on the property as herein described to construct, operate and maintain 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 are required by the Customer by date hereinafter stated.In the event the District installs the facility,the District shall use reasonable diligence in providing said facilities by that date. If said facilities cannot be installed because of act of God, governmental authority, action of the elements, accident,strikes, labor trouble, inability to secure 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. 10. 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 construction of curbs and gutters.The Customer shall reimburse the District for any expense due to subsequent changes by the Customer. 11. Water service Shall be provided to Customers located within the property at the District'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 District and upon the rules and regulations as now established or as may hereafter be established by the District.No water service may be obtained except upon property included within the boundaries of the District.Customer agrees that no other person shall be permitted to use water provided by the taps "'Therein described. 12. In the event that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years from the date of this Agreement, then this Agreement shall become null and void.In such event,the District may setoff against thedeposit 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 lthe District in excess of such deposit. LTwD FORM 210 (Rev.May dui) Page 1 O(2 11-09-2000 03: 10PM FROM LITTLE_THOMPSON_WRTER TO 19703046498 P.05 Agreement for Water Main Extensions • 13. (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-foot-units of the Northern Colorado Water Conservancy District, Loveland, Colorado, water rights at the nount for each unit,hereinafter described.Customer shall not receive cash for such units transferred to the District, hut 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 to allow installadon of the number of taps hereinafter provided within the above-described property,and each tap shall not exceed 3/4 inches.No taps will be served by the District until all of the terms and condidons of this Agreement have been fulfilled by the Customer.including transfer of the above-described water rights.The taps may not be used on any property other than that described 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 all rules,regulations and requirements of the District in order to achieve a requested transfer. Any right to receive a tap option or water rights credit under this Agreement, whether upon the above-described property,or at any other place shall expire and become null and void 20 years from the dare of this Agreement.Customer may not encumber, mortgage or collaterally assign the taps without the prior written consent of the District thereto.In all other respects the taps or water rights credit shall be treated as personal property. 15. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the District, the District may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property not included within the below described property.These tap rebates will be paid in accordance with the District Rules and Regulations and the Customer should familiarize themselves with this portion of the aforementioned Rules and Regulations. The parties hereto agree that refunds will be made for a period of 5 years from the date of this Agreement and that upon expiration of said 5 year period,the District shall l have no further obligation to make refunds.The total amount of the tap rebates will not exceed the Customer's cost for the improvements, 16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter be established by the District.District shall not be liable for any injury or damage for failure to deliver water for any reason including hut not limited to war, riot, insurrection, Act of God, or breaks or failure of the water system. 17. No agent or representative of the District has the power to amend, modify,alter or waive any provisions of this Agreement. 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. 18. The Customer understands and agrees 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 described,and that such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens.§32.1.100t(1)(j), C.R.S. 1973(1981 amendments).In the event Customer fails to abide by any of the terms or conditions of this Agreement, Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and __consequential damages, loss of revenue, attorney fees, court costs, expert witness fees and other expenses. 19. This Agreement shall be binding upon and inure to the benefit of the heirs,personal representatives,successors and assigns of the 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. LITTLE THOMPSON WATER DISTRICT CUSTOMER By: By: Mailing Address: Ratified by LTWD Board of Directors on; Telephone; 1) Real Estate Description for Agreement ("property"): 2) Amount of Deposit: $ , 3) Date Customer needs facilities; 4) Number of Northern Colorado Water Conservancy District units transferred to District: _ 5) Price per unit of Northern Colorado Water Conservancy District water: 6)Tap Size: 5/8 x 3/1 inches. 7) Number of taps co be installed: eas Plat Provided? Yes No • ..j Number of new fire hydrants: 10) Fee for hydrants: 5 LTWD FORM 210 ,Q.. Mn.gal Pan 2of2 TOTAL P.05 • 04-25-2000 08:56 r1 FR011 LITT_E_—HcMPS7G1_LIRTER TO 1307651722F P.02 April 7, 2'.730 John Davis Boulder Pacific Inc. 1210 Commerce Court #3 Lafayette, CO SOC26 Dear Mr. Davis : This letter is in response to your request for a water service commitment for up to 13 commercial lots, in the proposed subdivision described as follows : PORTIONS OF SEC.26, T3, R66W -- WELD COUNTY, CO (Lovemont Property) The District provides water service within its service area as defined by the District. The provision of water service by extension of existing water line_ of the District to the above property and the installation of r.r.^..s for lots is done under the terms of the Rules and Regulation - the District established by the Board of the District from time _o time. You may obtain a copy of the Rules and Regulations from the District. :his letter outlines the provisions cf the Rules and Regulations, however this letter does nos change any provisa '''s of the Rules and Regulations. The Board of the District may .-'er and amend the Rules and Regulations at any time, and the rrovisions of this letter are subject to al:aration and arendm.er _ ?aced on changes in the Rules and Regulations of the District . We currently have a 12" Dia. water line located along Hwy.66 and Mead Street with additional c .oscity available Therefore, we can commit to provide service to t ?'cove property, subject to the limitations in this letter, for water tap per lot; and the following additional limitations o:,. he provision of water service are ; 04-25-2000 08:5Ei FROM L.TT T_-HCr'P51H_UPTEP TO L3036`17226 P.O5 In AueuSt of 1993 the _ . .-le Thompson Board implemented a "system impact" fee of 51 . 050 . 00 per 5/8" tap or tap equivalent added to the syste This is due upon completion of the main line extension agre cent . Tap size: Impact fee required: 5/8 in. 1 X $1050.00 = $$1, '350.00 =Es- 3/4 in. 1.5 X $1050.00 = $1,575 .00 I in. 2.5 X $.050.20 - $2,625-00 1 M in. 5 X $lOSG . c $5,233.00 2 in. S X $1o50 .00 = $8,40. 00 2. All improvements to !District facilities required to provide service will be the Lj.nancial responsibility of the developer in accordance ~ 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 5/5" meter or meter equivalent ( larg- taps require a larger water dedication) in the conmitm . The cost of this water is subject to rebate from the ea: :es paid from the development . Tap size: # of shares required: 5/8 in. 1 ease 3/4 in. 2.E 1 in. - 3.6 I 54 in. 6.6 2 in 8.4 4 _ The installation of a fire hydrant requires payment of a 52, 000 fire hydrant fee prior to final approval of the • subdivisions lines . You will be responsible for any improvements needed to meet the required fire flows in your subdivision. 5 . In order to provide the water service tc the subdivision you will be required to install a minimum 16" Dia_ Water line from Hwy 66 South through your eubdi:•ision and connect to the planned LPWD feed line. The .. feed line is a 12" Dia. Lire South of you property that. ) : scheduled to be built this summer. It will allow your __ to be part of a looped system. If the LPWD toed line is nt.i built you will need to connect the loop through your subdivision back to the 12" line that is at the South end of the Sekic:n 6ioCk 5 subdivision_ ( the South end of Deere Ct . ) It is pc,3Fible that other options fin: looping may be available and . . .ALd be considered. The District may wish to oversize these li .t= for future needs. 04-25-2000 T3:57Rr9 FROM LITT_E_"HOIPSJN_LRTEP TO 1303E51722E P.04 6 . You will be required to .,'de the needed water lines in the proposed subdivision 7 . The design, installet-m 1rd total cost of the project will be the responsibility c- the developer . 9 . The connection to the ex, ting 12 in. water line at Hwy 05 is subject to a rebate D% $ :5, 253 40 . The rebate is collected by the District ari , ,; rebated to the parties that originally built the waterline-. 9 . The connection to the exi54 tng 12 in. water line at Deere Ct . is subject to a rebate 0 $ 3, 575 . 50 . The rebate is collected by the District and _s rebated to the parties that originally built the wateri_re. . It, is possible that some c= 4-.he required water lines and system improvements may be required ;Ylilt or are being designed by other developers in the same area, -f they are in place when you reed them then you may be able utilize them to serve your development ( subject to the Distr� et rebate policy) . It would be wise to work with the other deval .rs in the area to ensure that the water lines installed would be 5-zed to meet the needs of both developments to reduce the am.our_t duplic:°.tion andminimize future water line replacement . This commitment letter will e.-?ire one year from the date of this letter if the taps have npi- been purchased, paid for and installed by that date of expire,,--1 Dn. The -current fee for the domestic taps are: Tap size: Curreat Tap tee: 5/8 in. $ 17,000.CD 3;4 in. $ 47-900.00 1 in. S '. ;,300.00 • 1 it in. $157, 400.00 2 in. 5141,c00.00 • YOU ARE HEREBY ADVISED THAT THE T :S, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGi -TROUT NOTICE, AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMIT? N THAT THE DISTRICT MAY CHANCE TEE RULES, REGULATIONS AND TARIFFS PLICA^_'.E TO THE ABOVE PROPERTY AT ANY TINS WITHOUT NOTICE TO OR SY PERSON.If you !lave questions, please contact me. _yards, ae_ J. Cock F.E. _strict. Engineer Oa-25-2000 OS:52+M FROM LITT_E_'HOI-PSJrI_lj TER• TO 13036517226 P 0 7. n 35'5 ' ,N SEKICH/VALLEY 66 ',�j il\ItLi V 510 BOSSINESS PARKS I q I I ", SEE SUBGv5KW '�Ici 2x1 _ _.' MAP e114 ,.. - I`� i 3-'42 �. IC] N �� I (Y 1 iiic <,)_i� EX. S-AC't- J n i"--- r I \�\ I2. iR '' �•, a,_ 3-8 V.. s' UR7a PVC I\,___12.1.--1.%) I F.N T53tir IR- --- .- , v' X ir PLUE Za SCUTH� „' ,�- STI (8' wATE4l1`1E WAS �7^ l B ' c4 CASING DEFLECTED SOUTH m AIAfUAL AROUND CONCRETE l N��i .��L- J , .\ 6' v! ua PAD. I I `r 12 v\ RELEASE / ZS EC 1 .�� / 2- 2' v / { Id BLOW-OFF d \ 1 �+ u (ii ! s12'zIl x91 t i O FI f' Ht, !gyp NOTE: / 67 I 1180 0GS' HEAD IN AA \o ff _ -- ,'! ll IT IS 995'3 SOU1N mri( as--= - _ jl IOF c_OF HWY. 66. i �4 50 piFV-HWY- 1 IN aUT - I\ \ 112 82J ►! I ,VOTE: ii II !• ill IS I5'-6. FROM \ .. _ !l it ii ay, POWER POLE. 1 - 'I i.1414.. I I i 'n J i i 11 1 w 1 *• ' -Or • 12' W. DI FENCE '�'� i I — 30' OF / . ' / sr a CASING' ' TO 11. 11 DISTANCE WAS FIELD W l / vMRWED ON 1/11/00 / I / i24 'F1- N....... —„r ( \/ Est /74\).a t? ,/ 2 1/?. c.v. I �/I/2' AY , � �—" —cal II ' sos W.C.R.CR28 2' ... KW GI6LBE56' s= .,:..... . - 8' a F.V. w 80x-= \ NOTE: , WA 39 \ VALVE Is 10 Fps OF 2 1;2'NORTH 18'x18'18' TEE \ OF ENEEPSECTION10 .1/2' AVI E / w 1259,�� I w _... 3 ,i �� .. 607 t/ % .®. II- J~ 1 ate / �� ci ,..r-.?, / v — maw 1 /� TOTAL P.05 Hello