HomeMy WebLinkAbout20042515.tiff INIT- p UNITED POWER, INC.
O P.O. Box 929, Brighton, CO 80601 • Telephone: 303-659-0551 • 1-800-468-8809
Fax: 303-659-2172 • http://www.unitedpower.com
November 21, 2003
Mr. Chico Quintana
Pickett Engineering, Inc.
808 8c' Street
Greeley, CO 80631
Dear Mr. Quintana:
United Power is ready, willing, and able to provide electric service to the proposed 9-lot
subdivision, known as DalMar Estates, located in the NW 'A of Section 30, T2N, R68W, Weld
County, Colorado.
Service will be provided according to the rules, regulations, and policies in effect by United
Power at the time service is requested.
We look forward to this opportunity to provide electric service. If you have any questions,
please give me a call at 303-637-1254.
Sincerely,
UNITED POWER,INC.
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Bill Meier
I-25 District Representative
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Your Touchstone Energy® Farmer ydec
2004-2515
Will Serve
Qwest Communications 24-Nov-03 1:21:13 PM
12121 Grant Street Room 201
Thornton, Colorado 80241
CATHY MOURHESS
Tracking # 2891
SUBJECT:
Telephone facilities to planned/proposed development.
Attn:
'PICI{ETT ENGINEERING
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=CHICO QUINTANA _----------- _
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Qwest will provide service to your planned/proposed developement:
Dalmar Estates r
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i 30 I 2n i 68w 3 6TH i WELD
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Provisioning the service will be in accordance with tariffs on file at the Colorado Public
Utilities Commission. I will need a final plat with measurements,easements, addresses, your
phasing plan, and a trench plan before I can have this engineered. If there are any further
questions, or if I can provide any assistance, please contact me.
CATHY MOURHESS 303-451-3181
(LDA Coordinator) (Phone)
Sincerely
emir LEFT HAND WATER DISTRICT
August 15. 2002
Dallas Schneider
520 VJCR 18
Longmont. CO 80504
Re: Tap request#2183 (42
Dear Mr. Schneider:
The Board of the Left Hand Water District approved a Subdivision Agreement for 8 single family
residential taps for the Dal Mar Estates development. A copy of the Agreement is enclosed. •
• After your review of the Agreement, please make an appointment with my assistant, Kim Lane,
to sign the original and pay the required fees as stated in¶6. Please note that payment is required
for the taps as outlined in¶6, raw water transfer in¶7, line participation fee in¶8, and also for
hydrant finds as outlined in¶9.
Please call if you have any questions. The tap price quoted in the agreement is current today.
The fee due will be the current fee at the time of completion of the Agreement. Increases to tap
fees may be made at the discretion of the Board, without prior notification.
Sincerely,
Kathryn A. Peterson
General Manager
KAP:loml
r^
P.O. Box 210 •Niwot CO. 80544•(303) 530-4200 • Fax (303) 530-5252
t
SUBDIVISION/MULTIPLE TAP PURCHASE AGREEMENT
(includes Line Participation)
PARTIES. The varies to this Agreement are the LEFT HAND WATER DISTRICT, a title 32 special district,
i"District") and Da I i ae Srhn=i der ("Applicant").
2. RECITALS AND PURPOSE. The Applicant is the owner of certain property to be developed,
as described herein. The District is a special district organized under Colorado law and which provides
treated water service to its customers for which monthly service charges are made. The Applicant desires
to purchase water taps for the development project. The purpose of this Agreement is to set forth the
terms and conditions concerning the Districts supplying such domestic water service to the proposed
project. Accordingly, the parties agree to the following provisions in consideration of the mutual
covenants set forth herein.
3. TERM OF AGREEMENT. In the event that the Applicant fails to obtain all applicable and
required land use approvals of the Project within 180 days of execution of the Subdivision Agreement,
the Agreement shall expire and all obligations herein including, without limitation, the District's
commitment to sell such single family equivalencies as indicated in the Agreement shall automatically
terminate.
4. LEGAL DESCRIPTION OF PROJECT. For purposes of this Agreement, the term "project"
shall mean the property described on Exhibit A which is attached and incorporated herein, and which is
known as the Da I Mar Estates Subdivision. The Applicant agrees
to furnish a reproducible copy of the preliminary plat to the District and said plat is expressly
incorporated in this Agreement. Any change or alteration in the area, size, shape, density, usages,
requirements,tap equivalents needed, or timing of development of the subdivision which may affect the
number of tap equivalents required for the project or the method or manner of the provision of water to
or within the project shall first require the written approval of the District.
5. TAPS NEEDED FOR PROJECT COMPLETION. For purposes of this Agreement, the term
"tap" shall mean that size of a connection to one of the District's treated water distribution lines and
which is utilized and designed for a single family or its equivalency pursuant to the District's rules and
regulations. The total number of single family equivalency("SFE")taps required for the project will be
8 . Of that total number, Applicant hereby requests and agrees to purchase, and District commits to
sell to Applicant, 8 SFE tans pursuant to this Agreement,and any additional SFE taps needed for the
project, if any, will be subject to further written agreements; provided, however, that nothing in this
Agreement shall be construed as an obligation by the District to reserve the remaining balance of the total
number of needed taps for the benefit of the Applicant.
6. TAP PURCHASE. Within 10 days of fmai plat approval,the Applicant will tender to the District
a check in the amount of $ 21 .632 00 representing pre-payment of 40% of the current
plant investment fee component of the total SFE tap fee charged by the District for 8 SFE raps,
with a deferral of the other components of the tap fees, including transfer of the raw water units required
sy this Agreement, until anticipated activation of the tap. In addition, to such pre-payment. Applicant
�., 5:-,pil pay a line participation fee for each such tap as set forth in paragraph 8 herein.
6.1 Applicant agrees to complete the purchase of the p committed taps by payment of the
remaining components of the then applicable tap fee. excluding the raw water component.
in accordance with the following schedule, provided that any taps purchased in full in any
given year in excess of the minimum specified below shall be credited to the following,
year's minimum: `
1 taps in year 1
1
tans in year
2
taps in year 3
2 taps in year 4
2 taps in year •
6.2 In the event that the Applicant fails to complete the purchase of the minimum number of
taps in each year specified above, or fails to complete the purchase of all g taps within
.i years ofpayment offees in accordance with ¶6., the District shall retain the 40% deposit
and the raw water shares/units transferred hereunder as liquidated damages and the
obligation of the District to provide further taps shall be terminated. The undersigned
acknowledges that by extending this Agreement,the District has agreed to commit a definite
• portion of the total capacity of its system to the Applicant and therefore must look to the
Applicant for performance of its obligations to purchase the committed taps in order for the
District to meet its financial obligations.
6.3 In the event of an intended increase in the tap fee charges (excluding the raw water
component) District agrees to give notice of the proposed increase to the Applicant at least
30 days in advance of the effective date of such increase.
6.4 Upon completion of the improvements, the Applicant shall give District 90 days advance
notice of its intention to physically connect the development to the District's lines and
facilities to effectuate the raw water transfers. Applicant shall, before any such connection
• is made, transfer the raw water and pay the balance of any amounts due and owing for such
tap fees, including without limitation, the raw water component (if water is not transferred
to District) and other components of the tap fee, in accordance with the District's then
applicable fee schedule.
7. RAW WATER TRANSFER
7.1 As a condition of activation of the purchased taps, Applicant shall transfer 1.325 units of
Colorado-Big Thompson Project water, administered by the Northern Colorado Water
Conservancy District, for each tap purchased. The cash value of any excess units transferred to
meet this requirement shall be applied or credited to the balance of the remaining tap fees due and
owing. The raw water to be transferred shall consist of 10.6 CBT units as may be adjusted
pursuant to District regulations. In the event that raw water is not transferred to the District upon
execution of this Agreement, Applicant must obtain said units and effectuate the transfer of the
2
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raw water prior to activation of the taps. In the event that Applicant can not obtain the required
raw water on the open market. the Applicant may, at the discretion of the Districts Board and for
gore cause shown. mare a cash payment in lieu of the transfer of raw water, in such an amount
as :he District may determine to be necessary to obtain raw water including administrative toss,
transfer fees and other related costs, or in accordance with its then existing policies, rules and
regulations.
7.= Applicant shall give District 90 days advance notice of its intention to physically connect
such taps to the District's lines and facilities to provide the District with sufficient time to
effectuate the raw water transfers, if needed. Applicant shall, before any such connection is made,
transfer the raw water and pay the balance of any amounts due and owing for such tap fees,
including without limitation, the fee in lieu of raw water component (if water is not transferred
to District) and all other components of the tap fee, in accordance with the District's then
applicable fee schedule.
7.3 The failure of Applicant to complete the raw water transfer, or to pay the cash amount in lieu
thereof as set forth in paragraphs 7.1 and 7.2, or to pay the remaining components of the tap fees
for the total number of taps specified in paragraph 5, on or before the fifth anniversary of the
initial payment to the District of the plant investment fee component of the tap fee, shall
constitute a default. Upon such default any sums paid hereunder by Applicant shall be retained
by District as liquidated damages for such default. It is understood and agreed by Applicant that
the purpose of this requirement for completion of the purchase of all taps within a five year period
is based upon the financial requirements of the District to find its capital construction needs. The
District, by this Agreement has committed a definite portion of the total capacity of its system
to the Applicant and,therefore,must look to the Applicant for performance of its obligations in
order that the District may meet its capital construction and operating expenses. If there is a
default by Applicant, District may recommit such taps to other applicants without further notice
to Applicant.
8. PAYMENT OF LINE PARTICIPATION FEE. Within 10 days of final plat approval, and
in conjunction with the pre-payment of the taps, Applicant shall tender to the District a check in the
amount of S t bd representing 100% of the line participation fee of$ tbd per
• tap for the reimbursement to the District and/or third party or parties which paid for the construction costs
of the main line(s) extension(s)which will service the project.
9. DESIGN SPECIFICATIONS. It is agreed, as a condition precedent to service, that all water lines
and appurtenant facilities required to provide water service within the boundaries of Applicants project
as described on Exhibit A and all necessary transmission lines, connecting lines and appurtenant facilities
necessary to connect with the lines of the District as presently engineered and installed, shall be installed
at Applicant's sole cost and expense and shall be in accordance with design and specifications as fixed
by the District. Applicant agrees that the actual installation and construction shall be subject to the
general, as opposed to specific, supervision of, and inspection by, the District and all related costs of the
District's engineering study, review, approval and inspection (including the District's cost and expenses
of obtaining necessary easements if public rights-of-way are not available or if available. not feasible to
urilne) shall be at the cost of Applicant. Fire Hydrants: Applicant agrees to pay a Fire Hydrant Fund
dw1MOCW$vTEMPOTANOR D FORM(COMBINE:SUB&TAP)011901.:NO:
3
Fee. at the current rate of$ 1 .200.00 per fire hydrant as shown on the approved Plans. A total of
hydrants will be installed for a total Fund Fee of$ . Applicant further agrees to give the
District through the District's Engineer. adequate notice, prior to commencement of constmction, of the
date when such construction shall begin.
10. EASEMENTS. Applicant shall furnish, at Applicants expense, all easements, rights-of-way, and
consents both within the project ( if public utility easements are not dedicated by the plat) and without
the project. if required. Such easements, rights-of-way and consents shall be provided prior to
commencement of construction. Those easements lying outside of the project and which may be required
for the construction of any portion of the water lines and appurtenant facilities which may be needed to
service the project (excluding public rights of way), and as determined by the District in its sole
discretion, shall be obtained by District but at Applicant's expense. All such costs and expenses of
easement acquisition shall be paid by Applicant to District as a condition precedent to service to the
project.
11. WATER SERVICE.
11.1 The Applicant acknowledges that District is responsible only for making domestic water
available to the project's individual taps at such pressure as may be available at the point of
delivery as a result of the District's normal operation of its water system. The District may
temporarily disconnect the flow of water in the main or at the individual points of delivery in
order to repair, maintain, test, improve, or replace the main or other portions of the District's
water distribution, storage and or supply system.
11.2 Applicant covenants and agrees that it will not make any warranties or representations
to any home builder, contractor, developer, landscaping contractor, home owner, lessee, tenant,
property owner, or any other person or entity, regarding the District's water system's capabilities,
pressure, or flows.
11.3 Sale of Lines. Upon completion, approval and acceptance of the work by the District
through the issuance of the District's certificate of acceptance, this Agreement shall operate as a
sale, conveyance, transfer and assignment by the Applicant of all Applicant's interest and
ownership in said lines to the District, free and clear of all liens and encumbrances, and shall
warrant that the work has been done in accordance with the laws of the State of Colorado, and
all other governmental subdivisions, agencies and units and in accordance with the design
standards and requirements of the District. Applicant shall guarantee the lines as installed against
faulty workmanship and materials to the District for a period of two years from conveyance and
shall, during said period, pay all cost and expense of repair or replacement of said lines and, at
the request of the District, furnish a bond guaranteeing said repair and replacement. Upon
completion, approval, acceptance, conveyance and transfer of lines and facilities to the District,
the District shall assume all responsibility thereafter, and all cost and expense for operation and
maintenance except as to the above two-year guarantee. Completion of construction, inspection,
approval and acceptance by the District, transfer of lines and facilities to the District, payment of
all construction costs and expenses required to be done and paid by the Applicant are conditions
precedent to the obligation of the District to furnish and provide water service to the project.
^
CSWMCOWS1TWFlSTANORD FORM(COMBINED SUB 6 TAPI D11901 OC
d
12. OVERSIZE LINES. In the event Applicant shall be required to pay for installation of
transmission and connecting lines outside the boundaries of Applicant's subdivision, and District requires
that such lines and facilities be oversized to permit the use of those lines by the District to serve
additional lands and property in addition to the property of the Applicant, District agrees to establish the
cost of such over sizing and to reduce this cost to a "cost per tap" based upon the engineered capacity of
the lines and the system which such over sizing can serve. District and Applicant shall enter into a Line
Reimbursement Agreement which shall provide, as a minimum, that the District will impose a surcharge
upon future users of the oversized line, said surcharge to be calculated on a per tap basis utilizing
District's engineering estimate as to the line's total capacity. During a period of seven years from and
after the date of the Line Participation Azreement, but not thereafter, the District will collect and pay to
Applicant the collected line surcharges to reimburse Applicant for its additional costs in paying for the
over sizing of the line.
13. 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.
14. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary
notwithstanding, the obligation of the District to furnish water service under this Agreement, is limited
by, and subject to all orders,requirements and limitations which may be imposed by federal,stare, county
or any governmental or regulatory body or agency having jurisdiction and control over the District and/or
the operation of its domestic water system and treatment facilities.
15. 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:
15.1 A topographical survey of the property described in this Agreement; and
15.2 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
15.3 In the event the initial area to be served under this Agreement is not the entire project to
• be developed by Applicant and the remainder is being planned as a phased development,
Applicant shall furnish sketch plans, preliminary plats and/or plans as developed by the Applicant
with reference to the future total development of the entire property. It is understood and agreed
that a request for information as to future plans and developments of the Applicant (and the
consideration of such plans by the District in connection with its obligation to service Applicant's
above-described land under this Agreement) shall in not be construed as an agreement or
obligation of District to serve such other lands, additional lands, or areas proposed by the
Applicant for such future development beyond that provided in existing written commitments.
All information required to be furnished to District by Applicant shall be provided at Applicants
expense.
r^
CAWINDOWSITEMRSTANDRD FORM(COMBINED SUB It TAPI 011901.0O2
:5.4 Recorded plats and drawings of the development, including a mylar map and AutoCAD
diskette files certified by Applicant's engineer depicting all lines, valves, finings and
znnuntenznces as constructed, installed. and transferred pursuant to Paragraph 3 above.
16. 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 governmental
orders, directives, requirements or limitations described above.
17. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience
and reference, and are not intended in any way to define, limit, or describe the scope or intent of the
Agreement.
18. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional
documents and to take any additional action necessary to carry out this Agreement.
19. INTEGRATION AND AMENDMENT; PRIOR AGREEMENTS. This Agreement represents
the entire agreement between the parties and there are no oral or collateral agreements or understandings.
This Agreement may be amended only by an instrument in writing signed by the parties. The Applicant
shall reimburse the District for any expenses incurred by the District in connection with any amendment
of this Agreement requested by the Applicant. If any provision of this Agreement is held invalid or
r 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.
20. 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 recorni7ed established mediation service within the State of Colorado. Such
mediation shall be conducted within 60 days following either party's written request therefor. If such
dispute or claim is not settled through mediation, then either party may initiate a civil action in the
District Court for Boulder County.
21. ASSIGNMENT. If Applicant is not in default hereunder, Applicant may assign this Agreement
without the prior consent of the District, provided said assignment is in writing and further provided that
the assignment is made in conjunction with a transfer of all or substantially all of the property described
herein. No assignment shall, however, be effective upon the District unless and until the District receives
written notice or copy of the assignment.
22. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the
r parties, and their respective legal representative, successors, and assigns; provided, however, that nothing
CIWINCOWSITEMP.STANORO FORM(COMBINED SUB&TAP)011901.DOC
6
in this paragraph shall be construed to permit the assignment of the Agreement except as otherwise
.-� specifically authorized herein.
DATED: 8/15/02
LEFT W RICT
By. �1
President
Box 210
Niwot, Colorado 80544
ATTEST:
Secretary
STATE OF COLORADO )
) ss
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this 15th day of August 2002
by Brian Burnett as President and S. Alice Ochs • as
Secretary of the Left Hand Water District.
Witness my hand and official seal. 4/20/06
My commission expires:
1�[ ARf. / ‘4p 2z2,2 ,
— 1� TA
04,740 �'l-:F Notary Public
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OPNINDOINSATEMMSTANORD FORM(COMBINED SUB&TAP)011901.DOC
7
•
ALS C('./.7LXi aide.77-
Applicant
STATE OF COLORADO )
) ss
COUNTY OF BELL nFu )
Nat
The foregoing instrument was acknowledged before me this 2.—CiiN day of 14 LA.2..S , 2p
by prc 11 t s S r \ ei Aj ir
Witness my hand and official seal.
My commission expires: '1 h 1
+` : ��� o • I Public
+
_ JENNIFER IS
P } : f
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"e OF Cdr- =
CAYMOOWBRDJPOTANDRQ FORM(COMBINED SUB&TAP)011901.DOC
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/ 04 09: 53a Pickett#Engineering, #Inc. 970-356-6486 p. 2
G6/ZUU4 171U IU:Utl ?AA ®001/Do1
LEFT HAND WATER DISTRICT
February 26, 2004 I. t
Dallas Schneider
520 WCR 18
Longmont, CO 80504
Re:Dal Mar Estates
Due to delays in the planning of the above referenced subdivision,the Board of Directors at its
February 12th meeting has granted an extension for the Dal Mar tap purchase agreement through
August 12,2004.
Additionally,there is one paid water tap at this location.
Sincerely,
•
Ka . Peterson
n
General Manager
cc: Chico, Pickett Engr_(fax: 970.356-6486)
P.O.Box 210 •Nlwot CO. 80544•(303)530-4200 • Fax (303)530-5252
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