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Home My WebLink About20022500.tiff El lte„t 97587-2749 p. 2 -r N T{f*G` tis yam[ Lae Agreement for Water Main Extensions This agreement, made and entered into this Z 6 day of S ONE .k9' cet by and between LITTLE THOMPSON WATER DISTRICT,hereinafter called the"District"and Sl'IotTZ- �q,2t . (/.iC • hereinafter called "Customer", is upon the following terms and conditions, to-wit: I. The District is organized as a special district under laws of the State of Colorado serving 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 rover 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 hill of sale or general warranty deed.Such transfer shall he made free a nd 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 r1 assume opera ion and maintenance of the lines. In no event shallthe District assume ownership,operation or maintenance of any installation on the service side of the metering installation for the property. 4. The District will provide service in accordance with us rules and regulations and line extension policies as now adopted or as may he 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 he 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 he responsible for any delay in providing service in the event of failure to provide such easements.Furthermore.failure m 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. II. 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 rein 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 nom the date of this Agreement, then this Agreement shall become null and void.In such event,the District may set off against the deposit herein provided for the amount of its expense and return the balance of such deposit. if any,to the Customer.Customer agrees to pay all expense incurred by the District in excess of such deposit. LTWD FORM 210 (Rev. May 86) Pape I of 2 2002-2500 E1leg' 970-587-2749 __ __. P 3 — • • Agreement for Water Main Extensions tlrle•le if inapplicable.)In order to off set the cost of water to supply the property herein described,the Customer agrees to sell to the lt foe number of acre-foot-units of the Northern Colorado Water Conservancy District, Loveland, Colorado, water rights at the 1 din ear h unit,hereinafter described.Customer shall not receive cash for such units transferred to the District,but the total value of („nits ;Is herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap. I the District agrees to allow installation of the number of taps hereinafter provided within the above-described property,and each tap e11 um ex reed 3/4 inches. No taps will be served by the District until all of the terms and conditions of this Agreement have been fulfilled t hrt.nsunuer,including transfer of the above-described water rights.The taps may not be used on any property other than that described �,.,,,,,, 11vt foul the express prior written consent of the District to such transfer.Any such transfer shall be made to property owned by the t ,,I„11,1•1 ;11111 such property, and the Customer, shall meet all rules, regulations and requirements of the District in order to achieve a I,,,..I,.,I II:lusfer. Any right to receive a tap option or water rights credit tinder this Agreement, whether upon the above-described 111,,1.$iv,„1 at:my other place shall expire and become null and void 20 years from the date of this Agreement.Customer may not encumber, to 11,,.„a,,d laterally assign the taps without the prior written consent of the District thereto.In all other respects the taps or water rights ,1„bl ,I,.ilI he treated as personal property. I:, tie",Ise installation of certain facilities to the below described property may benefit property owned by other Customers of the two$,I. illy Di'avert may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property nor ,o, I of L,I within the below described property.These tap rebates will be paid in accordance with the District Rules and Regulations and the t.,r.l„n t,.1• s oold familiarize themselves with this portion of the aforementioned Rules and Regulations.The parties hereto agree that 11111,1, „',II kr 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 1,,,,-I,,,i III'111'1 obligation to make refunds.The total amount of the tap rebates will not exceed die Customer's cost for the improvements. td, I he t:I 5lomer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter I,,.',midi%lied by the District.District shall not be liable for any injury or damage for failure to deliver water for any reason including hut not III,11(1A 11, u:11. riot, insurrection, Act of God. or breaks or failure of the water system. I! N„ .,Lent or representative of the District has the power to amend. modify, alter or waive any provisions of this Agreement. Any :1,pcements, or representations made by any agent or representative of the District not herein set forth shall be void and of no I,u dirt I,n,r :md effect. nt I l„• t:Ilsinner understands and agrees that all amounts due under the terms of this Agreement, as well as all fees, rates, tolls, t„ II.111,,., „1 ,harges for services, programs, or facilities furnished by the District constitute a perpetual lien on the property herein 1, I,I,,.,l, .uu1 Ihat such lien may he foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of fit,,, ti' ', liens.O2-1-1001(1O,C.R.S. 1973(1981 amendments). In the event Customer fails to abide by any of the terms or conditions of e \,.,,.Mend. Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and ,,,I,.,,.,I,,.nl tat damages, loss of revenue. attorney fees, court costs, expert witness fees and other expenses. l,t Ibis Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives,successors and assigns of the pulls.,, beu•do. Except as provided herein, the Customer may not assign all or any part of any interest in this Agreement to any person. IN WI I'N EMS WHEREOF. the parties hereto have set their signatures the day and year first above written. L.I)I'fly THOMPSON WATER CUSTOMER � �J t e / G^�Ril I '� '� {{-- / /)1•l, lly:/ / By: .SH I' 7t 1•,a 2,.., /tiC h if.C4J C��U u" . Mailing Address: 'D4(/ 71 ct-'C1t C Rai died by LTWD Board of Directors on: PA �� ac V.t t , , t'e,-.) l-L( // ' -6// 7 Telephone: 97u - -Sf;?-37y1 L,) al 1(.1a a Description for Agreement ("property•'): Ili g- E4t f7Fc O Of R- Lrr6 V/H Atnonnl of Deposit: S WA it a t:llstomer needs facilities: V1unbet. of Northern Colorado Water Conservancy District units transferred to District: NCN/ y6 ke Pr unit of Northern Colorado Water Conservancy District water: P/- Np Size: 5/8 x 3/4 inches. q • Ihnhcr of laps to be installed: 01 Provided? X Yes No Illtthelr tit new fire hydrants: Z li• for hydrants: $ 2 X 4 ,cco �I 1:OgM 2.10 I,, Neil Pao.2 of 2 WAVER SUPPLY INFORMATION SUMMARY Section 30.28.133AdL 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 The. E4Afts44 i- III L lac 2. LAND USE ACTION PUP 6h " _o c tone IrcvT&vve_d @ Gleason p L% ) 3. NAME OF EXISTING PARCEL AS RECORDED .(Vj��r g lee._ gag SUBDIVISION FILING BLOCK LOT • 4.TOTAL ACREAGE 2,p 5. NUMBER OF LOTS PROPOSED ! PLAT MAP ENCLOSED %YES 6. PARCEL HISTORY • Please attach copies of deeds, plats or other evidence or documentation. A.Was parcel recorded with county prior to June 1. 1972? 0 YES 21 NO (Sion _ __._«_.�._ _ •_—_•_.__._.•_••• ' B.Has the parcel ever been part of a ion o�f,�Ia,n,�'a�}on since June 1, 19727 X YES 0 NO If yes, describe the previous action (U( 7. LOCATION OF PARCEL • Include a map deiniatinp the project area and tie to a section corner. r 114 OF W_ 1/4 SECTION 0 I TOWNSHIP `t $ N ❑ S RANGE (07 0 E C2cW PRINCIPAL MERIDIAN: 0 6TH 0 N.M. 0 UTE 0 COSTILLA 8. PLAT. Location of all wells on property must be plotted and permit numbers provided. Surveyors plat *Yes 0 No If not, scaled hand drawn sketch 0 Yes 0 No . ESTIMATED WATER REQUIREMENTS • Gallons per Day or Acre Feet per War 10. WATER SUPPLY SOURCE • ❑ EXISTING 0 DEVELOPED • 0 NEW WELLS • qWELLS SPRING a PROPOSED MISERS•(CHECK out HOUSEHOLD USE I 1 of units GPD _ AF WELL PERMIT NUMBERS o AWMAL o urns AKUAta$ 0 urru DAMN 0 WWER ARAPAHOE COMMERCIAL USE I of S.F. GPO AF o LOWER DAwsas 0 MANE Fax pus 0 omvFR ❑DAKOTA ❑grant IRRIGATION I of aces GPD AF • STOCK WATERING I of head GPO AF 0 MUNICIPAL_ • _ __ ❑ ASSOCIATION WATER COURT DECREE CASE NO.'S OTHER GPD AF 0 COMPANY DISTRICt n. TOTAL GPO 60.3 AF NAME Lit1UT70 _ LETTER OF COMMITMENT OR• I SERVICE VYES 0 NO 11. ENGINEER'S WATER SUPPLY REPORT 0 YES 0 NO IF YES, PLEASE FORWARD WITH THIS FORM. fibs may be requied before our review c campusteU ii u 12. TYPE OF SEWAGE DISPOSAL SYSTEM 6 Ir ,�// .. I SEPTIC TANKILEACH FIELD) Inlii i(gyi/ 0 CENTRAL SYSTEM - DISTRICT NAME L LAGOON 0 VAULT • LOCATION SEWAGE HAULED TO 0 ENGINEERED SYSTEM (Attach a copy et enpwaerimp dation) 0 OTHER Page 1 of 1 Anne Best Johnson From: "LEE Morrison"<LMORRISON©co.weld.co.us> To: "SHERI Lockman" <SLOCKMAN@co.weld.co.us> Sent: Wednesday, July 03, 2002 9:19 AM Subject: shultz Shultz/Anderson have provided evidence of adequate water service in the form of a agreement for water main extension with LTWD and a construction contract with Gopher Excavating Lee D. Morrison Assistant Weld County Attorney 915 10th St.,PO Box 758 Greeley, CO 80634 (970) 356-4000 x 4395 FAX 352 0242 This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient, please reply and delete your copy of this message." 7/3/02 Hello