HomeMy WebLinkAbout20021185.tiff EXHIBIT
Agreement for Water Main Extensions s
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This agreement, made and entered into this day of /-7/1 / .t4 , by and between LITTLE
THOMPSON WATER DISTRICT, hereinafter called the"District"and C4JLridIe A-1 2—A
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 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 theconstruction
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 he 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 maintenance of any
installation on the service side of the metering installation for the property.
4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as may be
hereafter adopted by the District.The Customer shall commence payment of established rates of the District,including minimum fees,on
the date of installation of a tap and water is available for use at the tap.
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 beusedonly upon said
property. The parties hereto agree that this Agreement shall he 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.
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
herein 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 set off 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 the District in excess of such deposit.
LTWD FORM JO
(Rev May 86) Pao. I „f2 2002-1185
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
amount for each unit,hereinafter described.Customer shall not receive("ash for such units transferred to the District, but the total value of
such units as herein stated shall be applied to the tap price established by the District uvn the date of installation of each such tap.
14. Die District agrees to allow installation of the number of taps hereinafter provided within the above-descri bed property.and each tap
shall not exceed 3 4 inches. No taps will he served by the District until all of the terms and t ondi bons 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 sto h transfer hall be made to property owned by the
Customer, and such property, and the Customer, shall meet all rules. regulations and requirements of the Distric I in order to achieve a
requested transfer. Any right to receive a tap option or water tights credit under this Agreement. whether ufx)n the above-described
propei ty.or at any other place shall expireand become null and void 20 years front the date of this Agreement.Customer may not encumber,
mortgage or collaterally assign the taps without the prior written consent of the Din riot thereto.In all other respects the taps or water rights
credit shall he 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 he 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
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 ma} hereafter
be established by the District.District shall not he liable for any injury or damage for failure to deliver water for any reason including but 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,§32-1-1001(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
on sequential n tial 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: & 44 454-4.8:•, l i'r1/ /-
Mailing Address: /?[9. 6 O *- 7, 7
Ratified by LTWD Board of Directors on: /CA-1 PnjJt-7) ' e U CPUS42-
Telephone: -303--- ) 7 4' - 0 i�3
11 Real Estate Description for Agreement ("property"):
BEN itMeN c 130 T 3 N�A69W �D Oavivrr c a_
d pparioNP 5GG 35�
2) Amount of Deposit: $ IVOSIL- yFr.
3) Date Customer needs facilities: Vti JT VCA'IdN
tats ZO
-h Number of Northern Colorado Water Conservancy District unitsvfmnsferred to District
51 Price per unit of Northern Colorado Water Conservancy District water: Vµ hIYPW M.
6) Tap Size: 5 8 x 3 -I inches.
7) Number of taps to be installed: Z O
8) Plat Provided? s No
9) Number of new fire hydrants: VN hN"N
10) Fee for hydrants: .$ V N kkOff
LEWD FORNI 21')
Ric. Ni,is 8(i, Page 2 HI 2
LITTLi. THOMPSON WATER L .STRICT
DIRECTORS'. Telephone(970)532-2096
Tom Reynolds 835 E.Highway 56
President Drawer G
Leo Bakal July 22 , 1999 Berthoud,Colorado 80513
Keith Croonqust
Glenn W Gibson
Dean Anderson
Carey) Salomonson
James W Stroh
MANAGER
Richard H H.Whiffet
Donald D . Leffler
Design Development Consultant
2627 Redwing Road, Suite 350
Fort Collins, CO 80526
Dear Mr. Leffler;
This letter is in response to your request for a water service
commitment for 20 industrial lots , in the proposed subdivision
described as follows :
PORTIONS OF SEC. 35, T3N, R68W - - WELD COUNTY, CO
BENJAMEM COURT BUSINESS PARK (P .U.D. )
Little Thompson Water District will commit to provide service
to these industrial lots via one 5/8" X 3/4 " water tap per lot ,
with the following conditions :
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 .
3 . Little Thompson Water District requires the transfer of
one share of Colorado Big Thompson water for each lot in the
commitment . The cost of this water is subject to rebate from
the tap fees paid from the development .
4 . The installation of a fire hydrant requires payment of a
$2 , 000 fire hydrant fee prior to final approval of the
subdivisions lines .
EXHIBIT
(
5 . You will also be required to provide the needed water
lines in the proposed subdivision .
6 . The design, installation and total cost of the project
will be the responsibility of the developer.
7 . In order to provide the required fire flows to the
business park 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 . The exact location of the line will
depend on the timing of your project and the extent of water
lines installed in the area at the time you want to begin
service . The District may wish to oversize this line for
future needs .
It is possible that some of these required water lines 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 LTWD
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 all developments to reduce the amount of
duplication and minimize future water line replacement .
This commitment will expire one year from the date of this
letter if the taps have not been purchased and installed by that
date . The current fee for the 5/8" X 3/4 " tap is $7, 500 . 00 . These
fees area subject to change without notice .
If you have questions, please contact me in our office .
Regards,
ichael T. Cook P . E .
District Engineer
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July 13, 1999
Design Development Consultants
Attn: Donald Leffler
2627 Redwing Road, Suite 350
Fort Collins, CO 80526
Re: Benjamin Court Business Park
California Home Inc.
3118 Marlin Drive
Longmont, CO 80503
Property located generally in NW V.of NW Section 35, T3,R6SW
(Tract 1 and Tract 2)
Saint Vrain Sanitation District will provide sanitary sewer service to the proposed
development, Benjamin Court Business Park, subject to the following conditions:
• Approval of Petition to Include into the District,(petition faxed to you-6/12)
• Completion of line extension(s) to connect tenants to existing SVSD facilities,
• Completion of facilities to increase treatment capacity, if needed.
• Completion of necessary connection agreements, and
• Receipt of applicable fees.
Service will be subject to the rules and regulations of the St. Frain Sanitation District
Sincerely yours,
St. Vrain Sanitation District
eArip/f
Nark A. Peterson
Manager
EXHIBIT
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(sos) nQ-9370 136 est ru&t...4 Sit..200
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Request for Will Serve Letter
Date: 6-1 -99
Name of Property Owner:California Home Inc.
Mailing Address: 3118 Marlin Drive
Longmont, Colorado UUSUJ
Phone Number: 303-776-0853
Fax Number:
PROPERTY INFROMATION
Residential or Non-residential Service? (Circle one)
Property Address: See attached legal descriptions.
Legal description of property, including Section, Township and Range:
Pt . of NW 1 /4 of nw 1 /4 Section 35 Township 03
Range 68 west .
LETTER ADDRESSEE INFORMATION
Name and address of person/entity to whom the Will Serve letter needs to be addressed
and mailed (if different from requestor above):
attn: Consultants
2627 Redwing Road Suite 350
FurL Collins , eolora-do 80526
Please mail your completed request to St. Vrain Sanitation District, P.O. Box 908, Longmont, CO
80502 or fax it to (303) 774-2349. (Allow 7-10 days for your request to be processed.)
Se. eNtielS� � DC mea
(Saud sue)
JP w,le 436 C��',.�,e e�t,«�t. Stat.2CC
(703) 7Z6-9570 `)wt J?ux 908
(303) 774-2349 dfa.� .S'oaey,,,uot. CoFu aw 8C50_-0908
Request for Will Serve Letter
a Date: •$ ¢' ! 9
Name of Property Owner:
Mailing Address:
Phone Number:
Fax Number:
PROPERTY INFORMATION
Residential or N. -resi'- tial Service? (circle one)
Property Address:
Legal description of property, including Section, Township and Range:
LETTER ADDRESSEE INFORMATION
Name and address of person/entity to whom the Will Serve letter needs to be addressed and
mailed (if different from requestor above):
Please mail your completed request to St. Vrain Sanitation District, P.O. Box 908, Longmont,
CO 80502 or fax it to (303) 774-2349. (Allow 7 - 10 days for your request to be processed.)
6 ( SSTSAN isoceJums numuel,New Customer[onus\W ill Serve Request form doc
NORTH LINE EXTENSION
PARTICIPATION AND REIMBURSEMENT AGREEMENT
1. PARTIES. The parties to this Agreement are the ST. VRAIN SANITATION DISTRICT
("District") and California Homes LLC ("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 Applicant's 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 Agreement 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 referred 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
529,259 (representing a contribution of $31.393 less 52.134 previously paid to District) for
deposit into District's Account No.84-1 02803 0-1 0 at Colorado Surplus Asset Fund Trust,
which account has been established by District solely for the payment of construction costs
EXHIBIT
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 owners/developers 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
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 $473 per sanitary sewer tap (defined as one single family equivalency, or
"SEE") 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 REIMBURSEMENT FEE.
8.1 For all taps (single family equivalencies), issued by the District within the Affected Area
and which will be serviced 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 531,393 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 compliance 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 WV DOCUMENTS\NORTHLINE'LINEE%AGREEMNTSCALIFORNIA HOMES LLC DOC 2 03/03/00239 PM-MARK A PETERSON
9. DISPOSITION OF REIMBURSEMENT FEES. At the time of execution of this Agreement,
it is estimated that the District's contribution will be approximately S1,000.000. 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' fees. 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 13, 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, must 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 he assigned by the Applicant except with the prior
written consent of the District.
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 carry 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
C/MY DOCUMENTS/NORTHLINELINEEXAGREEMNTS/CALIFORNIA HOMES LLC DOC 3 03/03/00 2 39 PM-MARK A PETERSON
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.
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 parry'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: , 2000
ST. VRAIN SANITATION DISTRICT
By
President
ATTEST:
Secretary
STATE OF COLORADO )
) ss
COUNTY OF BOULDER )
C`MY DOCUMENTS\\NORTHLINE\LINEEXAGREEMNTS\CALIFORNIA HOMES LLCDOC 4 03/03/00239 PM-MARK A PETERSON
The foregoing instrument was acknowledged before me this day of , 2000 by
as President and as Secretary of
the St. Vrain Sanitation District.
Witness my hand and official seal.
My commission expires:
Notary Public
California Homes LLC
APPLICANT
STATE OF COLORADO )
) ss
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2000 by
as of
Witness my hand and official seal.
My commission expires:
Notary Public
APPROVED AS TO FORM:
District Legal Counsel
C HMV DOCUMENTS\NORTHLINE\LINEE%AGREEMNTS\CALIFORNIA HOMES LLC.DOC 5 03/03/00239 PM-MARK A PETERSON
St. Vrain
SANITATION
DISTRICT
November 3, 2000
Mr. Chris Adrian/Mr. Don Leffler
California homes
2627 Redwing Road, Suite 350
Fort Collins, CO 80526
Re: California Homes
Located generally in Section 35, T3N, R68W, Weld County
Dear Mr. Adrian and Mr. Leffler,
Saint Vrain Sanitation District will provide sanitary sewer service to the proposed
development, California Homes, subject to the following conditions:
• Completion of the District's trunk line to the development,
• Completion of necessary connection agreements, and
• Receipt of applicable fees.
Service will be subject to the rules and regulations of the Saint Vrain Sanitation District.
Sincerely,
• t Vraaiiinn�Sanitation District
art-
Paula Fagre
Executive Assistant
Cc: Mark Peterson, District Manager
EXHIBIT
436 CotTman Street Suites 203 &204 P.O. Box 908 Longmont.CO 80502-0908 O
Phone:(303)776-9570 Fax:(303)774-2349 Email: markKstsan.com
LITTLE THOMPSON WATER DISTRICT
DIRECTORS Telephone(970)532-2096
Tom Reynolds 835 E.Highway 56
President Drawer G
Leo 6 ooh November 21 , 2000
Berthoud,Colorado 80513
eith qw
Glenn W Gibson
Dean Anderson
Carey J Saiornonson
Stroh James W Stroh
MANAGER
Richard H H.Whiner
Donald D . Leffler
Design Development Consultant
2627 Redwing Road, Suite 350
Fort Collins , CO 80526
Dear Mr . Leffler :
This letter is in response to your request for a water service
commitment for up to 20 commercial / industrial lots , in the
proposed subdivision described as follows :
PORTIONS OF SEC . 35, T3N, R68W - - WELD COUNTY, CO
Del Cameno Business Park ( Benjamen Court)
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 the
I-25 Frontage Road at WCR 38 with additional capacity available . We
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 .
EXHIBIT
) I
2 . All improvements to District facilities required to
provide service will be the financial responsibility of
the developer in accordance with the District Rules and
Regulations . All improvements must conform to District
Specifications .
3 . Little Thompson Water District requires the transfer of
one share of Colorado Big Thompson water for each lot in
the commitment and then to pay for the rest of the tap
fee as the water lines are put in service . The developer
then has the taps to sell with the lots at the price
that he sets .
4 . If a fire hydrant is required for the subdivision there
is a $2 , 000 fire hydrant fee that needs to be paid prior
to installation of the fire hydrant . You will be
responsible for any improvements needed to meet the
required fire flows in your subdivision.
5 . You will be required to provide the needed water lines
in the proposed subdivision .
6 . The design, installation and total cost of the project
will be the responsibility of the developer .
7 . In order to provide service to the proposed business park
you will be required to install a 16 inch diameter water
line connecting the existing 18 inch diameter water line
located WCR 9 IA and WCR 28 to your subdivision . The 16
inch diameter water line will need to loop North along
the I-25 frontage road to the new 24 inch diameter water
line under I-25 on the Rademacher property. The
construction of this connection to the 18 inch diameter
line will also require the installation of a master meter
/ pressure reduction vault . The 24 inch diameter water
line is subject to a rebate .
8 . You will also be required to participate financially in
a project to provide additional service capacity from WCR
38 South to WCR 28 . The exact cost and location of the
line will depend on the timing of your project and the
extent of water lines installed in the area at the time
you want to begin .
It is possible that some of these required water lines 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 LTWD
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 all developments to reduce the amount of
duplication and minimize future water line replacement .
This commitment letter will expire one year from the date of
this letter if the taps have not been purchased, paid for and
installed by that date of expiration . The current fee for the
domestic 5/8 " X 3/4" tap is $14 , 000 . 00 . YOU ARE HEREBY ADVISED THAT
THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO
CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC
LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS AND
TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE
TO YOU OR ANY PERSON.
If you have questions, please contact me .
Regards ,
Michael T. Cook P . E .
District Engineer
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