HomeMy WebLinkAbout20052865.tiff DRHORTON• N'
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Melody Series
Weld County Planning Department
GREELEY OFFICE
AUG X 1 2005
July 28, 2005 RECEIVED
Mr. Chris Gathman
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
RE: Adler Estates
Dear Chris:
Please be advised that as per the letter dated July 13, 2005,to the Highland Secondary
Water Co., LLC, Melody Homes, Inc. ("Melody") declined participation in their
program.
Melody is moving forward with Long's Peak Water District("Long's Peak")to own and
operate both the domestic water system and the irrigation system. At this time we are
working to finalize the Water Tap Purchase Agreement with Long's Peak that includes
both systems.
Please contact Linda Sweetman-King at 303-468-6700 should you have any further
questions.
Sincerely,
ody , o s Inc.
l�ba R. o on—Melody Series
Se * ice Pr ident
r
11031 Sheridan Boulevard•Westminster,CO 80020•(303)466-1831•Fax:(303)466-1838
www.melodyhving.com•www.drhortoncolorado.com 2005-2865
JUL-13-2005 WED 11 :03 AN FAX N0, P. 01/01
U fl MORTON"
A`yyemcca-'s &Udder
Melody Series
July 13, 2005
VIA U. S.Mail
Mr. Nick Sekich
Mr. James Anderson
Highland Secondary Water Co.,LLC
4309 State Highway 66
Longmont, CO 80504
RE: Secondary Supply System
Dear Messrs. Sekich & Anderson:
In response to your letter dated June 30, 2005,Melody Homes, Inc. is not ready to
commit to the Secondary Supply System being proposed by Highland Secondary Water.
As you are probably aware,Melody does not yet own the property which would be
benefited by this proposed system and we are still investigating the water supply
alternatives. Therefore,we are declining participation in this program, at this time.
Sincerely,
aff/A fry/
ante Kelly
Land Acquisition Attorney
Cc (w/enclosure): Linda Sweetman-King
11031 Sheridan Boulevard•WW1-master,CO 80010•(303)46o-1531•Fos::(303)46fi-1636
www.acelodyliving-mn•www.drhurtonmlolucian vn
LONGS PEAK WATER DISTRICT
SUBDIVISION SERVICE AGREEMENT
FOR
ADLER ESTATES
1. PARTIES.The parties to this Agreement are the LONGS PEAK WATER DISTRICT
("District"), and MELODY HOMES, INC., a Delaware corporation d/b/a D.R. HORTON -
MELODY SERIES ("Developer"). The District and Developer are hereinafter referred to as the
Parties.
2. RECITALS AND PURPOSE. The Developer has a contract to acquire certain property
described on the attached Exhibit A, which the Developer seeks to develop and which is referred
to as ADLER ESTATES ("Subdivision"). The District is a special district organized under
Colorado law which provides potable water service to its customers for which monthly service
charges are made. The Developer desires that the District commit to provide potable water service
within the boundaries of the Subdivision for 1200 taps. The Developer shall comply with all of the
District's bylaws, policies and regulations as they may now or hereafter exist. Additionally, the
Developer will install potable water infrastructure in support of the Subdivision and requested taps
for which plans and specifications shall be completed at a later date and approved by the District
("the Installations"). If the Developer complies with this Agreement, then the District agrees to
provide potable water service for all requested taps under the terms and conditions set forth in this
Agreement. The purpose of this Agreement is to set forth the terms and conditions concerning the
District's supplying such domestic potable water service to the Subdivision.Accordingly,the Parties
agree to the following provisions in consideration of the terms, conditions, and mutual covenants
set forth herein.
NOW, THEREFORE, THE PARTIES AGREE:
3. CONSTRUCTION.
3.1 Subject to the terms and conditions set forth herein, the Developer shall install the
Installations pursuant to the plans and specifications approved by the District as stated in
Paragraph 3.2 of this Agreement. The obligations and benefits to this Agreement shall run
with the land described in Exhibit A.
3.2 The Developer shall submit plans and specifications as to the Installations to the District for
approval,which approval shall not be unreasonably withheld,conditioned or delayed. Upon
receipt of the plans and specifications for the Installations, the District shall have a
reasonable time(approximately 30 days)to review the plans and specifications for approval
or rejection. If written notice of approval is not given to the Developer within such time
period, the plans and specifications shall be deemed rejected; provided, however if the
District rejects such plans and specifications,the District agrees to provide to Developer the
reasons for such rejection. Developer shall have the right to resubmit amended plans to the
District for review. The District may impose reasonable standards for the protection of the
Page 1 of 8
District. This review process shall continue until the plans and specifications are approved
by the District or until terminated by the Developer. Upon this approval, and subject to the
conditions set forth in Paragraph 7.2 below,the Developer and District shall execute a Line
Extension, Participation & Rebate Agreement, a Tap Purchase Agreement, and other such
agreements (all of the above, reasonably acceptable to Developer and the District) so as to
accommodate domestic water service to the Subdivision. Developer shall make no
modifications to the approved plans and specifications without the prior written approval of
the District, which approval shall not be unreasonably withheld, conditioned or delayed.
3.3 The Developer shall notify the District at least three (3)business days preceding the date of
commencing work involved on the Installations, or replacement of the Installations,
permitted hereunder. The District may inspect the Installation or replacements during the
construction thereof, as it deems necessary to protect its interests. The right of the District
to inspect the Installations or replacements shall be solely for the benefit of the District and
shall not be deemed to be a waiver of the District to enforce the obligation of the Developer
to construct the Installations in accordance with the plans and shall not be deemed to estop
the District for the Developer's failure to install or properly design its Installation.
3.4 The Developer agrees that the construction permitted hereunder shall proceed with
reasonable diligence from the initiation of such construction to its completion. The
Installations shall be constructed in such a manner so as not to interfere with the operations
of existing facilities owned by the District without the prior permission of, notification to
and coordination with the District.
3.5 Upon completion of the Installations, Developer shall notify the District. The District shall
accept or reject Installations except that the District shall not be required to accept or reject
until and unless all fees billed have been paid pursuant to Paragraph 5 below, and until all
required easements have been dedicated. The District shall not unreasonably withhold
acceptance. The District shall be entitled to test the Installations in accordance with District
standards, specifications and directives. Acceptance or rejection shall be in writing. If the
Installations are rejected, the District shall specify the reasons for rejection, and the
Developer shall correct same, and the above process shall be repeated. Any and all fencing
and other facilities appurtenant to the District's existing facilities shall be replaced in a
condition at least equal to the condition of such facilities and appurtenances prior to
construction.
3.6 The District's review and approval of the plans and specifications of the Installations is
solely for its benefit and creates no benefit or right in any other party. The District's review
and approval of the plans and specifications shall not relieve the Developer or its agents or
employees from its duty to properly design and construct the Installations.
3.7 The Developer shall install permanent markers or indicators showing the location of the
Installations for the purpose of locating the Installations as required by the Utility
Notifications Center of Colorado. These markers shall be installed in accordance with the
standards, specifications and directives of the District. Additionally, a trace wire shall be
Page 2 of 8
installed along the entire length of the Installations,and shall be installed in accordance with
the District's standards and specifications.
3.8 The Developer shall be responsible, at its own expense, for obtaining any local, state or
federal permits or approvals necessary for constructing the Installations.It is the Developer's
obligation to investigate and determine the need for any such permits or approvals. The
Developer is responsible,at its own expense,for obtaining all local,state and federal permits
or approvals and for compliance with all local, state and federal laws and regulations
applicable to the construction of the Installations, including but not limited to land use and
environmental laws and regulations,and specifically including the Endangered Species Act,
prior to beginning construction. The Developer shall indemnify the District for any and all
costs, damages, fines and fees, including reasonable attorney's fees incurred by the District
as a result of the Developer's failure to obtain such required permits or approvals or failure
to comply with all applicable laws and regulations.
4. INSPECTION.
4.1 The District is permitted to inspect the Installations, or replacement and repairs of the
Installations during construction. Upon completion of the construction, the District may
inspect the Installations.
4.2 The District's right to inspect the Installations or replacement of the Installations in no way
relieves the Developer of its liability for improper design,construction or maintenance. The
District's inspection is solely for the benefit of the District and creates no obligation to the
District. Upon completion of the construction of the Installations, the Developer shall
provide the District with a complete set of"As Built"plans, and a set of reproducible mylar
plans together with a certification from the District's licensed engineer certifying that the
Installation was constructed in accordance with the Approved Plans. In addition, the
Developer shall furnish the District with a set of"As Built"drawings on CD in an AutoCAD
format consistent with the version currently being used by the District.
5. REIMBURSEMENT OF EXPENSES.
5.1 The Developer agrees to reimburse the District (or pay directly) for all reasonable
engineering, legal costs and administrative fees incurred by the District in preparing,
approving and enforcing all aspects of this Agreement, the costs associated with billing and
collecting these amounts for the District and the costs of inspection as described in
Paragraph 4.
5.2 Statements for costs chargeable to Developer hereunder will be forwarded to Developer and
the same shall be paid to the District within 30 days after the billing date. If payment has not
been received by the District within 30 days,Developer shall have breached this Agreement
and District may institute legal proceedings to collect the amount due and owing. In such
proceeding, the District shall be entitled to its costs and reasonable attorney's fees from
Developer.
Page 3 of 8
6. EASEMENTS.
6.1 The Developer is responsible for obtaining and ensuring dedication to the District all
required easements to support the Installations in accordance with the standards,
specifications and reasonable directives of the District. Any use of such easements by any
third party for waterlines and/or appurtenances prior to the Developer's completion of the
Installations will require that such third party pay reimbursement fees to the District, which
will be paid to the Developer pursuant to the terms of a mutually acceptable Line Extension,
Participation and Reimbursement Agreement to be entered into between the District and the
Developer. The Developer shall submit easement locations to the District for approval,
which approval shall not be unreasonably withheld, conditioned or delayed. Upon receipt
of the easement locations, the District shall have reasonable time (approximately 30 days)
to review the easement locations for approval or rejection. If written notice of approval is
not given to the Developer within such time period,the easement locations shall be deemed
to be rejected;provided,however if the District rejects such easement locations,the District
agrees to provide to Developer the reasons for such rejection. Developer shall have the right
to resubmit amended easement locations for review. The District may impose reasonable
standards for protection of the District.This review process shall continue until the easement
locations are approved by the District or until terminated by the Developer. Upon approval,
the District and each property owner granting an easement ("Grantor") shall execute a
separate agreement; the easement locations shall be attached and incorporated into said
agreement as a graphic exhibit and a legal description. Developer shall make no
modifications to the approved easement locations without the prior written approval of the
^ District, which approval shall not be unreasonably withheld, conditioned or delayed.
7. CONDITIONS.
7.1 The Developer understands and acknowledges that the District obtains its treated water
through a master meter agreement with the Little Thompson Water District (Little
Thompson). Therefore, the District's ability to perform the terms of this Agreement is
conditioned on the District being able to obtain sufficient treated water from Little
Thompson to issue the water taps contemplated in this Agreement. The District received
confirmation from Little Thompson dated December 29, 2004 (attached as Exhibit B
hereto), that Little Thompson currently has capacity to supply treated water and taps to the
District so that the District will be able to perform the terms of this Agreement and the
District agrees to use its best efforts to obtain sufficient treated water and taps to serve the
Subdivision upon Developer's payment of required fees for such capacity. The Developer
understands and acknowledges that capacity for both treatment and delivery must be
purchased by the Developer and the charges/fees for those items are, in part, determined by
Little Thompson. Any charges/fees imposed on the District by Little Thompson,or District
charges/fees will be passed through to the Developer. The Developer agrees that it will pay
all such additional charges/fees.
7.2 Notwithstanding anything to the contrary contained herein, Developer's obligations under
this Agreement are expressly conditioned upon (a) Developer's acquiring the property
Page 4 of 8
described in Exhibit A; and (b) Developer's obtaining the necessary entitlements for the
property (including, without limitation, a final plat for the Subdivisions (the"Final Plat")),
satisfactory to Developer in its sole discretion to allow for Developer's planned residential
development of the property. In the event both conditions precedent in(a)and(b)above are
not timely satisfied,then this Agreement shall be deemed void ab initio and the parties shall
have no further obligations hereunder.
7.3 The potable water service to be furnished by the District pursuant to this Agreement is
conditioned upon the Developer using commercially reasonable efforts to install a
brown-water irrigation system to provide irrigation within the Subdivision, provided that
Highland Secondary Water Company, LLC, the District, or other similar qualified
brown-water provider agrees to provide pressurized irrigation water to the Subdivision
and that an adequate amount of water rights (as determined by the District) are
transferred to the District to reasonably support such brown-water irrigation system, in
addition to the standard District requirements of C-BT transfers to support the domestic
water system. The parties understand and agree that Developer shall have the right but
not the obligation to install and/or provide its own on-site brown-water irrigation system
facilities and in the event that Developer is unable to obtain pressurized irrigation water
from Highland Secondary Water Company, LLC, the District or other similar qualified
brown-water provider, then the District will require additional infrastructure in order for
the District to provide potable water for both domestic and irrigation uses.
7.4 Notwithstanding anything to the contrary in this Agreement, the District's approval of the
Installations shall be subject to the District's written confirmation(not to be
unreasonably withheld, conditioned or delayed) that the design and/or operation of the
Installations are not compromised by the brown-water system.
8. TERM. This Agreement shall be perpetual unless modified by mutual written
consent of the parties.
9. LIABILITIES AND INDEMNIFICATION.
9.1 The Developer agrees to indemnify and hold harmless the District from all claims and
liability for damage or injury to property or persons arising from or caused directly or
indirectly by the Developer's construction of the Installations.
9.2 The Developer shall be responsible for calling the Utility Notification Center of Colorado
(UNCC) for locates before construction and repair work is done and shall hold the
District harmless for any damages and/or penalties for failing to do so.
9.3 The Developer warrants it will do nothing to adversely affect the existing facilities
owned by the District. In the event the Developer breaches this warranty, Developer shall
take all actions necessary to repair the existing facilities to their existing or better
condition, as determined by the District. Developer shall indemnify and hold the District
harmless for all costs, damages, fines and fees, including reasonable attorney's fees,
Page 5 of 8
which are incurred by the District as a result of any adverse changes to existing facilities
owned by the District which result in the water failing to meet water quality laws or
regulations.
10. RECORDATION. Upon Developer's acquiring the property described in Exhibit A,
this Agreement shall be recorded at the cost of the Developer and shall be binding on any
successors of the Parties. The obligations and benefits of this Agreement shall
specifically run with the land described in Exhibit A. The plans and specifications for the
Installations may not be recorded because of their size.
11. NOTICES. Any notice required or permitted by this Agreement shall be in writing
and shall be deemed to have been sufficiently given for all purposes if sent by certified or
registered mail, postage and fees prepaid, addressed to the Party to whom such notice is
intended to be given at the address set forth below, or at such other address as has been
previously furnished in writing to the other Party or Parties. Such notice shall be deemed
to have been given when deposited in the U.S. Mail.
DISTRICT: COPY TO:
Longs Peak Water District Bernard, Lyons, Gaddis &
Kahn
9875 Vermillion Road P.O. Box 978
Longmont, CO 80504 515 Kimbark St.
Ann: Barry Dykes Longmont, CO 80501
Telephone: (303) 776-3847 Attn: Dan Bernard
Facsimile: (303) 776-0198 Facsimile: (303) 413-
1003
DEVELOPER: COPY TO:
Melody Homes, Inc. Faegre & Benson LLP
11031 Sheridan Blvd. 1900 Fifteenth Street
Westminster, Colorado 80020 Boulder, CO 80302
Attn: Randy Havens Attn: David L. Kuosman,
Esq.
Attn: Janice Kelly, Esq. Facsimile: (303) 447-7800
Telephone: (303) 466-1831
Facsimile: (303) 438-7664
12. WAIVER OF BREACH. The waiver by any Party to this Agreement or a breach of
any term or provision of this Agreement shall not be construed as a waiver of any
subsequent breach by any Party.
13. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated
into this Agreement for all purposes.
Page 6 of 8
14. ATTORNEYS' FEES. If any Party breaches this Agreement, the non-prevailing
Party shall pay all of the prevailing Party's reasonable attorneys' fees and costs in
enforcing this Agreement through litigation, arbitration or mediation.
15. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim
arising under or related to this contract, 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. BINDING EFFECT.This Agreement shall inure to the benefit of, and be binding upon,
the Parties, and their respective legal representatives, successors and assigns.
17. ASSIGNMENT. This Agreement is assignable, provided written notice is given to
the other Party of the assignment. The District must approve any assignments from
Developer to a third party that does not have an ownership interest in the property
described in Exhibit A.
DATED: 4( `7-.005
LONGS PEAK WATER DISTRICT, MELODY HO ES, INC.,
A Delaware .s ,orations d/b/a
` , �' �, D. O' I MELODY SERIES
By: " " By:
President Name: Qv--1 l
Title: /. 1' ir/� ;
Page 7 of 8
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
The foregoing was acknowledged before me this 6 day of N2[1. , 2005 by
llw,(o3 as'P Det o-f to ,SoaaC , of the Longs Peak Water
District.
My commission expires:7//Y`/
Witness my hand and official seal.
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF4/„A een )
The foregoing was acknowledged before me this 1]"-/ day of n h; 4 ,,2005 by
pr,. Ln "cam zr� as J1nu�I 0 r o AAid;'ot Melody Homes, Inc., a
Delaware corporation d/b/a D.R. Horton—Melody Series.
My commission expires: -IS—f! 5
Witness my hand and official seal.
•
c h e f O
/�7�OTA9 �11 ', NotaPublic
Jo
lite% Bt.
My Commission Expires 12/15/2C05
Page 8 of 8
EXHIBIT A
LEGAL DESCRIPTION
ADLER ESTATES
PARCEL 11.
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 33,TOWNSHIP 3 NORTH,RANGE
68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 33,WHENCE THE EAST
ONE-QUARTER CORNER OF SECTION 33 BEARS NORTH 00°19'30"WEST 2651.44 FEET;
THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 33 NORTH
00°19'30"WEST 412.64 FEET TO THE POINT OF BEGINNING;°
THENCE LEAVING SAID EAST LINE SOUTH 47°14'44"WEST 231.97 FEET;THENCE NORTH
54°03'07"WEST 574.20 FEET;THENCE NORTH 41°55'17"WEST 627.20 FEET;THENCE
NORTH 35°57'17"WEST 588.20 FEET;THENCE NORTH 62°25'37"WEST 191.60 FEET;
THENCE NORTH 19°05'27"WEST 1058.25 FEET TO A POINT ON THE NORTH LINE OF
THE SOUTHEAST QUARTER OF SECTION 33;THENCE ALONG SAID NORTH LINE NORTH
89°10'08"EAST 1903.03 FEET TO THE EAST ONE-QUARTER CORNER;THENCE ALONG
THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 33 SOUTH 00°19'30"EAST
2238.80 FEET TO THE POINT OF BEGINNING.
CONTAINING 68.579 ACRES,MORE OR LESS.
PARCEL 2
THE EASTERLY 120 ACRES OF THE NORTHEAST QUARTER OF SECTION 33,TOWNSHIP 3
NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE
OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST QUARTER OF SECTION 33,WHENCE THE NORTH
ONE-QUARTER CORNER OF SAID SECTION 33 BEARS SOUTH 89°03'55"WEST 2670.95
FEET;THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 33
SOUTH 00°24'50"EAST 2659.16 FEET TO THE EAST ONE-QUARTER CORNER OF SAID
SECTION 33;THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF
SECTION 33 THENCE SOUTH 89°10'08"WEST 1967.09 FEET;THENCE LEAVING SAID
SOUTH LINE NORTH 00°24'50"WEST 2655.60 FEET TO A POINT ON THE NORTH LINE
OF THE NORTHEAST QUARTER OF SECTION 33;THENCE ALONG SAID NORTH LINE
NORTH 89°03'55"EAST 1967.12 FEET TO THE NORTHEAST CORNER OF SECTION 33
AND THE POINT OF BEGINNING.
CONTAINING 120.000 ACRES,MORE OR LESS.
PARCEL 3
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 34,TOWNSHIP 3 NORTH,RANGE
68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 34,WHENCE THE WEST
ONE-QUARTER CORNER OF SECTION 34 BEARS NORTH 00°19'30"WEST 2651.44 FEET;
THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 34 NORTH
00°19'30"WEST 2651.44 FEET TO SAID WEST ONE-QUARTER CORNER;THENCE ALONG
THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34 NORTH 89°07'20"EAST
1756.66 FEET;THENCE LEAVING SAID NORTH LINE SOUTH 01°04'15"EAST 2033.10
FEET;THENCE SOUTH 28°18'59"EAST 737.00 FEET TO A POINT ON THE SOUTH LINE
OF THE SOUTHWEST QUARTER OF SECTION 34;THENCE ALONG SAID SOUTH LINE
NORTH 89°54'46"WEST 2129.00 FEET TO THE SOUTHWEST CORNER OF SECTION 34
AND THE POINT OF BEGINNING.
CONTAINING 111.102 ACRES,MORE OR LESS.
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Exhibit B
LITTLE THOMPSON WATER DISTRICT
DIRECTORS - Tckplwne(970)532.709fi
.rn tea.Midst. December 29,2004
R}d.",u
Xwa..con. mato,wtoo
'thud.I.Wew
data
Canrt rise
Alm WO
MANAGER
Barry Dykes
Longs Peak Water District
9875 Vermillion Road
Longmont,CO 80504
Dear Barry:
This letter is in response to your request for more Information relating to the proposed master
meter water connection along the LTWD 24"waterline'near WCR1 and WCR 38.
We have spent considerable time evaluating the impact or your request on the District facilities.
We found that we are able to meet your capacity needs and schedule. We are currently expanding our
shared water treatment capacity to 50 million gallons per day. We currently have a 24"diameter water
line located along the alignment of WCR 38,that is looped to our new 42"diameter transmission line at
1-25, with additional capacity available. We can commit to provide service based on your proposed
schedule as detailed below
Requested capacity proposed schedule Capacity cost
(t $I950.ONgpm)
Up to 300gpm capacity summer/fall 2005 $ 585,000.00
Up to 700gpm capacity summer 2006 $1,365,000.00
Up to 1,200gpm capacity summer/fall 2007 $ 2,340,000.00
The installation of a new master meter vault would be required and it would need to include
electric service and telemetry for little Thompson Water District The master meter vault should be
located at the District boundary or at your tank site if your planned tank is within the boundary of Little
Thompson Water District.The writer line from our existing 24"line to the master meter vault will need
to be a minimum 18" diameter line to deliver your requested peak flows. The water line should be
owned and operated by Little Thompson Water District allowing Little Thompson Water District to
provide service off of the line.This would also work to minimize the duplication of water lines through
the District The location of the connection to the 24"line would need to be located along the existing
24"line between WCR 1 and WCR 5.
The purchase of the requested capacity would follow your proposed schedule above and the
capacity would be paid for in the blocks you proposed. The cost of capacity would be on a peak flow,
gallon per minute basis.The current capacity cost is$1,950.00 per gallon per minute based on our 2005
budget.This capacity cost of$1,950.00 per gpm will be adjusted annually to reflect the current Little
Thompson Water District budget.
Exhibit B
You will be required to transfer 115%of the consumption measured through the meter as is done
at the existing master meters.The commodity charge for water metered will be-same charge as all of the
master meters to Longs'Peak Water District The commodity charge was$.66 per 1,000 gallons and has
just increased to$.73 per 1,000 gallons.
All improvements to District facilities required to provide service will be your financial
responsibility in accordance with the District Rules and Regulations.All improvements must conform to
District Specifications. The design,installation and total cost of the project will be your responsibility.
We do have some drawings of past master meters that can be used to begin the design of a new master
meter.
If you have questions,please contact me.
Regards,
Michael T.Cook
District Engineer
RESIDENTIAL SUBDIVISION SERVICE AGREEMENT
I. PARTIES. The parties to this Agreement are the ST. VRAIN SANITATION DISTRICT
("District") and Melody Homes, Inc., a Delaware corporation d/b/a D.R. Horton - Melody
Series ("Applicant").
2. RECITALS AND PURPOSE. The Applicant has a contract to acquire certain property
described on Exhibit A to this Agreement. The District is a special district, which provides
sanitary sewer service to its customers for which monthly service charges are made. The
Applicant desires that the District provide sanitary service within the boundaries of the
property described below. The District agrees to supply such service. The purpose of this
Agreement is to set forth the terms and conditions concerning the purchase of service
connections and the District's providing such service to Applicant's property.
3. LEGAL DESCRIPTION OF SUBDIVISION. The Applicant has a contract to acquire the
parcel of real property known as Adler Estates, the legal description of which is set forth on
the attached Exhibit A. At such time as the Applicant obtains a final subdivision plat of the
property (the "final Plat"), Applicant agrees to furnish a reproducible copy of the subdivision
plat to the District and said plat is expressly incorporated in this Agreement by reference.
Any change or alteration in the area, size, shape, density, usages, requirements, number of
service connections or timing of development of the Subdivision which may affect the
issuance of taps pursuant to this Agreement shall first require the advance written consent of
the District.
4. CONDITIONAL COMMITMENT TO SELL/PURCHASE SANITARY SEWER
SERVICE
4.1 Subject to the subsections (a) and (b) below, Applicant hereby makes application
for 1200 single-family residential equivalent sanitary service connections
("connections") to the District's sanitary sewer system for service within the real
property described on Exhibit A. District hereby conditionally commits to sell, and
Applicant hereby conditionally commits to purchase, such total number of taps at
the then current plant investment fee per connection, and other applicable fees and
charges pursuant to applicable District Rules and Regulations for use solely within
the boundaries of the property described on Exhibit A, upon the terms and
conditions set forth in this Agreement.
(a) Notwithstanding any to the contrary contained herein, Applicant's
obligations under the Residential Subdivision Service Agreement are
expressly conditioned upon (i) Applicants acquiring the property; and (ii)
Applicant's obtaining the necessary entitlements for the property
ORIGINAL (including without limitation, the Final Plat), satisfactory to Applicant in
its sole discretion to allow for Applicant's planned residential
development of the property.
(b) In the event both conditions precedent in (i) and (ii) above are not timely
satisfied, then the Residential Subdivision Service Agreement shall be
deemed void ab initio and the parties shall have no further obligations
hereunder.
4.2 Applicant acknowledges and agrees that the District's conditional commitment is
subject to the availability of such connections at the time the Applicant purchases
such conditionally committed connections in full by payment of the total amount of
the plant investment fee and other applicable fees and charges for each connection
purchased, up to the maximum specified above. The District represents and
warrants that as of the date of this Agreement, it has plant capacity and sufficient
connections to serve 1200 single family residences on the property described on
Exhibit A.
4.3 District makes no warranties, promises or representations that such conditionally
committed connections will be available for purchase or reservation due to
limitations on its treatment capacity as determined by its plant capacity, collection
system capacity, discharge permit, and any governmental regulations or limitations.
Applicant acknowledges and agrees that it is solely responsible for inquiring as to
the availability of connections, and that the District is under no affirmative
obligation to inform Applicant of any other sales or reservations, commitments, or
any other events, which may limit the District's ability to sell the conditionally
committed connections. Applicant assumes all risks of unavailability by not
purchasing said conditionally committed connections.
5. TERM. This Agreement shall continue in full force and effect for a period of two (2) years
after execution unless extended by mutual agreement by the parties in writing.
6. ACTIVATION OF TAP. All purchased service connections (taps) shall be deemed
activated and subject to the District's minimum service charges pursuant to its Rules and
Regulations upon payment to the District of plant investment fees and all other fees due for
connection to District facilities.
7. DESIGN SPECIFICATIONS. It is agreed, as a condition precedent to service, that all
sewer lines and appurtenant facilities required to provide sanitary sewer service within the
boundaries of Applicant's property as described on Exhibit A and all necessary trunk lines,
outfall lines and connecting lines and appurtenant facilities necessary to connect with the
lines of the District as presently engineered and installed, shall be installed at Applicant's
sole cost and expense and shall be in accordance with design and specifications as fixed by
the District. Applicant agrees that the actual installation and construction shall be subject to
the general, as opposed to specific, supervision and to inspection by the District and all
related costs of engineering study, review, approval and inspection (including the District's
cost and expenses of obtaining necessary easements if public rights-of-way are not available
or if available, not feasible to utilize) shall be at the cost of and paid by Applicant. Applicant
further agrees to give the District, through the District's Engineer, adequate notice, prior to
commencement of construction of the date when such construction shall begin.
BLDRI:50218803.02 2
8. EASEMENTS. Applicant shall furnish, at Applicant's expense, any and all applicable
easements and rights-of- way within the subdivision (if not dedicated to the public use on the
recorded plat), consents, permits, licenses and other agreements.
9. TRANSFER AND CONVEYENCE 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 conveyance, transfer and assignment by the
Applicant of all Applicant's interest and ownership in said lines and personal property and
associated equipment and appurtenances 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 (2) years and shall, during said period, pay any and all costs and expenses of
repair or replacement of said lines. Upon completion, approval, acceptance, conveyance and
transfer of lines and facilities to the District, the District shall assume all responsibility
thereafter, and all costs and expenses for operation and maintenance except as to the above
two (2) 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 sewer service.
10. EXTENDED AND OVERSIZED LINES. Applicant shall be required to pay for
installation of a off site trunk line extension to connect Applicant's sewer infrastructure to
District facilities. District agrees to execute a Line Extension Agreement reasonably
acceptable to Applicant with the Applicant and to reimburse the Applicant for the cost of
such trunk line extension according to the terms of the Line Extension Agreement. District
further agrees to reimburse the Applicant Line extension fee's collected pursuant to the Line
extension Agreement at this rate for a period of fifteen (15) years from and after the date of
this Agreement, but not thereafter, to pay to Applicant for its cost but, in no event, more than
the total cost of such extending or oversizing paid by the Applicant and agreed to by District
upon presentation of Applicant's cost data.
If the District requires that trunk lines and facilities be oversized to permit the use of these
lines by the District to serve additional lands and property in addition to the property of the
Applicant, District agrees to reimburse the cost of such extending or oversizing at the then
current rate of oversizing reimbursement as stated in the District's Rules and Regulations.
11. DISTRICT REGULATIONS. All service provided under this Agreement shall be subject to
the monthly service charges and all bylaws, rules and regulations of the District, copies of
which have been provided and are available at the District's web site www stsan. corn, to
Applicant, which may be in force from time to time.
12. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary
notwithstanding, the obligation of the District to furnish sewer service under this Agreement,
BLDR I:50218803 O2 3
is limited by and subject to all orders, requirements and limitations which may be imposed by
federal, state, county or any governmental or regulatory body or agency having jurisdiction
and control over the District and/or the operation of its sanitary system and treatment
facilities, or discharge permit for discharge into state waters_
13. DOCUMENTS TO BE FURNISHED. Upon execution of this Agreement, or at such time
or times as may be reasonably requested by District, Applicant agrees to furnish District the
following:
13.1 A topographical survey of the property described in this Agreement; and
13.2 Final Subdivision plat approved by appropriate regulatory boards, commissions, or
agencies, together with requirements and conditions fixed by such entities for
development and evidence of the Applicant's compliance or plan for compliance;
and
13.3 In the event the initial area to be served under this Agreement is not the entire
project of Applicant as hereinabove described, Applicant shall furnish preliminary
plats and plans as developed by the Applicant with reference to the future total
development of the entire property so that prior to issuance of taps and initial
installation of lines and facilities the District may study and consider the total
development under this Agreement as it may relate to future demands upon the
District for service within the entire development and the effect this may have,
presently and in the future, on the District's entire system and its obligations in
regard thereto. It is understood and agreed that a request for information as to
future plans and developments of the Applicant and the consideration of such plans
by the District in connection with its obligation to service Applicant's above
described land under this Agreement shall in no wise be construed as an agreement
or obligation of District to serve such other lands or areas proposed by the
Applicant for such future development. All information required to be furnished to
District by Applicant shall be provided at Applicant's expense.
13.4 "As-built" mylar maps certified by Applicant's engineer depicting all lines,
manholes, etc. constructed, installed, and transferred pursuant to Paragraph 9
above. One copy full size the other copy one-half(1/2) size.
13.5 "As-built" AutoCad file certified by Applicant's engineer depicting all parcels,
subdivision boundaries, non-sewer utilities, sewer lines, manholes, etc. in plan and
profile, constructed, installed, and transferred pursuant to Paragraph 9 above.
13.6 A table of positions of each manhole listing latitude, longitude, and invert
elevation.
13.7 The bid tabulation of the installation costs for sewer line elements.
BLDRI:50218803.02 4
14. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations
under this Agreement shall be excused if such delays or failure are a result of acts of God and
nature, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or
military authorities, restrictions or limitations contained in any initiative approved by the
voters, shortages of labor materials, or other causes, similar or dissimilar, which are beyond
the control of such party, including any orders, requirements or limitations described in
paragraph 13 above.
15. TIME OF ESSENCE. Time is expressly stated to be the essence of this Agreement and any
failure to perform the covenants and agreements herein agreed to be performed strictly at the
times designated shall operate as an immediate termination of this Agreement.
16. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for
convenience and reference, and are not intended in any way to define, limit, or describe the
scope or intent of this Agreement.
17. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional
documents and to take any additional action necessary to carry out this Agreement.
18. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings. This
Agreement may be amended only by an instrument in writing signed by the parties. If any
provision of this Agreement is held invalid or unenforceable, no other provision shall be
affected by such holding, and all of the remaining provisions of this Agreement shall
continue in full force and effect.
19. ARBITRATION. Pursuant to Rule 109 of the Colorado Rules of Civil Procedure, all
controversies, claims, or disputes arising out of or relating to this Agreement, or any alleged
breach thereof, shall be determined by arbitration in Longmont, Colorado in accordance with
the rules of the American Arbitration Association then in effect. The arbitration award shall
be binding upon the parties. The prevailing party may file such award with the Clerk of the
District Court of Weld County who shall enter judgment thereon. If such award requires the
payment of money, execution shall issue on such judgment. The expenses of witnesses for
either side shall be paid by the party producing such witnesses. The cost of the stenographic
record, if any is made, and all transcripts thereof, shall be prorated equally among all parties
ordering copies thereof unless they shall agree otherwise, and shall be paid for by such
parties directly to the reporting agency. All other expenses of the arbitration; including the
expenses of the arbitrator, and the expenses of any witness or the cost of any proofs produced
at the direct request of the arbitrator, shall be shared equally by the parties, unless they agree
otherwise or unless the arbitrator in his award assesses such expenses against a particular
party or parties.
20. ATTORNEYS' FEES. If any party breaches this Agreement, the breaching party shall pay
all of the non-breaching party's reasonable attorneys' fees and costs in enforcing this
Agreement whether or not legal proceedings are instituted.
BLDR I:50218803.02 5
21. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
Colorado.
22. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall
be deemed to have been sufficiently given for all purposes if sent by certified or registered
mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be
given at the address set forth on the signature page below, or at such other address as has
been previously furnished in writing to the other party or parties. Such notice shall be
deemed to have been given when deposited in the U.S. Mail.
23. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the
parties, and their respective legal representatives, successors, and assigns as owners of the
land described in Exhibit A. Any deposits which are made pursuant to the District's
reservation of connection policy and approved agreements shall be transferred to the
Applicant's assignee.
24. GOVERNMENTAL IMMUNITY. Nothing in this Agreement is intended, or shall be
construed as, a waiver of any immunities provided to the District by statute or common law,
including without limitation the Colorado Governmental Immunity Act, §24-10-101, et. seq.,
C.R.S.
DATED \ 1S-0 LI
ST. VRAIN SANITATION DISTRICT
By AN'--
President
11307 Business Park Circle
Longmont, CO 80504
ATT ED.
District Manager
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrumen��yt was acknowledged before me this IS a of bar
200 L, bytkpal tat ek{• (5ca.o+ as President, and the Manager of St. Vrain Sanitation
District.
Witness my hand and official seal.
BLDRI.50218803.02 6
Notary ublic
iii,.
`-yY r... Ct APPLICANT:
---27 ,A.---. ,--.
,i zo i:6k46ET'.'I S.V
Ck'TuPGUA t MELODY HOMES, INC., a Delaware
•.• �pnO corporation d/b/a D.R. Horton — Melody
OFCOIO Series
Address: 1 1-031 She idan Blvd., Suite A
Westgli} t , CO 80020-3258
By � ' ��i
Title 1/4 _ � ` � �� � �,,� �
TTFyST
)
anager
STATE OF COLORADO )
) ss.
COUNTY OF, ✓ -/ ,;vt )
/ i t{
The foregoing inst ent was acknowledged before me this J day of2,,-1 , 2005 , by
1 )C, n,..vu , \ C±)lt;-,-, as IA I-i . ,/;---,--1 of Melody Homes,
Inc., a Delaware corporation d/b/a D.R. Horton—Melody Series.
Witness my hand and official seal
My commission expires: /,2 -/3--r -s- .
-at).1. HF99y1
I
,tQtp+�TA9 F �� c c_.,4. ti{!( ) i i s?7.-, r' s c-
,
: i. Notary Public
•
c i prveedd As To Form:
st i9>;�VB LAG•QO� /
o%•,%%%OF COI-.....'0R', �� 9i� F/Gf
/
My Commission Exibes12115/2005 istrictLegal Counse
BLDR 1:50218803 O5
EXHIBIT A
LEGAL DESCRIPTION
ADLER ESTATES
PARCEL 1
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 33,TOWNSHIP 3 NORTH,RANGE
68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 33,WHENCE THE EAST
ONE-QUARTER CORNER OF SECTION 33 BEARS NORTH 00°19'30"WEST 2651.44 FEET;
THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 33 NORTH
00°19'30"WEST 412.64 FEET TO THE POINT OF BEGINNING;
THENCE LEAVING SAID EAST LINE SOUTH 47°14'44"WEST 231.97 FEET;THENCE NORTH
54°03'07"WEST 574.20 FEET;THENCE NORTH 41°55'17"WEST 627.20 FEET;THENCE
NORTH 35°57'17"WEST 588.20 FEET;THENCE NORTH 62°25'37"WEST 191.60 FEET;
THENCE NORTH 19°05'27"WEST 1058.25 FEET TO A POINT ON THE NORTH LINE OF
THE SOUTHEAST QUARTER OF SECTION 33;THENCE ALONG SAID NORTH LINE NORTH
89°10'08"EAST 1903.03 FEET TO THE EAST ONE-QUARTER CORNER;THENCE ALONG
THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 33 SOUTH 00°19'30"EAST
2238.80 FEET TO THE POINT OF BEGINNING.
CONTAINING 68.579 ACRES,MORE OR LESS.
PARCEL 2
THE EASTERLY 120 ACRES OF THE NORTHEAST QUARTER OF SECTION 33,TOWNSHIP 3
NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE
OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST QUARTER OF SECTION 33,WHENCE THE NORTH
ONE-QUARTER CORNER OF SAID SECTION 33 BEARS SOUTH 89°03'55"WEST 2670.95
FEET;THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 33
SOUTH 00°24'50"EAST 2659.16 FEET TO THE EAST ONE-QUARTER CORNER OF SAID
SECTION 33;THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF
SECTION 33 THENCE SOUTH 89°10'08"WEST 1967.09 FEET;THENCE LEAVING SAID
SOUTH LINE NORTH 00°24'50"WEST 2655.60 FEET TO A POINT ON THE NORTH LINE
OF THE NORTHEAST QUARTER OF SECTION 33;THENCE ALONG SAID NORTH LINE
NORTH 89°03'55"EAST 1967.12 FEET TO THE NORTHEAST CORNER OF SECTION 33
AND THE POINT OF BEGINNING.
CONTAINING 120.000 ACRES,MORE OR LESS.
PARCEL 3
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 34,TOWNSHIP 3 NORTH,RANGE
68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 34,WHENCE THE WEST
ONE-QUARTER CORNER OF SECTION 34 BEARS NORTH 00°19'30"WEST 2651.44 FEET;
THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 34 NORTH
00°19'30"WEST 2651.44 FEET TO SAID WEST ONE-QUARTER CORNER;THENCE ALONG
THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34 NORTH 89°07'20"EAST
1756.66 FEET;THENCE LEAVING SAID NORTH LINE SOUTH 01°04'15"EAST 2033.10
FEET;THENCE SOUTH 28°18'59"EAST 737.00 FEET TO A POINT ON THE SOUTH LINE
OF THE SOUTHWEST QUARTER OF SECTION 34;THENCE ALONG SAID SOUTH LINE
NORTH 89°54'46"WEST 2129.00 FEET TO THE SOUTHWEST CORNER OF SECTION 34
�.. AND THE POINT OF BEGINNING.
CONTAINING 111.102 ACRES,MORE OR LESS.
H:\0068_067\Engineering\Offsite Sanitary\Adler Exhibit A LEGAL DESCRIPTION.doc Tetra Tech RMC 8/23/04
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