HomeMy WebLinkAbout20060734.tiff Lauren Light
Lee Morrison [Imorrison@co.weld.co.us]
int: Tuesday, August 23, 2005 4:24 PM
To: Lauren Light
Subject: RE: water agreement
Loren
The agreement is accepable
Lee D. Morrison
Assistant Weld County Attorney 915
10th St. , PO Box 758
Greeley, CO 80632
(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. "
>>> Original Message
>>>From: Lauren Light [mailto:llight@agpros.com]
>>>Sent: Tuesday, August 23, 2005 3:35 PM
>>>To: Lee Morrison
>>>Subject: water agreement
>>>
>>>Hi Lee, I faxed a water agreement to you on August 9th
>>>regarding Twin View Estates. It is a main line extension
>>>agreement from Little Thompson that has been approved by the
>>>water board. If it meets with your approval could you let
'>>me know so we can submit the change of zone? That is the
>>last item we are waiting on. Please call me if you have
>>>guestions. Thank you.
>>>
>>> Lauren Light
>>> AG and LANDPROfessionals, LLC
>>> 4350 Hwy 66
>>> Longmont, CO 80504
>>> 970-535-9318
>>> 303-485-7838 (metro)
>>> 303-870-0013 (cell)
>>> 970-535-9854 (fax)
>>> llight@agpros.com
>>>
>>>
1
2006-0734
07/15/2005 13:53 9702E 58 KROSS PAGE 02
1—W IUV (4,
Main Line Water E:xtensiun Agreement
This Ail-cement.made and enteral role this , _ day of
.200 sold between
f.ITTi.i` I lICN►Q1iy'Ot WAIT It pI5'I'I(1( 1 hereinafter Ihe"I)ibtrict"and ''win View I•:wale ,
hexeinaticr eulleAl-Customer",is Latta tltu lilllowttlg,lust,dead Carldititrft5,1O-wit:
I, The District is orwanivttltt its a ,pei.i,d district muter law,of the Stale il'('olonuin serving treated water within the I)istnet a.may now he
established,or as he•civatter L'',tahlishr_d. The Customer is either a taxruying cle)Ctor within I he District.nr desire.Io reveive w,ilel'service
and Io turn the I)s.n et.
2. TheC'usttauer desires to r>hiain water service Fix'the"property"tleticrihe:el in this Agreement.
3. the('usionlcr.shall pay for anti provide all wafer stains either within or without the boundaries of the 1)istriet in order to provide water
serviev to the property: but the District may a nsiruet s(rill fouls::, or the 1Dislriet nuty approve construction by the ( tastitner, or the
(ustt+tner'.eon ra,Aor upon terms upprovutl try the District.
A. The District must approve such cotstayGitnt by the Cusk,nx:r,or the('u utaner's contractor by it written agreement prcwisliii r hit
the lernix of such installation, imitating requirements that the a:uletiais used shall meet all s4Luliinis u£'the 1)1 iinet and dint
provides for inspection by the t)ilttrici of the c,,ntirt/elt<ltl Of such water mains. the cos(of'alI txfvitruen.rn shall be paid by the
Customer to the lh.iriei.
U. A deposit in the amount httelrlafler provided strati he pail)by hit'Customer 1I1 the District as an advtini :towards the construct kin cost of the 1)isirict his such iii 1iallalitSl. After contpletion of yll construetirtn and acceptance by the l)istric.'t,a final adjustment iii
costs will be mmade, if ncex wry. In the evert than it is determined that the deposit is insutlicicnt to rover the estinrdleltl cost of
tvnlslruction,then the('u.tonler shitfi pay Lo(lie District.,NI dims hits additional advances Iowards the cost ofeiansrructi,rt.
C. If the installation is etnstrue*ed hy the C'uslottter,or the Cuslottttr's c ntras:tor. the Customer shall u'a)isli r all right. title•and
interest in and to the tr+eilitics insiallcxf as well as all easo eats and appurlerinnces and taller necessary property rights t.. the
1)ialriet hy grind and sufficient assigrtnientt or hill nfaiik•or gcnenitl w-arranty deed. •ueh transfer xhu11 he made free and clear of ail liens and eJieunthrunecs,und the('usteaner shall ti nlish.utticiexu evidence or title or a-forts !(1(I"title Iptlicy if required by
the I)isirit:i. The customer stall runtish naax:hantic's lien rekamscts or a good and sufficient Ixxtimuana and lxaytnteni bond
purs'W1M In the C'uharado Medtwtic's Lien law Ili order to insure That all e'ewtstraction casts have been land in full. All labor and nxrieriitls shall he wart:ma:ft for detects of tiny kind by ('usttmter gill ( usttr er s contractor fcr one war from the dale or
acc:eplance ofsueli Iaeilities by the writtttt acceptance of'such Ftciiitierc ilk District,upon reccipr of th tiocumaits of!noisier
and evident.,'c of title, shall eon.aitla' whcxhcr to aceepl or reject Mc installation. If the Customer has unnpinxl with this
Agreement and all other coalitions precedent to the acceptance 04 flue facilities,the I)islrict;hall apimrve•und assort the trurtster
and shall thereafter assunu nrimitutn and watinivhratt a of the loxes.. in uo cvcm.shall the I)lxlriet assunie ownership,operation or
maintenance()fatty installation on thy aeries side ofthe ntecring installation kirdhe properly.
4. I'he l)istriet will provide service itt accordance with its rule,and Is_'ulatntns and line esloxitn policies as now adopted or as unity he
llereatier tNhttped by the District. 'Ilk'Customer shall commence payment of established rules of the District,irteluding lniltintigo iee.'.,tat
the dote or instu l'tit tot of it lap and water is at a i lu bk Inc Usual the le tap.
The 1)islnct. itunuats to the terms of this Agreement.will undy •Ix'nahligiaexl to serve the lap sin sht►wii tat this Agreement,
C.. The terns or this Agreement shall apply to the pn>perly described herein,alai the taps hereinafter provided may he used only upon sitid
property. The panic's Itcrciu altrcx that this Agreement shall he treated as persoial property and not rein property.
7. The C'ustomer shall provide the with nn at.eurate copy of the final plat of'the protest)•W be served by the i)isiniet. If the phit must
Its itpintrved by the(County Commissioners,then a recorded copy to-the plat with the(left(and Retarder of the Colorado('ounty in which
the development is situated niusl ht;provided to the f)iuria.
t'u>uttmur herctry grants to the District the right!neater upon the land o1'the Customer imd on the property its Itcrein described blemish-eel.
tlx:r•ate and nrdirNuin the litCillfies hettin dkserihetf_ iugetiler with the hill right of ingress and egress, and in cut mat trios trees and
shrulshcry to the extent necessary. The('ussotner shall obtain and taw vey to the I)lstric-1 all casements required by the I)isiriet. and its;f)isirici shall not he resptatsihle tbriany delay in providing service in the event of Ihilure io provide such calsetnents. ruriltcnniwe,failure to
provide easements required by the District will cause this Agreement in heta Nne null and void and of no furthu• Force and eft-e4.1. and the
Customer shrill litrfel':all intimv Or rights thenxufi+re tninsfen'cd in the I)istrtet.
• 9. flue laeilt ies herein det-rilled are required by the Customer by date hereurafier stated. In the event the District installs the taeiflty, the
District shall use ret<sonuhly diligence in pntvkIing said tacilifies by that date. IF said fityiiifies cantles be installed because ofacI of(iekl.
govcrltptenta' authority. action of the elements. accident, strikes, labor tnaihle, inability to secure materials or equipment, or any eattisa
tlevjikl Ihr ltauatahie•commit or the 1)isiriet.the 1)istrici shat!not be liable literature of tirdatamages caused thereby.
I(1. In the event the I)t.trict installs the facilities,the District shall install Ilk facilities described licrein in aceordlutee•with gtaal engineering
pricttce liter the(-asttatuen has established property lines,cut slrtess,alleys and Casements En Anal p mirk•and prier to the paving of streets.
and the cinr,triteti<n iii curb.and Putters. The Customer shall reimburse the;District for any expense due lu subsequent changes by the
C•u si<tl rice'.
1 I. Witter service shall he fr.ovidecl It.('ustamerx located within the pnapcny in the District's npplieahle rates.and Lanni terms taunt Contliti<nx
now in elleet or at the nuvc mud under the tenni and conditions-as may he hcrcuficr he adopted by the f)istriet and ufkwa the sttce scat
ry:,1 ctl,tt1O05 as now estubtishcd or us may 11erc:allex be estahlis'he,Yl by the I)isir,ct. No water verviet•may he ohtttilictl except upon property
Included within the boundaries of the I)istrics. ('ust<Nnt-r agrees that no.abet'per, 1I shall be permiucil to use water pntc+ded by the laps
• herbs described.
i 2. In the even that c,lnatruyIhtit or the water mains is not ettrnpletetil fry the('vslsNner or the('estixncr's ciaitni stir on or IMli+re^years from the dole of 1ttit: Agreement. then this Agreement shall become'pull and void. b+ .uelr event. the District nifty set till'against the (lcpiisit
herein frovaled tiir the i111rti iltl,rl it+ckp disc anti mum ihty hul:nict of sul'h deposit,!('ally-it,the C'uslatncr. ('usloiner agrees in pay;all
expense 1rteurrtd by the f)istrict in excess oi'Snell tk;p<hil.
t I WI)Mann:10
tl(vart'd may titan) nags l t.t 3
07;15/2005 13:53 9702r-'150 KR0SS PAGE 03
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 cash 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 upon the date of installation of each such tap.
14. The District agrees to allow installation of the number of taps hereinafter provided within the abode-described property,and each tap shall
not exceed 3i inches. No taps will be served by the District until all of the terms and conditions of this Agreement have been fulfilled by
the Customer, including transfer of the above-dcacaibod water rights. The taps may not be used on any property other than that described
herein without the express prior written consent of the District to such transfer. Any such transfer shall be made to Customer, and such property,and the Customer, shall meet all rules, regulations endproperty owned acbyhieve
the
requested transfer. Any right to receive a tap option or water rights credit under thiisA Agreement,
of the District in order todes rib a
gteement, whether upon the above-described
property, or at any other place shall expire and become null and void 20 years from the date of this Agreement. Customer may not
encumber,mortgage or collaterally assign the taps without the prior written consent of the District thereto, In all other respects the taps or
water rights credit shall be treated as personal property.
15. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the District,the
District may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property not included within
the below described property. These tap rebates will be paid in accordance with the District Rules and Regulations and the Custu,uer
should familiarize themselves with this portion of the aforementioned Rules and Regulations. The parties hereto agree that refunds will be
made for a period of 5 years from the date of this Agreement and that upon expiration of said 5-year period,the District shall have no
further obligation to make refunds. The total amount of the tap rebates will not exceed the Customer's cost for the improvements.
16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter be
established by the District, District shall not 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 sereices,programs,or facilities furnished by the district constitute a perpetual such lien may be foreclosed in the same manner as providedlien on the thepr foreclosure
o are fesechani and liens.
ths.
432-1-1001(W, by the laws of the State of Colorado for foreclosure of mechanic's
C.R.S. 1973 (1981 Amendments). In the event Customer fails to abide by any of the terms or conditions of this
Agreement, Customer agues to pay all costs and expenses incurred by the District as a result of the breach including direct and
consequential damages,loss of revenue,attorney fees,court costs,expert witness fees and other expenses.
19. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties
hereto. Except as provided herein,the Customer may not assign all or any part of any interest in the Agreement to any person_
IN WITNESS WHEREOF,the parties hereto have set their signatures the day and year first above written.
E THOMPSON D T 1CT CUSTOMER
By: Twin View Estates,LLC�� re--
Mailing Address: 3555 Stanford Road,#204
Ratified by LTWD Board of Directors on: Fort Collins,CO 80525
Telephone; 970.226-1414
1.) Real tate Description for Agreement('Property"):
Lot B of RE-2953
2.) Amount of Deposit: $
3.) Date Customer needs facilities:
4.) Number of Northern Colorado Water Conservancy District units minsfetred to District:
5.) Price per unit of Northern Colorado Water Conservancy District water
6.) Tap Size: 5/8 x 'i6 inches.
7.) Number of taps to be installed: 9
8,) Plat Provided? x Yes No
9.) Number of new fire hydrants: 2
10.) Fee for hydrants: $ ,
LTWD Form 210
(Revised May 1986) Page 2 of 2
08/31/2005 15:58 97053598--- AGPROS PAGE 02/06
_-TAUG-31-2005 WED 03;22 PM SOuIRWEST WELD PLANNING FAX NO. 720 ,.,,2 4211 P. 01
WATER SUPPLY INFORMATION SUMMARY
:sin rata c ll t float*a,gpEAar attata to sr aateAtaLaMa nitre stt a wrr+wq I r
is wads ie the of Lry.INkY ad tw.dobih wi M a dok s as r Sokoto mph of raht.
1.NAME OF DEV6INWENT AS PRIME
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L LAN ueEACT10N marl E PILoM R --co 1 S�'T �
AWN OF EXAMS?Mgt AS RECO1° -- q5 3 S
suWASICN NUM KOOK LOT
a TOTAL Aaai6E �/t6a) R.NUMBER SF LOTS PROPOSED 9 PUT MAP 8GI.08ED JEeEO
&PARtEL wormy-Plea on spies d t ok.lbw w ohs tr cheer or Aostokls-
A.Wa paw srW.t MMaa MINK ON 1a#aa 1,ant O YEa KIM
0 H a do peed WM Ma prt of a It td as0s aisa JNN*JIM_ VE0 0 NO
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t.10CATm OF man-w de a sg diia-. Wo;St one al%bits a sairr nnur. ! j�
1M OF 5\13 IN SECTION `5 TOMO, ` N Qs MNGE `�l v 0 E XW
PROM MERU* TRl 17 liAL O UIE O IWSTRJN►
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on TM O To 0 Me N eat acrid bat am*stele O Ys O He
S.ESTIMATED WATER IEUI IT3•awro sr eve Ara in M Toe 10.WATER SUPPLY SOURCE
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IL TYPE Of M IANE DISPOSAL SYOTBI
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