HomeMy WebLinkAbout20053246.tiff Message Page 1 of 1
Kim Ogle
From: Lee Morrison
t: Friday, October 15, 2004 3:56 PM
To: Todd Borger
Cc: Kim Ogle
Subject: RE: LifeBridge, Water Service Agreement, Longs Peak Water District
Longs peak Water District Agreement nis acceptable for specific PUD change of zone for the portion served by LPWD
monday you will hear from me on the road agreement
La,D. H044.4404-
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."
From: Todd Borger [mailto:Todd.Borger@ttrmc.com]
Sent: Wednesday, October 13, 2004 4:40 PM
To: Lee Morrison
Subject: LifeBridge, Water Service Agreement, Longs Peak Water District
Lee,
I'm just checking in to see what timeframe we might see your comments on this agreement. I am trying not to pester, but to
just plan ahead.
Thanks again for meeting last week.
As always, please let me know what I can do to help.
Sincerely,
Todd Borger, P.E.
Project Manager, Civil Engineer 0 7-
Tetra Tech RMC, Inc.
1900 S. Sunset St., Suite 1-F Li
Longmont, CO 80501
Tel: 303.772.5282, x138 j----1 ( t )b
Fax: 303.665.6959
email: todd.borger@ttrmc.com
website: www.ttrmc.com
2005-3246
10/15/2004
LEFT HAND WATER DISTRICT
April 25,2002
Sarah Smith
Rocky Mountain Consultants
825 Delaware,#500
Longmont, CO 80501
RE: Lifcbridge P.U.D. Tap Request#2161
To Whom It May Concern:
The Lifebridge P.U.D proposed development is located within the Left Hand Water District
boundaries,in the SE1/4 of Section 5, Township 2 North,Range 68 West.
Service could be provided to the Lifebridge development subject to the following requirements:
1)Review and approval of final water system plans,in accordance with District
standards and specifications
2) Off-site improvements as required,to be determined by District's engineer
3)Standard subdivision agreements including participation in area line
reimbursement costs
4)Payment of then-current tap fees and dedication of water rights
A tap review request has been submitted and reviewed based on current information. More
complete reviews will be undertaken as the planning process proceeds.
Sincerely,
��eterson
General Manager
P.O.Box 210•Niwot CO. 80544•(303)530-4200.Fax(3(13)530-5252
SUBDIVISION/MULTIPLE TAP SERVICE AGREEMENT
1. PARTIES. The parties to this Agreement are the LEFT HAND WATER DISTRICT
("District") and LIFEBRIDGE CHRISTIAN CHURCH ("Applicant").
2. RECITALS AND PURPOSE. The Applicant is the owner of certain property located in
Weld County, Colorado, (the "Property"). A portion of the Property is located within the
District's boundaries. The District is a special district organized under Colorado law and
provides water service to its customers for which monthly service charges are made. The
Applicant desires that the District conditionally commit to provide water service within the
boundaries of that portion of the property within the District's boundaries, which is more
particularly described in the attached Exhibit A and which shall hereinafter be referred to as the
"Project." The purpose of this Agreement is to set forth the contingencies, terms and conditions
concerning the District's supplying such domestic water service to the Project. Accordingly, the
parties agree to the following provisions in consideration of the mutual covenants set forth
herein.
3. SUBDIVISION OF THE PROPERTY. The Applicant intends to subdivide the
Property. The Applicant has furnished the District with preliminary plans which describe the
future total development of the Property so that prior to entering into this Agreement the District
could study and consider the total development under this Agreement as it relates 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.
The Applicant agrees to finish a reproducible copy of the final subdivision plat (the "Final
Plat", or collectively, the "Final Plats") for each subdivision the Property ("Subdivision") to the
District for its review before the Final Plat is submitted to the Weld County Board of County
Commissioners. After the Final Plat has been reviewed by the District, any change or alteration
in the area, size, shape, density, usages, requirements, number of service connections or timing
of development of a Subdivision that may affect the issuance of taps pursuant to this Agreement
shall first require the advance written consent of the District.
4. INFRASTRUCTURE DESIGN SPECIFICATIONS. It is agreed, as a condition
precedent to service, that all water lines and appurtenant facilities required to provide water
service within the boundaries of Applicant's Project as described on Exhibit A 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 of on-site
water lines within the Project shall be subject to the general, as opposed to the specific,
supervision of, and inspection by, the District and all related costs of the District's engineering
study, review, approval and inspection (including the District's cost and expenses of obtaining
necessary easements if public rights-of-way or utility easements are not available, or if available,
not feasible to utilize) shall be at the cost of 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.
5. INTERNAL EASEMENTS. Applicant shall furnish, at Applicant's expense, all
easements, rights-of-way, and consents within the Project (if public utility easements are not
dedicated by the plat) and which maybe required for the construction of any portion of the water
lines and appurtenant facilities which may be needed to service the Project. Such easements,
rights-of-way and consents shall be provided prior to commencement of construction.
6. WATER SERVICE.
6.1 Contingent upon the construction and financing of both the on-site and off-site
improvements that are described herein, and contingent upon the Applicant applying
for and executing a Water Tap Purchase Agreement with the District, the District
shall provide treated water service to the Project up to and including 1200 SFEs
(single family equivalencies), which are anticipated to be allocated for usage
approximately as follows: 150 residential units, 1050 commercial units, and none
for a school. Applicant shall apply for and execute the Water Tap Purchase
Agreement within 180 days after approval of the final plat of the Project by the
Board of County Commissioners of Weld County.
6.2 The Applicant acknowledges and agrees that the District's conditional
commitment of the SFEs, as set forth in paragraph 6.1 above, and the ability of the
District to enter into the Water Tap Purchase Agreement, is further contingent upon
the availability of such SFEs at the time the Applicant applies for such Water Tap
Purchase Agreement. The purchase of the SFEs may only be made pursuant to such
Purchase Agreement and the District makes no warranties, covenants, or
representations that such conditionally committed SFEs will be available at the time
Applicant applies for such Purchase Agreement due to limitations on its treatment
capacity, distribution system capacity, and other factors. Applicant further
acknowledges and agrees that the District is under no affirmative obligation to
inform the Applicant of any other sales, reservations, or commitments, or any other
factors, that may limit or affect the ability of the District to sell the conditionally
committed SFEs to Applicant. Applicant assumes all risks of unavailability by not
executing a Water Tap Purchase Agreement in conjunction with this Agreement.
6.3 The Applicant acknowledges that District is responsible only for making
domestic water available to the Project's individual taps at such pressure as may be
available at the point of delivery as a result of the District's normal operation of its
water system. The District may temporarily disconnect the flow of water in the
main or at the individual points of delivery in order to repair, maintain, test,
improve, or replace the main or other portions of the District's water distribution,
storage and/or supply system.
6.4 Applicant covenants and agrees that it will not make any warranties or
• representations to any home builder, contractor, developer, landscaping contractor,
home owner, lessee, tenant, property owner, or any other person or entity, regarding
the District's water system, pressure, or flows.
7. TRANSFER AND CONVEYANCE OF LINES AND FACILITIES. Upon
completion, approval and acceptance of the work by the District through the issuance of the
District's certificate of acceptance, this Agreement shall operate as a sale, conveyance, transfer
and assignment by the Applicant of all Applicant's interest and ownership in said lines and
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S FILEOLKODERD-LIFEBRIDGEAGT 0202005 DOC
related water transmission and distribution facilities 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
and facilities as installed against faulty workmanship and materials to the District for a period of
two years from conveyance and shall, during said period, pay all cost and expense of repair or
replacement of said lines and, at the request of the District, furnish a bond guaranteeing said
repair and replacement. Upon completion, approval, acceptance, conveyance and transfer of
lines and facilities to the District, the District shall assume all responsibility thereafter, and all
cost and expense for operation and maintenance except as to the above two-year guarantee.
Completion of construction, inspection, approval and acceptance by the District, transfer of lines
and facilities to the District, payment of all construction costs and expenses required to be done
and paid by the Applicant are conditions precedent to the obligation of the District to furnish and
provide water service to the Project.
8. EXTERNAL LINES; OVERSIZE LINES; ADDITIONAL FACILITIES.
8.1 Applicant shall be required to pay for installation of those transmission and
distribution lines and facilities outside the boundaries of Applicant's Project as determined by the
District to be necessary to provide water service to the Project. Such determination shall be
made prior to the signing of, and shall be incorporated in, the requirements of the Water Tap
Purchase Agreement or Agreements. If District requires that such lines and facilities be
oversized or extended to permit the use of these lines by the District to serve additional lands and
property in addition to Applicant's Project, the District further agrees to establish the cost of such
oversizing and extension and to reduce such costs to a "cost per tap" based upon the engineered
total capacity of the lines and the system, as may be extended, which such oversizing or
extension can serve, minus the requirements for service to the Applicant's Project. District
further agrees to impose a charge upon other applicants on such "cost per tap" basis who may
thereafter request service from the District and connection to such line, or lines. The charge shall
be no less than such unit "cost per tap" and shall be collected by the District for the benefit of
Applicant during a period of seven years from and after the issuance of the District's certificate
of acceptance as required in paragraph 7 herein, but not thereafter. The District will pay to
Applicant on a monthly basis the "cost per tap" amounts so collected and received by District
from such other applicants in the preceding month. These terms and conditions shall be set forth
in written Line Reimbursement Agreement, executed by the parties prior to the commencement of
construction.
8.2 In the event that, in order to provide service to the Project , the District determines that
additional water treatment facilities are required to expand the existing plant capacity to
adequately service the Project, the parties agree to meet and confer for the purposes of
determining the costs and timeline for upgrading the District's treatment facilities, and the parties
shall, in good faith, negotiate an additional agreement regarding the construction and installation
of such additional treatment capacity, or other temporary or permanent alternatives.
9. TERM. This Agreement shall continue in full force and effect for a period of two (2)
years after the date of execution unless extended by mutual agreement by the parties in writing.
3
10. DISTRICT REGULATIONS. All service provided under this Agreement, and all
construction and water tap purchases, shall be subject to the monthly service charges and all
bylaws, rules and regulations of the District which maybe in force from time to time.
11. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary
notwithstanding, the obligation of the District to furnish water service under this Agreement, is
limited by, and subject to all orders, requirements and limitations which may be imposed by
federal, state, county or any governmental or regulatory body or agency having jurisdiction and
control over the District and/or the operation of its domestic water system and treatment
facilities.
12. DOCUMENTS TO BE FURNISHED. Upon execution of this Agreement, or at such
time or times as may be requested by District, Applicant agrees to furnish District the following:
12.1 Upon execution of this Agreement, a topographical survey of the Project ; and
12.2 Within 10 days of the date of final approval, a 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
12.3 Within 6 months from the date of the issuance of a certificate of acceptance by
the District pursuant to paragraph 7, an "as built" drawings on mylar and in digital
format as specified by the District's engineer and certified by Applicant's engineer
depicting all lines and facilities constructed, installed, and transferred pursuant to
Paragraph 7 above.
13. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations
under this Agreement shall be excused if such delays or failure are a result of acts of God and
nature, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military
authorities, restrictions or limitations contained in any initiative approved by the voters,
shortages of labor materials, or other causes, similar or dissimilar, which are beyond the control
of such party, including any governmental orders, directives, requirements or limitations
described above.
14. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for
convenience and reference, and are not intended in any way to define, limit, or describe the
scope or intent of the Agreement.
15. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any
additional documents and to take any additional action necessary to carry out this Agreement.
16. INTEGRATION AND AMENDMENT; PRIOR AGREEMENTS. This Agreement
represents the entire agreement between the parties and except for the agreements attached
r-- hereto as exhibits, there are no other oral or collateral agreements or understandings. This
Agreement may be amended only by an instrument in writing signed by the parties. The
Applicant shall reimburse the District for any expenses incurred by the District in connection
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with any amendment of this Agreement requested by the Applicant. 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. All
prior agreements and contracts between the parties and regarding the sale and purchase of taps
are hereby rescinded.
17. 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 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. In any legal proceeding, other than mediation, the
prevailing party shall be entitled to recover his or its reasonable attorneys' fees and litigation
costs from the other party at the discretion of the arbitrator or court.
18. ASSIGNMENT. If Applicant is not in default hereunder, Applicant may assign this
Agreement without the prior consent of the District, provided said assignment is in writing and
further provided that the assignment is made in conjunction with a transfer of all or substantially
all of the property described herein. No assignment shall, however, be effective upon the District
unless and until the District receives written notice or copy of the assignment.
19. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon,
the parties, and their respective legal representative, successors, and assigns; provided, however,
that nothing in this paragraph shall be construed to permit the assignment of the Agreement
except as otherwise specifically authorized herein.
20. NO PLEDGE OF FUNDS BY DISTRICT. In so far as any of the obligations of the
District set forth herein may be construed to be a multiple-fiscal year "direct or indirect debt or
other financial obligation" as that phrase is contemplated and utilized in Article X, Section 20 of
the Colorado Constitution, such obligation or obligations are subject to an annual appropriation
by District's Board of Directors. The parties acknowledge that the District has not irrevocably
pledged any of its cash reserves to be held in reserve as restricted funds to meet any obligation
set forth herein.
21. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in
this Agreement for all purposes.
22. SEVERABILITY. If any provision of this Agreement is declared by an arbitrator or
court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be
deemed to be severable, and all other provisions of this Agreement shall remain fully
enforceable, and this Agreement shall be interpreted in all respects as if such provision were
5
omitted.
23. 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.
24. AUTHORIZATIONS. The District, upon approval of this Agreement, shall be deemed
to have approved and authorized the District's President and Secretary to execute the agreements
set forth herein as exhibits provided such documents are in conformity with the District's then
existing policies, rules and regulations, as determined by the District's general manager in her
sole discretion. Any such non-conforming agreement shall require further approval and consent
by the District's Board of Directors.
DATED: Vt Ltrt22-!10 , 2005
LEFT HAND WATER DISTRICT
By .L1
President
P.O. Box 10
Niwot, Colorado 80544
AT'�ST:
Secretar ����
DATED: _2005
LIFEBRIDGE CHRISTIAN CHURCH
Applicant'
•
By i I
N /4011
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FILES\OLN6001D-LIFE8RIDGEAGT 0203005.DOC 6
LONGS PEAK WATER DISTRICT
• I
9875 Vermillion Road • Longmont, CO 80504 • (303) 776-3847 office • (303) 776-0198 fax
March 20, 2002
Ms. Sarah Smith
Rocky Mountain Consultants
825 Delaware Ave. Suite 500
Longmont, CO. 80501
RE: Lifebridge Christian Campus Project
Dear Ms. Smith:
This letter is to confirm that the Longs Peak Water District has been contacted and asked to provide
domestic water service to the above referenced project. Most of the project is located within the
boundary of the Longs Peak Water District, with the remaining portion located within the Left Hand
Water District boundary.
We intend to provide service to that portion located within our boundary, although the service
requirements have yet to be determined. In addition, it may be possible to serve the portion located
in Left Hand's District if asked to do so by them, and an intergovernmental agreement is endorsed
by both entities. As you are aware, we are currently working with your firm to define exactly what
the service requirements will be, and what the requirements of the developer will be in terms of
infrastructure and capacity investment.
Once those and other details have been defined, agreements can be negotiated between the District
and the developer and formal commitments for service can be made.
I hope this answers any questions you may have had regarding this matter. If you need additional
information, please contact our office.
Best regards,
7 �a
Barry Dykes \\ CD
General/Mang e
Dale Bruns
rom: Todd Borger[toddb@dgmllc.com]
,sent: Monday, July 25, 2005 4:40 PM
To: Dale Bruns; Reggie Golden; Bruce Grinnell; Barb Brunk
Cc: JAGCONSTRUCT@aol.com
Subject: FW: Service Agreement-Lifebridge Longs Peak
Attachments: Ipwd lifebridge service agreement.pdf
1F
Ipwd lifebridge
service agreem...
All,
Attached for signature.
Todd
Original Message
From: barry@longspeakwater.com [mailto:barry@longspeakwater.com]
Sent: Monday, July 25, 2005 3:37 PM
To: Barb Brunk
Cc: Todd Borger
Subject: Service Agreement - Lifebridge
Barb and Todd;
Just got approval from our President to proceed with Subdivision Service Agreement. He is
authorized to sign once we have signed document from LifeBridge.
We have a nice clean copy in hand if the attached does not come through correctly. Celeste
can give it to someone if you need to send them out.
Thanks for you patience.
Barry
1
LONGS PEAK WATER DISTRICT
SUBDIVISION SERVICE AGREEMENT
FOR
PROJECT LIFEBRIDGE P.U.D.
PARTIES. The parties to this Agreement are the LONGS PEAK WATER DISTRICT
("District"), and LIFEBRIDGE CHRISTIAN CHURCH ("Developer"). The District and
Developer are hereinafter referred to as the Parties.
2. RECITALS AND PURPOSE. Developer is the owner of certain property which it
desires to develop and which is referred to as the Project LifeBridge P.U.D. That portion of
the Project LifeBridge P.U.D. that is within the District's service area ("Subdivision") is
described on attached EXHIBIT A. The District is a special district organized under
Colorado law which provides water service to its customers for which monthly service
charges are made. The Developer desires that the District commit to provide water service
within the boundaries of the Subdivision for approximately 1200 residential lot equivalent
taps (RLE's). The Developer shall comply with all of the District's Bylaws, Policies and
Regulations as they may now or hereafter exist. Developer will install certain Off-Site
potable water infrastructure to initially accommodate a limited number of residential units
in the Subdivision; install or participate in (via rebate or reimbursement agreements
described in EXHIBIT B) certain other Off-Site potable water infrastructure to
accommodate the total number of RLE's in the Subdivision; install all required On-Site
potable water infrastructure to support the total demands and requirements of the
Subdivision; and install both On-Site and Off-Site Irrigation System infrastructure
(Irrigation System) to accommodate the total number of RLE's in the Subdivision.
Ownership of the On-Site and Off-Site potable water infrastructure improvements will be
transferred to the District upon completion, approval of and acceptance by the District.
Should the District decide to own and operate the Irrigation System, ownership of all On-
Site and Off-Site Irrigation System infrastructure will be transferred to the District upon
completion, approval of and acceptance by the District. District policies regarding
ownership and operation of Irrigation Systems will be forthcoming. 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, and in
accordance with District Bylaws, Policies, Rules and Regulations. In addition, should the
District decide to own and operate the Irrigation System, and if Developer complies with
this Agreement, then the District agrees to provide irrigation water service for all requested
taps under the terms and conditions set forth in this Agreement, and in accordance with
District Bylaws, Policies, Rules and Regulations, including forthcoming policies regarding
Irrigation Systems. The purpose of this Agreement is to set forth the terms and conditions
concerning the District's supplying such 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.
1
NOW, THEREFORE, THE PARTIES AGREE:
3. CONSTRUCTION.
3.1 Subject to the terms and conditions set forth herein, the Developer shall install the
On-Site and Off-Site infrastructure improvements for both the potable water system
and for the Irrigation System ("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 for 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 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 8 below, the
Developer and District shall execute a Line Extension, Participation and 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
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 Installations 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 by
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 Installations.
2
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 6 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 for 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 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
3
r.
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 "As Built" 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. OWNERSHIP AND GUARANTEE.
5.1 Developer shall convey the potable water system improvements to the District by
means of a "Bill of Sale Agreement" at such time as construction is complete and
deemed acceptable by the District. This transfer shall take place prior to formal
acceptance by the District.
5.2 Developer, its successors or assigns, shall be responsible for the repair of, or any
replacement of, the Installations until such time as the Installations are conveyed to
the District. Until the Installations are conveyed to the District, Developer shall
provide the District with three (3) days advance notice of its intent to replace any
portion of the Installations. The District shall be entitled to inspect and approve
such replacement(s).
5.3 After the Installations are conveyed to the District, the District shall be responsible
for the maintenance, repair and replacement of the Installations. Developer shall
guarantee the Installations as installed against faulty workmanship and materials to
the District for a period of one year after formal acceptance by the District (the
"Guarantee Period") and shall, during the Guarantee Period, pay all costs and
expense of repair or replacement of the Installations. At the District's request,
Developer shall furnish the District with a bond guaranteeing said repair or
replacement.
4
6. REIMBURSEMENT OF EXPENSES.
6.1 The Developer agrees to reimburse the District (or pay directly) for all reasonable
inspection, 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.
6.2 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.
7. EASEMENTS.
7.1 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.
5
8. CONDITIONS.
8.1 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 capacity from Little Thompson to support the number of RLE's contemplated
by this Agreement. Developer also understands and acknowledges that any
additional charges imposed on the District by Little Thompson will be passed
through to Developer. Developer agrees that it will pay all such additional
charges/fees.
8.2 Notwithstanding anything to the contrary contained herein, Developer's obligations
under this Agreement are expressly conditioned upon Developer's obtaining the
necessary entitlements for the property (including, without limitation, a final plat
for the Subdivision (the "Final Plat")), satisfactory to Developer in its sole
discretion to allow for Developer's planned residential development of the property.
In the event the conditions precedent above are not timely satisfied, then this
Agreement shall be deemed void ab initio and the parties shall have no further
obligations hereunder.
8.3 The potable water service to be furnished by the District pursuant to this Agreement
is conditioned upon the Developer installing an Irrigation System approved by the
District to provide irrigation within the Subdivision. The District may elect to own
and operate the Irrigation System, in which case Developer shall convey the
Irrigation System to the District by means of a "Bill of Sale Agreement" at such
time as construction is complete and deemed acceptable by the District. This
transfer shall take place prior to formal acceptance by the District.
8.4 The Developer agrees to transfer a sufficient number of units of Colorado-Big
Thompson Project Water to the District to meet the District's requirements for the
potable water system. In addition, the Developer agrees to transfer sufficient water
rights to the District to meet the District's requirements for the Irrigation System.
9. TERM.
This Agreement shall be perpetual unless modified by mutual written consent of the
parties.
10. LIABILITIES AND INDEMNIFICATION.
10.1 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.
6
10.2 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.
10.3 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,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.
11. RECORDATION. Upon agreement and signing of this Agreement by both Developer
and District, 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.
12. 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. 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,P.C.
9875 Vermilion Road 515 Kimbark Street
Longmont, CO 80504 P.O. Box 978
Attn: Barry Dykes, General Manager Longmont, CO 80502-0978
Telephone: (303) 776-3847 Attn: Dan Bernard
Facsimile: (303) 776-0198 Telephone: (303) 776-9900
Facsimile: (303)413-1003
DEVELOPER: COPY TO:
LifeBridge Christian Church Holme Roberts & Owen, LLC
10345 Ute Highway 1700 Lincoln, Suite 4100
Longmont, Colorado 80504 Denver, CO 80202
Attn: Bruce Grinnell,Administrator Attn: Debra S. Kalish,Esq.
Telephone (303) 776-2927 Telephone: (303) 861-7000
Facsimile: (303) 776-2902 Facsimile: (303) 866-0200
7
13. 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.
14. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated into
this Agreement for all purposes.
15. ATTORNEYS' FEES. If either 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.
16. 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.
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.
18. 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.
8
Dated this 0 day of , 200 Ste.
LONGS PEAK WATER DISTRICT LIFEBRIDGE CHRISTIAN CHURCH
By \ L By 0-- �����/ Jr
Title: 4,44- -� �.•�
President C, '"
A l LEST:
Secretary
STATE OF COLORADO )
ss.
COUNTY OF BOULDER )
The foregoing was acknowledged before me this/� S ' day of J , 2005 by
�ID6✓r $Thf
tucloo as 3,mt, Dlr«f.4 , and by eRieliktrDyKe"5
as Secretary of the Longs Peak Water District.
My commission expires: "/,¢/06
Witness my hand and official seal. C , „eit—
Notary Public
9
STATE OF COLORADO )
ss.
COUNTY OF RO U Id er )
The foregoing/was acknowledged before me this /u�sfi day of f/l y , 2005 by
Re[/?aid v. k I d e n as 6PS/dent /VC Cd/'Pi, of LifeBridge Christian
Church.
My Commission Eipires \`‘‘‘‘P: IN,q'''..
My commission expires: : Not \ti'
'9 m _
Witness my hand and off cial seal. 9 � !ZJE-
/c jafi I , Qzient
ti
Notary Public
10
TETRATECH IPiC:
LEGAL DESCRIPTION-EXHIBIT A
A TRACT OF LAND SITUATED IN THE NORTH HALF OF SECTION 5,TOWNSHIP 2 NORTH,RANGE 68
WEST OF THE 6T"PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5;THENCE ALONG THE NORTH
LINE OF THE NORTHEAST QUARTER OF SECTION 5,NORTH 89°31'00"EAST 2,696.54 FEET TO THE
NORTHEAST CORNER OF SECTION 5;THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER
OF SECTION 5,SOUTH 01°05'27"WEST 2,613.54 FEET TO THE EAST ONE-QUARTER CORNER OF
SECTION 5;THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 5,NORTH
89°08'40"WEST 2679.34 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 5;THENCE ALONG
THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 5,NORTH 00°43'36"EAST 1,391.14 FEET TO
THE SOUTHEAST CORNER OF LOT B OF RECORDED EXEMPTION NO. 1313-05-2-RE 1389 OF WELD
COUNTY RECORDS;THENCE ALONG THE BOUNDARY OF SAID LOT B THE FOLLOWING 16 COURSES:
THENCE SOUTH 71°34'28"WEST 546.55 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT
(SAID CURVE HAVING A RADIUS OF 2,904.00 FEET,A CENTRAL ANGLE OF 08°20'09",CHORD OF SAID
ARC BEARS SOUTH 67°24'52"WEST 422.13 FEET)A DISTANCE OF 422.50 FEET;THENCE SOUTH 63°14'52"
WEST 1,843.45 FEET;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A
RADIUS OF 1,310.00 FEET,A CENTRAL ANGLE OF 05°19'20",CHORD OF SAID ARC BEARS SOUTH
65°54'32"WEST 121.64 FEET)A DISTANCE OF 121.69 FEET TO A POINT ON THE WEST LINE OF THE
NORTHWEST QUARTER OF SECTION 5;THENCE ALONG SAID WEST LINE,NORTH 01°04'47"EAST
831.73 FEET;THENCE NORTH 68°57'51"EAST 1,252.56 FEET;THENCE NORTH 27°20'44"EAST 1,224.16
FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 5;THENCE
ALONG SAID NORTH LINE,NORTH 89°41'22"EAST 295.05 FEET;THENCE SOUTH I6°04'00" WEST 145.38
FEET;THENCE SOUTH 06°35'40"EAST 42.71 FEET;THENCE SOUTH 38°40'00"EAST 57.32 FEET;THENCE
SOUTH 63°35'24"EAST 111.77 FEET;THENCE SOUTH 88°41'43"EAST 134.80 FEET;THENCE NORTH
79°06'16"EAST 173.06 FEET;THENCE NORTH 71°27'35"EAST 93.45 FEET;THENCE NORTH 52°23'30"EAST
180.19 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5;THENCE
ALONG SAID EAST LINE,NORTH 00°43'36"EAST 110.75 FEET TO THE NORTH ONE-QUARTER CORNER
OF SECTION 5 AND THE POINT OF BEGINNING,EXCEPTING THEREFROM THAT PORTION OF THE
NORTHEAST QUARTER OF SAID SECTION 5 DESCRIBED BY DEED RECORDED JUNE 12, 1906 IN BOOK
241 AT PAGES 392 AND 393 OF WELD COUNTY RECORDS BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5;THENCE ALONG THE WEST
LINE OF THE NORTHEAST QUARTER OF SECTION 5,SOUTH 00°43'36"WEST 1,159.38 FEET TO THE
POINT OF BEGINNING;THENCE NORTH 71°35'57"EAST 1,736.54 FEET;THENCE ALONG THE ARC OF A
CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 1,398.11 FEET,A CENTRAL ANGLE OF
41°46151", CHORD OF SAID ARC BEARS NORTH 50°42'31"EAST 997.08 FEET)A DISTANCE OF 1,019.52
FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 5;THENCE
ALONG SAID NORTH LINE,NORTH 89°31'40"EAST 91.82 FEET;THENCE ALONG THE ARC OF A CURVE
TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 1,478.11 FEET,A CENTRAL ANGLE OF 43°34'37",
CHORD OF SAID ARC BEARS SOUTH 49°48'39"WEST 1,097.29 FEET)A DISTANCE OF 1,124.19 FEET;
THENCE SOUTH 71°35'57"WEST 1,764.29 FEET TO A POINT ON THE WEST LINE OF
SHEET 1 OF 2
01/06/05
R:\4270 001\LEGAL DESCRIPTION LONGS PEAK WATER LETTERHF 1900 S.Sunset Street,Suite 1-F Longmont,CO 80501
.c.303.772.5282 w 303,665.6959
www.ttrmc.com
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a . .a. •, u ` DATE: 9/ 6/ 0 .S
PETER A.BRYAN rra GRAD a PLS O.20673 J
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SHEET 2 OF 2
01/06/05
LONGS PEAK WATER DISTRICT
July 13,2005
EXHIBIT B
LIST OF LINE EXTENSION, REIMBURSEMENT AND PARTICIPATION FEE
AGREEMENTS RELATIVE TO PROJECT LIFEBRIDGE
DEVELOPMENT
The following is a list of Line Extension, Participation and Reimbursement Agreements
which may apply to the Project LifeBridge Development:
1. Elms Line Extension, Reimbursement and Participation Fee Agreement- 2001.
2. D.R. Horton/Melody Line Extension, Reimbursement and Participation Fee Agreement -
2005 (pending).
3. D.R. Horton/Melody Easement Acquisition and Reimbursement Agreement- 2005
(pending).
4. Hergenreder Main Line Line Extension Agreement- 2005
St. Vrain •
SANITATION
DISTRICT
March 19,2002
Ms Sarah Smith
Rocky Mountain Consultants
825 Delaware Avenue
Suite 500
Longmont,CO 80501
Re: LifeBridge PUD,Section 5,T2N, R68W
Dear Ms Smith
The above referenced proposed subdivision lies within the District's service area. Consequently, it is an
element of the District's long range plans to provide sanitary sewer service to the area.
Provision of sanitary sewer service to the proposed subdivision is contingent upon:
• Inclusion of the subdivision into the District,
---� • Construction of necessary trunk lines to serve the subdivision,
• Payment of all applicable fees and charges, and
• Meeting all conditions pursuant to the District's Rules and Regulations.
If you have any questions,please give me a call.
Sincerely,
Saint Vraio Sanitation District
r-Peterson
anger
•
436 Coffman Street Suites 203 &204 P.O. Box 417 Longmont,CO 80502-0417
Phone: (303)776-9570 Fax: (303)774-2349 Email: mark@stsan.com
RESIDENTIAL SUBDIVISION SERVICE AGREEMENT
1. PARTIES. The parties to this Residential Subdivision Service Agreement (this "Agreement")
are the ST. VRAIN SANITATION DISTRICT (the "District") and LIFEBRIDGE
CHRISTIAN CHURCH (the "Applicant").
2. PURPOSE. The Applicant owns certain real property, legally described in Exhibit A (the
"Property"). Exhibit A is attached to this Agreement and incorporated herein by this reference.
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 sewer service ("Service")within the boundaries of the Property. The District desires to
supply Service. The purpose of this Agreement is to set forth the terms and conditions
concerning the purchase of sanitary sewer service connections and the District's providing
sanitary sewer service to the Property.
3. SUBDIVISION OF THE PROPERTY. The Applicant intends to subdivide the Property.
The Applicant has furnished the District with preliminary plans which describe the future total
development of the Property so that prior to entering into this Agreement the District could
study and consider the total development under this Agreement as it relates 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.
The Applicant agrees to furnish a reproducible copy of the final subdivision plat (the "Final
Plat", or collectively, the"Final Plats") for each subdivision the Property ("Subdivision") to the
District for its review before the Final Plat is submitted to the Weld County Board of County
Commissioners. After the Final Plat has been reviewed by the District, any change or alteration
in the area, size, shape, density, usages, requirements, number of service connections or timing
of development of a Subdivision that 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 Applicant hereby applies for 801 single-family residential equivalent sanitary service
connections("Connections") to the District's sanitary sewer system for service within
the Property. Subject to the terms and conditions stated in this Agreement, the
District hereby conditionally commits to sell, and the 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 by-laws, rules and regulations, which may be in force from time to time (the
"District's Rules and Regulations") for use solely within the boundaries of the
Property,upon the terms and conditions set forth in this Agreement.
4.2 The Applicant acknowledges and agrees that the District's conditional commitment is
subject to the availability of the Connections at the time the Applicant wishes to
purchase such conditionally-committed Connections. Purchase of the conditionally-
committed Connections may only be made by paying in full the total amount of the
COPY
plant investment fee and other applicable fees and charges for each Connection
purchased, up to the maximum specified above.
4.3 The 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.
The 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 the 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 the date of execution unless extended by mutual agreement by the parties in writing.
6. ACTIVATION OF TAP. All purchased Connections (taps) shall be deemed activated and
subject to the District's minimum service charges pursuant to the District's 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 AND CONSTRUCTION. It is agreed, as a condition
precedent to Service, that all sewer lines and appurtenant facilities required to provide Service
within the boundaries of the Property ("Sewer Lines") and all necessary trunk lines, outfall
lines and connecting lines and appurtenant facilities within the Property that are necessary to
connect with the lines of the District as presently engineered and installed ("Connecting
Lines"), shall be installed at the Applicant's sole cost and expense and shall be in accordance
with design and specifications as fixed by the District. The Applicant agrees that the actual
installation and construction of the Sewer Lines and the Connecting Lines shall be subject to
the general, as opposed to specific, supervision, inspection and approval by the District. The
Applicant further agrees that the installation and construction of the off-site lines and facilities,
including outfall lines, connecting lines, and trunk lines, will be constructed by the District
utilizing funds provided to the District by the Applicant. All related costs of engineering study,
review, inspection and approval (including the District's cost and expenses of obtaining
necessary easements if public rights-of-way or utility easements are not available or, if
available, not feasible to utilize) for both on-site and off-site construction shall be at the sole
cost and expense of, and paid by, the Applicant. The Applicant further agrees to give the
District, through the District's Engineer,notice of the date when construction shall begin at least
seven(7) days prior to commencement of construction.
8. EASEMENTS. Applicant shall furnish, at Applicant's expense, any and all applicable
easements and rights-of- way within each Subdivision (if not dedicated to the public use on the
recorded plat), and all consents, permits, licenses and other agreements necessary to effectuate
the intent of this Agreement.
2
9. TRANSFER AND CON\TVEYENCE OF LINES. Upon completion, approval and acceptance
of the Sewer Lines and the Connecting Lines by the District, as evidenced by 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 the Sewer Lines,
the Connecting Lines, and related appurtenant facilities 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 Sewer Lines and the Connecting 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 the Sewer Lines and the Connecting
Lines. Upon completion, approval, acceptance, conveyance and transfer of the Sewer Lines
and the Connecting Lines 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. The completion of the construction, inspection, approval and acceptance by the
District, the transfer of the Sewer Lines and the Connecting Lines by the Applicant to the
District, and the payment of all construction costs and expenses required to be paid by the
Applicant are conditions precedent to the obligation of the District to furnish and provide
Service.
10. EXTENDED AND OVERSIZED LINES. The Connecting Lines include a trunk line
extension to connect the Applicant's Sewer Lines to the District's facilities. The Applicant
agrees to advance the estimated construction costs (including the costs of engineering and
design) to the District in advance of the bidding of such project. The District agrees to execute
a Line Extension Agreement with the Applicant to reimburse the Applicant for the cost of such
trunk line extension and other required off-site connecting lines according to the terms of the
District's then-applicable agreement, rules and regulations. Further, if the District requires that
trunk lines and facilities necessary for service to the Applicant's Property be oversized to
permit the use of these lines by the District to serve other lands and property in addition to the
Property, the District agrees to reimburse the cost of such extending or oversizing at the then-
current rate of oversizing reimbursement stated in the District's Rules and Regulations. The
District further agrees to reimburse the Applicant at this rate for a period of fifteen (15) years
from and after the date of this Agreement, but not thereafter. The District shall pay the-
Applicant for its cost incurred in such extending or oversizing, but in no event shall the District
reimburse the Applicant more than the total cost of such extending or oversizing paid by the
Applicant and agreed to by District.
11. DISTRICT REGULATIONS. All Service provided under this Agreement shall be subject to
the District's monthly service charges and to the District's Rules and Regulations.
12. GOVERNMENTAL REGULATIONS. Any provisions of this Agreement to the contrary
notwithstanding, the obligation of the District to furnish Service under this Agreement 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 sewer system and treatment
facilities, or discharge permit for discharge into state waters.
3
C
13. DOCUMENTS TO BE FURNISHED. Applicant agrees to furnish District the following:
13.1 Upon execution of this Agreement, or at such time or times as may be requested by
District, a topographical survey of the Property; and
13.2 When approved by the appropriate governmental boards, commissions, or agencies,
the Final Plat(s), together with any requirements or conditions of approval fixed by
such governmental entities, together with evidence of the Applicant's compliance or
plan for compliance; and
13.3 Upon completion, approval, acceptance, conveyance and transfer of the Sewer Lines
and the Connecting Lines to the District:
13.3.1 "As-built" mylar maps (one full-sized and one half-sized copy), certified by
the Applicant's engineer and depicting all lines, manholes, etc. constructed,
installed, and transferred pursuant to Paragraph 9, above.
13.3.2 "As-built" AutoCad file certified by the Applicant's engineer and 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.
13.3.3 A table of positions of each manhole listing latitude, longitude, and invert
elevation.
13.3.4 The bid tabulation of the installation costs for sewer line elements.
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.
4
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 fill 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.
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
5
ST. YRAIN SANITATION DISTRICT
f --
By h \. _-U.;i'4-1:�, ','
President
11307 Business Park Circle
Lo m_u CO 80504
ATTE TED: res, _+'._1,gR ,y�9iI
o9.Cr /i 3 :
strict Manager i . :• 5'i4, 'A// G.� 0:
� ,
STATE OF COLORADO ) sTF•........�pPPr'
) ss. _
COUNTY OF WELD ) ilyCoMMISSiOll Spires 1W2912007
The foregoing instrumerit was acknowledged before me this � Lit: of raliti 200,57
byW arktsitt as President, and the Manager of St. Vrain Sanitation Dr trict.
Witness my hand and official seal.
My commission expires: 1 0/al 4/0 7
Notary Public
APPLICANT:
LifeBridge Christian Church
Addr�} 10345 IJte Highway
Lo gmnnt, CO 80504
By ._i'A /S-- Vvl6i
Title :177( =t I-`-:stir
ATTEST:
•••—•-• Manager
6
STATE OF COLORADO )
0 ) ss.
COUNTY OF geo:b )
7L
The foregoing instrument was acknowledged before me this 21.0— day of <7ff i , 200 /by
S P t ilA> P2c.c:a e sr (44__k,:c•C liy ktire (4 Smt)ClitrdtGL _
Witness my hand and official seal
My commission expires: 17/u//
R. PAIGE MATHEWS Notary Pub is
Notary Public
State of Colorado ro d As To Form:
District Legal Co 1
H:\4270_001\Eng\SVSD Agreement COZ\LBCC Subdivision Service Agreement.doc
7
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