HomeMy WebLinkAbout991914.tiff From: jmfolsom<jmfolsom@ecentral.com>
To: CENTDOMAIN.CENTPOST(CHARDING)
Date: 7/13/99 9:43am
Subject: Please forward this communication to the Commissioners.Thanks, John Folsom
ST.VRAIN CONCERNED CITIZENS
7050 Loma Linda Ct., Longmont CO 80504 303 833 2992
July 12, 1999
Ms Monica Daniels Mika, Director
Weld County Planning Services
1555 North 17th Avenue
Greeley CO 80631
Subject: Idaho Creek PUD, Change of Zone S460
Dear Ms Daniels Mika:
We have the following comments based on the Idaho Creek PUD layout plan
dated May 5, 1999, recently received,compared to the sketch plan of
April 28, 1998:
WCR 7-1/2 is still the only access means to the site[through the Milky
Way Business Park].We do not believe this meets the access requirements
of the fire district.
The school site still is partially in the flood plain.We question
whether this would be acceptable to the school district.The school
accesses shown to WCR7-1/2 do not provide for traffic leaving the school
grounds to directly travel north to SH119[without first heading south,
then making a U turn around the median.
Although dwelling unit densities have decreased.they remain highly
concentrated when calculated on the area actually given to construction
of residences[32.25 acres of lot area plus 12.84 acres of right of way
divided by 353 lots equals approximately 9 dwelling units/acre].
We feel that complete information of the extend of the flood plain
[flood base elevation, etc.]should be available for evaluating this
project for flood hazard. This would involve receiving a Letter of Map
Revision [LOMR]or at least a Conditional Letter of Map Revision[CLOMR]
from FEMA in our estimation.
Please refer to our letter of May 18, 1998 for comments relating to
statutory priority of mining the unmined portions of the property,
adequate police protection,etc.and the letter of June 8, 1998 from the
Colorado Geological Survey relating to soils on the property.
We received only the aforementioned map, but would appreciate receiving
any other new information regarding the project. We appreciate the
opportunity to make comments as all these projects affect us in the area
in some manner.
Very truly yours,
St.Vrain Concerned Citizens
John S. Folsom
PC:Weld Board of County Commissioners
idahocrk2.doc
rj.. EXHIBIT
991914
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St. (rain XUCA( jrnpact ,istrict
7050 in 1.
.L..q...o..t, CO 80504
Ron,- (303) 833-2992
May 18, 1998
Monica Daniels-Mika, Director
Weld County Dept. of Planning Services
1400 N. 17th Avenue
Greeley CO 80631
Subject: Weld Co. Referral: Case No. S-460
Idaho Creek PUD
Dear Ms Daniels Mika:
One of the objectives of the St. Vrain Rural Impact District is the retention of some of the
agricultural and natural features of the MUD area. The proposed Idaho Creek PUD conforms
with this goal in the percentage of regional type open space incorporated in the design of the
development. We recognize that this is the result of the nature of the land and its being in a flood
plain that was instrumental in its dedication to an open space rather than other use, However, we
would prefer to see a less dense residential use of the land, even though the project is adjacent to
a mobile home park and commercial uses. This less dense use would begin the transition to lower
intensity uses to the south.
In addition, we make the following general comments relevant to this project that you might wish
to keep in mind:
1. I. General Concept B: Check that the allegation that the property is approved for residential
development in the MUD plan where some of the houses are to be built. A portion of the land
along the easterly irrigation ditch appears to be classified for "Limiting Site Factors" according to
MUD map 2.1. In addition there is no regional trail along the ditch as required on MUD map 2. 1.
2. VII. Traffic Circulation: Mention that CR7-l/2 will be extended to CR22 in the near future
would indicate that there is an intention to build CR22 which does not presently exist in this area.
3. IX. Soils: Would recommend soil tests be required, as soil conditions can suddenly change.
The Soil Survey of Weld County, Colorado, southern part [USDA Soil Conservation Service]
indicates there might be aquolls and aquepts in the area which are poor draining. And we are all
aware of the presence of expansive soils all along the front range.
4. XI. Minerals: Would check that referral has been sent to correct holder of mineral rights as new
wells are being drilled in the area. [Firestone's St. Vrain Ranch only discovered that new wells
were to be drilled after street plans had been submitted for final approval.]
5. XV. Service Impact A: Some consideration should be made of the inadequacy of County police
protection in this entire area. It puts the residents at risk and is a tremendous burden on the
resources of surrounding police depts. responding to calls for assistance in the area.
1. EXHIBIT
6. XV. Service Impact B: It is hoped that the County will insist on impact fees [ land or cash in
lieu] being provided by the developer to the St. Vraht school district. There is no indication of
land set aside in the plat submitted. It is unfortunate that the County is so reluctant to enact an
IGA with the school district, which is so important for providing school facilities for the youth of
the area.
7. XIII Landscaping: Do the landscaping [and street standards etc.]proposals of the developer
conform with the requirements of the impending IGA Uniform Baseline Design Standards for the
area?
We hope these comments will assist in the evaluation of this application and that Weld County
government will keep in mind the preservation of the character and heritage of this area in the face
of the pressures for development when making that evaluation.
Very truly yours,
St. Vrain Rural Impact Group
John S. Folsom
PC: BOCC, Weld County Planning Commission, Weld County Attorney
idaho.doc
IT IS REQUESTED THAT THIS LETTER BE MADE PART OF THE RECORD OF ANY
PUBLIC HEARING REGARDING CASE S-460.
ST. VRAIN CONCERNED CITIZENS
7050 Loma Linda Ct.,Longmont CO 80504 303 833 2992
May 15, 1999
Weld Board of County Commissioners
P 0 Box 758
Greeley CO 80631
Subject: Idaho Creek - Case: S460
Dear Commissioners:
In reviewing the responses to referrals on this case we noted a letter dated February 2,
1999 from the Left Hand Water District which stated: "The District received 1041 permit
approval from Boulder County to begin construction of the District's Eastern
Transmission Master Plan facilities." It is our understanding that this approval is
conditional on reaching agreement with Weld County government as to a development
plan covering the area between SHs 52 and 119, and WCRs 1 and 3 that is acceptable to
the Boulder County commissioners. Further, that no construction on this project was to
be permitted until an agreement is reached. As far as we can determine there have been no
negotiations for this prerequisite planning agreement to this date. It would seem prudent
for Weld government not agree to development of the Idaho Creek project until the
Boulder government conditions were met and construction of the facilities was permitted,
financed and constructed.
The LHWD letter also states: "These taps are available to the above referenced property
and other eligible properties on a first-come, first served basis." With the great amount of
development that is taking place in this area and since, apparently, no agency is keeping
an account of building sites approved vs. taps available, inevitably, there will result more
tap demand than supply. It would seem sensible for Weld government to withhold
development approvals until taps have been specifically dedicated or are in sufficient
supply to meet the needs of all developments approved. This situation applies also to the
St. Vrain Sanitation District which is projecting increased capacity facility expansion for
which, we understand, the land has not even been acquired.
Enclosed is our letter of May 18, 1998 including other comments on this project.
Regarding item 6. XV, land has been set aside for a future school. Unfortunately a portion
of it is in the flood plain.
To the best of our knowledge the information provided is accurate, but suggest it be
confirmed by staff
very truly yours,
St. Vrain Concerned Citizens
•
John S. Folsom
4. EXHIBIT
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P.O.Box 247
12460 1st Street
Eastlake,Colorado 80614
Office:303/457-2966
Fax:303/280-2978
FACSIMILE TRANSMISSION COVER SHEET
DATE:
TIME:
PLEASE DELIVER THE FOLLOWING PAGES TO:
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TITLE: PHONE:
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FIRM: CARLSON ASSOCIATES, INC.
12460 1st STREET
P.O.BOX 247
EASTLAKE, CO 80614-0247
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SUBDIVISION/MULTIPLE TAP SERVICE AGREEMENT
DEL CAMINO ZONE
1. PARTIES. The parties to this Agreement are the LEFT HAND WATER DISTRICT, a title 32
special district, ("District")and Scott and Ryan Carlson ("Applicant").
2. RECITALS AND PURPOSE. The Applicant is the owner of certain property to be developed as
described herein. The District is a special district organized under Colorado law which provides treated water
service to its customers for which monthly service charges are made. The Applicant desires to purchase water
taps for the development project. The purpose of this Agreement is to set forth the terms and conditions
concerning the District's supplying such domestic water service to the proposed project. Accordingly, the
parties agree to the following provisions in consideration of the mutual covenants set forth herein.
3. LEGAL DESCRIPTION OF PROJECT.For purposes of this Agreement,the term "project" shall
mean the property described on Exhibit A which is attached and incorporated herein, and which is known as
Idaho Creek Subdivision. The Applicant agrees to furnish a reproducible copy of the preliminary plat to
the District and said plat is expressly incorporated in this Agreement. Any change or alteration in the area,
size,shape,density,usages,requirements,tap equivalents needed,or tanning of development ofthe subdivision
which may affect the number of tap equivalents required for the project or the method or manner of the
provision of water to or within the project shall first require the written approval of the District.
4. TAPS NEEDED FOR PROJECT COMPLETION. For purposes of this Agreement,the term"tap"
shall mean that size of a connection to one of the District's treated water distribution lines and which is utilized
and designed for a single family or its equivaleag pursuant to the District's rules and regulations. The total
number of units for the project will be —4na5'3 Applicant requests and agrees to purchase, and District
commits to sell, 150 tap equivalents pursuant to this Agreement.
5. TAP PURCHASE. Within 10 days of approval of the final plat of the Project by the Board of
Commissioners of Weld County, the Applicant will tender to the District a check in the amount of
$ 45L950.00 representing pre-payment of 40% of the current plant investment fee and storage surcharge
components of the total tap fee charged by the District for 150 taps,with a deferral of the other components
of the tap fees,including transfer of the raw water units required by this Agreement,until anticipated activation
of the tap.
5.1 Applicant agrees to complete the purchase of the 150 committed taps by payment of the
retnainirg components of the then applicable tap fee, excluding the raw water component, in
accordance with the following schedule, provided that any taps purchased in full in any given
year in excess ofthe minimum specified below shall be credited to the following year's minimum:
30 taps in year 1
30 taps in year 2
30 taps in year 3
30 taps in year 4
30 taps in year 5
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5.2 In the event that the Applicant fails to complete the purchase of the minimum number of taps in
each year specified above, or fails to complete the purchase of alb 150 taps by
August 12, 2004 the District shall retain the 40% deposit and the raw water shares/units
transferred hereunder as liquidated damages and the obligation of the District to provide further
taps shall be terminated. The undersigned acknowledges that by extending this Agreement,the
District has agreed to commit a definite portion of the total capacity of its system to the
Applicant and therefore must look to the Applicant for performance of its obligations to
purchase the committed taps in order for the District to meet its financial obligations.
5.3 In the event of an intended increase in the tap fee charges(excluding the raw water component)
District agrees to give notice of the proposed increase to the Applicant at least :30 days in
advance of the effective date of such increase.
5.4 Upon completion of the improvements, the Applicant shall give District 90 days advance notice
of its intention to physically connect the development to the District's lines and facilities to
effectuate the raw water transfers. Applicant shall,before any such connection is made,transfer
the raw water and pay the balance of any amounts due and owing for such tap fees, including
without limitation, the raw water component (if water is not transferred to District) and other
components of the tap fee, in accordance with the District's then applicable fee schedule.
6. RAW WATER TRANSFER
6.1 As a condition of activation of the purchased taps, Applicant shall transfer 1.32 units of
Colorado-Big Thompson Project water,administered by the Northern Colorado Water Conservancy
District, for each tap purchased. The cash value of any excess units transferred to meet this
requirement shall be applied or credited to the balance of the remaining tap fees due and owing. The
raw water to be transferred shall consist of 199 C-BT units as may be adjusted pursuant to District
regulations. In the event that raw water is not transferred to the District upon execution of this
Agreement, Applicant must obtain said units and effectuate the transfer of the raw water prior to
activation of the taps. In the event that Applicant can not obtain the required raw water on the open
market,the Applicant may, at the discretion of the District's Board and for good cause shown, make
a cash payment in lieu of the transfer of raw water, in such an amount as the District may determine to
be necessary to obtain raw water including administrative costs,transfer fees and other related costs,
or in accordance with its then existing policies,rules and regulations.
6.2 Applicant shall give District 90 days advance notice of its intention to physically connect such
taps to the Disstrict's lines and facilities to provide the District with sufficient time to effectuate the raw
water transfers,if needed. Applicant shall,before any such connection is made,transfer the raw water
and pay the balance of any amounts due and owing for such tap fees,including without limitation,the
fee in lieu of raw water component(if water is not transferred to District)and all other components of
the tap fee,in accordance with the District's then applicable fee schedule.
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6.3 The failure of Applicant to complete the raw water transfer, or to pay the cash amount in lieu
thereof as set forth in paragraphs 6.1 and 6.2, or to pay the remaining components of the tap fees for
the total number of taps specified in paragraph 4, on or before the fifth anniversary of the initial
payment to the District of the plant investment fee component of the tap fee, shall constitute a default.
Upon such default any sums paid hereunder by Applicant shall be retained by District as liquidated
damages for such default. It is understood and agreed by Applicant that the purpose of this
requirement .for completion of the purchase of all taps within a five year period is based upon the
financial requirements of the District to find its capital construction needs. The District, by this
Agreement,has committed a definite portion of the total capacity of its system to the Applicant and,
therefore,must look to the Applicant for performance of its obligations in order that the District may
meet its capital construction and operating expenses. If there is a default by Applicant, District may
recommit such taps to other applicants without further notice to Applicant.
7. 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 and all necessary transmission lines, 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 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 are not available or if available, not feasible to utilize) shall be at
the cost of Applicant. Fire Hydrants: Applicant agrees to pay a Fire Hydrant Fund Fee, al:the current rate of
$ 1000.00 per fire hydrant as shown on the approved Plans. A total of hydrants will be installed for a
total Fund Fee of S . 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.
3. EASEMENTS. Applicant shall furnish, at Applicant's expense, all easements, rights-of-way, and
consents both within the project ( if public utility easements are not dedicated by the plat) and without the
project,if required. Such easements,rights-of-way and consents shall be provided prior to commencement of
construction. Those easements lying outside of the project and which may be required for the construction of
any portion of the water lines and appurtenant facilities which may be needed to service the project(excluding
public rights of way), and as determined by the District in its sole discretion, shall be obtained by District but
at Applicant's expense. All such costs and expenses of easement acquisition shall be paid.by Applicant to
District as a condition precedent to service to the project.
9. WATER SERVICE.
9.1 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,
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improve, or replace the main or other portions of the District's water distribution, storage and or
supply system.
9.2 Applicant covenants and agrees that it will nbt 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's capabilities, pressure, or
flows.
10. SALE 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 sale,conveyance,transfer
and assignment by the Applicant of all Applicant's interest and ownership in said lines 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 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 constriction 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:.
11. OVERSIZE LINES. In the event Applicant shall be required to pay for installation of transmission
and connecting lines outside the boundaries of Applicant's subdivision,and District requires that such lines and
facilities be oversized to permit the use of those lines by the District to serve additional lands and property in
addition to the property of the Applicant,District agrees to establish the cost of such over sizing and to reduce
this cost to a "cost per tap" based upon the engineered capacity of the lines and the system which such over
sizing can serve. District and Applicant shall enter into a Line Participation Agreement which shall provide,as
a minimum,that the District will impose a surcharge upon future users of the oversized line,said surcharge to
be calculated on a per tap basis utilizing District's engineering estimate as to the line's total oapacity. During
a period of seven years from and after the date of the Line Participation Agreement, but not thereafter, the
District will collect and pay to Applicant the collected line surcharges to reimburse Applicant for its additional
costs in paying for the over sizing of the line.
12. 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 which may be in force from time
to tune.
13. 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
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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.
14. DOCUMENTS TO EE 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:
14.1 A topographical survey of the property described in this Agreement; and
14.2 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
14.3 In the event the initial area to be sewed under this Agreement is not the entire project to be
developed by Applicant and the remainder is being planned as a phased development,Applicant shall
furnish sketch plans,preliminary plats and/or plans as developed by the Applicant with reference to the
future total development of the entire property. 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 not be construed as an agreement or obligation of District to serve such other
lands, additional lands, or areas proposed by the Applicant for such future development beyond that
provided in existing written commitments. Ail information required to be furnished to District by
Applicant shall be provided at Applicant's expense.
14.4 Recorded plats and drawings ofthe development,including a mylar map and.AutoCAD diskette
files certified by Applicant's engineer depicting all lines, valves, fittings and appurtenances as
constructed, installed, and transferred pursuant to Paragraph 7 above.
15. 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 caws, similar or
dissimilar, which are beyond the control of such party, including any governmental orders, directives,
requirements or limitations described above.
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 the 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;PRIOR AGREEMENTS. 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. The Applicant shall
reimburse the District for any expenses incurred by the District in connection with any amendment of this
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•
Agreement requested by the Applicant. If any provision ofthis 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. 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 cispute 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 Boulder County.
20. 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 ofthe 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.
21. 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.
DATED: August 12 , 199 9. LEFT HAND WATER DISTRICT
•
By
President
Box 210
Niwot, Colorado 80544
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ATTEST: cy
Secretary
STA IL OF COLORADO )
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COUNTY OF BOULDER)
The fore oing instrument was acknowledged before me this ja da,Y o lls� 19°o),
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by � rra(� as President and �g. ` � as Secretary
of the Left Hand Water District.
Witness my hand and '- -al.
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My commissi,•t.:� gT ;,• 2 ,
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STATE OF COLORADO )
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COUNTY OF BO[*DER.)
The foregoing instrument/� was acknowledged before me this Gs'1 day of its P 19 ,
by Sccd4 L. CC r1sol.
Witness my hand and official seal.
My commission expires: 10
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COMMITMSNT FOR T 1 T L E I N S U R A N„C
• • • • *
SCHEDULE A "CONTINUED"
RE: Our Order No. : UR44616
The NW1/4NE1/4 of Section 10, Township 2 North. Range 6S West of the 61th P.74- ,
Weld County, Colorado. except that portion Deeded to The Department Of
Highways by Deed recorded December 1, 1970, in Hook 636 as Reception No,
1558219 described as follows:
Beginning at a point on the weat property line, from which the NW corner of
Section 10. which bears N86004'w, a distance of 1, 320.00 feet;
1. Thence 589036'E a distance of 1.166,2 feet;
2. Thence SIISo4.9. 12 .a distance of 148.9 feet;
3. Thence NB3o03'30"6 a distance of 201.6 Seen;
4, Thence S89 49'E a distance Of 1,650.00 fee.
5. Thence NO4028'15"E a distance of 251.2 feet;
6. Thence 689e491E a distance of 23.0 feet to the property line;
7. Thence N45413992 along the property line, a distance of 27.2 feet to the
south righg of way line S.H. 119 (Oc.1969) ;
8. Thence 889 5518 along the south right Of way line of 6.H. 119 lOct. 1969) ,
a distanc8 of 65.0 feet;
9- Thence NO 4't a distance of 30-0 feet to the north line of Sec. 10;
10. Thence NO9 55'W, along the north line of Sec. IC, a distance of 3,522.7
feet to tte NW corner of the NE1/4N81/4 of Sec. 10:
11. Thence SO 49'30"W, along the west line of the NE1/4NW1/4 of Sec. 10, a
distance of 88.7 feet. more or less to the point of beginning;
EXCEPTING therefrom that portion platted as Western Dairymen Cooperative,
Inc. , by the plat recorded January 21, 1998 as Reception No. 2590085.
NOTE: The above legal description will be amended upon receipt of requirement
No. 1 Schedule H, Section 1.
d "1Z0L ' °1,1 OH ThVIOOSSV NOS103 Lid 7, I 666L ' ,S ' ��V
SeP 1 . 1999 7 :40AN No . 2011 P . 2/2
HS RESOURCES, INC.
1999 BROADWAY, SUITE 3600
DENVER, COLORADO $0202
(303) 294-2400
FACSIMILE (309) 296-3601
August 31, 1999
Weld County Commissioners
1555 North 17'"Avenue
Greeley, CO 806331
Via Facsimile
Re: Idaho Creek PUD
Township 2 North, Range 68 West, Section 10: E/2NW/4, W/2NE/4
Weld County, Colorado
Ladies and Gentlemen:
HS Resources, Inc. ("HSR") owns all rights to development of the oil and natural gas
estate under the proposed PUD. HSR, Carlson Associates Inc., and the Mountain Empire
Dairyman's Association,Inc. have entered into a Letter Agreement that provides for the
development of the mineral reserves underlying the Planned Unit Development("PUD"). HSR
has no objections to the rezoning of the lands within the PUD.
Very truly yours,
HS RESOURCES, INC.
Melvin R. Stahl
Landman
CC: Ben Patton
Ryan Carlson
11XMI#1'
Se_i_, -01 -99 09 : 48A Left Hand Water Dist 303 530 5252 P _ 02
Millealei 73'.
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Sep- 01 -99 09 : 48A Left Hand Water Dist 303 530 5252 P . 01
LEFT HAND WATER DIST tIC.I.
-epteinber 1 . 999
eld (;roam, liocrd of LonrnIssionrrs
( reelrt, ('ohuadc
c kris Pickett. Pickett 1-i incerinkr
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Pe: :Idaho I'.t' t).
10 die 11„aid cl`(. nntriiy,ioners:
I he Board t f DIri-etnr"N ..,t the Lett Hand Water I)otrietapproved tveo Subdivision ' idnple
Sen. lee -Agrcen`e ntb lot the above ieferunce 1 de-c opment. at their August 12. I9( ) Ricci ing.
The first A reamers is to serve 1*t) single family eater lap:;. which are imrncdiatelc ava,lahk from
currently akIiilablu capacitc. The second Agreement is for the remaining wafer taps r.r.quired for
the de e opnfeant, and require the postmg of a letter of credit for improvements t i brine the
required incr a.e1'. capacity to the dexelrapinem.
the 1'resident and `'ecnlary 4)1 thy Board will sign the second Ae,.rcement Aihic+ vvAli pry_serted h+
the ( al ktln s today,todav, ir the qreC tent meets Ilie requirements of Weld (`ounly Jar co31mit vent al'
seryiee ro the ;.t<'relopment. the Mist Agreement for 150 taps vvas approved and :.i_ned b the
RRoaia at the \.Epl a l", 1099 meeting
Please let lie knu'•, ii I can provide addijinnrl inturmation on these matter,
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PA). (il x 210 +Xlcsot (Be80544• (303) 530-4200 , Fax (3t13) 530_52 1.� ___
BERNARD
DANIEL F.PERNARD S 15 KIMBARK STREET
RICHARD N.LYONS,II LYONS & GADDIS POST OFFICE BOX 971
!MI2EY 1.K.AM LONGMONT,C080502-097N
JOHN W.CADDIS A PROFESSIONAL CORPORATION FAX 703-,?0990o
03
STEPBRIA N Y A.HALL ATTORNEYS AND COUNSELORS EMAIL�fo blizi3w.�,om
STEVEN P.ffifFEiiS
WENDY SLEE RUDNIK
F CSIMILE TRANSMISSION
ii,
TO, C-1/6t/5
Fax No. 77°- ‘- is Y14
FROM: Richard N. Lyons, H Code: - Pages: 7
RE: Ceyr�fr' — —
DATE: 9/L/99 Original: ' will follow; _>.�_will not follow.
Transmitted at by
- - rat; /fr Sal a4/ =`=
bra(
Ce _ u-°��
@53a r5z6 — - -- - ---
IF YOU DO NOT RECEIVE ALL OF THE PAGES INDICATED, PLEASE CALL OUR
RECEPTIONIST AT 303-776-9900-
OUR FAX NUMBER IS: 303413-1003
Q:dIemsdpf,mVlx-form.rN-SS99
I 'd 6G6'OIJ SI'IQHS IJ0)r,1 Qy3I d3d L1H6�: Fr,r,T ' I 'd33
SITBDIVISION/MULTIPLE TAP SERVICE AGREEMENT
1. PARTIES. The parties to this Agreement are the LEFT HAND WATER
DISTRICT ("District") and CLAY CARLSON
("Applicant").
2. RECITALS AND PURPOSE. The Applicant is-he-ewner has executed a contract for
the purchase of certain property described herein and will he deted art&referred to as the
_IDAHO CREEK Subdivision. 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 Applicant desires that the District commit to provide water service
within the boundaries of the property described herein. 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,proposed Project to be developed upon Applicant's property. Accordingly, the
parties agree to the following provisions in consideration of the mutual covenants set forth herein.
3. LEGAL DESCRIPTION OF PROJECT. For purposes of this Agreement, the term
"Project" shall mean the property described on the attached Exhibit A, and which is brown as the
-Idaho Creek Subdivision., Weld County, Colorado. The Applicant agrees to
furnish a reproducible copy of the preliminary plat to the District and said plat is expressly
incorporated by reference into this Agreement. Any change or alteration in the area, size, shape,
density, usages, requirements, tap equivalents needed, or timing of development of the subdivision
which may affect the number of tap equivalents required for the Project or the method or manner of
the provision of water to or within the Project shall first require the written approval of the District.
4. ON-SITE 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 property as described on Exhibit A and all necessary transmission lines, connecting
lines and appurtenant facilities necessary to connect with the lines of the District, as presently
engineered and installed or to be constructed, 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 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 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 may be 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 Applicant has previously executed an regiment with the District for the rp hase
af 150 SFEs (single &mily equivalencies) for she initial phase of the Project
3'd 68E 'OH -:IQCHO =:NOAf 0ddH'J3H NH=C:tE4SEJ ' T '�3'�
Contingent upon the construction and financing of the improvements described
herein, District shall provide treated water service to the Project up to and
including 203 _additionaLSFEE (single family equivalencies) for the
ree a i2 phases olthis Project. . Applicant shall execute a Water Tap Purchase
Agreement with the District for the additional 203 SFEs, substantially in the form
which is attached as Exhibit B. Said Agreement shall be executed within 10
days after approval of the preliminary plat final plat of the Project by the Board of
County Commissioners of Weld County.
6.2 The Applicant acknowledges that District is responsible only for making
available to the Project's individual taps domestic water 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.
6.3 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. SALE OF ON-SITE 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 assigrunent by the
Applicant of all Applicant's interest and ownership in said lines and related water transmission
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 one-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. OVERSIZE LINES. Applicant shall be required to pay for installation of those
transmission and connecting lines outside the boundaries of Applicant's subdivision as more fully
described in paragraph 9 herein. 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 the property of the Applicant The District further agrees to establish the cost of such
patios A so Pvlpp„yswcv-au-�uyFaV
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A.GTD ZAGBLG\OMAICLI64MuldWIMLBDWS•ONSERVIG6
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28
E:'d 586'ON EI0UU5 ENOA1 ddUNd38 I JUOE:e. 66E T ' S 'd3EE
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. An example of the "cost
per tap" calculation is attached hereto as Exhibit C. 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 connect:ion 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 fifteen
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 a written Participation Agreement,
substantially in the form which is attached as Exhibit D, to be executed by the parties prior to the
commencement of construction.
9. OFF-SITE CAPITAL IMPROVEMENTS. The parties acknowledge that as a condition
precedent to providing domestic water service to the Project, certain major off-site capital
improvements are required to improve District's transmission capacity. Subject to the provisions of
paragraph S regarding oversizing, these improvements include:
9.1 Phase I, Eastern Transmission Line: The construction and installation of a 30" line
from the existing Niwot Tank/Pumping facilities to the intersection of Colorado Hwy
52 and North 95th Street, then continuing as a 24" line along Hwy 52 approximately 4
miles to the intersection of Hwy 52 and the Boulder-Weld County Line Road. The total
cost of such improvements is approximately $2,960,000.00, That portion of such cost
which will be specifically allocated to the Project shall be determined at the time of
construction (as set forth in paragraph 8 above) and such allocated portion shall not be
subject to reimbursement to Applicant. Within 30 days from the date of execution of
this Agreement by the parties, Applicant shall deposit with District the letter of credit
referenced in paragraph 10. The parties acknowledge that the District is
contemporaneously negotiating a similar agreement with another party for the posting
of a letter of credit for the construction of this Phase I. In the event that the other party
executes its Agreement prior to execution of this Agreement, no letter of credit will be
required of Applicant for this Phase I; provided, however, that as a condition precedent
to service, Applicant will be required to pay a surcharge per each tap purchased to
reimburse the other party for Applicant's share of the constructed line.
9.2 Phase II -A, County Line Road Line Extension and Phase II-A-1: The construction
and installation of a 16inch line from the intersection of Hwy 52 and the Boulder-Weld
County Line Road north along County Line Road to - WCR 20 ''4 (Phase II-A)
at an approximate cost of$1.200,000 and then north to Colorado Hwy 119, then east to
.tie into the existing 16" water line at WCR 3 % (Phase ][I-A-1) et an
;additional approximate cost of S1,114000. The total cost of such improvements is
approximately $ $2.314 000. That portion of such cost which
will be specifically allocated to the Project shall be determined at the time of
construction (as set forth in paragraph 8 above), and such allocated portion, shall not be
min IBM 380 PMCy/,,.aea, 4D'PAY-FIAS441.
k)CUFNTS'd'J HVVP`WUBCIVICIOI($a[lily, . GER�'IJTSS.(PA.$OIJ�.15SEFA D891PB 3 co pp4De,3aj ).soo.N-r>C7L201L
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313
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subject to reimbursement to Applicant. Within 30 days from the date of execution of
this Agreement by the parties, Applicant shall deposit with District the letter of credit
referenced in paragraph 10. The parties aclmowledge that the District is
contemporaneously negotiating a similar agreement with another party for the posting
of a letter of credit for the construction of Phase II-A. In the event that the other party
executes its Agreement prior to execution of this Agreement, the letter of credit required
of Applicant for Phase II-A will not be required; provided, however, that as a condition
precedent to service, Applicant will be required to pay a surcharge per each tap
purchased to reimburse the other party for Applicant's share of the constructed line, and
Applicant will be required to post a letter of credit for the approximate cost of
constructor of Phase II-A-l_(apiroximately $1,114 0001,
9.3 Estimated Costs. The amounts set forth herein are good-faith estimates calculated by
District's staff based upon current construction costs based upon commonly accepted
industry standards and are expressly subject to final adjustment based upon actual
construction costs utilizing the public bidding process. Actual construction costs shall
include and are subject to all of the then applicable federal, state and local regulatory
requirements, including without limitation, environmental impacts, land or easement
acquisition costs, engineering design, and all consultants' fees (including legal,
environmental, and archaeological).
10. LETTER OF CREDIT.. Within 30 days of execution of this Agreement by The patties
On or before completion of the initial phase of the Prpiect and the sale of the last SFE pursuant to
the existing Agreement between the parties for the purchase of said 150 ,SFEs. Applicant shall
deposit with the District a letter of credit in the total amount of
$5 274.00Q— representing the combined amounts set forth in paragraphs 91 and
9.2, above in the event that the other party does not post a letter of credit for Phase I, or
$1.114,000 in_the event that the other party does post said letter of credit. The letter of credit
shall be in a form acceptable to the District, issued by a Colorado financial institution in good
standing, shall not be revocable for a period of twelve months from date of issuance, and shall be
held, disposed of, and administered in accordance with the following terms and conditions:
10.1 The letter of credit shall be held by the District as security for the performance by
Applicant of the funding of all construction costs and expenses related to the
construction of the water lines described in paragraphs 9.1 and 9.2 of the
Subdivision/Multiple Tap Service Agreement.
10.2 Upon approval of the Project by all applicable governmental entities and
commissions, including Weld County Commissioners, , the letter of credit shall be
released by District upon the occurrence of:
a. The execution by the Applicant of Line Participation Agreements,
substantially in the form which is attached as Exhibit D for the payment of
all construction costs and expenses of the construction of die lines
described in paragraphs 9.1 and 9.2 above, and providing for either
reimbursement of oversizing costs, or allocating such costs to other
( nou sn enwauuu. .RN.w.L.
G'lC.FLATS CLH4VOSll'a]VS DN sEltdIpg QRE mgivrtz.avioNtsusnR OOCaNuam toont,v ;a-at .4.
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48
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applicants' contributions; and
b. The deposit of$5.274,000 or a L114 000. as the castmay be_an.d as more
fully set forth above (or such amount as
may be required to construct the lines as determined by the District after
completion of the public bidding process) in certified fluids, or the wire
transfer of such funds, into a District designated construction account with
a Colorado financial institution of its choosing, to be utilized by the
District solely for construction of such line extensions as described in
paragraphs 9.1 and 9.2.
10.3 Upon disapproval of the Project by any one of the applicable governmental entities
and commissions, including the Board of County Commissioners of Weld County,
which disapproval precludes the development of the Project, the District shall release
the letter of credit to Applicant within five business days of receipt of written notice
from Applicant of such disapproval and Applicant's request for a release of the letter
of credit.
10.4 Upon approval of the Project by all of the applicable governmental entities and
commissions, but such approval is upon such terms and conditions which are
unacceptable to the Applicant, as determined by Applicant in its sole discretion, the
District shall release the letter of credit to Applicant within five business days of
receipt of'written notice from Applicant of such unacceptable approval and its request
for a release of the letter of credit.
10.5 Upon withdrawal of the Project from consideration by all applicable governmental
entities, the District shall release the letter of credit to Applicant within five business
days of receipt of written notice from Applicant of such withdrawal and its request for
a release of the letter of credit.
11. TERM. This Agreement shall terminate upon the earlier of the occurrence of'any one,of
the events described in paragraphs 10.2, 10.3, 10.4 or 10.5, above.
12. 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 which may be in
force from time to time.
13. 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.
14. 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:
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14.1 Upon execution of this Agreement, a topographical survey of the project t; and
14.2 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
14.3 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.
15. 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.
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 the Agreement.
17, ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional
documents and to the any additional action necessary to carry out this Agreement.
18. INTEGRATION AND AMENDMENT; PRIOR AGREEMENTS. This Agreement
represents the entire agreement between the parties and except for the agreements attached 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 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.
19. ALTERNATJ[YE 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
g'laI/99 3;50 PMBF3.8P4 7&PM-gm:RwL
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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 Boulder 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.
20. 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.
21. 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.
22. 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 XX, 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.
23. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in this
Agreement for all purposes.
24. 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 omitted.
25. 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.
26. 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, rues 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.
abort m!1ettr.t,vvw+um•PnLrwL
g-\fIICNTR\O H\NT`GIGINVISION Silk,0C0L0.G9.g.mLVT iR '9 5 9Ep1/1160:50 P55,0-1"✓5“'iStuDL•( i.
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78
S'd es oIJ 'SIQQ-7 SHOAT ( hhHd3d LJdh'E:E 666T 'T 'd3'S
DATED: , 1999. LEFT HAND WATER DISTRICT
By President
P.O. Box 210
Niwot, Colorado 80544
ATTEST:
Secretary
Caay--- Carlson
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E'd ESE'OH SIQQtE SNO;',l QddH63H HHCE:E EEEI ' J. 'd35
SEP 01 '99 iOC: 11AM ST ,PPIfI SCHOOL: P.2
AGREEMENT
THIS AGREEMENT is made and entered into as of the kr& day of 5,49nosC1999,
between the St. Vrain Valley School District RE-1J ("School District") and Carlson Associates, Inc.
("Developer").
WHEREAS, Developer has brought forward a 353 single-family unit development proposal to
Weld County within the School District boundaries known as the Idaho Creek P.U.D. described in Exhibit
A , and desires to develop the property for residential purposes (the property and development are
hereinafter collectively referred to as the "Project"), and is the owner of the proposed school site: and
WHEREAS. Developer acknowledges that the Project will have an impact upon the School District
due to the predictable Increase in the number of school age children who will reside in the Project and be
attending school within the high school feeder attendance boundaries serving the Project and will
contribute to the consequential increase to the School District in the cost of providing and maintaining
adequate educational facilities to serve the future residents of the Project; and
WHEREAS. Developer desires to mitigate a portion of such costs by dedicating and conveying a
platted 10 acre site as described in Exhibit B ("School Site") for a future school site: 4.0 acres of which is a
gift to the District and 6.0 acres which is as a result of the impact of the development, as provided herein;
and
WHEREAS, the School District in reliance upon the Developers obligations hereunder is willing
to forebear from recommending against approval of the Project on the basis of inadequacy or school sites.
THEREFORE, in consideration of the foregoing recitals and the mutual promises contained In this
Agreement,the parties agree as follows:
1. fueaose and Intent, It is recognized that the Project will create an additional need for new
schools in order to adequately provide for the educational needs of elementary and secondary school
students who are expected to reside in the Project in the future, The purpose of this Agreement is to
mitigate the impacts of this development by providing for the dedication and conveyance of the 10 acre
School Site by the Developer.
2. ,( termination of Land Dedication and In-Lieu Fee Reauirementq- The parties
acknowledge that it is reasonable to determine the expected demand the Project will have on the need for
school sites and the amount of In-Lieu Fees, by the method provided in Exhibit C.
2.1 Methodology. The School District has adopted a methodology to determine the
Fair Contribution for Public School Sites. As part of the methodology, the School District has adopted
planning standards, as of the date of this Agreement, related to: (i) student yields for each school age
level and residential dwelling unit type; (ii) facility enrollment capacities, and (iii) public school site acreage
requirements (collectively referred to as the "School Planning Standards"). Shown on Exhibit C. attached
and incorporated by this reference, are the projected school site or land dedication acreage requirements
for the dwelling units currently planned for the Project. Also shown on Exhibit C are the number of
dwelling units for which Fair Contribution for Public School Sites shall be deemed to have been prepaid as
of the date of this Agreement, subject to the conveyance of the necessary school site acreage and
compliance with the other requirements as provided in this agreement. The Developer and the School
District agree that these School Planning Standards and land dedication requirements are reasonable, are
in conformity with the Weld County Subdivision Ordinance, and shall apply to the project as currently
submitted to the School District.
IiXN#silt
Page lof5 . 8/3v99 s��
SEP 01 '99 C9: 11PM S_T VPAIM SCHGnLS
2.2 1 and 1?e icationlin-Lieu Fee The Developer shall plat and convey the 10 acre
School Site to the School District. 4.0 acres of this dedication and conveyance will be provided strictly as a
gift by the Developer to the School District and shall not be considered as mitigating the impacts of each
individual dwelling unit. The impact of each residential dwelling will be mitigated through the dedication of
an additional 6.0 acres of land based on the School Planning Standards contained in Exhibit C. With the
conveyance of the School Site to the School District, no in-lieu fee will be required of this Developer.
3. Ems and Method of Declination, The Developer shall convey the platted 10 acre School
Site to the School District 10 days following recording of the Final Plat unless extended by the School
District. The conveyance of the site shall be by general warranty deed, the form of which will be
acceptable to the School District. Title shall be free and clear of all liens, encumbrances, and exceptions
(except those approved in writing by the School District), including, without limitation, real property taxes,
which will be prorated to the date of conveyance or dedication. Prior to the time of conveyance,
Developer shall provide to the School District a title insurance commitment, together with copies of all title
exceptions listed therein, In an amount equal to the fair market value of the School Site. Following the
conveyance, Developer shall, deliver to the School District an ALTA Owners title insurance policy issued
by the title insurance company in the amount of the fair market value of the School Site insuring good
marketable title in thie name of the School District subject only to real estate taxes not yet due and payable
and restrictions and exceptions acceptable to the School District. The Developer, at its expense, shall
also provide a boundary survey of the School Site prior to the dedication and conveyance cif the School
Site to the School District.
4. Q,QIIFtruction of School, In order to allow for the construction of the school the
Developer shall amend the 100-year flood plain by removing it from the school site in conjunction with the
Commencement of construction on the first filing of the project. It the School District does not construct a
school on the School Site due to low enrollment numbers in the area, and/or the District determines that
there are other loca"ions better suited for a school, the School District shall have the option to sell the
property and use the proceeds for the purchase and/or development of a school site or facility that would
serve these residents.
5. aeggrAte Obligations, The Developer acknowledges and agrees that the provisions of
this Agreement are separate and distinct from and in addition to other requirements set forth or imposed
by any local governmental entity with planning jurisdiction over the Project,
6. lejy This Agreement will be effective as of the date set forth above and shall remain in
effect through December 31, 2020, unless terminated earlier by the written agreement of the parties.
7. Syyl;essors and Assigns Sound This Agreement and each term, provision, covenant,
restriction, and condition hereof shall run with the Project and shall extend to and be binding upon, and
inure to the benefit cif, all successors, transferees, trustees, grantees. owners, and assigns of any rights,
title, or Interest in any portion, residential lots, or parcels of the Project.
8. F,.ntirety of Agreement This Agreement is the entire agreement and understanding
between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous
agreements, understandings, terms, conditions, representations, and discussions, whether oral or
written, which may have been made by the parties, or their representatives, concerning the matters set
forth in this Agreement. Each party acknowledges that the agents and attorneys of the other parties have
not made any promiee, representation, or warranty whatsoever, whether express or implied, written or oral,
not contained herein, concerning the subject matter hereof, to induce the execution of this cocument.
9. Ag,Sgnment The Developer may assign any of its rights or obligations under this
Agreement to any subsequent owner of all or any portion of the Project or any right, trlle, or interest
Page 2 of 5 - 8/31/99
4£P 01 '9':? ti9: 1-2)41 '6T `JRRI SCH'X'L'S p.4
therein in accordance with this section. Upon any assignment hereof,the assignee shall become liable for
the payments provided for herein and for the performance of all other agreements, terms, conditions, and
covenants of this Agreement undertaken to be kept and otherwise performed by the Developer with
respect to that portion of the Project. No assignment shall be effective to release the assignor from liability
hereunder unless the assignee of this Agreement assumes and undertakes in writing to keep, observe,
and perform all of the agreements, terms, conditions, and covenants contained herein and provides a
verified copy of such assumption and assignment to the School District. Under any such assignment in
accordance with the section, the assignor shall be released from liability under this Agreement to the
extent of that portion of or interest in the Project assigned.
10, Atiprnevs' Fees anti Costa Each party shall bear its own attorneys' fees and costs
incurred In the negotiation of this Agreement.
11 . Amendment or Waiver No charge, amendment, or waiver of any of the terms or
provisions of this Agreement shall be valid or binding unless the change, amendment, or waiver is in
writing signed by the parties hereto,
12. anal invalidity If any of the terms, provisions, covenants, restrictions, or conditions of
this Agreement are finally declared by an appellate court of competent jurisdiction to be invalid,
unenforceable, void, or voidable for any reason whatsoever, none of the remaining terms, provisions,
covenants, restrictions, or conditions shall be affected thereby and shall remain in full force and effect.
13. Yerue and Aoolicable Law Any action arising out of the provisions of this Agreement
shall be brought in the Boulder County District Court and the construction and effect of the terms and
agreements contained herein shall be governed by the laws of the State of Colorado.
14. EuygrcemenL
14.1 Fastrictive Covenant to Run with the Land This land dedication required under
this Agreement shall be a precondition to the issuance of a building permit for any residential
development on any portion of the Project. This obligation shall constitute a restrictive covenant that runs
with the Project, binding the Developer, its successors and assigns, and subsequent owners of any right,
title, or interest in all or any portion of the Project.
14.2 j ion and Fo eclosure, The land dedication required under this Agreement shall
be a continuing lien upon the Project. If not dedicated as required hereunder, the School District may
bring an action at law or in equity against the Developer, its Successors. and assigns or may foreclose the
lien against the Project subject to the obligation.
14.3 Enforcement Fees and Costs Time is of the essence of this Agreement. If the
land dedication is nct made as required herein, the School District may commence an action for legal and
equitable remedies without further notice or demand. In the event it becomes necessary for either party
to retain the services of an attorney to enforce any provision or breach of this Agreement or to foreclose
any lien created hereunder,the substantially prevailing party in any such enforcement proceeding shall be
entitled to collect from the other party or add to any foreclosure amount due, its reasonable attorneys'fees
and costs.
15. $eording,of Agreement A copy of this Agreement may be recorded in the offices of the
County Clerk and Recorder of the County where the property is situated.
16. saes. Any notice required or permitted by this Agreement shall be in writing. If such
notice is hand delivered or personally served, it shall be effective immediately upon such delivery or
Page 3 of 5 - 8/31/99
SEF' 01 '99 08: 13F11 ST ;'PRIM SCHOOLS F,S
service. If given by mail, notice shall be effective three days after it has been deposited in the United
States mall depository, certified with return receipt requested, with sufficient postage for delivery, and,
unless a new address is designated in writing hereafter, addressed as follows:
St. Vrain Valley School District RE-1J
Attention: Superintendent
395 South Pratt Parkway
Longmont, Colorado 80501.8499
Carlsson Associates, Inc.
Ryan Carlson
P.O. Box 247
Eastlake, CO 80814
17. aegis tab i lit y, Each provision of this Agreement shall be severable. If any provision is held
invalid, contrary to, or in conflict with any law or regulation by a tribunal with competent jurisdiction,
remainder of this Agreement shall remain in effect.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date written above.
SCHOOL DISTRICT:
ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
...);11".a'
By:
Assistant rin Supe tenaen for Auxiliary Services
STATE OF COLORADO )
SS
COUNTY OF BOULDER )
Iggq The foregoing was subscribed and sworn to before me this Ad- day of
'IS, by Ken Kirkland as Assistant Superintendent for Auxiliary Services for the St. Vrain alley School
District RE-1J. Witness my hand and official seal.
My Commission Expires: 3- -,2 0
-Notac -Pta;. ,
Page 4 of 5 - 8/31/99
SEF 01 '99 OS I3 M ST /PPIII SCHOOLS
P.6
•
DEVELOPER:
CARLSON ASSOCIATES, INC:
lity:
ATTEST:
STATE OF COLORADO )
) SS
COUNTY OF WELD
The foregoing Ras subscribed and sworn to beta►, me this -a I day of u.�T
199ij by "0.� lsn� as 'V w &CSiCkc-6.i- 61 Carlson
Associates, � In , and attested by Calls
�.�a.�, of Carlson Associates., a Colorado Corporation, Witness s
my hand and ofticial I.
Expines• �V 4' ``pN�aPUati���My Commission � PU6 0
1 C '�i
Notary Pu ri
C
•
Page Sot 6-7/14419
SEP 001 '99 OS: 1-4AM ST I"PAIH S:_HOOLS F'.7
EXHIBIT A
Legal Description
The NW1/4NE1/'4 of Section 10, Township 2. North, Range 68 West of the 6th p.M. ,
Weld County, Colorado, except that portion Deeded to The Department of
Highways by Deed recorded December 1, 1970, in Book 636 as Reception No.
1558219 described as follows:
Beginning at a point on theowest property line, from which the NW corner of
section 10, which bears N86 04'W, a distance of 1,320.00 feet;
1. Thence 589°36'E a distance of 1,166.2 feet;
2. Thence. 589°49'E a distance of 149.9 feet;
3 . Thence Al83°03'30"E a distance of 201.6 feet;
4. Thence 519°49'E a distance of 1,650.00 feet;
5. Thence 1c84°28'i5"E a distance of 251.2 feet;
6. Thence 5:89°49'E a distance of 23.0 feet to the property line;
7. Thence Zl45o39'E along the property line, a distance of 27.2 feet to the
south right of way line S.H. 119 (0c.1969) ;
a . Thence £89°55'E along the south right of way line of S.H. 119 (Oct. 1969) ,
a distar..c8 of 65.0 feet;
9. Thence NO 34'E a distance of :0.0 feet to the north line of Sec. 10;
10. Thence Na9°55'W, along the north line of sec. 10, a distance of 3,522 .7
feet to the NW corner of the +1E2/4NW1/4 of Sec. 10;
11. Thence $0°49'30"W, along the 'test line of the NE1/4NW1/4 of Sec. 10, a
distance: of 88.7 feet, more or less to the point of beginning;
EXCEPT/NO therefrom that portion platted as Western Dairymen Cooperative,
Inc. , by the plat recorded January 21, 1998 as Reception No. 2590085.
NOTE: The above legal description will be amended upon receipt of requirement
No. 1 Schedule B, Section 1.
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1EPPREY I.KAHN LONGMONT.CO)050 497R
JOHN W.CADDIS A PROFESSIONAL CORPORATION 30)at6.9900
BRADLEY A.HALL FAX)034I)-1003
STEVEVP JEFFERS ATTORNEYS AND COUNSELORS E-MAIL Lnfo@blglaw.com
WENDY SLEE RCDNIK
FACSIMILE TRANSMISSION
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Fax No. ]7b - ✓3547- k'/$2
FROM: Richard N. Lyoas, II Code: -__Pages: /
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DATE: I /J/99 Original: -L will follow; will not follow.
Transmitted at_•_ by
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OUR FAX NUMBER IS: 303413-1003
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SUBDIVISION/MULTIPLE TAP SERVICE AGREEMENT
1. PARTIES. The parties to this Agreement are the LEFT HAND WATER DISTRICT
("District") and CLAY CARLSON ("Applicant").
?. RECITALS AND PURPOSE. The Applicant has executed a contract for the purchase of
certain property described herein and will be developed and referred to as the IDAHO CREEK
SUBDIVISION. 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 Applicant desires
that the District commit to provide water service within the boundaries of the property described
herein. 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 proposed Project to be
developed upon Applicant's property. Accordingly, the parties agree to the following provisions in
consideration of the mutual covenants set forth herein.
3. LEGAL DESCRIPTION OF PROJECT. For purposes of this Agreement, the term
"Project" shall mean the property described on the attached Exhibit A, and which is known as the
Idaho Creek Subdivision, Weld County, Colorado. Me Applicant agrees to furnish a reproducible
copy of the preliminary plat to the District and said plat is expressly incorporated by reference into
this Agreement. Any change or alteration in the area, size, shape, density, usages, requirements,tap
equivalents needed, or timing of development of the subdivision which may affect the number of
tap equivalents required for the Project or the method or manner of the provision of water to or
within the Project shall first require the written approval of the District.
4, ON-SITE 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 property as described on Exhibit A and all necessary transmission lines, connecting
lines and appurtenant facilities necessary to connect with the lines of the District, as presently
engineered and installed or to be constructed, 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 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 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 ?roject (if public utility easements are not
dedicated by the plat) and which may be required for the construction of any portion of the water
lines and appurtenan, 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 Applicant has previously executed an agreement with the Distract for the purchase
of 150 SFEs (single family equivalencies) for the initial phase of the Project.
Contingent upon the construction and financing of the improvements described
_ 'd U5-:' l SIIA;HS 9.111.0.7 QdH Ld3,3 Hb - b ,33E
herein, District shall provide treated water service to the Project up to and
including 203 additional SFEs for the remaining phases of this Project. .
Applicant shall execute a Water Tap Purchase Agreement with the District for the
additional 203 SFEs, substantially in the form which is attached as Exhibit B.
Said Agreement shall be executed within 10 days after approval of the final plat
of the Project by the Board of County Commissioners of Weld County.
6.2 The Applicant acknowledges that District is responsible only for making
available to the Project's individual taps domestic water 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.
6.3 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. SALE OF ON-SITE 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 related water transmission
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 one-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. OVERSIZE LINES. Applicant shall be required to pay for installation of those
transmission and connecting lines outside the boundaries of Applicant's subdivision as more fully
described in paragraph 9 herein. 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 the property of the Applicant 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. An example of the "cost
per tan" calculation is attached hereto as Exhibit C. District father agrees to impose a charge
2
SIgildHJ SH0.1,n L.JCh d n66t ' t 'd35
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 fifteen
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 temis and conditions shall be set forth in a written Participation Agreement,
substantially in the fomi which is attached as Exhibit D, to be executed by the parties prior to the
commencement of construction.
9. OFF-SITE CAPITAL IMPROVEMENTS. The parties acknowledge that as a. condition
precedent to providing domestic water service to the Project, certain major off-site capital
improvements are required to improve District's transmission capacity. Subject to the provisions of
paragraph 8 regarding oversizing, these improvements include:
9.1 Phase I, Eastern Transmission Line: The construction and installation of a 30" line
from the existing Niwot Tank./Pumping facilities to the intersection of Colorado Hwy
52 and North 95th Street, then continuing as a 24" line along Hwy 52 approximately 4
miles to tie intersection of Hwy 52 and the Boulder-Weld County Line Road. The total
cost of such improvements is approximately $2,960,000.00. That portion of such cost
which will be specifically allocated to the Project shall be determined at the time of
construction (as set forth in paragraph 8 above) and such allocated portion shall not be
subject to reimbursement to Applicant. Within 30 days from the date of execution of
this Agreement by the parties, Applicant shall deposit with District the letter of credit
referenced in paragraph 10. The parties acknowledge that the District is
contemporaneously negotiating a similar agreement with another party for the posting
of a letter of credit for the construction of this Phase I. In the event that the, other parry
executes its Agreement prior to execution of this Agreement, no letter of credit will be
required of Applicant for this Phase I; provided, however, that as a condition precedent
to service, Applicant will be required to pay a surcharge per each tap purchased to
reimburse the other party for Applicant's share of the constructed line.
9.2 Phase Il .A, County Line Road Line Extension and Phase II-A-I: The construction
and installation of a 16inch line from the intersection of Hwy 52 and the Boulder-Weld
County Line Road north along County Line Road to WCR 20 'A (Phase ➢.-A) at an
approximate cost of$1,200,000 and then north to Colorado Hwy 119, then east to tie
into the existing 16"water line at WCR 3 % (Phase II-A-1) at an additional approximate
cost of$1,114,000. The total cost of such improvements is approximately $32,314,000.
That portion of such cost which will be specifically allocated to the Project shall be
determined at the time of construction (as set forth in paragraph 8 above), and such
allocated portion shall not be subject to reimbursement to Applicant. Within 30 days
from the c.ate of execution of this Agreement by the parties, Applicant shall deposit with
District the letter of credit referenced in paragraph 10. The parties acknowledge that the
District is contemporaneously negotiating a similar agreement with another party for the
posting of a letter of credit for the construction of Phase II-A. In the event that, the other
party executes its Agreement prior to execution of this Agreement, the letter of credit
required of Applicant for Phase II-A will not be required; provided, however, that as a
t'd T66'OH adhH 2a ktlEr c 6661 ' I 'd3S
condition precedent to service, Applicant will be required to pay a surcharge per each
tap purchased to reimburse the other party for Applicant's share of the constructed line,
and Applicant will be required to post a letter of credit for the approximate cost of
constiuct.on of Phase II-A-1 (approximately$1,114,000)
9.3 Estimated Costs. The amounts set forth herein are good-faith estimates calculated by
District's staff based upon current construction costs based upon commonly accepted
industry standards and are expressly subject to final adjustment based upon actual
construction costs utilizing the public bidding process. Actual construction costs shall
include and are subject to all of the then applicable federal, state and local regulatory
requirements, including without limitation, environmental impacts, Iand or easement
acquisition costs, engineering design, and all consultants' fees (including legal,
environmental, and archaeological).
10. LETTER OF CREDIT. On or before completion of the initial phase of the Project and
the sale of the last SFE pursuant to the existing Agreement between the parties for the purchase
of said 150 SFEs, Applicant shall deposit with the District a letter of credit in the total amount of
$5,274,000 representing the combined amounts set forth in paragraphs 9.1 and 9.2, above in the
event that the other party does not post a letter of credit for Phase I, or $1,114,000 in the event
that the other party does post said letter of credit. The letter of credit shall be in a form
acceptable to the District, issued by a Colorado financial institution in good standing, shall not be
revocable for a period of twelve months from date of issuance, and shall be held, disposed of,
and administered in accordance with the following terms and conditions:
10.1 The letter of credit shall be held by the District as security for the performance by
Applican: of the funding of all construction costs and expenses related to the
construction of the water lines described in paragraphs 9.1 and 9.2 of the
Subdivision/Multiple Tap Service Agreement.
10.2 Upon approval of the Project by all applicable governmental entities and
commissions, including Weld County Commissioners, , the letter of credit shall be
released by District upon the occurrence of:
a. The execution by the Applicant of Line Participation Agreements,
substantially in the form which is attached as Exhibit D for the payment of
all construction costs and expenses of the construction of the lines
described in .paragraphs 9.1 and 9.2 above, and providing for either
reimbursement of oversizing costs, or allocating such costs to other
applicants' contributions; and
b. The deposit of S5,274,000 or $1,114,000, as the case may be and as more
fully set forth above,(or such amount as may be required to construct the
lines as determined by the District after completion of the public bidding
process) in certified finds, or the wire transfer of such funds, into a
District designated construction account with a Colorado financial
institution of its choosing, to be utilized by the District solely for
construction of such line extensions as described in paragraphs 9 1 and
4
S ❑ T66'•�H 'oIQ. F sHC:J,1 C3LtHd3E W A7t:E 66Et 't 'd35
9.2.
10.3 Upon disapproval of the Project by any one of the applicable governmental entities
and commissions, including the Board of County Commissioners of Weld County,
which disapproval precludes the development of the Project, the District shall release
the letter of credit to Applicant within five business days of receipt of written notice
from Applicant of such disapproval and Applicant's request for a release of the letter
of credit.
•
10.4 Upon approval of the Project by all of the applicable governmental entities and
commissions, but such approval is upon such terms and conditions which are
unacceptable to the Applicant, as determined by Applicant in its sole discretion, the
District shall release the letter of credit to Applicant within five business days of
receipt of written notice from Applicant of such unacceptable approval and its request
fbr a release of the letter of credit.
10.5 Upon withdrawal of the Project from consideration by all applicable governmental
entities, the District shall release the letter of credit to Applicant within five business
days of receipt of written notice from Applicant of such withdrawal and its request for
a release of the letter of credit.
11. TERM. This Agreement shall terminate upon the earlier of the occurrence of any one of
the events described in paragraphs 10.2, 10.3, 10.4 or 10.5, above.
12. 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 which may be in
force from time to time.
13. GOVERNIYIIi:NTAL 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 Distict and%or the operation of its domestic water system and treatment facilities.
14. 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:
14.1 Upon execution of this Agreement, a topographical survey of the project; and
• 14.2 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
14.3 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
fonuat as specified by the District's engineer and certified by Applicant's engineer
depicting all lines and facilities constructed, installed, and transferred pursuant to
4
Toe W SHO/.1 (127iHS3d LJdt'h:b rabbi i d3S
Paragraph 7 above.
15. 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.
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 the 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.
1S. LNTEGRAT:[ON AND AMENDMENT; PRIOR AGREEMENTS. This Agreement
represents the entire agreement between the parties and except for the agreements attached 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 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
contacts between the parties and regarding the sale and purchase of taps are hereby rescinded.
19, 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, ther. under the
auspices of a recolpiized 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 floulder 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.
20. 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.
6
_ _ I.6'ON SIQ[I1�5 SIJIIc.1 iIdFHd3B Htht' 6 6661 ' : 'd3S
21. 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.
22. 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 XX, 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.
23. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in this
Agreement for all purposes.
24. 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 omitted.
25, 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.
26. 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: , 1999. LEFT HAND WATER DISTRICT
By
President
P.O. Box 210
Niwot, Colorado 80544
ATTEST:
Secretary
1:6b'6N 31Q He ;Ho. T r F.id 13 Ht 9r oo'T 'i 'd35
Clay Carson
S
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Weld County Planning Staff
Attn: Ben Patton
1400 North 17t Ave.
Greeley, Co. 80631
RE: Idaho Creek Subdivision
Dear Mr. Patton:
The Centennial Bank Corp. recently built a new branch within the Milky
Way Business Park. To the South of our building its the proposed Idaho
Creek Subdivision. The Carlson's are developing the property as a
residential development. Centennial Bank is in support of the project.
Sincerely,
Centenni c
William an
g�'a."
y"
d 6OL3 '3N ONI S3IVIOOSSV NOS7dVO WV9s 6 266 ' 1)0
September 16, 1999
Weld County Board of County Commissioners
CIO:Planning Staff
1400 North 17*Avenue
Greeley,Co, 80631
Dear Commissioners:
Our company,Colorado Real Estate and investment,owns the River Valley
Mobile home Park in the Del Camino area. Our property is adjacent to the proposed
"Idaho Creek"subdivision, We have reviewed the plan for the project and are in support
of the plan for"Idaho Creek"and also believe that the project will be beneficial for the
arra
Please have this letter entered into record for this case,
Sincerely,
'r§;31:(Al —l4t/17(41'4
iS UkoVlchl ceo
Colorado Real Estate and Investment
d Par oN ONE S3IVIOOSSV NOS-In/3 WN9d .6 66F1 =°0
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St. Vrain Valley School District RE-1J
395 South Pratt Parkway • Longmont • CO • 80501-6499
303-776-6200/449-4978 • FAX 303-682-7343
September 2, 1999
Monica Daniels-Mika . . 4 Planning uep,.
Planning Director
Department of Planning Services SEP 8 1999
Weld County Administrative Offices
1400N. 17thAve. RECEIVED
Greeley, CO 80631
RE: Idaho Creek/Carlson Agreement
Dear Monica,
The St. Vrain Valley School District has recently completed an agreement with
Carlson Associates regarding the dedication of a 10 acre school site within the Idaho
Creek development. The intent of the agreement is that the developer would dedicate
the school site within 10 days of recording the final plat and before obtaining a
building permit at the Weld County Offices. The District will notify the County when this
dedication has occurred and thus when building permits can be issued. This
agreement also includes the removal of the school property from the 100 year flood
plain prior to commencing construction.
The District appreciates the County's cooperation and assistance in the development
process and this developer's interest in helping to mitigate the impacts of this
development. Please let me know if you have any questions regarding this
agreement.
Sincerely, QQDD
Cott Toillion, AICP
Planning Specialist
cc: Ken Kirkland, Assistant Superintendent for Auxiliary services
Ben Patton, Weld County Planning Department
Weld County Building Department
Ryan Carlson, Carlson Associates, Inc.
IExinsit
"Excellence - Our Only Option"
AGREEMENT
THIS AGREEMENT is made and entered into as of the lst day of5 7hel:1999,
between the St. Vrain Valley School District RE-1J ("School District") and Carlson Associates, Inc.
("Developer").
WHEREAS, Developer has brought forward a 353 single-family unit development proposal to
Weld County within the School District boundaries known as the Idaho Creek P.U.D. described in Exhibit
A , and desires to develop the property for residential purposes (the property and development are
hereinafter collectively referred to as the "Project"), and is the owner of the proposed school site; and
WHEREAS, Developer acknowledges that the Project will have an impact upon the School District
due to the predictable increase in the number of school age children who will reside in the Project and be
attending school within the high school feeder attendance boundaries serving the Project and will
contribute to the consequential increase to the School District in the cost of providing and maintaining
adequate educational facilities to serve the future residents of the Project; and
WHEREAS, Developer desires to mitigate a portion of such costs by dedicating and conveying a
platted 10 acre site as described in Exhibit B ("School Site") for a future school site:4.0 acres of which is a
gift to the District and 6.0 acres which is as a result of the impact of the development, as provided herein;
and
WHEREAS, the School District in reliance upon the Developer's obligations hereunder is willing
to forebear from recommending against approval of the Project on the basis of inadequacy of school sites.
THEREFORE, in consideration of the foregoing recitals and the mutual promises contained in this
Agreement, the parties agree as follows:
1. Purpose and Intent It is recognized that the Project will create an additional need for new
schools in order to adequately provide for the educational needs of elementary and secondary school
students who are expected to reside in the Project in the future. The purpose of this Agreement is to
mitigate the impacts of this development by providing for the dedication and conveyance of the 10 acre
School Site by the Developer.
2. Determination of Land Dedication and In-Lieu Fee Reauirements, The parties
acknowledge that it is reasonable to determine the expected demand the Project will have on the need for
school sites and the amount of In-Lieu Fees, by the method provided in Exhibit C.
2.1 Methodology. The School District has adopted a methodology to determine the
Fair Contribution for Public School Sites. As part of the methodology, the School District has adopted
planning standards, as of the date of this Agreement, related to: (i) student yields for each school age
level and residential dwelling unit type; (ii) facility enrollment capacities, and (iii) public school site acreage
requirements (collectively referred to as the "School Planning Standards"). Shown on Exhibit C, attached
and incorporated by this reference, are the projected school site or land dedication acreage requirements
for the dwelling units currently planned for the Project. Also shown on Exhibit C are the number of
dwelling units for which Fair Contribution for Public School Sites shall be deemed to have been prepaid as
of the date of this Agreement, subject to the conveyance of the necessary school site acreage and
compliance with the other requirements as provided in this agreement. The Developer and the School
District agree that these School Planning Standards and land dedication requirements are reasonable, are
in conformity with the Weld County Subdivision Ordinance, and shall apply to the project as currently
submitted to the School District.
Page 1 of 5 - 8/31/99
2.2 J and Dedication/In-Lieu Fee The Developer shall plat and convey the 10 acre
School Site to the School District. 4.0 acres of this dedication and conveyance will be provided strictly as a
gift by the Developer to the School District and shall not be considered as mitigating the impacts of each
individual dwelling unit. The impact of each residential dwelling will be mitigated through the dedication of
an additional 6.0 acres of land based on the School Planning Standards contained in Exhibit Ct. With the
conveyance of the School Site to the School District, no in-lieu fee will be required of this Developer.
3. Time and Method of Dedication The Developer shall convey the platted 10 acre School
Site to the School District 10 days following recording of the Final Plat unless extended by the School
District. The conveyance of the site shall be by general warranty deed, the form of which will be
acceptable to the School District. Title shall be free and clear of all liens, encumbrances, and exceptions
(except those approved in writing by the School District), including, without limitation, real property taxes,
which will be prorated to the date of conveyance or dedication. Prior to the time of conveyance,
Developer shall provide to the School District a title insurance commitment, together with copies of all title
exceptions listed therein, in an amount equal to the fair market value of the School Site. Following the
conveyance, Developer shall, deliver to the School District an ALTA Owner's title insurance policy issued
by the title insurance company in the amount of the fair market value of the School Site insuring good
marketable title in the name of the School District subject only to real estate taxes not yet due and payable
and restrictions and exceptions acceptable to the School District. The Developer, at its expense, shall
also provide a boundary survey of the School Site prior to the dedication and conveyance of the School
Site to the School District.
4. Construction of School, In order to allow for the construction of the school the
Developer shall amend the 100-year flood plain by removing it from the school site in conjunction with the
commencement of construction on the first filing of the project. If the School District does not construct a
school on the School Site due to low enrollment numbers in the area, and/or the District determines that
there are other locations better suited for a school, the School District shall have the option to sell the
property and use the proceeds for the purchase and/or development of a school site or facility that would
serve these residents.
5. Separate Obligations. The Developer acknowledges and agrees that the provisions of
this Agreement are separate and distinct from and in addition to other requirements set forth or imposed
by any local governmental entity with planning jurisdiction over the Project.
6. Term, This Agreement will be effective as of the date set forth above and shall remain in
effect through December 31, 2020, unless terminated earlier by the written agreement of the parties.
7. Successors and Assigns Round, This Agreement and each term, provision, covenant,
restriction, and condition hereof shall run with the Project and shall extend to and be binding upon, and
inure to the benefit of, all successors, transferees, trustees, grantees, owners, and assigns of any rights,
title, or interest in any portion, residential lots, or parcels of the Project.
8. n irety of Agreement. This Agreement is the entire agreement and understanding
between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous
agreements, understandings, terms, conditions, representations, and discussions, whether oral or
written, which may have been made by the parties, or their representatives, concerning the matters set
forth in this Agreement. Each party acknowledges that the agents and attorneys of the other parties have
not made any promise, representation, or warranty whatsoever, whether express or implied, written or oral.
not contained herein, concerning the subject matter hereof, to induce the execution of this document.
9. Assignment. The Developer may assign any of its rights or obligations under this
Agreement to any subsequent owner of all or any portion of the Project or any right, title, or interest
Page 2 of 5 - 8/31/99
therein in accordance with this section. Upon any assignment hereof, the assignee shall become liable for
the payments provided for herein and for the performance of all other agreements, terms, conditions, and
covenants of this Agreement undertaken to be kept and otherwise performed by the Developer with
respect to that portion of the Project. No assignment shall be effective to release the assignor from liability
hereunder unless the assignee of this Agreement assumes and undertakes in writing to keep, observe,
and perform all of the agreements, terms, conditions, and covenants contained herein and provides a
verified copy of such assumption and assignment to the School District. Under any such assignment in
accordance with this section, the assignor shall be released from liability under this Agreement to the
extent of that portion of or interest in the Project assigned.
10. Attorneys' Fees and Costs Each party shall bear its own attorneys' fees and costs
incurred in the negotiation of this Agreement.
11. Amendment or Waiver No charge, amendment, or waiver of any of the terms or
provisions of this Agreement shall be valid or binding unless the change, amendment, or waiver is in
writing signed by the parties hereto.
12. Partial Invalidity. If any of the terms, provisions, covenants, restrictions, or conditions of
this Agreement are finally declared by an appellate court of competent jurisdiction to be invalid,
unenforceable, void, or voidable for any reason whatsoever, none of the remaining terms, provisions,
covenants, restrictions, or conditions shall be affected thereby and shall remain in full force and effect.
13. Venue and Applicable Law Any action arising out of the provisions of this Agreement
shall be brought in the Boulder County District Court and the construction and effect of the terms and
agreements contained herein shall be governed by the laws of the State of Colorado.
14. Enforcement
14.1 Restrictive Covenant to Run with the Land. This land dedication required under
this Agreement shall be a precondition to the issuance of a building permit for any residential
development on any portion of the Project. This obligation shall constitute a restrictive covenant that runs
with the Project, binding the Developer, its successors and assigns, and subsequent owners of any right,
title, or interest in all or any portion of the Project.
14.2 lien and Foreclosure. The land dedication required under this Agreement shall
be a continuing lien upon the Project. If not dedicated as required hereunder, the School District may
bring an action at law or in equity against the Developer, its successors, and assigns or may foreclose the
lien against the Project subject to the obligation.
14.3 Fnforr•,ement Fees and Costs Time is of the essence of this Agreement. if the
land dedication is not made as required herein, the School District may commence an action for legal and
equitable remedies without further notice or demand. In the event it becomes necessary for either party
to retain the services of an attorney to enforce any provision or breach of this Agreement or to foreclose
any lien created hereunder, the substantially prevailing party in any such enforcement proceeding shall be
entitled to collect from the other party or add to any foreclosure amount due, its reasonable attorneys'fees
and costs.
15. Recording of Agreement A copy of this Agreement may be recorded in the offices of the
County Clerk and Recorder of the County where the property is situated.
16. Notices., Any notice required or permitted by this Agreement shall be in writing. If such
notice is hand delivered or personally served, it shall be effective immediately upon such delivery or
Page 3 of 5 - 8/31/99
service. If given by mail, notice shall be effective three days after it has been deposited in the United
States mail depository, certified with return receipt requested, with sufficient postage for delivery, and,
unless a new address is designated in writing hereafter, addressed as follows:
St. Vrain Valley School District RE-1J
Attention: Superintendent
395 South Pratt Parkway
Longmont, Colorado 80501-6499
Carlson Associates, Inc.
Ryan Carlson
P.O. Box 247
Eastlake, CO 80614
17. Severability. Each provision of this Agreement shall be severable. If any provision is held
invalid, contrary to, or in conflict with any law or regulation by a tribunal with competent jurisdiction,
remainder of this Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above.
SCHOOL DISTRICT:
ST. VRAIN VALLEY SCHOOL DISTRICT RE•1J
By: &C )tt*
Atant Superinteri e for Auxiliary Services
STATE OF COLORADO )
SS
COUNTY OF BOULDER )
149
The foregoing was subscribed and sworn to before me this /6 f- day of 1/2kQ2Iher,
by Ken Kirkland as Assistant Superintendent for Auxiliary Services for the St. Vrain alley School
District RE-1J. Witness my hand and official seal.
My Commission Expires: 3- .S.�D 0
Notary Pub!i -4
Page 4 of 5 - 8/31/99
DEVELOPER:
CARLSON ASSOCIATES, INC.'-
0 By: ;���
ATTEST: "
STATE OF COLORADO )
) SS
COUNTY OF WELD ) /1
The foregoing was subscribed and sworn to before me this -3 I- day of ati:sgs,t
199c, by 1CazlS N., as V,ce , Us;clu-,,- , �bf Carlson
Associates, In . and attested by -i w.n Cskglso,t _ as
`50..1<e of Carlson Associates; Inc., a Colorado Corporation. Witness
w my hand d offci
tunittl
My Commission Expires: � ,.,-1, ly i `o� .I,PUBtiol%,���i
EQn LC �, S O
Notary Puts: 3 M it
41110.4 or \1O
10
Page 5 of 5 -7/14/99
EXHIBIT A
-Legal Description
The NW1/4NE1/4 of Section 10, Township 2. North, Range 68 West of the 6th P.M. ,
Weld County, Colorado, except that portion Deeded to The Department of
Highways by Deed recorded December 1, 1970, in Book 636 as Reception No.
1558219 described as follows:
Beginning at a paint on the west property line, from which the NW corner of
Section 10, which bears N86°04'W, a distance of 1,320.00 feet;
1. Thence S89°36'E a distance of 1,166.2 feet;
2. Thence S89°49'E a distance of 149.9 feet;
3. Thence N83°03'30"E a distance of 201.6 feet; •
4. Thence S890
49'E a distance of 1,650.00 feet;
5. Thence N84°28'15"E a distance of 251.2 feet; •
6.. Thence 589°49'E a distance of 23.0 feet to the property line;
7. Thence N45°39'E along the property line, a distance of 27.2 feet to the
south right of way line S.H. 119 (0c.1.969) ;
8. Thence 589°55'E along the south right of way line of S.H. 119 (Oct. 1969) ,
a distance of 65.0 feet;
9. Thence NO°34'E a distance of 30.0 feet.. to the north line of Sec. 10;
10. Thence N89°55'W, along the north line of Sec. 10, a distance of 3,522.7
feet to the NW corner of the NE1/4NW1/4 of Sec. 10;
11. Thence SO049'30"W, along the west line: of the NE1/4NW1/4 of Sec. 10, a
distance of 88.7 feet, more or less to the point of beginning;
EXCEPTING therefrom that portion platted as Western Dairymen Cooperative,
Inc. , by the plat recorded January 21, 199E as Reception No. 2590085.
NOTE: The above legal description will be amended upon receipt of requirement
No. 1 Schedule B, Section 1.
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Concerns Regarding
Growth in the Del Camino Area
August 3, 1999
TO WHOM IT MAY CONCERN:
When development was first discussed for the areas north, east, west, and south of Del Camino.
we received continuous assurances from planning groups that we would have schools and local
services (fire protection and an adequate police force) in place to meet the needs of the growing
population. Representatives from the Department of Transportation insisted that adequate roads
would be in place to allow the growing population to move between home and work and to shops
or markets. We were told that parks, bike trails and walking paths would all be part of the new
look development would bring to this area.
What is actually being done is very different from the promises previously made. Homes and
business structures are being put up without regard to the poor system of roads and lack of
schools. Police and fire protection services were inadequate for the population of this area prior to
all the construction of homes and businesses. Nothing has been done to upgrade police or fire
department staffing.
What we will have in the very near future is runaway development that will include homes and
businesses on every available inch of property in the area. Some contractor appears to be piling
fill dirt by the river to our east and a sign has gone up offering the site for business development.
The property that runs along the river looks like it is part of a wetland. It attracts birds and is
home for many types if wild life. It also is in a flood zone. What kind of planning would put any
business or home right on top of a flood zone'?
A "Walkover"is needed across Highway 119 to bridge motels, eating places, gas and
convenience stores with other businesses across the road in the Del Camino area. One of the
most dangerous sections of Highway 119 is this area just before 1-25.
The people in charge of the future design for this area have a responsibility to make sure the end
result of the development allows for roads, services, parks, walking/bike trails, and a sensible use
of flood zone property.
Sincerely.
Mona A. Haddock
Assistant Manager
River Valley Village
10910 Turner Blvd.
Longmont, CO 8D504
i : EXM i1T
July 26, 1999
To: Board of Weld County Commissioners
From: St. Vain Concerned Citizens
Re: Idaho Creek PUD
While we, the undersigned, do not oppose development, we wish to express our
concerns, and suggest that the proposed Idaho Creek PUD (scheduled for August 4, 1999)
be turned down for the following reasons:
(1)We feel that the proposed development of 11 homes per acre (for the
proposed 353 homes to be put on 40 acres) is too dense for the area and not compatible
with surrounding land uses.
(2) We agree with the City of Longmont's referral response that it would be
beneficial to establish urban services in the area such as police protection, schools,
recreation centers, libraries, etc. before bringing in dense development.
(3) We agree with St. Vrain School District's referral response to this
application that the St. Vrain Schools are overcrowded at this time (even though stated
that they will accept it if land or money is given in lieu of)
(4) We agree with highway studies and concerns from the fire department that
more than one entrance is needed to/from that development
(5) We are concerned about the area being in flood plain, and ground water
contamination that would result from this development.
NAME 1 ADDRESS PHONE
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July 26, 1999
To: Board ofWei''County Commissioners
From: St. Vrain Concerned Citizens
Re: Idaho Creek PUD
While we, the undersigned, do not oppose development, we wish to express our
concerns, and suggest that the proposed Idaho Creek PUD (scheduled for August 4, 1999)
be turned down for the following reasons:
(1) We feel that the proposed development of 11 homes per acre (for the
proposed 353 homes to be put on 40 acres) is too dense for the area and not compatible
with surrounding land uses.
(2) We agree with the City of Longmont's referral response that it would be
beneficial to establish urban services in the area such as police protection, schools,
recreation centers, libraries, etc. before bringing in dense development.
(3) We agree with St. Vrain School District's referral response to this
application that the St. Vrain Schools are overcrowded at this time (even though stated
that they will accept it if land or money is given in lieu of)
(4) We agree with highway studies and concerns from the fire department that
more than one entrance is needed to/from that development
(5) We are concerned about the area being in flood plain, and ground water
contamination that would result from this development.
NAME ADDRESS PHONE
-ask— 97 s WL'.oc 9 I ems/- . '-dr5/-Zoe,
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July 26, 1999
To: Board of Weld County Commissioners
From: St. Vrain Concerned Citizens
Re: Idaho Creek PUD
While we, the undersigned, do not oppose development, we wish to express our
concerns, and suggest that the proposed Idaho Creek PUD (scheduled for August 4, 1999)
be turned down for the following reasons:
(I)We feel that the proposed development of 11 homes per acre (for the
proposed 353 homes to be put on 40 acres) is too dense for the area and not compatible
with surrounding land uses.
(2) We agree with the City of Longmont's referral response that it would be
beneficial to establish urban services in the area such as police protection, schools.
recreation centers, libraries, etc. before bringing in dense development.
(3) We agree with St. Vrain School District's referral response to this
application that the St. Vrain Schools are overcrowded at this time (even though stated
that they will accept it if land or money is given in lieu of)
(4) We agree with highway studies and concerns from the fire department that
more than one entrance is needed to/from that development
(5) We are concerned about the area being in flood plain, and ground water
contamination that would result from this development.
NAME ADDRESS PHONE
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DAILY TIMES-CALL/HOME&
kc ffl&i
t ii itpy f..e o R ALA s + ..4.44
y£�9 $ Pc,�.
How i ' 1 0 . chore a
new nei 24
Special to the Times-Call been done to
ocation is one r ' Martha prevent erosion'?Is
of the most Cleensen the landscaping
L m
important attractive and likely
considerations when - ;t . is coordinator to enhance the value
shoppingi.'or a new of the Boulder of the home?
home.Weigh the ., County Chapter 15.Taxes.
pros and cons of
living in the city,the of the Home Are the property
suburbs or the` x Builders' tax rates
country.Compare reasonable?Is
neighborhoods as Association of either the tax rate
carefully as you - Metro Denver. or the value of the
compare houses. house likely to
change enough to
Consider practical cause a substantial
aspects,such as or medical center Are there suitable increase in your tax
time and distance to nearby? parks and payment?
work,schools and 4.Schools and recreational
shopping,and the day-care.
11 facilities nearby? 16.Assessments.
publicavaibt ty of Are schools in a 16.Places of Are there special
convenient µ'or4iu1$ assessments
transportation. location?Are Areplaces of coveringa portion
Make personal
observations,but convenient day-care worship available of the lot,street or
also consult w ith facilities available? and convenient? community
your builder,local 5.Traffic. 11.Privacy. development costs
cthat Hill force iyongto.,....
governmen., Are file streets liti?liblintiand a added monthl
friends,and if quiet enough?Does house offer charges for a y
possible,people in the speed limit on adequate privacy? specified number of
the neighborhood. the streets suit you? 12.Water. years?
As you explore each If you have
home,use the children,will they Does the 17.Nuisances.
following checklist be safe from traffic community have a
to determine hazards? reliable source of Are there nearby
whether the drinking water with sources of noise.
nei O.parking.
ghborhood suits adequate capacity smoke,soot,dust,
your needs. Are parking and to meet present and Odors or other
garage facilities future needs? hazards that will
1.Shopping. adequate? 13.Sanitation affect the housing
Are adequate 7.Transportation. facilities. development?Are
facilities nearby? there any plans to
Is public Is the sewer develop plans under
2.Police and fire transportation system or septic consideration that
protection. frequent and tank adequate and could substantially
Are police and fire convenient. reliable?Does it change the nature of
protection 8.Trash and meet present and the community?
adequate? garbage collection. anticipated needs.
Are trash and 14.Landscaping. is.Flooding.
3.Medical garbage collection Is the land Is flooding from
facilities, adequate? well-drained?Has nearby waterways a
Is there a hospital 9.Recreation. proper landscaping potential problem?
4 EXIiT
C;mson
P.0_Box 247
12460 1st Street
Eastlake,Colorado 80614
Office:303/457-2986
Fax:303/280-2978
FACSIMILE TRANSMISSION COVER SHOET
DATE
TIME:
PLEASE (DELIVER THE FOLLOWING PAGES TO:
NAME: J -- M o rr t,12;”' - FAX NO:`l b J�(7
TITLE: . PHONE: _
- FIRM:
WE ARE TRANSMITTING Cl PAGE(S) (including this cover sheet).
FROc �M: ^.n. Cot-'`4 u v \ RH:
TITLE:
FIRM: CARLSON ASSOCIATES,INC.
12460 let STREET
P.O.BOX 247
EASTLAKE, CO 80614-0247
FAX NO: (303) 280-2978 . PHONE NO: (303)457-2966 t -
MESSAGE: k
•
EXHIBIT
•
c0z #52Q
l ' d O8Ld' oN 'ONE S31V OOSSV NOSidVO 141d98 ' 6661 ' 9 ' 100
70ct-05-99 01 :35P Left Hand Water Dist 303 530 5252 P.01
■
SUBDIVISIONIMULTIPLE TAP SERVICE AGREEMENT
1, PARTIES. The parties to this Agreement are the LEFT HAND WATER. DISTRICT
("District')and CLAY CARLSON ("Applicant").
2. RECITALS AND PURPOSE. The.Applicant has executed a contract for the purchase of
certain property described herein and will be developed and referred to as the IDAHO CREEK
SUBDIVISION. 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 Applicant desires
that the District commit to provide water service within the boundaries of the property described
herein. 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 proposed Project to be
developed upon Applicant's property. Accordingly, the parties agree to the following provisions in
consideration of the mutual covenants set forth herein.
3. LEGAL DESCRIPTION OF .PROJECT_ For purposes of this Agreement, the tern
"Projeet.°' shall mean the property described on the attached Exhibit A, and which is known as the
Idaho Creek Subdivision, Weld County, Colorado, The Applicant agrees to furnish a reproducible
copy of the preliminary plat to the District and said plat is expressly incorporated by reference into
this Agraeaucrrt. Any change or alteration in the area,size,shape, density,usages,requirements,tap
equivalents needed. or timing of development of the subdivision which may affect the number of
tap equivalents required for the Project or the method or manner of the provision of water to or
within the Project shalt first require the written approval of the District.
4. ON-SITE 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 property as described on Exhibit A and all necessary transmission lines, connecting
lines and appurtenant facilities necessary to connect with the lines of the District, as presently
engineered and installed or to be constructed,shall be installed at Applicant's sole cost and expense
anti shall be in eecnrdsnee with design and specifications as fixed by the District. Applicant agrees
that the actual installation and construction of on-site water lines 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 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 famish, 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 may be required for the consttttetion of any portion of the water
lines and appurtenant facilitles which may be needed to service the Project. Such eascrnenm,rights-
of-way and consents small he provided prior to commencement of construction
b. WATER SERVICE.
6.1 Applicant has previously executed an agreement with the District for the purchase
of 150 SPEs (single family equivalencies) fir( the initial phase of the Project
Contingent upon the construction and foaming of the improvements described
l d 08L3' °N 'ONI S3IV100SSV NOS1dVO Wd98 : 3 6661 ' 0 ' 130
Oct-05-99 01 :36P Lett Hand Water Dist 303 530 5252 P_02
herein, District shall provide treated water service to the Project up to and
including 203 additional SFEs for the remaining phases of this Pmjlect. .
Applicant shall execute a Water.Tap Purchase Agreement with the District for the
additional 203 SFEs, substantially in the :form which is attached as Exhibit B.
Said Agreement shall be executed within 10 days after approval of the final plat
of the Project by the Board of County Commissioners of Weld County.
6.2 The Applicant acknowledges that .Dishact is responsible only for making
available to the Projects individual taps domestic water 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.
6.3 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. SALE OF ON-BITE 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 related water transmission
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
govermnental subdivisions, agencies and units and in accordance with the design standards and
requirements of the District. Applicant shall guarantee the lines and &eiliries 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 mad expense for operation and maintenance except
as to the above one-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. OVERSIZE LINES. Applicant shall be required to pay for installation of those
transmission and connecting lines outside the boundaries of Applicant's subdivision as more fully
described in paragraph 9 herein. 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 the property of the Applicant 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 requirernents 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
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service from the District and connection to such line, or lines. The charge shall be no less than.
such unit "cost per tan"and shall be collected by the District for the benefit of Applicant during a
period of fifteen 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 a written Participation
Agreement,substantially in the form which is attached as Exhibits C-1 and C-2, to be executed by
the parties prior to the commencement of construction.
9. OFF-SITE CAPITAL IMPROVEMENTS. The patties acknowledge that as a condition
precedent to providing domestic water service to the Project, certain major off-site capital
improvements are required to improve District's transmission capacity, Subject to the provisions of
paragraph 8 regarding oversizing, these improvements include:
9.1 Phase 1, Eastern Transmission Line: The construction and installation of a 30" line
from the existing Niwot Tank/Pumping facilities to the intersection of Colorado Hwy
52 and North 95th Street, then continuing as a 24" :line along Hwy 52 approximately 4
miles to the intersection of Hwy 52 and the Boulder-Weld County Line Road. The total
cost of such improvements is approximately $2.,960,000,00. That portion of such cost
which will be specifically allocated to the Project shall be determined at the time of
construction (as set forth in paragraph 8 above) and such allocated portion shall not be
subject to reimbursement to Applicant. Upon the purchase of the 126' SFE pursuant
to the existing Agreement between the parties for the purchase of said 150 SFPs,
Applicant shall deposit with District the letter of credit referenced in paragraph 10. The
patties acknowledge that the District is contemporaneously negotiating a similar
agreement 'with another party for the posting of a letter of credit for the construction of
this Phase L In the event that the other party executes its Agreement prior to execution
of this Agreement, no letter of credit will be required of Applicant for this Phase I:
provided, however, that as a condition precedent to service, Applitant will be required
to pay a.surcharge per each tap purchased to reimburse the other party for Applicant's
share of the constructed line.
9,2 Phase IC -A, County Line Road Line Extension and Phase II-A-1: The construction
and installation of a 16inch line rom the intersection of Hwy $2 and the Boulder-Weld
County Line Road north along County Line Road to WCR 20 Ye (Phase 11-A) at an
approximate cost of S1,200,000 and then north to Colorado Hwy 119, then east to tie
into the existing 16"water line at WCR 3 Vt(Phase IT-A 1)at an additional approximate
cost of$1,1.14,000. The total cost of such improvements is approximately $2,314,000.
That portion of such cost which will be specifically allocated to the Project shall be
determined at the time of construction (as set faith in paragraph $ above), and such
allocated portion shall not be subject to reimbursement to Applicant. Upon the
purchase of the 126" SEE pursuant to the existing Agreement between the parties for
the purchase of said 150 SFEre Applicant shall deposit with District the letter of credit
referenced in paragraph 10. The parties acknowledge that the District is
contemporaneously negotiating a similar agreement with another party for the posting
of a letter of credit for the construction of Phase,II-A. In the event that the other party
executes its Agreement prior to execution of this Agreement, the letter of reedit required
.3
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of Applicant: for Phase fl-A will not be required; provided, however, that as a condition
precedent to service, Applicant will be requindd to pay a surcharge per each tap
purchased to reimburse the other party for Applicant's share of the constructed line, and
Applicant will be required to post a letter of credit for the approximate cost of
construction tion.of Phase II-A-1 (approximately$1,114,000)
9.3 Estimated Costs. The amounts set forth herein are good-faith estimates calculated by
District's stiff based upon current construction costs based upon commonly accepted
industry standards and are expressly subject to final adjustment based upon (a)the final
sizing of the water line or lines as determined by the District based upon the density of
the project as approved by the applicable county agencies and as may be required by
applicable lire codes, but in any event, no smaller than a 12" line; and (b) actual
construction costs utilizing the public bidding process. Actual construction costs shall
include and are subject to all of the then applicable federal, state and local regulatory
requirements, including without limitation, environmental impacts, land or easement
acquiartiou costs, engineering design, and all consultants' fees (including legal,
environmental,and an;hacological).
10. LETTER OF CREDIT. Upon the purchase of the 1264' SEE pursuant to the existing
Agreement between the parties for the purchase of said 1 S0 SFEs, Applicant shall deposit with
the District a letter of credit in the total amount of $5,274,000 representing the combined
amounts set forth in paragraphs 9.1 and 9.2, above in the event that the other party does not post
a letter of credit for Phase 1, or$1,114,000 in the event that the other party does post said letter of
credit. The letter of credit shall be in a form acceptable to the District, issued by a Colorado
financial institution in good standing, shall not be revocable for a period of twelve months from
date of issuance, and Shall be held, disposed of, and administered in accordance with the
following terms and conditions:
10,1 The letter of credit shall be held by the District as security for the performance by
Applicant of the funding of all construction costs and expenses related to the
construction of the water lines described in paragraphs 9.1 and 9.2 of the
Subdivision✓tvlultipleTap Service Agreement.
1.0.2 Upon approval of the Project by all applicable governmental entities and
commissions, including Weld County Cotnmissioners, , the letter of credit shall be
released by District upon the occurrence of:
a. The execution by the Applicant of Line Participation Agreements,
substantially in the form which is attached as Exhibit f) for the payment of
all construction costs and expenses of the construction of the lines
described in paragraphs 9.1 and 9.2 above, and providing for either
reimbursement of oversizing costs, or allocating such costs to other
applicants'contributions;and
b. The deposit of$5,274,000 or$l,l 14,000, as the case may be and as more
flatly set forth above,(or such amount as may be required to construct the
lines as determined by the District alter completion of the public bidding
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process) in certified funds, or the wire transfer of such funds, into a
District designated construction account with a Colorado financial
institution of its choosing, to be utilized by the District solely for
construction of such line extensions as described in paragraphs 9.1 and
9.2. In the alternative, at the request of the Applicant, the District may
draw against the letter of credit in such amounts and at such times as may
be sufficient to meet the District's construction costs and expenses. In
such event, the letter of credit shall remain in full force and effect, or in
the event of non-renewal, shall be replaced with a letter or letters caf credit
in such amounts as the District may require, as the case may be, until
completion of the construction and acceptance of the work by the District.
10.3 Upon disapproval of the Project by any one of the applicable governmental entities
and commissions, including the Board of County Commissioners of Weld County,
which disapproval precludes the development of the Project, the District shall release
the letter of credit to Applicant within five business days of receipt of written notice
from Applicant of web disapproval and Applicant's request for a release of the letter
of credit.
10.4 Upon approval of the Project by all of the applicable governmental entities and
commissions, but such approval is upon such terms and conditions which are
unacceptable to the Applicant, as determined by Applicant in its sole discretion, the
District shalt release the letter of credit to .Applicant within five business days of
receipt of written notice from Applicant of such unacceptable approval and its request
for a release of the letter of credit.
10.5 Upon withdrawal of the Project from consideration by all applicable governmental
entities, the District shall release the letter of credit to Applicant within five business
days of receipt of written notice from Applicant of such withdrawal and its request for
a release of the letter of credit.
11. TERM. This Agreement shall terminate upon the rarlier of the occurrence of any one of
the events described in paragraphs 10.2, 10.3, 10.4 or 10.5, above.
12. 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 which may be in
force from time to time,
13. 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.
14, 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:
5
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14.1 Upon execution of this Agreement,a topographical survey of the project; and
14,2 Within I 0 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
14.3 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.
15, 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 o.f God and
nature, fires, Mode, 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 govcrmnentsl orders,directives,requirements or(imitations-described above.
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 the Agreement..
17. ADDITIONAL DOCUMENTS OK ACTION. The parties agree to execute any additional
documents and to take any additional action necessary to cany out this Agreement.
18. INTTEGRATION AND AMENDMENT; PRIOR AGREEMENTS. This Agreement
ny«ents the entire agreement between the parties and except for the agreements attached 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 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. AU prior agreements and
contracts between the parties and regarding the sale and purchase of taps are hereby rescinded_
19_ ALTERNATIVE DISPUTE RESOLUTION. La the event of any dispute or claim
arising under or related to this Agreement, the patties 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 thotefor. If
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such dispute or claim is not settled through mediation, then either party may initiate a civil action
in the District Court for Boulder 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.
20. 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 assigrunent shall, however, be effective upon the District
unless and until the District receives written:notice or copy of the assignment.
21. 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.
22. 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 XX, Section 20 of
the Colorado Constitution, such obligation or obligations arc subject to an annual appropriation by
District's Board of Directors. The panics 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.
23- EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in. this
Agreement for all purposes.
24. 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 Dilly enforceable, and this
Agreement shall be interpreted in all respects as if such provision.were omitted.
25. NOTICES. Any notice required or permitted by this Agreement shall he 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.
26. AUTiIORIZATI/)NS. 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 Hoard of Directors.
DATED! , 1999. LEFT HAND WATER DISTRICT
•
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Niwot,Colorado 80594
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