HomeMy WebLinkAbout20250169.tifflL )..11)..1D
;I 11K
V;I:L ,L_..
10450 E 159th Court Phone: (303) 637-0344
Brighton, CO 80602 Fax: (303)637-0423
April 19, 2024
RE: Conditional Will -Serve Letter for various Parcels in the Rule project
ACM ALF VIII JV SUB I LLC:
ACM ALF VIII JV SUB I LLC is the owner of several parcels totaling approximately 521
acres included in an application for a change in zoning (the "Owner") in Weld County,
Colorado (the "Property"). The Property is generally located north of WCR 2, south of
WCR 6 and between WCR 21 and WCR 23/Brighton Ditch in Weld County, Colorado. The
Property is located within the service area of Todd Creek Village Metropolitan District
("TCVMD" or the "District"). It is the understanding of TCVMD that the Owner may develop
certain sites within the Property (the "Site") and seek Service (as defined below) to the
Site. Therefore, the Site is the subject of this Conditional Will -Serve Letter from TCVMD.
TCVMD is willing and able to provide potable and non -potable water service and sanitary
sewer service to the Site (the "Service") for either residential or commercial uses subject
to the following conditions, which shall be conditions precedent to any obligation on the
part of TCVMD to provide such Service:
1. The Owner shall pay TCVMD's then current water and sewer tap fees and all
other applicable fees, rates, tolls and charges imposed pursuant to TCVMD's then current
Rules and Regulations, as may be amended from time -to -time.
2. The Owner shall dedicate all groundwater rights to the District as outlined in
TCVMD's Rules & Regulations at such time the District requires.
3. The Owner shall design, construct, acquire easements and install any and all
infrastructure required or deemed necessary by TCVMD to provide Service to the Site
(including but not limited to: service taps, service lines, mainlines or any other
improvements and facilities required, including any permits or improvements required by
Weld County or Adams County). The Owner shall design all such Owner -installed
infrastructure according TCVMD's design standards and in accordance with TCVMD's
Rules and Regulations, in place at such time as the design is completed. The Owner shall
reimburse TCVMD for any and all costs the District incurs related to its review of the
infrastructure design, construction and installation, including reimbursement of its
engineering, legal and other consultant fees.
4. The Owner will be required to pay a pro -rata share for any off -site capital
improvements deemed necessary by TCVMD to provide Service to the Site including, but
not limited to, water storage tanks, pipelines, reservoir improvements, pumps, water
treatment plant or upgrades needed to any other District infrastructure.
5. TCVMD will provide the Owner with non -monetary assistance in the
acquisition of easements necessary to provide for offsite infrastructure to allow
TCVMD to provide Service to the Site. In addition, TCVMD will provide the terms of,
and administer, reimbursement or cost recovery agreements related to the installation
or upsizing of offsite facilities or infrastructure designed and constructed by the Owner
benefiting future development receiving service from TVCMD. The standard life span
of such reimbursement agreements is fifteen years.
6. The Service will be provided to the Site, subject to and conditioned upon,
compliance with the District's policies and Rules and Regulations as may be amended
from time -to -time and the payment of all applicable fees, rates, tolls and charges
imposed thereunder. This commitment shall run only to the Site and shall not be
transferrable or assignable in any manner whatsoever.
This Conditional Will -Serve Letter shall not be effective until the Owner executes a
Tap Purchase Agreement with TCVMD indicating the Owner's willingness to be bound
by the terms set forth therein.
If as the Owner's representative, there are any follow-up questions or concerns, please
do not hesitate to contact me.
Todd Creek Village,Metropolitan District
Don Summers
General Manager,
Todd Creek Village Metropolitan District
cc: Blair Dickhoner, District Counsel
Todd Creek Village Metropolitan District - Board of Directors
Hello