HomeMy WebLinkAbout20173004.tiffLONGS PEAK WATER DISTRICT
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H1is letter is to colilii'111 that the 11ri"11crh located iii Section .21
(1 \k in 11clrl Count,— e lhei11i'c 1,,114111I1 .;.i- I1Weld State lll`'i}11,11 ()ft
I .(Fn4'I11{}lll_ CO 80711)-1 is I;"ejlekl clilirell 11 ill1ill the h"ialll.Litii'1 "ii' the I ones I"cuh G1 ;IIL.r
Ili 1riet. ;ind1 I.ones Peak. 11iII he die pro', ider olden -nestle 11J1c1` scrlice.
I 114 I)itilriel decs not ellr'veillll hale Lutecium, tik.itc lint' inlr.lylrlletLlre iii place and
:idiaccilt t1r the 11I'tiillertl ill question to tipp"irt Ilic 1i1'Olicatiell 1Ic\chyme'''. A 11.i1cr Idle
c`ktensieli 11 ill be needed to 4ei c this development_ I he ul siic in Iii tructure \sill need to
he in P ;ict' iti+`1irre 11.Itel taps e;[n he sold. With thin will. it is the respon5ihilitl of the
i1roperlti o1111er_ under direction stir the District, [(I Imo, ll"r and install 11111 11:,.iti=rline
;il l}1lrten.lnre t"1 iiro%idle \\titer le the pILipl!I`I~,. It Hill he neeess,ir1 l ii the de', eloper to
I ect 111111 1111tielI 10 ClitiCIIc the 1111r;atilfllelllre neceSSilrl 10 illiCtitiLrleI4 seri.e the proposed
do cliyIiiclit. the propdl't\ ()yowl 11 ill alti," he re poii ible 14+r I�nrch;itiin t.alti� t+31x1
t[,II:. Idi'rlr1p the uppity' late amount of Hl' tap purchases.
11' 1 «tl huti e IL[rther LI 1L' li0lir.. please contact 11}e_
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PRELIMINARY PERCOLATION TEST RESULTS
AND
OWTS RECOMMENDATIONS
FOR
UNION FARMS P.U.D.,
(1132 HIGHWAY 66),
WELD COUNTY, COLORADO
FOR
COPPER HOMES
CDS ENGINEERING CORPORATION
LOVELAND, COLORADO
PROJECT NUMBER
15-7842
APRIL 25, 2016
April 26, 2016
Project No. 15-7842
Mr. Dave Hoskins
COPPER HOMES
13117 Weld Co. Rd. 3
Longmont, CO 80504
Dear Dave,
Enclosed is the report you requested of the preliminary percolation test results and OWTS
recommendations for the proposed Union Farms P.U.D. to be located at 1 132 Highway 66, Weld
County, Colorado.
The preliminary recommendations provided in this report are in compliance with Larimer
County regulations for OWTS.
If you should have any questions concerning the information in the report, please feel free to
contact this office.
Respectfully,
FOR AND ON BEHALF OF
CDS ENGINEERING CORPORATION
Kevin F. Becker, P.E.
Enclosures
TABLE OF CONTENTS
Letter of Transmittal
Table of Contents
Scope
Site Investigation
Site Location and Description
Subsoils and Groundwater Conditions
Percolation Test Results
Septic System Recommendations
Conclusions
ATTACHMENTS
Location of Test Borings
Symbols and Soil Properties
Log of Borings
Page
i
ii
1
1
1
2
2
2
Drawing No. lA
Figure No. 1
Figure No. 2
1
SCOPE
This report provides preliminary percolation test results and OWTS recommendations for the
proposed Union Farms P.U.D. Subdivision to be located at 1132 Highway 66, Weld County,
Colorado.
SITE INVESTIGATION
A field investigation, performed on April 18, 2016, consisted of drilling two (2) profile holes
to a depth of eight (8) feet and two (2) percolation holes near each profile hole, to an average depth
of twenty-four (24) inches. Percolation tests were performed on April 19, 2016. The Location of the
Test Holes is shown on Drawing No. 1. A Log of Borings is shown on Figure No. 2.
SITE LOCATION AND DESCRIPTION
The site is located north of Longmont, east of County Road 3, on the south side of Highway
66, Weld County, Colorado. The site is generally in a plains region with paved roads and utilities,
and vegetation consist primarily of grass. The site has a slight slope to the south. No rock outcrops
or water features were observed at this site. An existing house and several out building were located
on the north end of the site. Most of the site is currently being utilized as a horse pasture.
SUBSOILS AND GROUNDWATER CONDITIONS
Topsoil - A thin layer of topsoil, approximately six {6) inches, overlies the site.
Clays — Clays with slight to moderate amounts of silt were encountered to the depths explored in
PTH-1, and to a depth of six (6) feet in PTH-2. The clays appear to be moist to very moist, firm to
soft, and brown.
Groundwater levels were recorded as the borings were advanced, after completion of the
drilling operations, and the day after the drilling operations. During our field explorations
groundwater was encountered in PTH-lat at a depth of three (3) feet. The groundwater table could be
expected to fluctuate throughout the year depending on seasonal moisture variations.
2
PERCOLATION TEST RESULTS
A total of two (2) percolation tests were conducted at two (2) different locations on the
property, using the Standard Test Method, as described by the Weld County Health Department.
Percolation test holes were presoaked on April 18, 2016, and the test was performed on April 19,
2016.
The percolation exploration indicates no appreciable change in the test holes near PTH-2 and
percolation rates of 80 and 120 minutes per inch with an average rate of 100 minutes per inch in the
area of PTH-1. Due to the slow percolation rates, we anticipate that engineered septic systems will
be required for these conditions. Based on these conditions, Evapotranspiration absorption or low
pressure drip systems would be applicable at these sites. Due to the possibility of groundwater
fluctuation, the systems may also have to be mounded, and/or pressure dosed.
SEPTIC SYSTEM RECOMMENDATIONS
The beds should be constructed by a licensed septic system installer, in accordance with the
I.S.D.S.R. for Weld County. An effluent filter could be installed in or after the septic tank and may
provide a longer life for the system. The beds should lie a minimum of ten (10) feet from property
lines, twenty (20) feet from the proposed structure, and one -hundred (100) feet from most wells. The
contractor and/or owner must carefully plan the elevations of the structures if gravity flow of the
wastewater to the septic system is desired.
CONCLUSIONS
These tests are only preliminary for the area tested. The findings and recommendations of
this report have been obtained in accordance with accepted engineering practices in the field of
Geotechnical Engineering. The county health department has final acceptance over these test results
and referenced system. All construction shall be in compliance with the septic system permit.
HIGHWAY
ATEfl FIRE DEPT ACCESSlEASF.MENT
NOT A PART
nsaa.sa. t
fi
REG EXEMPTION
NOT A PART
ral
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4
4
LOT 1
36,21.5 59. Pat
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t0' UTILITY EASEMENT
PTH--2
• LOT 2
55644 TH-2
2
LOT 3
57383.!& SF fua1
Y.3 #tte
0' DRAINAGE &
GREENBELT EASEMENT
LOT 4
[! 1 112.141',
moms ro:
1.87 1414
LOT 9
TH-3
«N'v£A, Ff41
1.3 r�rM
LOT 8
59®71.S9. rest
1.4'K'+!
t0'4J7II, YEASEMENT
LOT 7
0801.1 Sq. fsa1
1.4 8..1
20' DRAINAGE&,
• GREENBELT 'EASEMENT
- TH-4 * TH -1
•
P'TH-1
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PERC TEST.
HOLE, TYP.
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LOT 6
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Project No.
Symbols cSc Soil Properties
FIGURE NO. 1
Fill
Gravel
Sand
Silt
Silty Clay
et/
J I I
11
it
Clay
Weathered Bedrock
Siltstone
Claystone
Sandstone
Limestone
Igneous & Metamorphic
I
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I
N/12 CALIFORNIA
N/12 SPLIT SPOON
THIN WALLED (SHELBY)
BAG SAMPLE
PITCHER SAMPLE
Penetration Resistance and Strength Classifications
are Based on The Standard Penetration Test
Number of Blows
Per foot (N)*
0-4
4-10
10-30
30-50
50+
Relative Density
Cohesionless Soils
Very Loose
Loose
Medium
Dense
Very Dense
* BLOWS PER FOOT - BLOWS OF 140 LB.
HAMMER DROPPED 3D IN. TO DRIVE
SPLIT SPOON OR CALIFORNIA SAMPLER
12" (IN.) (ASTM DL586-67)
** EQUIVALENT TO PP/2 AND Qu/2
Consistency
Cohesive Soils
Soft
Firm
Stiff
Very Stiff
Hard
Approximate
Cohesion ksf**
Less than 0.5
0.5-1.0
1.0-2.0
2.0-4.0
Greater than 4.0
Engineering
Corporation
165 2nd St. S.W.
Loveland, CO 80537
Tele: (970) 667-8010
D
0
r
O
5 FT.
10 FT.
15 FT.
20 FT.
25 FT.
30 FT.
35 FT.
0 FT.
PTH-1
Perc Area
PTH-2
Perc Area
7
.z
0 FT.
CLAY: silty, moist to v. moist, firm to
soft, brown
SILTST0NE: weathered, clayey and sandy,
moist, hard, tan/gray
Borings drilled 04/18/16 using
a 4" diameter, continuous flight
truck mounted drilling rig.
�- = Groundwater drilling
= Groundwater on 04/19/16
All soil and/or rock contacts shown on boring logs ore approximate and represent subsurface conditions at time
of drilling. Boring logs and information presented on logs are subject to discussion and limitations of this report.
LOG OF BORINGS
CLIENT:
Copper Homes
PROJECT NO.
15-7842
0 0
m
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Q =
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0
5 FT.
10 FT.
15 FT.
20 FT.
25 FT.
30 FT.
35 FT.
Engineering
Corporation
PROJECT LOCATION
Union Farms P.U.D. (1132 Hwy 66),
Weld County, Colorado
Fig. No.: 2
165 2nd St. S.W.
Loved d, CO 80537
Tele: (970) 667-8010
Diana Aungst
From: Bob Choate
Sent: Friday, July 14, 2017 4:51 PM
To: Diana Aungst
Cc: Michelle Martin; gary@lpwd.org
Subject: RE: Water letter for Union Farms
Attachments: Subdivision Service Agreement blank.doc; 1132 Highway 66 - Union Farms - Formal Commitment
Draft - Weld County-si....pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Diana,
I've reviewed the water requirements for the Union Farms development at 1132 Hwy 66. Mr. Gary Allen, General
Manager of the Longs Peak Water District, provided me with an updated water service letter, dated July 3, 2017. He also
provided me with a template water services agreement, which is not yet executed and likely to be amended. See both
attached. Mr. Allen has estimated the need for 1.4 units of Colorado Big Thompson (CBT) water per residential lot
equivalent, for a total of 15.4 CBT units. Per Mr. Allen's prior letter dated November 19, 2015, the applicant will also be
required to extend water line infrastructure to the property.
As for this change of zone application, because CBT water is generally available on the market, I am comfortable that
water is sufficient under C.R.S. 29-20-304 and reasonably available to the property. At the time that the applicant
submits a Final Plan, I would recommend two conditions of approval prior to recording the final plat: (1) the applicant
shall sign a water service contract with the Longs Peak Water District, and (2) the applicant shall dedicate all required
raw water to the Longs Peak Water District.
Let me know if you need anything else on this from me. Have a good weekend,
Bob Choate
Assistant Weld County Attorney
1150 "O" Street; P.O. Box 758
Greeley, Colorado 80632
Tel: 970-336-7235
Fax: 970-352-0242
Email: bchoate@weldgov.com
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From: Diana Aungst
Sent: Wednesday, June 28, 2017 8:21 AM
To: Bob Choate <bchoate@weldgov.com>
Cc: Michelle Martin <mmartin@weldgov.com>
Subject: Water letter for Union Farms
1
Bob:
Attached is a will serve letter provided by Longs Peak Water District for a 12 lot PUD by Mead (Union Farms).
Please review and provide comment.
Thanks,
Diana Aungst, AICP, CFM
Planner II
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
970-400-3524
Fax: (970) 304-6498
dau ngst(c�weldgov.com
www.weldgov.com
COO
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2
•
LONGS PEAK WATER DISTRICT
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July 3, 2017
Bob Choate
Assistant Weld County Attorney
1150 O Street; P.O. Box 758
Greeley, Colorado 80632
RE: 1132 Highway 66 (Union Farms)
Water Commitment
Mr. Choate,
You recently inquired about Longs Peak Water District's water supply plan in regards to
the aforementioned address. The District did supply a "Will Serve" letter to the developer of this
property wherein we stated that Longs Peak would be the water purveyor for this property. As
this was not a formal "Commitment Letter", I would agree that Weld County needs verification
that this small subdivision needs to show that there will be adequate water to supply the
development. I have had several meetings with the developer and they are aware that raw water
will need to be transferred to the District to satisfy both our requirement as well as yours.
The District currently requires the transfer of 1.4 units of Colorado Big Thompson Water
(CBT) per residential lot equivalent (RLE). This development will have 11 lots thus requiring
the transfer of 15.4 units of CBT. I would propose that this transfer is required before Weld
County's approval of the final plat. The developer will also need to improve some offsite
infrastructure which they are already aware of. We are currently discussing those improvements.
With that said, the property is situated within the boundaries of the Longs Peak Water
District, and has been historically served by the District. The District will require the transfer of
15.4 units of CBT to meet our current raw water transfer requirement, and would agree that
acceptance of this raw water be required before Weld County's approval of the final plat
If you would like to discuss further, please let me know. If you are in agreement with the
stipulations outlined in this letter, please consider it as the formal letter of commitment. Either
way, I look forward to your comments.
Should you have questions or need additional information, please contact me.
Best regards,
Gary S. Allen
Gary Allen
General Manager
LONGS PEAK WATER DISTRICT
SUBDIVISION SERVICE AGREEMENT
FOR
(Subdivision Name)
1. PARTIES. The parties to this Agreement are the LONGS PEAK WATER
DISTRICT ("District"), and ("Developer").
The District and the Developer are hereinafter referred to collectively as the Parties.
2. RECITALS AND PURPOSE. The Developer is the owner of certain property
which it desires to develop and which is referred to as ("Subdivision").
is within the District's service area and is described on attached EXHIBIT A. The
District is a special district organized under Colorado law which provides domestic and
irrigation water service to its customers for which monthly service charges are made. The
Developer desires that the District commit to provide water service within the boundaries
of the Subdivision for approximately residential lot equivalent taps
(RLE's). The Developer shall comply with all of the District's Bylaws, Policies and
Regulations as they may now or hereafter exist. The Developer will install certain Off -
Site potable water infrastructure to accommodate the total number of residential units in
the Subdivision; install or participate in (via rebate or reimbursement agreements
described in EXHIBIT B) certain other Off -Site potable water infrastructure to
accommodate the total number of RLE's in the Subdivision; install all required On -Site
potable water infrastructure to support the total demands and requirements of the
Subdivision; and install On -Site and Off -Site Brown Water Irrigation System
infrastructure (Irrigation System) to accommodate the total number of RLE's in the
Subdivision. Ownership of the On -Site and Off -Site potable water infrastructure
improvements will be transferred to the District upon completion, approval of and
acceptance by the District. Should the District decide to own and operate the Irrigation
System, ownership of all On -Site and Off -Site Irrigation System infrastructure will be
transferred to the District upon completion, approval of and acceptance by the District.
District policies regarding ownership and operation of Irrigation Systems will be
forthcoming. If the Developer complies with this Agreement, then the District agrees to
provide potable water service for all requested taps under the terms and conditions set
forth in this Agreement, and in accordance with the District Bylaws, Policies and
Regulations. In addition, should the District decide to own and operate the Irrigation
System, and if the Developer complies with this Agreement, then the District agrees to
provide irrigation water service for all requested taps under the terms and conditions set
forth in this Agreement, and in accordance with the District Bylaws, Policies and
Regulations, including forthcoming policies regarding Irrigation Systems. The purpose of
this Agreement is to set forth the terms and conditions concerning the District's supplying
such Water Service to the Subdivision. Accordingly, the Parties agree to the following
provisions in consideration of the terms, conditions, and mutual covenants set forth
herein.
Page 1 of 10
NOW, THEREFORE, THE PARTIES AGREE:
3. CONSTRUCTION.
3.1 Subject to the terms and conditions set forth herein, the Developer shall install the
On -Site and Off Site infrastructure improvements for both the potable water
system and for the Irrigation System ("Installations") pursuant to the plans and
specifications approved by the District as stated in Paragraph 3.2 of this
Agreement. The obligations and benefits to this Agreement shall run with the land
described in EXHIBIT A.
3.2. The Developer shall submit plans and specifications for the Installations to the
District for approval, which approval shall not be unreasonably withheld,
conditioned or delayed. Upon receipt of the plans and specifications for the
Installations, the District shall have a reasonable time (approximately 30 days) to
review the plans and specifications for approval or rejection. If written notice of
approval is not given to the Developer within such time period, the plans and
specifications shall be deemed rejected; provided, however, if the District rejects
such plans and specifications, the District agrees to provide to the Developer the
reasons for such rejection. The Developer shall have the right to resubmit
amended plans to the District for review. The District may impose reasonable
standards for the protection of the District. This review process shall continue
until the plans and specifications are approved by the District or until terminated
by the Developer. Upon this approval, and subject to the conditions set forth in
Paragraph 8 below, the Developer and District shall execute a Line Extension,
Participation and Rebate Agreement, a Tap Purchase Agreement, and other such
agreements (all of the above, reasonably acceptable to Developer and the District)
so as to accommodate water service to the Subdivision. The Developer shall make
no modifications to the approved plans and specifications without the prior
written approval of the District, which approval shall not be unreasonably
withheld, conditioned or delayed.
3.3 The Developer shall notify the District at least three (3) business days preceding
the date of commencing work involved on the Installations, or replacement of the
Installations, permitted hereunder. The District may inspect the Installations or
replacements during the construction thereof, as it deems necessary to protect its
interests. The right of the District to inspect the Installations or replacements shall
be solely for the benefit of the District and shall not be deemed to be a waiver by
the District to enforce the obligation of the Developer to construct the
Installations in accordance with the plans and shall not be deemed to estop the
District for the Developer's failure to install or properly design its Installations.
3.4 The Developer agrees that the construction permitted hereunder shall proceed
Page 2 of 10
with reasonable diligence from the initiation of such construction to its
completion. The construction by the Developer may be completed in two or more
phases as may be approved by the District, which approval shall not be
unreasonably withheld. The Installations shall be constructed in such a manner
so as not to interfere with the operations of existing facilities owned by the
District without the prior permission of, notification to and coordination with the
District.
3.5 Upon completion of the Installations, the Developer shall notify the District. The
District shall accept or reject Installations except that the District shall not be
required to accept or reject until and unless all fees billed have been paid pursuant
to Paragraph 6 below, and until all required easements have been dedicated. The
District shall not unreasonably withhold acceptance. The District shall be entitled
to test the Installations in accordance with District standards, specifications and
directives. Acceptance or rejection shall be in writing. If the Installations are
rejected, the District shall specify the reasons for rejection, and the Developer
shall correct same, and the above process shall be repeated. Any and all fencing
and other facilities appurtenant to the District's existing facilities shall be replaced
in a condition at least equal to the condition of such facilities and appurtenances
prior to construction.
3.6 The District's review and approval of the plans and specifications for the
Installations is solely for its benefit and creates no benefit or right in any other
party. The District's review and approval of the plans and specifications shall not
relieve the Developer or its agents or employees from its duty to properly design
and construct the Installations.
3.7 The Developer shall install permanent markers or indicators showing the location
of the Installations for the purpose of locating the Installations as required by the
Utility Notifications Center of Colorado (UNCC). These markers shall be
installed in accordance with the standards, specifications and directives of the
District. Additionally, a trace wire shall be installed along the entire length of the
Installations, and shall be installed in accordance with the District=s standards
and specifications.
3.8 The Developer shall be responsible, at its own expense, for obtaining any local,
state or federal permits or approvals necessary for constructing the Installations. It
is the Developer's obligation to investigate and determine the need for any such
permits or approvals. The Developer is responsible, at its own expense, for
obtaining all local, state and federal permits or approvals and for compliance with
all local, state and federal laws and regulations applicable to the construction of
the Installations, including but not limited to land use and environmental laws and
regulations, and specifically including the Endangered Species Act, prior to
beginning construction. The Developer shall indemnify the District for any and all
Page 3 of 10
costs, damages, fines and fees, including reasonable attorney=s fees incurred by
the District as a result of the Developer=s failure to obtain such required permits
or approvals or failure to comply with all applicable laws and regulations.
4. INSPECTION.
4.1 The District is permitted to inspect the Installations, or replacement and repairs of
the Installations during construction. Upon completion of the construction, the
District may inspect the Installations.
4.2 The District's right to inspect the Installations or replacement of the Installations
in no way relieves the Developer of its liability for improper design, construction
or maintenance. The District's inspection is solely for the benefit of the District
and creates no obligation to the District. Upon completion of the construction of
the Installations, the Developer shall provide the District with a complete set of
"As Built" plans, and a set of reproducible mylar "As Built" plans. In addition, the
Developer shall furnish the District with a set of "As Built" drawings on CD in an
AutoCAD format consistent with the version currently being used by the District.
5. OWNERSHIP AND GUARANTEE.
5.1 The Developer shall convey the potable water system improvements to the
District by means of a "Bill of Sale Agreement" at such time as construction is
complete and deemed acceptable by the District. This transfer shall take place
prior to formal acceptance by the District.
5.2 The Developer, its successors or assigns, shall be responsible for the repair of, or
any replacement of, the Installations until such time as the Installations are
conveyed to the District. Until the Installations are conveyed to the District, the
Developer shall provide the District with three (3) days advance notice of its
intent to replace any portion of the Installations. The District shall be entitled to
inspect and approve such replacement(s).
5.3 After the Installations are conveyed to the District, the District shall be
responsible for the maintenance, repair and replacement of the Installations. The
Developer shall guarantee the Installations as installed against faulty
workmanship and materials to the District for a period of one year after formal
acceptance by the District (the "Guarantee Period") and shall, during the
Guarantee Period, pay all costs and expense of repair or replacement of the
Installations. At the District's request, the Developer shall furnish the District
with a bond guaranteeing said repair or replacement.
6. REIMBURSEMENT OF EXPENSES.
Page 4of 10
6.1 The Developer agrees to reimburse the District for all reasonable inspection,
engineering, legal costs, and administrative fees incurred by the District in
preparing, approving and enforcing all aspects of this Agreement, the costs
associated with billing and collecting these amounts for the District and the costs
of inspection as described in Paragraph 4.
6.2 Statements for costs chargeable to the Developer hereunder will be forwarded to
the Developer and the same shall be paid to the District within 30 days after the
billing date. If payment has not been received by the District within 30 days,
Developer shall have breached this Agreement and District may institute legal
proceedings to collect the amount due and owing. In such proceeding, the District
shall be entitled to its costs and reasonable attorney's fees from the Developer.
7. EASEMENTS.
7A The Developer is responsible for obtaining and ensuring dedication to the District
all required easements to support the Installations in accordance with the
standards, specifications and reasonable directives of the District. Any use of such
easements by any third party for waterlines and/or appurtenances prior to the
Developer's completion of the Installations will require that such third party pay
reimbursement fees to the District, which will be paid to the Developer pursuant
to the terms of a mutually acceptable Line Extension, Participation and
Reimbursement Agreement to be entered into between the District and the
Developer. The Developer shall submit easement locations to the District for its
approval, which approval shall not be unreasonably withheld, conditioned or
delayed. Upon receipt of the easement locations, the District shall have reasonable
time (approximately 30 days) to review the easement locations for approval or
rejection. If written notice of approval is not given to the Developer within such
time period, the easement locations shall be deemed to be rejected; provided,
however, if the District rejects such easement locations, the District agrees to
provide to the Developer the reasons for such rejection. The Developer shall have
the right to resubmit amended easement locations for review. The District may
impose reasonable standards for protection of the District. This review process
shall continue until the easement locations are approved by the District or until
terminated by the Developer. Upon approval, the District and each property
owner granting an easement ("Grantor") shall execute a separate agreement; the
easement locations shall be attached and incorporated into said agreement as a
graphic exhibit and a legal description. Developer shall make no modifications to
the approved easement locations without the prior written approval of the District,
which approval shall not be unreasonably withheld, conditioned or delayed.
8. CONDITIONS.
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8.1 The Developer understands and acknowledges that the District provides treated
water through production at the District's treatment facility and a master meter
agreement with the Little Thompson Water District (Little Thompson). Therefore,
the District's ability to perform the terms of this Agreement is conditioned on the
District being able to provide sufficient treated water capacity through its own
off -site infrastructure, and/or obtain sufficient treated water capacity from Little
Thompson to support the number of RLE's contemplated by this Agreement. The
Developer also understands and acknowledges that any additional charges
imposed on the District by Little Thompson will be passed through to the
Developer. The Developer agrees that it will pay all such additional charges/fees.
8.2 Notwithstanding anything to the contrary contained herein, the Developer's
obligations under this Agreement are expressly conditioned upon the Developer's
obtaining the necessary entitlements for the property (including, without
limitation, a final plat for the Subdivision (the "Final Plat")), satisfactory to the
Developer in its sole discretion to allow for the Developer's planned residential
development of the property. In the event the conditions precedent above are not
timely satisfied, then this Agreement shall be deemed void ab initio and the
parties shall have no further obligations hereunder.
8.3 The potable water service to be furnished by the District pursuant to this
Agreement is conditioned upon the Developer installing an Irrigation System
approved by the District to provide irrigation within the Subdivision. The District
may elect to own and operate the Irrigation System, in which case Developer shall
convey the Irrigation System to the District by means of a "Bill of Sale
Agreement" at such time as construction is complete and deemed acceptable by
the District. This transfer shall take place prior to formal acceptance by the
District.
8.4 The Developer agrees to transfer a sufficient number of units of Colorado -Big
Thompson Project Water to the District to meet the District's requirements for the
potable water system. In addition, the Developer agrees to transfer sufficient
water rights to the District to meet the District's requirements for the Irrigation
System.
9. TERM. This Agreement shall be perpetual unless modified by mutual written
consent of the parties.
10. LIABILITIES AND INDEMNIFICATION.
10.1 The Developer agrees to indemnify and hold the District harmless from all claims
and liability for damage or injury to property or persons arising from or caused
directly or indirectly by the Developer's construction of the Installations.
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10.2 The Developer shall be responsible for calling UNCC for locates before
construction and repair work is done and shall hold the District harmless for any
damages and/or penalties for failing to do so.
10.3 The Developer warrants it will do nothing to adversely affect the existing
facilities owned by the District. In the event the Developer breaches this warranty,
the Developer shall take all actions necessary to repair the existing facilities to
their existing or better condition, as determined by the District. The Developer
shall indemnify and hold the District harmless for all costs, damages, fines and
fees, including reasonable attorney's fees, which are incurred by the District as a
result of any adverse changes to existing facilities owned by the District which
result in the water failing to meet water quality laws or regulations.
11. RECORDATION. Upon recordation of the Final Plat for , this
Agreement shall be recorded at the cost of the Developer and shall be binding on
any successors of the Parties. The obligations and benefits of this Agreement shall
specifically run with the land described in EXHIBIT A. The plans and
specifications for the Installations may not be recorded because of their size.
12. NOTICES. Any notice required or permitted by this Agreement shall be in
writing and shall be deemed to have been sufficiently given for all purposes if
sent by certified or registered mail, postage and fees prepaid, addressed to the
Party to whom such notice is intended to be given at the address set forth below,
or at such other address as has been previously furnished in writing to the other
Party. Such notice shall be deemed to have been given when deposited in the U.S.
Mail.
DISTRICT:
Longs Peak Water District
9875 Vermillion Road
Longmont, CO 80504
Attn: Gary Allen, General Manager
Telephone: (303) 776-3847
Facsimile: (303) 776-0198
DEVELOPER:
COPY TO:
Lyons, Gaddis & Kahn, P.C.
PO Box 978
Longmont, CO 80502-0978
Attn: Blair Dickhoner
Telephone: (303) 776-9900
Facsimile: (303) 776-9100
COPY TO:
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13. WAIVER OF BREACH. The waiver by any Party to this Agreement or a
breach of any term or provision of this Agreement shall not be construed as a waiver of
any subsequent breach by any Party.
14. EXHIBITS. All exhibits referred to in this Agreement are, by reference,
incorporated into this Agreement for all purposes.
15. ATTORNEYS' FEES. If either Party breaches this Agreement, the non -
prevailing Party shall pay all of the prevailing Party's reasonable attorneys' fees
and costs in enforcing this Agreement through litigation, arbitration or mediation.
16. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or
claim arising under or related to this Agreement, the Parties shall use their best
efforts to settle such dispute or claim through good faith negotiations with each
other. If such dispute or claim is not settled through negotiations within 30 days
after the earliest date on which one Party notifies the other Party in writing
of its desire to attempt to resolve such dispute or claim through negotiations, then
the Parties agree to attempt in good faith to settle such dispute or claim by
mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of
Denver, Colorado or, if JAG is no longer in existence, or if the Parties agree
otherwise, then under the auspices of a recognized established mediation service
within the State of Colorado. Such mediation shall be conducted within 60 days
following either Party's written request therefor. If such dispute or claim is
not settled through mediation, then either Party may initiate a civil action in
the District Court for Weld County.
17. BINDING EFFECT. This Agreement shall inure to the benefit of, and be
binding upon, the Parties, and their respective legal representatives, successors
and assigns.
18. ASSIGNMENT. This Agreement is assignable, provided written notice is given
to the other Party of the assignment. The District must approve any assignments
from Developer to a third party that does not have an ownership interest in the
property described in EXHIBIT A.
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Dated this day of , 2006.
LONG PEAK WATER DISTRICT (Developer)
By:
President
ATTEST:
Secretary
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By:
Title:
ATTEST:
STATE OF COLORADO
COUNTY OF BOULDER
)
)
)
ss.
The foregoing instrument was acknowledged before me this day of
, 20 by as President and by
, as Secretary, of Longs Peak Water District.
My commission expires:
Witness my hand and official seal.
STATE OF COLORADO )
)
COUNTY OF )
ss.
Notary Public
The foregoing instrument was acknowledged before me this day of , 20
by as and
by , as , of
My commission expires:
Witness my hand and official seal.
Page 10 of 10
Notary Public
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