HomeMy WebLinkAbout20151225.tiff 8000 South Lincoln Street, ir206 I ittleton, CO 80122
- Office: 1/20) 283-6783 I www.redland.com
Where Great Places Begin
August 19, 2014
Mr. Kim Ogle
Weld County Planning Department
1555 North 17th Avenue
Greeley, Colorado 80631
Re: Design of Utilities
Dear Kim:
To the best of my knowledge, information and belief, the utilities for this development have
been designed in accordance to the standards and specifications as set forth by the Little
Thompson Water District and the St. Vrain Sanitation District and the utility designs were
completed under my direct supervision.
$i erely, c,,,
Fred G. Tafoya Ill, P.E.
Principal
Amended and Restated Agreement for Water Extensions
This Amended and Restated Agreement for Water Extensions (the "Agreement"), made and
entered into effective this 12th day of February, 2015, by and between
LITTLE THOMPSON WATER DISTRICT, hereinafter called the "District" and
BAREFOOT, LLC, a Colorado limited liability company, hereinafter called "Customer" and
BROOKFIELD RESIDENTIAL (COLORADO), LLC, a Colorado limited liability company, is
upon the following terms and conditions, to-wit:
RECITALS
A. District and Carma (Colorado), Inc. previously entered into that certain Agreement for
Water Extensions dated April 7, 2005 and amended on October 14, 2010 and October 11 ,
2012 (the "Original Agreement");
B. Carma (Colorado), Inc. is now known as Brookfield Residential (Colorado), LLC Inc.
("BRP").
C. Barefoot, LLC ("Customer") is a subsidiary of BRP and is the owner of the Barefoot
Lakes Project in Weld County Colorado, more particularly described on Exhibit A,
attached hereto (the "Project" or the "Property")
D. The District and the City of Greeley, Colorado ("Greeley") are parties to an
Intergovernmental Agreement for Lease of Twelve Windy Gap Units, With Option to
Purchase, dated April 7, 2005, as amended on Jun 1 , 2009, January 1 , 2012, September 4,
2012 and February 13, 2014 (the "Windy Gap Agreement");
E. Pursuant to the Windy Gap Agreement, the District anticipates closing on the purchase of
the Twelve Windy Gap Units in the first quarter of 2015;
F. Customer's plans for development of the Project have changed since the date of the
Original Agreement and District and Customer now desire to amend and restate the
Original Agreement to address those changes. District and Customer anticipate further
modification of this Agreement as Customer finalizes its plans for development of the
Project;
IN CONSIDERATION of the mutual promises and agreements set forth herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
District and Customer hereby amend and restate the Original Agreement as follows:
AGREEMENT
1 . The District is organized as a special district under laws of the State of Colorado serving
treated water within the District as may now be established, or as hereinafter established.
The Customer is either a taxpaying elector within the District, or desires to receive water
service and to join the District.
2. The Customer desires to obtain water service for the "Property" described in this
Agreement. Such service shall be subject to the terms of this Agreement and the attached
Addendum A.
3. The Customer shall pay for and provide all water mains either within or without the
boundaries of the District in order to provide water service to the Property; but the
District may construct said mains, or the District may approve construction by the
Customer, or the Customer's contractor upon terms approved by the District.
A. The District must approve such construction by the Customer, or the Customer's
contractor by a written agreement providing for the terms of such installation,
including requirements that the materials used shall meet all standards of the
District and that provides for inspection by the District of the construction of
such water mains. The cost of all construction shall be paid by the Customer to
the District.
B. A deposit in the amount hereinafter provided shall be paid by the Customer to the
District as an advance towards the construction cost of the District for such
installation. After completion of all construction and acceptance by the District, a
final adjustment of costs will be made, if necessary. In the event that it is
determined that the deposit is insufficient to cover the estimated cost of
construction, then the Customer shall pay to the District, on demand, additional
advances towards the cost of construction.
c. If the installation is constructed by the Customer, or the Customer's contractor,
the Customer shall transfer all right, title and interest in and to the facilities
installed as well as all easements and appurtenances and other necessary property
rights to the District by good and sufficient assignment or bill of sale or general
warranty deed. Such transfer shall be made free and clear of all liens and
encumbrances, and the Customer shall furnish sufficient evidence of title or a
"Form 100" title policy if required by the District. The Customer shall furnish
mechanic's lien releases or a good and sufficient performance and payment bond
pursuant to the Colorado Mechanic's Lien Law in order to insure that all
construction costs have been paid in full. All labor and materials shall be
warranted for defects of any kind by Customer and Customer's contractor for one
year from the date of acceptance of such facilities by the written acceptance of
such facilities. The District, upon receipt of the documents of transfer and
evidence of title, shall consider whether to accept or reject the installation. If the
Customer has complied with this Agreement and all other conditions precedent to
the acceptance of the facilities, the District shall approve and accept the transfer
and shall thereafter assume operation and maintenance of the lines. In no event
shall the District assume ownership, operation or maintenance of any installation
on the service side of the metering installation for the Property.
4. The District will provide service in accordance with its Rules and Regulations and line
extension policies as now adopted or as may be hereafter adopted by the District. Except
20150212.1 LTWD Agreement for Water Extensions
as provided in Addendum A, the Customer shall commence payment of established rates
of the District, including minimum fees, on the date of installation of a tap and water is
available for use at the tap.
5. The District, pursuant to the terms of this Agreement, will only be obligated to serve the
tap size shown on this Agreement.
6. The terms of this Agreement shall apply to the Property described herein, and the taps
hereinafter provided may be used only upon said Property. The parties hereto agree that
this Agreement shall be treated as personal property and not real property.
7. The Customer shall provide the District with an accurate copy of the final plat of the
Property to be sewed by the District. If the plat must be approved by the County
Commissioners, then a recorded copy of the plat with the Clerk and Recorder of the
Colorado County in which the development is situated must be provided to the District.
8. Customer hereby grants to the District the right to enter upon the Property to construct,
operate and maintain the facilities herein described, together with the full right of ingress
and egress, and to cut and trim trees and shrubbery to the extent reasonably necessary.
The Customer shall obtain and convey to the District all easements required by the
District, and the District shall not be responsible for any delay in providing service in the
event of failure to provide such easements.
9. [INTENTIONALLY DELETED]
10. In the event the District installs the facilities, the District shall install the facilities
described herein in accordance with good engineering practice after the Customer has
established property lines, cut streets, alleys and easements to final grade and prior to the
paving of streets, and the construction of curbs and gutters. The Customer shall reimburse
the District for any expense due to subsequent changes by the Customer.
11 . Except as provided in Addendum A water service shall be provided to Customers located
within the Property at the District's applicable rates, and upon terms and conditions now
in effect or at the rates and under the terms and conditions as may be hereafter be adopted
by the District and upon the Rules and Regulations as now established or as may
hereafter be established by the District. No water service may be obtained except upon
property included within the boundaries of the District. Customer agrees that no other
person shall be permitted to use water provided by the taps herein described.
12. [INTENTIONALLY DELETED]
13. In order to off set the cost of water to supply the Property herein described, the Customer
may sell or transfer to the District any and all water rights as accepted pursuant to
current District Rules and Regulations. Such water rights may include Northern Colorado
Water Conservancy District, Windy Gap units of the Municipal Subdistrict of the
Northern Colorado Water Conservancy District, and native water rights. Customer shall
not receive cash for such water rights transferred to the District, but the total value of
such water rights as herein stated shall be applied to the tap price established by the
District upon the date of installation of each such tap.
20150212.1 LTWD Agreement for Water Extensions 3
14. The District agrees to allow installation of the number of taps as set forth in the
Commitment Letter, attached hereto as Exhibit B, within the Property described below.
No taps will be served by the District until all of the terms and conditions of this
Agreement have been fulfilled by the Customer, including transfer of the above-described
water rights. . The taps may not be used on any property other than that described herein
without the express prior written consent of the District to such transfer. Any such
transfer shall be made to property owned by the Customer, and such property, and the
Customer, shall meet all rules, regulations and requirements of the District in order to
achieve a requested transfer. Any right to receive a tap option or water rights credit under
this Agreement, whether upon the below described Property, or at any other place shall
expire and become null and void 20 years from the date of this Agreement. Customer
may not encumber, mortgage or collaterally assign the taps without the prior written
consent of the District thereto, which shall not be unreasonably withheld, conditioned or
delayed. In all other respects the taps or water rights credit shall be treated as personal
property.
15 . Rebates will be paid in accordance with Addendum A.
16. Except as provided in Addendum A, the Customer agrees to abide by all rates established
and Rules and Regulations of the District as now established or as may hereafter be
established by the District. District shall not be liable for any injury or damage for failure
to deliver water for any reason including but not limited to war, riot, insurrection, Act of
God, or breaks or failure of the water system.
17. No agent or representative of the District has the power to amend, modify, alter or waive
any provisions of this Agreement. Any promises, agreements, or representations made by
any agent or representative of the District not herein set forth shall be void and of no
further force and effect.
18. The Customer understands and agrees that all amounts due under the terms of this
Agreement, as well as all fees, rates, tolls, penalties, or charges for services, programs, or
facilities furnished by the District constitute a perpetual lien on the Property herein
described, and that such lien may be foreclosed in the same manner as provided by the
laws of the State of Colorado for the foreclosure of mechanic's liens. §32-1 -1001 (1)(j),
C.R.S. 2002. In the event Customer fails to abide by any of the terms or conditions of this
Agreement, Customer agrees to pay all costs and expenses incurred by the District as a
result of the breach including direct and consequential damages, loss of revenue,
attorneys fees, court costs, expert witness fees and other expenses.
19. This Agreement shall be binding upon and inure to the benefit of the heirs, personal
representatives, successors and assigns of the parties hereto. Except as provided herein,
the Customer may not assign all or any part of any interest in the Agreement to any
person.
20150212.1 LTWD Agreement for Water Extensions 4
20. Ratification. Notwithstanding any lapse in time or performance pursuant to the Original
Agreement, Customer and District hereby ratify and affirm the Original Agreement and
fully amend and restate the Original Agreement as provided herein and all benefits and
obligations of this Agreement remain in full force and effect.
SEE ATTACHED ADDENDUM A, SCHEDULE(S) AND EXHIBIT(S) FOR
ADDITIONAL PROVISIONS,
IN WITNESS WHEREOF, the parties hereto have set their signatures the day and year first
above written.
LITTLE THOMPSON WATER BAREFOOT, LLC.
DISTRICT
By By
Ratified by LTWD Board of Directors on:
BROOKFIELD RESIDENTIAL
(COLORADO), LLC
By mot/
(7---/
JILL BEDORE
NOTARY PUBLIC
STATE OF COLORADO ) STATE OF COLORADO
NOTARY ID 20144015866
) SS. MY COMMISSION EXPIRES APRIL 11, 2018
COUNTY OF )
Subscribed and sworn to before me this t day of ceirtkeLll , 2015, by 13 o h 2 Wain tat--
Witness my hand and official seal. r
My Commission expires '� g .
Notary Public
20150212.1 LTWD Apc ucnt for Waur Estatsions 5
20. Ratification. Notwithstanding any lapse in time or performance pursuant to the Original
Agreement, Customer and District hereby ratify and affirm the Original Agreement and
fully amend and restate the Original Agreement as provided herein and all benefits and
obligations of this Agreement remain in full force and effect.
SEE ATTACHED ADDENDUM A, SCHEDULE(S) AND EXHIBIT(S) FOR
ADDITIONAL PROVISIONS,
IN WITNESS WHEREOF, the parties hereto have set their signatures the day and year first
above written.
LITTLE THOMPSON WATER BAREFOOT, LLC.
DISTRICT
By 1/t1 Cl B
By
Ratified by UNVD Board of Directors on:
BROOKFIELD RESIDENTIAL
(_. L% / 2 '2-0/ 5- (COLORADO), LLC
By
STATE OF COLORADO )
) SS.
COUNTY OF )
Subscribed and sworn to before me this day of , 2015, by
Witness my hand and official seal.
My Commission expires
Notary Public
20150212 I LTWD Agreement for Water Gst�nwat, 5
ADDENDUM A TO AM ENDED AND RESTATED
AGREEM ENT FOR WATER EXTENSIONS
This Addendum A ("Addendum") is dated effective as of the 12th day of February, 2015 and
attached to and incorporated into that certain Amended and Restated Agreement for Water
Extensions (the "Agreement") by and between Little Thompson Water District ("District"),
Brookfield Residential (Colorado), LLC and Barefoot, LLC, a Colorado limited liability
company ("Customer").
1 . Construction Requirement of Off-Site Facilities.
1 . 1 Customer shall pay 100% of the costs and expenses of all water facilities within
the Property (the "Property" is legally described in the Agreement) and for all off-
site water transmission lines serving the Property, specifically, but not limited to,
100% of the costs and expenses of the planned 24-inch diameter transmission line
required to serve the Property. All of the off-site improvements, including but not
limited to the 24-inch water line, shall be in operation by the District prior to sale
of the first tap after the 1 ,200th SFE service tap for the Property. No water taps
shall be sold by the District on the Property without full compliance with the
Agreement by the Customer.
1 .2 Notwithstanding the provisions of Paragraph 3A of the Agreement, Customer
shall only pay the District for any construction actually performed by the District;
and all construction of water facilities by Customer shall be in accordance with
the District's rules, regulations and policies in effect at the time of construction of
the facilities. Customer shall promptly pay any and all contractors and
subcontractors that Customer hires to perform any and all construction that has
been previously approved by the District as set forth in Paragraph 3A above.
1 .3 Notwithstanding the provisions of Paragraph 12 of the Agreement, Customer shall
construct all water mains in a timely manner as plats are approved by Weld
County. The Customer shall comply with the rules, regulations and policies of the
District in effect from time to time during this time; and Customer specifically
agrees that the District may promulgate new or alter such rules, regulations and
policies of the District at any time and such new or altered rules, regulations and
policies of the District.
2. Rebates and Reimbursement of Portion of Cost of Water Lines.
2. 1 Customer shall be entitled to certain rebates and reimbursement of certain costs
associated with constructing, as well as oversizing the planned water transmission
line that will provide water service to Customer's Property from an 18 inch to 24-
inch line in accordance with District rules, regulations and policies in effect at the
time of acceptance of the water line by the District.
2.2 Based upon the capacity of the 24-inch water line extension, additional water
mains may be connected to the 24-inch line in order to provide water service
outside of the Property. To be eligible for any rebates or oversizing
reimbursement by District, Customer shall bid the 24-inch water line extension
project for both an 18 inch and a 24-inch water line improvement prior to
construction of the water line.
2.2. 1 Rebate Amounts. District will collect rebates for Customer on the 24-inch
water line at a rate of 20% of the 18-inch line cost for each future
connection. However, any rebates as provided in this paragraph shall
otherwise be made in accordance with District rules, regulations and
policies in effect at the time of such future connection to the 24-inch water
line and the total amount of any rebates shall not exceed the total cost of
the 18-inch water line.
2.2.2 24-Inch Water Line Reimbursement Amounts. Oversizing Reimbursement
Fees will be collected by the District in an amount not greater than the
total oversizing reimbursement amount. The oversizing reimbursement
amount shall be the difference in bid price from the lowest responsible
bidder for construction of the 18 inch and 24-inch water line. District will
reimburse Customer for 100% of the oversizing reimbursement amount
through collection of tap fees for the Property. District will pay Customer
$ 1 ,000.00 for each tap sold within the Property up to the total oversizing
reimbursement amount. District shall pay Customer the Oversizing
Reimbursement Fees actually collected by the District on a calendar
quarter basis.
2.3 Except as otherwise provided herein, additional reimbursement amounts, if any,
shall be determined according to District rules, regulations and policy, and all
other provisions of the District's rules, regulations and policies shall apply to the
reimbursement for the 24-inch water line project.
2.4 Notwithstanding the provisions of Paragraph 15 of the Agreement set forth above,
rebates, if any, will be made for a total period of 15 years from the date of
acceptance of the water lines constructed for Customer's Barefoot Lakes
Development project. Except as otherwise provided in this Paragraph, nothing
herein shall change, modify or amend Paragraph 15 of the Agreement and nothing
herein shall change, modify or amend District Rules and Regulations.
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20150212.1 ADDENDUM A TO A&R AGMT FOR WTR EXT
3. Raw Water Contribution Requirement. The District currently has in its rules,
regulations and policies a requirement for contribution of raw water to the District for the
purchase of water taps from the District. The water dedications outlined in Paragraph 3. 1
below shall satisfy the Raw Water Contribution component of the District's requirements
for the equivalent of one single-family residential unit (SFE) in the Project for every 0.35
acre feet of water. Upon delivery of the raw water by Customer to District, District will
provide a letter certifying the number of SFE equivalents based upon the water dedicated
for Customer's Barefoot Lakes Development project. If any additional raw water is
delivered to District in the future, District will provide a similar letter at that time. It is
anticipated that the rules, regulations and policies of the District will change during the
term of the Agreement; and the Customer agrees to comply with the rules, regulations
and policies in effect at the time of application for a water tap from the District.
3. 1 Windy Gap Water.
3. 1 . 1 The District and the City of Greeley, Colorado (hereinafter "Greeley") are
parties to the "Intergovernmental Agreement for Lease of Twelve Windy
Gap Units, With Option to Purchase, dated April 7, 2007, and amended on
November 2, 2010 and October 11 , 2012 ("Windy Gap Agreement").
Pursuant to the Windy Gap Agreement, the District leases Twelve Windy
Gap Units and owns an option to purchase the Twelve Windy Gap Units.
The District anticipates closing on the purchase of the Twelve Windy Gap
Units in the first quarter of 2015. The District shall use its best efforts to
timely complete the transaction with the City of Greeley,
3. 1 .2 The Agreement, except for the provisions of Paragraph 5. 10 of this
Addendum A, is conditioned upon the execution, approval and closing of
the Windy Gap Agreement transaction between District and Greeley. In
the event such transaction fails to take place due to direct or indirect action
of Customer, the Agreement, except for the provisions of Paragraph 4. 10
of this Addendum, shall be null and void. In the event that after the Windy
Gap Agreement becomes effective, the Windy Gap Agreement becomes in
default by the District due to direct or indirect action of Customer, then
this Agreement shall be terminated on the date the Windy Gap Agreement
becomes terminated unless Customer, pursuant to District Rules and
Regulations then in effect, provides alternate water supplies, such as those
provided in Paragraph 3.2 and 3.3 of this Addendum, satisfactory to meet
the Project demands. Customer shall indemnify and hold the District
harmless from any and all costs and expenses incurred by the District
under the terms of the Windy Gap Agreement, including but not limited to
all payments due from the District to Greeley, all payments due from the
District to the Municipal Subdistrict of the Northern Colorado Water
Conservancy District, all payments due from the District to the Northern
Colorado Water Conservancy District, all damages, losses, and claims of
whatsoever nature or kind, arising out of or as a result of any act or failure
to act, whether or not negligent, in connection with the Windy Gap
Agreement by Customer, its employees, agents and contractors. Customer
3
20150212.1 ADDENDUM A TO A&R AGMT FOR WTR EXT
agrees to defend and pay all costs in defending these claims, including
attorney fees.
3. 1 .3 Pursuant to the Windy Gap Agreement, the District is required to pay
certain sums for various costs and expenses, including, but not limited to,
Total Annual Assessments, past, current and future Firming Project costs,
and purchase price of the Twelve Windy Gap Units should the District
exercise its option to purchase ("Acquisition and Firming Costs"). The
specific presently-known costs and expenses are set forth in a spreadsheet
maintained by the Municipal Subdistrict of the Northern Colorado Water
Conservancy District setting forth the Projected Cash Flow and Project
Cost Estimates relating to the firming of the Windy Gap project (the
"Projected Costs"). A copy of the most recent spreadsheet of Projected
Costs it attached hereto as Exhibit C. Customer shall timely pay District
for all financial obligations of the District under the Windy Gap
Agreement as contemplated by the Projected Costs, as may be amended
from time to time, prior to the time that any payment by the District to any
other person under the Windy Gap Agreement is due, unless otherwise
requested by the District. Specifically, Customer shall pay to District the
Total Annual Assessments no later than February 1st of each year,
provided, however, that the 2015 Total Annual Assessments shall be paid
by the District and reimbursed by Customer upon request by the District.
Customer shall pay all additional costs and expenses, including past,
current and future Firming Project costs and the purchase price of the
Twelve Windy Gap Units within thirty days of receipt of notice from the
District. Such notice shall include the amount or amounts due. Upon
written request by Customer, District agrees to provide Customer with
copies of receipts for payments made to Greeley or the Municipal
Subdistrict of the Northern Colorado Water Conservancy District solely in
relation to Windy Gap and/or Windy Gap Firming Project expenses
related to Customer's Barefoot Lakes Development project.
3 . 1 .4 The Windy Gap Units obtained from Greeley are part of the Windy Gap
Finning Project ("Firming Project") as described in the Windy Gap
Agreement. The Parties agree that the Windy Gap Units shall be assumed
to deliver 40 acre-feet of water (unfirmed) per Unit prior to completion of
the Firming Project and shall be assumed to deliver 100 acre-feet (finned)
of water per Unit subsequent to completion of the Firming Project. Until
the Firming Project is complete and the District's storage component in
the Firming Project is filled, the Windy Gap Units shall not exceed
480 acre-feet for firm annual yield at any time ( 12 WG Units x 40
acre-feet). The Windy Gap Units shall convert from unfirmed to
firmed status on September 30th of each year based upon the
percentage of the District's storage component of the Firming Project
that is filled as of that date. In accordance with Section 3 , above,
upon the closing of the purchase of the Twelve Windy Gap Units, the
District shall be deemed to have certified 1 ,371 SFEs for the Barefoot
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20150212.1 ADDENDUM A TO A&R AGMT FOR WTR EXT
Lakes project and upon firming of the Windy Gap Units the District
shall be deemed to have certified 3,428 SFEs.
3.2 Northern Colorado Water Conservancy District Units. Customer is the owner or
contract purchaser of certain Units of the Colorado Big Thompson project as
administered by the Northern Colorado Water Conservancy District (CBT Units).
Customer may transfer CBT Units in satisfaction of its raw water dedication
requirements for the Project. The Parties agree that the CBT Units shall be
deemed to deliver 0.5 acre-feet of water per Unit.
3.3 Other Water Rights. Customer is the owner or contract purchaser of certain other
water rights appurtenant to the Property. Such additional water rights shall be
retained by the Customer; and the Customer may transfer such water rights to the
District for use in satisfaction of the District's requirements for purchase of water
taps, pursuant to District rules, regulations and policies then in effect, or for use in
a raw water irrigation system serving the Project.
3.4 Water Tap Purchase. Customer shall be entitled to purchase water taps from
District on an individual basis and shall not be required to purchase taps in any
higher quantities.
3.5 Water Quantity. The actual water rights dedication requirement of the Project
shall be based upon delivery and demand studies prepared, at the Customer's
expense, by the District or by a third party mutually acceptable to the Customer
and the District (the "Water Quantity Study"). Such study or studies shall be
prepared at Customer's discretion, but the first study shall be no sooner than three
years after the Customer has purchased at least 250 taps from District for the
Barefoot Lakes project. Customer or the District may request an update to the
Water Quantity Study, in their reasonable discretion. In the event that such
studies determine that the Project will require more water than is set forth in
Paragraph 3 of this Addendum, the Raw Water SFE shall be increased for taps
issued after the date of such determination. In the event that the studies determine
that the water rights set forth in Paragraph 3 of this Addendum are in excess of
those required by the Project, Customer shall, to the extent practical and in
relation to taps issued after the date of such determination, be entitled to a return
of such excess water for transfer elsewhere within the District, a reduction in the
Raw Water SFE requirement or to a credit against other District fees.
3.6 Reuse of Project Consumable Water. Reusable water, if any, within Customer's
Barefoot Lakes Development project shall be dedicated first and foremost for the
benefit and use in the Project.
5
20150212.1 ADDENDUM A TO A&R AGMT FOR WTR EXT
4. Project Financing. Customer is to provide the Raw Water Contribution in accordance
with this Agreement and to fund all Acquisition and Firming Costs as provide herein.
District acknowledges Customer's desire to explore a variety of options for funding suchs
costs and Customer and District agree to work cooperatively in an effort to structure a
mutually beneficial structure for financing the Acquisition and Firming Costs. Such
efforts may include, but not be limited to: (i) District issuing bonds to finance such costs,
secured by a tap purchase commitment from Customer; (ii) Customer and District
pursuing financing of such costs through the Municipal Subdistrict or through a water
authority established for the purpose of financing such costs; and (iii) the costs being
funded by the Customer, directly or through financing mechanism not directly involving
the District. Notwithstanding the District's commitment to explore these financing
alternatives, it remains the obligation of the Customer to provide the Raw Water
Contribution in accordance with this Agreement and District shall have no obligation to
enter into any such financing arrangement unless the District determines that it is in its
interest to do so.
5. Miscellaneous.
5. 1 Notice. Any notice, demand, consent, authorization or other communication
(collectively, "Notice") which either party is required or may desire to give to or
make upon the other party pursuant to this Agreement shall be effective and valid
only if in writing, signed by the party giving such Notice, and delivered
personally to the other party or sent by express-courier or delivery service or by
registered or certified mail of the United States Postal Service, return receipt
requested, postage or delivery charge prepaid, addressed to the other party as
follows (or to such other address or person as either party to person entitled to
Notice may be notice to the other specify):
To District:
Little Thompson Water District
Attention: District Manager
835 East Highway 56
Berthoud, CO 80513
and
Starr and Westbrook, P.C.
210 E. 29th Street
Loveland, CO 80539
To Customer:
Barefoot, LLC
6465 S. Greenwood Plaza Blvd, Suite 700
Centennial, CO 80111
and
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20150212.1 ADDENDUM A TO A&R AGMT FOR WTR EXT
Lyons Gaddis Kahn Hall
Jeffers Dworak & Grant, P.C.
515 Kimbark Street, 2nd Floor
P. O. Box 978
Longmont, CO 80502-0978
Unless otherwise specified, Notices shall be deemed given when received, but if delivery is not
accepted, on the earlier of the date delivery is refused or the third day after the same is deposited
with the United States Postal Service.
5.2 Assignment. The Agreement and any rights thereunder shall not be assigned, sold,
hypothecated, pledged or otherwise transferred by Customer in whole or in part,
without the prior consent of the District, which consent shall not be unreasonably
withheld. No assignment shall be made to any person or entity that does not own
the Property.
5.3 Binding on Successors. The Agreement shall run with the land included within
the Project and shall inure to the benefit of and be binding upon the successors
and assigns of the parties hereto.
5.4 Amendment. The Agreement may not be modified, discharged or changed in any
respect whatsoever, except by a further agreement in writing duly executed by
District and Customer.
5.5 Choice of Law; Venue. The Agreement shall be construed and enforced in
accordance with the laws of the State of Colorado. Venue for all actions regarding
this Agreement shall be in Weld County, Colorado.
5.6 Entire Agreement. The Agreement supersedes all prior agreements, written or
oral, and contains the entire agreement between the Parties. No statement,
representation, or promise made by either party or the agent of either party that is
not contained in the Agreement shall be valid or binding.
5.7 Time of Essence. Time is of the essence of the Agreement.
5.8 Other Documents. The Customer agrees to execute any additional documents
required by the District and to take any additional action necessary to carry out
this Agreement.
5 .9 Nonwaiver of Immunity. The Agreement shall not be construed to waive any of
the privileges or immunities the District or its officers, employees, successors and
assigns are lawfully entitled to present pursuant to law, including but not limited
to the Colorado Governmental Immunity Act, §24-10-101 et seq., as amended,
and any other privilege or immunity of the District.
5 . 10 Reimbursement to District. Customer shall reimburse District for all of its
attorney fees, engineering fees, and all costs in the negotiation and completion of
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20150212.1 ADDENDUM A TO A&R AGMT FOR WTR EXT
this Amended and Restated Agreement. The reimbursement for said fees shall not
exceed $5,000.
5 .11 Interpretation. The terns of this Addendum are made a part of the Agreement as
if fully set forth therein. In the event of a conflict or ambiguity between this
Addendum and the Agreement, the terms of this Addendum shall control. The
policies, rules and regulations of the District in force from time to time shall
supersede any provisions of the Agreement and Addendum.
5 .12 Lien. Customer acknowledges and agrees that all fees, rates, tolls, penalties, or
charges due by Customer and its successors and assigns and all tap holders under
the Agreement and all amounts due under the rules, regulations and policies of the
District shall constitute a perpetual first and prior lien on and against the Property.
Any such lien may be foreclosed in the same manner as provided by the laws of
this state for the foreclosure of mechanics' liens.
IN WITNESS WHEREOF, the parties hereto have set their signatures to this Addendum as of
the date first set forth above.
LITTLE THOMPSON WATER DISTRICT BAREFOOT, LLC.
By: By: `1/
Name: ' azne: /C-
Title: Title:
Ratified by LTWD Board of Directors on:
BROOKFIELD RESIDENTIAL
(COLORADO), LLC.c By:
me: /3 A/et/gm'
&A & �1 c�tfttc —
Title: /fte„ierr
8
20150212.1 ADDENDUM A TO A&R AGMT FOR WTR EXT
this Amended and Restated Agreement. The reimbursement for said fees shall not
exceed $5,000.
5 . 11 Interpretation. The terms of this Addendum are made a part of the Agreement as
if fully set forth therein. In the event of a conflict or ambiguity between this
Addendum and the Agreement, the terms of this Addendum shall control . The
policies, rules and regulations of the District in force from time to time shall
supersede any provisions of the Agreement and Addendum.
5 . 12 Lien. Customer acknowledges and agrees that all fees, rates, tolls, penalties, or
charges due by Customer and its successors and assigns and all tap holders under
the Agreement and all amounts due under the rules, regulations and policies of the
District shall constitute a perpetual first and prior lien on and against the Property.
Any such lien may be foreclosed in the same manner as provided by the laws of
this state for the foreclosure of mechanics' liens.
IN WITNESS WHEREOF, the parties hereto have set their signatures to this Addendum as of
the date first set forth above.
LITTLE THOMPSON WATER DISTRICT BAREFOOT, LLC.
By: .-- 2 B
By:
Name: t tJ
( ftM •e c� manic/ Name:
Title: %)reA e Title:
Ratified by LTWD Board of Directors on:
BROOKFIELD RESIDENTIAL
CU 6 / �l— 2 0/ (COLORADO), LLC.
By:
Name:
Title:
8
20150212.1 ADDENDUM A TO A&R AGMT FOR WTR EXT
EXHIBIT A
[LEGAL DESCRIPTION ATTACHED]
20150212.1 LTWD Agreement for Water Extensions 7
BAREFOOT LAKES IGA
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN SECTIONS 25, 35 AND 36, TOWNSHIP 3 NORTH , RANGE 68
WEST OF THE SIXTH PRINCIPAL MERIDIAN , COUNTY OF WELD, STATE OF COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25 AND CONSIDERING THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 TO BEAR SOUTH 00° 19' 19"
EAST, A DISTANCE OF 2647.60 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE
THERETO;
THENCE ALONG SAID EAST LINE OF THE NORTHEAST QUARTER, SOUTH 00° 19'19" EAST, A
DISTANCE OF 92.60 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE
HIGHWAY 66 AS DESCRIBED IN BOOK 1491 , AT PAGE 511 OF THE RECORDS OF THE WELD
COUNTY CLERK AND RECORDER'S OFFICE AND THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID EAST LINE, SOUTH 00° 19'19" EAST, A DISTANCE OF 2555.00
FEET TO THE EAST QUARTER CORNER OF SAID SECTION 25, SAID POINT ALSO BEING THE
NORTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER
1606745, IN SAID RECORDS;
THENCE ALONG THE BOUNDARIES OF SAID PARCEL OF LAND THE FOLLOWING THREE (3)
COURSES;
1 . SOUTH 88°45'03" WEST, ALONG THE NORTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 25, A DISTANCE OF 514.00 FEET;
2. SOUTH 00°25'49" EAST, A DISTANCE OF 450.00 FEET;
3. NORTH 88°45'03" EAST, A DISTANCE OF 514.00 FEET TO A POINT ON
THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25;
THENCE ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER, SOUTH 00°25'49" EAST, A
DISTANCE OF 2203.83 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25;
THENCE ALONG THE EAST LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID
SECTION 36, SOUTH 00° 14' 19" EAST, A DISTANCE OF 1325.57 FEET TO THE NORTHEAST
SIXTEENTH CORNER OF SAID SECTION 36;
THENCE ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
SAID SECTION 36, SOUTH 88°29'41 " WEST, A DISTANCE OF 2632.27 FEET TO THE CENTER
NORTH SIXTEENTH CORNER OF SAID SECTION 36;
THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 36, SOUTH 00° 19'03" EAST, A DISTANCE OF 1326.34 FEET TO THE
CENTER QUARTER CORNER OF SAID SECTION 36;
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 36, SOUTH 88°29'44" WEST, A DISTANCE OF 1323. 13 FEET TO THE
CENTER WEST SIXTEENTH CORNER OF SAID SECTION 36;
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THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 36, SOUTH 00° 17'20" EAST, A DISTANCE OF 1335. 11 FEET TO THE
SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 36;
THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 36, SOUTH 88°21 '56" WEST, A DISTANCE OF 1323.94 FEET TO THE
SOUTH SIXTEENTH CORNER OF SAID SECTION 35;
THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 35, SOUTH 89° 15'43" WEST, A DISTANCE OF 522.99 FEET TO THE
NORTHEAST CORNER OF SUBDIVISION EXEMPTION NO. 741 AS RECORDED AT RECEPTION
NUMBER 2669206, IN SAID RECORDS;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID SUBDIVISION EXEMPTION NO. 741 THE
FOLLOWING TWO (2) COURSES:
1 . SOUTH 72°40'05" WEST, A DISTANCE OF 825.83 FEET;
2. SOUTH 66°34'28" WEST, A DISTANCE OF 1420.78 FEET TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35;
THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 35, NORTH 00°42'02" WEST, A DISTANCE OF 21 .71 FEET TO THE
NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 2261418, IN
SAID RECORDS;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND, SOUTH 77°43'35" WEST, A
DISTANCE OF 2395.38 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25 AS
DESCRIBED AT RECEPTION NUMBER 3019961 , IN SAID RECORDS;
THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE 25 THE FOLLOWING
SEVEN (7) COURSES:
1 . NORTH 00°01 ' 11 " WEST, A DISTANCE OF 119.70 FEET;
2. SOUTH 89°58'49" WEST, A DISTANCE OF 114.82 FEET;
3. NORTH 00°01 ' 11 " WEST, A DISTANCE OF 186.21 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 3,379.26 FEET;
4. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06° 12'52", AN ARC
LENGTH OF 366.52 FEET;
5. TANGENT TO SAID CURVE, NORTH 06° 14'03" WEST, A DISTANCE OF 601 .98 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3, 182.41
FEET;
6. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 11 '20", AN ARC
LENGTH OF 288.21 FEET;
7. TANGENT TO SAID CURVE, NORTH 01 °04'25" WEST, A DISTANCE OF 463.45 FEET;
THENCE SOUTH 88°45'13" EAST, A DISTANCE OF 82.35 FEET;
THENCE NORTH 00° 11 '21 " WEST, A DISTANCE OF 379. 15 FEET;
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Page 2 of 7
THENCE NORTH 88°08'57" EAST, A DISTANCE OF 185.82 FEET;
THENCE NORTH 00°57'37" WEST, A DISTANCE OF 172.01 FEET;
THENCE NORTH 82°52'03" EAST, A DISTANCE OF 590.67 FEET;
THENCE NORTH 04° 18' 10" WEST, A DISTANCE OF 264. 11 FEET;
THENCE NORTH 89°31 '37" EAST, A DISTANCE OF 1708. 18 FEET TO A POINT ON THE WEST LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 35;
THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, NORTH
00°42'02" WEST, A DISTANCE OF 2357.64 FEET TO THE NORTH QUARTER CORNER OF SAID
SECTION 35;
THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, NORTH
89° 16'34" EAST, A DISTANCE OF 2655.85 FEET TO THE SOUTHWEST CORNER OF SAID SECTION
25;
THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25, NORTH
00° 12'43" WEST, A DISTANCE OF 2654.50 FEET TO THE WEST QUARTER CORNER OF SAID
SECTION 25;
THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25, NORTH
00° 13'07" WEST, A DISTANCE OF 518.80 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF
LOT A, RECORDED EXEMPTION NO. 1207-25-2 RE-4103 AS RECORDED UNDER RECEPTION NO.
3303561 , IN SAID RECORDS;
THENCE ALONG THE SOUTHERLY, EASTERLY AND NORTHERLY BOUDNARIES OF SAID LOT A
THE FOLLOWING THREE (3) COURSES:
1 . NORTH 88°54'53" EAST, A DISTANCE OF 480.00 FEET;
2. NORTH 23°22'49" EAST, A DISTANCE OF 274.74 FEET;
3. SOUTH 88°54'53" WEST, A DISTANCE OF 590.00 FEET TO A POINT ON THE WEST LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 25;
THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25, NORTH
00° 13'07" WEST, A DISTANCE OF 1795.74 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF
STATE HIGHWAY 66 AS DESCRIBED IN BOOK 1491 AT PAGE 509, IN SAID RECORDS;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES:
1 . NORTH 88°49'38" EAST, A DISTANCE OF 30.00 FEET;
2. NORTH 43°50'07" EAST, A DISTANCE OF 70.70 FEET;
3. NORTH 88°49'43" EAST, A DISTANCE OF 1245. 14 FEET TO THE NORTHWEST CORNER OF
LOT A, RECORDED EXEMPTION NUMBER 1207-25-2-RE1450 AS RECORDED UNDER
RECEPTION NO. 2305632, IN SAID RECORDS;
THENCE ALONG THE BOUNDARIES OF SAID LOT A, THE FOLLOWING FIVE (5) COURSES:
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1 . SOUTH 01 ° 10'17" EAST, A DISTANCE OF 411 .50 FEET;
2. NORTH 87°41 '05" EAST, A DISTANCE OF 196.62 FEET;
3. NORTH 35°26'31 " EAST, A DISTANCE OF 112.28 FEET;
4. NORTH 34°20'46" EAST, A DISTANCE OF 124.91 FEET;
5. NORTH 14° 19'58" EAST, A DISTANCE OF 223.93 FEET TO A POINT ON SAID SOUTHERLY
RIGHT- OF-WAY LINE OF STATE HIGHWAY 66;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH 88°49'43" EAST, A DISTANCE
OF 905.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 25 AND TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY
NO. 66 AS DESCRIBED IN DEED RECORDED IN BOOK 1491 AT PAGE 511 , IN SAID RECORDS;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES:
1 . NORTH 88°49'28" EAST, A DISTANCE OF 2,390.90 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 11 ,420.00 FEET;
2. EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°50'40", AN ARC
LENGTH OF 168.31 FEET;
3. SOUTH 43°43'11 " EAST, A DISTANCE OF 68.87 FEET TO A POINT ON THE WESTERLY
PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 13;
THENCE DEPARTING SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, NORTH 89°59'28" EAST, A
DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 1315.78 ACRES (57,315,320 SQUARE FEET), MORE OR LESS.
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L ,,,....., STRAT 0 \ TO HX B T A
POINT OF COMMENCEMENT
NE CORNER SECTION 25
RECOVERED NO. 6 REBAR WITH
NW CORNER SECTION 25
3-1/4" ALUMINUM CAP
RECOVERED NO. 6 REBAR WITH
2-1/2" ALUMINUM CAP
STAMPED "LS 12374" 66 STAMPED "PFS PLS 37445"
BK 1491 PG 509
STATE HWY• BK 1491 PO 511
N. LINE, NW 1/4, SEC. 25 [ 8.49'43"E 2625.44' N. LINE, NE 1 /4, SEC. 25 [N85.49'28"E 2636_61'
• , " • t " • 1 /I I 1 1J
'S N88'49'43"E H._ _
N88 49 43 E N88 49 28 E 2390.90' a=00 50 40 t� S0079 19 E
" 0 905.29' R=11420.00 92.60 (TIE)
N88 49 38 E 1245.14' N 1/4 CORNER SECTION 25
30.00' O Lrl' RECOVERED NO. 6 REBAR WITH L=168.31
h '07"E r -1:4_ N14'19 58 E I S43 43 11 E 68.87
223.93' I 3-1/4" ALUMINUM CAP POINT OF
70.70' O1 N34'20'46"E STAMPED "PLS 13155" �-. b BEGINNING
,n N89'59'28"E 30.00'
N N LOT A, 124.91 To N N 1/2 NE 1/4 z
4 3 RECORDED EXEMP110N N35'26'31 "E o • _ ow in
w SEC. 25 wco 0 N
u) _ NO. 1207-25-2 ,n I w w
to r RE-1450 112.28 co I CO a
REC. NO2305632 S. LINE, N 1/2, NE 1/4, SEC. 25 CO N r rn
N87'41 '05"E
NE 1/4 a z o NW 1 4 196.62' N z N88'47'23"E 2634.69' o 0) z r
rn
SEC. 26 o z SEC. 25 N w tore, S 1/2 NE 1/4 in z O
o z I RECORDED EXEMPTION N0. (n a -
s88'54-'53"w z - SEC. 25 < o W
LOT A, z 590.00' z J I 1207-25-1-RE1840 Ci0
RECORDED EXEMPTION N0. w CO
1207-25-2 RE-4103 _ A......_ I •l
-
REC. N0. 3303561 N 23'22'49"E E 1/4 CORNER SECTION 25
RECOVERED NO. 6 REBAR WITH
N- • 274.74' I LOT A, PC
rO3 ' RECORDED EXEMPTION NO. 2" ALUMINUM CAP •
N 88 553E I 1207_25-1-RE1840 STAMPED "PLS 23500" U
r 480.00' ,�,
O to S. LINE, NW 1/4, SEC. _ _ _ _ _ _ - - -r- �Z> tt
- - Z N88'45'03"E 2634.18' S. LINE, NE 1 /4, SEC. 25 t o
N88°45'03"E 2632.77' O
W 1/4 CORNER SECTION 25 4
I N p 7 588'45'03"W1
N..i RECOVERED NO. 6 REBAR WITH I C 1/4 CORNER SECTION 25 0 I 514.00
2-1/2" ALUMINUM CAP RECOVERED NO. 6 REBAR WITH O
• STAMPED "LS 28273 1996" I G A 2-1/2" ALUMINUM CAP
Izi to STAMPED "PLS 38345" U.R.E.A. PARCEL
• o N REC. N0. 1606745
BOUNDARY `� co
N -
57,315,320 SF I � S88'45'03"W W a
�_ 1315. 779 AC co SE 1/4 514.00' N N
> SEC. 25
.o SW 1/4 r w-0) rn
EC l 26 N w SEC. 25 N I 0 c'
z N Iw in 10
w N N
O -' o z z o O
O o J o O
Z : Z Z In
W U
SE CORNER SECTION 25
SW CORNER SECTION 25 RECOVERED NO. 6 REBAR WITH
RECOVERED NO. 6 REBAR S 1/4 CORNER SECTION 25
WITH 3-1/4" RECOVERED NO. 6 REBAR WITH 2" ALUMINUM CAP
" 2-1/2" ALUMINUM CAP I STAMPED "PLS 23500 HASCALL 1995"
ALUMINUM CAP "PLS 18482 ILLEGIBLE• '" cr(;- 35 4W. C .R. 28 S8830'51 "W 2634.08'N88°58'33"E 2643.03' - - -
4,--- - ��
4,--- _ _
S
S. LINE SW 1 /4 SEC. 25 S. LINE SE 1 /4 SEC. 25
\re) 0
LOT A, i _
AMENDED LOT A, I N n z 0 N
RECORDED AMENDED RECORDED w I N 1/2 NE 1/4 to
I in EXEMPTION NO o u-' '`' �r
EXEMPT/0N N0. �, o �, Z w SEC. 36 Z
1207-36-2 RE-488 v LOTS 1207-J6-2 RE-»40 N - w
CD
w w AMENDED RECORDED o t7 z NE 1/16 SECTION 36 W w
z wo - - RECOVERED NO. 6 REBAR WITH z d.
z -4:' EXEMPTION NO. toI w 2-1/2" ALUMINUM CAP "PLS r
1207-36-2-RE1140 I z 23500 1999 A.M. HASCALL" aO
NE 1/4 I z S. LINE, N 1 /2, NE 1 /4, SEC. 36 w
SEC. 35 iL 388429'41 "W 2632.27'
N 1/16 CORNER SECTION 35 CN 1/16 SECTION 36
I I
_ RECOVERD NO. 6 REBAR RECOVERED NO. 6 REBAR WITH
WIN 3-1/4" ALUMINUM 2-1/2" ALUMINUM CAP PLS 0' 250 500 1000 2000
I M CAP "PLS 14815 1999" 23500 1999 A.M. HASCALL" I I
SEE SHEET 6 OF 7
1 Inch = 1000 Feet
NOTE: THIS DRAWING DOES NOT REPRESENT A FIELD MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION.
PATH: V:\Saa15—O,\oWc\ 309 East Mineral Ave, BAREFOOT LAKES
DWG NAME: BAREFOOT LAKES IGA LEGAL.DWG Suite I
DWG: TP CHK: DSB Az E G Littleton. Colorado 80122 IGA BOUNDARY
Phone: (303)713-1898
DATE: 201 5-01 -1 3 CONSULTANTS, INC. Fww.aztecconsultants.com WELD COUNTY, COLORADO
SCALE: 1 " = 1000' ,JOS NUMBER 51815-01 5 Cr 7 SHEETS
L ,.....2STRAT 0 \ TO HX B T A
SEE SHEET 5 OF 7
I SE CORNER SEC110N 25 W
SW CORNER SECTION 25 RECOVERED NO. 6 REBAR WITH
RECOVERED NO. 6 REBAR S 1/4 CORNER SECTION 25 I
WITH 3-1 4" RECOVERED NO. 6 REBAR WITH 2" ALUMINUM CAP
„ / „ 2-1/2" ALUMINUM CAP I STAMPED "PLS 23500 HASCALL 1995"
• ALUMINUM CAP PLS 18482 ILLEGIBLE
1 /4. SEC. 35 W. C .R . 28 S85630'51 "W 2634.08'
N88'58'33"E 2643.03' _- _ _ _ _ - - ��
- - S. LINE SE 1 /4 SEC. 25 \ to r-
S. LINE SW 1 /4 SEC. 25
LOT A, c3 6
AMENDED LOT A, IN M z N
RECORDED AMENDED RECORDED w \ N 1/2 NE 1/4 NI
N
EXEMPTION N0. I d" EXEMPTION N0. bin I z w SEC. 36 z `-
1207-36-2 RE-488 \ 1207-36-2 RE-1140 2 ca Li r w
Lu ci LOT 5 ; N Z
w j NE 1/16 SECTION 36 w a>z w AMENDED RECORDED IGA o 1 D \ RECOVERED NO. 6 REBAR WITH w z
w EXEMPT/0N NO. I w 2-1/2" ALUMINUM CAP 'PLS r
I _z \ 1207-36-2-RE1140 z o
NE 1/4 I Jr w BOUNDARY I 23500 1999 A.M.HASCALL
z S. LINE, N 1/2, NE 1/4, SEC. 36
SEC. 35 w 57,315, 320 SF 688.29'41"w 2632.27'
N 1/16 CORNER SECTION 35 CN 1/16 SECTION 36
RECOVERD NO. 6 REBAR 1315. 779 AC RECOVERED NO. 6 REBAR WITH \i°
WITH 3-1/4" ALUMINUM d- `r° 2-1/2" ALUMINUM CAP "PLS
Idr CAP "PLS 14815 1999" \ v W 23500 1999 A.M. HASCALL"
1r w w t7 d-
SE1/4 `� u) o to S1/2 NE 1/4 z
v> cn NW 1/4 z ' r N SEC. 36 I . r
r� I z SEC. 36 J $ ``' I •
w z
0 I � wZ W
Z S LINE, SW 1 /4, S LINE, SE 1 /4,
i - NW 1 /4, SEC 36 NW 1/4, SEC 36 _ - S. LINE, S 1/2, NE 1/4, SEC. 36_ -
N88'28'33"E 1323.23' 588'29'4-4'1W 1323.13 E 1/4 SECTION 36
W C7 CORNER SECTION 36 RECOVERED NO. 6
I1.-1-1 E 1/4 CORNER SEC11ON 35 CW 1/16 CORNER SECTION 36 RECOVERD NO. 6 REBAR I
= I IGA RECOVERD NO. 6 REBAR RECOVERD NO.
(n I 3-1/4" ALUMINUM CAP I
I WITH 3-1/2" ALUMINUM CAP WITH 3-1/4" ALUMINUM I CAP "PLS 14815 1999" " " C D
w BOUNDARY I "PLS 38065" H „ CAP "PEPEK LS 33642 2002
STAMPED PLS 29420
NW 1/4 KING SURVEYORS INC" •
57,315,320 SF Ig
SW 1/4 r- M NE 1/4
1315.779 AC I SEC. 36 N - SW 1/4
I •
I SE 1/4 S89'15'43"WI S. LINE, NW 1 /4, SEC. 36 I
SE 1/4
r SEC. 35 522.99' SW 1/4, SEC. 36 SEC. 36
. -
88
„w "21'56"W 1323.94' SW 1/16 CORNER SECTION 36 I
•AQ'Q5� S 1/16 CORNER SEC11ON 35 RECOVERD NO. 6 REBAR WITH I
2
I 51 5 $3 r I RECOVERD NO. 6 REBAR 3-1/4" ALUMINUM CAP I
I 82 M I\ WITH 3-1/4" ALUMINUM CAP "PLS 14815 1999"
r c3 "PLS 14815 1999"
PARCEL A w w
5050. EX. 741 `� `n SW 1/4 SE 1/4
I 2669206 nIJ SW 1/4 SW 1/4
I o I Ls] SEC. 36 SEC. 36 — — — —
Z _
N89'14'04"E 1307.61' _ _ — — _ _ - - — —
_t
S LINE, SE 1/4, SE CORNER SECTION 35
SE 1 /4, SEC. 35 RECOVERED NO. 6 REBAR
E 1/16 CORNER SECTION 35 WITH 3-1/4" ALUMINUM CAP
RECOVERED NO. 6 REBAR "PLS 18482 1997 COLD DEPT
4
WITH 3-1/4" ALUMINUM CAP OF TRANSPORTATION"
"LS 7242 1997 MCRAE
& SHORT INC"
0' 250 500 1000 2000
1 Inch = 1000 Feet
NOTE: THIS DRAWING DOES NOT REPRESENT A FIELD MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. I
PATH: V:\54815-O,\Dt \ 309 East Mineral Ave, BAREFOOT LAKES
DWG NAME: BAREFOOT LAKES IGA LEGAL.DWG Suite I
DWG: TP CHK: DSB Az Ec Littleton, Colorado 801 22 IGA BOUNDARY
Phone: (303)713-1898 Colorado
1898
DATE: 2015-01 -13 CONSULTANTS, INC. Fa::s.aztecconsultants.com WELD COUNTY, COLORADO
SCALE: 1 " = 1000' ,Joe NUMBER 51815-01 6 OF 7 SHEETS
L ,.....2STRAT 0 \ TO HX B T A
SEE SHEET 5 OF 7
N 1/4 CORNER SECTION 35 SW CORNER SECTION 25
RECOVERED NO. 6 REBAR RECOVERED NO. 6 REBAR
WITH 2-1/2" ALUMINUM CAP WITH 3-1/4"
SI I "PLS 36073" IN A RANGE BOX ALUMINUM CAP "PLS 18482"_ il N. LINE, NE 1 /4, SEC. 35 0
- - _ _ N89'16'34"E 2655.85' • _ _ LO
I—
lP, LOT A, i W
• AMENDED
I O) RECORDED (=l)
I EXEMPT/ON NO I W
1207-,T6-2 RE-488 W
c5 LOT
Z Ls.' AMENDED RECORDED
EXEMP770N NO
I \M I _Z 1207-36-2-RE1140
I '- UN NE 1/4 I - u
z (n3 SEC. 35 WZ
Z IN nt N 1/16 CORNER SECTION 35
T IN \ RECOVERD NO. 6 REBAR
I :zi- I WITH 3-1/4" ALUMINUM
z o I d � CAP "
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S. LINE, SW 1 /4, SEC. 35 S89°12'54"W 2638.37' S. LINE, SW 1 /4, S. LINE, SE 1 /4, SE CORNER SECTION 35
SW CORNER SECTION 35 SE 1 /4, SEC. 35 SE 1/4, SEC. 35 RECOVERED NO. 6 REBAR
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WITH 3-1/4" ALUMINUM CAP RECOVERED Na6 REBAR E 1/16 CORNER SECTION 35
/ "PLS 18482 1997 COLO DEPT
"PLS 29420 2009 COLORADO WITH 3-1/4" ALUMINUM CAP RECOVERED Na 6 REBAR OF TRANSPORTATION"
DEPT OF TRANSPORTATION" "PLS 10740 1996 COLO DEPT WITH 3-1/4" ALUMINUM CAP
0.5' ABOVE GRADE OF TRANSPORTATION "LS 7242 1997 MCRAE
& SHORT INC"
0' 250 500 1000 2000
mmelmmimm
1 Inch = 1000 Feet
NOTE: THIS DRAWING DOES NOT REPRESENT A FIELD MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION.
PATH: V:\54815-O,\DI \ 300 East Mineral Ave, BAREFOOT LAKES
DWG NAME: BAREFOOT LAKES IGA LEGAL DWG A_ zT Suite I
DWG: Tp CHK: DSB ELittleton. Colorado 801 22 I G A BOUNDARY
Phone: (303)713-1898
DATE: 2015-01 -13 CONSULTANTS, INC. Fww.azteeconsultants.com WELD COUNTY, COLORADO
SCALE: in = 1000' JOB NUMBER 51815-01 7 OF 7 SHEETS
EXHIBIT B
[COMMITMENT LETTER ATTACHED]
20150212.1 LTWD Agreement for Water Extensions 8
LITTLE THOM.PSON WATER DISTRICT
DIRECTORS:
'telephone (970) 532-2096
Robert Boggio, President October 15, 2004
Dean Ander
son.
Keithders Croonquist. 835 b Highway 56
Richard Macomber P.O Drawer Ci
Dave Lorenz. Berthoud, CO 80513
Carey ! Salomonson tiva:v.le:vd,or{;
Alex Sauer
IvIANAGIR:
Richard R.H. Whiffet
Tyler Packard
Carma
Highland Place Il
9110 E Nichols Ave., Suite 180
Englewood, CO 80112
Dear Tyler:
This letter is in response to your request for a water service commitment for up to 4500
residential lots, and 90 acres of commercial / non residential land use in the location described as
follows:
PORTIONS OF SECe25, 35, AND 36 T3N, R6SW WELD COUNTY, CO
Proposed St. Vrain Lakes
The District provides water service within its service area as defined by the District. The
provision of water service by extension of existing water lines of the District to the above property and
the installation of taps for lots is done under the terms of the Rules and Regulations of the District
established by the Board of the District from time to time. You may obtain a copy of the Rules and
Regulations from the District. This letter outlines the provisions of the Rules and Regulations, however
this letter does not change any provisions of the Rules and Regulations. The Board of the District may
alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to
alteration and amendment based on changes in the Rules and Regulations of the District.
We currently have a 24" diameter water line located along Hwy 66 @ WCR 9 %2 and 42" and 24"
diameter water lines @ WCR 38 & Ia25 with additional capacity available Therefore, we can commit to
prt
provide service to the above property, subject to the limitations in this letter, for one standard residential
X 3/4" water tap per lot; and the following additional limitations on the provision of water service
are:
1 . All improvements to District facilities required to provide service will be the financial
responsibility of the developer in accordance with the District Rules and Regulations. All
improvements must conform to District Specifications.
2. Little Thompson Water District requires you to transfer 1 .4 shares of Colorado Big
Thompson water or other waters acceptable to Little Thompson Water District for each
lot in the commitment for use in the domestic water system. You then need to pay for the
rest of the tap fee as the water lines are put in service and you have the taps to sell with
the lots at the price that you set.
3 . The evaluation, approval and installation of a raw / reuse water system for outside use
throughout the subdivision will reduce the amount of water dedication required for use in
the domestic system. The credit given for the raw water irrigation system will be based
on your raw water system design and expected water usage estimates. The District will
evaluate the domestic and raw water usage numbers and determine the credit given for
raw water use against the domestic requirement,
4. For each fire hydrant in the subdivision there is a S2,000 fire hydrant fee that needs to be
paid prior to installation of the fire hydrant. You will be responsible for any
improvements or upgrades needed to meet the required fire flows in your subdivision.
5 . Off site domestic water line requirements with a raw water system for irrigation of
the subdivision.
The first 1200 taps can be served through the existing 24" water line along WCR 9 1/4 In
order to provide the required flows to the subdivision you will be required to install the
following improvements to connect to the existing Little Thompson Water District water
lines.
A. Vault and connection to the 8" tee on the existing 18" water line at WCR 28 & WCR
9 '/2 .
B. 12" line along WCR 13 connecting the 8" line along Hwy 66 and the water line at the
WCR 13 entrance to Pelican Shores to a 12" line in your subdivision. You will need
to loop to the back end of the Pelican shores subdivision if/when built.
C. You will need to extend a 16" water line from WCR 9 %2 & Hwy 66 through your
subdivision. You will need this size for any future non- residential fire flow.
D. These improvements may not be adequate to provide non-residential fire flow at
build-out. You will need other improvements to meet the non-residential fire flows.
E. These connections will need to be connected and looped through the subdivision.
Service for the remaining taps, with a reuse water system, and non-residential fire flow
at build-out will require the following improvements in addition to the items A wE above.
F. Installation of a 24" diameter water line connected to our existing 24" water line at
WCR 38 & 1-25. This line and connection can be along the East or West side of 1-25.
The route of the line needs to be determined and will need to connect to water lines in
your subdivision along Hwy 66 and WCR 28 to feed the looped system. This water
line would be subject to a rebate that would be a part of our development agreement.
You will be responsible for the equivalent cost of an 18" diameter line and the
difference from the 18" diameter line to the required 24" line would be subject to the
rebate agreement
G. The 24" diameter water line will require a pressure reduction vault along the line at a
location to be determined.
6. You will be required to provide the needed water lines in the proposed subdivision.
Water lines in the subdivision will need to be 6" minimum diameter with 8" and 12"
diameter water lines in a grid system to support the required fire flows. Non residential
development will require higher fire flow availability and will need to be served by a 16"
diameter water line backed up with a 12" diameter water line grid.
7. The design, installation and total cost of the project will be the responsibility of the
developer.
It is possible that some of the off-site water lines may be required, built or are being designed by
other developers in the same area. If they are in place when you need them then you may be able to
utilize them to serve your development, subject to Little Thompson Water District rules and regulations
and rebate agreements.
If the 24" diameter water line from WCR 38 to WCR 28 has been built, or other improvements
have been made to provide the capacity, prior to your need for it you will be required to pay for any
rebate of the oversize cost. In addition to the oversize cost you will also be required to pay for the design
and installation of a 5 million gallon concrete water tank. The tank would be located North of WCR 38
@ I-25 on the property that Little Thompson Water District currently owns.
This commitment letter will expire two years from the date of this letter if the taps have not been
purchased, paid for and installed by that date of expiration. The current fee for the domestic 5/8" X 3/4"
tap is $25,700. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND
TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS
LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY
CHANGE THE RULES, REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE
PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON.
If you have questions, please contact me.
Regards,
7 J
Michael T. Cook
District Engineer
EXHIBIT C
PROJECTED COSTS
[Attached]
9
20150212.1 ADDENDUM A TO A&R AGMT FOR WTR EXT
PRELIMINARY
Windy Gap Firming Project
Projected Cash Flow - Preliminary Estimate with Mitigation and Enhancement
May 30, 2014
Estimate of Total Project Cost:
Construction/Construction Management $ 237,500,000
Design $ 14,000,000
Subdistrict (Legal, Admin, Land and Permitting) $ 20,000.000 $ 3,661,777 = Unallocated portion
Mitigation and Enhancement $ 16,000,000
Total Project Cost: $ 287,500,000
Total Estimated
Requested Participant Total
Units Storage Contributions Total Future Project
Participant Owned Volume (af) Through 2012 2014 2015 2016 2017 2018 2019 Contributions Contributions
NEPA/Mitigation Design Mitigation 2015 Total Design Mitigation 2016 Total Construction/CM
$ 2,000,000 $ 10,000,000 $ 4,464,983 $ 14,464,983 $ 4,915,444 $ 6,634,232 $ 11,549,676 $ 243,523,227.02
Broomfield 56 25,200 $ 3,898,108 $ 584,822 $ 2,924,112 $ 1 ,305,611 $ 4,229,724 $ 1,437,331 $ 1,939,924 $ 3,377,255 $ 71 ,208,927 $ - $ - $ 78,815,905 $ 83,298,836
CWCWD 1 330 $ 55,625 $ 7,658 $ 38,292 $ 17,097 $ 55,389 $ 18,822 $ 25,404 $ 44,226 $ 932,498 $ - $ - $ 1,032,113 $ 1,095,397
Erie 14 6,000 $ 909,811 $ 139,243 $ 696,217 $ 310,860 $ 1 ,007,077 $ 342,222 $ 461 ,887 $ 804,108 $ 16,954,506 $ - $ - $ 18,765,692 $ 19,814,747
Evans 0 1 ,750 $ 200,584 $ 40,613 $ 203,063 $ 90,667 $ 293,731 $ 99,815 $ 134,717 $ 234,532 $ 4,945,064 $ - $ - $ 5,473,327 $ 5,714,523
Fort Lupton 3 1 ,050 $ 72,544 $ 24,368 $ 121,838 $ 54,400 $ 176,238 $ 59,889 $ 80,830 $ 140,719 $ 2,967,039 $ - $ - $ 3,283,996 $ 3,380,907
Greeley 64 7,000 $ 1 ,926,063 $ 162,451 $ 812,253 $ 362,670 $ 1 ,174,923 $ 399,259 $ 538,868 $ 938,126 $ 19,780,257 $ - $ - $ 21,893,307 $ 23,981,820
Lafayette 1 1 ,800 $ 312,143 $ 41,773 $ 208,865 $ 93,258 $ 302,123 $ 102,667 $ 138,566 $ 241 ,232 $ 5,086,352 $ - $ - $ 5,629,708 $ 5,983,624
Little Thompson WD 0 4,850 $ 335,083 $ 112,555 $ 562,776 $ 251 ,278 $ 814,054 $ 276,629 $ 373,358 $ 649,988 $ 13,704,893 $ - $ - $ 15,168,934 $ 15,616,572
Longmont 80 12,000 $ 2,526,928 $ 278,487 $ 1,392,434 $ 621 ,720 $ 2,014,154 $ 684,443 $ 923,773 $ 1 ,608,217 $ 33,909,013 $ - $ - $ 37,531,384 $ 40,336,798
Louisville 6 2,700 $ 469,182 $ 62,660 $ 313,298 $ 139,887 $ 453,185 $ 154,000 $ 207,849 $ 361 ,849 $ 7,629,528 $ - $ - $ 8,444,561 $ 8,976,402
Loveland 40 7,000 $ 1 ,716,871 $ 162,451 $ 812,253 $ 362,670 $ 1 ,174,923 $ 399,259 $ 538,868 $ 938,126 $ 19,780,257 $ - $ - $ 21,893,307 $ 23,772,628
Middle Park WCD 0 - $ 30,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 30,000
PRPA 160 12,000 $ 2,445,330 $ 278,487 $ 1,392,434 $ 621 ,720 $ 2,014,154 $ 684,443 $ 923,773 $ 1 ,608,217 $ 33,909,013 $ - $ - $ 37,531 ,384 $ 40,255,200
Superior 15 4,500 $ 1 ,063,843 $ 104,433 $ 522,163 $ 233,145 $ 755,308 $ 256,666 $ 346,415 $ 603,081 $ 12,715,880 $ - $ - $ 14,074,269 $ 15,242,544
TOTAL 440 86,180 $ 15,962,114 $ 2,000,000 $ 10,000,000 $ 4,464,983 $ 14,464,983 $ 4,915,444 $ 6,634,232 $ 11,549,676 $ 243,523,227 $ - $ - $ 269,537,886 $ 287,500,000
$ 269,537,886
Notes: Unit Cost: $ 3,336
1. Cost allocation based on percent of total requested storage volume
2. Project Costs based on AECOM's December 2011 Cost Estimate for 90,000 AF Earthfill/Rockfill Dam adjusted to 87,000 AF dam with Mitigation, Enhancement and Subdistrict costs added.
3. These estimates do not include an allowance for cost escalation between 2011 and the beginning of construction.
4. Mitigation Costs include Enhancements and are based on April 2013 estimates, which include all requirements from EIS, FW MP, FW EP, 1041 Permit, IGA, and Rancher Settlement.
5. Unallocated portion of Subdistrict costs (approx. $3.6M) for legal, admin, permitting are allocated 25% to Design and 75% to Construction
6. Projections assume issuance of all permits and approvals in early 2015.
May2014_cash flow/Projected Cash Flow 2/11/2015
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