HomeMy WebLinkAbout5.0 Final Line ExtensionLEAVENWORTH & ASSOCIATES, P.C.
ATTORNEYS AT LAW
LOYAL E. LEAVENWORTH
CAROLYN M. STRAUTMAN
CYNTHIA C. TESTER
SHANE J. HARVEY
DONALD H. HAMBURG
Of Counsel
Don DeFord, Esq.
Garfield County Attorney
109 Eighth Street, Suite 300
Glenwood Springs, CO 81601
July 3, 1996
1011 GRAND AVENUE
P.O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (970) 945-2261
FAX: (970) 945-7336
Re: Mid Valley Metropolitan District; Dakota and Eagle -Dakota Subdivisions
Dear Don:
Pursuant to our previous discussions, enclosed please find copies of the Line Extension
Agreement and three Addendums to Line Extension Agreement which the District has executed
with the developer of the Dakota and Eagle -Dakota Subdivisions (Third Addendum unexecuted).
The District's engineer has approved their plans for development of the single-family area and
Tract A. With regard to security for installation of the public, the District does not see a need
to "double collateralize" these developments and, therefore, they do not obtain separate security
for construction of District lines. Rather, the District relies on the County's performance
guarantee under the SIA executed with the developer, as security for completion of the
improvements. For this reason, the District requests that Garfield County refrain from releasing
the letter of credit or other performance guarantee on this project (or any future developments)
until it has obtained confirmation from the District that the water and sewer facilities have been
constructed in conformance with the plans and specifications and accepted by the District's
engineer.
As the Dakota property is the only property within the District which currently extends
into Garfield County, I do not see the need to execute an intergovernmental agreement on this
issue now. If the District boundaries are expanded to encompass additional area within Garfield
County, an IGA may be appropriate. In that event, the IGA could also contain language
providing for review of land use applications by the District at all stages, as a referral agency,
as we have requested for the West Glenwood Sanitation District.
Please feel free to contact me if you have any questions.
Very truly yours,
LEAVENWORTH & ASSOCIATES, P.C.
LEL:rin
Enclosure
cc: Kelly Mullane -Johnson
_(2 f.„�w�
Loyal E. Leavenworth
GGA 5.
k� C J :; v: � 6 G C L J C K p. k C 469850_
ocl19 1994 MiL3)nCL ALSC..L,"JTY
MID VALLEY METROPOLITAN DISTRICT
DAKOTA AND EAGLE DAKOTA SUBDIVISIONS
• •
W in
C4 00
LINE EXTENSION AGREEMENT
Bou091.Rptci845
THIS LINE EXTENSION AGREEMENT is made and entered into by and between the
MID VALLEY METROPOLITAN DISTRICT, a Colorado special district (hereinafter
"District"), and DAKOTA PARTNERS, L.L.C., a Colorado limited liability company,
(hereinafter referred to as "Developer"):
WITNESSETH:
WHEREAS, the District is a Colorado special district formed and functioning by the
authority of C.R.S. §32-1-101 et seq., providing potable water and sanitary sewer service for
the area around El Jebel, Colorado, in which Developer intends to develop certain real property;
and
WHEREAS, the Developer is the owner of real property situate in the Counties of Eagle
o � and Garfield, State of Colorado, generally shown on Exhibit A (1-4), attached hereto and
o incorporated herein by this reference (hereinafter the "Property"); and
U
� N
WHEREAS, Developer intends to begin development of the Property by developing a
0,z• 3 portion of the Property consisting of 23 single-family lots as depicted on Final Plat Documents
- for Dakota Subdivision and Eagle Dakota Subdivision, prepared by High Country Engineering,
Inc., dated July 18, 1994 (hereinafter referred to as "Dakota Subdivision"); and
co J
WHEREAS, Developer intends to later develop a portion of the property consisting of
a
a c 50 multi -family units; and
• o
WHEREAS, the District and Developer's predecessors in interest, Robert Arnold, Gloria
—1 Arnold, and Storage Development Company, have previously entered into the Arnold Meadows
Pre -Inclusion Agreement, recorded as Reception No. 534227, in Book 638, at Page 176, Eagle
County Clerk and Recorder, and as Reception No. 467840, in Book 0914, at Page 150, Garfield
County Clerk and Recorder (hereinafter "Pre -Inclusion Agreement"), which Agreement
P.( contemplates the provision of water and sewer services to the Property and the execution of a
Line Extension Agreement in connection therewith; and
to N
WHEREAS, Vantex Enterprises, Inc. (hereinafter "Vantex") is the owner of real property
situate in the County of Eagle, State of Colorado, commonly known as Blue Lake Subdivision
Filing V (hereinafter referred to as "Blue Lake V"); and
WHEREAS, Blue Lake V and the Dakota Subdivision are adjoining or connected parcels
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LEAVENWORTH & CALOU. P.C.
P.O. Drawer 2030
1011 Grand Avenue
Glenwood Springs, CO 81602
8090919 F:4; 84O
of land; and
WHEREAS, Developer desires to have potable water and sanitary sewer service from
the District provided to the Dakota Subdivision; and
WHEREAS, the District met and discussed the provision of District services to the
Property, and the Board of Directors conceptually approved the provision of services to the
Property subject to the terms and conditions of a line extension agreement to be entered into
between Developer and the District; and
WHEREAS, pursuant to C.R.S. §32-1-401(b), the District held public hearings on
January 18 and February 8 and 15, 1994, at which the inclusion of the Property in the District
was discussed, and said inclusion was conceptually approved by the Board of Directors for the
District on February 15, 1994, pursuant to C.R.S. §32-1-401(c)(I); and
WHEREAS, the approvals cited above are contingent upon the express condition that all
obligations and duties created by this Agreement are faithfully performed by Developer; and
WHEREAS, all representations of Developer made in connection with the establishment
of District services for the Dakota Subdivision shall be considered conditions of approval; and
WHEREAS, the Developer and Vantex are willing to do the excavations, constructions,
installations, connections, and other work necessary to extend the water and sewer main lines
to the far side of the Property subject to the terms of the Pre -Inclusion Agreement and this
Agreement, both of which concern the responsibility for fees and charges in connection with the
line extension and the inclusion of the Property within the District; and
WHEREAS, the District and Developer acknowledged under the Pre -Inclusion
Agreement, and Vantex acknowledged under the Vantex Line Extension Agreement, that Vantex
is a third -party beneficiary of the Pre -Inclusion Agreement; and
WHEREAS, the District is willing to provide potable water and sanitary sewer service
to the Dakota Subdivision upon the terms and conditions as hereinafter set forth.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
of the parties, and other good and valuable consideration, the adequacy and sufficiency of which
is hereby acknowledged, the parties agree as follows:
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1. Scope of Agreement. The District and Developer agree that this Agreement shall
serve as the Line Extension Agreement for all development of the Property, including the 23
single-family dwelling units (hereinafter "Phase I") and 50 multi -family units (hereinafter "Phase
II"), and that all terms and conditions of this Agreement shall apply to Phase I and Phase II.
The Developer acknowledges and agrees that the plans submitted for approval under Paragraph
2. herein are only for Phase I. Therefore, prior to the commencement of the development of
Phase II, the District shall review and approve in writing the engineering designs, preliminary
cost estimates, utility plans and final plat documents for Phase II. Prior to approval of the final
plat for Phase II, the Developer shall provide the District with a performance guarantee for
Phase II according to the terms as provided in Paragraph 9, below. Thereafter, all other terms
and conditions hereof shall apply to Phase II.
2. Rules and Regulations. The Rules and Regulations of the District, adopted
September 17, 1991, as amended (hereinafter the "Rules and Regulations"), in effect on the date
of execution of this Agreement are hereby incorporated into this Agreement by reference. In
particular, Articles VIII and IX of the Rules and Regulations apply to line extensions such as
this one. The provisions of this Agreement are intended to comply with the Rules and
Regulations, and to the extent that any provision or provisions do not comply, they shall be
interpreted in a manner that brings them into compliance with the Rules and Regulations in effect
at the time this Agreement was executed. All capitalized terms used herein shall have the
meanings defined for each term in the Rules and Regulations, as in effect on the date of
execution hereof, unless otherwise specifically defined herein.
3. Facilities To Be Installed By Developer. Developer has submitted for District
review a written application for extension of water and sewer lines and construction of a raw
water irrigation system for the Dakota Subdivision, including engineering designs, preliminary
cost estimates, and the Final Plat Documents for the Dakota Subdivision prepared by High
Country Engineering, Inc., dated July 18, 1994, as modified by letter of August 18, 1994, from
High Country Engineering to Schmueser Gordon Meyer, Inc., and letter from Schmueser
Gordon Meyer, Inc. to Roger D. Neil, dated August 15, 1994, and a Residential Community
Landscape Plan prepared by Isom & Associates, dated January 6, 1994, as modified to include
a minimum of 25 trees rather than the 20 trees shown thereon (hereinafter collectively referred
to as the "plans"). Pursuant to the Rules and Regulations, the District Engineer must approve
o the plans for the line extension and raw water irrigation system before work commences. All
construction and installations pursuant to the plans submitted shall comply with the Rules and
Regulations, and any applicable federal, state, county, or local laws. The Developer shall install
the line extension in roads or streets which the County, State Highway Department, or other
-----------------.jt__ maintenance as
public rights-of-way, .... .n easements granted to
the District.
The Developer shall construct and install the line extension and raw water irrigation
`° system according to the final plans as approved in writing by the District Engineer. Any
PQ changes in or deviations from the Final Utilities Plan shall be separately approved in writing by
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the District Engineer.
4. Landscaping Requirements. Simultaneously with the installation of the raw water
irrigation system, Developer shall install all landscaping along the east and south perimeters of
the District's sewage treatment facilities as described on the Residential Community Landscape
Plan referenced in Paragraph 2, above.
5. Connection of Existing Improvement. Pursuant to Paragraph 11 of the Pre -
Inclusion Agreement, at the time of installation of the water and sewer line extensions,
Developer shall install and connect water and sewer lines to permit District service to Lot 3,
Block 1, Dakota Subdivision (commonly known as the Nagel property). Prior to the District's
acceptance of the facilities, Developer shall have paid the tap fees applicable to this connection.
6. Fees and Charges. The Developer shall pay in full to the District all fees incurred
by the District relating to the facilities described in Paragraph 2, above, including engineering,
surveying, legal, inspection, filing, or recording fees and related expenses. Customers who
desire to connect to the main lines extended pursuant to this Agreement shall pay all applicable
tap fees, water dedication fees, and service charges, as well as the line extension fees described
above. Payment of all line extension fees shall be due at the time the customer connecting to
the extended main line pays the applicable tap fees and complies with the District water
dedication requirements.
7. Easements. The final plat for subdivision of the Property shall dedicate utility
a easements across the Property, which shall be particularly described on the final plat. Further,
a Developer agrees to dedicate all other easements, as necessary, for access or completion of work
a; on the Property and for future expansion of District services to the west of the Property. Such
additional easements shall also be determined and approved at final plat. All easements to be
o dedicated shall be general utility easements of a width determined by the District, dedicated by
warranty deed, free and clear of all liens and encumbrances which would interfere, as
c determined by the District, with the District's use of the easements.
o
8. Oversized Water Line. Pursuant to Section 8.07 of the Rules and Regulations,
the District reserves the right to oversize the water line to provide District water service to the
Property and/or adjoining properties. The line installed by Developer shall be at least an 8 -inch
line. Said line shall be dedicated to the District and, upon acceptance, the District shall be
in
1 responsible for all operation, maintenance, repair, and replacement of the line. The District also
o.' reserves the right to require the design of the lift station facilities to permit future enlargement,
,r including an additional wet well and larger pumps than those proposed, to serve additional
in
properties in the future.
as
9. Deposits. Before construction begins, the Developer shall deposit with the
District, in advance, an amount equal to the cost of construction, including engineering,
inspection, and legal fees which may be required. This deposit may be reduced or replaced by
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a line of credit in a form and from an financial institution acceptable to the District. Further,
the size of the deposit or line of credit shall be reduced by the amount of any performance
guarantee or other security for construction of the project which the Developer provides to the
affected County or other governmental entity.
In addition to the above deposit, the Developer shall deposit in advance with the District
One Thousand Dollars ($1,000) to ensure that satisfactory as -built drawings for the project are
submitted to the District as required by Section 8.05 of the Rules and Regulations. Said deposit
shall not be released back to the Developer until satisfactory as -built drawings are submitted by
the Developer and approved by the District Engineer.
10. Observation of Construction. Developer agrees to comply with all requirements
set forth in Rules and Regulations for inspection of construction and installation of facilities on
the Property. Additionally, all construction and installation of facilities shall be subject to
observation, at the Developer's expense, by the District Engineer or such other authorized
representative of the District as the District Board shall designate. Observation, acquiescence
in, or approval by any inspector of the construction of facilities at any particular time shall not
constitute District approval of any phase of construction of such improvements. Such approvals
may be made by the District only after construction is completed and in the manner set forth in
this Agreement. The Developer shall ensure that the construction and installation of facilities
is in accordance with the Rules and Regulations of the District and all applicable federal, state,
county and local laws. The District Engineer may direct the Developer, on behalf of the
District, to correct any deficiencies in the construction and installation of facilities that are not
"' constructed or installed in conformance with the plans as approved. The Developer shall
coordinate with the District Engineer the timing of the construction and installation of facilities
to facilitate compliance observations by the District Engineer. Such observation may occur at
a point during or upon completion of construction, and may occur at any time after facilities are
operational at reasonable intervals as the District may request.
0
11. Acceptance of Facilities By District. Upon completion of the facilities, the
District Engineer shall certify to the District Board that the facilities have been constructed and
O installed in accordance with the provisions of the Rules and Regulations and in accordance with
the applicable provisions of federal, state, county, and local laws. Thereupon, Developer shall
request the District to accept the facilities and shall provide the District with the following
information:
a. A written summary of the actual costs of construction of all facilities to be
dedicated to the District. In addition, a certification that all such costs of
construction have been fully paid, and written waivers of the right to claim
mechanic's liens by all contractors performing work on the Property;
b. A deed, bill of sale, and/or such other evidence as is satisfactory to the District
granting the District an easement or fee ownership of all property required by the
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plans as approved to be dedicated to the District
extension project, free and clear of all liens and
acceptable to the District;
c. A video tape of the interiors of the extended sewer lines;
d. As -built drawings for the project which have been prepared by a registered land
surveyor at Developer's expense and which satisfy the requirements of the Rules
and Regulations and Technical Specifications and Procedures of the District. The
drawings shall consist of one set of reproducible mylars and an auto -cad disk.
The District's written acceptance of the as -built drawings and video tap, if
applicable, shall complete Developer's dedication to the District of the facilities
required by the plans;
Beic40919::x:850
in conjunction with the line
encumbrances, in a format
e. A two-year warranty guaranteeing to the District that the facilities have been
constructed in a good and workmanlike manner for a period of two (2) years from
the date of acceptance of the facility by the District. The guarantee shall be in
a format acceptable to the District and shall be secured, if required, by the
District in the form of security acceptable to the District; and
f. Any other information requested by the District to demonstrate compliance with
all provisions and requirements of this Agreement and the Pre -Inclusion
Agreement.
Upon satisfactory completion of the above requirements, the District shall formally accept the
line extension project by a motion entered in the minutes of the Board of Directors and refund
to the Developer all deposits. Such acceptance, if given, shall constitute dedication by
Developer of such facilities to the District.
12. Performance Guarantee. In order to secure the construction and installation of
the improvements above described for which Developer is responsible, Developer shall, upon
execution of this Agreement, furnish the District with a certificate or other evidence, in good
and sufficient form, approved by the District's attorney, of an irrevocable letter of credit,
performance bond, or other security to secure the performance and completion of the
improvements, in an amount equal to the estimated costs of said facilities. The parties
acknowledge that, through the subdivision process with Eagle County and/or Garfield County,
Developer may provide a letter of credit in favor of Eagle County and/or Garfield County.
Accordingly, Developer's letter of credit, if so provided, shall satisfy the requirement of a
performance guarantee set forth in this provision. Developer will ensure that the District is
made a third -party beneficiary of any subdivision improvements agreements between Developer
and Eagle County and/or Garfield . County, and of any performance guarantee pursuant to such
subdivision improvements agreements. Developer agrees that the District may complete work
on the facilities described in Paragraph 2 hereof, using and relying upon the performance
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guarantee or other security as set forth in this paragraph in the manner agreed upon hereafter
by Developer and Eagle County and/or Garfield County. Further, the District reserves its rights
to notify Eagle County or Garfield County, as applicable, in the event of Developer's default
on their payment obligations under this Line Extension Agreement, and Developer hereby
consents to such notice. Remedies for Developer's breach of this provision shall be those set
forth elsewhere in this Agreement, in addition to those set forth in any agreement between Eagle
County or Garfield County and Developer.
In the event the improvements are not constructed or completed within twelve (12)
months of the date of this Agreement, said performance guarantee shall provide that the funds
necessary to complete the public improvements shall be put directly in to an escrow account
under the control of the District or the applicable County as may be hereafter agreed, and shall
be used to complete the public improvements called for herein.
Upon completion or performance of such improvements and the conditions and
requirements of this Agreement within the required time and upon approval of such
1-1 improvements in writing by the District, the District agrees to notify Eagle and/or Garfield
County(ies) that the County(ies) may release the performance guarantees to Developer within
ten (10) days of acceptance by the District. If the improvements are not completed within the
required time, the performance guarantee(s) may be called by the District, and the monies may
be used to complete the improvements; provided, however, that if such guarantee(s) is (are) not
sufficient to pay the actual cost, Developer shall be responsible for the balance. Upon
Developer's request, the District agrees to notify the applicable County that a portion of the
M construction and installation of the improvements which are the subject of this Agreement has
been completed and that a corresponding portion of the performance guarantee can be released
0 to Developer. Such release shall be within thirty (30) days after the District's acceptance of that
.1. portion of the improvements.
C)
The estimated costs of the public improvements required to be constructed pursuant to
this Agreement shall be a figure mutually agreed upon by Developer and the District. In the
event the cost of the improvements exceed the estimated cost, Developer shall be solely
responsible for the actual cost. The purpose of the cost estimate is solely to determine the
amount of security and shall be revised every twelve (12) months to reflect the actual costs, and
the performance guarantee required by this Agreement shall be adjusted accordingly. No
representations are made as to the accuracy of these estimates, and Developer agree to pay the
actual costs of all such public improvements.
13. Cost Recovery to Developer. The District agrees that it shall, in the event any
other future users connect to the line extensions which are the subject of this Agreement, provide
o for appropriate reimbursement to Developer of a proportionate share of the costs of said water
line, as hereafter determined by the District.
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The District shall use its best efforts to collect any fees due in connection with this cost
recovery. However, Developer will not hold the District itself liable for payment of the fees,
or for any failure by the District to collect such fees. The District shall forward any line
extension fee it receives to Developer within fifteen (15) days after its receipt from the customer.
The District shall retain a processing fee of $100 for administrative overhead in providing the
reimbursement to Developer for each connection to a water or sewer facility. The term of the
reimbursement shall commence upon acceptance of the facilities by the District and shall
terminate five (5) years following the date of acceptance. However, upon application and
District approval, such reimbursements shall continue for a maximum of five (5) additional
years. The total reimbursement to be received by Developer shall not exceed fifty percent
(50%) of the actual cost of construction and installation of facilities.
14. Fees Incurred by District. The Developer shall pay in full to the District all fees
incurred by the District relating to the facilities, including engineering, surveying, legal,
observation, inspection, filing, or recording fees and related expenses. Customers who desire
to connect to the main lines extended pursuant to this Agreement shall pay all applicable tap
fees, water dedication fees, and service charges.
15. Water Rights Dedication. For the Dakota Subdivision and any other parcels
which receive District water service, the requirements for dedication of water rights to the
t- District, as set forth in Article X of the Rules and Regulations, shall be satisfied by the payment
of cash in lieu of actual water rights, unless otherwise agreed. The amount of the cash payment
o shall be $200.00 per EQR, reduced to $30 per EQR in recognition of the raw water irrigation C
system, for a total payment of $690, due and payable within ten (10) days of execution of this CJ
co Agreement.
0
a, 16. First -Come, First -Serve. Pursuant to Paragraph 12 of the Pre -Inclusion
°; Agreement and in consideration of Developer's agreement to install the raw water irrigation
system, the District agrees to reduce the water tap fees within the Dakota Subdivision by twenty
o to thirty percent (20-30%), with the actual reduction to be determined by mutual agreement of
the District and the Developer. This reduction shall apply to taps required to be purchased by
Developer pursuant to the System Development Fee Purchase Agreement between the District
o and Developer's predecessors in interest, executed by the District on March 22, 1994. Except
to the extent a customer owns prepaid taps pursuant to a Prepaid Tap Agreement, EQRs of water
service shall be made available on a "first-come, first -serve" basis, and the District cannot
guarantee that an adequate number of EQRs of water or sewer service will be available to serve
any property or structure covered by this Agreement.
a, 17. Covenants, Conditions and Restrictions. Developer agrees to execute and record
a Master Declaration of Covenants, Conditions and Restrictions for Dakota Subdivision which
shall be approved by the District as evidenced by the signature of the District's attorney thereon.
LO
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18. Breach by Developer: District's Remedies. In the event of a breach of any of the
terms and conditions of this Agreement by Developer, the District Board of Directors
(hereinafter the "Board") shall be notified immediately, and the District may take such action
as the District deems necessary to protect the public health, safety, and welfare; to protect lot
buyers and builders; and to protect the users of District facilities from hardship. In addition to
all other remedies available at law, the District may:
a. Refuse to approve plans and specifications for, or construction and installation of,
water and sewer facilities; provided, however, that this remedy shall not be
available to the District until after the affidavit described in Paragraph (b), below,
has been recorded;
b. Record with the Eagle and Garfield County Clerk and Recorder an affidavit,
approved in writing by the Board, and signed by the Chairman of the Board or
any Board member, stating that the terms and conditions of this Agreement have
been breached by Developer. At the next regularly scheduled Board meeting, the
Board shall either approve the filing of said affidavit or direct a District
representative to file an affidavit stating that the default has been cured. Upon
the recording of such an affidavit, no further District services or assistance will
be provided in connection with the Dakota Subdivision until the default has been
cured; an affidavit signed by the Chairman of the Board or any Board member
and approved by the Board stating that the default has been cured shall remove
this restriction;
c. Demand that the security given for the completion of the improvements be paid
or honored; and/or
M
d. Refuse to provide services to the Dakota Subdivision.
Unless necessary to protect the immediate health, safety, and welfare of the District users, the
District shall provide Developer ten (10) days' written notice of its intent to take any action
under this paragraph during which ten-day period Developer may cure the breach described in
said notice and prevent further action by the District. Furthermore, unless an affidavit as
described in Paragraph (b), above, has been recorded with the appropriate County Clerk and
Recorder, any person dealing with Developer shall be entitled to assume that no default by
Developer has occurred hereunder unless a notice of default has been served upon Developer
as described above, in which event Developer shall be expressly responsible for informing any
such third party of the District's claim of default.
19. Assignment. This Agreement may not be assigned by Developer without the prior
written consent of the District, which consent shall not be unreasonably withheld. In the event
that Developer desires to assign their rights and obligations herein, they shall so notify the
o District in writing, together with the proposed assignee's written agreement to be bound by the
to
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terms and conditions contained herein.
20. Indemnification. Developer agrees to indemnify and hold the District harmless
from any and all claims or losses of any nature whatsoever incurred by the District resulting
from construction and/or installation of improvements on the Property, for the dedication of
easements to the District, and for any reimbursement agreements as stated or referred to herein.
The Developer agrees the covenants for the Property shall include a provision which holds the
District harmless from any damages or liability resulting from the failure of the lift station
serving the Property, except in the event of the District's willful or wanton negligence. This
indemnification shall include actual attorneys' fees incurred in the event that any party brings
an action against the District for any of the approvals or dedications described herein. The
parties hereto intend not to duplicate any legal services or other costs associated with the defense
of any claims against either party described in this section. Therefore, the parties hereto agree
to cooperate in full to prevent duplicative expenses incurred as a result of the indemnification
herein described.
21. Nuisance Waiver and Release. By executing this Agreement, Developer, on
behalf of itself, its successors, assigns, heirs, devisees, or transferees, hereby waives and
releases any and all rights it may have to assert, aver, allege, or otherwise claim that the
District's sewer plant is or may hereafter be a nuisance, so long as said plant is in compliance
with federal and state law. Further, Developer on behalf of itself, its successors, assigns, heirs,
devisees, or transferees, agrees not to oppose, contest, or object to the District's future
expansion of water and sewer services or other reasonable future uses of the sewer plant,
whether the District uses the same treatment process(es) or other processes. This restriction,
waiver, and release shall be a covenant running with the land and, in the event that the Property
is subdivided, this restriction shall be a covenant running with each parcel thereby created, and
shall be binding upon the owners of each parcel. Further, Developer agrees to provide notice
of this restriction, waiver, and release in the covenants and on the plat for the Dakota
Subdivision.
22. Notice. This Agreement shall constitute actual notice to any and all future users
of District services on the Property, and all owners, tenants, or other persons who occupy units
or reside upon the Property of the terms and conditions herein.
23. Covenants in This Agreement. The parties agree and intend that this Agreement
shall run with the property described in Exhibit A, attached hereto, and be a burden and
covenant on that property.
24. Waiver of Defects. In executing this Agreement, Developer waives all objections
it may have concerning defects, if any, in the formalities whereby it is executed, or concerning
the power of the District to impose conditions on Developer as set forth herein, and concerning
the procedure, substance, and form of the ordinances or resolutions adopting this Agreement.
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25. Release of Liability. It is expressly understood that the District cannot be legally
bound by the representations of any of its officers or agents or their designees except in
accordance with the Rules and Regulations and local, state, and federal laws, and that
Developer, when dealing with the District, act at their own risk as to any representation or
undertaking by the District officers or agents or their designees which is subsequently held
unlawful by a court of law.
26. Captions. The captions in this Agreement are inserted only for the purpose of
convenient reference and in no way define, limit, or prescribe the scope or intent of this
Agreement or any part thereof.
27. Invalid Provision. If any provision of this Agreement shall be determined to be
void by any court of competent jurisdiction, then such determination shall not affect any other
provision hereof, all of which other provisions shall remain in full force and effect, and such
void provision shall be replaced with a valid provision which most closely sets forth the
intentions of the parties. It is the intention of the parties hereto that if any provision of this
Agreement is capable of two constructions, one of which would render the provision void, and
the other of which would render the provision valid, then the provision shall have the meaning
cx, which renders it valid.
0
28. Governing Law. The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party institute legal suit or
action for enforcement of any obligation contained herein, it is agreed that the venue of such suit
or action shall be in Eagle County or Garfield County, Colorado, as may be appropriate under
M applicable law.
0 29. Complete Agreement. This Agreement constitutes the entire and complete
agreement of the parties on the subject matter herein. No promise or undertaking has been made
by any party, and no understanding exists with respect to the transaction herein contemplated,
0 except as expressly set forth herein. All prior and contemporaneous negotiations and
understandings between the parties are embodied and merged into this Agreement. Any
modification or amendment must be in a written form and executed in the same manner as this
Agreement.
30. Attorney Fees, Costs. In the event that either party deems it necessary to pursue
litigation to enforce any provision of this Agreement, the prevailing party shall be entitled to
reasonable attorney fees and costs of suit actually incurred in such litigation.
31. Binding. This Agreement shall be binding upon and inure to the benefit of the
parties and their assigns and successors in interest.
0
32. Counterparts. This Line Extension Agreement may be executed in duplicate
0 original counterparts, each of which shall constitute an original, but all of which shall constitute
F:\FILES\MVMD5.2AG
October 18, 1994
-11-
8(104)919:1r:856
one and the same document.
33. Notices. All notices, requests, demands, consents, and other communications
pertaining to this Agreement shall be transmitted in writing and shall be deemed duly given when
received by the parties at their addresses below or any subsequent addresses provided to the
other party in writing.
Notice to Developer:
Notice to District:
With copy to:
Dakota Partners, L.L.C.
c/o Ed Podolak
2227 Emma Road
Basalt, CO 81621
Mid Valley Metropolitan District
0031 Duroux Lane, Suite A
Basalt, CO 81621
Leavenworth & Caloia, P.C.
P. O. Drawer 2030
Glenwood Springs, CO 81602
34. Authority. Each person executing this Agreement represents and warrants that
he or she has been duly authorized by one of the parties to execute this Agreement and has
authority to bind said party to the terms and conditions hereof.
IN WITNESS WHEREOF, the District and Developer have caused this Line Extension
Agreement to be executed on the day and year adjacent to their respective signatures.
Date: i D ', '9'1"
Date: %v ve- 9
F:\F1LES\MVMD5.2AG
October 18, 1994
By
By
-12-
VALLEY METROPOLITAN DISTRICT
Chairman ?
k„,A &A ��
STATE OF COLORADO )
) ss.
COUNTY OF
Acknowledged, subscribed,
1994, by La..�
as Secretary, on behalf of the Mid
BOCK0919rv•857
44 -
and sworn to before me this ( day
, as Chairman, and by
Valley Metropolitan District.
WITNESS my hand and official seal.
My Commission expires: C) --I 2:4'6
STATE OF COLORADO
ss.
COUNTY OF' -0x-
of (*al. -a -C ,
Ik..-Z7 el.,�,,.-Kms✓`",
4 Wi Ld?. (k ,k2.-- Je) :�--
No Public
Acknowledged, subscribed, and sworn to before me this (S- day ofZ�5 ,
1994, by Ed Podolak, `M a:4..a?4--, of Dakota Partners, L.L.C.
0 6 •
WITNESS my hand and official seal.
My Commission expires: c:,--5-13
F:\FJJ FS\MVMD5.2AG
October 18, 1994
-13-
Notary\Putblic
C
. (
Recorded at Reception �o7 o'c1 79 M JAN 2 6 tag, g)/(k
.376�7MiLD ED ALSDORF, RECORDER BOCV,O929.'itri843
�.
GARFI► LD COUNTY, COLORADO
ADDENDUM TO LINE EXTENSION AGREEMENT
THIS ADDENDUM TO LINE EXTENSION AGREEMENT is made and entered into
by and between the MID VALLEY METROPOLITAN DISTRICT, a Colorado special district
(hereinafter "District"), and DAKOTA PARTNERS, L.L.C., a Colorado limited liability
company (hereinafter referred to as "Developer"):
WITNESSETH:
WHEREAS, the District is a Colorado special district formed and functioning by the
authority of C.R.S. §32-1-101 gl seq., providing potable water and sanitary sewer service for
'J'J the area around El Jebel, Colorado, in which Developer intends to develop certain real property;
and
is
WHEREAS, the Developer is the owner of real property situate in the Counties of Eagle
and Garfield, State of Colorado, generally shown on Exhibit A (1-4), attached hereto and
incorporated herein by this reference (hereinafter the "Property"); and
WHEREAS, the parties previously entered into a Line Extension Agreement on October
18, 1994, recorded as Reception No. 469850, Book 919, Page 845, in the Office of the Garfield
County Clerk and Recorder; and recorded as Reception No. 550510, Book 654, Page 475, in
the Office of the Eagle County Clerk and Recorder; and
WHEREAS, the parties desire to enter into this Addendum to Line Extension Agreement
for the purposes set forth herein; and
WHEREAS, Developer intends to construct a raw water irrigation system on the
Property, to be used for all outside landscaping and lawn and garden irrigation; and
WHEREAS, in consideration for the construction of the raw water irrigation system,
Developer shall be entitled to a percentage reduction in the water tap fees due pursuant to the
Line Extension Agreement previously entered into between the parties; and
WHEREAS, Developer acknowledges that execution of this Addendum does not
constitute a waiver of the District's right to any other payments or penalties due under the Line
Extension Agreement.
NOW, THEREFORE, for and in consideration of mutual covenants and agreements of
the parties, and other good and valuable consideration, the adequacy and sufficiency of which
is hereby acknowledged, the parties agree as follows:
F:\FILES\MVMD1.2AD
December 20, 1994
555687 B-659 P-657 01/19/95 03:04P PG 1 OF 8
Sara J. Fisher Eagle County Clerk & Recorder
REC DOC
40.00
JUd V a It y rn 2),<4.14 -,LF, 004/ b.60.0-4�i`}' / <- eo 69/6,24
BriG4O929-'m 844
1. Water Tap Fee Reduction. In accordance with Paragraph 16 of the Line
Extension Agreement and in consideration of the Developer's agreement to install a raw water
irrigation system on the Property, the District agrees to reduce the water tap fees within the
Dakota Subdivision and the Eagle Dakota Subdivision by twenty-five percent (25 %) from the
then applicable price, for all taps purchased within those subdivisions.
At this time, the standard District tap fee is $6,500 per EQR, forty percent (40%) of
which fee, or $2,600 (per EQR), is for water service, and the remaining sixty percent (60%),
or $3,900 (per EQR), is for sewer service. The percentage reduction of twenty-five percent
(25 %) set forth in this Addendum applies solely to the reduction of that portion of the tap fee
allocated for water service. Thus, for the standard tap fee of $6,500, the reduction would equal
twenty-five percent (25 %) of $2,600, or $650 per EQR. The schedule of fees set forth in the
System Development Fee Purchase Agreement as Exhibit C, is hereby amended to reflect the
twenty-five percent (25 %) reduction in water tap fees pursuant to this Addendum. Said twenty-
five percent (25 %) reduction applies solely to that portion of the total fee applicable to water
taps, which is forty percent (40%) of the total fee due at any given time under the schedule.
Developer agrees that construction of the raw water irrigation system must be completed
and the system must be operational prior to the commencement of any potable water service for
residential occupancy purposes by the District to the Property within Phase I and Phase II,
respectively, of the development.
2. Water Rights Dedication Fees. The requirements for dedication of water rights
by the Developer to the District in Paragraph 15 of the Line Extension Agreement, refer solely
to Phase I of the development, which consists of 23 single-family lots. Upon the commencement
of construction of public improvements on Phase II, which at this time is proposed to consist of
50 multi -family units, a water rights dedication fee of $30 per EQR will be due to the District.
In no event shall water service to any multi -family units be connected prior to the payment of
such water rights dedication fees by the Developer.
3. Express Condition. The reduction of water tap fees authorized by this Addendum
is expressly conditioned on the actual construction and completion of the raw water irrigation
system by the Developer within the time frame set forth in Paragraph 2, above. In the event
that the raw water irrigation system is not constructed by the Developer as agreed, this
Addendurn and the reduction of water taps fees effectuated herein shall be null and void and
shall have no further force and effect.
4. Ratification. Except as expressly modified herein, the parties hereby ratify and
incorporate the terms of the Line Extension Agreement previously executed.
F: \FILES\MVMD 1.2AD
December 20, 1994
-2-
555687 B-659 P-657 01/19/95 03:04P PG 2 OF 8
800(0929w;845
IN WITNESS WHEREOF, the District and Developer have caused this Addendum to
Line Extension Agreement to be executed on the day and year adjacent to their respective
signatures.
Date: By
ATTEST:
Secretary
Date: /- 5 zr By
MID VALLEY METROPOLITAN DISTRICT
Chairman
DAKOTA PART ►' , L.L.C.
Podo
555687 B-659 P-657 01/19/95 03:04P PG 3 OF 8
F:TILES \MVMD1.2AD
December 20, 1994
-3-
STATE OF COLORADO )
) ss.
COUNTY OF G.LE )
Acknowledged, subscribed,
1994, by Lerz,14,.
as Secretary, on behalf of the Mid
H0)(09291,44;846
and sworn to before me this v0day of ,
, as Chairman, and by SNS
Valley Metropolitan District.
WITNESS my hand and official seal.
My Commission expires: S --q`171
STATE OF COLORADO
) ss.
COUNTY OF
Acknowledged, subscribed, and sworn to before me this 5 day of Jgii-a.y ,
1994, by Ed Podolak, of Dakota Partners, L.L.C.
WITNESS my hand and official seal.
My Commission expires:
i/7/gam
555687 B-659 P-657 01/19/95 03:04P PG 4
F:\FILES\MVMD1.2AD
December 20, 1994
-4-
OF 8
EXHIBIT A-1
PROPERTY DESCRIPTION
LOT 1
— 81104)9291v; 847
APARCEL OFIN THESITUATED
SE /4NW1/4NE1/4 OF SECTION 331/4 H
TOWNSHIP
sE1/4, THE
S1/2NE1/4 AND7
GE 87
PRINCIPAL
SOUTH, INSTATE OF WEST
COLORADO;RADOE SAID SIXTH
MERIDIAN, PARCEL BEINGMORE PARTICULARLY GARFIELD,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33, A BRASS CAP
IN PLACE; THENCE N 55°51'58" W 2933.95 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF OLD STATE HIGHWAY NO. 82, SAID POINT ALSO
BEING ON THE EASTERLY LINE OF GARFIELD COUNTY, THE TRUE POINT OF
BEGIt11INSzi THENCE LEAVING SAID EASTERLY LINE N 72°10'33" W ALONG
SAID NORTHERLY RIGHT-OF-WAY. 1030.69 FEET TO THE SOUTHEAST CORNER OF
THAT PROPERTY DESCRIBED IN RECEPTION NO. 205501 OF THE GARFIELD
COUNTY CLERK AND RECORDER'S OFFICE; THENCE LEAVING SAID NORTHERLY
RIGHT-OF-WAY N O1°28'48" E ALONG THE EASTERLY LINE OF SAID
RECEPTION .NO. 205501 614.51 FEET TO A POINT ON THE SOUTHERLY RIGHT -
OF --WAY OF NEW HIGHWAY 82; THENCE LEAVING SAID EASTERLY LINE ALONG
THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2774.79 FEET AND
A CENTRAL ANGLE OF 13°21'34", A DISTANCE OF 646.99 FEET (CHORD
BEAMS S 64°00'50" E 645.52 FEET); THENCE CONTINUING ALONG SAID
SOUTHERLY RIGHT-OF-WAY S 51046'25" E 253.64 FEET; THENCE CONTINUING;
ALONG SAID SOUTHERLY RIGHT-OF
SAID GARFIELD COUNTY; THENCE LEAVING;
0.70 FEET TO A
POINT ON THE EASTERLY LINE OF
SAID SOUTHERLY RIGHT-OF-WAY S 00°00'20" W ALONG SAID EASTERLY LINE'
353.34 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING
11.761 ACRES, MORE OR LESS.
93097.01
DECEMBER 10, 1993
555687 B-659 P-657 01/19/95 03:04P PG 5 OF 8
EXHIBIT A-2
Bno10929848
PROPERTY DESCRIPTION
LOT 2
A PARCEL OF LAND SITUATED IN LOTS 4 AND 6, THE NW1/4SE1/4, THE
S1/2NE1/4 AND IN THE SE1/4NW1/4NE1/4 OF SECTION 33, TOWNSHIP 7
OF
SOUTH, RANGE 87 ST OF THCOLORADOE SAID PRINCIPAL MERIDIAN, PARCEL BEING MORE PARTICULARLY
GARFIELD,
S
STATE OF
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTH EAST OCORNE of SAID
72 FEETSECTION
A 33,
, A BRASS
THE
CAP
IN PLACE; THENCE N 47
NORTHERLY RIGHT -OF --WAY OF NEW STATE HIGHWAY NO. 82, ALSO
`TRUE SAID POINT AA OF
BEING ON THE EASTERLY LINE OF GARFIELD COUNTY, �'
BEGINNING; THENCE LEAVING SAID EASTERLY LINE
N 53040'18"
W ALONG
ALONG
SAID NORTHERLY RIGHT-OF-WAY 91.02 FEET] THENCE
CW 65 EET;
NG
SAID NORTHERLY SAID R GHT OF WAY°ALONG'THE ARC.OF AF CURVE TO THE
CONTINUING ALONG
LEFT HAVING A RADIUS _OF 2964.79 FEET AND A CENTRAL
AN LE OF
15°27'09", A DISTANCE OF 799.59 FEET (CHORD BEA
S N 797.17 FEET) TO A POINT 0N THE 205501 OFTERLY LINE OF THAT THEGARFIELD COUNTY CLERKEAND
DESCRIBED IN RECEPTION NO.
THERLY
RECORDER'S OFFICE; THENCE LEAVING SAID OF SAZDRRECEPTIONINOT 205501
N 01°28'48" E ALONG THE EASTERLY LINE LINE OF
1077.51 FEET; THENCE N 89°39'16" ET ALONG
THETHE NORTHWESTRLY CORNER OF THADT
RECEPTION NO. 205501 828.51FEET
PROPERTY DESCRIBED IN RECEPTION
434184 OF THE %,EAVING SAID G SOUTHERLY ARFIELD OLINE
CLERK AND RECORDER'S OFFICE; THENCE
S 15°29'05" W ALONG THE W E ALONG THE Y LINE OF (D SOUTHERLY RECEPTION
NO.
OF3 SAID
59.90 FEET; THENCE S 61°18'35"
RECEPTION NO. 434184 137.03S 00°00T,200 W (NT ON THE EASTERLY ALONG SAID EASTERLY CLINE
GARFIELDE OF
� COUNTY; THENCE
1492.72 FEET TO THETRUE POINT' OF BEGINNING; SAID PARCEL CONTAINING
28.331 ACRES, MORE OR LESS.
93097.01
DECEMBER 10, 1993
555687 B-659 P-657 01/19/95 03:04P PG 6 OF 8
EXHIBIT A-4
j�g;1 D:sgri�ti2n
enoi 929- �, 849
A tract of land situated in the SS NIS of Section 33, Township 7 South, Rangy 87
west of th. 6th Principal lieridian, )a91• Count , Colorado, lying easterly of and
adjacent to th. westerly boundary line of Lag:+ County, Colorado. and h.ing morn
particularly described as follows:
2,ginning at a point on the Northerly boundary line of the S1 N14 of said section
33 whence a brass sap found in place and.proporly marked for the southeast Corner
of said Section 33 bears s 27'02'03"E. 4440.21 :vat, thence 5 18°43'24" W 520.69
feet/ thence N 75'26'24" W 136.88 feet; thence N 84°00'15" W 129.18 feet: thenen
N 29°01'59" W 2.02 foot to a point on tho Wootorly boundary lino of Lag1s County,
Colorado: thoneo N 00°00'20" t 386.02 feet along the W.otorly boundary line of
Eagle County, Colorado to a point on tho Northerly boundary line of tho Shy NE4
of paid Scction 33/ thcnco N 69.39'07" t 410,13 test along tho Northerly boundary
line of the S1 NEll of said Section 33 to the point of boginning, containing 3.df,
scree moro or loop, together with and subject to an oaoomont and right-of-way 20
fest in width extending from the Sunnyside Spring as dQscribod in Ruling entered
June 23, 1981 in Cas. No. 80CW351 in and for Wntar Divloion No. 5, State of
Colorado, which easement and right-of-way shall be for purposes of installation,
upkoop, maintenanco, repair and replacement of saidapring and of a water supply
lin• extending from said spring to the above described tract and ovor and acroa;
aped tract to tho point or pointe of use of water from said spring on said tract
and on adjacent property having water righta in acid opeing7 and togothor wtFh
a 30 foot wide access easement/
ZXC2DT any portion thereof lying within that tract of land conveyed by Robert 4
Cloria H. Arnold to Colorado -Uta Electric Aeoociation, Inc. by dood rocord•d
Septombor 12, 1980 in Book 309 at Page 181/
AND
A tract of land situated in the SWk NY% of Suction 33, Township 7 South, RangQ
87 West of the 6th Principal Meridian, rfiold Count , Colorado, lying wectorly
of and adjacent to the Easterly boundary 1 no of said Carfi•ld County, and botnq
more particularly described as follows'
9eginning at a point on said Eaotorly boundary line of Garfield County whence a
brass cap found in place and properly marked for the Southeast Corner of said
Section 33 bears S 32°13'25" E 4354.00 fast: thoraco i 00°00'20" W 124.13 feet
along said rasterly boundary line of Carfiold County: thcnco N 61°18'33" W 137.03
fent/ thence N 15°20'01" E 50.89 feat; thence N 89'39'07" E 104.23 feet to the
point of beginning, containing 0.24 acres more or lean.
-
o f pbotogfr.
plot the fauat of ,.;-iia
555687 B-659 P-657 01/19/95 03:04P PG 7 OF 8
BOOK0929;': 850
EXHIBIT A-3
PROPERTY DESCRIPTION
LOT 3
A PARCEL OF LAND SITUATED IN LOTS 4 AND 6, THE NW1/4sE1/4, THE
51/2NE1/4 AND IN THE SE1/4NW1/4NE1/4 OF SECTION 33, TOWNSHIP 7
SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
EAGLE, STATE OF COLORADO; -SAID PARCEL•BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33, A BRASS CAP
IN PLACE; THENCE N 30052144" W 3453.72 FEET TO A POINT ON THE
WESTERLY LINE OF BLUE LAKE P.U.D., SAID POINT ALSO BEING THE
NORTHEAST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 439189
OF THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID WESTERLY LINE N 77°11'26" W ALONG
THE NORTHERLY LINE OF SAID RECEPTION NO, 439189 572.38 FEET; THENCE
CONTINUING ALONG SAID NORTHERLY LINE S 38°08'04" W 158.25 FEET TO
A POINT ON THE WESTERLY LINE OF EAGLE COUNTY; THENCE N 00°00'20" E
ALONG THE WESTERLY LINE OF EAGLE COUNTY 598.79 FEET TO THE
SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 254334
OF THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE; THENCE LEAVING
SAID WESTERLY LINE S 58°00'15" E ALONG THE SOUTHERLY LINE OF SAID
RECEPTION NO. 254334 130.34 FEET; THENCE CONTINUING ALONG SAID
SOUTHERLY LINE S 75°26'24" E 136.88 FEET; THENCE N 18°43'24" E
ALONG THE EASTERLY LINE OF SAID RECEPTION NO. 254334 520.69 FEET TO
THE NORTHEAST CORNER OF SAID RECEPTION NO. 254334; THENCE
N 00°39'52" E 663.47 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT
PROPERTY DESCRIBED IN RECEPTION NO. 495345; THENCE N 89°42'51" E
ALONG SAID SOUTHERLY LINE 237.95 FEET TO THE NORTHWEST CORNER OF
BLUE LAKE P.U.D.; THENCE LEAVING SAID SOUTHERLY LINE S 00°00'01" W
1655.49 FEET TO THE TRUE •PAINT OF BEGINNING; SAID PARCEL CONTAINING
14.175 ACRES,,MORE OR LESS.
EXCEPTING FROM THE ABOVE DESCRIBED LOT THAT PORTION OF RECEPTION
NO. 205501 AS RECORDED IN THE GARFIELD COUNTY CLERK AND RECORDER'S
OFFICE WHICH AFFECTS SAID LOT; SAID EXCEPTION CONTAINING 0.604
ACRES, MORE OR LESS.
SAID PARCEL CONTAINING A NET ACREAGE OF 13.571.
93097.01
DECEMBER 10, 1993
555687 B-659 P-657 01/19/95 03:04P PG 8 OF 8
•
v
'f
•
: 4,.4i
•J
M
st
48.0990 B-947 P-806 07/25/95 01:55P PG 1 OF 4 REC DOC NOT
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 21.00
SECOND ADDENDUM TO LINE EXTENSION AGREEMENT
THIS SECOND ADDENDUM TO LINE EXTENSION AGREEMENT (hereinafter
"Second Addendum") is made and entered into by and between the MID VALLEY
METROPOLITAN DISTRICT, a Colorado special district (hereinafter "District"), and
DAKOTA PARTNERS, L.L.C., a Colorado limited liability company (hereinafter referred to
as "Developer");
WITNESSETH:
WHEREAS, the District is a Colorado special district formed and functioning by the
authority of C.R.S. §32-1-101 el seq., providing potable water and sanitary sewer service for
the area around El Jebel, Colorado, in Garfield and Eagle Counties, in which Developer intends
to develop certain real property; and
rf,UO ._ '
t`r'IIF1zx�.S, tL I�e�d��x�<r�er is t:��, c. -.er of r. ; �xcy s:.�.aLc i,;r t:�,. �:.. � :1C..s of Eagle
a_nd Garfield, State of Colnr?do, generally shown on Exhibit A (1-4), attached hereto and
incorporated herein by this reference (hereinafter the "Property"); and
WHEREAS, the parties previously entered into a Line Extension Agreement on October
18, 1994, recorded as Reception No. 469850, Book 919, Page 845, in the Office of the Garfield
County Clerk and Recorder; and recorded as Reception No. 550510, Book 654, Page 475, in
the Office of the Eagle County Clerk and Recorder; and
WHEREAS, the parties previously executed an Addendum to Line Extension Agreement
on January 5, 1995, recorded as Reception No. 473767 in Book 929 at Page 843 in the Office
of the Garfield County Clerk and Recorder, and recorded as Reception No. 555687 in Book 659
at Page 657 in the Office of the Eagle County Clerk and Recorder; and
WHEREAS, the District, in anticipation of future extensions of its lines to the west of
the Property, desires to obtain from the Developer an easement for such utility access, which
easement shall be conveyed by the Developer upon request by the District, in a location and
width mutually agreed upon by the parties; and
WHEREAS, under the District's Rules and Regulations, the Board is authorized to
require developers to extend water and sewer lines to a location which allows future extensions
of the lines to adjacent properties; and
WHEREAS, the owner of the Arnold Island parcel, located south of the Property, has
no current plans to develop that parcel and, thus, it is not necessary for the District to require
the Developer to extend the water and sewer lines to the south boundary of the Property at the
present time; and
57000 $- 73 P-99 Q8/)7195 0M 28 EGRecorder4 Z1C00 DOC
Sara J. Fie er ag e ounty ler
F:\FILES\MVMDA.IAG
July 18. 1995
c;4A41/* f1 r a d
G S ('o (F'& oZ
• 990 B-947 P-807 07/25/95 01:55P PG 2 OF 4
WHEREAS, the owner of the Arnold Island parcel has agreed, in a separate agreement
with the Developer, to pay for or reimburse Developer for any such extension of the lines to the
south, at the time such extension occurs; and
WHEREAS, the District desires to allow the Developer to stub out the water and sewer
lines on the Property near the private road on Dakota Loop, in lieu of extending the lines to the
southern boundary of the Property, in exchange for the grant of an easement by the Developer
for future extensions of such lines by the District, or a third party; and
WHEREAS, the parties desire to enter into this Second Addendum for the purposes set
forth herein; and
WHEREAS, Developer acknowledges that the execution of this Second Addendum does
Lot constitute a waiver of the District's rights and o- the Line Extension Agreement, or the
Addendum to Line Extension Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
of the parties, and other good and valuable consideration, the adequacy and sufficiency of which
is hereby acknowledged, the parties agree as follows:
1. West Utility Easement. Upon request by the District, Develor:r agrees to grant
to the District, without any consideration required therefor, a general utility easement for the
purpose of future extensions of the District's water and sewer service lines to the parcel located
west of the Property, the width and location of such easement to be mutually agreed upon by
the parties, approval for which shall not be unreasonably withheld. The parties agree that the
location of the easement is not limited to the location of the easement presently shown on the
final plat, and the District may request an alternate location, provided, however, such location
shall between the structures (constructed or proposed to be constructed) in the common areas
owned by the townhome association. The parties shall mutually agree on the most suitable
location of the easement, which agreement shall not be unreasonably withheld. The easement
granted herein shall not interfere with structures constructed, or proposed to be constructed on
the Property in a location determined by the Developer, in its sole discretion.
2. Stub Out of Existing Lines. Developer hereby agrees to extend the existing water
and sewer line beneath the paved private road on Dakota Loop, and to stub out such lines on the
south side of such road, in a location approved by the District's engineer, for future extension
of the District's lines to the south. Compliance with this provision by Developer shall satisfy
the requirements of Section 8.09 of the District's Rules and Regulations.
3. South Utility Easement. Upon request by the District, Developer agrees to grant
to the District, without any c ns?rieration required therefor, a general utility easement for the
purpose of future extensions of the District's water and sewer service lines from the stub outs
constructed pursuant to paragraph 2, to the south boundary line of the Property, the width and
F:\FILES\MVMDA.IAG
July 18, 1995
•
-2-
570009 B-673 P-993 08/17/95 04:28P PG 2 OF 4
.'0990 B-947 P-808 07/25/95 01:55P PG 3 OF 4
location of such easement to be mutually agreed upon by the parties, approval for which shall
not be unreasonably withheld. The easement granted herein shall not interfere with structures
constructed, or proposed to be constructed on the Property in a location determined by the
Developer, in its sole discretion.
4.onve ance of Easements. The easements oescribed in Paragraphs 1 and 3 shall
be conveyed to the District by special warranty deed, free and clear of all liens and
encumbrances which would interfere, as determined by the District, with the District's use of
the easement.
5. Expiration of Option. If the District fails to request the easements described in
paragraphs 1 and 3, above, within a period of twenty-one (21) years from the date of execution
of this Second Addendum, such right will be extinguished, and Paragraphs 1 and 3 shall
automatically lapse and have no further force and effect.
6. Extension of Service to Arnold Island Parcel. The future extension of the water
and sewer service lines to the south, under Highway 82 to access the Arnold Island parcel, shall
be paid for by the owner of the Arnold Island parcel.
•
7. Effect of Easements. The provisions of this Second Addendum, and the
easements conveyed hereunder shall run with the land, and shall be binding upon successive
owners of the Property.
8. R4tification. Except as expressly modified herein, the parties ratify and
incorporate the terms of the Line Extension Agreernent and Addendum to Line Extension
Agreement previously executed.
IN WITNESS WHEREOF, the District and Developer have caused this Second
Addendum to Line Extension Agreement to be executed on the day and year adjacent to their
respective signatures.
Date:
ATTEST:
By
Secretary
F:\FILES\MVMDA.IAG
July 18, 1995
-3-
MID VALLEY METROPOLITAN DISTRICT
Chairman
570009 B-673 P-993 08/17/95 04:28P PG 3 OF 4
MID VALLEY METROPOLITAN DISTRICT
DAKOTA AND EAGLE -DAKOTA SUBDIVISIONS
THIRD ADDENDUM TO LINE EXTENSION AGREEMENT
THIS THIRD ADDENDUM TO LINE EXTENSION AGREEMENT is made and
entered into by and between the MID VALLEY METROPOLITAN DISTRICT, a Colorado
special district (hereinafter "District"), and DAKOTA PARTNERS, L.L.C., a Colorado limited
liability company (hereinafter "Developer"), and DAKOTA TOWNHOMES, L.L.C., a Colorado
limited liability company (hereinafter "Dakota");
WITNESSETH:
WHEREAS, the District is a Colorado special district formed and functioning by the
authority of C.R.S. §32-1-101 et seq., providing potable water and sanitary sewer service in
Garfield and Eagle Counties, State of Colorado; and
WHEREAS, the Developer and the District previously entered into a Line Extension
Agreement for the Dakota and Eagle -Dakota Subdivision on October 18, 1994, recorded as
Reception No. 469850 in Book 919 at Page 845 in the office of the Garfield County Clerk and
Recorder, and recorded as Reception No. 550510 in Book 654 at Page 475 in the office of the
Eagle County Clerk and Recorder; and
WHEREAS, the Developer and the District previously executed an Addendum to Line
Extension Agreement on January 5, 1995, recorded as Reception No. 473767 in Book 929 at
Page 843 in the office of the Garfield County Clerk and Recorder, and recorded as Reception
No. 555687 in Book 659 at Page 657 in the office of the Eagle County Clerk and Recorder; and
WHEREAS, the District and Developer previously executed a Second Addendum to Line
Extension Agreement on July 18, 1995, recorded as Reception No. 480990 in Book 947 at Page
806 in the office of the Garfield County Clerk and Recorder, and recorded as Reception No.
570009 in Book 673 at Page 993 in the office of the Eagle County Clerk and Recorder; and
WHEREAS, the Developer has sold and conveyed Tract A, Dakota Subdivision, to
Dakota Townhomes, L.L.C. ("Dakota"); and
WHEREAS, Dakota intends to modify the development of Tract A, which will require
the removal and reinstallation of water and sewer service lines on Tract A, and a modification
of the plans and specifications for such lines; and
WHEREAS, the parties desire to amend the previous Line. Extension Agreements to
incorporate these modifications to the plans and specifications for Tract A; and
WHEREAS, the District and the Developer desire to set forth their agreement concerning
the District's use of raw water from Developer's raw water irrigation system on the property.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
of the parties, and other good and valuable consideration, the adequacy and sufficiency of which
is hereby acknowledged, the parties agree as follows:
1. Modification of Existing Lines. Prior to the removal and reinstallation of any of
the service lines existing on Tract A, Dakota shall submit revised plans and specifications to the
District for review and approval by the District's engineer. As currently proposed, the change
from townhome units to duplex units on Tract A will not result in an increased EQR value for
the property and, therefore, Dakota is not required to pay any additional water or sewer tap fees
or water rights dedication fees at this time.
2. Ownership and Maintenance of Abandoned Lines. The proposed revisions to
Tract A require the abandonment by Developer of four (4) existing water service lines and six
(6) sewer service lines. The as -built drawings for Tract A required pursuant to paragraph 5,
below, shall contain a map of the location of all abandoned water and sewer service lines.
Developer, and subsequently the Dakota/Eagle-Dakota Homeowner's Association
("Association"), shall own, maintain and repair the abandoned lines, which obligation shall be
noted on the final plat and in the covenants. The Developer shall relocate the curb stops into
the existing District right-of-way, or in the alternative, Developer may, in its discretion, grant
the District additional easements for this purpose. Water service lines may be teed together in
pairs where practicable; provided, however, any stand-alone water service lines shall be
abandoned at the main line by shutting off the corporation valve, and removing the curb box.
In the latter event, the Developer or the Association's obligation for repair and maintenance of
said abandoned water lines shall extend only from the corporation stop to the structure(s). In
the event of a leak in an abandoned line, the Developer or the Association shall reimburse the
District for the cost of diagnostic testing used to discover and locate the leak. The cost to repair
leaks in the abandoned lines shall be the sole obligation of Developer or the Association.
Developer's obligations under this paragraph shall be assigned by Developer to the Association
upon its formation; provided, however, the District will not accept the new water and sewer
service lines contemplated under this Agreement until receipt of the Association's written consent
to be bound by the provisions of this paragraph. At such time as said assignment has been
accepted, the Developer shall provide notice of such written assignment and acceptance to the
District.
3. Raw Water Irrigation Taps. In consideration for this Agreement, the Developer
agrees to grant to the District, at no cost for such connection, such tap or taps onto the
Developer's raw water irrigation system as may be necessary for the irrigation of the District's
sewer plant site located adjacent to the Developer's property. Developer agrees to grant the
District such easements as are necessary to allow the District to tap onto the system. The
District shall be entitled to use reasonable quantities of raw water, without waste, from the
system free of charge, without payment of operation, maintenance, repair, or replacement
charges. The District shall initially use the raw water for a drip irrigation system of landscaping
adjacent to the District's service building, and later for sprinkler irrigation on the District's
sewer plant property, not to exceed a total of one-half (1/2) acre. The District shall not be
entitled to utilize Developer's raw water system until such time as the pressurized raw water
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irrigation system being installed by Dakota is operational, which is expected to occur during the
summer of 1996. Developer's obligations under this paragraph shall be assigned by Developer
to the homeowners association formed by Developer, which association covers the single-family
homes within the Dakota and Eagle -Dakota Subdivisions; provided, however, said association
shall agree in writing to be bound by the provisions of this paragraph. At such time as said
assignment has been accepted, the Developer shall provide notice of such written assignment and
acceptance to the District.
4. Operation of Raw Water System. Developer agrees to use best efforts to operate
and maintain the raw water irrigation system in a good working -manner; provided, however,
Developer shall not be liable to the District for any loss or damage incurred due to a failure or
interruption of the system, so long as the Developer attempts in good faith to restore the system
to an operational condition in a timely manner.
5. Final Plat Review. Prior to its recording, Dakota shall allow the District to
review and approve the amended final plat for Tract A to determine that sufficient easements
exist for the District to operate and maintain water and sewer lines which will be located on
Tract A and to allow for future line extensions, as contemplated by the Second Addendum to
Line Extension Agreement.
6. Deposit for As-Builts. Simultaneously with the execution of this Agreement,
Dakota shall pay to the District a deposit in the amount of One Thousand Dollars ($1,000.00)
to guarantee that Dakota will provide the District with as -built drawings for Tract A upon the
completion of installation of the water and sewer lines on Tract A. Upon receipt of such as -built
drawings, and review and approval by the District's engineer, the District shall return the
$1,000.00 deposit required hereunder.
7. No Improvements in Easements. This Agreement shall constitute express notice
to the property owners within Tract A that District water and sewer line easements may be
located on their property. Such property owners are prohibited from constructing any permanent
improvements within the easements which would interfere with the District's exercise of its
easement rights during the installation, operation, maintenance, or repair of the water and sewer
lines in Tract A. The improvements prohibited hereunder include but are not limited to trees,
fences, and large shrubbery. The failure of the District to object to a property owner's violation
of this paragraph, or a failure to require that such improvements be removed, does not operate
as a waiver of the District's right to enforce this provision. Property owners shall be required
to remove any improvements installed in violation of this paragraph immediately upon request
by the District. All property owners in Tract A are further notified that the District is under no
obligation to restore any such improvements or vegetation installed in. violation of this paragraph
after use of the easement.
8. Future Expansion of Raw Water Supply. Dakota intends to construct a secondary
raw water system for service to the property. Upon completion of the secondary system, and
subject to the paramount needs of the subdivision for its raw water supply, the parties agree to
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negotiate in good faith for the District to purchase an additional supply of raw water from the
system to irrigate its sewer plant site, on mutually agreeable terms.
9. Ratification. Except as expressly modified herein, the parties, to the extent of
their respective interests in property described in the October 18, 1994, Line Extension
Agreement, hereby ratify and incorporate the terms of the Line Extension Agreement,
Addendum to Line Extension Agreement, and Second Addendum to Line Extension Agreement
previously executed.
10. Attorney Fees. In the event of litigation concerning this Agreement, the
prevailing party shall be entitled to reasonable attorney fees and costs.
11. Recordation. Upon execution, this Agreement shall be recorded in the office of
the Clerk and Recorder of Eagle and Garfield Counties.
12. Facsimile; Counterparts. Any signatures to this Agreement which are transmitted
by facsimile shall be treated as original signatures. This Agreement may be executed in
duplicate original counterparts, each of which shall constitute an original but all of which shall
constitute one and the same document.
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
, 1996.
ATTEST:
Secretary
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By
By
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MID VALLEY METROPOLITAN DISTRICT
Chairman
DAKOTA PARTNERS, L.L.C.
Ed Podolak, Manager
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By
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DAKOTA TOWNHOMES, L.L.C.
James W. Light, Manager
James A. Horn, Attorney -in -Fact
STATE OF COLORADO )
)
COUNTY OF )
ss.
Acknowledged, subscribed, and sworn to before me this day of
1996, by , as Chairman, and by
as Secretary, on behalf of the Mid Valley Metropolitan District.
WITNESS my hand and official seal.
My Commission expires:
STATE OF COLORADO )
)
COUNTY OF )
ss.
Notary Public
Acknowledged, subscribed, and sworn to before me this day of
1996, by Ed Podolak, as Manager, on behalf of Dakota Partners, L.L.C.
WITNESS my hand and official seal.
My Commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF )
Notary Public
Acknowledged, subscribed, and sworn to before me this day of
1996, by James A. Horn, as Attorney -in -Fact, on behalf of James W Light, Manager, Dakota
Townhomes, L.L.C.
WITNESS my hand and official seal.
My Commission expires:
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July 3, 1996
-6-
Notary Public