HomeMy WebLinkAbout1998-04-14 WSB AGENDAAGENDA
ENGLEWOOD WATER AND SEWER BOARD
April 14, 1998
5:00 p.m.
CONFERENCE ROOM A
1. MINUTES OF THE MARCH 10, 1998
WATER AND SEWER BOARD MEETING. (ATT. 1)
2. GUEST: DON FREELING OF ATLAS METAL & IRON
(ATT. 2)
3. RAILROAD CROSSING AGREEMENT WITH SOUTHERN PACIFIC
(ATT. 3)
4. SMALL LAND ACQUISITION FROM ARAPAHOE COUNTY ON
CITY DITCH. (ATT. 4)
5. LETTER DATED 3-2-98 FROM SHEA HOMES. (ATT. 5)
6. PROPOSED VALLEY WATER DIST. AGREEMENT. (ATT. 6)
7. OTHER.
ATT .. I
WATER AND SEWER BOARD
MINUTES
MARCH 10, 1998
The meeting was called to order at 5:05 p.m.
Chairperson Neumann declared a quorum present.
Members present: Habenicht, Clark, Burns, Otis,
Neumann, Guy, Vobejda
Members absent:
Also present:
Higday, Bradshaw
Stewart Fonda, Director of
Utilities
Dennis Stowe, Manager of
Bi-City Wastewater Plant
1. MINUTES OF THE FEBRUARY 10, 1998 MEETING.
The Englewood Water and Sewer Board Minutes from the
February 10, 1998 meeting were approved as written.
Mr. Vobejda moved;
Mr. Clark seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the February 10,
1998 Englewood Water and
Sewer Board Minutes.
Habenicht, Clark, Burns, Otis,
Neumann, Guy, Vobejda,
None
Higday, Bradshaw
2. LETTER OF RESIGNATION -MARY NEUMANN.
Mary Neumann regretfully submitted her letter of resignation
effective after the April 14, 1998 meeting. She is
relocating to Elizabeth, Colorado.
3. GUEST -DENNIS STOWE -BI-CITY WASTEWATER TREATMENT
PLANT.
Dennis Stowe appeared before the Board the review, on an
ongoing basis, issues and answer regarding the Bi-City
Wastewater Treatment Plant. Mr. Stowe noted the areas in
the Phase lB construction project that will improve odor
control.
4. GUEST -DAVID HILL -WATER RIGHTS ATTORNEY.
David Hill appeared to discuss ongoing water rights issues
he will be addressing in the near future. The Board was
updated on the status of the Golden/Orr case. He will be
filing an amicus brief as a friend of the court. Mr. Hill
also discussed the ongoing Thornton litigation addressing
effluent quality in the river. Thornton is seeking legal
remedy requiring Englewood to upgrade it's effluent
standards.
5. SOUTHGATE SUPPLEMENT #137. -JANET HOLMAN
The Board received a request from the Southgate Sanitation
District representing the owner, Janet Holman, for inclusion
into the Southgate Sanitation District. Supplement #137 is
for an area approximately one acre located near E. Orchard
and Quebec. The zoning per Greenwood Village is R-1 and
will remain R-1, with the owners planning to build a single
family dwelling on the site in 1998.
Ms. Habenicht moved;
Mr. Guy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval
of Southgate Supplement #137.
Habenicht, Clark, Burns, Otis,
Neumann, Guy, Vobejda,
None
Higday, Bradshaw
6. BIKE PATH ALONG CITY DITCH.
The Board received a memo dated February 25, 1998 discussing
reasons why a bike path along Englewood's City Ditch would
not be practical. Reasons noted were safety, liability,
access to private property, security and water quality
concerns.
7. CITY DITCH AT 3594 S. BANNOCK ST.
The Board received a copy of the letter sent to Colleen
Burke of 3594 S. Bannock St. regarding piping the City Ditch
adjacent to 3594 S. Bannock St. The letter noted that the
City Ditch grading will slope and grade the Ditch right-of-
way so as to direct stormwater run-off either west towards
Bannock or east towards Broadway.
8. SOUTHWEST CONCRETE PUMPING -2323 W. OXFORD AVE.
The Board received a copy of the letter sent to Southwest
Concrete Pumping. The letter notified the owners that the
extension of Englewood water to the new, unattached building
on the site was denied. The denial shall remain in effect
until Southwest Concrete c an furnish the City of Englewood
with verifiable documentation that no replatting or
subdivision or transfer into separate ownership of property
will occur. Mr. Will Birchfield of the City of Sheridan was
also sent a copy of the letter.
The meeting adjourned at 6:20 p.m.
The next Water and Sewer Board meeting will be April 14,
1998 at 5:00 p.m. in the Conference Room A.
Respectfully submitted,
Cathy Burrage
Recording Secretary
04-06-1998 01 =41PM FROM ATLAS METAL & I RON CORP. TO ATT. 2
P.O. SOX 5428 • DENVER. COLORADO 80217
ll:LEPHONE : (303) 825-7166
FACSIMILE : (303) 825-4951
MEMBER:
April 6, 1998
The Englewood Water & Sewer Board
c/o John Bock -Utilities Manager of Ad~inistration
City of Englewood
3400 S. Elati St.
Englewood, CO 80110-2304
TO: The Members of the Englewood Water & Sewer Board
FROM: Michael Rosen -Secretary/Treasurer
Atlas Metal & Iron Corp.
RE: GENERAL IRON WORKS -601 W. BATES AVE.
Atlas Metal & Iron Corp. is the owner of the General Iron Works
facility at 601 W. Bates Ave. We are requesting that the Englewood
Water & Sewer Board reduce the current minimum charge on our water and
sewer bills.
At the present time, Atlas Metal, in cooperation with the City of
Englewood, is undertaking a comprehensive enviroTIJ11ental and economic
review of the General Iron facility in order to create a development
plan for the area. Certain envi r onmental conditions exist at the
facility which are in the process of remediation in order to make the
facility a viable, economical development site.
Due to this on-going process, wh i ch we hope should reach its
conclusion in the first quart~r of 1999, the facility is basically
void of any business activity. Water usage from 1996 to the present
averages less than 200,000 gallon s per three month billing cycle.
The most recent charges based on consumption levels only would have
been under $300.00. At this time, due to the average minimum billing
we are paying in excess of $2500.00 per billing cycle. These charges
have become an excessive burden on Atlas Metal & Iron.
We hope that the Water & Sewer Bo.ard will review the minimum
consumption level charges and redu ce them significantly.
We propose that when the development process progresses to a point
where water consumption increases, these minimums would be returned to
the high levels.
Thank you for your time and coope r ation .
INSTITUTE OF SCRAP RECYCLING INDUSTRIES
TOTAL P.02
City of Englewood
March 23, 1998
Mr. Don Freeburg
Atlas Metal & Iron
600 W . Bates Ave.
Englewood, CO 80110
Re: Water and Sewer Bills
Dear Mr. Freeburg:
3400 S. Elati Street
Englewood, Colorado 80110-2304
Phone (303) 762-2300
(303) 762-2301
FAX (303) 789-1125
The Englewood Utilities Department has considered your request to base the water and sewer
charges for 600 W . Bates Ave . on consumption only . At this time the City cannot approve this
request. The minimum charge for water and sewer is based on the 6" water tap that serves this
property. This tap represent potential demand that the City is obligated to meet at any time and
without any prior notice. The minimum charge covers the Citfs expenses for maintaining that
demand capacity in reserve at the water and wastewater treatment plants .
One way Atlas Metal & Iron may be able to reduce its water and sewer bills is to give up "Single
Family Equivalent" units of water and sewer tap credits. The six inch water tap that serves this
property represents a substantial number of single family dwelling unit water taps . If and when
the site is redeveloped, those credits can be used to connect new development to City water and
sewer with no new tap fees. If Atlas Iron is willing to surrender tap credits to effectively reduce
the equivalent size of the water tap to a smaller size, the City could correspondingly reduce the
minimum quarterly water and sewer bills .
If you have any questions or need assistance, you can call me at 303-762-2643 .
J2,GJ
John Bock
Utilities Manager of Administration
h:~bock\docslat!asO 1. wpd
ORDINANCE NO. _
SERIES OF 1998
BY AUTHORITY
A BILL FOR
ATT. 3
COUNCIL BILL NO. 10
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE AUTHORIZING TWO PIPELINE CROSSING AGREEMENTS
WITH THE UNION PACIFIC RAILROAD COMPANY.
WHEREAS , in 1953 the Englewood City Council authorized a "Water-Way License
No. 20801 Agreement" between The Denver And Rio Grande Western Railroad
Company and the City allowing the City to install an 18" cast iron sanitary sewer
pipe line across the existing railroad Right-Of-Way at West Yale Avenue and a 6"
cast iron water pipe line across the existing railroad Right-Of-Way at West Bates
Avenue; and
WHEREAS, in 1954 the Englewood City Council authorized a "Pipe Line Crossing
License No. 21178 Agreement" between The Denver And Rio Grande Western
Railroad Company and the City which allowed the City to install a 16" cast iron
sanitary sewer pipeline at West Kenyon Avenue across the existing railroad Right-
Of-Way; and
WHEREAS , the Englewood City Council approved a "Utility Protection
Agreement" pertaining to modifications fo r the Southwest Corridor Light Rail
Project, between RTD and the City with the passage of Ordinance No. 43, Series of
1997;and
WHEREAS , due to the Southwest Corridor Light Rail Project the 1953/1954
Agreements need to be modified, the location of the heavy rail railroad tracks has
been changed requiring additional encasement of the existing sanitary sewer pipes;
and
WHEREAS , at the time of construction the Union Paciiic Railroad Company
(UPRR) formerly the Denver and Rio Grande Western Railroad Company, entered
into "Right Of Entry Agreements" with the contractor and RTD; and
WHEREAS, the UPRR now wishes to revise their Agreements with the utility line
owners to reflect those modifications;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO , AS FOLLOWS:
Section 1. _The City Council of the City of Englewood, Colorado hereby authorizes
the Pipeline Crossing Agreements between Union Paciiic Railroad Company and
the City, a copy of which is marked as "Exhibit 1 -Pipeline Crossing Agreement -
Mile Post: 6.45" -Yale Avenue and "Exhibit 2 -Pipeline Crossing Agreement -Mile
Post: 7.76" -Kenyon Avenue, attached hereto.
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest said
Pipeline Crossing Agreements on behalf of the City of Englewood. ·
-1-
Introduced, read in full, and passed on first reading on the 6th day of April, 1998.
Published as a Bill for an Ordinance on the 10th day of April. 1998.
Thomas J. Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced,
read in full, and passed on first reading on the 6th day of April, 1998.
Loucrishia A. Ellis
-2-
. PLX.DOC 940206
Form Al'J'l"Mid, A VP-Law
PIPELINE CROSSING
AGREEMENT
Mile Post 6.45, Colmado Springs Subdivision
Location: .Englewood, Ar.lpahoc Coumy, Colorado
Folder No.; 1590-36
THIS AGREEMENT is made and enu:rcd imo as of the day of 199 __,
by and betWeen UNION PACIFIC RAILROAD COMP ANY, a Utlh corporation (hcreinaftcr the Licensor) and the
OTY ENGLEWOOD, a munjcipal corporation of the State of Colorado to be addressed. at 3400 South Elati Street,
Englewood. Colorado 8011 O(hcreinaftcr the Licensee).
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
ARTICLE 1 -LICENSOR GRANTS RIGHT
In consideration of the covenants and agreements herein contained to be by the Licensee kept. observed. and per-
formed, the Licensor hereby grams to the Licensee the ri ght to construct and thereafter, during the term hereof: to
maintain and operate
one underground 18-inch pipeline cro ssing for conveying sanitary sewer only
(hcrcinaftcr the Pipeline) in the location shown and in conformity with the dimensions and spccific::uions indicated. on
the attached prims dated October 17, 1997 andmarkedExhlbitA-l, A-2 & A-3. Under no circumstances shall Licensee
modify the use of the pipeline for a purpose other than conveying sanitary sewer, and said pipeline shall not be used
to convey any other substance. any fiber optic cable; or for any other use, whether such use is cuxrem.ly technologically
possible, or whether such use may come into existence during the life of this Agreemc:nL
ARTICLE 2 -CONSTRUCTION, MAINTENANCE AND OPERATION
The grant of right herein made to the Licensee is subject to each and all of the temis, provisions, conditions,
limitations and covenants set forth hercin and in Exhibit B, hereto attached..
ARTICLE 3 -IF WORK IS TO BE PERFORMED BY CONTRACTOR
If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent
· relocation or substmtial majntr:mmce and repair work), then the Licensee shall require its contractor to execute thc-
Llcemor's form Cmmactor's Right of Emry Agreement_ Licensee acknowledges receipt of a copy of Couttactor's Right
of Entry Agreement and undmtanding its trml, provisions and requiremctts. and will inform its conttactDr of the need
to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises
without first executing the Conttactor's Right of Entry Agreement..
ARTICLE 4 -INSURANCE
a). The Licensee, at its expense, shall obtain the insurance descnbed in Exhibit B-1, hereto attached. The Lia:nsee
will also provide to the Licensor a Certificate of Insurance issued by its insurance cmier confirming the existence of
such insurance and that the policy or policies contain the following endorsement:
Union Pacllic Railroad Company is named as an additional insured with respect to all liabilities arising out
of the existence, !l.Se of any work performed on or associated with the 'Pipeline' located on Railroad right of way
159037.plx ?age l of 2 March I 0, 1998
E
x
H.
I
B
I
T
1
PLX.DOC 940206 Folder No.; 1590-36
Form Approved. A VP-Law
at Mile Post 6.45 an tbe Colorado Springs Subdivision. at ar near Englewood. Ampahoe County, Colcmdo.
b). If the r iccmee imned in tins Agm:mcnt is a public c:mity subject to any applicable s1aUdmy tort laws, the limits of im111•1wc
d..,,..,brd in. EzbilJitB-1 shall be tbe limits the Licemee tbmlm in. c:ffi:ct arwhich is 1equiled. by applicable cmm:i:tar suiwqnent.law,
wbicluM:r is ~ a poxtian of 'which may be sc:if-immed with the ccnw:nt and appiuval of the Llc=snr.
c). All insncmce coaesP""dr:nce shall be d:irec1i:d to:
ARTICLES-TERM
Folder No: 1590-36
Union Pacific Railroad Company
Conttact5 & Real Esta1c Depamncm
1800 Fama:m Street
Omaha, Nebraska 68102
This Agrermcm shall take effect as of the date fizsr herein written and shall contimJc in full force and effect until tt:1 • ••i11arcd as herein
provided.
ARTICLE 6 -CANCELLATION CLAUSE
Effective upon the installation of the Pipeline and COIIIDlClCemcnt of the use thereof: that c:rtai:n agzeemcntAudit No. S21178 , dated
September 20, 1954, between the Denver and Rio Gr.mdc Wcstcm Railroad Company and the City of Englewood,. and/or their
predeccssozs, as extended, renewed or supplemented (if applicable ), covering the subject Pipeline at the same location, shall be terminated;
PROVIDED, however that such trmrjnation shall not affect any of the rights or obligiiticns of the patties to said agzecmcm:, as extended,
renewed or supplemented (if applicable), which may have accmcd, or liabilities, accmed or otherwise, which may have arisen prior to
such termination.
IN WITNESS WHEREOF, the parties hereto have caused this A grccmem to be cxccuted as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
By: ____________ _
MANAGER CONTRACTS
WITNESS: CITYEN<iLE'VOOD,COLORADO
x. _____________________ ~
Titt~------------------------
159037 .plx ?age 2 of 2 Marcil I 0, 1998
APPUCATION FOR ElS"CASED
NON-FLAMMABLE
PIPELINE CROSSIN"G
NOTE: ALL AV AILABLEDIMENSIONS MUST BE FILLED IN
to PROCESSTBIS APPUCA.TION
SEE DRAWINGS AITACHED HERETO
N011!S:
l) AU.BDalZDHl'ALDISTANCl!STO BBMllASIJUll> ATJllGll?' AMGlJIS Plml lBllLOPnACIC..BXClll'T ASNOTED.
l) C\SINO MUSI'BXmND A MllilYDIOP 3G'CJUrl'IOllLOP'mMX.MUS!lm> IJllllllJ" AHGlJ!S.
3) CASINOMA~ Sil!ILDllDMBrALUCCCNDml' (NOP¥Q.
4) YINIMIJM OP 9'PJIOM lBllEND OF ANYV"m&IJ BllDGLLOF ANYall.Yar. !anm&ANY SWllUllNO ADA.
SJ SIONAL.illHIBSiihTAllVllMllSTBBPUSINl'JXJllNO Jl'BTAU.A'DIJNIF&AIUllW>SDIALSA.lllDf lBllVICHllT OPCIOSSINll.
6) AUDWABUlnlQID OBmas INCtlJm BMXWALLSOFBllDOB'I. C.OPIOADa« "' .... &OYl!lllBAD ViADOCS(GMllOAD NAMISJ. O&C.OF ANYall.VDrS.
7) CASINO AND C\UIDJVllMllSTBBJ'IM2DA.MINIMIM on1'1Bl'BIUJW'IBSllX1SDNO JllBDC3't1C CABllL ANYBXr.\VADDNUQm'm W1l1lllf' PllBl"OPlBllBXJSmlO PDllm
0Pm:CA8UlMDSrBBBAMJ DUO.
A) Is Pipeline Crossing withinDedicattd Stteet? .JL Y cs; _(X)_ No ;
Name of Street: _(panflei to Yale Aftlllle)_
B) Distt:ibalian Line: _(X)_ Ti an11njssinn Lim:: _Q_
q Commodity to be Cam:yed: _(Stmary Sewer)_; OpaaUng Pres.we: _(O)_;
0) Carrier Pipe:
Wall Thiclrnen: _(o.3125")_; DW:aeta. _(11")_; Mamrial: _(CIP}_
E) Casing Pipe:
Wall Thiclrnen: _(0.5625")_; Diameta= _(36")_; Mamrial: _(Steel)_
F) Method of Installing Casing Pipe Under Tm::k:
_(X)_ Dry Bore and Jaclc (Wet Bore is NOT Pe mittr:d)
G) Will Coasuuction be by m omside cmmacmr? _(X)_ Yes; _o_ No
H) Distlm:c ttom C. ofTzack to Nell' Face ofBm:ing an Jacking Pits when
MeasaredatRight.Angies to Txaclc _(30')_; 30' Mi11iifllrrn
n~licantaConractmJ )
ofUDion Pacific C11111111111jcariam Depaz anent and has Deu:mrincd Fiber
Optic Cable _(X)_ Docs; _()_Does Not Exist in Vu:inity ofWorlc to be
Perlbrmcd. Ticket No.; ( )
EXHIBIT ''A-1"
UNIONPACD'ICRAJLROAD COMPANY
COLORADO SPRINGS SUBDIVISION
MILE POST '-45 E.S.-299+28
Undetpuuud pjpelim Cmssing at or near
ENGLEWOOD, ARAPAHOE CO., CO.
for REGIONAL TRANSPORTATION DIST.
Foldc:rNo.1590-36 Daa:: Oauber 17, 1997
WARNING
IN All. oc:CASIDNS. UP. CCMMUNICA'IlCNS DEPARl'MENl"
MUSl"BBCONTAC'I!D IN ADVANC?OF AN'iWOll 1'0
DEIERMJNEEXJSI1!NCRAND LOCATION OFFlBEll omc
CABU.
PHONE: J.(IOO) 336-9193
J
...
S. SANTA FE DR. ...
!="
CONSTRUCT 55 LF COCR£T£ SADDLE OM.
1r SANITART . 5E£ owe ~Z009 ANO~ m
s.tl4001 fllR DETAILS. ~ : ,~~=:=========---==~=!=~~----------------·----
~ UIC&rl,. CAUTION-FIBER OPTIC LINES ,. ·------
nu • 'l~IFIDt
1rY'rtl9f ~"t.(Lft. :.; . :.:: :: I
---' __ _ :::-:•<="=•='~.•:--"'-:._---·--·~IPRR'ROW·---•'---•~--:._---•---.•
---'o---'o---•o---•o !t~c...-__,.......___,o.-.-.-..1a-y4--.... ua---~~a.--J'CL-: .-· "'-···--------=-=..:'----··--------------------'-;_-------...
_ .. -------
•s;·.,,,,
E:.<f~ilNC .~a rREi~T. ·---\;\ ~~ --
FUTUllE 511 urT ~. \\~ ;;
II E11S>INC N8 'f'IEICllT/FIJTUllE .. P'T I• l' 15l li; I 1'G'!f'S I Ii -
2ttt00 , I§ "~ ' __ s .
,. H\!l \ ---_· ---~~;...->--..,.-
___ ____, \ll>'c -----
---··----·-·~---~~-·-:·-··-··----------··-··-------··-·. -0 ~. ·----.. -------. o ...... ---... ~ .-', -~~ --' ' . _,,,.., , ' '~' I ·--7-~,.->;· i ,, • --
,,,.; '. ~ \ . ~ \Y,.::::... / __,>. "' ·:...'
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TA8U.ATIDN OF CllWITITIES NOTES :
SiiSf~
$
--..... \( ~, \~I ~
ll C'YIC:: AllDITICJ< PROTECTION UNDE .......... . --~ \~ TRACt TO BE ctlM't.ETED 8Y OTHERS
INJE.R FUTURE 'CCJ<TRACT
tulW.UI'
~"Z.
~ v -----.............. .._
534·6700
-~-=--
ml I -.. I • I TDI ClUMT I TY c CONCRETE · SADDLE I 18" DIA. I• &Ii LF
1 • 18" SANITARY CROSSES BNSF TRACXS AT MP TJO+Z5ZJ AND UP TRACXS
AT MP 6+2372 .
m.a2. ....... ....... ....... -·
CO.U LUI(
C04S LINE
'-AS Llf'E
c;.t.S LIHC
S.ZIZ .SlH cu.stttL.z4•. ·o-TlP OF ,.,,.£
SHS .%5'5 c;.&S .!:TUL.z4•. 'r UP OF ,.,,£
SZH.0511 CAS.SftEL .z4•, 52• TOP or: "'~
sz11.ttn c.u.sttc:...z4·, 90-r.:. rs PIP£
INCl..UDES TREHCJHNG. SHORING. AND llAOtFILL.
•¥1Slm5 " QA('( D p, LC..l. Dirt : , ..
DllA• IT : 0..A.l . DAft.: t-~J
z. SHiii INC AND/OR TRENCH SUPPORT BY TNE CDNTUCTCJ! SHALL NOT BE
PAID FOR SEPARATELY. BUT SHALL 8E INCLUDED IN TNE COST OF THE
~-
J. EUVATICJ<S FOR BORING LOOS ANO PDTllQ.ES AllE EXISTING GROUND
UNt.ESS STATED OTHERWISE .
~. EXISTING CAS MAIN ANO FIBER OPTIC LINES IOIEST AHO SPRINT! SHALL
BE PROTECTED AHO SUPPORTED 8Y THE . CDNTRACTilR IN ACCOIDANCE WITH THE
AESPEC'TIVE ACEHCT"S STANDARDS AND AEOUlllEIEHTS. SUCH PROTECTIVE
llE4SUAES SHALL BE INCIDENTAL TO THE COST DF OTHER CIJ<TRAC'T 'IORlt. -INC,_.,
n.rv. szn.s
Ci
:::C.TIK 1.•·*= t
DU[:
DATt :
RTtJ conucr '°" JJ~101
DAJE : »Mll6f l'T· 1'9J
(IUCUW. 5CAU.
.cMIZ: 1• • 411• '91: l&ll
<110 D · 40 1G
e"i
SCALE IN ,.R:T
1001.
SUBMITTAL
JANUARY 1 997
~
----•f1Dt1C'P9'1t1 ....... ,....,.. -·----, •. ~
-•tc~n n.n. sns.1
r.;;;:;:-t •onz
1Gl'12 +--20.ft2
1•V12 U" Q..A~ 12'12
.... ,,z ~ S/12
]' ==..TDC~ ,,,2
IOtltc; F-4T
tu·.-. sno.1
~
1 ~~~. i;
SMOSTOC j_~ "i
KJlllCIClt =t=====
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1'12
, .. ,12
ADVANCE UTILITIES PHASE
YALE AVENUE 211~'
UTILITY
1e• SANITARY LAYOUT
,..,.,,,
SH([T :
HCJ , 2' ,,,.21=..
PLX 9I0306 (S-1.590-37}
Ncm-Sbllldard to be Al'Jll'IM=d. A VP-law
Secttcn 1.
City oi&pwaod. CaJanda
EXBIBITB
a} The fcregoiJJq grant o£ right is subject and su.bcrdinate to the prtcr and conttxminq right and obligaticn of the Licsmcr to
use and mamtc:m its entire property incbicmq the right and power o£ the Licensor to ccnstruet mcmtc:in. repc:Ir. renew, use.
operate, change. modify or relccate railroad tracl:s. signal. ccmmuDicaticn. fiber optics. or other 'Wirelines. pipelines acd other
fcrcjliftes upon. aicnq or across arrr or ail parts o£ its property, ail er arr{ o£ which may be freeiy done at arr{ time er times by the
Licanscr.
b) The foregclnq grant is aisc subject to ail outstcmdiDq superior tiqhts (incliiciinq these in favor o£ licensees c:md lessees of
the Licsnsor's property, and others) and the right ci the Licensor to renew and exrend the same. and is made without covenant ci
ttt1e er for quiet enjoyment.
Secticn.2. CONSIRUCllON. MAINTENANCE AND OPEBATIQN.
a} The Pipeline shall be constructed. operated. mcmtained. repaired. renewed. modified crndior reconstructed. by the
Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Spedicciion 1029 adopted November 1949, , cmd
ail amendments thereof and supplements thereto. whi6 b<{ this reierence is hereDy macie a part hereof. except as may be :modified
and apµtoved by the Licensor's Vice President-E:lgineermq Services. In the event sue.Ii Speciiicai:ion ccm1icts in C!I!'f respect with
the requirements of arq federai. state or municipal law or :egularion. sue.Ii requirements shall govern on all points oi canfilct but
in ail other respects the Spec'.fication shall appiy.
b) All work performed on property oi the Licensor in connec:icn with the construction. maintenance. repair. renewal
modification or reconstrue!ion oi the Pipeline shail be done to the saiisiadcn cf the Licensor.
c) Prier to the commencement cf crr.rr work in connection with the ccn.struc::ion. maintenance. repair, renewal modification.
relocation. reconstruction or remcvai oi the Pipeline where it passes underneath the roadbed and troc± or tracks of the Licenser.
the Licensee shall submit to the Licensor plcns settinq out the method and mcnner of handling the work. incbidinq the shoring and
crlbbing, if crrrr. required to protect the Licensor's operations. and shall not proceed with the work until such plans have been
apptoved by the Vice President-Engmeerinq Services of the Licenser and then the wtri: shail be done to the sotisiadicn of the V'ica
President-.E."lglneering Services or his authorized represeniattve. The Licensor shall have the right. if it so elects, to provide such
support as it may deem necessary for the saiety af its track or trai::ks during the time af ccnstrue:icn. maintenance. repair, renewai.
mcdific::ttion. reloccticn. reconstruction or removai oi the Pipeline, and. in the event the Licensor provides suc.'1 support. the
Licensee shall pay to the Licensor. within fifteen ( 15) days aiter bills shall have been rendered therefor, ail expense incurred by
the Licensor in connection therewith. which expense shall include ail assignabie costs.
d) The Licensee shall keep and maintain the soil aver the Pipeline thoroughly compacted and the grade even with the
adjacent surlace of the ground.
Section 3. NOTICE OF CQW4ENCEMENT Of WORK.
If an emergenq should arise requiring immediate attention. the Licensee shail provide as much notice as prodicable
to Licensor before commenc:!ng arqwork. In ail other situations. the Licensee shall notify the Licensor at least ten (10) days (or
such other time as the Licensor may allow) in advance o£ the commencement of crr.rr wtri: upon property of the Licenser in
ccnnect1cn w'ith the construction. maintenance. repair. renewai. mcdific::mcn. reconstruction. reloccticn or remcvai of the Pipeline_
All such work shall be prosecuted diligently to completion.
Section 4. UCENSEE TO BEAR ENTIRE E<PEN'SE.
The Licensee shall bear the entire cost and e:mense incurred in connection with the construction. mamtencmca. repcjr
and renewai and C!I!'f and ail modification. revision. relocation. removal. or r econstruction cf the Pipeline. including C!I!'f and ail
expense which may be incurred b<f the Licensor in connection therewith for supeMisicn. inspection. flaggmg, or othernrise.
1 ExhibitB
t"L.A. .70\l..1\IQ \~ 1 -'7'1"9-'' J
Nm-Stmaara to be Approved. A VP-Uw
Sac:t1cnS. REINFQ'RCJJ4ENI. RELOCATION OR REMOVAL Ofp!PET IN&
a) The license herein grameci is subject to the needs and requiremems of the Licenser in the operaticn of its railroad and
in the mprcvemem and use of its µtoperty, cmd. the Llc:snsae shail. at the sole expense of the Licamee. remfcrca the Pipeilne. or
mcve ail or ~ pcrtion of the Pipeline to such new loc:aticn as the Licensor may designate. whenever. in the furthercmce of its
r-:srniable needs and requlrems!ltS. the Ll.cacsor shall fimi sucii adicn reasonably nscassary or ciesirable.
b) All the terms. ccnc:litions cmd stipulcmcns.herein expressed wtth reierence to the Pipeline on property of the Licenser in
the IOCCl:icn herem.Ceiore desc:lbeci shall. so iar as the Pipeline remains on the property, apply to the Pipeline as :nodified.
chcmged or reioc::tted witbln the comempicrticn oi this sedicn.
Sac:t1cn6. NO INI'EBfEEENC'E WTra UCENSORS OPERATION.
The Pipeline and ail parts thereoi within cmd. outside oi the limlls oi the property oi the Llcenser shall be constructed and.
at ail times. mcimcined. recaired. renewed and operaed in such m anner as to ccuse no illterierencs whatsoever with the constant.
ca:rt:inucus and un:intem.ii;;ed use of the tracks. property and far;Httes of the Licenser. and nothing shail be done or suifered to be
done by the Licensee at :m., time that would in crrrr manner imp air the saiety thereof.
Section 7. PROTECilON OFF'IEER OP!'IC CAfil E SYSTEMS .
a) fiber optic cable systems may b e buried on the Licensor's property. ?!'Otection of the fiber optic c able systems is oi
ameme imponcmce since any break c ould disrupt service to users resuiling in busmess interruption and loss oi revenue and
prciits. Licensee shall telepnone the Licenser at 1-800-336-9193 (a 24-hour :ium.Cerl to determine ii ill::Jer optic c aCie is burieci
anywhere on the Licensor's premises to be used by th e Licensee. if it is. Licensee will telephone th e telecommunications
ccmpany(ies) involved. ammge for a cable l ocmcr. make arrangements for reloc:::rion er other protection cf the fiber optic cable.
ail at Licensee's expense. and will c ommence no ?lOl"ic on the rigilt oi -m:I'f until ail suc.'1 protection or re loc::ltion has been
ac:::omplished. Llcensee. to the full extem permitted by law. and wrthout waiving the prtvilege. immunities. and limitations of liability
in the Colorcx:io Governmentai Immunity Ac:. 24-10-10 l ec.seq .. as amended. si1ail inciemnify and h old the Licensor harmiess from
and against ail costs. liability and expense whatsoever (including, without !imitation. attorneys' fees. coun c osts and expenses)
artsing out of or caused in any war by Licensee's failure to comply wrth the provtsions cf this p aragraph.
b) In addition to other indemnity provisions in this Agreement. the Llcensee. to the full extent p ermitted by law. and without
waiving the privilege. immunities. and limitations oi liability in the Coloracio Governmemai Immunity Ac:. 24-t0-101 ec.seq., as
amended. shall indemnify and hold the Llcensor harmless from and agc:inst ail costs. liability and expense whatsoever (inc'11djng,
wtthcut limitation. attorneys' fees. court costs and expenses) c aused by the negligence cf the Llcensee. its comrct:tor. agents cm&or
employees, resuiling in ( 1) any damage to or destruction oi crrrr te lecommunicaticns system on Llcenscr's property, and/or (Z) any
injury to or death oi any person employed by er on behalf oi arrr telecOillIIll.lDic=: compcny, and/or its cornrac::tor. ogent.s cm&or
employees. on Licensor's property, except to the extent that such c osts. li ability or expenses are c:rused by the dU'ect acttve
negllgence oi the Llcensor. Licensee further agrees that it shail not have or seek recourse against Llcenser for any clcmn or cause
af adion for alleged loss of proiits or revenue or loss of service or other c onsequentiai dmnage to a telecommunicction company
using Licensor's property or a customer or user cf services of the fiber optic cable on Licensor's property.
Secttcn 8. C!AIMS AND I JF;NS FOR L;BQR AND MATERIAL TAXES .
a) The Llcensee shall fully pay for ail materiais joined or affixed to and labor performed upon property of the Licensor in
ccnnection wtth the construction. mcriiltencmce. repair. renewal. mocllfic::ltion or reconstructicn of the Pipeline. and shall net permit
or suffer any mecbanic's er matertaimcm's lien cf crrrr ldnd. er nature to be enforced against the property for any work done or
mcteriais furnished thereon at the instance or request er an behaif oi the Licensee. The Llcensee shall indemnify and hold
harmless the Licensor against and from any and ail liecs. claims. d emands. ~ and expenses of whatsoever nature in anyway
ccrmecteci wtth or grcwmg out of such work done. labor performed. or materials furnished.
b) The Llcensee shall µtompdy pay or discilarge ail tc:aes. charges and assessmems levied upon. !n respect to, er on account
of the Pipeline. to prevent the same from becoming a charge or lien upon property oi the Licensor. and so that the taxes. charges
and assessments levied upon or in respect to such property shall not be inc:eased because of the location. construction or
mamtenance of the Pipeline or any improvement appliance or fb:ture connected therewith plac:ed upon such property, or on
account oi the Licensee's interest therein. Where such tax. 6arge or assessment may net be separately made or assessed to the
Licensee but shall be included in the assessment of the property of the Llcensor. then the Llcensee shail pay to the Licensor an
equitable proportion cf suc..!.i taxes determined by the vaiue oi the Llc ensee's property upon property oi the Licensor as compared.
mwrdexb
2 Exmbit B
·~
-~ 711RWUU \a.lllllim l.J;;rv-~1 J
~taila~AVP-Law
$«:Hen 9. RESIUM'IlQN QFUCEN5QR'S PROPERT'f.
TntbaevaittbaI.iomsnrmrtbnrtmstbat.iamseetctamdcwnanyfmaftbaUcemcrormar:ym•11111smcft1crdistm:b
any af the othar-prcparty af the Ucemcr in CC!'JTJrinn with tba cccstrud1cn. maintartcm• 9, repajr. nmewai. mnrlfflcnttcn
1'1ICCllStttldf reiomttcn or!"l!lmCVCi af the P?peline. than in thct evem the Llcansee shall. as seen as pcssible c:md at Lic:9!lSM's
sclae:z;i-i• r9llicr9 suchfaaca ami otbar ptcpatty to the same mnrlttfnn as the same'ftlre in.batcn suchfm was tamn dcwn
er such othar-µcpetty was mcved or disturbed. and the Lic:snsee. to the full azteat permitted by law. and witbcut waiving the
~ imrmmjttes and Hmrtnttcns af liai::iility in the Colcrcdc Govet • •• • •«rtrri Tmrmmity Act. 24-lO-lOl ec..seq .. as ammJded shcil
ind••" iify c:mdhcJd.harmiess tbe Lir;:smcr. i1s officers. agmts and emplcyees. ar;amst and.from anyc:md ail liability, loss. damcges.
cicizm. dM!'cmds cost3 cmd Ei1Cpem8S af wb:::tlsoevet nctur9. inch1dfnq court costs cmd attcmsys' fees, which mayrasult frcm.in1Ut'Y
to er death af perscus wbcmscever. ar dcmcge to or loss or destruction oi propertywhctsoever. when such .in1Ut'Y. death. drmcge.
loss ar dsstruct1cn grows out af or artses from the taldnq down af ar:yfeaca or the mcvinq ar disturbcmca af ar:rr other property af
the I.icemcr.
Sedicn 10. INDEMNirf.
al As used in this Secticn. "Licensor" incb1des other railroad o n111 mes using the I.icensrn's property at or near the locaticn
oi the Licensee's installation cmd their officers. agents. and employees; 1.oss" incb1des loss. dcmage. claims. d9!l]ands, actions,
ccuses af action. penalttes. costs. cmd expenses oi whatsoever nature. inch1dinq court costs and attomeys' fees. which may result
from: (a} izllurr to or death of persons whom.soever (indmiinq the Licensor's officers. agents. cmd employees. the Licensee's
officers. agents. and employees. as well as arr{ other persccj; crnd/or (b) damage to or loss or destruction oi propertywhctsoever
(fndt1dinq Licensee's property, damage to the rocdbed. trcci:s. eqtiipmem. or other property oi the Licensor, or property in its care
or custody).
b) As a major inducement and in consideration oi the license cmd permission herein gnmteci the Licensee agrees. to the
full extent permitted by law, cmd without 'wc±vinq the ptivilege. imITn1rrittes, and limitations of liability in the Colorcdo Govemmentai
Tmrmmrty Ad. 24-10-101 ec.seq .. as amencied. to indemIIify and held hcmnless the Licensor from crrrr Loss which is due to or anses
from:
1. The prosecution of ar:rr work contemplated by this Agreement including the installnt;an ccnstructicn.
maintencmce. repair. renewai. modilicaticn. reconstructtcn. relocaticn. or remcvai of the Pipeline or ar:rr part
thereof; or
2. The presence. operation. or use of the Pipeline or contents escaping theteiiom.
except to the extent that the Loss is caused by the negiigence of the Licensor.
Secticn 11. REMOVAL Of PlPELINE UPON TERMINATION OF AGHffiMENT.
At the terminntion of this Agreement hcwsoever. the Licensee shall. at Licensee's sole expense. remove the
Pipeline from those pcrticns of the property net occupied by the roadbed and track or trccks of the LicaDscr and shcil restore. to
the sattsfccttcm of the Licenser. such pcrtians of such ptuperty to as good a condition as they were in at the time af the o::mtrud1cn
of the P!pellne. If the Licensee fails to do the foregoinq. the Licensor may do such work of remcvai cmd restota:ticn at the cost cmd
expame of the Licensee. The Licensor may, at its option. upon such temrinnttan at the entire cost cmd expense af the Lic:ensee,
remcve the porttcns of the Pipeline located Ulldemeath i1s roadbed cmd track or tracks and restore such roadbed to as geed a
ccndtttcn as it was in at the time af the ccnstrud1cn of the Pipelioe. or it may permit the Licansee to do such work of remcvai and
restcrat1cn tc the satisfact1cn of the Licacscr. In the evem oi the rerocvai by the Licenser of the property oi the Liceme9 and of the
restctaticn of the roadbed. cmd property as herein provided. the Licensor shcil in no manner be liable to the Licamee fer any
damage sustained. by the Licensee for or on account thereof. and such remcvai and restoration shall in no manner prejudice or
impair ar:rr right oi action for damages. or otherwise, that the Licensor may have agcinst the Licensee.
Secticn 12.. WAIVER Of BREACH.
The watver by the Licenser of the breach oi arrt eondttfon. ccvancmt or agreement herein contained. to be kept observed
and perlcnned by the Licensee shall in no wrrr impcm-the right oi the Licensor to avail itseH of any remedy for crny subsequent
breach thereof.
3 Exhibit B
. PLX. !llD306 (s-1.590-3')
NGll ?z I d 1D be~.AV14.aw
S.:tt1 "1 13. l'EBMlNA"llQlf.
a) lf tm [Jc-m.edcea:act'U89 tbe dgbtbsair191ililllid.crtm P!peifmi:ram(l) ~ crif tm Tfl I 1 o ilh m• ind8icaft
in ti»?' 6: 4 I I "M' • of any ccvei::iiLmt or agzewnant .--• I ii ih ,,, •mi far c:pm2cci of ttmtr (3J) daysaftarwrinmlm:iice from tha
u. ... u ta tt. ru--st»dfrilq such demit. the r i,...,.,..mar, attts apt1ca. Ittthw1111 i•, ,, •• ..tt..,..,. ta •• ,,, nta thisAgreamaat
br Wtt&uIJCdce.
bl fncvii fl!fnn tc the piOfisi:ms of subparcgraph (a)~ tbts~may be la I I ljl IC rted bywlitbmilCtfcegmm.by either
party' barem ta the otbar' ca ar:y dam in suchDCtica stam:i. net I-. hews: a. then thirty (30) days submqamt ta the dam upcn
wiDch suchnctfca sbailbe giVm.
cl Nottce of daiauit c:md DCttca of tsnrtnnttnn may besenaci parscucilyupcn tba r k_, s 1 • ar .by mmlfnqto the last known
ac!draa of the r icamaa Tmrrtnnttnn of thisAgramiaatfarar:yrm sbail.m cffact any of the rights or obiiqaticns of the parttas
bmatc which may hav&accrued. err !fahiHtf• accrued or otharwise. which.may hmaaman prier thereto.
Sec:ttcn 14. AGBm.fflNTNQTTP BEASSIGNEP.
The I.icemree shall net assign thisAgreemem. in whcle or in part. crar!'{tigbts hsrein Qicmteci witbcutthe wnttan ccnsant
of the Licamcr; anditis agreed tbct anyUc:rlsfal-or assigmnN?t er •Jttanptad b:cmsfer or assignment of thisAgreemam or any of
the rights hsrein gnmted. whetberdmtcry, .by operatfcn of law. or otherwise. withcut such ccnseat in wrttmg, shall.be absohrteiy
void. and. at the option oi the LJ.censor. shall termmcte this Agreement.
Secttcn 15. SUCCESSORS AND ASSIGNS.
Subject to the prcvisicDS of Sedian 14 hereof. this Agreemeot shall be bmdioq upon and.imlre to the benefit oi the parties
hereto, their heirs. amcutors. artm;n;stlators. successors and assiQI'S
4 ambitB
PLX.OOC ~
Form Appmved. A VP-uw
PIPELINE CROSSING
AGREEMENT
Mile Pose 7. 76. Calorado Springs Subdivision.
Ulcarion: Engicwood. Ampahoe Coumy, Calmado
Folder No.; 1~37
THIS AGREEMENT is made and c:rm:rcd mm as of the day of 199 __,
by and berween UNION PACIFIC RAILROAD COMP ANY, a Utah corpor.aim1 (hcrciDatlcr the Llcemor) and. thc
CITY ENGLEWOOD, a rmmjcipal corporarion of the State of Colorado to be addressed at 3400 Somh Eiaii Street.
Englewood. Colorado 80110(hereinaftcrthc Liccisee).
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
ARTICLE 1 -UCENSOR GRANTS RIGHT
In consideration of the covenants and agrccmcms hcreln conrained. to be by the Licensee kept, observed. and per-
fmmcd. the Licensor hereby grants to the Licensee the right to construct and thc:rcaftcr, during the term hereat: to
mainmin and operate
one underground 16-inch pipeline crossing for conveying sanitary sewer only
(hercinaftc:r the Pipeline) in the loc:u:ion shown and in conformity with the dimensions and specifications indicated. on
the auached prims dated Octeber 17, 1997 and marked Exhibit A-1, A-2 & A-3. Under no cin:umstana:s shall Licc:mce
modify the use of the pipeline for a purpose other than conveying sanitary sewer, :md said pipeline shall not be used
to convey any other substance, any fiber optic c:iblc; or for any other use; whether such use is cmrcmiy tcclmologically
possible, or whether such use may come into existence during the life of this Agreement.
ARTICLE 2 -CONSTRUCI10N. MAINTENANCE AND OPERATION
The grant of right he:rcin made to the Llc::nsee is subject to each and all of the temlS, provlsions, conditions,
l.imimtions and covenams set forth hcrcln and in Exhibit B, hereto attached.
ARTICLE 3 -IF WORK IS TO BE PERFORMED BY CONTRACTOR
If a contractor is to do any of the work performed on the Pipeline (including initial constmction and subseqw:Dt
relocu:ion or subsrmtial majnn:nance and repair work), then the Licensee shall require its conttactm' to excc11le the
r ia:mor's form Contractor's Right of Emry Agreement. Licensee acknowledges n:ccipt of a copy of 01111131 tw's Right
of Emry Ag:reemcnt and tindersrmding its trmJ. provisions and rcqu:irl:mems, and will infmm its cnntt;u:tnr of the m:ed.
to accute the Agrcemcnr. Under no circmnstanccs will Licensee's contractor be allowed onm Lia:mor'! ptemises
wilhout first accuting the Contractor's Right ofEmrv Agrecnent.
ARTICLE 4 -INSURANCE
a). The Licensee, at its ~ shall obtain the imurance described. in Exbilrit B-1, hc:n:tn attached. The Lia::mct
will also provide to the Lla:nsor a Certificate ofinsur.mce issued by its insurance cmicr confimring the e:xisb::m:e of
such insur.mce and that the policy or policies contain the following endorsement:
U Dion Pllcific Railroad Company is named as an additional insured with respect to all liabilities arising out
of the existence, use of any work peri'ormed. on or associated with the 'Pipeline' loc:ired. on .Railroad right of way
159037.plx March 10, 1998
E
x
H
I
B
I
T
2
Folder No.: 1590-37
b). If the T icemee mm:d in 1f:Ds Agrccmatt is a public c:m:ity sabject'ID my applicable smutmy tart~ the Hmm
a£ jgp11a11r:c dew 1ibed in .Exmhit B-l shall bit me limirs me Llcrmee dim .Im in e:ffcct ar whidt is requited by
appticahle cmrcmarsubseqm:at.law, wiDcbcveris grcm:r. a parrimof'whichmay be seif-imlm:d widubc c;:onsemmi
appioval of me Llccmm:
c). All iusw31u: cuucsprmdc:ncc shall be dircc:z:d 'ID:
AR.'llCLE 5 -TERM
Foldc:r?llo: 1590-37
Union .Pacffic Railroad <"'.mnpmy
Commc::ts & R.ca1 Esa:m: Depauwan
1800 Famam Street
Omaha, Nebm.ka 68102
This Agreemc:nt shall take effect as of the date first hcn:m written and shall continuc in full force and effect until
tmninared as herein provided.
ARTICLE 6 -CANCELLATION CLAUSE
Effective upon the installation of the Pipeline and commcnc::cmrm of the use thereat: that certain agrccmcm Audit
No. S21l78, dared Sepn::mbc:r 20, 1954, between the Denver and Rio Gx:mde Westcm Railroad Company and the City
of Englewood. and/or thelr prcdco:ssors, as exn:uded, renewed or suppiememcd (if applicable), covering the subject
Pipeline at the same location, shall be temrinared.; PROVIDED, however that such rczmjrnujon shall not affect any of
the rights or obligations of the parties to said agrecmt:m, as exn:ndcd, .ICJCWed. or suppJc:mentcd (if applicable), which
may have acrmed, or liabilities, a.cCIUed or otherwise, which may have arisen prior to such termination.
IN ~ WHEREOF, the parties hereto have caused this Agrecman to be cxcam:d as of the date first hcrcin
written.
UNION PACIFIC RAILROAD COMPANY
By:
------------------------~ MANAGER CONTRACTS
WITNESS; ClTY ENGLEWOOD, COLORADO
x ______________________________ ___
Title: ____________________________ __
159037.plx ~2 of2 March 10, 1998
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JANUARY 1 997
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ADVANCE UTILITIES PHASE 2
KENYON AVENUE
UTILITY
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1 , 16" SANITARY CROSSES BNSF TRACXS AT MP 72 '"°926 ANO UP TRACKS
AT MP 7 .... 091.
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2 II POTHOLE < HR 2 . SHOR I NC ANO/DR TRENCH SUPPORT SY THE CONTRAC TOR SHALL NOT BE
PAID FOR SEPARATE LY· BUT SHAL L BE I NCLUDED IN THE COST QI' THE
llOfllt .
• INCLUDES TRENCH INC. SHORJNC . AND BACXF IL L.
J. ELEVAT I ONS FDR BORING LDCS AHO POTHOLE S ARE EX I STING GllOUND
UNLESS STATED OTHERWISE .
<. THE SAHJTAll Y L INE L IES CLOSE T1J 4N EXI STINC z• GA S LINE MUCH JS
SCHEDULED FDR PROTECT I ON AHO/OR RELOCA TI OM SY P SCo AFTER
APRIL • 1997 . THE CONTRACTOR SHALL COORDINATE THE llORlt WITH
PSCo.l.JUST I N CISLAClll AT Z!M-Z22Dl TO ENSURE TH4T HEITHER HI S
NOR PSCO ' s SCHEDULE IS 0 I SRUPTED -
5 . THRWCHDUT THE CONSTRUCTION. EXIST ING F /O LI NE I SPRJNTl SHALL BE
PROTECTED ANO SIM'PORTED BY THE CONTRACTOR IN ACCORDANCE WITH
THE STANDARDS AHO REDUIREllENTS OF SPRIN T. SUCH PROTECTIVE
MEASURES WIL L NOT 8£ PAID FOR SEPAllATEL 1 BUT SHAL L BE I NCIDENT.AL
TD THE COS T Of OTHER CONTRACT WORK .
6 . LOCATION Of" 16" SANITARY AND 2• GAS LI HE IS CONJEC TURAL .
CONTRACTOR SH41.L POTHOLE T1J VERIFY LOCAT I ON OF THESE UTILITIES
PR JOR TO CONSTRUCTION .
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PLX 980306 (See 1590-37)
Noa...stalldard to be Approvai. A VP-uw
ErnIBITB
Sedicn 1. LIWI'A'llON A?ID SUBORDINATION Of 'RIGHIS GRANIEp.
City ofEDgicwood. Calcndo
a) The fcregcinq grcmt of rigiit is subject cmd subcrdiDcta tc the pr1cr and ccnttmring right and obligc1:ion of the Lla!mcrto
use and mcmtain its entire prcpeny inc;11djng the right and power of the Llceisor to CCilStl'UCt. maintain. repatr. renew, use.
opaat&. change. mcdjfy or rekx:ate ratlroad t:racl:s. signal. c.'Cl'TlTillmicrnicn fiber optics. or other 'Wireiines. pipeilnes cmd other
facilities upon. aiong or CJC'CSS arry or ail perts of its property, ail or arrr of which may be ireel.y done at arry time or times by the
Licenser.
b) The foregoing grcmt is aisc subjec: to ail outstcmcimg superior Iigbis (inrh1ding those in favor of licensees cmd lessees oi
the Llcensors propeny, anci others) cmd the right oi the Licensor to renew and extend the same. and is made without covenant of
title or for quiet enjoyment.
Section.2. CONSIRUCilON. MAINUN.ANCE AND OPEBATION.
a) The Pipeline shall be constructed. operated. maintained. repaired. renewed. modified and/or reconstruc:ed by the
Licensee in strict conformity with Union Fedie Railroad Co. Common Stc::nciard Spedicdion l 029 adopted November 1949, , and
ail amendments thereof anci supplements thereto. 71hic:h b-r this reference is hereby macie a part hereoi. except as may be modilied
and aµp1 cved b-f the Licensor's Vice Presideru-E=lgmeering Sezvices. In the event such Specification conilic:s in arry respect with
the requiremems of arrr fecierai. stale or munic:ipai law or r egulaiion. su6 requirements shail govern on ail points of ccm1ict. but
in ail other respecrs the Specification shell apply.
b) All work periormed on property oi the Llc!msor in c onnection with the construction. mamtenance. repair. renewal.
modificction or r econstruction of the Pipeline shall b e done to the satisic:r::ion oi the Licensor.
c) Prior to the commencement of crrrr work in connection with the canstruction. mainlenance. repair. renewal. modilicction.
relocation. reconstruction or r emcvai of the Pipeiine where it passes underneath the roadbed and track or trc::cics of the Licensor.
the Licensee shail submit to the Licensor plans setting out the method andmcnner of handling the work. inc!Iiciing the shcnng and
CI'ibbing, if C!!rf, required to protect the Licensor's operations. and shall not proceed with the work until such plcns have been
apµuoed by the Vice President-Engineering Sezvices of the Licensor and then the work shcil be done to the satisfcx::ttcn of the Vice
President-Engineering Services or his authorized representative. The Licensor shall have the right. if it so elects, to provide su6
support as it may deem necessary for the safety of its trnc:k er trcci:s during the time oi ccnstru.ction. maintenance. repair. renewal.
modilicatiun. relocation. reconstrudon er remavai of the Pipeline. and. in the event the Licensor provides such support. the
Licensee shall pay to the Licensor, 7lithin fifteen ( 15) days after bills shall have been rendered therefor. ail expense i.ncuired by
the Licensor in connection therewith. which expense shail include ail assignable costs.
d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the
adjacent suriace of the ground.
Section 3. NQ'IlCE OF COMMENCEMENT OFWORK.
ff an emergeilC'{ should arise requiring immecliaie attention. the Licensee shcil provide as much notice as practicable
tc Licensor before commencinq a1IY work. In ail other situations. the Licensee shall notifv the Licensor at least ten ( 10) days (or
such other time as the Licensor may ailcw) in ar:ivcnce of the commencement of crrry ~ upon property of the Licansor in
ccrmect:icn with the ccnstrud:1cn. maintenance, repair, renewal. mOOffimtion reeeestruc::ion. relocalion or remcvai of the Pipeline.
All such work shall be prcsecuied diligently to completion.
Section 4. UCENSEE TO BEAR ENTIBE E<P;NSE.
The Licensee shail bear the entire cost and expense incurred in connection with the con.strudun. maintenance. repai:r
and renewai and crrrr and ail modification. revision. relocation. removai or reconstruction of the Pipeline, including crrry and ail.
expense which may be i.ncuITed by the Licensor in connection therewith for supezvisicn. inspection. fiaggmg, or otherwise.
mwrdc:xb
1 Exhibit B
r ..... JVVWVV \ ......... 4W.lv-Jl J
Naa-Slmdani to be Appruved. .A VP-Uw
Secticn5. REINFQRCTMENT, REI.QCATION OR REMOVAL Ofp!P'EIIN&
a) The ilcense herem grameci is subject to the needs cmd requirements oi the Licansor in the operation of its railroad cmd
in the 111fJlUVemem cmd use of its property, cmd the I.iamsee shcil. at the scie expeme of the Licensee. rein£crc:a the .Pipeline. or
mcV'l!t ail or crrrr purticn of the Pipeline to such new lcceticn as the Llomscr may designate. whenever. in the furthercmce of its
reascm:i:iie needs cmd requirememS. the Licensor shell find such ad:fcn reascnabiy necessary or d.emrable.
b) All the terms. ccmitt1cms and stipulaticms harem erpressed with reference to the Pipeline on property of the Licenser in
the locattcn herelnbeicr.e desc:ibeci shall. so far as the Pipeiine remains an the property, apply to the Pipeline as modified.
changed or ralocated within the comemp.lcmcm oi this sedicn..
Secticn6.
The Pipeline and all pans thereo:i 'Within and. outside of the limits oi the property oi the Licensor shall be con.struc:ed and.
at all times. maintained. repaired. renewed and operared in su6 mcmner as to c::mse no i.nierierence whatsoever wrth. the canstcmt
ccnmmous and unmtemxpted use oi the trades. property and facilities oi the Licenser. cmd nothing shail be done or suifered to be
done by the Licensee at crrrr time that would in crny manner impair the saiety thereof.
Section 7. PROTECTION Of FIBER OPTIC CAfil E SYSIEMS.
a) F"iber optic c::Ible systems may be buried on the Licensor's propeny. Protection of the fiber optic c::Ible systems is oi
extreme importance since crrrr break could disrupt sernce to users resuiting in business interruption anc:i loss oi revenue anc:i
proiits. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hcur muni:er) to determine ii fiber optic c:::tble is buried
cmywhere on the licensor's premises to be used 'oy the Licensee. if :t is. Licensee will telephone the telecamm11nicc:Iions
ccmpcmy(ies) involved. arrange fer a cable loc::Jter. :nake a:mmgemems for relccc:Iion or other protection oi the iiber optic cabie.
ail at Licensee's expense. cmci will commence no wor.k on the right oi m:rr until ail suc!i protection or relocc:tion has been
accomplished. Licensee. to the full extent permitted 'oy law, cmd wrthcuI waiving the pnvtlege. immunities. anc:i limitations oi liai::iility
in the Colorado Governmemai Immunity Act. 24-1 0-10 l ec.seq., as cmenCeci shail inciemnify end hcid U:e Licensor harmless from
cmd agcmst all costs. liability and expense whatsoever (including, wrthout limitation. attorneys' fees, c ourt costs and expenses)
arising out of or caused in crrrr way by Licensee's fcniure to compiy with the previsions oi this pcragi aph.
b) fn addition to other indemnity provisions in this Agreement. the Licensee, to the full extent permitted by law, and without
watvlng the privilege. immunities. cmci limitations of liability in the Colorado Governmeniai Immunity Act. 24-10-101 ec.seq., as
amended. shall indemnify cmd hcid the Licensor harmless from and agcinst all costs. liability and expense whatsoever (inch1cfuig,
without limitation. attorneys' fees, court costS and. expenses) caused by the negligence ai the Licensee. its contrccter, agents <:mid/or
employees. resulting in (1) any damage to or destruc:ion oi crrrr teleccmmunic::Iion system on Llcensor's property, r:md/or (2) crny
injUiy to or death oi any person employed 'oy or on behaif of crrrr teleccmmu:nicciicn compcrrrr. crM./or its contro::ter. agents <:mid/or
employees. on licensor's property, except to the extent that such costs. liability or expenses are caused by the direct active
negiigence of the licensor. Licensee further agrees that it shall net have or see.ic recourse against Llcenser for crny dcmn or cause
of action for alleged loss oi profits or revenue or loss of service or other consequential damage to a telecommunication company
using Licensor's property or a c-..istomer or user oi services of the fiber optic cable on Llcensor's property.
Sect1on 8. CI.AIMS AND r JENS FOR L;BOR AND MATERIAL TJ;XES.
a) The Licensee shall fully pay for ail materic:ds joined or affixed to and labor performed upon property of the Licenser in
camecticn with the construction. mcmtenance, repair, renewal. modification or recanstructicn oi the Pipeline. and shall net permit
or suffer crny mechanic's or materialman's lien of crny ldnd or nature to be enforced against the property for crny work done or
materic:ds furnished thereon at the instance or request or an behaif of the Licensee. The Licensee shall indemnify and hold
harmless the Licensor against and from any and all liens. claims. demcmds, costs and expenses of whatsoever nature in any way
connected with or growing out of such work: done, labor periormed. or mcteriais furnished.
b) The Licensee shall promptly pay or discharge ail taxes, charges and assessments l9'1ied upon. in respect to, or on account
of the Pipeline. to prevent the same from becoming a chc::rge or lien upon property of the Licensor. cmd so that the taxes. charges
and assessments levied upon or in respect to suc.'1 property shall net be iru::'eased b~e of the loc::It:ton. construction or
maintenance of the Pipeline or arrr improvement. appliance or fimlre cODnected therewith placed upon such property, or on
acccunt of the Licensee's interest therein. Where such tc::r. charge or assessment may not be separately made or assessed to the
licensee but shall be inclucied in the assessment of the property oi the Licenser. then the Licensee shall pay to the Licenser an
equitable proportion oi suc..'i taxes determined by the 'rciue oi the Licensee's property upcn property of the licensor as compared
mwT'dexb
2 Exhibit B
S«ttm9. RESTORATION QfUCEN§OR'S PROPERTI'-
rn the 9991tt the LJomscr mrtb1 ii j IN the Llcsmee to tcicB dcwn anyfem:e oi the Uomscr CJrm anymannarmav9 QC' disturb
any of tba other property of the Liamsnr in ( ill ii 1.:ttnn with the cnnstrud1nn. mamtamnce. rapajr. I"9lmWai. modfflcnttnn
reccastrud1cm. re.iocaHnn orremcvai oi the Pipeline. thenm thc:r avem the Ucansee sbail. as soon as pcssible c:mdat .Llcansee's
scie azpe"ISB restcra such fem:a aad otbar ptopett? to the same mncjtttnn as the scme were m.beiore such facat was tabm dawn
or such other property~ :mcved or distm:bed. cmd. the Licemee. to the full axtam pammted by law. cmd. wtthout waiving the
µmlag'9. jmmnnittes acd ltmrtartcns of liability in the Coicrac!c Gove••• rrmTtni Trmmmny kt Z4-1Q..101 ac.saq .. as ammxiad shell
inc:immify amihclci brnmlMS the Ucsmor. its oiffcsr.J. agl9l2is acd emplcyees. agc:imt cmfrcm any cm ail liability, J.oss. dcm.agas.
daims. cfmzands costs cm mpeasas of wLctsoavet ncmre. incft1 dinq court costs cm attcmays' fees. wi:m:h may result frcm.iIJiurY
to c:rdeadl of parscns wilcm.sceve!'. ar dcmage to or less or destrudicn of pzopelt? wbctsoever. when such injury, daath. damcge.
loss a dastructtcn grows out of or cmsas from the takmq down oi cmy feru:a or the mcvinq or disturlxmce oi cmy other property oi
the Licemcr.
Secttcn 10. INDEMNIIT-
cU As used in tills Secttnn. "Licenser" jnci11des other rc:ilrccx:i cowpauies usiilq the Licenser's property at or necr the locaticn
oi the Licansee's installation acd tbell' officers. agents. acd empicyees: "Less" incbides loss. damcge. dallns. demands ar:ticns.
ccuses of ar:t1cc. penaities. costs. acd azpenses of wbatscever ncture, inc!tiding court costs and attcmsys' fees. which may result
from: (a) injury to or death of persons whomsoever (incb11img the Licensor's officers. agents, acd employees. the Licansee's
offfcers. agents. cmd. employees. as well as arrr other parson); crnrj/or (b) damage to or loss or destruc:icn of prcpertywbatscever
(fncft1dfnq Licensee's property, damage to the roadbed. tracks. equipment or other property of the Licensor. or property in its care
or custody).
b) As a major inducement and in consideration of the license and permission herein granted. the Licensee agrees. to the
full extent pammted by law, acd witbcut waiving the privilege. immmmm;, and limitai:icns of liability in the Colcrcdo Govm1•rr1entc:d
Tmrrnanrty kt 24-10-101 ec.seq., as amended. to indemnify acd hold harmless the Licensor from cmy Loss which is due to or arises
from:
l. The prosecution of cmy work contemplated by tills Agreement incbading the instc:dkrtion, ccnstruciicn.
matntencmce. repair. renewai. modificaticn. reccnstructtcn. relccaticn. or remcvai of the Pipeline or cmy part
thereof; or
2. The presence. operation. or use of the Pipeline or contents escaping thereirom.
except to the extent that the Loss is caused by the negligence of the Licensor.
Sect1cn 11. REMOVAL Of p!PE I.INEUPQN TERMINATION OF AGBE™f'NT
At the tennincJticn of this Agreement howsoever, the Licensee sbail. at Licensee's sole expense, remove the
Pipeline from those porttcns of the property net occupied by the roadbed and track or tracks of the Licensor cmd. shcilrestcre. to
the satisfact1cn of the Licacsor, such pcrttccs of such ptcperty to as geed a mndffinn as they were in at the time of the ccmtruct1cn
of the Pipejjne. If the Licensee fails to de the fcregoiug. the Licensor may de such work of removai acd restcrcttcn attbe cost and
<npense of the Licensee. The Licensa may, at its option. upon such temtincttcn, at the entire cost acd expense of the Licensee,
ramcve the porttcns of the Pipeline loccied. U1ldemeath. its roadbed cmd. track or tracks acd restore such roadbed to as gcod a
ccndfticn as it was in at the time of the mnstrud1cn of the Pipeline. or it may permit the Licensee to de such work of remcvai and
1"91!1tutattcn to the sattsfacttnn of the Llcacscr. In the event of the remcvai by the I.i.omscr of the pzoperty of the Licecsee c:md of the
restcrattcn of the roadbed acd µcperty as herein provided. the Licensor shcil in nc manner be liable to the Licensee fer any
d.amcge sustained by the I.icemee for or an account thereof. and such rem.cvai and restcra1:1cn shcil in nc manner prejudice or
impc:Dr any rtght of action for dmnages. or otherwise, that the Licensor may have against the Licensee.
Secttcn 12. WAIVER OFBHEACH.
The waiver by the Licensor of the breech of crr!'f eonrDttcn ccvenam or agreement herein contatned to be kept absmved.
cmd. perfcn:ned by the Licensee shall in no wr:rt impair the right oi the Licensor to avail itseli of cmy remedy for any subsequent
breach thereof.
3 Exhibit B
P!.X 9lll3G6 (Sm lS0-37)
Nm<Zt ' :imm~A\114.aw
$ecttm 13. l'EBMINATJQN.
al· If tha Uc-i--dcas net use the dgbt.barein gicmt&dortbe Pfpeiimferom (1) yem: cr:if tba ti.c • • c=nnttm 1• in daiau1t
in the pw u" ••Ii ••Ii e-of anr covecmt or agtMt!lant .barein cmtnmeci fer cxpmlcd. of thirty' (30) days aftarwnttmt IJCt1ca frcm the
Tlcwzsrio tbefic .. 11 Sf*'lfyiug suchdeirn1!t the IJcmmrmar. atitsaptaa. fotthwithnmn-ifatNytw 11 •h •nhttbisAgreemallt
brwrittm.I2Ctica.
b} fnadrfftti it I tctbe ptOlfisicm of subpcrr:igrapn (a) abcv9. fhisAgraemmtmay be IM I I ih a:ztwi by wtittaJ.IlCticegivalby eitbsr
party' haratD ta the otba-aa any debt in suchncttce statad. net lea. hcwuua. them tbirty-(30) days· subsequaat to the debt upon
whichsucf1ncdca-shailbt giv&1.
c:) Ncttatof daiaWt andncttce oft••• •h•nttnn may be saned parscDJilyupcn the Licans a or bymatHnqto the last known
acidrea of the Licemea. Ta•• •i• ""l'ttnn of tbisAgreemam fer aziyrm. shailIJCt affect any of tba rights oroCifgcttnns of the pcrttas
haretc which may hcmt accrued. or llablfttes, accrued or otherwise. which may hcmt amen prier' thereto.
Se:ttm 14. ACffiEEMEN!NQI'IP BEASSIGNfD.
The Licemee sbcilnct assign this Agraemem. in wbcie or in part er any tights herein gicwtai witbcut the written c:cnsem
of the Licemcr; and it is agreed tbc:t anytrcmsfer orassigmn-rt aratt&11('1ed trcmfarormmigmnart of this.Agreemam orarrr of
tbe rights harem giCDted. whsthar"1Cluntcry, by opemticn of law, or otharwisa. without such ccnseni"in wrttmq, shall be absolutely
vcid and. at the opttcn of the Llcecscr, shall terminate tbis Agreemem.
Sedicn 15. SUCCESSORS AND ASSIGNS.
Subject to the prcvisicils of Sedicn 14 hereof, this Agreement shell be bioding upon and inure to the benefit of the parties
hereto, their heirs. executers, admjnisb:atorso succassors and assig:tJs
4 ExbibicB
City of Englewood
March 25 , 1998
Mr. Ron Karl
Arapahoe County
5334 S . Prince St.
Littleton, CO 80166
Re: Lot 30, Block 6, Skerritts Addition 3rd Filing
Dear Mr. Karl :
ATT. '1
3400 S. Elati Street
Englewood, Colorado 80 11 0-2304
Phone (303) 762-2300
(303 ) 762-2301
FAX (303)789-1125
Recently the City of Englewood's Water Department inquired of Arapahoe County about the
possibility of placing a gate on the above referenced parcel (see attachment). This parcel is
located in the City of Englewood and adjoins City Ditch. We recently piped the Ditch arid we
need the gate to control access . We were informed that Arapahoe County probably acquired this
parcel through delinquent taxes , that the County has no use for the land and would be will to
transfer ownership to the City of Englewood.
The City is interested in acquiring this parcel. Please provide us with information as to how the
land would be transferred and what costs would be involved.
If you have any questions, you can call me at 303-762-2643 .
Utilities Manager of Administration
h:\j bodc\docs\ditcbgiit
18
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9
t<f:Gl::fVED MAR 2 Q 1998
Porzak Browning & Johnson LLP
Glenn E. Porzak
Michael F. Browning
Richard A. Johnson
George V. Berg, Jr.
Steven J. Bushong
Michael J. Repucci
David G. Hill, Esq.
Jack M. Graves, Esq.
ATTORNEYS ·AT ·LAW
929 Pearl Street, Su ite 300 • Boulder, CO 80302
303 443-6800 • Fax 303 443-6864
March 18, 1998
Chrisman, Bynum & Johnson, P.C.
1900 15th Street
Boulder, CO 80302
Dear David and Jack:
Wm. Ike Krasniewicz
Julie Schoenfeld
Of Counsel:
Neil C. King, P.C.
Both personally and on behalf of the Go lden City Council, I want to express my deep
appreciation to you and the City of Englewood for the amicus curiae brief filed in FRICO v.
Golden. The legal brief you filed is outstanding in all respects, and particularly demonstrates the
importance of the public policy underlying the doctrine of res judicata.
Thank you again for your efforts, and please extend the City of Golden 's appreciation to
Englewood's City Council and water utility officials.
GEP:fd
cc: Golden City Council
Michael Bestor
Dan Hartman
fd2555
Bes t wishes,
~
Glenn E. Porzak
SheaHomes
March 2, 1998
Stu Fonda
Director of Utilities Department
City of Englewood
3400 South Elati St.
Englewood , CO 80110
Dear Stu :
ATT. 5
This is a follow up to our meeting on March 3rd wherein we mutually updated
each other as property owners in Highla nds Ranch with particular reference to
those properties which will be affected by the opening of the Highlands Ranch
Boulevard interchange the next month o r so.
As part of our overall planning for this area of Highlands Ranch we, as property
owners , recognize the need to share information about our planning, marketing,
and infrastructure efforts. We look forward to working with you and
representatives of the City or its consu ltants on its joint planning activities.
As Shea begins its marketing efforts for t his area of Highlands Ranch , we will be
looking forward to receiving from the City its concepts regarding the use or
disposition of the City's properties particularly in planning areas 81 and 85.
We certainly appreciate the long-term re lat ionship the City has had with
Highlands Ranch and look forward to working with you on these and other
issues .
Jose
Vice President
JBB/akm
8822 S. Ridg e li n e B lvd ., Highland s Ranch , CO 80126 tel: 303 -791 ·8180
COLLINS AND COCKREL, P.C.
PAUL R. COCKREL
JAMES P . COLLINS
ROBERT G. COLE
PAUL C . RUFIEN
ATTORNEYS AT LAW
390 UNION BOULEVARD, SUITE 400
DENVER, COLORADO 80228-1556
March 27, 1998
Mr. Stewart H. Fonda, Director of Utilities
City of Englewood
3400 South Elati Street
Englewood, Colorado 80110-2304
Dear Stu:
TELEPHONE
(303) 986-1551
WATS
(800) 354-5941
TELEFAX
(303) 986-1755
E-MAIL
CandC PC@aol.com
Per our discussions , enclosed is a rough draft Plan and Agreement for
Dissolution between the Valley Water District and the City of Englewood. We have
attempted to incorporate as much as practical from the Englewood/Cherry Hills
Village Agreement, pursuant to your instructions.
The one item of concern is setting an outer parameter on the differential rates
which would be charged. On that subject, we propose that the maximum differential
rate be set at 200%, but that except for unusu al maintenance and repair items, the rate
normally would continue at the 150% current in effect.
Thank you in advance for your consideration. Again, please let us know what
more we can do.
/ab
Enc.
cc: The District
Sincerely,
James P. o ms
Special Counsel to Valley Water
District
vsd\l!r\fond-a&p.dis
AGREEMENT AND PLAN FOR DISSOLUTIO»
~~ ~f\.~
THIS AGREEMENT AND PLAN FOR DISSOLUTION ("Agreement") is made
this_ day of _______ , 1998, by and between the VALLEY WATER
DISTRICT, a quasi-municipal corporation and political subdivision of the State of
Colorado ("District"), and the CITY OF ENGLEWOOD, a home-rule municipal
corporation organized and existing pursuant to Article XX of the Colorado Constitution
("City"), collectively "Parties".
RECITALS
WHEREAS, the District was organized pursuant to the provisions of Article 1,
Title 32, C.R.S., to provide water infrastructure within the jurisdictional boundaries of
the District; and
WHEREAS, the City is a home-rule municipal corporation organized and
existing pursuant to Article XX of the Colorado Constitution and is empowered by law
to acquire water treatment and distribution facilities so as to provide municipal water
service to its inhabitants; and the City has the ability and authority to enter into contracts
for the sale of water and water services outside the city limits under Section 124, Article
XIII of the City Charter; and
WHEREAS, the District's corporate boundaries consist of property located both
inside and outside of the corporate boundaries of the City, a depiction of which District
boundaries is attached as Exhibit A (the "Service Area"); and
WHEREAS, the City is now operating a municipal water system which serves
the Service Area through the Total Service Contract, dated May 5 , 1980 ("Total Service
Contract"), a copy of which is attached as Exhibit B; and
WHEREAS, the City and the District believe that consolidation of the water
functions of the City with the District's water functions would assist in the avoidance of
duplicative legal, accounting, auditing, insurance, administration and other costs for the
property owners in the Service Area, some of whom are citizens of the City; and
WHEREAS, the District is willing to convey to the City all of its interests in and
to all of its real and personal property used in the provision of water service to the
Service Area, to be used to continue the service to the Service Area; and
2
WHEREAS, the City is willing to acqmre and receive all of said real and
personal property currently owned by the District and to continue the provision of water
service to the Service Area; and
WHEREAS, the City has sufficient amount of potable water of a quality and
quantities as to provide to the Service Area water services similar to those furnished to
other users inside and outside the City; and
WHEREAS, the City is willing to assume all obligations and rights of the District
relating to the provision of water service, and the District warrants that there are no
outstanding District debts or financial obligations; and
WHEREAS, the District is dissolving and entering into this Agreement which
replaces the Total Service Contract, which action the Parties agree fulfills the
obligations of the City and the District thereunder.
NOW, THEREFORE, the District and the City agree as follows:
1. Review by Court; Effective Date. This Agreement is subject to the review
and approval of the District Court in and for the County of Arapahoe and State of
3
Colorado in Case No. 11424, and the executory proVIs10ns hereof are subject to
approval of the proposed dissolution of the District at an election to be held by eligible
electors of the District. Therefore, the effective date of this Agreement will be the date
upon which the election results approving the dissolution of the District are confirmed
by Order of the District Court pursuant to the provisions of Section 32-1-707, C.R.S.
2. Conveyance of Property by District. District agrees to convey to the City
by appropriate and properly executed documents (i) all right, title and interest in and to
all property owned by the District, whether real or personal, including but not limited to
water mains, water service lines, curbstops, manholes, pumping facilities, water
treatment facilities, easements, rights of way, water rights, ditch rights, (ii) any and all
other real property owned by the District, (i ii) all facilities or equipment appurtenant to
the aforementioned property, real or personal, and (iv) all other property of every
description owned by the District and used to provide water service to the Service Area
(the "Water Service Facilities" or "Facilities"). Copies of the conveyance forms
proposed to be used are attached as Exhibit C.
3. Assignment of Rights and Assumption of Obligations. As of the effective
date of dissolution as provided hereinabove the District will assign, transfer and set over
to the City each and all of the District's rights, privileges, authorities and powers
4
provided in all of the District's current contractual obligations, if any, related to the
provision of water service, and maintenance of the Facilities therefor. The City will
assume and accept the same, subject to the terms and provisions of such contractual
obligations. A list of the contracts to which the District is a party is marked Exhibit D,
attached hereto and incorporated herein by reference. As shown on Exhibit D, none of
the contracts contain financial obligations, as the District has no outstanding financial
obligations. The District will further delegate and assign to the City all of the District's
rights and obligations to provide services and the District's right and entitlement to
receive from customers of the District all outstanding amounts due and payable. The
City will assume and accept the same. The District shall pay to the City any funds or
assets in its possession, which are expected to be minimal. Should some significant
obligation of the District of which the Parties are not currently aware become known
within five ( 5) years of the date of the dissolution of the District, the City shall have the
right to petition the Court, following notice to property owners in the Service Area at the
time of dissolution, for authority to assess the cost of such obligation to the property
within the Service Area at the time of dissolution.
4. Continuation of Service by City. The City will incorporate the operations
of the Service Area into its municipal water system. In connection therewith, the City
will provide water service to of the Service Area which is consistent with the operations
5
of the City's water system within and without the corporate boundaries of the City.
Future capital improvements and system upgrades in the Service Area will be made by
the City on the same basis as the City uses in making such upgrades or improvements to
its water system.
Determination of the needs and requirements of the City and its inhabitants
with respect to its water system is a fact to be determined by the City Council at its
discretion, to be exercised from time to time as occasion may require. The City intends
to maintain a water supply adequate to meet the needs of its inhabitants and approved
areas dependent on the City for such supply , and agrees to use all reasonable means to
maintain a surplus of water from which to furnish users with potable water for normal
use. However, there are circumstances which make it uncertain whether the supply can
always be adequate. In times of shortage of available water for any reason , service to
users outside the City must be curtailed and, in the happening of such event, shall be
curtailed on the following basis, the first listed curtailment being adopted to meet the
least serious situation and the succeeding curtailments being adopted in addition as the
situation becomes more serious, and the last such curtailment to be invoked only to meet
the gravest possible situation and one which every reasonable precautions will be taken
to avoid:
6
A. Restriction of irrigation.
B. Prohibition of irrigation except for commercial greenhouses.
C. Prohibition of every use except for domestic use and of essential
industry.
D. Prohibition of all use outside the City except domestic uses.
E. Prohibition of all uses outside the City .
It is understood that curtailments A, B, C above shall be applied to customers
inside the city limits before the City shall impose curtailments D and E. The City will
not implement Subparagraph E hereof unless and until it has implemented Subparagraph
D as to all service areas within and without the City and that the City will treat the
portion of the Service Area outside the City as favorable as it treats any other service
area outside of the City.
5. Availability of Future Water Service. The City will continue the services
to the Service Area making available treated water from its municipal water system to
7
all property which is located within the Service Area as of the date of this Agreement,
whether now vacant or currently receiving service. To the extent that the portion of the
property located within the Service Area is also located outside of the corporate
boundaries of the City, this Agreement will constitute a contract to provide out-of-City
water service within the meaning of the Englewood City Code. The City agrees to
operate, maintain, repair and replace all facilities which come under its dominion in the
Service Area to the extent that such maintenance is necessary to the furnishing of
potable water service provided for in this Agreement. Notwithstanding any other term
or provision in this Agreement, it is specifically understood and agreed that the City
may suspend the making of any new main extensions and taps in the portion of the
Service Area outside the City, provided, however, that the City shall be obligated to
exercise this right of suspension uniformly among all areas outside the City which are
similarly situated. The City agrees to provide written notice to the Service Area in this
matter as far in advance as practicable. All service facilities installed or replaced in the
Service Area shall be installed pursuant to the rules, regulations and standards of the
City and shall be subject to all rules, regulations and policies governing their use.
6. Water Rates.
8
6.1. In-City and Out-of-City Water Rates. Customers in the Service
Area whose property is located within both the Service Area and the corporate
boundaries of City, as the boundaries of City change from time to time, will pay for
water service received from the City at the City's in-City water rate. Customers in the
Service Area whose property is located outside the corporate boundaries of the City will
pay for water service received from the City at the City's out-of-City water rate. It is
mutually agreed that changes will be required from time to time in the water service
charges for the Service Area. It is therefore agreed that the City may modify the charges
for water service provided herein, in its discretion, provided:
A. The City shall give public notice as required by the City
Ordinance to make any changes to the water service or water
connection charges.
B. The City shall have reasonable discretion to establish and
apply criteria for determining, for both the systems inside and
outside the City, the rate structure, the necessary plant, the plant
value, and the operation, maintenance and depreciation costs.
9
C. The City may establish, impose and collect fees for the
water service it provides users in the Service Area which shall be
known as "water service charges." In addition, the City may at any
time impose other such rates, tolls, charges or combinations
thereof, for granting a user the right to take water through the
Water Service Facilities . These charges shall be known as "water
connection charges" which is a charge separate from the water
service charge, and one does not include the other or any part
thereof.
D. Methods of collection and schedules of fees for water
service and connection charges the City shall apply to all users in
the Service Area and shall be similar to those imposed by the City
to other inside and outside City Areas, as applicable to customers in
the Service Area inside and outside the City.
6.2. Determination of Single Family Equivalents --Water Fees. The
City and the District acknowledge that the City's base water fees are currently
.
calculated on the basis of the number of Single Family Equivalents ("Sf Es") assigned to
the property receiving such water service based upon the use of the property as currently
10
set forth in Section ________ of the Englewood City Code. The number of
SFEs assigned to all properties located within the Service Area will be determined by
applicable City Ordinances in effect from tim e to time.
7. Tap Fees.
7 .1. New Taps -Property Within Both City and Service Area. There
are no pre-paid taps for any property located within the boundaries of the District.
Notwithstanding the provisions of Section 7.2, below, in the future the owner of
property which is located within both the Service Area and the corporate boundaries of
the City as of the date of connection to the City's municipal water system may connect
to the City's water system upon payment to the City of a Plaint Investment Fee at the
City's in-City rate as determined by applicable City Ordinances in effect on the date
such connection is made. There is no limitation on the number of connections to be
allowed by the City under this Section 7 .1; although the Parties believe the District to be
100% built out.
7.2. New Taps -Property Outside City Boundaries but within the
Service Area. The City will allow additional taps for the use by owners of properties
located within the Service Area but outside the b oundaries of the City as of the date of
11
the connection to the City's municipal water system. Such additional taps shall be at the
City's then-current out-of-City rate. Such connections shall be made available by the
City on a first come, first served basis. The number of SFEs required for any new taps
sold by City under this Subparagraph 7. 2 will be determined by applicable City
Ordinances in effect from time to time. Again, the Parties believe the District to be
100% built out.
8. City Regulations. From and after the date of the dissolution of the District
all the general rules and regulations and amendments thereto placed in force by the City
concerning the operation, conditions of service, and procedures relating to the
installation of new main lines and taps of the City's Municipal Water System, shall be as
fully enforceable in the Service Area as inside the City.
9. District Employees. There are no employees of the District.
10. Cash Balances. All funds remaining in the treasury of the District at
dissolution will be transferred to and will become the sole property of the City. It is
expected that such funds will approximate one thousand dollars ($1,000). Parties agree
that the funds transferred to the City by the District will be used by the City toward any
liabilities which may arise.
12
11. District to Cease to Exist; No Mill LeyY. On and after the date of
dissolution of the District as hereinabove provided, the District will cease to exist for all
purposes. From and after such date, the District will not have the power to impose a
mill levy on any of the taxable property located within the Service Area.
12. Limitations on District Authority. From and after the date of this
Agreement (i) no additional property will be included within the Service Area, nor will
the boundaries of the District be altered in any way, (ii) no new contract to provide
water service to property located outside the current boundaries of the Service Area will
be entered into by the District, and (iii) no new debt or financial obligation of any kind
(other than obligations arising from the normal, day to day operations of the District)
will be incurred by the District without the prior written consent of the City .
13. Certification of District as to Easements. The District hereby certifies to
the City that, to the best of its knowledge, information and belief, all facilities lie within
easements and no substantial inadequacies exist in the easements to be conveyed to City
pursuant to this Agreement.
13
14. Protection of Directors. It is the intent of the City to release the Directors
of the District from any further liability (except for liability arising from the
malfeasance or intentional wrongdoing of such Directors); however, the Directors of the
District will remain liable for any actions or decisions for which they are liable made
prior to the dissolution.
15. Enforcement of Agreement. This Agreement may be enforced by any
owner of taxable real property located within the Service Area.
16. Mutual Cooperation. The District and the City mutually agree to
cooperate with one another to take such actions as are necessary to expedite the
dissolution of the District.
17. Public Utility. It is understood and agreed to by the Parties that the City
does not hold itself to be a public utility or subject to the control of the Public Utilities
Commission of the State of Colorado for any purpose whatsoever. This Agreement and
all parts thereof are subject to applicable decisions of the Supreme Court of the State of
Colorado regarding lack of jurisdiction of the Public Utilities Commission over
municipal water systems and the supply of water therefrom to users outside City limits.
14
18. Binding Effect. The terms and conditions set forth in this Agreement shall
be binding upon and shall inure to the benefit of the District and the City, and their
respective successors and assigns.
19. Enforcement of Agreement. Every obligation assumed by or imposed
upon either Party shall be enforceable by any appropriate action, petition or proceeding
at law or in equity.
20. Dissolution Not Approved. If the dissolution of the District is not
approved at the election, this Agreement shall be null and void and of no further force
and effect and the Total Service Contract will remain in effect.
21. Entire Agreement. This Agreement constitutes the entire agreement
between the Parties concemmg the subject matter hereof, except as specifically
supplemented by relevant statutory provisions.
15
IN W1TNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
ATTEST:
Secretary
ATTEST:
City Clerk
VALLEY WATER DISTRICT
By: _____________ _
President
16
CITY OF ENGLEWOOD, a
Colorado Municipal Corporation
By: ___________ _
_________ __,Mayor
EXHIBIT A
(DEPICTION OF DISTRICT BOUNDARIES ("SERVICE AREA"))
EXHIBITB
[TOTAL SERVICE CONTRACT, ENTERED INTO ON MAY 5, 1980
BY AND BETWEEN
VALLEY WATER DISTRICT AND THE CITY OF ENGLEWOOD)
EXHIBITC
[PROPOSED CONVEYANCE FORMS)
EXHIBITD
[LIST OF CONTRACTS TO WHICH DISTRICT IS A PARTY)