Article 6 – Main Extensions

6.0  ARTICLE 6 – MAIN EXTENSIONS

6-1 APPROVAL REQUIRED; IMPROVEMENTS AGREEMENT: No Property Owner or Developer shall construct or install an extension to any District line or main within the jurisdiction of the District without the prior written approval of the District, following formal application therefore, upon compliance with these Rules and Regulations. Property Owner shall enter into a written Improvements Agreement, and where applicable, other required agreements with the District setting forth additional terms and conditions applicable to the extension of any District line or main.

6-2 LOCATION: All extensions shall be located only in rights-of-way or easements deeded to the District, or in roads or streets which a city, county, State Highway Department, or other public agency has accepted for maintenance as a public right-of-way.

6-3 DEEDED RIGHTS-OF-WAY AND EASEMENTS: Deeded rights-of-way or easements necessary for extensions not located in public rights-of-way shall, if located within property owned or under the control of the Property Owner, be granted at no cost by Property Owner to the District at such time and upon such terms as the District may reasonably require. In addition to the requirements set forth in the System Specifications, Property Owner/Developer shall comply with the following minimum requirements in connection with all such grants:

6-3-1 Legal Description. Property Owner/Developer shall furnish the District with a legal description of all right- of-way or easement parcels to be granted by any single conveyance instrument, consisting of a printed legal description, certified by a land surveyor registered in the State of Colorado, and an accurate survey drawing of each parcel, including north arrow and scale, tying each parcel to a survey land corner or corner of a platted parcel of land.

6-3-2 Evidence of Title. Property Owner/Developer shall furnish suitable evidence of title, consisting of a commitment for or a title insurance policy, an attorney title opinion, or a written ownership and encumbrance report, dated within 30 days before the date of submission to the District. Evidence of title must show all current mortgages and deeds of trust, liens, and other encumbrances against the property.

6-3-3 Release of Encumbrances. The District may, at its discretion, require a properly executed and acknowledged release to exempt any easement or right-of-way parcel from the lien of any mortgage or deed of trust. If so required, the District will not accept the extension(s) or other facilities for maintenance until it receives all required releases. The District reserves the right to require additional or supplemental evidence of title when the release is recorded.

6-4 RIGHT OF WAY ACQUISITION COSTS: Property Owner/Developer shall be responsible for and pay, directly or indirectly, or reimburse District for, all costs and expenses of whatever kind associated with the acquisition and approval of all easements and rights-of-way necessary to extend service from existing District facilities to the boundary of the property to be serviced pursuant to the Improvements Agreement. These expenses may include all those costs and expenses associated with and incurred by the District in any condemnation action, including costs of real estate appraisals, expert witness fees, and attorneys’ fees, but this requirement shall not be construed as imposing any obligation whatever upon the District to commence or prosecute any condemnation action.

6-5 DESIGN AND CONSTRUCTION: Property Owner/Developer shall at his sole cost and expense design, construct, and install all extensions, including without limitation frontage extensions, reasonably required by the District to serve the subject property. All such work shall be in conformity with and subject to the District's Master Plan and to applicable rules, regulations, standards, and specifications, and in accordance with the terms and conditions of any applicable extension agreement or subdivision service agreement authorized herein.

6-6 PLAN REVIEW AND APPROVAL: No construction of any extension shall begin until after the plans and design therefor have been submitted to, and reviewed and approved by the District and Lafayette as conforming with the District's Master Plan and other applicable standards, and a preconstruction meeting has been held. The District shall inform Property Owner/ Developer in writing of the reasons for any disapproval. Upon approval of the plans and design, the District will schedule the preconstruction meeting.

6-7 CONSTRUCTION OBSERVATION: Property Owner/Developer shall notify the District at least two business days before commencing construction and at any and all other times specified by the District for observation, inspection or testing in any plan approvals or otherwise.

6-8 MAINTENANCE AND REPAIR: After acceptance of the Main Extension, District shall be solely responsible for all routine maintenance and Property Owner/Developer shall be solely responsible for correction of any and all defects in the extension during a warranty period of 12 months:

6-8-1 Subsidence. During the warranty period, Property Owner/Developer shall, at his sole cost, correct any soil subsidence or erosion which the District determines occurred in connection with or as a result of construction of the extension prior to conveyance to the District or during the warranty period.

6-8-2 Cure of Defects. During the warranty period, Property Owner/Developer shall, at his sole cost, correct, repair or replace any part or parts of the extension which the District reasonably determines were not constructed in conformity with these Rules and Regulations, approved plans, construction notes or specifications, or which the District determines to be defective, of poor or un-workmanlike quality, or otherwise not in conformity with any applicable warranty.

6-9 DISTRICT EXTENSIONS: The District reserves the right to extend its lines or construct new mains in situations which it determines may be in the best interests of the District and its constituents, upon such terms and conditions as the District may reasonably determine.

6-10 REIMBURSEMENT: In those cases where a Property Owner has entered into an Improvements Agreement according to Section 6-1 and constructed at his cost a main extension, the District may also enter into a Reimbursement Agreement with the Property Owner. The reimbursement agreement is intended to make it possible for the Property Owner to recover part of the cost of the extension if the extension provides other service to the District or to other property owners served by the District. The conditions of this Reimbursement Agreement are defined in a separate document available from the District.