20080506MSW to Corvino 1-6.pdf

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John R. Hammond, Jr., ISB No. 5470
Fisher Pusch & Alderman LLP
U.S. Ban Plaza, 5th Floor
101 S. Capitol Boulevard, Suite 500
Post Offce Box 1308
Boise, ID 83701
Telephone: [phone]
Facsimile: [phone]
RECEIVED
r1AY -6 PM 3~ SO
IDAHO PL8u~
UTILITIES COMMISSION
Attorneys for Applicant
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
APPLICATION OF IDAHO SPRIGS
WATER COMPAN, INC., FORA
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
CASE NO. ISW-W-08-01
IDAHO SPRINGS' SUPPLEMENTAL
RESPONSES TO FIRST
PRODUCTION REQUESTS OF
GERAD J. CORVINO
IDAHO SPRINGS WATER COMPANY, INC. ("Idaho Spnngs),by.and its attorney of
record, John R. Hamond, Jr., supplements its responses to the First Production Requests of
Gerald J. Corvino as follows:
Request No.1: Please provide a list of beneficial owners of Idaho Spnngs Water
Company, Inc., Arbor Ridge, LLC, Intermountain Sewer and Water, Inc. and Powder River
Development, Inc. by name and percentage owned.
Supplemental Response:All shares or membership interests of the foregoing
companies are owned by Gregory B. Johnson.
Request No.2: When did the Company first charge and collect a water connection fee
for the Arowrock Ranch subdivision? Please provide a detailed descnption of the transaction
(e.g., date billed or contracted, payer, payee, amount, etc.) including copies of the contract or
sales agreement.
IDAHO SPRIGS' SUPPLEMENTAL RESPONSES TO FIRST PRODUCTION REQUEST OF GERALD J.
CORVINO- i
ORIGINAL
..
Supplemental Response: The charge for the water connection fee for each lot in the
Arowrock Subdivision was identified in the buyer's purchase/option agreement, and was
collected at closing of the sale of a lot. The first lot to close was Lot 49, Block 1, Arowrock
Ranch 1, on October 17, 2005, and the purchaser was Classique Homes, LLC. The water
connection fee was paid to Arbor Ridge LLC. The amount of the connection fee collected was
$2,500.00. The underlying purchase/option agreement relating to this lot was dated August 1,
2005. Copies of the buyer's Escrow Closing Statement showing the $2,500.00 water connection
fee as having been collected, and the purchase/option agreement, identifyng the water
connection fee as an additional charge to be collected are attached hereto as Exhibit 26.
Request No.3: When did the Company first contact the PUC regarding a Certificate of
Public Necessity and Convenience (CPCN)? What form did the contact take (e.g., phone call,
letter, meeting)? .. Who was involved from the Company and the PUC? Please provide any
documentation from that contact.
Supplemental ResponSe: The Company's contacts were made by telephone with the
Commission Staff and not the Commission itself in February 2007. The phone call's purose
was to setup a meeting between Company representatives and the Commission Staff.
Request No.4: Did the PUC ever demand or request the Company apply for a CPCN?
Who was involved from the Company and PUC? When did the contact take place? Please list
all occurrences and provide any documentation.
Response: Although there had been previous discussions with the Commission Staff
about fiing for a certificate, no demand was made by Staff until Januar of 2008 (not the PUC
itself) that the Company fie an application for a Certificate of Public Convenience and
Necessity. This contact was made in telephone calls between counsel for the Company and a
IDAHO SPRIGS' SUPPLEMENTAL RESPONSES TO FIRST PRODUCTION REQUEST OF GERALD J.
CORVINO-2
Deputy Attorney General who works at the Commission. Previous to January of 2008, the
Company had discussions with the Commission Staff concerning when an application for a
certificate would be fied. It is believed that these contacts were in early 2007 based on
correspondence between the Commission Staff and yourself.
Request No.5: Has the Company directly or through its agents ever waived or offered
to waive or pay in whole or in par the water connection fee or water service fees in
consideration for the purchase of a lot or house? If so, which entity (e.g., Powder River, Arbor
Ridge) made the offer? What was the total value of the consideration? Is this practice stil
continuing? Please provide any documentation (e.g., real estate flyer) available.
Response: The Company is not aware of any waiver in whole or in par.
Request No.6: For all employees identified in PUC First Production Request No.2, please
provide the .historyof employment by the 1 Company (i.e., Idaho Spnngs and related compaiesås
descnbed above).
Response: There are no employees.
DATED THIS tíI day of May, 2008.
IDAHO SPRIGS WATER COMPAN, INC.
By:
i
\.
IDAHO SPRIGS' SUPPLEMENTAL RESPONSES TO FIRST PRODUCTION REQUEST OF GERALD J.
CORVINO-3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this ilj day of May, 2008, a tre and correct copy of
the foregoing document was served on the following individuals by the method indicated below:
Jean Jewell
IDAHO PUBLIC UTILITIES COMMISSION
472 W. Washington St.
PO Box 83720
Boise ID 83720-5983
Don Howell
Krstine A. Sasser
Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION
POBox 83720
Boise ID 83720-0074
Gerald J. Corvino
11865W. Tustin Lake
, Kuna ID'83634-5032
( ) U.S. Mail
( ) Facsimile [phone]
( ) Overnight Delivery
rx Messenger Delivery
( ) Email
( ) U.S. Mail
( ) Facsimile [phone]
( ) Overnight Delivery
i: Messenger Delivery
( ) Email
p( U.S. Mail
( ) Facsimile
( ) Overnght Delivery
( ) Messenger Delivery
( ) Email~/,(
IDAHO SPRIGS' SUPPLEMENTAL RESPONSES TO FIRST PRODUCTION REQUEST OF GERALD J.
CORVINO-4
05/02/2008 15: 23 2088889947ii.., . t U r Co \Lu.. . \I. ""'Uli ~.'~" I '-III' I I 11.1i
· LAWYRS TITLE
.~. TlllJ VALi¡¡
WESTPARK PAGE 04/07
BUYER'S/BORROWERS ESCROW CLOSING STATEMENT
File 1!1I:1iib~~ !l-UOS-'!90:i -DR Settlemont ~t~: ¿0/11/05
Pro-ration Dace: 10/17/0$
PIrcbllSOZEi ~ ciase;\q\c H01Qll. LLC
s~tle~iii Arbor R~498 LLC
r.d.ir,
Pllere,.Lot. 43 Blk 1 Arrowrocm Ra.nch 1k'l!, :t
cMrges Credits
SelliZlg Prio:ø......... . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ðepoaic. . . . . . . _ . . .. . . . . . . . . . .. . _ . . . . . . . . . . . . . . . _ . . _ . _ . _ . _ . . . . .7'-. 1I00.00
5,250.00
PRO.RTIONS:
ClOw:t.r ~~elJ at: $912.4 3 J?~ Yèê.r
fro", 10/11/05 to 01/01/06......... _ _......,...............:15'.99
'JI'J1i ii ~caow l'S;
:iecord~ of Ðèed..... _ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Settlellt Q~ i;os1ng teo...................................!l.GO
75.00
ti mES:
On¡¡:iR ClGiis/ æJmus :~OA buil~er set up fee ~~ck HO.. . . . _ _ . . . . .Street: i:leati:!g' .i~ pDrt.le!: Aror 1Udgoe, u..........Mail box and G~ Arbor a~dgo, LLC............,......Sewer tee I~termunt:ain Sewer... . . .Water hook \IF :Ðe ~Jmi: Ric1 L. L. i:. . . . . . . .Swale Fee Arbor Ridf. . . . . . . . . . . . . .~oA ;\~;\tiai iot trans~e~ ~e~ Arrock HO........ . . . .
Marlct:ing J'~. .. . . . ... . . .... . . ... . . . ... . . . . _ . . . .. . . . . . . . _ . . .
1,4S0.00
i2:S.0075.00
&,000.00
2,500.00
2,000.00
250.00
3,000.00
h~-tot:als 1l6,5?3.99 5,250.00
Balance due fro~ purchaser ei,i23.1I11
Totals 86,57:1.99 86,573.99
Classique HQtOEl, i:i:c
We h!::iby ciert1fy that the tOi:ego:ing :l a t!'ê end eoX'~et si:aeeml!l1t: of fundø received
Nlc! db1:u;l;,i:mQ gy us iD t:b.e ab eioaing.
lAWYS 'MT.t OF TRASUR1l VfLi,SY
El'il Dnt~d: OcCober __, 2005.DavJ.d. ROse
llqo:ro Officer
43:':' Biimld StrBet $i 190 Boiil rdii &370
l';: (208) 433.\ lUI FI: (1) 43'.1140
l
EXHIBITU
05/02/2008 . 15: 23 2088889947 WESTPARK PAGE 05/07
"
PURCHASE AGREEMæ
(Buyer's Option)
TIlS AGREEMNT, made and entered into this _1 st_day of _Aug-, 2005, by
andbetween Arbor Ridg~ L.L.C., Greg Johnson as Manager, Relax of
Boise as MarketingAgent and Ct6 '? 1"" 7"'~ &0 ( l; ~ Buyeri wherin buyer does hereby purchase
from Seller the optional right to purchae the following described property located in
Arow Rock Subdivision located in Ada County, State ofIdaho, to wit:
Block Lot'SubdivisiowPhase Price Ext'iration Datei49Arow Rock # 1 72,900 30 Days IÌom
Permitabilitv ~i Arow Rock #1 i ~ A ß",I. ,;,,
1 .Aw Rock #1 7 ~ITotal Price 72.900
-iM
Relax ofBoiseJShaun Tracy (Broker) shal hold the completely executed Broker's copy of
thisAgreement. The responsible Broker shall be Shaun Tracy.
TES: Seller does hereby agre to sell said proper to Buye for the sum of .
". , Severty tw thousadnine hundred .. , Dollats and nollOO dollars,
($ - ~2'19dO' ), îr laWf1 money '6~:te Uiiite State of Amerca,' prVided ,said.
amoun is fully paid by buyer to Seller in accordance With the following closing schedule;
As consdertion for this continuin offer to sell said propert, Buye agres to pay to seller the
sum of Five Thousand Dollan ($5,000.00), as a non-refundable option deposit. The deposit
shall be released to the seller and be applied at eaoh lot closing at the rate of(S 5,000.00) per lot.
Seller may gr, at Seller's sole dicrtion, an e.tensìon of ths Purhase Agreeent to theBuyer. Seller may require Buy to deposit additional option purohae money as considetion
for grting an extension. Buyer shall also pay one perent (1%) per month on anyextenion
granted on the tota purchase price. Said interest shall not be applied to the purchase prce. In the
event the full purchase prce is not fully paid on or before said expiration date, Seller shall retan
said option purchase: money pay.ents and interest payments and may convey said proper to
others without regard to this Agreeent or paymts made heeuder and Buyer shall have no
claim to said proper, option purchase money payments, or interest payments. Tn addition to the
purchase prce ofile lot, Buye shal also pay the following chas to the seller at closing:
Additional charges oollected at closing by Seller:
Owners Association Initial Assessment:
Owners Association Reguar Anual Asessment
Assessment for street cleaning and porable toilets:
Mail box and stand
Propert Taxes & Irgation Taxes "':
Marketing Fee*":
Sewer Hook up fee
Water hook up fee
$250 per lot
$1200 pe lot
$125 per lot
$ 75 per lot
As Assessed or Estimated
$3,000
$4,000
$2,500
"'Pro-ration of Ower Association Regular Anual Assessents, Propert Taxesi and Ingation
Taxes shall be from closing date.
Page i 00
05/02/2008 15: 23 2088889947 WEST PARK PAGE 05/07, ,.
1. ReIMax of Boise is the exclusive maketing agent for the above nad subdivision.
2. RelMax of Boise wishes to n.ccommodate all potential Lot Purchasers who desire to build in
the above named subdivision, wh.o may then select their own Re~ltors/Agents to asst in the sale
of a home-sitelhome. Real Estate sign may be placed on optioned lot only with no arrow sign or
aget sign at entrce of subdivision.
3. *"'Marketing Fee~ This fee may be waived only by RelMax of Boise in it sole discretion.
The following additional tenns and conditions shal apply:
1. Buyer acknowledges receipt of a copy of the Master Declaration of CO'Vants. Condition.
Restrction, and Easements (CC&R's)' and the Architectural Desigñ Standar and Constnction.
Guidelines for said subdivision and agrees to abide by said documents.
2. Buye agres to submit plan and specification to the Architera control Commttee (ACC)
of the subdivision at 660 E Frain Rd suite 240 Mendian, ID prOXto start of oonstrction.
3. Buye shall contact Kelley Edwads at Lawy Title 389-6903 for lot payoff figus.
4. Builde shall verfy boundar and meaurements befot starng constrction. Seller will not
be responsible for damages resulting for Buyer~s failure to do so.
S. Buye shall pay all utility hook-up fees at close of escrow on lot.
6. Any damage to streets, curbs. sidewlks. fences, tiled irgation lines, utility facilities, drainage
issues or other improvements shall be the responsibilty of the Buye if occunig afer lot
inspection. Lot inspection .shall tak~ place within ten day
afr date of option agreement.Or .recordî:Q~plåt, ~I:icheyer då,te shall Occ firt. .. ......... .. ...;
7. It is undersood and agreed that Seller Wil not be required to fuish Title Insurance to Buyer
but Sellcr wants merchantable title subject to easements, restctions. and covenats ofreoord
andJor as shovv on the offcial pla of the subdi\1sion8. This Agrement shall be bindíng on the executors, heirs, adnùnistrtors, personal
representatives. sucoessors, and assign of the. repectve pares hereto, time being of the essence.
This agreemt ma ony be modified in wrting signed by both pattes.
9. If legal action is to be instituted to enfor th Agment, the prevailig pary shall be.
entitled to reasonable attorney fees
10. Buyer acknowledgcs Some membes .of the Seller may be licened rea) estate agents.
11. The Marketing fec on above referenced lot(s) is hereby an integral par ofthîa Agreement.
12. Buyer will supply at his/er cost a trash reeptacle for all constrcton sites they are
resonsible fo.
13. Buyer will keep all trsh on site and keep all constrcton sites clean and orerly.
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05/02/2008 15: 23 2088889947 WESTPARK PAGE 07/07
IMORTAN - AGENCY REPRESENT AnON CONF nON:
hi ths transacton, the brokerage (s) involved and the following relationship(s) with the B DYER
('agent' or 'nonagcnt' or 'linuted dua agent without an assigned agent' or 'limited dual with
assigned agent acting solely on behal of Buyer'):
Listing Broker acted as a(n)
the BUYER Noo~g~t fur
'. '. . ~l f¡b c~'
')l AgentgtS( oV '¿rLi t;)t-,! for the .I
Sellng Broker acted as a(n)
BUYR.
In this tranaction, the brokerage(s) involved ha the following relationship(s) with the SELLER
('ageIt' or Inongcnt' or 'limted dual agent'):
Listing Broker acted as a(n)
SELLER.
Agent for the, .,'
Sellng Broker a,cted as a(n) ,'..
the SELLER.,,~ , NQi;-:Agent..for, l"
Each par signing this document confii tht he or shed has received read and undersood the
Agency Disclosure Brochure and has elected the relationship confimied above. In additîoo, each
par confrm that the broker's agency offce policy wa mae available for inspecton and
review. EACH PARTY UNERSTANS THT HE OR SHE is A "CUSTOMER)' AN is
NOT REPRESENTED BY A BROKE UNSS THERE is A SIGNE WRTEAGREEM FOR AG~ENAnON'
BUY£-BW
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