HomeMy WebLinkAbout20132319.tiffMEMORANDUM
TO: Kim Ogle, Planning Services DATE: June 1, 2013
FROM: Heidi Hansen, P.E., Public Works Department
SUBJECT: USR13-0010026, Lucerne II Gas Plant
A Use by Special Review permit for a natural gas processing facility.
The Weld County Public Works Department has reviewed this proposal. This project falls under the Use
by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Staff
comments made during this phase of the Use by Special Review process may not be all-inclusive, as
other issues may arise during the remaining application process.
COMMENTS:
CR 43 is a collector road and requires an 80 -foot right-of-way at full build out. There is presently a 60 -foot
right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld
County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The
applicant shall delineate an additional 10 -foot of right-of-way parallel to the WCR 127 right-of-way for
future build -out.
CR 64 is an arterial road and requires a 140 -foot right-of-way at full build out. There is presently a 60 -foot
right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld
County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The
applicant shall delineate an additional 40 -foot of right-of-way parallel to the WCR 64 right-of-way for future
build -out.
The traffic information provided with the submittal states that the site (after construction) will generate
around 4-6 passenger vehicle roundtrips per day and 3-5 large truck roundtrips per day.
An improvements agreement is required for this site. Public Works will provide a draft of the agreement
after the Board of County Commissioners hearing for this project. An example Improvements Agreement
is available on the County Planning website under Application Assistance. Road maintenance including
dust control and damage repairs during construction will be a part of the agreement.
The access points for the property were approved under AP12-00325. Please show and label them on
the plat.
The applicant must submit a design that will prevent tracking of mud and debris onto the County roadway.
Standard tracking control for accesses onto paved roads includes 100 feet of asphalt plus double cattle
guards OR 300 feet of asphalt at the access point.
Contact the Permitting/Inspection agent for Weld County Public Works, at (970) 304-6496, ext. 3764 for a
Right -of -Way permit for any work that may be required in the right-of-way on County roads. A special
transport permit will be required for any oversized or overweight vehicles that may access the site and
may also be obtained through the same office.
In the event that 1 or more acres are disturbed during the construction and development of this site, the
applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the
Colorado Department of Public Health and Environment.
If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of construction.
The grading permit application must contain: an erosion and sediment control plan, a grading plan,
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installation details of all BMPs to be utilized, typical installation and maintenance notes for all BMPs to be
utilized, and a copy of the approved CDPHE stormwater permit.
The applicant provided a "Preliminary Drainage Report" dated April 25, 2013 prepared by White
Engineering. Please address the redline comments in the report and plans. An accepted Final Drainage
Report signed and stamped by a Professional Engineer registered in Colorado and following the Weld
County USR Drainage Criteria is required prior to recording the final plat.
This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA).
REQUIREMENTS:
1. Show on the Plat:
a. County Road 43 is designated on the Weld County Road Classification Plan as a
collector roadway, which requires 80 feet of right-of-way at full build out. The applicant
shall verify the existing 60 feet of right-of-way and the documents creating the right-of-
way and this information shall be noted on the plat. All setbacks shall be measured from
the edge of future right-of-way. If the existing right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
b. County Road 64 is designated on the Weld County Road Classification Plan as an
arterial roadway, which requires 140 feet of right-of-way at full build out. The applicant
shall verify the existing 60 feet of right-of-way and the documents creating the right-of-
way and this information shall be noted on the plat. All setbacks shall be measured from
the edge of future right-of-way. If the existing right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
c. Show the approved accesses on the Plat and label with the approved access permit
number (AP12-00325).
2. Before recording the Plat:
a. The applicant shall submit a Final Drainage Report stamped and signed by a
Professional Engineer registered in the State of Colorado and following the Weld County
Drainage Criteria is required.
b. An Improvements Agreement including collateral for all on -site and off -site improvements
as well as road maintenance is required for this site. Road maintenance including dust
control and damage repairs during construction will be required.
c. The applicant shall submit a design to prevent the tracking of mud and debris from the
facility onto the County roadway.
3. Before Construction:
a. In the event that 1 or more acres are disturbed during the construction and development
of this site, the applicant shall obtain a stormwater discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and Environment.
b. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain: an erosion and sediment
control plan, a grading plan, installation details of all BMPs to be utilized, typical
installation and maintenance notes for all BMPs to be utilized, and a copy of the
approved CDPHE stormwater permit.
4. Add the following notes to the plat:
a. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist
on the property or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds.
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b. Off-street parking spaces including the access drive shall be surfaced with gravel,
asphalt, recycled asphalt base, concrete or the equivalent and shall be graded to prevent
drainage problems.
c. The historical flow patterns and run-off amounts will be maintained on site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm run-off.
d. The applicant must take into consideration storm water capture/quantity and provide
accordingly for best management practices.
e. Weld County is not responsible for the maintenance of onsite drainage related features.
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TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
Kim Ogle, Planning Services
Lauren Light, Environmental Health
USR13-0026 DCP Midstream LP
8/2/2013
Environmental Health Services has reviewed this proposal for a mineral resource
development facility, for oil and gas support and service, including, a natural gas
processing facility, related gas plant equipment and structures, and a communications
tower up to 100 feet in height in the A (agricultural) zone district
The facility will have an office and a shop building with up to 6 full time employees.
Permanent water and sewage disposal are proposed. An engineer designed septic
system is required and the septic permit will require Weld County Board of Health
approval. North Weld Water District will provide water.
The waste handling plan stipulates that refuse will be removed by Redi Services. The
plan includes a list of types and quantities of chemicals to be stored on site. Procedures
for cleanup and disposal of spilled hazardous materials will be included in DCP's Spill
Prevention Control and Countermeasure plan (SPCC). The plan shall be available on
site at all times.
On site dust will be controlled by having the access drive and areas within the fenced
boundary graveled. A water truck will be utilized if necessary.
We have no objections to the proposal; however, we do recommend that the following
conditions be part of any approval:
We recommend that the following requirement be met prior to allowing the plat to be
recorded:
1. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division, Colorado Department of Health and Environment to Environmental
Health Services Division of the Weld County Department of Public Health &
Environment. Alternately, the applicant can provide evidence from the APCD that
they are not subject to these requirements.
We recommend that the following requirement be incorporated into the permit as a
condition that must be met one month prior to operation:
1. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be
provided to Environmental Health Services Division of the Weld County
Department of Public Health & Environment.
We recommend that the following requirement be incorporated into the permit as a
condition that must be met prior to the issuance of the Certificate of Occupancy/final
approval for the office:
1. An individual sewage disposal system is required for the proposed facility and
shall be installed according to the Weld County Individual Sewage Disposal
Regulations. The septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual
Sewage Disposal Regulations
We recommend that the following requirements be incorporated into the permit as
development standards.
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
2. No permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.,
as amended.
3. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The
applicant shall operate in accordance with the approved "waste handling plan", at
all times.
4. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
The facility shall be operated in accordance with the approved "dust abatement
plan", at all times.
5. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times.
6. Sewage disposal for the facility shall be by septic system. Any septic system
located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems.
2
7. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone as delineated in Section 14-9-30 of the Weld County Code, or
with all applicable State noise statutes and/or regulations.
9. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a
spillage retention berm shall be constructed around the aboveground storage
tanks. The volume retained by the spillage berm should be greater than the
volume of the largest tank inside the berm and sufficient freeboard to contain
precipitation. Alternative protective measures may be allowed provided they
comply with the Colorado Oil and Gas Conservation Commission regulations.
10. The operation shall comply with all applicable rules and policies regulated by the
Colorado Oil and Gas Conservation Commission.
11. The applicant shall comply with all provisions of the State Underground and
Above Ground Storage Tank Regulations.
12. All potentially hazardous chemicals must be handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All
chemicals must be stored secure, on an impervious surface, and in accordance
with manufacturer's recommendations.
13. The Spill Prevention, Control and Countermeasure Plan shall be available on
site, at all times.
14. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit
from the Colorado Department of Public Health and Environment (CDPH&E),
Water Quality Control Division, as applicable.
15. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
3
Department of Planning Services
1555 N 17th Ave
Greeley, CO 80631
(970) 353-6100
Weld County Referral
Date: May 24, 2013
Applicant: DCP Midstream LP
Project: A SITE SPECIFIC DEVELOPMENT PLAN AND FIFTH AMENDED SPECIAL REVIEW PERMIT
(FKA 4THAMUSR-552) FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, FOR OIL AND GAS
SUPPORT AND SERVICE, INCLUDING, A NATURAL GAS PROCESSING FACILITY, RELATED GAS
PLANT EQUIPMENT AND STRUCTURES, AND A COMMUNICATIONS TOWER UP TO 100 FEET IN
HEIGHT IN THE A (AGRICULTURAL) ZONE DISTRICT
Case Number: USR13-0026
Parcel Number 080328000037-R1276286
After reviewing the application and documents submitted the Building Department has the
following comments:
A building permits may be required for any new construction, alteration, or addition to any
buildings or structures on the property, per Section 29-3-10 of the Weld County Code Oil and
Gas Support and Service Facility and associated buildings and equipment. A building permit
application must be completed and two complete sets of engineered plans including engineered
foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required or a open hole inspection.
Buildings, equipment and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently the following has been adopted by Weld
County: 2012 International Building Code; 2012 International Mechanical Code; 2012
International Plumbing Code: 2012 International Energy Code; 2006 International Fuel Gas
Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code the 2012
International Plumbing Code. and Chapter 29 of the Weld County Code.
A plans shall be approved and a permit must be issued prior to the start of construction.
All building requirements can be found on the Weld County web -site
www.co.weld.co.us/planning department/building inspection/permits
Frank Piacentino
Department of Building Inspection
Ciq' of
G reeleyado
Great. From the Ground Up.
SENT VIA EMAIL ONLY
May 24, 2013
Kim Ogle
Weld County Planning
1555 N 17`h Avenue
Greeley, CO 80631
KO214co.weld.co.us
Re: Review of USR13-0026 (WCR 17:13)
Dear Kim:
Attached with this letter are review comments from City staff regarding the USRl3-0026 (WCR 17:13).
Thank you for the opportunity to review this application.
Please call Brandon Gossard at (970) 350-9824 or Troy Spraker at (970) 336-4145 with any questions you
may have.
Derek Glosson, P.E.
Engineering Development Manager
Derek.Glosson@GrceleyGov.com
cc: Brandon Gossard, Planner 11 Brandon.(iossard(AGreeleyGov.com
Troy Spraker, Staff Engineer Troy.Spraker@GreelevGov.com
Attachment
Community Development -Engineering Development Review • 1100 10th Street, Ste. 402, Greeley, CO 80631 • Fax (970) 336-4170
We promise to preserve and improve the quality of life for Greeley through timely, courteous and cost-effective service.
SObmttlzp Emad
Weld County Referral
May 2, 2013
The Weld County Department of Planning Services has received the following item for review:
Applicant: DCP Midstream LP Case Number: USR13-0026
Please Reply By: May 30, 2013 Planner: Kim Ogle
Project: A SITE SPECIFIC DEVELOPMENT PLAN AND FIFTH AMENDED SPECIAL REVIEW PERMIT
(FKA 4T" AMUSR-552) FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, FOR OIL AND GAS
SUPPORT AND SERVICE, INCLUDING, A NATURAL GAS PROCESSING FACILITY, RELATED GAS
PLANT EQUIPMENT AND STRUCTURES, AND A COMMUNICATIONS TOWER UP TO 100 FEET IN
HEIGHT IN THE A (AGRICULTURAL) ZONE DISTRICT
Location: WEST OF AND ADJACENT TO CR 43; NORTH OF AND ADJACENT TO CR 64,
APPROXIMATELY 0.5 SOUTH OF CR 66
Parcel Number 080328000037-R1276286 Legal: E2SE4 SECTION 28, T6N, R65W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 080328000076-R1277086 Legal: A STRIP 150' WIDE ALG S SIDE OF E2NE4
SECTION 28, T6N, R65W BEING 75' WIDE ON EACH SIDE OF C/L ABDN MAIN TRACK GREELEY
BRANCH OF UPRR of the 6th P.M., Weld County, Colorado.
Parcel Number: 080328400004-R6779906 Legal: PT W2SE4 SECTION 28, T6N, R65W PT LOT A
AMD REC EXEMPT AMRE-614 of the 6th P.M., Weld County, Colorado.
Parcel Number: 080328400003-R6779905 Legal: PT W2SE4 SECTION 28, T6N, R65W PT LOT A
AMD REC EXEMPT AMRE-614 of the 6th P.M., Weld County, Colorado.
Parcel Number: 080328000077-R1277186 Legal: A STRIP 150' WIDE IN SECTION 28, T6N, R65W
BEING 75' WIDE ON EACH SIDE OF C/L OF ABDN MAIN TRACK OF GREELEY BRANCH OF UPRR
EXTENDING ELY FROM W LN TOE LN SEC of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this dale may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
Information, please call the Department of Planning Services.
E
We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter
Signature
Agency
City of Greeley
Date 05/24/2013
Weld County Planning Dept. 1555 N 17th Ave. Greeley. CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 tax
t,rt. of
Greeley
Great. From the Ground Up.
Project Review Comments Date: 5/24/2013
Project Name:
Location:
Reviewed By:
Department:
Submittal:
Case #:
WCR 17:13 — DCP Midstream Gas
Compression Plant
West of CR 43, North of CR 64
Brandon Gossard Phone: (970) 350-9824
Community Development / Planning
5/08/2013 Submittal #: 1
WCR 17:13
All code sections are from the Greeley Development Code and from the City of Greeley Design
Criteria and Construction Specifications, Volumes I, II, & III. Sections of the Code or
Construction Specifications are shown in brackets as part of the review comments below.
For additional information on the City Code or the Design Criteria, see the City of Greeley web
site at the following location:
Planning: http://greeleygov.com/CommunityDevelopment/PlanningDivision.aspx
Engineering: http://greelevRov.com/CommunitvDevelobtnent/engineering.aspx
Provide written responses to the comments below.
A Word document of the comments is available upon request.
General Comments
O WCR 64 "O Street" and WCR 43 will eventually be the two most prominent and utilized
arterial roadways between US 85 and the Airport. Retaining the prime
industrial/employment land at the intersection of these two roadways is a prudent
planning choice. As the area develops the remaining open portions of this site should he
particular enticing to industrial/employment development compatible with the proposed
DCP facility.
fl This site is within the City of Greeley's Long Range Expected Growth Area (LREGA).
The LREGA is the area within which the City is expected to grow over the next 20+
years and a full range of municipal services will be available.
❑ This site is located within the City of Greeley's Industrial Land Use Guidance area. This
area is generally characterized by lands containing shallow sloping land proximate to
heavy utilities and heavy transportation (such as US 85, or rail infrastructure). The
proposed DCP facility will likely be fairly compatible with the anticipated uses within the
area (Industrial/Employment).
L It is recommended that this site provide landscaping along the frontage of WCR 43 in
order to be easily integrated into any future urban level development in the future.
Page 10f 2
Gree
,y Great From the Ground Up.
Project Review Comments Date: 5/24/2013
Project Name:
Location:
Reviewed By:
Department:
Submittal:
Case #:
WCR 17:13 — DCP Midstream Gas
Compression Plant
West of CR 43, North of CR 64
Troy Spraker Phone: (970) 336-4145
Community Development / Engineering
5/08/2013 Submittal #: 1
WCR 17:13
All code sections are from the Greeley Development Code and from the City of Greeley Design
Criteria and Construction Specifications, Volumes I, II, & III Sections of the Code or
Construction Specifications are shown in brackets as part of the review comments below.
For additional information on the City Code or the Design Criteria, see the City of Greeley web
site at the following location:
Planning: http://greeleygov.com/CommunityDeveloprnentiPlamungDivision.aspx
Engineering: http://greeleygov.com/ConnunityDevelopment/engineering.aspx
Provide written responses to the comments below.
A Word document of the comments is available upon request.
General Comments
❑ Advisory. The property is subject to a Water Service Agreement between North Weld
County Water District and the City of Greeley. At this time the City of Greeley is
amenable to allowing the installation of the proposed fire hydrant, however if an
additional water service is proposed on the site then the City of Greeley will review the
proposal and determine who will be the water service provider subject to the attached
agreement.
Page2of2
WATER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of the1 day of February
2013, by and between the North Weld County Water District, acting by and through the
North Weld County Water District Enterprise (hereinafter "District"), and the City of
Greeley, a home rule municipality, acting by and through its Water Enterprise
(hereinafter "Greeley")(collectively "Parties").
RECITALS
WHEREAS, the District is a statutory special district formed under the laws of the
State of Colorado and is a quasi municipal corporation; and,
WHEREAS, Greeley is a home -rule municipal corporation; and,
WHEREAS, the North Weld County Water District Enterprise and the Greeley
Water Enterprise are established and administered in compliance with the provisions of
Section 20, Article X of the Colorado Constitution and Article 45.1 of Title 37 of the
Colorado Revised Statutes, and the Greeley City Charter and Municipal Code, as
applicable; and,
WHEREAS, the District (on its own or in cooperation with others) owns,
maintains and operates a system for the storage and distribution of potable water within
Weld County and Larimer County; and,
WHEREAS, Greeley owns, maintains and operates a separate and independent
system for the storage and distribution of potable water to its residents and to other
customers in Weld County and Larimer County; and,
WHEREAS, the District, as a non-profit quasi municipal statutory special district,
must establish and provide water rates to cover the maintenance and operation,
depreciation, replacement, and appropriate funding of capital costs of the District; and,
WHEREAS, Greeley's policy is to provide water service to all Greeley citizens;
and,
WHEREAS, the District's policy is to provide water service within the boundaries
of the District; and,
WHEREAS, the District has a master plan to serve a portion of its service area,
lying north of the Poudre River, at densities between one and two dwelling units per five
acres; and,
WHEREAS, portions of the District's service area overlap Greeley's Long -Range
Expected Growth Boundary, which is outlined in Greeley's 2060 Comprehensive Plan;
and,
WHEREAS, Greeley and the District have determined that it is in the best
interest of the residents of Greeley and the District for the Parties to cooperate with
each other in providing water services; and,
WHEREAS, by enacting Titles 31 and 32 and specifically § 31-35-402(1)(b) and
§ 32-1-502(2)(c) of the Colorado Revised Statutes and pursuant to Article XIV, Section
18 of the Colorado Constitution, the Legislature of the State of Colorado has: (a)
determined that the State of Colorado has a valid interest in providing water for its
citizens; (b) clearly articulated and affirmatively expressed the State of Colorado's policy
to allow municipalities and special service districts to provide water by utilizing
cooperative agreements and to eliminate competition in areas where each Party is
capable of providing service; and (c) developed a structure to actively supervise
municipalities and special service districts, if the Parties choose to utilize such
agreements; and,
WHEREAS, taking into consideration the foregoing factors and the natural
drainage basins and topography that affect the quality and cost of utility service in the
overlapping service area, Greeley and the District desire to enter into a long-term
contract for the treatment and delivery of potable water, to eliminate overlapping
facilities, and to coordinate long-range planning prior to initiating costly capital
expansion programs; and,
WHEREAS, Greeley and the District desire to craft this Agreement with the
following guiding principles: to keep North Weld financially whole; to allow Greeley to
maintain land use control of much denser, urban development in the overlapping
service area; and to provide for flexible water sharing between the Parties; and,
WHEREAS, Greeley and the District enter into this Agreement pursuant to the
provisions of § 29-1-203, C.R.S; and,
WHEREAS, the District and Greeley shall and will continue to own their own
water rights individually and separately, with Greeley relying upon the yield of its own
water rights to provide the raw water necessary for treatment proposed under this
Agreement; and,
NOW, THEREFORE, in consideration of the premises and the covenants and
agreements hereinafter set forth, it is agreed by and between the District and Greeley
as follows:
ARTICLE 1
DEFINITIONS
1.1 "Delivery Point(s)" shall mean the point(s) at which the Furnishing Party
delivers water to the Receiving Party's water system.
1.2 "Furnish" shall mean to treat, to the standards set forth in Section 3.4, and
deliver water, which includes all of the intermediate steps necessary to provide water at
the Delivery Point(s).
1.3 "Furnishing Party" shall mean the Party who treats, delivers, and performs
all of the intermediate steps necessary to provide water at the Delivery Point(s).
1.4 "Master Meter" shall mean a meter at which the Furnishing Party will
furnish water to the Receiving Party to enable the Receiving Party to provide water
service to its customers.
1.5 "North Greeley Service Area" shall be that area identified within the Long -
Range Expected Growth Boundary outlined in Greeley's 2060 Comprehensive Plan.
1.6 "Notice" shall mean the notice described in Section 10.12
1.7 "Raw Water Requirement" shall mean untreated water in an amount equal
to 110% of Greeley's net potable water usage at the Master Meter(s) for the previous
year plus any anticipated increases or decreases in net usage.
1.8 "Receiving Party" shall mean the Party who takes delivery of water from
the Furnishing Party at a Master Meter.
1.9 "Uncontrollable Forces" shall mean any cause beyond the control of the
obligated Party, including, but not limited to, failure of facilities, flood, earthquake, storm,
lightning, fire, epidemic, riot, civil disturbance, labor disturbance, sabotage, breach of
construction contract by a third party or restraint by court or public authority, which
through due diligence and foresight, such Party could not have reasonably been
expected to avoid.
1.10 Unless described as "raw water", "water" shall mean water treated to the
standards set forth in Section 3.4, and shall have the same meaning as "potable" or
"treated" water.
1.11 "Water Service" shall mean providing water directly to individual
customers.
1.12 'Water Supply" shall include, but is not limited to, existing water supplies,
future water supply projects, and development of existing and after -acquired water
rights.
1.13 "Water System" shall mean the distribution system whereby a Party
provides water service.
ARTICLE 2
GENERAL PROVISIONS
2.1 This Agreement defines the method by which the Parties shall furnish and
provide water service to individual customers located within the North Greeley Service
Area. It shall also determine the method of transferring the Districts customers to
Greeley; the transfer of infrastructure upon the exclusion of territory from the District's
service area; the provisions for furnishing water to the Parties' respective water
systems; and the method by which this Agreement may be amended to account for
future growth, expansion, and development within the North Greeley Service Area.
2.2 To account for the transfer of customers to Greeley within the North
Greeley Service Area and to track portions of the District's service area that are
excluded there from, this Agreement may be amended, from time to time, through the
use of exhibits. The exhibits shall contain the information required by Articles 3, 5, and
8 of this Agreement and shall be identified and generally contain the following:
2.2.1 Exhibit A of this Agreement shall contain the name of each Master
Meter and its corresponding location; the annual minimum amount of water that Greeley
must purchase through Master Meter(s); and the maximum gallons per minute of water
that shall be delivered through a Master Meter based on Plant Investment Fees paid
and credited. If any of the foregoing Information is inapplicable to a Receiving Party,
that portion of Exhibit A shall so reflect.
2.2.2 Exhibit B shall contain a complete list of all customers transferred
from the District to Greeley.
2.2.3 Exhibit C shall be a map depicting the North Greeley Service Area
and any property excluded from the District's service area.
2.3 The exhibits identified in paragraph 2.2 shall be amended prior to any
relocation of a Master Meter, increase in peak demand, transfer of customer, or
exclusion of territory from the District's service area. The exhibits shall be redefined as
agreed to in writing by the Parties, or their respective designee, and made effective in
accordance with the Parties' respective rules and procedures. Each amendment shall
fully replace the prior exhibit and shall be effective upon the date specified therein.
2.4 The terms of this Agreement shall only apply to the North Greeley Service
Area and shall not be extend to, or binding on, the Parties in any other geographical
location.
2.5 This Agreement is not intended to provide for emergency water
connections and supplies. If, at any time after the effective date of this Agreement, the
Parties determine that an emergency interconnection is needed, then the Parties shall
negotiate a separate agreement to determine the locations and facilities that will provide
for emergency interconnections and the terms and conditions thereof.
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ARTICLE 3
WATER SUPPLY
3.1 The District shall furnish potable water via Master Meter(s) for use in
Greeley's water system at the locations and in the maximum and minimum annual
amounts, peak demands in gallons per minute, and minimum and maximum pressures
that shall be specified in Exhibit A.
3.2 Upon the District's written request, Greeley may furnish potable water via
Master Meter(s) for use in the District's water system, subject to the terms of this
Agreement, at the location(s) that shall be specified in Exhibit A.
3.3 The minimum and maximum pressures shown in Exhibit A shall be met by
the Furnishing Party at the Master Meter(s) only. The Receiving Party is responsible for
all pressures within its system following delivery from the Furnishing Party at the Master
Meter(s). No promise or guarantee of pressure is made by the Furnishing Party or is to
be implied from anything contained herein except as established in Exhibit A.
3.4 The furnished water shall be potable water, the quality of which shall be in
accordance with the Federal Safe Drinking Water Act and all other applicable drinking
water regulations and potable water law. The Parties shall conduct all testing
necessary to assure that the water furnished under this Agreement complies with all
Federal and State drinking water standards. The Furnishing Party agrees to provide the
Receiving Party with the results of its annual testing, on or before April 1 of each year,
as required by Colorado Primary Drinking Water Regulations, 5 CCR 1003.
3.5 Neither Party shall, by reason of this Agreement or by use of any water
hereunder, acquire vested or adverse right or future right, in law or equity, in the water
rights or water system owned by the other Party.
ARTICLE 4
RAW WATER
4.1 On an annual basis, Greeley shall provide raw water to the District, for
treatment and delivery by the District through one or more Master Meters, in the amount
of one hundred and ten percent (110%) of Greeley's estimated net demand ("Raw
Water Requirement"). The Raw Water Requirement shall be calculated based on
Greeley's net potable water usage at the Master Meter(s) for the previous year, plus any
anticipated increases or decreases in Greeley's net usage. Not later than September 1
of each year, Greeley will supply the District with estimates of its projected Raw Water
Requirement for the following year. The Raw Water Requirement made available to the
District shall be provided on an actual gallon basis as measured at the intake station at
the Soldier Canyon Filter Plant. The stated "one hundred and ten percent (110%)" shall
mean one hundred percent (100%) plus an allowance of ten percent (10%) to cover the
estimated shrinkage from the Soldier Canyon Filter Plant to the Master Meter(s).
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4.2 Greeley's Raw Water Requirement shall be met from the following
sources: Colorado -Big Thompson Project ("CBT"), the Windy Gap Project, the Water
Supply and Storage Company, the North Poudre Irrigation Company, or from any other
source capable of being delivered to and treated by the District's then existing water
treatment system to the standards set forth in Section 3.4, and otherwise usable in the
District's water system.
4.3 The District shall not be required to acquire, rent or own any additional raw
water necessary to meet the Raw Water Requirement. Greeley is solely liable to make
arrangements for the raw water necessary to make available the Raw Water
Requirement.
4.4 In the event that Greeley does not make sufficient raw water available to
the District, based on Greeley's net usage, the District shall notify Greeley as soon as
possible but no later than thirty days prior to the time when such additional raw water
will be necessary. If, after such notice, Greeley fails or refuses to provide sufficient raw
water, the District may, in its sole and reasonable discretion, provide such raw water, at
an additional fee to Greeley ("Water Surcharge"). The Water Surcharge shall be
determined solely by the District dependant on the availability of raw water and shall be
applied per one thousand gallons of water delivered to Greeley of District supplied raw
water. The District shall maintain dominion and control over all raw water provided to
Greeley under this Paragraph 4.4, and Greeley releases any right to the return flows
that result from such water supplied by District, including any reuse rights associated
with such water.
4.5 Greeley shall maintain dominion and control over any and all raw
water provided to the District for treatment under this Agreement, and the District
releases any right to the return flows that result from such water supplied by Greeley,
inch ding any re Ica rights associated with such water.
ARTICLE 5
FACILITIES
5.1 The Furnishing Party shall take such actions and make such connections
between the Receiving Party's system and the Furnishing Party's system necessary to
furnish water to the Receiving Party as required by this Agreement at the Furnishing
Party's sole cost.
5.2 The Furnishing Party shall install, replace, relocate, or add any necessary
metering equipment and Master Meter vault(s) as required by this Agreement. The
Furnishing Party shall design the Master Meter vault(s) and flow control device(s) in
accordance with the specification of the Furnishing Party. Design shall consider system
growth. The Furnishing Party shall submit all designs to the Receiving Party for review
and approval prior to construction or installation. Following the Receiving Party's review
and approval of such design plans, the Receiving Party shall reimburse the Furnishing
Party for all reasonable and customary costs and expenses including design,
construction and installation of all necessary metering equipment and Master Meter
vault(s) replaced, relocated, or added after the date of this Agreement.
5.3 The Furnishing Party shall install, own and operate a flow -restricting
device(s) at the Master Meter vault(s). Said device(s) shall be capable of controlling the
flow rate, if applicable, to the Receiving Party within the rates set forth in Exhibit A. The
Receiving Party shall not be responsible for charges based on deliveries at flow rates
greater than the flow rates directed by Receiving Party in writing or as stated in this
Agreement.
5.4 The Furnishing Party shall own and maintain the Furnishing Party's water
system, including but not limited to any interconnection facilities, water lines, pump
station and treatment plant facilities necessary to serve the Receiving Party as required
by this Agreement up to the Master Meter(s). The Furnishing Party shall own the
Master Meter(s), Master Meter Vault(s), Backflow Prevention Assembly, and flow and
pressure control facilities, which shall be managed, administered, operated and
maintained exclusively by the Furnishing Party. For the purpose of determining
operation and maintenance responsibility, the Furnishing Party shall be responsible up
to and including the outlet valve(s) on the Receiving Party's side of the Master Meter(s).
5.5 The Receiving Party shall maintain complete and unilateral control over
the Receiving Party's system operations. The Receiving Party agrees that it will, at all
times, to the extent practicable in the Receiving Party's reasonable discretion operate
its water distribution system on the Receiving Party's side of the Master Meter(s) so as
not to unreasonably interfere with service to others dependent upon the Furnishing
Party for a supply of water. The Receiving Party agrees that it will, to the extent
practicable in the Receiving Party's reasonable discretion, operate its facilities,
especially any pumping or storage facilities, in correlation with operation of the
Furnishing Party's facilities and will install and use such devices, including telemetry, as
are necessary to effectuate correlation; provided, however, that Greeley shall not be
obligated to pay for the installation of any physical changes to its water distribution
system that will benefit only District customers within the District's service area.
5.6 The Parties agrees to maintain all facilities within their respective water
systems in good repair and to make such replacements as may be necessary to keep
the facilities in proper operating condition at all times.
5.7 The Parties shall cooperate with each other in acquiring any easements
and other permits or approvals necessary to accomplish and place into effect this
Agreement and for the construction of any necessary facilities.
5.8 Nothing in this Agreement shall be interpreted as creating an "Integrated System"
within the meaning of the Colorado Primary Drinking Water Regulations, 5 CCR 1003.
Each Party owns its own water system and each is a separate and independent system
from the other.
ARTICLE 6
MASTER METERS
6.1 The Furnishing Party shall read the Master Meter(s) at monthly intervals
under its own meter reading schedule. If requested by the Receiving Party, the
Furnishing Party shall give the Receiving Party notice of any Master Meter reading and
allow a Receiving Party representative to be present and observe. For all Master Meter
reads performed by Greeley, as the Furnishing Party, it shall deliver the Master Meter
reads to the District, on or before a date mutually agreed to by the Parties, in order for
the District to calculate the net monthly flow amount as provided in Section 7.1.
6.2 At least once every five years, the Furnishing Party shall test and calibrate
the Master Meter(s) at the Furnishing Party's cost. At anytime, upon the Receiving
Party's written request, the Furnishing Party shall make or cause to be made a special
meter test at the Receiving Party's cost. The Furnishing Party shall notify the Receiving
Party in advance of any Master Meter test and allow a Receiving Party representative to
be present and observe.
6.3 The readings of any Master Meter, which has been disclosed by tests
conducted pursuant to American Water Works Association standards to be inaccurate,
shall be corrected from the beginning of the monthly billing period immediately
preceding the billing period during which the tests are made in accordance with the
percentage of inaccuracy found by such tests.
6.4 If any Master Meter shall fail to register for any period, the Receiving Party
and the Furnishing Party shall agree as to the amount of water furnished during such
period and the Furnishing Party shall render a bill therefore. If no agreement can be
reached, the billing shall be based upon historical usage data.
6.5 If at any time the Receiving Party desires to change the location of any
Master Meter vault(s), the Furnishing Party will attempt to accommodate such request if,
In the reasonable opinion of the Furnishing Party, such relocation will not detrimentally
affect the Furnishing Party's water system in any manner and only upon the condition
that Receiving Party shall be responsible for any and all costs and expenses thereof.
ARTICLE 7
RATES AND CHARGES
7.1 The District shall bill Greeley, in monthly intervals, based on Greeley's net
monthly water usage. The net monthly usage shall be determined by the difference
between Greeley's total monthly water usage and the District's total monthly water
usage. If Greeley's total monthly usage is less then the District's, Greeley shall be
given a credit that shall be applied to the next monthly billing cycle. In the event that
Greeley has a monthly credit on December 31st of any year this Agreement is in effect,
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the same amount shall be paid in full by the District to Greeley by January 31St of the
following calendar year.
7.2 The District will adopt water service rates sufficient to totally and fully
reimburse the District for all costs of furnishing water under this Agreement. Any portion
of the rate that is identified as a recovered return on investment shall be limited to 4.5%.
The District may adjust the charges to be made for the use of water hereunder. The
rates charged to Greeley shall be directly related and limited to the cost incurred by the
District in furnishing water to Greeley as fairly determined by the District. The charges
provided for in this paragraph shall remain in effect until the District deems it necessary
to raise or lower the charges for the water, in accordance with section 7.3. In addition to
any other rate or charge herein provided, Greeley shall pay all applicable fees, and such
other rates, tolls, charges or combination thereof as the District may, from time to time,
in the exercise of its lawful authority impose consistent with this Article and Article 1,
Title 32 of the Colorado Revised Statutes.
7.3 The District will, not less than once, but not more than two times in each
calendar year, review the Plant Investment Fee and the rates for potable water
furnished hereunder. If necessary and consistent with Sections 7.1 and 7.2 hereof, the
District shall adjust such rates based upon actual usage and audit figures to produce
sufficient revenues to maintain and operate the system necessary to serve Greeley and
to establish and maintain reasonable reserves for operation and maintenance.
7.4 The District shall provide Greeley written notice of any expected rate
change or any projected operation, maintenance or capital improvement cost that will
affect the rates to be paid by Greeley as follows:
7.4.1 The District shall notify Greeley of a proposal for an increase in the
rate charged to Greeley at least thirty days prior to the Board Meeting at
which formal action on such proposal is scheduled;
7.4.2 The District shall notify Greeley of any new rate within ten days
after the District has adopted it; and
7.4.3 The new rate to be charged to Greeley shall not become effective
sooner than thirty days after it has been adopted and shall not apply to
water delivered by the District on or before the effective date.
7.5 Billing for each month shall be made on or about the last day of the month
and payment is due on the tenth day of the following month. Any bill not paid within
sixty days of the payment due date shall be delinquent, and Greeley shall pay an
additional delinquent fee of one and one-half percent of the unpaid monthly billing per
month. If Greeley refuses or fails to pay any bill within sixty days of the payment due
date, the District may discontinue delivery of potable water hereunder upon ninety days
written notice to Greeley.
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7.6 If Greeley's annual water usage does not equal or exceed the total
minimum annual amount of water, as stated in Exhibit A, for all Master Meters furnishing
water to Greeley, the District shall bill Greeley for the balance due in January of the
following year.
7.7 For water service customers within the North Greeley Service Area,
Greeley and the District shall establish their own separate rates, fees, and raw water
requirements in accordance with the legal procedures and policies applicable to each
entity.
ARTICLE 8
INCREASES IN PEAK DEMAND; TRANSFER OF CUSTOMERS; AND EXCLUSION
OF TERRITORY FROM THE DISTRICT'S SERVICE AREA
8.1 The Parties have consulted with each other concerning the North Greeley
Service Area using the following criteria: natural drainage patterns, topography, existing
installations of capital facilities, the probable future needs of customers, the most cost-
efficient means for delivering water service, and considerations which reduce the cost of
service or result in higher quality of service to the customer. Based on the foregoing,
the Parties agree that Greeley shall be responsible for providing water service to new
customers within the North Greeley Service Area and, except as provided in this
Agreement, the District shall not provide water service to new customers in the North
Greeley Service Area.
8.2 The District presently provides water service to a number of customers
within the North Greeley Service Area. Existing customers will continue to be served by
the Party presently providing water service, except as provided for herein or as
otherwise mutually agreed upon in writing by the Parties.
8.3 The District shall refer to Greeley any request it receives for water service
within the North Greeley Service Area. Upon receipt of the referral, Greeley will
determine whether it intends, or has the infrastructure in place, to provide water service
to the applicant. Greeley shall provide written notice of its determination to the applicant
and to the District as soon as possible but no later than ninety days after receipt of the
application. If Greeley declines to provide water service to the applicant, then the
District may provide water service.
8.4 As Greeley extends water service to new development, but prior to
annexation by Greeley, Greeley and District may transfer existing District customers to
Greeley's water system within the North Greeley Service Area, if Greeley determines
that it intends, or shall have infrastructure in place, to provide water service to the
existing customer.
8.5 When existing District customers are transferred to Greeley, the District
shall permanently transfer to Greeley one unit of CBT per equivalent three-quarter inch
tap transferred. In addition, the District shall credit Greeley with one gallon per minute
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Plant Investment Fee per equivalent three-quarter inch tap transferred. Greeley shall, in
turn, purchase from the District the annual usage of that tap at a Master Meter. The
annual usage shall be set at 120,000 gallons per equivalent three-quarter inch tap.
Both the annual use and the Plant Investment Fee credit shall be reflected in Exhibit A.
8.6 If Greeley expects additional demand above the peak demand of the
transferred customer(s) as established in section 8.5, Greeley shall make written
request to the District for the furnishing of additional water to meet such additional
expected demand. Upon receipt of such written request, the District shall have thirty
days to notify Greeley in writing of its decision and terms to supply such additional
water. If the District decides to furnish such additional water, Greeley shall provide the
Raw Water Requirements and pay the then existing Plant Investment Fee adopted by
the District for each additional one gallon per minute beyond the peak demand amount
specified in Exhibit A.
8.7 If the District expects additional master meters, water usage, or demand
above the peak demand identified in Exhibit A upon the effective date of this
Agreement, the District shall make written request to Greeley for the furnishing of
additional water to meet such additional demand. Upon receipt of such written request,
Greeley shall have thirty days to notify the District in writing of its decision and terms to
supply such additional water. If Greeley decides to furnish such additional water, the
District shall provide Greeley a Plant Investment Fee credit for each additional one
gallon per minute peak demand requested by the District. Greeley may, In turn, assign
or apply such credit at any Master Meter, identified in Exhibit A, that is furnishing water
to Greeley as Receiving Party.
8.8 Following annexation of property located within the North Greeley Service
Area and upon receipt of notice of intent to exclude territory, the District shall transfer to
Greeley, within one year from the date of notice, all_ of the District's customers and
infrastructure within the annexed area. Such transfer shall include all facilities, which
are owned or maintained by the District, necessary to provide such service from the
Master Meter(s) to the point of connection at the customer's facilities, including but not
limited to mains, local distribution lines, meters, meter pits, booster pumps, easements,
permits, or rights of way and valves. Such transfer shall not include any transmission
lines or associated facilities, distribution lines or associated facilities, easements,
permits, or rights of way the District determines are necessary to serve other existing or
potential customers of the District. As consideration for such transfer, the following
provisions shall apply:
8.8.1 In accordance with the District's Master Plan, the District anticipates
serving an average of two three-quarter inch equivalent taps per every five acres of
its service area that is located within the North Greeley Service Area. The Parties
agree that the District's anticipated annual usage shall equal an annual use of
240,000 gallons of water per five acres. Therefore, as Greeley excludes portions
of the District's territory from the North Weld Service Area, Greeley shall
compensate the District by purchasing a minimum annual amount of water from
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the District at Master Meters. The minimum annual amount of water shall be
calculated based on the greater of either (1) the product of 240,000 gallons of
water per five acres of all territory excluded in accordance with this section 8.8 or
(2) the total annual usage of each equivalent three-quarter inch tap transferred to
Greeley in accordance with section 8.5. The minimum annual amount shall be
reflected in Exhibit A.
8.8.2 Greeley shall provide the District fair compensation for all facilities
transferred from the District to Greeley, taking into account depreciation. The value
determination provisions set forth In C.R.S. § 32-1-502, as the same may be
amended from time to time, shall govern such compensation.
8.8.3 Greeley shall be responsible for all reasonable costs, excluding
attorney fees, associated with the transfer of customers from the District to Greeley
within the North Greeley Service Area. However, in the event litigation is pursued
against Greeley and/or the District by a transferred customer, the parties shall be
responsible for their own costs, expenses, attorney fees and awards, if any.
8.8.4 Exclusion of land from North Weld's territory shall occur before any
further subdivision of the property.
8.9. At the time of transfer of customers and facilities to Greeley, North Weld
shall provide the best available and known information regarding locations of water
lines, meters, appurtenances, and other associated facilities to the best knowledge of
the District. Greeley and the District agree to cooperate in preparation and transfer of
such information as the Parties deem necessary. North Weld maintains responsibility
for locating any of their active or abandoned lines including all asbestos -cement pipe.
Any North Weld line transferred to Greeley becomes Greeley's responsibility for One -
Call locating. North Weld will for two years assist Greeley in location of any transferred
lines, including potholing and establishing position with GPS.
ARTICLE 9
TAXES AND EXCLUSION
9.1 Portions of the North Greeley Service Area are within the District's service
area. Pursuant to Colorado Law, the District has authority to assess property taxes by
imposition of a mill levy upon property within the District; however, at the time of this
Agreement, no such assessment or levy is in place.
9.2 The District agrees that there shall be no property tax assessment or mill
levy on any properties within the boundaries of the District that may be located in the
North Greeley Service Area and annexed by Greeley. If it is determined to be
necessary and/or required by law, the District agrees to exclude from its service area all
such property located in the North Greeley Service Area and annexed by Greeley.
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ARTICLE 10
GENERAL TERMS AND REMEDIES
10.1 This Agreement shall be effective on the date first above written and
remain in effect on a perpetual basis unless terminated as provided in this Article.
10.2 The Parties agree to act in good faith and to the best of their ability in
taking all steps necessary to fully implement the terms and conditions of this
Agreement, including the execution and delivery of such other documents, certificates,
agreements and other writings and the taking of such other actions as may be
necessary or desirable to consummate or implement this Agreement. The Parties
agree that this Agreement shall be construed and enforced as the fully integrated
expression of their contract with respect to the matters addressed herein. No express
or implied covenants not specifically set forth shall be deemed to be a part of this
Agreement. The Parties expressly aver that no representations other than those
specifically set forth in this Agreement have been relied upon by either Party to induce it
to enter into this Agreement.
10.3 The Parties shall use reasonable diligence to provide a constant and
uninterrupted supply of water, except for interruption or reductions due to: (1)
Uncontrollable Forces; (2) operations or devices installed for water system protection;
and (3) maintenance, repair, replacement, installation of equipment, or investigation and
inspection of the water system, which interruption or reductions are temporary, and in
the opinion of the Furnishing Party, necessary. Excepting cases of emergency, the
Receiving Party will be given reasonable advance notice of such interruptions. Neither
Party shall be considered in default under this Agreement if prevented from fulfilling any
obligations by reason of Uncontrollable Forces. A Party rendered unable to fulfill its
obligation by reason of Uncontrollable Forces shall exercise due diligence to remove
such inability with all reasonable dispatch.
10.4 The Parties have implemented their own respective water conservation
plans and shall not be required to adopt the other Party's conservation plan in whole or
in part.
10.5 The invalidity or un-enforceability of any provision of this Agreement shall
not affect or impair any other provision unless material to the performance of either
Party.
10.6 Neither Party may assign or transfer all or any part of this Agreement
without the prior written consent of the non -assigning Party which consent will not be
unreasonably withheld.
10.7 In the event of a material breach of any provision of this Agreement by any
Party, which is not corrected within one year from the date of notice of the breach, the
non -defaulting party may either terminate or pursue litigation for specific performance of
this Agreement. However, if this Agreement is terminated by the District due to an
uncorrected material breach of any provision of this Agreement by Greeley, the District
13
will not cease water service to Greeley until after two years from the written date of
notice of the breach. In the event of an uncorrected material breach of any provision of
this agreement by the District, Greeley may terminate this Agreement due to said
material breach in which case termination shall be effective two years from the written
date of the notice of the breach.
10.8 The Parties agree that, in addition to any other remedies allowed by law
consistent with this Agreement, the provisions of this Agreement may be specifically
enforced in a Court of competent jurisdiction and, in any judicial action, the
unsuccessful party agrees to pay all reasonable costs of such action as actually
incurred by the successful party, including attorney fees. Venue for any action shall be
the District Court in and for Weld County, Colorado.
10.9 None of the remedies provided for under this Agreement need to be
exhausted or exercised as a prerequisite to either party's pursuit of further relief to
which it may be entitled. No Party shall waive its rights hereunder by failing to exercise
its rights; any such failure shall not affect the right of such Party to exercise at some
future time the rights not previously exercised.
10.10 In the event Greeley desires to terminate this Agreement, Greeley shall
give written notice to the District of such intent in accordance with the notice provisions
of this Agreement. Twenty years after the giving of such notice, District shall no longer
furnish water to the North Greeley Service Area through the Master Meters. However,
during this twenty year period Greeley shall be obligated to take and pay for, or in the
alternative pay for, the minimum annual volume of water defined by Exhibit A. All other
provisions and terms of this Agreement, including but not limited to the establishment
and descriptions of the North Greeley Service Area, shall remain in effect.
10.11 It is expressly understood and agreed that the terms and the enforcement
of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, are strictly reserved to the undersigned Parties and nothing in this
Agreement shall give or allow any claim or right or cause of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned Parties that no person and/or entity, other than the undersigned Parties,
receiving services or benefits under this Agreement shall be deemed any more than an
incidental beneficiary only.
10.12 Any notice, demand or request delivered by mail, in accordance with this
Agreement shall be deemed given seventy-two hours after the same is deposited
certified mail, in any post office or postal box regularly maintained by the United States
Postal Service addressed to the District at P.O. Box 56, Lucerne, CO, 80646 and to
Greeley, attention to the Director of the Water and Sewer Department, at 1100 10'"
Street, 3`d Floor, Greeley, CO, 80631. The addresses may be changed at any time by
similar notice.
10.13 Nothing herein shall constitute a multiple fiscal year obligation pursuant to
14
Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this
Agreement, Greeley's obligations under this Agreement are subject to annual
appropriation by the City Council of the City of Greeley. Any failure by the Greeley City
Council to annually appropriate adequate monies to finance Greeley's obligations under
this Agreement shall terminate this Agreement in accordance with paragraph 10.10 at
such time as such then -existing appropriations are to be depleted. Notice shall be given
promptly to the District of any failure to appropriate such adequate monies.
10.14 To the extent legally possible, each Party shall indemnify and hold the
other Party harmless from and against any and all liability, loss, damages, costs and
expenses, including reasonable attorney fees, arising from the identifying Party's
negligence, including but not limited to, negligent delivery of water at rates or pressures
which exceed the maximum pressure or do not meet the minimum pressure established
on Exhibit A. By such agreement to indemnify and hold each other harmless, neither
Party waives any defenses and immunities to third Parties, which it would otherwise be
entitled under the Colorado Governmental Immunity Act.
10.15 This Agreement, along with all exhibits and addendums and amendments
hereto, encompasses the entire agreement of the parties, and supersedes all previous
understandings and agreements between the parties, whether oral or written. The
terms of the Water Supply Agreement dated August 26th, 2011 ("August 26th, 2011,
Agreement"), shall remain in effect, except that all exhibits attached to the August 26th,
2011, Agreement shall be incorporated and reflected in the corresponding exhibit that
are attached hereto and thus superseded hereby. The parties hereby acknowledge and
represent, by affixing their hands and seals hereto, that said parties have not relied on
any representation, assertion, guarantee, warranty, collateral contract or other
assurance, except those set out in this Agreement, made by or on behalf of any other
party or any other person or entity whatsoever, prior to the execution of this Agreement.
The parties hereby waive all rights and remedies, at law or in equity, arising or which
may arise as the result of a party's reliance on such representation, assertion,
guarantee, warranty, collateral contract or other assurance, provided that nothing herein
contained shall be construed as a restriction or limitation of said party's right to
remedies associated with the gross negligence, willful misconduct or fraud of any
person or party taking place prior to, or contemporaneously with, the execution of this
Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and
year first above written.
ATTEST:
By:
Secretary
NORTH WELD COUNTY WATER DISTRICT
(ZL BY:ila
President
15
APPROVED AS TO LEGAL FORM:
Lind & Ottenhoff LLP
APPROVED AS
TO SUBSTAC
By:
City Ma
APPROVED AS TO LEGAL FORM:
By:
City"Attorney
Pk/
CITY OF GREELEY, COLORADO
By:
Mayor
APPROVED:
Greeley Water & Sewer Board
By:. tkl* r9 ' t -o-ey1-
Chairperson
APPROVED AS TO AVAILABILITY OF FUNDS:
finance
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