HomeMy WebLinkAbout20083059.tiff Jun-29-O7 O5 : 2OA Team Engineering Inc . 97O 282 179O
P . O1
TEAM Engineering
3468 Shallow Pond Drive
Fort Collins, CO 80528
(970) 231-9937
• Jeffcouch76-1 comcast.nel
FAX
To: Roger Caruso From: Jeff Couch, P.E.
Fax. (9/0) 304-6498 Pages' 2 .12 .r
Phone: (970) 3.53-6100 Date: Jane 29. alitr'
Re: serenity View Estate; P.U.D cc: Doug Kindstate? 1=
Comments:
Roger:
Attached is the letter requested by Bruce Barker relating to the Water Service Agreement for
Serenity View Estates P_U_D, See you on Tuesdayll
I Jett Couch_ P.I-,
•
•
2008-3059
Jun-29-07 05 : 21A Team Engineering Inc . 97P 282 1790 P . 02
• June 27, 2007
Mr. Roger Caruso, Planner
Weld County Department of Planning Services
918 10'h Street
Greeley, CO 80631
RE: Serenity View Estates P.U.D. PZ-1131
Water Service
Dear Roger:
This letter is written at the request of Weld County Attorney, Bruce Barker, to provide additional
information relating to water service for Serenity View Estates P.U.D. located in Section 5, T7N,
R67W.
This property is intended to be served potable water by the North Weld County Water District
(District). Towards this end, the District has provided the following documentation:
1. Draft Service Agreement
2. Correspondence from District legal representative, Kenneth F. Lind dated May 11 , 2007
• 3 Additional commitment letter from the District dated June 21, 2007
As owner of the above referenced property, I am currently pursuing approval of a nine lot minor
subdivision.
As part of this process, I have been working with the District to secure adequate water service for
this project. I have reviewed the documents prepared by the District and agree with the information
and conditions currently being proposed by the District Upon securing Change of Zone approval
and completion of final survey and engineering documents, we intend to enter into final contractual
arrangements with the District
I trust this information will satisfy recent Weld County requests for information relating to water
service.
Sincerely,
Bob Buderus
Cc Jeff Couch, TEAM Engineering
Doug Kindsfater
Tim Hasler, Hasler, Fonfara &Maxwell
•
Roger Caruso
From: jeffcouch7@comcast.net
nt: Tuesday, June 26, 2007 3:14 PM
Bruce Barker
Cc: Alan Overton; Roger Caruso
Subject: RE: Serenity View Estates P.U.D. - Water Service
Bruce: .
Thanks for your consideration. I will have a letter to Roger by the end of the week if not
sooner! !
Jeff Couch
Original message
From: "Bruce Barker" cbbarker@co.weld. co.us>
>• Jeff :
>• Thank you for your response.
>• Your list of items provides nothing showing that the Developer agrees to
> the terms of the District for the provision of water. Is Mr. Buderas
> generally in agreement with the terms of the Water Service Agreement and
> is he committed to seeing that the conditions and requirements of the
> District will be fulfilled so that the development will be assured of
> having adequate water? A letter to this effect addressed to the
> Department of Planning Services will suffice .
• > Bruce Barker
> Weld County Attorney
> Original Message
> From: jeffcouch7@comcast.net [mailto:jeffcouch7@comcast.net]
> Sent: Monday, June 25, 2007 4 :23 PM
> To: Bruce Barker
> Cc: Roger Caruso; Alan Overton
> Subject: RE: Serenity View Estates P.U.D. - Water Service
>• Bruce:
>• Thanks for you response. This is the very same discussion we had in your
> office almost two months ago. It was my understanding that Ken Lind had
> forwarded the position of the NWCWD to you and that a solution had been
> worked out. Obviously that is not the case; so here goes. . .
>• I sat down with the NWCWD Board of Directors at 1 :30 this afternoon and
> asked for their assistance.
> At this point you have:
> 1. A commitment letter from the District
> 2 . A draft service agreement from the District
> 3 . A special letter drafted within the last four days committing the
> District to provide service to this property
> 4 . A set of conceptual infrastructure plans which show the proposed
> gt; improvements
> 5 . Copies of an easement request from the District for future water line
• > improvements with which the property owner has agreed to participate
>• The Board, District Staff, the property owner and myself are all
> confused as to what you are fishing for. There are only two things we
1
> can think of:
> 1. A signed agreement
> This is not appropriate at the change of zone since there are no
> final plat, final plans, approved zoning or idea of costs. Project
> typically change between the change of zone and final plat submittals
• > and typically take as long as three years to complete. The District does
> not want to enter into an agreement at this point . If they did, they
> would have to keep the agreement ambiguous and add cost and detail to
> another agreement at the final plat stage. This seems to be pointless to
> the District and I will let District represe ntatives provide further
> detail on this point.
> 2 . Prepayment of water taps
> Welcome to the end of minor subdivisions in Weld County. In NWCWD
> territory this would result in a payment of $216, 000 . 00 by a developer
> without any zoning or final approval. This amount represents more than
> most people paid for the property and in most cases represents a figure
> that is more than the total construction costs for the entire
> subdivision.
>• It is my understanding that Ken Lind will once again be contacting you
> to try to resolve this issue.
> I am still somewhat confused as to what problems you have had with other
> Districts . This also leads the District Board, District staff and myself
> to believe that there is some edict from the County Fathers to do away
> with minor subdivisions . Could you please enlighten me.
>• Also, are we on or not for Pla nning Commission on July 3rd?
>• Jeff Couch, P.E.
> Original message
> From: "Bruce Barker"
• > >
> > Jeff:
> >
> > Thank you for your e-mail.
> >
> > I understand that what is being proposed as compliance with
> Code
> > Sections 27-2-170 and 27-2-210 is a draft Water Service
> Agreement that
> > is not signed by the Developer. How can the Board make a
• finding that
> > adequate water will, in fact, be provided if the Developer has
> not
> > signed the Agreement and thereby committed to the terms set
> forth
> > therein?
> >
> > As to the fact that this is a concern at this point, I suggest
> that it
> > is within my purvue and authority to raise the question at any
> time .
> > < BR>> > I look forward to your response.
> >
> > Bruce Barker
> > Weld County Attorney
> >
> > Original Message---- -
> > From: jeffcouch7@comcast.net [mailto:jeffcouch7@comcast.net]
• > > Sent : Sunday, June 24, 2007 1:44 AM
> > To: Bruce Barker
> > Cc : Alan Overton; Roger Caruso
> > Subject: Serenity View Estates P.U.D. - Water Service
2
> > Bruce :
> >
> > I have forwarded you a letter from the North Weld County Water
> District
• > > which adds additional information and commitment relating to
> water
> > service for the Serenity View Estates P.U.D. As you review
> this
> > information, please consider the following:
> >
> > 1. We have provided a service commitment letter with the
> sketch plan
> > submittal .
> > 2 . We provided a draft Wa ter Service Agreement with the Change
> of Zone
> > Submittal .
> > 3 . Performance Standards as part of Section 27-2-170 and
> Section
> > 27-2-210 of the Weld County Code do not call for completion of
> an
> > executed Water Service Agreement, but merely that we shall be
> servic ed
> > by an adequate water supply and meet Colorado Primary Drinking
> Water
> > Regulations . We meet both of these requirements .
> >
> > It is clear in the e-mails generated by yourself and Roger
> that there
> > is not a clear understanding of the water system development
> process or
> > of the difference between water system construction costs and
> tap fees .
> > Please review the following information relating to
• > requirements at each
> > development step which insure that a viable water system is
> completed: > >
> > Step 1 Sketch Plan Letter of Commitment
> > Step 2 Change of Zone Draft Water Service Ageement
> > Step 3 Final Executed Water Service Agreement
> > provided prior to filing of Final Plat
> > Final Water System Construction
> > Plans are approved by the Utility Board
> > Final Improvements Agreement
> > Approved by County Commissioners prior to
> > filing of Final Plat
> > Letter of Credit covering water
> > improvement costs required by County
> > Step 4 Construction Water system physically completed.
> > Building permits not allowed until the
> > water system is charged and
> > approved by the Water District
> > Step 5 Home Construction Home Builder pays tap fee and meter
> fee prior
> > to issuance of a building
> > permit
> >
> > I 'm not sure I understand whe re you think we do not meet
> County Code,
> > State of Colorado, or North Weld County Water District
> requirements,
> > nor do I understand where a potential lot purchaser may be at
> risk.
• > > Bottom line is that a developer can't build until a plat is
> filed and
> > can' t sell lots until the utility systems are approved by the
> > appropriate District and released by the County.
3
> >
> > I 'm also curious as to what has happened that has caused this
> recent
> > concern with the existing process . I have been through th e
> Change of
• > > Zone process with NWCWD Agrements eight times in the last
> three years .
> > Three of trhese projects are built and five more are ready for
>• > construction this fall . I am not aware of any problems that
> have been
> > created as a result of the approval of these project.
> >
> > I look forward to resolving these issues with you in the near
> future.
>• > Jeff Couch, P.E.
•
•
4
Roger Caruso
From: Bruce Barker
�nt: Wednesday, June 20, 2007 2:26 PM
: Roger Caruso
Cc: Kim Ogle
Subject: RE: Serenity View Estates PUD
My approval was of the form of the agreement, only. It has to be signed for it to have
any effect . My understanding was that the parties would be executing an agreement and
submitting it, but I guess they have not done so. Let them know we need a signed
agreement before proceeding further.
Original Message
From: Roger Caruso
Sent : Tuesday, June 19, 2007 10 :59 AM
To: Bruce Barker
Cc : Kim Ogle
Subject: RE: Serenity View Estates PUD
Bruce,
Pam is saying they have not met Chapter 27 for adequate services (because there is no
official water agreement) .
Kim is saying he would prefer not to proceed and leave the tap agreement open. He would
like to see an official recorded agreement preferably before we proceed to the Board but
definitely prior to recording the Change of Zone or some type of bond/escrow to ensure
that the tap will be provided by the developer.
1111 nce I am newer to this you may want to clarify with him his stance; he did have good
asoning for having an official agreement prior to Board/recording the Change of Zone
instead of proceeding to final plan submission with, or potentially without one.
My question is this :
You have approved a draft agreement at Change of Zone submittal; should we require them to
have an official recorded water agreement or post the necessary funds prior to the Board
or recording the Change of Zone plat to ensure the development actually has water and also
that when I go before the board I will be able to say "prior to recording the Change of
Zone they will get an agreement with NWCWD" or "we are going for denial because they have
not provided evidence that adequate services will be provided and do not meet Chapter 27
of the code" instead of "they will get me one at some point"?
if we get the agreement now or prior to recording the COZ plat then everyone knows what is
expected and the County can be assured the development officially meets the intent of
Chapter 27 and has adequate services .
Hope that clarifies our stance. I will cc Kim on this and he might be able to shed some
light on his point of view.
Thanks for all your help.
Roger Caruso
Dept of Planning Services
Original Message
From: Bruce Barker
Sent : Tuesday, June 19, 2007 10:44 AM
To: Roger Caruso
Kim Ogle
Ilk
RE: Serenity View Estates PUD
1
Roger: Is Pam saying that tire water agreement is insufficienL or that they have not
proven that adequate sewer service is being provided?
Original Message
From: Roger Caruso
IIInu : Thursday, June 14, 2007 4 :27 PM
Bruce Barker
Cc : Kim Ogle
Subject: Serenity View Estates PUD
Bruce,
In reviewing the Change of Zone for Serenity View Estates PUD there is not an official
water agreement; however, you did approve the draft agreement between North Weld County
Water District and the applicant.
Pam Smith with the Department of Public Health and Environment has stated they do not meet
the requirements of Section 27 of the Weld County Code (adequate services provided) .
I am wondering what you suggest I should do in this case. I believe my options are to
hold money in escrow for the tap fees or have NWCWD hold funds to ensure that the water
taps will be paid for instead of proceeding to final without them.
If you could let me know how I should proceed to ensure the developer is held responsible
for adequate services being provided to the development I would appreciate it.
If you have any questions feel free to e-mail or call me at extension 3563 .
Thank you.
Roger Caruso
Dept of Planning Services
•
•
2
Page 1 of 1
Kim Ogle
• From: Bruce Barker
Sent: Tuesday, May 01, 2007 3:20 PM
To: Kim Ogle
Cc: jeffcouch7@comcast.net
Subject: Serenity View Estates PUD
Kim:
I met with Jeff Couch this afternoon regarding Serenity View Estates PUD.
Jeff has graciously agreed to ask Alan Overton to provide us with a letter or memorandum that explains the fee
collection process for the North Weld County Water District Water Service Agreement. It will include a time line
that details how the District assures that water will be available and the timing for the payment of fees, and how
and by whom those fees are paid.
Therefore, with this understanding, I approve the water agreement for Serenity View Estates PUD.
Let me know if you have any questions.
Bruce.
•
•
05/01/2007
TIL.A.M Engineering
3468 Shallow Pond Drive
Fort Collins, CO 80528
(970) 231-9937
•
April 23, 2007
Mr. Bruce Barker, Weld County Attorney
915 10th Street
Greeley, CO 80632
RE: Serenity View Estates P.U.D. (PZ-1131)
Owner: Bob Buderus Parcel No. 0705 05 300016
Dear Mr. Barker:
Attached is a draft water agreement for Serenity View Estates P.U.D. located along Weld County
Road 84 in Section 5,T7N, R67W, Weld County, Colorado.
This agreement was prepared by Alan Overton, P.E., District Engineer for the North Weld County
Water District, and is typical of agreements prepared by the District for minor subdivisions in this
area.
Please review this agreement at your earliest convenience. Planning Staff requires a review and
approval of this agreement by the Weld County Attorney's Office prior to submittal of a Change of
Zone application. Please forward your comments to Kim Ogle and feel free to contact me at (970)
231-9937 if you need additional information.
Sincerely,
Jeff Couch, P.E.
Attachment
Cc: Doug Kindsfater
•
WATER SERVICE AGREEMENT
(SERENITY VIEW ESTATES PUD-DUAL SYSTEM)
• THIS AGREEMENT is made and entered into as of the day of
,20 ,by and between the North Weld County Water District,acting by
and through the North Weld County Water District Enterprise(hereinafter"District")and
Robert L. Buderus,(hereinafter"Developer'),of Serenity View Estates PUD, (hereinafter
"Development").
RECITALS
WHEREAS, District is a statutory special district formed under the laws of the
State of Colorado and is a quasi municipal corporation;and
WHEREAS,the District Enterprise was created by the District, in order to comply
with the provisions of Section 20,Article X of the Colorado Constitution and Article 45.1
of Title 37 of the Colorado Revised Statutes,as applicable-'and
WHEREAS,the District owns, maintains and operates a system for the storage
of and distribution of potable and irrigation water within Weld County and Larimer
County,Colorado;and
•
WHEREAS,the Developer desires to contract with the District for certain potable
water supplies and services for the Development knownas Serenity View Estates PUD
located in the South 1/2 of Section 5,Township 7 North;Range 67 West of the 61h
Principal Meridian,County of Weld,State-of Colorado;and./ H
•
WHEREAS,Developer intends to plat ancf/ordevelop more than three residential
lots which will require dedication of raw water and/or"payment of cash in lieu of raw
water dedication in accordance with the terms of this Agreement;
NOW,THEREFORE,in consideration of the premises and the covenants and
agreements hereinafter-set forth,.it is agreed by••and between the District and Developer
as follows:
ARTICLE 1
• • POTABLE WATER SUPPLY/FACILITIES
1.1 The District shall furnish Development a customary supply of water for a
total of nine(9)individual Single-Family residential with each having an equivalency of
one-half(1/2),atidawo(2),Irrigation/Open-Space water tap each having an equivalency
of two(2). The Dfstrictshall furnish 70%of an acre foot(228,000 gallons)of water per
equivalent tap per annual water year,if the allotment for Colorado-Big Thompson(CBT)
project water,which-is determined by the Northern Colorado Water Conservancy
District is 50%or greater, North Weld County Water District will restrict the delivery as
necessary when the CBT allotment is less than 50%.
1.2 The water to be furnished by the District shall be potable water,which
complies with the Federal Safe Drinking Water Act and any other applicable drinking
water regulations. No promise or guarantee of pressure is made by the District or is to
be implied from anything contained herein.
1.3 The District shall use reasonable diligence to provide a constant and
uninterrupted supply of water,except for interruptions due to: (1)Uncontrollable forces;
(2)Operations or devices installed for water system protection; (3) Maintenance,repair,
replacement,installation of equipment,or investigation and inspection of the water
system,which interruption or reductions are temporary,and in the sole opinion of the
District,if necessary.
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•
1.4 The District shall install,own,repair and maintain a meter vault at each
individual lot within the Development in which the District shall install equipment as
deemed necessary, including but not limited to meters, reading devices,flow restricters,
• etc.
1.5 The District estimates the water supply to have a normal pressure range
of seventy five(75)to one hundred ten (110)pounds per square inch(psi). The District
will maintain an average minimum pressure of thirty five(35)psi to any tap. The
maximum pressure that will be supplied to any Tap may be as great as one hundred
twenty five(125)psi. Therefore,the Developer(or Lot Owner)agrees to install
preventative plumbing devices to restrict and/or release the pressure. Developer and/or
Lot Owner releases District from any and all liability or claims that may be made against
the District concerning damage from excessive water pressure supplied to the
Development,Tap or lot.
ARTICLE 2
DUAL WATER(IRRIGATION)SUPPLY/FACILITIES
2.1 This Development shall utilize a dual water systenl,which means that one
(1)system provides water for potable (also known as domestic, culinary)and a second
separate system shall provide water for irrigation and fire flows, hereinafter Irrigation
System. Both systems shall be owned,operated':and maintained by the District.
2.2 The Developer will be responsible far construction of the on-site facilities
including but not limited to water storage ponds, pumping facilities, strainers, backflow
prevention devices, master meters,.waterlines and associated appurtenances for the
Irrigation System. Such facilities shall be constructed and dedicated to the District in
accordance with Articles 3.
2.3 Based on information provided by the'Developer the District will attempt to
supply up to 40 Acre Feet ofirrigation water annually to the Development. The District
will charge the developmenf'for:the purchase.of raw water rights, being North Poudre
Irrigation Company;Stock, on an annual usage base. Such rate shall be determined at
the sole discretion of the District.
2.4 Delivery of irrigation water is currently limited by the frequency that the
North Poudre Irrigation Company is capable of delivering water through the Cactus Hill
• Lateral Due to such limitations the District may not be able to provide all 40 Acre-Feet
of imgabon.water to the Development on an annual basis. In these instances the
District will.tleliver potable water through a master meter to the Irrigation System. The
District will charge the delivery of potable water to the irrigation system users with
current rates asset forth for potable water delivery.
2.5 If the District encounters a severe drought and raw water limitations are
experienced,the District may limit or shut-off all or a portion of the points of connection
between the irrigation system and the users within the Development. However,the
District will maintain the system to provide fire flows to the development during such
occurrences.
2.6 The District will charge the users of the irrigation system on a volume used
basis. The District shall charge assessments and/or rates as required to operate,
maintain, repair and otherwise manage the irrigation system. Such rate shall be
determined at the sole discretion of the District.
ARTICLE 3
TAPS, LINES AND FEES
3.1 The District must approve, in writing,all engineering and construction
plans and materials of all Water Lines within any Development or Water Lines leading to
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•
the Development. The Developer shall be responsible for payment of the total cost of
the construction for Water Lines within the Development(or Water Lines that are
necessary to serve the Development)that will serve the Taps. 'Water Lines",means all
• lines which carry water to the meter vault(s)within the Development.
3.2 From the meter to the structure or lot being served with water,water will
be delivered through private service lines which are installed by the Developer or Lot
Owner,and for which the District has no responsibility or liability.
3.3 The District must approve engineering and construction plans of the Water
Distribution System including all Water Lines,Pumping Stations and appurtenances
before construction. Once the District has approved the final Water Distribution System
construction,the District will conditionally accept the Water Distribution System by
issuance of a conditional acceptance letter(see Exhibit"A"). Two years after
conditional acceptance of the Water Distribution System,subject to final approval by the
District, Developer shall dedicate ownership of the Water Distribution System to the
District. The Developer may use the District's existing Water Lines to serve the
individual taps,if the District determines in its sole discretion,that the Water Line may
be accessed and has available capacity and pressure to-serve the Development.
3.4 For all Water Lines located within the Development's roadway or
utilityiwaterline easements,future repair of paving or other improved surfaces
subsequent to the initial installation of any Water Line shall be the responsibility of the
Developer, Homeowners Association.or current owner of the.Right-Of-Way. The
District will repair and backfill the trench to the surface but will not rebuild any surface
improvements,including but not limited to pavement,curb and gutter,sidewalk,or
landscaping other than grasses.
3.5 No water service will be provided torany water Tap within the
Development until all fees, expenses and charges as determined by the District have
been paid and/or raw waterdedicated. The fees,charges and expenses,and/or water
dedication shall be as;deterinined and defined by the District and based upon such
fees,charges and expenses,and water dedication requirements then in effect.
Developer understands that the-amount due for such fees,charges and expenses,
and/or water dedication are:subjectdo.change.or modification at the sole discretion of
District.
• 3.6 Pursuant to this Agreement,the fees,expenses and charges for a potable
water Tap consist of:
(1) Plant Investment Fee as provided in Paragraph 3.8;
(2) MileageCharge pursuant to Paragraph 3.9;and
(3) Raw Water or Cash in Lieu Fee as provided in Paragraph 3.10;
(4) Raw Water Storage Fee as provided in Paragraph 3.10.2; and
The fees,expenses and charges for the new water system(s)consist of:
(5) Review& Inspection Fee as provided in Paragraph 3.11;
(6) Potable Water System Infrastructure Enhancement Fee as determined in
Paragraph 3.12;
(7) Irrigation Water System Infrastructure Enhancement Fee as determined in
Paragraph 3.12.1
(8) Meter Feels)as provided pursuant to Paragraph 3.15.
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•
• Notwithstanding anything to the contrary herein, payment of all fees,expenses
and charges as established pursuant to this Agreement shall be a condition precedent
• to the District providing water service to any Tap within the Development. Except as
provided in 7.1, if the total fees, expenses and charges are not paid,all prior fees,
expenses and charges paid by the Developer for any improvements made by the
Developer shall be considered as forfeited to the District as liquid ated damages as
accurate calculation and determination of damages would not be possible.
3.7 The Raw Water or Cash in Lieu Fee, Plant Investment Fee,and Mileage
Charge must be completed and fulfilled jointly before the District provides any water
service. Once these fees have been paid or completed,the Developer or Lot Owner will
then have one(1)year to pay for and have the meter set. Upon installation of the
meter,or,after one(1)year of payment of these referenced fees whichever occurs
earliest,the District shall commence billing the Developer or Lot Owner a Minimum
Monthly Charge in accordance with the policies the District theafn:effect. The Minimum
Monthly Charge shall apply whether or not any water is taken3hrough the Tap.
3,8 The Developer or Lot Owner will be responsible for making payment of the
"Plant Investment Fee. Said payment shall be made.prior to the issuance of any
building permit or the setting of a water meter,whichever occurs earliest. All Plant
Investment Fees paid shall be in accordance with"the Plant InvestmentlFee as
established by the District and in effect at the time of the payment. No portion of the
Plant Investment Fee shall be returned or refunded:once established pursuant to this
Agreement and the Development is approved by WeldCounty,even if the number of
lots and/or Taps in the Development,is later decreasedor.unsold. However, if the
number of lots and/or Taps increases beyond the number initially established in
Paragraph 1.1,Developer will pay the Plant:Investment Feei'foreach new Tap within the
Development at the rate for Plant Investment Fees-then in effect.
3.9 The Developer or Lot Owner will°be responsible for making payment of the
"Mileage Charge". Said payment shall be made prior to the issuance of any building
permit or the setting4f..a watermeter,whichever occurs earliest. All Mileage Charges
paid shall be in accordance with the Mileage Charge as established by the District and
in effect at the time of the payment No.portion of the Mileage Charge shall be returned
or refunded ont:erestablished-pursuant to this Agreement and the Development is
approved-by WeldCcunty,even if the number of lots and/or Taps in the Development is
later decreased or unsold. However„if the number of lots and/or Taps increases
• beyond the number initially.established in Paragraph 1.1, Developer will pay the
Mileage Charge for each new Tap within the Development at the rate for Mileage
Charge thensinfeffect.
3.10 The':'Raw Water or Cash In Lieu Fee"requirement for this Development
shall be met by payment of"Cash in Lieu". The Developer or Lot Owner will be
responsible for making payment of this fee. Said payment shall be made prior to the
issuance of any building permit or the setting of a water meter,whichever occurs
earliest. All Cash In Lieu Fees paid shall be in accordance with the Cash In Lieu Fee as
established by the District and in effect at the time of payment.
3.10.1 At the sole discretion of District,the District may allow the Developer to
dedicate Raw Water to fulfill the raw water requirement. The raw water requirement for
a Residential Tap being a single family residence on one(1)lot shall be the dedication
of at least one(1)share of North Poudre Irrigation Company(NPIC)stock for every four
(4)residential Taps.
3.10,2 In addition to the dedication of the Raw Water,the Developer shall be
responsible for a Raw Water Storage Fee as determined by District. The Raw Water
Storage Fee shall be applied once for each Unit of CBT or four times per share of NPIC
that is dedicated to the District. The Raw Water Storage Fee payment shall be made in
conjunction with the dedication of the Raw Water.
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•
3.11 The District will be expending resources for review and inspection of the
Development including but not limited to engineering review,Water Line inspection,
surveying,bacteriological testing,and pressure testing of the Water Line constructed for
• the development. The Developer will be required to reimburse the District for such
expenses and shall be known as the"Review and Inspection Fee", The Review and
Inspection Fee shall be solely determined by the District,and for this Development said
fee shall be the sum of$2,350.00. A portion of this payment determined to be$180.0°of
said Fee shall be paid by the Developer and payment shall be made upon execution of
this Agreement and the remainder$2,170.0°of said Fee be made prior to
commencement of construction of Water Lines that will serve the Development,or the
issuance of any building permit,whichever occurs earliest. The Review and Inspection
Fee,as established in this Paragraph 3.11 is non-refundable,
3.12 The District may be constructing substantial Infrastructure improvements
to the potable water distribution system,including but not limitedso..installation of
approximately 4,150 feet of 14"diameter waterline from the intersection of WCR 84 and
15 along WCR 84 to the eastern property boundary of Seretrity.View Estates PUD. The
District has previously agreed with another Developmentfor such=construction. A
portion of these enhancements will be attributable to the.Development and a "Potable
Water System Infrastructure Enhancement Fee"will•be-charged to tne:Developer. The
Potable Water System Infrastructure Enhancement Fee shall be solely-determined by
the District,and for this Development said fee-shall be thesum of $17,000:°°. Said Fee
shall be paid by the Developer and payment shallibe made/upon execution of this
Agreement. The Potable Water System InfrastructureEnhancement Fee,as
established in this Paragraph 3.12 is.non-refundable.'�!'r
3.12.1 The District may be constructing,substantial infrastructure improvements
to the irrigation distribution system, including'but not limited to..nstallation of pumping
facilities at Hinkley Lake and associated pipingao'the'Cactus Hill Lateral. A portion of
these enhancements will..be:.attributable tothe'evelopment and an"Irrigation Water
System Infrastructure.Fee"will.be charged to.the Developer. The Irrigation Water
System Infrastructure:Enhancement Fee shalkbe solely determined by the District, and
for this Development said fee shall be the sumiofr$9,000.00. Said Fee shall be paid by
the Developer and payment shal[be made upon execution of this Agreement. The
Irrigation Water System Infrastructure Fee,.as established in this Paragraph 3.12.1 is
non-refundable.
• 3.13 The Developer shall provide the District with security,as deemed
acceptable by District,to secure the installation and warranty of the Water Distribution
System within/the Development during the two-year conditional acceptance period.
Said security sh'all.cover 25%of all costs for construction of said Water Distribution
System,which shallbe released at the expiration of the two-year warranty period and
upon full acceptancecotthe Water Distribution System by the District. The type of
security to be accepted shall be at the sole discretion of the District which will normally
be a letter of credit,certificate of deposit,or bond.
3.14 During the two-year conditional acceptance period,the Developer will be
responsible for any repairs or maintenance of the Development Water Distribution
System improvements. All such repairs and/or maintenance shall be in accordance with
the District policies and engineering requirements,and shall be reviewed and approved
by the District prior to any repairs or maintenance being effected except in emergency
situations.
3.15 Prior to a meter being set and water service being provided at or for any
Tap,the Developer or parcel owner shall be required to complete the District's Tap
application form, pay the appropriate Meter Fee,and pay any remaining fees,expenses
and charges,if any,in accordance with the policies and procedures of the District at the
time of any Tap application,or any other expenses or costs that may be incurred by the
District in relation to the Development.
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ARTICLE 4
FIRE PROTECTION• 4.1 Fire protection is a basic provision required for development activities in
the Weld County for which this Development is to be constructed. The Development
may be located within an established fire protection district("FPD")which has its own
policies,procedures and requirements concerning fire protection which may be in
addition to or supplement any requirements imposed by the Weld County. Developer
understands that District is not responsible for compliance with any such FPD or Weld
County requirements and such requirements are the sole responsibility of Developer,
FPD and/or Weld County. Developer further understands that District is not required to
provide fire flows or even allow fire protection devices,including but not limited to
hydrants,Water Lines,sprinklers,and valves,to be installed,inspected, serviced or
provided by District.
4.2 However,as a courtesy and public service, District will permit Developer
to install certain fire protection infrastructure pursuant to the provision of this Article 3
and any other provisions or requirements deemed necessary by District, in its sole
discretion.
4.3 Developer shall provide to the District,FPD and Weld County plans and
specifications for fire protection infrastructure,including but not limited to location and
size of Water Lines to serve fire hydrants("Fire Facilities"). Said plans shall be in
accordance with any specifications and requirements established by District,Weld
County and/or FPD.
4.4 Upon final approval of the plans'and.idesign by District,Weld County and
FPD,Developer shall be responsible for installatid8:ofthesame including all costs
incurred by District to review:plans,installation,and inspection of the same by District.
Upon approval of the installation of all such fire facilities by District,Weld County and
FPD, District will thereafter assume the responsibility of effecting maintenance and
repairs of such facilities but District will be compensated for such maintenance and
repairs,in perpetuity,by Developer or Homeowners Association in the Development.
Additionally,responsibility for all costs of maintenance and repairs shall become a part
of covenants that run::with the•title to all lots and property within the Development,and
• which shall constitute a first and prior lien upon all lots and property in said
Development.
4.5 As additional consideration for this Agreement, Developer understand that
District has notand will not perform any independent review or analysis of the adequacy
of any fire facilities.,:Accordingly, Developer releases District from any and all liability or
claims of any type that could be made against the District, including but not limited to
water pressure, line size, lack of water, maintenance,volume or velocity of flow, or any
other item related to fire facilities in the Development.
4.6 All final approvals of this Development must make reference to the
responsibility of the Developer or Homeowners Association concerning expenses of
maintenance and repairs for the fire facilities pursuant to Paragraph 3.4.
ARTICLE 5
PETITION OF INCLUSION
5.1 If determined to be necessary by District,the Developer agrees to sign
and execute a standard Petition of Inclusion,Exhibit"C".
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ARTICLE 6
EASEMENTS AND RIGHTS-OF-WAY
• 6.1 As additional consideration for this Water Service Agreement,Developer
agrees to sign and execute any necessary Easements and Rights-of-Way regarding
specific locations,widths,size of pipeline(s)and descriptions for Water Lines as
determined by the District. This Agreement is conditional upon execution and recording
of the Easement and Right-of-Way Agreement,and until such Easement and Right-of-
Way Agreement is finalized to the satisfaction of the District and recorded, District shall
not be required to provide any services of any type.
6.2 Additionally,any final development plat must be reviewed and approved
by District as to all aspects of Easements and Rights-of-Way for water facilities,
pipelines and fire facilities. All such items must be dedicated for public use and District
must approve the final plat.
ARTICLE 7
MISCELLANEOUS
7.1 This Agreement is conditional as the,final°plat of the Development has not
yet been approved by Weld County. If the final plat is not approved on•or;before the 1st
day of January,2008,this Agreement can theriibe.terminated by Developer:and the
same shall be considered null and void. Notwithstanding.ohy language to the contrary,
Developer shall be entitled to a refund of 98%of costs:and expenses paid pursuant to
Article 3.8,3.9 and 3.10 if such refund is applied for within one(1) year of the payment
made to the District. The 2%retention by the District shalfrhe considered as
administrative expenses. All or any portion of costs or expenses the Developer incurred
pursuant to Articles 3.1, 3.11, 3.12 and 3.15 shall not be entitled to a refund of any
amount.
7.2 This Agreement:cannot be assigned by Developer without the express
written approval of District.
7.3 This Agreement shall inure to and be binding upon the parties hereto and
their heirs exechtors, personal representatives,successors and assigns•
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IN WITNESS WHEREOF,the parties have executed this Agreement the day and
year first above written.
DEVELOPER:
•
By:
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By: By
Secretary President
STATE OF COLORADO
ss.
COUNTY OF
The foregoing instrument was acknowledged before Mathis day of
,20 by
Developer.
Witness my hand and:official seal.
My commissioi"f:*pires: "=:~
Notary Public
STATE OF COLORADO •):
.t. :)ss.
COUNTY OF WELD: 1)
The foregoing instrument was acknowledged before me this day of
,20 ,by as
President and as Secretary of North Weld
County Water District.
Witness my hand and official seal.
My commission expires:
Notary Public
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