HomeMy WebLinkAbout20072621.tiff WATER SERVICE AGREEMENT
(HOMESTEAD PUD -SINGLE 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
Chris Serbousek, (hereinafter "Developer'), of Homestead 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 applicabler and
WHEREAS, the District owns, maintains and operates a system for the storage
of and distribution of potable water within Weld County and Larimer County, Colorado;
and
WHEREAS,the Developer desires to contract.wag the District for certain potable
water supplies and services for the Development knalorrt as Homestead PUD, described
as the South'A of the Southwest%of,section 32,Townah p 7 North, Range 67 West of
the 61h Principal Meridian, County of NICK State of Colorado, known as Parcel#
070532000045; and
WHEREAS, Developer intends to plat and/ordevalop 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
WATER SUPPLY/FACILITIES
"
1.1 'The.District shell furnish Development a customary supply of water for a
8)total of eight( ifidividual Single-Family residential taps ("Residential Tap"), and one (1)
Irrigation/Open-Space_water taps("Irrigation Tap"), and collectively identified as ("Tap or
Taps"). The District*..pall 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. Whenever the CBT allotment is less than 50%for any annual
water year, District will reduce or restrict the delivery of the amount of water per
equivalent Tap as deemed proper and necessary by District to assure water supplies.
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
EXHIBIT
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I 2007-2621
system, which interruption or reductions are temporary, and in the sole opinion of the
District, if necessary.
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 sixty-five(65)to one hundred (100) pounds per square inch (psi). The maximum
pressure that will be supplied to any Tap may be as great as one hundred-twenty (120)
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
TAPS, LINES AND FEES,'`
2.1 The District must approve, in writing,all engineering and construction
plans and material submittals of all Water Lines Within any Development*,Water Lines
leading to the Development. The Developer,shalt be responsible for paymentrof the
total cost of the construction for Water Lines withirt'the Development(or Water Lines
that are necessary to serve the Development)that Wtserve the Taps. "Water Lines",
means all lines which carry water to the meter vault(s °>{ithin the Development.
2.2 From the meter to the strtfettiteior lot being sertredwith 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 respopsibitiWor,liability.
2.3 After the.Devela$r has installed and constructed the Water Lines,the
Developer will be required to submit a letter of receipt of the value of the Water Lines;
and such has been aptireved bp`the District,tnepistrict will conditionally accept the
Water Lines by issuance 4ta condit(o{ial acceptance letter(see Exhibit"A"). Two years
after conditippAggpeptancetef the Water Lines,subject to final approval by the District,
Developekahall de&i&ate ownerr„hip of the Water Lines to the District. The Developer
may use the District s` xJSting Waterlines to serve the individual Taps, if the District
determines in its sole discretion,that'the existing Water Line may be accessed and has
available'fbabacity and pressure to'serve the Development.
2.4 rot ail Water Lines located within the Developments roadway or
utility/waterline easkmerJts;future repair of paving or other improved surfaces
subsequent to the inittat`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.
2.5 No water service will be provided to any water Tap within the
Development until all fees,expenses and charges as determined by the District have
been paid and/or raw water dedicated. The fees, charges and expenses, and/or water
dedication shall be as determined 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 subject to change or modification at the sole discretion of
District.
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2.6 Pursuant to this Agreement,the fees, expenses and charges for a water
Tap consist of:
(1) Review& Inspection Fee as provided in Paragraph 2.8;
(2) Infrastructure Enhancement Fee as determined in Paragraph 2.9;
(3) Plant Investment Fee as provided in Paragraph 2.10;
(4) Mileage Charge pursuant to Paragraph 2.11; and
(5) Raw Water or Cash in Lieu Fee as provided in Paragraph 2.12;
(6) Raw Water Storage Fee as provided in Paragraph 2.12.2; and
(7) Meter Fee as provided pursuant to Paragraph Z 1t.5
Notwithstanding anything to the contrary herein paymei*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!ftir any improvements madt by the
Developer shall be considered as forfeited to the District a,5!liquidated damages as
accurate calculation and determination of damagedwouid not be possible.
2.7 The Raw Water or Cash in Lleu Fee, Plant in:estment Fee, and Mileage
Charge must be completed and fulfilledttcritiy before the Distrjot provides any water
service. Once these fees have been palff or'domplgted, the Developer or Lot Owner will
then have one (1)year to pay for and have the mater;Set, Upon installation of the
meter, or, after one (1)year,of payment of these referartOad fees,the District shall
commence billing the.pevelbplr or Lot Owner a Minimum Monthly Charge in
accordance with the policies the District then'in effect. The Minimum Monthly Charge
shall apply whether or not any water is taken through the Tap.
2.8 The District will be expending resources for review and inspection of the
Development incitiding 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 wilfbe 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 thesbm of$3,1509°. A portion of this payment determined to be$180.°°of
said Fee has beep paid py'the Developer on September 2,2005 and the remainder
$2,9500°of said FeeAie 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 2.8 is
non-refundable.
2.9 The District may be constructing substantial Infrastructure, including but
not limited to 8"wet tap on the existing 30"waterline located adjacent or in the Highway
257 Right-Of-Way, installation of approximately 2,640-feet of 8"waterline and
appurtenances along the WCR 74 Right-Of-Way from Hwy 257 to the Development. A
portion of these enhancements will be attributable to the Development and an
"Infrastructure Enhancement Fee"will be charged to the Developer. The Infrastructure
Enhancement Fee shall be solely determined by the District, and for this Development
said fee shall be the sum of$73,370.°°. A portion of this payment determined to be
$22,000.°°of said Fee shall be paid by the Developer and payment shall be made upon
execution of this Agreement and the remainder$51,3590°of said Fee be made prior to
commencement of construction of Water Lines that will serve the Development, or the
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issuance of any building permit,whichever occurs earliest. The Infrastructure
Enhancement Fee, as established in this Paragraph 2.9 is non-refundable.
2.10 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 Investment Fee 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 Weld County,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 Plant Investment Fee for each new Tap within the
Development at the rate for Plant Investment Fees then in effect.
2.11 The Developer or Lot Owner will be responsible fotsiillaking payment of the
"Mileage Charge". Said payment shall be made prior to the lseaance of any building
permit or the setting of a water meter,whichever occurs earliest All Mileage Charges
paid shall be in accordance with the Mileage Charge as establlatfad by the District and
in effect at the time of the payment. No portion of the Mileage Charge shall be returned
or refunded once established pursuant to this Agree:trentand the Development is
approved by Weld County, 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 Paragraptt.l.1,Developer will pay the
Mileage Charge for each new Tap within the Development at the rate for Mileage
Charge then in effect.
2.12 The"Raw Water or Cash IprUeu Fee" requirententfor this Development
shall be met by payment of"Cash in Lieal. Tita:eveloper orlot Owner will be
responsible for making payment of this fee; Seeraayfrtent shall be made prior to the
issuance of any building permit or the setting of a water:meter,whichever occurs
earliest. All Cash In Ltetineehaid shall be;tn accordance with the Cash In Lieu Fee as
established by the pis`trict and{n effect at the!ttme of payment.
Elk, LE
2.12.1 At the sold d(scretiort$District,4he District may allow the Developer to
dedicate Ray+Water to fulflttbe raw 47 r'reguirement. The raw water requirement for
a Residential Tap'bei ga smglefamily residence on one (1) lot shall be the dedication
of at least one (1) Univ of Colorado 8ig Thompson (CBT) project water per Tap,or at
least one(1) share of North Poudre.irrigation Company(NPIC)stock for every four(4)
resident el:"€aps.
2.12.2 Ittaddition to-the dedication of the Raw Water, the Developer shall be
responsible for a ikew Water Storage Fee as determined by District. The Raw Water
Storage Fee shall beaahlied once for each Unit of CBT or four times per share of NPIC
that is dedicated to We District. The Raw Water Storage Fee payment shall be made in
conjunction with the dedication of the Raw Water.
2.13 The Developer shall provide the District with security,as deemed
acceptable by District,to secure the installation and warranty of Water Lines within the
Development during the two-year conditional acceptance period. Said security shall
cover 25%of all costs for construction of said Water Lines,which shall be released at
the expiration of the two-year warranty period and upon full acceptance of the Water
Lines 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.
2.14 During the two-year conditional acceptance period,the Developer will be
responsible for any repairs or maintenance of the Development Water Line
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
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the District prior to any repairs or maintenance being effected except in emergency
situations.
2.15 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 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.
ARTICLE 3
FIRE PROTECTION
3.1 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 protgit#in 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; uch FPD or Weld
County requirements and such requirements are the sole responsitirkttf of Developer,
FPD and/or Weld County. Developer further understands that District is;rcpt required to
provide fire flows or even allow fire protectiondevtces, incit/ding but not lrrftted to
hydrants, Water Lines, sprinklers, and valves, to 4e\instagad;,inspected, serviced or
provided by District.
3.2 However, as a courtesyattd,public service l Strict will permit Developer
to install certain fire protection infrastructurspyrsuant to theprowSion of this Article 3
and any other provisions or requirement's,deemOpecessary by District, in its sole
discretion.
3.3 Develope'Shaliitovide to the District FPO and Weld County plans and
specifications for fira¢rotectiorrlPfrastructure;including but not limited to location and
size of Water Lines to'istitye firci hydrants ('Fire Facilities"). Said plans shall be in
accordance with any specificat(Ofl5 and requirements established by District, Weld
County and/or-FED,
3 4 Upon finI pproval; ,tire plans and design by District,Weld County and
FPD Developer shall be tesponsible for installation of the same including all costs
incurred bzoistrict to review plans;installation,and inspection of the same by District.
Upon approl`rel,iof the installation of all such fire facilities by District,Weld County and
FPD, District wilkthereaftet assume the responsibility of effecting maintenance and
repairs of such faculties taut District will be compensated for such maintenance and
repairs, in perpetui$ii4y Developer or Homeowners Association in the Development.
Additionally, responsibility for all costs of maintenance and repairs shall become a part
of covenants that run with the title to all lots and property within the Development, and
which shall constitute a first and prior lien upon all lots and property in said
Development.
3.5 As additional consideration for this Agreement, Developer understand that
District has not and will not perform any independent review or analysis of the adequacy
of any fire facilities. Accordingly, Developer releases District from any and all liability or
claims of any type that could be made against the District, including but not limited to
water pressure, line size, lack of water, maintenance, volume or velocity of flow, or any
other item related to fire facilities in the Development.
3.6 All final approvals of this Development must make reference to the
responsibility of the Developer or Homeowners Association concerning expenses of
maintenance and repairs for the fire facilities pursuant to Paragraph 3.4.
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ARTICLE 4
PETITION OF INCLUSION
4.1 If determined to be necessary by District,the Developer agrees to sign
and execute a standard Petition of Inclusion, Exhibit"B".
ARTICLE 5
EASEMENTS AND RIGHTS-OF-WAY
5.1 As additional consideration for this Water Service Agreement, Developer
agrees to sign and execute any necessary Easements and Rights-of-Way regarding
specific locations,widths, size of pipeline(s)and descriptions for Water Lines as
determined by the District. This Agreement is conditional upon execution and recording
of the Easement and Right-of-Way Agreement, and until such Easement and Right-of-
Way Agreement is finalized to the satisfaction of the District and recorded, District shall
not be required to provide any services of any type.
5.2 Additionally, any final development plat mu$tbe renewed and approved
by District as to all aspects of Easements and Rights pf-Way for water facilities,
pipelines and fire facilities. All such items must be,de'dicated for pubtieivse and District
must approve the final plat.
ARTICLE 6
DUAL WATER(IRRIGATION ')(STEM
6.1 This Agreement is for a siaeaystem water lstiNige which means that one
(1)system provides water for all water ueage`Within,Homeste2d PUD. Neither the
Developer or any Lot Owner will construct, install of useasecondary or alternative
water system within Homestead PUD withou$:en amendfient to this Agreement to
»,,.
insure proper installation Us��nd connection of a duah'water system. For any breach
of this provision, Di:0Gt shall h#Ve the right to,discontinue water service to the entire
Development until artamendment to this Agreement has been finalized by the District,
Developer and/or all Lo nett,-
.
,ARTICLE 7
MISCELLANEOUS
7.1 ',Milks Agreement is conditional as the final plat of the Development has not
yet been approd by WeldiCounty. If the final plat is not approved on or before the
1s1 day of SepteriSL29,96,this Agreement can then be terminated by Developer and
the same shall be thfi1 tiered null and void. Notwithstanding any language to the
contrary, Developer,5fiall be entitled to a refund of 98% of costs and expenses paid
pursuant to Article 2.10, 2.11 and 2.12 if such refund is applied for within one (1)year of
the payment made to the District. The 2% retention by the District shall be considered
as administrative expenses. All or any portion of costs or expenses the Developer
incurred pursuant to Articles 2.1, 2.8, 2.9 and 2.15 shall not be entitled to a refund of
any amount.
7.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
7.3 This Agreement shall inure to and be binding upon the parties hereto and
their heirs, executors, personal representatives,successors and assigns.
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�. IN WITNESS WHEREOF,the parties have executed this Agreement the day and
year first above written.
DEVELOPER:
By: By:
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By: By:
Secretary President
STATE OF COLORADO ) I
)ss.
COUNTY OF )
The foregoing instrument was a f7lf$edged before rP6.;this day of
,20 , by l ,..
Developer.
Witness my hpd artflicial seal.
My commissioliires
Notary Public
STATE OFF:Qt,ORADO
COUNTY OF WELQ.
The foregoingnstrument 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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Page 1 of 2
Chris Gathman
From: CHRIS KRISTIN SERBOUSEK [serbousekhomes@msn.com]
Sent: Monday, July 30, 2007 12:36 PM
To: Chris Gathman
Subject: Re: PZ-1129 animal units question and Town of Windsor Question
Chris,
1) Correct we will not allow any livestock based on the list below.
2) Yes we have had discussions with Windsor about annexation and I attended a planning
commission meeting. The story remains the same.
a) They are looking for higher density and will not make any accommodations for this
development. I want to maintain a more open rural atmosphere.
b) They will not make any accommodations for the septic systems on the lots and can't tell us
when sewer would be available to the property.
c) They are looking to have some commercial zoning on the C.R. 74 frontage and I have no
desire to have businesses in my front yard.
They probably had some additional things that they wanted, but in a nut shell it is not possible to
do any smaller 8/9 lot development of the property under Windsor rules and they will not make
any accommodations to make it possible.
I hope I answered your questions. If I need to go into greater detail or be more specific let me
know.
Thanks,
Chris
Original Message
From: Chris Gathman
To: CHRIS KRISTIN SERBOUSEK ; todd.hepworth@me_rrick.com ; sac.ayala@merrck.com
Sent: Monday, July 30, 2007 9:04 AM
Subject: PZ-1129 animal units question and Town of Windsor Question
Chris,
I have a couple of questions for you:
1) In your application you indicate that horses/livestock will not be permitted. The definition of livestock falls
under"animal units" in our county code and includes a number of different types of animal species. I wanted
to be sure you meant to include all livestock/animal units. I have attached the list of animal units allowed in
the E(Estate)zone district as outlined in the County Code.
Table 23-1B Animal Units in the E(Estate)Zane District
Animal Unit Number of Maximum Number
Equivalents Animals Per Acre
Equivalent to
One Animal Unit
Cattle 1 1 1 EXHIBIT
Horse 1 1 1
Swine 1
I 1 1 6—j
07/30/2007
Page 2 of 2
Mule 1 1 1
Burro I 1 1
Sheep .5 2 2
Goat .5 2 2
Llama .1 10 10
Alpaca .075 13 13
Poultry .04 25 25
Rabbit .04 25 25
If there are certain animals you are planning on allowing please let me know as we will need to address this.
2)Windsor indicated in their referral that they want to annex. Have you had any discussions with the Town of
Windsor in regards to annexation?? (This question will likely come up at the Planning Commission and Board
of County Commissioners hearings.
Thank you for your time.
Chris Gathman,AICP,Planner II
Weld County Department of Planning Services
918 10th Street,Greeley,Colorado 80631
ph(970)353-6100 ext. 3540 fax(970)304-6498
07/30/2007
Jun . 29 . 2007 9 :46AM MAIL & COPY Ho 6319 P . 2
June 25, 2007
FROM: Dennis& Bonita Sterk
7511 Weld CR 74
Windsor, Colorado 80550
TO: Chris Gathman, Dept. of Planning Services
Weld County Planning and Zoning
918 10th Street
Greeley, CO 80631
RE: Serbousek/Homestead Development PUD Application
Dear Mr. athman:
W understand that Mr, Serbousek is in the 1'UD application process with the County,
We are th adjacent property owner to the east and share access to the respective properties with
the Serbo seks. We are writing to provide evidence to the.County that we are agreeable to a
joint acces easement from Weld County Road 74 as may be required for the PUD;
W currently share such an access from Weld County Road 74 with the Serbouseks. We
are agreea le to including this portion of our land, along with the Serbousek's land, to provide
this road right-of-way as may be required. Our understanding is that a sixty feet(60 ft.) public
road right-of-way will provide access to our property and the adjacent property for egress and
ingress from Weld Cnty. Rd. 74. We believe that approximately thirty feet (30 ft.) of our
property wimld be included in the easement,
We are available to review and approve the access right-of-way as necessary for the
County. If we can provide additional information, please let us know.
I,Sii ely,
Dennis Sterk
EXHIBIT
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