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Home My WebLink About982257.tiff ARIL-11546S D ocini RI01915465 01 /25/83 15 : 01 01 $18. 00 1 /{) )r." F ii i5 NARY ANN I LLll::R.> f 1:.TIN CLERK RK ?. RECORDER WEL. D CV (:o AGREEMENT FOR WATER SERVICE THIS AGREEMENT is made this 13th day of December , 1982 between the TOWN OF PLATTEVILLE , a Colorado municipal corporation ( Town ) , SHIRLEY HENRICKSON and VIRGINIA HENRICKSON ( Henricksons ) , and RAY E . OLIN and SHIRLEY A . OLIN (Olins ) . HENRICKSONS own the following described real property: The West 550 feet of the North three- quarters of the Northeast one-quarter of the Northwest one-quarter of Section Twenty ( 20 ) , Township Three ( 3 ) North , Range Sixty-six ( 66 ) West of the Sixth ( 6th ) P . M . , Weld County, Colorado. OLINS own the following described real property: The North 30 acres of the Northeast Quarter of the Northwest Quarter ( NE 1/4 NW 1/4 ) of Section Twenty ( 20 ) , Township Three ( 3 ) North , Range Sixty-six (66 ) West of the Sixth ( 6th ) P . M . except the West 550 feet thereof ; and the South One- half ( S 1/ 2 ) of Section Seventeen ( 17 ) , Township Three ( 3 ) North , Range Sixty-six ( 66 ) West of the Sixth ( 6th ) P . M . , all in Weld County , Colorado . In July and August of 1981 , the Town agreed to furnish domestic water service to HENRICKSONS and OLINS , to be used upon their respective lands described above . HENRICKSONS and OLINS subsequently applied for and paid the fee for and installed a one inch ( 1" ) tap , conveyed to the Town two ( 2 ) acre-foot units of Colorado-Big Thompson water , installed a trunk line from the tap to a point at which their respective lines separate and go to their respective lands , installed water meters and shutoff valves for each of their separate lines , and began using water supplied to them by the Town . Since that time , certain issues and questions have arisen between HENRICKSONS , OLINS , and the Town , and an agreement has been reached to resolve those issues . The purpose of this writing is to set forth that agreement . NOW THEREFORE , for and in consideration of the mutual covenants and undertakings herein set forth , the parties agree as follows : 1 . Ownership of Trunk Line. Ownership of the trunk line shall , for the purposes of this Agreement , be deemed joint property of HENRICKSONS and OLINS , and the said tap shall be considered to be a single tap. Both HENRICKSONS and OLINS are and will be jointly and severally liable for all maintenance and repairs upon all lines on their side of - 1 - EXHIBIT 982257 I 0987 RFC 019i5465 01 /25/83 15 : 01 a.18 ,00 F 1116 ! 21 0e), MARY f�:.WE .r I�_ �.it t`L�. R F & hLI.(.H-'. I WELD 1 ill co the tap. Notwithstanding this provision , however , the Town will bill HENRICKSONS and OLINS separately for water service to their respective lands , based upon usage at the rates specified in Paragraph 2 . below and shall in all respects treat the accounts for water usage as the separate obligation of each party. Additionally, HENRICKSONS and OLINS agree that they will neither cause nor permit any other parties to use any water obtained from the Town through the tap without the express prior written consent of the Town , and any breach of this covenant shall be deemed sufficient cause for immediate termination of water service until the breach is cured . 2. Rates for Water Usage. HENRICKSONS and OLINS severally agree to pay the Town the amount of TWO AND NO/100 DOLLARS ( $2 . 00 ) for each 1 , 000 gallons or fraction thereof used by each of them, effective as of 1 July 1981 . 3. Billing and Payment of Current Usage Charges . As to current charges for water usage , all parties to this Agreement shall be subject to the provisions of Town ordinances , as the same may be amended from time-to-time . HENRICKSONS and OLINS each expressly grant to the Town a right-of-way for ingress , egress , and access to and from their respective shutoff valves and meters for the purposes of reading meters , inspecting all equipment used for the transmission of water furnished pursuant to this Agreement , and enforcing applicable ordinances , rules and regulations of the Town . The precise location of each shutoff valve and meter is set forth on the Map attached hereto and incorporated herein by reference , and the right-of-way herein granted by each party to the Town shall be deemed to extend from each such point to the nearest county or municipal road over the route deemed most convenient by Town personnel . 4 . Payment of Existing Arrearages . At the present time , HENRICKSONS have arrearages of ONE THOUSAND SIX HUNDRED FORTY-ONE AND 62/ 100 DOLLARS ( $1 , 641 . 62 ) , for water furnished prior to the date hereof. HENRICKSONS agree to pay their arrearages to the Town in installments of not less than TWO HUNDRED AND NO/ 100 DOLLARS ( $200. 00 ) per month , commencing in December of 1982 . So long as there is no default in the payment of arrearages , the outstanding balance thereof shall draw no interest. HENRICKSONS agree that failure to make any installment payment when due shall , at the option of the Town , cause the entire outstanding arrearage balance to become at once due and payable , and the entire principal amount of such arrearage balance shall begin drawing interest at the rate of eighteen percent ( 18%) per annum from the date of acceleration . Default in the payment of the presently existing arrearage balance shall not be cause for termination of water service , but as to any such default the Town shall have all other remedies provided by law for collection of past due water charges . If the Town elects to commence a civil action for collection of any arrearage balance , HENRICKSONS shall pay reasonable costs of collection , including a reasonable attorney fee. This paragraph applies only to the arrearage balance of HENRICKSONS existing as of the date of this Agreement and not to unpaid charges for future water service . 5 . Colorado-Big Thompson Water . On or before the 31st day of December , 1983 , HENRICKSONS and OLINS shall - 2 - o 0987 RI::c: 01915.465 4!'1 ,'Sr:5%'Ei1:3 1 :: : 0'1 $10 .00 :iii006 F 9 'f 'S "7 MARY Ai.IL! I' [:all!i:ftS fl:i::[iI CLERK & RECORDER lJliia...17 CO , CO furnish to the Town three ( 3 ) additional acre-foot units of Colorado-Big Thompson Water . Additionally, on or before the first day of July , 1983 , HENRICKSONS and OLINS shall bring their above-described lands within the boundaries of the Northern Colorado Water Conservancy District . These two covenants shall be deemed joint and several obligations of HENRICKSONS and OLINS , and a breach of either covenant by either or both of said parties shall be deemed sufficient cause for termination of water service at the tap into the Town ' s water system until the breach is cured . Any Colorado-Big Thompson water conveyed to the Town by HENRICKSONS and OLINS , either initially or pursuant to this Agreement , shall be credited to them or to either of them, as they may agree , in the event their said lands are annexed to the Town , but in no event shall the Town be required to return such water or the value thereof to them or either of them. All parties to this Agreement acknowledge that Colorado-Big Thompson Water may not be used outside the boundaries of the Northern Colorado Water Conservancy District . It is therefore expressly understood and agreed by HENRICKSONS and OLINS that in the event the said District notifies the Town to cease serving lands outside the boundaries of said District before the lands of HENRICKSONS and OLINS are brought within the District , the Town may immediately and without notice terminate all further delivery of water to HENRICKSONS and OLINS , and the latter shall have no claim of any kind against the Town as a result of such termination of service . 6 . Indemnification and Hold Harmless . HENRICKSONS and OLINS understand and acknowledge that because of the location of their respective properties , the Town cannot assure either of them that the amount of water which it furnishes pursuant to this Agreement will always or at any time be sufficient to meet the requirements of HENRICKSONS and OLINS , or either of them. HENRICKSONS and OLINS therefore release and hold the Town harmless from any claims or demands arising out of the failure of the Town , for whatever reason , to furnish water in sufficient amounts to them or either of them pursuant to this Agreement . 7 . Yearly Review. The parties agree to review the rates for water usage prior to the first day of July each year to determine whether the same should be adjusted for the ensuing twelve-month period . A similar review of Colorado -Big Thompson water conveyance requirements shall also be held at the same time to determine whether , based upon the amount of water used in the twelve-month period next preceeding the review , additional acre-foot units should he conveyed to the Town . B. Town Ordinances Apply. All Ordinances , rules , and regulations of the TOWN OF PLATTEVILLE applicable to water service shall be deemed to apply to and govern the relationship created by this Agreement , except where any provision hereof addressing a specific matter or issue may create an irreconcilable conflict , in which event such provision of this Agreement shall control . 9 . Beneficiaries . The covenants of HENRICKSONS and OLINS herein set forth shall be deemed to run with their - 3 - It 0987 REt.: 0' 5465 01 /25, B3 15 : 01 8.00 4/00(f) }.. ilia MARY ANN F E-t.JE:RS'I E IN CLERK & RECORDER WE:L.I} Co, CO respective lands , and the provisions of this Agreement shall inure to the parties , their heirs , successors , legal representatives , and assigns . of J I �, TOWN OF PLATTEVILLE , = , COLOg. DO 8 Y : k. - V ' C S - MAYOR ' ,ATTEST : , � t ct/ /r- all: Town 'Clerk t-cala/' 17-1L-c-e4A:ide,...3-t-4-) SHIRLEY F} RI KSON - ((:-.4 ,-, 4 ,-,L 12--1---t.-7t..A-eA .,,---Ir.„) VIRG1IA HENRICKSON 1► 1 / (l X11' (.~ J in 13_[ . 0,. ( L I:J IIRLEY(JA . OLIN RAY--r. OLIN • - 4 - 098 7 RUC 019 c: ,:.)r:'/83 1:: tr /006 F Iii 9 NARY ANN FEUERS'1'Iii::I:Pa CLERK & RECORDER IJIi:a...I) CO, CO STATE OF COLORADO ) COUNTY OF WELD ) The above and foregoing AGREEMENT FOR WATER SERVICE was acknowledged before me this /2/ day of December , 1982 , by /L 2_ � r / ,.r:/ .c..f< e , as Mayor , and GAYLE ORR , as Town Clerk , of the TOWN OF PLATTEVILLE , COLORADO , a Colorado municipal corporation . WITNESS MY HAND AND OFFICIAL SEAL . • " tinApmission expires : ,5 N�FI11!... / o.� Notary Pugilic i f 4 4 ( 4)a, 5"/ n.! c • Address of Notary Public r STATE OF COLORADO ) ss . COUNTY OF WELD ) The above and foregoing AGRMENT FOR WATER SERVICE was acknowledged before me this ,;Z / day of December , 1982 , by SHIRLEY HENRICKSON and VIRGINIA HENRICKSON . WITNESS MY HAND AND OFFICIAL SEAL . My Commission expires Aug. 18, 196s My commission expires : '.•1 �1U:1 -"<) / At" "( f.:/1,49 / Notar Public I(! t• ' al; �y to ' / iy ['ri [Ceiuc r('i, l"J f.J � {-/ Address of Notary Public STATE OF COLORADO ) ) ss . COUNTY OF WELD ) The above and foregoing AGREEMENT FOR WATER SERVICE was acknowledged before me this 029 0 day of December , 1982 , by RAY E . OLIN and SHIRLEY A . OLIN . WITNESS MY HAND AND OFFICIAL SEAL . My commission expires : My Commission expires Aug. 18, 191; .44(PC, U f< ' G ...... .. . W No<tary/Public , 6, o 3 -77ta. _�_� (e. _ /Jr O y,Pct try rC L LZ �x)a!-CJ L��I�1 Address of Notary Public - 5 - I 0987 REC: _ I915465 01 /25/03 15 : 01 $18.. 00 6/006 : i i ?(:I MARY ANN FEUI:fr fl:IN CL.ERI( & RECORDER WELD CO, CO MAP ATTACHED TO AND INCORPORATED BY REFERENCE INTO AGREEMENT FOR WATER SERVICES DATED 13 DECEMBER 1982 BETWEEN TOWN OF PLATTEVILLE AND SHIRLEY HENRICKSON, VIRGINIA HENRICKSON, RAY E. OLIN AND SHIRLEY A. OLIN. —LS Oa • i !41 l q r . u b^ O ku °. 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