HomeMy WebLinkAbout20001019.tiff WATER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of the )3 day of t l CLFmbt4
letClr1 , 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.
Parsons, the developer of Skylark Ranch, (hereinafter "Developer").
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, 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 and
distribution of potable 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; 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 Developer
as follows:
ARTICLE 1
WATER SUPPLY / FACILITIES
1.1 The District agrees to furnish an adequate supply of water for a total of 5-five
taps and fire flows.
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.
2000-1019
1 < .:
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 opinion of the District necessary.
1 .4 The District shall install and own a meter vault at each individual lot.
ARTICLE 2
COSTS AND EXPENSES
2.1 The Developer shall pay the full portion of the construction of water lines
within the development that will serve the individual taps. The District must approve
engineering and construction of water lines. Once the District has approved the water
line construction the District shall obtain ownership of the water lines. The Developer
may use the Districts existing water lines to serve the individual taps, if the District
approves that the line is accessible and has available capacity to serve the
development.
2.2 The Developer shall pay the appropriate portion of any line extension
needed to deliver water to the development (See Exhibit A). The Developer shall meet
all requirements of the District as specified in Exhibit A.
2.3 The Developer shall also be required to pay the Plant Investment Fee
portion of the "tap fee" which shall be determined by the # of lots within the
development times the Current Plant Investment Fee. The Plant Investment Fee shall
be the rate that is in effect at the time payment is made. This amount shall be paid
before construction of water lines will commence. The plant investment fees are
applied to each lot in the development and are non-refundable and non-rebateable.
Refer to the Board of Directors' June 14`h, 1999 Resolution.
2
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written.
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" Developer"
Attest: NORTH WELD COUNTY WATER DISTRICT
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(14 476,4
z5.C.:-- President /
"District" "District"/
STATE OF COLORADO)
) ss.
COUNTY OF WELD )
C'
The foregoing instrument was acknowledged before me this 73 day of i i i .',//-n)---,, 19
by
as Developer.
WITNESS by hand and official seal.
My commission expires: n b C V7 ireit%
Notary Public
STATE OF COLORADO)
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this •' -� day of idcl"'r,L.-1“- , 19 91
r.ec,sc(fec
by Chat-it, [ZGhjLw as Set,retaly of North Weld County
Water District.
WITNESS by hand and official seal.
My commission expires: Cr) ≥5)2C°:
1 C.h rLL, L ;� "n1),) cn'
Notary Public
3
EXHIBIT A
North Weld County Water District shall provide water service to the development, after
approximately 7,000-feet of 8-inch diameter transmission line is constructed by North
Weld County Water District. The Developer shall be required to pay a participation cost
of S15,600 for such line. The participation cost is based on 800-feet of 6" line to provide
water service and fire flows to the subdivision & the cost of constructing 4 fire hydrants:
• 800-feet of 6" line 59,600
• 4 fire hydrants $6,000
• [lO1'AL TI5,60
Participation costs must be paid for,before a meter will be set within subdivision.
In addition North Weld County Water District will transfer existing water tap #11451
from the location of 7521 E. Hwy 14 to Lot 5 of the Skylark Ranch Subdivision. 'The
developer shall be responsible for the cost of materials and labor to move such meter. (A
new tap will have to be purchased for the property at 7521 E. Hwy 14.)
The Developer shall provide an easement, for North Weld County Water District. The
easement description will be determined to provide access for a water line construction
across the development.
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