HomeMy WebLinkAbout20010982.tiff WATER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of the 0- day of tiro— ,
hook , by and between the North Weld County Water District, acting by and through
the North Weld County Water District Enterprise (hereinafter "District"), and Brian
Hegwood, the developer of Owl Creek Acres PUD, (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 for the Development known as Owl Creek Acres PUD, and
WHEREAS, the Developer intends to develop more than three residential lots which
will require dedication of raw water pursuant to 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 agrees to furnish a customary supply of water for a total of
seven (7) residential water taps.
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.
2001-0982
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EXHIBIT
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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 (or that exclusively serve the Development) that will serve the
individual taps. The District must approve engineering and construction plans of all
water lines before construction. Once the District has approved the water line
construction and installation, in accordance with all District policies and engineering
requirements, the District will conditionally accept the water lines by issuance of a
conditional acceptance letter (see Exhibit "A"). One year after conditional acceptance
of the water lines, subject to final approval by the District, Developer shall dedicate
ownership of the water lines to the District. The Developer may use the Districts
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.
2.2 The District will be constructing offsite infrastructure enhancements. A
portion of these enhancements will be attributable to the Development and an
Infrastructure Enhancement Fee will be charged to the Developer. The final amount of
said Fee shall be $16,000.0° as determined by the District. Full payment of said Fee by
the Developer shall be made prior to commencement of construction of water lines that
will serve the Development, or the issuance of any residential building permit,
whichever occurs earliest.
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 proposed number of lots
within the Development times the Plant Investment Fee then in effect. Said payment
shall be a lump sum paid to the District prior to commencement of construction of water
lines that will serve the Development. No portion of the Plant Investment Fee shall be
returned or refunded once established by the District and paid by the Developer, even if
the number of lots in the Development is later decreased or unsold.
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2.4 Developer shall provide, dedicate and convey to District, Seven (7) units
of Colorado Big Thompson Project water or two (2) shares of the capital stock of The
North Poudre Irrigation company, being the "Raw Water Requirement" for this
Development as determined by the District being the amount of untreated water
necessary to service the Development. The transfer and conveyance of the Raw Water
Requirement must be finalized before water is supplied to the Development but not
later than one year from the date of this Agreement. The transfer and conveyance
must result in the District having full ownership or rights to the raw water and subject to
no liens or encumbrances of any type. In the event the raw water transfer or
conveyance has not been accomplished within the above stated time, this Agreement
shall be null and void and the District shall have no obligations or requirements of any
type hereunder. The transfer and conveyance of the Raw Water Requirement is a
condition precedent to the District being required to proceed under this Agreement.
Any sums paid or improvements by the Developer shall be considered as forfeited to
the District.
2.5 The Developer shall provide the District with security to secure the
installation and warranty of water lines for the Development during the one-year
conditional acceptance period. Said security (the Warranty Security) shall cover 25% of
all costs for construction of said water lines, which shall be released at the expiration of
the one-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.
2.6 During the one-year warranty 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 standards and shall be reviewed and approved by the District prior to any
repairs or maintenance being effected except in emergency situations.
2.7 Prior to water service being provided at or for any lot, the lot owner shall
be required to complete the District's tap application form in accordance with the
policies and procedures of the District at the time of any tap application.
ARTICLE 3
EASEMENT AND RIGHT-OF-WAY
3.1 As additional consideration for this Water Service Agreement, Developer
agrees to sign and execute the attached form Easement and Right of Way Agreement
(Exhibit "B") with the specific locations, widths, size of pipolino(s) and descriptions to be
determined all of which shall be satisfactory to the District, at its solo discretion. This
Agreoment 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
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ARTICLE 4
TERM
4.1 This Agreement shall be subject to the approval by Weld County of the
final plat of the Development or the withdrawal of the Development presently being
processed for consideration of approval by Weld County. If this Agreement is
terminated due to these reasons, the terms and conditions of this Agreement shall be
considered null and void.
4.2 This Agreement cannot be assigned by the Developer without the express
written approval of the District.
4.3 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.
eveloper"
Attest: NORTH W LD COUNTY WATER DISTRICT
Secretary Preside
"District" "Distr. t"
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this ¶fl day of � r , 20 co
by as Developer.
WITNESS by hand and official seal.
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My commission expires: �0\
1 a5 . ago a NOTA fqy cy,%
ors
• pVR . G J = Notary Public
STATE OF COLORADO) -'iN,grF�F CO�ORP`O`
) ss. 4pOunum�aa"°
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of -1 " c• , 20 0 LI
by ta o b "z A'•'' h`i c t,t' as Secretary of North Weld County
Water District.
WITNESS by hand and official seal.
My commission expires: R I a 5/a-c. oa
cCy o• 1 .��p�m
Notary Public
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BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT
GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE, CO 80646
ROBERTARNBRECHT
W.M. McKAY r ' DON POSSELT, DISTRICT MANAGER
CHARLES ACHZIGER - -
RALPH PRIOR - u P.O. BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997
e-mail: nwcwd@bwn.net
EXHIBIT "A"
(Date)
Brian Hegwood
2337 10th Street #C
Greeley, CO 80631
Re: Conditional Acceptance of Owl Creek Acres PUD
Mr. Hegwood:
North Weld County Water District hereby acknowledges that, as a result of visual
inspection, receipt of engineering documentation, construction, and installation of the
water lines at Owl Creek Acres PUD, all requirements have now been met for
conditional acceptance of the water system improvements as constructed for the Owl
Creed Acres PUD project located within the SW Y4 of Section 16, Township 6 North
Range 64 West of the 6th Prime Meridian, County of Weld, State of Colorado.
As of the date of this letter, a one year warranty period shall commence on the
subject water line improvements. The improvements are now also approved for service
upon completion of a tap application and payment of all fees, costs and expenses
and/or dedication of water, if required.
During the one year warranty period, any repair or maintenance of the
improvements shall be the responsibility of the developer. Please note that this
approval is for water line improvements only, which includes all delivery lines and lines
up to the meters. Individual water service from meters to each individual residence are
not the responsibility of the District. Furthermore, please note that such conditional
acceptance does not extend to any associated soils compaction. Final approval,
dedication and acceptance of these improvements is then projected for
District Manager Date Develop Date
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