HomeMy WebLinkAbout20050726.tiff ACCOUNT NUMBER NAMr~t SERVICE ADDRESS BILLING PERIOD
GARY & JUDY HARKLESS
3058001 33439 WCR 37 10/25/2004 - 11/22/2004
EATON, CO 80615
Prev.Read Curt.Read Usage Unit Amount
Previous Balance 33.75
11/09/2004 Payment - 33.75
11/22/2004 Standard Tap 231 250 19 kGal 42.75
Current Amount 42.75
Total Amount Due 42.75
Effective January 1, 2005 water rates will be $2.40 per Kgal. 10K or less will be a minimum billing of$24.00.
Allocation surcharge will be reduced to$.10 per Kgal.
30
70% of 1.000 Acre Foot 228 kcal
15 Transferred Water J 0 kcal
Allocation Adjustment 0 kGal
Less YTD Usage 19 kGal
Remaining Allocation 209 kGal
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
NORTH WELD COUNTY WATER DISTRICT - P.O.BOX 56,33247 HIGHWAY 85,LUCERNE,CO 80646 • PH:970356-3020 • FAX:970395-0997 • E-MAIL:water@nwcwd.org
Board of Directors: Charles Achziger,Ralph Prior,John Johnson,Nels Nelson,CE Buck Rinehart Manager Don Posselt
r
•
2005-0726
BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT
GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE, CO 80646
ROBERT ARNBRECHT p
CHARLES ACHZIGER6 F_� DON POSSELT, DISTRICT MANAGER
,ALPH PRIOR
JOHN JOHNSON P.O. BOX 56 • PHONE (970)356-3020 • FAX(970)395-0997
e-mail: water wcwd. rg
March 15, 2004
I el t ning Department
Gary Harkless
�p
11GR ELY 0aICE
Genesis Construction (7)(\1'4.
DEC 32004
33439 WCR 37 0
Eaton, CO 80615
V) RECEIVED
Re: Subdivision of Parcel#080513000036 V
North Weld County Water District is able and intends to serve e proposed 8 Lots,located in a portion of the
SE '/a of Section 13, Township 6 North,Range 66 West, of the 6th Prime Meridian.
The District can provide water service and 300 gpm fire flows with a residual pressure greater than 20 psi. In order
to provide such flows the Developer will have to extend an 8-inch waterline from Hwy 392 and WCR 37 to the
Development. It shall be determined at a later date as to the specifics of constructing such waterline.
The costs associated with water service shall be the current Plant Investment Fee per Lot prior to water being
supplied to the subdivision. The Water Mains serving the subdivision shall be paid for and constructed by the
Developer, according to the District's Standards and Specifications. Raw Water shall be transferred to or
,-.purchased through North Weld County Water District before an individual tap will be set.
Refer to the following Table for the costs of the associated Fees at the present time. All Fees and Requirements are
subject to change without notice,therefore; it is recommended to keep in contact with the District periodically for
updated costs and requirements.
Fees and Cost Time of Payment
Requirements (as of March 15,2004)
Off-Site Infrastructure 'Developer Responsibility Date To Be Determined
(Estimated-$35,000)
Fire Flow Fee $N/A N/A
Plant Investment Fee $60,000 ($7,500 per Lot) Date To Be Determined
Distance Fee $38,400 ($4,800 per Lot) Date To Be Determined
Raw Water Requirement $96,000 ($12,000 per Lot) Before Individual Meters will be Set
Meter Set Fees Approx. $8,000 (At Cost,per Lot) After Individual Meters have been Set
Total Fees Cost per Phase
Total Cost for 8 Lots with 300 gpm Fire Flow $202,400 $48,600 *
*Cost does not include the off-site and internal waterline to be constructed for the Development.
It is the Developers' responsibility to have the internal water mains designed by an engineer,and such designed
plans shall be approved by the District. The District estimates that such waterline construction will cost the
developer an additional $50,000. When the Developer is ready to proceed,the District and the Developer will
r— enter into a legal Water Service Agreement.
If you have any questions,you can contact me at the office(970)356-3020.
Alan Overton
North Weld County Water District
P:\Subdivisions\Harkless WCR37&Hwy392\Intent300gpm(03-15-04).doc
WATER SERVICE AGREEMENT
(FAITH ESTATES MINOR SUBDIVISION - SINGLE SYSTEM)
THIS AGREEMENT is made and entered into as of the day of
, 2004, by and between the North Weld County Water District, acting by
and through the North Weld County Water District Enterprise (hereinafter "District") and
Gary Harkless, (hereinafter "Developer"), of Faith Estates Minor Subdivision,
(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 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 Faith Estates Minor
Subdivision; and
WHEREAS, Developer intends to plat and/or develop 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 shall furnish Development a customary supply of water for a
total of nine (9) individual Single-Family residential water taps ("Taps"). Lot 6 will be
supplied water from an existing service, account number 3058001. The District shall
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.
ARTICLE 2
RESIDENTIAL TAPS
2.1 The Developer shall be responsible for payment of the total cost of the
construction for Water Lines within the Development (or Water Lines that exclusively
serve the Development) that will serve the individual taps. 'Water Lines", means all
lines which carry water within the Development to the meter vault(s).
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 property
owner, and for which the District has no responsibility or liability.
The District must approve engineering and construction plans of all Water Lines
before construction. Once the District has approved the final Water Line construction,
the District will conditionally accept the Water Lines by issuance of a conditional
acceptance letter (see Exhibit "A"). Two years 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 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.
2.2 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 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.
2.3 Pursuant to this Agreement, the fees, expenses and charges for a water
tap consist of (1) Infrastructure Enhancement Fee as determined in Paragraph 2.4; (2)
raw water or cash in lieu as provided in Paragraph 2.7; (3) Plant Investment Fee as
provided in Paragraph 2.5; (4) Mileage Charge pursuant to Paragraph 2.6; and (5)
Meter Fee as provided pursuant to Paragraph 2.10. 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 being required to provide
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 or any improvements made by the Developer shall be considered as
forfeited to the District as liquidated damages as accurate calculation and determination
of damages would not be possible. The District requires that the (1) dedication of raw
water or cash in lieu as provided in Paragraph 2.7; (2) Plant Investment Fee as provided
in Paragraph 2.5; (3) Mileage Charge pursuant to Paragraph 2.6 requirements be
fulfilled in conjunction. After the raw water dedication or cash in lieu, the Plant
Investment Fee and the Mileage Charge have been dedicated and/or paid, the
Developer or Lot Owner will have up to one year to have the meter set. Once the meter
has been set or after one year of the payment and/or dedication of water, Plant
Investment Fee and Mileage Charge, the District shall begin billing the Developer or Lot
Owner a minimum monthly charge as established by the District and in effect at the
time.
2.4 The District may be constructing substantial 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 Infrastructure Enhancement Fee shall be solely determined by the District, and for
P:\Subdivisions\FaithEstatesMinor,WaterServiceAgreement(10 27 04).doc
this Development said fee shall be the sum of$4,300.00. A portion of this payment
determined to be $215.00 of said Fee shall be paid by the Developer and payment shall
be made upon execution of this Agreement and the remainder $4,085.00 of said Fee 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. The Infrastructure Enhancement Fee, as established in this Paragraph 2.4 is
non-refundable. The District will provide connection, including an eight (8") gate valve,
to the existing waterline located at the intersection of Hwy 392 and WCR 37.
In addition to the Infrastructure Enhancement Fee, the Developer will be required
to construct a waterline from the Districts' existing waterline located within the
intersection of Hwy 392 and WCR 37 to the Developments main entry. Said waterline
shall be eight inches (8") in diameter, approximately 2,300-feet in length and will include
but not be limited to isolation valves, pressure air release vault(s), a bore with casing
under the Greeley No. 2 Irrigation Ditch, and fire hydrant(s) or flushing device(s).
For the installation and construction of this new waterline, Developer will provide
to District professional engineered plans with all specifications which District will review
and approve prior to commencement of construction. Once the District has approved
the plans, Developer will commence construction which will be subject to review and
inspection by District to insure that all specifications and requirements of District are
met.
The District reserves the right to oversize such waterline. The Developer shall
inform the District sixty (60) days in advance before executing a contract to construct
the waterline hereinafter "Notice to Proceed". The District shall then have until the
Notice to Proceed date to agree to participate with the Developer to oversize the
waterline. The District shall pay for the increase of costs for parts and materials for
such oversizing. Additionally the District will pay for additional labor costs, such
payment shall be $0.50 per foot per inch of increased diameter of the waterline. For
example increasing from 8" to 16" would be $4.00 per foot for increased labor costs plus
the additional cost of materials.
2.5 The Developer will be responsible for making payment of the Plant
Investment Fee in groups of two (2) water taps. 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 lump sum
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
established in this Paragraph 2.5, Developer will pay the Plant Investment Fee for each
new tap within the Development at the rate for Plant Investment Fees then in effect.
2.6 The Developer will be responsible for making payments of the Mileage
Charge in groups of two (2) water taps. Said payment shalt be made prior to the
issuance 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
established by the District and in effect at the time of the lump sum payment. No
portion of the Mileage Charge 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 established in this
Paragraph 2.6, Developer will pay the Mileage Charge for each new tap within the
Development at the rate for Mileage Charge then in effect.
2.7 The raw water requirement shall be met by payment of cash in lieu of the
dedication of raw water. The Developer will be responsible for making payment of the
P:\Subdivisions\FaithEstatesMinor\waterServiceAgreement(10 27 04).doc
cash in lieu fee in groups of two (2) water taps. Said payment shall be made prior to the
issuance of any residential 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 the lump sum payment.
2.7.1 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
single family residence on one lot shall be the dedication of at least one (1) Unit of
Colorado Big Thompson (CBT) project water per Lot, or at least one (1) share of North
Poudre Irrigation Company (NPIC) stock for every four (4) Lots. In addition to the
dedication of the water rights, the Developer shall be responsible for a Raw Water
Storage Fee. 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 water
rights. The District requires that a minimum of two (2) lots receive water dedication.
The initial raw water dedication shall be two (2) units of CBT or one-half (Yz) share of
NPIC.
2.8 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.
2.9 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
the District prior to any repairs or maintenance being effected except in emergency
situations.
2.10 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 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 Weld County. Developer understands that
District is not responsible for compliance with any such FPD or County requirements
and such requirements are the sole responsibility of Developer, FPD and/or 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.
3.2 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.
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3.3 Developer shall provide to the District, FPD and 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, County
and/or FPD.
3.4 Upon final approval of the plans and design by District, County and FPD,
Developer shall be responsible for installation of the same 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, 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 Saddler PUD 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 Saddler PUD
Development, and which shall constitute a first and prior lien upon all lots and property
in said Saddler PUD 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 facilitie§. 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 approval of this Development must make reference to the
responsibility of the property and owners concerning expenses of maintenance and
repairs for the fire facilities pursuant to Paragraph 4.4
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 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 6
MISCELLANEOUS
6.1 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, 2006, this Agreement can then be terminated by Developer and the
same shall be considered null and void. Notwithstanding any language to the contrary,
Developer shall be entitled to a refund of 98% of costs and expenses paid pursuant to
P:\Subdivisions\FaithEstatesMinor\WaterServiceAgreement(10 27 04).doc
Article 2.5, 2.6 and 2.7 if such refund is applied for within one year of the payment made
to the District. The 2% retention by the District shall be considered as administrative
expenses. Any costs or expenses the Developer incurred pursuant to Articles 2.1 and
2.4 shall not be entitled to a refund of any amount.
6.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
6.3 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:
(Print Name) (Print Name)
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By: By:
Secretary President
STATE OF COLORADO
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2004, by
Developer.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of
, 2004, by
as President and as Secretary of North Weld
County Water District.
Witness my hand and official seal.
My commission expires:
Notary Public
PASubdivisionsTaithEstatesMinonWaterServiceAgreement(10 27 04).doc
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