HomeMy WebLinkAbout20022380 FROM : FAX NO. : Dec. 13 2001 07:37RM P1
WATER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of the 22nd day of October, 2001,
by and between the North Weld County Water District, acting by and through the North
Weld County Water District Enterprise (hereinafter "District"), and Bruce R. Griffith, the
developer (hereinafter "Developer") of Griffith Minor Subdivision, (hereinafter
"Development").
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 Griffith Minor Subdivision, and
WHEREAS, the 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 a customary supply of water for a total of five (5)
residential water taps. The District shall furnish 70% of an Acre-Foot (228,000 gallons) of
water per tap per annual water year.
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
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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 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 final 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. 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 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 residential 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. If the total fees, expenses and
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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.
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 final amount of said Fee shall be $2,000.0°. 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.
2.5 The Plant Investment Fee shall be the sum of current Plant Investment
Fee times the platted and approved number of lots in this development being five (5)
total. The Plant Investment Fee as determined pursuant to this Paragraph 2.5 shall be
$30,000.00 and said sum shall be paid by Developer to District in a single lump sum on
or before the 1st day of June, 2002. If Plant Investment Fee is not paid by this date,
this Water Service Agreement shall be deemed null and void and the District shall be
entitled to keep, as liquidated damages, any sums or fees previously paid by
Developer. No portion of the Plant Investment Fee shall be returned or refunded once
established pursuant to this Agreement 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 Also, Developer shall pay the Mileage Charge for each tap in the
Development The Mileage Charge per tap for this Development is determined to be
$8,750.00 and said sum shall be paid to District by Developer in a single lump sum on
or before the 1st day of June, 2002. If the mileage charge is not paid by this date, this
Water Service Agreement shall be deemed null and void and the District shall be
entitled to keep, as liquidated damages, any sums or fees previously paid be
Developer. No portion of the Mileage Charge shall be returned or refunded once
established pursuant to this Agreement 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 Paragraph 1.1, 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 or raw water. The cash in lieu fee for this Development shall be the total
sum of$50,000.00 if paid on or before the 30th day of November, 2001. If such sum is
not paid by this last mentioned date, the cash in lieu charge shall be paid as part of the
tap application as provided in Paragraph 2.10. The cash in lieu sum due at the time of
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the tap application shall be in accordance with the cash in lieu fee as established by the
District and in effect at the time of the tap application.
2.8 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.
2.9 During the one-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, pay the Meter Fee, and pay any remaining fees, expenses and charges, if
any (such as cash in lieu), 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 Ac additional consideration for this Water Service Agreement, Developer
agrees to sign and execute tho attached form Easement and Right of Way Agreement
(Exhibit "B") with tho specific locations, widths, size of pipeline(s) and descriptions to be
determined all of which shall be satisfactory to the-District, at its sole discretion_ 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
cervices of any type.
3.2 In addition to execution of the attached Easement and Right of Way
Agreement, any plats submitted for approval to any governmental authority shall
provide and indicate the location of the easements and rights of way as provided in this
Agreement. Said plans and plats must be approved by the District prior to any final
approval by any governmental authority.
ARTICLE 4
�-` TERM
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4.1 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 1S`
day of December, 2002, 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 90% of costs and expenses paid pursuant to
Article 2. The 10% retention by the District shall be considered as administrative
expenses.
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.
1S—_\_____ 2
" Developer
DISTRICT:
Attest: NORTH ILD COUNTY W TER DISTRICT
9
idegtavized* . et e4
Secretary Pre ident
"District" "District"
STATE OF COLORADO)
)ss.
COUNTY OF WELD ) ,N.N.NN I
p&p J. Ct•4' 1 3 day of DC(t° bP#r , 20
The foregoing instrument was ppwledge+ :1•��'1 me this (Vl
by ll J((tip{f F Gl .(3y7 f S.vt`9TARY':s Itg as Developer.
V
WITNESS by hand and offici /i a'AUBLIC t I
My commission expires: M C ----
44,% OF...i•C p
Nov. 19,20u4 e rlai oP-4\._.
c
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
The foregoing instrument st (( was acknowledged before me this I 0 day of �,20a
by &L 2 &rvYipdw� ,cy. �,;: as Secretary of North Weld County
Water District. m_• -14cf -.:cY:y
WITNESS by hand and official seal. '
PUP LIC ,:
My commission expir • •- . .._..0:93,. .,
�5y Commission Ex 0;; y .
Nov. 19, 200S -sus rP.A ' f�(�
ry ublic
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EXHIBIT "A"
(Date)
Name
Address
Re: Conditional Acceptance of
Developer:
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 , all requirements have now been met for conditional
acceptance of the water system improvements as constructed for the
project located within the ** % of Section **, Township * North, Range ** West of the 6th
Prime Meridian, County of , State of Colorado.
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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 Developer Date
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Watts Well 97O 4O7 1893 P• l
Form No. OFFICE.OF THE STATE ENGINEER
Gws-25 COLORADO DIVISION OF WATER RESOURCES
St B Centennial Bldg.,1313 Sherman St.,Denver,Colorado 80203
(303)866-3581
LIC
WELL PERMIT NUMBER 227585 -
APPLICANT DIV. 1 WD 1 DES. BASIN MD
APPROVED WELL LOCATION
WELD COUNTY
BRUCE GRIFFITH SW 1/4 SW 1/4 Section 32
C/O GNC WATER WELL SERVICE Township 8 N Range 66 W Sixth P.M.
124NHWY287
FT COLLINS,CO 80524- DISTANCES FROM SECTION LINES
1300 Ft.from South Section Line
(970)484-6006 894 Ft.from West Section Line
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material Injury to existing water rights. The issuance of this permit
does not assure the applicant that no Injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shag be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval
of a variance has been granted by the Stale Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
r'` 3) Approved pursuant to CRS 37-92-602(3Xb)(IIXA)as the only well on a tract of land of 40.00 acres described as the SW
1/4,SW 1/4,Sec.32,Twp.8 N,Rng.66 W,Sixth P.M.,Weld County.
4) The use of ground water horn this well is limited to fire protection,ordinary household purposes inside not more than
three(3)single family dwellings,the irrigation of not more than one(1)acre of borne gardens and lawns,and the watering
of domestic animals.
5) The maximum pumping rate of this well shall not exceed 15 GPM.
6) The return flow from the use of this well must be through an individual waste water disposal system of the
non-evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
8) This permit has been approved for a well to be located on a 40 acre tract of land known as the SW 1/4 of the SW 1/4,Sec.
32,Twp.8N,Prig.66W,pursuant to phone conversation on July 24,2000,modifying Items 4 and 5C on the well permit
application form. You are hereby notified that you have the right to appeal the issuance of this permit,by filing a written
request with this office within sixty(60)days of the date of issuance,pursuant to the State Administrative Procedures Act.
(See Section 24-4-104 through 106,C.R.S.) gr74///ao
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APPROVEDEEM 4€ . ' eK / ,/5i( '
State Engineer SY
,Receipt No.046.3749 DATE ISSUED MI6 01 200) EXPIRATION DATE AUG 0 1 2002
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WATtR SUPPLY INFORMATION SUMMAh.
Section 30.28.133.14 C.R.S. requires IS the applicant submit te the County.Adequate evidence that a water supply that
is sufficient it temp of quantity,quaky and depwtdabity wet be available to ensure an adequate supply of water.
1. NAME OF DEVELOPMENT AS PROPOSED
Griffith Minor Subdivision
2. LAND USE ACTION Change of Zone Application
3. NAME OF EXISTING PARCEL AS RECORDED Part of the SW1/4 of Sec 32, T8N, R66W of the 6th PM, Weld, CO
SUBDIVISION NA RUNG NA BLOCK NA LDT NA
4. TOTAL ACREAGE 80.318 5. NUMBER OF LOTS PROPOSED 5 PUT MAP ENCLOSED ■YES
B. PARCEL HISTORY•Please attach copies ef deeds, plats or ether evidence or docuinentatfoa.
A.Was parcel recorded with county prior to June 1, 1972?■ YES 0 NO
B. Has the parcel ever been part ef a division of land action since Juno 1, 1972? 0 YES ■NO
If yes, describe the previous action
7. LOCATION OF PARCEL•Include a map dhGniating the project area and tie to a section throw.
1/4 OF SW 1µ SECTION 32 TOWNSHIP 8 ■N ❑ S RANGE 66 ° H ow
■ W
PRINCIPAL MERIDIANz ■8TH O N.M. O UTE O COSTILLA
8. PLAT• Location of all well on property must be plotted and permit numbers provided.
Surveyors plat ■Yes ❑ No If not,scaled hand drawn sketch ❑ Yes ❑ No
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9. ESTIMATED WATER REQUIREMENTS-Wen per Day or Aare Feat per Year 10. WATER SUPPLY SOURCE _
■ EXISTING 0 DEVELOPED I ❑ NEW WELLS •
WELLS SPRING gw soesw.nsau arm
HOUSEHOLD USE I 5 of units 1750 GPO AF WELL PERMIT NUMBERS , yw o sauna. arm swan
227585 I 0 Nam emwse CLOWN WANDt O toss IMO O Uasuu m ints
COMMERCIAL USE# NA of S.F. NA GPO AF ' C otWrN C poets
C one
IRRIGATION/ 0 of acres NA GPO AF
STOCK WATERING #240 of head 4800 GPO AF O MUNICIPAL
O ASSOCIATION I WATER COURT DECREE CASE NO.'S
OTHER NA GPO AF O COMPANY• d I
TOTAL 6550 GPO AF NAME County RICT North l
County Water Dist
LETTER OF COMMITMENT FOR
SERVICE ■YES ❑ NO
11. ENGINEER'S WATER SUPPLY REPORT O YES • NO IF YES, PLEASE FORWARD WITH THIS FORM.Iytii may be whine balm ear NSW re amphtaa.
12. TYPE OF SEWAGE DISPOSAL SYSTEM
• SEPTIC TANKILEACH REID 0 CENTRAL SYSTEM •DISTRICT NAME
❑ LAGOON O VAULT•LOCATION SEWAGE HAULED TO
❑ ENGINEERED SYSTEM (Attie a cry el opewiq dale) O OTHER
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