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Home My WebLink About20041993.tiff MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, July 8, 2004, at 10:00 a.m., in the Conference Room of the Weld County Planning Department at 1555 N. 17th Avenue, Greeley, Colorado. Members Present: . Also Present: Kim Ogle, Sheri Lockman, Chris Gathman, Planners; Voneen Macklin, Secretary; Don Carroll, Peter Schei. Jerry Adams called the meeting to order. CASE NUMBER: PF-552 PLANNER: Kim Ogle APPLICANT: William & Delores Roberts LEGAL DESCRIPTION: Lots A and B of RE-2342; being part of the SE4 of Section 30, T6N, R66W of the 6th P.M., Weld County, Colorado REQUEST: Final Plat for a 10-Lot Planned Unit Development with 51+ acres Common Open Space LOCATION: South of and adjacent to CR 64-1/2; west of CR 27. For a more precise location, see legal. Kim Ogle, Department of Planning Services presented Case PF-552, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application. Don Somer, Qwest, asked where the high water line was located for lots 6-10 in relation to the property line. Adam Smith, Tetra Tech, there is one foot of free board on the lake then it goes fairly steeply into the lots. The high water mark is approximately 8 feet into the lots. Mr. Ogle suggested those numbers for all lots be placed on the plat for future reference. Cody Wooldridge, Central Weld Water District, moved to approve with the addition of the high water lines to make sure the utilities are not encroached upon. Don Somer seconded. Motion carried. Don Carroll, Public Works, asked if the drawings showed any future right of ways on CR 27 & CR 64 '/2. Mr. Schei stated it is shown on the plat for both roads. Mr. Carroll asked if the internal roadway is paved or gravel. Mr. Schei added the roadway is paved and maintained by the County. CASE NUMBER: PZ-613 APPLICANT: Cattail Creek Group, LLC PLANNER: Sheri Lockman LEGAL DESCRIPTION: Lot C of RE-2637; being part of the SW4 of Section 9, T6N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from A(Agricultural)to PUD for 8 lots with Estate Zone Uses and 1 lot with Agricultural Zone Uses along with 30.13 acres of open space. LOCATION: North of and adjacent to WCR 70 and approximately 800 feet east of WCR 29. Sheri Lockman, Department of Planning Services, presented PZ-613. The utilities are provided by North Weld County Water District, Xcel, Qwest along with septic systems and propane. There is a water agreement in place with North Weld along with letters from Xcel and Qwest. Don Carroll asked Mr. Schei if there is a request for additional right of way on CR 70? Mr. Schei stated (inaudible). Mr. Carroll asked about the status of the internal roadway. Ms. Lockman indicated it will be paved. Cody Wooldridge asked about the strip of open space on the top of lots 5-6 and if it will be designated as a utility easement? Todd Hodges, representative for the applicant, indicated that the easement can continue across the cul de sac to be continuous with the existing easement. 2004-1993 Jerry Adams suggested placing utility easement between the lot lines as 10' and 10'to be consistent. Sheri Lockman stated that on lot five and six, since they do not abut there will be only 10' on each side, will this be a problem. Mr. Adams indicated it would be fine. Don Somer, Qwest, asked if the road will be dedicated to the County. Ms. Lockman indicated it will be once it is built to County standards. Todd Hodges added that the applicant has entered into an offsite agreement that will cover their proportional share of paving CR 70. Cody Wooldridge moved to approve the plat with changes to include continuous utility easements between lot 5 &6 across the open space. Don Somer seconded. Motion carried. CASE NUMBER: MJF-1062 APPLICANT: JER, A Partnership PLANNER: Michelle Katyryniuk LEGAL DESCRIPTION: Lot B Hill-n-Park Subdivision; pt of the SW4 Section 26, T5N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: Hill-n-Park Third Filing. LOCATION: North of and adjacent to 49th Street and East of and adjacent to Yellowstone Drive. Sheri Lockman, Department of Planning Services, presented case MJF-1062. The City of Evans will provide sewer and water, Atmos Energy, Xcel Energy and Qwest. There is an agreement with the City of Evans. Doug Melby, Evans Fire, asked why there were no interior lot lines for the utilities. Bob Thomas, applicant, indicated the side lot lines easements were not shown because they were hoping to get variances on those. They did not want easements on every lot line, there are a few lots that are close in nature to the setbacks. Don Carroll, Public Works, asked if there is a requirement for curb and gutter, sidewalks to match the area. Mr. Thomas indicated there will be curb and gutter and sidewalks. Jerry Adams, Atmos Energy, asked what the side setbacks were on the lots. Mr. Thomas indicated they were five feet. Mr. Adams added the front and back setbacks were labeled as 10 feet not 15 feet. Ms. Lockman indicated that this is an R-5 Zoning and the setbacks between the mobile homes is 10 feet if they are placed end to end, 15 feet if they are placed length to length and 12 '/:feet if they are placed length to width. There shall be a minimum offset of 5 feet from the perimeter of the mobile home park so this is correct. Don Carroll asked for input from the utility companies on what they were comfortable with and how they could properly supply utilities to the lots. Mr. Adams stated they serve from the main street typically from the front, however, cable and telephone run in the back while electric runs in the front. There are not many that run down side lot utility easements. Mr. Adams would not like to preempt someone from obtaining utilities through the side easement to the front or back of the lot. Mr. Adams would like to see a five foot and five foot side easements. Cody Wooldridge, Central Weld Water District, indicated the only problem with the five foot on each side is if there is a need for a large line that width is not large enough to accommodate it. Mr. Wooldridge suggests a sign off block on the plat from the utility companies that are affected to find out if there is a need for additional easements. At that time the plat can be approved. Don Carroll asked if there would be enough room for utility easements with the curb/gutter and sidewalk? Mr. Thomas indicated there would be. Doug Melby, Evans Fire, asked what type of homes would be constructed? Mr. Thomas indicated they would be modular or stick built. Ms. Lockman indicated she would ask a building inspector and how they regulate this. Ms. Lockman indicated the building inspection is enforcing a 5 foot setback on lot line and 20 foot from the street. Cody Wooldridge moved to approve once the applicant obtains a sign off block on the plat indicating all utilities affected has no concerns or issues. Don Somer seconded. Motion carried. Ms. Lockman asked for clarification as to rather the Utility Board was wanting this case to be brought back before them or with sign off they can go forward. Mr. Adams indicated that was the case. CASE NUMBER: RS-1063 PLANNER: Michelle Katyryniuk APPLICANT: Beckles LLC, Martin, Gilchrist, Raben, Larson, Holman, Smith, McGurk, Weaver LEGAL DESCRIPTION: Lots 12-17 of the 1 t Addition and Lots 11 & 18 of the 2n°Addition of Johnson Subdivision; Pt NE4 Section 2, T5N, R66W LOCATION: Adjacent to B Street and North of 42nd Ave. Sheri Lockman, Department of Planning Services, presented case RS-1063. It is indicated in the application that the affected utilities are not applicable. Gene , applicant, provided some history on the project. In 1996 the western portion of B Street from 40th Avenue west had been vacated. The rest of B Street to the east was not vacated and that is what they are trying to get it done. The main reason for the vacation is to protect the integrity of the subdivision. When the Hill Subdivision in the City of Greeley was platted they wanted to open B Street up and the Johnson Subdivision neighbors objected. Don Somer, Qwest, asked what utilities were in the street. Mr.??? stated he does not know. There may be some sewer around 40th Ave Court, there is overhead electricity and phone but the gas is on the west side of Johnson Subdivision. Jerry Adams, Atmos, indicated that when something like this goes through the City of Greeley there is a letter that is given to the applicant so they can get sign offs from the affected utility companies. Sheri Lockman indicated the Board needs more information, there is no way this can go forward without additional information. This does need to be rescheduled before the board. There needs to be a list of the applicable utility companies. Don Carroll added that if B Street is vacated it will be taken off the County maintenance system. Mr. ????indicated that was understood by the HOA. Mr. Somer added the cost may be associated with the lots that are affected. Don Carroll added that the City of Greeley wanted to connectivity to Johnson Subdivision and Johnson Subdivision objected and was granted the closure of B Street to the east. The Hill Subdivision wanted inner connectivity but this was not granted. The applicants want to close that access into the subdivision. Mr.?? added this would vacate all of B Street. Sheri Lockman reiterated that more information needs to come from the applicant. If there is no easement in the road now there is no reason for retaining an easement. Jerry Adams, Atmos, stated that the applicant can call for a utility locate in the area to see what is there. The Utility Notification Center of Colorado is the office that needs to be contacted for this. Mr. Adams added that it is still a good idea to have those utilities sign off on the vacation. In the next presentation the plat with the sign off blocks would be a great benefit. Respectfully submitted, Voneen Macklin Secretary Weld County Planning Department GREET FY OFFICE JUN 1 7 200A RECE VED INITED POWER MEMORANDUM June 16, 2004 TO WELD COUNTY DEPARTMENT OF PLANNING SERVICES c/o Sherri Lockman, Planner FROM: Al Trujillo RESPONSE/RECOMMENDATIONS FOR NON-EXCLUSIVE EASEMENTS I I I I 1 1 1 1 1 1 1 I I I I I _ 1 I_ l l I l l l l I l I I l l l l NAME OF SUBDIVISION FILING RECEIPT OF NOTICE COMMENTS DUE 1 1 1 1 1 1 1 1 1 1 1 I I I I I l l l i5,121)441 1� 1 1 I I JUNE 1 1 1 1 1 CATTAIL CREEK P.U.D. N/A JUNE 15, 2004 JUNE 29,2004 I I I 1 1 1 1 1 1 1 1 I I 1 OUTSIDE I I I 1 1 1 1 1 I I I l r l l l SUBJECT PROPERTY LIES OUTSIDE OF OUR SERVICE TERRITORY. I I I I f I I 1 1 1 1 1 1 I 1 1 J I I I I I I I I l I l l l l l f l l Enclosed is a copy of our"Service Territory"boundary map. Please let me know if I can be of further assistance on this matter and thanks again for your help. I can be reached @ 303-637-1241. A CONSUMER OWNED UTILITY R70w CESW R68W A67LL, -.nccm I R65W , R64W 1 _ V V= = vV Va y- q � sJ Vc V 2 • f ; ; g ; 3 i l i ; i f i ) J i g g - V -J - ;. i 6 a 3 V^ 3 J -1 g Z 3 i ' -f T ■aflIr a ■■ 11 , A r . ! 4 lulult-nn.iiunrnlllyl'iil�� 11 nit 12 UNITED iII1[luL. J:hl ltu!S lIIn INIIIM alUt!alaUI■ , N POWER •URREE 'ar'mmr s rlrainwauuimMffaS =onus a,. i=MMli 1ar2.1 mi iati•►�II IIME '1SRUMENIII aifl e UNITED POWER, INC. l�l�lR EI16il,1 CIL"lil!!lii+ (Il IIilk Al ell�7ii EIMENii■ R'n 3 P.O. BOX 929 BRIGHTON, CO 80601 .■■�.�r nsEhi milia 1: �, N ,- a ��i��tt�Jii�ii� .� ih' iwl aiill■aMlar:'Ij•aua1hill!dual*■ A,. 18551 East 160th Avenue F s iuuu Eiji IMMIII=Ai,nsas naun IE_i_R_ u a Brighton, CO 80601 . . LINSEED IIh _IIIPMMI � IIL t�l®lll��ii®i�*11i i It .. ■ 303-659-0551 1-800-468-8809 r S Mw! ■■■■■.■.s1 IMIIIualal191i1.urnuuMIN Aa SL Jft OREM iQ ll■�!!lu t,!��uuMaLau iflS l all T • mrenss ENEM 1 ZlilEaiar iazM0l iuluuKI PP', .K. 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ZZZ lil [ .,.Ia::a IRL. ig,E�,W r.■ air*�ia�i n,��isui A-.K =NMI, cam .Ev- aMIMIE m_ �� . 74 v h smitili 1rri iii idzth21# 81 i■ISHiil UTERI Napo • .-.K 75 mr 1 �G t _ �rouran®■I%1�� g r ' ` i t li li ain tEr - 76 minamindurzaz ...:- 2 C ..g 1 a : i `� t rit n M ilk in hall S € 2 ggy�y�y p��y a rra �.....9... allnill ....... . - r 6 . 6 ₹ g g SCIll ..7:.• eR az•�n,r o Y 3 � 1 1 i S< t g � I i 0 ■ aamaaa f g g a '� - 21 g : g c i I I 1 =_ ' , a e a T . 53 . ` a R74W B 8 R73W R77W R71W - R701V R69W ,R68W R67W R66W• R65W" R64W R63W .i1 Will Serve Qwest Communications 25-May-0454950 PM 12121 Grant Street Room 301 Thornton,Colorado 80241 Mastriona,Donna R Tracking# 3250 SUBJECT: Telephone facilities to planned/proposed development. Attn: CATTAIL CREEK GROUP LLC f yr rz{4' F ..>. t r^ RCS:4 IMY S .'L .:! 5 J ) til .1..'lY inn - r� ri:tr_.�s.�_", '�aut§.fl�..r._ :r�}x., x:. :.F r,-sq'ns_. .rtP! t J 6; OLIN SHEPARDSON `t` 1 f ` t -..*� 'E "E rat ag—:1>�#t'`t t ,r. t' n r r i;, t i+ su.rt-t � .4 ,:ri. �� :.is v �,, <_. r.'.�r-}f..?+J. .y S�•.ie 1304 IMMIGRANT TRAIL P.O.BOX 980 WINDSOR CO 80550 ts� a -` " i t•. + t y., g e m a r-s c,. Y '� 1 t Fps-..ra.�.azatil 1970-227-1110 tee,-.,.... .. �`a=.c,,.....,t._..=. _ .g ';_7irx._.._. _..i?. . -n'G#.. .jm eira. ,.F . :;Y_._ . It,xs: -a Qwest will provide service to your planned/proposed developetnent: CATTAIL CREEK PUD � r -i -x- ai tc -x-.- M 4- i ,'t&- -,- i� =+ L l tt£. :� ' ,�-.�GCi ,I.��.'3-" ;k...+3.,-{«�c3^tip :�'sx,:;# 9 { 6N i 66w : 611(7, WELD J)-f 1 rtli,, n 7.1., "P^''` iti._, -.` trt f.:4p Provisioning the service will be in accordance with tariffs on file at the Colorado Public Utilities Commission.I will need a final plat with measurements,easements, addresses, your phasing plan, and a trench plan before I can have this engineered.If there are any further questions, or if I can provide any assistance,please contact me. x98x - & v Mastrione,Donna A (303)451.2390 (WA Coordinator) (Phone) Sincerely MF1Y 25 2004 15 : 12 FR XCEL ENE_R2Y 670 355 1224 TO B152.06530262 P . 01/01 Xcel Energy" PUBLIC SERVICE COMPANY 15009th Avenue Greeley,Colorado 90631 May 25, 2004 Messner Engineering 150 E.29th St.; Suite 270 Loveland, CO 80538 Dear Mr. Messner, The area in which the proposed Cattail Creek P.U.D. subdivision is to be located (See 09- T06N-R066W) is within the designated service territory of Xcel Energy. We are bound by the Public Utilities Commission of Colorado to serve all new customers within our designated service territories and will be happy to do so. Please be aware however, that in this service territory we provide electric only,not the natural gas. Duz to the high demand for new electrical installation work you will need to give us as much notice as possible for the power installation. Three to four months before you actually need service would be desirable. Sincerely, Larry E. Homan Planner—Design Greeley Operations 970-395-1238 ** TOTAL °fGE. 21 ** WATER SERVICE AGREEMENT (DEVELOPMENT/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 George DuBard, (hereinafter"Developer"),of Cattail Creek PUD,(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 Cattail Creek PUD;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'I WATER SUPPLY/FACILITIES 1.1 The District shall furnish a customary supply of water for a total of nine(9) individual residential water taps("Taps'). The District shall furnish 70%of an acre foot (228,000 gallons)of water per 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,necessary. 1.4 The District shall install and own a meter vault at each individual lot. ksat iosCitacna seserbAO�.rtos'IOdIOs ARTICLE 2 RESIDENTIAL TAP COSTS AND EXPENSES 2.1 The Developer shall pay the full portion of the construction for 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(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 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 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 Raw 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 will be constructing substantial offsite infrastructure enhancements including but not limited to constructing approximately 8,300-Lineal Feet of a minimum of 8"diameter waterline. Such line will be constructed from an existing 10"waterline in WCR 27&WCR 70 to the intersection of WCR 70&29,and thence to the entryway of Cattail Creek. The District will also make a connection to the existing 2- inch waterline within the intersection of WCR 70&29. 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 this development said fee shall be the sum of$195,00000 if paid on or before the 1"day of September,2004. If such sum is not paid by this last mentioned date,said sum shall be refigured by the District. Full payment of said Fee by the Developer shall be made prior to commencement of e‘omw.io.C.mncnakw.us.,.awom�+m-r on.rdoc l the Development or red nty day construction or to the ssuance of any Iresidential building permit,whicheverdoccurseearliest.(120) 2.5 The Plant Investment Fee for a minimum of three(3)taps shall be initially paid to the District in a single lump sum. The Developer will be responsible for making additional payments of the Plant Investment Fee in groups of two(2). Said payment shall be made prior to the issuance of any residential building permit or the installation of the water service(s),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 ifthe 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 refunded once established pursuant to this Agreement and the Development is for each now tap within the Development at the rate for Mileage Charges then in effect. The District has waived the Mileage Charge for this Development,due to the water distribution system enhancement through the payment of the off-site infrastructure enhancement fee in Paragraph 2.4. 2,7 The raw water requirement 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 initial raw water dedication shall be a minimum of three(3)units of CBT or equivalent shares of NPIC. Such water rights shall be dedicated to the District and payment of Raw Water Storage Fees shall be paid. The Developer will be responsible for dedication of additional Raw Water in groups of two(2)lots. Said dedication shall be made prior to the issuance of any residential building permit or the installation of the water service(s),whichever occurs earliest. -OR- The raw water requirement shall be met by payment of cash in lieu of the dedication of raw water. The initial cash in lieu fee shall be a single lump sum payment for a minimum of three(3)taps. The Developer will be responsible for making additional payments of the cash in lieu fee in groups of two(2). Said payment shall be made prior to the issuance of any residential building permit or the installation of the water service, 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. If the number of lots and/or taps increases beyond the number established in this Paragraph 2.7,Developer will pay the Cash in Lieu Fee for each new tap within the Development at the rate for Cash in Lieu Fee then in effect. 2.8 The Developer shall provide the District with security to secure the installation and warranty of water lines within the Development during the one-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 Districts tap application form,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,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 generally 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 the 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 provisions of this Article 3 and any other provisions or requirement deemed necessary by District,in its sole discretion. 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. Based upon the plans,the District has determined that Developer shall be required to install separate and dedicated Fire Facilities which are water lines and hydrants separate and apart from the water service lines that provide potable water to the residential taps within the Cattail Creek PUD Development. If Developer is unable to provide adequate or completed plans at this time,the District,in its sole discretion, may subsequently require the Developer to install such separate and dedicated Fire Facilities prior to final approval and submission and/or recording of any final development plan. 3.4 Upon final approval of the plans and designs 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 v>srei":;mic.aiC 'W.asmicAv naa-1caw. approval of the installation of all such fire facilities by District,County and FPD,District will thereafter assume the responsibility for 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 Cattail Creek 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 Cattail Creek PUD Development,and which shall constitute a first and prior lien upon all lots and property in said Cattail Creek PUD Development. 3.5 As a consideration for this Agreement,Developer releases District from any and all liability or claims that may be made against the District concerning lack of water,pressure,maintenance,etc. 3.6 My 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 3.4 ARTICLE 4 EASEMENTS AND RIGHTS-OF-WAY 4 -Ac additional consideration for this Water Service Agreement,Developer agrooc to sign and execute the attached form Easement and Right of Way Agreement (Exhibit 131 with the specific locations,widths,ciao of pipolino(c)and descriptions to be determined all of which shall bo satisfactory to tho District,at its solo discretion. This Agreement is conditional upon execution and recording of tho Easement and Right of Way Agreement,and until ouch Eacement and Right of Way Agreement is finalized to services of any typo, • • Agreement. Said plane and plate must ho approved by tho Dictrict prior to any final approval by any governmental authority. ARTICLE S MISCELLANEOUS 5.1 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 September,2004,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 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. My costs or expenses the Developer occurred pursuant to Articles 2.1 and 2.4 shall not be entitled to a refund of any amount. 5.2 This Agreement cannot be assigned by Developer without the express written approval of District. 5.3 This Agreement shall inure to and be binding upon the parties hereto and their heirs,executors,personal representatives,successors and assigns. r ,rotnmrci.aw+,.sc+oMamailm Iu.4).+s IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first above written. DEVELOPER: By: DISTRICT: ATTEST: NORTH WELD COUNTY WATER DISTRICT ri,4-1 By' :� - presider5f C �� Secretary STATE OF COLORADO )ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 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 l o' day of s�oo`t by CJ.i-��s A.cl.*.-,rite" as President and Jol-n -11 Sd,i.scw. as Secretary of North Weki County Water District. Witness my hand and official seal. My commission expires: o t;I y-`+I o c- _ _ m ►�. ��EEN Mcc Notary Public -1.tIOTARyF`. PUBLIC P:\Sabdi.sons'CmuK1xL\WyrSemccAgceroay03-10-01 doc BOARD OF DIRECTORS NORTH WELD COON FY WATER DISTRICT GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE, CO 80646 ROBERT ARNBRECHT CHARLES ACHZIGER DON POSSELT, DISTRICT MANAGER RALPH PRIOR JOHN JOHNSON P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997 e-mail: water@nwcwd.org May 10, 2004 Todd Hodges Design, LLC 1269 North Cleveland Ave. Loveland, CO 80537 Re: Cattail Creek PUD—Construction Meter for Landscape Trees North Weld County Water District can and intends to provide a construction meter that will provide up to 20 gpm to be utilized for the landscape (Open Space) area within the Cattail Creek PUD. The water provided can be used for watering of trees, shrubs, and grass. The District will set a permanent style construction meter pit for the watering of the open space. The District will allow such construction meter to be in place for three (3) years after which the District shall remove the meter and pit. If water is still needed for irrigation after the three (3) year period, the District will give the Developer the opportunity to retain the water service. To retain such service, the Developer will be responsible for purchasing all .— related fees for a permanent service. Such Tap Fees will be at the then in effect rates. The cost for installation and removal of the construction meter shall be $1,700.00, and is non- refundable. The cost for water will be at the then in effect construction water rate (currently$10.00 per 1,000 gallons). The construction meter will be read and billed monthly as appropriate. If you have any questions, you can contact me at the office (970) 356-3020. Alan Overton North Weld County Water District P:\Subdivisions\CattailCreek\Construction W ater(05-10-04).doc Hello