HomeMy WebLinkAbout20031824.tiff WATER SERVICE AGREEMENT
(DEVELOPMENT/SUBDIVISION - SINGLE SYSTEM)
THIS AGREEMENT is made and entered into as of the 24th day of June, 2002
by and between the North Weld County Water District, acting by and through the North
Weld County Water District Enterprise (hereinafter "District") and Harold Buxman,
(hereinafter "Developer"), of Buxman Estates, (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 Buxman Estates; 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 a customary supply of water for a total of eight (8)
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.
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.
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2003-1824
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.
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"). 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
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.
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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
this development said fee shall be the sum of $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 $6,500.00 times the platted
and approved number of lots in this development being eight (8). The Plant Investment
Fee as determined pursuant to this Paragraph 2.5 shall be $52,000.00 and said sum
shall be paid by Developer to District in a single lump sum on or before the 1St day of
July, 2003. If the Plant Investment Fee is not paid by this last mentioned 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
$31,200.00 and said sum shall be paid to District by Developer in a single lump sum on
or before the 1st day of July, 2003. If the mileage charge is not paid by this last
mentioned 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 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 of raw water. The cash in lieu fee for this Development shall be the total sum
of $80,000.00 if paid on or before the 1st day of August, 2002. 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 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 for this Development.
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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 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 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.
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ARTICLE 4
EASEMENTS AND RIGHTS-OF-WAY
4.1 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 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
services of any type.
4.2 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 5
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 July, 2003, 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.
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.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written. -- I
DEVELOPER: 4lr"< Lp C. `11/X/4Ar4
By: 1� U /i.0 c -�yri4-4 .
DISTRICT:
ATTEST: L NORTH WELD COUNTY WATER DISTRICT
Br , r�ti�1G7 By:
Secretary Pr sident
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this /0 day of
C , , by /1-e-r- IA C. nvw,.)
Dev4loper.
Witness my hand and official seal.
d-4-2 sty- =y
N��ry P li My cornrhissio e expires:
1
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this I om day of
q , , by Gary Simpson as President and Robert
Arnbrecht as Secretary of North Weld County Water District.
Witness my hand and official seal.
0<cct.ti Pal "o
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3 NOTARY ':. C>,
�•••• Notary Public My commission expires: o 8-"3-41-°3'
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BOARD OF DIRECTORS NORTH WELD CC JTY WATER DISTRICT
GARY SIMPSON s' 33247 HIGHWAY 85 - LUCERNE, CO 80646
ROBERTARNBRECHT
CHARLES ACHZIGER y ,.,. 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
June 6,2002
AgPro Environmental Services,LLC
Robb Casseday
4311 Highway 66, Suite 4
Longmont, CO 80504
Fax: (970)535-9854
Re: Buxman Estates
North Weld County Water District is able and intends to serve the proposed 8 Lots in Buxman Estates,
located in the W 'A of the SW 'A of Section 21,Township 6 North,Range 66 West, of the 601 Prime Meridian.
The costs associated with water service shall be the current Plant Investment Fee per Lot prior to water being
supplied to the subdivision or phase of subdivision. If the subdivision is completed in phases,the Districts' Board
of Directors must approve the staging of Plant Investments. The Water Mains serving the subdivision shall be paid
for and constructed by the Developer, according to the Districts' Standards and Specifications. Raw Water shall be
purchased through North Weld County Water District before an individual tap will be set. The Raw Water Cost
may be paid by the developer, or by the individual lot owner.
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
Off-Site Infrastructure N/A After County Approval,Before Construction Begins
Fire Flow Fee $25,000 Date To Be Determined
Plant Investment Fee $52,000 Date To Be Determined
Distance Fee $31,200 Date To Be Determined
Raw Water Requirement $80,000 Before Individual Meters will be Set
Meter Set Fees $8,000 * (Approximate) After Individual Meters have been Set
Total Fees Developer Portion
Total Cost for 8 Lots with 500 gpm Fire Flow $196,200 $108,000
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.
When the Developer is ready to proceed, the District and the Developer will enter into a legal Water Service
Agreement.
If you have any questions,you can contact me at the office (970) 356-3020.
L Y ccl,
Don Posselt, Manager
PROPOSED SEWAGE DISPOSAL SYSTEM
Sewer provisions for the lots will be provided by Individual Sewage Disposal Systems.
Attached are the requirements from the Weld County Department of Public Health and
Environment, which were provided at the Change of Zone phase of the proposed
subdivision.
Memora d
num
oft (
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TO: Chris Gathman,W.C. Planning
DATE: August 20, 2002
Il
FROM: Pam Smith; W.C. Department of Pubii-
COLORADO Health and Environment
• -�
CASE NO.: CZ-603 NAME Harold/Doris Buxman
The Weld County Health Department has reviewed this proposal. The applicant proposes an 8
lot minor subdivision on 23.2 acres. The minimum proposed lot size (2,5 acres) coupled with
the overall density of one septic system per 2.9 acres does meet current Department policy.
The application has satisfied Chapter 24 of the Weld County Code in regard to water service.
The application states the water will be supplied by North Weld County Water District. A letter
of intent from North Weld County Water Distract has been included in the application materials.
The application has satisfied Chapter 24 of the Weld County Code in regard to sewer service.
Sewer is proposed to be provided by individual sewage disposal systems. Preliminary soils
data (no percolation tests performed) conducted by CDS Engineering, dated Novembers 20,
2000, and submitted in the sketch plan application indicates there may be site limitations due
to shallow groundwater(ranging from 6 to 8 feet deep) and shallow bedrock (ranging from 5 to
8 feet)conditions. These preliminary findings were conducted at a time of year when
groundwater conditions would be expected to be most favorable These findings indicate that
most sites will require at the very least shallow or mounded systems. Percolation data(no
borings drilled at this time) conducted by AgPro Environmental Services on March 27, 2002
indicates acceptable percolation rates for conventional systems. Ideally, the Department would
like to have boring information during the summer months to identify worst-case groundwater
conditions. However, combining these two separate soils investigation results, the sites
appear to be suitable for shallow or mounded septic systems.
The septic'areas' depicted on the site plan are adequate for the Installation of two absorption
fields. The septic'areas'shall be preserved In a manner that will allow for future absorption
field use. The Department recommends that language for the preservation and/or protection of
the septic'areas' shall be placed in the development covenants. The covenants should state
that activities such as landscaping (i.e. planting of trees and shrubs)and construction (i.e.
auxiliary structures, dirt mounds, etc.) activities are expressly prohibited in the designated
absorption field site. Additionally, animal husbandry activities should be restricted over the
absorption field sites while In use.
The Department recommends the applicant place a note on the plat notifying any future
residents that there is an existing, operating dairy and lagoons located adjacent to the proposed
minor subdivision,and as a result, may be exposed to flies, odors and dust associated with this
operation. This should be placed in addition to the Right to Farm statement on the plat.
CASE NO.: CZ-603
NAME: Harold/Doris Buxman
August 20, 2002
Page 2
Lot A of RE2339 currently has an outstanding septic permit SP-9500062 for the repair of the
septic system located at 32186 C 29, Greeley. The Department has no record that alterations
were made to the system or that a final inspection has been conducted on the system
Therefore,the Department recommends approval with the following conditions:
1. Water service shall be obtained from the North Weld County Water District.
2 Sewage disposal shall be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment. Water
Quality Control Division and the Weld County Code in effect at the time of
construction, repair, replacement, or modification of the system. Ths Change of
Zone site plan indicates proposed septic areas for the location of two absorption
fields.,These septic areas may be movable, provided they are of equal or greater
area, meet all required setbacks, and are documented by an affidavit of correction
per Section 24-5-50 of the Weld County Cods. The lot owner shall not place any
permanent landscaping,structures,dirt mounds or other items that would interfere
with the construction, maintenance, or function of the fields in the septic areas.
3. Language for the;preservatlon and/or protection of the septic areas shall be placed in
the development covenants. The covenants shall state that activities such as
permanent landscaping, structures, dirt mounds or other items are expressly
prohibited in the absorption field site.
4. Close the outstanding septic permit SP-9500062 for Lot A of RE2339,32186 CR 29,
Greeley.
5. If required,the applicant shall obtain a storm water discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and the
Environment. Silt fences shall be maintained on the down gradient portion of the site
during all parts of the construction phase of the protect.
6 During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions,at
the request of the Weld County Haatth Department,a fugitive dust control plan must
be submitted.
7. In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than 5 acres of land must incorporate all
available and practical methods which are technologically feasible and economically
reasonable in order to minimize dust emissions.'
8 if land development creates more than a 25 acre contiguous disturbance,or exceeds
6 months in duration,the responsible party shall prepare a fugitive dust control plan,
submit an air pollution emissions notice, and apply for a permit from the Colorado
Department of Public Health and Environment.
9. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County
Code shall be placed on any recorded plat.
CASE NO. CZ-603
NAME: Harold/boris Buxman
August 20, 2002
Page 3
10, A n existing,operating dairy and lagoons are located adjacent to the proposed minor
subdivision, and'as a result, residents may be exposed to files. odors and'dust
associated with this operation.
0:1PAM1PIann&nplchzonala:.BQ3 rif
Xcel Energy"
PU$LIC SERVICE COMPANY 15006th Avenue
Greeley,Colorado 00631
08APR03
AgPro
C/0 Lauren Light
4311 Highway 66
Longmont,CO 80501
Subject: Service Availability
Dear Ms.Light:
In accordance with our tariffs filed with and approved by the Colorado Public Utilities
Commission, electric facilities can be made available to serve your project at Sec 21,T6N,
R66W.
Currently our lead time for design is 8- 10 weeks. Lead time for construction,once the design
has been approved, applicable costs have been paid and applicable contracts have been signed
and returned, is 8— 10 weeks.Due to workload,material availability and design complexity,
design and construction lead times are approximate and subject to change. Please submit your
plans at the earliest opportunity to better assure meeting your proposed schedule for receiving
service.
Electric Costs for the project will be calculated in conformance with our filed SERVICE
CONNECTION AND DISTRIBUTION LINE EXTENSION POLICY.
If you have any questions or comments, or if I can be of further assistance,please call me at the
number listed below. My normal work hours are 7:30 a.m. to 4:00 p.m.,Monday through
Friday.
Sincerely,
Larry E.Homan
Planner
970-395-1238 •
** TOTAL FAGE . O1 **
4- 7-03; 2:06PM;Ov/E=T ;970 277 643E w 2 2
Will Serve
Qwest Communications Monday, April 07, 2003 3:23:26 PM
3351 Eastbrooik Drive
Ft.Collins,CO 80538
CAROLE VEYSEY
Tracking # 829
SLBJECT:
Telephone facilities to planned/proposed development.
Attn:
BUXMAN ESTATES
{n ,..t:,2_. R
HAROLD AND DORIS BUXMAN
14441WCR66
970-356-3710
tire,=' ,' -r:„- = = a"a. - ''':
Qwest will provide service to your planned/proposed developement:
BUXMAN ESTATES
r-21 6n 66W TH P1i WELD
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.
CAROLE VEYSEY 970-377.8408
(WA Coordinator) (Phone)
Sincerely
Hello