HomeMy WebLinkAbout20033227.tiff WATER SERVICE AGREEMENT
(DEVELOPMENT/SUBDIVISION -SINGLE SYSTEM)
THIS AGREEMENT is made and entered into as of the 14'"day of July, 2003, by
and between the North Weld County Water District, acting by and through the North
Weld County Water District Enterprise (hereinafter"District")and Ed O rr, (hereinafter
"Developer"), of Owl Creek 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 Owl Creek 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 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.
•
P Subdivisions\OwICrtekEsu¢s\Water Service Agreernentdnc
2003-3227
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.
2.4 The District will be constructing substantial offsite infrastructure
enhancements including but not limited installation of tee and valves for connection to
the Development. 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$95,000.0°. 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.
-OR-
The Developer will be responsible for constructing substantial offsite infrastructure
enhancements including but not limited to installation of tees and valves for connection •
to the Development. The infrastructure shall consist of providing and installing an eight-
inch diameter potable water main and appurtenances from the intersection of WCR 55
and Hwy 392 to the Development. 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
P'Subdivisiom\OwlCmckEsuRs\Water Service Agreemenldoc
e—,
acceptance of the water lines, subject to final approval by the District, Developer shall
dedicate ownership of the water lines to the District.
2.5 The Plant Investment Fee shall be the sum of$7,500.1Q multiplied by the
platted and approved number of lots in this development being nine (9)total. The Plant
Investment Fee as determined pursuant to this Paragraph 2.5 shall be $67,500.°0 and
said sum shall be paid by Developer to District in a single lump sum on or before the
22nd day of March, 2004. 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
$67,500.0°and said sum shall be paid to District by Developer in a single lump sum on
or before the 22nd day of March, 2004. 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 2.5, 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 q 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$117,000.6 if paid on or before the 31St day of October, 2003. 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.
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.
P'eSubdivisiuw\OwlCreckEs,aas\Wa,tt Semce Agreement doc
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 Owl Creek Estates 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
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 Owl Creek Estates
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 Owl
Creek Estates Development, and which shall constitute a first and prior lien upon all lots
and property in said Owl Creek Estates 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 Any 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
1.1 As additional consideration for this Water Service Agreement, Developer
P\Subdinsiom\OwICieekEsutes\Water Service Ag,eemcncdoc
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 bo required to provide any
services of any type.
1.2 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 June, 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 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.
P:'Subdivisiuns\OwlCreekEshtes\Water Service Agreementdoc
IN WITNESS WHEREOF,the parties have executed this Agreement the day and year
first above written.
r
DEVELOPER:
By:
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
, 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
by as
President and as Secretary of North Weld County
Water District.
Witness my hand and official seal.
My commission expires:
Notary Public
P:\Subdivivions OwlCreekFshles\Water Service Agieemem.doc
Hello