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EXHIBIT
2003-0180 1 25
WATER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of the _ day of
, by and between the North Weld County Water District, acting by and through
the North Weld County Water District Enterprise (hereinafter "District"), and
Tim Brough, the developer (hereinafter "Developer") of Pheasant Crest Estates, PUD,
(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 Pheasant Crest Estates PUD,
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 eight (8)
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
1
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 installation portion of the construction of
water lines within the development (or that exclusively serve the Development)that will
serve the individual taps and a 42" diameter Ductile Iron Pipe(DIP), which will be utilized
to provide fire flows for the development. This cost has been determined to be
$55,042.00. The Developer shall pay the District $27,500.°° on or before September 2,
2002 and shall pay the remaining balance of $27,542.0° within sixty (60) days of
substantial completion of the waterlines. The District shall pay for the material portion
of the construction of both water lines, and shall use the 42" diameter DIP as a main
transmission line. The District will coordinate engineering and construction of such
water lines.
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
2
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 •
enhancements. A portion of those onhancements will bo attributable-to-the
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)plus_ othor tap&
requested by Developer for other purposos including, but not limited ,
irrigation, otc. total. The Plant Investment Fee as determined pursuant to this
Paragraph 2.5 shall be $52,000.°° and said sum shall be paid by Developer to District in
a single lump sum on or before the 1st day of May, 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
$4,800.00 and said sum shall be paid to District by Developer in a single lump sum on or
before the 1st day of May 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 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 $80,000.00 if paid on or before the 1st day of October, 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
3
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 linos for the Development during the ono-year
conditional acceptance poriod. Said socurity (the Warranty Security) shalt cover 25% of
all costs for installation of said water linos, which shall be released at the expiration-of
the ono year warranty period and upon full acceptance of the water linesby-the District.
will normally be a letter of credit, certificate of-depesitror-bench
2.9 During the ono 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 bo in accordance-with-the
District policies and engineering requirements, and shall be reviewed and-approved-by
the District prior to any ropairs or maintenance being effected excopt 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 for Raw Water), 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 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.
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
4
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 1st
day of January, 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.
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.
•
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
" Developer"
DISTRICT:
Attest: NORTH WELD COUNTY WATER DISTRICT
Secretary President
"District" "District"
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of , 20_
by as Developer.
WITNESS by 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 , 20
by as Secretary of North Weld County
Water District.
WITNESS by hand and official seal.
My commission expires:
Notary Public
6
JUL-15-2002 1120 .-nIV WATER RESOURCES 303 866 3589 P.01/01
•
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER A:
DMslon of water%eourc
Department of Natural Resources
1313 Shaman Street,Room 818 July 3, 2002 [ �1
Dower,Colorado 80203
Phone(303)866-3581 Lit
PAX(303)866.3389
Silt Oww
VM'w.waterfraie.[O.t4 Governor
Mr. Kim Ogle Enna,Cara
Weld County Planning Department � PE
1555 N. 17th Avenue
Greeley Co 80631
Re: Pheasant Crest Estates; MK-1003
SW1/4 of Sec. 6,T7N, R67W,6th P.
Water Division 1,Water District 3
Dear Mr. Ogle:
•
We have reviewed additional information submitted to this office on June 28, 2002
regarding the above referenced proposal to subdivide a 74.63 acre parcel into 9 single
family residential lots. In our previous letters dated November 8, 2001 and May 15, 2002
we mentioned that the North Weld County Water District (District) has been proposed as
the source of water however no letter of commitment from the District or estimate on the
water demand were previously provided. Therefore this time a letter from the District was
submitted to this office. Based on the information from the above-mentioned letter the
District is able and Intends to serve the proposed 9 lots in Pheasant Crest. The District will
supply treated water to the subdivision, charging fees for the water supply on a per tap
basis payable prior to the activation of the tap. Based on current records on file in this
office, the District currently has an adequate uncommitted water supply to provide the
water associated with this project.
Pursuant to Section 30-28-136(1)(h)(ll), C.R.S., the State Engineerrs office offers
the opinion that the proposed water supply will not cause material injury to existing water
rights, and the supply Is expected to be adequate with the District as the water supplier.
If you have any question In this matter please contact loan Comaniciu of this
office.
Sincerely.
Kenneth W. Knox
Assistant State Engineer
cc: Richard Stenzel, Division Engineer
Water Supply Branch
Subdivision File
File
KW KIIC/PheasantCrestEstates
TOTAL P.01
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