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Home My WebLink About20050647.tiff a WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 ' WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO 74/017, c r6� I ��✓� /«&A-CG�j u �.C& £AGCQ 9 ,ea (€ c-c =ze a in inert - cite( U( 2c c4Ce 2005-0647 WATER SERVICE AGREEMENT (DEVELOPMENT/SUBDIVISION - SINGLE SYSTEM) THIS AGREEMENT is made and entered into as of the day of 2003, by and between the North Weld County Water District, acting by and through the North Weld County Water District Enterprise (hereinafter "District") and Mark Lawley, (hereinafter "Developer"), of Lawley Acres 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 Lawley Acres Minor Subdivision; 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 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\Lawley Acres\WaterServiceAgreemeng08-27-03).doc 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. 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$25,000.00. A portion of this payment determined to be $1,250.0° of said Fee shall be paid by the Developer and payment shall be made upon execution of this agreement and the remainder ($23,750.00) of said Fee 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. The Infrastructure Enhancement Fee, as established in this paragraph 2.4, is non-refundable. 2.5 The Plant Investment Fee for three taps shall be initially paid to the District in a single lump sum on or before the 1st day of September, 2004. If the Plant Investment Fee for the initial three taps has not been 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. The Developer will be responsible for making payments of the Plant Investment Fee in groups of three (3). 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 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 P:\Subdivisions\lawley Acres\WamrServiceAgreement(08-27-03).doc 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 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, the Developer shall initially make payment for the Mileage Charge for three taps to the District in a single lump sum on or before the 1st day of September, 2004. If the Mileage Charge for the initial three taps has not been 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. The Developer will be responsible for making payments of the Mileage Charge in groups of three (3). 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 Mileage Charges paid, shall be in accordance with the Mileage Charge as established by the District and in effect at the time of the lump sum payment. No portion of the Mileage Charge shall be returned or refunded once established pursuant to this Agreement and the Development is approved by Weld County, 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 2.6, 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 initial cash in lieu fee shall be a single lump sum payment for three taps and is to be paid on or before the 1st day of September, 2004. If the Cash in Lieu Fee for the initial three taps has not been 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. The Developer will be responsible for making payments of the cash in lieu fee in groups of three (3). 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 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, commit to pay the Meter Set Fee, and pay any remaining fees, expenses and charges, if any, 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. Once the application and P:\Subdivisions\lawley Acres\WaterServiceAgreement(08-27-03).doc payments have been completed, the Developer or parcel owner shall have one year in which to have the water service physically installed. Upon installation or after one year from the completion of the application the Developer or parcel owner shall be responsible for making monthly payments to the District with the District's then current rates. If payments are not made, the District will enforce its policies for collection of past due balances and possibly termination of water service. 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 Lawley Acres 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 Lawley Acres 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 Development, and which shall constitute a first and prior lien upon all lots and property in said Lawley Acres Minor Subdivision. 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 P:\Subdivisions\Cawley Acres\W arerServiceAgreemenl(08-27-03).doc ARTICLE 4 EASEMENTS AND RIGHTS-OF-WAY 1.1 As additional consideration for this Water Sorvico Agrcemont, Developer • • sewfses-ef-any4ypo. 1.2 In addition to exocution of the attached Easement and Right of Way 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 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 90% of costs and expenses paid pursuant to Article 2. The 10% retention by the District shall be considered as administrative expenses. The Infrastructure Enhancement Fee as stated in Article 2.4 is non- refundable. 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:\Subdivisionsu.awley AcreslWaterServiceAgreement(08-27-07).doc 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 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:\Subdivisions\Lawley Acres\W aterServiceAgreemenl(o8-27-03).doc Hello