HomeMy WebLinkAbout20050965.tiff ^ j
` I
Dave Schwind '
17900 WCR 5 ,i J,
Berthoud, Co. 80513 J
Phone 303-709-7127
November 19, 2004 Weld County Planning Department
GREELEY OFFICE
Weld County Attorney DEC 9 2004 vv
P O Box 758
915 10th Street RECEIVED
Greeley, Co. 80632
Ref: Water Service Agreement for Minor Subdivision MK-1069
Dear Sir,
I have been directed by the Weld County Department of Planning Services
to submit to you my Water Service Agreement for your approval. The Little
Thompson Water District will supply water taps for my four lot minor
subdivision just northwest of Mead, of which I need three taps that will be
supplied by the District.
Upon your approval I will be able to submit my Change of Zone package.
Please find the agreement attached.
Thank you for your attention to this matter.
Respectfully,
Dave Schwind
2005-0965
• Agreement for Water Extensions
This Agreement,made and entered into this 76 day of (riziXi( ,200 7'. by and between
LITTLE THOMPSON WATER DISTRICT.hereinafter called the"District"and I/ -Lf✓≤ 7 G P�L'•jt'ft -.
hereinafter called"Customer",is upon the following terms and conditions,to-wit:
1. The District is organized as a special district under laws of the State of Colorado serving treated water within the District as may now be
established, or as hereinafter established. The Customer is either a taxpaying elector within the District. or desires to receive water service
and to join the District.
2. The Customer desires to obtain water service for the"property"described in this Agreement.
3. The Customer shall pay for and provide all water mains either within or without the boundaries of the District in order to provide water
service to the property; but the District may construct said mains, or the District may approve construction by the Customer, or the
Customer's contractor upon terms approved by the District.
A. The District must approve such construction by the Customer, or the Customer's contractor by a written agreement providing for
the terms of such installation, including requirements that the materials used shall meet all standards of the District and that
provides for inspection by the District of the construction of such water mains. The cost of all construction shall be paid by the
Customer to the District.
B. A deposit in the amount hereinafter provided shall be paid by the Customer to the District as an advance towards the construction
cost of the District for such installation. After completion of all construction and acceptance by the District,a final adjustment of
costs will be made, if necessary. In the event that it is determined that the deposit is insufficient to cover the estimated cost of
construction,then the Customer shall pay to the District,on demand,additional advances towards the cost of construction.
C. If the installation is constructed by the Customer, or the Customer's contractor, the Customer shall transfer all right, title and
interest in and to the facilities installed as well as all easements and appurtenances and other necessary property rights to the
District by good and sufficient assignment or bill of sale or general warranty deed. Such transfer shall be made free and clear of
all liens and encumbrances, and the Customer shall furnish sufficient evidence of title or a"Form 100"title policy if required by
the District. The Customer shall furnish mechanic's lien releases or a good and sufficient performance and payment bond
pursuant to the Colorado Mechanic's Lien Law in order to insure that all construction costs have been paid in full. All labor and
materials shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of
acceptance of such facilities by the written acceptance of such facilities. The District, upon receipt of the documents of transfer
and evidence of title, shall consider whether to accept or reject the installation. If the Customer has complied with this
Agreement and all other conditions precedent to the acceptance of the facilities,the District shall approve and accept the transfer
and shall thereafter assume operation and maintenance of the lines. In no event shall the District assume ownership, operation or
maintenance of any installation on the service side of the metering installation for the property.
4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as may be
hereafter adopted by the District. The Customer shall commence payment of established rates of the District, including minimum fees, on
the date of installation of a tap and water is available for use at the tap.
5. The District,pursuant to the terms of this Agreement,will only be obligated to serve the tap size shown on this Agreement.
6. The terms of this Agreement shall apply to the property described herein, and the taps hereinafter provided may be used only upon said
property. The parties hereto agree that this Agreement shall be treated as personal property and not real property.
7. The Customer shall provide the District with an accurate copy of the final plat of the property to be served by the District. If the plat must
be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in which
the development is situated must be provided to the District.
8. Customer hereby grants to the District the right to enter upon the land of the Customer and on the property as herein described to construct,
operate and maintain the facilities herein described, together with the full right of ingress and egress, and to cut and trim trees and
shrubbery to the extent necessary. The Customer shall obtain and convey to the District all easements required by the District, and the
District shall not be responsible for any delay in providing service in the event of failure to provide such easements. Furthermore,failure to
provide easements required by the District will cause this Agreement to become null and void and of no further force and effect, and the
Customer shall forfeit all money or rights theretofore transferred to the District.
9. The facilities herein described are required by the Customer by date hereinafter stated. In the event the District installs the facility, the
District shall use reasonable diligence in providing said facilities by that date. If said facilities cannot be installed because of act of God,
governmental authority, action of the elements, accident, strikes, labor trouble, inability to secure materials or equipment, or any cause
beyond the reasonable control of the District,the District shall not be liable therefore or for damages caused thereby.
10. In the event the District installs the facilities, the District shall install the facilities described herein in accordance with good engineering
practice after the Customer has established property lines, cut streets,alleys and easements to final grade and prior to the paving of streets,
and the construction of curbs and gutters. The Customer shall reimburse the District for any expense due to subsequent changes by the
Customer.
11. Water service shall be provided to Customers located within the property at the District's applicable rates, and upon terms and conditions
now in effect or at the rates and under the terms and conditions as may be hereafter be adopted by the District and upon the rules and
regulations as now established or as may hereafter be established by the District. No water service may be obtained except upon property
included within the boundaries of the District. Customer agrees that no other person shall be permitted to use water provided by the taps
,�. herein described.
12. In the even that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years from
the date of this Agreement, then this Agreement shall become null and void. In such event, the District may set off against the deposit
herein provided for the amount of its expense and return the balance of such deposit, if any, to the Customer. Customer agrees to pay all
expense incurred by the District in excess of such deposit.
LTWD Form 210
(Revised May 1986) Page 1 of 2
13. (Delete if inapplicable.) In order to off set the cost of water to supply the property herein described. the Customer agrees to sell to the
District the number of acre-foot-units of the Northern Colorado Water Conservancy District. Loveland. Colorado. water rights at the
amount for each unit, hereinafter described. Customer shall not receive cash for such units transferred to the District. but the total value of
such units as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap.
14. The District agrees to allow installation of the number of taps hereinafter provided within the above-described property, and each tap shall
not exceed % inches. No taps will be served by the District until all of the terms and conditions of this Agreement have been fulfilled by
the Customer, including transfer of the above-described water rights. The taps may not be used on any property other than that described
herein without the express prior written consent of the District to such transfer. Any such transfer shall he made to property owned by the
Customer, and such property, and the Customer, shall meet all rules, regulations and requirements of the District in order to achieve a
requested transfer. Any right to receive a tap option or water rights credit under this Agreement, whether upon the above-described
property, or at any other place shall expire and become null and void 20 years from the date of this Agreement. Customer may not
encumber, mortgage or collaterally assign the taps without the prior written consent of the District thereto. In all other respects the taps or
water rights credit shall be treated as personal property.
15. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the District.the
District may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property not included within
the below described property. These tap rebates will be paid in accordance with the District Rules and Regulations and the Customer
should familiarize themselves with this portion of the aforementioned Rules and Regulations. The parties hereto agree that refunds will be
made for a period of 5 years from the date of this Agreement and that upon expiration of said 5-year period, the District shall have no
further obligation to make refunds. The total amount of the tap rebates will not exceed the Customer's cost for the improvements.
16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter be
established by the District. District shall not be liable for any injury or damage for failure to deliver water for any reason including but not
limited to war,riot, insurrection,Act of God,or breaks or failure of the water system.
17. No agent or representative of the District has the power to amend.modify,alter or waive any provisions of this Agreement. Any promises,
agreements, or representations made by any agent or representative of the District not herein set forth shall be void and of no further force
and effect.
18. The Customer understands and agrees that all amounts due under the terms of this Agreement, as well as all fees,rates,tolls, penalties, or
charges for services, programs, or facilities furnished by the district constitute a perpetual lien on the property herein described, and that
such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens.
§32-1-1001(1)(j), C.R.S. 1973 (1981 Amendments). In the event Customer fails to abide by any of the terms or conditions of this
Agreement, Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and
consequential damages,loss of revenue,attorney fees,court costs,expert witness fees and other expenses.
19. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties
hereto. Except as provided herein,the Customer may not assign all or any part of any interest in the Agreement to any person.
^ IN WITNESS WHEREOF,the parties hereto have set their signatures the day and year first above written.
THOMPSON WATE I T dC By: gy(��, //{�� f�/ USIIMER
(/1I
Mailing Address: / 70 W c raj
///// /�RaattiAfieeddj/by LTWD Board of Directors on: Ier�7( Q ep rX6 13
✓/�i�l�ll't'/"-! i7e Telephone: SL 7L 7/6 7
1.) Real Estate Description for Agreement("Property"):
2.) Amount of Deposit: $ A17/4 •
3.) Date Customer needs facilities: N/14
4.) Number of Northern Colorado Water Conversancy District units transferred to District:
•
5.) Price per unit of Northern Colorado Water Conservancy District water: •
6.) Tap Size: 5/8 x%inches.
7.) Number of taps to be installed: 3
8.) Plat Provided? Yes No
9.) Number of new fire hydrants:
10.) Fee for hydrants: $ 1.000
LTWD Form 210
(Revised May 1986) Page 2 of 2
WATER,SUPPLY INFORMATI N SUMMARY
Section 30.28.133,Id1, C.R.S. requires that the applicant submit to the Cqunty,'Adequate evidence that a water supply that
is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water.
1. r" OF DEVELOPMENT AS PROPOSED
_14 CV/ /fi.r is - (/NA--/g47)
2. LAND USE ACTION a cc/et-74.4t.{ G=s ae --
3. NAME OF EXISTING PARCEL AS RECORDED /ve/L� Lt a.tt'I , A.A. ,tL7cke ip/,Cuza/ 2T7 6'-j/j/- RE 2667
SUBDIVISION • FILING BLOCK LOT
4. TOTAL ACREAGEY�,/`) 5. NUMBER OF LOTS PROPOSED y PLAT MAP ENCLOSED 0 YES
8. PARCEL HISTORY• Please attach copies of deeds,plats or other evidence or documalptation.
A. Was parcel recorded with county prior to June 1, 1972? 0 YES IE NO � �
B. Has the parcel ever been part of a division of land ac' n a e June 1, 1972? I 'YES 0 NO -
If yes, describe the previous action m cif IF>ul¢(�)�/Si(. ,
7. LOCATION OF PARCEL • Include a map deliniatinG the project area and tie to a section corner.
Y V/ 1/4 •BF ----Tid• SECTION i TOWNSHIP S pitril0 S RANGE 0 EAW
PRINCIPAL MERIDIAN: L(6TH X N.M. 0 UTE 0 COSTILLA
8. PLAT• Location,of all walls on property must be plotted and permit numbers provided, ?°e lets
Surveyors plat 0 Yes 0 No If not, scaled hand drawn:hatch 0 Yes 0 No
i
9. ESJJ&ATED WATER REQUIREMENTS• Gallons per Day ar Arra Fest per Year 10. WATER SUPPLY SOURCE
❑ EXISTING 0 DEVELOPED i ❑ NEW WELLS
WELL SPRING PROPOSED AQUIFERS-CHECK ONO
HOUSEHOLD USE A' .3 of units GPO _/ AF WELL PERMIT NUMBERS ❑ALLUVIAL 0 UPPER ARAPAHOE
0 UPPER OAWSON 0 LOWIUI ARAPAHOE
COMMERCIAL USE p of S.F. GPD Al 0 LOWER DAWSON 0 LARAMIE FOY HILLS
0 OmVER 0 QUOTA
❑OTHER
IRRIGATION It of acres GPO AF
STOCK WATERING it of head GPD AF 0 !AUNIOIPAL
❑ ASSOgIATION I WATER COURT DECREE CASE NO.. " ''
OTHER GPO AF 0 COMPANY
�DISTRIO t
TOTAL GPO AF NAME ll ti4ifri4d?ii tet-W Lel j4,91 Cdr
LETTER OF COMMITMENT FOR
SERVICE YES 0 NO
11. ENGINEER'S WATER SUPPLY REPORT 0 YES k If YES, PLEASE FORWAR WITH THIS FORM. (Thu msy be required before our review u compleiedj
12. TYPE OF SEWAGE DISPOSAL SYSTEM kNO
/``
xL2fSEPTIC TANK/LEACH HELD 0 CENTRAL SYSTEM -DISTIRICT NAME
///❑ LAGOON 0 VAULT• LOCATION SEWAGE HAULED TO
EN.""GERED SYSTEM (Attack e nay et maims*deeienl 0 OTHER
•
Agreement for Water Extensions
76
This Agreement,made and entered into this day of ,200 by and between
LITTLE THOMPSON WATER DISTRICT,hereinafter called the"District"and DAti F— SG V W2 ND .-
hereinafter called"Customer",is upon the following terms and conditions,to-wit:
1. The District is organized as a special district under laws of the State of Colorado serving treated water within the District as may now be
established,or as hereinafter established. The Customer is either a taxpaying elector within the District,or desires to receive water service
and to join the District.
2. The Customer desires to obtain water service for the"property"described in this Agreement.
3. The Customer shall pay for and provide all water mains either within or without the boundaries of the District in order to provide water
service to the property; but the District may construct said mains, or the District may approve construction by the Customer, or the
Customer's contractor upon terms approved by the District.
A. The District must approve such construction by the Customer,or the Customer's contractor by a written agreement providing for
the terms of such installation, including requirements that the materials used shall meet all standards of the District and that
provides for inspection by the District of the construction of such water mains. The cost of all construction shall be paid by the
Customer to the District.
R. A deposit in the amount hereinafter provided shall be paid by the Customer to the District as an advance towards the construction
cost of the District for such installation. After completion of all construction and acceptance by the District,a final adjustment of
costs will be made, if necessary. In the event that it is determined that the deposit is insufficient to cover the estimated cost of
construction,then the Customer shall pay to the District,on demand,additional advances towards the cost of construction.
C. If the installation is constructed by the Customer, or the Customer's contractor, the Customer shall transfer all right, title and
interest in and to the facilities installed as well as all easements and appurtenances and other necessary property rights to the
District by good and sufficient assignment or bill of sale or general warranty deed. Such transfer shall be made free and clear of
all liens and encumbrances, and the Customer shall furnish sufficient evidence of title or a"Form 100"title policy if required by
the District. The Customer shall fumish mechanic's lien releases or a good and sufficient performance and payment bond
pursuant to the Colorado Mechanic's Lien Law in order to insure that all construction costs have been paid in full. All labor and
materials shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of
acceptance of such facilities by the written acceptance of such facilities. The District, upon receipt of the documents of transfer
and evidence of title, shall consider whether to accept or reject the installation. If the Customer has complied with this
Agreement and all other conditions precedent to the acceptance of the facilities,the District shall approve and accept the transfer
and shall thereafter assume operation and maintenance of the lines. In no event shall the District assume ownership,operation or
maintenance of any installation on the service side of the metering installation for the property.
4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as may be
hereafter adopted by the District. The Customer shall commence payment of established rates of the District,including minimum fees,on
the date of installation of a tap and water is available for use at the tap.
5. The District,pursuant to the terms of this Agreement,will only be obligated to serve the tap size shown on this Agreement.
6. The terms of this Agreement shall apply to the property described herein, and the taps hereinafter provided may be used only upon said
property. The parties hereto agree that this Agreement shall be treated as personal property and not real property.
7. The Customer shall provide the District with an accurate copy of the final plat of the property to be served by the District. If the plat must
be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in which
the development is situated must be provided to the District.
8. Customer hereby grants to the District the right to enter upon the land of the Customer and on the property as herein described to construct,
operate and maintain the facilities herein described, together with the full right of ingress and egress, and to cut and trim trees and
shrubbery to the extent necessary. The Customer shall obtain and convey to the District all easements required by the District, and the
District shall not be responsible for any delay in providing service in the event of failure to provide such easements. Furthermore,failure to
provide easements required by the District will cause this Agreement to become null and void and of no further force and effect, and the
Customer shall forfeit all money or rights theretofore transferred to the District.
9. The facilities herein described are required by the Customer by date hereinafter stated. In the event the District installs the facility, the
District shall use reasonable diligence in providing said facilities by that date. If said facilities cannot be installed because of act of God,
governmental authority, action of the elements, accident, strikes, labor trouble, inability to secure materials or equipment, or any cause
beyond the reasonable control of the District,the District shall not be liable therefore or for damages caused thereby.
10. In the event the District installs the facilities,the District shall install the facilities described herein in accordance with good engineering
practice after the Customer has established property lines,cut streets,alleys and easements to final grade and prior to the paving of streets,
and the construction of curbs and gutters. The Customer shall reimburse the District for any expense due to subsequent changes by the
Customer.
11. Water service shall be provided to Customers located within the property at the District's applicable rates, and upon terms and conditions
now in effect or at the rates and under the terms and conditions as may be hereafter be adopted by the District and upon the rules and
regulations as now established or as may hereafter be established by the District. No water service may be obtained except upon property
included within the boundaries of the District. Customer agrees that no other person shall be permitted to use water provided by the taps
herein described.
12. In the even that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years from
the date of this Agreement, then this Agreement shall become null and void. In such event, the District may set off against the deposit
herein provided for the amount of its expense and return the balance of such deposit, if any, to the Customer. Customer agrees to pay all
expense incurred by the District in excess of such deposit.
LTWD Form 210
(Revised May 1986) Page 1 of 2
13. (Delete if inapplicable.) In order to off set the cost of water to supply the property herein described, the Customer agrees to sell to the
District the number of acre-foot-units of the Northern Colorado Water Conservancy District, Loveland, Colorado, water rights at the
amount for each unit,hereinafter described. Customer shall not receive cash for such units transferred to the District,but the total value of
such units as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap.
!" 14. The District agrees to allow installation of the number of taps hereinafter provided within the above-described property,and each tap shall
not exceed% inches. No taps will be served by the District until all of the terms and conditions of this Agreement have been fulfilled by
the Customer, including transfer of the above-described water rights. The taps may not be used on any property other than that described
herein without the express prior written consent of the District to such transfer. Any such transfer shall be made to property owned by the
Customer, and such property, and the Customer, shall meet all rules, regulations and requirements of the District in order to achieve a
requested transfer. Any right to receive a tap option or water rights credit under this Agreement, whether upon the above-described
property, or at any other place shall expire and become null and void 20 years from the date of this Agreement. Customer may not
encumber,mortgage or collaterally assign the taps without the prior written consent of the District thereto. In all other respects the taps or
water rights credit shall be treated as personal property.
15. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the District,the
District may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property not included within
the below described property. These tap rebates will be paid in accordance with the District Rules and Regulations and the Customer
should familiarize themselves with this portion of the aforementioned Rules and Regulations. The parties hereto agree that refunds will be
made for a period of 5 years from the date of this Agreement and that upon expiration of said 5-year period, the District shall have no
further obligation to make refunds. The total amount of the tap rebates will not exceed the Customer's cost for the improvements.
16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter be
established by the District. District shall not be liable for any injury or damage for failure to deliver water for any reason including but not
limited to war,riot,insurrection,Act of God,or breaks or failure of the water system.
17. No agent or representative of the District has the power to amend,modify, alter or waive any provisions of this Agreement. Any promises,
agreements, or representations made by any agent or representative of the District not herein set forth shall be void and of no further force
and effect.
18. The Customer understands and agrees that all amounts due under the terms of this Agreement, as well as all fees, rates,tolls, penalties, or
charges for services, programs, or facilities furnished by the district constitute a perpetual lien on the property herein described, and that
such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens.
§32-1-1001(1)(j), C.R.S. 1973 (1981 Amendments). In the event Customer fails to abide by any of the terms or conditions of this
Agreement, Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and
consequential damages,loss of revenue,attorney fees,court costs,expert witness fees and other expenses.
19. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties
hereto. Except as provided herein,the Customer may not assign all or any part of any interest in the Agreement to any person.
IN WITNESS WHEREOF,the parties hereto have set their signatures the day and year first above written.
C'L THOMPSON WAT I C � / �j`{1� S MER
By: � B
Mailing Address: / 7,960 We i\
Ratified by LTWD Board of Directors on: (� (e}�Q e 8037
%%��////�� gy Y Telephone: _903 7L3 7/GC7
1.) Real Estate Description for Agreement("Property"):
2.) Amount of Deposit: $ /%/44
3.) Date Customer needs facilities: 1.14
4.) Number of Northern Colorado Water Conversancy District units transferred to District: •
5.) Price per unit of Northern Colorado Water Conservancy District water:
6.) Tap Size: 5/8 x%inches.
7.) Number of taps to be installed: J
8.) Plat Provided? Yes No
9.) Number of new fire hydrants: I
10.) Fee for hydrants: $ 21000
LTWD Form 210
(Revised May 1986) Page 2 of 2
Hello