HomeMy WebLinkAbout20020282.tiff WATER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of the day 10'"of September,
2001,by and between the North Weld County Water District,acting by and through the
North Weld County Water District Enterprise (hereinafter "District") and Pete Hyland
(hereinafter"Developer"),of Coyote Run P.U.D.,(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 Coyote Run P.U.D.,and
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 fumish a customary supply of water for a total of Five(5)
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
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.
ARTICLE 2
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 2002- 282
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 EXHIBIT
District. The Developer may use the District's existing water lines to serve the individual S 'II
EeDMSION WATE9SEAVCEACR WM7CAS,,N,,,-H DOC
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 The District will be constructing 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 final amount of
said Fee shall be$10,000.0°as determined by the District. 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.
2.3 The Developer shall provide the District with security to secure the
installation and warranty of water lines for 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 left,it of
credit,certificate of deposit,or bond.
2.4 During the one-year warranty period the Developer will be responsible:for
any repairs or maintenance of the Development water line improvements. All such rel airs
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 repair 3 or
maintenance being effected except in emergency situations.
2.5 Prior to water service being provided at or for any lot,the lot owner shall ne
required to complete the District's tap application form and pay all costs,expenses and
fees as well as dedicate 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
4.1 This Agreement shall be subject to the approval by Weld County of the final
plat of the Development or the withdrawal of the Development presently being processed
for consideration of approval by Weld County. If this Agreement is terminated due to
these reasons,the terms and conditions of this Agreement shall be considered null and
void.
4.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
4.3 This Agreement shall inure to and be binding upon the parties hereto and
their heirs,executors,personal representatives,successors and assigns.
U IWIBMNSINSWATERSFRVICEAGRFFMENTCAENIN'IFP 00C
IN WITNESS WHEREOF,the parties have executed this Agreement the day and
year first above written.
DEVELOPER:Pe r Q ! kit a.
By: Lfl
OosSbl
DISTRICT:
ATTEST:/T / �j NORTH WELD COUNTY WATER DISTRICT
By:t.y'nit 444,, 7 By1.'V/r /11(/ ad . LII
Sec tary President I /
STATE OF COLORADO
COUNTY OF L.—)—t. ;ss.
The foregoing instrument was acknowledged before me this an}' day of
, a-...>' ,by i - IA-AL—.1.
Developer.
„ t arcs',,,,,,
�J^`.fI)Vitned5,e{f� y,hand and official seal.
W ,.cg 1mis4bon expires: MY COMMISSION EXPIRES AUGUST 29,2002
pun, 1G
.° rF opco`°�.�,� Notary Public
STATEW,COLORADO )
)ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this -If' day of
,by ,ant r' u A as
President and litob«a- as Secretary of North Weld
County Water District.
Witness my hand and official seal.
My commission expires: MY COMMISSION EXPIRES AUGUST 29,2002
Notary Public
•
u vSU8D 1 ONswArez$ERV FAGREEM€NrwsmxLER DOG .y
WATER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of the day 10th of September,
2001, by and between the North Weld County Water District, acting by and through the
North Weld County Water District Enterprise (hereinafter "District") and Pete Hyland
(hereinafter "Developer"), of Coyote Run P.U.D., (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 Coyote Run P.U.D., and
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 Five (5)
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
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.
ARTICLE 2
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
U:4SUBDNISIONS\WATERSERVICEAGREEMENTCASHINLIER.DOC I
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 The District will be constructing 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 final amount of
said Fee shall be $10,000.00 as determined by the District. 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.
2.3 The Developer shall provide the District with security to secure the
installation and warranty of water lines for 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.
2.4 During the one-year warranty 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.
2.5 Prior to water service being provided at or for any lot, the lot owner shall be
required to complete the District's tap application form and pay all costs, expenses and
fees as well as dedicate 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
4.1 This Agreement shall be subject to the approval by Weld County of the final
plat of the Development or the withdrawal of the Development presently being processed
for consideration of approval by Weld County. If this Agreement is terminated due to
these reasons, the terms and conditions of this Agreement shall be considered null and
void.
4.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
4.3 This Agreement shall inure to and be binding upon the parties hereto and
their heirs, executors, personal representatives, successors and assigns.
U1SUBDIVISIONS\WATERSERVICEAGREEMENTCASH INLIER.DOC o
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
DEVELOPER: PQ1 r Q. / IAA k
By: •
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By: �n�an�� Byd41 C I atiagri
Secr tary President I
STATE OF COLORADO
) ss.
COUNTY OF t--.)a-1 fL
The foregoing instrument was acknowledged before me this ao` .-- day of
Sep+c rti e , &to°I , by Pc-4-c, 1-4--,lam„_J,
Developer.
1°111111{
,.• ,r•.1 MCC,.'''".,.
.:"',`%' /rtnes�4f*y hand and official seal.
J<emppnmiss`eon expires: MY COMMISSION EXPIRES AUGUST 29, 2002
�, w V
000
•
Notary Public
o
'4fq,f01F C�`111°°°
STATE & COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this c -r% day of
✓ ��s+ as.1 , by -"n-. mf_ cc-- as
President and 12p b«: - Aco`brcJ * as Secretary of North Weld
County Water District.
Witness my hand and official seal.
My commission expires: MY COMMISSION EXPIRES AUGUST 29, 2002
. IIlni!t i i 111 U 1,11,1,
tac ,
n z Notary Public
OOF lF inn %%4'1.
l
U:\SUBDIVISIONS\W ATERSERVICEAGREEMENTCASHINLIER.DOC
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