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Home My WebLink About20060258.tiff ,;.."3:11/21185 15:15 9704538765 PAGE by WATER SERVICE AGREEMENT (WATERSHED PUD -SINGLE SYSTEM) THIS AGREEMENT is made and entered into as of the day of ,20 , by and between the North Weld County Water District,acting by and through the North Weld County Water District Enterprise (hereinafter"District") and Mary Barstow, (hereinafter "Developer'), of Watershed PUD, (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;Distrtct;in order to comply with the provisions of Section 20, Article X of the Colorado:Eonstitution 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 C4`Onty and Larimer Cilitalstv,Colorado; and s'S....s WHEREAS,the Developer desires to contragt with the District for certain potable water supplies and services for the Development knowrFas Watershed PUD,located in the Northeast Quarter(NE V..)of the Southeast Quafter'(5E:%)of Section 31,Township 8 North, Range 67 West of the 61°Pririgilaftlerldian,Coutiltlif Weld, State of Colorado;and -`'£` ::.>�:. %*- WHEREAS,Developer intends to plat nilfor detSfop more than three residential lots which will require dedication of raw water and/or payment of cash in lieu of raw water dedication in acxcordancg:1gith the terms of this Agreement; NOW,THEREFQgE iiittytaideration othtee premises and the covenants and agreements beseetafer seteletth.ittgratactiy and between the District and Town as follows `ARTICLE 1 :WATER SUPPLY/FACILITIES • 1.1 Ttte;District scull furnish Development a customary supply of water for a total of nine(9)itldwiduaLS'mgle-Family residential taps("Residential Tap),and one(1) irrigation/OpenSpafr avatar taps("Irrigation Tap"),and collectively identified as clap or Taps). The District Shall furnish 70%of an acre foot(228,000 gallons)of water per equivalent Tap per annual water year,if the allotment for Colorado-Big Thompson (CST)project water,which is determined by the Northern Colorado Water Conservancy District is 50%or greater. Whenever the CBT allotment is less than 50%for any annual water year.District will reduce or restrict the delivery of the amount of water per equivalent Tap as deemed proper and necessary by District to assure water supplies. 1.2 The water to be furnished by the District shall be potable water,which complies win 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 Disvict 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 imautumaws Watgoth. eareowrive-ii 11WaA0ewer./4-051doc 1 2006-0258 Ad/11/3t005 15:19 9704938765 PAGE 03 system,which Interruption or reductions are temporary,and in the sole opinion of the District,if necessary. 1.4 The District shall install,own, repair and maintain a meter vault at each individual lot within the Development in which the District shall Install equipment as deemed necessary,including but not limited to meters, reading devices,flow restdcters, etc. 1.5 The District estimates the water supply to have a normal pressure range of tony(40)to eighty-five(85)pounds per square Inch(psi). The maximum pressure that will be supplied to any Tap may be as great as one-hundred twenty five(125)psi. Therefore, the Developer(or Lot Owner)agrees to install preventative plumbing devices to restrict and/or release the pressure. Developer and/or Lot Owner releases District from any and all liability or claims that may be made against the District concerning damage from excessive water pressure supplied to the Development,Tap or lot. ARTICLE 2 TAPS,LINES AND FEES 2.1 The District must approve, in writing agengineenng bq construction plans and materials of all Water Lines within any.fL_e}Lveldnment or W 4ines leading to the Development. The Developer shall be rasp itsible for payment of cost of the construction for Water Lines within the De Trent(rig,Water Lines Stare necessary to serve the Development)that will sesiSi a,,'f PS:,.'Water Linea',means all lines which carry water to the meter vault(s)within the 7evelopment. 22 From the meter to the*Sire or lot being served with water,water will be delivered through private service lidafieffich,nre instailed‘tatie Developer or Lot Owner,and for which the District has najesponj(4 or Iiab�iiCy. 2.3 After the O.eveloper has installed and consftucted the Water Lines,the Developer will be required t6stifbmit a letter at receipt of the value of the Water Lines. Upon approval of eoelsfructionand receipt of value of the waterlines,the District will conditionally accept iha Water taryes by Issuan*of a conditional acceptance letter(see Exhibit A). Two years pftlr ,rgral, ,phance of the Water Lines,subject to final approval by.ilue Wit,Developer she �i ate ownership of the Water Lines to the District;live Developet'-tnay c)% the Districts existing Water Lines to serve the indivwlrat Taps if the D S rict detetniinris in its sole discretion,that the existing Water Line maybe accessed arid;has available capacity and pressure to serve the Development 2A foilalt Waterlines located within the Development's roadway or utility/waterline easernwa e,future repair of paving or other improved surfaces subsequent to the hiittgi installation of any Water Line shall be the responsibility of the Developer,Homeowners Association,or current owner of the Right-Of-Way. The District will repair and bar�ll the trench to the surface but will not rebuild any surface improvements,including but not limited to pavement,curb and gutter,sidewalk,or landscaping other than grasses. 2.5 No 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 raw 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. 2.6 Pursuant to this Agreement,the fees,expenses and charges for a water Tap consist of: Y.1suDlvis4woWces' d-swwwl318enww6A0M1w.14Wtda 2 dr1ll_ouS 15:ty 9704938765 YPOt. a4 (1) Review& Inspection Fee as provided in Paragraph 2.8; (2) Infrastructure Enhancement Fee as determined in Paragraph 2.9; (3) Plant Investment Fee as provided in Paragraph 2.10; (4) Mileage Charge pursuant to Paragraph 2.11;and (5) Raw Water or Cash in Lieu Fed as provided in Paragraph 2.12; (6) Raw Water Storage Fee as provided in Paragraph 2.12.2;and (7) Meter Fee as provided pursuant to Paragraph 2.15. Notwithstanding anything to the contrary herein,paymertf!ofall fees,expenses and charges as established pursuant to this Agreement shalllje a condition precedent to the District providing water service to any Tap within thatelielopment. Except as provided in 7.1,if the total fees,expenses and charges ate not paiti,all prior fees, expenses and charges paid by the Developer for a9 mprgvernehteAnade by the Developer shall be considered as forfeited to the pt4trictes liquidatet#rr,?emages as accurate calculation and determination of dama}es would not be possil , Mg 2.7 The Raw Water or Cash in Lieu Fee 1?lantSit estment Fee,and Mileage Charge must be completed and fulfilled jointly before:District provides any water service. Once these fees have beenppid or completed;lie Developer or Lot Owner will then have one(1)year to pay for and nave the meter set :t ,ion installation of the meter,or,after one(1)year of paymentpfth ,referenced' ;the District shall commence billing the Developer '"'or Lot OlMref ar itiAierJrrArm Moltttrty Charge in accordance with the policies the District then itieltedeNesidinimum Monthly Charge .-.. snail apply whether or notetlyrwater is takey* firough*Tap. 2.8 The District will be�;expending resources for review and inspection of the Development indudinOu:t not limited to engineering review,Water Line inspection, surveying,bactenologicat9r sting: ;ores ure testing of the Water Line constructed for the development',Tile Devekp r will be'regirived to reimburse the District for such expenses and shall e.known a llle"Review and Inspection Fee'. The Review and Inspection Fee shall biaaplely determined by the District and for this Development said fee shalt:be the sum of$7.900.00. ,P portion of this payment determined to be$200.°0 of said Fee ones be paid by the Developer and payment shall be made upon execution of this Agreeme*.:and the rerainder$2,700.00 of said Fee be made prior to commencement:et:constrri Lion of Water Lines that will serve the Development,or the issuance of any bolt is permit,whichever occurs earliest. The Review and Inspection Fee,as established 4016 Paragraph 2.9 is non-refundable. 2.9 The District may be constructing substantial Infrastructure,including but not limited to two connections to the existing eight-inch waterline located in WCR 15 Right-Of-Way with two Isolation valves and pipe stub-cut or connection to the Development and approximately 4,400 Lineal Feet of 12"waterline and appurtenances from the intersection of WCR 13&90 North to the Storage Facility that supplies water including Fire Flows to this Development 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 $38,300.°°. A portion of this payment determined to be$1,915.00 of said Fee shall be paid by the Developer and payment shall be made upon execution of this Agreement and the remainder$36,385.00 of said Fee be made prior to commencement of construction of Water Lines that will serve the Development,or the issuance of any building permit,whichever occurs earliest, The Infrastructure Enhancement Fee,as established in this Paragraph 2.9 is non-refundable. Pwws a v true..iwarea,pr+enwsAos-r..05}r« 3 63/11:2005 15:15 9704930765 PAGE 05 2.10 The Developer or Lot Owner will be responsible for making payment of the "Plant Investment Fee". Said payment shall be made prior to the Issuance of any building permit or the setting of a water meter,whichever occurs earliest. All Plant Investment Fees paid shall be In accordance with the Plant Investment Fee as established by the District and in effect at the time of the payment. No portion of the Plant investment Fee shall be returned or refunded once established pursuant to this Agreement and the Development is approved by Weld County, even if the number of lots and/or Taps in the Development is later decreased or unsold. However, if the number of lots and/or Taps increases beyond the number Initially established in Paragraph 1.1, Developer will pay the Plant Investment Fee for each new Tap within the Development at the rate for Plant Investment Fees then in effect. 2.11 The Developer or Lot Owner will be responsible for snaking payment of the 'Mileage Charge'. Said payment shall be made prior to the issueitce of any building permit or the setting of a water meter,whichever occurs eankiat. All Mileage Charges paid shall be in accordance with the Mileage Charge as tigaablistied by the District and in effect at the time of the payment. No portion of the Mileage Charge shall be returned or refunded once established pursuant to this Agreespent and the Development is approved by Weld County,even if the number of and/or Taps in t$Peveloprnent is later decreased or unsold. However, ff the number of tots and/or Taps*teases beyond the number initially established In Perfeereph 1,1,Developer will payThe Mileage Charge for each new Tap within the Deveicsithentlifthe rate AMP/fledge Charge then in effect. • 2.12 Tne"Raw Water or Castritotieu Fee"requlrej#tent for this Development snail be met by payment of"Cash in Lieu`:` 3eveloper oeget Owner will be responsible for making payment of this fee. Sf {itrsyment shill be made prior to the issuance of any building permit or the sedlig ofa wilt tit eter,whichever occurs earliest. All Cash In Liesereespaid shall ii i accordance with the Cash In Lieu Fee as established by the Djattict ai dit.effect at the lime of payment 2.12.1 At the sDfeAlisatitton of District the District may allow the Developer to dedicate Raw Water to GI Ebffler raV _vga( ,re liremenL The raw water requirement for a Residentia>:T j);b;ging a s' be tamily'feesldence on one(1)lot shall be the dedication of at leee orie(1)t Sit tit,Colofh'dq Rig Thompson(CRT)project water per Tap,or at least ant.(1)share of Nth PoudI%1regation Company(NPIC)stock for every four(4) residenti&€"taps. 2_12.21.littaddition to the dedication of the Raw Water,the Developer shall be responsible foralgtaw Water Storage Fee as determined by District. The Raw Water Storage Fee shag-tieappfied once for each Unit of CST or four times per share of NPIC that is dedicated to ttreiDistricL The Raw Water Storage Fee payment shall be made in conjunction with thejdedication of the Raw Water. 2.13 The Developer shall provide the District with security,as deemed acceptable by District,to secure the installation and warranty of Water Lines within the Development during the two-year conditional acceptance period. Said security shall cover 25%of ail costs for construction of said Water Lines,which shall be released at the expiration of the two-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. 2.14 During the two-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. RualdM konolWMar nmlay.m. s,.ea771wsnoogor.,s-w).ace 4 .8 IL/'uo5 15:1y T/4493065 N_; u,; 2A5 Prior to a meter being set and water service being provided at or for any Tap,the Developer or parcel owner snail be required to complete the District's Tap application term,pay the Meter 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 appiicatiorr,or any other expenses or costs that may be incurred by the District in relation to the Development. ARTICLE 3 FIRE PROTECTION 3.1 Fire protection is a basic provision required fur development activities in tee Weld County for which this Development is to be constructed. The Development aray be ioeataf witldr►an established fire protection district(rFPD')which has its own iroric ws,proc�eoures and requirements concerning fire protectipeeetech may be in addition to o;supplement any requirements Imposed by ttte,Weld County. Developer understands that District is not responsible for complianceapttt#a'iy such FPD or Weld County requirements and such requirements are the sole>iespor'Sibiity of Developer, I l'D and/or Weed County. Developer further understands that District is not required to provide tire flows or even allow fire protection devices, including but nK t limited to hydrants,Water Lines,sprinklers,and valves,t,..be installed,inspected;serviced or provided by District. • 3.2 However, as a courtesy and public seriiioe District will permit Developer to install certain tire protection infrastructure pursuant tot4ne provision of this Article 3 and any other provisions or requireme deemed necessa r by District,in its sole discretion. f;; 3.3 Developer shall provide to the p 'ict," and Weld County plans and specifications for fire prpeareeoe.infrastructiiteOnciudinglie not limited to location and size of Water Lines t4 serve1it hydrants("Fite Facilities'). Said plans shall be in accxirdance with arey.splecifrcutQhs and requirements established by District,Weld County and/or FPD. 3.4 eip©e final appt•oi al of the p'faxts and design by Distract,Weld County and FPD,Developer shellI:be respo sjbfe for Installation of the same including all costs incurred by District to re sew plank nataltation,and inspection of the same by District_ Upon approval of the installation of ell such fire facilities by District, Weld County and FPD, District will thereafter•assume the responsibility of effecting maintenance and repairs of such-facilities buC:District will be compensated for such maintenance and repairs, in perpey,by Qveloper or Homeowners Association in the Development Additionally,respobilgyfor all costs of maintenance and repairs shall become a part of covenants that rureeit'th the title to ail lots and property within the Development,and which shall constitute a first and prior lien upon all lots and property in said Development. 3.5 A,y additional consideration for this Agreement, Developer understand that District has not and will not perform any Independent review or analysis of the adequacy of any fire taclilties. Accordingly, Developer releases District from any and all liability or claims of any type that could be made against the District, including but not limited to water pressure, line size, lack of water, maintenance, volume or velocity of flow, or any other item related to fire facilities in the Development. 3.6 All final approvals of this Development must make reference to the responsibility of the Developer or Homeowners Association concerning expenses of maintenance and repairs for the fire facilities pursuant to Paragraph 3.4. P SUIXIMssanslW urolvoihwslow(9,$E7)1WSAOndtrnr-,O-Os.00e 5 ., _uu5 lb:it: i/u4`f38'6b I•IAVL u, ARTICLE 4 EASEMENTS AND RIGHTS-OF-WAY 4.1 As additional consideration for this Water Service Agreement, Developer agrees to sign and execute any necessary Easements and Rights-of-Way regarding specific locations,widths,size of pipeline(s)and descriptions for Water Lines as determined by the District. 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. 4.2 Additionally, any final development plat must be reviewed and approved by District as to all aspects of Easements and Rights-of-Way for water facilities, pipelines and fire facilities. All such Items must be dedicated for public use and District must approve the final plat. ARTICLE 5 DUAL WATER(IRRIGATION)SYSTEIVh:'; SA This Agreement is for a single systertwater service whkimeans that one ('I)system provides water for all water usage within Watershed PUD r the Developer or any Lot Owner will construct,laid**use a'secondary or alternative water system within Watershed PUD without an Bit drpe i('to this Agreetr ant to insure proper installation,use and connection of a dual watet;gystem. For any breach of this provision, District shall have the rightrto discontinue water.service to the entire Development until an amendment to this'Agreement has been finalized by the District, Developer and/or all Lot Owners. ARTtCfh 7 '�- MISCE►,f1ANEOUS 7_1 This Agreement lawonditional as the final plat of the Development has not yet been approved by Weld fa m '",Iftne f)nal'plat is not approved on or before the fir,this'At�ea`" ment can then be terminated by Developer and the same shalf)f@'onsideanull and void. Notwithstanding any language to the contry iy,Developer shalt3(e enti :tfy a refund of 98%of costs and expenses paid pursuantftArycle 2.10,S4 arnd'i2 if such refund is applied for within one(1)year of the payrnerik:made to the F blot. The 2%retention by the District shall be considered as administrative expenses. All or any portion of costs or expenses the Developer incurred pursuantto Articles 2.1,2.8,2.9 and 2.15 shall not be entitled to a refund of any amount 7.2 This Agreement cannot be assigned by Developer without the express written approval of District. 7.3 This Agreement shall Inure to and be binding upon the parties hereto and their heirs, executors, personal representatives,successors and assigns. peuWsiis.w.i. ik.bsb pl-ifi nws anl%-14-sefic 6 't,c111/2dd5 15:19 JN499B765 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year list above written. DEVELOPER By: By: DISTRICT: ATTEST: NORTH WELD COUNTY WATER DISTRICT By: By: Secretary President sTATE OF COLORADO COUNTY Or ) The foregoing instrument was adchairrI d ed before me:tiis day of 20 ,by ,- ,, . Developer. Witness my hand andlemciai seal. My commission• ex Tres.. Notary Public STATE OF COLORADO -) ss. COUNTY OF WELD ) The foregoingg'instrument was acknowledged before me this day of 20 by as President and as Secretary of North Weld County Water District. Witness my hand and official seal. My commission expires: Notary Public N:1SuDWvMuLoWei.i.:4bxslav(3,44, 1wsremitlor.l4oti}doc 7 AUG-24-2005 WED 10:25 AM WELD CO GOVT FAX NO, 97036Z0L42 V. uOiu • rT KETnERLING.BUTHERIIS&N0RT0N ENGINEERS• S20 itsSTREET PLAZA ,�, GREELEY,CO80631 • ENGINEERS 970-395-9661 FAX TRANSMITTAL TO: Mr. Lee Morrison DATE: Aug_ust 11, 2005 Assistant County Attorney PROJECT NO. _ 915 10th Street FROM: Melanie Foslien,El Greeley,CO 80631 COPIES: _ PHONE: 970-336-7235 FAX: _ SUBJECT: Watershed P.U.D. The items being transmitted are: 0 For Your Approval ❑As Per Your Request ❑ For Your Information 0 For Your Signature ® For Your Review/Comments 0 Other COMMENTS: Please find attached seven(7)pages of a draft copy of the Water Service Agreement for Watershed P.U.D. Mr. Mary Barstow,who is developing this project,has asked for your review and comment. I have also attached one(1)page showing the Vicinity Map. The project has been submitted to the County for Sketch Plan review. Please give us a call with any questions. Thank you. 7/124.1 a le altif:4_44 ..,/fe ret CA amine . iglat:; tAt hied 4PF--91? 2y/bS- W you have any questions or comments regarding the above information please gi us a call. Thank you. WATER SUPPLY INFORMATION SUMMARY Section 30-26-133,(di, C.R.S. requires that the applicant submit to the County,'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. NAME OF DEVELOPMENT AS PROPOSED • UU tick-eV VC ,\ ?(,11 2. LAND USE ACTION c .L h(d LcleAtao e, 3. NAME OF EXISTING PARCEL AS RECORDED CE-2(1)C10 SUBDIVISION FILING BLOCK LOT 4. TOTAL ACREAGE (� 1 5. NUMBER OF LOTS PROPOSED PLAT MAP ENCLOSED YES 6. PARCEL HISTORY Please attach copies of deeds,plats or other evidence or documentation. A. Was parcel recorded with county prier to June 1, 1972? 0 YES h NO B. has the parcel ever been part of a division of land action since June 1, 1972? ALYES 0 NO If yes, describe the previous action - 2V10 7. LOCATION OF PARCEL - Include a map deliniating the project area and tie to a section corner. N G 114 OF 0--)E 1/4 SECTION TOWNSHIP (?) )6.,N ❑ S RANGE 7_❑ E W PRINCIPAL MERIDIAN: X 6TH 0 fy.M. 0 UTE 0 COSTILIA .y9. PLAT - Location of all wells on property must be plotted and permit numbers provided. Surveyors plat 0 Yes 0 No if not, scaled hand drawn sketch 0 Yes 0 No 9. ESTIMATED WATER REQUIREMENTS - Gallons per Gay or Acre Feet per Year 10. WATER SUPPLY SOURCE 0 EXISTING 0 DEVELOPED WELLS SPRING ❑ NEW WELLS • HOUSEHOLD USE # �� of units C) 2- GPO PROPOSED ADUfERs-(CHECK ono • --- I AF WELL PERMIT NUMBERS o ALLUVIAL O UPPER ARAPAHOE C UPPER DANSON O LOWER ARAPAHOE COMMERCIAL USE # of S.F. GPI) AF 10W OAWSON C LARAYIE FOX HILLS 0 DENVER O DAKOTA 0 OTHER IRRIGATION # `— of acres _ GPO AF STOCK WATERING # of head GPO AF 0 MUNICIPAL OTHER O ASS0CIATI0N WATER COURT DECREE CASE GPO AF ❑ DCOMPANY TOTAL 5FjG25 GPO AF NAME North \Nal Wc.k ' LETTER OF COMMITMENT FOR SERVICE 0 YES 0 NO 11. ENGINEER'S WATER SUPPLY REPORT 0 YES ,81 NO IF YES, PLEASE FORWARD WITH THIS FORM. MThis may be rOquind betew our review a compleuda 12. TYPE OF SEWAGE DISPOSAL SYSTEM $SEPTIC TANK/LEACH FIELD 0 CENTRAL SYSTEM . DISTRICT NAME LAGOON 0 VAULT- LOCATION SEWAGE HAULED TO Li ENGINEERED SYSTEM (Attach a copy of eeginuring design) 0 OTHER - - Hello