HomeMy WebLinkAbout20052743 JAN 22 2083 05 : 38 FR XCEL ENERGY 978 395 1224 TO 92849613 P . 01 / 01
Xcel EnergysM
PUBLIC SERVICE COMPANY 15008th Avenue
Greeley,Colorado 80631
January 22, 2003
Mr, Gary Harkless
20126 Jubilee Way
LaSalle, CO 80645
Dear Mr. Harkless;
The estimated cost to serve the eight lot subdivision that you are proposing on WCR-37
is $25,959. This proposal is valid for 120 days and assumes no changes in the current
design.
I have included a transformer at every other property line to be shared by the neighboring
homes. These homes will have to be situated such that they will be within 300' of the
transformers in order for us to insure satisfactory voltage quality. Any deviation from this
requirement will necessitate additional work on our part and additional costs to you.
Sincerely,
Larry E. Homan
Planner
970-395-1238
2005-2743
** TOTAL PAG_E . 01 **
FAITH ESTATES MINOR SUBDIVISION
DESCRIPTION OF THE PROPOSED SEWAGE DISPOSAL SYSTEM
Weld County, Colorado
Septic systems will be designed in accordance with Chapter 30 of the Weld County Code.
For a four-bedroom, single-family, 2,000 sf home (such as those proposed for Faith
Estates), Appendix 30-C of the Weld County Code requires an absorption area between
215-325 sf per bedroom. This equates to septic field sizes ranging from 860 sf to 1,300
sf. Given the large lot sizes of those proposed for this subdivision, adequate space is
available for this size leach field.
Additionally, according to Appendix 30-A of the Weld County Code, a single-family
dwelling will produce 75 gallons/person/day.
Finally, RE050715, issued by the Weld County Board of County Commissioners, states
in Section 2C in the "Reasons for Approval" that "The Weld County Department of
Public Health and Environment has reviewed this proposal and has indicated the
applicant has satisfied Chapter 24 of the Weld County Code in regard to water and
sewer service. Sewer will be provided by Individual Sewage Disposal Systems
(I.S.D.S.) and the overall density meets the current Department policy. Each lot for the
proposed Minor Subdivision shall have an I.S.D.S. installed per the Weld County
Department of Public Health and Environment requirements and specifications."
Pickett Engineering,Inc. Page 1 of I
June 23,2005
PEI No.03-066
OCT Ea 2003 ! 3 : 36 FR @WEST FT . COLLINS 970 3'7 6435 919703565'22 P . 01 /01
5351 East^:cak 0,Ave
Fort Coffins,GO 53323
Qwest.
QWEST •
3351 Eastbrook Dr.
Fort Collins, CO. 30525
October 28,2003
Subject: Telephone facilities to planned proposed development.
Attn: Gary Harkless
QWEST will p:vide service to your planned i proposed development,Faith Estates in Greeley
Colorado. Provisioning the service will be in accordance with tariffs on file at the
Colorado Public Utilities Commission. I will need a final plat with measurements, easements_ addresses,
your phasing plan, and a trench plan before I oan have this engineered. If there are any further questions.
or ill can provide any assistance,please contact me on 970-377-6406.
The estimated cost to the developer is $1791.67 for 2075' of cable and the associated equipment
required for installation within the subdivision.
Sincerely,
;1:4<-/ „
Carole A. Veysey
Senior Design Engineer I.DA's
USA
Proof soeum
FA� T Pickett Engineering, Inc.
1XX PE808 8th Street
C Greeley, Colorado 80631
PICKETT
ENCYIEERINC,INC
Date 6/8/2005
Number of pages including cover sheet 1
Pickett Engineering Proj.No. 03-066
Re: Faith Estates
To: From:
Michelle Martin FAXEDR. Sean Phipps, PE
Weld County Planning
Fax# (970)304-6498
Phone# 970/356-6362
cc: Gary Harkless 356-2722 970/356-6486
''� ` Fax#
REMARKS:
❑ Urgent ® For your review ❑ Reply ASAP ❑ Please comment
r
Michelle,
Ioana Comaniciu with the Office of the State Engineer has responded to the letter faxed to her on
June 7, 2005. This morning she left me the following message via voice mail:
"Basically, if you are going to the final plat for the subdivision, and [there are] no changes
from the previous supply plan, then I believe you don't have to submit anything; if the
county really wants us to review, again, the final plat, we can do that, but, again, as I said,
if[there are] no changes from the previous supply plan, I don't see the point of sending
another letter to the county, since we already commented on the water supply and also on
the fire-fighting well."
The state office commented on the water supply from the North Weld County Water District in
their June 14, 2004, letter, stating that "there is expected to be satisfactory water supply and can be
provided without causing material injury to existing water rights." They commented on the water
supply from the fire well in their March 17, 2005, letter, stating that"the proposed fire-fighting
well will not cause material injury to decreed water rights, provided the well is operated only for
fire-fighting purposes and provided the well will be capped and locked at all other times."
Based on the comments in these letters and Ioana's voice mail response to our June 7, 2005, letter,
I believe the water supply summary information we will attach to the Final Plat submittal will be
sufficient for their final review. Please contact me if you have any questions or comments.
i- Thank you.
BOARD OF DIRECTORS I NORTH WELD COUNTY WATER DISTRICT
CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE, CO 80646
,rALPH PRIOR
JHN JOHNSON117L DON POSSELT, DISTRICT MANAGER
CE BUCK RINEHART P.O. BOX 56 • PHONE (970) 356-3020 • FAX(970)395-0997
NELS NELSON
www.nwcwd.org • e-mail: water@nwcwd.org
TRANSMITTAL
June 15, 2005 �C")
To: Pickett Engineering From: North Weld County Water District
Attn: Sean Phipps P.O. Box 56
33247 Hwy 85
Lucerne, CO 80646
Faith Estates Minor Subdivision
Enclosed is a copy of the revised Water Service Agreement for the Faith Estates Minor Subdivision. Please
review and call if you have any questions or concerns. The signature page has been withheld from the
agreement. Please have Mr. Harkless stop by our office at his convenience to sign and submit payment for the
initial review and infrastructure fees for $395.00.
If you have any questions, please call Alan Overton at (970) 356-3020.
Thank You
BOARD OF DIRECTORS 7 NORTH WELD COI"`ITY WATER DISTRICT
. GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE.CO 80646
ROBERTARNBRECHT ;`•a-^"
CHARLES ACHZIGER _ DON POSSELT, DISTRICT MANAGER
RALPH PRIOR _
JOHN JOHNSON P.O. BOX 56 • PHONE (970)356-3020 • FAX(970)395-0997
e-male water@nwcwd.0r0
Office of the State Engineer _vL , E'
Attn:Jeff Deatherage
Division of Water Resources
1313 Sherman Street, Room 818 MAY 1 0 2004
Denver,CO 80203
Re: Water Supply Report for North Weld County Water District ,.C,..'
North Weld County Water District Water Rights Ownership
Colorado Big Thompson -..— .--...
• a of Units 1979a I Avg.A-F/Share 0.7 I I Firm A-F i Snare 0.5 •
Omer Waters
Norm Poudre Irrigation Company I
8 o Shares 671 1 1 Avg.A-F/Snare 3.5 l I Firm A-F I Snare 2.5
Divide Canal B Reservoir Company
a of Snaresl47 I I Avg.A-F/Sharel1.02 I I Firm A-F/Sharel0.65
Water Supply 8 Storage
it
H of Shares 7.5 I I Avg.A-F/Sharel84 I I Firm A-F/Spare)58 r
•
Demand Vs. Supply
Al units in 1.000 33500
DEMAND Average Water Available Firm Yield(Drought)Water
Available
Davie;Current
DetiveryReguvements 935.654 CBI 865.400 CDT 618.143
Moltionat Safely
Factor of 1.3 280.660 NPIC 765.266 NPIC 546.613
Committed Additional'
Taps IAPprox.250) 57,000 Divide Canal 15.621 Divide Canal 9.955
WS&S 205287 WS85 136858
Total Demand 1,273,351 Average Supply 1,851,575 Drought Supply 1,311,575
Excess Supply 578,224 Exeese Supply 38,224
Equivalent I of Additional Taps that water could provide: 2,536 168
1I :rr C. t '
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?ht=✓J Cut . ...:.+.,:tl.._, - t ti Gy, -- it IA ',
WATER SERVICE AGREEMENT
(DEVELOPMENTS - SINGLE SYSTEM)
THIS AGREEMENT is made and entered into as of the 131b day of Jug
2005, by and between the North Weld County Water District, acting by and through the
North Weld County Water District Enterprise (hereinafter "District") and Gary Harkless,
(hereinafter "Developer'), of Faith Estates 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 Faith Estates Minor
Subdivision, located in Part of the Southeast Quarter(SE Y.) of Section 13, Township 6
North, Range 66 West of the 6th Principal Meridian, State of Colorado, County of Weld
and known as Lot B of RE-2641, Parcel#080513000036 in the Weld County Records;
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 Town as
follows:
ARTICLE 1 •
WATER SUPPLY/FACILITIES
1.1 The District shall furnish Development a customary supply of water for a
total of nine (9) individual Single-Family residential taps("Residential Tap"). Lot 6 will
be supplied water from an existing service, account number 3058001. 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 (CBT) 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 fumished 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,
P\Subdivisions\aithEstatesMinonWSA(8-O3-05)doc
1
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, 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 restricters,
etc.
1.5 The District estimates the water supply to have a normal pressure range
of Sixty(60)to eighty(80)pounds per square inch (psi). The maximum pressure that
will be supplied to any Tap may be as great as ninety-five (95)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, all engineering and construction
plans and materials of all Water Lines within any Development or Water Lines leading to
the Development. The Developer shall be responsible for payment of the total cost of
the construction for Water Lines within the Development(or Water Lines that are
necessary to serve the Development)that will serve the Taps. 'Water Lines", means all
lines which carry water to the meter vault(s)within the Development.
2.2 From the meter to the structure or lot being served with water,water will
be delivered through private service lines which are installed by the Developer or Lot
Owner, and for which the District has no responsibility or liability.
2.3 After the Developer has installed and constructed the Water Lines,the
Developer will be required to submit a letter of receipt of the value of the Water Lines.
The District will verify and review the construction and submittal of value of waterlines,
and when such has been approved by the District, 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 existing Water Line may be accessed
and has available capacity and pressure to serve the Development.
2.4 For all Water Lines located within the Development's roadway or
utility/waterline easements,future repair of paving or other improved surfaces
subsequent to the initial 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 backfill 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.
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2
2.6 Pursuant to this Agreement,the fees, expenses and charges for a water
^ Tap consist of:
(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 2.11;
(4) Mileage Charge pursuant to Paragraph 2.12; and
(5) Raw Water or Cash in Lieu Fee as provided in Paragraph 2.13;
(6) Raw Water Storage Fee as provided in Paragraph 2.13.2; and
(7) Meter Fee as provided pursuant to Paragraph 2.16.
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 providing water service to any Tap within the Development. Except as
provided in 7.1, if the total fees,expenses and charges are not paid, all prior fees,
expenses and charges paid by the Developer for 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.
2.7 The Raw Water or Cash in Lieu Fee, Plant Investment Fee, and Mileage
Charge must be completed and fulfilled jointly before the District provides any water
service. Once these fees have been paid or completed, the Developer or Lot Owner will
then have one (1)year to pay for and have the meter set. Upon installation of the
meter, or, after one(1)year of payment of these referenced fees,the District shall
commence billing the Developer or Lot Owner a Minimum Monthly Charge in
accordance with the policies the District then in effect. The Minimum Monthly Charge
shall apply whether or not any water is taken through the Tap.
2.8 The District will be expending resources for review and inspection of the
Development including but not limited to engineering review,Water Line inspection,
surveying, bacteriological testing, and pressure testing of the Water Line constructed for
the development. The Developer will be required to reimburse the District for such
expenses and shall be known as the"Review and Inspection Fee". The Review and
Inspection Fee shall be solely determined by the District, and for this Development said
fee shall be the sum of$4,250.00. A portion of this payment determined to be$180.°°of
said Fee shall be paid by the Developer and payment shall be made upon execution of
this Agreement and the remainder$4,070.0°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 Review and Inspection
Fee, as established in this Paragraph 2.8 is non-refundable.
2.9 The District may be constructing substantial Infrastructure, including but
not limited to providing connection to the existing waterline located at the intersection of
Hwy 392 and WCR 37 and installation of an eight-inch (8")gate valve and stub-out for
the Developer. 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$4,300.0°. A portion of this payment
determined to be$2159°of said Fee shall be paid by the Developer and payment shall
be made upon execution of this Agreement and the remainder$4,085.00 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 2.10 is non-
refundable.
PASubdrisionsffaiNEstaksMinMwSA(G1305).doc 3
2.10 In addition to the Infrastructure Enhancement Fee,the Developer will be
required to construct a waterline from the District's connection point located at Hwy 392
&WCR 37 to the Development's main entry. Said waterline shall be a minimum of
eight-inches (8") in diameter, approximately 2,300-feet in length and will include but not
be limited to isolation valves, pressure are release vault(s), a bore with casing under the
Greeley No. 2 Irrigation Ditch, and fire hydrant(s)or flushing device(s). For the
installation and construction of this new waterline, Developer will provide to District
professional engineered plans with all specifications which District will review and
approve prior to commencement of construction. Once the District has approved the
plans, Developer will commence construction which will be subject to review and
inspection by District to insure that all specifications and requirements of District are
met.
2.10.1 The District reserves the right to oversize such waterline. The Developer
shall inform the District sixty(60)days in advance before executing a contract to
construct the waterline hereinafter"Notice to Proceed Date". The District shall then
have until the Notice to Proceed Date to agree by a"letter of understanding"to
participate with the Developer to oversize the waterline. The District shall pay for the
increase of costs for parts and materials for such oversizing. Additionally the District will
pay for additional labor costs, such payment shall be$0.50 per foot per inch of
increased diameter of the waterline. For example increasing from 8"to 16"would be
$4.00 per foot for increased labor costs plus the additional cost of materials. The
District shall make payment for such over-sizing in two equal payments, with the first
payment of 50%on or before the Notice to Proceed Date and the second payment of
50% upon final completion and conditional acceptance of the waterline by the District.
2.11 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.
2.12 The Developer or Lot Owner will be responsible for making payment of the
"Mileage Charge". Said payment shall be made prior to the issuance of any building
permit or the setting of a water meter, 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 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 initially 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.
2.13 The"Raw Water or Cash In Lieu Fee"requirement for this Development
shall be met by payment of"Cash in Lieu". The Developer or Lot Owner will be
responsible for making payment of this 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 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 payment.
2.13.1 At the sole discretion of District, the District may allow the Developer to
dedicate Raw Water to fulfill the raw water requirement. The raw water requirement for
P:15ubdivisions\FaihEstatesMinwlw$A(&13-05).doc 4
a Residential Tap being a single family residence on one (1) lot shall be the dedication
of at least one (1)Unit of Colorado Big Thompson (CBT)project water per Tap, or at
least one(1)share of North Poudre Irrigation Company(NPIC)stock for every four(4)
residential Taps.
•
2.13.2 In addition to the dedication of the Raw Water, the Developer shall be
responsible for a Raw Water Storage Fee as determined by District. The Raw Water
Storage Fee shall be applied once for each Unit of CBT or four times per share of NPIC
that is dedicated to the District. The Raw Water Storage Fee payment shall be made in
conjunction with the dedication of the Raw Water.
•
2.14 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 all 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.
2.15 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.
2.16 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, 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 application,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 for development activities in
the Weld 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 Weld County. Developer
understands that District is not responsible for compliance with any such FPD or Weld
• County requirements and such requirements are the sole responsibility of Developer,
FPD and/or Weld 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 provision of this Article 3
and any other provisions or requirements deemed necessary by District, in its sole
discretion.
3.3 Developer shall provide to the District, FPD and Weld 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,Weld
County and/or FPD.
PMSubdivisions\FaithEstatesMinonwffi(613-05)doc
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3.4 Upon final approval of the plans and design by District,Weld County and
FPD, Developer shall be responsible for installation of the same including ail 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, Weld County and
FPD, District will thereafter assume the responsibility of 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 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
Development.
3.5 As 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 facilities. 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.
ARTICLE 4
PETITION OF INCLUSION
4.1 If determined to be necessary by District, tho Developer agrees to sign
and execute a standard Petition of Inclusion, Exhibit"B",
ARTICLE 5
EASEMENTS AND RIGHTS-OF-WAY
•
5.1 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.
5.2 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 6
DUAL WATER(IRRIGATION) SYSTEM
6.1 This Agreement is for a single system water service which means that one
(1)system provides water for all water usage within Faith Estates Minor Subdivision.
Neither the Developer or any Lot Owner will construct, install or use a secondary or
alternative water system within Faith Estates Minor Subdivision without an amendment
to this Agreement to insure proper installation, use and connection of a dual water
system. For any breach of this provision, District shall have the right to 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.
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ARTICLE 7
MISCELLANEOUS
7.1 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 July,2006,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 98%of costs and expenses paid pursuant to
Article 2.11, 2.12 and 2.13 if such refund is applied for within one(1)year of the
payment made to the District. The 2% retention by the District shall be considered as
administrative expenses. All or any portion of costs or expenses the Developer incurred
pursuant to Articles 2.1, 2.8, 2.9 and 2.16 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.
•
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