HomeMy WebLinkAbout20072113.tiff TEAM Engineering
3468 Shallow Pond Drive
Fort Collins, CO 80528
(970) 231-9937
April 23, 2007
Mr. Bruce Barker, Weld County Attorney
915 10th Street
Greeley, CO 80632
RE: Serenity View Estates P.U.D. (PZ-1131)
Owner: Bob Buderus Parcel No. 0705 05 300016
Dear Mr. Barker:
Attached is a draft water agreement for Serenity View Estates P.U.D. located along Weld County
Road 84 in Section 5,T7N, R67W,Weld County, Colorado.
This agreement was prepared by Alan Overton, P.E., District Engineer for the North Weld County
Water District, and is typical of agreements prepared by the District for minor subdivisions in this
area.
Please review this agreement at your earliest convenience. Planning Staff requires a review and
approval of this agreement by the Weld County Attorney's Office prior to submittal of a Change of
Zone application. Please forwad your comments to Kim Ogle and feel free to contact me at (970)
231-9937 if you need additional information.
Sincerely,
Jeff Couch, P.E.
Attachment
Cc: Doug Kindsfater
2007-2113
WATER SERVICE AGREEMENT
(SERENITY VIEW ESTATES PUD-DUAL 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
Robert L.Buderus,(hereinafter"Developer'),of Serenity View Estates 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 District,in order to comply
with the provisions of Section 20,Article X of the Colorado Cdrlstitution and Article 45.1
of Title 37 of the Colorado Revised Statutes,as applicableF'anct...
WHEREAS,the District owns,maintains and operates a system for the storage
of and distribution of potable and irrigation water within Weld County and Larimer
County,Colorado;and
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WHEREAS,the Developer desires to contractwiththeDistrict for certain potable
water supplies and services for the Development known'as Serenity View Estates PUD
located in the South 1/2 of Section 5,Township 7 North,Range 67 West of the 6th
Principal Meridian,County of Weld,Stater-of Colorado;and'.
WHEREAS,Developer intends to plat and/drdevelop 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 hereinafterset forth,it is agreed by and between the District and Developer
as follows:
ARTICLE 1
'POTABLE WATER SUPPLY/FACILITIES
1.1 The District shall furnish Development a customary supply of water for a
total of nine(91:individual Single-Family residential with each having an equivalency of
one-half(1/2),and two(2)Irrigation/Open-Space water tap each having an equivalency
of two(2). The Disttict 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, North Weld County Water District will restrict the delivery as
necessary when the CBT allotment is less than 50%.
1.2 The water to be furnished by the District shall be potable water,which
complies with the Federal Safe Drinking Water Act and any other applicable drinking
water regulations. No promise or guarantee of pressure is made by the District or is to
be implied from anything contained herein.
1.3 The District shall use reasonable diligence to provide a constant and
uninterrupted supply of water,except for interruptions due to:(1)Uncontrollable forces;
(2)Operations or devices installed for water system protection;(3)Maintenance,repair,
replacement,installation of equipment,or investigation and inspection of the water
system,which interruption or reductions are temporary,and in the sole opinion of the
District,if necessary.
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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 seventy five(75)to one hundred ten(110)pounds per square inch(psi). The District
will maintain an average minimum pressure of thirty five(35)psi to any tap. 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 conceming damage from excessive water pressure supplied to the
Development,Tap or lot.
ARTICLE 2
DUAL WATER(IRRIGATION)SUPPLY/FACILITIES
2.1 This Development shall utilize a dual water system!:which means that one
(1)system provides water for potable(also known as domestic, cUtlnary)and a second
separate system shall provide water for irrigation and fire flows, hereinafter Irrigation
System. Both systems shall be owned,operated-and maintained by theDistrict.
2.2 The Developer will be responsible fot.constntction of the on-site facilities
including but not limited to water storage ponds, primping facilities, strainers, backflow
prevention devices, master meters,,,waterlines and associated appurtenances for the
Irrigation System. Such facilities shall be constructed and dedicated to the District in
accordance with Articles 3.
2.3 Based on information provided by the Develpper the District will attempt to
supply up to 40 Acre-Feet of irrigation water annually trite Development. The District
will charge the developmenfforthe purchaseof raw water rights, being North Poudre
Irrigation Company,Stock,on an annual usage base. Such rate shall be determined at
the sole discretion of the-District-
2.4 'Delivery of irrigation water is currently limited by the frequency that the
North Poudre Irrigation.Company is capable of delivering water through the Cactus Hill
Lateral, -Due to such limitations the.Distnct may not be able to provide all 40 Acre-Feet
of imgati[ron,water to the Development on an annual basis. In these instances the
District wilt'deliver potable water through a master meter to the Imgation System. The
District will charge the delivery of potable water to the irrigation system users with
current rates asset forth for potable water delivery.
2.5 If the District encounters a severe drought and raw water limitations are
experienced,the District may limit or shut-off all or a portion of the points of connection
between the irrigation system and the users within the Development. However,the
District will maintain the system to provide fire flows to the development during such
occurrences.
2.6 The District will charge the users of the irrigation system on a volume used
basis. The District shall charge assessments and/or rates as required to operate,
maintain, repair and otherwise manage the irrigation system. Such rate shall be
determined at the sole discretion of the District.
ARTICLE 3
TAPS,LINES AND FEES
3.1 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
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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.
3.2 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.
3.3 The District must approve engineering and construction plans of the Water
Distribution System including all Water Lines,Pumping Stations and appurtenances
before construction. Once the District has approved the final Water Distribution System
construction,the District will conditionally accept the Water Distribution System by
issuance of a conditional acceptance letter(see Exhibit"A"). Two years after
conditional acceptance of the Water Distribution System,subject to final approval by the
District,Developer shall dedicate ownership of the Water Distribution System to the
District. The Developer may use the District's existing Water.Lines to serve the
individual taps,if the District determines in its sole discretion,that the Water Line may
be accessed and has available capacity and pressure to serve the Development.
3.4 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,ciib.and gutter,sidewalk,or
landscaping other than grasses.
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3.5 No water service will be providedto.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.detednined and defined by the District and based upon such
fees,charges and expenses,and water dedication requirements then in effect.
Developer understarideijhat the•amount due forsuch fees,charges and expenses,
and/or water dedication are subjechto change di modification at the sole discretion of
District.
3.Fr Pursuant to this Agreement,the fees,expenses and charges for a potable
water Tapiconsist of;
(1) Plant Investment Fee as provided in Paragraph 3.8;
(2) Mileacre,Charcie pursuant to Paragraph 3.9;and
(3) Raw Water or Cash in Lieu Fee as provided in Paragraph 3.10;
(4) Raw Water Storage Fee as provided in Paragraph 3.10.2;and
The fees,expenses and charges for the new water system(s)consist of:
(5) Review&Inspection Fee as provided in Paragraph 3.11;
(6) Potable Water System Infrastructure Enhancement Fee as determined in
Paragraph 3.12;
(7) Iniqation Water System Infrastructure Enhancement Fee as determined in
Paragraph 3.12.1
(8) Meter Fee(s)as provided pursuant to Paragraph 3.15.
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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.
3.7 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 whichever occurs
earliest,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.
3.8 The Developer or Lot Owner will be responsible formaking 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 InvestmentFee 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 numberinitially established in
Paragraph 1.1,Developer will pay the Plant Investment Fee:foreach new Tap within the
Development at the rate for Plant Investment Fees then in effect.
3.9 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 settingtof.a watermeter,whichever occurs earliest. All Mileage Charges
paid shall be in accordance withrthe 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
beyondthe number initiall testablished in Paragraph 1.1, Developer will pay the
Mileage CEiarge for each new Tap-within the Development at the rate for Mileage
Charge thenf in effect.
3.10 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.
3.10.1 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
a Residential Tap being a single family residence on one(1)lot shall be the dedication
of at least one(1)share of North Poudre Irrigation Company(NPIC)stock for every four
(4)residential Taps.
3.10.2 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.
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3.11 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$2,350.00. 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$2,170.0°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 3.11 is non-refundable.
3.12 The District may be constructing substantial Infrastructure improvements
to the potable water distribution system,including but not limited3a•installation of
approximately 4,150 feet of 14"diameter waterline from the intersection of WCR 84 and
15 along WCR 84 to the eastern property boundary of Serenity.View Estates PUD. The
District has previously agreed with another Developmentfor such:construction. A
portion of these enhancements will be attributable to the Development and a"Potable
Water System Infrastructure Enhancement Fee"will be to ttie.Developer. The
Potable Water System Infrastructure Enhancement Fee shall be solely determined by
the District,and for this Development said fee shall be thesum of$17,000:0°. Said Fee
shall be paid by the Developer and payment shall be made upon execution of this
Agreement. The Potable Water System Infrastructure-Enhancement Fee,as
established in this Paragraph 3.12 is non-refundable.
3.12.1 The District may be constructing substantial mtrastructure improvements
to the irrigation distribution system,including butnot limited tniiistallation of pumping
facilities at Hinkley Lake and associated piping,totieCactus Hill Lateral. A portion of
these enhancements will be attributable to the Development and an"Irrigation Water
System Infrastructure.Fee—will be charged to the Developer. The Irrigation Water
System Infrastructure:Enhancement Fee shall-be solely determined by the District,and
for this Development said fee shall be the sum pt:$9,000.00. Said Fee shall be paid by
the Developer and payment shalt be.made upon execution of this Agreement. The
Irrigation WateltSystem Infrastructure Fee,'as established in this Paragraph 3.12.1 is
non-refundable.
/1-1-
-3:23 The Developer shall provide the District with security,as deemed
acceptable by District,to secure the installation and warranty of the Water Distribution
System withrtsthe Development during the two-year conditional acceptance period.
Said security stialf.cover 25%of all costs for construction of said Water Distribution
System,which shelf be released at the expiration of the two-year warranty period and
upon full acceptance/01111e Water Distribution System 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.
3.14 During the two-year conditional acceptance period,the Developer will be
responsible for any repairs or maintenance of the Development Water Distribution
System 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.
3.15 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 appropriate 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.
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ARTICLE 4
FIRE PROTECTION
4.1 Fire protection is a basic provision required for development activities in
the Weld County far 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.
4.2 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. -
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4.3 Developer shall provide to the District, FPD and Weld County plans and
specifications for fire protection infrastructure,inclSding buh'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.
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4.4 Upon final approval of the plans and design by District,Weld County and
FPD,Developer shall be responsible for installatiomofthe same including all costs
incurred by District to review plans,installation,and inspection of the same by District.
Upon approval of the installation of all such fire facilities by District,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 fortall 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 aifirst and prior lien upon all lots and property in said
Development.
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4.5 ":As additional consideration for this Agreement, Developer understand that
District has nottand 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.
4.6 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 5
PETITION OF INCLUSION
5.1 If determined to be necessary by District,the Developer agrees to sign
and execute a standard Petition of Inclusion,Exhibit"C".
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ARTICLE 6
EASEMENTS AND RIGHTS-OF-WAY
6.1 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.
6.2 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 7
MISCELLANEOUS
7.1 This Agreement is conditional as thefinahplat of the Development has not
yet been approved by Weld County. If the final plat is not approved on ai-before the 1st
day of January,2008,this Agreement can thensbe 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 costa-and expenses paid pursuant to
Article 3.8,3.9 and 3.10 if such refund is applied for within one(1)year of the payment
made to the District. The 2%retention:by_the District shallbe considered as
administrative expenses. All or any portien-of costs or expenses the Developer incurred
pursuant to Articles 3.1,3.11,3.12 and 3.15 straltnot be entitled to a refund of any
amount.
7.2 This Agreement cannot be assigned by Developer without the express
written approval of.Dietrict.
7.3 This Agreement shall inure to and be binding upon the parties hereto and
their heirs,exeeatoes,peiauual representatives,successors and assigns.
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IN WITNESS WHEREOF,the parties have executed this Agreement the day and
year first above written.
DEVELOPER:
By: By:
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By: By:
Secretary President
STATE OF COLORADO )
)ss.
COUNTY OF ) ,,
The foregoing instrument was acknowledged before me this day of
,20 , by
Developer.
Witness my hand and official seal.
My commission expires:
r+ - Notary Public
STATE OF COLORADO )-
)ss.
COUNTY OF WELD. )
The foregoing 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
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