HomeMy WebLinkAbout20080571.tiff •
• CONNELL RESOURCES MAINTENANCE FACILITY
Evidence of Adequate Water Supply
There are water service facilities from both the Town of Windsor and North Weld County Water
District in the vicinity and both entities are capable of serving this site. At this time, we are in
the process of negotiating with the Town of Windsor to provide service to the site. A letter will
be provided from the appropriate agency once it has been obtained.
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2008-0571
. Page 1 of 1
Hannah Hippely
• From: Bruce Barker
Sent: Thursday, May 10, 2007 3:11 PM
To: Hannah Hippely
Subject: USR 1606 Water Agreement
Hannah:
The water agreement for USR 1606 is good to go.
FYI: Attorney Ken Lind is going to be delivering to us a 1 or 2 page summary as to how the fee conditions in the
water agreement works. Should have by next week. It will be generic (apply to all NWCWD applications). I will
send you a copy once I receive it.
Bruce.
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05/10/2007
WATER SERVICE AGREEMENT
(DEVELOPMENT-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
Connell Resources, Inc. (hereinafter "Developer'), of Connell Maintenance Facility,
(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 Connell Maintenance
Facility, located in Southeast Quarter of Section 23,Township 6 North, Range 67 West
of the 61"Principal Meridian, County of Weld, State of Colorado; and
WHEREAS,Developer intends to plat and/or develop a commercial lot 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 one(1)equivalent water tap("Taps")for a commercial application. 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, North Weld County Water District will restrict the delivery as necessary when
the CBT allotment is less than 50%.
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.
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.
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1.5 The District estimates the water supply to have a normal pressure range
of sixty-five(65)to eighty-five(85)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 ninety(90)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 The District must approve engineering and construction plans of all Water
Lines before construction. Once the District has approved the final Water Line
construction,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 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.
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 2.10;
(4) Mileage Charge pursuant to Paragraph 2.11;and
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(5) Raw Water or Cash in Lieu Fee 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, 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 5.1, 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 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.
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$3.820.00. This payment determined to be$20.00 of said Fee
has been paid by the Developer on March 5,2007,and the remainder$3 800.00
of the 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 Developer will be required to construct a waterline from the District's
connection point located at the cul-de-sac of the Willow Springs Subdivision with a 4"
waterline that will run along the northern Connell Resources Property line to a point
easterly of the ditch. The line will then continue in a southwesterly path to the proposed
entrance of the Connell Resources site. The line will then connect to a 2"diameter
waterline in WCR 23.A map has been provided with this Water Service Agreement to
show the proposed location of the waterline and connections. Said waterline shall be a
minimum of four-inches(4")in diameter,approximately 3,900 feet in length and will
include but not be limited to isolation valves, pressure air release vault(s), 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 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
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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 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.
2.12 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.
2.12.1 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)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.
2.12.2 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.
2.13 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 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.
2.14 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.
2.15 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 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.
jnitials:
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ARTICLE 3
PETITION OF INCLUSION
• 3.1 If determined to be necessary by District, the Developer agrees to sign
and execute a standard Petition of Inclusion, Exhibit"B".
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
MISCELLANEOUS
5.1 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
day of , 20_,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 2.10, 2.11 and 2.12 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 2.15 shall not be entitled to a refund of
any amount.
5.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
5.3 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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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:
•
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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• CONNELL RESOURCES MAINTENANCE FACILITY
Evidence of Adequate Sewage Disposal
There are no sewer facilities within 2.5 miles of the site. At this time, we are proposing to
handle the domestic waste with an on-site septic system, which will be permitted through the
county. Waste water from the proposed truck wash and all shop floor drains will be handled by a
proposed lagoon system, which will be permitted through the state.
These systems have not been designed or permitted at this time. Once design and permitting has
been completed, a copy of the permits will be provided.
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