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HomeMy WebLinkAbout20070771 FROM (WED)JAH 17 2007 2:20/ST. 2;27/Wo. 7600000010 P 1 Will Serve Qwest Communications 17-Jan-07 2:35:18 PM 12121 Grant Street Room 281 S3 a-.5 2-a'vs R vn 70Z cP ?pc-NVEo_ , eo po.2.2/ Mastriona,Donna R Tracking # 5092 SUBJECT: Telephone facilities to planned/proposed development. Attn: WOHNRADE CIVIL ENGINEERS INC. 447 t:;YOLANDA GRASS .�.. _-_-- --- tl -t:72,447-c;‘77; - : H. 337 WEST MAIN ST BARRINGTON IL 60T. . . 010 *47.381-2745 Qwest will provide service to your planned/proposed developement: fHOLLIS CROSSING ESTATES PUD r 15 7N r 67W 6TH 1 WELD 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 can have this engineered. If there are any further questions, or if I can provide any assistance,please contact me. Mastriona,Donna R (303)451-2390 (LDA Coordinator) (Phone) Sincerely 2007-0771 _7 POUDRE VALLEY RURAL INC. �oudre • >. E ELECTRIC ASSOCIATION INC. Valley A� P.O. BOX 272550 7649 REA PARKWAY FORT COLLINS, CO 80527-2550 FORT COLLINS, CO 80528 Bus. Phone 970-226-1234 FAX 970-226-2123 800-432-1012 www.pvrea.com January 17, 2007 Whonrade Civil Engineers, Inc. Attn: Yolanda Grass 337 W. Main Street Barrington, IL 60010 RE: PROPERTY LOCATED IN SECTION 15, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6m PM, COUNTY OF WELD, STATE OF COLORADO, HOLLIS CROSSING ESTATES PUD. Yolanda Grass: Poudre Valley Rural Electric Association, Inc. is ready, willing and able to serve all electrical loads within our certificated service territory subject to the Rules and Regulations of Poudre Valley Rural Electric Association. The person (s) signing any contract (s) and or easement (s) grants to the Association the right to ingress and egress for meter readers, tree trimmers, engineers, line personnel, or any agents of the Association for the purpose of reading meters, engineering services, line repair, maintenance, tree trimming and or right-of-way clearing as deemed necessary by the Association. If you have any further questions, please call our office. Sincerely, John R. Thomas Engineering Representative H:\Engineering\2007\JRT\wlabu m READY-ABLE LTR.doc AN EQUAL OPPORTUNITY EMPLOYER Your Touchstone Energy®Partner . ( • NORTI 4 WELD l•( 0UN I`t"WAS l i-k f)Is RIOT CHARLES ACHZICiER 33247 MrdFIW,4V(15 • LUCERNE,CO 80646 - RALPH PRIOR JOHN JOHNSON „, DON POSSULi,DISTRICT MAPIADER • pf SUCK RINtliaR7 „ ^ - NNLu p,F..iSCJN P.O.ilo)(56 • PHONE(970)356-3020 • FM(070)395.0@97 wwa r:wcwd.or0 • e-mail: vmtargnwravd.n,x) TRANSMITTAL • . February 10,2006 To: Christine Frederick From: North Weld County Water District 312 S. I81 Avenue P.O.Fox 56 Ault,CO 80610 33247 Hwy 85 - - - Lucerne,CO 80646 • Re: Fr'ederickPUD • • Enclosed is a DRAFT Water Service Agreement for North Weld County Water District to • provide water service,and lire flown of 1,000 gpm to the Development with a Residual System. • • Pressure of 20psi. • :The following Table will summarize the costa for water service from North Weld County Water District, These costs are current and ARE SUBJECT TO CHANGE WITHOUT NOTIFICATION, . • _ Description of Fee Amount Due _ 'Time of Payment •• Review e&.Inspection Fee $2,500 U -Front Infrastructure Fee — $25,000 _ U -Front • ------ _ S27,500 Total Up-Front _ Plant Investment Fee $7,500 per Lot ®Building Penn it or Water Lot Service Connection Mileage Charge $6O0 per @)Building Permit or Water Service Connection - Cash-In-Lieu of Raw Water .$11,000 per Lot ®Building Permit or Water Service Connection Raw Water Storage Fee $1,000 per Lot @ Building Permit or Water Service Connection Meter Set Fee $900 per Lot Water Service Connection • $21,000 per Lot Total Tap Cost®Water Service Connection • • . Please look over the doouments and if you have any questions give me a call. If everything is acceptable please forward waterline construction plans to the District for review, The District is requiting the internal piping system to be designed with restrained joint pipe for bends,tees and • dead ends rather than thrust blocks. Please contact me before designing the internal waterline to get our current specifications for pipe,services,air releases,hydrants and general design requirements. This will save a lot of time on the design of the waterline. Once the waterline construction plans are approved the District will execute the Water Service Agreement(which . will be needed before final County approval). I have also enclosed our most recent news letter which contains some general information and the Water Supply Report for the State of Colorado Water Resources review. If you have any questions,please contact me. • Sincerely, Man Overton • North Weld County Water District "v:)I`.'t I ;1V t t 1 C C U��i ..Y WM i l:.R U l:-i i It tr,:i- Liv1RLh:;ACh? i:;!'N I 332,x7I•!iGI•IWAY05 • I.l1CliRIdl-,;:OO0840 RALPH PRIOR JOHN JOHNSON DON POS$F_!- HIST'RIC7*MANAGER CC BUCK RINEHAi;r a K% �^ Hh03 Na LSGN P.C.)..Ci.BUX:w6wr't IONC:(070)3Gtt-3020 F/�((97O3 3E)i p9LJ7.nwctv0.orrJ r,•mafl: watel�nwawd.org Office et the Stater Etagineer Attn:Jeff Deatherage February 10,70U0 Ofv(aion of Water Reaouroes • 1313 Sherman Street,Room 1318 Denver,CO S02O3 Re: Water Supply Report for North Weld County Water Ol9hiot North Weld County Water District Water Rithta Ownership Colorado tit Thampean —""`�'�""' -�—� �of Units 37t gm A r/Share 0.5 __..,�,,..�.,., Ate' �t�..�rP.—,.:.7�.,.._-...,...._- r Nora Pauclrn(rrTpalfon 0oinpony__��` `- ^� • - — ufClea r9.A ! WA . J i i r firm A i ittihara 2.6 Water, rppty&Stun a --•-,^•^- .. .. _. ......_ ol3harel 7,75 1 [ Avg.A-F/84°11 04 �Divide Candt&ttaseryojr Company Claes"A" � H otWar j47 TT`--Ali. A•F/Share I F17 DlvrBe Canal&Ae3rrvoir Company_.Close"O" M #0 res ass Av .A- 1 Shareralft FT—F'mt A-F!t3hare$,07 ' John R.Hrown bii ch --- -- #of illtaree[1 ��` —""T' Avg. 1 ghare 32 [ L t n A-F 19hare 28 rivP Junor Water R ht ft of$hares A- Sharp 131"—" i 1 Firm -Pi Shares t ,� Demand Vs.Supply Alf unite M 1,000 Wiens DEMAND Average Water Available Firm Yield(Brought)Water Available Diablo'Curren) Dollyery Reccuhemenle 970,436 GOT 443,0 L COT g02,82tt Aclefiennid Safety rector of 1.1 971644 NPIC 788,687 NPR.: 649,082 Oomm lied AddlUonar --_ Tape(Approx.atm_ 163,800 W8&8 212,190 W8&8 141420 - r Chide Canal'A" . 20,639 . Divida Canal"A" 0 Divide Canal'D" 42,2411 , Alvde Canal"8" 40,002 1 John R.Brown ,_ 10,427 40110 Ft HFutvn 0 450 I'VP Junior Water PVPJunior Water --- _ RIO t 42,687 it ht 0 __ Total Demand 1,2e17,efe Average Supply 1,040,ns Drought Supply 1,342,022 Excess Supply 680,000 Exam Supply 74,943 EquIvarem OM Additlunat T1pra that water could provide: 2,984 320 WATER SERVICE AGREEMENT (Frederick KM SINGLE ;YSTEki) THIS ACREFMENT is m irie and entered into at of the dory 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 Christine R. Frederick, (hereinafter "Developer'), of Frederick 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 ':'t in order to comply with the provisions of Section 20,Article X of the Colorado A:• stitutk)n and Article 45.1 of Title 37 of the Colorado Revised Statutes,as applicab WHEREAS,the District owns, maintains am ryes a sy `for the storage of and distribution of potable water within Weld G y atnd Latimer `, 9 and y :. . Colorado; WHEREAS, the Developer desires to con i t1i13Oiatrict for c �� potable water supplies and services for the Development kn a Frederick PUD,Lot C of Recorded Exemption#3058, being a rtion of land wt ection 15,Township 7 North, Range 67 West of the e"' Prtn ridian,Coun Weld,State of Colorado; and se- WHEREAS,Devote er intends to t lo more than three residential lots which will require re, "': ;; of raw wa and/or p rant of cash in lieu of raw water dedication in .rdan�'-) nth the to of this Agreement; NOW,T hERt ` i r,y•, sideratbn '�e premises and the covenants and agreements h after ."� ; ";`` and between the District follows: and Town as PARTICLE 1 r. f WAT SUPPLY/FACILITIES 1.1 ,; y`District :;j it furnish Development a customary supply of water for a total of nine(9) idual ngie-Family residential. The District currently supplies the Lot C or RE3058 =' s ccount number x#205(00 )which shall be assigned to proposed Lot 2. Th -'strict shall furnish 70%of an acre foot(228,000 gallons)of water per equivalent tap p&annual water year, If the allotment for Colorado-Big Thompson (CBT)project water,which is determined by the Northern Colorado Water Conservancy Dlstrlot Is 50% or greater, North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 60%. 1.2 The water to be furnished by the District shall be potable water,which compiles 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. .P'seere deeeree eepuree$A(07--10 e6 ee 1.4 The eletrict ,N;all instal!,own, rel?air and maintain,+ meter vault at each indtvl(firal lam within tare few toprnent in which•tt)o District shall Insist!equiprnent FIB deemed ne cessere lie:luering but not lirnited to meters, reading dsveers,flow ror,trlcter% etc. 1,5., The District eetrmates the water supply to have a normal pressure range of forty five(45)to,sixty five (&a)pounds per square inch (psi). The District wit? 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 au great as ninety rive(96)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 livability or claims that may be made nrualnet the District concerning damage from excessive water pressure supplied to the Development, Tap or lot. ARTICLE 2 TAPS, L1NES AND FEES 2.1 The District must approve, in writing,all e. lee nd construction l & plans and materials of all Water Lines within any Dem tent o er Lines leading to the Development. The Developer shall be reepon 'f er payment total cost of the construction for Water Lines within the Dev:•,frnent(or Water Lin t are necessary to sere the Development)that wi .> '°,,a the •.�.a, 'Water L erfteane afi lines which carry water to the meter vault(s)with 1y, D e ment• E< v> i 2.2 From the meter to the cture or lot bees; erved with water,water wilt be delivered through private service hlcti are inst y? by the Developer or Lot the District has Owner, and for which �',"-��'�� sibilfty or li: ' •° 2.3 The District must approve ;° .Ines `,;; • 'traction plans of all Water Lines before constructi() • ur e the Distr' r app �" the final Water Line construction, the Dia '%+ ;>�atonally a• pt the ter Lines by issuance of a conditional accept r.;;" letter °,.. Exhibit"A 'r Two years after conditional acceptance of the taster Line:,a ; t to iii I approval b':; District, Developer shall dedicate ownership of the Water';:,;: . ;' :,, 'ct, Developer may use the District's existing W to se';;;;; ,e n •:ps, if the District determines in its sole discreticlehat r Lin:`:?: be accessed and has available capacity and press to serve the lop .y,\ 2. • 'or all Wate nes I crated within the Development's roadway or utility/water asements tune repair of paving or other improved surfaces subsequent to nitial in llatlon of any Water Line shall be the responsibility of the Developer, I-tom er ssoclation,or current owner of the Right-Of-Way. 'The District will repair a ckfill the trench to the surface but will not rebuild any surface improvements, inclu ng but not limited to pavement,curb and putter,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 shell 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, r. .P:49ubdivklanaMde ickPUANWSA(02-f 0.06),doc 2..6 Pursuant to thin Agreement, the fees,oulx rnf;e and the ges for a water fan consist of: (1) Reyieteee.Insp ctigrt,Frye as provided in i-'aragraph 2.8; (2) Ir+!`r.antn.rc:l,ureCrrheneeinrint Fpr3 as det wmir►ed in Paragraph 2..9; (3) plant_lnveetreent Fern as provides{in Paragraph 2.10; (4) Milesxt9. gene pursuant to Paragraph 2.11; and (5) Rtaw_Water_orCe h le lieu Foe as provided in Paragraph 2.12; (6) Raw WaterStgra_ge Fee as provided in Paragraph 2.,12.2;and (7) Meter Fee as provided pursuant to Paragraph 2. Notwithstanding anything to the contrary herein,lie. of olt fees, experisee and charges as established pursuant to this Agreemen >i,ell ondltion precedent to the District providing water service to any Tap wit Deve ' provided in 7,1, if the total fees, expenses and ch; - e'nrat paid?�nt. Except as rior fees,expenses and charges paid by the Developer fgt^Elny improvements y the Developer shall be considered as forfeited tc, istrict it liquidated dra . tett as accurate calculation and determination of darned pule be possible e . 2.7 The Raw Water or Ca. in Lieu Fee, Pt vestment Fee, and Mileage Charge must be completed and fulfill:;'.;,, tly before th riot provides any water service. Once these fees have been "'?^;.,. pleted, then have one(1)year to pay for arid h'a{' ?� r set, U instal Owner will installation of the meter,or, after one 1 pa yment}year of p yment o tita,=-. : , -r fees whichever occurs earliest,the District shat once bilIIn.;r;.`seveio �'•r Lot Owner a Minimum Monthly Charge Ina ith the poi'?_:s the Di ' ict then in effect. The Minimum Monthly Charge s ply w er or not a .water Is taken through the Tap. sle 2.8 The Dlstre r urces for review and inspection of the Developm g bu Iirni eering review,Water Line inspection, surveyi ° ace I to ,and pressure testing of the Water Line constructed for the d ' opment. Th .. clop a required to reimburse the District for such ex , nd shall be . n as eview end Inepertiee ". The Review and Inspeativ shallbe s deb nlneti by the District, and for this Development said fee shall be. urn of$2, 0.00. A portion of this payment determined to be$'180.00 of said has be id by t Developer on January 18 ,2006,and the remainder $2,320.00 of se' b cads prior to commencement of construction of Water Lines that will serve the lament,or the Issuance of any building permit,whichever occurs earliest. Th evlew 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 connection to connection to 16"waterline in WCR 80 and installation of valves and other appurtenances. A portion of these enhancements will be attributable to the Development and an " ifr When�e willcharged to Developer. The infrastructure Enhancement Fee shall be solely dete e rm ned by the District, and for this Development said fee shall be the sum of$25,000.00 A portion of this payment determined to be$1,250.00 of said Fee shall be paid by the Developer and payment shall be made upon execution of this Agreement and the remainder $23,750.00 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. 2.t0 The i"•Eeivelopaarer Lot(Owner will be responeibie for m;.akinej payment of the "PPlanU.yeetre ►r i-e o". Said payment sleet ha rrei:ie prior to the issuance of any building permit or the!geeing rif a water rooter,whichever occurs oeirllest. All Pieri! investment Peers paid ehail he in accordance with the Plant Investment Foe as estahli9heci by the District and in effect et the time of the payment. No portion of the Plant investment Foe 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 Tape in the Development is later decree,sad or unsold. However, if the number of lots anti/or Taps increases beyond the number initially established in Paragraph 1.1, Developer will pay the Plant Investment Foe for each new Tssp 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 "Mileep g,,ha gee". Said payment shall be made prior to the Issuance of any building permit or the setting of a water meter,whichever occurs earliest. Afi Mileage Charges paid shall be in accordance with the Mileage Charge as establiy the District and in effect at the time of the payment. No portion of the Miles hargs.shall be returned or refunded once established pursuant to this Agreement, Development is approved by Weld County,even if the number of lots at r'T the Development is later decreased or unsold. However, if the number c o and/or' !nemeses beyond the number initially estuhllshed In Parage . bevelope . ay the Mileage Charge for each new lap within the D oprnent at the rate jleage Charge then in effect. •Y, .. 2.12 The"Raw eVeter or Cash In LieuEee anent for this Development shall be met by payment of"Cash in lee'. The Dove or Lot Owner will be responsible for making payment of th Said pay all be made prior to the issuance of any building permit or the a water m :lchever occurs • earliest. All Cash In Lieu Fees paid sh be • dance the Cash En Lieu Fee as established by the District and in effect a a t .• • 2.12.1 At the Ion of Diet �t,the Dls ct may allow the Developer to dedicate Raw Wat fulfill t w water re lrement, The raw water requirement for a Residential Tan _e i±sings welly reside aen one (1)lot shall be the dedication of at least one(1)Unit pm n(CBT)project water per Tap,or at least one(' • •No dt' Company(NPIC)stock for every four(4) residpn aps. ,,.2 in addltio • the d' ration of the Raw Water,the Developer shall be responsli • r a Flaw_ for t: fate as determined by District. The Raw Water Storage Fe=f?.:!I babe appii once for each Unit of CBT or four times per share of NPIC that is dedica _ the Di ,ct, The Raw Water Storage Fee payment shall be made In conjunction with �,. 'on of the Raw Water. 2.13 The D. eloper 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 26%of all costs for construction of said Water Lines,which shall be released at the expiration of the Iwo-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. lest,loth vi siona1Frederi ckPUA\w SA(02-r o-061.Aoc 2.15 Prior to a meteor being;yet and water service doing peavided {t or for any Tarr, this Developer or parcel owner shalt be required to rompiete the ESstrict's rep application forms, pay the Meter Fee, and pay any remaining fees,expenses and ee— charges•;, if any', in accordance with than policies and procedures of the District at the time of any Tap application, or any other expenses or costa that may be Incurred by the District in relation to the Development. ARTICLE 3 t=ire_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('TFD")which has its own polities, procedures and requirements concerning fire protection which may be in addition to or supplement any requirements imposed by the W nty. Developer understands that District is not responsible for compliance ny .s ch FF'D or Weld County requirements end such requirements are the sole sibillty of Developer, FPD and/or Weld County. Developer further understan . htat ct Is not required to provide fire flows or even allow fire protection device l .uding t limited to hydrants,Water Lines, sprinklers,and valves, to httd`ttii tolled,!nape' , \serviced or provided by District, e 3.2. However,as a courtesy and public ce, .riot will perms veloper to install certain fire protection Infrastructure purse ma provision of this Article 3 end any other provisions or require~ :nts deemed ne ry by District,in its sole discretion. n eid County plans and ` PD a 3.3 Developer shall provide t�i a ? ,.� specifications for fire protection Infrastru re,i {;`<`' •t limited to location and size of Water Lines to s e hydrants - Faciliti Said plans shall be in • accordance with any s and req ements tablished by District,Weld County and/or i=PIZ tee r< t 3.4 Upon fine Ians,rd design by District, Weld County and FPD,Deve be sib lotion of the same including all costs incurre . is sew , Installation, and Inspection of the same by District. • Upon 'royal(Attie ratio (such fire facilities by District,Weld County and FPI t will theme seem a responsibility of effecting maintenance and repairs o h facilities is istri will be compensated for such maintenance and repairs, in tufty, by D toper or Homeowners Association in the Development. Additionally, r _ ' sibility, r all costs of maintenance and repairs shall become a part of covenants the wi e title to all lots and property within the Development,and which shall constit rst 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. • 3.8 All final approvals of this Development must make reference to the responsibility of the Developer or Homeowners Association concerning expenses of maintenance and repaire for the fire facilities pursuant to Paragraph 3.4. • P,L4ubdtvisioneiFredoncicPUD1wSA(02-!0-06}.doc ARTICLE 4 PETITION Dv INCLUSION 4.1 If determined to be necessary by District,the Developer agrees to sign rand execute a standard Petition of Inclusion,Exhibit"ft". ARTICLE 5 EASEMENTS AND RIQHT$.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 pipelines)and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement arid 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. et za 6,2 Additionally,any final development plat mus' jawed and approved by District as to all aspects of Easements and Rightsof� y ter facilities, pipelines and fire facilities. All such items must be diic ed for .•)use and District must approve the final plat. �r . • '�, If ARTI " �s.. DUAL WATER(IRR G . S . M ..0' 6.1 This Agreement is for single system w service which means that one (1)system provides water for ail wat e within Fre ' PUD. Neither the Developer or any Lot Owner will const; (,; :11 or use a S dry or alternative water system within Frederick PUD wit it > ;:,ti;icfinent tt s Agreement to insure proper Installation,use and connection 0 r: du ''5,. ` tit. For any breach of this provision, District shall I ; -: `fie right to di ti•:; nue we. 1 service to the entire Development until an "'-`'' ;r.:.at to this A_a,:ernent h r>been finalized by the District, Developer and/or :,k. . t Qwn�4 t „4 �,r 4:.. miseEL ANEOUS •ei;; This Agr t is etsr: anal as the final plat of the Development has not yet been ved by W n. ount. If the final plat Is not approved on or before the day': • 0_,this Agreement can then be terminated by Developer and the same 'a be co ered null and void. Notwithstanding any language to the contrary, . Deveio �, :tf�.a entitled to a refund of 98%of costs and expenses paid pursuant to Article • ,11 and 2.12 if such refund is applied for within one(1)year of the payment made to he 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. 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. .P.SubdivisioneTradorickPUMWSA(02.10-06Ldoc IN WFI Ne. ;;WFtERLOF,the padias rime executed this Agreurnont the day and year first above written. DEVELOPER: DISTRICT; ATTEST: NORTH WELD COUNTY WATER DISTRICT Secretary President STATE OF COLORADO COUNTY OF_._ ) The foregoing instrument was ed before • 1e day of .20 ,by Developer. ' } Witness my h ,Ial seal. My commi seo' ' .aIres: aNSI •. Notary Public ,;&.. . ti \ • • STATE OF ORADO sa. COUNTY OF W The foregoin lns.trument 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 .P:subdiviei.uviter 1okrue,ws,w2-10-061.Aos Hello