HomeMy WebLinkAbout20061409.tiff CONTRACT FOR ELECTRIC SERVICE
r The undersigned(hereinafter called the"Applicenr)hereby applies for electric service from Poudre Valley Rural Electric Association,Inc.(hereinafter called the
"Association")upon the following terms and conditions:
1.GENERAL
a The Applicant will,when electric energy becomes available,purchase from the Association all electric energy used on the premises described below and will pay for at the
applicable rates and terms In accordance with the'Schedule of Rates for Electricity and Rules and Regulations'(hereinafter called the'Rules and Regulations')as may from
time to time be fled with the Public Utilities Commission of the State of Colorado by Poudre Valley Rural Electric Association.This contract shall continue In force for a minimum
number of years as specified in paragraph 4(c)below from the date service is made available hereunder and said contract shall be automatically renewed on a yearly basis until
cancelled by at least thirty(30)days written notice given by either party to the other,at the addresses specified herein.
b. The minimum monthly or annual charge for electric service,regardless of the kilowatt hours consumed,shall be the higher of the following charges'
1) The minimum specified In the applicable rate schedule.or
21 One and one half percent(1 '1%)of the Association's Investment per month or eighteen percent(18%)of the Association's Investment annually,based upon the actual
estimated cost of constructing and Installing the line extension and facilities necessary to supply the service,or
c. The transformer charge specified in the applicable rate schedule. No agent or representative of the Association has the power to amend.modify,alter or waive any of the
and of nprovisioos effect of the terms of this contract. Any promises,agreements,or representations made by any agent or representative of the Association not herein set forth shall be void
d. Acceptance of this contract by the Association shall constitute a binding agreement between the Applicant and the Association. This contract will not alter the terms of any other
contract between the Applicant and the Association.
Z. RESPONSIBILITY
a. The Applicant will sign separate Application for Service on a form provided and will comply with the Rules and Regulations of the Association.
b. Failure on the part of the Applicant to accept service from the Association or to comply with the Rules and Regulations of the Association,or to perform under the terms and
conditions of this contract shall not relieve the Applicant from making all the payments and performing all the conditions set forth in this contract. In the event the applicant
becomes delinquent in any payments,the applicant will forfeit all construction deposits therefore made,and the Association shell have the option to declare all of the remainder
of the payments due under this contract Immediately due and payable. The Association,at Its option and without further notice,may remove all or pert of the facilities.
c The Association may record this Instrument In the office of the County Clerk and Recorder In the County in which the real estate is situated.
d. This agreement shall be binding upon the successors,legal representatives,heirs,devisees.and assigns of the respective parties hereto.
e The Assodallon shall use reasonable diligence to provide the Applicant with a constant and uninterrupted supply of electric power and energy;but if such supply shall fall or be
interrupted or become defective through acts of God,or the public enemy,or by accident,strikes,labor troubles,or by action of elements or inability to secure tlghbaf-way,or
other permits needed,or any other cause beyond reasonable control of the Association.the Association shall not be liable therefore.
3. RIONTS-0P-WAY
a The Applicant hereby grants and conveys unto the Association the right,privilege and easement to construct,operate and maintain the facilities together with right of ingress and
egress.Including the installation of Association owned locks and/or lock boxes,etc.,as may be necessary to extend,maintain and operate this service.
b. The Applicant hereby gives to the Association without cost or expense,the further right and privilege to cut and trim any trees or shrubbery near said overhead lines supplying
the Applicant,so that adequate and proper service may be extended hereunder.
c, The Applicant further agrees to assist in obtaining needed rights-of-way that may be required to provide service hereunder.
d. The Applicant acknowledges that he/she has been InsWcted to disclose locations of underground obstructions.The Applicant agrees to indemnify the Association against loss or
damage to underground property of the Applicant or to underground property of others on the Applicant's properly,The Association will use reasonable care In locating and
digging holes or trenches for pd anchors or under-ground service but will not be responsible for damage to sewers,water tins or other underground facilities If the exact
location of such underground property can not be determined before construction begins. g
4.CONTRACT PROVISIONS
a. Service will be rendered at the Association's standard voltage, The Association's meter shell constitute the point of delivery to the Applicant and the Applicant will own and
maintain all poles,wires,equipment and other facilities beyond the point of delivery.
b. Service to be furnished under this agreement is to be delivered at a mutually agreed point on the Applicant's premises described below:
Legal Description;
Located in Quarter of Section �_ Townahio 8 N.Ranee 66
W.of B`"P.M in the
County of WELD further described as
SERVICE ADDRESS: X
j BUILDING PERMIT NO.: X
c. This contract shall continue in force for a minimum of TFN years from the date service is made available.
d. Type of Service: ()Permanent (X)Indeterminate ()Temporary
Describe:120/240 VOLT,200-AMP SERVICE WITH METERS LOCATED ON PEDESTALS FOR NINE(9)LOTS. PROPERTY OWNERS WILL FURNISH ALL BREAKERS
IN THE METER PEDESTALS,
Maximum KVA 60 Horsepower
(X) Single Phase () Three Phase () Overhead
(X) Underground
e. Applicable Rate Schedule A-OB
f. The Association hereby acknowledges receipt of the following consideration paid by the Applicant in accordance with the applicable Rules end Regulations:
21220 Ledger Acct.No. Amount Due:S 2661700 Refundable Yes I No(XI
Ladner Acct.No. Amount Due:$ Refundable Yes( 1 No(
Conditions:THE ASSOCIATION SHALL INSTALL,OWN,OPERATE AND MAINTAIN THE UNDERGROUND ELECTRIC DISTRIBUTION FACILITIES TO PROVIDE
ELECTRIC SERVICE TO EACH OF THE LOTS IN THE DEVFI CEMENT THE TERMS OF THIS AGREEMENT SHALT APPI Y TO NINE(911 OTS OF THE
DEVELOPMENT,SAID AREA BEING BOUNDED BY RED ON THE PLAT ATTACHED HERETO AS EXHIBIT"A"AND MADE A PART HEREOF. THE APPLICANT WILL
PAY THE ESTIMATED COST OF THE FACILITIES,NOT TO EXCEED$26,817.00. PLEASE NOTE THE LOCATION OF OUR STAKE,AND ADVISE POUDRE VALLEY
REA OF ANY UNDERGROUND OBSTRUCTIONS.
South Secretly Numbs( MIKE TORGERSON
APPLICANT(S)
N/A
Ovmer Date(s)%
X
(%)Yee litho SIONATUREI3)
Phone NumberN TAG(*)%
87018-7131 ADDRESS 223 NORTH COLLEGE AVENUE
TakenER by
TERRY FIELDING CITY-STATE-ZIP FORT COLLINS,CO 80624
1 ACKNOWLEDGE THAT I HAVE RECEIVED A COPY OF THIS DOCUMENT
• Accepted by POUDRE VALLEY RURAL ELECTRIC ASOCIATION,INC
By Date
Attachments
Rate Schedule W.O.No. 38499 Location No.
ROW Easement ONE - Contract Expiration Date
Purchase of Power Agreement Minimum $1500/MONTWPFR LOT Rate 0 Class 1
Name
Acc1 No.
Other EXHIBIT"A"AND"B"
POUORE VALLEY RURAL ELECTRIC ASSOCIATION,INC.•P.O.BOX 272550 PORT COLLINS,COLORADO a052T-2550•7649 REA PARKWAY,PORT COL •
1-970.225-1234•1400432-1012 2006-1409
RETURN ONE SIGNED COPY TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION•RETAIN ONE COPY FOR YOUR REI
C:t)ocumeMe and Settings lu ickeleonWly DDcwnentst2005lTFIWO 38499 CONTRACT.dot
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.
�'` RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS,that
IX TORGERSONPUD
[Print full name(s)(single,joint, partnership, corporation, incorporated ass'n)j
is (are) the owner(s) of record and for a good and valuable consideration, the receipt of which is hereby
acknowledged,do(es)hereby grant unto Poudre Valley Rural Electric Association,Inc., (Association)a Colorado
Corporation,whose post office address is Fort Collins, Colorado, and essors and assigns,a perpetual
right-of-way easement upon these particularly described lands of the e :.
AN UNDERGROUND UTILITY EASEMENT 10 FEET WIDE,5 FEET Di F POWER LINE CENTER
AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER#
I RECEPTION NO. :C.)
County WELD , Book X ,Page X ,Section 32 ,Township 8 N,Range
66 W,
for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity,
operating,repairing,maintaining,and extending from time to time an overhead and/or underground electric line or
system, including, but not limited to, poles, towers, fixtures, conductors, guy wires, cables, conduits, vaults,
transformers, pads, and enclosures, on, over or under the above-described lands;
And for the purposes of cutting,mowing or trimming,from time to time,trees,bushes and shrubbery located
within 10 feet of the centerline of said line or system and to cut down all dead, weak, leaning or
dangerous trees or limbs in or adjacent to the right-of way as may, in the opinion of the Association, otherwise
endanger the lines or other facilities of the Association.
The undersigned agrees to keep the area within 10 feet of the centerline of said underground or
overhead electric line or system clear of buildings,structures,piles of earth,rubbish,debris or other substances or
materials, and to permit or otherwise agree to the easement and joint use occupancy of other lines or systems;
And grants the Association the right of access for ingress and egress over the lands above-described and
the right to use the roads or trails,whether public,private or dedicated,to install,maintain and use gates and fences
presently installed or as may be installed from time to time:
And further agrees that all facilities installed by or for the Association shall remain the property of the
Association, removable at the option of the Association.
And shall not grant any other easement right-of-way, permit or license upon, under or over said property
without the written consent of the Association. The failure to enforce all or any portion of this Easement by the
Association shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights.
The undersigned warrants that(s)he is(they are)the owner(s) in fee of the above described lands and will
defend the title thereto against all claims, and that said lands are free and clear of encumbrances and liens of
whatsoever character except the fo wing:
MORTGAGE COMPANY NAME'
IN WITNESS WHEREOF the undersigned has set his hand and seal this day of ,
(Owner)
, (Owner)
"? X (Owner)
. . . . . _ . (Owner)
STATE.OF COLORADO )
) ss:
COUNTY OF
X 1. ) The foregoing instrument was acknowledged before me this day of ,
BY OWNER(S)OF RECORD NAME(S)
SEAL My Commission Expires:
Notary Public(NAME)
WORK ORDER# 38499-TF LOC#
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..y(ORK ORDER NUMBER: 38499
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WCR 88
NOT TO SCALE
DRAWING FILE NAME: X21 rlF8 RP_
FIELDING/TORG%A.DWG Es SUBDIV CODE: sal SUBDIVISION NAME MAP NUMBER
POUDRE VALLEY R.E.A. Tat w TORGERSON T8NR66W-32
ELECTRIC DISTRIBUTION
EXHIBIT "B"
The Association will provide said facilities in accordance with its Rules
and Regulations and Line Extension Policies according to the Indeterminate
Service Classification. The Developer will execute a standard Contract for
Electric Service.
The parties therefore agree to the mutual covenants and agreements as follows;
1. The Developer shall provide the Association with an accurate copy of the
final plat of the area to be developed as approved by the Governmental
Subdivision having jurisdiction and as recorded with the Clerk and Recorder
of the Colorado County in which the Development is situated.
2. The Association shall install the facilities described herein in accordance
with good engineering practice after the Developer has established property
lot lines, cut streets, alleys and easements to final grade, construction of
curbs, gutters and paved streets. The Developer shall reimburse the
Association for any expense due to subsequent changes by the Developer.
3. The Association shall not be responsible to the Developer, and the Developer
releases and indemnifies the Association from any claims for personal
injury, property damage, or damages or claims of damages of any kind or
nature that may result from a failure of construction, inadequate
construction or any other cause arising out of this agreement in excess of
any insurance coverage of the Association.
4. If at the time of electric installation, any Water, Sewer and Irrigation
facilities that has not been accepted and or owned by any city, town
district, entity or governing municipality with jurisdiction, then it shall
be the responsibility of the Developer to provide locates for said utilities
for Poudre Valley REA or its Agent(s) . If the Developer does not and or can
not locate said utilities then the Developer shall release Poudre Valley REA
from all damages to these facilities during the installation of the electric
facilities.
5. The Association shall not be considered in default in respect to any
obligation hereunder if prevented from fulfilling such obligation by reason
of uncontrollable forces, the term uncontrollable forces being deemed for
the purposes of this agreement to mean any cause beyond the control of the
Association, including, but not limited to, failure of delivery or supply of
facilities, flood, earthquake, storm, lightning, fire, epidemic, or riot,
civil disturbance; labor disturbance, sabotage, restraint by court or public
authority which by diligence or foresight the Association could not
reasonably been expected to avoid, and failure of Developer, his agents,
employees or contractors to perform required acts.
6. The laws of the State of Colorado shall govern the validity, performance and
enforcement of this Agreement and venue for all actions shall be in Larimer
County, Colorado. The invalidity or unenforceability of any provision of
this Agreement shall not effect or impair any other provision unless
material to the performance of the party. All negotiations, consideration,
representations, and understandings between the parties are incorporated
herein, and may be modified or altered only by agreement in writing by the
parties. The Developer agrees that the provisions of this Agreement may be
specifically enforced in a Court of Competent jurisdiction, and Developer
agrees to pay all costs of any action (including, but not limited to direct
and consequential damages, loss of revenue, attorney fees, court costs,
expert witness fees and other expenses) incurred by the Association to
enforce the agreement and such action shall include but not be limited to a
court action by the Association. Nothing contained herein shall be deemed
or construed by the parties hereto, not by any third party, as creating the
relationship of principal and agent or a partnership or a joint venture
between the parties hereto. Whenever herein the singular number is used,
the same shall include the plural, and neuter gender and shall include the
masculine and feminine genders when the context so requires.
7. The covenants, agreements, and obligations her- k, contained, except as
herein otherwise specifically provided, shall exe•`" . `- o, bind, and inure to
the benefit of the parties hereto and espective personal
representative, successors and assigns. .Ne ty may assign or
transfer all or any part of this agreement wiblibu '�.•r written consent
of the non-assigning party.
W.O.
MOH W.O.O. #N/8N/A
ENGINEERING REPRESENTATIVE: TERRY FIELDING •
INITIAL: X� DATE:
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WATER SERVICE AGREEMENT
(TORGERSON PUD - SINGLE SYSTEM)
THIS AGREEMENT is made and entered into as of the day of
, 20_, by and between the North Weld County Water District, acting by
and through the North Weld County Water District Enterprise (hereinafter"District") and
Mikal S. Torgerson, (hereinafter "Developer'), of Torgerson 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 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 Torgerson PUD, located in
the Part of the Southeast Quarter of Section 32, Township 8 North, Range 66 West of
the 6th Principal Meridian, County of Weld, State of Colorado also known as Lot B of
Recorded Exemption RE-2681, Parcel#055332000038; 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 fumish Development a customary supply of water for a
total of nine(9) individual Single-Family residential taps("Residential Tap"). 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,
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 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 restrictors,
etc.
1.5 The District estimates the water supply to have a normal pressure range
of fifty(50)to seventy(70)pounds per square inch(psi). The maximum pressure that
will be supplied to any Tap may be as great as 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 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;
and after 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.
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;
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(2) Infrastructure Enhancement Fee as determined in Paragraph 2.9;
(3) Plant Investment Fee as provided in Paragraph 2.10;
(4) Mileage Charge pursuant to Paragraph 2.11; and
(5) Raw Water or Cash in Lieu 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 6.1, 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$2,650.00. A portion of this payment determined to be$180.00 of
said Fee has been paid by the Developer on May 17, 2005, the remainder$2,470.°°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 connection to the existing waterline located in the WCR 86 Right-Of-Way
and installation of isolation valve(s)to the Development. A portion of these
enhancements will be attributable to the Development and an "Infrastructure
Enhancement Fee"will be charged to the Developer. The Infrastructure Enhancement
Fee shall be solely determined by the District, and for this Development said fee shall
be the sum of$2,775.0°. A portion of this payment determined to be$175.°°of said Fee
shall be paid by the Developer and payment shall be made upon execution of this
Agreement and the remainder$2,600.u°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.
2.10 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
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Agreement and the Development is approved by Weld County, even if the number of
lots and/or Taps in the Development is later decreased or unsold. However, if the
number of lots and/or Taps increases beyond the number initially established in
Paragraph 1.1, Developer will pay the Plant Investment Fee for each new Tap within the
Development at the rate for Plant Investment Fees then in effect.
2.11 The Developer or Lot Owner will be responsible for 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.
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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.
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 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 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
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.
P:\Subdivisions\Tosgason PUD\WSA(07.20-05).doc
5
4.2 Additionally, any final development plat must be reviewed and approved
by District as to all aspects of Easements and Rights-of-Way for water facilities,
pipelines and fire facilities. All such items must be dedicated for public use and District
must approve the final plat.
ARTICLE 5
DUAL WATER(IRRIGATION)SYSTEM
5.1 This Agreement is for a single system water service which means that one
(1)system provides water for all water usage within Torgerson PUD. Neither the
Developer or any Lot Owner will construct, install or use a secondary or alternative
water system within Torgerson PUD 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.
ARTICLE 6
MISCELLANEOUS
6.1 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 August, 2007 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.
6.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
6.3 This Agreement shall inure to and be binding upon the parties hereto and
their heirs, executors, personal representatives, successors and assigns.
.PASubdivisions\Torgason PUD\WSA(07-20-05).doc
6
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: r _
Secr ary Presi ent
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 .731 day of
ia,.,.ts) 20 ole , by C1,.n.s Lx-,tr as
President and yak_ d nth m.n, as Secretary of North Weld
County Water District.
Witness my hand and official seal.
My commission expires: to- q-zoos
I/ 3`n •.. PUBL\G 0 3
Notary Public 61/ CO
.P:\Subdivisions\Torgerson PUD\WSA(07-20-05).doc
7
ASW
Control Number: CO13430 , -
Job Number: 5221224
Agreement For The Engineering, SP1; t garerwc
Design, Placement And Splicing of Facilities
By Qwest Corporation
THIS AGREEMENT (hereinafter "Agreement" ) is made and entered into this
day of , by and between Qwest
Corporation, a Colorado corporation (hereinafter "Qwest" ) and TORGERSON
BUILDERS (hereinafter "Developer/Builder") .
1. RECITALS
WHEREAS Developer/Builder is undertaking construction of a
development known as TORGERSON MINOR SUBDIVISION (hereinafter
"Development" ) , projected to contain NINE (9) dwellings occupied
within 36 months, which is more fully described as being located in
532, T8N, R66W, 6TH MERIDIAN, AULT exchange, WELD County, State of
COLORADO; and,
WHEREAS Qwest has been requested by Developer/Builder to provide
distribution facilities (hereinafter "Facilities" ) within its
Development prior to the construction of buildings or living units.
Facilities will be adequate to serve NINE (9) lots in Development.
WHEREAS Qwest is willing and agrees to place Facilities, as more
fully described in Exhibit A, attached hereto and incorporated
herein, in accordance with the terms and conditions of this
Agreement and with any applicable Tariffs on file with the Colorado
Public Utilities Commission;
NOW, AND IN CONSIDERATION of the mutual promises and covenants
hereinafter set forth, the parties agree as follows :
2 . DEFINITIONS
Access Line: The telecommunications circuit that extends from the
customer' s termination point in a completed residence to a central
office.
Central Office: A switching unit in a telephone system, providing
service to the general public, having the necessary equipment and
operating arrangements for terminating and interconnecting access
lines .
Distribution Facilities: All telephone plant between the feeder
facilities and the customer' s termination point .
Feeder Facilities: The telephone plant between the central office
and distribution facilities at the Point of Presence (POP) .
Service Lateral : The wiring, conduit and trench between the serving
.-. terminal and the Standard Network Interface (SNI) at the entrance of
a residential dwelling where service terminates.
1
,,.,. Day: as used - herein shall refer to business days, unless otherwise "*
specified.
3 . EASEMENTS
Any easements, rights-of-way or property rights re gg� S t
P Y 4 quire s�v �'��:
within the Development shall be given to Qwest by Developer/Bu% 491rofcr ,=p.'
in writing, in recordable form. Application fees, permit fees or any
other governmental charges, special study costs, any costs incurred
due to unusual conditions (e.g. rock, swamp, asphalt) and overhead
for placing facilities, shall be provided at no charge, with no
restrictions or exceptions, prior to the commencement of any
construction by Qwest . Developer/Builder shall be responsible for
clearing and establishing final grade within six inches throughout
the easement area before Qwest is expected to start construction.
All survey property stakes will be placed by Developer/Builder to
identify the physical location of said easements and rights-of-way
within the Development . Developer/Builder shall be required to
reimburse Qwest for right-of-way costs pursuant to the Agreement . In
the event of re-platting, re-zoning, or change-of-use during the
term of this Agreement, Developer/Builder or its permitted assignees
or successors shall be responsible for any additional relocation or
replacement costs (which costs shall be non-refundable) relating to
affected Facilities.
4. TRENCHING AND SERVICE LATERALS
A. Developer/Builder shall provide trench for backbone, trench and
conduits for service laterals and road crossings, and backfill for
the backbone and service laterals, as shown on Exhibit A, in
accordance with Qwest standards. Developer/Builder shall not be
responsible to furnish conduit from the pedestal to the premises
where the length of same exceeds three hundred (300) feet. As
specified in Section 7 . (Note A. ) , following, the Developer/Builder
is eligible for a trenching and backfill reimbursement.
Developer/Builder shall be responsible, at its sole expense, for
obtaining any permits, licenses, bonds or other consents or
approvals necessary for Qwest to move, park, and maneuver equipment
on the job site, to store tools and materials, to barricade or close
streets, alleys or walks, and to use electric power, water and
sewers, and to dispose of soil within the Development . All permits,
licenses, bonds or other types of approvals shall be in
Developer/Builder' s name and shall not commit Qwest to any
obligations not identified under this Agreement.
Developer/Builder shall take necessary safety precautions as
required by federal, state and local authorities to protect
pedestrian and vehicular traffic in the development, including, but
not limited to, maintenance of adequate warning signs, barricades,
lights, guard fences, walks and bridges.
B. Developer/Builder shall provide a minimum of two (2) business
days notification regarding opening of the trench (See D. 1) . If
Qwest misses the trench date after being provided two business (2)
days advance notification, Qwest will be responsible for re-opening,
backfilling and compacting the trench at Qwest ' s expense. If the
2
Developer/Builder does not provide the minimum two business (2)days t
notice, additional costs for schedule changes or re-opening trench .,€`N
will be the developer's responsibility. ,,,
C. Developer/Builder shall coordinate applicable schedules,` he'
Wee with Qwest ' s representative: $.....
DONNA MASTRIONA
303-451-2390
D. Critical Scheduling Dates: Developer/Builder shall select start
and completion dates for Trench excavation and backfill which are
compatible with Qwest 's engineering, material ordering and
construction schedules.
!". v4,, zr'0;44,Fh y„Date for purposes of the Agreement is on or about
al, ��°�''� g _. li,;vin unit will be
completed no sooner than .- V:` '7 It is the
Developer/Builder's responsibility to promptly notify Qwest of
any and all changes to these dates.
D.2 Developer/Builder shall provide Qwest an addressed, recorded
plat in electronic, digital or written format on
If Qwest does not receive
complete address information the development schedule may be
delayed.
D.3 Developer/Builder shall schedule a pre-construction utility
coordination meeting.
D.4 Qwest shall complete its distribution and feeder facilities
to serve the project on or before thirty (30) days prior to
occupancy of the first living unit as described in this
agreement, changes will be negotiated as amendments to this
agreement.
E. Trench must be maintained by Developer/Builder for a maximum
twenty-four (24) hours after notifying Qwest to allow Qwest adequate
time to place facilities, without interference from other
contractors. Developer/Builder shall provide sufficient backfill to
protect Qwest ' s cable after cable placement. Any changes to the time
limits stated herein must be given prior approval by Qwest 's
authorized representative.
F. If Developer/Builder has not commenced Trench excavation within
ninety (90) days of Start Date, Developer/Builder shall reimburse
Qwest for any and all carrying charges, penalty fees, and shipping
costs related to the storage, return, and reorder of materials
associated with Facilities .
G. Developer/Builder' s Trench and backfill operations shall conform
to the National Electric Safety Code (NESC) and to Qwest ' s approved
job prints and standards. Qwest shall be afforded the opportunity to
inspect all Trench and backfili . All Trenches provided by
Developer/Builder shall be within rights- of-way or the dedicated
easements of the Development and within six inches of final grade.
3
�.., H. In the event Developer/Builder damages Qwest 's Facilities
Developer/Builder shall bear the full expense of repair or
replacement of such damaged Facilities, at Qwest's sole option.
•
I . Developer/Builder shall restore all improved and s' tni t
surfaces to their original condition, in accordance with :Vitt
�^
regulations of the governmental authority having jurisdiction iTpittNitService
development, and shall guarantee said restorations against
settlement or other defects for a period of one year from the date
of final acceptance of the work by Qwest .
J. The parties shall coordinate their construction work.
5. INDEMNITY
Developer/Builder shall indemnify and hold harmless Qwest and its
agents and employees from and against any and all claims, losses,
actions, damages, expenses and all other liabilities, including, but
not limited to, costs and attorneys fees, including the proper
placement of the Trench within the appropriate easement, arising out
of or resulting from the performance or non- performance of
Developer/Builder pursuant to the Agreement, unless directly caused
by negligence of Qwest .
6. CHARGES
Qwest will engineer and design, secure all materials, and provide
the labor necessary to place, splice, and test Facilities in the
Development, using standard Qwest specifications. Qwest will bill
Developers/Builder a NON-REFUNDABLE charge of ONE THOUSAND FOUR
HUNDRED SIXTY-SEVEN DOLLARS AND EIGHTY-NINE CENTS ($1,467.89) for
such services upon execution of this Agreement. Upon construction
completion (i .e. , Ready for Service) , Qwest will reimburse
Developer/Builder ZERO DOLLARS AND ZERO CENTS ($0.00) for
Developer/Builder provided trench and backfill .
Notes :
A. Pursuant to tariff, there is no charge to the
Developer/Builder as long as the Company's cost does not
exceed the Per Lot Cap (specified in tariff) times the number
of lots in the development. If the Company's cost exceeds the
Per Lot Cap times the number of lots in the development, the
Developer/Builder is responsible for the excess cost . If the
Company's cost is less than the Per Lot Cap times the number
of lots in the development, the Company will reimburse the
Developer/Builder for Developer provided trench and backfill .
The trench reimbursement is $79 . 77 per lot, furthermore the
trench reimbursement shall be adjusted so that Company's cost
plus the trench reimbursement does not exceed the Per Lot Cap
times the number of lots in the development.
B. Developer/Builder may request Qwest to provide a good faith
engineering estimate. Qwest will generally provide the
engineering estimate within ten ( 10) business days . A fee for
providing this engineering estimate will be charged to the
Developer/Builder. The fee for the engineering estimate will
be $430 . 00 ; for a project less than 100 lots/dwellings) or
$640 . 00 ( for a project greater than or equal to 100
4
,..� lots/dwellings) . The fee will be applied against the
Developer's/Builder's overall cost of the project identified
in "6. Charges. " v9r
7 . GENERAL CLAUSES t
A. Developer/Builder understands and agrees that the payment m Hitt, Service"
Qwest hereunder is a charge for the cost of providing distribution
facilities in the Development and is not: (1) a deposit for security
for individual customers, or (2) applicable to installation charges
or regular monthly charges or such service as provided in Qwest's
filed tariffs. Developer/Builder shall not represent to any
individual that Developer/Builder' s deposit satisfies any line
extension charge, construction charges which may be payable as
required by tariff, or alleviate any customer' s responsibility to
pay other appropriate charges when required by tariff. Payments made
hereunder to Qwest shall not grant Developer/Builder or any
subscriber any ownership in Facilities OR RESERVE ANY CENTRAL OFFICE
EQUIPMENT OR ANY FEEDER FACILITIES.
B. Qwest reserves the right to construct excess capacity at Qwest's
own expense pursuant to this Agreement. The additional costs of such
excess capacity are not included in the Facility charge stated
above.
C. Qwest will construct excess capacity requested by the
Developer/Builder at the Developer/Builder's expense.
D. Any notices required to be given by either party shall be given
in writing, hand delivered or deposited in the United States mail,
addressed to:
Qwest Corporation TORGERSON BUILDERS
Developer Contact Group ATTN: MICHAEL TORGERSON
700 W. Mineral Avenue, Room NE H31 .28 223 N COLLEGE AV
Littleton, CO 80120 FT COLLINS, CO 80524
1-800-526-3557
Notices shall be effective when hand delivered or postmarked,
whichever is earlier. Either party may change designations pursuant
to this paragraph upon written notice to the other party.
E. This Agreement may not be assigned by Developer/Builder without
the prior written consent of Qwest, which shall not be unreasonably
withheld. Assignment requests to Qwest must be accompanied by a non-
refundable processing fee of $50.00 (fifty dollars) per request .
F. A failure of Qwest to enforce any provision of this Agreement on
any occasion shall not constitute a general waiver of its right to
enforce that or any other provision of this Agreement on any other
occasion.
G. This Agreement shall inure to the benefit of and be binding upon
the successors in interest and permitted assignees of the parties
hereto. If a developer chooses to sell individual lots built under
,.... this agreement, the developer is responsible to communicate
applicable standards to the purchaser or builder if applicable.
5
H. This Agreement may be amended only by a written document signed s`
by both parties. ,w "'
F ..
I . Neither party shall be liable to the other for delays, ' lura--rraINUr
.
performance, loss or damage due to fire, explosion, powe bl a, t
earthquake, volcanic action, nuclear, flood, strike, i i
disturbance, governmental requirements, acts of God, or other (*$ t S'ei!w, '
beyond its control .
J. This Agreement and the obligations of the parties hereunder shall
be construed and governed in accordance with the laws of the state
in which Facilities are provided hereunder.
K. This Agreement is subject to the applicable tariffs filed by
Qwest with the appropriate agency of the state in which Facilities
are provided hereunder. In the event that applicable tariffs are
modified, superseded, or suspended prior to performance by Qwest
hereunder, then this Agreement shall become null and void, and the
parties may elect to enter into a new agreement to conform to such
new tariffs.
L. All claims arising out of this Agreement shall be resolved by
arbitration in accordance with the then current rules of the
American Arbitration Association. The arbitration shall be conducted
by a single arbitrator engaged in the practice of law. The
arbitrator's decision and award shall be final and binding and may
be entered in any court with jurisdiction.
"� M. Developer/Builder agrees not to enter into an exclusive
promotional arrangement with another local provider of
telecommunications services for a period of thirty-six (36) months
after the execution of this Agreement. Nothing in this Agreement
affects the right of any end user customer within the Development to
select the end user' s telecommunication services providers) of
choice.
IN WITNESS WHEREOF, the parties have executed this Agreement effective
the day and year appearing on the first page of this Agreement .
Qwest Corporation
By
, Manager
(DEVELOPER/BUILDER)
By
Title
ATTEST/WITNESS
6
•
— "o•g1TA1211^ er Y02 -'.' CONFIDENTIAL: OSCLOSE AND COMMUTE SOLELY TO US WEST
EMPLOYEES HAVING 1 NEED TO KNOW
Y ..
' Qwest.
Reason for reissue. Issue: Dale:
0
o OPEN SPACEDEVELOPER/CONSTRUCTION NOTES:
0
N
m L DEVELOPER TO RACE 4" CONDUIT AT ALL
STREET CROSSINGS.
m 2. ALL CASE BURIED IN EASEMENTS GRANTED
BY DEVELOPER.
3. T. CONDOR TO BE PLACED 2c CAfl'Lt BY
DEVELOPER FROM EACH PEG TO HOUSE
FOR 85W. ARROWS INDICATE LOTS SERVED
LOT 5 BY EACH TERMINAL
4. BSW DUCTS SHOULD BE FLACED BETWEEN THE 'ED
FACEPLATE AND THE FRONT OF TEE BASE.
THE OPENING OF THE DUCTS CAN BE NC HIGHER
TFNN TWO NCYES BOW THE TOP OF TIE BASF
LOT♦ ® BELOW
AT LEASE TWO INCHES OF DUC1 SHOWING
LOT e / ABOVE TIE PEA (RAVEL.
5. BSW AND BSW DUCT(S) ARE NOT TO BE RACED
\\?/
NILE THE DROP CHANNEL LOCATED N THE
HALF OF ) BASE.
I
® 6. ALL CAS PT]E TO BE AT MINIMUM OF JO"
DEPTH AT FINAL GRACE
• \ ]. STEROL PECMAL ADDRESS SAME
\�A AS LOT ADDRESS.AR
LOT
loi J B. BJID C GROU D ALLTERMNALSWHERE REQUIRED.9. COUNT 5 MLTIFLED - DO NOT CUT PARS "DEAD-AHAT EACH TERAINA,.' R &.O. EEFCRE ACING. UTLITY LOCATES A
la LOT a PROPERTY SURVEY ARE REQUIRED.
o o u
1 AN
Er
E Ear r r \Y1 atJ.SPICE
a
C P I
m
01 e
a I
a OPEN SPACE yc. e
N R
POP LOCATDN
o WELD CTY RD 86
III
REµ(PIKS; ♦ Sate Nol for disclosure outside of west aritl AMMAN..except�nAer wltron aENwmant
T DESIGNED BY: ANN TATE JOB: 5221224
TELEPHONE: 303-7C7-3159 GEO CODE: 260050
-N'- TAPER CODE: 423031 WC Cal: AULTCOMA
RAT REF: 2184-464 550: 1 LSS DATE: 12/14/05 SH:5 OF 5
I.
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