HomeMy WebLinkAbout20051946.tiff WATEr'UPPLY INFORMATION SUMMARY
• Section 30.28-133,(dl. C.R.S. requires that the applicant submit to the County,"Adequate evidence that a water supply that
is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water.
IME OF DEVELOPMENT AS PROPOSED
Peace lI v, Is f a f es
2. LAND USE ACTION Niger Sabdimen - Chole of Zoie -
3, NAME OF EXISTING PARCEL AS RECORDED /rs f 0 of Re itio, Olg y_ /g- z f'_gy
SUBDIVISION FILING - BLOCK - 1[
LOT
4. TOTAL ACREAGE X916 i 5. NUMBER OF LOTS PROPOSED 9 PLAT MAP ENCLOSED 1R4ES
6. PARCEL HISTORY• Please attach copies of deeds, plats or other evidence or documentation.
peel 0444 _
A, Was parcel recorded with county prior to June 1, 1972? O YES J$(NO
B. Has the parcel aver been part of a division of land actin inc June 1 1972? 'YES O NO
If yes, describe the previous action had g4
7. LOCATION OF PARCEL-include a map deliniatinp the project area and tie to a section corner.
1/4 OF N14/ 1/4 SECTION Je._TOWNSHIP 7 ArN O S RANGE 17 O E tlirW
PRINCIPAL MERIDIAN: )(6TH O fy.M. O UTE O COSTILLA
8. PLAT- Location of all wells on rep rty must be plotted and permit numbers provided.
Surveyors plat O Yes Na If not, scaled hand drawn sketch>Yes O No
r�TIMATED WATER REQUIREMENTS- Gallon:per Day or Acre Fest par Veer 10. WATER SUPPLY SOURCE
9verbs x3ppI�th, Xreo44cd - -
J� )(EXISTING 0 DEVELOPEDll-
,I
WELLS SPRING 0 NEW WELLS • ►1r
HOUSEHOLD USE # 9 of units 2.700 GPD AF WELL PERMIT NUMBERS PHOPOSFD AOUFERS•(CHECK ONQ
j/? Q C AtEUYNI U UPPER ARAPAHOE
COMMERCIAL USE # of S.F. - 21 3Sil $1 f Ql 'C U�DANSON C awful alunliOE
GPO �^ AF ����� "Zr0Z C O DAWSON y osoor E FOX HILI2
OAKOIA
IRRIGATION 4' of acres — OTHER AF
—
STOCK WATERING # of head GPO AF 0 MUNICIPAL
OTHER — O ASSOCIATION WATER COURT DECREE CASE NO.'S
GPD AF O COMPANY
TOTAL _ 2700 GPO AF �DESTRfCw4 Al �c / N/
t
LETTER OF COMMITMENT FOR // 1�
SERVICE lir YES 0 NO
11. ENGINEER'S WATER SUPPLY REPOR ❑ YES 1'NO IF YES, PLEASE FORWARD WITH THIS FORM. I ie me be requited before our ro ley.is comphted.1
kith Id�I16O44 Wafr 'glad- I clefs k lei ,S1a
12. TYPE OF SEWAGE DISPOSAL SYSTEM
SEPTIC TANK/(EACH FIELD ..........._. ...............
».........., .,,....
. .................................... ........_�
Xi
.„.. :�. - ., O CENTRAL SYSTEM - DISTRICT NAME
❑ LAGOON
O VAULT•LOCATION SEWAGE HAULED TO
C ,1NEERED SYSTEM (Attach i copy of enpineerma desipnl O OTHER
2005-1946
Page 1 of 1
Sheri Lockman
From: Lee Morrison
Sent: Thursday, April 14, 2005 3:51 PM
To: Sheri Lockman
Subject: RE: Peace Haven MZ-1025
agreement OK
La D. 14044404-
Assistant Weld County Attorney 915 10th St., PO Box 758
Greeley, CO 80632 (970) 356-4000 x 4395: FAX 352 0242
This e-mail contains confidential and/or privileged information.If the reader is not the intended recipient,please reply and
delete your copy of this message."
From: Sheri Lockman
Sent: Thursday, April 14, 2005 10:43 AM
To: Lee Morrison
Cc: Bruce Barker
Subject: Peace Haven MZ-1025
Sorry to ask again but today is the last day that I can keep Peace Haven on the June 7th agenda. Can you take
a look at the water agreement?
04/14/2005
TWATER SERVICE AGREEMENT \�\
D (PEACE HAVEN ESTATES - SINGLE SYSTEM) Y\
THIS AGREEMENT is made and entered into as of the day of
, 2005, by and between the North Weld County Water District, acting by
and through the North Weld County Water District Enterprise (hereinafter "District") and
Bob Parsons, (hereinafter "Developer'), of Peace Haven Estates, (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 Peace Haven Estates
located in the Northwest Quarter of Section 10, Township 7 North, Range 67 West of
the 6th Principal Meridian, County of Weld, State of Colorado, known as Lot B of
Recorded Exemption-3358; 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 DRAFT
WATER SUPPLY/FACILITIES
1.1 The District shall furnish Development a customary supply of water for a
total of eight (8) individual Single-Family residential, and one (1) Irrigation/Open-Space
water taps ("Taps"). 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%.
1.2 The water to be furnished by the District shall be potable water, which
complies with the Federal Safe Drinking Water Act and any other applicable drinking
water regulations. No promise or guarantee of pressure is made by the District or is to
be implied from anything contained herein.
1.3 The District shall use reasonable diligence to provide a constant and
uninterrupted supply of water, except for interruptions due to: (1) Uncontrollable forces;
(2) Operations or devices installed for water system protection; (3) Maintenance, repair,
replacement, installation of equipment, or investigation and inspection of the water
system, which interruption or reductions are temporary, and in the sole opinion of the
District, if necessary.
1.4 The District shall install, own, repair and maintain a meter vault at each
individual lot.
DRAFT ARTICLE 2
RESIDENTIAL TAPS
2.1 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 individual taps. "Water Lines", means all
lines which carry water to the meter vault(s) within the Development.
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 property
owner, and for which the District has no responsibility or liability.
The District must approve engineering and construction plans of all Water Lines
before construction. Once the District has approved the final Water Line construction
and received receipt of the value of such waterline constructed by the Developer, 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.
2.2 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 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.
Pursuant to this Agreement, the fees, expenses and charges for a water tap
consist of (1) Review & Inspection Fee as provided in Paragraph 2.3; (2) Infrastructure
Fee as determined in Paragraph 2.4; (3) raw water or cash in lieu as provided in
Paragraph 2.7; (4) Plant Investment Fee as provided in Paragraph 2.5; (5) Mileage
Charge pursuant to Paragraph 2.6; and (6) Meter Fee as provided pursuant to
Paragraph 2.10. 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 being required to provide 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 or 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. The District requires that the (1) dedication of raw water or cash in lieu as
provided in Paragraph 2.7; (2) Plant Investment Fee as provided in Paragraph 2.5; (3)
Mileage Charge pursuant to Paragraph 2.6 requirements be fulfilled in conjunction.
After the raw water dedication or cash in lieu, the Plant Investment Fee and the Mileage
Charge have been dedicated and/or paid, the Developer or Lot Owner will have up to
one year to have the meter set. Once the meter has been set or after one year of the
payment and/or dedication of water, Plant Investment Fee and Mileage Charge, the
District shall begin billing the Developer or Lot Owner a minimum monthly charge as
established by the District and in effect at the time.
DPAFT 2.3 The District will be expending resources for review and inspection of the
Development including but not limited to engineering review, waterline inspection,
surveying, bacteriological testing, and pressure testing of the waterline 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
DILFT
Inspection Fee shall be solely determined by the District, and for this Development said
fee shall be the sum of$6,300.00. A portion of this payment determined to be $160.00
of said Fee shall be paid by the Developer and payment shall be made upon execution
of this Agreement and the remainder $6,140.00 of said Fee be made prior to
commencement of construction of Water Lines that will serve the Development, or the
issuance of any residential building permit, whichever occurs earliest. The Review and
Inspection Fee, as established in this Paragraph 2.4 is non-refundable.
2.4 The District may be constructing substantial Infrastructure, including but
not limited to over-sizing the construction of a water tank, waterline and associated
appurtenances. A portion of these enhancements will be attributable to the
Development and an Infrastructure Fee will be charged to the Developer. The
Infrastructure Fee shall be solely determined by the District, and for this Development
said fee shall be the sum of$(To Be Determined). A portion of this payment determined
to be $$(To Be Determined) of said Fee shall be paid by the Developer and payment
shall be made upon execution of this Agreement and the remainder$$(To Be
Determined) of said Fee be made prior to commencement of construction of Water
Lines that will serve the Development, or the issuance of any residential building permit,
whichever occurs earliest. The Infrastructure Fee, as established in this Paragraph 2.4
is non-refundable.
2.5 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 lump sum payment. No portion of the Plant
Investment Fee shall be returned or refunded once established pursuant to this
Agreement and the Development is approved by Weld County, even if the number of
lots and/or taps in the Development is later decreased or unsold. However, if the
number of lots and/or taps increases beyond the number established in this Paragraph
2.5, Developer will pay the Plant Investment Fee for each new tap within the
Development at the rate for Plant Investment Fees then in effect.
2.6 The Developer or Lot Owner will be responsible for making payments 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 lump sum 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 established in this Paragraph 2.6, Developer will pay the
Mileage Charge for each new tap within the Development at the rate for Mileage Charge
then in effect.
2.7 The raw water requirement shall be met by payment of cash in lieu of the
dedication of raw water. The Developer or Lot Owner will be responsible for making
payment of the cash in lieu fee. Said payment shall be made prior to the issuance of
any residential 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 the lump sum payment. Any lot within the
Development containing a commercial use or Open Space sh hp tae aw
water requirement as a single family residential lot. 1i4n�"1�
2.7.1 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
single family residence on one lot shall be the dedication of at least one (1) Unit of
Colorado Big Thompson (CBT) project water per Lot, or at least one (1) share of North
Poudre Irrigation Company (NPIC) stock for every four (4) Lots. In addition to the
dedication of the water rights, the Developer shall be responsible for a Raw Water
IJRAFT
Storage Fee. 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 water
rights.
2.8 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.
2.9 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.
2.10 Prior to a meter being set and water service being provided at or for any
tap, the Developer or parcel owner shall be required to complete the District's tap
application form, pay the Meter Fee, and pay any remaining fees, expenses and
charges, if any, in accordance with the policies and procedures of the District at the time
of any tap application, or any other expenses or costs that may be incurred by the
District in relation to the Development.
ARTICLE DRAFT
FIRE PROTECTION
3.1 Fire protection is a basic provision required for development activities in
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 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 4
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
DRAFT
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 understands
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 approval of this Development must make reference to the
responsibility of the property and owners concerning expenses of maintenance and
repairs for the fire facilities pursuant to Paragraph 3.4 DP ARTICLE 4
A, PETITION OF INCLUSION
4.1 If determined to be necessary by District, the Developer agrees to sign
and execute a standard Petition of Inclusion, Exhibit "B".
ARTICLE 5
TASEMENTS AND RIGHTS-OF-WAY
5.1 As additional consideration for this Water Service Agreement, Developer
agrees to sign and execute any necessary Easements and Rights-of-Way regarding
specific locations, widths, size of pipeline(s) and descriptions for Water Lines as
determined by the District. This Agreement is conditional upon execution and recording
of the Easement and Right-of-Way Agreement, and until such Easement and Right-of-
Way Agreement is finalized to the satisfaction of the District and recorded, District shall
not be required to provide any services of any type.
5.2 Additionally, any final development plat must be reviewed and approved
by District as to all aspects of Easements and Rights-of-Way for water facilities,
pipelines and fire facilities. All such items must be dedicated for public use and District
must approve the final plat.
ARTICLE 6 DRAFT
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
day of April 1st, 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 2.5, 2.6 and 2.7 if such refund is applied for within one year of the payment made
to the District. The 2% retention by the District shall be considered as administrative
expenses. Any costs or expenses the Developer incurred pursuant to Articles 2.1 and
2.4 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.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
DEVELOPER:
By: D iikF T By: D r i1
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By: f r r T By. DR AFT
Secretary President
STATE OF COLORADO
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20 , by
Developer.
Witness my hand and official seal.
My commission expires:
+ r T
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:
DRAFT
Notary Public
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