HomeMy WebLinkAbout20062423.tiff CAF
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WATER-SERVICE AGREEMENT
(Gold Stone Creek Minor Subdivision - SINGLE SYSTEM)
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
Walter Huang, Gold Stone Center LLC, (hereinafter "Developer'), of Gold Stone Creek
Minor Subdivision, (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 Gold Stone Creek Minor
Subdivision located in the North 1/2 of the Northwest''/.of Section 16,Township 8 North,
Range 66 West of the 6'" Principal Meridian, County of Weld, State of Colorado, known
as Weld County Parcel#055316200014; 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 nine(9)individual Single-Family residential 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.
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EXHIBIT
2006-2423 1
1.4 The District shall install, own, repair and maintain a meter vault at each
individual lot.
1.5 The District estimates the water supply to have a normal pressure range
of 100 to 120 pounds per square inch (psi). The Districts maximum pressure that will be
supplied to the Development may be as great as 150 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.
ARTICLE 2 DRAFT
RESIDENTIAL TAPS
2.1 The District must approve engineering and construction plans of all Water
Lines. 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.
For all waterlines located within the Development's roadway or utility/waterline
easements, future repair of paving or other improved surfaces subsequent to the repair
of a water main 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& gutter, sidewalk, or landscaping other than grasses.
District will require submittals of all materials used for the construction of the
waterline(s)for the Development. Such submittals must be approved by District before
construction begins.
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
DRAFT
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.
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
Inspection Fee shall be solely determined by the District, and for this Development said
fee shall be the sum of$2,000.00. A portion of this payment determined to be$180.°°of
said Fee shall be paid by the Developer and payment shall be made upon execution of
this Agreement and the remainder$1,820.0°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 2.3 is non-refundable.
2.4 The District may be constructing substantial Infrastructure, including but
not limited to connection to existing 10"waterline in WCR 29, installation of two— 10"&
one—8" isolation valves. 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$5,320.0°. A portion of this payment determined to be
$270.0°of said Fee shall be paid by the Developer and payment shall be made upon
execution of this Agreement and the remainder$5,050.u°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 shall have the same raw
water requirement as a single family residential lot.
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
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.
DRAFT
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 Gold Stone
Creek Minor Subdivision. 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 Gold Stone Creek Minor Subdivision, and which shall constitute a first and
prior lien upon all lots and property in said Gold Stone Creek Minor Subdivision.
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 4.4
ARTICLE 4 DRAFT
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 DRAFT
EASEMENTS 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)or pumping facilities and descriptions for
Water Lines or pumping facilities 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 appurtenances,
pumping 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 , 20_, this Agreement can then be terminated by Developer
and the same shall be considered null and void. Notwithstanding any language to the
contrary, Developer shall be entitled to a refund of 98% of costs and expenses paid
pursuant to Article 2.5, 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. All or any portion of costs or expenses the Developer incurred
pursuant to Articles 2.1, 2.3, 2.4 and 2.10 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: By:
DISTRICT:
ATTEST: DR�♦ NORTH WELD COUNTY WATER DISTRICT
DRAFT
By: r By:
Secretary President
STATE OF COLORADO
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
,2005, by
Developer.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
)ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of
, 2005, by as
President and as Secretary of North Weld
County Water District.
Witness my hand and official seal.
My commission expires:
Notary Public
02/27/2006 07:50 9702262123 P0UDRE VALLEY REA PAGE 01/01
P
POUDRE VALLEY RURAL V��► REA
ELECTRIC ASSOCIATION, INC.
P.O.DCX 272550 7649 REA PARKWAY
FORT COLLINS, CO 80527-2550 FORT GOWNS, CO 80528
Bus. Phone 970-226-1234 FAX 970-226-2123
800.432-1012 www.pvrsa.com
February 24, 2006
Tom Honn
Goldstone Subdivision
RE' PROPERTY LOCATED IN SECTION 16, TOWNSHIP 8 NORTH, RANGE 66, WEST
OF THE 6" PH, COUNTY' OF VELD, STATE OF COLORADO
Tom:
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, Ate
Rod Bledsoe
Engineering Representative
Jem
H:\Rlyta.. rlag\af061.9R\Hp6,ROY AMA M,,pr
AN EQUAL OPPORTUMTY EMPLOYER Your 7buchnone Energy"Partner x6>
3- ,-O6: ,O:O7AM:Landmark Designs :nai ,b,uu,
Will Serve �1�1
Qwest Communication 27-Feb-08 8:1820 AM
12121 Grant Street Room 201
Thornton,Colorado 80241
Mastriona,Donna R
Tracking# 4469
SUBJECT:
Telephone facilities to planned/proposed development.
Attn:
ITOM HONK
_
TOM HONN
r L l
1601 UAIL HOLLOW
DRIVE FT COLLINS CO 80525
�
,
D70-223-1961
Qwest will provide service to your planned/proposed developement:
GOLD STONE CREEK
16 8N 66W 6TH ' 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.
O R
Mastriona,Donna R (303)451-2390
(LDA Coordinator) (Phone)
Sincerely
II
MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday,
April 27, 2006 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918 10th
Street, Greeley, Colorado.
Members Present: Don Posselt, Doug Melby, Ted Eyl, Robert Fleck, Jerry Adams, Don Magnuson
Also Present: Jacqueline Hatch, Kim Ogle, Brad Mueller
[other cases omitted]
CASE NUMBER: MF-1081
APPLICANT: Walter Huang
PLANNER: Brad Mueller
LEGAL DESCRIPTION: N2NW4 of Section 16, T8N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Final Plat for nine (9) residential lots in the (E) Estate Zone District.
LOCATION: East of and adjacent to CR 29, south of and adjacent to vacated CR 94.
Brad Mueller, Department of Planning Services presented case MF-1081. The easements include a 20
foot easement on the back of the lots, a 15 foot front easement except in the cul-de-sac where there is a
25 feet easement with the 10 foot easement on each side of the property lines. There is also a 40 foot
access easement between lots 4 & 5 that leads to out lot B. out lot B is for the flood zone areas and
beyond.
Jerry Adams stated that out lot B needs to have notation calling it out as drainage/utility easement or is it
open space. Mr. Mueller stated it will be subject to the flood zones. Staff is still in the referral time frame
so they do not have all the comments. There is a note it would be owned and maintained by the HOA.
Staff has received documents that address this and those are being reviewed by the attorney. Mr. Adams
asked if there was any reason for the lack of a 20 perimeter easement around outlots B. Mr. Mueller
added the flood zone is pronounced in those area and that may be the reason.
Tomm Hann, representative for the applicant, added they have no issue with placing an easement on the
perimeter since that is a non buildable parcel. If there is a need to have an easement that extends to the
perimeter of the property the applicant would be acceptable to this. There has been some conversation
with North Weld County and the talk was to extend across the open space to the north property line
easement. This will be done prior to recording the final plat. It will be determined whether to be exclusive
or a general easement and this would be the only diagonal easement across the open space. At the
northwest corner of site there was former road right-of-way and that was vacated but the neighbor to the
north has their driveway on this, the applicant has opted to give then an easement.
Don Sommer stated that if an exclusive easement was used they would not be able to come up the
driveway with utilities. Mr. Hann indicated there are adjacent utilities.
Ted Eyl, Public Works, asked to get the recording number for that easement on the plat.
Doug Melby, asked for clarification on Note 6 requiring % inch service. Mr. Hann indicated it may have
come from referral comments of North Weld County Water District. Brent Bolleck, Shear engineering, the
line that is the 1/2 inch is at the residence and this is for fire suppression, sprinkler systems. Mr. Possalt
stated the Y2 inch does not make sense. Mr. Bolleck stated it was the line into the residence. Mr. Possalt
indicated that was not a requirement from them. The line will be larger; the note is a typographical error
that will be corrected. The note will read 1 'A inch.
Jerry Adams summarized the requests for addition to the case. They are as follows: a 20 foot perimeter
easement to outlot B which would be the south, east and north portion, 10 foot side lot line easement on
the west edge of outlot B, a note on final plat calling out the recording number for the driveway easement
and clarification of note 6 on the master utility plan.
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Don Magnuson moved to approve. Robert Fleck seconded. Motion approved.
Respectfully submitted,
Voneen Macklin
Secretary
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