HomeMy WebLinkAbout20072531.tiff 02-16-2007 10:26 NEBRRRDO CONSTRUCTION 970 482 6317 PRGE3
February 16,2007
WELD COUNTY WATER
In regard to water,we are in North Weld County Water District, my transmittal letter is
attached and shows that all fees are paid current and that the tap fee will be$23,839.00.
Also in my Water Service Agreement section 2.8 states that the developer will reimburse
the district for review and inspection fees. These fees of$120.00 and S3,114.00 have
been paid. The remainder of$2,994.00 is due prior to commencement of said water line.
I talked to the Weld County Attorney on Feb. 16, 2007 and he said the agreement was fine
and approved and e-mailed results to Hanna lippely at Weld County Planning.
My Letter of Transmittal is attached that shows the cost of$23,839.00 due at time of
water hook up to main line. All fees are paid to date and the next step will be review of
drawing for construction of main water line.
2007-2531
•
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BOARD OF DIRECTORS I NORTH WELD COUNTY WATER DISTRICT
CHARLES ACHZIGER NM 33247 HIGHWAY 85 • LUCERNE,CO 80646
RAJyi PRIOR
JC CHNSON ��� r M DON POSSELT,DISTRICT MANAGER
CE LoCK RINEHART
NELS NELSON P.O.BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997
www.nwcwd.org • e-mail: water@nwewd.org
TRANSMItI'I'AL
September 19,2006
To: Gary Mackey From: North Weld County Water District
6804 Aaron Dr. P.O. Box 56
Fort Collins,CO 80524 33247 Hwy 85
Lucerne,CO 80646
Re: Mackey Circle P.U.D.
Enclosed is a DRAFT Water Service Agreement for North Weld County Water District to
provide water service,and fire flows of 750 gpm to the Development with a Residual System
Pressure of 20psi.
The following Table will summarize the costs for water service from North Weld County Water
District. '
These costs are current and ARE SUBJECT TO CHANGE WITHOUT NOTIFICATION.
�— Description of Fee Amount Due 1 Time of Payment i
Review&Inspection Fee _ $3,114 Up-Front
Infrastructure Fee $0 Up-Front I
$3,114 TotalUp-Front
Plant Investment Fee 3/4"Tap $ 7,500 per Lot @ Building Permit or Water
Service Connection
Mileage Charge 3/4"16p $ 3,300 per Lot @ Building Permit or Water
Service Connection
Cash-ln-Lieu of Raw Water $11,000 per Lot — @ Building Permit or Water
Service Connection _
Rare\k ate:.Storage Fee $ 1,000 per Lot @ Building Permit or Water T
Service Connection•
Meter Set Fee $ 650 per Lot , ()),Water Service Connection_ I
Total Cost 3/4"Meter $23,839 per Lot ' Total Tap Cost @ Water ,
Service Connection
Please look over the documents and if you have any questions give me a call. If everything is
acceptable please forward waterline construction plans to the District for review. The District is
requiring the internal piping system to be designed with restrained joint pipe for bends,tees and
dead ends rather than thrust blocks. Please contact me before designing the internal waterline to
get our current specifications for pipe,services,air releases,hydrants and general design
requirements. This will save a lot of time on the design of the waterline. Once the waterline
construction plans are approved,the District will execute the Water Service Agreement(wl ich
will be needed before final County approval).
I have also enclosed our most recent newsletter which contains some general information. If you
have any questions,please/e1 contact me.
Sincerely, l
7,1_____
YYY ---
Shane Carwin
North Weld County Water District
Mc±tkkoA'iya*t Page 1 of 2
Hannah Hippely ate !tit Ctm+1
From: Bruce Barker t
Sent: Friday, February 16, 2007 9:21 AM
To: Hannah Hippely
Subject: FW: Mackey Circle PUD
Hannah: Gary Mackey called me and asked about the North Weld Water agreement. He wanted to find out if the
letter that says that the fees can be paid at the time of the issuance of building permit is sufficient to allow him to
proceed. I think it is. In essence, the water district is saying that he has done what needs to be done to be
prepared to receive the taps. I think we can say that he is ready to go with the water. Please call me if you wish
to discuss. Bruce.
From: Bruce Barker
Sent: Thursday, December 28, 2006 1:21 PM
To: Hannah Hippely
Subject: RE: Mackey Circle PUD
Ideally, would be before they go to the PC, but at a minimum, before goes to the Board.
From: Hannah Hippely
Sent: Thursday, December 28, 2006 11:32 AM
To: Bruce Barker
Subject: RE: Mackey Circle PUD
Thanks Bruce.
Just one question.When (at what point in the process) do we require the signed copy and proof that
they have paid the appropriate fees?
Mannali A?. Stipp4
Weld County Department of Planning Services
918 10th Street Greeley CO 80631
hhippely@co.weld.co.us
970-353-6100 x3558
From: Bruce Barker
Sent: Thursday, December 28, 2006 11:00 AM
To: Hannah Hippely
Subject: Mackey Circle PUD
The water agreement is acceptable. Although I do not like Section 1.1, I guess that is life with that water district.
We need to require that along with a copy of the signed agreement, they also provide proof that they have paid
the requesite fees set forth in Article 2.
Let me know if you have any questions or wish to discuss.
02/16/2007
Page 2 of 2
Bruce.
02/16/2007
Ili OM 11111111111111111111111111111111111111111111101
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WATER SERVICE AGREEMENT
(DEVELOPMENT - SINGLE SYSTEM)
THIS AGREEMENT is made and entered into as of the 2St` day of
, 20 O-4-, by and between the North Weld County Water District, acting by
and through the North Weld County Water District Enterprise (hereinafter "District") and
Gary Mackey, (hereinafter"Developer'), of Mackey Circle, (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 Mackey Circle, located in
part of the NE quarter of Section 3, Township 7 North, Range 65 West of the 6th Prime
Meridian; 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 furnish Development a customary supply of water for a
total of eight(8) individual Single-Family residential equivalent 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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1.4 The District shall install, own, repair and maintain a meter vault at each
individual lot within the Development in which the District shall install equipment as
deemed necessary, including but not limited to meters, reading devices, flow restricters,
etc.
1.5 The District estimates the water supply to have a normal pressure range
of one hundred ten (110)to one hundred thirty-five(135) pounds per square inch (psi).
The District will maintain an average minimum pressure of thirty-five (35) psi to any tap.
The maximum pressure that will be supplied to any Tap may be as great as one
hundred thirty-five (135) psi. Therefore, the Developer(or Lot Owner) agrees to install
preventative plumbing devices to restrict and/or release the pressure. Developer and/or
Lot Owner releases District from any and all liability or claims that may be made against
the District concerning damage from excessive water pressure supplied to the
Development, Tap or lot.
ARTICLE 2
TAPS, LINES AND FEES
2.1 The District must approve, in writing, all engineering and construction
plans and materials of all Water Lines within any Development or Water Lines leading to
the Development. The Developer shall be responsible for payment of the total cost of
the construction for Water Lines within the Development(or Water Lines that are
necessary to serve the Development)that will serve the Taps. "Water Lines", means all
lines which carry water to the meter vault(s) within the Development.
2.2 From the meter to the structure or lot being served with water, water will
be delivered through private service lines which are installed by the Developer or Lot
Owner, and for which the District has no responsibility or liability.
2.3 The District must approve engineering and construction plans of all Water
Lines before construction. Once the District has approved the final Water Line
construction, the District will conditionally accept the Water Lines by issuance of a
conditional acceptance letter(see Exhibit"A"). Two years after conditional acceptance
of the Water Lines, subject to final approval by the District, Developer shall dedicate
ownership of the Water Lines to the District. The Developer may use the District's
existing Water Lines to serve the individual taps, if the District determines in its sole
discretion that the Water Line may be accessed and has available capacity and
pressure to serve the Development.
2.4 . For all Water Lines located within the Development's roadway or
utility/waterline easements, future repair of paving or other improved surfaces
subsequent to the initial installation of any Water Line shall be the responsibility of the
Developer, Homeowners Association, or current owner of the Right-Of-Way. The
District will repair and backfill the trench to the surface but will not rebuild any surface
improvements, including but not limited to pavement, curb and gutter, sidewalk, or
landscaping other than grasses.
2.5 No water service will be provided to any water Tap within the
Development until all fees, expenses and charges as determined by the District have
been paid and/or raw water dedicated. The fees, charges and expenses, and/or water
dedication shall be as determined and defined by the District and based upon such
fees, charges and expenses, and water dedication requirements then in effect.
Developer understands that the amount due for such fees, charges and expenses,
and/or water dedication are subject to change or modification at the sole discretion of
District.
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2.6 Pursuant to this Agreement, the fees, expenses and charges for a water
Tap consist of:
(1) Review& Inspection Fee as provided in Paragraph 2.8;
(2) Infrastructure Enhancement Fee as determined in Paragraph 2.9;
(3) Plant Investment Fee as provided in Paragraph 2.10;
(4) Mileage Charge pursuant to Paragraph 2.11; and
(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 7.1, if the total fees, expenses and charges are not paid, all prior fees,
expenses and charges paid by the Developer for any improvements made by the
Developer shall be considered as forfeited to the District as liquidated damages as
accurate calculation and determination of damages would not be possible.
2.7 The Raw Water or Cash in Lieu Fee, Plant Investment Fee, and Mileage
Charge must be completed and fulfilled jointly before the District provides any water
service. Once these fees have been paid or completed, the Developer or Lot Owner will
then have one (1) year to pay for and have the meter set. Upon installation of the
meter, or, after one (1)year of payment of these referenced fees whichever occurs
earliest, the District shall commence billing the Developer or Lot Owner a Minimum
Monthly Charge in accordance with the policies the District then in effect. The Minimum
Monthly Charge shall apply whether or not any water is taken through the Tap.
2.8 The District will be expending resources for review and inspection of the
Development including but not limited to engineering review, GIS mapping, Water Line
inspection, Tie-in inspection, surveying, bacteriological testing, and pressure testing of
the Water Line constructed for the development. The Developer will be required to
reimburse the District for such expenses and shall be known as the "Review and
Inspection Fee". The Review and Inspection Fee shall be solely determined by the
District, and for this Development said fee shall be the sum of$3.114.00. This payment
determined to be$120.00 of said Fee has been paid by the Developer on September 6
2006, and the remainder$2.994.00 of the said fee be made prior to commencement of
construction of Water Lines that will serve the Development, or the issuance of any
building permit, whichever occurs earliest. The Review and Inspection Fee, as
established in this Paragraph 2.8 is non-refundable.
2.9 The Developer/Contractor will be responsible for tying into all the District's
waterlines. The Developer/Contractor will be responsible for coordinating these tie-ins
with the District. No tie-ins will be allowed without prior approval from the District.
2.10 The Developer or Lot Owner will be responsible for making payment of the
"Plant Investment Fee". Said payment shall be made prior to the issuance of any
building permit or the setting of a water meter, whichever occurs earliest. All Plant
Investment Fees paid shall be in accordance with the Plant Investment Fee as
established by the District and in effect at the time of the payment. No portion of the
Plant Investment Fee shall be returned or refunded once established pursuant to this
Agreement and the Development is approved by Weld County, even if the number of
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
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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 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 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
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".
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ARTICLE 5
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) 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
DUAL WATER(IRRIGATION) SYSTEM
6.1 This Agreement is for a single system water service which means that one
(1) system provides water for all water usage within Mackey Circle. Neither the
Developer nor any Lot Owner will construct, install or use a secondary or alternative
water system within Mackey Circle 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 7
MISCELLANEOUS
7.1 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 March, 2008, 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.
7.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
7.3 This Agreement shall inure to and be binding upon the parties hereto and
their heirs, executors, personal representatives, successors and assigns.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
r
DEVELOPER:
U /9/�
By: By:
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By. By:�� d//
SarySecr Presiden
STATE OF COLORADO )
COUNTY OF I )a ) ss.
The foregoing instrument was acknowledged before me this Iya day of
.114 cMI , 20fl—, by &y«,D.L.6.4..4
Developer.
Witness my hand and official seal. ,,,oliiim
My commission expires: to-lq-m ,:'y O j.P
Public =yrFOF,c.�`oQ�
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 2S'- day of
-I�ro , 20 64 , by Gnnne.s Aw,.:tte- as
President and U_k„ b. yk..,, as Secretary of North Weld
County Water District.
Witness my hand and official seal.
My commission expires: k0-AS- coog
f� _ i NOTARY s
----) J Gnu ,fir PUauG. :cc
i-
Notary rublic
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a.
WATER SERVICE AGREEMENT
(DEVELOPMENT - SINGLE SYSTEM)
THIS AGREEMENT is made and entered into as of the day of
, 20 , by and between the North Weld County Water District, acting by
and through the North Weld County Water District Enterprise (hereinafter "District") and
Gary Mackey, (hereinafter"Developer'), of Mackey Circle, (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 Cop titiition and Article 45.1
of Title 37 of the Colorado Revised Statutes, as applicable;Ila�id
I.
WHEREAS, the District'owns, maintains and operiates a'systerm for the storage
of and distribution of potable water within Weld Coulptyland Larimer�County, Colorado,
andI
WHEREAS, the Developer desires to conIlt{a?t with the District for cekain potable
water supplies and services for the Development'kf1R n las Mackey Circle;!Yocated in
part of the NE quarter of Section 3, Township 7 North nge 65 West of the 6' Prime
Meridian; and I, IH
�II
WHEREAS, Developer intends to s ft or develop(Tore than three residential
lots which will require dedication of raw vy ter arirl% paymegfi f cash in lieu of raw
-- water dedication in accordance with the te�'rmsathiifteeh1ent;
I;IIllllll jlll l i r II'
NOW, THEREFORE,till' onsiderationlof the premises and the covenants and
agreements herelnaf er set forth lit is-agreed by and between the District and Town as
follows l F -.WI"
h t'I '•I ARTICLE 1
WA/nER SUPPLY/FACILITIES ,
1 i The District
.1IItilthit
shlall furnish Development a customary supply of water for a
total of eightlO individual ingle Family residential equivalent water taps ("Taps"). The shat.f�{rnish 70% o Ian acre foot (228,000 gallons) of water per equivalent tap
per annual water kear, if t�t,e allotment for Colorado-Big Thompson (CBT) project water,
which is determinediby,the Northern Colorado Water Conservancy District is 50% or
greater, North Weld bounty 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 he 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 provice 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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N Sub:iv:; ,0 i qng SubJ s Unda21 Nae.y Ccl.i9-16061A,A1 u.key Cunci9-.i-06, ASA-Snail-20(Si gie yr.,)d,w
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1A The District shall install, own, repair and maintain a meter vault at each
individual lot within the Development in which the District shall install equipment as
deemed necessary, including but not limited to meters, reading devices, flow restricters,
etc.
1.5 The District estimates the water supply to have a normal pressure range
of one hundred ten (110) to one hundred thirty-five (135) pounds per square inch (psi).
The District will maintain an average minimum pressure of thirty-five (35) psi to any tap.
The maximum pressure that will be supplied to any Tap may be as great as one
hundred thirty-five (135) 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
III h;,
TAPS, LINES AND FEES
� II
2.1 The District must approve, in writing, all eng�neerirg;and construction
plans and materials of all Water Lines within any Deyp�lopgnent or'ty9ter Lines leading to
the Development. The Developer shall be respon,ajlatJtfor payment ofithe total cost of
the construction for Water Lines within the Develdpment (or Water Linea'Ithat are
necessary,to serve the Development) that will Sege the Taps. "Water Lih'esi'y rheans all
lines which carry water to the meter vault(s) within',f he Development
lit I; '
2 2 From the meter to the structure or lot beinlgi erved with water, water will
be delivered through private service lft s rlhich are instal ' by the Developer or Lot
Owner, and for which the District has n�o�lr4$ nsibility or liaa�il'(
I I I
1
2.3 The District must approve e'ngineering�f�'D1�IIgqRhstru'btion plans of all Water
Lines before constructio ce the District 'as approved the final Water Line
will f'1,
construction, the Disttid well ICoL�itionally accept the Water Lines by issuance of a
conditional acceptance,letter (seee Exhibit"All Two years after conditional acceptance
of the Water Lines, subJect to final approval by the District, Developer shall dedicate
ownership of the Water 4Rs,tp)heit�ls(rict The Developer may use the District's
existing Vlarer roes to sere ''the individ'ual't�aps, if the District determines in its sole
discretion that the II:atte1 Linelrnaiy be accessed and has available capacity and
pressure to serve the RevelopmeTit,
f
2 •4;,I For all Waterl Lines located within the Development's roadway or
utilitylwaterllndeasements Uture repair of paving or other improved surfaces
subsequent tolth'elndlal in tallation of any Water Line shall be the responsibility of the
Developer, Homeiv.ynersiAssociation, or current owner of the Right-Of-Way. The
District will repair andlb')a'ckfill 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 subtect to change or modification at the sole discretion of
District.
Initials:
N\S bdis,;lei cL2Pc.ding Subdivis..is'Jude 2 Y s5Muc'ey c'rc:(9-i I-06)Vdeckey C' cl (9-1 l 00)WSA-Small3-20(SingleNe 'do:
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2.6 Pursuant to this Agreement, the fees, expenses and charges for a water
Tap consist of:
(1) Review& Inspection Fee as provided in Paragraph 2.8;
(2) Infrastructure Enhancement Fee as determined in Paragraph 2.9;
(3) Plant Investment Fee as provided in Paragraph 2.10;
(4) Mileage Charge pursuant to Paragraph 2.11; and
(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 2.1, iilh,,
Notwithstanding anything to the contrary herein, parcenA of all fees, expenses
and charges as established pursuant to this Agreementis'fiall bel i.? ndition precedent
to the District providing water service to any Tap witf,> tie Develo`7 ont. Except as
provided in 7.1, if the total fees, expenses and chofg s1ere not paid,il j rior fees,
expenses and charges paid by the Developer foilany improvements made,by the
Developer shall be considered as forfeited to ittielcistrict as liquidated dames as
accurate calculation and determination of damages viouldinot be possible. H
2 7 The Raw Water or Cash in Lieu Fee, Plari'tnvestment Fee, and Mileage
ed jo
Charge must be completed and fulfill ntly before the1Q's.rict provides any water
service. Once these fees have been paid $;c1Fclmpleted, th' igleY,eloper or Lot Owner will
then have one (1) year to pay for and ha'ie,the rAleterr set. Upon installation of the
meter, or, after one (1)year of payment oflthes Ireffey' tees whichever occurs
earliest, the District shall,cor)1�ence billingltit}e1Deveiop r for Lot Owner a Minimum
Monthly Charge in accordancelit lth the policies the District then in effect. The Minimum
Monthly Charge shpiftply who per or not any,water is taken through the Tap.
� illp,
2.8 The Dis ribtiw(ll be'eXpenlding resources for review and inspection of the
Developmentlincll dLpg butlnot limiteiiltolengineering review, GIS mapping, Water Line
inspectionllTie-in inspection,Isurying, bacteriological testing, and pressure testing of
the Water Line constr4d•for theldevelopment. The Developer wi/l be required to
reimburselthe District for(such expenses and shall be known as the "Review and
InspectionFee". The Review and'Inspection Fee shall be solely determined by the
District, andprlthis Develdriment said fee shall be the sum of$3.114.00. This payment
determined to b,ej$120.00 of said Fee has been paid by the Developer on September 6
2006, and the rematndetl$'2,994.00 of the said fee be made prior to commencement of
construction of WaterLlnes that will serve the Development or the issuance of any
building permit, whichever occurs earliest. The Review and Inspection Fee, as
established in this Paragraph 2.8 is non-refundable.
2 9 The Developer/Contractor will be responsible for tying into all the District's
waterlines. The Developer/Contractor will be responsible for coordinating these tie-ins
with the District. No tie-ins will be allowed without prior approval from the District.
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 ssuance 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 tne District and in effect at the time of the payment. No portion of the
Plant Investment Fee shall be returned or refunded once established pursuant to this
Agreement and tne 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
Initial;_
'.Subd,ri,:c )-I - dmg Subd - Undc,2 rsM --:y Cock S i i O )' akry k n-:i-Os,': S ni S,S,gleNcwi doc
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" requiremeritl itor,this Development
shall be met by payment of"Cash in Lieu". The Developer o{Lot Owner will be
responsible for making payment of this fee. Said paymen,tj h:If Ibe made prior to the
issuance of any building permit or the setting of a wateripeter, vylhi?hever occurs
earliest. Ali Cash In Lieu Fees paid shall be in accordance with the! ash In Lieu Fee as
established by the District and in effect at the timelpQ"payment. l
I
2:12.1 At the sole discretion of District It eI District.may allow the'Developer to
dedicate Raw Water to fulfill the raw water requieetpent. Th'e,raw water regi)irement for
a Residential Tap being a single family residence o l4neJ1(1) lot shall be the dedication
of at least one (1) Unit of Colorado Bjg Thompson (CBi(i 1project water per Tap, or at
least one (1) share of North Poudre I'rOg tion Company Nj,)IC) stock for every four (4)
residential Taps. t III ii- ll .
II• �I III
2.12.2 In addition to the dedication of the'�RawlWaterlthe Developer shall be
responsible for a Raw Water,Storage Fee''as determined loy District. The Raw Water
Storage Fee shall be lappIi' d p"rce for each°lnit of CBT'or four times per share of NPIC
that is dedicated toith9 District.! he Raw Water Storage Fee payment shall be made in
conjunction with the ded' ationlqf the Raw Watet,:-
il�ll lllllji!`III�II �h
2 13 j,h�eiDeveloper sihall pro'idelfh'e District •with security, as deemed
acceptable by District ito securejt e installation and warranty of Water Lines within the
Development during the two-yeahcopditional acceptance period. Said security shall
cover'251% of all costs for;¢onstruction of said Water Lines, which shall be released at
the expiratjonl of the two-year warranty period and upon full acceptance of the Water
Lines by thelpistrict. The type of security to be accepted shall be at the sole discretion
of the D.strict vvh'cl1 will no orally be a letter of credit, certificate of deposit, or bond.
li'.
2.14 During'Itf'ie 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
Distric 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 o'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 remain.ng 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.
Initials
N\Subdn OVendag Saddle sms Under 2V'rsdnddreere Genie 01 la cokey C¢. 9-II-0()AS Svefu2C(S ,
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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, Distri91Will,ipermit Developer
to install certain fire protection infrastructure pursuant to the provision of this Article 3
and any other provisions or requirements deemed necessarjr by District, in its sole
discretion. �Ir
'I' II�II
3.3 Developer shall provide to the DistrietllFPD and Weld D.Ounty plans and
specifications for fire protection infrastructure, including but not limited(fp!location and
size of Water Lines to serve fire hydrants ("Flireltalcilities")l, Said plans shla'lli?el in
accordance with any specifications and requiremer� established by District: Weld
County and/or FPD. I III'
II
3 4 Upon final approval of t�e•plans and design fly:District, Weld County and
FPD, Developer shah be responsible forlin lial,lation of the sarne,,including all costs
incurred by District to review plans, installation'IFbn�dliinspection of the same by District.
..— Upon approval of the installation of all such flreOcilitles;lby, District, Weld County and
FPD, District will thereafte�lassume the res�porisibility of effecting maintenance and
repairs of such facilitieis brut Dis{ (et will be compensated for such maintenance and
repairs, m perpetuity by Develd Lot
or Homeowners Association in the Development
Additionally, responsibility for a costs of maintenance and repairs shall become a part
of covenants that run with lithelji e toi it Hots arld property within the Development, and
which shall e nstil(ute a first a priorilien'Ilupon all lots and property in said
Development. 'iIiI l "I
Il.
"3.51, As addition l consi.iid,,erlation for this Agreement Developer understands
that Districh,lbas not andwvill not' perform any independent review or analysis of the
adequacy of.a'p,y fire facilities. Accordingly, Developer releases District from any and all
liability or clairiisl1of any ty'p'e that could be made against the District, including but not
limited to water pressure,i'line size, lack of water, maintenance volume or velocity of
flow, or any other iteMirelated 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 exoenses of
maintenance and repairs for the fire facilities pursuant to Paragraph 3.4.
ARTICLE 4
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"E"
ARTICLE 5
EASEMENTS AND RIGHTS-OF-WAY
r.. 5.1 As additional consideration for this Water Service Agreement, Developer
agrees to sign and execute any necessary Easements and Rights-of-Way regarding
Initials
N"Su'Dc,', t Perk _St.2ulu s Under rs r i Ozle(S ..M c b : ai( r,s S S _.. g ci.e».,Inc
,----specific locations, widths, size of pipeline(s) and descriptions for Water Lines as
.ietermined by the District. This Agreement is conditional upon execution and recording
of the Easement and , and until such Esement and Riht-of-
Way Agreement is finalized z to the satisfaction ht-of-Way tof the District anda 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
DUAL WATER (IRRIGATION) SYSTEM
6.1 This Agreement is for a single system water service which means that one
(1) system provides water for all water usage within Mackey Circle.i,Neither the
Developer nor any Lot Owner will construct, install or use a se'conda'ry or alternative
water system within Mackey Circle without an amendment,toihis Agreement to insure
proper instaliation, use and connection of a dual water system. i,Ebr any breach of this
provision. District shall have the right to discontinue ovate}servicelrtq,the entire
Development until an amendment to this Agreement,ha's been finalizgl Iby the District,
Developer and/or all Lot Owners. Ip i�li,,
ARTICLE 71I 11 tilt I
MISCELLANEOI,�S
7.1 This Agreement is cond((gp l as the final dlif f the Development has not
yet been approved by Weld County. If thefipa;plat is not a'ppfoved on or before the
day of , 20_, this Agreerrie,ntican then be terminated by Developer
.--and the same shall be considered null and void, Nohvithstanding any language to the
ontrary, Developer shall be entitled to a refund of 98%0 of costs and expenses paid
pursuant to Article 2.10,1'271'1.and 2.12 if suc,h refund is applied for within one (1) year of
the payment made,tolthe District The 2% retention by the District shall be considered
as admin.strative exp'en es. Ali r any portionlif;dosts or expenses the Developer
incurrec pursuant to ArLeiksi 2l),0nR I, n and 2)15 shall not be entitled to a refund of
any amounl� i.ii ',i i , I�.I!:! .II
ir
of„l,I, I
7�'2 This Agregfnent call of be assigned by Developer without the express
written'approval of District ail"
7 3 HI Tpis Agreement shall inure to and be binding upon the parties hereto and
their heirs, exegytgrs, personal representatives, successors and assigns.
u
Initials: _
N bd d,Pc J s S ,,,i„m UndJr . t
'c o6 AWckcY(ditch:rr ( },,„.Sin 113 ID[S uiglcTew.tloc
P 6,.eof1
...-.. 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
IiIIli1(,T0 ,.,.By: By:
Secretary President 1;I I' "I!ii';
0011 I.
1•' ,:IlIIIIII
STATE 1,rIIiIII
IIIIII III!'
OF COLORADO ) Illii IIIIIIII4, 1�I
ss. IIIIIIII
COUNTY OF )
The foregoing instrument was 11i ed befolllIt'll, his day of
,20 , by ,li ! Iblip , i'�
Developer. )!j 11iI�(`'�'I `,
i!;iilll;• tl I,.
Witness my hand a dll cial seal. 'III, ,,lipo c•- -
H.
My commissiorilg fires: '�I;1j11�
III! II IIIlIIIII!l1IIIIII f1i('111�
IlIy,IIIlfil;��IIII �II�III
�II:I ''I�IIIII ' IIJIi IIIr,, Notary Public
. ,III._,I I' I��
STATE OF Citi �I RADO• , •
l I ss.
COUNTY OF WEL,�, 11 -
.iIIIII!II
The foregoing)instrument was acknowledged before me this day of
, 20 , by as
President and as Secretary of North Weld
County Water District.
Witness my hand and official seal. -
My commission expires:
Notary Public
Initials:
N lSubdn•uion;W?:•ending Suouiviiions Linda 2 Y,s4lla,kcy Cud:(9.11.U6)'M ckey Cucie(9•I i.46)WSA. maIl3•:c(single\ew)act
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