HomeMy WebLinkAbout20060513.tiff pit
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WATER SERVICE AGREEMENT \ \ cik
(DEVELOPMENTS - 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
Ridge View Farms, LLC, (hereinafter "Developer'), of Ridge View 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 Ridge View Subdivision, in a
part of the NE '/ of Section 23, Township 6 North, Range 66 West of the 6th P.M ; 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 Twenty-Four (24) individual Single-Family residential taps ("Residential Tap")
and One (1) Irrigation/Open-Space water tap ("Irrigation Tap"), and collectively identified
as ("Tap or 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. Whenever the CBT allotment is less than 50%
for any annual water year, District will reduce or restrict the delivery of the amount of
water per equivalent Tap as deemed proper and necessary by District to assure water
supplies.
1.2 The water to be 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.
2006-0513
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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 sixty (60) to ninety five (95) 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 and five (105) 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 en. nd construction
plans and materials of all Water Lines within any Devel. ent o er Lines leading to
the Development. The Developer shall be responsib for payment . total cost of
the construction for Water Lines within the Develop ` t (or Water Lin- • are
necessary to serve the Development) that will se, : he Taps. "Water Lin- . ', means all
lines which carry water to the meter vault(s) wi he De pment.
2.2 From the meter to the structure or erved with water, water will
be delivered through private service lines which are ,lied by the Developer or Lot
Owner, and for which the District has . responsibility . .ility.
2.3 After the Developer has al -. _ • uct-d the Water Lines, the
Developer will be required to submit a I= of r is . value of the Water Lines;
and such has been approved by the Dist District will conditionally accept the
Water Lines by issuance of - 'tional a, stance letter (see Exhibit "A"). Two years
after conditional accepta ater Li subject to final approval by the District,
Developer shall dedica , nersh if the W. Lines to the District. The Developer
may use the District' ting W. - • e the individual Taps, if the District
determines in its sol- etior g Water Line may be accessed and has
available capacity and p o serve the Development.
2.4 Lin- ated within the Development's roadway or
utility/wate easem- - uture -ir of paving or other improved surfaces
subsequ- o the initial in ation of any Water Line shall be the responsibility of the
Develo. -omeowners A- ciation, or current owner of the Right-Of-Way. The
District wil I and back he trench to the surface but will not rebuild any surface
improvement , ding of limited to pavement, curb and gutter, sidewalk, or
landscaping othe ses.
2.5 No water service will be provided to any water Tap within the
Development until all fees, expenses and charges as determined by the District have
been paid and/or raw water dedicated. The fees, charges and expenses, and/or water
dedication shall be as determined and defined by the District and based upon such
fees, charges and expenses, and water dedication requirements then in effect.
Developer understands that the amount due for such fees, charges and expenses,
and/or water dedication are subject to change or modification at the sole discretion of
District.
2.6 Pursuant to this Agreement, the fees, expenses and charges for a water
Tap consist of:
(1) Review & Inspection Fee as provided in Paragraph 2.8;
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(2) Infrastructure Enhancement Fee as determined in Paragraph 2.9;
(3) Plant Investment Fee as provided in Paragraph 2.10;
(4) Mileage Charge pursuant to Paragraph 2.11 ; and
(5) Raw Water or Cash in Lieu Fee as provided in Paragraph 2.12;
(6) Raw Water Storage Fee as provided in Paragraph 2.12.2; and
(7) Meter Fee as provided pursuant to Paragraph 2.15.
Notwithstanding anything to the contrary herein, payment of all fees, expenses
and charges as established pursuant to this Agreement shall be a condition precedent
to the District providing water service to any Tap within the Dev: •meet. Except as
provided in 7.1, if the total fees, expenses and charges are n. :id, all prior fees,
expenses and charges paid by the Developer for any impro ients made by the
Developer shall be considered as forfeited to the District . . • ed damages as
accurate calculation and determination of damages wo of b- ible.
2.7 The Raw Water or Cash in Lieu Fee, 5`E t Investment F- •d Mileage
Charge must be completed and fulfilled jointly be the District provides . y water
service. Once these fees have been paid or c. '' . eted, t 'eveloper or Lot Owner will
then have one (1) year to pay for and have th. -ter s- 4 pon installation of the
meter, or, after one (1) year of payment of these r -d fees, the District shall
commence billing the Developer or Lot Owner a Mi •, Monthly Charge in
accordance with the policies the Distri then in effect. inimum Monthly Charge
shall apply whether or not any water .ugh the
2.8 The District will be expen res• e -view and inspection of the
Development including but not limited to i• ring review, Water Line inspection,
surveying, bacteriological to ' .nd pre testing of the Water Line constructed for
the development. The D- . . - I be re• -d to reimburse the District for such
expenses and shall be . ' n as t "Review . Inspection Fee". The Review and
Inspection Fee shall • .olely de . District, and for this Development said
fee shall be the sum . 800 this payment determined to be $200.00
of said Fee shall be pai. Developer and payment shall be made upon execution
of this Agreeme - is the der$3,600.00 of said Fee be made prior to
commencem- ctio + ater Lines that will serve the Development, or the
issuance o buildin. it, ever occurs earliest. The Review and Inspection
Fee, as : .lished in this agraph 2.8 is non-refundable.
2.9 • - District be constructing substantial Infrastructure, including but
not limited to -tion • elve (12) inch waterline from WCR 37 and SH 392
including valves, - . :nd other appurtenances. A portion of these enhancements
will be attributable to •evelopment and an "Infrastructure Enhancement Fee" will be
charged to the Developer. The Infrastructure Enhancement Fee shall be solely
determined by the District, and for this Development said fee shall be the sum of
$200,700.00. A portion of this payment determined to be $10,100.00 of said Fee shall
be paid by the Developer and payment shall be made upon execution of this Agreement
and the remainder $190.600.00 of said Fee be made prior to commencement of
construction of Water Lines that will serve the Development, or the issuance of any
building permit, whichever occurs earliest. The Infrastructure Enhancement Fee, as
established in this Paragraph 2.9 is non-refundable.
2.10 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
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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
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 mak
•
Charge then in effect. The Mileage Charge has been W
2.12 The "Raw Water or Cash In Lieu Fee" r:.0 rement for evelopment
shall be met by payment of "Cash in Lieu". The De +per or Lot Own be
responsible for making payment of this fee. Sal. ment shall be made for to the
issuance of any building permit or the setting o ater m- !: , whichever occurs
earliest. All Cash In Lieu Fees paid shall be i orda ith the Cash In Lieu Fee as
established by the District and in effect at the ti • ent.
2.12.1 At the sole discretion of •istrict, the Dis -,ay allow the Developer to
dedicate Raw Water to fulfill the raw ement. :w water requirement for
a Residential Tap being a single famil -si. - _ • - 1) of shall be the dedication
of at least one (1) Unit of Colorado Big ' .•mps^ oject water per Tap, or at
least one (1) share of North Poudre Irriga= , ° ' pany (NPIC) stock for every four (4)
residential Taps.
2.12.2 In additi. . the d: ation of ' Raw Water, the Developer shall be
responsible for a Ra -ter Sto - . :°ermined by District. The Raw Water
Storage Fee shall be ed o it of CBT or four times per share of NPIC
that is dedicated to the ► he Raw Water Storage Fee payment shall be made in
conjunction with • - .edica the Raw Water.
2.1 e Deve . sha ide the District with security, as deemed
accepta. .y District, to re the installation and warranty of Water Lines within the
Develo. during the tw. -ar conditional acceptance period. Said security shall
cover 25% costs for c' .truction of said Water Lines, which shall be released at
the expiration . - two- warranty period and upon full acceptance of the Water
Lines by the Dist r pe of security to be accepted shall be at the sole discretion
of the District, which ormally 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, in- ted, serviced or
provided by District.
3.2 However, as a courtesy and public service, !` 'II permit Developer
to install certain fire protection infrastructure pursuant t. pro of this Article 3
and any other provisions or requirements deemed ne• -s ary by Di 'n its sole
discretion.
3.3 Developer shall provide to the Di- , FPD - Weld County plans and
specifications for fire protection infrastructure, ding , not limited to location and
size of Water Lines to serve fire hydrants ("Fire . Said plans shall be in
accordance with any specifications and requiremen -blished by District, Weld
County and/or FPD.
3.4 Upon final approval of th. an . • . by •istrict, Weld County and
FPD, Developer shall be responsible fo .tall. . ame including all costs
incurred by District to review plans, insta .- nd inspection of the same by District.
Upon approval of the install-. all suc facilities by District, Weld County and
FPD, District will thereaft: . he resp . ibility of effecting maintenance and
repairs of such facilities Distric ill be co sated for such maintenance and
repairs, in perpetuity, •evelo. - •• -. ," ers Association in the Ridge View
Subdivision. Additio esp' ' . costs of maintenance and repairs shall
become a part of coven- run with the title to all lots and property within the
Ridge View Sub.' ' 'on, an. h shall constitute a first and prior lien upon all lots and
property in s '-w S ' ion.
3.- As additiona sideration for this Agreement, Developer understand that
District 'ot and will not orm any independent review or analysis of the adequacy
of any fire ' 'es. Accor. sly, Developer releases District from any and all liability or
claims of any that c ": be made against the District, including but not limited to
water pressure, =ck of water, maintenance, volume or velocity of flow, or any
other item related to acilities 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) ' ` -TE
6.1 This Agreement is for a single syste er service whic -ns that one
(1) system provides water for all water usage wit ` 'idge View Subdivisi• . Neither
the Developer nor any Lot Owner will construc -tall or a secondary or alternative
water system within Ridge View Subdivision t an ndment to this Agreement
to insure proper installation, use and connection . • water system. For any
breach of this provision, District shall have the righ continue water service to the
entire Development until an amendme• to this Agree .as been finalized by the
District, Developer and/or all Lot Ow
A
ISCEL IEOUS
7.1 This Agre -nt is c• ,itional a- final plat of the Development has not
yet been approved b -Id Cou slat is not approved on or before the
1st day of May, 2007, a gre' - be terminated by Developer and the
same shall be consider-. d void. Notwithstanding any language to the contrary,
Developer shall .- - titled -fund of 98% of costs and expenses paid pursuant to
Article 2.10, ifs -fund is applied for within one (1) year of the
payment to the • . Th- 0 retention by the District shall be considered as
administ e expenses. .r any portion of costs or expenses the Developer incurred
pursua articles 2.1, 2.8 - 9 and 2.15 shall not be entitled to a refund of any
amount.
7.2 Th1 -nt cannot be assigned by Developer without the express
written approval of ' t.
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.
DEVELOPER:
By: By:
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By: By:
Secretary President
STATE OF COLORADO
ss.
COUNTY OF
The foregoing instrument was ` •ed befor- this day of
, 20 , by
Developer.
Witness my hand an. I seal.
My commission : es:
Notary Public
STATE • OLORADO
COUNTY • LD
r
The foreg. '. - ent 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
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BOARD OF DIRECTORS I NORTH WELD COUNTY WATER DISTRICT
- CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE, CO 80646
RALPH PRIOR
JOHN
JOHNSON DON POSSELT, DISTRICT MANAGER
CE BUCK RINEHART �..
NELS NELSON P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970)395-0997
www.nwcwd.org • e-mail: water@nwcwd.org
November 17,2005
Joseph Hoff Robb Casseday
134 Oak Ave. 55 S Elm Ave. Ste 210
Eaton, CO 80615 Eaton, CO 80615
970.454.23 61 970.454.8740
This letter is in response to your inquiry regarding water service to the following described property,
Approx. 15913 WCR 70, in a portion of Section 10, T6N, R66W of the 6th Prime Meridian.
Parcel 080510400013
1 Water Service is presently being provided to the above mentioned property through meter-#
2. North Weld County Water District is able and intends to provide water service to the above-mentioned
property,provided all requirements of the District are satisfied. If contracts have not been completed with North Weld
County Water District within one year from the date of this letter,the District may refuse to supply water to the above-
mentioned property. The District reserves this right to refuse service,in the event that raw water is unavailable,and/or
pipeline or Filter Plant capacity is not capable to provide additional service. Before a water tap may be purchased,the
applicant must provide a copy of a Warranty Deed,a Physical Address,this letter,and grant a 30 foot easement
adjacent to both WCR 70 and WCR 33.
3. The District requests that for any County Process, including but not limited to a Recorded Exemption
(RE), Subdivision Exemption (SE), Use by Special Review(USR), Planned Unit Development(PUD), Minor
Subdivision or Off-Site Construction Plans within Weld or Larimer County that the respective County place North
Weld County Water District on the referral list. Furthermore,the District requests that the applicant submit the plat
to North Weld County Water District for review prior to submitting the plat to the County for filing. The District
may need additional waterline easement(s)or waterline improvements to provide service to the parcels being
created or modified. If the plat is recorded without District approval, additional easements may have to be
recorded and/or additional waterline improvements will need to be constructed in order to maintain or establish
new water service(s).
4. The District recommends that anticipated raw water be purchased through the District. The District guarantees
treatment and delivery of water purchased. All water that is delivered with surcharge is subject to water
availability. Water purchased through the District shall be 70%delivery of an Acre-Foot of water(228,000 gallons),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%. A portion of the Raw Water Fee is utilized by the District to construct storage
reservoirs.
5. North Weld County Water District does offer a Residence Only"RO"water tap. Water may be used for any
purpose with this tap, but the user will be penalized when year-to-date usage exceeds the allotment. With this option
the customer purchases only 1/2 of the Raw Water Unit. Therefore the District will deliver 35% of an Acre-Foot of
water(114,000 gallons),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%. With purchasing a RO tap,the customer is charged a
different water surcharge rate than a normal customer. Refer to the following page for current rates.
6. The Plant Investment Fee pays for the infrastructure required to deliver 1 AFU (228,000 gallons). If usage
exceeds the number of Plant Investments that were purchased, an additional Plant Investment Surcharge will be
applied to your account. Plant Investments may be purchased to increase the amount of water to be delivered and
avoid the Plant Investment Surcharge.
Refer to the following page for a break down of the Districts' Tap Fees and Usage Rates.
Sincerely,
a.---a—
Alan Overton
North Weld County Water District
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BOARD OF DIRECTORS I NORTH WELD COUNTY WATER DISTRICT
^CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE, CO 80646
RALPH PRIOR DON POSSELT, DISTRICT MANAGER
JOHN JOHNSON r,
CE BUCK RINEHART '^ P. BOX 56 • PHONE (970)356-3020 • FAX (970) 395-0997
NELS NELSON November 17, 2005
www.nwcwd.org • e-mail: water@nwcwd.org
The Tap Fees quoted below,shall be valid for ten (10) business days from the date the applicant receives this
letter and the tap fees must be paid within the ten (10) business days to receive the fees as quoted below.
After ten (10) business days, the costs will be subject to the then in effect rates(current cost) established by the
District. The District is not responsible for notifying individuals,banks,lenders,prospective buyers,real estate agents
or anyone else, in any manner, of a change of rates and or fees.
TAP FEES INSTALLATION COST
Raw Water for One Acre-Foot Unit(AFU) $11,000 Meter Set Fee
Storage Fee Portion of Raw Water Fee $1,000 $TBD
Base Portion of Plant Investment Fee $7,500
Meter Set Fee to be determined based on fire
Distance Portion of Plant Investment Fee $3,900 hydrant placement and site-layout.
(13 miles)
TOTAL Up-Front COSTS For STANDARD $23,400.00+ Meter Set Fee
TAP
TOTAL Up-Front COSTS For RESIDENTIAL $17,400.00+ Meter Set Fee
ONLY TAP(See Paragraph 5)
Price is valid for ten (10)business days from receiving this letter.
Minimum Pressure 35 psi
.-� Normal Pressure Range 50 psi to 70 psi
Maximum Pressure 70 psi
After the water tap has been purchased(Raw Water AFU &Plant Investment Fee)the applicant has one year in which
to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within
twelve months from the purchase date and the applicant requests to relinquish the meter,the District shall refund the
applicant 98%of the purchase price paid by applicant. If the meter remains unset for thirteen to eighteen months after
the initial purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 90%of
the purchase price paid by applicant. If the applicant does not choose to relinquish the meter within one year of
the applicant purchasing the meter and the meter remains unset,the account will begin billing the minimum
monthly amount.
Usage Rates and Fees
Usage Amount Charge or Rate Per Month
0 to 10,000 gallons $24.00 Minimum
Effective 01/01/2006 0 to 10,000 gallons $25.00 Minimum
10,000 gallons and up $2.40 per 1,000 gallons
Effective 01/01/2006 10,000 gallons and up $2.50 per 1,000 gallons
Water Rental Fee
North Weld County Water District no longer allows the renting of water from the District to stay out of surcharge.
The District plans on adjusting the Water Surcharge Rate based on the District's water supply and the current
market price of water.
Water Surcharge
Surcharge will be assessed when an account's year to date usage exceeds their annual allotment. Currently
surcharge is $0.10 per 1,000 gallons. This fee is to recover the District's cost to obtain additional water rights for
delivery. THIS RATE IS NOT APPLICABLE FOR A RESIDENCE ONLY"RO"TAP.
Rate Differential Charge
North Weld County Water District's customers have the option of transferring Colorado Big Thompson (CBT)
Project Water that they own or control to the District, on an annual basis. This water is utilized to increase the
amount of raw water allocated to a tap. The District will treat and deliver this water without water surcharge. A
Rate Differential charge of$20.00 per acre-foot will be assessed on all of these transfers.
Plant Investment Surcharge
When an account's year to date usage exceeds their Plant Investment Allotment(# of Equivalent Taps x 228,000
gallons), a surcharge will be assessed. The transfer of additional water will not remove this charge. Additional
Plant Investments must be purchased to increase the allotment and reduce the Plant Investment Surcharges.
0 to 456,000 gallons above the Plant Investment Allotment $3.15 per 1,000 gallons
More than 456,000 gallons above the Plant Investment Allotment $1.30 per 1,000 gallons
Residential Only"RO" Taps
Also known as Inside-Use Only taps. The water surcharge for a RO tap is currently $4.00 per 1,000 gallons. This
surcharge is assessed when an account's year to date usage exceeds 114,000 gallons.
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BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT
;i•�CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE, CO 80646
!PM
RALPH PRIOR
DON POSSELT, DISTRICT MANAGER
JOHN JOHNSON
CE BUCK RINEHART r' P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970)395-0997
NELS NELSON
www.nwcwd.org • e-mail: water@nwcwd.org
November 17, 2005
Joseph Hoff Robb Casseday
134 Oak Ave. 55 S Elm Ave. Ste 210
Eaton, CO 80615 Eaton, CO 80615
970.454.2361 970.454.8740
This letter is in response to your inquiry regarding water service to the following described property,
Approx. 15913 WCR 70, in a portion of Section 10, T6N, R66W of the 6th Prime Meridian.
Parcel 080510400013
1. Water Service is presently being provided to the above mentioned property through meter ft
2. North Weld County Water District is able and intends to provide water service to the above-mentioned
property,provided all requirements of the District are satisfied. If contracts have not been completed with North Weld
County Water District within one year from the date of this letter,the District may refuse to supply water to the above-
mentioned property. The District reserves this right to refuse service,in the event that raw water is unavailable,and/or
pipeline or Filter Plant capacity is not capable to provide additional service. Before a water tap may be purchased,the
applicant must provide a copy of a Warranty Deed,a Physical Address,this letter,and grant a 30 foot easement
adjacent to both WCR 70 and WCR 33.
3. The District requests that for any County Process, including but not limited to a Recorded Exemption
(RE), Subdivision Exemption (SE), Use by Special Review(USR), Planned Unit Development(PUD), Minor
Subdivision or Off-Site Construction Plans within Weld or Larimer County that the respective County place North
Weld County Water District on the referral list. Furthermore,the District requests that the applicant submit the plat
to North Weld County Water District for review prior to submitting the plat to the County for filing. The District
may need additional waterline easement(s)or waterline improvements to provide service to the parcels being
created or modified. If the plat is recorded without District approval, additional easements may have to be
recorded and/or additional waterline improvements will need to be constructed in order to maintain or establish
new water service(s).
4. The District recommends that anticipated raw water be purchased through the District. The District guarantees
treatment and delivery of water purchased. All water that is delivered with surcharge is subject to water
availability. Water purchased through the District shall be 70%delivery of an Acre-Foot of water(228,000 gallons),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%. A portion of the Raw Water Fee is utilized by the District to construct storage
reservoirs.
5. North Weld County Water District does offer a Residence Only"RO"water tap. Water may be used for any
purpose with this tap, but the user will be penalized when year-to-date usage exceeds the allotment. With this option
the customer purchases only 1/2 of the Raw Water Unit. Therefore the District will deliver 35% of an Acre-Foot of
water(114,000 gallons), 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%. With purchasing a RO tap,the customer is charged a
different water surcharge rate than a normal customer. Refer to the following page for current rates.
6. The Plant Investment Fee pays for the infrastructure required to deliver 1 AFU (228,000 gallons). If usage
exceeds the number of Plant Investments that were purchased, an additional Plant Investment Surcharge will be
applied to your account. Plant Investments may be purchased to increase the amount of water to be delivered and
avoid the Plant Investment Surcharge.
Refer to the following page for a break down of the Districts' Tap Fees and Usage Rates.
Sincerely,
Alan Overton
North Weld County Water District
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BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT
CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE, CO 80646
RALPH PRIOR
DON POSSELT, DISTRICT MANAGER
JOHN JOHNSON
CE BUCK RINEHART '^ P.O. BOX 56 • PHONE (970) 356-3020 • FAX(970) 395-0997
NELS NELSON
November 17, 2005
www.nwcwd.org • e-mail: water@nwcwd.org
The Tap Fees quoted below,shall be valid for ten(10) business days from the date the applicant receives this
letter and the tap fees must be paid within the ten (10) business days to receive the fees as quoted below.
After ten (10) business days,the costs will be subject to the then in effect rates (current cost)established by the
District. The District is not responsible for notifying individuals,banks, lenders,prospective buyers,real estate agents
or anyone else, in any manner, of a change of rates and or fees.
TAP FEES INSTALLATION COST
Raw Water for One Acre-Foot Unit(AFU) $1 1,000 Meter Set Fee
Storage Fee Portion of Raw Water Fee $1,000 $TBD
Base Portion of Plant Investment Fee $7,500
Distance Portion of Plant Investment Fee Meter Set Fee to be determined based on fire
$3,900 hydrant placement and site-layout.
(13 miles)
TOTAL Up-Front COSTS For STANDARD
TAP $23,400.00+ Meter Set Fee
TOTAL Up-Front COSTS For RESIDENTIAL $17,400.00+ Meter Set Fee
ONLY TAP(See Paragraph 5)
Price is valid for ten (10)business days from receiving this letter.
Minimum Pressure 35 psi
�.. Normal Pressure Range 50 psi to 70 psi
Maximum Pressure 70 psi
After the water tap has been purchased(Raw Water AFU& Plant Investment Fee)the applicant has one year in which
to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within
twelve months from the purchase date and the applicant requests to relinquish the meter,the District shall refund the
applicant 98%of the purchase price paid by applicant. If the meter remains unset for thirteen to eighteen months after
the initial purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 90%of
the purchase price paid by applicant. If the applicant does not choose to relinquish the meter within one year of
the applicant purchasing the meter and the meter remains unset, the account will begin billing the minimum
monthly amount.
Usage Rates and Fees
Usage Amount Charge or Rate Per Month
0 to 10,000 gallons $24.00 Minimum
Effective 01/01/2006 0 to 10,000 gallons $25.00 Minimum
10,000 gallons and up $2.40 per 1,000 gallons
Effective 01/01/2006 10,000 gallons and up $2.50 per 1,000 gallons
Water Rental Fee
North Weld County Water District no longer allows the renting of water from the District to stay out of surcharge.
The District plans on adjusting the Water Surcharge Rate based on the District's water supply and the current
market price of water.
Water Surcharge
Surcharge will be assessed when an account's year to date usage exceeds their annual allotment. Currently
surcharge is $0.10 per 1,000 gallons. This fee is to recover the District's cost to obtain additional water rights for
�-. delivery. THIS RATE IS NOT APPLICABLE FOR A RESIDENCE ONLY"RO"TAP.
Rate Differential Charge
North Weld County Water District's customers have the option of transferring Colorado Big Thompson(CBT)
Project Water that they own or control to the District, on an annual basis. This water is utilized to increase the
amount of raw water allocated to a tap. The District will treat and deliver this water without water surcharge. A
Rate Differential charge of$20.00 per acre-foot will be assessed on all of these transfers.
Plant Investment Surcharge
When an account's year to date usage exceeds their Plant Investment Allotment(# of Equivalent Taps x 228,000
gallons), a surcharge will be assessed. The transfer of additional water will not remove this charge. Additional
Plant Investments must be purchased to increase the allotment and reduce the Plant Investment Surcharges.
0 to 456,000 gallons above the Plant Investment Allotment $3.15 per 1,000 gallons
More than 456,000 gallons above the Plant Investment Allotment $1.30 per 1,000 gallons
Residential Only"RO" Taps
Also known as Inside-Use Only taps. The water surcharge for a RO tap is currently $4.00 per 1,000 gallons. This
surcharge is assessed when an account's year to date usage exceeds 114,000 gallons.
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WATER SERVICE AGREEMENT
(DEVELOPMENTS - 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
Ridge View Farms, LLC, (hereinafter "Developer'), of Ridge View 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 th- _trict, in order to comply
with the provisions of Section 20, Article X of the Colorado ' itution and Article 45.1
of Title 37 of the Colorado Revised Statutes, as applicab =n•
WHEREAS, the District owns, maintains and '`''-rates a syste the storage
of and distribution of potable water within Weld C. - and Larimer Co olorado;
and
WHEREAS, the Developer desires to c• . t w e District for certain potable
water supplies and services for the Development as Ridge View Subdivision, in a
part of the NE Y of Section 23, Township 6 North, R. .6 West of the 6th P.M ; and
WHEREAS, Developer intend- develo. ' ore than three residential
lots which will require dedication of ra .ter a • -nt of cash in lieu of raw
water dedication in accordance with the s is Ag ement;
NOW, THEREFOR ideratis if the premises and the covenants and
agreements hereinafter • agree. -nd between the District and Town as
follows:
A- E 1
TER SUPPLY/FACILITIES
1.1 all 6 Development a customary supply of water for a
total of T -Four(24 'vidua -Ingle-Family residential taps ("Residential Tap").
The Dis shall furnish 76 if an acre foot (228,000 gallons) of water per equivalent
Tap per I water year, e allotment for Colorado-Big Thompson (CBT) project
water, whic' termine• the Northern Colorado Water Conservancy District is
50% or greater. -ne: e CBT allotment is less than 50% for any annual water
year, District will r-_ restrict the delivery of the amount of water per equivalent
Tap as deemed prop- =nd necessary by District to assure water supplies.
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 sixty (60) to ninety five (95) 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 and five (105) 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 en.' nd construction
plans and materials of all Water Lines within any Devel• ent o er Lines leading to
the Development. The Developer shall be responsib •,for payment . total cost of
the construction for Water Lines within the Develop t (or Water Lin are
necessary to serve the Development) that will sea he Taps. "Water Lin means all
lines which carry water to the meter vault(s) wi he De pment.
2.2 From the meter to the structure or . erved with water, water will
be delivered through private service lines which are -Iled by the Developer or Lot
Owner, and for which the District has • responsibility . •ility.
2.3 After the Developer has •al -. uct-d the Water Lines, the
Developer will be required to submit a I- of r ip value of the Water Lines;
and such has been approved by the Dist District will conditionally accept the
Water Lines by issuance of - -'tional a, stance letter (see Exhibit "K). Two years
after conditional accepta ater Li subject to final approval by the District,
Developer shall dedica - nersh if the W- Lines to the District. The Developer
may use the District ting W• • -` e the individual Taps, if the District
determines in its sol- etio. • - g Water Line may be accessed and has
available capacity and p o serve the Development.
2.4 - Lin- ated within the Development's roadway or
utility/wate easem- uture it of paving or other improved surfaces
subsequ- o the initial in ation of any Water Line shall be the responsibility of the
Develo• omeowners A= ciation, or current owner of the Right-Of-Way. The
District wil and back he trench to the surface but will not rebuild any surface
improvement , ding t of limited to pavement, curb and gutter, sidewalk, or
landscaping othe w ses.
2.5 No water service will be provided to any water Tap within the
Development until all fees, expenses and charges as determined by the District have
been paid and/or raw water dedicated. The fees, charges and expenses, and/or water
dedication shall be as determined and defined by the District and based upon such
fees, charges and expenses, and water dedication requirements then in effect.
Developer understands that the amount due for such fees, charges and expenses,
and/or water dedication are subject to change or modification at the sole discretion of
District.
2.6 Pursuant to this Agreement, the fees, expenses and charges for a water
Tap consist of:
(1) Review & Inspection Fee as provided in Paragraph 2.8;
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(2) Infrastructure Enhancement Fee as determined in Paragraph 2.9;
(3) Plant Investment Fee as provided in Paragraph 2.10;
(4) Mileage Charge pursuant to Paragraph 2.11; and
(5) Raw Water or Cash in Lieu Fee as provided in Paragraph 2.12;
(6) Raw Water Storage Fee as provided in Paragraph 2.12.2; and
(7) Meter Fee as provided pursuant to Paragraph 2.15.
Notwithstanding anything to the contrary herein, payment of all fees, expenses
and charges as established pursuant to this Agreement shall be a condition precedent
to the District providing water service to any Tap within the Dev: 'ment. Except as
provided in 7.1, if the total fees, expenses and charges are n. ..id, all prior fees,
expenses and charges paid by the Developer for any impro ''"' dents made by the
Developer shall be considered as forfeited to the District - • • ed damages as
accurate calculation and determination of damages wo of b- ible.
2.7 The Raw Water or Cash in Lieu Fee, • t Investment F- : -d Mileage
, Charge must be completed and fulfilled jointly be the District provides - y water
service. Once these fees have been paid or c• eted, t 3eveloper or Lot Owner will
then have one (1) year to pay for and have th. -ter s- A pon installation of the
meter, or, after one (1) year of payment of these -d fees, the District shall
commence billing the Developer or Lot Owner a Mi • Monthly Charge in
accordance with the policies the Distri then in effect. inimum Monthly Charge
shall apply whether or not any water ugh the
2.8 The District will be expen• - • e -view and inspection of the
Development including but not limited to . c ring review, Water Line inspection,
surveying, bacteriological to • -nd pre = testing of the Water Line constructed for
the development. The D:- • • - I be re. 'l-d to reimburse the District for such
expenses and shall be . n as t 'r"Review • Inspection Fee". The Review and
Inspection Fee shall • -olely de ••'• -- • a District, and for this Development said
fee shall be the sum . 800 ' .• - this payment determined to be $200.00
of said Fee shall be pal. Developer and payment shall be made upon execution
of this Agreeme - a• the - der $3,600.00 of said Fee be made prior to
commencem- ctio 4 ater Lines that will serve the Development, or the
issuance o- buildin• it, ever occurs earliest. The Review and Inspection
Fee, as •fished in this agraph 2.8 is non-refundable.
2.9 •e District be constructing substantial Infrastructure, including but
not limited to i -tion • elve (12) inch waterline from WCR 37 and SH 392
including valves, - • nd other appurtenances. A portion of these enhancements
will be attributable to •evelopment and an "Infrastructure Enhancement Fee" will be
charged to the Developer. The Infrastructure Enhancement Fee shall be solely
determined by the District, and for this Development said fee shall be the sum of
$200,700.00. A portion of this payment determined to be $10,100.00 of said Fee shall
be paid by the Developer and payment shall be made upon execution of this Agreement
and the remainder $190.600.00 of said Fee be made prior to commencement of
construction of Water Lines that will serve the Development, or the issuance of any
building permit, whichever occurs earliest. The Infrastructure Enhancement Fee, as
established in this Paragraph 2.9 is non-refundable.
2.10 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
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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
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
Charge then in effect. The Mileage Charge has been W
2.12 The "Raw Water or Cash In Lieu Fee" r: •u rement fo evelopment
shall be met by payment of "Cash in Lieu". The De. 'per or Lot Own be
responsible for making payment of this fee. Sai. ment shall be made or to the
issuance of any building permit or the setting o ater m• , whichever occurs
earliest. All Cash In Lieu Fees paid shall be i orda ith the Cash In Lieu Fee as
established by the District and in effect at the ti • ent.
2.12.1 At the sole discretion of,'istrict, the Dis -gay allow the Developer to
dedicate Raw Water to fulfill the raw ' ement. :w water requirement for
a Residential Tap being a single famil si. - 1) of shall be the dedication
of at least one (1) Unit of Colorado Big •mps' - oject water per Tap, or at
least one (1) share of North Poudre Irrig. , ` pany (NPIC) stock for every four(4)
residential Taps.
2.12.2 In additi. • the d: ation of Raw Water, the Developer shall be
responsible for a Ra - -ter Sto • : ermined by District. The Raw Water
Storage Fee shall be 'ed o, • - - it of CBT or four times per share of NPIC
that is dedicated to the • he Raw Water Storage Fee payment shall be made in
conjunction with .- •edica , the Raw Water.
2.1 e Deve . sha ide the District with security, as deemed
accepts. ay District, to re the installation and warranty of Water Lines within the
Develo• during the tw.- -ar conditional acceptance period. Said security shall
cover 25%`. costs for c' .truction of said Water Lines, which shall be released at
the expiration . - two- warranty period and upon full acceptance of the Water
Lines by the Dist pe of security to be accepted shall be at the sole discretion
of the District, which ormally 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, in ted, serviced or
provided by District.
3.2 However, as a courtesy and public service, III permit Developer
to install certain fire protection infrastructure pursuant t. pro of this Article 3
and any other provisions or requirements deemed net -s ary by Di 'n its sole
discretion.
.-- 3.3 Developer shall provide to the Di- , FPD . ` Weld County plans and
specifications for fire protection infrastructure, ding not limited to location and
size of Water Lines to serve fire hydrants ("Fire • . Said plans shall be in
accordance with any specifications and requiremen .blished by District, Weld
County and/or FPD.
3.4 Upon final approval of th an • by listrict, Weld County and
FPD, Developer shall be responsible fo .tall. • ame including all costs
incurred by District to review plans, insta • •nd inspection of the same by District.
Upon approval of the install. ' all suc` facilities by District, Weld County and
FPD, District will thereaft= he resp ibility of effecting maintenance and
repairs of such facilities Distric ill be co sated for such maintenance and
repairs, in perpetuity, sevelo. • • -• a ers Association in the Ridge View
Subdivision. Additio espr • costs of maintenance and repairs shall
become a part of coven. run with the title to all lots and property within the
Ridge View Sub.' 'on, an. .ch shall constitute a first and prior lien upon all lots and
property in s.' -w S ion.
3.- i. As additiona sideration for this Agreement, Developer understand that
District •ot and will not orm any independent review or analysis of the adequacy
of any fire • 'es. Accor.' sly, Developer releases District from any and all liability or
claims of any that c• • be made against the District, including but not limited to
water pressure, • =ck of water, maintenance, volume or velocity of flow, or any
other item related to acilities 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) - -TE
6.1 This Agreement is for a single syste er service whic -ns that one
(1) system provides water for all water usage wit idge View Subdivisi• Neither
the Developer nor any Lot Owner will construc .tall or a secondary or alternative
water system within Ridge View Subdivision t an •ndment to this Agreement
to insure proper installation, use and connection . • water system. For any
breach of this provision, District shall have the righ -continue water service to the
entire Development until an amendme• to this Agree q as been finalized by the
District, Developer and/or all Lot Ow
A-
ISCEL 'EOUS
7.1 This Agre- •nt is c• +itional a• - final plat of the Development has not
yet been approved b -Id Cou • . Slat is not approved on or before the
151 day of May, 2007, A gre- - be terminated by Developer and the
same shall be consider-t d void. Notwithstanding any language to the contrary,
Developer shall •- - titled -fund of 98% of costs and expenses paid pursuant to
Article 2.10, ifs -fund is applied for within one (1) year of the
payment to the • . Th- <'o retention by the District shall be considered as
administ e expenses. •r any portion of costs or expenses the Developer incurred
pursua ;rticles 2.1, 2.8 9 and 2.15 shall not be entitled to a refund of any
amount.
7.2 Thi •nt cannot be assigned by Developer without the express
written approval of I t.
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.
DEVELOPER:
By: By:
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By: By.
Secretary President
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was -••ed befor_ this day of
, 20 , by ,
Developer.
Witness my hand an. .>I seal.
My commission
Notary Public
STATE • OLORADO
COUNTY • LD
-- The foregs • - ent 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
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