HomeMy WebLinkAbout20071281.tiff WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
November 6, 2006
Steven Mussman
Drexel Barrett & Co.
6513 W. 4th Street
Greeley, CO 80634
Re: Hauer 3 Lot PUD Draft Water Service
Agreement
Dear Mr. Mussman:
As per our phone conversation, I have reviewed the draft North Weld County Water District
Water Services Agreement for service to the Hauer 3 Lot PUD. The draft Agreement is
adequate; however, I am concerned that requirements stated in the transmittal letter from the
District, dated December 13, 2005, need to be addressed. Copies of the draft Agreement and the
transmittal letter are enclosed. I therefore am going to insist that before the draft Agreement is
submitted to the Weld County Department of Planning Services, those requirements either be
dealt with in the draft Agreement, or there be an accompanying letter stating how the
requirements have been addressed otherwise.
Please feel free to call me at (970) 356-4000, ext. 4390, if you should have any questions
regarding this letter.
Sinttrely
ruce T. Barker
Weld County Attorney.
Enc.
pc: Kim Ogle
2007-1281
BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT
CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE, CO 80646
-"ALPH PRIOR
_OHN JOHNSON DON POSSELT, DISTRICT MANAGER
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
TRANSMITTAL
December 13, 2005
1..
To: Troy and Angela Hauer From: North Weld County Water District
38515 WCR 41 P.O.Box 56
Eaton, CO 80615 33247 Hwy 85
Lucerne, CO 80646
Re: Water Service Agreement—Hauer 3 Lot PUD
Attached is a copy of a Water Service Agreement assuming that the District does not
have to provide fire flows and water will be provided on-site through a well or individual
sprinkler systems. If you are proposing to utilize your irrigation well for a separate
irrigation system such plans will have to be approved by the District and additional
language must be added to the Water Service Agreement.
Also enclosed is our most recent newsletter.
If you have any questions, please give me a call.
Thank you,
Alan Overton
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
Troy and Angela Hauer, (hereinafter "Developer'), of Hauer 3 Lot PUD, (hereinafter
"Development").
•
RECITALS
WHEREAS, District is a statutory special district formed under the laws of the
State of Colorado and is a quasi municipal corporation; and
WHEREAS, the District Enterprise was created by the ' nct,•in order to comply
with the provisions of Section 20, Article X of the Colorado . stitution and Article 45.1
of Title 37 of the Colorado Revised Statutes, as applicable;a •
WHEREAS, the District owns, maintains an grates a syst Vor the storage
of and distribution of potable water within Weld County and Larimer -t.( ty, Colorado;
and ,y
',v v t .i:' ,• rY
WHEREAS, the Developer desires to cone Ct it�t ` District for certain potable
p �xy.f�t't's
water supplies and services for the Development kn s Hauer 3 Lot PUD, located in
the NW %of Section 23, Township 7' orth, Range 65 ..; t of the 6a' P.M.; and
WHEREAS, Developer intends p h or develo .. `ie than three residential
lots which will require dedication of raw ter a i'�',,•,� pyment of cash in lieu of raw
water dedication in accordance with the te7•rns}.,cif thi fnent;
. "
NOW, THERE ORE, ' 'pnsideratio,Hof the premises and the covenants and
agreements hereip et forth' it is agreed ' 4and between the District and Town as
follows:
.40.*
` ,LE 1
SA
*...'�3', '`,. V ,,. ER SUPPLY/FACILITIES
sa .
11*.‘„ The Distric% ':,all furrni' Development a customary supply of water for a
total of nit") individua ingle-Family residential taps ("Residential Tap"). The
District shall h 70% (On acre foot (228,000 gallons) of water per equivalent Tap
per annual wate r, if ttte allotment for Colorado-Big Thompson (CBT) project water,
which is determine b {,the Northern Colorado Water Conservancy District is 50% or
"' greater. Whenever WCBT allotment is less than 50% for any annual water year,
District will reduce of 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.
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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 seventy five (75) to ninety (90) 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 twenty (120)
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 �,�r�
TAPS, LINES AND FEES .�
2.1 The District must approve, in writing,all en$nee nd construction
plans and materials of all Water Lines within any DeltiriTent o ,ter Lines leading to
the Development. The Developer shall be respon 1 or payment • 4e total cost of
the construction for Water Lines within the Deve, ment (or Water Line st are
necessary to serve the Development) that wilt** the taps. 'Water Liine", means all
lines which carry water to the meter vault(s)withtq'e D %, topment. #>,
2.2 From the meter to the tructure or lot be. served with water, water will
be delivered through private service I hich are inst2 by the Developer or Lot
Owner, and for which the District has sibility or liar
2.3 For all Water Lines located within,ttii ' K ctptiient's roadway or
utility/waterline easemegts future repair o4 ping or otPt" 'improved surfaces
subsequent to the imt•.et'`IhstaIJ 'on of any ter Line shall be the responsibility of the
Developer, Homeow s Asso' Cation, or curr. t owner of the Right-Of-Way. The
District will repair an' " kfill th }'trench to the k trface but will not rebuild any surface
improvements, includin notititegtvsitnent, curb and gutter, sidewalk, or
landscapin ian grass %; °
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2'4 No water: by ice wit bQ.provided to any water Tap within the
Development until all fe 'a .expens� S and charges as determined by the District have
been paid`'�Vq. /or raw war' edicated. The fees, charges and expenses, and/or water
dedication Sifallkee as detd$ fined and defined by the District and based upon such
fees, charges d xpens a, and water dedication requirements then in effect.
Developer under ps ttiit the amount due for such fees, charges and expenses,
and/or water dedic #pit are subject to change or modification at the sole discretion of
District.
•
2.5 Pursuant to this Agreement, the fees, expenses and charges for a water
Tap consist of:
(1) Review & Inspection Fee as provided in Paragraph 2.7;
(2) Infrastructure Enhancement Fee as determined in Paragraph 2.8;
(3) Plant Investment Fee as provided in Paragraph 2.9;
(4) Mileage Charge pursuant to Paragraph 2.10; and
(5) Raw Water or Cash in Lieu Fee as provided in Paragraph 2.11;
(6) Raw Water Storage Fee as provided in Paragraph 2.11.2; and
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•
(7) Meter Fee as provided pursuant to Paragraph 2.12.
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.
2.6 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 tlje District shall
commence billing the Developer or Lot Owner a Minimum Mptitfily Charge in
accordance with the policies the District then in effect. Th MJfl', um Monthly Charge
shall apply whether or not any water is taken through tt Tap. yy
2.7 The District will be expending resources r.review and `_spection of the
Development including but not limited to engineetng review, Water Li
�.�.� �` hSpection,
surveying, bacteriological testing, and pressureteating of'the Water Line'Chnstructed for
the development. The Developer will be requiredteimbirse 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 Distti €:and for this Development said
fee shall be the sum of$60.00. A poi i.- of this paymen 5 eterrnined to be $60.00 of
said Fee was paid by the Developer on ber 22, 200 he Review and
Inspection Fee, as established in this Paragra i .y is non-re u ridable.
2.8 The District m ybe constructing substantial Infrastructure, including but
not limited to construgtjn j a !i ' ;and 8" wate` ine from tfie intersection of WCR 76 and
WCR 41 to the proposed PUIll portion of these enhancements will be attributable to
the Development"and h9nfraa f?ucture Enhartderiient Fee" will be charged to the
Developer. The Infrast • e Sappesp. ent Fee shall be solely determined by the
District, andifotrthrs.{Devel ent sa} fee all be the sum of$6,400.00. A portion of
this payment"determined to b $400.00 of said Fee shall be paid by the Developer and
payment?shall be made pon exeoutipfi of this Agreement and the remainder$6,000.°0
of said Fee be made pndrto comIrfcement of construction of Water Lines that will
serve the`•Development, lit..he issuance of any building permit, whichever occurs
earliest. The,. ,frastructureEnhancement Fee, as established in this Paragraph 2.8 is
non-refundable.,
2.9 The per 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
' )stment 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
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.
2.10 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
.PASubdivisionsWauer-Belter.Iob PUDViaucr WSA(12-12-°5).doc
^^ 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.
2.11 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.
2.11.1 At the sole discretion of District, the District may allow the Developer to
dedicate Raw Water to fulfill the raw water requirement. The r yv;.vvater requirement for
a Residential Tap being a single family residence on one (1),,shall'be the dedication
of at least one (1) Unit of Colorado Big Thompson (CBT) µr`bje" fwater per Tap, or at
least one (1) share of North Poudre Irrigation Companyl$NPICck for every four (4)
residential Taps. a • -.
'
2.11.2 In addition to the dedication of th&kaw Water, the Dove Apr shall be
— responsible for a Raw Water Storage Fee as5defe mined by District. Th Maw'Water
Storage Fee shall be applied once for each Unit of CBT of f`our times per share of NPIC
that is dedicated to the District. The Raw Water Stbf eig4 ee payment shall be made in
conjunction with the dedication of the Raw Water. "'} '
2.12 Prior p to ameter being se • a{}water service ` 1provided at or for any
Tap, the Developer or parcel owner shall}be r to comp;'te the District's Ta
application form, pay the Meter Fee, and'a an . Tap
p Y y Ow fees, expenses and
charges, if any, in accorddance with the polir ies and pr cedures of the District at the time
of any Tap application, `4r Brnjrther expenses or costs that may be incurred by the
District in relation t a1 g Develi` nent.
tcle
::.�. rl C,E 3
''r ` FIRE PROTECTION
Fire protecuon is a is provision required for development activities in
the Weld t Aunty for whicffth •b*is DeVelopment is to be constructed. The Development
may be locdtS.within an es ablished fire protection district ("FPD") which has its own
policies, proced`Qs and requirements concerning fire protection which may be in
addition to or supplementany requirements imposed by the Weld County. Developer
understands that Duff#" fis 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.
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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 Hauer 3 Lot
PUD. 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 Hauer 3 Lot
PUD, and which shall constitute a first and prior lien upon all lots and property in said
Hauer 3 Lot PUD.
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 releaseiatrict from any and all
liability or claims of any type that could be made against th . District, including but not
limited to water pressure, line'size, lack of water, maintenatpp volume or velocity of
flow, or any other item related to fire facilities in the Deyclt pm
ke
3.6 All final approvals of this DevelopPle t..must ma Terence to the
responsibility of the Developer or HomeownerrAssociation concern,concernt expenses of
maintenance and repairs for the fire facilities - : ant to`iPa�r\a, graph 3.4. ;:
ARTICLE 4 ' w a
PETITION OF INCLUS N
4.1 If determined to be neces' 'strict, the , .. ,idper agrees to sign
and execute a standard Petition of Intl at n, E • 't"B".
1% se Akkr
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r ARTICLE 5
. EASEMENTS AND'RIGHTS-OF-WAY
}- e , M1 *
5.1 As additio a for Tie' ater Service Agreement, Developer
agrees to sigft.S tdexecut l nece ' e asements and Rights-of-Way regarding
specific Ipcations, wiB size; (pipeline(s) and descriptions for Water Lines as
determine d by the Di t ThisAgreement is conditional upon execution and recording
of the haSement and Rig} }pf-Wadi A reement, and until such Easement and Right-of-
Way Agreement is finalizedtito the=satisfaction of the District and recorded, District shall
not be required to provide 1py services of any type.
5.2 Ad�k allyet ny final development plat must be reviewed and approved
by District as to all d Cts of Easements and Rights-of-Way for water facilities,
pipelines and fire fact hies. 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 Hauer 3 Lot PUD. Neither the
Developer or any Lot Owner will construct, install or use a secondary or alternative
water system within Hauer 3 Lot PUD without an amendment to this Agreement to
insure proper installation, use and connection of a dual water system. The source of
water and the proposed irrigation system must be approved by the District Board of
Directors. 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.
P:\SubdivisionsWauer-Betterlob PUDWauer WSA(12-12-05).doc
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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 151
day of January, 2007, this Agreement can then be terminated by Developer and the
same shall be considered null and void. Notwithstanding any language to the contrary,
Developer shall be entitled to a refund of 98% of costs and expenses paid pursuant to
Article 2.9, 2.10 and 2.11 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, 2.7, 2.8 and 2.12 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 bindin . the parties hereto and
their heirs, executors, personal representatives, succe s a signs.
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PASubdivisionsWsuer-BeKedob PUDWsuer WSA(12-12-05).doc
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 before %pis day of
20 by
Developer. '"
y
Witness my h a 4.4. ial seal.
My commi§sio '' ires zor
Notary Public
STATE OF s tp ORADO
ss.
COUNTY OF WE. `)
The foregoing- nstrument 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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