HomeMy WebLinkAbout20062785.tiff BOARD OF DIRECTORS I NORTH WELD COUNTY WATER DISTRICT
CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE, CO 80646
RALPH PRIOR
r'OHN JOHNSON DON POSSELT, DISTRICT MANAGER
,E BUCK RINEHART
NELS NELSON P.O. BOX 56 • PHONE (970)356-3020 • FAX(970)395-0997
www.nwcwd.org • e-mail: water@nwcwd.org
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November 9, 2005
To: Casseday Creative Designs, LLC From: North Weld County Water District
Attn: Robb Casseday P.O. Box 56
55 South Elm Avenue, Suite 210 33247 Hwy 85
Eaton,CO 80615 Lucerne,CO 80646
Re: New Cache Estates PUD
Enclosed is a DRAFT Water Service Agreement for North Weld County Water District to
provide water service, and fire flows of 1,000 gpm to the Development with a Residual System
Pressure of 20psi. The District currently can only provide a fire flow of 250 gpm with the
existing distribution system. If another source of water is utilized to meet the fire flow
requirement the Infrastructure Fee would be about$20,000 versus$350,000.
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 Time of Payment
Review&Inspection Fee $4,750 Up-Front
Infrastructure Fee $350,000 Up-Front
$354,750 Total Up-Front
Plant Investment Fee $7,500 per Lot @ Building Permit or Water
Service Connection
Mileage Charge $4,800 per Lot @ Building Permit or Water
Waived Service Connection
Cash-In-Lieu of Raw Water $11,000 per Lot @ Building Permit or Water
Service Connection
Raw Water Storage Fee $1,000 per Lot @ Building Permit or Water
Service Connection
Meter Set Fee $900 per Lot @ Water Service Connection
$20,400 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(which
will be needed before final County approval).
I have also enclosed our most recent news letter which contains some general information. If you
have any questions,please contact me.
Sincerely,
�s—yL
Alan Overton
North Weld County Water District
2006-2785
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
Ed Orr, (hereinafter "Developer'), of New Cache Estates 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 , 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 applicabrn
WHEREAS, the District owns, maintains and, ra#es a sy for the storage
of and distribution of potable water within Weld Ceunty and Larimer Co pty, Colorado;
and
WHEREAS, the Developer desires to cont • itpha District for ce`ftain potable
water supplies and services for the Development kn s New Cache Estates PUD,
part of the West half of the Northea arter of Sectio Township 6 North, Range
66 West of the 6th Principal Meridian, ty of Weld, St Colorado lying south of
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the New Cache #2 Irrigation Canal; and�� „
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WHEREAS, Developer intends tout /or p more than three residential
lots which will require 4 ® s s; • of raw wa and/or p anent of cash in lieu of raw
water dedication in Wordano ,ith the term of this Agreement;
NOW, THER , in sideration tie premises and the covenants and
agreements hereinafter s 3.10ihN ,d by and between the District and Town as
follows
ARTICLE 1
WAT R„' SUPPLY/FACILITIES
1.1 District Wall furnish Development a customary supply of water for a
total of nine (9) l- , idual, ngle-Family residential taps ("Residential Tap"), and one (1)
Irrigation/Open-SOa er taps ("Irrigation Tap"), and collectively identified as ("Tap or
Taps"). The District` tall 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
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r-. system, which interruption or reductions are temporary, and in the sole opinion of the
District, if necessary.
1.4 The District shall install, own, repair and maintain a meter vault at each
individual lot 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 eighty (80) 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 (100) 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 tot.,:;,
ARTICLE 2 « ' "
TAPS, LINES AND FE ,
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2.1 The District must approve, in writing irheering a •onstruction
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plans and materials of all Water Lines within an • ement or Wat `fines leading to
the Development. The Developer shall be r , ible for:payment of the cost of
the construction for Water Lines within the Deve • l,went (or Water Lines that are
necessary to serve the Development)that will sell) ~ Taps. 'Water Lines", means all
lines which carry water to the meter vault(s) within th elopment.
2.2 From the meter to the sty u ~ lot being s h d ~with water, water will
•be delivered through private service lines,„w installed btthe Developer or Lot
Owner, and for which the District has no espm, Alaty.
2.3 After th ex Dek�7 ./ Q has installed and constructed the Water Lines, the
Developer will be r,•,, :' ed to s 8 it a letter of.receipt of the value of the Water Lines;
and such has been approved bt he District, t District will conditionally accept the
Water Lines by issuanc "` •a a r . a opal acc ance letter (see Exhibit "A"). Two years
after conditional ptan . the `:x 3 . s, subject to final approval by the District,
Developer shall .= ,to ownership of the Water Lines to the District. The Developer
may use°the District's" ing Lines to serve the individual Taps, if the District
determines.in its sole di retion, t he existing Water Line may be accessed and has
availablet •pacity and pr L.A.,::
to�serve the Development.
2.4 Prk&:ail Waterlines located within the Development's roadway or
utility/waterline eibments, future repair of paving or other improved surfaces
subsequent to the ii '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.
2.6 Pursuant to this Agreement, the fees, expenses and charges for a water
Tap consist of:
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(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; Waived 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::tbe a condition precedent
to the District providing water service to any Tap within the;, '�' lopment. Except as
provided in 7.1, if the total fees, expenses and charges, not ` , all prior fees,
expenses and charges paid by the Developer for an i*oveme • ade by the
Developer shall be considered as forfeited to the Q;j Sc liquidat . mages as
accurate calculation and determination of damage's would not be poss }e..
2.7 The Raw Water or Cash in Lieu Fe ,.Plant I stment Fee, and Mileage
Charge must be completed and fulfilled jointly befo 'District provides any water
service. Once these fees have bee aid or complet ,- a Developer or Lot Owner will
then have one (1) year to pay for an the meter se on installation of the
meter, or, after one (1) year of payme reference , the District shall
commence billing the Developer or LotOwnerr . ' imum M i ,..ly Charge in
accordance with the policies the District then in
k,„„ < ho:J\7�i� nimum Monthly Charge
shall apply whether or napexwater is takenhrough theTap.
2.8 The ict will xpending r ources for review and inspection of the
Development incltidi tut not ited to engineering review, Water Line inspection,
surveying, bacteriologic i,.:. ipressure t'esting of the Water Line constructed for
the development the DS . er wi fired to reimburse the District for such
expenses and shall b nown the "Review and Inspection Fee". The Review and
Inspection Fee shall b lely repined by the District, and for this Development said
fee shalj.be the sum o $4750.°°. 'portion of this payment determined to be $200.°° of
said Fee hap"'be paid by`# Developer and payment shall be made upon execution of
this Agree e •and the reminder$4,550.0° of said Fee be made prior to
commenceme construion of Water Lines that will serve the Development, or the
issuance of any ing; rmit, whichever occurs earliest. The Review and Inspection
Fee, as establishe 'Vim Paragraph 2.8 is non-refundable.
2.9 The District may be constructing substantial Infrastructure, including but
not limited to connection to the existing watermains at WCR 33 & Hwy 392 and at the
entrance to the Development along Hwy 392. A portion of these enhancements will be
attributable to the Development 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
$350,000.0°. A portion of this payment determined to be $3,500.°° of said Fee shall be
paid by the Developer and payment shall be made upon execution of this Agreement
and the remainder $346500.0u 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
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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
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 tho issuance of any building
permit or the setting of a water meter, whichever occurs oarlioct. All Mileage Charges
paid shall bo in accordance with tho Mileage Charge as established by the District-and
in effect at tho time of the payment. No portion of the Mileage Chargo shall be-returned
approved by Weld County, oven if the number of lots and/or Taps inthe Development-is
��.t:•::,•: 'Charge then in effect. Waived.
2.12 The "Raw Water or Cash In Lieee" requirement for this Development
shall be met by payment of"Cash in Lieu". the' '" lop,rbr Lot Owner will be
responsible for making payment of this fee. Said p• xvt shall be made prior to the
issuance of any building permit or th setting of a wat eter, whichever occurs
earliest. All Cash In Lieu Fees paid ,be in accordan with the Cash In Lieu Fee as
established by the District and in effec , e of paym
2.12.1 At the sole discretion of District, r tmay allow the Developer to
dedicate Raw Water to full• the raw watert iremeeri erhe raw water requirement for
a Residential Tap bei a' ' ' ;family resi'v nce on one (1) lot shall be the dedication
of at least one (1) U• of Colo Big Thom K son (CBT) project water per Tap, or at
least one (1) share oNrth Po re Irrigation • ; party (NPIC) stock for every four (4)
residential Taps
2 12.2 In to + edication of the Raw Water, the Developer shall be
responsible for a Raw ,.er St• .. e as determined by District. The Raw Water
Storagr•Fee shall be ap• :.. once each Unit of CBT or four times per share of NPIC
that is dedicated to the Di t. The Raw Water Storage Fee payment shall be made in
conjunction"r the dedic' • n of the Raw Water.
2.13 The`€ :veler shall provide the District with security, as deemed
acceptable by Distrf ' 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
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charges, if any, in accordance with the policies and procedures of the District at the time
of any Tap application, or any other expenses or costs that may be incurred by the
District in relation to the Development.
ARTICLE 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 plitript is not required to
provide fire flows or even allow fire protection devices, incluq4 but riot limited to
hydrants, Water Lines, sprinklers, and valves, to be install pected, serviced or
provided by District. k >:.1.;Ck:
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3.2 However, as a courtesy and publics . 'strict wi ►wmit Developer
to install certain fireprotection infrastructure;44' ant to the rovision?$p p ,t�,is Article 3
and any other provisions or requirements de necessary by District,`if ,:sole
discretion.
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3.3 Developer shall provid to the District, nd Weld County plans and
specifications for fire protection infra re, including •: of limited to location and
size of Water Lines to serve fire hydra ,Facilities"). : g>plans shall be in
accordance with any specifications and quo' "`:ats established by District, Weld
County and/or FPD. ' "t
3.4 Upon finrap of the pla and design by District, Weld County and
FPD, Developers ,, ,:
,, ,,;,e respdble for inst tion of the same including all costs
incurred by District to i. w pl ''s, installatior`d inspection of the same by District.
Upon approval of the in' 4 tip ych fire- acilities by District, Weld County and
FPD, Distr , . k reafte '' ume onsibility of effecting maintenance and
repairs of'st: h a ' put t will be compensated for such maintenance and
repairs, m perpetuity, °€bevel or Homeowners Association in the Development.
Additioiy, responsibil`4'`.. r all cos of maintenance and repairs shall become a part
of covenas%ts that run with "'e title= o all lots and property within the Development, and
which shall tibflstitute a fir band prior lien upon all lots and property in said
Development.',:%..:I.,%
,, •3.5 As add vial consideration for this Agreement, Developer understand that
District has not and tivll 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 .:-O!. ' o.,,,
DUAL WATER (IRRIGATION) *,STEM'%,
6.1 This Agreement is for a single sy water service whi 't,`runs that one
(1) system provides water for all water usage. 'n New Cache Estates•
.< ;Neither
the Developer or any Lot Owner will construct, i I,or usie secondary ooh Iternative
water system within New Cache Estates PUD withde` amendment to this Agreement
to insure proper installation, use and,connection of a water system. For any
breach of this provision, District shall": the right to dia" time water service to the
entire Development until an amendme t Agreemen'' "`, women finalized by the
District, Developer and/or all Lot Owner . :,ie,
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ARTf,� E 7
MISCELLlEOUS
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7.1 This Agre t ' ' al a sne fnal plat of the Development has not
yet been a d b We ,i unty ` : . "al plat is not approved on or before the
1st day Qf 2tanua₹y 2 thin' Bement can then be terminated by Developer and the
same all be conside pull af�,,•�yrid. Notwithstanding any language to the contrary,
Devefoler,shall be entlti`": t o a re#l}# of 98% of costs and expenses paid pursuant to
Article 2.l% 11 and 2.1' ,such 1efund is applied for within one (1) year of the
payment meWo the Dist •` . The 2% retention by the District shall be considered as
administrative' uses. I or any portion of costs or expenses the Developer incurred
pursuant to Articfd'',, .`1, ;• 2.9 and 2.15 shall not be entitled to a refund of any
amount. :W.
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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r. IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
DEVELOPER:
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By: By: DIf I
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
DAD '
By: 14 F By:
Secretary President 11*
•
STATE OF COLORADO ) ..4:.>:
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COUNTY OF ) %.%:;,.
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The foregoing instrument was ed before day of
, 20 , by ..
Developer. •'� 4\. ;.,
y
Witness my hand an.. ial seal.
My commigsidi ires:
Lly x... r %.
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`^ .:> Notary Public
X,v,
STATE OF tflORADO
loss• ss.
COUNTY OF W d.)
'
The foregoingtnstrument 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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