HomeMy WebLinkAbout20062963.tiff BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT
CHARLES ACHZIGER 33247 HIGHWAY 65 • LUCERNE,CO 80646
RALPH PRIOR
JOHN JOHNSON DON POSSELT,DISTRICT MANAGER
CE BUCK RINEHART
NEL9 NELSON P.O.BOX 6b • PHONE(970)356-3020 • FAX(970)398.0997
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� w.nwcwd.ag • e-mall: water@nwcwd.org
TRANSMITTAL
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February 10,2006
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To: Christine Frederick From: North Weld County Water District
312 S. In Avenue P.O.Box 56
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Ault,CO 80610 33247 Hwy 85
Lucerne,CO 80646
Re: Frederick 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 following Table will aumnnrihe 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 It Inspection Fee $2,500 Up-Front
Infrastructure Fee $25,000 Up-Front
$27,500 Total Up-Front
Plant Investment Fee $7,500 per Lot @ Building Permit or Water
Service Connection
Mileage Charge $600 per Lot COBuilding Permit or Water
_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
$21,000 per Lot Total Tap Cost @ Water
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Service Connection
Please look over the documents end 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 me 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 and the
Water Supply Report for the State of Colorado Water Resources review. If you have any
questions,please contact me.
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Sincerely,
Nan Overton
North Weld County Water District
EXHIBIT
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2006-2963
BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT
CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE,CO 80646
RALPH PRIOR
JOHN JOHNSON !iiilitak
DON POSSELT,DISTRICT MANAGER
,-,^ CE BUCK RINEHART
NELS NELSON P.O.BOX 58 W. PHONE(070)368J020 • FAX(970)39597
wWnwcNdorg • e.-mall:water@nwavd.org 493
Office of the State Engineer February 10,2006 Attn:Jett Deatherage
Division of Water Resources
1313 Sherman Street,Room 818
Denver,CO 80203
Re: Water Supply Report for North Weld County Water Dletriat
North Weld County Water District Water Rights Ownership
ICoretlo Jt hpnpeon
8 of units 13700 I Avg.A•F/Share 0.7 1 ) Firm A-F/Share 0.5 J
North Poudro Ilrlpalbn C0mpeny
la of 574 ) I Avg.A-F/9hre 3.5 -
I I Firm A-F/Share 2.8
[Water Supply89S
ohrN 7.75 1 I Avg.Af/9harp184 I I Firm A.F/Shrele8
IoNida Canal 9 RaapwF Conpany-Cis"
`A• I
$ol3Keresl47 I I Avg.A-F/8he,e}l.BT I '1 Firm MF/Bhara10.0
Divide Canal a Reservoir Company-Okras`S'
Not S aree133.5 11 Avg.AP I Snre13.87 1 1 Fran A-F(8har$3.07
'Johan R.Brown birch e of Shwas 1/ —1 I. Avg.A.F/8hre132 I ( Firm A-F ISheral29
PUP Junior Water not
e of Shares!1 1 I Avg.A-F/Siore1131 1 1 Firm A-F/Shaat0
Demand Vs.Supply
All unite l n 1,000 ga8one
DEMAND Average Water Available Firm yield(Drought)Water
Available
District Curren!
Delivery Requaer ems 970,436 CBT 843,069 COT 002,828
Addltioneftalety
Factor of 1.1 07,844 NPIO 708,687 NPs: 849,082
Demigod Additional —
_Taps(Appoc 800) 193,800 WSes 212,130 WSBS 141,420
DM de Canal`A' 28.839 Divide Canal`A' , 0
Divide Csnal•0` 42,240 Dlvbe Cans'a' 40,082
John R Brown 10,427 Join R.Brain 9,450
IN/P Junior Water Mir Junior Water
—
Right 42,887 Right 0
Total Demand 1,267,879 Average Supply 1,949,77 Drought Supply 1,342,622
Excess Supply 680,Me Brew Supply 74,943
Equlrated II of Additional Tape that water could provide: 2,086 328
WATER SERVICE AGREEMENT
(Frederick PUD -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
Christine R. Frederick, (hereinafter 'Developer'), of Frederick 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 P," . In order to comply
with the provisions of Section 20,Article X of the Colorado P' :!Ruben and Article 45.1
of Title 37 of the Colorado Revised Statutes,as apllca
WHEREAS,the District owns, maintains a :e a s for the storage
of and distribution of potable water within Weld y\ "
and ty d Lorimer .^c, ,ty,Colorado;
WHEREAS, the Developer desires to con +District for. :In potable
water supplies and services for the Development kn s Frederick PUD,Lot C of
Recorded Exemption#3058,being ;?'.rtion of land action 15,Township 7
North, Range 07 West of the 0"'Prin.` +: 'radian,Coun We , State of Colorado;
and
WHEREAS,Develo• r intends to /o more than three residential
lots which will require _ of raw wa :nd/or •= ant of cash in lieu of raw
water dedication in h the to of this Agreement;
NOW,THE t slderation - .'f - premises and the covenants and
agreements after a • and between the District and Town as
follows.
�'•. 'TICLE
WA SUPPLY/FACILITIES
1.1 District • II famish Development a customary supply of water for a
total of nine(9) idua l .l0-Family residential. The District currently supplies the
Lot C or RE3058 .' e, ccount number 11205(006)which shall be assigned to
proposed Lot 2. Th strict shall furnish 70%of an acre foot(228,000 gallons)of water
per equivalent tap •-r annual water year,if the allotment for Colorado-Big Thompson
(CBT)project water,which is determined by the Northern Colorado Water Conservancy
District Is 60%or greater,North Weld County Water District will restrict the delivery as
necessary when the CBT allotment is less than 60%.1.2 The water to be rnished the complies with the Federal Safe Drinking by
Act and anly othl be erta plicablerdrinki 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)Orions 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.
PisubdivisimFNeduie1PUDIWSMO:-10961 d
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 forty five(45)to Sixty five(65)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 ninety five(95)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 a nd construction
plans and materials of all Water Lines within any De,, r t o er Lines leading to
the Development. The Developer shall be respo ;, ,r aymenf total cost of
the construction for Water Lines within the Dev=„'.ment(or Water Lin' t are
necessary to serve the Development)that .,':I;'„a the .s. Water Li eans all
lines which carry water to the meter vautt(s)with +,= D- ",:, ;nt.
2.2 From the meter to the cture or lot be \ erved with water,water will
be delivered through private service ` : ich are inati: • by the Developer or Lot
Owner,and for which the District has °' ,sibility or k ').;„•
2.3 The District must approve t et tnrctlon pla
Lines before constru R. : the Dist • a app ;, . the final Water Line
s of all Water
Line
construction, the Drs. .itlonally a• ,:pt the er Lines by issuance of a
conditional ace.. letter '. Exhibit A Two years after conditional acceptance
of the Water Lin: s t to 6:‘'l approval b District,Developer shall dedicate
ownership of the Water f , r ct. . ,- Developer may use the Districts
existing W .r to se '„ .e n.
diecreti. a 1": a ed if the District detable in its sole
LI be accessed and has available capacity and
press : to serve the i•: .p
2 or all We <nes I :ted within the Development's roadway or
utility/water'',. men ;' re repair of paving or other improved surfaces
subsequent to nitial in `-nation of any Water Line shall be the responsibility of the
Developer, No : . ,er_: asociation,or current owner of the Right-Of-Way. The
District will repair a'`j; Smell the trench to the surface but will not rebuild any surface
improvements, inciu ng 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.
.P:+SnbdividansW.aieiekPUMV/9A(OL1606)doe
2.6 Pursuant to this Agreement,the fees,expenses and charges for a water
Tap consist of:
(1) Review d Inspection Fee as provided in Paragraph 2.8;
(2) Infrastructure Enhancement Fee as determined in Paragraph 2.9;
(3) Plant Investment Fee as provided in Paragraph 2.10;
(4) Mileage Charge pursuant to Paragraph 2.11; and
(5) Raw Water or Cash in Lieu Fee as provided in Paragraph 2.12;
(6) Raw Water Storage Fee as provided in Paragraph 2.12.2;and
(7) Meter Fee as provided pursuant to Paragraph 2.
Notwithstanding anything to the contrary herein, p of all fees, expenses
and charges as established pursuant to this Agreemen all b ndition precedent
to the District providing water service to any Tap Deve nt. Except as
provided In 7.1, If the total fees,expenses and ch S e not pal riot fees,
expenses and charges paid by the Developer ny Improvements y the
Developer shall be considered as forfeited try (strict liquidated da as
accurate calculation and determination of dame oul be possible.;
2.7 The Raw Water or Ca in Lieu Fee, PI vestment Fee,and Mileage
Charge must be completed and fulfil tly before th rid provides any water
service. Once these fees have been • plated,th per or Lot Owner will
then have one(1)year to pay for and h' set. U installation of the
meter,or,after one(1)year of payment . Gee whichever occurs
earliest,the District ehal, ; once loillin I.veld:` •r Lot Owner a Minimum
Monthly Charge in at, ith the poi ?,-s the Di ict then in effect. The Minimum
Monthly Charge e a. er or not a water Is taken through the Tap.
2.8 The Dlstn." • • „ J urces for review and inspection of the
Developm 1t bu' hml eedng review,Water Line inspection,
surveys a e :I ter „ Nand pressure testing of the Water Line constructed for
the d; opment. Th elo
,, •; required to reimburse e r• nd shall be as •evieew and Irwoection F e the District
The lReview and
Inspect• : shall be det- Ined by the District,and for this Development said
fee shall be ",.cum of$2, >r.00. A portion of this payment determined to be$180.00
of said has heir .id by t ;' Developer on January 181%2006, and the remainder
$2,320.00 of sa:'. - ads prior to commencement of construction of Water Lines
that will serve the rr': ^:pment,or the Issuance of any building permit,whichever
occurs earnest. T •eview and Inspection Fee,as established In this Paragraph 2.8 is
non-refundable.
2.9 The District may be constructing substantial Infrastructure, Including but
not valves and mited to other appurtenances.nnection to A ppoortion to 6of ttheseserne in enhancemennttsanwilll installation attributable
to the Development and an infrastructure Enhancement Fees 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$25,000.00 A portion of
this payment determined to be$1,250.00 of said Fee shall he paid by the Developer
and payment shall be made upon execution of this
er
$23,750.00 of said Fee be made prior to commencementAgreement
� ro construction of WaterLines
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.
.P15ubdhieimuW rda,ea'UD\W6A(02-1006)Aoc
2.10 The Developer or Lot Owner will be responsible for making payment of the
'Plant Investment Fee". Said payment shall be made prior to the issuance of any
building permit or the setting of a water meter,whichever occurs earliest. All Plant
investment Fees paid shall be in accordance with the Plant Investment Fee as
established by the District and In effect at the time of the payment. No portion of the
Plant Investment Fee shall be returned or refunded once established pursuant to this
Agreement and the Development is approved by Weld County,even If the number of
lots and/or Taps in the Development Is later decreased or unsold. However, if the
number of lots and/or Taps Increases beyond the number initially established in
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 estabil y the District and
In effect at the time of the payment No portion of the Miles shall be returned
or refunded once established pursuant to this Agreement Development is
approved by Weld County,even if the number of lots a r
the
later decreased or unsold. However, If the number o nd/or Increases se Is
beyond the number initially established In Parag : :'". eveio ay the
Mileage Charge for each new Tap within the s_` opment at the rate
Charge then in effect. O
2.12 The"Raw Water or Cash In Lieu Fes ',':, ment for this Development
shall be met by payment of're h in. u". The Deve''' or Lot Owner will be
responsible for making payment oft Said pa a<. all be made
building curs the
issuance of any permit or the occurs
"- a water m` . tchever occurs
earliest. All Cash In Lleu Fees paid sh be :Sr, , .ance the Cash In Lieu Fee as
established by the District and in effect a e „.
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2.12.1 At the n of Dis ,the Dis ct may allow the Developer to
dedicate Raw WM fulfill : water r t. Irement. The raw water requirement for
a Residential Ta sings telly reside ion one(1)lot shall be the dedication
of at least one(1)Unit. m °:n (CBT)project water per Tap,or at
least one i No " d •mpany(NPIC)stock for every four(4)
residen ape.'
.
2 In additlo ; the d > a Von of the Raw Water,the Developer shall be
respons ° .r a Raw W S e Fee as determined by District. The Raw Water
Storage Fe ::II be appl ?- once for each Unit of COT or four times per share of NPIC
that Is dedica " . the Di:, ct. The Raw Water Storage Fee payment shall be made In
conjunction with 1.':' •:• :< ion of the Raw Water.
2.13 The D-. eloper shall provide the District with security, as deemed
acceptable by District, to secure the installation and warranty of Water Lines within the
Development during the two-year conditional acceptance period. Said security shall
cover 26%of ell 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.
XroubAvyjm red i4PUMWSA(02-I0.0Mnoc
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.
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 W unty. Developer
understands that District is not responsible for compliance w ny s ch FPD or Weld
County requirements and such requirements are the sole sibillty of Developer,
FPD and/or Weld County. Developer further understa at ct Is not required to
provide fire flows or even allow fire protection dev :t i uding t limited to
hydrants,Water Lines,sprinklers,and valves,to .," I ,Inspe serviced or
provided by District.
3.2 However,as a courtesy and pu. .>E•I,;r e s'' 'at will inn er
to install certain fire protection Infrastructure ursu-"'`: this Article 3
and any other provisions or reciter- .=nts deemed ne 'r, ry by District,in its sole 3
discretion. •
3.3 Developer shall provide t. t. PD an IV-eld County plans and
specifications for fire protection infrastru t= •.t limited to location and
size of Water Lines to a - • hydrants Fecilrtr Said plans shall be in
accordance with any s and req., ments ;.tablished by District,Weld
County and/or FP 1 r
i
3A Upon fina Ian d design by District,Weld County and
FPD, Dove
incu r .y, • be '° ,. sI -•: latlon of the same including all costs
few installation,and inspection of the same by District.
Upon ,•rovel of the ,Iatto ,, :uch fire facilities by District,Weld County and
FP r,' will theme sou e responsibility of effecting maintenance and
repairs o ;`"N facilities b•. 'i tstri will be compensated for such maintenance and
repairs, in Ity, by D oper or Homeowners Association in the Development.
Additionally,r2`.`[:, sibility •.r all costs of maintenance and repairs shall become a part
of covenants tin ;.w'_;' e title to all lots and property within the Development,and
which shall constit >3 rst and
prior lien upon all lots and property In said
Development.
3.5 As additional consideration for this Agreement, Developer understand that
District has not and will not perform any independent review or analysis of the adequacy
of any fire facilities. Accordingly, Developer releases District from any and all liability or
claims of any type that could be made against the District, including but not limited to
water pressure, line size, lack of water, maintenance,volume or velocity of flow, or any
other item related to fire facilities in the Development.
3.6 All final approvals of this Development must make reference to the
responsibility of the Developer or Homeowners Association concerning expenses of
maintenance and repairs for the fire facilities pursuant to Paragraph 3.4.
eAS.,em.;erm..taemur1rn SA(02-ro-om.eo.
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°R°.
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 la 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.
41/4
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5.2 Additionally, any final development plat mus lewed and approved
by District as to all aspects of Easements and Rights-o y ter facilities,
pipelines and fire facilities. All such Items must bed ed for use and District
must approve the final plat.
ARTI w
DUAL WATER(IRR S M S'
6.1 This Agreement is for ; single system w ervice which means that one
(1)system provides water for all wat?: ie within Fre PUD. Neither the
Developer or any Lot Owner will cons, * II or use a ry or alternative
water system within Frederick PUD wit , °meet t s Agreement to insure
proper installation, use and connection o • „' . For any breach of this
provision, District shall .e right to di 'nue w -eMce to the entire
Development until a "'- t to this Are=ment h-' been finalized by the District,
Developer and/or Own
7
; MISCEL NEOUS
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This Ag t is T °' •nal as the final plat of the Development has not
yet been by W u If the final plat Is not approved on or before the
day 0,,this Agreement can then be terminated by Developer
and the same be co Bred null and void. Notwithstanding any language to the
contrary, Devel entitled to a refund of 98%of costs and expenses paid
pursuant to Article .11 and 2.12 if such refund is applied for within one(1)year of
the payment made a District. The 2%retention by the District shall be considered
as administrative expenses. All or any portion of costs or expenses the Developer
Incurred pursuant to Articles 2.1,2.8,2.9 and 2.15 shall not be entitled to a refund of
any amount.
7.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
7.3 This Agreement shall inure to and be binding upon the parties hereto and
their heirs,executors, personal representatives,successors and assigns.
.PXmneiwstonavtm<,1etPw1wsu0z.10.061 d0.
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
.a-
_
STATE OF COLORADO ) s, ;;
:222)es.
:4 .,
COUNTY OF )
The foregoing instrument was ..ed before
20 ,by day of
Developer.
Witness my hz,. seal
My commi.si a r
Notary Public
STATE OFD ORADO
fir ss.
COUNTY OF W:' ':;
The foregoln 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
.PASubdiNuom hedwic4PUD\WsA(6b1 P061.doc
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