HomeMy WebLinkAbout20210961.tiffRESOLUTION
RE: APPROVE NON-RESIDENTIAL PROPERTY TAP ASSIGNMENT AND DOMESTIC
WATER AGREEMENT AND AUTHORIZE CHAIR TO SIGN - LITTLE THOMPSON
WATER DISTRICT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Non -Residential Property Tap
Assignment and Domestic Water Agreement between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Facilities
Department, and the Little Thompson Water District, with further terms and conditions being as
stated in said assignment and agreement, and
WHEREAS, after review, the Board deems it advisable to approve said assignment and
agreement, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Non -Residential Property Tap Assignment and Domestic Water
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Facilities Department, and the Little Thompson
Water District, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said assignment and agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of April, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dadvo j!lto:ok,
Weld County Clerk to the Board
BY:
Deputy Clerk o the Board
APP: • D AS TO
ounty Att rney
Date of signature: Oy /i3/zi
Steve oreno, Chair
Lori Saine
cc : 8“T.s/s6)
0S/09/21
2021-0961
BG0023
FACILITIES DEPARTMENT
PHONE: (970) 400-2020
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
March 30, 2021
To: Board of County Commissioners
From: Toby Taylor
Subject: Approve assignment of tap and water agreement (2021-0462)
Weld County approved a no -cost bill of sale for the water line to the Little Thompson Water District
(2021-0462). This agreement has been accepted by Little Thompson Water District. The next steps for
finalizing the water agreement is two -fold.
First is the acceptance of the non-residential property tap assignment. This assignment moved a
residential 5/8" water tap from 25973 County Road 17 where a house was demolished to facilitate the
construction of a roundabout. The tap was reused at the non-residential grader site of 5698 County
Road 34. The agreement attached acknowledges the move and reclassification to non-residential use.
The second item is the non-residential domestic water agreement. This agreement is the Little
Thompson Water District's standard water utility agreement for providing water service to the site and
establishes the ability to set the water meter with monthly invoicing for water usage/service.
Facilities is recommending approval of both the non-residential property tap assignment and the non-
residential domestic water agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2021-0961
C9OOQ 3
LITTLE THOMPSON WATER DISTRICT
NON-RESIDENTIAL
PROPERTY TAP ASSIGNMENT
Tap No. 8746
Tap Type EA" Standen!
Tap Class Non -Residential
TO: Board of Directors, Little Thompson Water District
Asstorment is hereby requested for domestic weler sen ice to the foaowing described property.
Legal Owner of Property: Weld County, a body corporate and politic of the Stale of Colorado
Street Address of Property: 5898 County Rd 34 Weld County Grader Shed
City, State and Zip: Plenevile CO 80651
Subdivision:
Section:
Lot Fb: Block No:
13 Township: 3 Range: 68
County: Weld Parcel: 120713100090
Customer understands that if suspension date assigned process is suspended by be Customer prior b
Mrfalation, the tap tee will be refunded to the properly over, with site exceptlsn d any aratal mimosa wfrich nelY be
incurred by the District In processing this assignment.
IErcbttnhg Tap Star and Type
Exchange
Residential Tap en and
aPPIled
to Non --residential Tap MI745
Raw Water Dedisalfon
Credit laaft)
618• Standard
Tip Fes
Credit
$69,ODo
0.70
Most Water Allotment
(gallons)
228000
Requested Tap Size andType
11q) Fee
Raw Water Dedication
Required learn*
Annual Water Allotment
(g sons)
WV Standard
-S69.000
0.00
-
• Raw Water DescaUan Requirement cannot to met wRh astt.ir-ileu unless niquhad amount la lass
Mon Ole ac -11
Customer understands that property must be induded in the District boundaries for service and agrees to furnish a
complete urban legal desaiption of the property served prior to tap Installation N so requuesbd.
Ater installation of service Is completed Customer end Property Muster understand that the water service is subject to
the nubs and regulations of the District, as currently established, or as may be modified In Be future by the Board of
Drectors. A copy of the noes end regulations for the District Is available for the Property owner if requested.
Properly Owner certifies that final lot gm& will be established prior to Irntalktton. The District will not be
gable for the expense of a meter relocation ■ required Mee ktateNetbn due to a ehangs b tot grade.
Board of County Commissioners
We ount , Colorado
&paha*
Steve Moreno, Chair
District hereby acknowledges receipt of: Exchange Top 0928 Print Nana
AI
Signature of District tl prescrttative
3 `"1 � I
Date Signed
for Tap aa745 N/A
letwiwre
NiA
Print Nair
Weld County
Weld County Grader Shed
6898 County Rd 34
Platteville, CO 80651
970400.4000
APR 0 5 2021
OOD1-09G)I - I
Tap No. 8745
r
This Agreement made this
hereinafter referred to as "Customer" and Little Thompson Water District, a statutory water district, herein after referred t o as the "District",
is upon the following terms and conditions, for the property and water tap shown below:
5+"
LITTLE THOMPSON WATER DISTRICT
Non -Residential Domestic Water Agreement
Customer No. 8745.01
Tap Size 5/8" Standard
Tap Class Non -Residential
Weld County, a body corporate and
day of 2021 by and between politic of the State of Colorado
Legal Owner of Property: Weld County, a body corporate and politic of the State of Colorado
Street Address of Property: 5698 County Rd 34
City, State and Zip: Platteville CO 80651
County and Parcel Weld 120713100090
Allowable Annual Usage: 228,000 Gallons, equivalent to 0.7 acre-feet
WHEREAS the District is the owner of facilities for the purpose of fumishing domestic water to customers within the District;
WHEREAS the Customer is desirous of obtaining domestic water for the Property as more particularly provided for herein;
NOW THEREFORE, the parties hereto agree to the following:
1) This Agreement shall be the binding contract between the Customer and the District. The District will provide service in
accordance with its Rules and Regulations and policies as now adopted or as may be hereafter adopted by the District.
2) The Customer hereby agrees to pay the District such sum as may be prescribed from time to time by the Board of Directors as the
water rate or charge for such water service and to abide by the District's Rules and Regulations as now established or as may hereafter
be established by the District. Payments shall start on the date of the agreement provided for herein after which a minimum payment,
as prescribed from time to time by the Board of Directors of the District, shall be due and payable regardless of water use.
3) The Customer understands and agrees that all amounts due under the terms of this Agreement, as well as all fees, rates, tolls,
penalties, or charges for services, programs, or facilities furnished by the District constitute a perpetual lien on the property served,
and that any such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of
mechanic's lien pursuant to C.R.S §32-1-1001(1) (j). In the event Customer fails to abide by any of the terms or conditions of this
Agreement, Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and
consequential damages, loss of revenue, attorney fees, court costs, expert witness fees and other expenses. The District shall shut off
or discontinue service for account delinquencies or other violations of the District's Rules and Regulations.
4) No water service may be obtained except upon property included within the boundaries of the District, the Northern Colorado
Water Conservancy District and the Municipal Subdistrict of the Northern Colorado Water Conservancy District. Customer and District
acknowledge and agree that the Property has been included in the above districts prior to the date of this Agreement.
5) The District agrees to furnish water to the Customer provided that the District shall not be liable for any injury, damage or loss to
the Customer for failure to deliver water for any reason including but not limited to war, riot, insurrection, pandemics, breaks or failure
of the water system, maintenance to the water system, or acts of God. The District shall endeavor to repair all breaks promptly on
District lines.
6) Customer hereby acknowledges and agrees that no other person or entity shall be permitted to use water provided by the District
through the tap established under this Agreement except for the parties constituting the Customer and their successors in interest to
the Property and their respective lessees, licenses and permittee.
7) The Customer understands and agrees that the District's responsibility for maintenance and repair of the District's lines and
equipment extends only as far as the water meter(s), and that construction of the service line between the District's meter(s) and the
Customer's facilities, and any maintenance or repairs required in connection with such service line, is the Customer's sole
responsibility.
8) The meter location(s) shall be readily accessible to the District at all times. It is the Customer's responsibility to plan and maintain
landscaping so that trees or shrubs will not interfere with either maintenance or meter reading of the individual meter(s). I n the event
the Customer fails to keep the meter(s) accessible, the District has the right to remove and/or trim all restrictions within a three-foot
radius of the meter pit. Customer hereby grants to the District the right to enter upon the land of the Customer and on the Property to
install, operate and maintain the District's facilities described herein, together with the full right of ingress and egress and to cut, trim
or remove trees and shrubbery to the extent necessary.
00a 1- oci co t - a
9) Customer hereby acknowledges, agrees and represents that the Customer will provide testable reduced pressure backflow
assemblies for compliance with State requirements on its service line prior to any tees or other service connections. Customer also
agrees to provide annual testing reports to the District from a certified backflow prevention tester for each of its backflow
prevention devices.
10) The water rights dedication for the tap is based on the projected annual usage for the calendar year, as follows:
11) The District has an allowed annual usage of for the tap as referenced above.
12) If in any year, the Customer projects the actual usage will exceed the amount listed above for the water tap, they will acquire
and temporarily assign enough water to the District to make up the deficit. If such a deficit occurs in two consecutive years, at the
end of the second year the District may require the Customer to satisfy an additional water dedication requirement, thereby raising
the Customer's allowable annual usage. The amount of the additional water dedication required will be determined by the District
after consultation with the Customer regarding their projected water use and shall be satisfied in accordance with the District's
water dedication policies in effect at the time of the transaction within 90 days of the end of the calendar year.
13) The District's ability to serve its customers is dependent on the availability of raw water which is dependent on climatic and
other factors beyond the District's control. The District recognizes the importance of an adequate water supply to all of its
customers and although the District will strive to avoid water restrictions, the District cannot and will not guarantee that the
Customer will not be asked to reduce usage and demand.
14) This Agreement shall not be construed to waive any of the privileges or immunities the District or its officers, employees,
successors and assigns are lawfully entitled to present pursuant to law, including but not limited to the Colorado Governmental
Immunity Act, §24-10-10 I et seq., as amended, and any other privilege or immunity of the District.
15) This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of
the parties hereto. Except as provided herein, the Customer may not assign all or any part of any interest in the Agreement to any
other person or entity without written approval by the District except for a successor in interest to the fee title holder of the
Property.
16) The Customer's Name and billing address for all statements and notices and additional contact information are as follows:
Land Owner's Signature(s):
Weld County
Name
PO Box 758
Street,addness Authorized Signature
Weld u ty, a bod corporate and ph& of the State of Colorado
Greeley, CO 80631
city, SUM, lip
970-400-4000
Phone/E-mail
STATE OF COLORADO
,,�� )ss.
COUNTY OF LW/C/fJ
Steve Moreno, Chair Board of County Commissioners
Print Authorized Name, Title Weld County, Colorado
APR 0 5 2021
Date
Therfnfr�'oing instrument was acknowledged, subscribed and sworn to bef re me this
, 20c2-/ by Customer: V
Witness my hand and official seal.
SEAL Notary Public
5;
r≤ A -to.
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2022
da
of
Qoal - O9Co 1 -
a
APPROVED AS TO SUBSTANCE:
Elecfed Official or Department Head
APPROVED AS TO FORM:
County Attorney
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