HomeMy WebLinkAbout20161981.tiffPotable Water Documents
Gander Valley Farm P.U.D.
Change of Zone Application
April 2016
1. Weld County Attorney's Office Response.
2. North Weld County Water District Water Layout.
3. North Weld County Water District Draft Potable Water
Service Agreement.
XFINITY Connect jeffcouch7@comcast.net
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Gander Valley PUD
From : Bob Choate <bchoate@co.weld.co.us>
Subject : Gander Valley PUD
To : Diana Aungst <daungst@co.weld.co.us>
Cc : jeffcouch7@comcast.net, leannk@nwcwd.org
Diana,
Tue, Mar 22, 2016 08:04 AM
I've reviewed the water sources for the Gander Valley PUD, and I think they are sufficient. Jeff
Couch provided me with a letter dated January 5, 2016 from Tracy Kosloff, a Water Resource
Engineer with the Colorado Division of Water Resources, in which he indicates that North Weld
County Water District (NWCWD) is a reliable source with the capacity to supply Gander Valley PUD. I
also spoke with Leann Koons who explained that NWCWD no longer provides a "commitment to
serve" letter to developers, because in the past they would sometimes cut off contact with the water
district after receiving it. Instead she provides a draft potable water service agreement which
provides provisions which are specific to the development. She indicated that Weld County can rely
on this in the same way it previously relied upon a commitment to serve letter. Mr. Couch has
provided me a copy of this draft agreement, which is subject to change, but is acceptable.
I believe Gander Valley PUD has sufficient water resources because (1) potable water will be
provided by NWCWD, (2) Mr. Couch has indicated to me that the covenants on the parcels will limit
lawn watering to no more than 2,800 square feet per lot, which is well under the 6,000 square foot
limitation provided by NWCWD, and (3) Mr. Couch has indicated that common areas, including
current farmland that will continue to be farmed, will be irrigated with separate non -potable ditch
water rights that are currently tied to the property.
Let me know if you need anything else.
Bob Choate
Assistant Weld County Attorney
1150 "O" Street; P.O. Box 758
Greeley, Colorado 80632
Tel: 970-336-7235
Fax: 970-352-0242
Email: bchoate@weldgov.com
STATEMENT OF CONFIDENTIALITY & DISCLAIMER:The information contained in this email
message is attorney privileged and confidential, intended only for the use of the
individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination, distribution
or copy of this email is strictly prohibited. If you have received this email in
error, please notify us immediately by replying and delete the message. Thank you.
4 January 2016
N
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NOTES:
1. DEVELOPER TO DESIGN WATER
INFRASTRUCTURE TO THE CURRENT NWCWD
STANDARDS.
2. HYDRANT SPACING AND LOCATION SHALL MEET
FIRE DISTRICT REQUIREMENTS.
3. PLANS MUST BE SUBMITTED FOR REVIEW.
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NORTH WELD COUNTY WATER DISTRICT
TAP REQUEST - GARDNER VALLEY FARM PUD
JOB NUMBER
SCALE:
1 "200'
DATE:
01-04-2016
1
POTABLE WATER SERVICE AGREEMENT
(Gander Valley Farm PUD)
THIS AGREEMENT is made and entered into as of the day of
, by and between the North Weld County Water District, acting by
and through the North Weld County Water District Enterprise (hereinafter "District") and
Gander Valley Farm, Ltd., (hereinafter "Developer'), of Gander Valley Farm 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 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 Gander Valley Farm PUD,
being part of the Southeast Quarter of Section 4, Township 6 North, Range 67 West of
the 6'h P.M.; and
NOW, THEREFORE, in consideration of the premises and the covenants and
agreements hereinafter set forth, it is agreed by and between the District and Developer
as follows:
ARTICLE 1
WATER SUPPLY/FACILITIES
1.1 The District shall furnish Development a customary supply of water for a
total of ten (10) individual Single -Family residential equivalent taps each, and
collectively identified as ("Tap or Taps") all as identified on attached Exhibit "A". 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.
1.4 The District shall install, own, repair and maintain a meter vault at each
individual lot or parcel within the Development in which the District shall install
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equipment as deemed necessary, including but not limited to meters, reading devices,
flow restrictors, etc.
1.5 The District estimates the water supply to have a normal pressure range
of one hundred five (105) to one hundred fifteen (115) 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
TAPS, LINES AND FEES
2.1 The District must approve, in writing, all engineering and construction
plans and materials of all Potable Water Lines within any Development or Potable
Water Lines leading to the Development to be dedicated to the District for ownership,
operation and maintenance. The Developer shall be responsible for payment of the
total cost of the construction for Potable Water Lines within the Development (or
Potable Water Lines that are necessary to serve the Development) that will serve the
Taps. "Potable Water Lines", means all lines which carry water to the potable water
meter vault(s) within the Development.
2.2 From the meter to the structure, lot, or parcel being served with potable
water, potable water will be delivered through private service lines which are installed by
the Developer or Lot Owner, and for which the District has no responsibility or liability.
2.3 The District must approve engineering and construction plans of all
Potable Water Lines before construction. All potable water improvements will be
designed and built as set forth in the Plat in accordance with District standards for
construction, acceptance, operations, and maintenance. Upon initial approval of the
final Potable Water Line and improvements construction, District will conditionally
accept the potable water lines and improvements by issuance of a conditional
acceptance letter (See Exhibit "B"). Two years after conditional acceptance of the
potable water lines and system, subject to final review and approval by the District,
District shall accept ownership of the potable water lines and system. The Developer
may use the District's existing Potable Water Lines to serve the individual taps, if the
District determines in its sole discretion that the Potable Water Line may be accessed
and has available capacity and pressure to serve the Development.
2.4 For all Potable Water Lines located within the Development's roadway or
utility/waterline easements, future repair of paving or other improved surfaces
subsequent to the initial installation of any Potable 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.
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2.6 Pursuant to this Agreement, the fees, expenses and charges for a water
Tap consist of:
Review & Inspection Fee as provided in Paragraph 2.8;
Supplemental Fee as determined in Paragraph 2.9;
Infrastructure Enhancement Fee as determined in Paragraph 2.10;
Plant Investment Fee as provided in Paragraph 2.11;
Mileage Charge pursuant to Paragraph 2.12; and
Raw Water or Cash in Lieu Fee as provided in Paragraph 2.13;
Raw Water Storage Fee as provided in Paragraph 2.13.2; and
Meter Fee as provided pursuant to Paragraph 2.16.
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.
2.7 The Raw Water or Cash in Lieu Fee, Plant Investment Fee, Mileage
Charge, and Meter Set 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 have the meter set. Upon
installation of the meter, or, after one (1) year of payment of these referenced fees
whichever occurs earliest, the District shall commence billing the Developer or Lot
Owner a Minimum Monthly Charge in accordance with the policies the District then in
effect. The Minimum Monthly Charge shall apply whether or not any water is taken
through the Tap.
2.8 The District will be expending resources for review and inspection of the
Development including but not limited to engineering review, Water Line inspection,
surveying, bacteriological testing, and pressure testing of the Water Line constructed for
the development. The Developer will be required to reimburse 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 District, and for this Development said
fee shall be the sum of $3,670.00. This payment determined to be $3,670.00 of said
Fee shall be paid by the Developer and payment shall be made upon execution of this
Agreement. The Review and Inspection Fee, as established in this Paragraph 2.8 is
non-refundable.
2.9 The District will charge a "Supplemental Fee" as in accordance with the
Amended Resolution "Supplemental Fees for Water Taps" approved and adopted on
the 26th day of February, 2007. The Supplemental Fee shall be determined as outlined
in the Amended Resolution, and for this Development said fee shall be the sum of
$0.00. Said Fee shall be paid by the Developer and payment shall be made within thirty
(30) days of the mutual execution of this Agreement. The Supplemental Fee, as
established in this Paragraph 2.9 is non-refundable.
2.10 The District may be constructing substantial Infrastructure which has yet to
be determined. A portion of these enhancements will be attributable to Developer and
an "Infrastructure Enhancement Fee" will be charged to Developer. The Infrastructure
Enhancement Fee shall be solely determined by the District, and said fee shall be the
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sum of $0.00. The Infrastructure Enhancement Fee, as established in this Paragraph
2.10 is non-refundable.
2.11 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 installation 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.
2.12 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 installation 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 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.
2.13 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 installation 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.
2.13.1 At the sole discretion of District, the District may allow the Developer to
dedicate Raw Water to fulfill the raw water requirement. The raw water requirement for
a Residential Tap being a single family residence on one (1) lot shall be the dedication
of at least one (1) Unit of Colorado Big Thompson (CBT) project water per Tap, or at
least one (1) share of North Poudre Irrigation Company (NPIC) stock for every four (4)
residential Taps.
2.13.2 In addition to the payment of the Raw Water or Cash in Lieu Fee or
dedication of the Raw Water, the Developer or Lot Owner shall be responsible for a
Raw Water Storage Fee as determined by District. The Raw Water Storage Fee shall
be applied once for each Unit of CBT or four times per share of NPIC that is dedicated
to the District. The Raw Water Storage Fee payment shall be made in conjunction with
the dedication or payment of the Raw Water.
2.14 The Developer 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 25% of all costs for construction of said Water Lines, up to a maximum of
$100,000.00, which shall be released at the expiration of the two-year conditional
acceptance 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.
2.15 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
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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.
2.16 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 normally required for development
activities in Weld County ("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 County.
Developer understands that District is not responsible for compliance with any such
FPD or County requirements and such requirements are the sole responsibility of
Developer, FPD and/or the 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 the 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, County
and/or FPD.
3.4 Upon final approval of the plans and design by District, 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, County and FPD, District
will thereafter assume the responsibility of effecting maintenance, flushing and repairs
of such facilities but District will be compensated for such maintenance, flushing and
repairs, in perpetuity, by Developer, Metro District or Homeowners Association in the
Development. Additionally, responsibility for all costs of maintenance, flushing and
repairs shall become a part of covenants that run with the title to all lots and property
within the Development, and which shall constitute a 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, Metro District or Homeowners Association concerning
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expenses of maintenance, flushing 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 "C".
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
NON -POTABLE WATER SYSTEM
6.1 This Agreement is for a potable water service which means that one (1)
system provides water for all potable water usage within Gander Valley Farm PUD.
Neither the Developer nor any Lot Owner will construct, install or use a secondary or
non -potable water system within Gander Valley Farm PUD without an Agreement to
insure proper installation, use and connection of a non -potable water system. For any
breach of this provision, District shall have the right to discontinue water service to the
entire Development until an Agreement has been finalized by the District, Developer
and/or all Lot Owners.
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
first day of January, 2017, this Agreement shall be terminated and the same shall be
considered null and void.
7.2 The District will reserve capacity for the Development for one year from
the approval of the final plat by Weld County. If within one year from the approval of the
final plat by Weld County, the waterlines to serve the Development have not been
constructed and the District has not approved the final Waterline construction with an
issuance of a conditional acceptance letter, this Agreement shall be terminated and the
same shall be considered null and void.
7.3 Notwithstanding any language to the contrary, Developer shall be entitled
to a refund of 98% of costs and expenses paid pursuant to Article 2.11, 2.12 and 2.13 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, 2.8, 2.9,
2.10 and 2.16 shall not be entitled to a refund of any amount.
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7.4 District's rights to review, inspect, and approve plans, specifications and
construction of any facility herein is solely for the benefit of District and creates no
obligation to or liability in favor of Developer, Property or Lot Owner within the
Development.
7.5 It is also agreed that the provisions of this Agreement shall be included or
referenced in any covenants concerning the Development. Such notation shall also be
made upon the final approved plat map for the Development. Such provisions shall
include statements to the effect that all property within the Development subject to the
terms of this WSA and that no watering or irrigation is permitted from any other source
than the District. Furthermore the Developer and/or Homeowners Association shall be
responsible for enforcing the terms and requirements thereof.
7.6 This Agreement cannot be assigned by Developer without the express
written approval of District. However, this Agreement may be assigned by Developer to
Homeowners Association without the express written approval of District.
7.7 Nothing herein shall be construed as a waiver of the District's
Governmental Immunity pursuant to the Colorado Governmental Immunity Act, The
Constitution of the State of Colorado or as otherwise provided by law.
7.8 Any notice required or permitted under this Agreement, will be deemed to
be received when delivered personally in writing, by fax, with acknowledge receipt by
return fax, or five (5) days after notice has been deposited with the U.S. Postal
Services, postage prepaid, certified and return receipt requested, and addressed as
follows:
If to the District:
North Weld County Water District
32825 Weld CR 39
PO Box 56
Lucerne, CO 80646
Fax: (970) 395-0997
If to Developer:
Gander Valley Farms, LTD
8897 Gander Valley Lane
Windsor, CO 80550-2621
Phone: (720) 341-0505
With copy to:
James D. Bramer, LLC
1298 Main Street, Unit A-4225
Windsor, CO 80550
Fax: (970) 237-4838
7.9 This Agreement contains the entire agreement of the parties. The
Agreement may be modified by the written agreement of the parties.
7.10 Should any section, clause, sentence or part of this Agreement be
adjudged by a court of competent jurisdiction to be unconstitutional, and/or invalid, such
adjudication shall not affect the validity of the Agreement as a whole or any part thereof
other than the part so declared to be unconstitutional or invalid. This Agreement shall
be construed as though such invalid provision was never a part of this Agreement.
7.11 Unless otherwise expressly provided to the contrary herein, this
Agreement shall not be construed as or deemed to be an agreement for the benefit of
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any third party or parties, and no third party or parties shall have any right of action
hereunder for any cause whatsoever.
7.12 Each of the parties agrees to execute and deliver such additional
instrument or instruments as the other party may from time to time reasonably request
in order to effectuate the provisions of this Agreement.
7.13 This Agreement shall inure to and be binding upon the parties hereto and
their heirs, executors, personal representatives, successors and assigns. Furthermore,
the provisions of this WSA shall constitute covenants running with the title to the lands
within the Development as well as binding upon any and all property owners within said
Development.
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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 acknowledged before me this day of
, by
Developer.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of
, 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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