HomeMy WebLinkAbout21-80 Agreement St. Vrain Sanitation District Sewer Service 06-23-2021RESOLUTION NO.21-80
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN
T. VRAIN SANITATION DISTRICT AND THE TOWN OF FIRESTONE
FOR SEWER SERVICE
WHEREAS, St. Vrain Sanitation District ("District") is a special district providing sanitary
sewer service to its customers; and
WHEREAS, the Town desires to receive from the District service for the collection and
conveyance of wastewater from a public works facility located on Town -owned property, known
as 7500 Weld County Road 20, Firestone Colorado 80504 (the "Property"), to the St. Vrain
Sanitation District's wastewater collection systems and
WHEREAS, the District is willing to supply sanitary sewer service to the Property pursuant
to the terms and conditions contained in the Sewer Service Agreement, attached hereto as Exhibit
A.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Board of Trustees authorizes and approves the Sewer Service Agreement between St.
Vrain Sanitation District and the Town of Firestone in the substantially the same form as the copy
attached hereto as Exhibit A. The Mayor is authorized to execute the agreement on behalf of the
Town.
INTRODUCED, READ AND ADOPTED this�dady of , 2021.
-PUTT? ESTONE, COLORADO
BokSbi Sin�lar, Mayor
ATTEST:
J�si�a Koenig, Town
AS
William I�: �� yas�"i, T��Attorney
SEWER SERVICE AGREEMENT
1. PARTIES. The parties to this Agreement are the ST. VRAIN SANITATION DISTRICT
("District") and the TOWN OF FIRESTONE_('Applicant" or "Town").
2. RECITALS AND PURPOSES. The Applicant owns, or is in the process of purchasing, certain
real property, legally described in Exhibit "A" and shown on Exhibit `B" (the "Property"). Exhibit
A and Exhibit B are attached to this Agreement and incorporated herein by this reference. The
District is a special district, which provides sanitary sewer service to its customers for which monthly
service charges are made. The Applicant desires that the District provide sanitary sewer service
("Service") within the boundaries of the Property. The District desires to supply Service. The
purpose of this Agreement is to set forth the terms and conditions concerning the purchase of sanitary
sewer service connections and the District's providing sanitary sewer service to the Property.
3. SUBDIVISION OF THE PROPERTY. The Town -owned property to be served by the District
is located in Weld County, known as 7500 Weld County Road 20, Firestone Colorado 80504, with a
legal description more particularly described as Lot 2, Advanced Forming Technology Subdivision (the
"Service Area") Any change or alteration in the area, size, shape, density, usages, requirements,
number of service connections or timing of development of the Service Area that may affect the
issuance of taps pursuant to this Agreement shall first require the advance written consent of the
District. For purposes of this paragraph, the term "approval" shall only extend to the District's review
of the Applicant's proposed sanitary sewer infrastructure and other utility -related issues within the
Service Area, and such term shall not include any land -use issues. The District's approval shall not
be unreasonably withheld.
4. COMMITMENT TO SELL/PURCHASE SANITARY SEWER SERVICE.
Applicant hereby applies for 2.5 single-family residential equivalent sanitary service connections
("Sewer Tap") to the District's sanitary sewer system for service within the Service Area. Subject to
the terms and conditions stated in this Agreement, the District hereby commits to sell, and the
Applicant hereby commits to purchase of the Sewer Tap at the then -current plant investment fee per
connection, and other applicable charges pursuant to applicable District by-laws, rules and
regulations, which may be in force from time to time (the "District's Rules and Regulations") for use
solely within the boundaries of the Service Area, upon the terms and conditions set forth in this
Agreement. The parties agree that the Sewer Tap for the Service Area shall be $16,400. .
5. TERM. This Agreement shall continue in full force and effect for a period of two (2) years
after the date of execution, unless sooner terminated by the District or the Applicant after giving sixty
(60) days written notice to the other party or by mutual written agreement signed by the parties.
6. ACTIVATION OF TAP. All purchased Taps shall be deemed activated and subject to the
District's minimum service charges pursuant to the District's Rules and Regulations upon payment
to the District of plant investment fees and all other fees due for connection to District facilities. Taps
will only be sold after the District provides a Certificate of Acceptance as further described in Section
9 below.
7. DESIGN SPECIFICATIONS AND CONSTRUCTION. The Parties have mutually agreed
upon the design of a 8" underground sanitary sewer service line, approximately 3,359 linear feet in
length, together with any related and necessary facilities and improvements appurtenant to the
underground sewer service line (collectively, the "Line Extension"). Subject to appropriation by the
Town for payment, The Town shall, as a condition precedent to Service: (a) construct and install the
Line Extension at its own cost and expense; (b) acquire and secure a temporary construction easement
incident to the construction and installation of the Line Extension; and (c) acquire and secure a non-
exclusive, permanent easement to allow the District to operate and maintain the Line Extension after
its acceptance by the District. The Town shall be responsible to oversee the completion of the Line
Extension to ensure compliance with the design plans approved by the Parties, and shall be solely
responsible for all contracting, supervisory and administrative matters related to the completion of
the Line Extension. For the purposes of this Agreement, the term "Line Extension" shall not include
any other segments or portions of the District's trunk line or any lines that may be connected to this
Line Extension,
8. EASEMENTS. The Town shall assign its right, title and interest in and to any non-exclusive,
permanent easement the Town secured from the underlying landowner for the purposes of allowing the
District to operate and maintain the Line Extension at the time of initial acceptance. As an additional
condition precedent to receiving Service, Applicant shall convey to the District a non-exclusive,
permanent easement within the Service Area upon such terms and conditions as are necessary to
effectuate the intent of this Agreement and which shall provide full and uninhibited access to the
District for repair, replacement and maintenance of the Line Extension or for any other purpose
related to the provision of Service in accordance with this Agreement.
9. TRANSFER AND CONVEYANCE OF LINE EXTENSION.
9.1 Prior to conveyance, Applicant shall meet all conditions of the District's Rules and
Regulations, including, but not limited to jet -cleaning, pressure testing and vacuum
testing all lines. Upon completion, approval and acceptance of the Line Extensin by
the District, as evidenced by the issuance of the District's Initial Acceptance, this
Agreement shall operate as a conveyance, transfer and assignment by the Applicant
of all Applicant's interest and ownership in the Line Extension to the District, free and
clear of all liens and encumbrances.
9.2 Warranty. Subject to appropriation by the Town for payment, the Town shall warrant
and guarantee the Line Extension for a period of two (2) years from the date of Initial
Acceptance of the Line Extension by the District ("Repair/Replacement Period").
Under this warranty, the Town agrees to repair or replace, at its own cost and expense
and under the direction of the District, all or portions of the Line Extension that fail
or are defective, unsound, or unsatisfactory because of materials or workmanship, or
which are not in conformity with Line Extension design standards. The
Repair/Replacement Period shall be extended for up to two (2) years following Initial
Acceptance of any completed repairs to or replacements of the Line Extension made
by the Town during the Repair/Replacement Period,
Page 2 of 12
9.3 At the conclusion of the two-year warranty period, the District shall assume all
responsibility for all costs and expenses for operation and maintenance, as evidenced
by the issuance of the District's Final Acceptance. The completion of the construction
by Applicant; the inspection, approval and Initial Acceptance by the District; the
transfer of the Line Extension by the Applicant to the District; and the payment of all
construction costs and expenses required to be paid by the Applicant are conditions
precedent to the obligation of the District to furnish and provide Service. Upon
issuance of the Certificate of Final Acceptance by the District, the Town shall not be
obligated to warrant and guarantee the Line Extension for any period of time whatsoever
following acceptance, nor shall the Town be obligated for any period of time to repair
or replace all or a portion of the Line Extension that fail or are otherwise defective
following acceptance.
10. DISTRICT OBLIGATIONS.
10.1 The District shall (a) operate, maintain and repair the Line Extension upon issuance of
the Certificate of Final Acceptance; (b) sell to the Town the Sewer Tap in the amount
stated in this Agreement no later than the date of issuance of the Certificate of Final
Acceptance; and (c) provide and make available sewer service to the Town in sufficient
quantity for a single commercial tap to the Service Area upon activation of the Sewer
Tap.
10.2 Sanitary Sewer Service. Upon the Town's full payment of the Sewer Tap, and upon the
District's issuance of a Certificate of Final Acceptance, the Town shall be entitled to,
and the District will use reasonable commercial efforts to furnish to the Town, sanitary
sewer service to the Service Area, in accordance with any applicable District Rules and
Regulations. This provision shall survive expiration of this Agreement.
10.3 The District shall operate, maintain and repair the Line Extension after Final
Acceptance at its sole cost and expense. Notwithstanding any contrary provision in
this Agreement, upon issuance of the Certificate of Final Acceptance of the Line
Extension, the Town will be considered released and discharged from any obligations
or liability under Section 9.2 of this Agreement. This provision shall survive expiration
of this Agreement.
11. DISTRICT REGULATIONS. All Service provided under this Agreement shall be subject to
the District's monthly service charges as well as the District's Bylaws, Rules and Regulations, and
any other District requirements as may be amended from time to time.
12. GOVERNMENTAL REGULATIONS. Any provisions of this Agreement to the contrary
notwithstanding, the obligation of the District to fiu-nish Service under this Agreement is limited by
and subject to all orders, requirements and limitations which may be imposed by federal, state, county
or any governmental or regulatory body or agency having jurisdiction and control over the District
Page 3 of 12
and/or the operation of its sanitary sewer system and treatment facilities, or discharge permit for
discharge into state waters.
13. DOCUMENTS TO BE FURNISHED.
13.1 Upon completion of construction, but before Initial Acceptance, Applicant agrees to
furnish District with the following:
13.1.1 When approved by the appropriate governmental boards, commissions, or
agencies, the Final Recorded Plat(s), and Recorded Address Plat together with
any requirements or conditions of approval fixed by such governmental
entities, together with evidence of the Applicant's compliance or plan for
compliance; and
13.1.2 "As -built" AutoCAD file and PDF file on CD; and
13.1.3 X, Y coordinates of manholes using NAD 1983 State Plane Colorado North
FIPS 0501 Feet and Z coordinate NAVD 1988; and
13.1.4 The bid tabulation of the installation costs for sewer• line elements including
pipe size, lineal feet, and number of manholes; and
13.2 It is understood and agreed that a request for information as to future plans and
developments of the Applicant and the consideration of such plans by the District in
connection with its obligation to service Applicant's above described land under this
Agreement shall not be construed as an agreement or obligation of District to serve
such other lands or areas proposed by the Applicant for such future development. All
information required to be furnished to District by Applicant shall be provided at
Applicant's expense.
14. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under
this Agreement shall be excused if such delays or failure are a result of acts of God and nature, fires,
floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities,
restrictions or limitations contained in any initiative approved by the voters, shortages of labor
materials, or other causes, similar or dissimilar, which are beyond the control of such party, including
any orders, requirements or limitations described in paragraph 13 above.
15. TIME OF ESSENCE. Time is expressly stated to be the essence of this Agreement and any
failure to perform the covenants and agreements herein agreed to be performed strictly at the times
designated shall operate as an immediate termination of this Agreement.
16. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience
and reference, and are not intended in any way to define, limit, or describe the scope or intent of this
Agreement.
Page 4 of 12
17. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional
documents and to take any additional action necessary to carry out this Agreement.
18. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings. This Agreement
may be amended only by an instrument in writing signed by the parties. If any provision of this
Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and
all of the remaining provisions of this Agreement shall continue in full force and effect.
19. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising
under or related to this Agreement, the parties shall use their best efforts to settle such dispute or
claim through good faith negotiations with each other. If such dispute or claim is not settled through
negotiations within thirty (30) days after the earliest date on which one party notifies the other party
in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the
parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under
the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in
existence, or if the parties agree otherwise, then under the auspices of a recognized established
mediation service within the State of Colorado. Such mediation shall be conducted within sixty (60)
days following either party's written request therefore. If such dispute or claim is not settled through
mediation, then either party may initiate a civil action in the District Court for Weld County.
20. ATTORNEYS' FEES. For any dispute arising from or related to this Agreement, the
prevailing party shall be entitled to its reasonable attorneys' fees and costs.
21. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Colorado.
22. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall
be deemed to have been sufficiently given for all purposes if sent by certified or registered mail,
postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the
address set forth on the signature page below, or at such other address as has been previously
furnished in writing to the other party or parties. Such notice shall be deemed to have been received
three days after such notice is deposited in the U.S. Mail,
23. BINDING EFFECT; NOTICE OF ASSIGNMENT. This Agreement shall inure to the
benefit of, and be binding upon, the parties, and their respective legal representatives, successors,
and assigns as owners of the land described in Exhibit A. Any deposits, if any, which are made
pursuant to the District's reservation of connection policy and approved agreements, shall be
transferred to the credit of Applicant's assignee. Applicant shall give written notice to the District of
such assignment and shall provide the assignee with a copy of this Agreement.
24. GOVERNMENTAL IMMUNITY. Nothing in this Agreement is intended, or shall be
construed as, a waiver of any immunities provided to the District by statute or common law, including
without limitation the Colorado Governmental Immunity Act, §2440401, et. seq., C.R.S.
25. PAYMENTS SUBJECT TO APPROPRIATION. Nothing herein shall constitute a
multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20.
Page 5 of 12
Notwithstanding any other provision of this Agreement, the Parties' obligations under this
Agreement are subject to annual appropriation by their respective governing bodies. Any failure of
a Party's governing body annually to appropriate adequate monies to finance that Party's obligations
under this Agreement shall terminate this Agreement at such time as such then -existing
appropriations are to be depleted. Notice shall be given promptly to the other Parties of any failure
to appropriate such adequate monies.
26. NO JOINT VENTURE OR PARTNERSHIP. Nothing contained in this Agreement is
intended to create a partnership or joint venture between any of the Parties with respect to
construction of the Line Extension and any implication to the contrary is hereby expressly disavowed.
It is understood and agreed that this Agreement does not provide for the joint exercise by the Parties
of any activity, function or service, nor does it create a joint enterprise, nor does it authorize any
Party to act as an agent of another Party hereto for any purpose whatsoever.
27. NO THIRD PARTY BENEFICIARIES. The Parties, in their corporate and representative
governmental capacity are the only parties intended to be the beneficiaries of this Agreement and no
other person or entity is so intended.
28. COUNTERPARTS. This Agreement maybe executed in any number of counterparts, each of
which shall be deemed an original, and all of which shall constitute one and the same Agreement.
Facsimile or other electronic signatures shall be acceptable to and binding upon the Parties.
Page 6 of 12
DATED:
STa VRAIN SANITATION DISTRICT
By:
President
11307 Business Parlc Circle
Firestone, CO 80504
ATTESTED:
District Manager
Approved As To Form:
District Legal Counsel
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this.
as President, and
as District Manager of St. Vrain Sanitation District.
Witness my hand and official seal.
My commission expires:
Notary Public
Page7of12
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instrument was acicnow
Witness my hand and official seal
My commission expires
APPLICANT: TOWN OF FIRESTONE
By. T(d
Bobbi indela ayor
151 Grant Avenue
Firestone Co, 80520
B indelar@firestoneco.gov
before me this day of lLkVIL 20AI by
JESSICA ANNE KOENIG
NOTARY PUBLIC
STATE OF OOLORADO
NOTARY ID 20144044M
MY COMMISSION EXPIRES 11.14-2022
Page 8 of 12
EIHIBII 'W 1 "
October 7, 2020
A description of a Sanituy Sewer Easement located in Lot 1, Advanced Fornlin5 Technology Filing
No. 1. in the i"TW1/4 of Section 20. 72N. R67W of the 6th P.M., in the Town of Firestone. Weld
County, Colorado. For: St. Wain Sanitation District.
LEG'.-1L DESC'RIPTION
A strip of laid 30.00 feet in wtid111. Iyirlg 15.00 feet on each side of the following described centerline.
eMending from the West Line of the N VIA of Section 20 to the Easterly Line of Lot 1. Advanced
Forming Technology Filing No. 1. Recorded June 22, 2012 as Reception No. 3854078, Weld County
Records, located in the WIN o4 Section 20, T2N. R67W of the 6th P.M.. Town of Firestone, County
of Weld. State of Colorado. described as follows:
C'O�L1IE\C'L�'G ai the Northwest Comer of Section 20, T2N, R67W of the 6th P.141., from which the
West Quarter Comer of said Section 20 bears Soo°41'06"E. 2631.23 feet (Basis of Bearings), thence
along the West Line of the NW1/4 of said Section 20 S00041'06"E. 1692,59 feet to the PM7 OF
BEGL1:\11G•
Thence departing said Nest Line N90°00'00"E, 1375.37 feet to a point 30.00 feet Northwesterly from
the centerline of a 30.00400t-wide DCP Midstream LP Petroleum Pipeline Easement, Recorded
August 4, 2009 as Reception No. 3640514. Weld County Records;
Thence parallel with said DCP AIidstream iP Petroletuu Pipeline Easement N27°4T42"E, 750.62 feet
to a point 40.00 feet Northerly from the centerline of a 50.00400t-wide Colorado Interstate Cras
Company Petroleum Pipeline Easement, Recorded April 26, 1978 as Reception No. 1751539, Weld
County Records;
Thence parallel with said Colorado Interstate Gas Company Petroleum Pipeline Easement
N77°50'32"E. 837.77 feet to the Easterly Line of said Lot I, ad��arlced Fornung Technology Filing No.
1, and the POLN'T OF TERIINIIN ATIO\.
Area = 2.041 acres. more or less.
E.l'ffiBIT " �••
rOTICE: According to Colorado law you mast
commence any 1e�a1 action based upon nay defect in this
survey within three years after you first discotertd sucIl
defect. In ao event, may any action based upon nay
defect in this survey be commenced more than ten years
hom the date of the certification shossv hereon.
Roy Moesser
Colorado Pro*isio 1fiC1
Surveyor No. 13� 1,10 r kk;
1s00 Kansas ai 2.E. Lolik ont, CO 80501
Date:
z:•ao� sr
Page9of12
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