HomeMy WebLinkAboutresolution.council.044-01 RESOLUTION NO.
(SERIES OF 2001)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING THE
PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF ASPEN AND
KINDER MORGAN, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN.
WHEREAS, there has been submitted to the City Council the Professional Service
Agreement between the City of Aspen, Colorado and Kinder Morgan, Inc., a copy of which is
annexed hereto and part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO.
Section One
That the City Council of the City of Aspen hereby approves that the Professional
Service Agreement between the City of Aspen, Colorado, and Kinder Morgan, regarding gas
service to the Truscott Project, a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the City Manager to execute said Agreement on behalf of the City of
Aspen.
I. Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resol~n adopted by the City Council of the City of Aspen,
Colorado, at a meeting held (-~_~7~ ~:~ .2001.
K~tv Clerk ~'
MEMORANDUM
To: City Council
From: Lee Novak
Subject: Kinder Morgan Energy service agreement
Date: April 12, 2001
CC: Ed Sadler
Attached is a service agreement with Kinder Morgan to provide gas serwce to the Tmscott
project. This agreement will allow new mains to be completed into the project and the movement
of existing gas infrastructure to allow for the intersection development. The price for this service
is $66,410. Staff feel that this price is fair and are recommending approval.
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GAS MAIN EXTEN Si~'~N AGREEMENT
This agreement, executed to be effective Fridav. April 06. 2001
by and between Ci_ty of Aspen ("Applicant", whether one or more),
and Kinder Morgan, a Kansas corporation
("Company"). In consideration of these promises and
other valuable consideration herein acknowledged, the parties hereto agree
as follows:
1. Applicant is desirous of securing natural gas service and
Company is desirous of famishing such service. It will be
necessary for Company to construct approximately 2500 feet
0ftwo and one_distribution main extension from A~p~. Colorado
(location of extension). Applicant agrees to pay to the Company
as an advance for construction the amount of $66.410,00
2. The Company agrees that for all customers connected to the
subject extension within three years from the above date,
other than further extensions thereto, it will refund
one-time to the applicant an amount of $300.00 for each
customer so connected; provided, however that the total
of any such refunds shall no: exceed the total contribution by
Applicant. Applicant specifically agrees that should the
Company make further extensions to the subject extension,
the Company shall have the right and privilege to do so without
any refund obligation whatsoever to Applicant.
3. The Company will endeavor to construct the extension with all
reasonable expedition, subject to applicable laws, rules and
regulations of govemmantal authorities, and to any delay
occasioned by lack of right-of-way, force majeure or events or
conditions of whatsoever nature reasonably beyond the
Company's control.
4. The Company shall not be obligated to commence the
construction herein specified unless and until: (a) Applicant
has caused the right-of-way for the main extension to be clearly
staked on the ground by a registered engineer; (b) such right..of-
way has been reduced to final grade and cleared of all
obstructions of any kind; and (c) ail necessary right-of-way has
been furnished the Company without cost or expense on the
Company's standard form of easement.
5. Title to such main extension; including its pipes and
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appurtenances, connections thereto and extensions thereof, and
including the right to use, operate and maintain same, shall
forever be and remain exclusively and unconditionally vested in
the Company.
6. If at any time after this agreement is accepted, a moratorium
on or curtailment of new or additional service or connections
is imposed upon the Company's system, the Company shall not
have may obligation hereunder or otherwise to make any new or
additional connections or to reimburse the Applicant for any of
the advances for construction due to the Company not making
such new or additional connections during the period any said
moratorium or curtailment is in effect during the three year
period, nor shall the period be extended.
· 7. Company and Applicant ackaowledge that this Agreement is
binding upon their respective heirs, successors and assigns.
Company and Applicant further acknowledge that there are no
Agreements or understandings, written or oral, between the
parties related to the gas main extension, other than as set
forth herein, and that this Agreement contains the entire
Agreement between the parties hereto. This Agreement may not
be altered, modified, terminated or discharged except by writing
signed by the party against whom such alteration, modification,
termination or discharge is sought. This Agreement shall be
governed in accordance with the laws of the State of Colorado.
Executed to be effective the date and year first above written.
APPLICANT SIGNATURES K N ENERGY, INC.
MOLrN TAIN REGION
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Name Mailing Address Amount
~ of Aspen 530 East Main Street Lower Level As~>en CO $66.410.00
Total Advar, ces $66.410.00
To be executed in quadruplicate:
1st Original - Company, Lakewood
2nd Original ~ Applicant
3rd Original - Regional Manager
4th Original - Company, Glenwood Springs
Originated By: Gary Evans
District: Glenwood Springs
Return To:
Kinder Morgan Inc.
0096 County Road 160
Glenwood Springs, CO 81601