HomeMy WebLinkAboutresolution.council.083-10 RECEPTION #: 574372, 10/15/2010 at
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1 OF 3, R $21.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION NO. 83
Series of 2010
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING AN ASSIGNMENT
AND ADDENDUM TO THE RAW WATER TAP AND WATER USE AGREEMENT
BETWEEN THE CITY OF ASPEN, COLORADO, AND THE MEADOWOOD
METROPOLITAN DISTRICTHONNEN EQUIPMENT, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an assignment and addendum to
the raw water tap and water use agreement between the City of Aspen, Colorado and the
Meadowood Metropolitan District, a copy of which contract is annexed hereto and made a 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 assignment and addendum
to the raw water tap and water use agreement between the City of Aspen, Colorado and the
Meadowood Metropolitan District, a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the Mayor of the City of Aspen to execute said contract on behalf of the City
of Aspen.
Dated: de , • 1 3 , 2010.
Mit 42,9
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held /r-/ 7j -- / C , 2010... /
1.�
Kathryn S. Koch, City Clerk c/
ASSIGNMENT AND ADDENDUM TO RAW WATER TAP AND WATER USE
AGREEMENT
This Assignment and Addendum to Raw Water Tap and Water Use Agreement is entered
into this I?� day of 4 t , 2010, in Aspen, Colorado, between the City of Aspen, a Colorado
municipal corporation and home rule city whose address is 130 South Galena Street, Aspen,
Colorado 81611 (hereafter the "City "), and Meadowood Metropolitan District, a quasi - municipal
corporation organized under the laws of Colorado, whose address is P.O. Box 8774, Aspen Colorado
81612 (hereafter "MMD ").
WITNESSETH
WHEREAS, the City owns and operates the City of Aspen water system in accordance with
the laws of the State of Colorado, and in accordance with the charter, ordinances, rules, regulations,
policies and resolutions of the City of Aspen, and this Agreement is entered into in conformity with,
and subject to, all such laws, charter, ordinances, rules, regulations, policies and resolutions; and
WHEREAS, the City provides raw water at the rate of 100 gallons per minute (gpm) for the
benefit of MMD =s customers pursuant to a Raw Water Tap and Water Use Agreement dated April
10, 1978, between the City and Meadowood Homeowners Association ( "Meadowood HOA "); and
WHEREAS, MMD is successor in interest to Meadowood HOA, and operates a raw water
system for the benefit of the Meadowood HOA; and
WHEREAS, MMD wishes to take delivery of the 100 gpm in a manner that will permit the
water to continue to flow through the Meadowood pond and thence to the raw water irrigation at
(location) for subsequent use by the City; and
WHEREAS, the City is willing to allow the water to be delivered to its raw water irrigation
system as provided herein..
THEREFORE. in consideration of the premises and the mutual promises and covenants
contained herein, the City and MMD agree as follows:
1. Continued Deliveries of Raw Water to MMD. The City will continue to deliver raw
water at the rate of 100 gpm to MMD pursuant to the Raw Water Tap and Water Use Agreement,
and the water shall be used by MMD as provided in said agreement.
2. Return Flows. Return flows from the use of the raw water will be delivered to the
City's raw water irrigation system at The Mariolt Open Space Pond nearest the Roundabout
provided, however that the City may request that such return flows be delivered elsewhere in the
event of emergency or required maintenance or repairs to the raw water irrigation system at the
delivery location. If the City wishes to have the return flows delivered elsewhere, it shall give at least
24 hours notice to MMD, except during an emergency, for which no notice is required.
3. Assignment. MMD has provided evidence to the City demonstrating that it is the
assignee of Meadowood HOA and the City consents to the assignment of the Raw Water Tap and
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Water Use Agreement dated April 10, 1978 to MMD and the assumption by MMD of all of the
rights and obligations therein described.
4. Authorization of Signatures. The parties acknowledge and represent to each other
that all procedures necessary to validly contract and execute this Agreement have been performed
and that the persons signing for each party have been duly authorized to do so.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first
above written.
THE CITY OF ASPEN, COLORADO
ATTEST: A Municipal Corporation and
Home Rule City
B 46, /4, e-e-/- By
City Clerk Mayor
APPROVED AS TO FORM:
/. __`
Aspen rty r ttomey
Meadowood Metropolitan District
By
Title M _
Attest:
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