HomeMy WebLinkAboutordinance.council.026-01 ORDINANCE NO. ~-~.~:::,
Series of 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO.
APPROVING A WATER SERVICE AGREEMENT WITH THE PITKIN COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS F'OR PROVISION OF WATER SERVICE TO ^
PROJECT KNOWN AS THE PITKIN COUNTY SHOP AND CABIN. IN PITKIN COUNTY~
COLORADO.
WHEREAS, the Board of County Commissioners of Pitldn County, Colorado, submitted an
Application for Water Service to the City Water Department, requesting expanded water service for
a cabin associated with the Pitkin County shop; and
WHEREAS, the property for which expanded water service has been requested is located in
Pitkin County, and not within the City limits of the City of Aspen; and
WHEREAS, the City has determined that provision of the expanded water service requested
by the County will also provide the City with an opportunity to better provide water service and fire
protection to the adjacent snow disposal site and the site of the future animal shelter; and
WHEREAS, Section 25.12.020 of the Aspen Municipal Code provides that any extension
of City water service outside the corporate limits of the City of Aspen shall be made pursuant to an
agreement with the City and in accordance with the City of Aspen water main extension policy and,
further, that the City may grant water service only upon a determination that no conflict exists
between the best interests of the City and the prospective water use, and that the City may impose
such contract requirements as it deems necessary to safeguard the best interests of the City; and
WHEREAS, the City Council has adopted by Resolution No. 5, Series of 1993, as amended,
policies to guide municipal water system development and services beyond the City limits; and
WHEREAS, said policies require the City Council to make a determination that the proposed
water service extension complies with said policies and is in the best interests of the City of Aspen;
and
WHEREAS, the City Council has had an opportunity to review with City staff the proposed
extension of expanded water service to the Pitkin County shop and cabin, and the opportunity for
the City to provide better water service and fire protection to the adjacent snow disposal area and
future animal shelter,
NOW, THEREFORE, BE IT ORDAiNED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1. The City Council of the City of Aspen hereby determines that the proposed
provision of expanded City water service to the Pitkin County shop, cabin and related facilities'
located outside the City limits of the City of Aspen is in the best interests of the City, complies with
the City's Code and policies regarding extraterritorial extension of water service, and provides the
City with an opportunity to provide water service and fire protection more efficiently and cost-
effectively to the City's adjacent snow disposal area and to the Site of the proposed animal shelter.
Section 2. The City Council of the City of Aspen therefore agrees to extend expanded
City water service to the Pitkin County shop, cabin and related facilities on the terms and conditions,
including the cost sharing arrangements set forth in the Water Service Agreement attached hereto
and incorporated herein by reference.
Section 3. This ordinance shall not have any effect on existing litigation and shall not
operate as an abatement of any action or proceeding now pending under or by virtue of ordinances
repealed or amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
. n 5. A public hearing on the ordinance shall be held on the Jc~
day of~ ~,' 2001, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as Provided by law by the City
Council of the City on the ~,-~ da3
of Aspen .
^
Aftest:
Kathryn S. I~c~-City Clerk
_ FINALLY ADOPTED, PASSED AND APPROVED THIS /.~ DAY OF
AtteSt: ' ' % .
Katkryn s~oc~i cit3 Ciera'---- I
CITY OF ASPEN
WATER SERVICE AGREEMENT
(New Developmen0
~.. This Water Service Agreement is entered into this day of ,
o)~, in Aspen. Colorado, betWeen THE CITY OF ASPEN, a ~olorado municipal corporation and
home rule city whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereafter the
"City"), and Pitkin County, a Colorado county, with its principal office located at 530 East Main
Street, Aspen, CO 81611 (hereafter "the County").
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 County is the owner of certain real property comprising approximately 7.68
acres situated in Pitkin County, Colorado, as more particularly described in Addonclurn 7, and
referred to in this Agreement as the "Subject Property"; and
WHEREAS, the County has relocated and installed on the Subject Property a cabin that is
to be used for employee housing, and wishes, jointly with the City, to upgrade an existing City
water line and extend it to serve the cabin, other existing County buildings, and the City's proposed
animal shelter, as described on/ldrlondttrn £ hereto (referred to herein as the "Project"); and
WHEREAS, the County seeks to obtain municipal water service from the City for the Project
on the Subject Property, and the City wishes to upgrade its water main in co~mection with
installation of utilities needed to serve the cabin; and
WHEREAS, the Subject Property is located outside the corporate limits of the City; and
WHEREAS, the necessary approvals for the Project have been granted by the Board of
County Commissioners for Pitkin County by authorizing expenditures for the Project pursuant to
Resolution No.00-073; and
WHEREAS, water service for the Project will require the construction and installation of
certain water mains, lines and related facilities as described in this Agreement; and
WHEREAS, the Municipal Code of the City of Aspen, Colorado (the "Code"), requires that
the extension of water service outside the boundaries of the City shall be made only pursuant to a
wTitten agreement with the City, that the City shall not be obligated to extend such service, and may
provide such service only upon a determination that it is in the best interests of the City, and that the
City may impose such requirements by agreement as it deems necessary or appropriate to protect
its best interests; and
WHEREAS, the City generally requires a loop system or a cross-tie system (at the County's
expense) such that when water main extensions are made, such extensions shall be made in a manner
that will allow cross-counection with another of the City's treated water mains to create a looped
system; and
WHEREAS, the City's Water Service Extension Policy permits water service extension only
upon demonstration that such extension will meet the policy goals and requirements of Resolution
No. 5 (Series of 1993) as amended, [codified at Section 25,12.020(b) of the Aspen Municipal Code
as the same may be further amended from time to time]; and
WHEREAS, the City has determined that this Agreement and all covenants herein are
necessary to comply with the Code and the City's water policies; and
WHEREAS, the City is not hereby representing that it is a regulated public utility, or holding
itself out to the public in general as capable of or intending to provide water service extraterritorially;
and
WHEREAS, the Code provides for the rating of new or expanded water service based on
potential water demand as expressed in equivaient capacity units (hereafter "ECU"); and
WHEREAS, the City desires to encourage the use of raw water supplies for certain outdoor
irrigation where consistent with the Code and practical and feasible so as to reduce the dependence
on treated water for this purpose and to minimize the costs of providing treated water service to the
Project and the Subject Property; and
WHEREAS, the County has submitted its Application for Water Service Extension (the
"Application") and has paid all fees required in connection with the Application, or such fees have
been waive& The Application, and all attachments, addenda and exhibits thereto have been relied
upon by the City in authorizing this Agreement; and
WHEREAS, the City has approved the Application, and is willing to provide water service
to the County on the terms and conditions of this Agreement;
THEREFORE, in consideration of the premises and the mutual promises and covenants
contained herein, the City and the County agree as follows:
14Zater Service,4greement (new developmenO 12/97 (rev. 04/01)
2
PURPOSE OF AGREEMENT
1. Water Service to Pmiect and Subject Property. The City hereby agrees with the
County to provide treated water service to the Project and the Subject Property under the terms of
this Agreement in such quantities and to the extent herein provided so as to serve the structures and
uses authorized by for the Project as summarized un,4ddendum 2. The County understands that
the City ~vill be the sole provider of raw water service (if any is used on the Subject Property) and
treated water to the Project and the Subject Property. Pursuant to this Agreement, the City shall
provide treated water service adequate to meet the approved demands and uses of the Project
(including the cabin and the existing Comity buildings on the Subject Property which already receive
City water service, provided, however, that the City shall not be required to supply water to serve
more than 13.85 ECUs for the cabin and other improvements on the Subject Property, and further
provided, that the maximum volume of treated water the City shall be required to provide to the
Project and the Subject Property pursuant to this Agreement shall not exceed 5.66 acre-feet per year.
Only those structures and uses approved by Pitkin County for the Project and the Subject Property
may be served under this Agreement.
2. Limitation of Time to Provide Service. The City's obligation to provide water
service to the Project and the Subject Property pursuant to this Agreement shall terminate if the
County has not completed construction of the water transmission and distribution mains, lines, and
related facilities described on Exhibit B by January l, 2001 unless completion of construction is
delayed by force majeure as defined in paragraph 30 below, in which case the deadline shall be
extended by the same munber of days as the force majeure delay that prevented completion of
construction.
CONSTRUCTION AND COST SHAffiNG
3. Mains, Lines and Facilities. The County will design and construct the water
transmission and distribution mains, associated facilities and internal distribution lines for the Project
in accordance with and subject to the City's design, materials and construction specifications and
approval. The City and the County acknowledge that the Project includes installation or upgrade
of utilities other than water mains, lines and related facilities, and that both will benefit from
upgrades and new utilities described on Exl~ibit B so cost-sharing is appropriate. The estimated
total cost of all utility construction and installation associated with the Project is $84,889.20, and
will be allocated as follows:
a. City's Allocation.
(1) Water Department. The City Water Department will reimburse the County
for the estimated $19,912.68 to be incUrred in connection with a portion of the waterline upgrade and
installation and for the abandonment of existing lines.
~V~ter Service Agreement (new development) 12/97 (rev. 04/01)
3
(2) Streets Department. The City Streets Department will reimburse the County
for the estimated $5,407.26 to be incurred in connection with the extension and installation ora new
filter hydrant in the City's snow lot located west of the Cabin.
(3) Assets Department. The City Assets Department will reimburse the County
for the estimated $21,654.78 to be incurred for the costs of: (1) a portion of the water line upgrade;
(2) half (50%) of the estimated costs for the extension of electrical lines and a transformer; and (3)
an extension of the gas line, all of which will be utilized by the Animal Shelter.
b. County's Allocation. The County Public Works Department shall be solely
responsible for the estimated $37,914.48 in costs related to the utility extensions of water,
electric, gas and phone lines for the Project.
The allocations referenced in subparagraphs a and b above are based upon current cost estimates for
the Project. The City and County will be allocated any increase in Project costs based upon the
overall percentage of the actual costs of the Project and the City and County will have the right to
review and approve all additional costs associated with the Project.
Upon completion of the Project, the County will invoice each of the above-named City DePartments
for its agreed upon portion of the construction costs for the Project.
4. Preconstruction Exhibits. The following exhibits concerning the water utility
component of the Project have been prepared by the County and have been reviewed and relied upon
by the City in entering into this Agreement, and shall not be substantially modified without the City's
agreement:
Exhibit ,~: Description of existing facilities, if any, that will be incorporated into the water
system infrastructure for the Project.
Exhibit B: General DescriPtiOn of the Project, including facilities and uses.
Exhibit C:
a. Reduced-size copies of the final plans for the water mains, lines and facilities
to be constructed pursuant to this Agreement, as approved by the City.
b. Schedule for completion of the Project water mains, lines and
associated facilities to be constructed pursuant to this Agreement as
approved by the City.
Exhibit D:
a. Estimated gross water requirement (gpd) and water flow requirements for the
Project for in-building use at full development, and estimated treated water
Water Service Agreement (new developmen0 12/97 (rev. 04/01)
4
irrigation requirements, including number of square feet to be irrigated with
treated water.
b. Fireflow provisions, including location, size and description of fireflow
storage to serve the Subject Property.
c. Description of general location of easements to be conveyed to the City.
5. Final Plans, The City has approved the final plans and specifications for the water
mains, lines and facilities to serve the Subject Property. No substantial changes shall be made to the
approved final plans and specifications without the City's prior written approval. The County shall
contact the City Water Department at least ten (10) working days prior to commencement of
construction to arrange a preconstruction meeting between representatives of the Water Department,
the Water Department's inspector, and the County's engineer and contractor to review the final plans
and any minor modifications thereto, to discuss construction scheduling, arrangements for the
advance deposit of the City's construction inspection fees, and any other matters that the parties
deem necessary. The County's registered professional project engineer shall inspect and certify the
design and installation of all water system mains, lines and facilities to be constructed pursuant to
this Agreement.
6. Bond Requirements. Prior to commencement of construction, The County shall
obtain one or more perforrnance and completion bonds naming the City as a third-party beneficiary
thereof, in the amount of 100% of the water system construction costs (including the amounts to be
reimbursed by the City as provided in paragraph 3, the portion of the bonding attributable to such
portion of the costs to be reimbursed by the City.) Such bonds shall be in form acceptable to the
City Attorney and shall ensure completion of and payment for the construction, and hold the City
harmless for payment to the contractor or any subcontractors, materialmen, or others involved in the
construction of the water transmission and distribution mains, lines and associated facilities, or for
the provision of materials therefor. The County shall assign to the City all warranties from
materialmen and suppliers which warrant the water system improvements constructed by the County
free and clear of defects for a period of two (2) years from the date of completion construction. In
addition, the County shall obtain and assign to the City (in form approved by the City Attorney) a
maintenance or ~varranty bond equal to one hundred percent (100%) of the water service system
construction costs (including the amounts to be reimbursed by the City as provided in paragraph 3,
the portion of the bonding attributable to such portion of the costs to be reimbursed by the City),
ensuring the proper condition and operation of such water service system for a period of two (2)
years from the date of acceptance of the system by the City.
7. No Conveyance of Water Rights and Structures. The County shall not be required
to convey water rights or payment in lieu of water rights to the City pursuant to this Agreement
inasmuch as the County is a public entity, the City already provides water service to a portion of the
Subject Property, and the City expects to obtain additional benefits as a result of the County's
construction of water system infrastructure as herein provided. Therefore, the City Council has
;tTater Service Agreement (new development) 12/97 (rev. 04/01)
5
elected to waive, in this case only, the requirement of conveyance of water rights or payment in lieu
of water rights. Such waiver shall not be deemed or construed as a general waiver of the City's
water policies, nor as an agreement that the City will or may waive its water policies in the future
in any other contract or agreement with the County.
8. Construction. Upon completion of the prerequisites described in paragraphs 3 through
7 above, the County shall proceed with due diligence to construct the water transmission and distri-
bution mains, lines and associated facilities in accordance with the plans and specifications and the
construction schedule. No construction shall occur betweenNovember 1 and April I without written
permission of the City's Water Department. An automated meter reading system shall be installed
for all connections to the upgraded water main.
9. Fees. Unless waived by the Water Department or the City Council, all fees imposed
by the City in connection with reviewing and approving this Agreement, the design drawings and
construction plans, as well as construction inspection fees, shall be reimbursed by the County. An
advance deposit for construction inspection fees shall be required at the preconstruction meeting
described in paragraph 5 above. The County shall also be responsible for timely acquiring and
paying for all permits and permit fees from entities other than the City necessary for construction
of the mains, lines and associated facilities.
10. Inspection of Construction. Construction must be inspected by the City's engineers
or other designated personnel prior to burial or final installation. The County shall give the City
Water Department two business days advance notice when the mains, lines and/or associated
facilities are ready for burial or installation, and the City's engineer or agent shall inspect said mains,
lines and/or associated facilities within two working days of such notice. The County shall timely
pay all construction inspection fees.
11. Easements. The County shall obtain at its own cost and convey in perpetuity to the
City as-built non-exclusive easements for water mains, lines, and other water thcilities, along with
all necessary access easements for maintenance and repair purposes ("easements"). All easements
on, over or through property located ontside of public fights-of-way shall be surveyed at the the
County's cost. The water main and water line easements must be large enough to provide the City
with at least ten (10) feet on either side of water mains and lines and must specify that (1) sewer lines
must be located at least ten (10) feet from any water main or line, and (2) other utilities must be
located at least five (5) feet away from any water main or line. Access easements and easements for
other facilities shall be ora size determined by the City to be reasonably necessary for the operation,
maintenance and repair of the facility to be located on such easement. Each party shall be solely
responsible for any injury or damages, including costs and attorneys' fees, to persons or property
arising from its own negligent acts or omissions occurring on or resulting from its use or occupation
of any easement premises. Nothing contained herein, however, shall constitute or result in any
waiver or diminishment of any defense or limitation available to the City or the County under the
Colorado Governmental Immunity Act or other applicable law.
Water Service Agreement (rtew developmenO 12/97 (rev. 04/01)
12. Testing - Conveyance; As-Built Drawings. Upon completion of construction and
before any water is delivered pursuant to this Agreement, all distribution and transmission mains and
all associated water lines and facilities shall be tested. Upon approval by the City of the test results
and delivery to the City of the required maintenance and warranty bonds, surveyed as-built drawings
and all required easements, the City shall accept the water system infrastructure for the Project, and
it shall be conveyed (excluding individual service lines) with all necessary non-exclusive easements
to the City, free and clear of all liens and encumbrances, by deed in form acceptable to the City
Attorney. Performance and payment bonds provided by the County pursuant to paragraph 6 above
shall be adjusted to reflect the final actual construction costs. The maintenance or warranty bond
required by paragraph 6 above must be in place and must reflect the actual construction costs prior
to the City's acceptance of any main, line or facility. As-built drawings of the Project, including the
water system and all other utilities, shall be provided to the City on reproducible sepias with a
maximum size of 24" x 36", and on an "auto cad disk data transfer file" tied into one (1) set of state
plane coordinates.
WATER SERVICE
13. Treated Water Servicel Upon completion of construction and acceptance of the water
distribution and transmission mains and lines, the associated facilities and easements by the City,
the City will provide treated water service to the Subject Property to no more than the total number
of ECUs provided for by the approved final design drawings, provided that the maximum volume
of water the City shall be required to supply each year shall not exceed the mount (in acre-feet) set
forth in paragraph 1 above. Any change in the treated water service requirements for the Subject
Property will require approval by the City, and amendment of this Agreement.
The treated water to be delivered by the City pursuant to the terms of this Agreement may
be used for all lawful in-building municipal purposes, and for fire protection and the normal and
reasonable outside irrigation of trees, lawns and gardens. The County agrees that treated water
irrigation of the Subject Property shall not exceed 20,670 square feet of lawn and garden irrigation
by drip or sprinkler irrigation means. Notwithstanding the foregoing, all water use will be consistent
with the City's Water Policy Resolution (Resolution No. 5, as amended, (Series of 1993)), and water
conservation ordinances.
14. Raw Water Service. The City may, at its election, provide raw water for irrigation
purposes on the Subject Property to the extent it is able to do so utilizing its existing raw water ditch
irrigation system, or any future raw water irrigation system it may develop. The County understands
and agrees that the City shall be the sole provider of raw or treated water for irrigation pursuant to
this Agreement, and that unless this Agreement is amended, neither the Comity nor any owner or
user of the Subject Property will develop or utilize independem raw water systems and/or water
rights or wells within the Subject Property.
15. Tap Fees and System Development Charges - Computation and Payment; Scheduling
of Taps. All tap fees for treated water service herein provided shall be assessed utilizing the City's
Water Service Agreement (new development) 12/97 (rev. 04/01)
7
prevailing applicable tap fee at the time of application for a building permit for the structure for
which service is sought. No water service shall be provided to any structure absent payment of the
appropriate tap fee and any applicable hookup charges. Tap fees and hookup charges shall be paid
at the time of building permit issuance. The City Water Department shall determine scheduling of
all physical taps or connections to the main lines.
The County shall also pay to the City a well system development charge in the mount of
$400 per ECU. The total well system development charge for the entire Project on the Subject
Property must be paid in full before construction of the water system infrastructure is commenced.
16. Service Lines. Each service line shall be metered in accordance with the Code at the
sole expense of the County and cross-cotmection and backflow prevention devices will be installed
at the County's expense.
17. Limitations on Provision of Water Service. This Agreement is only for the supply
of treated water service as herein described and no expansion of uses, connections, or water service
beyond those set forth herein and in the Addenda and Exhibits hereto is in any way authorized by
this Agreement. The City is not by this Agreement prejudging, certifying or guaranteeing its ability
to provide treated water service to any use or structure except as provided herein, nor may this
Agreement be used as evidence of approval of any land use requests, or as evidence of approval of
water service for any land use request, except as provided herein.
18. Service Subject to the City Charter, Codes, Rules, Regulations and Policies. The
County and its successors in interest shall be bound by, and all water service provided hereunder
shall be subject to, all applicable provisions of the Charter of the City of Aspen and the Aspen
Municipal Code, as well as all applicable rules, policies or regulations of the City now in effect or
as may be hereafter adopted, including the requirement that the City be the sole provider of raw and
treated water to the Subject Property.
19. Rules Regarding Water Use. The County agrees to adoPt all provisions set forth
herein as rules and regulations governing the use of water on the Subject Property and for the
Project, and agrees that this Agreement and the Addenda and Exhibits hereto shall be recorded as
covenants running with the land and shall be as fully enforceable on the Subject Property as if the
same were situated inside the City. The County agrees to assist the City in every manner reasonably
possible to enforce the City's ordinances, rules and regulations made to protect purity, safety and
supply of the water delivered pursuant to this Agreement, including curtailment during times of
shortage, elimination of any potential cross-connections, and the utilization of water conservation
devices as set forth in the Code. The County also agrees to prohibit all tmnecessary or unreasonable
waste of water on the property served by this Agreement, and to make reasonable efforts to enforce
such prohibition, The unreasonable or unnecessary waste of water shall be defined as set forth in
the Code.
20. Source of Water Supply. The parties to this Agreement recognize that the City's
water supply is dependent upon sources from which the SuPply is variable in quantity and quality
Water Service Agreement (new developmenO 12/97 (rev. 04/01)
@
and beyond the City's reasonable control; therefore, no liability shall attach to the City under this
Agreement on account of any failure to accurately anticipate availability of water supply or because
of an actual failure of water supply due to drought, inadequate runoff, poor quality, failure of
infrastructure, or other occurrence beyond the City's reasonable control.
21. No Guaranty of Water Quality, Quantity or Pressure. The City makes no promise or
guarantee of pressure, quantity or quality of water supply for any purpose, including fire suppression,
except as specifically provided herein or as is required by applicable federal, state and local laws and
regulations. The City agrees to treat its water to meet all mandatory local, state and federal potable
water standards and to exercise reasonable care and foresight in furnishing water hereunder equal
in quality to that furnished inside the City.
22. Property Rights in Water. All water furnished under this Agreement is provided on
a contractual basis for use on the Subject Property as described in this Agreement, and all property
rights to the water to be furnished hereunder are reserved to the City. Water service provided under
this Agreement does not include any right to make a succession of uses of such water, and upon
completion of the primary use of the water on the Subject Property, all dominion over the water
provided reverts completely to the City. Subject to the prohibition against waste and any other
limitations on water use imposed in this Agreement, the County shall have no obligation to create
any particular volume of return flow from the water furnished under this Agreement. The County
agrees to cooperate with the City in measuring and reporting return flows to the extent such
measuring and reporting are required by the Colorado State Engineer or his agents.
VIOLATIONS
23. Enforcement by the City. The pan'les to this Agreement recognize and agree that the
City has the right to enforce its rules, policies, regulations, ordinances and the terms of this
Agreement by the disconnection of the supply of water provided hereunder. Additionally, in the
event that the County or any user who has purchased or leased a portion of the Project or the Subject
Property violates the rules, policies, regulations or ordinances of the City, the City shall have all
remedies available to it at law or in equity, or as provided in the Code. Without limiting the
foregoing rights and remedies, the County agrees that the City may also enforce such violations by
injunction, the parties agreeing that the damages to the City from such violations are irreparable, and
there is no adequate remedy at law for such violations. The City shall be free from any liability
arising out of the exercise of its rights under this paragraph.
Notwithstanding the foregoing provisions of this paragraph 23, if an individual owner or
lessee within the Subject Property (other than the County) commits a violation with regard to water
delivered to his owned or leased property, only that individual owner's or lessee's water service shall
be disconnected, and enforcement actions will be directed toward that violator, and not toward those
who are not violating this Agreement.
Water Service Agreement (new development) 12/97 (rev. 04/01)
TERMINATION
24. Termination by Agreement. Except as provided to the contrary herein, this
Agreement shall only be terminated in writing by mutual agreement and the term of this Agreement
shall continue until such termination.
25. Termination if Illegal. The parties agree, intend and understand that the obligations
imposed by this Agreement are conditioned upon being consistent with state and federal laws and
the Code. The parties further agree that if any provision of this Agreement becomes in its
performance inconsistent with the Code or state or federal laws, or is declared invalid, the parties
shall in good faith negotiate to modify this Agreement so as to make it consistent with the Code or
state or federal laws as appropriate, and if, after a reasonable amount of time, their negotiations are
unsuccessful, this Agreement shall terminate. The City agrees that its contractual obligations
hereunder will not be impaired by any amendment to the Code unless such amendment (or
impairment) is mandated by state or federal law.
interest, shall petition for and/or consent to the
Subj ect"Pt~t~rty, or those portions thereof as deemed appropriate by the City, to the
at such time(s) a-'ks, d~etermined by the City. Such mmexation(s) shall not divest ~
use approvals or dev~ent rights awarded by Pitkin County for t~j~P~ )ject or the Subject
Property, to the extent such'~r~als and rights are legally ~SLoffToehalf c f the County prior to
annexation to the City. Land use ap~ls or development not vested in accordance with law
prior t~n shall be subject tB'~ and upon
annexation. Failure o£the County orits success.
proceedings as herein reqt Agreement authorizing the
City to terminate the same. or its successors in interest to
uired shall to commence and/or
,n their behalf, in which event the Cit~ and the County
shall pay, all costs and fees
~otwithstanding
GENERAL PROVISIONS
27. No Regulated Public Utility Status. The parties agree that by this Agreement the City
does not become a regulated public utility compelled to serve other parties similarly situated. The
County agrees that neither it, nor its successors in interest or assigns shall at any time petition the
Colorado Public Utilities Commission to acquire jurisdiction over any water rate set by the City.
Water Service Agreement (new development) 12/97 (rev. 04/01)
lO
The parties agree that in the event the City is held to be a regulated public utility by virtue of this
Agreement, this Agreement shall terminate and be of no further force or effect.
28. No Waiver. Failure of a party hereto to exercise any right hereunder shall not be
deemed a waiver of any such right and shall not affect the right of such party to exercise at some
future time said right or any other fight it may have hereunder.
29. Notices. All notices required to be given shall be deemed given upon deposit in the
United States mail, first class postage prepaid, properly addressed to the person or entity to whom
directed at his or its address shown herein, or at such other address as shall be given by notice
pursuant to this paragraph. Copies of such notices shall also be sent in the same mariner to the City
Attorney, City of Aspen, 130 South Galena Street, Aspen, Colorado 81611.
30. Force Majeure. No party shall be held liable for a failure to perform hereunder due
to wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside of the
control of that party.
31. Severability. If any provision of this Agreement shall be or become invalid or
unenforceable, the remainder of the provisions shall not be affected thereby, and each and every
provision shall be enforceable to the fullest extent permitted by law.
32. Amendment; Assignment. Neither this Agreement, nor the obligations of either party
hereto, nor the right to receive water service hereunder, may be amended or assigned without the
written consent of the parties hereto,.
33. Entire Agreement. Except as otherwise provided herein, this Agreement, including
its Addenda and Exhibits, supersedes and controls all prior written and oral agreements and
representations of the parties and is the total integrated agreement among the parties governing the
matters provided for herein.
34. Interpretation. Titles and paragraph headings shall not be used to alter the meaning
of this Agreement.
35. Binding Agreement - Recording. This Agreement is binding upon the parties hereto,
their successors and assigns, and any sale of the Project, the Subject Property, or any portion of
either shall be subject to this Agreement as provided herein. This Agreement, including the Addenda
and Exhibits hereto, shall be recorded with the Pitkin County Clerk and Recorder at the County's
expense, and shall impose covenants running with the land upon all of the Subject Property. Deeds
to subsequent owners shall provide notice of this Agreement and the obligations contained herein.
36. Governing Law; Venue; Attorneys' Fees. This Agreement and the rights and
obligations of the parties hereunder shall be governed by and construed in accordance with the law~
of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County,
Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding
BZa/er Service Agreement (new developmen0 12/97 (rev. 04/0])
the terms of this Agreement or the rights and obligations of the parties hereto, the parties agree to
submit the controversy to mediation prior to the institution of litigation. In the event litigation is
nevertheless instituted, the prevailing party shall be entitled to recover costs incurred in pursuing
such remedies, including expert witness fees and reasonable attorneys' fees.
37. 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.
38. Counterparts. This Agreement may be signed using counterpart signature pages, with
the same force and effect as if ail parties signed on the same signature page.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first
above wTitten.
THE CITY OF ASPEN, COLORADO
ATTEST: A Municipal Corporation and
Home Rule City
CityClerk ~/ '- / MaYor// /~ /'q -
APPROVED AS TO FORM:
A s/..~n,~it ~- ~--t~orney -
Pitkin County
ATTS.S~ '
By
APPROVED AS TO FO~:
Pitki~~ey ~ [-~ ~ ~
~ater Se~ice ~greement (new developmenO 12/97 (rev. 04/01)
~2
Water Service Extension
Outside City Limits
ADDENDUM 1
(Amended)
Legal Description of the Real Property to be served:
A tract of land situated in Section 34, Township 9 South, Range 85 West of the Sixth Principal
Meridian described as follows: Beginning at a point on the northeasterly right-of-way line of
Colorado State Highway No. 82 whence the Southeast Comer of said Section 34 bears S 43o09'33"
E 3110.74 feet, thence continuing along said right-of-way along the arc of a curve to the right
having a radius of 2204.33 feet and an included angle of 3°53'11" for a distance of 149.52 feet, said
curve having a chord bearing of N 20°35'15" W 149.50 feet; thence along said right-of-way N
18o38'39" W 335.91 feet to a point on the easteriy edge of an irregular parcel described as Parcel
A: thence along said easterly line and along the easterly line of LOT 1 within Parcel A as described
on a plot recorded in Book 35 at Page 85 of the Pitkin County Clerk and Recorders office N
58°53'57" E 535.39 feet: thence S 62°2222'' E 204.75 feet; thence S 48°59'17'' E 315.23 feet to a
point on the westerly line of a parcel owned by the Roaring Fork Transit Agency, thence S
58053'57'' W 838.23 feet along said westerly line to the point of beginning containing 7.68 acres
more or less.
Disregard if no changes since submission of Request for Consideration
Water Service Application (12197) Date: May 2, 2001
Water Service Extension
Outside City Limits
ADDENDUM 2
(Amended)
Description of Project:
Upgrade the existing line and extend the line to the employee housing unit and proposed animal shelter will also clean up
the existing lines which are complicated here at the Pitkin County Public Works site, This upgrade will continue to
service the CDOT building, county cinder building. And will add a new service to the new employee-housing unit (1
bedroom cabin) and ultimately the proposed city/county animal shelter. We are also moving the filler hydrant from the
existing location to a safer location on the properly.
Name: Pitkin County Public Works
X Residential
(1) Type (s) of unit: Employee Housing (cabin)
(2) Number of units: 1
(3) Square feet/unit: approximately 900
(4) Number square feet: approximately 900
Existing uses on Public Works site:
(1) Type of use: Fleet Bkig, CDOT Bldg, Public Works Adrnin Bldg
(2) Number of units: 3
(3) Indoor square feet: N/A
(4) Number square feet irrigated/unit: approximatley t,4 acre/l(1890 sqft
(5) Total square feet irrigated: N/A
Disregard if no changes since submission of Request for Consideration
Water Service Application (12197) Date: May 15, 2001
MO.~5 P.~9
JUL. E.~00i $:~gPM L~W OFFICES
Water Service Extension Outside City Limits
EXHIB~ A
(Amended)
De,trip,on of ~c~ting Fa¢illtles:
Siz, o~ ~an~rmssion/clisa'ibu~/o~ mains _ currently 6' bu~ upgrad~z to 8_" _ . _ ...
L~ngth of tran~rnlssion/distribution mains: _5,~2. ft__ . .
Age of a'ansrnissiorgdis~bution mains or other facilities: 1989
x W'amr storage tanks (number and capacity) .0 .
._~_Hydrams (numi~r) .... 1-fire hydrant andl filler hydrant
~ Pump stations (number) . j. 0
. ~ Service connections per structure (numl~er)_ .2 ~otal of 4
x _Wells (number and capacity of each) ~
Date:. l~ay. JS. 2001
JUL. 3.~001 6:EgPM LAW OFFICES N0.~65 P.ZO
Water Service Extension
Outside City Limits
This is a one.bedroom employee-housing unit, approxirna:ely $00sf with o~e bathroom, on6 kitchen, and one latmdry
facility (scackabIe washe~/dryer).
Approximate siz~ of transn~ssion/di.~burion mains:
Approximate Ien/rh of transm/ssion/distr/buffon mains;
, Water storage ranks (capaci:y):_~
. Hyd~nm (number): __ ! ~ , .
.. Pump sucions(number): _ 0 _ _
Service connectmns(numbe, r): 2 .. , .
Disregard il' no changes sin¢~ submission o/Request ~'or Consideration
wa,r,i~wi~ ^pplWa~iou cl~lr~ Date: May 15. 2001
JUL. 3.~881 6:~gPM LAW OFFICES ~0.~65 P.~I
Water Service Extension
Outside City Limits
EX. HI'BIT C
betail~ Description of New or Upgrad~ Facilities:
Proposed commencement of construction: ~I, une..4~, 2001
Proposed completion of construc£ion: Sulvl. 2001
F, stimar~l cos~ of construction ~ $~3,000
Size of transmlsslor, dlstnbu~on mares: __ _
Length of rransrrfl~sion/distribution mains:,· . ~42 ._ _
Water s:orage tanks (number ~nd capaciqO_ .0 _
Hydrants (number) .... 1 _
~ Pump sta~ioas (number) . ~ 0 .....
Service connections (number) 2
A~taehments to F.~ibit ¢ must include:
Derailed Cost ]~sfimat~ for ~oposcd Construction
_ C2itical Pa~ Sequence Chart for Pr~osed Construction
Final Design Drawings of Mains, IAn~s ~md All Associated Fa¢iIitiea
Wa:e~ Se~v£ce ap;l£ca: Date: F~ay !5_, 2001
Water Service Extension
OUtside City Limits
EXHIBIT D
Please attach a description for the entire Project of:
Estimated gross water requirements (gpd) and water flow
requirements for in-building purposes in approved structures
and uses on the subject Property at full development, and
estimated treated water irrigation requirements, including
number of square feet to be irrigated with treated water.
gpd = 5.66 AF
Total irrigated square feet = 20,670
Fireflow provisions, including location, size and description
of fireflow storage to serve the Subject Property.
General location of easements to be conveyed to Aspen. (Water
main easements must be at least 20' in width, and water mains
must be located at least 10' from other utilities. All
easements must be of a size and location acceptable the Aspen
Water Department.)
Proposed tank easements: 0
Proposed pump station easements: 0
Other proposed easements:
Date:May 15, 2001