HomeMy WebLinkAboutordinance.council.12-25RECEPTION#: 713174, R: $43.00, D: $0.00
DOC CODE: ORDINANCE
Pg 1 of 10, 11/14/2025 at 12:44:37 PM
Ingrid K. Grueter, Pitkin County, CO
ORDINANCE NO. 12
Series of 2025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A SECOND AMENDMENT TO THE WATER SERVICE AGREEMENT WITH
MUSIC ASSOCIATES OF ASPEN DATED NOVEMBER 14, 1983, AND THE WATER
SERVICE AGREEMENT AMONG THE CITY, MUSIC ASSOCIATES OF ASPEN, AND
ASPEN COUNTRY DAY SCHOOL DATED MARCH 14, 1994, FOR PROVISION OF
TREATED WATER SERVICE OUTSIDE THE CITY LIMITS, BOTH AS AMENDED BY AN
AMENDMENT AGREEMENT DATED AUGUST 8, 2011, ADOPTED PURSUANT TO
ORDINANCE NO.23, SERIES OF 2012.
WHEREAS, in 1983, City Council entered into a Water Service Agreement with Music
Associates of Aspen, a Colorado non-profit corporation ("MAX), for provision of City treated
water service to their property located in Pitkin County, Colorado ("MAA Property"); and
WHEREAS, the Aspen Country Day School, a Colorado nonprofit corporation ("ACDS")
has operated school facilities located on portions of the MAA Property pursuant a lease agreement
with MAA dated August 25, 1992, and is provided water pursuant to a separate Water Service
Agreement dated March 14, 1994, between the City and ACDS and MAA; and
WHEREAS, the 1983 Water Service Agreement and the 1994 Water Service Agreement
are referred to collectively in this Ordinance as the "MAA Water Service Agreements"; and
WHEREAS, in 2008, MAA received Pitkin County's approval of a Master Plan for its
campus, which provides for demolition of many of the existing buildings on the MAA Property,
and construction of new facilities to accommodate the continued use of the campus for educational
purposes (2008 Master Plan); and
WHEREAS, in 2011, City Council approved an Amendment to the MAA Water Service
Agreements, which amendment was dated August 8, 2011 and recorded on March 16, 2012, at
1
Reception Number 587514, to provide additional water service capacity of up to 78.97 equivalent
capacity units (ECUs) for the expanded Music School Campus in accordance with MAA's
approved 2008 Master Plan ("2012 WSA Amendment").
WHEREAS, on January 10, 2024, pursuant to Pitkin County Board of County
Commissioners' (BOCC) Resolution No. 0003-2024, recorded on January 25, 2024, at Reception
Number 700146, Pitkin County approved an amendment to the 2008 Master Plan which authorizes
the development of up to six on -site affordable housing units upon the Subject Property; and
WHEREAS, MAA currently wishes to confirm treated water service from the City to serve
these six affordable housing units when constructed, provided that there will be no overall increase
in authorized water service by the City to the Subject Property because this re -development will
not exceed prior authorized water service levels pursuant to the 2012 WSA Amendment.
WHEREAS, MAA has submitted an Application for Water Service Extension (the
"Application") for these six housing units and will pay all fees required in connection with the
Application. The City Water Department is prepared to approve the Application to continue to
provide water service to the Subject Property, including up to six onsite affordable housing units,
on the terms and conditions of the 2012 WSA Amendment and as additionally amended by this
proposed Second Amendment.
WHEREAS, Except as amended or superseded by this Second Amendment, the 2012 WSA
Amendment (as well as the MAA Agreement and the ACDS Agreement, as defined therein) shall
remain in full force and effect.
WHEREAS, ACDS concurs with the proposed Second Amendment, the water system
improvements and expansion of water service sought by MAA; and
2
WHEREAS, City staff have determined that the proposed infrastructure improvements and
expanded water service requested by MAA, if provided in accordance with the proposed Second
Amendment to Water Service Agreements, comply with the requirements of the Municipal Code
of the City of Aspen, Colorado (the "Code"), and with the requirements of the City's Water Service
Extension Policy, which 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 Council has had an opportunity to review with City staff the terms
and conditions of the proposed infrastructure improvements and expanded water service requested
by MAA; and
WHEREAS, City Council has determined that the health, safety, and general welfare of
the citizens, residents, and visitors of the City of Aspen will be served by this ordinance.
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
Second Amendment to Water Service Agreements, authorizing additional water system
infrastructure and improvements, and expanded water service to MAA, all as described in the
Second Amendment to Water Service Agreements, is in the best interest of the City, and complies
with requirements of the Municipal Code of the City of Aspen, Colorado (the "Code"), and with
the requirements of the City's Water Service Extension Policy, and the City Council approves the
Second Amendment to Water Service Agreements attached hereto and incorporated herein by
I
reference and authorizes the City Manager to execute such agreement.
Section 2. 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 3. 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.
Section 4. A public hearing on the ordinance shall be held on the 14th day of October 2025,
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 of Aspen on the 6th day of Oci
'-- 4 r
Attest: a&
Nicole Henning, City Clerk
FINALLY ADOPTED, PASSED AND APPROVED this 14th day of Npven�k-er 5.
Ra t
ael Richards, Mayor
Attest. et&4/ -
Nicole Henning, City Clerk 3
Approved as to Form:
.James R. True, Special Counsel
I
CITY OF ASPEN
SECOND AMENDMENT TO ASPEN MUSIC
SCHOOL WATER SERVICE AGREEMENTS
This Second Amendment to Allen Music S hool Water Service Agreements ("Second
Amendment") is entered into this A/ —day of � , 2025, in Aspen, Colorado,
between THE CITY OF ASPEN, a Colorado municipal corporation and home rule city whose
address is 427 Rio Grande Place, Aspen, Colorado 81611 (the "City"), and Music Associates of
Aspen, Inc., a Colorado nonprofit corporation, located at 225 Music School Road, Aspen,
Colorado 81611 ("MAA").
WITNESSETH
WHEREAS, pursuant to that certain Amendment to Water Service Agreements for the
Aspen Music Festival and School Property, by and between the City and MAA (the "2012 Water
Service Agreement"), which document was recorded in the Office of the Clerk & Recorder of
Pitkin County, Colorado on March 16, 2012, at Reception Number 587514, and two related prior
agreements, the City has previously agreed to provide water service to the Aspen Music School
property (the "Subject Property"), all as described in the 2012 Water Service Agreement; and
WHEREAS, pursuant to Pitkin County Board of County Commissioners' Resolution No.
050-2008, recorded on June 18, 2008 at Reception No. 550330, the Pitkin County Board of
County Commissioners has previously approved a Master Plan for re -development of the Subject
Property (the "2008 Master Plan"); and
WHEREAS, the 2012 Water Service Agreement provided for the City to provide water
service to the Subject Property when re -developed according to the 2008 Master Plan, and also
required MAA Jo construct certain water system infrastructure, which infrastructure has since
been fully and timely constructed, completed, and accepted by the City; and
WHEREAS, on January 10, 2024, pursuant to Pitkin County Board of County
Commissioners' Resolution No. 0003-2024, a copy of which was recorded on January 25, 2024
at Reception No. 700146, Pitkin County approved an amendment to the 2008 Master Plan which
authorizes the development of up to six on -site affordable housing units upon the Subject
Property; and
WHEREAS, MAA wishes to confirm treated water service from the City in order to
serve these six affordable housing units, when constructed, provided that there will be no overall
increase in authorized water service by the City to the Subject Property because this re-
development will not exceed prior authorized water service levels pursuant to the 2012 Water
Service Agreement; and
WHEREAS, MAA has submitted an additional Application for Water Service Extension
(the "Application") for these six housing units and paid all fees required in connection with the
Application; and
WHEREAS, the City has approved the Application, and is willing to continue to provide
water service to the Subject Property, including up to six on -site affordable housing units, on the
terms and conditions of the 2012 Water Service Agreement, as amended by this Second
Amendment.
THEREFORE, in consideration of the premises and the mutual promises and covenants
contained herein, the City and MAA further agree as follows:
1. The parties agree and acknowledge that, MAA has previously fully and timely
constructed all infrastructure, paid all fees, and completed all other requirements in exchange for
the City's commitment to serve up to 78.97 ECUs pursuant to the 2012 Water Service
Agreement.
2, The 2024 Master Plan Amendment authorizes the development of up to six onsite
affordable housing units, two (one two -bedroom apartment, and one one -bedroom apartment) to
be located within an existing business building located upon the Subject Property, and the other
four (efficiency/studio apartments) to be located within a new building that will replace a storage
building now located upon the Subject Property. These six additional housing units will require a
total of 6.6 ECUs of water service. But, because the existing business building was previously
allocated 1.0 ECU of water service, the net demand to serve all six affordable housing units
when completed will be 5.6 ECUs. However, because development on the Subject Property
remains below previously -approved service levels, even with the addition of these 5.6 ECUs,
total water service to the Subject Property will continue to remain at or below the maximum
water service levels previously approved by the City pursuant to the 2012 rater Service
Agreement (78.97 ECUs were previously approved, with total annual water deliveries not to
exceed 30.96 acre-feet). Any further changes in the treated water requirements for the Subject
Property shall require additional approval by the City.
3. In consideration of the City's agreement to provide water service to the new onsite
housing, MAA shall be responsible for the following fees and payments to the City:
3.(a)_ Tap pees:
All additional tap fees for treated water service provided for in this Amendment 2 to the
Water Service Agreement shall be assessed utilizing the City's prevailing applicable tap
fee at the time of application for a building permit for the structure for which service is
sought. Tap fees and hookup charges which have not been previously paid or credited as
provided in Paragraph 17 of the 2012 Water Service Agreement Amendment shall be
paid prior to building permit issuance, or, if a structure already exists, prior to delivery of
water to that structure by the City.
The fees due to the City pursuant to the current proposal and the City's 2025 Price Book
are estimated as follows, but exact values will be provided on the Utility Connection
Permits for the subject structures (Buildings 6B and 18):
3.(a).i. Utility Investment Charges = 5.60 ECUs * $19,530/ECU = $109,368
3.(a).ii. Payment in Lieu of Water Bights Charges = $0 Due
• MAA PAID $47,382 in 2015 in accordance with terms provided in
Section 9 of Amendment 1 of WSA dated 8/8/2011 for total anticipated
ECU rating of 78.97 ECUs at rate of $600/ECU
3.(a).iii. Well System Development Charges = $0 Due
• MAA PAID $13,388 in 2015 in accordance with terms provided in
Section 17 of Amendment 1 of WSA dated 8/8/2011 for total anticipated
ECU rating of 78.97 ECUs at rate of $400/ECU
3.(b) Processing,/Permitting�Fees:
Utilities Development Review Fee = $25,871.71 (for 12,143 sq. ft. of Affected Area)
MAA shall timely pay all fees imposed by the City in connection with reviewing and approving
this Second Amendment.
4. In consideration of the City's authorization of water service to the six new onsite housing
units pursuant to this Second Amendment, MAA shall be required to design, construct and
complete certain additional water system improvements, including a new fire hydrant across
Music School Road from Building 6B, a 6" ductile iron water line to serve the hydrant, and a tee
and valves to connect the new 6" water line to the hydrant and an existing 8" City water main, as
well as abandonment and removal of the lexisting fire hydrant directly in front of Building 6B.
MAA shall also abandon an existing water service line for Building 18, and install two new
water service lines, one to serve four units within Building 6B, and a second new line for that
will serve two units within Building 18. MAA will design and construct the new fire hydrant and
related infrastructure and abandon the existing fire hydrant and the water service line that serves
it in accordance with and subject to the latest revision of the Water Distribution System
Standards published by the City of Aspen Water Department at MAA's own expense. Upon
completion and acceptance by the City, the new fire hydrant and related infrastructure that will
supply it shall be owned and maintained by the City. The new private water service lines to
serve the proposed residences upon the Subject property shall be owned and maintained by
MAA.
5. Prior to commencement of construction, MAA shall provide a cost estimate from a
Colorado -registered professional engineer for the new fire hydrant and the infrastructure required
to connect it (the 6" water line, tee and valves). MAA shall also obtain, or obtain from its
contractor, one or more performance and payment bonds naming the City as a third party
beneficiary thereof, or other security acceptable to the City Attorney, in the amount of 110% of
the engineer's cost estimate to construct the new fire hydrant and such related infrastructure.
Such bond(s) shall be in form reasonably acceptable to the City Attorney and shall ensure
completion of and payment for the construction. Notwithstanding the foregoing, MAA hereby
holds harmless and indemnifies the City for all required payments to the contractor and/or any
subcontractors, materialmen, or others involved in the construction of the fire hydrant and
associated facilities, or otherwise for the provision of labor or materials therefor.
6. MAA shall assign to the City all warranties from materialmen and suppliers which
warrant the new fire hydrant and water line to serve it to be free and clear of defects for a period
of two (2) years from the date of acceptance by the City of the new hydrant. In addition,
following completion and acceptance of the new hydrant by the City, MAA shall obtain and
assign to the City (in a form approved by the City Attorney) a maintenance or warranty bond, or
other security as may be acceptable to the City, equal to 10% of the estimated cost of
construction of the new hydrant and water line, ensuring the proper condition and operation of
the same for a period of two (2) years from the date of acceptance by the City.
7. MAA shall obtain at its own cost and convey in perpetuity to the City as -built non-
exclusive easements, in form acceptable to the City Attorney, for future operation, repair and
replacement of the new fire hydrant and the 6" water line that will serve it (the "Easements").
These Easements shall extend within a ten -foot (10') radius around the center of the new fire
hydrant, and within ten feet (10') on either side of the 6" water line that will serve the new
hydrant. Unless otherwise approved by the City, all water and sewer lines on the Subject
Property will continue to be located in relation to each other as required by the City's water
system standards, which require that (1) all sewer lines be located at least ten (10) feet from any
water main or line (except as may be otherwise approved by the City after review of final plans
and specifications for a particular phase), and (2) other utilities be located at least five (5) feet
away from any water main or line.
8. Each party shall be solely responsible for any injury or damages, including costs and
attorney 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 under the Colorado Governmental Immunity Act or other applicable law.
3
The parties recognize that an existing fire hydrant will be abandoned as new construction is
completed, and the City will vacate, relinquish and reconvey to MAA, any easements on the
Subject Property for any water system infrastructure that will be abandoned upon MAA's
completion of the new fire hydrant and related improvements described herein and acceptance of
the same by the City.
9. Except as amended or superseded by this Second Amendment, the 2012 Water Service
Agreement (as well as the MAA Agreement and the ACDS Agreement, as defined therein)
remain in full force and effect.
10. City Council Resolution No. 5 (Series of 1993), as amended by Resolution No. 49 (Series
of 1993) and Resolution No. 9 (Series of 1996) sets forth the City's policies concerning
extraterritorial expansion of municipal water service. Among other things, the extension or
expansion of municipal water service must be consistent with and further the goals of the Aspen
Area Community Plan ("AACP"). To comply with these requirements, MAA and the City have
previously entered into Memorandum of Understanding effective January 1 2012 concerning
affordable housing (the "2012 MOU"). The 2012 MOU remains in full force and effect and the
housing units to be developed by MAA pursuant to this Second Amendment shall apply toward
MAA's affordable housing commitments to the City pursuant to the 2012 MOU.
11. The parties acknowledge and represent to each other that all procedures necessary to
validly contract and execute this Amendment have been performed and that the persons signing
for each party have been duly authorized to do so.
12. This Second Amendment may be signed using counterpart signature pages, with the same
force and effect as if all parties signed on the same signature page.
[Signatures appear on Following Pages.]
Music Associates of Aspen, Inc.,
a Colora o non-profit corporation
By �.
offer B. Elliot, Vice
Special Projects
STATE OF COLORADO )
COUNTY OF T M<l� ass.
Acknowledged before me October , 2025, by Jennifer B. Elliot as Vice President
for Special Projects of ]Music Associates of Aspen, Inc., a Colorado non-profit corporation.
My commission expires I
my hand and official seal.
Notary
SUSANNE MORRISON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20264021274
4ALGOMMISSION EXPIRES JUNE 6, 2029
ACKNOWLEGED, AGREED TO AND APPROVED AS TO FORM AND CONTENT:
The Aspen Country Day School, Inc.
a Colorado non-profit corporation
By
STATE OF COLORADO }
} ss.
COUNTY OF? tT V44 )
Acknowledged before me October l , 2025, by Grace Nims as Director of Operations
of The Aspen Country Day School, Inc., a Colorado non-profit corporation.
My commission expires -J U �I U 21
Witness my hand and official seal. 5v<v� 'vz
Notary Public
SUSANNE MORRISON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20264021274
MY COMMISSION EXPIRES JUNE 6, 2029
IN WITNESS WI REOF, the parties have executed this Second Amendment the date
and year first above written.
ATTEST:
By
C���
City Clerk
APPROVED AS TO FORD:
City
STATE OF COLORADO )
COUNTY OF PITK N } ss.
}
THE CITY OF ASPEN, COLORADO
A Municipal Corporation and
Home Rule City
By =`���✓�-'L0(1
Mayor
Acknowledged before nie 06T.&Cy- , 2025> by V-1a}'1 'oi ,, 16%�'G�,j.
Mayor, City of Aspen, and , Clerk of the City of Aspen.
My commission expires 01 7-1 17,Wl, .ram
rr� /
Witness my hand and official seal.
TARA L NELSON
NOTARY PUBLIC
STATE OF COLORADO Notary Public
NOTARY ID 20014030017
MY COMMISSION EXPIRES SEPTEMBER 25, 2029