HomeMy WebLinkAboutresolution.council.064-03Jul.22. 2003 9:32AM LAW OFFICES No.3231 P. 2
RESOLUTION NO./(~L (Series of 2003) '
A RESOLUTION OF THE CITY COUNCIL OF THI/CITY OF ASPEN, COLORADO
WI~,REA~, on or about January 20, 2001, the Cily of Aspen and Plain Cotmt~ entered into
a water service agreement whereby the City agreed to provide water service to the Stillwat~r Ranch
Affordablo Housing Project ("Water Service Agre~men¢') and
WHEREAS, the Water Service Agreement provides that tho City's obl/gation provide water
service to the Project would terminate if the County did not complete construction of the facil/ties
required by the Water Service Agreement by December 31,2001, unless completion of construction
was delayed by force majeure, in which case the deadline would be extended; and
vv'I-r~,REAS, the Water Sawico Agroomont includes as ~vonts of force majeure litigation
which prohibits construction of infrastructure pursuant to the Water Service Agreement, or litigation
which, in the part/es' reasenable judgment, renders such construction imadvisable until completion
of the lkigation and expiration of all applicable appeal periods; and
WHEREAS, litigation which, in the parties' reasonable judgment, rendered such
construction inadvisable, was initiated, and construction was delayed; and
WHEREAS, said litigation has now be~n rosolved, and it now r~asonablo to conun~nco
construction pursuant to the Water Service Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN as follows:
Section O~i. The City hereby confirms that the Water Service Agreement remains in full
force and effect, and that the deadline for completion of construction as provided in paragraph 2 of
the Water Service Agreement has bean extended by a force majeure clelay until December 31,2004.
REsoLvEv, Pl OV D A OPrED t is day , 200 .
CITY OF ASPF~N
ATTEST:
July 29, 2003
Pitkin County Board of County Commissioners
c/o Aspen-Pitkin Housing Authority
530 East Main Street LL
Aspen, CO 81611
Dear Commissioners:
Subject: Citg of Aspen Water Service Agreement - Stillwater Ranch Parcel 1, Lot 1
The Water Service Agreement dated January 10, 2001, between the County and the City of Aspen
provides, at paragraph 2, for termination of the agreement if the County has not completed
construction of the necessary water transmission and distribution mains, lines and related facilities
described in the Water Service Agreement by December 31, 2001. This paragraph provides,
however, that the construction deadline shall be extended by the number of days of delay occasioned
by force majeure. Paragraph 31 defines rome majeure, and includes "... litigation which prohibits
construction of infrastructure pursuant to this Agreement, or litigation which, in the parties'
reasonable judgment, renders such construction inadvisable until completion of the litigation and
expiration of ali applicable appeal periods."
This will confirm the City's understanding that litigation regarding the affordable housing project
to be constructed on this parcel is an event of force majeure that has extended the deadline for
construction of the water system infrastructure. Therefore, the Water Service Agreement remains
in full fome and effect until December 31, 2004.
Sincerely,
Phil Overeynder
Utility Director
City of Aspen
JUL, 22, 2009 10:27AM PITKIN CNTY PUBLIC WORKS NO. 229 P, 2'
76 ~,e~i~
~uly 21; 2003
The Honorable Helen Klanctemd, Mayor
Cib;ofAspen, Colorado '
City Hall"- 130 South Galena S~reet
· Aspen., Colorado $161I
RE: . City of~'pell Waler Service Agreement - Siill~vater .Pamg, h, Lo~ 1
Dear Mayor Kla~lerud and City Council: "
, Th~ Water Servi~¢ Agreement dated lanuary 10, 2001, between the City.of Aspen and
?itkin County provides f6r ter~haation of the agreement i-f the County has not completed
eon~c~ion of the neeessa~'y water ~ansraissioa and disu'ibution mai~, lines and rela~ed
facilities daseribed in the Wb. ter Service Agreement by December 31, 2001, This,
'paragraph provides, however, that the construction deadline shall Ge ex~aded by' the
number of days of delay occasioned by force, majeure. ?a~agraph $1 defines' force
majeure,, and includes "...lltigatiun wkich prohibits consh~tion of infrastracture
par ,st,~nt ~o .this Agre ~ement, or litigation which, in the panics' reasonable judgment,
re~iers such construction inedvisable u~til comple~ion of the litigation and Lxpirafion 6f
all applicable appeal periocis,"
Please consider this as a formal requ~t to extend the deedime for completion of the water
system to December 31, 2004 vzlder the above contrac~ provision. This request is
neceesita~ed by the recent litigation concerning the project approval by the Pitlda County
Commisduners. This ~itigation made it i~edvisable,to proceed with the eor~-uetkra of
'the project. A recent settlement removes this impediment to completion of theprojeet,
'Brian Pmet
Pitkin County Public Works Director