HomeMy WebLinkAboutordinance.council.020-97
ORDINANCE NO. 20
(Series of 1997)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AUTHORIZING AND APPROVING AN AGREEMENT FOR THE EXTRATERRITORIAL
EXTENSION AND DELIVERY OF MUNICIPAL WATER SERVICES TO THE JAMES E.
MOORE F AMIL Y PARTNERSHIP LLLP.
WHEREAS, Section 11.3 of the Home Rule Charter for the City of Aspen provides that
the extension of municipal water lines beyond the City's boundaries to provide extraterritorial
treated water service shall only be approved by City Council by ordinance; and
WHEREAS, Section 25-12-020 of the Municipal Code provides that any extraterritorial
provision of municipal water services beyond the City's boundaries shall only be undertaken
pursuant to a written agreement between the City and the person or entity desiring municipal
water service; and
WHEREAS, a request for raw and treated municipal water services has been submitted to
the City by the James E. Moore Family Partnership LLLP for water service to areas situated
outside Aspen's municipal boundaries; and
WHEREAS, the Board of County Commissioners for Pitkin County has granted l~d use
and development approvals for the James E. Moore Family Partnership LLLP project; and
WHEREAS, a water service agreement has been prepared and proposed specifying the
nature and extent of treated water service to be provided to the James E. Moore Family
Partnership LLLP project; and
WHEREAS, a raw water service agreement has been prepared and proposed specifying
the nature and extent of raw water service to be provided to the project; and
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WHEREAS, The City Council finds the proposed agreements to be consistent with the
terms and requirement of the Municipal Code and municipal water management policies as
adopted by the City, as well as Resolution No. 60, Series of 1995;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That the Water Service Agreement and the Raw Water Agreement between the City of
Aspen and the James E. Moore Family Partnership LLLP for the extraterritorial extension and
delivery of treated and raw municipal water services to the development and associated areas
commonly known as the James E. Moore Family Partnership LLLP, copies of which water
service agreements are attached hereto and fully incorporated herein as Attachment 1 and 2, be
and are hereby approved and the Mayor and the City Manager are authorized to execute and shall
execute same on behalf of the City at such time as the final plat is recorded, Pitkin County
verifies receipt of the funding required to be provided by Paragraph 6 of Resolution No. 60,
Series of 1995. The City shall not condition water service to the James E. Moore Family
Partnership LLLP as set forth in Paragraph 8 of Resolution No. 60, Series of 1995. The City and
James E. Moore Family Partnership LLLP shall in good faith work together towards a mutually
satisfactory resolution of the condition set forth in said paragraph.
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 the ordinances repealed
or amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
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Section 3
If any section, subsection, sentence and 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 L day Of~, 1997,
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the ~:r day Of~, 1997.
-k2 I~~~
John . Bennett, Mayor
A ITEST:
~>>u..n<) L~~_
Kathryn S.J{och, City Clerk
. FINALLY adopted, passed and approved this Lday of ~
(/
,1997.
John J::::ett; ~~-Y.('
ArrEST: .J ~
&::.~f!:City Clerk
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CITY OF ASPEN
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3 RAW WATER AGREEMENT
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6 This Raw Water Agreement ("Agreement") is entered into this _ day of
7 , 1997, by and between the CITY OF ASPEN ("City"), a home rule
8 municipality with its principal address at 130 South Galena Street, Aspen, CO 81611 and JAMES
9 E. MOORE FAMILY LLLP ("Developer"), a Colorado limited liability limited partnership
10 whose address is c/o Patrick & Stowell P.C., 205 South Mill St. Suite 300, Aspen CO 81611 and
11 assigns.
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13 WHEREAS, the City currently owns, operates and maintains in accordance with the laws
14 of the State of Colorado and the Charter, Code, policies, and ordinances of the City of Aspen,
15 Colorado, the City of Aspen water system, which includes, among other things, water rights,
16 decrees, structures and facilities permitting delivery of raw water to various locations within and
1 7 without the City limits; and
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19 WHEREAS, Developer owns certain land located in Pitkin County, Colorado, outside the
2 0 city limits of the City of Aspen, as described in Exhibit A and referred to in this Agreement as
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1 the "Subject Property"; and
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23 WHEREAS, Developer has conveyed or will convey certain water rights and ~asements
24 for raw water lines to the City in connection with a Water Service Agreement executed
. 25 contemporaneously herewith; and
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27 WHEREAS, Developer wishes to obtain raw water from the City for irrigation purposes
28 on the Subject Property as provided in this Agreement; and
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30 WHEREAS, the City is willing to provide raw water to Developer on the terms and
31 conditions of this Agreement; and
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33 WHEREAS, this Agreement is entered into in conformity with and subject tothe laws of
34 the State of Colorado and the Charter, Code, policies, ordinances, rules and regulations of the
35 City;
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37 NOW THEREFORE, in consideration of the mutual promises contained herein,' and other
38 valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
39 agree as follows:
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~-, 1 1. Provision of Raw Water. The parties acknowledge that, pursuant to that certain
~ Water Service Agreement entered into between them contemporaneously herewith, Developer will
- 43 convey to the City certain water rights described therein, and has agreed to convey certain
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easements across the Subject Property for the City's raw water delivery system. The City has
therefore agreed, subject to the provisions of this Agreement, to provide to Developer raw water
for irrigation purposes on the Subject Property at such time as Developer has completed phases
1 and 2 of construction as described in the Water Service Agreement executed contemporaneously
herewith. Said water shaH be provided between April 1 and October 31 of each year (the
"irrigation season"), to the extent required for proper irrigation, without waste, of the common
open spaces and recreation areas of the Subject Property, as approximately delineated on the map
attached as Exhibit B, provided, however, that the City shaH not be obligated to provide such
water at a rate exceeding 1.5 cfs, nor shaH the City be obligated to provide a total volume of
water exceeding 151.5 acre-feet per irrigation season. In the event a portion of the Subject
Property is sold or transferred to the City or the School District, the City's delivery obligations
to the Subject Property will be reduced or adjusted appropriately. This Agreement aHows only
the use of raw water owned by the City and conveyed by various ditches, pipelines and/or weHs
to the Subject Property. Water shaH be delivered by the City to the Subject Property through
various City owned structures capable of providing such water, resulting in several "points of
delivery." Developer's use of raw water provided hereunder shaH be subject to any applicable
provisions of the City Code concerning waste.
2. Term. This Agreement shaH continue in perpetuity until terminated as provided
in paragraph 11 below.
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3. Water Sup.ply. The water provided to Developer pursuant to this Agreement may
be supplied from anyone or more of the water rights now owned or hereafter acquired by the City
(including those water rights transferred by Developer to the City in connection with the Water
Service Agreement) that may be lawfuHy used for irrigation purposes on the Subject Property.
Such water shaH be supplied onIy at such times and to the extent water may lawfuHy be taken
under the City's available water rights in accordance with the priority system of the State of
Colorado, and any other applicable state or federal laws or regulations.
4. Payment. Developer shall pay City annuaHy for the raw water provided under this
Agreement. Raw water charges shaH be computed based on the City's raw water rate in effect
at the time the water is delivered, and shall be billed to Developer by June 30 of each year for the
current irrigation season. Payment shaH be made to the City within 60 days of the billing date.
In the event that Developer chooses to be billed based upon metered raw water delivered at the
points of delivery, Developer shaH instaH all necessary meters at its cost and the City shall charge
the Developer the metered rate for the delivery of raw water and bill Developer accordingly. If
the City elects to bill based upon metered raw water, the City shaH install the necessary meters
at its expense.
5. Water Use by Developer. The water provided to Developer under this Agreement
shaH be used by Developer for irrigation, without waste, of no more than 35 acres within the
Subject Property . Water shall not be used to fill ponds or to supply or maintain water features
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on the Subject Property unless this Agreement is amended to provide for such uses. No water
shall be used outside the boundaries of the Subject Property.
The City's obligation to furnish water shall be fulfilled by delivery of the water as
provided in paragraph 1 above. Developer shall be solely responsible for the cost of constructing,
cleaning, operating, maintaining, repairing and replacing all pipes, sprinklers, and other structures
and facilities which enable use of the water Oil the Subject Property after it is delivered by the
City.
6. No Riiht to Store. Reuse or Successively Use Wate{. Developer shall have no
right to store, reuse or make a succession of uses of the water provided pursuant to this
Agreement. Developer agrees that it does not, by this Agreement, acquire any interest in water
rights owned or controlled by the City, and that any claims it may have with respect to the
delivery of water hereunder are strictly contractual rights as provided in this Agreement.
The City specifically reserves the right to reuse, to the extent permitted by law, the water
which is delivered to the Subject Property hereunder. The City may apply to the water court for
permission to store, reuse or successively use, or otherwise change any of its water rights so long
as the City remains able to fulfill its delivery commitment hereunder. Developer shall not oppose
any such water application on the ground that this Agreement prohibits or limits such application.
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7. Suspension of Water Delivery. The City shall not be liable for failure to deliver
water by reason of any unanticipated water main or line break or ditch structure breakdown or
other unanticipated Structural conditions which prevent or curtail delivery, or any emergency
disruption of City water facilities. The City shall use its best efforts to resolve any emergency
situation, and to repair or replace, as necessary, any water main, line, ditch or structure as soon
as reasonably possible to assure resumption of water deliveries to the Subject Property as soon
as reasonably practicable. Alternatively, the City may, at its option, deliver water to the Subject
Property from other sources or locations.
The delivery of water under this Agreement shall also be subject to interruption for the
purpose of cleaning, maintenance or repair of ditches, laterals or other structures or facilities,
provided that the City shall use reasonable efforts to undertake such cleaning, maintenance and
repairs between November I and March 31. If, in the City's reasonable jndgment, snch cleaning,
maintenance or repairs must be undertaken during the irrigation season, and if such activities will
result in suspension of water deliveries to Developer for more than 24 hours, the City shall give
Developer two business days prior written notice of its plans. The City shall complete such
cleaning, maintenance or repairs promptly, and with as little loss in delivery to the Subject
Property as is reasonably practicable under the circumstances.
In addition, the City may suspend delivery of irrigation water under this Agreement if
necessary to satisfy emergency needs of the City for water for domestic and commercial purposes
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and may curtail deliveries hereunder pro rata with curtailmeut of raw water used for irrigation by
~ all other customers of the City, including the City itself.
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4 8. IndemnificatiQQ. As partial consideration for the rights granted to Developer by
5 the City under this Agreement, Developer agrees indemnify the City and hold it, its officials,
6 agents and employees, harmless from any and all losses, i'1iuries or claims of any kind
7 whatsoever, including a11 costs of defense and attorneys fees, that may arise from Developer's use
8 of the water delivered hereunder on the Subject Property, or Developer's operation, maintenance,
9 repair, rehabilitatiou or replacement of structures or facilities belongiug to or controlled by
10 Developer or its agents, employees, or contractors, on or off of the Subject Property. Developer
11 shall obtain and maintain generalliabiIity insurance with carriers authorized to do business in
12 Colorado, which insurance shall have limits reasonably acceptable to the City, shall name the City
13 as an additional insured, and shall provide that the City shall be given thirty (30) days notice of
14 cancellation or termination of such insurance. A certificate evidencing such insurance shall be
15 provided to the City upon request. At no time shall anything contained within this Agreement be
16 considered or interpreted to waive or diminish, in whole or in part, the rights or limitations
17 bestowed upon the City by the Colorado Governmental Immunity Act, C.R.S. ~ 24-10-101, et
18 seq., as amended, or any other law, nor shall the indemnification obligation hereunder cover
19 claims or losses or damages for which the City would not be liable, should this indemnification
20 provision not have been in existence.
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.-"'2 9. Water Qualitt. Developer acknowledges that the water provided by the City under
this Agreement is untreated water that will be diverted directiy from streams or wells, and
.:. 4 delivered without any treatment to the Subject Property, and that the City makes no guarantees
25 or representations concerning the quality of the water provided.
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27 10. Obliflations Consistent with Law. The parties agree, intend and understand that
28 the obligations imposed by this Agreement are only such as are consistent with state and federal
29 law. The parties further agree that if any provision of this Agreement becomes, in its
30 performance, inconsistent with state or federal law or is declared invalid, the parties shall either
31 terminate this Agreement or in good faith negotiate to modify the Agreement so as to make it
32 consistent with the state or federal law, as the case may be.
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34 I I. T ennination. Except as provided to the contrary herein, this Agreement shall only
35 be terminated in writing, signed by the parties (or, as appropriate, their successors in interest) and
3 6 the term of this Agreement shall continue until such termination.
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3 8 12. Qefaull. In the event either party defaults in the performance of this Agreement, other
39 than the obligation to make payment for raw water delivered, the nondefaulting party shall advise
4 0 the other party iu writing of such default. The defaulting party shall have thirty days from the
41 date of such notice within which to cure the default. In the event the default cannot reasonably
.~2 be cured within such thirty-day period, the defaulting party shall so advise the other party in
writing, and shall advise of the date by which the default can reasonably be cured. In such case,
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the defaulting party shaIl commence cure within the original thirtY-<lay period, and shall proceed
with diligence to complete the cure. The nondefaulting party may, at its option, terminate this
Agreement if the default is not cured within said thirty-<lay period, or, if the nOn-defaulting party
has been advised as provided in this paragraph that the default cannot reasonably be cured within
the thirty-day period, the non-defaulting party may, at its election, terminate this Agreement if
reasonable steps to cure the default are not commenced within the thirty-day period, or if the
default is not timely cured by the date for completion of cure specified by the non-defaulting
party .
If Developer defaults by failing to make payment for raw water when due, the City may,
in addition to other remedies available to it, terminate raw water service to the Subject Property
until payments (including any applicable interest and late charges) are current.
Notwithstanding the foregoing, if any default occurs and is not cured as provided for
herein (if it is a default that may be cured pursuant to this paragraph), the nondefaulting party
shall have available to it all remedies at law or equity.
13. No Waiver or Ri~hts or Remedie~. Failure of a party hereto to exercise any right
or remedy hereunder shall not be deemed a waiver of any such right or remedy and shall not
affect the right of such party to exercise at some future time said right or remedy or any other
right or remedy it may have hereunder.
14. Notic~. All notices required to be given hereundershaU be in writing, and shall be
deemed given upon deposit in the United States mail, certified mail, return receipt requested,
postage prepaid, properly addressed to the party to whom directed at its address shown. below or
at such other address as may be given by notice pursuant to this paragraph:
City of Aspen
Water Director, City of Aspen
130 South Galena Street
Aspen, Colorado 81611
cc:
City Attorney
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
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'. Developer
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3 James E. Moore Family LLLP
4 c/o Patrick & Stowell P.C.
5 205 South Mill Street Suite 300
6 Aspen, Colorado 81611
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8 15. Force Maieure. No party shall be held liable for failure to perform hereunder due
9 to wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside of
10 the control of such party.
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12 16. As~i~nm~l!l. The rights and obligations of Developer, or a successor developer,
13 hereunder may be assigned or transferred to a homeowner's association or other entity that is
14 created to Succeed to Developer's obligations hereunder, and this Agreement will be deemed
15 binding upon such assignee or transferee.
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17 17. Entire Ag-reement. This Agreement (including the exhibits), and the Water Service
18 Agreement and the Pretapping Agreement (if any) executed contemporaneously herewith constitute
19 the total integrated agreement among the parties regarding the subject matter hereof, and
2 0 supersede and control all prior and contemporaneous written and oral agreements and
21 representations of the parties concerning the provision by the City of raw water and treated water
22 to the Subject Property.
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4 18. Authority of Si~natori~. By signing this Agreement, the parties acknowledge and
25 . represent to one another that all procedures necessary to Validly contract and execute this
26 Agreement have been performed and that the persons signing for each party have been duly
2 7 authorized to do so.
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29 19. Intex:pretation of Ag-reement. Neither the titles to this Agreement and its
3 0 paragraphs, nor the recitals appearing prior to paragraph 1 of this Agreement shaIl be used to alter
31 the meaning of this Agreement, and in the event of a conflict, the terms and conditions of the
32 numbered paragraphs shall govern.
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34 20. Binding Agreement; ~ecording: Coyeoa.o!. This Agreement is binding Upon the
35 parties hereto, their successors and assigns. This Agreement shall be promptly recorded by the
3 6 City, and shall constitute a covenant running with the Subject Property.
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3 8 21. LitigatiQo. In the event either party is required to take legal action to enforce its
3 9 rights under this Agreement, the prevailing party shall be entitled to recover its reasonable
40 attorneys' fees and costs, including expert witness fees. The parties agree that the forum for any
41 such litigation shall be the Pitkin County District Court.
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22. Counteq>art.s.. This Agreement may be signed using counterpart signature pages,
with the same force and effect as if all parties signed on the same signature page.
IN WITNESS WHEREOF, the parties hereto set their hands on the day and year above
fIrst written.
Attest:
CITY OF ASPEN
City Clerk
By: John Bennett, Mayor
JAMES E. MOORE FAMILY PARTNERSHIP LLLP.
By:
Title:
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
25 SUBSCRIBED AND SWORN to before me this _ day of , 199_, by
26 . authorized agent of the James E. Moore Family
27 Partnership LLLP.
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29 WITNESS my hand and offIcial seal.
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31 [SEAL]
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34 Notary Public
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36 My COmmission expires:
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40 MOORERAW.65
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-1ar-03-97 12: 37P
Exhihit ^
.l\. parcel o~ land gituated in the W~sE% of Section 11. and the
}Jl'l~ltE~, S!snE~, 11~SE~ of Bc.ction 1,4, TOUllahip 1.0 South, Rzmqe as
l1est of the 6th P.II., aaid parcel being more p"rticu1ax:ly described
as folloWQ:
Bgginning at a po.int. on tho north-Bouth centerline ot mlid section
14, whence! thQ l'l.4.'corner of sl1id Section 14 baartl N 00015'39" 'H,
140.19 fRat, with ..all bel1rings baing relative to a. beaD-ring of S
S9D!l,'48" E betweon said N% corner and the u~ cornor of said
SQction 14; thence along :laid north-9outh centorline; thence S
00-15'39" E 62.31 feat to a point on the north line of a parcel of
land described in Dook JJ1 at PaqQ 623 of tlle PitKin County
record5j thence ~long the boundary of said pllreel thQ followinqsix .
( 6) courses ,:
(1) S 73059'09" E, 210.00 fRet;
(2) thencQ S 33.15'39" E, 115.00 feet;
(3) ~lenca S 19'05'39" X, 140.00 ~aeti
(4) thencQ S 3S'S5'J9n E, 120.00 faet;
(5) thBncm 5 19030'J9" E, 150.9J feat;
(Ii) thenco n 73059'09" W, 447.05 feat toa point on sald
nC?rth-soUth centerline of pAction ~4, thence alonq said north-oouth
cantarline S 0001.5'3911 E, 2U40.97 teet: to the QOut.hWQst:.c:orner ot
the SH%NE~ oX said S.ot~on l~i thQncQ S 00'15'39" E, 1336.71 ~eet
to the 30UthWIlst corner' of tho n\ s~; 'thancQ along- tho south line
of said N\pE~ of Section 14, S 89'07'5311 E, 2~~1.79 faB.t; to thG
eAst line. of Aaid SQction 1.41 thcmcQ alonl1 gaid aast lin. of
Section 14, U 00115'53" 1;;, 1361.77 feet 1:0 tho Elx cornor of .aid
Section 14; thance continuing along said ~ast line of Section 14,
U 00003'43" E, 1328.69 td<<!t to the northeast corner of the SE"NE~
of aaid Section 14; thonca along the north linn of s:a.ld SV;UE~
Section 14, B 89'~4'1B" H, 1J20.59 faat to t.ne northwest corner of
said S~NE~ Section 14; thence along tbe cant linG ot the .NH%NE~ of
Section 14. U 00.06'00"' U, 1332.50 fal/lt to the northeast corner of
.nid. lm%1fE?; of Saction 11, said point being a1:;0 the sou1:hcast
cornQr o~ tha WJ,(SEl.I said Section 11; thence along the. .ast line of
said n?JBE~ of section 11 n 00004'O~" X, 1471.13 tont,to IS point on
the southerly right"of-WilY lino of Uaroon Creek Road; tblilnce along
said southgrly right-of-way oJ: llaroon croek Road; thone. along said
right-ot-way S 87-58'3"" H, 53.97 feat to the northeaat corner of
a parcal of land describod in DooX 2SG at Page 889 of the pitkin
county Records, thQIlCC. along tha boundary of sald parcel the-
fallowing cleven' (ll) courses:
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(1) 9 01 D 28' 00" E, 14.00 reet; :
(2) tll~nce 67.41. fec.t a100g the arc of a curl. to tne right,
llavlng a radiu~ of I\!LOO feet, a central angle at. 85.4.9'35",. and.
GUbtanding a chord bonring S 41026'52" H, ~1.2D feet;
(3) thaneQ S 94022'00" W,' :1.1.8.50 feet;
(4) thencQ lJ6.00 feat a10nq thQ arc ot a curve to tho. left,
baving G rndius; of lao.oo feat, a central angle of 43018'56", and
Bubtend1nq a chord bearing S 62'42'3211, lJ2.8G teet;
. (5) tliQnce S 41004'00" li, B9.00 'fatlt:.;
(6) thence 247.77 feet along 'the arc of a curve to the left,
baving a rndius of 630.00 teet, a centrnl an9l~ of 22032'01~, and
t!Subtend!ng a chord bUilring S 29047'59" H, 216.18 toeti
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(7) thence, 254.18 fact al.ong tile arc of a curvQ to the
right., having u rndiun of 570.00 foat, a cunb:al angle of
25033'00", and oubtondirig n chord bearing S 31-18'29" W, 2S~.OB
fo~t;
(6) thancs, ~ 44005'00" lI, 65.02 teet;
(9) thenc~,...s 00.0,,"'00" E, 856.36 fc.et:;
(10) thence, S'J~.02'40" il, 26L9~ feat;
(1.1) .thencl1., .:l{ 7J042'.51." 11, 100.00 '!erat to th.e. southeast
corner o~ ~ parcol of land doacribed in BooX 256 at Pllga BB7 of tbo
Pitkin county Itacorcl:il, th~nc(! Ellong thn :lOUtll line of said pal:c~l
of. Innd; thence II 73ct42'51" W, 425.98 taet to the point of
131l91IU1ing, said parcel contains 215.07 acre!: 1l1ore or less.
Subjoct to nCCOBD QaDc~ontD no dcocribad in Dook 272 at paq9 7J9,
Dook 256 at Page 089, Dook JJ~ nt Page 622, and Bock J3L at Page
623.
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3
4 WATER SERVICE AGREEMENT
5 (New Development)
6
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8 This Water Service Agreement is entered into this day of
9 1997, in Aspen, Colorado, between THE CITY OF ASPEN, a Colorado municipal corporation
10 and home rule city whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereafter
11 the "City"), and JAMEs E. MOORE FAMILY PARTNERSIDP LLLP, a limited liability
12 limited partnership organized under the laws of Colorado, whose address is c/o Patrick & Stowell,
13 P.C., 205 S. Mill St., Suite 300, Aspen, Colorado 81611 (hereafter "Developer") and assigns.
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15 WIT N E SSE T H
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17 WHEREAS, the City owns and operates the City of Aspen water system in accordance
18 with the laws of the State of Colorado, and in accordance with the charter, ordinances, rules,
19 regulations, policies and resolutions of the City of Aspen, and, except as otherwise provided
20 herein, this Agreement i.s entered into in conformity with, and subject to, all such laws, charter,
-21 ordinances, rules, regulations, policies and resolutions; and
CITY OF ASPEN
J WHEREAS, Developer is the owner of certain real property comprising approximately
24 180 acres situated in Pitkin County, Colorado, as more particularly described in Exhibit ,"A" and
25 referred to in this Agreement as the "Subject Property"; and
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2 7 WHEREAS, Developer seeks to construct on the Subject Property the project described
28 on Exhibit "B" hereto (referred to herein as the "Project"); and
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3 0 WHEREAS, the Project, which contains substantial open space, a nordic trail system, a
31 ski lift and related amenities provides a substantial public benefit to the Aspen area community;
32 and
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34 WHEREAS, Developer wishes to obtain municipal water service from the City for the
35 Project on the Subject Property; and
36 I
37 WHEREAS, the Subject Property is located outside the corporate limits of the City; and
38
39 WHEREAs, final plat approval for the Project has been granted by the Board of County
40 Commissioners for Pitkin County, and a copy of said approval is recorded at Reception No. _
41 , which is incorporated herein by reference; and
WHEREAS, water service for the Project will require the construction and installation of
44 certain water mains, lines and related facilities as described in this Agreement; and
45
m'/er Sen'ice Agreement (new de"do(Jmem) 06i96 {moore rev. 041197]
1 WHEREAS, the Municipal Code of the City of Aspen, Colorado (the "Code"), requires
- -2 that the extension of water service outside the houndaries of the City shall be made only pursuant
to a written agreement with the City, that the City shall not be obligated to extend such service,
4 and may provide such service only upon a detemrination that it is in the hest interests of the City,
5 and that the City may impose such requirements by agreement as it deems uecessary to protect
6 its best interests; and
7
8 WHEREAS, the City's Water Service Extension Policy pennits water service extension
9 only upon demonstration that such extension will meet the policy goals and requirements of
10 Resolution No. 5 (Series of 1993) as amended, [codified at Section 25.12.020 of the Aspen
11 Municipal Code, as the same may be further amended from time to time] inclUding the
12 requirement that the City must recover its costs associated with providing such extraterritorial
13 service and make a profit; and
14
15 WHEREAS, the City has detennined that this Agreement allows for such recovery of costs
16 and making of profit; and
17
18 WHEREAS, the City requires a loop system or a cross-tie system (at Developer's expense)
19 such that when water main extensions are made, such extensions shall be made in a manner that
20 will allow connection with another of the City's treated water mains to create a looped system;
21 and
22
23 WHEREAS, the City has detennined that this Agreement and all covenants herein are
--t necessary to comply with the Code and the City's water policies, and the City is not hereby
representing that it is a regulated public utility, or holding itself out to the public in general as
26 capable of or intending to provide water service extraterritorially; and
27
28 WHEREAS, the Code provides for the rating of new or expanded water service based on
29 potential water demand as expressed in equivalent capacity units (hereafter "ECV"); and
30
31 WHEREAS, the City desires to encourage the use of raw water supplies for certain
3 2 irrigation so as to reduce the dependence on treated water for this purpose and to minimize the
3 3 costs of providing treated water service to the Project and the Subject Property; and
34
3 5 WHEREAS, Developer has submitted its Amended Application for Water Service
36 Extension (the "Application") and has paid all fees required in connection with the Application.
3 7 The Application, and all attachments, addenda and exhibits thereto have been relied upon by the
3 8 City in authorizing this Agreement; and
39
40 WHEREAS, the City has approved the Application, and is willing to provide water service
41 to Developer on the tenns and conditions of this Agreement;
42
43 THEREFORE, in consideration of the premises and the mutual promises and covenants
A4 contained herein, the City and Developer agree as follows:
- 2-
Wafer St'rl'ice Agret.'mml (nr1\' drl't'/opn'CIIf) 06/96 [moore rev, (N/ /97J
1 PURPOSE OF AGREEMENT
2
~ 1. Water Service to Project and ~ubject Property. The City hereby agrees with Developer
5 that the prerequisites to this Agreement (as set forth in Resolution No. 60, Series of 1995) have
6 been met, waived or amended and that the City will provide treated water service to the Project
7 and the Subject Property under the tenns of this Agreement in such quantities and to the extent
8 herein provided so as to serve the uses authorized by Pitkin County under the approvals granted
9 to Developer. Pursuant to this Agreement, the City shall provide treated water service adequate
10 to meet the demands of the uses for the Project and the Subject Property approved by Pitkin
11 County per the fInal plat recorded in Pitkin County records at Reception No. _' The Subject
12 Property is estimated to require approximately 323 ECUs, and the assumed maximum volume of
13 treated water the City shall be required to provide to the Project and the Subject Property pursuant
14 to this Agreement shall not exceed 126 acre-feet per year. Only those structures and uses
15 approved for the Project and the Subject Property may be served under this Agreement. Raw
16 water for irrigation of Common areas and recreational fIelds will be provided to the Subject
17 Property pursuant to a Raw Water Agreement to be executed by the parties contemporaneously
18 with this Agreement.
19
20 This Agreement and the Raw Water Agreement executed contemporaneously herewith
21 supersede and replace only those tenns and conditions regarding provision. by the City of raw or
22 treated water service to the Subject Property contained in that certain Easement Agreement dated
23 July 3, 1990, recorded September 11, 1990, in the records of Pitkin County, Colorado, at Book
.~ 629, Page 188 (Reception No. 326090).
~6 2. Limitation of Time to Provide Service. The City's obligation to provide water
27 service to the Project and the Subject Property pursuant to this Agreement shall tertninate if
2 8 Developer has not commenced the fIrst phase of construction as shown on Exhibit C(b) by
29 December 31,2004. The City's obligation to provide water service to the unbuilt phases of the
30 project shall tenninate if construction of the final phase as shown on Exhibit C(b) has not been
31 substantially completed by December 31, 2010, unless completion of construction is delayed by
32 force majeure as defmed in paragraph 31 below, in which case the deadline shall be extended by
33 the same number of days as the force majeure delay that prevented completion of construction.
34 These deadlines sha11 also be extended with the mutual consent of the parties, which shall not be
3 5 unreasonably withheld to serve those uses approved by Pitkin County which have become vested
36 as of the date of the deadline sought to be extended.
37
38 CONSTRUCTION BY DEVELOPER:
39
40 3. Water Related Main:;. LineS and Facilities. Developer will design and construct
41 the water transmission and distribution mains, associated facilities and internal distribution lines
42 for the Project in aCcordance with and subject to the City's design, materials and construction
43 specifIcations and approval, at Developer's own expense; provided, however, that to the extent
.y the City desires any mains, lines or facilities with capacities larger than necessary to meet the
needs of the Project, the City will be responsible for the incremental cost of such enlarged or
- 3 -
Willa Sen'icl' Agrl'l'fl/t'/11 (III'1\' dr"f'f"!J/!lrll/) 06/96 {movre Trl'. o-f 11971
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.-4...4
additional mains or facilities. The line sizes described in Exhibit C(a) are, for purposes of this
paragraph, presumed to be the sizes necessary to serve the Project. "Incremental costs" shall be
defined as the difference between the total cost of a particular facility designed and constructed
solely to meet the needs of the Project and the total cost of such facility as enlarged at the City's
request. All water lines and sewer line locations shall comply with all state, federal and local laws
and regulations.
4. Preconstruction Exhibits. The following exhibits concerning the Project have been
prepared by Developer and have been reviewed and relied upon by the City in entering into this
Agreement and shall not be substantially modified except by Agreement between the parties:
Exhibit C:
a. Reduced copies of the final plans for the water mains, interconnecting
mains (loop system), and lines and facilities to be constructed pursuant to
this Agreement, as approved by the City, and shown on that certain design
drawing entitled Moore Family PUD Detailed Submission - Overall Water
and Sewer Plan, dated 04/96, and prepared by Schmueser Gordon Meyer
Inc.
b. Phasing plan for the Project water mains, lines and associated
facilities to be constructed pursuant to this Agreement as approved
by the Developer and the City.
Exhibit D:
Operational impact statement containing information necessary to permit" the City
to determine the operational impact of Developer's proposed extension on the
City I S existing facilities and water supply. The information provided adequately
includes, to the extent required by the Water Department, requested approximate
water flow rates, impact on water quality, incremental costs for capital items,
incremental expense items (such as electric power and treatment chemicals) and
electrical consumption. Said information also includes estimated man hours for
operation and maintenance of the proposed facilities.
Exhibit E:
a. Estimated gross water requirement (gpd) and water- flow requirements for
the Project for in-building use at full development (including water require-
ments for any existing uses that will be continued upon completion of the
Project), and estimated treated water 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.
-4-
Walt'r Sen'ice Agreement (new de,'elopmrnr) 06/96 [moore rei', 041197]
1
2
c.
Description of general location of easements to be conveyed to the City.
4 5. Final Plans. The City must approve the fmal plans and specifications for the water
5 mains, lines and facilities to serve the Subject Property, and confirm that the final plans
6 substantially conform to the system configuration shown on Exhibit C(a). No substantial changes
7 shall be made to the approved fmal plans and specifications without the prior written approval of
8 the Developer and City. Developer's registered professional project engineer shall inspect and
9 certify the design and inStallation of all water system mains, lines and facilities to be constructed
10 pursuant to this Agreement.
11
12 THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS WATER SERVICE
13 AGREEMENT IS ENTERED INTO WITH THE UNDERSTANDING AND BELIEF THAT
14 THE CITY WILL ALSO ENTER INTO A WATER SERVICE' AGREEMENT TO
15 PROVIDE MUNICIPAL WATER SERVICE TO THE ASPEN HIGHLANDS BASE AREA
16 DEVELOPMENT PROJECT, AND THAT CERTAIN FACILITIES CAN THEREFORE BE
17 SHARED BY THE MOORE PROJECT AND THE ASPEN HIGHLANDS BASE AREA
18 DEVELOPMENT PROJECT. THE DESIGN DRAWINGS AND COST ESTIMATES
19 APPROVED BY THE CITY FOR THE MOORE PROJECT CONTEMPLATE SUCH
20 SHARED FACILITIES. IF THE CITY DOES NOT ENTER INTO A WATER SERVICE
21 AGREEMENT TO PROVIDE WATER SERVICE TO THE ASPEN HIGHLANDS BASE
22 AREA DEVELOPMENT, THE APPROVED DESIGN DRAWINGS AND COST
23 ESTIMATES FOR THE MOORE PROJECT AND THIS AGREEMENT WILL REQUIRE
..-"'-1 AMENDMENT TO ASSURE THAT THERE IS NO CONNECTION BETWEEN THE
WATER SUPPLIED TO THE ASPEN IDGHLANDS BASE AREA DEVELOPMENT AND
46 THE MUNICIPAL WATER SUPPLIED TO THE MOORE PROJECT PURSUANT TO
27 THIS AGREEMENT, AND TO ASSURE THAT THERE WILL BE NO ADVERSE
28 IMPACT TO EXISTING CITY WATER CUSTOMERS AS A RESULT OF SUCH
29 CHANGES, WHICH IMPACTS INCLUDE, BUT ARE NOT LIMITED TO, ADEQUACY
30 OF FIRE PROTECTION, AVAILABILITY OF LOOPED WATER SYSTEMS, AND
31 INCREASED CAPITAL OR OPERATIONAL COSTS TO EXISTING CUSTOMERS.
32 MOORE UNDERSTANDS THAT THIS l\-IA Y RESULT IN RELOCATIONS AS WELL AS
33 INCREASED COSTS OF DESIGN AND CONSTRUCTION OF THE MAINS, LINES,
34 TANK, PUMP STATIONS AND ASSOCIATED FACILITIES REQUIRED TO SERVE THE
35 MOORE PROJECT, AND MAY REQUIRE DUPLICATION OF CERTAIN FACILITIES
36 SUCH AS TANKS AND PUMP STATIONS THAT COULD HAVE BEEN SHARED WITH
37 THE ASPEN HIGHLANDS BASE AREA DEVELOPMENT PROJECT HAD THE CITY
38 CONTRACTED TO PROVIDE MUNICIPAL WATER SERVIC,E TO THE ASPEN
39 HIGHLANDS BASE AREA DEVELOPMENT PROJECT. '
40
41 6. Bond Requirements. Prior to commencement of construction, and unless otherwise
42 agreed to as provided below, Developer shall obtain a completion bond, naming the City as a third
43 party beneficiary thereof, in the amount of one hundred percent (100%) of the water system
M construction costs (including those costs for lines or facilities to be constructed by the City, and
those incremental costs, if any, to be borne by the City for enlarged or additional facilities
- 5 -
lI'irr:',- S('nk,. A,~rl'l'mcnl (11,.11' d"""!t'I"'W':!) 0/5/,,!() {monre reI', on 1?7/
1 although the portion of the bonding attributable to the City shall be the City's responsibility).
.~-2 Bonding may be provided on a phased basis to conform with the phases for which construction
of the water facilities are scheduled to occur. For any phase of construction, as set forth in
-% Exhibit C(b), the bond amounts, by phase, shall be increased by the amount required to meet the
5 cost of any accepted bid. Such bonds shall ensure completion of and payment for each phase of
6 construction; the form of the bond shall be mutually acceptable to Pitkin County , the City and
7 Developer. The City shall be held harmless for payment to the contractor or any subcontractors,
8 materialmen, or others involved in the construction of the water transmission and distribution
9 mains, interconnecting mains (loop system), lines, tank, pump stations, and associated facilities,
10 or for the provision of materials therefor. Developer shall also assign and the City shall accept
11 all warranties from materialmen and suppliers which warrant the water system improvements
12 constructed by Developer free and clear of defects for a period of two years from the date of
13 installation. In addition, Developer shall obtain and assign to the City maintenance or warranty
14 bonds ensuring the proper operation of facilities constructed by Developer's contractors for a
15 period of two (2) years from the date of completion of any phase. The parties acknowledge that
16 the foregoing obligations shall. be provided, to the extent that they are not duplicative of the
1 7 security required under the Subdivision Improvements Agreement approved by Pitkin County. In
18 this regard, to the extent the City's bonding requirements are, in the opinion of the City Attorney,
19 satisfied by the Developer's security arrangement with Pitkin County, the Developer shall not be
20 obligated to comply with the ,completion bond procedure discussed above.
21
22 7. Conveyance of Water Rights and Structures. Developer (or the appropriate owners)
23 shall, upon execution of this Agreement, convey to the City by quit claim deed acceptable t9 the
.-24 City Attorney its interest in the following water rights:
.Gb 3.125 cfs decreed to the Stein-Arlian-Marolt Ditch
27 .2 cfs decreed to the Nestell Ditch
28
29 The Stein-ArHan-Marolt Ditch was decreed with Priority No. 495 for 21 cfs for irrigation
30 and domestic purposes, in CA 4033 on October 24, 1952, with a priority date of June 23, 1947.
31 The 3.125 cfs conveyed to the City pursuant to this Agreement is a portion of Priority No. 495.
32 The Stein-Arlian-Marolt Ditch also has a decree for Priority No. 667 for 4.0 cfs for irrigation
33 purposes. Priority No. 667 was decreed in CA 4613 on June 20, 1958, and has a priority date
34 of June 1, 1948.
35
36 The Nestell Ditch was decreed with Priority No. 208A for 3.4 cfs for irrigation purposes
37 in CA 515 on April 8, 1893, with a priority date of July 10, 1889. In CA 3723, Priority No.
38 208A for 3.4 efs was consolidated with the Maroon Ditch for 65 cfs, for a total decreed amount
39 of 68.4 cfs for domestic and power purposes. "
40
41 The -City and Developer agree the interest in said water rights to be conveyed to the City
42 pursuant to this Agreement is sufficient in quantity and quality to provide the water required for
43 the Project on the Subject Property. Because the parties acknowledge that there are unresolved
.4.4 issues concerning the title to certain water rights in which Developer has or may have an interest,
Developer and Tom Moore will also convey to the City by quitclaim deed all of their respective
- 6 -
Wlllrr S,.n'ic-r Agrr(,l/Ielll (TII''1I'drrt'i(ll'lIIrnt) 06/96 [moor(' r~. 041197]
1 right, title and interest in the Stein-Arlian-Marolt Ditch, the Nestell Ditch, the Pearson Spring
Ditch and the Maroon Ditch. Developer is not aware of any other persons claiming an interest
in the 3.125 cfs decreed to the Stein-Arlian-Marolt Ditch and 0.2 cfs decreed to the Nestell Ditch
4 described in this paragraph 7. However, if it is discovered that another party is claiming such
5 an interest, Developer shall use its best efforts to try to obtain a quit claim deed to the City from
6 each person( s).
7
8 Developer wil~ also contemporaneously provide to the City all information in its
9 possession, or available to it, regarding the historic use of said water rights, including well
10 pumping records, diversion records, irrigation records, aerial photographs, affidavits, and all
11 other available information concerning the use of said water rights, and shall cooperate fully with
12 the City, however, without any financial obligation, in all water courtproceedings brought to
13 change or defend said water rights. The City will utilize all reasonable efforts to apply the subject
14 water right to beneficial use. In the event of a termination of this Agreement, all water rights,
15 conveyed to the City shall be reconveyed, in the condition received, at no cost, to Developer by
16 quit claim deed, unimpaired and undiminished, except as otherwise determined in water court
1 7 proceedings.
18
19 8. Construction by Developer. Upon completion of the prerequisites described in
20 paragraphs 3 through 7 above, Developer shall proceed with due diligence to construct the water
21 transmission and distribution mains, lines, tank, pump station and associated facilities in
22 accordance with the plans and specifications and the construction phasing. No construction shall
23 occur between November 1 and April 1 without written permission of the City's Water
Department which shall not be unreasonably withheld.
26 9. Construction by the City. The City shall complete, at its own expe?se, the
27 Meadowwood 12" interconnect main. However, the modifications to the Meadowwood pump
28 station necessary to serve the Project shall not be paid for by the City unless Developer provides
29 the City with copies of plans or specifications or bid proposals showing to the satisfaction of the
30 City that the pecessary pump upgrades were part of the 1990 capital improvements project. If
31 Developer cannot provide such evidence at least 60 days prior to the commencement of
32 construction of phase 2, the parties understand that the costs of necessary improvements to the M-
33 eadowwood pump station will be borne jointly by Developer and the developers of the Aspen
34 Highlands Base Area Development, and that such costs will be allocated between said parties in
35 proportion to their respective anticipated demands on the pump station. Provided, however, the
3 6 City will consider an appropriate tap fee credit for the proportional benefit that such improvements
37 create for new uses not within the Moore Development and/or Aspen Highlands Base Area
38 Development.
39
40 In the event the City elects, within sixty days prior to Developer's commencement of
41 construction hereunder, to replace the existing 8" cast iron water line owned by the Aspen School
4 2 District, the City shall so advise Developer. Developer shall add the cost of replacing said line
43 to its overall bid for the Project's water and sewer system infrastructure, and will construct this
line as part of its construction of such infrastructure. The City shall reimburse Developer two-
thirds of the cost of replacing said line. Developer shall provide the City with an itemized
- 7 -
Water Senice Agreement (new develupment) 06196 [maore reI'. 041197]
1 statement for such replacement, and the City shall remit its share to Developer within sixty (60)
- -? days of the date of the statement.
'* The City has determined that it is in its best interests to construct a raw water system from
5 the Thomas Reservoir to provide raw water service to Developer and others. The system will
6 be constructed at no cost to Developer; however, Developer will obtain a separate bid proposal
7 from its contractor for the cost of constructing the raw water system and permit the City to
8 contract directly with its contractor and to construct this system as part of Developer's
9 construction of the Project infrastructure to the extent the raw water system construction coincides
10 with Developer's phased construction schedule. Developer agrees to provide the easements
11 necessary to permit the City to place the raw water lines in trenches shared with portions of the
12 infrastructure to be constructed by Developer pursuant to this Agreement. The City will pay the
13 costs of the raw water system construction and installation, as well as one-half of the costs of such
14 common trenches (excluding piping costs) up to a maximum of $30.00 per lineal foot of common
15 trench. The parties agree that certain segments of existing potable water lines may be converted
16 to raw water lines in connection with construction of the raw water system, and that cost savings
17 are expected to result from such reuse of lines. Developer's contractor will provide cost estimates
18 for the raw water system with and without reuse of such lines, and cost savings resulting from the
19 reuse of certain lines will be shared equally between Developer and the City.
20
21 10. Fees. Developer shall timely pay all fees imposed by the City in connection with
22 reviewing and approving this Agreement (excluding legal fees), the design drawings and
~3 construction plans, as well as construction inspection fees. Developer shall also be responsible
4. for timely acquiring and paying for all permits and permit fees from entities other than the City
(such as Pitkin County and/or other regulatory agencies) necessary for construction of the mains,
~ 6 lines and associated facilities. Developer shall not be responsible for any review or inspection
27 fees associated with construction of the raw water system.
28
2 9 11. Inspection of Construction. Construction must be inspected by the City I S engineers
30 or other designated personnel prior to burial or fmal installation. Developer's contractor shall
31 give the City reasonable advance notice when the mains, lines and/or associated facilities are
32 ready for burial or installation, and the City's engineer or agent shall inspect said mains, lines
33 and/or associated facilities within two working days of such notice. As provided in paragraph 10
34 above, Developer shall be responsible for the City's construction inspection fees in accordance
35 with the City's published inspection fees and rates, if such inspections are conducted by City
36 employees, and the actual cost of outside fIrms if such inspections are conducted by outside fIrms.
37 The City agrees to use reasonable business judgment to minimize the cost to Developer of such
38 inspections; the City shall not make a profit on such outside inspections.
39
40 12. Easements. Developer shall obtain at its own cost and convey in perpetuity to the
41 City surveyed, non-exclusive easements for water mains, lines, tanks, pump stations and other
42 water facilities as shown on the record drawings, along with all necessary access easements for
43 maintenance and repair purposes, as well as easements for any portion of the raw water system
A.4 described in paragraph 9 above which crosses property owned or controlled by Developer
("easements"). Said conveyance shall occur in accordance with paragraph 13 below. Developer
- 8 -
1I:7rer Sen'ice Agreement (/leI\' derelopmellf) 06/96 [moore rev. 041197/
1 specifically acknowledges that this requirement includes acquisition of an easement for a tank
? site located on property outside the Subject Property, on land not owned or controlled by
Developer. Unless otherwise approved in the plans and specifications (see '5) or permitted by
-,j: the Codes adopted by the City, all water main and water line easements (whether raw or treated
5 water lines or mains) must be large enough to provide the City with at least ten (10) feet on either
6 side of water mains and lines and must specify that (1) sewer lines must be located at least ten (10)
7 feet from any water main or line, and (2) other utilities must be located at least five (5) feet away
8 from any water main or line. Access easements and easements for tanks, pump stations and other
9 facilities shall be of a size determined by the City to be reasonably necessary for the operation,
10 maintenance and repair of the tank, pump station or other facility to be located on such easement.
11 Each party shall be solely responsible for any injury or damages, including costs and attorneys'
12 fees, to persons or property arising from its own negligent acts or omissions occurring on or
13 resulting from its use or occupation of any easement premises. The City will promptly re-
14 contour, re-seed or re-sod any portion of the easement it disturbs in furtherance of its maintenance
15 or repair activities. The City shall not be required to restore trees or other landscaping unless it
16 has agreed, in writing, to the placement of such trees or landscaping within its easement and has
17 also agreed in writing to replace such trees or landscaping. Nothing contained herein, however,
18 shall constitute or result in any waiver or diminishment of any defense or limitation available to
19 the City under the Colorado Governmental Immunity Act or other applicable law.
20
21 13. Testing - Conveyance: As-Built Drawings. Upon completion of each phase of
22 construction and before any water is delivered to that phase pursuant to this Agreement, all
23 distribution and transmission mains and all associated water lines and facilities for that phase shall
.ft--.ol be tested and, upon approval by the City, conveyed (excluding individual service lines) with all
necessary non-exclusive easements to the City, free and clear of all liens and encumbrances, by
:G 6 bill of sale, assignment or deed in form acceptable to the City Attorney. Any and all warranties,
27 bonds or other security provided by Developer's contractors pursuant to paragraph 6 above shall
28 be adjusted to reflect the fmal actual. construction costs. Record drawings of the Project, including
29 the water system and all other utilities, shall be provided to the City on reproducible sepias with
3 0 a maximum size of 24" x 36", and on an "auto cad disk data transfer file" tied into one (1) set of
31 state plane coordinates.
32
33 WATER SERVICE
34
35 14. Treated Water Service. Upon completion of construction and acceptance of each
36 phase of the water distribution and transmission mains and lines, the associated facilities and
37 easements by the City, the City will provide treated water service to the Subject Property to no
38 more than the total number of ECUs provided for by the approved fmal d~sign drawings, for that
39 phase. Any change in the treated water service requirements for the Subject Property will require
40 approval by the City, and amendment of this Agreement.
41
42 The treated water to be delivered by the City pursuant to the terms of this Agreement may
43 be used for the Project uses approved by Pitkin County and all lawful in-building municipal and
A..tI. decreed purposes, and for fire protection, swimming pools and the normal and reasonable outside
irrigation of trees, lawns and gardens. Maximum outdoor irrigation using treated water shall not
- 9 -
W,,~, Srn'icr Ar.rl'rm"nl (II~" d"""h""',"1II/ (If/9/' {/IIn"r!' 1'1'1', (l-fJ J'I7]
1 exceed 5,000 square feet for each of the residential units and for the commercial unit. Developer
shall record covenants containing this restriction. Notwithstanding the foregoing, all water use
will be consistent with the City's Water Policy Resolution (Resolution No.5, Series of 1993), as
4 amended), and water conservation ordinances.
5
6 15. Raw Water Service. The City shall provide raw water for common area irrigation
7 purposes on the Subject Property pursuant to the Raw Water Agreement executed contemporane-
8 ously with this Agreement. All common open spaces and recreational areas within the Subject
9 Property shall be irrigated with raw water as provided in the Raw Water Agreement. Such
10 common open spaces and recreational areas shall not be irrigated with treated water under this
11 Agreement.
12
13 16. Tap Fees and Other Service Connection Fees - Computation and Payment:
14 Schedulin~ of Taps. All tap fees for treated water service herein provided shall be assessed
15 utilizing the City's prevailing applicable tap fee at the time of application fora building permit
16 for the structure for which service is sought. No water service shall be provided to any structure
1 7 absent payment of the appropriate utility investment charge, and a pro-rated charge for well
18 system improvements, and the City's hook-up charge according to the City's published fee
19 schedule. Tap fees, and well system improvement charges and standard hook-up charges shall
20 be paid at the time of building permit issuance. The City Water Department shall determine
21 scheduling of all physical taps or connections to the main lines, provided, however that Developer
22 may, at its election, execute a Pretapping Agreement with the City that will permit taps to be
:;, .:> made in accordance with the Pretapping Agreement. The subject property will be included in a
new billing area to be established by the City for the Project and the Aspen Highlands Base Area
Development and service charges will be assessed accordingly.
26
27 17. Service Lines. Each service line shall be metered in accordance with the Code at the
2 8 sole expense of the water user requesting the connection and cross-connection and backflow
29 prevention devices will be installed at the expense of the water user requesting the connection.
30
31 18. Limitations on Provision of Water Service. This Agreement is only for the supply
32 of treated water service as herein described and no material modification of uses, connections, or
33 water service beyond those set forth herein and in the Addenda and Exhibits hereto is in any way
34 authorized by this Agreement. The City is not by this A~reement prejudging, certifying or
35 guaranteeing its ability to provide treated water service to any use or structure except as provided
36 herein, nor may this Agreement be used as evidence of approval of any land use requests, or as
37 evidence of approval of water service for any land use request, except as provided herein and
38 subject to the understanding that the Subject Property and development ha"ve been found to be in
3 9 compliance with the Aspen Area Community Plan of 1993 and all prevailing City policies.
40
41 19. Service Subiect to the City Charter. Codes. Rules. Re~lations and Policies. All
42 water service provided hereunder shall be subject to, all applicable provisions of the Charter of
43 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. Provided, however, the
parties hereto agree that this Agreement shall preclude any legislative, zoning, or land use action
- 10 -
W/I/a S~n'ict' .1.f!rt'mlt'1f/ (nt',.. d"'l'lo/m,mtl fl6l96 {moor,. r,.". MIIQ71
1 by the City or pursuant to an initiated measure which would alter, impair, prevent, or diminish
C'. the rights of Developer under this Agreement or otherwise delay the development or use of the
subject property as set forth in the detailed submission and final plat approval granted by the
'* Board of County Commissioners for Pitkin County by Resolution No. as recorded at
5 Reception No. with the Pitkin County Recorder's Office, except (a) with the
6 consent of developer, or (b) upon the discovery of natural or manmade hazards on the subject
7 property, which hazards could not reasonably have been discovered at the time of the County
8 approval, and which hazards, if not corrected within a reasonable time frame, would pose a
9 serious threat to the public health, safety and welfare. In addition, provided that such does not
10 conflict with the terms, benefits and obligations of the parties set forth in this Agreement, this
11 Agreement shall not preclude the application of ordinances or regulations which are general in
12 nature and are applicable to all property similarly situated for building permit issues, including
13 but not limited to, water service, building, fire, plumbing, electrical, water service, and
14 mechanical codes, unless an exemption therefrom is granted in writing.
15
16 Water rates for customers located within the Subject Property and receiving water service
17 pursuant to this Agreement will be set in the manner provided in the Code, as now in force or
18 hereafter amended. Developer and City understand that only the Highlands Base Area Property
19 and the Aspen Highlands Ski Area and the Subject Property, will be located in the new billing
20 area, and the rates for the new billing area will be no more expensive than those of Billing Area
21 No.5; provided, however that pumping charges will not be included in comparing the rates and
22 charges of the new billing area with Billing Area No. 5 for purposes of this sentence. The parties
"1 agree that Section 25.08.080 of the current Code sets forth the factors to be included in the water
rates charged to City customers, and that these factors will be used.to establish rates to customers
within the Subject Property unless and until the Code is amended to provide a different method
26 for determining rates consistent with this Agreement.
27
28 20. Rules Rellardin~ Water Use. This Agreement and the Addenda and Exhibits hereto
29 shall be recorded as covenants running with the land and shall be as fully enforceable on the
30 Subject Property as if the same were situated inside the City.
31
32 21. Source of Water Supply. The parties to this Agreement recognize that the City's
33 water supply is dependent upon sources from which the supply is variable in quantity and
34 quality and beyond the City's reasonable control; therefore, no liability shall attach to the City
35 under this Agreement on account of any failure to accurately anticipate availability of water supply
36 or because of an actual failure of water supply due to inadequate runoff, poor quality, or other
37 occurrence beyond the City's reasonable control.
38
39 22. No Guaranty of Water Ouality. Quantity or Pressure. The City makes no promise
40 or guarantee of pressure, quantity or quality of water supply for any purpose, including fire
41 suppression, except as specifically provided herein or as is required by applicable federal, state
42 and local laws and regulations. The City agrees to treat its water to meet all mandatory local,
43 state and federal potable water standards and to exercise reasonable care and foresight in
- 11 -
ri;t,'r St1t'icr A0o,.rO"('"f ('1"1l' dn'c.', 'l',,,,.mj (M/~() Iml'(1fi~ rel', 011197}
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furnishing water hereunder reasonably comparable in quantity, pressure and quality to that
furnished inside the City.
..
23. 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, Developer shall have no
obligation to create any particular volume of return flow from the water furnished under this
Agreement.
VIOLATIONS
24. Enforcement by the City. In addition to other rights the City may have at law or
equity, the parties to this Agreement recognize and agree that the City has the right to enforce its
rules, policies, regulations and ordinances for the use and delivery of the treated water hereunder
and the terms of this Agreement by the disconnection of the supply of water to the offending
party or connection. Additionally, in the event that Developer 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, Developer 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 24, but consistent with
paragraph 27, if an individual owner or lessee within the Subject Property (other than Developer)
commits a violation, only that individual owner's or lessee's water service may be disconnected,
and the City's enforcement actions will be directed toward that violator, and not toward those who
are not violating this Agreement. Reciprocally, in the event the City breaches all, or any portion
of its respective obligations under this Agreement, Developer, or its successors and assigns shall
have all remedies available to them, at law or in equity. Without limiting the foregoing right and
remedies, the City agrees that Developer, or its successors and assigns, may also enforce their
rights by injunction, that the City agrees that the damages from such breach are irreparable, and
that there is no adequate remedy at law for such breach(es).
TERMINATION
25. 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.
26. 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
- 12 -
n;i!er Sen'ice Agrccmelll (nrll'del'e!ol'",r:;t) 06/96 [m,.",/, rCI'. 04//97]
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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 shall not be impaired, modified or altered by any amendment to the Code unless such
amendment (or impairment) is mandated by State or Federal law.
GENERAL PROVISIONS
27. Annexation. Upon the request of the City, and at its sole discretion, Developer,
and/or its successors in interest, shall petition the City for annexation of the Subject Property,
provided such annexation is for the entire Subject Property, to the City of Aspen at such time(s)
as determined by the City (hereinafter "Property to be Annexed"). Contiguity may be established
by the annexation of one or more parcels within the Property to be Annexed, in a series
contemplated in CRS, 31-12-104(I)(a). Such annexation shall not divest or diminish any land use
approvals, grants of exemption, variances, designs, or any other development rights awarded by
Pitkin County for the Project or the Subject Property, to the extent such approvals and rights are
legally vested on behalf of Developer and/or its successors in interest prior to annexation to the
City. Failure of Developer and/or its successors in interest to commence annexation proceedings
as herein required shall constitute a material breach of this Agreement authorizing the City to
commence such annexation on their behalf, in which event the City shall charge, and Developer
and/or its successors in interest shall pay, all costs and fees associated with such annexation.
Neither any provision of this Agreement or annexation shall require owners of the Property to be
Annexed to comply with: A) Any building, engineering or design standard or Code, or
interpretation thereof, which differs from the standards of Codes under which the Project was
approved by Pitkin County; and B) the provisions of Ordinance 30, Series of 1995, or any similar
ordinance. The requirement to annex set forth herein shall not impair, alter or modify
Developer's intent and rights to form and operate one or more Colorado Special Districts for the
Subject Property; the City consents to the existence of such Special Districts. In the event
annexation would result in any approval, design criteria or zoning classification which would
render the project of a non-conforming nature in the City, the City shall adopt appropriate zoning,
design criteria or other regulations, for the Property to be Annexed which results in the Project
conforming. In the event of any inconsistency between the P. U.D. approvals granted by Pitkin
County for the Property to be Annexed and the legislative requirements or policies of the City,
the P. U.D. approvals shall control.
28. 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.
Developer 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.
- 13 -
Water Service Agreement (nl'lv del'e/of'lI/cnt) 06/96 [II/oure rev. O1IJ97]
1 29. No Waiver. Failure of a party hereto to exercise any right hereunder shall not be
2 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 right it may have hereunder.
5 30. Notices. All notices required to be given shall be deemed given upon deposit in the
6 United States mail, first class postage prepaid, properly addressed to the person or entity to whom
7 directed at his or its address shown herein, or at such other address as shall be given by notice
8 pursuant to this paragraph. Copies of such notices shall also be sent in the same manner to the
9 City Attorney, City of Aspen, 130 South Galena Street,. Aspen, Colorado 81611, for the City and
10 Patrick & Stowell, P.C., 205 S. Mill St., Suite 300, Aspen, CO 81611 for Developer.
11
12 31. Force Majeure. No party shall be held liable for a failure to perform hereunder due
13 to wars, strikes, acts of God, natural disasters, or other similar occurrences outside of the
14 reasonable control of that party.
15
16 32. Severability. If any provision of this Agreement shall be or become invalid or
1 7 unenforceable, the remainder of the provisions shall not be affected thereby, and each and every
18 provision shall be enforceable to the fullest extent permitted by law.
19
20 33. Amendment. Neither this Agreement, nor the obligations of either party hereto, nor
21 the right to receive water service hereunder, may be amended without the written consent of the
22 parties hereto, provided, however that subsequent owners of the Subject Property and residential
23 units and the commercial unit on the Subject Property are'subject to this Agreement and shall be
74 entitled to receive water service pursuant to this Agreement without amendment of this Agreement
and shall be considered beneficiaries.
~..,
27 34. Binding Agreement - Recording. This Agreement is binding upon the parties hereto,
28 their successors and assigns, and any sale of the Project, the Subject Property, or any portion of
29 either shall be subject to this Agreement as provided herein. This Agreement and the Addenda
30 and Exhibits hereto shall be recorded with the Pitkin County Clerk and Recorder, and shall
31 impose covenants running with the land upon all of the Subject Property.
32
33 35. Governing Law: Venue: Attorneys' Fees. This Agreement and the rights and
34 obligations of the parties hereunder shall be governed by and construed in accordance with the
35 laws of the State of Colorado . Venue for all actions arising under this Agreement shall be Pitkin
3 6 County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict
37 regarding the terms of this Agreement or the rights and obligations of the parties hereto, the
38 prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including
39 expert witness fees and reasonable attorneys I fees. /
40
41 36. Authorization of Signatures. The parties acknowledge and represent to each other
42 that all procedures necessary to validly contract and execute this Agreement have been performed
43 and that the persons signing for each party have been duly authorized to do so.
1~
- 14 -
1",:."r ,~,'r;';Ct' ,1:;r('('mrlll (,r". tlf'l'ch'!,:nrnl) 06/96 [1IIf'ore reI', O-fJ 197]
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37. Counteq>arts. This Agreement may be signed using counterpart signature pages, with
the same force and effect as if all parties signed on the same signature page.
2
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first
above written.
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
Aspen City Attorney
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
THE CITY OF ASPEN, COLORADO
A Municipal Corporation and Home Rule City
By
Mayor
JAMES E. MOORE FAMILY
PARTNERSHIP LLLP
By
Title
SUBSCRIBED AND SWORN to before me this day of , 199 ,by
- -
, authorized agent of the James E. Moore Family
Partnership LLLP
WITNESS my hand and official seal.
[SEAL]
My commission expires:
Notary Public
MOREWSA.65
Warrr Sr.....ice Agrrrl1lt'nl (nI"l\' dn'rlnpmen!) 0.1/96 {lIInore rr..., 041197]
- 15 -
Mar-03-97 12:37P
'P.02
E x Iii hit ^
A parcel of land situated in tlle \9ls.5VI of section 11 and the
!m~NE~, S~HE~, ~~SE~ of section ~4, Tounship 10 soUtll, Range 95
'fest of the 6th P.lI., aaid parcel. being more pa.rticularly described
as follows:
Bgginning at a poin.t on the north-south centerline of Bllid section
14, whence thQ 11~.:corller of sa1d Section 14 beartJ N 00015'39" lof,
1.40.19 fcult, with ..a.ll benrings bning relative to a. bcaaring of.5
9905"48" E betweon said N~ corner and the u~ corner of SCll.d
s~ction 14; thence along said north-90uth centerline; thence S
00-15'39" E 62.31 feat to a point on the north line of a parcel of
land described in Book 3Jl at Page. 623 of the pitkin county,
records; thence 410ng the boundary ot said p~rcel th~ followinq six
(6) courses:
(1) S 13059'0~n E, 210.00 fQat;
(2) thenc~ S 33.15'39" E, 115.00 feet;
(3) tnence 5 19005'39" E, l~O.OO ~eet;
(4) thencQ S 3S-S5'J9" E, 120.00 fneti
(5) thenca 5 19030'39" E, 150.9J feet;
(6) t:hencQ J( 73059'09" W, 4.47.05 feat to a point on said
n~rth-soutb centerline of s~ction J.4, thence along said north-150uth
canterline 5 00015' 39" E, 2040.97 taet to the aoutlUolQst. corner ot
the gH%NE~ of 5aid Seotion 1~; thQnc~ S 00015'39" E, 1336.71 teet
to the SQuthWllst corner' of tho n\ S~; -t1l1mc~ along the !South line
of said N~SE~ of section 14, S 89007'5311 E. 26~1.79 faBt to tho.
east line. of aaid Sf.l.ction 1.41 thance lllonr;r liJaid east lin. of
section 14, If 00015' 53 Ii ~, 1361.11 feCl!t 1:0 thn E~ cornar of .aid
section ].4; thanC!! continuing along sa.id <Bast line of Section 14:,
11 00003'43" E, 1328.69 teet to th.e northeast corner of the SE~NE'l
of aOlid soction 14; thance. along thlD north lino of r.;a.id gv.nE~
s.ection 14, S B9.~4'lB" W, 1320.59 faat to tne,narthwest corner of
said S~NE~ section 14; thence along the ~aBt line ot the,NW~KE~ of
Section 14, N OO.OG'08~ li, ~332.50 f0~t to the northeast corner of
.aid lm~nE~ of. Saction 11, said. point being alsao the sOU1:heast
cornQr of the H\6E3:l said Section 11; 't)lenca al0l19 the. _list line of
said. H~aE~ of section 11 U 00.04'0J." X, 1471.13 teet. to IS point on
the southerly right-of-WilY lino of Uaroon Creek Road; tbanca along
said so~th"rly' right-of-way ot l1aroon creelt Road; th$nce along said
right-ot-way S 87.58'3~1I W, 53.97 feat to the northaa6t corner of
a parcal of land described in DooX JS6 at Fag~ 8S9 of the pit~in
County R~cordS, thO(lcc.. alonlJ tha boundary of said parcel the.
followinq eleven' (11) courses:
(1) 9 01D2B'00" E, 14.00 feet; ,
(2) th~nce 67.41. teet ~lonCJ the area! a. cUrVll to t1l. right,
having- a radiuQ. of 1\5.00 feet, a central angle af. BSa49'3S", and
6ubtcndiT\9 a chord bCl1rinq S 41026'52" H, 61.28 fe&:t;
(3) thancQ S 94022.'00" W.' 118.S0 feet;
(4) thenca lJG.08 feat along tha arc of a curve to the left,
having a radiu~ of lBO.OO feat, a central. nnt]le of 1\3G1B'5611, and
sUbtend1nq a chord b&\arinq S 62.0\2.'3211, 132.8G feet;
. (5) thance S 41.004/00" W, B8.00 feet;
(6) thence 247.71 fce~ along .the are of a curve to the left,
having n rndiuG of 630.00 teet, a centrnl angle ot 22032'01", and
subtending a chord. boaring S 29047'59" ~l, 2.46.18 feet;
'lar-03-9'7
12:37P
1"".03
-- - ---
(11 tbence, 25..18 Cant along tlta axc of a c="" to tlta
right, hav~ng a xadiuo of 510.00 font, a contral ..nqle of
25033'00", and eubtnnd~rig .. ..nord bearing S 310!8'29" a, 252.08
feeti
(8) th8l\Ce, S 44005'00" W, 65.02 teetl
(9) thence, -,s 00'01\'00" E, a56.36 feet;
(10) thence; s 3].102'40" W, ~G~.9Z fent;
(J.1) . thenC", ..II 13042' 51" a, 100.00. CM t to the. southeast
corner 0% a porce! of land dnacribad in BooK 25& at page 881 of tha
p~ekin county ~cords, thence alang tho. south line of said parcel
of land: thance II 13042'51" W, 425.98 [aet to the point of
baglnning, .aid parcel contains 215.01 acras more or lese.
subject to accoaa aa.ementa oa deaeribed in nook 212 8t paga 739,
BooK 256 at pagc 889, BOOk 331 at page 622, and Book 331 at page
623.
ExC(lpting the.retro1l1 the follollin9' parcel:
A parcel of land .ituated in .the W,"SE" of section 11 and the
nlllill E'I , 9\11E" , II!.; S V. 0 f SaC ti 0 n 14, 'Iowns hip 10 5 aU th, Rang e 85
W....t of tlte 6th p.M., said parcel being mora particular1Y dcacribad
as rollowD1 .
!legiTming at a point vbenee the Ill;; corner of said so;cdon l' bearS
II 84"21'30" If 643.10 feet, vith aU baadnga being relative to a
baaring of S 89" 55' 48" E betva"n .. aid Ill, corner and tho; }IE" corner
of .aid Section 14; tbanco II 00'04'00" << 182.25 feat; thence
S 53'38"15" E 15.55 feat; tnence N 36'21'35" E 14.41 featl tbencQ
18.36 faat along tbe arc of a curve to tha right, baving " radlua
of 13.00 fact, a central angle of aO"56'18" and Dubtandlng a.cbord
bearing II 16"49'44" E 16.88 faet; tbance 224.06 feet along the arc
of .. ~e to tha left, baving a radius of 121.00 feat, a co;otral
"n91e 106"05' 53", and aubtanding a chord baaring N 64'14'57" E
193.39 feet: thence N 11"12'00" E 137.50 feat; thance
S 12'09' 11" E 382.43 teat; thance S 00"0" 01" a 826.11 feet; thenca
S 00'06'08" E 96B.95 feat; tho;nce 9 82'50'01" If 129.38 faet: thance
401.36 fao;t along the arc of a curve to tba left, having a radiua
of 353.81 fa..t, a oo;otral angla of 6.'59' 46", and .ubunding a
chord )>earinq S 14"42'45" 'Il 380.18 feat: thence 155.78 feet along.
tlla arC of a cUrV" to the laft, having a radiue of 130.00 feet,. a
cantral angle of 68039' 35", an(l: subtending a ..nord ~l1ring .
S OT"S2'05" a 146.63 fget; thanca 16.70 feet along the v:C of a
curVQ to the ri9ht, ha"ing a radiua of 15.00 feQt. a central an<Jlc.
of 63 '41 ' 41" Dnd .ubtandin\l 11 cbord baarlng 9 ..05' 27 · 01" If 15. 85
feat; tltanca S 31'10'58" If 6.59 fect; thence 5"46"06'33" If 59.52
feat; thence S 51"39'02" E 38.84 feet; thenea ~1".40 feet along the
arc af a curl" to tb.. right, baving a radius. of 95.00 C.."t, ..
cantrlll ang1e 0% 38"50'n", and aubtendin<J .. chord. bearing
S 33013'~6" E 63.18 fa"~l tbo;nca 149.99 faat along the arC of a
curve to the rigbt, baving a radius at 185. 06 toet, a contra1 angle
of 46"14'18" and mubt.nding a ch~d bearing S 09"18'30" W 145.96
f ..at I tltene" S 31" 25' ~ 1" II 51.3-/ ceet; then"" 8.. >-5 la.t along lob.
arC of a curva to tlte right, having a radius at 230.00 teet, a
central engle of ~1'~1'40" and subtending .. chord. bearing
S 43009')7" II 85.65 fe..tl tbone", S 53'51'27" 11161.01 f....t; thence..
lar-03-97 12: 3BP
P.04
67.55 feat a10nq the arc of n curve to tlla leCt, ha~ing a radius of
260.00 ~Gftt, a centra~ angle of 14-53'09", and subtondinq a ~Qrd:
benring' 5 441154'27" H 67.:JG faet; thence 9 J71127'52" If 242.50 1:.e1:1
thoncc S 1.5-20'1\0" ~ 797.13 fe.c1;i t.hanco n 001124'03 " 541.25 teet;
thence If ~7.5B/341t E 61.1.17 feat; thence H 01.006'12" E 225.37 fC!et;
tll'2nCe 1.48.13 feot: :a10ng the arc of a curve to the right, having a
,rndlus of 215.00 f.ant, a contr!ll anqle or J9028'2U", and. sub\:endinq
a chord bearing 11 20-50'26" E 145.21 fQat; thRncc H 391158'22" E
67.02 feet; thmnc~ 178.72 tost along tl16 ~rC of a non-tangential
c~e to the right, having a radiua of 110.00 teet, a central angle
at .931105'29" and 8Ubtending a chord btsaring H 11.01.5'42" W 159.70
foo.t;thence n ::J5"~7'02" E 1.72.89 feet; 'thcmce 97.87 feet aJ.onCj the
arc of 11 curve to the left, having a radius of 170.00 featr a
central anqla of 32-59'05", and eubtending a chord bearinq of
11 18047'30" E 96.52 fa~t; thftDOa S 82-06'55" E 81.50fe9tl ~b.nce
If 15020'40" E 288.62 teet; tll.encc N 42037'21" E 196.37 feet; thence
IT 22-05'1.8" 'R 350.71. feet to the point ot beginning, sa.id parcel
contains 35.10 acres mor~ or lcs~.
/---
:
~-_._--.
EXHIBIT "B"
Description.~f rroject:
Name: Hoore Pro i ec l;.
.,~....--...
lkik Residential
'l'ype(s) of unit: (1)
( 2 )
(3)
( J\ )
Humber of units: (1)
(2 )
(J)
( (1)
Square feet/unit: (1)
(2 )
(3)
(il)
n Non-Residential
'rype of use:
Free-Harket Singlp F~m11y
Residenti~l Single Family
40
31
6,000 S.F.
1,400-2,000 S.F.
. .
Aspen Valley ski Club
Number of units:
. :~.
.. '. ..
1
Indoor square feet: 5,000
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EXIUllIT D
OPERATIONAL IMPACT STATEMENT
-----------------------------------------------------
MOORE PROJECT
A. WATER FLOW RATES
1.
Average Estimated Annual requirement:
126.5 acre feet
(0.18 cfs)
n. IMPACT ON WATER QUALITY
1. None known.
C. INCREMENTAL CAPITAL COSTS
-~,
1.
Infrastructure costs:
. $1,058,000
. D. INCREMENTAL EXPENSE COSTS
1.
Chemicals:
$1.88/ECU or
$ 606 annually
2.
Power:
$3.92/ECU or
$1,264 annually
3.
Total:
$S.80/ECU or
$1,871 annually
E. OPERATION/MAINTENANCE - INfRASTRUCTURE
1. Based on one-half man dayl'rvcek
2.
AlU1Unl requirement:
26 man days a'linually
MOOREWSA.EXD
EXHIBIT E (a)
TABLE 1
MOORE P.U.D. WATER REQUIREMENTS
(1 ) (2) (3) (4)
# UNITS ECU I UNIT or TOTAL
UNIT TYPE or Users ECU I user ECU's
Single Family Residential
5 Bdrm, 5 bath single family 40 4.19 167.60
4 Bdrm, 3 bath single family 4 3.45 13.80
3 Bdrm, 2 bath single family 27 3.23 87.21
1 Bdrm, 1 bath caretaker unit 71 0.71 50.41
Ski Club Facility (125 users)*
First 25 users 25 0.048 1.20
Balance of users 100 0.024 2.40
TOTAL PROPOSED 322.62
* The Ski Club Facility will be approximately 5,000 square feet. For ECU
calculation purposes it is assumed to be a NON PROFIT RECREATIONAL
FACILITY (Aspen Code Sec. 25.08.090). It is assumed that up to 125
persons may use the facility at any given time.
---
ESTIMATED ANNUAL DEMAND: 126.5 Acre Feet
0.18 CFS (average annual)
(Based on 350 gallons per day per ECU and assuming all ECUs are operable year around, Actual demand
may be less as irrigation ECUs are not used in the winter,
Column Explanations
1) Description of unit types proposed
2) Number of units that may be constructed, or in the case of the Ski Club Facility, the number of users.
3) The unit ECU count outlined in Table 2 for residential units or as outlined above for the ski club facility.
4) Col (2) X Col (3)
01.Jun-97
Resource Engineering, Inc
File 462\requeslwb2 (re...is"" 11130194.3122195, 1114197, 41.Z1197)
O.I-Jun-97
EXHIBIT E (a)
TABLE 2
MOORE P .U.D.
RESIDENTIAL ECU CALCULATIONS
FREE MARKET UNITS
(Long term residential)
CODE
CATEGORY 5 Bdrm 4 Bdrm 3 Bdrm 1 bed
5 Bath 3 Bath 2 Bath 1 bath
single single single caretaker
family family family unit
-g Bath 1 0.36 0.36 0.36 0.36
A Bath 2 0.24 0.24 0.24
S Bath 3 0.12 0.12
E Bath 4 0.12
Bath 5 0.12
E Bath 6
C Kitchen 0.25 0.25 0.25 0.25
U Bed 1 0,1 0.1 0.1 0.1
Bed 2 0.1 0.1 0.1
C Bed 3 0.1 0.1 0.1
0 Bed 4 0.1 0.1
U Bed 5 0.1
N 3,000 sq ft irr. 0.3 0.3 0.3
T 2 hosebibs 0.1 0.1 0.1
2000 sq ft irr 0.3 0.3 0.3
E Bidets 0.3 0.2 0.2
X Jacuzzi 0.6 0.3 0.3
T Wet Sauna 0.08 0.08 0.08
R Dishwasher 0.1 0.1 0,1
A Clothes washer 0.1 0.1 0.1 !
S Swimming Pool 0.6 0.6 0.6
Total 4.19 3.45 3.23 0.71
NOTES:
1} Based on Section 25.08.090 Equivalent Capacity Units, Aspen C
2} As-built ECU counts may vary significantly from these estimates.
Actual ECU counts will be estimated at the time building permits
are obtained and revised again after completion of construction.
3} The purpose of "EXTRAS" is to anticipate as-built ECU counts si
to actual ECU counts reported by the Aspen Water Department fo
similar types of development.
Resource Engineering, Ine File 462\request.wb2 (revised 11/30/94,3/22/95, 1/14197, 4f28/97)
EXIIIBIT E(b)
fIREFLOW PROVISIONS
MOORE PROJECT
fire protection will be by ground storage. The current design shows a consolidated 500,000
gallon tank for the Moore project and the Aspen Highlands project. This consolidated tank will be
located as per the Aspen lIighlands Detailed Submission. This proposed tank will serve the upper
pressure zones ofthe Moore and Aspen lIighlands projects. The dividing line for the upper pressure
zone is approximate elevation 8200. Through the Moore project, this is basically the existing 30"
raw water pipeline corridor.
The existing water tank located on the Ilighlands property will serve the Moore lower
pressure zone. The existing 12" waterline from the tank to the Aspen WaleI' Treatment Plant will
be lapped in three locations, and will continue to provide a 12" main through the Moore project.
-----...
A pump station will be required in the vicinity of the Mcadow Court and Moore Drive
intersection. This pump station will serve to deliver water to the proposed upper pressure zone
storage tank located on the Highlands property. This pump station will be a combined domestic and
raw water station. Domestically, it will serve to provide treated water to the Highlands upper
pressure zone tank, while serving raw water to the Highlands project. '
l\,IOOREWSA.EXE
EXHIBIT E(c)
MOORE PROJECT
General location of cascmcnls to be conveyed to Aspcn. Watcr main easements will be
20' in width, or larger if othcr utilitics are to be locatcd in the easemcnts as well.
Proposed tank easemcnts:
Approximately 75' x 75' centercd on tank
Proposed pump station casements: Approximately 50' x 50' centered on station
Other proposcd easements: 20' centered on water line when outside road easements
or rights-of-way
20' eascmcnts centered on raw water line to the extent it is located
on the subject property, based on final design drawings of raw
watcr systcm
.---
t.100RE\VSA.EEC
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