HomeMy WebLinkAboutresolution.council.071-97
09/03/97
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LRW OFFICES ~ 303 920 5117
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RESOLUTION NO. !li-
(Series of 1997)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AMENDMENT TO AGREEMENTS WITH CENTENNIAL-ASPEN ET. At
WHEREAS, the City is party to an agreement dated July 23, 1984 with Pitkin County,
Centennial-Aspen and the Centennial Condominium Owner's Association; and
WHEREAS, the City and Centennial-Aspen entered into a subsequent agreement on
March 29, 1989; and
WHEREAS. both agreements provide that the parties must. from time to time, make
payments or provide notice to one another; and
WHEREAS, the notice and payment address provisions need. to be updated.;
NOW THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
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That the agreement dated July 23. 1984 and the agreement dated March 29, 1989 be
amended as shown in Exhibits A and B respectively, and that the Mayor is authorized to execute
such amendments on behalf of the City
09/03/97
11:57
LRW OFFICES ~ 303 920 5::'(
RESOLVED. APPROVED AND ADOPTED this L day of ~997.
by the City Council for the City of Aspen, Colorado .
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John S. Bennett, Mayor
I. Kathryn S. Koch. duly appointed and acting City Clerk, do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of [he City of Aspen.
Colorado. at a meeting held ~ :?f' ,1997.
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AMENDMENT TO AGREEMENT
TillS AMENDMENT TO AGREEMENT is entered into this _ day of
1997 between the City of Aspen, Colorado (hereinafter "City"), the County of Pitkin, Colorado
(hereinafter "County"), Centennial-Aspen, a limited partnership (hereinafter "Centennial-Aspen"),
and the Centennial Condominium Owners Association (hereinafter "Association").
WITNESSETH
WHEREAS, the City, County, Centennial-Aspen, and the Centennial Condominium
Owners Association entered a water service agreement dated July 23, 1984, a copy of which is
attached hereto as Exhibit A; and
WHEREAS, the agreement provides that the parties must, from time to time, make
payments or provide notice to one another; and
WHEREAS, the agreement identifies specific addresses to which notice must be provided,
but fails to identify the addresses to which payments must be sent, fails to allow for a change of
address and fails to identify the address of the Association;
NOW, THEREFORE, in consideration of the premises, mutual promises and covenants
herein, the parties agree as follows:
Paragraph 27 of the July 23, 1984 agreement (Exhibit A) shall be amended as follows:
All notices required to be given, or payments required to
madehereunder,-shall be given in writing by mail, postage prepaid,
at the address of the recipient party as listed below, or at such other
address as a party may designate for itself by notice given pursuant
to this paragraph.
City of Aspen
c/o City Manager
130 S. Galena St.
Aspen, CO 81611
Centennial-Aspen
c/o World Class Housing, Inc., General Partner
Sam Brown, Secretary
2320 Pomona Avenue
Martinez, CA 94553 .
Pitkin County
c/o County Manager
Pitkin County Courthouse
506 E. Main
Aspen, CO 81611
Centennial Condominium
Owners Association
c/o First Choice Properties and Management
Box 6028
Snowmass Village, CO 81615
IN WITNESS WHEREOF the parties hereto set their hands on the day and year first
above written.
, City of Aspen, Colorado
Attest:
BY:_t; 19~
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Centennial-Aspen
Attest:
By:
World Class Housing, Inc., General Partner
Sam Brown, Secretary
County of Pitkin
Attest:
By:
Vice-Chairman of Board of County Commissioners
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Centennial Condominium Owners Association
By:
President
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. AGREEMENT
THIS AGREEMENT is entered this 23RD day of JULY
1984 between the City of Aspen, Colora.do (hereafter "City"),
the County'of Pitkin, Colorado (hereafter "County"), and
. Centennial - Aspen, a limited partnership (hereafter
"Centennial - Aspen"), and the Centennial Condominium Owner's
Association (hereafter "Association"):
WITNESSETH
WHEREAS, the County has contracted with and issued
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approvals to'Centennial -.Aspen (the successor-in-interest to
World Class Housing, Inc.'s interest in a certain Disposition
~nd Development Agreement with the County) for the construc-
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tio~ of 92 condominium units (hereafter "Centennial
Condominium") and 148 apartment uni~s (hereafter "Centennial
Apartment's") as p~ice controlled employee housing for
approximately 497 residents in 240 units on 16 acres of land
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together with-~ite management space, and common facilities in
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accordance with the approved plans therefor (her~after
"Centennial Condominium" and "Centennial Apartments" shall .be
collectively known as "Centennial or the Project"): and
WHEREAS, Centennial will have 217.5 Equivalent
Residential Units (hereafter EQR) located in Service Area 2
'of the City water supply system: and
WHEREAS, in accordance with City Council approval, the
initial planning for Centennial was base~~.o~ the utility con-
EXHIBIT A
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nection charge for Service Area 2 which"was in effect in
1982: and
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WHEREAS, the total utility connection charge for the
217.5 EQR at the 1982 rate 1s $717,300; and
WHEREAS, the County and Centennial
Aspen's
predecessor-in-interest have requested- that the City supply
water service to Centennial as a single utility connection
similar to the connection with the Highlands Water District
and that the total connection charge c~rrently required by
Section 23-58(b) and (e) of the Muniqipal Code of the City of
Aspen (hereafter "Coden) be adjusted because of the low per
capita water demands of Centennial and because of the bene-
fits to the City by integrating the facilities necessary to
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serve Centennial with the development of the City's overall
water supply system; and
WHEREAS, ~he County and Centennial - Aspen's
predecesso~in-interest have also requested that the utility
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connection charge for Centennial be adjusted pursuant to
sections 23-58(b) and (e) and 23-71 of the City Code ~ecause
Centennial ~ill be price controlled "employee housing; and
WHEREAS, Centennial - Aspen maintains that Centennial
will require 70 gallons per capita per day for domestic use
and 40 to 70 gallons per capita per day for sprinkler irriga-
tion of cutdoor landscaping and green space on 10 acres for
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t.otal demands of approximately 110 to 140 gallons per capita
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per day; and
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WHEREAS, Centennial will also require 2,700 gallons per
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minute for four hours for.fire protection; and
WHEREAS, the City believes that the total water demands
of Centennial will be in the' range of ~OO gallons per capita
per day for Centenniai which is 20% less than the 250 gallons
per capita per day for the average City use, that the rating
~f 217.5 EQR for Centennial does not adequately account for.
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,', such water co~servation, tha-t:- such wate~ conservation should
be encouraged, and that the total utility connection charge
required by Section 23-58(d) of the Code should be adjusted
as permitted by Section 23-58(b) and (e) of the Code; and
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WHEREAS, the cost of installing the Rubey Interconne.ci;
and related facilities for fire flow looping will be approxi-
mately $175,000 if completed by the City; and
WHEREAS, the City further recognizes that the extension
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of 'the 12" water main and other lines shown on the map
attached hereto as Exhibit A will not only provide the
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necessary water and fire service to Centennial but will also
provide the following benefits to the City:
a. Create a second feed to the Rubey Pump Station
which feeds water to the higher elevations of Red
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Provide a second interconnection between the Ridge
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of Red Mountain 2.0 MG Reservoir and the Aspen
At present the only inter-
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Grove .1.0 MG Reservoir.
connection is the existing 8" water main in Park
Avenue and Red ~ountain Road.
c. Increase flow and pressure for fire protection in
the area north of the Roaring Fork River from Park
Avenue at Highway 82 to the Rubey Subdivision at
Red Mountain Road.
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Allow abandonment of a vez::y old and leaking 4"
water main north of Williams Addition.
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Allow the City to obtain easements ,across land
owned by Centennial - Aspen or the County north and
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east of Williams Addition and through Rubey Park
'". including special proj~ct approval by the County. as
part,of the contract considerations.
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proyJde a 12 II water main east of the Hunter Creek
Condominium so that the- existing 611 and 8" water
mains in the Hunter Creek Condominium can be
looped: all at the expense. of Jay R. Kuhne,
Silverking Investments Ltd. and Western Slope
Development Company as a condition of settlement of
earlier lawsuits.
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g_ Provide an opportunity to evaluate the effect of
water saving devices in a fairly well controlled
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environment. The 240 units wiil be in 19 indivi-
dual buildings and each buildi~g will be on a
separate water meter under control of the Water
Department: "an~
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WHE~EAS, the City has determined that these benefits
will defer or save $327,200 in costs that the City."has
already budgeted or would otherwise incur in the development
. of its water supply system, and me;-it adjustnient in the total
'connection fee for Centennial also as permitted by Section
".23-S8{b) and (e) of the Code: and
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." WHEREAS, the" ci ty has determined that Centennial is
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designed to be a Permanent"Moderate Housing development, and
that the utility connection charge therefor may be adjuste~
under Sections 23-58{b) and (e) and 23-71 of the Code and
"that any savings realized by an adjustment in the charge must
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be passed on to purc~asers or tenants under Section 23-71 of
. . the Code: and
WHEREAS, the City is entering into this Agreement for
the primary purpose of providing utility related benefits to
its. existing c~stomers as set forth herein and not as a
. public utility.
NOW THEREFORE, in consideration of the premises, mutual
promises and convenants herein, the parties agree as follows:
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UTILITY CONNECTION CHARGE AND
WATER MAIN EXTENSIONS
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1. The City shall connect Centennial onto the City
. water system and Centennial shall receive water service in
accordance with ~his Agreement and the City Code, Charter,
rules and regulations of. Aspen.
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2. Centennial - Aspen shall pay the City as a total
utility connection charge for Centennial, Five Hundred and
~eventy-Three.Thous~nd, Eight Hundred ar-d Forty Dollars
~. ($573,840) in accordance with the.following schedule
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(a) One hundred and Forty-Three Thousand, Four
Hundred and Sixty Dollars ($143,460) at such. time as
Centennial - Aspen obtains funding for its construction loans
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for both the Centennial Condominium and the Centennial
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Apartments, which amount shall not be refundable to
,Centennial - Aspen unless the City is then in default under
. the terms .of. ~is Agreeme~t: arid
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~b} .The balance.on a pro rata basis as water taps
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are connected to each building in Centennial but not later
than December 31, 1984, provided, however, that if the City
has received a total of Three Hundred Thousand Dollars
($300,000) or more in utility connection charges by
December 31: 1984 and Centennial - Aspen.is unable to
'complete all buildings by December 31, 1984, the balance
shall become due and payable by July 1, 1985.
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3. For the purpose of fire tlow looping to better
serve existing and future City customers in Service Areas .2
.and 3 and future customers i~ Centennial, the "~ity shall
construct the facilities set forth in paragraph 3(e) below
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principles:
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(a) The City shall put out for bid the Work set
forth in paragraph 3(e) below. The City shall accept the
". lowest and mo~t responsible bid for the Work as determined by
.<the City. Centennial shall be obligated tp pay for the Work
. "...to a maximum amount of One Hundred and Seventy-Five Thousand
Dollars ($175,000), any costs in "excess thereof shall be the
r~sponsibility of the City.
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(b) Centennial -Aspen shall promptly pay all bills
as submitted by'the engineers an~ contractor(s) to the City
for. the Work. To insure payment and timely construction, the
" following shall occur:
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.(i) on or before the commencement of the
. Work, Centennial - Aspen shall provide the City with an
unqualified Letter of Credit to cover the cost of the bid for
the Work as submitted by the City to Centennial - Aspen. To
insure performance on the Letter of Credit, Centennial -
"Aspen shall deposit with the City Five Thousand Dollars
($5,000) at the time of the issuance of the Letter of Credit,
to be held in an interest bearing account for the benefit of
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Centennial - Aspen, unless drawn to cover the cost of enfor-
cement of the Letter of Credit, payabl~ if the issuer fails
to pay the City pursuant to the te.rms of the Letter of.
Credit, and otherwise to be. refunded with interest imme-
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diately after completion of the Rubey and Park Circle .
Interconnections; and
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(ii) In the event Centennial
Aspen has not
secured the construction financing prior to July 1, 1984, or
such later date as may be granted by the City, the City shall
commence design and other pre-construction activities
necessary for the Work and Centennial - Aspen shall pay to
the City Seventeen Thousand, Five Hundred Dollars ($17,500) on
or before July 1, 1984 or at such later date as may be
granted by the" City, for such preconstruction work. Upon
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Centennial - Aspen's request the City shall grant a reaso-
nable e~tension of the July 1, 1984 date, if such extension
shall not: imp~ir the City's ability to complete the Work by
:~ecember 31, 1984. Centennial - Aspen shall have the unila-
teral right to cancel this: Agreernent prior to J~ly I, 1984,
.' or the date of any extension granted under paragraph 3eb)(ii)
above, in which case Centennial - A~pen shall have no further
obligations, monetary or otherwise, to. the city.
(c) The City shall not charge Centennial
Aspen
for its internal administrative expenses associated with the
Work, and shall only charge Centennial - Aspen for the
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contractor and constructing'engineers selected by the City
and all contracted work associated with the construction by
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t.he City.
'(d) Centennial -" Aspen shall be entitled to a
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rebate for the Work at the rate of $450 per EQR for every EQR
connected onto and served by the Work in Service Area 2 other
t.han Centennial. The parties anticipate that there will be
an additional 200 EQR served by. the Work for a total of
$90,000 rebated to Centennial - Aspen as a result of future'
~ . connections. Aspen will rebate to Centennial - Aspen for all
.' .connections in the prior year on an an~ual basis by or before
December 31, of each year. This rebate shall be terminated
in the year 2007 with the final rebate being'for the connec-
tions in the year 2007.
(e) The City shall extend the existing 8" water
. main in the Rubey.Subdivision as"a 12" water ma;.n, through
.Rubey subdJyision and across Hunter Creek (the "Rubey
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:rnterconnect") to th~ northern boundary'of Centennial, and
extend a 12" water main from'the Project boundary to and
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parallel with the 6" water main in ~ark Circle (the "Park
Circle" interconnect) to the 8" water main on Park Avenue,
all as shown on Exhibit A attached hereto. The cost of
acquiring the easements set forth in paragraph 3(j) hereof,
. shall be consioered to be.part of and a cost of the Work.
'Design, construction and installation engineering services
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for the installation of the water main~' shall be provided by
the engineering firm designated by the City Engineer.
(f) All work on the Rubey Interconnect, Park
Circle Interconnect, and related facilities shall be done
under the supervision of the City Engineer in accordance w~th
City specifications and procedures.
(g) The) City shall vacate, and Centennial - Aspen
shall remove, at its sole cost and expense, the existing 411
water main in the Project area, shown on Exhibit A.
(h) . Title to the "easements, water mains, and all
appurtenant facilities on property owned by Centennial -
~spen, the County or the Association up to the corporation
stops shall be.passed to the City.
(i) The County shall provide special project
. approval. for the extension of the above described water
ma~ns.
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(j) .The County, .Centennial - Aspen and the
Association respectively, shall secure and grant to the City
non-exclusive easements over any property owned by the
County, Centennial - Aspen, or the Association, which pro-
perty the water mains cross. The cost of acquiring all other
easements for the Work shall be a project cost paid by
Centennial - Aspen. If the cost or ability of acquiring the
'easements is considered to be unreasonable the City shall
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exercise the power of condemnation. To the extent possible
the City will use existing easements.
(k} The County, Centennial - Aspen and the
Association shall comply with and sati'sfy all City and County
Codes and procedures regarding extensions of water mains.
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(1) The construction and completion of the Rubey
and Park Circle Interconnections are essential fo~ the City
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to provide proper water and fire flow service to Centennial.
, This construction and completion is not a condition precedent
to the City's obligation pursuant.tq ,this Agreement to permit..
Centennial to connect onto the City's water system, so long
as Centennial - Aspen has fulfilled or.stands ready to
fulfill. its obligations under this Agreement.
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4. At its sole expense, Centennial - Aspen shall
construct the following to City specifications as set forth
below:
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(a) 'A 12'1, water main within the Centennial boun-
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daries connecting the extensions described in paragraph 3(e)
of this Agreement as 'shown on Exhibit A.
(b) All other water mains and lines within the
Centennial boundaries up to the corporation stops of
.'Centennial, all water lines from the corporation stops to
each building in Centennial, a meter for each of these
buildings, and, if Centennial - Aspen so decides, meters for
individual units 'within each bui~ding.
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s. At its sole expense the. County shall enforce
existing decrees and agreements with Jay R. Kuhne, Silverking
Investments, Ltd., and Western Slope Development Company to
cause the connection of the 6u and 8" water mains in the
Hunter Creek Condominiums to the above mentioned 12" water
main within the Centennial boundaries as shown on Exhibit A.
6.
Centennial
Aspen shall convey to the City the 12"
water main constructed within Centennial along with all other
water mains and lines both on and off site installed by
Centennial - Aspen up to the corporation stops. Centennial
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Aspen or the Association shall hold title to all water lines.
from the corporation stops to each Centennial building and
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the water met~~s within each building. .Centennial -Aspen
or.the Association shall grant the City access to the meters
within each building for the purpos~s of monthly water ser-
vice billing~
7. - -The City has ~ Water Main Extension Policy along
.: :with proposed additions and a.'t1endments to that policy.
Centennial - Aspen and the Association shall comply with the
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terms and conditions of the policy and the additions and
amendments thereto. In particular, Centennial - Aspen and
the Association shall pay all deposits within fourteen (14)
days of notice by the City, unless otherwise provided herein.
s. This Agreement is expressly conditional upon
Centennial - Aspen obtaining construction financing for all
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92 condominium units and 148 apartment un~ts. If Centennial
- Aspen is unable to obtain such financing by August 15,
1984, or such later date as may be granted by the City in
consideration of all circumstances including any extensions
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of the July 1, 1984 date hereof, this contract shall.be of no.
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further force and effect and all future service to this area
shall be pursuant to then existing rules, regulations, rates
and cha:r::ges of the City. Should Centennial - Aspen decide
prior to August 15, 1984, to construct Centennial with less
than 92 condominium units and 148 apartment units, this
Agreement shall remain in full force and effect as to the
units to be constructed, pursuant to a notice given by
Centennial - Aspen to the City setting.forth the units to be
. constructed. As to the balance of the units which will not
be constructed, this Agreement sets no precedent for the
availability of or coat of future service thereto.
For the units to be constructed, the utility connection
. charge se~ forth in this Agreement shall be reduced pro rata
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'by dividing $573,840 .by 217.5 EQR and multiplying the product
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thereof by the re-estimated EQR after considering the reduc-
tion in units to be constructed. If .the re-estimated EQR
described in the preceeding sentence equals less than 2l7~5
EQR, the formulas for surcharge or rebate of the utility con-
nection charge contained in paragraphs 10 of this Agreement
shall be adjusted appropriately.
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WATER SERVICE CHARGES
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9. Centennial. - Aspen 'shall pay a monthly water ser-
vice charge to the City for water usage in each building in
the Centennial Apartments,' and similarly, the individual
condominium unit owners in' the Centennial Condominium'through
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their Association shall 'pay a month~y water service charge to
the City for water usage in each building of the Centennial
Con~ominium all set by section '23-l02(b) of the Code or as
may later be'adopted by the City for the meter size or EQR'
and monthly water use of that building.
10. If the total water use per year in the Centennial
. Apartments and/or Centennial Condominium exce~ds or is less
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than 200 gallons per capita per day on a yearly average,
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Centennial - Aspen or the Association, as the case may be,
shall pay a surcharge or the City shall rebate therefore ,in
accordance with the schedule set forth in Exhibit B hereof.
'. . The City-shall be entitled, after consultation with
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: centennial - ~spen and/or the Association as is appropriate,
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to adopt a method of approximating the formula set forth in
Exhibit B for the ease of administration until sufficient
operational history exists.
11. If the City subsequently adopts uniform city-wide
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rates for monthly water service basedonEQR values which
implements a city-wide surcharge for excess water use,
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paragraph 10 of this Agreement shall no longer apply except
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as to the amount of rebate to which Centennial - Aspen and
the Association is entitled, and Centennial - Aspen' and the
Association, as the case may be, shall pay a surcharge on the
same basis as customers in Service Area 2 for the Centennial
Apartments and/or Centennial Condominium under such a rate
structure whenever the total water use in any year for the
Centennial Apartments and/or Centenniai. Condominium exceeds
an average of 200 gallons per capita per day.
Notwithstanding the implementation of a new system, any
rebate earned by Centennial - Aspen and the Association under
. paragraph 10 hereof shall be calculated as set forth in
'. .;. paragraph 10.
12. Centennial
Aspen shall apportion ~nd collect the
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mont~ly water s~rvice charge for each tenant in each building
in the Centennial Apartments according to the unit meter
installed, if installed, or according to the building meter
or another method acceptable to the residents of the
Centennial Apartments and Centennial - Aspen.
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13. The Association shall be responsible for appor~
tioning and collecting the monthly water service charge from
each unit owner in each building in the Centennial
Condominium according to the unit meter installed, if
installed, or according to the building meter or another
method acceptaDle to the unit owners.
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LIMITATIONS ON WATER PSE
14. All irrigatlon of landscaping and green space
within the Project boundaries shall be limited to the
landscaping and green space areas as shown on Centennial
Aspen's site plan submitted to the 'County with its detailed
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submission. The County shall restrict all open space irri-
gated with municipal wat~r to approximately 10 acres.
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Irrigation shall be accomplished by installed sprinkler irri-
gation with metered time clocks adjustable to permit off-peak
hour sprinkling. All sprinkling shall be du=ing off-peak
hours as much as feasible. One hose bib' shall be provided
for each building to permit hand watering of hard to reach
landscaping designated by the County. No other use of hose
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bibs' will be allowed. All hose bibs shall, be useable only by -.
a "lock-box" controlled by employees of the Centennial
Apartments and the Centennial Condominium who shall exclusi-
. vely monitor water usage.' The outside hose bibs shall only
: be useqfor 'irrigation during off p~ak hours as much as
feasible. ~e City shall be permitted to superv~se but is
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not obligated to administer all irrigation water use by
Centennial.
15. For irrigation. purposes, the City may, at its sole
discretion, substitute raw water for treated water with all
costs thereof borne by the City.
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GENERAL PROVISIONS
16. Domestic wa~er useage within Centennial shall
include water service for a maximum of 108 clothes washing
machines.
17. This agreement is for the supply of City water ser-
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vice to Centennial only 'as specifi?al~y described herein, and
no other taps, connections, or water service are contemplated
or in any way authorized by this Agreement.
18. Unless expressly waived or adjusted herein
Centennial -'Aspen and the Association.and all water users in
Centennial shall be bound by, and a~l water service provided
hereunder shall be subject to, all applicable provisions of
the ,Code, of the City Charter, and of any other regulations
or rules of the City currently in effect or as may be
here~fter adopted.
19. Centennial ~ As~en and the Association agree to
:adopt all such provi~ions set forth in paragraph 18 above as
~he rules and regulations governing the use of water within
Centennial and agrees that such provisions shall be as fully
enforceable in Centennial as inside the City. Centennial-
Aspen and the Association agree to assist the City in every
manner reasonably possible to enforce City rules and regula-
tions made to protect purity, safety and supply of the water,
including curtailment during times of shortage. 'Centennial
Aspen "and the Association agree to prohibit all unnecessary
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or unreasonable waste of water within Centennial and to make
reasonable efforts ~o enforce such a p=ohibition.
Unreasonable or unnecessary ~aste of water shall be defined
for the purposes of this Agreement by Colorado law relative
to diversion and use of water.
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20. The City agrees to exercise reasonable care and
foresight to furnish water to Centennial as pot~ble as that
furnished inside the City. No promise or guarantee of
~ressure, quantity, or quality other than out of surplus
water and excess p~aking capacity as supplied to its custo-
".
'mers similarly situated is made by the City or is to be
implied from anything contained herein.
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21. The parties to this Agreement recognize that the
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.water supply for the City is dependent upon sources from
which the supply is variable in quantity or quality and
beyond the control of the City. "No liability shall attach to
-
. the City hereunder on account of any failure to accurately
:~ticipate ava~lability of water supply or.because of an
actual failure of water supply due to inadequate run-off,
poor quality, or occurrence beyond the reasonable control of
the City. The City agrees to treat its water to meet all
mandatory local, state, and federal potable water standards
and to construct and devote adequate facilities to make
available to Centennial a water supply as described in
paragraph 20 in view of historical experience with water run-
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off so far as reasonably possible. The City's judgment in
providing safety measures shall not be questioned unless
clearly unreasonable.
22. All water furnished hereunder is on a leasehold
,
-basis for use in Centennial for all the various purposes for
which the City has been decreed the right to appropriate
water. Such water service does not include any right to make
a succession of uses of such water and upon completion of the
primary use in Centennial all dominion over the water so
. leased reverts completely to the City. Subject to the prohi-
~:bition against waste and any' other limitations on water use
imposed herein, however; Centennial - Aspen and the
. .
Association have no obligation under this Agreement to create
any particular~volume of flow from the water. delivered
hereunder. Except as herein specifically otherwise provided,
all property rights to the water to be furnished by the City
here~nder are reserved .in the City. Nothing herein shall be
. .
~~emed or construed as creating an '~bligation on the City,
Centennial - Aspen or the Association to separate from said
water any material added to it through use in Centennial, nor
shall anything contained herein be deemed as imposing on
Centennial - Aspen any obligation by virtue of this contract
for the purification of water after use in Centennial.
23. The parties agree that by this Agreement, the City
does not become a public utility, compelled to serve other
parties similarly situated. Centennial ~ Aspen and the
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Association agree that they or either ()f them shall not at
any time petition the Public Utilities Commission to acquire
jurisdiction over any utility rate set by the City. The
parties agree that in the event the C~ty is held to be a
public utility by virtue of the Agreement, the Agreem~nt
shall terminate and be of no further force of effect.
"24. Except as provided to the" contrary herein, the par-
ties agree "that this Agreement oshall not be termfnated except
by mutual agreement, and that the term of this Agreement
shall continue until such termination.
'25. Failure of a party hereto to exercise any right
hereunder shall not be deemed a waiv~r of such party's right
and shall not affe.ct the right of such party to exercise at
'0.
some future time said right or'rights or any other right it
.may have hereunder.
26. Each of the parties' to this Agreement recognizes in
: ~e City the--right to enforce its ~ules and the terms of this
contract by seeking an injunction to compel turning of~or
disconnection.of the supply of water provided hereunder. In
,the event that Centennial -' Aspen or the Association or an
individual user within Centennial violates the rules, regula-.
tions or ordinances of the City as adopted by this Agreement,
or the terms of this Agreement, the City may, without seeking
an injunction and after three (3) days notice to.correct the
violation, terminate the delivery of water hereunder to the
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violator, if feasible, otherwise ~o an entire building or
such parts of Centennial as are necessary in the respects,
until such conditions have been honored by the user,
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centennial - Aspen, or the Association. The City shall be
free from any liability arising out of the City's exercise of
its rights under this paragraph. .
'" .i.
27.. All notices hereunder shall be given in writing by
mail at the appropriate address 'of the party, postage prepaid.
City of Aspen
c/o City Manag~r
': 130 South Galena
." Aspen, Colorado
Street
81611
'Centennial - Aspen
c/o World Class Housing, Inc.
-General Partne:'
Sam Brown
President
1700 Lincoln Street
Suite 4010
Denver, Colorado 80203
. .
-& 0".
pitkin County
c/o County Manager
pitkin County Courthouse
506 East Maitr -
. : Aspen, Colorado 81611
..' . .
28. This Agreement is subject to the provisions of
Resolution 3-73 between the City and.the County.
29. The City shall not be held liable for failure to
perform hereunder due to wars, strikes, acts of God, natural
. . .
disasters~ drought or other similar occurrences outside of
the control of the City.
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30. The titles to this Agreement shall not be used to
alter the meaning of ~his Agr~ement.
31. This Agreement is binding upon the parties hereto,
their successors and assigns.
32. This Agreement may not be assigned without the con-
sent of the parties hereto except as provided hereafter.
Centennial - Aspen and/or the Association may nee~ to assign
'this Agreement to one or more limited partnerships and/or
associations. Centennial - Aspen shall have the right to
~ssign this Agreement, or any part thereof, upon notice, to
.
any lL~ited partnership of which Ce~ten~ial - Aspen is the
general partner. Moreover, the City.shall not unreasonably
withhold its consent to any other assignment of this
Agreement so long as such assignment will not be clearly
injurious to the City's interest.
'~3. Centennial - Aspen shall fully cooperate with the
-
~rgoing Planning Office annexation study, and shall work with
the, City and County to review the relative merits of possible
annexation of the Project.
IN WITNESS WHEREOF, the parties hereto set their hands
on the day and year above first written.
.ATTEST :'
THE CITY OF ASPEN
'dJ' nJ . /
:/!;O..;'L Jh>~
Clerk tI ;
By-~~A'
Mayor
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ATTEST:
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Clerk
,ATTEST:
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neputy County Clerk
ATTEST:
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Deputy County Clerk
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THE, COUNTY OF PITKIN
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'BY~/(L'~
Vice-Chairman of Board of
County Commissioners
CENTENNIAL - ASPEN,
a Limited Partnership
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Worl? Class Housing, Inc. -
General Partner
Sam Brown
President
CEETENNIAL CONDOMINIUM
OWNERS ASSOCIATION
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EXHIBIT A
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EXHIBIT B
1. . If in the Centennial Condominium w~~er usage for
the year (such "year" commences in accordance with paragraph
. 3 hereof) exceeds an average of 200 gallons per capita per
day, then the ~ssociation shall be liable to the City for a
surcharge on the previously paid utility connection charge
equal to the product of (i) a fraction whose numerator is the
usage in excess of 200 gallons per capita per day (but in no
event shall such numerator be greatertha~ 50) and whose
denominator sball be 50; (ii) multiplied by 'Fifty-Four
Thousand Nine Hundred Eighty-Eig~t Dollars and Twenty-Two
Rundreths ($54,988.22). Conversely, if prior to any
----
surcharge being imposed under the preceding sentence, water
usage in the Centennial Condominium for the year (as defined
in this paragraph) is less than an average of 200 gallons per
capita p~r day, Centennial - Aspen shall receive from the
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City a cash rebate equal .to the product of a fraction whose
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numerator is equal to 200 minus the average water usage for
such year (expressed in gallons per capita per day) and whose
denominator is equal to 200, multiplied by Two-Hundred
Nineteen Thousand Nine Hundred Fifty-Two.pollars and
. Eighty-Seven Hundreths ($219,952.87). The total of the
.rebate or surcharge that may be imposed under this paragraph
shall not exceed Fifty-Four Thousand Nine Hundred
Eighty-Eight Dollars and Twenty-Two Hundreths ($54,988.22).
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2. If in the Centennial Apartments water usage for the
year (such "year" commences in accordance with paragraph 3
hereof) exceeds an average of 200 gallons per capita per day,
then Centennial - Aspen shall be liab~e to the City for a
surcharge on the previously paid utility connection c~arge
equal to the product of (i) a fraction whose numerator is the
usage in excess of 200 gallons per capita per day (but in no ,
event shall such numerator be greater than 50) and whose
denominator is 50; (ii) multiplied by Eighty-Eight Thousand
Four Hundred S~venty-One Dollars and S~venty-Eight Hundreths
.. ($88,471.78). Conversely, if prior to any surcharge being
imposed under the preceding sentence, water ~sage in the
~entennial Apartments for the year (as defined above) is less
~han an average of 200 gallons per capi~a per day, Centennial
- ~spen shall receive from'the City a cash rebate equal to
the product of a fraction whose numerator is' equal to 20~
minus the average water usage for such year (expressed in
gallons per capita per day) and whose denominator is" equal to
. . -
:':~OO, multiplied by Three Hundred Fifty-Three Thousand Eight
Hundred Eighty-Seven Dollars and Thirteen Hundreths
t$353,887.l3)~ The total of the rebate or surcharge that W4Y
be imposed under this paragraph shall no~ exceed Eighty-Eight
Thousand Four Hundred Seventy-one Dollars and Seventy-Eight
Hundreths ($88,471.78).
3. There shall be one surcharge or rebate on the basis
of one (1) year's water usage in the Centennial Condominium
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and/or Centennial Apartments, and not .on an individual, unit
or building basis. The year ,in which the surcharge or rebate
shall be calculated shalL commence from and after the project
has been completed and 95% occupied for 6 months. The
surcharge or rebate due sh~ll be totaled after 12 months from
the date of commencement of thisye~r and promptly paid.
.4., For administrative convenience, the p~~ties may
.develop a me~hod of approximating the calculations set forth
herein until they have developed adequate operational
history.
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AMENDMENT TO AGREEMENT
TIDS AMENDMENT TO AGREEMENT is entered into this _ day of
1997 between the City of Aspen, Colorado (hereinafter "City") and Centennial-Aspen, a limited
partnership (hereinafter "Centennial-Aspen").
WITNESSETH
WHEREAS, the City and Centennial-Aspen entered an agreement on March 29, 1989,
a copy of which is attached hereto as Exhibit A; and
WHEREAS, the agreement provides that the parties must, from time to time, make
payments or provide notice to one another; and
WHEREAS, the agreement identifies specific addresses to which notice must be provided,
but fails to identify the addresses to which payments must be sent and fails to allow for a change
of address;
NOW, THEREFORE, in consideration of the premises, mutual promises and covenants
herein, the parties agree as follows:
2.
as follows:
Paragraph 5 of the agreement entered March 29, 1989 (Exhibit A) shall be amended
- All notices required to be given, or payments required to be
made hereunder, shall be given in writing by mail, postage prepaid,
at the address of the recipient as listed below, or at such other
address as a party may designate for itself by notice given pursuant
to this paragraph.
CITY:
City of Aspen
c/o City Manager
130 S. Galena St.
Aspen, CO 81611
CENTENNIAL-ASPEN:
Centennial-Aspen
c/o World Class Housing, Inc.,
General Partner Sam Brown, Secretary
1700 Lincoln St., Suite 4010
Denver, CO 80203
IN WITNESS WHEREOF the parties hereto set their hands on the day and year first
above written.
City of Aspen, Colorado
Attest:
BY:~
May
!j~
'~t'r2xfk
Centennial-Aspen
Attest:
---
By:
Sam Brown, General Partner/Secretary
\user\aspen W7\cen-amd2. 818
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AGREEMENT
THIS AGREEMEN~ is entered into 'this ~ q~ day of
~'~l~J ~ , 1989, between THE CITY OF ASPEN, COLO-
RADO (hereinafter "City"), THE COONTY OF PITKIN, COLORADO (here-
inafter "County"), and CENTENNIAL-ASPEN, a limited partnership
(hereinafter "Centennial-Aspen"),and THE CENTENNIAL CONDOMINIUM
OWNERS ASSOCIATION (hereinafter "Association").
WIT N E SSE T H:
p'
WHEREAS, the city and Centennial-Aspen (as successor in
interest to World Class Housing, Inc. in a certain disposition
and ~evelopment aqreement with County), are in dispute with
respect to City'. agreement to provide water and related services
to the centennial project.
WHEREAS, this agreement between City and centennial-Aspen
incorporates by reference the Water Serviee Agreement of July 23,
1984 ("Water Service A9reementtl). Sai~ agreement is incorporated
herein and made a part hereof as Exhibit "A".
WHEaEAS, City and Centennial-Aspen agree that all outstand-
ing issues disputed by the parties hereto are fully and ade-
quately identified in a letter dated November 17, 1988, from Ron
Mitchell, actinq on behalf of the city, to Sam Brown, acting on
behalf of Centennial-Aspen attaehed as Exhibit "B". Those issues
are: (lj rebates tor re4uoed water usage to centennial/Aspen as
containe~ in Paragraph lOot the Water Service Agreement;' (2) the
City's claim tor a~4itional water service char;es; (3) additional
connection fees: and (4) and Centennial/Aspen's claim for new
connection rebates. .
WHEREAS,_City and Centennial-Aspen, by this a9reement, have
resolved the issues of delinquent charges, additional water
service, and additional connection fees. Both City and Centen-
nial-Aspen aqree to. resolve the last issue,. ne~ connection
rebates, as hereinafter depicted.
NOW, THEREFORE, in consideration of the premises, mutual
promises and covenants herein,. the parties agree as tollows:
1. city and Centennial-Aspen agree that this Agreement
i4entifies the only outstandin9 issues between the parties
herein, which are (1) rebates for reduced water usage; (2)
a~ditional water service charqes; (3) additional connection fees:
and (4) new conneetion rebates.
2. Cit~ hereby tenders to Centennial-Aspen, and Centen-
nial-Aspen hereby aecepts a check in the amount of One Hundred
Ten Thousand Dollars ($110,000.00) in full satisfaction of
EXHIBIT A
Centennial/Aspen's claim for rebates for reduced water charges as
set forth in Paragraph 10 of the Water Service Agreement and for
city's claim for additional water service charges and additional
connection fees. Execution of this agreement and endorsement of
the check constitutes Centennial-Aspen's acknowledgement of the
identification of all outstanding claims, and satisfaction of all
claims, excepting new connection rebates,
3. With respect to new connections charges, this agreement
is intended by City and accepted by Centennial-Aspen as a clari-
fication and modification of the water service agreement .with
respect to the issue of new connection charqes. City aqrees and
Centennial-Aspen accepts the following modification to the Water
service Agreement: The water service agreement is modified
herein until the year 2007, Centennial Aspen is entitled to a
rebate of Four Hundred Fifty Dollars ($450.00) per ECU for the
first two hundred (200) ECU's connected onto the City of Aspen's
water system and that part of Service Area 2, bounded by Aspen
Grove SUbdivision Qn the east (excluding Aspen Grove Subdivi-
s~on), Hunter Creek on the west, Highway 82 to the south, and the
8040 contour line on Smuggler Mountain to the north, all served
by the Rubey interoonnect ("Rebate Area").
City shall promptly provi~G Centennial/Aspen with a
list of all serviee, water service connections or remodeled
expansion connections within the rebate area identifying the
date, name, address, ECU of each such connection since the date
of Attachment "A" and shall promptly pay to Centennial/Aspen Four
Hundred Fifty Dollars ($450.00) for each ECp so connected to the
date hereof. Hereafter, City shall provide such list an4 'infor-
mation annually and a check for the rebate owed by January 31 of
eaeh successive year for the ECU connections 4urinq the preceding
year.
4. This aqreement modified only those seotions of the
water Serviee Agreement which relate to the issues contained in
Paragraph 1, hereinabove. All other provisions of the Water
Service Aqreement not modified herein shall remain in full force
and effect.
5. All notices hereunder shall be given in writing by mail
at the appropriate address of the party, postage prepaid,' as
follows:
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CITY:
City of Aspen
c/o City Manaqer
130 South Galena street
Aspen, Colora40 81611
CENTENNIAL-ASPEN:
Centennial-Aspen
c/o World Class Housing, Inc., General Partner
Sam Brown, President
1700 Lincoln Street, Suite 4010
Denver, Colorado 80203
6. This aqreement is bindinq on the parties hereto, their
successors and assiqns.
7. This agreement may not be assiqned, without the consent
Qf the parties hereto, except as provided hereinafter. Centen-
nial-Aspen and/or the Association may need to assiqn this aqree-
ment to one or more limited partnerships and/or associations.
centennial-Aspen shall have the riqht to assiqn this agreement,
or any part thereof, upon notice, to any limited partnership in
which centennial-Aspen is the qeneral partner. Moreover, City
shall not unreasonably withhold its consent to any other assign-
ment of this agreement so long as such assiqnment will not be
clearly injurious to the City'S interest.
IN WITNESS WHEREOF, the parties hereto set their hands on
the day and year firs~ above written.
CITY 01 ASPEN, COLORADO
BY~~'~~'
William L. stirling, Mayer
A'l'TEST:
,,~
. Koch, City Clerk
CENTENNIAL-ASPEN
By ,
Sam rown
General Partner/Presid
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