The URL can be used to link to this page

Home My WebLink Aboutresolution.council.040-98 l' RESOLUTION NO. 4C (Series of 1998) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,. COLORADO, AUTHORIZING EXECUTION OF THE "AGREEMENT FOR WATER SERVICE AGREEMENT" RELATING TO THE EXTENSION OF WATER SERVICE TO THE JAMES E. MOORE FAMILY PARTNERSHIP LLLP PROPERTY. WHEREAS, the City Council adopted Ordinance No. 20 (Series of 1997) on June 9, 1997; and WHEREAS, said ordinance authorized the City to execute a water service agreement between the City and the James E. Moore Family Partnership LLLP ("Developer"), for the extraterritorial extension and delivery of municipal water services to the development and associated ~ areas commonly known as the Moore Project; and WHEREAS, the City's execution of the water service agreement was made expressly contingent upon final plat recordation and Pitkin County's verification that certain amounts to be paid to Pitkin County for transportation mitigation and the Entrance to Aspen Study had in fact been paid; and WHEREAS, the Developer has agreed to execute the water service agreement at such time as the plat of the Moore Project is ready for recording with the Pitkin County Recorder; and WHEREAS, the Developer has agreed that all amounts due to Pitkin County as described in Section 1 of Ordinance 20 shall be paid at the time the plat is recorded; and WHEREAS, it is anticipated that the plat will be ready for recording within the next few weeks; and ~ -1- ~ r'. ~ WHEREAS, Developer wisl1es to obtain necessary permits to commence earthmoving and initial aspects of construction of the water system, at its own risk, prior to execution of the water service agreement, owing to the short construction season; and WHEREAS, the City is willing to allow Developer to commence said construction at its own risk, on the terms and conditions set forth in the Agreement for Water Service Agreement attached hereto as Exhibit 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby determines that execution of the attached Agreement for Water Service Agreement, which permits developer to commence construction of the water system contemplated in the water service agreement approved by the City Council in Ordinance No. 20 (Series of 1997) on June 9, 1997, is hereby approved, and the City Manager is authorized to execute the Agreement for Water Service Agreement on behalf of the City Council. RESOLVED, APPROVED and ADOPTED this 1L day of May, 1998, by the City Council for the City of Aspen, Colorado. ~ ~ (1........ .. ; - John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk, certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~ / / , 1998. -2- r" AGREEMENT FOR WATER SERVICE AGREEMENT This Agreement for Water Service Agreement is entered into this and in effect of this _ day of , 1998 by and between The City of Aspen, a Colorado Municipal corporation and home rule city ("City"), and James E. Moore Family Partnership, LLLP, a Colorado limited liability partnership ("Developer"). WHEREAS, t6e parties have negotiated and the District has executed a Water Service Agreement in form as that approved by Ordinance No. 20, Series of 1997 of the City of Aspen and; WHEREAS, said Agreement provides that the City of Aspen and the Developers shall execute said Agreement upon final plat approval of Developer's project known as the Moore P.U.D. or Moore Project, which project is anticipated to be granted final plat approval in June 1998 and; WHEREAS, the parties by this Agreement recognize and agree that for logistical reasons and the construction season, that construction should commence on certain infrastructure for the Moore Project which includes the extension of water facilities contemplated within the Water Service Agreement and; WHEREAS, by this Agreement the parties agree to execute an Agreement so as to give assurances to one another that the Water Service Agreement will ultimately be executed upon final I""'" plat approval. NOW THEREFORE, for and in consideration of the mutual promises and covenants contained herein and of the issuance of certain permits by the City of Aspen to Developer imd by the parties' irrevocable Agreement for Water Service Agreement and such other good and valuable consideration, the receipt of which is duly acknowledged, that the parties agree as follows: 1. The parties agree to execute the Water Service Agreement attached hereto as Exhibit A upon final plat approval in the form as that attached as Exhibit A. At the time of the execution by Developer of the Water Service Agreement, as herein provided, Developer agrees to execute the Quit Claim Deed for water rights attached hereto as Exhibit B. 2. Developer must obtain City Water Department approval of the final design drawings for Phase I and Phase II of the Project for any phase for which construction will be commenced hereunder. Prior to any connection to any City water facilities, Developer must provide evidence of all bonding and/or security required by the Water Service Agreement. f" 3. Upon Developer's compliance with paragraph 3 above and the City's standard permit application requirements, the City shall, prior to execution of the Water Service Agreement, grant such permits, consents and permissions as may be required to allow Developer to proceed with construction of the water facilities contemplated within the Water Service Agreement,provided, however, that all such pennits shall be subject to paragraph 5 below. I""'" 4. Prior to execution of the Water Service Agreement by all parties and notwithstanding any permits, consents and permission that may be given by the City pursuant to this Agreement, any construction undertaken by Developer on the water facilities for the Developer's project, is undertaken entirely at Developer's risk. By this Agreement, the City does not commit itself to provide any water service to Developer or any other party (or increased wholesale water service to the District) if the Water Service Agreement is not executed by all parties within a reasonable time following plat recordation. Prior to execution of the Water Service Agreement by all parties, the City will not make or allow any connection to its water distribution system of any water system infrastructure constructed by Developer, and will deliver no water through any such infrastructure, unless and until all parties have executed the Water Service Agreement. 5. Should Developer fail to execute the Water Service Agreemenf'and its Addendum contemporaneously with plat recordation, or within a reasonable time thereafter, or should the City be unable to execute the Water Service Agreement due to Developer's failure to comply with the conditions precedent to the City's execution which conditions are set forth in Ordinance No. 20 (1997), Developer understands and agrees that there will be no agreement between the parties for the provision of treated water service by the City to Developer's project or property, and that neither Developer, nor anyone claiming by, through or under Developer will have any claim or cause of action whatsoever against the City, or any right to receive City treated water service for any purpose. 6. Should the City fail to execute the Water Service Agreement and Addendum within a reasonable time after the last .to occur of: 1) Developers' execution thereof; 2) final plat r' recordation; or 3) Developers' substantial compliance with the conditions precedent to the City's execution thereof enumerated in Ordinance No. 20, Series 1997, Developer shall have all remedies available to them at law or in equity, including, but not limited to, specific performance for the execution of said Agreement and Addendum. . IN WITNESS WHEREOF, the parties have executed this Agreement with full authority to do so on the date and year first above written. ~, ATTEST: THE CITY OF ASPEN, COLORADO A Municipal Corporation and Home Rule City By ~J;f10- By UL.,2 ~ ~--r ~~~.~~~ Mayor f" 2 /"""'.. " I""'" f" The foregoing instrument was acknowledged before me this /2..- day of ((l8o/ 1998 by "'/~d ~ . My commission expires ~9fqwitness my hand and 0 .. -. APPROVED AS TO FORM: ~&./~ Aspe City Attorney sfl?/<f2 # , ATTEST: JAMES E. MOORE F AMIL Y, LLLP By Title ~."--'- . By \ '(^-'-'~ General Partner ^\.~~ ----. The foregoing instrgJUent was acknowledged before me this ~a.y o~ 1998 by ~5 A. VI~ . . My commission expires ~ IT ' 19 gg Witness my hand and offi 3 I""'" APPROVED AS TO FORM: PATRICK & STOWELL, P.C. By: Brian L. Stowell 730 East Durant Street Aspen, CO 81611 (970) 920-1028 Attorneys for James E. Moore Family, LLLP -. .~ F:\])ATAIPLEAD\342B5WSA.03C 1"""'. --; 4 f' EXHIBIT "A" CITY OF ASPEN WATER SERVICE AGREEMENT WITH JAMES E. MOORE FAMILY PARTNERSHIP, LLLP This exhibit may be viewed in the City Clerk's office. It has not been included here as it is fairly lengthy to reproduce. I~ -, ~