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ORDINANCE NO. ~'=1~
Series of 2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A FOURTH AMENDMENT TO THE WATER SERVICE AGREEMENT WITH
DR. RICHARD C. PHILLIPS, RAYMOND N. AUGER, AND ALBERT G. TIMROTH AND
DONNA M. TIMROTH, AS AMENDED BY THE FIRST, SECOND AND THIRD
AMENDMENTS THERETO, FOR PROVISION OF TREATED WATER SERVICE TO A
PRIVATE WATER SYSTEM, TO AUTHORIZE THE CITY TO PROVIDE AN ADDITIONAL
2.5 ECUS TO 777 NORTH SPRUCE STREET.
WHEREAS, City Council approved ordinance No. 41, Series of 1997, which authorizes
a Water Service Agreement whereby City treated water service was extended to a private water
system to serve properties on North Spruce Street then owned by Dr. Richard C. Phillips,
Raymond N. Auger, Albert G. Timroth and Donna M. Timroth, and City Council approved
amendments to the Water Service Agreement pursuant to Ordinance No. 27, Series of 1998,
Ordinance No.8, Series of 1999, and Ordinance No. 32, Series of 2000, to allow the private
water system to serve additional specified properties on North Spruce Street; and
WHEREAS, the persons whose lots have been approved for service pursuant to the Water
Service Agreement and its Amendments are referred to the Owners; and
WHEREAS, the North Spruce Street Association is authorized to act on behalf of the
Owners; and
WHEREAS, Warren Lichtenstein, owner of 777 North Spruce Street, a property served
pursuant to the Water Service Agreement for a maximum 00.0 ECUS, has requested 2.5 ECUs
of additional water service to said property, for a total of 5.5 ECUs; and
WHEREAS, Mr. Lichtenstein and the North Spruce Street Association have requested that
the Water Service Agreement be amended a fourth time to permit service to an additional 2.5
ECUs for 777 North Spruce Street; and
WHEREAS, the City Council has had an opportunity to review with City staff the
proposed additional service of 2.5 ECUs to provide a total of 5.5 ECUs to 777 North Spruce
Street,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1.
The City Council ofthe City of Aspen hereby determines that the proposed
provision of City water to an additional 2.5 ECUs to serve 777 North Spruce Street, which is
already served by the North Spruce Street private water system, is in the best interest of the City
and the City Council therefore agrees to allow additional City water service to the North Spruce
Street private water system to serve an additional 2.5 ECUs at 777 North Spruce Street on the
terms and conditions set forth in the Fourth Amendment to Water Service Agreement attached
hereto and incorporated herein by reference.
Section 2.
This ordinance shall not have any effect on existing litigation and shall not
operate as an abatement of any action or proceeding now pending under or by virtue of ordinances
repealed or amended as herein provided, and the same shall be construed and concluded under
such prior ordinances.
Section 3.
If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
Section 4. A public hearing on the ordinance shall be held on the o2E' day
of a-~ ' 2006, 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 ~ay of
Attest:
'A
City Clerk
~
A. FINALLY ADOPTED, PASSED AND APPROVED THIS ~
A~ ,2006.
DAY OF
Attest:
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F:\Client Files\Aspen\North Spruce WSA\ordinance re fourth arnend.wpd
FOURTH AMENDMENT TO CITY OF ASPEN WATER SERVICE AGREEMENT
This Fourth Amendment is made , 2006, in Aspen, Colorado, to that certain
Water Service Agreement dated December 15, 1997, as amended by the First, Second and Third
Amendments thereto. The parties to this Fourth Amendment are the City of Aspen, a Colorado
municipal corporation and home rule city, whose address is 130 South Galena Street, Aspen, CO,
81611 ("City"), the North Spruce Street Association, whose address is c/o Camilla Auger, 225
North Mill Street, Suite 208, Aspen, CO 81611, and which is authorized to act on behalf those
persons identified as "Owners" in the Water Service Agreement and the Amendments thereto,
and Warren Lichtenstein ("Lichtenstein"), whose address is 777 North Spruce Street, Aspen, CO
81611.
In consideration of the mutual promises and covenants set forth below, the parties agree
as follows:
1. The above-described Water Service Agreement and Amendments were recorded
with the Pitkin County Recorder as follows:
Name of Agreement Date Recorded Reception Number
Water Service Agreement OS/27/1998 417351
First Amendment and 03/08/1999 428533
Pretapping Agreement
Second Amendment 06/30/2000 444698
Third Amendment 11/13/2000 448746
The Water Service Agreement and all amendments are herein collectively referred to as
the "North Spruce Street Water Service Agreement."
2. The North Spruce Street Water Service Agreement set forth the terms and
conditions under which the City agreed to provide municipal water service to a private water
system to be constructed, operated, owned, maintained, repaired and replaced by the Owners and
their successors. The Pretapping Agreement authorized certain connections of individual service
lines to the water main in advance of connection of the service lines to residential structures.
3. Paragraph 11 ofthe original Water Service Agreement provides that others may
connect to the private water system upon amendment of the North Spruce Street Water Service
Agreement and payment by such parties of any recoupment charges imposed by Owners in
addition to tap fees and other payments required to be made to the City pursuant to the North
Spruce Street Water Service Agreement. Paragraph 8 of the First Amendment authorizes the
North Spruce Street Association to approve any additional connections to the private water
system. The Second and Third amendments authorized connection of certain additional parcels
to the private water system.
FOURTH AMENDMENT TO CITY OF' ASPEN WATER SERVICE AGKEEMENT
This Fourth Amendment is made _ , 2006, in Aspen, Colorado, to that certain
Water Service Agreement dated December 15, 1997, as amended by the First, Second and Third
Amendments ilrereto. The parties to this Fourth Amendment are the City of Aspen, a Colorado
municipal corporation and home rule city, whose address is ] 30 South Galena Su'eei, Aspen, CO,
81617 ("Cit}~'), the North Spntce Street Association, whose address is c/o Camilla Auger, 225
North Mi11 Street, Suite 208, Aspen, CO 81611, and which is authorized to act on behalf those
persons identified as "Owners" in the Water Service Agreement and the Amendments thereto,
and Warren Lichtenstein ("Lichtenstein"), whose addt'ess is 777 North Spruce Street, Aspen, CO
81611.
1n consideration of the mutual promises and covenants set forth below, the patties agree
as follows:
1. The above-described Water Service Agreement and Amendments were recorded
with the Pitkin County Keeorder as follows:
Name ofAgreemeral Date Recorded Reception Number
Water Service Agreement 05/27/1998 417351
First Amendment and
Pretapping Agreement 03!08/1999 428533
Second Amendment 06/30/2000 444698
'fhit'd Amendment 1 V13/2000 448746
The Water Service Agreement and all amendments are herein collectively referred to as
the "North Spruce Street Water Service Agreement."
2. The North Spruce Street W ater Service Agreement set forth the terms and
conditions under which the City agreed to provide municipal water service to a private water
system to be constntcted; operated, owned, maintained, repaired and replaced by the Owners and
their successors. The Pretapping Agreement. authorized certain connections of individual service
lines to the water main in advance of connection of the service lines to residential struchrres.
3. Paragraph I 1 of the original Water Service Agreement provides that others may
connect to the private water system upon amendment of the North Spruce Street Water Service
Agreement and payment by such parties of any recoupment charges imposed by Owners in
addition to tap fees and other payments required to be made to the City pursuutt to the North
Spruce Street Water Service Agreement. Paragraph 8 of the First Amettdment authorizes the
North Spruce Street Association to approve any additional connections to the private water
system. The Second and "Third amendments authorized cotmection of certain additional parcels
to the private water system.
s/as
4. Lichtenstein is the owner of the property located at 777 North Spruce Street (the
"Subject Property.") The Subject Property was included in the original Water Service
Agreement, and 3.0 ECUs were authorized for service to the Subject Property.
5. Lichtenstein has requested and obtained permission from the North Spruce Street
Association to add to 2.5 ECUs to the service presently provided to the Subject Property so that a
total of 5.5 ECUs may be served by the private water system. In addition, Lichtenstein has
provided to the City engineering reports from Resource Engineering, Inc. dated January 28, 2006
and February 10, 2006, which state that, with certain pump upgrades, such service can be safely
provided by the Williams Ranch Pump Station, and has obtained consent of the Silverlode
Homeowners Association (which owns the Williams Ranch Booster Pump Station) and the North
Spruce Homeowners Association, to this increased service. Lichtenstein has also agreed to pay
to the City any increased tap fee, well system development fee, and payment in lieu of water
rights and utility connection charges required by the City in order to add the additional 2.5 ECUs.
6. Lichtenstein, by executing this Amendment, confirms, on behalf of himself, his
heirs, successors and assigns, that he is bound as the Owner of the Subject Property to all ofthe
terms and conditions ofthe North Spruce Street Water Service agreement.
7. The North Spruce Street Association and the City hereby agree that water service
to an additional 2.5 ECUs will be provided to the Subject Property pursuant to the North Spruce
Street Water Service Agreement, for a total commitment to the Subject Property of 5.5 ECUs,
and that Lichtenstein, his heirs, successors and assigns as Owner ofthe Subject Property, will
continue to be subject to, and benefit from, all of the terms, conditions, benefits and burdens of
the North Spruce Street Water Service Agreement, provided, however, that the City's obligation
to provide additional water service to the Subject Property hereunder is expressly conditioned
upon satisfaction of the following conditions prior to issuance of a Utility Connection Permit for
said additional service:
(I) Proof of abandonment of the well located on the Subject Property in accordance
with all applicable State laws, rules and regulations;
(2) Proof that the pump station upgrades to the Williams Ranch Pump Station, as
recommended in the Report of Resource engineering dated , have been
completed; and
(3) Payment to the City of all required tap fees, well system development fees,
payments in lieu of water rights, and utility connection charges.
8. The City agrees that, as a result of this Amendment, it will provide additional
treated water to the private water system in an amount not to exceed 2.5 ECUs (in addition to the
3.0 ECUs already provided by the City for the Subject Property), or a maximum increase of 1.06
acre-feet per year. The amount of water to be provided to the private water system pursuant to
paragraph 1 of the original North Spruce Street Water Service Agreement is therefore an amount
4. Lichtenstein is the owner of the property located at 777 North Spruce Street (the
"Subject Property.") The Subject Property was included in the original Water Service
Agreement, and 3.0 ECUs were authorized for service to the Subject Property.
5. Lichtenstein has requested and obtained permission from the North Spnuce Street
Association to add to 2.5 ECUs to the service presently provided to the Subject Property so that a
total of 5.5 ECUs may be served by the private water system. In addition, Lichtenstein has
provided to the Cily engineering reports from Resource Engineering, Inc. dated January 28, 2006
and February 10, 200(1, which state that, with certain pump upgrades, such service can be safely
provided by Che Williams Ranch Pump Station, and has obtained consent of the Silverlode
Homeowners Association (which owns the Williams Ranch Booster Pump Station) and the North
Spruce Homeowners Association, to this increased service. Lichtenstein has also agreed to pay
to the City any increased tap fee, well system development fee, and payment in lieu of wafer
rights and utility connection charges required by the City in order to add the additional 2.5 ECUs.
6. Lichtenstein, by executing this Amendment, confirms, on behalf of himself, his
heirs, successors and assigns, that he is bound as the Owner of the Subject Property to all of the
terms and conditions of the North Spruce Street Water Service agreement.
7. The North Spruce Street Association and the City hereby agree that water service
to an additional 2. S ECUs will be provided to the Subject Property pursuant to the North Spruce
Street Water Service Agreement, for a total commitment to the Subject Properly of 5.5 ECUs,
and that Lichtenstein, his heirs, successors and assigns as Owner of the Subject Property, witl
continue to be subject to, and benefit from, all of the terms, conditions, benefits and burdens of
the North Spmce Street Water Service Agreement, provided, however, that the City's obligation
to provide additional water service to the Subject Property hereunder is expressly conditioned
upon saflsfaction of the following conditions prior to issuance of a Utility Connection Permit fox
said additional service:
(1) Proof of abandonment of the well located on the Subject Property in accordance
with all applicable State laws, rules and regulations;
(2) Proof that the pump station upgrades to the Williams IZanch Pump Station, as
recommended in the Report of Resource engineering dated ~& Ub ,have been
completed; and
(3) Payment to the City of all required tap fees, well system development. fees,
payments in lieu of water rights, and utility connection charges.
8. I'he City agrees that, as a result of this Amendment, it will provide additional
treated water to the private water system in an atnount not Co exceed 2.~ ECIIs (in addition to the
3.0 IsCUs already provided by the City for the Subject Property), or a maximum increase of 1.06
acre-feet per year. The amount of water to he provided to the private water system pursuant to
paragraph 1 of the original North Spruce Street Water Service Agreement is therefore an amount
of water sufficient to serve 28.1 ECUs with a maximum total of 11.06 acre-feet of water per
year.
9. Lichtenstein's address for purposes of paragraph 29 of the original Water Service
Agreement is
Warren Lichtenstein
777 North Spruce Street
Aspen, CO 81611.
Said address may be changed as provided in the North Spruce Street Water Service
Agreement.
10. This Fourth Amendment shall be recorded at the expense of the North Spruce
Street Association, and along with the North Spruce Street Water Service agreement, shall
constitute covenants running with the land.
11. Except as herein specifically amended, the North Spruce Street Water Service
Agreement remains in full force and effect.
Dated: 0;. r d. ~ CJ..roC:,
NORTH SPRUCE STREET ASSOCIATION
By (' iJ,.. ,r. ~
Title: Ai...,... ~ .q:;OD ~ ~~.,J .
~J l"\r:Ju.,).4'f~
Warren Lichtenstein
of water sufficient to serve 281 ECUs with a maximum total of 11.06 acre-feet of water per
year.
9. Lichtenstein's address for purposes of paragraph 29 of the original Water Service
Agreement is
Warren Lichtenstei^
777 North Spntce Street
Aspen, CO 81611.
Said address maybe changed as provided in the North Spruce Sheet Water Service
Agreement.
I0. This Fourth Amendment shall be recorded. at the expense of the North Spruce
Street Association, and along with the North Spruce SheeC Water Service agreement, shall
constitute covenants rum~ing with the land.
l1. Except as herein specifically amended, the North Spruce Street Water Service
Agreement remains in fitll force and effect,
Dated: ~ ~ ~~ ~o _
CITY OF S ATTL' T: ~ ~,
ayor City Clerk
NOR'p13 SPRUCE STREET ASSOCIATION
By-- -~-~~~_.
'~'
~c~~2~,_ _ t _,
--- _ _ -
arren Lichtenstein