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HomeMy WebLinkAboutordinance.council.026-01 ORDINANCE NO. ~-~.~:::, Series of 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. APPROVING A WATER SERVICE AGREEMENT WITH THE PITKIN COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS F'OR PROVISION OF WATER SERVICE TO ^ PROJECT KNOWN AS THE PITKIN COUNTY SHOP AND CABIN. IN PITKIN COUNTY~ COLORADO. WHEREAS, the Board of County Commissioners of Pitldn County, Colorado, submitted an Application for Water Service to the City Water Department, requesting expanded water service for a cabin associated with the Pitkin County shop; and WHEREAS, the property for which expanded water service has been requested is located in Pitkin County, and not within the City limits of the City of Aspen; and WHEREAS, the City has determined that provision of the expanded water service requested by the County will also provide the City with an opportunity to better provide water service and fire protection to the adjacent snow disposal site and the site of the future animal shelter; and WHEREAS, Section 25.12.020 of the Aspen Municipal Code provides that any extension of City water service outside the corporate limits of the City of Aspen shall be made pursuant to an agreement with the City and in accordance with the City of Aspen water main extension policy and, further, that the City may grant water service only upon a determination that no conflict exists between the best interests of the City and the prospective water use, and that the City may impose such contract requirements as it deems necessary to safeguard the best interests of the City; and WHEREAS, the City Council has adopted by Resolution No. 5, Series of 1993, as amended, policies to guide municipal water system development and services beyond the City limits; and WHEREAS, said policies require the City Council to make a determination that the proposed water service extension complies with said policies and is in the best interests of the City of Aspen; and WHEREAS, the City Council has had an opportunity to review with City staff the proposed extension of expanded water service to the Pitkin County shop and cabin, and the opportunity for the City to provide better water service and fire protection to the adjacent snow disposal area and future animal shelter, NOW, THEREFORE, BE IT ORDAiNED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT Section 1. The City Council of the City of Aspen hereby determines that the proposed provision of expanded City water service to the Pitkin County shop, cabin and related facilities' located outside the City limits of the City of Aspen is in the best interests of the City, complies with the City's Code and policies regarding extraterritorial extension of water service, and provides the City with an opportunity to provide water service and fire protection more efficiently and cost- effectively to the City's adjacent snow disposal area and to the Site of the proposed animal shelter. Section 2. The City Council of the City of Aspen therefore agrees to extend expanded City water service to the Pitkin County shop, cabin and related facilities on the terms and conditions, including the cost sharing arrangements set forth in the Water Service Agreement attached hereto and incorporated herein by reference. Section 3. 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 4. 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. . n 5. A public hearing on the ordinance shall be held on the Jc~ day of~ ~,' 2001, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as Provided by law by the City Council of the City on the ~,-~ da3 of Aspen . ^ Aftest: Kathryn S. I~c~-City Clerk _ FINALLY ADOPTED, PASSED AND APPROVED THIS /.~ DAY OF AtteSt: ' ' % . Katkryn s~oc~i cit3 Ciera'---- I CITY OF ASPEN WATER SERVICE AGREEMENT (New Developmen0 ~.. This Water Service Agreement is entered into this day of , o)~, in Aspen. Colorado, betWeen THE CITY OF ASPEN, a ~olorado municipal corporation and home rule city whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereafter the "City"), and Pitkin County, a Colorado county, with its principal office located at 530 East Main Street, Aspen, CO 81611 (hereafter "the County"). WITNESSETH WHEREAS, the City owns and operates the City of Aspen water system in accordance with the laws of the State of Colorado, and in accordance with the charter, ordinances, rules, regulations, policies and resolutions of the City of Aspen, and this Agreement is entered into in conformity with, and subject to, all such laws, charter, ordinances, rules, regulations, policies and resolutions; and WHEREAS, the County is the owner of certain real property comprising approximately 7.68 acres situated in Pitkin County, Colorado, as more particularly described in Addonclurn 7, and referred to in this Agreement as the "Subject Property"; and WHEREAS, the County has relocated and installed on the Subject Property a cabin that is to be used for employee housing, and wishes, jointly with the City, to upgrade an existing City water line and extend it to serve the cabin, other existing County buildings, and the City's proposed animal shelter, as described on/ldrlondttrn £ hereto (referred to herein as the "Project"); and WHEREAS, the County seeks to obtain municipal water service from the City for the Project on the Subject Property, and the City wishes to upgrade its water main in co~mection with installation of utilities needed to serve the cabin; and WHEREAS, the Subject Property is located outside the corporate limits of the City; and WHEREAS, the necessary approvals for the Project have been granted by the Board of County Commissioners for Pitkin County by authorizing expenditures for the Project pursuant to Resolution No.00-073; and WHEREAS, water service for the Project will require the construction and installation of certain water mains, lines and related facilities as described in this Agreement; and WHEREAS, the Municipal Code of the City of Aspen, Colorado (the "Code"), requires that the extension of water service outside the boundaries of the City shall be made only pursuant to a wTitten agreement with the City, that the City shall not be obligated to extend such service, and may provide such service only upon a determination that it is in the best interests of the City, and that the City may impose such requirements by agreement as it deems necessary or appropriate to protect its best interests; and WHEREAS, the City generally requires a loop system or a cross-tie system (at the County's expense) such that when water main extensions are made, such extensions shall be made in a manner that will allow cross-counection with another of the City's treated water mains to create a looped system; and WHEREAS, the City's Water Service Extension Policy permits water service extension only upon demonstration that such extension will meet the policy goals and requirements of Resolution No. 5 (Series of 1993) as amended, [codified at Section 25,12.020(b) of the Aspen Municipal Code as the same may be further amended from time to time]; and WHEREAS, the City has determined that this Agreement and all covenants herein are necessary to comply with the Code and the City's water policies; and WHEREAS, the City is not hereby representing that it is a regulated public utility, or holding itself out to the public in general as capable of or intending to provide water service extraterritorially; and WHEREAS, the Code provides for the rating of new or expanded water service based on potential water demand as expressed in equivaient capacity units (hereafter "ECU"); and WHEREAS, the City desires to encourage the use of raw water supplies for certain outdoor irrigation where consistent with the Code and practical and feasible so as to reduce the dependence on treated water for this purpose and to minimize the costs of providing treated water service to the Project and the Subject Property; and WHEREAS, the County has submitted its Application for Water Service Extension (the "Application") and has paid all fees required in connection with the Application, or such fees have been waive& The Application, and all attachments, addenda and exhibits thereto have been relied upon by the City in authorizing this Agreement; and WHEREAS, the City has approved the Application, and is willing to provide water service to the County on the terms and conditions of this Agreement; THEREFORE, in consideration of the premises and the mutual promises and covenants contained herein, the City and the County agree as follows: 14Zater Service,4greement (new developmenO 12/97 (rev. 04/01) 2 PURPOSE OF AGREEMENT 1. Water Service to Pmiect and Subject Property. The City hereby agrees with the County to provide treated water service to the Project and the Subject Property under the terms of this Agreement in such quantities and to the extent herein provided so as to serve the structures and uses authorized by for the Project as summarized un,4ddendum 2. The County understands that the City ~vill be the sole provider of raw water service (if any is used on the Subject Property) and treated water to the Project and the Subject Property. Pursuant to this Agreement, the City shall provide treated water service adequate to meet the approved demands and uses of the Project (including the cabin and the existing Comity buildings on the Subject Property which already receive City water service, provided, however, that the City shall not be required to supply water to serve more than 13.85 ECUs for the cabin and other improvements on the Subject Property, and further provided, that the maximum volume of treated water the City shall be required to provide to the Project and the Subject Property pursuant to this Agreement shall not exceed 5.66 acre-feet per year. Only those structures and uses approved by Pitkin County for the Project and the Subject Property may be served under this Agreement. 2. Limitation of Time to Provide Service. The City's obligation to provide water service to the Project and the Subject Property pursuant to this Agreement shall terminate if the County has not completed construction of the water transmission and distribution mains, lines, and related facilities described on Exhibit B by January l, 2001 unless completion of construction is delayed by force majeure as defined in paragraph 30 below, in which case the deadline shall be extended by the same munber of days as the force majeure delay that prevented completion of construction. CONSTRUCTION AND COST SHAffiNG 3. Mains, Lines and Facilities. The County will design and construct the water transmission and distribution mains, associated facilities and internal distribution lines for the Project in accordance with and subject to the City's design, materials and construction specifications and approval. The City and the County acknowledge that the Project includes installation or upgrade of utilities other than water mains, lines and related facilities, and that both will benefit from upgrades and new utilities described on Exl~ibit B so cost-sharing is appropriate. The estimated total cost of all utility construction and installation associated with the Project is $84,889.20, and will be allocated as follows: a. City's Allocation. (1) Water Department. The City Water Department will reimburse the County for the estimated $19,912.68 to be incUrred in connection with a portion of the waterline upgrade and installation and for the abandonment of existing lines. ~V~ter Service Agreement (new development) 12/97 (rev. 04/01) 3 (2) Streets Department. The City Streets Department will reimburse the County for the estimated $5,407.26 to be incurred in connection with the extension and installation ora new filter hydrant in the City's snow lot located west of the Cabin. (3) Assets Department. The City Assets Department will reimburse the County for the estimated $21,654.78 to be incurred for the costs of: (1) a portion of the water line upgrade; (2) half (50%) of the estimated costs for the extension of electrical lines and a transformer; and (3) an extension of the gas line, all of which will be utilized by the Animal Shelter. b. County's Allocation. The County Public Works Department shall be solely responsible for the estimated $37,914.48 in costs related to the utility extensions of water, electric, gas and phone lines for the Project. The allocations referenced in subparagraphs a and b above are based upon current cost estimates for the Project. The City and County will be allocated any increase in Project costs based upon the overall percentage of the actual costs of the Project and the City and County will have the right to review and approve all additional costs associated with the Project. Upon completion of the Project, the County will invoice each of the above-named City DePartments for its agreed upon portion of the construction costs for the Project. 4. Preconstruction Exhibits. The following exhibits concerning the water utility component of the Project have been prepared by the County and have been reviewed and relied upon by the City in entering into this Agreement, and shall not be substantially modified without the City's agreement: Exhibit ,~: Description of existing facilities, if any, that will be incorporated into the water system infrastructure for the Project. Exhibit B: General DescriPtiOn of the Project, including facilities and uses. Exhibit C: a. Reduced-size copies of the final plans for the water mains, lines and facilities to be constructed pursuant to this Agreement, as approved by the City. b. Schedule for completion of the Project water mains, lines and associated facilities to be constructed pursuant to this Agreement as approved by the City. Exhibit D: a. Estimated gross water requirement (gpd) and water flow requirements for the Project for in-building use at full development, and estimated treated water Water Service Agreement (new developmen0 12/97 (rev. 04/01) 4 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. c. Description of general location of easements to be conveyed to the City. 5. Final Plans, The City has approved the final plans and specifications for the water mains, lines and facilities to serve the Subject Property. No substantial changes shall be made to the approved final plans and specifications without the City's prior written approval. The County shall contact the City Water Department at least ten (10) working days prior to commencement of construction to arrange a preconstruction meeting between representatives of the Water Department, the Water Department's inspector, and the County's engineer and contractor to review the final plans and any minor modifications thereto, to discuss construction scheduling, arrangements for the advance deposit of the City's construction inspection fees, and any other matters that the parties deem necessary. The County's registered professional project engineer shall inspect and certify the design and installation of all water system mains, lines and facilities to be constructed pursuant to this Agreement. 6. Bond Requirements. Prior to commencement of construction, The County shall obtain one or more perforrnance and completion bonds naming the City as a third-party beneficiary thereof, in the amount of 100% of the water system construction costs (including the amounts to be reimbursed by the City as provided in paragraph 3, the portion of the bonding attributable to such portion of the costs to be reimbursed by the City.) Such bonds shall be in form acceptable to the City Attorney and shall ensure completion of and payment for the construction, and hold the City harmless for payment to the contractor or any subcontractors, materialmen, or others involved in the construction of the water transmission and distribution mains, lines and associated facilities, or for the provision of materials therefor. The County shall assign to the City all warranties from materialmen and suppliers which warrant the water system improvements constructed by the County free and clear of defects for a period of two (2) years from the date of completion construction. In addition, the County shall obtain and assign to the City (in form approved by the City Attorney) a maintenance or ~varranty bond equal to one hundred percent (100%) of the water service system construction costs (including the amounts to be reimbursed by the City as provided in paragraph 3, the portion of the bonding attributable to such portion of the costs to be reimbursed by the City), ensuring the proper condition and operation of such water service system for a period of two (2) years from the date of acceptance of the system by the City. 7. No Conveyance of Water Rights and Structures. The County shall not be required to convey water rights or payment in lieu of water rights to the City pursuant to this Agreement inasmuch as the County is a public entity, the City already provides water service to a portion of the Subject Property, and the City expects to obtain additional benefits as a result of the County's construction of water system infrastructure as herein provided. Therefore, the City Council has ;tTater Service Agreement (new development) 12/97 (rev. 04/01) 5 elected to waive, in this case only, the requirement of conveyance of water rights or payment in lieu of water rights. Such waiver shall not be deemed or construed as a general waiver of the City's water policies, nor as an agreement that the City will or may waive its water policies in the future in any other contract or agreement with the County. 8. Construction. Upon completion of the prerequisites described in paragraphs 3 through 7 above, the County shall proceed with due diligence to construct the water transmission and distri- bution mains, lines and associated facilities in accordance with the plans and specifications and the construction schedule. No construction shall occur betweenNovember 1 and April I without written permission of the City's Water Department. An automated meter reading system shall be installed for all connections to the upgraded water main. 9. Fees. Unless waived by the Water Department or the City Council, all fees imposed by the City in connection with reviewing and approving this Agreement, the design drawings and construction plans, as well as construction inspection fees, shall be reimbursed by the County. An advance deposit for construction inspection fees shall be required at the preconstruction meeting described in paragraph 5 above. The County shall also be responsible for timely acquiring and paying for all permits and permit fees from entities other than the City necessary for construction of the mains, lines and associated facilities. 10. Inspection of Construction. Construction must be inspected by the City's engineers or other designated personnel prior to burial or final installation. The County shall give the City Water Department two business days advance notice when the mains, lines and/or associated facilities are ready for burial or installation, and the City's engineer or agent shall inspect said mains, lines and/or associated facilities within two working days of such notice. The County shall timely pay all construction inspection fees. 11. Easements. The County shall obtain at its own cost and convey in perpetuity to the City as-built non-exclusive easements for water mains, lines, and other water thcilities, along with all necessary access easements for maintenance and repair purposes ("easements"). All easements on, over or through property located ontside of public fights-of-way shall be surveyed at the the County's cost. The water main and water line easements must be large enough to provide the City with at least ten (10) feet on either side of water mains and lines and must specify that (1) sewer lines must be located at least ten (10) feet from any water main or line, and (2) other utilities must be located at least five (5) feet away from any water main or line. Access easements and easements for other facilities shall be ora size determined by the City to be reasonably necessary for the operation, maintenance and repair of the facility to be located on such easement. Each party shall be solely responsible for any injury or damages, including costs and attorneys' fees, to persons or property arising from its own negligent acts or omissions occurring on or resulting from its use or occupation of any easement premises. Nothing contained herein, however, shall constitute or result in any waiver or diminishment of any defense or limitation available to the City or the County under the Colorado Governmental Immunity Act or other applicable law. Water Service Agreement (rtew developmenO 12/97 (rev. 04/01) 12. Testing - Conveyance; As-Built Drawings. Upon completion of construction and before any water is delivered pursuant to this Agreement, all distribution and transmission mains and all associated water lines and facilities shall be tested. Upon approval by the City of the test results and delivery to the City of the required maintenance and warranty bonds, surveyed as-built drawings and all required easements, the City shall accept the water system infrastructure for the Project, and it shall be conveyed (excluding individual service lines) with all necessary non-exclusive easements to the City, free and clear of all liens and encumbrances, by deed in form acceptable to the City Attorney. Performance and payment bonds provided by the County pursuant to paragraph 6 above shall be adjusted to reflect the final actual construction costs. The maintenance or warranty bond required by paragraph 6 above must be in place and must reflect the actual construction costs prior to the City's acceptance of any main, line or facility. As-built drawings of the Project, including the water system and all other utilities, shall be provided to the City on reproducible sepias with a maximum size of 24" x 36", and on an "auto cad disk data transfer file" tied into one (1) set of state plane coordinates. WATER SERVICE 13. Treated Water Servicel Upon completion of construction and acceptance of the water distribution and transmission mains and lines, the associated facilities and easements by the City, the City will provide treated water service to the Subject Property to no more than the total number of ECUs provided for by the approved final design drawings, provided that the maximum volume of water the City shall be required to supply each year shall not exceed the mount (in acre-feet) set forth in paragraph 1 above. Any change in the treated water service requirements for the Subject Property will require approval by the City, and amendment of this Agreement. The treated water to be delivered by the City pursuant to the terms of this Agreement may be used for all lawful in-building municipal purposes, and for fire protection and the normal and reasonable outside irrigation of trees, lawns and gardens. The County agrees that treated water irrigation of the Subject Property shall not exceed 20,670 square feet of lawn and garden irrigation by drip or sprinkler irrigation means. Notwithstanding the foregoing, all water use will be consistent with the City's Water Policy Resolution (Resolution No. 5, as amended, (Series of 1993)), and water conservation ordinances. 14. Raw Water Service. The City may, at its election, provide raw water for irrigation purposes on the Subject Property to the extent it is able to do so utilizing its existing raw water ditch irrigation system, or any future raw water irrigation system it may develop. The County understands and agrees that the City shall be the sole provider of raw or treated water for irrigation pursuant to this Agreement, and that unless this Agreement is amended, neither the Comity nor any owner or user of the Subject Property will develop or utilize independem raw water systems and/or water rights or wells within the Subject Property. 15. Tap Fees and System Development Charges - Computation and Payment; Scheduling of Taps. All tap fees for treated water service herein provided shall be assessed utilizing the City's Water Service Agreement (new development) 12/97 (rev. 04/01) 7 prevailing applicable tap fee at the time of application for a building permit for the structure for which service is sought. No water service shall be provided to any structure absent payment of the appropriate tap fee and any applicable hookup charges. Tap fees and hookup charges shall be paid at the time of building permit issuance. The City Water Department shall determine scheduling of all physical taps or connections to the main lines. The County shall also pay to the City a well system development charge in the mount of $400 per ECU. The total well system development charge for the entire Project on the Subject Property must be paid in full before construction of the water system infrastructure is commenced. 16. Service Lines. Each service line shall be metered in accordance with the Code at the sole expense of the County and cross-cotmection and backflow prevention devices will be installed at the County's expense. 17. Limitations on Provision of Water Service. This Agreement is only for the supply of treated water service as herein described and no expansion of uses, connections, or water service beyond those set forth herein and in the Addenda and Exhibits hereto is in any way authorized by this Agreement. The City is not by this Agreement prejudging, certifying or guaranteeing its ability to provide treated water service to any use or structure except as provided herein, nor may this Agreement be used as evidence of approval of any land use requests, or as evidence of approval of water service for any land use request, except as provided herein. 18. Service Subject to the City Charter, Codes, Rules, Regulations and Policies. The County and its successors in interest shall be bound by, and all water service provided hereunder shall be subject to, all applicable provisions of the Charter of 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, including the requirement that the City be the sole provider of raw and treated water to the Subject Property. 19. Rules Regarding Water Use. The County agrees to adoPt all provisions set forth herein as rules and regulations governing the use of water on the Subject Property and for the Project, and agrees that this Agreement and the Addenda and Exhibits hereto shall be recorded as covenants running with the land and shall be as fully enforceable on the Subject Property as if the same were situated inside the City. The County agrees to assist the City in every manner reasonably possible to enforce the City's ordinances, rules and regulations made to protect purity, safety and supply of the water delivered pursuant to this Agreement, including curtailment during times of shortage, elimination of any potential cross-connections, and the utilization of water conservation devices as set forth in the Code. The County also agrees to prohibit all tmnecessary or unreasonable waste of water on the property served by this Agreement, and to make reasonable efforts to enforce such prohibition, The unreasonable or unnecessary waste of water shall be defined as set forth in the Code. 20. Source of Water Supply. The parties to this Agreement recognize that the City's water supply is dependent upon sources from which the SuPply is variable in quantity and quality Water Service Agreement (new developmenO 12/97 (rev. 04/01) @ and beyond the City's reasonable control; therefore, no liability shall attach to the City under this Agreement on account of any failure to accurately anticipate availability of water supply or because of an actual failure of water supply due to drought, inadequate runoff, poor quality, failure of infrastructure, or other occurrence beyond the City's reasonable control. 21. No Guaranty of Water Quality, Quantity or Pressure. The City makes no promise or guarantee of pressure, quantity or quality of water supply for any purpose, including fire suppression, except as specifically provided herein or as is required by applicable federal, state and local laws and regulations. The City agrees to treat its water to meet all mandatory local, state and federal potable water standards and to exercise reasonable care and foresight in furnishing water hereunder equal in quality to that furnished inside the City. 22. 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, the County shall have no obligation to create any particular volume of return flow from the water furnished under this Agreement. The County agrees to cooperate with the City in measuring and reporting return flows to the extent such measuring and reporting are required by the Colorado State Engineer or his agents. VIOLATIONS 23. Enforcement by the City. The pan'les to this Agreement recognize and agree that the City has the right to enforce its rules, policies, regulations, ordinances and the terms of this Agreement by the disconnection of the supply of water provided hereunder. Additionally, in the event that the County 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, the County 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 23, if an individual owner or lessee within the Subject Property (other than the County) commits a violation with regard to water delivered to his owned or leased property, only that individual owner's or lessee's water service shall be disconnected, and enforcement actions will be directed toward that violator, and not toward those who are not violating this Agreement. Water Service Agreement (new development) 12/97 (rev. 04/01) TERMINATION 24. 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. 25. 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 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 will not be impaired by any amendment to the Code unless such amendment (or impairment) is mandated by state or federal law. interest, shall petition for and/or consent to the Subj ect"Pt~t~rty, or those portions thereof as deemed appropriate by the City, to the at such time(s) a-'ks, d~etermined by the City. Such mmexation(s) shall not divest ~ use approvals or dev~ent rights awarded by Pitkin County for t~j~P~ )ject or the Subject Property, to the extent such'~r~als and rights are legally ~SLoffToehalf c f the County prior to annexation to the City. Land use ap~ls or development not vested in accordance with law prior t~n shall be subject tB'~ and upon annexation. Failure o£the County orits success. proceedings as herein reqt Agreement authorizing the City to terminate the same. or its successors in interest to uired shall to commence and/or ,n their behalf, in which event the Cit~ and the County shall pay, all costs and fees ~otwithstanding GENERAL PROVISIONS 27. 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. The County 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. Water Service Agreement (new development) 12/97 (rev. 04/01) lO The parties agree that in the event the City is held to be a regulated public utility by virtue of this Agreement, this Agreement shall terminate and be of no further force or effect. 28. No Waiver. Failure of a party hereto to exercise any right hereunder shall not be 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 fight it may have hereunder. 29. Notices. All notices required to be given shall be deemed given upon deposit in the United States mail, first class postage prepaid, properly addressed to the person or entity to whom directed at his or its address shown herein, or at such other address as shall be given by notice pursuant to this paragraph. Copies of such notices shall also be sent in the same mariner to the City Attorney, City of Aspen, 130 South Galena Street, Aspen, Colorado 81611. 30. Force Majeure. No party shall be held liable for a failure to perform hereunder due to wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside of the control of that party. 31. Severability. If any provision of this Agreement shall be or become invalid or unenforceable, the remainder of the provisions shall not be affected thereby, and each and every provision shall be enforceable to the fullest extent permitted by law. 32. Amendment; Assignment. Neither this Agreement, nor the obligations of either party hereto, nor the right to receive water service hereunder, may be amended or assigned without the written consent of the parties hereto,. 33. Entire Agreement. Except as otherwise provided herein, this Agreement, including its Addenda and Exhibits, supersedes and controls all prior written and oral agreements and representations of the parties and is the total integrated agreement among the parties governing the matters provided for herein. 34. Interpretation. Titles and paragraph headings shall not be used to alter the meaning of this Agreement. 35. Binding Agreement - Recording. This Agreement is binding upon the parties hereto, their successors and assigns, and any sale of the Project, the Subject Property, or any portion of either shall be subject to this Agreement as provided herein. This Agreement, including the Addenda and Exhibits hereto, shall be recorded with the Pitkin County Clerk and Recorder at the County's expense, and shall impose covenants running with the land upon all of the Subject Property. Deeds to subsequent owners shall provide notice of this Agreement and the obligations contained herein. 36. Governing Law; Venue; Attorneys' Fees. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the law~ of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding BZa/er Service Agreement (new developmen0 12/97 (rev. 04/0]) the terms of this Agreement or the rights and obligations of the parties hereto, the parties agree to submit the controversy to mediation prior to the institution of litigation. In the event litigation is nevertheless instituted, the prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorneys' fees. 37. Authorization of Signatures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 38. Counterparts. This Agreement may be signed using counterpart signature pages, with the same force and effect as if ail parties signed on the same signature page. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above wTitten. THE CITY OF ASPEN, COLORADO ATTEST: A Municipal Corporation and Home Rule City CityClerk ~/ '- / MaYor// /~ /'q - APPROVED AS TO FORM: A s/..~n,~it ~- ~--t~orney - Pitkin County ATTS.S~ ' By APPROVED AS TO FO~: Pitki~~ey ~ [-~ ~ ~ ~ater Se~ice ~greement (new developmenO 12/97 (rev. 04/01) ~2 Water Service Extension Outside City Limits ADDENDUM 1 (Amended) Legal Description of the Real Property to be served: A tract of land situated in Section 34, Township 9 South, Range 85 West of the Sixth Principal Meridian described as follows: Beginning at a point on the northeasterly right-of-way line of Colorado State Highway No. 82 whence the Southeast Comer of said Section 34 bears S 43o09'33" E 3110.74 feet, thence continuing along said right-of-way along the arc of a curve to the right having a radius of 2204.33 feet and an included angle of 3°53'11" for a distance of 149.52 feet, said curve having a chord bearing of N 20°35'15" W 149.50 feet; thence along said right-of-way N 18o38'39" W 335.91 feet to a point on the easteriy edge of an irregular parcel described as Parcel A: thence along said easterly line and along the easterly line of LOT 1 within Parcel A as described on a plot recorded in Book 35 at Page 85 of the Pitkin County Clerk and Recorders office N 58°53'57" E 535.39 feet: thence S 62°2222'' E 204.75 feet; thence S 48°59'17'' E 315.23 feet to a point on the westerly line of a parcel owned by the Roaring Fork Transit Agency, thence S 58053'57'' W 838.23 feet along said westerly line to the point of beginning containing 7.68 acres more or less. Disregard if no changes since submission of Request for Consideration Water Service Application (12197) Date: May 2, 2001 Water Service Extension Outside City Limits ADDENDUM 2 (Amended) Description of Project: Upgrade the existing line and extend the line to the employee housing unit and proposed animal shelter will also clean up the existing lines which are complicated here at the Pitkin County Public Works site, This upgrade will continue to service the CDOT building, county cinder building. And will add a new service to the new employee-housing unit (1 bedroom cabin) and ultimately the proposed city/county animal shelter. We are also moving the filler hydrant from the existing location to a safer location on the properly. Name: Pitkin County Public Works X Residential (1) Type (s) of unit: Employee Housing (cabin) (2) Number of units: 1 (3) Square feet/unit: approximately 900 (4) Number square feet: approximately 900 Existing uses on Public Works site: (1) Type of use: Fleet Bkig, CDOT Bldg, Public Works Adrnin Bldg (2) Number of units: 3 (3) Indoor square feet: N/A (4) Number square feet irrigated/unit: approximatley t,4 acre/l(1890 sqft (5) Total square feet irrigated: N/A Disregard if no changes since submission of Request for Consideration Water Service Application (12197) Date: May 15, 2001 MO.~5 P.~9 JUL. E.~00i $:~gPM L~W OFFICES Water Service Extension Outside City Limits EXHIB~ A (Amended) De,trip,on of ~c~ting Fa¢illtles: Siz, o~ ~an~rmssion/clisa'ibu~/o~ mains _ currently 6' bu~ upgrad~z to 8_" _ . _ ... L~ngth of tran~rnlssion/distribution mains: _5,~2. ft__ . . Age of a'ansrnissiorgdis~bution mains or other facilities: 1989 x W'amr storage tanks (number and capacity) .0 . ._~_Hydrams (numi~r) .... 1-fire hydrant andl filler hydrant ~ Pump stations (number) . j. 0 . ~ Service connections per structure (numl~er)_ .2 ~otal of 4 x _Wells (number and capacity of each) ~ Date:. l~ay. JS. 2001 JUL. 3.~001 6:EgPM LAW OFFICES N0.~65 P.ZO Water Service Extension Outside City Limits This is a one.bedroom employee-housing unit, approxirna:ely $00sf with o~e bathroom, on6 kitchen, and one latmdry facility (scackabIe washe~/dryer). Approximate siz~ of transn~ssion/di.~burion mains: Approximate Ien/rh of transm/ssion/distr/buffon mains; , Water storage ranks (capaci:y):_~ . Hyd~nm (number): __ ! ~ , . .. Pump sucions(number): _ 0 _ _ Service connectmns(numbe, r): 2 .. , . Disregard il' no changes sin¢~ submission o/Request ~'or Consideration wa,r,i~wi~ ^pplWa~iou cl~lr~ Date: May 15. 2001 JUL. 3.~881 6:~gPM LAW OFFICES ~0.~65 P.~I Water Service Extension Outside City Limits EX. HI'BIT C betail~ Description of New or Upgrad~ Facilities: Proposed commencement of construction: ~I, une..4~, 2001 Proposed completion of construc£ion: Sulvl. 2001 F, stimar~l cos~ of construction ~ $~3,000 Size of transmlsslor, dlstnbu~on mares: __ _ Length of rransrrfl~sion/distribution mains:,· . ~42 ._ _ Water s:orage tanks (number ~nd capaciqO_ .0 _ Hydrants (number) .... 1 _ ~ Pump sta~ioas (number) . ~ 0 ..... Service connections (number) 2 A~taehments to F.~ibit ¢ must include: Derailed Cost ]~sfimat~ for ~oposcd Construction _ C2itical Pa~ Sequence Chart for Pr~osed Construction Final Design Drawings of Mains, IAn~s ~md All Associated Fa¢iIitiea Wa:e~ Se~v£ce ap;l£ca: Date: F~ay !5_, 2001 Water Service Extension OUtside City Limits EXHIBIT D Please attach a description for the entire Project of: Estimated gross water requirements (gpd) and water flow requirements for in-building purposes in approved structures and uses on the subject Property at full development, and estimated treated water irrigation requirements, including number of square feet to be irrigated with treated water. gpd = 5.66 AF Total irrigated square feet = 20,670 Fireflow provisions, including location, size and description of fireflow storage to serve the Subject Property. General location of easements to be conveyed to Aspen. (Water main easements must be at least 20' in width, and water mains must be located at least 10' from other utilities. All easements must be of a size and location acceptable the Aspen Water Department.) Proposed tank easements: 0 Proposed pump station easements: 0 Other proposed easements: Date:May 15, 2001