HomeMy WebLinkAboutagenda.council.regular.20070108
CITY COUNCIL AGENDA
January 8, 2007
5:00 P.M.
4 pm Executive Session - Personnel
5 pm Aspen Public Facilities Annual Meeting
COUNCIL MEETING
I. Call to Order
II. Roll Call
III. Moment of Silence
IVI. Scheduled Public Appearances
a) Proclamation - Sport Obermeyer 60th Anniversary
V. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
VI. Special Orders of the Day
a) Mayor's and Councilmembers' Comments
b) City Manager's Comments
c) Board Reports
VII. Consent Calendar (These matters may be adopted together by a single motion)
a) Minutes - November 28; December 11, 2006
b) Resolution #1,2007 - Posting of Public Meetings
c) Resolution #2,2007 - Tourism Promotion Fund Agreement with ACRA
VIII. First Reading of Ordinances
IX. Public Hearings
a) Ordinance #40, 2006 - 434 E Cooper (Bidwell Building) Historic Designation
continue to 2/12
b) Ordinance #41,2006 - 625 E. Main Street (Stage III) continue to 1/22
c) Ordinance #50, 2006 - Water Service Agreement - Gardner Bishop
X. Action Items
XI. Executive Session
XII. Adjournment
Next Regular Meeting Januarv 22. 2007
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
MEMORANDUM
To:
Mayor and City Council
FROM:
Kathryn Koch, City Clerk
DATE:
January 2,2007
RE:
Annual Meeting of the Aspen Public Facilities Authority
SUMMARY: The articles of incorporation of the Aspen Public Facilities Authority state
that the annual meeting shall be held in the second Monday in January.
BACKGROUND: The Aspen Public Facilities Authority is a "non-profit corporation
and an instrumentality of the City of Aspen for certain limited purposes".
The Board of Directors of the Authority is the members of the City Council, the City
Finance Director and the City Clerk. The officers at the last annual meeting were:
President
Vice President
Secretary
Ass!. Secretary
Treasurer
Helen Klanderud
Torre
Kathryn Koch
Jack Johnson
Paul Menter
The By-Laws state the President shall be the Mayor of the City of Aspen. The Vice
President and Assistant Secretary shall be members ofthe City Council and shall hold
office so long as he or she remains a member ofthe City Council of the City of Aspen.
The Treasurer shall be the Finance Director of the City of Aspen. The by-laws also state
ifthe office of vice president or assistant secretary become vacant, the corporation shall
elect a successor from its membership at the next regular meeting, and such election shall
be for the unexpired term of said office.
The Bylaws of the Authority require that an annual meeting be held on the second
Monday of January at 5:00 p.m. at the regular meeting place ofthe corporation. The
Bylaws state the following order of business for regular meetings:
1. Roll call
2. Reading and approval of the minutes of the previous meeting (minutes of
January 9, 2006 attached)
3. Bill and Communications
4. Report of President
5. Unfinished business
6. New business
8. Adjournment
The Authority was formed to assist in financing the construction ofthe Parking Facility.
The Authority initially leased the ground for the parking facility from the City, owned the
facility and leased the ground and facility back to the City. All ofthe Authority's interest
in the Parking Facility leases and subleases related to the Parking Facility has been
assigned to a trustee.
In 1995 the Authority passed two resolutions; one allowed the refinancing ofthe parking
garage bonds, and one entered into a similar lease arrangement for Cozy Point.
The Ground lease requires that the Authority "maintain its corporation existence, .. will
not dissolve or otherwise dispose of all or substantially all of its assets and will not
consolidate with or merge into another corporation..." during the term of the ground
lease.
Rel!:ular Meetinl!:
Aspen City Council
Januarv 9. 2006
ASPEN PUBLIC FACILITIES MEETING
President Helen Klanderud called the meeting to order at 5:05 p.m. with members Torre,
J. E. DeVilbiss, Jack Johnson, Paul Menter and Kathryn Koch present. President
Klanderud said this is a non-profit corporation of the city used for limited purposes.
Torre approved the minutes of January 10,2005; seconded by Menter. All in favor,
motion carried.
President Klanderud noted since City Council has changed members, the Vice President
and assistant secretary need to be re-elected.
DeVilbiss moved to nominate Torre as vice-president; seconded by Johnson. All in
favor, motion carried.
President Klanderud said the facility was formed to assist in financing construction of the
parking facility, leased the ground for the parking facility from the city, owned the
facility and leased this back to the city. In 1995 the Authority passed 2 resolutions; one
to allow refinancing of the parking garage bonds and one to enter into a lease
arrangement for Cozy Point. Menter said Council may decide to build a facility in the
future and to finance it with certificates of participation and they would need the public
facility.
DeVilbiss moved to nominate Jack Johnson as assistant secretary; seconded by Menter.
All in favor, motion carried.
There being no further business DeVilbiss moved to adjourn the annual meeting of the
public facility authority at 5:10 p.m.; seconded by Torre. All in favor, motion carried.
2
VII b
MEMORANDUM
TO:
Mayor and City Council
FROM:
Kathryn Koch, City Clerk
DATE:
January 2,2007
RE:
Meetings
Resolution Designating the Public Place for the Posting of Notices of Public
Pursuant to 1991 legislative amendments to the Colorado Open Meeting Law as Section
24-6-402(2)( c), City Council is to annually designate at its first meeting for each calendar year a
public place for the posting of notices for meeting. By properly designating a place for posting
meeting notices, a public entity will be deemed to have given full and timely notice of any
meeting so long as notice thereof was posted as the designated place at least twenty-four hours in
advance thereof. Posting notices as the designated place will also suffice for municipal boards
and commissions.
Attached is Resolution #1, Series of2007, which identifies the glass case in the first floor
lobby of City Hall as the designated place for posting of meeting notices. Approval of the
consent calendar will adopt this resolution.
RESOLUTION #1
Series of 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
DESIGNATING THE PUBLIC PLACE FOR POSTING NOTICES OF PUBLIC
MEETINGS
WHEREAS, the City Council of the City of Aspen, Colorado, deems it in the
public interest to provide full and timely notice of all its meetings; and
WHEREAS, the Colorado state legislature amended the Colorado Open Meetings
Laws, Section 24-6-401, et. seq., C.R.S. to require all "local public bodies" subject to the
requirements of the law to annually designate at the local public body's first regular
meeting of each calendar year, the place for posting notices of public hearings no less
than twenty-four hours prior to the holding ofthe meeting; and
WHEREAS, "local public body" is defined by Section 24-6-402(1)(a) to include
"any board, committee, commission, authority, or othef'advisory, policy-making, rule-
making, or form ally constituted body of any political subdivision of the state and any
public or private entity to which a political subdivision, or an official thereof, has
delegated a governmental decision-making function but does not include persons on the
administrative staff of local public body".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
A public notice of each meeting held by the City Council of the City of Aspen and
each meeting of any other board, committee, commission, authority, or other advisory,
policy-making, rule-making, or formally constituted body of the City of Aspen, shall be
posted by the City Clerk at least twenty-four hours prior to the holding of the meeting in
the enclosed glass case in the lobby of City Hall, 130 South Galena Street, Aspen,
Colorado.
Section 2
The City Clerk shall notify each board, committee, commission, authority, or
other advisory, policy-making, rule-making, or formally constituted body of the City of
Aspen of the contents ofthis resolution and the other general requirements of the
Colorado Open Meeting Law, C.R.S., Section 24-6-401 et. seq.
Dated: , 2007
Helen Kalin Klanderud, 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 the
City of Aspen, Colorado, at a meeting held January 8, 2007.
Kathryn S. Koch, City Clerk
MEMORANDUM
VI' c..
TO:
Mayor and City Council
Randy Ready, Asst. City ManagM
FROM:
THRU:
Steve Barwick, City Manager
RE:
January 2, 2007
Resolution #L, Series of 2007, Tourism Promotion Fund Agreement with the
Aspen Chamber Resort Association
DATE:
SUMMARY: Attached for your approval is a proposed resolution and agreement with the
Aspen Chamber Resort Association regarding the City of Aspen Tourism Promotion Fund. The
term of this Second Amended and Restated Agreement would expire on December 31, 2009.
The scope of services, reporting, budgeting, accounting and other provisions remain the same.
The dates have been changed to correspond to the new three-year term, and the date ofthe
required annual meeting between ACRA and the Aspen Lodging Association has become more
flexible to allow the meeting to be held anytime before presentation of the tourism promotion
plan and budget to the City Council.
PREVIOUS COUNCIL ACTION: The 1.0% Visitor Benefit Tax on the short-term rental of
commercial lodging accommodations was approved by Aspen voters in November 2000. Fifty
percent (50%) of the proceeds from the new tax are dedicated to transportation services and fifty
percent (50%) are dedicated to tourism promotion activities as described in Ordinance No. 45,
Series 2000 and in the subsequent Agreement effective February 27, 2001 and in the First
Amended and Restated Agreement dated November 24, 2003 between the City of Aspen and
ACRA regarding the tourism promotion fund.
Debbie Braun and Lisa Weiss presented the 2007 ACRA Marketing Plan and Budget to Council
during a work session on November 28, 2006.
RECOMMENDATION: Staff recommends approval of Resolution # 2 , Series of2007.
RESOLUTION NO. ~
SERIES OF 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A SECOND AMENDED AND REST A TED AREEMENT BETWEEN THE CITY
OF ASPEN, COLORADO AND THE ASPEN CHAMBER RESORT ASSOCIATION AND
AUTHORIZING THE CITY MANAGER OR MAYOR TO EXECUTE SAID DOCUMENT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Second Amended and Restated
Agreement between the City of Aspen, Colorado and the Aspen Chamber Resort Association,
LLLP, a copy of which document is annexed hereto and made a part thereof.
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 approves a Second Amended and
Restated Agreement between the City of Aspen, Colorado and the Aspen Chamber Resort
Association, a copy of which document is annexed hereto, and does hereby authorize the City
Manager or Mayor of the City of Aspen to execute said document on behalf of the City of Aspen.
RESOLVED, APPROVED, AND ADOPTED this _th day of January, 2007, by the City
Council for the City of Aspen, Colorado.
Helen Kalin Klanderud, 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 the City of Aspen,
Colorado, at a meeting held January _,2007.
Kathryn S. Koch, City Clerk
SECOND AMENDED AND REST A TED AGREEMENT
CITY OF ASPEN AND ACRA
RE: TOURISM PROMOTION FUND
THIS AGREEMENT is effective this _ day of January, 2007, by and between the CITY
OF ASPEN (the "City") and the ASPEN CHAMBER RESORT ASSOCIATION ("ACRA"),
RECITALS
1. The City and ACRA entered into that certain Agreement dated February 27, 2001.
2. The City and ACRA entered into that First and Restated Agreement dated
November 24, 2003, and the parties hereto desire to amend said agreement.
3. The City Council adopted Ordinance No. 45, Series of2000, which imposed a 1.0%
visitor benefits tax on condition that the voters of the City of Aspen approve the aforementioned
ballot question at the November 7, 2000 municipal election, which the voters did approve.
4. Ordinance No. 45, Series of 2000, required the City Council to appropriate 50% of
all revenues generated by the tax for marketing and promotional efforts for the City's tourism
industry .
5. The City desires to contract with an organization capable of performing the
marketing and promotional efforts contemplated by said ordinance.
6. The Aspen Chamber Resort Association desires to contract with the City to receive
funds appropriated by the City Council for tourism promotion activities and to thereafter perform
such tourism promotion activities on behalf of the City of Aspen.
AGREEMENT
In consideration of the mutual covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties
agree as follows:
I. Intent of the parties. The parties to this Agreement agree that the following sets
forth their intent in entering into this agreement and the principles set forth below shall help guide
all future interpretations of this Agreement and the parties continuing relationship with respect to
the expenditure oftourism promotion funds of the City of Aspen.
a. The parties acknowledge that the City shall use funds generated by the
visitor benefits tax imposed by Ordinance No. 45, Series of2000, to meet its
financial obligations pursuant to this Agreement. Accordingly, the parties
acknowledge that the purpose, limitations, and administrative requirements of such
funds as set forth in said ordinance shall apply to this Agreement.
b. The parties intend to enter into a continuing relationship for multi-year
planning and implementation of tourism promotion activities as set forth herein.
c. The parties acknowledge that the purpose of the I % visitor benefits tax is to,
inter alia, to generate sufficient funds primarily for planning and delivering tourism
promotion activities on behalf of the City of Aspen. Accordingly, the marketing plan
and budget contemplated by this Agreement shall be primarily for strategies and
activities not otherwise funded by the City, ACRA or other third parties that support
the goal of bringing new visitors to Aspen.
2. Scope of Services and Marketing Program.
a. During the City's annual budget review and adoption procedures, ACRA
shall recommend a marketing plan and budget for the City's forthcoming calendar
year.
b. The marketing plan and budget shall include the following:
1. planning and implementing the advertisement, promotion, and
development of tourism in the City of Aspen;
2. tourism advertising, written and graphic materials, and cooperative
and matching promotional materials;
3. gathering and disseminating information on the tourist industries and
attractions of the City of Aspen;
4. purchasing such equipment, materials, and supplies as shall be
necessary, to be used solely for tourist promotion;
5. contracting for those services and materials as may be incidental,
necessary, and appropriate to the accomplishment of the purposes of
the fund, including but not limited to, administrative, secretarial,
clerical, or professional services deemed necessary;
6. promoting conferences, conventions, and meetings of a commercial,
cultural, educational, or social nature to the City of Aspen;
7. promoting sporting events and social and cultural events sponsored
by non-profit organizations;
8. defraying administrative and clerical costs of collecting and
administering the tax, provided such expenses do not exceed the
actual costs of such administrative and clerical costs.
c. The marketing services shall be primarily for activities and strategies to
promote tourism, and ACRA shall not defray costs of existing programs, special
events and marketing efforts including airport host program, visitor center support,
among others with funds from the marketing fund. Marketing funds may be used to
enhance or promote existing tourism promotion programs and special events.
d. The general nature and content of advertising paid for by the marketing fund
shall follow these guidelines: the purpose of advertising and promotion shall be to
enhance the year-round economy and public welfare of the City as a whole;
advertising and promotional efforts shall avoid undue emphasis upon any particular
commercial activity or enterprise that might be construed to create a competitive
disadvantage to other similar commercial enterprises; and there shall be no
advertising or promotion that is misleading or deceptive and therefore opposed to
the public interest or prejudicial to the interests of the City.
e. ACRA shall be solely responsible for planning and implementation of
specific details of the marketing program and may include the lodging community in
such planning. ACRA shall monitor the program and ensure conformance to its
budget. At least 70 per cent of the funds are to be expended on program costs, rather
than on support or staff. ACRA shall not use fund proceeds for its existing
operational costs, for expenses not directly attributable to the purposes of this
Agreement, or expenses not identified in its annual marketing plan and budget as
approved by the City Council.
f. The ACRA and the Aspen Lodging Association shall meet at least annually
to review a tourism promotion plan and budget for the City's following fiscal year
prior to presentation to the City Council.
3. Term. The term of this Agreement shall be from January 1,2007, through December
31,2009. This Agreement may be terminated by either party as set forth at Section 7, below.
4. Reporting and Budgeting. ACRA shall submit a detailed marketing program and
expense budget for inclusion in City's budget packets, along with a review of the previous year's
program. The City Manager shall provide budget recommendations, including an estimate of
prospective tax proceeds, general fund contributions, prior year carry-forward balance, and interest
income. The marketing fund shall be eliminated from the City's Grant Panel Review process in that
it is its own separate fund. The ACRA is allowed and encouraged to attend and advise the City
Council at all such meetings where the marketing program and budget is discussed. ACRA shall
provide annual reports to the City on the fund and expenditures from it.
5. Accounting. The City shall pay over to ACRA the marketing funds raised by the tax
on a monthly basis. ACRA shall be responsible for paying its vendors, suppliers, subcontractors,
staff, and the like. ACRA shall maintain the tax fund receipts in a separate and interest-bearing
bank account from its general funds. The City may inspect ACRA's records upon reasonable notice.
All marketing funds accrued during the life of this Agreement shall be paid over to ACRA,
although ACRA shall account for and refund any funds not expended for the purposes set forth in
this Agreement. .
6. Equal Access. Any and all businesses within the City shall be permitted equal access
and opportunity to participate in cooperative advertising efforts and package promotions
specifically related to and supported by the use of the marketing funds referenced in this
Agreement, whether or not the business is a member of the ACRA or the Aspen Lodging
Association. That is, to the maximum extent possible, ACRA shall make a distinction between
member services and other existing programs supported by membership dues, and programs
supported by the City by this Agreement, and as to the latter, not discriminate based on
membership in the organizations.
7. Termination. Either party may terminate this agreement effective on December 31,
2007, or December 31, 2008; provided, however, that written notice is delivered to the other party
no later than September 30 of the year preceding the calendar year that termination is to become
effective.
8. Other Restrictions and Provisions.
a. The City shall not unreasonably withhold or redirect funds from the
marketing funds raised by the visitor benefits tax that are to be handled by the
ACRA. These are intended to be additional funds for marketing, and the intent is
that the City will continue its existing funding (for the visitors center, etc.) as a floor,
and not lessen those so that the marketing funds from the tax are not absorbed into
existing ACRAlCity programs.
b. The marketing funds shall not be used for city capital projects such as the
construction of visitor information centers or other tourist amenities.
c. The City Council shall not, without prior consultation with ACRA, change
the agent assigned to manage the tourism marketing funds. Nor shall the City
change that agent without some sort of cause and explanation, and it shall consult
with the ACRA as to any new fund manager.
d. ACRA shall not use any of the marketing funds for providing direct
reservation services.
e. ACRA shall not use fund proceeds to influence the outcome of any election.
9. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, representatives, successors and assigns and to any
person into or with which any party hereto may merge, consolidate, or reorganize.
10. Acknowledgments. The parties declare that they have read and understand the terms
of this Agreement, that they have had an opportunity to be represented by counsel with regard to
the execution of this Agreement, and that they execute this Agreement voluntarily and without
being pressured or influenced by any statement or representation made by any person acting on
behalf of anyone else.
11. Indemnification. ACRA agrees to indemnify and hold harmless the City, its officers,
employees, insurers, from and against all liability , claims and demands on account of injury, loss,
or damage, arising out of or in any manner connected with this Agreement, if such injury, loss, or
damage is caused in whole or in part, or is claimed to be caused in whole or in part by, the act,
omission, error, mistake, negligence, or other fault of ACRA, employee, representative, or agent.
ACRA agrees to investigate, handle, respond to, and to provide a defense for and defend against
any such liability, claims or demands at the sole expense of ACRA, or at the option ofthe City,
ACRA agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims or demands. If it is determined by the final judgment of
a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by
the act, omission, or other fault ofthe City, its officers, or its employees, the City shall reimburse
ACRA for the portion of the judgment attributable to such act, omission, or other fault of the City,
its officers, or employees. If any lawsuit challenges the City's authority to impose the visitor
benefits tax, the City shall be primarily responsible for the defense of the suit.
12. No Warranties. Except as expressly set forth in this Agreement, the parties have not
made and make no other representations, warranties, statements, promises or agreements to each
other.
13. Entire Agreement. The parties agree that this Agreement represents the entire
agreement and supersedes all prior agreements between and among them with regard to the subject
matter set forth herein, and may not be amended nor may any condition contained herein be waived
except by written instrument signed by all parties
14. Notices. Notices hereunder shall be sent to the City Manager and the City Attorney
at 130 S. Galena Street, Aspen CO 81611; to ACRA at Aspen Chamber Resort Association, 425
Rio Grande Place, Aspen CO 81611; and to Oates, Knezevich & Gardenswartz, P.C., 533 East
Hopkins Avenue, Aspen CO 81611.
15. Counteroart Signatures. This doc.ument may be executed in counterpart original
copies, with the original signatures on separate pages to be collated together on one original form
of the agreement.
CITY OF ASPEN, a municipal corporation
Attest:
By: Helen Kalin Klanderud, Mayor
Clerk
ASPEN CHAMBER RESORT ASSOCIATION
Attest:
By Debbie Braun, President
Secretary
MEMORANDUM
Ila..
1
TO:
Mayor Klanderud and Aspen City Council /1 ~,
Chris Bendon, Community Development Director ~WI
Amy Guthrie, Historic Preservation Officer ~
THRU:
FROM:
RE:
434 East Cooper Avenue, Landmark Designation- Second Reading, Ordinance
#40, Series of 2006
DATE:
January 8, 2007
On behalf of the owners of the Bidwell Building, Herb Klein of Klein, Cote & Edwards, LLC
made a request to continue Second Reading of Ordinance #40, landmark designation of 434
East Cooper Avenue, to February 12, 2007 due to scheduling conflicts among the owners of
the Property who would like to be present for the hearing. While Community Development
would like to se'e this landmark evaluation completed expeditiously, this request for continuation
has offered an opportunity to reach an agreement regarding a deficiency in the City initiated land
use case. In opening the file, staff erred by not including one element of a complete application,
which is a written statement as to why the property owner was given less than two years notice of
designation, per Section 26.4l5.030.D.l of the Aspen Municipal Code. Staff apologizes to
Council for this failure in the application, which the property owner has agreed not to protest
assuming that their continuance is approved. Staff supports continuinl! Second Readinl! of
Ordinance #40 to the requested date of February 12, 2007. Letters from the applicant's
attorney are attached.
If Council does not wish to approve the continuance, staff recommends beginning the
designation process again with the necessary amendments made to the file.
KLEIN. COTE & EDWARDS, LLC
January 2, 2007
Page I
'HERBERT S. KLEIN
LANCE R. COTE, pc.
JOSEPHE. EDWARDS, m, PC
EBEN P. CLARK
MADHU B. K.RlSHNAMURTI
MAm-lEW M. LOWRY
A lTORNEYS AT LAW
hsk@kcelaw,nCI
Irc@k:celaw.net
jee@kcelaw.net
epc@kcelaw,net
mbk@kcelaw,net
mml@kcelaw,net
20] NORm MILL STREET, STE 203
ASPEN, COLORADO 8]611
TELEPHONE: (970) 925-8700
FACSIMILE: (970) 925.J917
. also.dmilledinC.liforni.
January 2, 2007
Via EMAIL TOamvg@ci.aspen.co.us
Amy Guthrie
City of Aspen Community Development Department
130 S. Galena Street
Aspen, CO 81611
Re: 434 E. Cooper Avenue (Bidwell Building- the "Property")
Dear Amy:
I am writing in response to your letter oftoday' s date concerning the defect in notice to the owner of
the above property prior to the City's seeking to designate the Property as a historic landmark, under the
provisions ofLUC Sec. 26.415.030 D.I, as it relates to ourrequestthatthe hearing scheduled for January 8,
2007, be continued to February 12,2007.
On behalf ofthe owner of the Property, I am authorized to agree that if the Council approves our
request for a continuance of the Landmark Designation hearing to February 12, 2007, the owner will waive
its right to an explanation of non-compliance with Section 26.415.030.0.1 and you may add a letter
addressing this notification issue to the application file. This waiver is expressly conditioned upon the
approval of our request for the continuance and is limited to the present City application seeking Landmark
Designation. In the event that Council does not approve the continuance request. the owner will assert that
the application is defective and request that the Landmark Designation process be abandoned or if the City
insists on continuing to seek the Designation, then that the process be started over again from the beginning
in full compliance with all relevant land use code requirements.
Please feel free to contact me if you have any questions.
Very tru! y yours,
Klein, Cote & Edw/ LLC
" .
.,/~------.. .
By:
Herbert S. Klein
KLEIN. COTE & EDWARDS, LLC
ATTORNEYS AT LAW
HERBERT S. KLEIN
LANCE R. cort, PC.
JOSEPH E. EDWARDS, III, PC
EBEN P. CLARK
MADHU B. KRISHNAMURTI
MATTIIEW M. LOWRY
hsk@kcelaw.net
lrc@kcelaw.net
jee@kcelaw.net
epc@kcelaw.net
mbk@kcelaw.net
nunl@kcelaw.net
201 NORTH MILL STREET, STE. 203
ASPEN, COLORADO 81611
TELEPHONE: (970) 925-8700
FACSIMll..E: (970) 925-3977
* also admilled in Califomia
December 22, 2006
Via Hand Deliverv
Members of the City Council, City of Aspen
130 S. Galena Street
Aspen, CO 81611
Amy Guthrie
City of Aspen Community Development Department
130 S. Galena Street
Aspen, CO 81611
Re: 434 E. Cooper Avenue (Bidwell Building- the "Property") - City Initiated Landmark
Designation - Second Request for Continuance of Second Reading
Dear Honorable Members of the City Council and Amy:
I am writing to request a continuance of second reading and public hearing presently scheduled for
January 8, 2007, on the City's application to designate the Property as a historic landmark. We request that the
hearing be continued to February 12, 2007.
The reason for our request is due to several scheduling conflicts among the owners of the Property and
our historic resource consultant. Mark Bidwell wishes to be present and has to travel from Florida to attend.
There is an HPC hearing on a matter concerning the Property scheduled for February 14th and if both hearings
could occur close in time to each other, Mr. Bidwell would not be compelled to make two trips during the
difficult and unpredictable winter season. In addition, our historic consultant, Lisa Purdy, will be dealing with
family matters that require her presence in the Mid-West in January and would also prefer the February 12th
date.
We would greatly appreciate your consideration in approving this request. I thank you in advance for
your anticipated cooperation in this request.
Very truly yours,
Klein, Cote & Edwards, LLC
, /
/;;:/"1 /
~ ,/, /
. / / /
By: " "-.,//
./ He ert S. Klein
BidweIl\Councilltr-continuance-2adoc
MEMORANDUM
IXb
TO:
Mayor Klanderud and Aspen City Council
Chris Bendon, Community Development Director (1~
Jessica Garrow, Planner JM07
THRU:
FROM:
RE:
Stage III Building Redevelopment (625 E. Main St) - Subdivision Review
- Second Readinl!: of Ordinance No.~ I , Series 200th
(CONTINUANCE REQUEST)
MEETING DATE: January 8, 2007
Aspen Main Street Properties LP, the Applicant for the Stage III redevelopment has
requested a continuance for the scheduled January 8, 2007 public hearing. The Applicant
is continuing to work on modifications to the building design and will be prepared to
present them at a later hearing date. The continuance request is for January 22nd. The full
second reading packet will be provided for the continued meeting date. Staff will be
available at the January 8th meeting to answer any questions about this continuance.
CITY MANAGER COMMENTS:
EXHIBIT A - Continuance Request from Applicant
f:(ni~(f; It
HAAS LAND PLANNING, LLC
December 15,2006
Ms. Jessica Garrow
Aspen City Planner
130 South Galena Street
Aspen. CO 81611
RE: Request for Continuance, Ordinance NO.\tl., Series of 2007
625 E. Main Street (Stage III) Subdivision, Second Reading
Dear Jessica:
Aspen Main Street Properties, LP hereby respectfully requests that second reading
of the 625 E. Main Street (Stage III) Subdivision application be continued from January 8,
2007 to January 22, 2007. The applicant is in the process of revising several aspects of
the proposed building design in an attempt to respond to comments heard during the
previous hearing on the matter.
The applicant feels it is necessary to be certain that revised plans presented to staff
prior to the hearing date and to Council at the public hearing are capable of continued
compliance with zoning and building codes. Due to workloads and holiday schedules, the
revisions will not be completed to the necessary level of confidence in the time available
before the currently scheduled hearing date.
As such, on behal f of Aspen Main Street Properties, LP, I am respectfully
requesting that you please notify the City Council and the City Clerk's office of this
request and confiml with me that the continuance has been granted.
If 1 can be of further assistance in any way. or if you should have any questions.
please do not hesitate to contact me. You can reach me at the phone number provided, or
by email atmhaas@sopris.net.
Yours truly,
Haas Land Planning, LLC
~CP
Owner/Manager
c:/~ly DocumcnlS/City ApplicllllonsfSlagc 3/CC Conlinllance Request
. 201 N. MILL STREET. SUITE 108 . ASPEN, COLORADO' 81611
. PHONE: (970) 925.7819 . FAX: (970) 925.7395 .
.~c
ALPERSTEIN & COVELL, PC
ATTORNE'rS AT lA\v
DONALD '\" ALPI:RSTEIN
CYNIHIAr COVEll
ANDREA L.. BENSON
1600 BROADWAY, SUITE 2350
DENVER. COlOR'\OO R0202-492I
dwa@alper'steincoveU..com
cfc@alpelstelncovell.com
alb@alpersteincovell,com
GilBERT Y. MARCHAND, JR.
Of Counsd
TELEPHONE (303) 894-8]91
r AX (303) 861-0420
TO:
Mayor and City Conncil
FROM:
Phil Overeynder and Cynthia Covell
RE:
Golf Couse Properties: Amendment to Water Service Agreement and Raw
Water Agreement
DATE:
December 4, 2006
Backgmund
The City is party to a 1996 Water Service Agreement which authorizes water service to
the Golf Course Properties Lot Split These properties are located at 39590 State Highway 82 (Lot
1) and 39600 State Highway 82 (Lot 2) The Golf Course Properties are located across the
highway from the golf COUlSe In the mid-1990s, they were owned by John and Cindy Galardi (Lot
1) and Gerd Zeller (Lot 2) Presently, Alston Gardner and Barbara Lee own Lot 1, and Archer and
Sandra Bishop own Lot 2. These lots are located outside ofthe city limits
Under the OIiginal water service agreement, the City agreed to provide treated water service
to the lots in an amount not to exceed 8 ECUs, with a maximum of fOUl acre-feet per year OutdoOl
inigation with City treated water was limited to 2000 square feet per lot The water service
agreement also states that the City would provide raw water service pursuant to a separate raw water
agreement, in an amount reasonably required for outdoOl irrigation, from an existing well on the
property The raw water agreement was never executed, and the existing well could not be
I ehabilitated. The property owners, having installed expensive landscaping while trying to
rehabilitate the well, asked for and received City permission to irrigate with treated water on a
temporary basis They also filed a water court application for water rights for a pond and a shar.ed
inigation system
For a considerable time, the City and the property owners were unable to resolve then
differences concerning their respective rights and obligations under the Water Service Agreement,
and what sort oftaw water agreement should be developed Last spring, City Council authorized a
1
declaratory judgment lawsuit to determine the parties' rights and liabilities under the Water Service
Agreement. This led to negotiations with the property owners, and a settlement which included the
parties' agreement to the following:
1 No treated water use outdoors as of April I, 2006,
2. Compliance with the 1996 Water Service Agreement requirement that property
owners quitclaim all right, title and interest in and to the Holden Ditch.
3 Conveyance to the City of the water rights the property owners have applied for in
the water court
4. No outdoor use ofueated municipal water provided by the City, and limitation of
the City's total annual water delivery obligation to 325 acre-feet (rather than4.0 acre-feet as
provided in the original Water Service Agreement)
5 A Raw Water Agr'eement that provides the following:
a The City will be the sole provider of raw and treated water to the Golf
Course Properties, Lots I and 2
b. Raw water will be provided via a lease to the property owners ofthe water
rights to be decreed in their water court application.
c Existing ponds and existing irrigated landscaping (2,75 acres), as shown
on a map attached to the Raw Water Agreement, may be irrigated using unu.eated water from the
wells. There will be no expansion of iuigation
d. The landscaping that is presently being installed on the Highway 82 side of
the berm on these properties will use low-water-consumption native vegetation, which must be
established by September 30, 2007, and not require irrigation thereafter.
e The property owners will pay the City's annual raw water delivery
charges, and costs associated with wells, and the augmentation supplies for the wells.
f The City will forgive revenues foregone as a result of assessing tap fees
that did not take into consideration the amount ofueated water irrigation that actually occurred
prior to April I, 2006
g Curtailment provisions will require the property owners not to use the
wells when and to the extent the City imposes resuictions on raw water deliveries in accordance
2
with raw water cUltailment policies, which policies shall be no more restrictive on the Golf
COUlse Properties Lots I and 2 than City cUltailment ordinances applicable to outdoor treated
water uses within the City.
The Water Service Agreement and the Raw Water Agreement may be terminated by the
City for default or violation by the property owners, following appropriate notice and
determination of defimlt or violation and a right to cure Upon termination for any reason,
including default or violation, the water rights decreed would be reconveyed to the property
owuer.s, and they would be disconnected entirely from the City water system.
An Amended Water Service Agreement and a Raw Water Agreement including these
provision~ has been executed by the property owners. They have also executed a deed conveying
their interest (if any) in the Holden Ditch and a deed conveying their irrigation system water
rights to the City
Recommendation
We re~ommend that Council approve the Amendment to Water Service Agreement and the
Raw Water Agreement in the forms attached to the proposed ordinance These agreements will
eliminate outdoor water use with treated water, provide greater certainty about raw water use and
landscaping on these properties, and give the City the option to terminate the agreements entirely
(and require disconnection from the City's treated water system) if the agr.eements are violated
This settlement thus will provide the City with greater control over water use at these properties,
prevent filrther expansion of high water use landscaping.
3
ORDINANCE NO. bo
Series of 2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN AMENDMENT TO THE WATER SERVICE AGREEMENT DATED
SEPTEMBER 16, 1996 WITH GERD M. ZELLER AND JOHN GALARDI AND CINDY
GALARDI FOR PROVISION OF TREATED WATER SERVICE OUTSIDE THE CITY
LIMITS TO PROPERTIES KNOWN AS THE GOLF COURSE PROPERTIES (39590 STATE
HIGHWAY 82, AND 39600 STATE HIGHWAY 82), AND APPROVING A RAW WATER
AGREEMENT FOR THE SAME PROPERTIES.
WHEREAS, City Council approved ordinance No. 24, Series of 1996, which authorizes
a Water Service Agreement whereby City treated water service was extended extraterritorially to
the Golf Course Properties (39590 State Highway 82 and 39600 State Highway 82), subject to the
terms and conditions of said Water Service Agreement; and
WHEREAS, the Water Service Agreement was recorded with the Pitkin County Recorder
on September 4, 1997, at Reception No. 408086; and
WHEREAS, the Water Service Agreement authorizes provision of treated City water to
the Golf Course Properties for lawful in-building uses, fire protection, swimming pools, and
irrigation of up to 2,000 square foot on each lot of the Golf Course Properties; and
WHEREAS, the Water Service Agreement contemplated execution of a Raw Water
Agreement, which was never completed; and
WHEREAS, disputes and differences arose between the City and the original owners of
the Golf Course Properties regarding the parties' respective rights and obligations pursuant to the
Water Service Agreement; and
WHEREAS, the current owners ofthe Golf Course Properties, Archer Bishop and Sandra
Bishop and Alston Gardner and Barbara Lee, have agreed to amend the Water Service Agreement
to limit their use of City treated water to indoor uses and minor outdoor uses only, with no
irrigation; and
WHEREAS, the current owners of the Golf Course Properties have also agreed to enter
into a Raw Water Agreement whereby they will convey certain water rights to the City in return
for the City's agreement to provide untreated water for irrigation and aesthetic uses on the Golf
Course Properties as described in said Raw Water Agreement; and
WHEREAS, the City Council has had an opportunity to review with staff the proposed
amendment to the Water Service Agreement and the Raw Water Agreement, and to obtain such
further information as it deems necessary to evaluate the amendment and the Raw Water
Agreement,
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
Amendment to Water Service Agreement, which authorizes the City to provide treated water to
the Golf Course Properties (Lot I and Lot 2, Golf Course Lot Split, Pitkin County, Colorado) for
indoor and minor outdoor uses, is in the best interest of the City and substantially complies with
the City of Aspen water policy for extraterritorial water services, as set forth in Resolution No.
5, Series of 1993, as amended, and therefore agrees to amend the Water Service Agreement, on
the terms and conditions set forth in the Amendment to Water Service Agreement attached hereto
and incorporated herein by reference.
Section 2.
The City Council of the City of Aspen hereby determines that the proposed
Raw Water Agreement attached hereto and incorporated herein by reference is also in the best
interest of the City, and the City Council therefore agrees to enter into said Raw Water
Agreement.
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 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
day
of
, 2006, 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 of Aspen on the _ day of
,2006.
Mayor
Attest:
City Clerk
FIN ALL Y ADOPTED, PASSED AND APPROVED THIS
,2007.
DAY OF
Mayor
Attest:
City Clerk
F: \Client Files\Aspen\GolfCourse\ordinance. wpd
Final 103106
AMENDMENT TO WATER SERVICE AGREEMENT
This Amendment is made to that certain Water Service Agreement dated September 16,
1996 and recorded September 4, 1997 with the Pitkin County Recorder at Reception No. 408086
("Water Service Agreement"), among the City of Aspen, Colorado ("City"), Gerd M. Zeller and
John Galardi and Cindy Galardi ("Original Applicants") regarding water service to the Original
Applicants' real property described as Lot 1 and Lot 2, Golf Course Properties Lot Split,
according to the recorded Plats thereof in Plat Book 18 at Page 26, Plat Book 18 at Page 74, and
Plat Book 19 at Page 98, Pitkin County, Colorado, and rcferred to in this Agreement as the
"Subject Property."
Recitals
WHEREAS, the Subject Property is now owned by Sandra and Archer Bishop, Jr. (Lot
2), and J. Alston Gardner and Barbara Lee (Lot I), who are snccessors in interest to the Original
Applicants, and referred to herein as "Applicants;" and
WHEREAS, the water system infrastructure that was to be constructed as described in the
Water Service Agreement has been constructed, and the City presently supplies treated water
service to the Subject Property; and
WHEREAS, due to the passage of time, changed circumstances, and the need to clarify
certain provisions of the Water Service Agreement, the parties have determined that the Water
Service Agreement should be amended,
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. References to "Applicants" in the Water Service Agreement shall herein be deemed
references to the Applicants herein identified, and their respective heirs, successors and assigns.
All other terms in the Water Service Agreement that are defined terms shall have the same
meaning in this Amendment, unless a different meaning is specifically stated.
2. The second sentence of Paragraph I of the Water Service Agreement is amended to read
as follows:
Pursuant to this Agreement, the City shall provide treated water
service to the Project and the Subject Property in an amount not to
exceed eight (8) ECUs, provided, however, that the maximum
volume of water the City shall be required to provide to the Project
and the Subject Property pursuant to this Agreement shall not
exceed 3.25 acre-feet per year.
Final 103106
3. Paragraph 7 of the Watcr Service Agreement is deleted in its entirety, and replaced with
the following Paragraph 7:
7. Conveyance of Water Rights. Permits and Structures. Applicants shall
diligently pursue a final decree in Case No. 2002CW42, presently pending in the
Water Court, Water Division No.5, and upon enlIy of a final decree, shall convey
to the City, the following water rights and well pemlits, by quitclaim deed, free
and clear of liens and encumbrances, for no additional consideration. The water
rights described in (I) - (6) below are herein referred to as the "Water Rights" and
are specifically identified as follows:
(I) 5.75 acre-feet/year of fully consumable water attributable to
the Stapleton Brothers Ditch, decreed October 16, 1933 in CA
3000, Garfield County District Court, with an appropriation date of
June 30, 1904, with consumptive use quantified in Case No.
99CW306, Water Court, Water Division No.5, on January 31,
2005.
(2) .1 cfs of Stapleton Brothers Ditch Enlargement and Water
Right, Priority No. 777, decreed November 5, 1971 in CA 5884,
Garfield County District Court, with an appropriation date of
September 22,1960.
(3) Rights available to Applicants pursuant to Water Allotment
Contract No. 456 with Basalt Conservancy District dated April 12,
2005, as amended October 11,2005, which authorizes allotment of
water in accordance with said contract in the amount of 6.4 acre-
feet per year.
(4) Bishop Well No. I, located in the SEI/4, NEI/4, Section
II, Township 10 South, Range 85 West of the 6th P.M., at a point
approximately 2040 feet from the North section line, and 1240 feet
from the East section line of said Section II, in Pitkin County,
permit no. 64l55-F.
(5) Gardner/Lee Well No.1, located in the SEI/4, NEl/4,
Section 11, Township 10 South, Range 85 West of the 6th P.M., at
a point approximately 2175 feet from the North section line, and
1625 feet from the East section line of said Section II, in Pitkin
County, permit no. {,yqgS - f .
2
Final] 03 J 06
(6) Bishop Pond, located in the SW1I4, NE1I4, Section II,
Township 10 South, Range 85 West of the 6'h P.M., at a point
approximately 2047.5 feet from the North section line, and 1483.5
feet from the East section line of said Section 11, in Pitkin County,
with a capacity of.6 acre-foot.
Conveyance ofthc above Water Rights shall be a prerequisite to
continued provision of treated water service by the City pursuant to
the Water Service Agreement and this Amendment after thirty days
from entry of a final decree in Case No. 2002CW42. In addition,
upon execution of this Agreement, Applicants shall convey to the
City by quitclaim deed all of their right, title and interest in and to
the Holden Ditch, and all water rights decreed thereto, and shall
not oppose any water court proceedings brought to change or
defend the Holden Ditch water rights. The City agrees that it will
not undertake any water court proceedings to change the Water
Rights described in subsections (1) - (6) above.
Following conveyance to the City, and so long as the City owns the Water Rights, the
City shall be tlle applicant in all water court proceedings to maintain diligence or to make
absolute the Water Rights, and Applicants shall assist the City in such proceedings by timely
providing information necessary to maintain diligence and/or to make the Water Rights absolute.
Applicants shall not oppose any such applications for finding of reasonable diligence or to make
the Water Rights absolute, although they may file statements of opposition in order to be
informed of the course of the proceedings. Should Applicants file statements of opposition for
such purposes, they will promptly thereafter stipulate to entry of a decree upon the pending
application confirming diligence or making the water rights absolute.
4. The second paragraph of Paragraph 13 is deleted, and is replaced with the following:
The treated water delivered by the City pursuant to this Agreement
may be used for all lawful in-building municipal purposes. As of
April I, 2006, no treated water will be used for any outdoor
purposes except the filling of swimming pools and fire protection
purposes. All treated water use will be consistent with the City's
Water Policy Resolution No.5, as amended, series of 1993, and
water conservation ordinances.
Notwithstanding the foregoing, treated water service will be provided to the
Subject Property only so long as all required backflow prevention devices are
properly installed, tested and maintained, no unprotected cross-connections,
structural or sanitary hazards exist, and so long as the City's treated water is used
3
Fillal103106
for purposes authorized by this Agreement. Applicants' water systems (for both
treated and raw water) will be available for inspection to authorized City
representatives as provided in the Aspen Municipal Code to determine whether
cross-connections or other structural or sanitary hazards exist and to confirm that
treated municipal water is being used as authorized by this Agreement, and is not
being used for outdoor irrigation or aesthetic purposes. Upon reasonable request
by the City, Applicants shall provide samples of their municipal water and their
irrigation water to allow the City to confirm thc source of water being used at a
particular location, and to verify the absence of cross-connection.
Treated water service may be suspended if a required backflow prevention device
does not work, is removed or is bypassed, or if an unprotected cross-connection
exists on the Subject Property. Service will not be restored until such conditions
or defects are corrected at Applicants' expense.
5. Paragraph 14 is deleted and replaced with the following:
The City will be the sole provider oftreated and untreated water service to the
Subject Property, and shall provide untreated water service pursuant to the Raw
Water Agreement attached hereto as Exhibit A.
6. Paragraph 23 is deleted and replaced with the following new paragraph 23:
23. Enforcement bv the City. The parties to this Agreement recognize and
agree that the City has the right to enforce its rules, polices, regulations,
ordinances and the terms of this Agreement by suspension of the supply of
water provided hereunder, provided, however, that Applicants will be
given notice of any such violation and a right to cure as provided in the
Code or by Aspen Water Department Standards in effect at the time the
notice is given, but in no event shall the cure period be less than seven
days. In addition, in the event of a final court determination that the
Customers (or any of them) have breached the Raw Water Agreement, the
City may also suspend the supply of water provided hereunder, after
providing seven days notice of suspension for such violation and without
an additional cure period. Suspension of service may be made pursuant to
this paragraph whether or not the Raw Water Agreement itself is
terminated.
In addition, in the event that Applicants (or any of them) or any user who
has purchased or leased a portion of the Subject Property violates
provisions of the City's Code, rules, polices, standards, regulations,
ordinances applicable to municipal water customers, or the terms of this
4
Final 1 031 06
Agreement, the City shall have all remedies available to it at law or in
equity, or as provided in the Code or in this Agreement, including but not
limited to the right to place a lien against the Subject Property, the right to
foreclose such lien, and the right to specific perfom1ance of this
Agreement. Without limiting the foregoing rights and remedies,
Applicants agree 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.
7. Paragraph 24 is deleted in its entirety and replaced with the following new paragraph 24:
24. Termination. This Agreement shall continue until tem1inated.
It may be terminated (1) by mutual agreement of all parties, (2)
together with termination of the Raw Water Agreement, at the
written request of Applicants, as provided below, (3) upon a final
court determination that Applicants have breached this Agreement;
or (4) upon a final court determination that Applicants have
breached the Raw Water Agreement.
(1) Termination bv Mutual Agreement: This Agreement may
be terminated by mutual written agreement of all parties upon
terms and conditions acceptable to all parties.
(2) Termination at Applicants' Election. If Applicants wish to
terminate this Water Service Agreement and the Raw Water
Agreement (both of which must be terminated if termination is
elected pursuant to this paragraph 24(2)), they shall provide written
notice of termination, signed by all Applicants or their successors
in interest, to the City at least 30 days prior to termination. Upon
expiration of said 30-day notice period, Applicants shall, at
Applicants' expense, promptly take all actions required by the City
to disconnect the Subject Property from the City treated water
distribution system. Upon such disconnection, the City shall
reconvey the Applicants' Water Rights described in paragraph 3
above (the restated Paragraph 7 ofthe Water Service Agreement),
but not including the Holden Ditch, to Applicants by quitclaim
deed, without intervening impairment, loss or encumbrance caused
by the City, at no charge, and the City shall have no further
obligation to provide raw or treated water service to the Subject
Property. Applicants shall be responsible for all costs and fees for
5
Final J 03 J 06
disconnection, and all water charges owing as of the date of
disconnection.
(31 Termination as a Result of Breach. Upon a final court
determination that Applicants (or any of them) have breached the
Raw Water Agreement, or upon a final court determination that
Applicants (or any of them) have breached this Agreement, the
City may terminate this Agreement by giving notice of termination,
and no further right to cure must be provided. Unless the
Applicants and the City otherwise agree, following the City's
notice of termination, Applicants shall permanently disconnect
from the City's treated water system, upon the earliest of (a) entry
ofa decree of the Water Court, Water Division No.5, authorizing
in-house uses of water from Applicants' wells or other wells; (b)
approval of a substitute water supply plan that allows in-house uses
of water from Applicants' wells or other wells; (c) Applicants'
connection to the treated water system of another water provider;
or (d) one hundred twenty (120) days from the date of Notice of
Termination.
Upon termination, unless a mutual agreement for termination
provides otherwise, the City shall reconvey the Applicants' Water
Rights described in paragraph 3 above (the restated Paragraph 7 of
the Water Service Agreement), but not including the Holden Ditch,
to Applicants by quitclaim deed, without intervening impairment,
loss or encumbrance caused by the City, at no charge, and the City
shall have no further obligation to provide raw or treated water
service to the Subject Property. Applicants shall be responsible
for all costs and fees for disconnection, and all water charges
owing as of the date of termination.
8. Paragraph 29 is revised to include the following addresses for purposes of notice, and to
delete the names and addresses of the Original Applicants.
6
Final 1 031 06
Archer Bishop Jr. and Sandra Bishop
39600 Highway 82
Aspen, CO 816]]
J. Alston Gardner and Barbara Lee
39590 Highway 82
Aspen, C08161l
and
and
P.O. Box] 1 ]46
Knoxville, TN 37939
3155 Roswell Road, Suite 330
Atlanta, GA 30305
with copy to
with copy to
Patrick, Miller & Kropf, P.c.
Attn: Paul L. Noto, Esq.
730 E. Durant Avenue, Suite 200
Aspen, CO 8161]
Patrick, Miller & Kropf, P.C.
Attn: Paul L. Noto, Esq.
730 E. Durant Avenue, Suite 200
Aspen, CO 81611
9. The Water Service Agreement, as amended herein, remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto set their hands on the date and year above
first written.
Attest:
CITY OF ASPEN
By:
(JLS
Archer Bishop, Jr. as wn
joint tenancy of Lot 2, Gol
Properties Lot lit
4;~hc/ &'l~
Sandra Bishop as owner in
joint tenancy of Lot 2 Golf Course Properties
L tSplit
J er as owner in
. int tenancy of Lot 1, Golf Course
7
Final 103106
Properties Lot Split
STATEOF -l'~~F--v
)
)
)
COUNTY OF 14J"fC
Lot Split
SUBSCRIBED AND SWORN to before me this /30 day of 0d'-'n""c>~
2006 by Archer Bishop Jr. and Sandra Bishop, who personally appeared before me.
WITNESS my hand and official seal.
My commission expires: 7in>'-wt.-I."A ;r,).<J 0 7
STATEOF 0olwMo
COUNTY OF t~ k..
)
)
)
{c
SUBSCRIBED AND SWORN to before me this 10TH day of NOVLVhk ,
2006 by 1. Alston Gardner and Barbara Lee, who personally appeared before me.
WITNESS my hand and official seal.
lLR, '2-01D
N~i~~
8
Final 103106
CITY OF ASPEN
RA W WATER AGREEMENT
This Raw Water Agreement is entered into this day of
2006, by and bctwccn thc City of Aspcn, Colorado ("City"), a home rule municipality with its
principal addrcss at 130 South Galcna Strcet, Aspen, CO 81611 and Sandra and Archer Bishop, Jr.,
and J. Alston Gardner and Barbara Lee. (Sandra Bishop, Archer Bishop, Jr., J. Alston Gardner and
Barbara Lee are herein referred to as "Customers.")
WHEREAS, the City currently owns, operates and maintains in accordancc with the laws of
the State of Colorado and the Charter, Code, policies, and ordinanccs ofthc Cityof Aspcn, Colorado,
the City of Aspen water system, which includes, among other things, watcrrights, decrecs, structures
and facilities permitting delivery of raw waterto various locations within and without the City limits;
and
WHEREAS, Customers own certain land outside the City limits, described as Lot I and Lot
2, Golf Course Properties Lot Split, according to the recorded Plats thereof in Plat Book 18 at Page
26, Plat Book 18 at Page 74, and Plat Book 19 at Page 98, Pitkin County, Colorado, and referred to
in this Agreement as the "Subject Property;" and
WHEREAS, in Case No. 2002CW42, Water Court, Watcr Division No.5, Customers are
seeking adjudication of changes of water rights, underground water rights, a storage right, and
approval of a plan for augmentation (including water rights and contract rights to provide
augmentation supplies), all of which are referred to in this Agreement as the "Customer Water
Rights;" and
WHEREAS, Customers receive municipal water service from the City pursuant to an
extraterritorial water service agreement dated September 16, 1996, and recorded September 4, 1997,
with the Pitkin County Recorder at Reception No. 408086, and amended ,2006, and
recorded (the "Water Service Agreement"), and have agreed to convey
the Customer Water Rights to the City; and
WHEREAS, Customers wish to convey to the City and lease back the Customer Water
Rights pursuant to this Raw Water Agreement for irrigation and aesthetic uses on the Subject
Property, as provided in this Agreement; and
WHEREAS, this Raw Water Agreement is entered into in conformity with and subject to the
laws of the State of Colorado and the Charter, Code, policies, ordinances, rules and regulation ofthe
City;
NOW THEREFORE, in consideration of the mutual promises contained herein, and other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
Final 103106
I. Conveyance ofWatcr Rights. Customers agree that upon entry of a final decrcc ofthe
Customer Water Rights in Case No. 2002CW42, thcywill convey the Customer Water Rights to thc
City by quitclaim deed, free and clear of liens and encumbrances, for no additional consideration.
Thc Customcr Watcr Rights are specifically identified as follows:
a. 5.75 acre-feet/year offully consumable watcr attributable to the Stapleton Brothers
Ditch, decreed October 16, 1933 in CA 3000, Garficld County District Court, with an appropriation
date of June 30, 1904, with consumptive use quantificd in Case No. 99CW306, Water Court, Water
Division No.5, on January 31, 2005.
b. .1 cfs of Stapleton Brothers Ditch Enlargcment and Water Right, Priority No. 777,
decreed Novcmber 5, 1971 in CA 5884, Garficld County District Court, with an appropriation date
of September 22, 1960.
c. Water rights available to Customers pursuant to Water Allotment Contract No. 456
with Basalt Conservancy District dated April 12, 2005, as amended October II, 2005, which
authorizes allotment of water in accordance with said contract in the amount of 6.4 acre-feet per
year.
d. Bishop Well No. I, located in the SEl/4, NEl/4, Section II, Township 10 South,
Range 85 West of the 6th P.M., at a point approximately 2040 feet from the North section line, and
1240 feet from the East section line of said Section II, in Pitkin County, permit no. 64155-F.
e. Gardner/Lee Well No. I, located in the SEl/4, NEI/4, Section 11, Township 10
South, Range 85 West of the 6th P.M., at a pointapproximately2175 feet from the North section line,
and 1625 fcct from the East section line of said Section 11, in Pitkin County, permit no.
"4C\'aS-F
f. Bishop Pond, located in the SWl/4, NEI/4, Section II, Township 10 South, Range
85 West of the 6th P.M., at a point approximately 2047.5 feet from the North section line, and 1483.5
feet from the East section line of said Section II, in Pitkin County, with a capacity of.6 acre-foot.
Following conveyance to the City, and so long as the City owns the Customer Water Rights,
the City shall be the applicant in all water court proceedings to maintain diligence or to make
absolute the Customer Water Rights, and Customers shall assist the City in such proceedings by
timely providing information necessary to maintain diligence and/or to make the Customer Water
Rights absolute. Customers shall not oppose any such applications for finding of reasonable
diligence or to make absolute the Customer Water Rights, although they may file statements of
opposition in order to be informed of the course of the proceedings. Should Customers file
statements of opposition for such purposes, they will promptly thereafter stipulate to entry of a
decree upon the pending application confirming diligcnce or making the water rights absolute.
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2. Provision of Raw Water. The City will be thc sole provider of raw water to thc
Subject Propcrty. No additional supplies will be developed, purchased or appropriatcd for or used
on the Subject Property without the prior agrecment of all parties, and amendment of this Raw Water
Agreement. Upon conveyance to the City of the Customer Water Rights, the City will lease, subject
to the provisions this Raw Water Agrcement, water produccd by the Customer Water Rights to
Customcrs for raw water irrigation and aesthetic purposes on the Subjcct Property. Said water shall
be providcd for use in accordance with the decree entered in Case No. 2002CW42 and all
requirements of statc water administration officials, provided, however, that the City shall not be
requircd to providc water hereunder at such times as, and to thc extent that, (1) state water
administration officials dctermine that the water rights decreed in Casc No. 2002CW42 are out of
priority and cannot bc augmented in accordance with the augmentation plan, or (2) the City imposes
restrictions on raw water deliveries in accordance with raw water curtailment policies, which policies
shall be no more restrictivc on deliveries hereunder to the Subject Property than City curtailment
ordinances or policies applicable to outdoor treated water uses within the City. Should raw water
deliveries need to be curtailed, either because of state administrative ordcrs, or because the City has
imposed restrictions on raw water deliveries as described in the foregoing sentence, Customers agree
to limit or curtail well withdrawals as required, and to limit or curtail diversions to storage, until
Customers are notified that such raw water may again be used. The provisions of this paragraph
shall not preclude the City from suspcnding raw water deliveries as provided in paragraphs 9 and
14.
3. Use of Raw Water on Subiect Property. All raw water use on the Subject Property
shall be in accordance with the decree entered in Case No. 2002CW42, and as further set forth
herein. The Customers may use the raw water leascd to them pursuant to this Raw Water Agreement
for irrigation ofthe existing currently-irrigated landscaping as shown on Exhibit A, which depicts
the currently- irrigated areas, the ponds, water features, the arcas not currently irrigated, and an area
on Lot 2 whcrc native vegetation is being installed (identified on Exhibit A as "Temporary
Irrigation.") The area identified on Exhibit A as "Temporary Irrigation" may be irrigated until
September 30, 2007, and shall not thereafter be irrigated. The City shall conduct an onsite inspection
after September 30, 2007, to confirm that all temporary irrigation systems have been disconnected
and removed. The raw water herein provided may be used in accordance with the decree entered in
Case No. 2002CW42 to fill the Bishop Pond for irrigation control, and for aesthetic, piscatorial, fire
protection and recreation uses as provided in said decree. Other than the temporary irrigation in the
area shown on Exhibit A, there will be no expansion of irrigation to areas not irrigated as of April
l, 2006, and not shown as "currently irrigated landscaping" on Exhibit A, and there will be no
additional water features.
There will be no cross-connections of the raw water irrigation system to the City's treated
water system. Customers will be responsible for the proper installation, maintenance and testing
of required backflow prevention devices, and for assuring that unprotected cross-connections,
structural or sanitary hazards exist.
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Customers' water systems (for both treated and raw water) will be available for inspcetion
as provided in the Aspen Municipal Code, to authorized City reprcscntatives to determine whether
cross-eonncetions or other structural or sanitary hazards exist, to confirm that no treated municipal
watcr is being uscd for outdoor irrigation or acsthetic purposes, to confirm that the irrigated
landscaping is not expanded from the arcas authorized for irrigation as shown on Exhibit A, and to
confirm compliance with curtailment requiremcnts. Upon reasonable request by the City, Applicants
shall provide samples oftheir municipal watcr and their irrigation water to allow the City to confirm
the source of water being used at a particular location, and to vcrify the absence of cross-connection.
4. Structures and Facilities. Customers shall be and remain thc owners of the wells, the
Bishop pond structure, and all other structures and facilities neccssary to utilize the Customer Water
Rights, and shall be responsible for all operation, maintenance, repair and replacement of such
structures and facilities, and for payment of all amounts duc to Pitkin County for the 5.75 acre-feet
of fully-consumable water described in paragraph I (a) above, all amounts due to the Walter Paepke
Life Insurance Trust and Carolc S. Seelen forthe .1 cfs of the Stapleton Brothers Ditch Enlargement
and Water Right described in paragraph I (b) above, for all assessments and other amounts required
to be paid to the Basalt Water Conservancy District pursuant to the Water Allotment Contract
described in paragraph I (c) above, and all amounts required to be paid for well permits and
substitute water supply plans to enable use ofthe Customer Water Rights. Customers shall be solely
responsible for the cost of constructing, cleaning, operating, maintaining, repairing and replacing the
wells, Bishop pond, and all irrigation lines, sprinklers, and other structures and facilities which
enable use of the raw water on the Subject Property.
5.
below.
Term. This Agreement shall continue until terminated as provided in paragraph 14
6. Payment. Customers shall pay an annual charge for the delivery of raw water, based
on the City's raw water delivery rates in effect at the time the water is delivered. The charge shall
be billed to Customers by June 30 of each year in advance of the upcoming irrigation season. The
charge shall be a flat fee based on the square footage or irrigated acreage. Payment shall be made
to the City within 60 days of the billing date. Customers shall not be charged any additional lease
payments.
7. Service Subiect to the Citv Charter. Codes. Rules. Regulations and Policies. All
water service provided hereunder shall be subject to all applicable provisions of the Charter ofthe
City of Aspen and the Aspen Municipal Code, as well as all applicable standards, rules, policies or
regulations of the City now in effect or as may be hereafter adopted, including but not limited to
those provisions ofthe Code applicable to City residents as set forth in Chapter 8.40 and Chapter 25,
provided, however that no such ordinances, rules, policies or regulations shall be applied so as to
impose more restrictive curtailment obligations on Customers or their successors than are provided
for in paragraphs 2, 9 and 14 of this Raw Watcr Agreement.
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Filla! 103106
8. No Right to Reusc or Successively Usc Water. Except as herein provided, Customers
shall have no right to reuse or make a succession of uses of the water providcd pursuant to this Raw
Watcr Agreement. Customcrs agree that they do not, by this Raw Water Agreement, acquire any
interest in water rights owned or controlled by the City, and that any claims thcy may have with
respect to the delivery of water hereundcr are strictly contractual rights as provided in this Raw
Water Agreement.
9. Suspension of Water Delivery. The City shall not be liable for failure to deliver water
by reason of any unanticipated failure of the wells or other delivery infrastructure, or if water cannot
be lawfully delivered in accordance with the decree in Case No. 2002CW42. As stated in paragraph
2 above, the City may also impose restrictions on raw water deliveries pursuant to this Raw Water
Agreement, in accordance with raw water curtailment policies, which policies shall be no more
restrictive on deliveries hereunder to the Subject Property than City curtailment ordinances or
policies applicable to outdoor treated water uses within the City. The City may also suspend raw
water dclivcries pursuant to this Raw Water Agreement following notice of default and failure to
cure as provided in paragraph 14 below.
10. Indemnification. As partial consideration for this Agreement, Customers agree to
indemnify the City and hold it, its officials, agents and employees, harmless from any and all losses,
injuries or claims of any kind whatsoevcr, including all costs of defense and attorneys fees, that may
arise from Customers' use ofthe raw water leased hereunder, or Customers' operation, maintenance,
repair, rehabilitation or replacement of structures or facilities belonging to or controlled by
Customcrs or their agents, employees, or contractors, on or off of the Subject Property. At no time
shall anything contained within this Raw Water Agreement be considered or interpreted to waive or
diminish, in whole or in part, the rights or limitations bestowed upon the City by the Colorado
Governmental Immunity Act, C.R.S. 924-10-101, et Seq., as amended, or any other law, nor shall
the indemnification obligation hereunder cover claims or losses or damages for which the Citywould
not be liable, should this indemnification provision not have been in existence.
11. Water Quality. Customers acknowledge that the raw water that is subject to this Raw
Water Agreement is untreated water, and that the City makes no guarantees or representations
conceming the quality of the water provided, or its fitness for the purposes for which it is used, or
for any particular purpose.
12. Disconnection oflrrigation System from Treated Water System; Cross-Connection
Prevention. The irrigation system on the Subject Property has been disconnected from the City's
treated water distribution system. From and after April 1, 2006, no treated water has been or will
be used for irrigation or other outdoor uses on the Subject Property except as herein specifically
provided. The irrigation system has been connected to the Bishop Well No. I, the Gardner/Lee Well
No. I, and/or the Bishop Pond. Customers will be responsible for assuring that there are no cross
connections to the City water system at any time. The City shall have the right to make reasonable
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requcsts for assurance that no cross-connection exists, and such assurances shall be provided at
Customers' cost.
The City will not seek to rCCOVer from Customers any rcvcnUeS foregone as a result of past
trcatcd water irrigation of the Subject Property that exceeded the amount authorized in the original
Watcr Service Agreement prior to its amendment.
13. Obligations Consistent with Law. The parties agree, intend and undcrstand that the
obligations imposed by this Raw Water Agrcement are only such as are consistcnt with thc state and
federal law. Thc parties further agree that if any provision of this Raw Water Agreement becomes,
in its pcrformancc, inconsistent with state or federal law or is declared invalid, the parties shall either
tcrminatc this Raw Water Agreement and the Water Service Agreement or in good faith negotiate
to modify thc Raw Water Agreement so as to makc it consistent with the state or federal law, as the
casc may be.
14. Default. If either thc City or Customers default in the performance of their
obligations hereunder, the non-defaulting party or parties shall have available all remedies at law or
equity, including the right to specific performance. The following provisions shall apply:
a. Default by Customers.
(I) Non-Payment. If Customers, or any of them, fail to make any
payment hereunder when due, the City shall give notice of non-
payment. Customers shall have fifteen (15) days from the date of
notice within which to make payment. Thereafter, the City may
suspend water deliveries hereunder until payment of all outstanding
balances (including any applicable interest and late fee) has been
received, and the City may, but need not, exercise any other rights
available to it pursuant to the Code, or at law or equity, or pursuant
to this Agreement, including but not limited to the right to place a lien
on the Subject Property, the right to foreclose such lien, and/or the
right to bring an action for damages for breach of this Agreement.
(2) Other Breaches. If the Customers, or any of them, fail to comply
with any other obligation pursuant to this Agreement, the City shall
give notice of default. Such default must be cured within 45 days of
the date of notice of default, provided, however, if such default
cannot reasonably be cured within the initial 45-day period, an
additional period, not to exceed 45 days shall be allowed for cure of
the default. If a default as to which notice is given is not cured within
the applicable period for cure, the City may suspcnd water deliveries
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Final] 03] 06
hereunder until the default is curcd, and the City may, but need not,
cxcrcisc any other rights available to it pursuant to the Code, or at law
or equity, or pursuant to this Agreement, including but not limited to
the right to bring an action for specific performance of this Agree-
ment and/or an action for damages for breach of this Agreement.
(3) Effect of Court finding of Breach. Ifa final court detennination is
made that Customers or any of them have breached this Raw Water
Agreement, such breach wi 11 also be a breach of the Water Service
Agreement, and the City shall have the rcmedies available to it for
breach of the Water Service Agrecment, including suspension of
treated water service and tennination of the Water Service Agreement
as therein provided. In addition, upon a final court detennination that
Customers or any of them have breached this Raw Water Agreement,
the City may tenninate this Agreement as provided in paragraph
15(c).
b. Default by Citv. If the City fails to comply with any obligation pursuant to
this Agreement, the Customers shall give notice of default. Such default
must be cured within 45 days of the date of notice of default, provided,
however, if such default cannot reasonably be curcd within the initial 45-day
period, an additional period, not to exceed 45 days shall be allowed for cure
of the default. Ifa default as to which notice is given is not cured within the
applicable period for cure, the Customers may, but need not, exercise any
other rights available to them at law or equity, including but not limited to the
right to bring an action for specific perfonnance of this Agreement or an
action for damages for breach of this Agreement.
15. Tennination. This Raw Water Agreement shall continue until tenninated. It may be
tenninated in the following manner:
a. Termination bv Agreement. This Raw Water Agreement may be tenninated
by mutual written agreement of all parties upon tenns and conditions acceptable to all parties.
b. Tennination at Customers' Election. If Customers wish to tenninate this Raw
Water Agreement and the Water Service Agreement (both of which must be tenninated if
termination is elected pursuant to this paragraph 15 . b), they shall provide written notice of
tennination, signed by all Customers or their successors in interest, to the City at least 30 days prior
to tennination. Upon expiration of said 3D-day notice period, Customers shall, at Customers'
expense, promptly take all actions required by the City to disconnect the Subject Property from thc
City trcatcd water distribution system. Upon such disconnection, the City shall reconvey the
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Fillal103106
Customer Water Rights (but not the Holden Ditch) to Customers by quitclaim deed, at no charge,
and the City shall have no further obligation to provide raw or treated water service to the Subject
Property. Customers shall be rcsponsible for all costs and fees associated with such disconnection
and all water charges owing as of the date of termination.
c. Termination as a Result of Customers' Default. If the City obtains a final
court determination that Customers or any of them have breached any provision of this Raw Water
Agreement, thc City may give Notice of Termination, and this Agreement shall tcrminate seven days
from the date of such notice.
d. Termination Upon Termination of Water Servicc Agrcement. This Raw
Water Agreement shall terminate automatically upon termination of the Watcr Service Agreement
without thc nccd for any Notice of Termination by the City.
e' Termination as a Result of City's Default. If the Customers obtain a final
court determination that the City has breached any provision of this Raw Water Agreement, the
Customers may give Notice of Termination, and this Raw Water Agreement shall terminate seven
days from the date of such notice.
f. Reconveyance upon Termination. Upon termination, thc City shall reconvey
thc Customer Water Rights (but not the Holden Ditch) to Customers by quitclaim deed, at no charge,
without intervening impairment, loss or encumbrance caused by the City, and the City shall have no
further obligation to provide raw water service to the Subject Property. Customers shall be
responsible for all raw water charges owing as of the date of disconnection.
16. No Waiver or Rights or Remedies. Failure of a party hereto to exercise any right or
remedy hereunder shall not be deemed a waiver of any such right or remedy and shall not affect the
right of such party to exercise at some future time said right or remedy or any other right or remedy
it may have hereunder.
17. Notice. All notices required to be given hereunder shall be in writing, and shall be
deemed given upon personal delivery or upon deposit in the United States mail, certified mail, return
receipt requested, postage prepaid, properly addressed to the party to whom directed at its address
shown below or at such other address as may be given by notice pursuant to this paragraph:
City of Aspen
Water Director, City of Aspen
130 South Galena Street
Aspcn, CO 81611
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Final 103106
with copy to
City Attorney
City of Aspen
130 South Galcna Strcct
Aspen, CO 81611
Customers:
Archer Bishop Jr. and Sandra Bishop
P.O. Box 11146
Knoxville, TN 37939
J. Alston Gardner and Barbara Lec
3155 Roswell Road, Suite 330
Atlanta, GA 30305
and
and
39600 Highway 82
Aspen, CO 81611
39590 State Highway 82
Aspen, CO 81611
with copy to
with copy to
Patrick, Miller & Kropf, P.c.
Attn: Paul L. Noto, Esq.
730 E. Durant Avenue, Suite 200
Aspen, CO 81611
Patrick, Miller & Kropf, P.c.
Attn: Paul L. Noto, Esq.
730 E. Durant Avenue, Suite 200
Aspen, CO 81611
18. Force Majeure. No party shall be held liable for failure to perform hereunder due to
wars, strikes, acts of God, natural disasters, or other similar occurrences outside the control of such
party.
19. Assignment. This Agreement may not be assigned without the written consent ofthe
other party hereto, which consent shall not be unreasonably withheld. Notwithstanding the foregoing
sentence, the rights and obligations of Customers hereunder will be deemed assigned and transferred
to Customers' successors-in-interest to the Subject Property.
20. Entire Agreement. This Raw Water Agreement together with the Water Service
Agreement constitutes the total integrated agreement among the parties regarding the subject matter
hereof, and supersedes and controls all other prior and contemporaneous written and oral agreements
and representations of the parties.
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21. Authority of Signatories. By signing this Raw Water Agreement, thc parties
acknowledge and rcprcscnt to one another that all proccdures necessary to validly contract and
exccutc this Agreemcnt havc becn performed and that the pcrsons signing for each party havc bccn
duly authorized to do so.
22. lnteroretation of Agreement. Neither thc titles to this Raw Water Agreement and its
paragraphs, nor the recitals appearing prior to paragraph I of this Raw Water Agreement shall be
used to alter the meaning ofthis Raw Water Agreement, and in the event ofa conflict, the terms and
conditions of the numbered paragraphs shall govern.
23. Binding Agreement: Recording: Covenant. This Raw Water Agreement is binding
upon the parties hereto, their successors and assigns. This Raw Water Agrcement shall be promptly
rccordcd by thc City, and shall constitute a covenant running with the Subject Property.
24. Litigation. In the event either party is required to take legal action to enforce its rights
under this Raw Water Agreement, the prevailing party shall be entitled to recover its reasonable
attorney fees and costs, including expert witness fees. The parties agree that the forum for any such
litigation shall be the Pitkin County District Court or County Court.
25. Counterparts. This Agreement may be signed using counterpart signature pages, with
the same force and effect as if all parties signed on the same signature page.
IN WITNESS WHEREOF, the parties hereto set their hands on the date and year above first
written.
Attest:
CITY OF ASPEN
By:
CUSTOMERS
Q;~J~:
joint tenancy of Lot 2, Golf Course
Properties Lot Split
vt/7ch~/ .407htY7
Sandra Bishop as owner in
joint tenancy of Lot 2, Golf Course Properties
Lot Split
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Final103 6
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mt tenancy of Lot I, Golf Course
Properties Lot Split
erm
I, Golf Course Propcrtics
STATE OF '-rf',,"/'0u,,-~~
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COUNTY OF /Lt.J(j)(
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SUBSCRIBED AND SWORN to before me this / y~ day of 71iNr;,,-'f',uL- ,2006
by Archer Bishop Jr. and Sandra Bishop, who pcrsonally appcarcd before me.
WITNESS my hand and official seal.
)yo
My commission expires: -7&rv-~A~f!,c-, 15,2- 06 8'
STATE OF hlM,.v;!v
COUNTY OF ~
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SUBSCRIBED AND SWORN to before me this 10TH dayofj-JdIIlrn.be..u, 2006
by J. Alston Gardner and Barbara Lee, who personally appeared before me.
WITNESS my hand and official seal.
My commission expires: ~A,ru.. 2&, 2-010
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