HomeMy WebLinkAboutordinance.council.011-18 ORDINANCE NO. 11
Series of 2018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A WATER SERVICE AGREEMENT WITH THE OWNER OF
GOVERNMENT LOT 20 COMMONLY KNOWN AS 333 S. SECOND STREET, FOR
PROVISION OF TREATED WATER SERVICE OUTSIDE THE CITY LIMITS.
WHEREAS, Lot 20 Little Cloud, LLC submitted an Application for Water Service to the
City Water Department, requesting that extraterritorial water service from the City to serve two
single-family residences on the property described as Tract A of Parcel A of Government Lot 20
Subdivision Exemption according to the plat thereof filed January 8, 1993 in Plat Book 30 at
Page 23, Pitkin County, Colorado, and otherwise known as 333 South Second Street, the final
plat of which project was approved by Pitkin County by Resolution No. 054-2016 and recorded
at Reception No. 631045.
WHEREAS, the property to be served is located in Pitkin County, and not within the City
limits of the City of Aspen; 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, water rights dedication and bond requirements as it deems
necessary to safeguard the best interests of the City; and
WHEREAS, City staff have determined that the proposed Water Service Agreement will
comply with the requirements of the Municipal Code of the City of Aspen, Colorado (the
"Code"), and the expanded service will comply with the requirements of the City's Water
Service Extension Policy, which permits extension of City water service extraterritorially 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 referred to here as
"Resolution No. 5"); and
WHEREAS, City Council must make a determination that the proposed water service
extension complies with the above 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 water service to Applicant's property,
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 City water service to serve two single family homes on Government Lot
20 outside the City limits of the City of Aspen as set forth in the Water Service Agreement, is in
the best interest of the City, and complies with requirements of the Municipal Code of the City of
Aspen, Colorado (the "Code"), and with the requirements of the City's Water Service Extension
Policy and Resolution No. 5, series of 1993, and the City Council approves the Water Service
Agreement in substantially the form attached hereto as Exhibit A and incorporated herein by
reference. All City officials and employees are hereby directed to take such actions as are
necessary and appropriate to fulfill the obligations of the City pursuant to the Water Service
Agreement. The Mayor, City Manager, City Clerk and the Water Director are hereby authorized
and directed to execute the Water Service Agreement and any related documents necessary or
desirable to effectuate the transactions provided for in the Water Service Agreement, provided
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that neither the Water Service Agreement nor any other documents are authorized for execution
until the City Attorney has approved the form thereof.
Section 2. This ordinance shall not have any effect on existing litigation and shall not
operate as an abatement of any action or proceeding now pending under or by virtue of
ordinances repealed or amended as herein provided, and the same shall be construed and
concluded under such prior ordinances.
Section 3. If any section, subsection, sentence, clause, phrase or portion of-this
ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
Section 4. A public heating on the ordinance shall be held on the 14th day of May,
2018, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the day of April,2018.
Mayor
Attest:
City Clerk
FINALLY ADOPTED, PASSED AND APPROVED THIS DAY OF
1..1GU
12018.
Mayor
Attest:
ity Clerk
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CITY OF ASPEN
WATER SERVICE AGREEMENT
This Water Service Agreement is entered into this day of�1 Q
in Aspen, Colorado, between THE CITY OF ASPEN, a Colorado muniEipal corporation
and home rule city whose address is 130 South Galena Street, Aspen, Colorado 8161 f (hereafter
the "City"), and Lot 20 Little Cloud, LLC a limited liability company, organized under the laws of
Colorado, whose address is 515 W Gillespie St, Aspen, CO 81611, CO, United States (hereafter
"Owner").
, 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, such charter, and all such ordinances, rules, regulations, policies
and resolutions.
WHEREAS, Owner is the owner of certain real property comprising approximately 0.9
acres situated in Pitkin County, Colorado, as more particularly described in Exhibit A, and
referred to in this Agreement as the "Subject Property"-,.and
WHEREAS, water service is provided to the Subject Property by the well described on
Exhibit B; and
WHEREAS, Owner seeks to construct two single family residences (the "Project") on the
Subject Property and wishes to provide for City water for the Project described in Exhibit C
hereto; and
WHEREAS, Owner seeks to obtain municipal water service from the City for the Project
on the Subject Property; and
WHEREAS, the Subject Property is located outside the corporate limits of the City; and
WHEREAS, approval for the Project was originally granted by the Board of County
Commissioners for Pitkin County by Resolution No. 054-2016, on July 13, 2016; and
WHEREAS, water service for the Project will require construction and installation of new
mains, lines and facilities described in Exhibit D; 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 written 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 to protect its
best interests', and
III111111111111111111111111111111111111111111111111111111111111llll111111 ll
RECEPTION#: 647861, R: $163.00, D: $0.00
DOC CODE: AGREEMENT
Pg 1 of 31,06/0412018 at 04:22:57 PM
Janice K.Vos Caudill, Pitkin County, CO
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], including the
requirement that the City must recover its costs associated with such extraterritorial service, and
make a profit; 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 will allow the City to recover
its costs of providing such extraterritorial service and make'a profit; 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 equivalent capacity units (hereafter "ECU"); and
WHEREAS,the City desires to encourage the use of raw water supplies for certain outdoor
irrigation where 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 may provide raw water service to the Subject Property in the future by mutual
agreement of the parties; and
WHEREAS, Owner has submitted its Application for Water Service Extension (the
"Application")and has paid all fees required in connection with the Application. 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 Owner 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 Owner agree as follows:
Govt Lot 20 Water Service Agreement 2 1 P a g e '
PURPOSE OF AGREEMENT
1. Water Service to Project and Subject Property. The City hereby agrees 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 Pitkin County as recorded at Reception No. 631045 and attached as Exhibit E.
Owner understands that the City will be the sole provider of raw and treated water to the Project
and the Subject Property,provided, however, that the City shall not be required to supply water to
serve more than 7.0 ECUs, 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 2.75 acre-feet per year. Only those structures and uses approved for the Project
and the Subject Property may be served under this Agreement. Owner agrees to abandon the
existing well, well permit No. 247825,on the subject property in accordance with City and State
standards within sixty (60) days of execution of this Agreement.
2. Limitation of Time to Provide Water Service.The City's obligation to provide water
service to the Project and the Subject Property, pursuant to this Agreement, shall terminate if
Owner has not completed construction of the additional, upgraded or upsized water transmission
and distribution mains, lines, and related facilities described on Exhibit
D to serve the Project by January 1, 2020, unless completion of construction is delayed by farce
majeure as defined in paragraph 30 below, in which case the deadline shall be extended by the
same number of days as the force majeure delay that prevented completion of construction.
CONSTRUCTION BY OWNER
3. Mains. Lines and Facilities. Owner will design and construct the water main
extension and associated facilities for the Project in accordance with and subject to the City's
design, materials and construction specifications and approval, at Owner's own expense.
4. Preconstruction Exhibits. The following exhibits concerning the Project have been
prepared by Owner 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 A._ Property Description
Exhibit B: Description of Existing Facilities
Exhibit C: General description of the Project
Exhibit D: General description of Proposed New Facilities
Exhibit E. Pitkin County Resolution No. 054-2016
Exhibit F. Engineering Memo including ECU estimates, amount of outdoor irrigation,
and fireflow provisions.
Govt Lot 20 Water Service Agreement 3 1 1' a g e
5. Final Plans; Preconstruction Meeting. All final plans and specifications for the new
water main and facilities to serve the subject property shall be subject to review and approval by
the City in accordance with the applicable City regulations and permitting process. No substantial
changes shall be made to the approved final plans and specifications without the City's prior written
approval. Owner 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 Owner's engineer and contractor to
review the final plans and any minor modifications thereto, to discuss construction scheduling, the
deposit in advance of the City's construction inspection fee, and any other matters that the parties
deem necessary. Owner'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, Owner shall obtain
one or more performance and completion bonds naming the City as a third-party beneficiary
thereof, in the amount of 100%of the water system construction costs(including those incremental
costs, if any, for enlarged or additional facilities requested by the City as provided in paragraph 3,
the portion of the bonding attributable to such incremental 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 main and
associated facilities, or for the provision of materials therefor. Owner shall assign to the City all
warranties from materialmen and suppliers which warrant the water system improvements con-
structed by Owner free and clear of defects for a period of two(2)years from the date of completion
construction. .In addition, Owner shall obtain and assign to the City (in form'approved by the City
Attorney) a maintenance or warranty bond equal to one hundred percent (100%) of the water
service system construction costs (including those incremental costs for enlarged or additional
facilities to be bome by the City, the portion of bonding attributable to such incremental 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. Payment in Lieu. The parties acknowledge that it is the policy of the City, if water
rights are not transferred to it by a party seeking extraterritorial water service, to require payment
in lieu of water rights sufficient in quantity and quality to provide the water required for the
requested water service. The payment in lieu amount will be determined in accordance with and
in the amount as set forth in the Code at the time of building permit application, such amount at
the time of this Agreement being $600.00 per ECU.
8. Construction. Upon completion of the prerequisites described in paragraphs 3
through 7 above, Owner shall proceed with due diligence to construct the water main and
associated facilities in accordance with the plans and specifications and the construction schedule.
No construction shall occur between November I and April 1 without written approval of the City
Water Department. An automated meter reading system shall be installed.
Govt Lot 20 Water Service Agreement 41 Pa 2 e
a. Owner agrees to follow current City construction mitigation regulations,
including receiving a CMP review and permit, including the payment of
applicable permit fees.
b. Owner agrees to follow current City Urban Runoff management plan
requirements for the site as agreed to by the applicant's engineer and.City's
Engineering department.
c. Any future demolition of either home will subject that lot(s) to the Code
requirements in place at that time.
"Pretapping" is defined as connection of an individual service line'to a main or distribution
line when the main or distribution line is installed. Should Owner wish to pretap the distribution
lines. a Pretapping Agreement will be required by the City.
9. Fees. Owner shall timely pay 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.. Owner shall also be responsible for timely acquiring and paying for
all permits and permit fees from entities other.than the City (such as Pitkin County and/or other
regulatory agencies) necessary for construction of the mains, lines and associated facilities.
a. Additional mitigation and impact fees shall be as follows:
Fee Little Cloud House 1 Little Cloud House 2
School Land Dedication Fee $16,031.68 $15,518.06
TDMIAir Quality $3,843.00 $1,830.00
Park $34,335.00 $16,350.00
City Affordable Housing $237,756.78 $83301.64
Total $291,966.46 $116,999.70
10. Inspection of Construction. Construction must be inspected by the City's engineers
or other designated personnel prior to burial or final installation. Owner shall give the City
reasonable 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 twenty-four (24) hours of such notice. Owner shall timely pay all construction
inspection fees.
11. Easements: Owner shall obtain at its own cost and convey in perpetuity to the City
any required as-built non-exclusive easements, in form acceptable to the City Attorney, for water
mains, lines, tanks and other water facilities, along with all necessary access easements for
maintenance and repair purposes ("easements"). All mains, lines, and, other utilities shall be
installed pursuant to City of Aspen Water Distribution and Engineering Standards. 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
Govt Lot 20 Water Service Agreement 5 111 a g c
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 under the
Colorado Governmental Immunity Act or other applicable law.
12. Testing - Conveyance - As-Built Drawings. Upon completion of construction and
before any water is delivered pursuant to this Agreement, the water main extension shall be tested
and, upon approval by the City, 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 Owner 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. Two hard copies of
all as-built drawings, including the water system and all other utilities, and a saved version of the
drawings in ArcView format shall be given to the.Water Department in the following format: 2
hard copies (on standard 24" x 36" sheets) with the engineer's stamp and signature; labeled "As-
Constructed'; 1 disk with the ArcView drawing in both .mxd and PDF formats; and, as-built
survey shots in .mxd form.
WATER SERVICE
13. Treated Water Service. Upon completion of construction and acceptance of the
water distribution and transmission mains, lines„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 final approved design drawings, provided that the maximum volume
of water.the City shall be required to supply.each year shall not exceed the amount (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, swimming pools and
outdoor irrigation in accordance with the City's Water Efficient Landscaping Standards, codified
in Chapter 25.30 of the City's Municipal Code, as may be amended. The maximum amount of
outdoor irrigation using treated water shall not exceed 7,500 square feet on the Subject Property.
No raw water irrigation shall be allowed in the absence of a raw water agreement between the City
and Owner, or as otherwise authorized in writing by the City. Notwithstanding the foregoing,
all water use will be consistent with the City's Water Policy Resolution (Resolution No. 5, (Series
of 1993), as amended, and water conservation ordinances including the City's Water Efficient .
Landscaping Standards.
14. Tap Fees and System Development Charges - Computation and Pavment;
Scheduling of Taps. All tap fees for treated water service herein provided shall be assessed
utilizing the City's 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. Unless a Pretapping Agreement has
Govt Lot 20 Water Service Agreement 6 113 a e
been executed by the Owner,the City Water Department shall determine scheduling of all physical
taps or connections to the main lines.
Owner shall also pay to the City a well system development charge in the amount of$400
per ECU. The total well system development charge for the entire Project on the Subject Property
must be paid in full before any delivery of water will be made to the.Project by the City.
15. Service Lines. Each service line shall be metered in accordance with the Code at
the•sole expense of Owner.
16. 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 Exhibits hereto is in any way authorized by this Agreement.-
The
greement: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.
17. Raw Water Service. The City may, at its election provide water for irrigation
purposes on.the Subject Property to the extent it is willing and able to do so utilizing its existing
ditch system. The City shall be the sole provider of raw or treated water for irrigation pursuant to
this Agreement, and unless this Agreement is amended, neither the Owner nor any subsequent
owner or user of the Subject Property will develop or utilize independent raw water systems and/or
.water rights or wells within the Subject Property.
18. Service Subiect to the City's Charter, Codes, Rules, Regulations and Policies.
Owner 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.
19. Rules Regarding Water Use. Owner 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 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. Owner 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. Owner also agrees to prohibit all unnecessary or unreasonable waste of water on the
Subject Property, 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 Sunoly. 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
and beyond the City's reasonable control; therefore, no liability shall attach to the City under this
Govt Lot 20 Water Service Agreement 7 113 a e
Agreement on account of any failure to accurately anticipate availability of water supply or
because of an actual failure of water supply due to inadequate runoff, poor quality, failure of
infrastructure, or other occurrence beyond the City's reasonable control.
21. No Guarantee 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, Owner shall have no obligation to create
any particular volume of return flow from the water furnished under this Agreement. Owner 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 parties to this Agreement recognize and agree that
the City has the right to enforce its rules, policies, regulations, and ordinances and the terms of this
Agreement by the disconnection of the supply of water provided hereunder. Additionally, in the
event that Owner 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, Owner agrees that the City may also enforce such rules, policies,
regulations or ordinances 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 Owner) 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.
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.
Govt Lot 20 Water Service Agreement 8 1 P a g c
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.
ANNEXATION
26. Annexation. Upon the written request of the City, at its sole discretion, Owner or
its successors in interest, shall petition for and/or consent to the annexation of the Project and the
Subject Property, or those portions thereof as deemed appropriate by the City, to the City of Aspen
at such time(s) as determined by the City,, upon at least a 90 day notice to Owner. Such
annexation(s) shall not divest or diminish any land use approvals or development rights awarded
by Pitkin County for the Project or the Subject Property, to the extent such approvals and rights
are legally vested on behalf of Owner prior to annexation to the City. Land use approvals or
development rights not vested in accordance with law prior to the annexation shall be subject to
the terms, conditions, and regulations of the Aspen Municipal Code upon annexation. Failure of
Owner or its successors in interest to commence and complete annexation proceedings as herein
required shall constitute a material breach of this Agreement authorizing the City to terminate the
same. Alternatively, failure of Owner or its successors in interest to commence and complete
annexation as herein required shall authorize the City to commence and/or complete such annex-
ation on their behalf, in which event the City shall charge, and Owner and its successors in interest
shall pay, all costs and fees associated with such annexation.
Notwithstanding annexation of all or any part of the Subject Property, this Agreement will
remain in full force and effect.
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.
Owner agrees that neither it nor its successors in interest shall at any time petition.the Colorado
Public Utilities Commission to acquire jurisdiction over any water rate set by the City. The parties
agree that in the event the City is held to be a 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 right it may have hereunder.
Govt Lot 20 Water Service Agreement 9 1 P 1 g e
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 manner to the
City Attorney, City of Aspen, 130 South Galena Street, Aspen, Colorado 81611. Any party may
change the address to which notice is provided by giving notice in accordance with this paragraph.
30. Force Maieure. 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 remaining 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, provided, however, that subsequent owners of any portion
of the Subject Property shall be subject to the terms and conditions of this Agreement and shall be
entitled to receive water service pursuant to this Agreement without amendment of this Agreement.
33. Entire Agreement. Except as otherwise provided herein,this Agreement, including
its 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 Exhibits hereto, shall be recorded with the Pitkin County Clerk and Recorder, 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
laws 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 the terms of this Agreement or the rights and obligations of the parties hereto, the
prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including
expert witness'fees and reasonable attorneys' fees.
Govt Lot 20 Water Service Agreement 10 111 a g e
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 all parties signed on the same signature page.
IN WITNESS WHEREOF,the parties have executed this Agreement the date and year first
above written.
THE CITY OF ASPEN, COLORADO
ATTEST: A Municipal Corporation and
Home Rule City
By By
L,CICy-Cl-erk Mayor
APPROVEDTO OR .
spe CX Attilin ey
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year
first above written.
LOT 20 LITTLE CLOUD, LLC
a Colorado limited [ability corporation
21"/1�E►,r �QD u(�
By
Title r'Ia�ti4Pr
STATE OF )
'��.�� � SS.
COUNTY OF T— )
TI fore ng instrument was acknowledged before me this day of M, 2018 by
�•
Witness my hand and official seal.
TARA L. NELSON � wa
NOTARY PUBLIC
STATE OF COLORADO II Notary Public
NOT[4.Yc�FA�igs: Z 1
My Commission Expires September 25,20
Govt Lot 20 Water Service Agreement 11 Pa g e
EXHIBIT A
Tract A of Parcel A, Government Lot 20 Subdivision Exemption, according to the Plat thereof
filed January 8, 1993, in Plat Book 30 at Page 23.
y
EXHIBIT B—Existing Facilities
One (1) well, Well Permit No. 247825, 15gpm
EXHIBIT C — Proposed Construction
Two single-family homes
Home
o Approximately 8,250 sqft gross
0 6,300 sqft FAR
Home
o Approximately 3,644 sqft gross
o 3,000 sqft FAR
Irrigation
o Approximately 1,200 sqft of lawn and 5,000 sqft of trees and shrubs on a drip
system, per home. Total of 2,400 sqft of lawn and 10,000 sqft of trees and shrubs
EXHIBIT D—Proposed New Facilities
Proposed commencement of construction: June 2018
Proposed completion of construction: January 2020
Estimated cost of construction: $9.83 million
Size of transmission/distribution mains: 8 inches
Length of transmission/distribution mains: Approximately 250 feet
Water storage tanks: 0
Hydrants: l
Pump stations: 0
Service connections: 3
EXHIBIT E RECEPTION#: 631045, 08/02/2016 at
10:17:37 AM,
I OF 7, R $0.00 Doc Code RESOLUTION
Janice K.Vos Caudill, Pitkin County, CO
RESOLUTION OF TIME BOARD OF COUN,ry CODIDIISSIO\ERS OF PI'I'KIN COUNTI',
COLORADO, GRANTING APPROVAL, OF THE LOT20 LITTLE CLOUD LLC SITE. PLAN
RI.VIEW AND DMAJOR AMENDDIENT'r0 RESOLUTION NO. 111(x2014
Resolution No.6§J-2016
RECITALS
I. I-ot 20 Little Cloud LI,C(`'Applicant'`)applied «1 the Board of C011nh'Commissioners("13OCC")to
obtain Site Plan Review approval to develop two single family residences on a vacant parcel of land.
2. The Applicant is also requesting an amendment to adjust the Boor area distribution bctwccn the two
residences front what was specified in the Activity Egvelope approval. The approval allows two
residences, one with 8.457 square feet of floor arca and one with 1.343 square feet of Floor area. The
Applicant proposes to redistribute the floor arca to increase one residence to 3,000 square feet and
decrease the second residence to 6.300 square feet.
3. The Applicant is also requesting to amend'the approved Activity Envelope Plan to extend the geo-
hazard mitigation envelope and the landscape envelope.
4. The properly is located m 33 S. Second.St.. and is more specifically described as/Tact A of Parcel
A ol'Government Lot 20 Subdivision Iscmption, according the Plat thereof filed January 8. 1993 in flat
Book 30 at Page 23.
5. •fhe parcel contains 39.261 square feet all(] Is a conforming size parcel In the R-I5 zone district.
6. The Planning Commission granted 1041 Hazard Review approval, pursuant to Resolution No. P%-)I-
45. The 1041 hazard review site plan was recorded in Plat Book 27 at Page 72.
7. The I3OCC approved Resolution No. 93-38, which granted subdivision exemption approval to creme
separate parcels from Government Lot 20. which were sold and given to the Pitkin County Open Space
and Trails 13oard to develop a trail. The subdivision exemption plat was recorded in Plat Book 30 at
Page 2.3. The original property contained 61,249 square feet and two separate parcels. A note on the plat
specifies that "all development rights, including floor area ratio-associated with the original Lot 20 are
reserved for the benefit all(] use of Tract A.
8. The BOCC denied a request loran extension ol'vested rights pursuant to Kcsolution No. 98-195,since
the huilding envelope was located on slopes in excess of 30%and within rockfidl hazard areas, where the
Code prohibits development. The Applicant requested a takings determination as a result of the denial, and
the 13OCC subsequently found pursuant to Resolution No. 99-178 that,the denial (lid not constitute a
taking.
9. The I fearing Oflicer granted 1041 hazard review. conceptual submission and special review approval
fora sinule family residence and caretaker dwelling unit, pursuant to Determination No. 32-2002. In the
decision, the Hearing Onicer specifically found that the building envelope had limited exposure to potential
rockfidl hazards. The 1041 hazard review siie plan was recorded in Pfat Book 65 at Page 16. The Hearing
Officer subsequently amended the approval, pursuant to Determination No. I-2003. to specify the maximum
Resolution 1Vo.6Y-2616
Page 3
allowable floor area(9.800 square feet, not including,subgradc space and garage): and pursuant to
Determination No. 25-2003, to permit drilling-of a well as an alternative to City water service.
10. The 13OCC granted an extension ol'the vested rights, pursuant to Resolution No. 006-2006. An
amended 1041 hazard review site plan was recorded in Plat Book 79 at Page 75. The vested rights expired
on February 8, 2009.
11. The Hearing Officer denied the Activity Envelope Review, pursuant to Determination No. 6-2014.
finding that the activity envelope is within a rocklall area, where development is prohibited by Sec. 7-2O-
50(c)of the Code, and that portions of the envelope encroach on slopes in excess of 45% and 30%,
where development is prohibited by Secs. 7-20-20(b)and (c)of the Code. The Applicant submitted a
request to the 13OCC fora takings determination and the BOCC found that the denial constituted a taking
and reined iated the taking by approving the Activity Envelope Plan pursuant to Resolution No. 106-2014.
This Resolution repealed and replaced Resolution No. I'%-91-45: I fearing Officer Determination Nos.32-
2002. 1-2003 and 25-2003; and 13OCC Resolution No.006-2006. The Resolution specified that the BOCC
would review the Site flan application. The Activity 1-nvelope Plan was recorded in Plat Book 109 at Page
14. The vested rights expire on November 19. 2017.
12. Condition 65 of Resolution No. 106-2014 provides the following development parameters for the
property:
A. One or two shhgle funnily residences mar be built on the parcel, based on the 1992 contract with the
C'ountr mrd the note on the plot recorded in Plot Book 30(it Pqt e 23.
na
B. The ninnun allowable floor area shall be 9,500 square feet. based on the original lot size of
61.349 s'guare feet.
C. if two residences are constructed. one residence shall contain no more than 1.343 square feei of
floor area and the second residence shall contain no more than 5.457 square jeer offloor area.
If one residence is conslr+rcHal tre residence shall contain no more than 9,566 square feel of
AM,m'ett.
D. 5.750 square feet njgross floor area is exempt fh-onh groerdt managenhenl fn•each residence.
13. The BOCC considered the application at a duly noticed public hearing on February 10. 2016. at
which time further evidence and testimony were presented with respect to the application.
14. The 13OCC finds that the amendments to the approved Activity Envelope Plan to extend the gco-
hazard mitigation envelope are appropriate to accommodate the required rockfall barrier and the
storimeater deflection wall and regrading and landscaping to provide;t bufler to the adjacent lot. The
amendments are consistent with the previous approval in that they are the result of more detailed
engineering and design studies; do not change the use of the proposed development or the basic character of
the approved use. do not constitute a net\, land development activity; do not increase oll=site impacts in the
surrounding neighborhood and do not endanger the public health,safety or welfare.
15. The 13OCC further finds that the proposed amendment to redistribute the Boor area between the two
residences would achieve a better fit between the size of these new residences and the size of surrounding
residences in the neighborhood.and finds that the Applicant's commitments to reduce the gross Boor area
by 2.000 square feet and to huild a one-story garage alone the front of the smaller house and recess the bulk
of the Boor area to the rear of the parcel lessen the impacts ot'the development. The proposed amendment
Resolulion No.&-30/6
Page 3
does not change the use of the property, will not significantly chan�c the basic character or appearance of
the property, will reduce the gross floor area, will not increase off-site inipacts on the neighborhood. will not
alter the need I'or parking or utilities,or affect anbrdable housing generation.
16. The BOCGfurther finds that the Site Plan complies with the applicable provisions of the Code, as
follows:
A. The required rockfall mitigation will occur on-site with a rockfall barrier above lite residences
within the geo-hazard mitigation envelope.
13. The location. alignment, width• and surface of the driveway from South Second Street have been
designed to comply with the City of Aspen's standards, as required, (lite to the location in the
Urban Growth Boundary and since a portion of the driveway will be within the public road right-
of-way.
C. The Applicant's plan for reconstruction of the Midland Trail in conjunction with construction of
the driveway has been reviewed and preliminarily accepted by Pitkin County Open Space and
Trails and City of Aspen Parks and Open Space, subject to final review of the plans and the
construction management plan at pennil.
D. John Nlechling, P.E. with CI'I.Thompson Inc. asserts that the site can be engineered so that there
is no hazard posed by development on slopes in excess of 30%and 45%. The excavation within
the Building Envelope will be stabilized with a si mificant earth retention s}'stem. Additional
slope stabilization measures(stacked boulder walls, short cantilevered concrete walls, drainage
bernis/walls and large landscape boulders)and landscaping(snowberry.juniper, Aspen) will
stabilize the slopes outside of the Building Envelope but within the Gco-liazard Mitigation and
Landscape Envelopes.
G. A Phase I Environmental Site Assessment found that the site does potentially have recognized
environmental conditions in the form of soils with elevated levels of Icad and arsenic. Soil
samples were taken and evaluated in a Phase 2 analysis. which concluded that the lead levels are
within CDPHE standards, but the arsenic level is exceeded. I lowever, lite levels are not high
as to require remediation and the material is suitable for disposal at the Landfill as a Special
Waste.
P. Nir. Mcchling did not observe any evidence of underground mine workings below the property
and asserts that the risk of subsidence from undergmund mine workings in the site is ail to low.
G. CTI-Thompson Inc.conducted an analysis and found that"nmdflow is not a significant hazard to
the planned improvements on Government Lot 20. Intense runof"f events are likely to include
mostly water and are not expected to contain significant amounts of solids,enough to be classified
as ntudflows."
H. The Applicant's drainage plan has been designed to ensure that historical stonnwater now pattens
and runoff aniounts are maintained. A storniwater deflection wall(approxiniately 15"exposed
above grade on the uphill side) is proposed above the residences to deflect stonnwater to the north;
where the water then flows onto the Midland Trail and then into South Second Street.as it would
today. A stonn sewer system will discharge into a common stonnwater drywell system.
1. The Propertyis within the scenic view protection arca ("SVTA") as seen front Slate Highway
82/Main Street at the intersection with South Second Street. The residences would not be visible
front Main Street. The property is 2.5 blocks front Main Street and to the west of the area visible
at the end of South Second Street. and does not contribute to the "visual entrance image"of the
City or the County. The development is sited at the edge of the City and is surrounded by other
developed properties, so it does not contribute to the County's rural atmosphere.
Re idwinit AlohU -2016
Pale 4
J. landscaping will be used (1) Along the driveway within the Second Street rigInt-of=way to buffer
the driveway from adjacent buildings; (2)AlonL the Midland Trail corridor to buffer the ujil from
the houses: (3) Along the eastern side of House 42 to provide a huller between House 92 and the
house on Little Cloud Lot 2:and (4) Within the Leo-hazard mitigation envelope to soften the
appearance of the rockfall mitigation fence and life stomnwater deflection wall.and to stabilize and
revegetate disturbed areas.
K. Adequate om-site parking is provided: two spaces in each garage and four additional oll'street
spaces.
NOW, THEREFORE. BE IT RESOLVED by the BOCC that it does hereby approve the Lot
20 Little Cloud Site flan Review and i'vhilor Amendment, subject to the following conditions, which
shall nm with the land and he binding on all successors in interest:
I. 'rhe Applicant shall adhere to all material representations made in the application or in public
meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
2. The conditions of Resolution No. 106-2014 shall remain in fill force and effect.except as amended
herein.
3. Prior to submission of any development permit applications, the Applicant shall be required to
submit for approval by the County Attorney and Community Development Director a Site Plan in
accordance with Land Use Code Section 2-30-20(g)and Application Manual Section 2.1.12. The
above referenced approvals shall be a condition precedent to finalization and recordation. The Site
['hill shall be amended as follows, prior to submission for recordation:
A. .Incinde the planting plan. The plantings along the PVlidland Trail shall be diversified to include
other native plamllnLs such as serdiceberry and sage. Plantings. when mature, must not Interrupt
proper sight lines or encroach into the.trail corridor. Plantings at the end of Second Street shall
include evergreen trees to provide year-round screening. _
13. Depict the revised driveway alignment.
C. Amend the "Protect Site Map- to depict the activity envelopes as amended in this approval.
4. Concurrent with recordation of the Site flan. the Applicant shall:
A. Record a Deed Restriction to ensure that the garage for Flouse »2 remains one story in height.
13. Record a Covenant over the property to the benefit ofthe County for the continued inspection
and maintenance of fife rockfiall barrier. the storm water deflection wall. and the storm water
system. The Covenant shall allow the County to enforce if the Applicant tails to adequately
perform the required inspections and maintenance. The Covenant shall be dedicated, accepted,
and recorded with the Site Plan.
The flexible steel mesh rockfall barrier shall be installed and a qualified professional engineer or
ecologist shall certify that fife barrier was buill to the required design standards. prior to
commencement of any other construction activities.
Resolution MA,-)V-2016
Pnge J —
6. With the building permit applications for the residences, the Applicant shall submit a landscape plan
that shall be substantially consistent with the Planning Phan in the recorded Site Plan.
7. With the Earthmoving/Clearing/Gntbbing permit application for the rockfall barrier and the slonnwater
deflection wall and any and all other hardsctpe. retaining walls.earthwork. utilities, landscaping and
any water features, the Applicant shall:
A. Submit plans and specifications Im the rockfadl barrier and the storntwater deflection wall that have
been signed and stamped by it qualified professional engineer or geologist licensc&in the State of
Colorado. The plans shall be reviewed and approved by the Colorado Geological Survey. prior to
issuance of the pentit.
13. Submit a site specific drainage and erosion control plan prepared by it qualified engineer or
geologist for review and approval by the Planning]--it oer and the City of Aspen I nginecr(its'it
affects the City right-of-way. The plan shall demonstrate that no drainage will adversely affect
neighboring-properties or the Midland Trail. The area that previously drained to the City right-of-
Way will be pentitted to drain to the right-of-way if impervious areas are treated 11or Water Quality
Capture Volume: additional flows shall not drain into the City right-of-way. The proposed outfall
front the onsite drytvells shall be removed, unless the otn(all is permitted by the City Engineer.
C. Submit a construction management plan for review and approval by the Planning Engineer.
D. Submit a detailed landscape plan,tree mitigation plan and Fevegetation plan for disturbed areas %hitt
appropriate sced mixes.
R. Prior to issuance of any building pennits. the Applicant shall obtain an Access Pentit for the driveway
and the reconstruction of the Midland Trail. The pennit shall be reviewed and approved by the
Planning [Engineer. the Aspen Fire Marshal. the City of Aspen Engineer. City of Aspen Parks and Open
Space, and Pitkin County Open Space and Trails. The driveway must be located within the access
easement shotwt on the subdivision exemption plat recorded in Plat Book 30 at Page 23. The Applicant
shall obtain a City of Aspen right-of waypermit for the driveway cut and any other work or
development within the City right-of-way, prior to issuance ofthe Access Pentit. With the Access
Pennit application, the Applicant shall:
A. Submit a site specific drainage and erosion control plan prepared by it qualified engineer or
geologist.
13. Submit it Construction management plan.The plan shall include provisions for it trail detour
during construction of the driveway.
C. Submit a detailed landscape plan.tree mitigation plan and reveget tion plan for disturbed areas with
appropriate seed mixes. Plantings along the trail shall not encroach into the trail corridor and shall
not interrupt proper sight lines. "I'lie existing chokecherry trees and stature shrubs on the north side
of the trail to the west of the driveway crossing shall be preserved and retained.
D. "file trail shall be crowned or outsloped with a 2%slope.
E. The plans shall include cross sections and profiles of each side of the driveway; the location of stop
signs on the driveway on both sides of the trail and the location of signage to notify trail users of
the driveway crossing.
9. The Applicant shall pursue the improvements at the end of Second Street. including but not limited to
the driveway. landscaping and drainage improvements,as soon as all necessary approvals are obtained
Resolution No.hq 2016 _
Page 6
and permits issued. in order to mitigate the erosion and storm water runnlT impacts to Second Street and
the rajas Condominiums storm water system during construction.
10. Prior to issuance of the first building permit, the Applicant shall purchase and install it We-Cycle station
to serve the neighborhood. The station location shall be approved and permitted by City of Aspen
Engineering.
If. Prior to issuance of the I:arthmoving/Clearing/Grbbin_permit or the Access Permit,the.Applicant
shall obtain a permanent encroachment license from the City of Aspen for the following development
within the right-of-way—the portion of the snownmelted driveway. the trenchdrain and the drywel Is.
The drywell in the City right-of-way shall be sized to accommodate the right-of-way drainage and the
snownmelt from the snow storege area. The drywell can also be utilized to capture runoff from the
snownmelted driveway. It will be the responsibility of the property owner to maintain the drywells and
associated piping.and ensure that the storm water management system for the Ajax:Condominiunis is
not impacted .
12. Prior to the final inspections fix the residences, a qualified professional engineer shall ceyify that the
stormwater deficction wall and all retaining walls were built to the required design standards.
13. The Applicant shall comply with all standards for development .within Scenic View Protection Areas
its represented in the application and approved in this Resolution. The exterior of the residences
shall utilize indigenous earth tone materials or colors. The"light colored brick'and "light stained
wood siding/screen"shall be replaced with darker materials that blend more into the surrounding
landscape. The roofs shall have a non-rellective color or composition. Reflective roof materials
shall not be used unless the materials are treated prior to installation to eliminate reflectivity:with the
exception of niaterials associated with solar or photovoltaic equipment. Driveway lighting is
prohibited and all other lighting shall complywith the lighting code.
14. The maxinmun allowable floor arca for the two residences shall be 9.300 square feet. One residence
shall contain no more than 3.000 square feet of Iloor arca and the second residence shall contain no
more than 6.300 square feet of floor area. The gross floor arca of the two residences shall be no
more than 17.300 square feet. which includes 750 square feet of exempt floor arca for a garage for
each residence. 2.500 square feet of exenmpt below grade space for the smaller residence, and 4.000
square feet of csempi below grade space lir the larger residence. 5.750 square feet of gross floor
arca is exempt from growth managenen for each residence
15. Retaining mvalls over 4' in height shall he engineered.
16. No snownmch shall he used.at the trail crossing of the driveway. 3"of clean,compacted snow shall be
left on the u.mil through the winter months to insure a scanmless skiing connection on the Midland Trail.
17. Signage stating"No parking October—\lay"shall be posted in both snow storage areas.
18. All areas disturbed by construction shall be revegctated with native shrubs and grasses within one
Crowing season of the project's completion.
Resnhuion AVOW-2016
Page 7
19. No development in excess of 30"above or below natural grade shall occur within the setbacks of the
lot, with the exception of driveways and associated retaining walls of up to G above or below natural
grade and fencing. Landscaping in the limn of berms shall not exceed four feet front the most
restrictive!,,rade. Any development located within setbacks mandated by County zoning regulations
that docs not comply with these restrictions shall require a variance front the Board of Adjustment.
Approval of an activity envelope within such setbacks does not assure approval of a variance.
20. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
21. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § d-1,10 and C.R.S., § 2d-6s-105. The statutory vested rights granted herein shall expire on
July 13, 2019.
Na ICF OF PUBLIC HEIARING PUBLISHED IN THE ASPEN TUNIES WEEKLY on the 31' day
of December. 2015.
APPROVED AND ADOPTED this 13ih day of July. 2016.
PUBLISHED AFTER .V)or I( N FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times weekly on the day of . 2016.
BOAKD OP COUNn, CONINIISSIONERS
01' PffKIN COUNTY.COLORADO
By — _
A; 'P6 'I`. Ra tel I . Richards Chair
Date 7 �7iiC
Jean he Jones. Clic I30CC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
�nGtf-
John Ely.. Cindyillouben,
County t Community Development Director
11081-15: PIDQ73512420001
EXHIBIT F
MEMORANDUM
To: Matt Brown
Lot 20 Little Cloud. LLC.-
Via Email: mbrown((bmercllalltserviceshq.com
From: Wright Water Engineers, Inc. DRAFT
Jonathan Kelly, P.E.
Date: October 23, 2017
Re: Lot 20 Little Cloud Water Service Extension Application
Wright Water Engineers, Inc. (W WE) provides the following memorandum to summarize domestic
and irrigation water demands for the Lot 20 Little Cloud development. We used floor plans from KA
Designworks and landscaping specifications from Connect One Design as inputs to the City of
Aspen's Residential ECU Calculator. Results are attached as House One Water Use and House Two
Water Use. .
As the landscape planning for the two residences has not been finalized, WWE used the following
outdoor parameters for estimating ECUs and water demand:
House Pool/Water Irrigation Hose Bibs
Features
One 1,500 gal 4,400 ft' 4
Two 1,000 gal 3,100 ft' 3
House One has an ECU rating of 4.20,with 0.56 ECU for irrigation demands(landscaping,hose bibs,
and water features) and 3.64 ECU for domestic uses. The rating for House Two is 2.63 ECU with
0.38 ECU for irrigation (landscaping and hose bibs) and 2.25 ECU for domestic uses. Assuming an
industry accepted standard of 350 gallons per day (gpd) per ECU, estimated water usage for two
residences is shown below:
House ECU Rating Water Demand
(gpd)
One 4.20 1,470
Two 2.63 920
Attachments
cc: Paul Noto, Esq.
Z:\w WEA16I-002101G0=\Water Service MemoAmx
Wright Water Engineers,Inc.,818 Colorado Ave.,Glenwood Springs,CO 81601
Tel.970/945-7755;Fax.970/945-9210,e-mail:jkely@vvdghtwater.com
Bltlg.Permit
U.C.P.No. L _
THE CITY OFASPEN WATER DEPARTMENT
ff1_ C CITY GP Ait•CN 130 SOUTH GALENA STREET
DISCLAIMER:The fees calculated here are estimates only and may not be the final fees charged.Your final fee estimate will be
determined at the issuance of permit.
PERMIT INFORMATION _.
JOB ADDRESS PERMIT DATE
Lot 20 Little Cloud 333 S.Second Street Aspen,CO 81611 10/20/2017 _
LEGAL LOT BLOCK SUBDIVISION PARCEL ID
DESCRIPTION Government Lot 20 Subdivision Exemption Tract A Parcel A 273512420001
ACCOUNT NUMBER #OF METERS FIRE SUPRESSION SYSTEM REQUIRED? SERVICE AREA
R014044 1 YES SERVICE AREAL
DESCRIPTION OF WORK
NEW DEVELOPMENT SINGLEIMULTIFAMI
OWNER
NAME PHONE'NUMBER _
Matt Brown _ 215 266-5211
EMAIL ADDRESS
mbrown merchantserviwsh .com
MAILING ADDRESS
515 W.Gillespie StreefAspen,CO 81611 -
OWNER'S AUTHORIZED AGENT
NAME PHONE NUMBER
EMAIL ADDRESS
GENERAL CONTRACTOR
NAME PHONE NUMBER
Chns Madigan 970 319-2232
EMAIL ADDRESS
chrisArnadirtanw.w
ARCHITECT OR DESIGNER OF RECORD
NAME PHONE NUMBER
KA Design Works (970)948-9510
EMAIL ADDRESS
eriKtMka-des1qnwarks,mnrI
ENGINEER OF RECORD
NAME PHONE NUMBER
Wright Water Engineers.Inc: 970 9457755
EMAIL ADDRESS
'kelivOwriahtwater.00rn
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Bldg.Permit
'U.C.P.NO.
ASPEN WATER DEPARTMENT
130 SOUTH GALENA STREET
ASPEN,CO 61611
DISCLAIMER:The tap fees calculated here are estimates only and may not be the final fees charged.Your final tap fee estimate will be determined
at the issuance of permit.Final tap fee is subject to final inspection.
PERMIT INFO_ RM_ _ATION
JOB ADDRESS PERMIT DATE
Lot 20 Utile Cloud 333 S.Second SVeel Asper.CO 81611 IWM2017
LEGAL LOT BLOCK SUBDIVISION PARCELIU
DESCRIPTION Govermnenl LotSubdivision Exemption Tran A Parcel A 273512420001
ACCOUNT NUMBER a OF METERS SERVICE AREA
8014044 1 SERVICE AREA 1
DESCRIPTION OF,WORK SERVICE LINE SIZE(If known)
NEW DEVELOPMENT SINGLEIMULTI FAMILY RESIDENCE 0 inch
:COMPUTATION'OF FEE
TOTAL ECU SERVICE AREA CHARGE TOTAL
UTILITY INVESTMENT CHARGE 1 4.20 S 5.795.00 524.339.00
POTENTIAL FEE FOR UTILITY HOOK UP SEE COA MUNICIPAL CODE TITLE 26
MINIMUM SERVICE LINE SIZE 1.5" ESTIMATED CONNECTION FEE DUE $24,339.00
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Bldg.Pemit
U.C.P.No.o.
THE CITY OFASPEN WATER DEPARTMENT
THE CITY Of ASPEN 130 SOUTH GALENA STREET
DISCLAIMER:The fees calculated here are estimates only and may not be the final fees charged.Your final fee estimate will be
determined at the issuance of permit.
_ PERMIT INFORMATION'. .
JOB ADDRESS PERMIT DATE
Lot 20 Lidle Cloud 333.S.Second Street Aspen,CO 81611 10120/2017'
LEGAL LOT BLOCK SUBDIVISION PARCEL ID
DESCRIPTION Govemment Lot 20. Subdivision Exemption Tract A,ParcelA 273512420001
ACCOUNT NUMBER #OF METERS FIRE SUPRESSION SYSTEM REQUIRED? SERVICE AREA
R014044 _ YES: ' SERVICE AREA
DESCRIPTION OF WORK
OWNER
NAME IPHONE NUMBER
Matt BrO n 215 266-5211.
EMAIL ADDRESS
mbamn merchantservicesh .con
MAILING ADDRESS
515 W.Gillespie Street Aspen.CO 81611 _
OWNER'S AUTHORIZED AGENT
NAME PHONE NUMBER
EMAIL ADDRESS
GENERAL CONTRACTOR
NAME PHONE NUMBER
Chris.Madigan 970 319.2232
EMAIL ADDRESS
dhris madi anbo.co
ARCHITECT OR DESIGNER OF RECORD
NAME PHONE NUMBER
KA Desi mWoiks _ _ 970.948-9510
EMAIL ADDRESS
edk ka-desi nworks.com.
ENGINEER OF RECORD
NAME PHONE NUMBER _
Wright Water Engineers,Inc. 970 940755
EMAIL ADDRESS
'kel rihtwater.mm
PROPOSED SINGLbMULTI FAMILY RESIDENCE CONDITIONS
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RESIDENTIAL COST ESTIMATE
Bldg.Pem,h
U.C.P.No.
ASPEN WATER DEPARTMENT
130 SOUTH GALENA STREET
ASPEN,CO 81611
DISCLAIMER:The tap fees calculated here are estimates only and may not be the final fees charged.Your final tap fee estimate will be determined
at the Issuance of permit.Final tap fee is subject to final inspection.
PERMIT INFORMATION
JOB ADDRESS PERMIT DATE
Lot 20 Little CIaW 333 S.Second Street Aiij,en,CO 81611 10/202017
LEGAL LOT BLOCK SUBDIVISION PARCELID
DESCRIPTION Guvemment Lot Subdivision Exemption Tract A Parcel A 2735124200(11
ACCOUNTNUMBER 0 O METERS SERVICE AREA
R014044 1 SERVICE AREA 1
DESCRIPTION OF WORK SERVICE LINE SIZE(if known)
0 inch
_ COMPUTATION OF FEE
TOTAL ECU SERVICE AREA CHARGE -TOTAL
UTILITY INVESTMENT CHARGE 1 2.63 S 5.795.00 $15,240.65
POTENTIAL FEE FOR UTILITY HOOK UPSEE COA MUNICIPAL CODE TITLE 25
MINIMUM SERVICE LINE SIZE 1.011 ESTIMATED CONNECTION FEE DUE $15,240.65
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