HomeMy WebLinkAbout2.03 Extension of Water to Rifle Airport 03.12.1992LOYAL E. LEAVENWORTH
JAMES S. LOCHHEAD
SHERRY A. CALOIA
THOMAS L. ADKISON
LEAVENWORTH & LOCHHEAD, P.C.
ATTORNEYS AT LAW
March 12, 1992
David W. Robbins, Esq. - VIA FAX
Hill & Robbins
100 Blake Street Building
1441 Eighteenth Street
Denver, CO 80202
Don DeFord, Esq.
Charles E. Deschenes, Administrator
County of Garfield
109 Eighth Street
Glenwood Springs, CO 81601
1011 GRAND AVENUE
P.O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (303) 945-2261
FAX: (303) 945-7336
Russell George, Esq. - VIA FAX
Stuver & George, P.C.
P. O. Box 907
Rifle, CO 81650
Re: Trifle Land Associates/Garfield County Airport Authority/City of Rifle
Gentlemen:
Enclosed is a copy of the revised agreement. I have only enclosed a red -lined copy
showins you the changes I have made since the last draft. I am still waiting to hear from
Russell George concerning the Airport Authority and County review of the original draft. I did,
however, make one change in Paragraph 4 that Russ mentioned to me.
The City will receive this copy in its packet on Friday, March 13, 1992, at the end of
the day. Hopefully, if Russ has any additional changes, he can provide them to me prior to
packet distribution. It is always harder to explain why a change was made than simply distribute
the final draft. Also, Dave Robbins needs to confirm that Exhibit A is still accurate. I do not
believe this reflects the sale of the CTDC parcel, which I would suggest we simply add to the
bottom of Exhibit A to the agreement with the following language: "Excepting therefrom the
parcels of land described in the documents recorded in the Office of the Clerk and Recorder in
Book at Page .11
Hopefully, the City Council will approve this agreement at their meeting on March 18.
Very truly yours,
LEAVENWORTH & LOCHHEAD, P.C.
LEL: rin
Enclosure
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AGREEMENT
THIS AGREEMENT is made and entered into this day of March, 1992, by and
between the CITY OF RIFLE, Colorado, a Colorado home -rule municipal corporation, whose
address is P. O. Box 1908, Rifle, Colorado 81650 (hereinafter the "City"); RIFLE LAND
ASSOCIATES, LTD., a Colorado limited partnership, c/o Robert E. Chancellor, General
Partner, whose address is P. O. Box 887, Breckenridge, Colorado 80424 (hereinafter "RLA");
and the GARFIELD COUNTY AIRPORT AUTHORITY, a quasi -municipal corporation,
organized and existing pursuant to C.R.S. §41-3-101, et seq., whose address is c/o Garfield
County Administrator, 109 Eighth Street, Glenwood Springs, Colorado 81601 (hereinafter the
"Authority"). '
WITNESSETH:
WHEREAS, RLA is the owner in fee simple of the property described on Exhibit "A"
attached hereto and incorporated herein by this reference, which property is known as the
Garfield County Airport Planned Unit Development (hereinafter the "RLA Property"); and
WHEREAS, the City of Rifle owns and operates municipal water and wastewater
treatment facilities; and
WHEREAS, the Authority has jurisdiction over the property (hereinafter the "Authority
Property") described on Exhibit "B" attached hereto and incorporated herein by this reference,
which property is commonly known as the Garfield County Regional Airport; and
WHEREAS, the City and RLA have heretofore entered into agreements dated June 25,
1986, and June 8, 1989, which agreements are recorded in the Office of the Clerk and Recorder
of Garfield County, as Reception No. 372427 and Reception No. 402845, respectively; and
WHEREAS, RLA and the Authority have heretofore entered into an agreement dated
January 19, 1983, which agreement concerns the provision of water service to the Authority;
and
WHEREAS, the parties desire to enter into this Agreement to set forth the terms and
conditions of their agreement in writing.
NOW, THEREFORE, for and 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. Prior Agreements. Except as expressly modified herein, RLA and the City agree
that the prior agreement of parties dated June 25, 1986, as amended by Addendum dated April
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1, 1988, which Addendum is recorded as Reception No. 392231, is ratified and affirmed. The
City and RLA further agree that the Agreement of June 8, 1989, which Agreement is recorded
in Book 758, at Page 862 as Reception No. 402845, is null and void and of no further force and
effect.
2. Extension of City Water Service to RLA and Authority Property. The City, RLA,
and the Authority agree that they are desirous of extending the City's municipal water service
to the Authority's Property and to provide municipal water service to the Garfield County
Regional Airport and the existing and future users located therein. For that purpose, the parties
agree as follows:
A. Extension of City Water Line. The parties agree that the existing City water line
shall be extended and connected with the existing 8" water line which runs in a
generally northerly direction from the existing 30,000 gallon water storage tank
located south of County Road 352 along and in rights-of-way adjacent to or part
of that certain road known as Martin Road. For that purpose, under the direction
and control of the City, the facilities necessary to make such connection will be
installed by the City pursuant to the terms and condition set forth herein. The
plans and specifications, which are hereby approved by the parties hereto, for said
extension shall be as set forth on Exhibit "C" attached hereto and incorporated
herein by reference. Said plans and specifications provide that said water line
will proceed from the existing City water line in a easterly direction, thence cross
County Road 352 to the north, and then proceed further east until the connection
with the existing 8" line running north and south into the Garfield County
Regional Airport property. The parties may, by mutual agreement, in lieu of
crossing County Road 352, recontour RLA's Property on the south side of said
County Road in a manner that will permit, pursuant to agreed upon engineering
plans and specifications, the location of said new water line along the south side
of said county road up to the connection with the existing 8" line that runs into
the Authority Property. For that purpose, unless the Authority has a disposal site
it desires to use, RLA agrees that it will provide a disposal site for any material
removed from the hillside located on the south side of County Road 352 at a
location to be mutually agreed upon, which approval shall not be unreasonably
withheld. RLA agrees that it will pay the costs, in advance, to the City of any
and all materials required by said plans and specifications, which materials are
attached hereto as Exhibit "D" and incorporated herein by this reference. Upon
thirty (30) days notice by the City to RLA of its intent to commence construction,
RLA shall pay the City for the cost of such materials. Any changes to said plans
and specification and material list will be mutually agreed upon by the parties.
The City agrees that, in conjunction with the Board of County Commissioners of
Garfield County, it will cause the installation of such materials and said water line
as soon as reasonably possible, but in no event later than December 31, 1992.
For that purpose, Garfield County has executed this Agreement for the purpose
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of indicating its consent to participate in the installation of said water line; the
County's participation shall be limited to the recontouring of the hillside and
digging of the water line trench to specifications determined by the City.
3. City Water Service at Authority Property. Upon the completion of the water line
referred to in Paragraph 2 above, which water line shall be owned, operated, maintained,
repaired and replaced by the City, the City shall provide municipal water service to the
Authority Property, and all water service to the Authority Property shall be provided by the City
only, upon the following terms and conditions:
A. System Improvement Fee and Water Tapping Charges. Recognizing that the City
currently imposes certain fees and charges for the connection of water service to
the municipal water system, the City and the Authority agree that as to the
existing water uses at the Authority's Property, which water uses are more fully
defined on Exhibit "E" attached hereto and incorporated herein by reference, a
fee under City ordinances in the amount $8,425.00 would be due. RLA in
furtherance of its responsibilities to assist the Authority in obtaining a potable
water supply agrees to pay any fee the City might require. The City, in
consideration of the other promises and covenants contained herein, agrees to
accept a fee of $5,000.00 in full satisfaction of any and all fees required by City
ordinances for the existing water uses, which fee shall be due and payable by
RLA to the City on behalf of the Authority and its existing water users at the
same time as RLA is obligated to pay the City for the materials necessary to
construct said water line, as set forth in Paragraph 2, above. The Authority
agrees that all future uses of future water users, including any expansion of use
by existing users within the Authority Property, shall pay the system improvement
fee, water tapping charges, and water rights dedication fees required by then
applicable City ordinance. The Authority further agrees that no water use will
occur within the Authority Property except as provided by the City of Rifle
pursuant to this paragraph.
B. Water Meters. All water use within the Authority Property shall be separately
metered, as required by City ordinance. Such meters shall be installed at the time
of and prior to the connection of the Authority water users to the City's municipal
water system, pursuant to specifications required by City ordinance and the City
Engineer. RLA, in furtherance of its responsibilities to the Authority, agrees to
pay the cost of the meters as contained on Exhibit "D". The City shall install
such meters at locations to be mutually agreed upon. The location of such meters
shall be pursuant to mutual agreement between the City and the Authority, or its
lessees, which consent shall not be unreasonably withheld.
C. Ownership of Water Lines and Other Facilities. The City, RLA and the
Authority agree that, upon completion of the water line extension project referred
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to in Paragraph 2, above, the City shall own, operate, maintain, repair and
replace those facilities installed pursuant to the plans and specifications referred
to in said paragraph; provided further that the City shall own, operate, maintain,
repair and replace that the existing 8" water line which extends from the north
from the existing 30,000 gallon water storage tank to the Authority's Property
boundary. The Authority shall own all water lines and appurtenant facilities
located north of the Authority's Property boundary and shall be responsible for
operation, maintenance, repair and replacement of said lines and appurtenant
facilities. The City shall own and be responsible for operation, maintenance,
repair and replacement of the existing 30,000 gallon water storage tank, which
will be transferred to the City by RLA, together with necessary rights-of-way for
the tank and water line extension project, in furtherance of its obligations to
provide the Authority with a water supply.
D. Rates for Water Service. The Authority, and all lessees located within the
Authority's Property, shall be responsible for the payment of water service
charges imposed by the City, from time to time, including without limitation all
pump station surcharges, as regularly imposed in a non-discriminatory manner by
the City, for water service within the Authority's Property. If the Authority's
Property is annexed to the City, such water service charges will be charged at the
then applicable in -City rate; until such time as the property is annexed to the City
of Rifle, water service charges, including system improvement fees and water
tapping charges shall be charged at the out -of -City rate.
E. City Ordinances. All water use within the Authority Property shall be subject to
City ordinances concerning water use, including without limitation, the provisions
of Title 10.
F. Easements. To the extent necessary, RLA shall convey to the City such
easements as are required for the City to own, operate, maintain, repair and
replace the water lines which are owned and operated by the City pursuant to this
Agreement. Garfield County, by signing this Agreement, further consents to the
use of any right-of-way owned by the County for utility purposes by the City of
Rifle.
4. Sewer Service at Authority Property. The parties hereto acknowledge that it is
the City's desire to extend City wastewater treatment facilities to the Authority Property and to
the RLA Property at some time in the future. Therefore, the City waives any objection to the
installation of septic tanks/leach field wastewater treatment facilities f u [ the AirportProperty
until such time as City wastewater treatment facilities are available at the Authority Property.
The Authority agrees, subject to the terms and conditions of any existing leases by the Authority
with users located within the Authority Property, to connect all wastewater users within the
Authority Property to City wastewater treatment facilities at such time as wastewater treatment
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facilities are within MO feet of any building or structure located within the Authority Property.
All such connections shall be made at the Authority's cost within twenty-four 4 months after
.:.........:.................
said City wastewater treatment facilities are within said 20feet; provided further that the
Authority shall pay the then applicable rate for connection to such facilities as required by City
ordinance from time to time, and all applicable service charges for use of such facilities at they
exist from time to time.
5. City Water Service at RLA's Property. RLA and the City agree, notwithstanding
any provision of the June 25, 1986, agreement to the contrary, that all future potable water use,
other than the existing farm house, within the RLA Property shall be from the City's municipal
water facilities. RLA shall be responsible, at its sole cost, to connect any and all water uses
located within the RLA Property to the City's municipal water system, pursuant to plans and
specifications approved by the City pursuant to City ordinance. Such water service shall be
extended at charges and rates as provided by City ordinance from time to time, including any
applicable pump station surcharges. For this purpose, the provisions of this Paragraph 5 shall
supersede the provisions of Paragraphs 1, 5 and 6 of the June 25, 1986 Agreement between RLA
and the City. All water service extended within the RLA Property shall comply with Paragraph
14 of said June 25, 1986 Agreement, as well as all other terms and conditions of said
Agreement, except as modified herein. RLA and the City further agree that the existing 30,000
gallon water storage tank will not, at some point in the future, be adequate to provide water
service to the RLA Property. At such time as additional water storage for the RLA Property,
including fire protection flows, is necessary, based upon the review and approval of the Board
of County Commissioners of Garfield County, the City of Rifle, and RLA, additional water
storage facilities will be required which facilities shall be constructed by RLA at its sole cost,
pursuant to plans and specifications approved by the City, which approval shall be pursuant to
City ordinance and City specifications.
6. City Sewer Service to RLA Property. RLA and the City acknowledge that it is
both parties desire to extend City municipal wastewater treatment facilities and service to the
RLA Property, but further acknowledge that the extension of such service may not occur prior
to RLA's need for such service. Therefore, the City and RLA hereby and affirm their
agreements concerning wastewater treatment as more fully set forth in the agreement of June 25,
1986.
7. RLA Agreement With Authority dated January 19. 1983. RLA and the Authority
acknowledge that they heretofore entered into an agreement dated January 19, 1983, concerning
the provision of water service to the Authority's Property. In light of the provisions of this
Agreement, RLA and the Authority agree that said agreement of January 19, 1983, OW be null
and void andf nofurther r
0force and effect
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(0.0.4 le . RLA and the Authority agree that, in consideration for the termination of said
agreement, RLA will undertake and perform its agreements and obligations set forth in
paragraphs 2(A), 3(A), 3(B), 3(C) and 3 (F) hereof without cost to the Authority.
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8. Fire Protection Release. The Authority agrees to release and hold the City
harmless against any claim it, or any water user receiving water service hereunder, may have
against the City for the failure of the City to provide adequate fire flow protection from th
City's water lines and pursuant to the City water service agreement provided for herein. The
parties agree and acknowledge that fire protection flows to the Authority Property will be
enhanced by the provision of water service pursuant to this Agreement over any fire protection
flows currently available to the Authority.
9. Covenant with Land. This Agreement shall be recorded and upon recording shall
be a covenant running with RLA's and the Authority's Property for the benefit of the parties
hereto.
10. Complete Agreement. This Agreement contains all of the understandings,
conditions and agreements between the parties concerning the subject matter herein.
11. Titles. The paragraph titles in this Agreement are for convenience only and are
not to be used for purposes of interpreting or giving effect to this Agreement.
12. Binding Effect. This Agreement shall be binding upon and inure to the benefit
of the heirs, assigns, grantees and successors of the parties hereto; provided however, that the
obligations of RLA provided for herein shall not be fragmented or partially assigned without the
consent of the City, which consent shall not be unreasonably withheld.
13. Notices. All notices required given by the terms of this Agreement shall be made
first class mail, postage prepaid, to the parties at their addresses listed above, or at any address
of a party subsequently modified pursuant to the provisions of this paragraph. All notices shall
be effective upon receipt.
14. Authority. The parties hereto represent, with the intent that the other parties rely,
that they have been duly authorized to execute this Agreement on behalf of said party and have
been duly authorized to do so.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
original on the day and year first written above.
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March 12, 1992
By
CITY OF RIFLE, COLORADO
David Ling, Mayor
By
By
RIFLE LAND ASSOCIATES, LTD.
Robert E. Chancellor, General Partner
GARFIELD COUNTY AIRPORT AUTHORITY
, Chairman
The Board of County Commissioners of Garfield County hereby executes this Agreement to
indicate its consent to the provisions of Paragraphs 2(A) and 3(F), above, and for no other
purpose.
By
ATTEST
County Clerk
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March 12, 1992
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
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, Chairman
STATE OF COLORADO )
)
COUNTY OF )
ss.
Acknowledged, subscribed, and sworn to before me this day of March, 1992, by
David Ling, as Mayor, City of Rifle, Colorado.
WITNESS my hand and official seal.
My Commission expires:
STAIE OF COLORADO )
)
COUNTY OF )
ss.
Notary Public
Acknowledged, subscribed, and sworn to before me this day of March, 1992, by
Robert E. Chancellor, General Partner, Rifle Land Associates, Ltd.
WITNESS my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF )
Acknowledged, subscribed, and sworn to before me this day of March, 1992, by
, as Chairman of the Garfield County Airport Authority.
WITNESS my hand and official seal.
My Commission expires:
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March 12, 1992
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Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF )
Acknowledged, subscribed, and sworn to before me this day of March, 1992, by
, as Chairman, Board of County Commissioners
of Garfield County, Colorado.
WITNESS my hand and official seal.
My Commission expires:
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Notary Public