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05-10-2005 UPPER EAGLE REGIONAL WATER AUTHORITY RESOLUTION NO. 05-22TOWN OF AVON, COLORADO RESOLUTION NO. 05-22 Series of 2005 A RESOLUTION APPROVING SUPPLEMENTAL WATER LEASE BETWEEN THE TOWN OF AVON AND UPPER EAGLE REGIONAL WATER AUTHORITY FOR THE PROVISION OF WATER SERVICE FOR THE TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, an Amended and Restated Water Lease was entered into between the Town of Avon (Town) and Upper Eagle Regional Water Authority (Authority); and WHEREAS, the Amended and Restated Water Lease provided for the Lease of 348.17 acre-feet of consumptive water rights; and WHEREAS, the Authority approval of the Amended and Restated Water Lease limited the development that would be served by the 348.17 acre-feet of consumptive water rights to 3975 single family equivalents (SFE's); and WHEREAS, the Town desires to supplement the consumptive water rights leased by the Amended and Restated Water Lease to provide for additional potential development; and WHEREAS, the Town has 448 acre-feet of consumptive water rights available to serve development within the area as defined in the Town's augmentation plan decreed on September 7, 1988 in Case No. 84-CW225; and WHEREAS, water consumption studies and analysis have shown that 448 acre-feet of consumptive water rights will serve a development level of at least 4,984 SFE's; and WHEREAS, the Supplemental Water Lease provides for the lease of 448 acre-feet of consumptive water rights to service development up to 4,984 SFE's within the area defined in the Town's augmentation plan. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Supplemental Water Lease as hereto attached, is hereby approved and authorized for execution by the Town of Avon upon corresponding and unconditional approval by the Upper Eagle Regional Water Authority. ADOPTED THIS ► DAY OF , 2005. OW F AVON, CO ORADO Y: Ronald C. Wolfe, Mayor AMST: Pat Mc enny To k U SUPPLEMENTAL WATER LEASE This Supplemental Water Lease (the "Supplemental Lease") is entered into to be effective as of the day of 2005, (the "Supplemental Effective Date"), by and between the Town of Avon (the "Town") as Lessor and the Upper Eagle Regional Water Authority (the "Authority") as Lessee. WHEREAS, an Amended and Restated Water Lease (the "Restated Lease") was entered into to be effective as of the I" day of January, 1998, (the "Effective Date"), by and between the Town and the Authority; and WHEREAS, under the Restated Lease, the Town leased to the Authority water and water rights, ditches and ditch rights, wells and groundwater rights, springs and spring rights and reservoirs and storage rights described as an undivided 77.7% interest in and to certain water rights more particularly described on Exhibit A attached to the Restated Lease (the "Water Rights"); and WHEREAS, the Restated Lease states that it includes 348.17 consumptive acre-feet (77.7%) of the 448 consumptive acre-feet quantified in the augmentation plan decreed on August 14, 1980 in Case No. W-3664, Water Division No. 5, as amended in the augmentation plan decreed on September 7, 1988 in Case No. 84CW225, Water Division No. 5; and WHEREAS, the Town now desires to supplement the water rights and other interests that are leased under the Restated Lease by leasing to the Authority the remaining undivided 22.3% interest in and to the water rights and the remaining 99.83 consumptive acre-feet (22.3%) of the 448 consumptive acre-feet that were described on Exhibit A to the Restated Lease (the "Supplemental Water Rights"); and WHEREAS, the Parties now desire to clarify the effect of the Restated Lease, as supplemented by this Supplemental Lease; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The Restated Lease remains in full force and effect as supplemented by this Supplemental Lease. 2. The Town hereby leases to the Authority the water and water rights, ditches and ditch rights, wells and groundwater rights, springs and spring rights, and reservoirs and storage rights described on the attached Exhibit A (the "Supplemental Water Rights"). The terms and conditions of the Restated Lease and the terms and conditions of this Supplemental Lease shall apply to the Water Rights and the Supplemental Water Rights. In addition, the Authority and the Town agree as follows: 3. The total 448 consumptive acre-feet leased to the Authority under the Restated Lease and this Supplemental Lease are adequate on an average annual basis to replace lake evaporation of 42.39 acre-feet, to provide a maximum of 19.58 acre-feet of consumptive use for non-potable irrigation within the Town and to provide water service to all development within the Town's Augmentation Plan area covered by Case Nos. W-3664 and 84CW225 up to 4,984 SFE's. References to "SFE's" herein are to an SITE as defined in Section 2.31 of the Rules and Regulations for Water and Sewer Service, Eagle River Water Sanitation District/Upper Eagle Regional Water Authority, Revised 01/28/04 and include the definitions in Sections 2.1, 2.13, 2.25, and the fractional SFE equivalents for residential units (1.0 plus pro-rated additions over 3,000 square feet), efficiency units (0.50 SFE), accommodation units (0.35 SFE), expansions or remodels, and commercial equivalents based on meter size that are contained in the Schedule of Fees and Charges for the Town of Avon, Effective January 1, 2005, that are attached to the Rules and Regulations for Water and Sewer Service, as Appendix A. 4. In the event the water level in Benchmark Lake is drawn down in some future year or years for maintenance or repair of the structure or facility or for any other cause, the Town may use the Water Rights and the Supplemental Water Rights that are not being used for the then current level of municipal service, lake evaporation and non-potable irrigation stated in Paragraph 3, above, to fill Benchmark Lake. IN WITNESS WHEREOF, the Parties hereto have caused this Lease to be executed in their corporate names, all by the proper officers duly authorized thereto, to be effective as of the Effective Date, but actual execution having been completed on the ILIt day of 9 2005. UPPER EAGLE REGIONAL WATER AUTHORITY B• CAL) 6,0>1M Chairman ATTEST: By: Pot,S J. ~0 ' I?*e`b etary TOWN OF AYON i E A . ATTE Y• By: 2 ~1 EXHIBIT A Supplemental Water Rights Town of Avon An undivided 22.3% interest in the following water rights, as changed, quantified, exchanged, and/or augmented in Case Nos. W-3664, 80CW64, 84CW225, 85CW612, 86CW200, 92CW291, 94CW22, 99CW172, OOCW083, and O1CW015, all in Water Division No. 5: 1. (a) Metcalf Ditch, priority no. 146, in the amount of 6.0 cfs, decreed on March 5, 1901, in Case No. CA 385, Water Division No. 5. (b) Metcalf Ditch 1St enlargements, priority no. 415, in the amount of 4.07 cfs and 0.8 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (c) Metcalf Ditch 2"d Enlargement, priority no. 528, in the amount of 9.13 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. (d) Nottingham & Puder Ditch, priority no. 148, in the amount of 2.5 of the 10.00 cfs, decreed on March 5, 1901, in Case No. CA 385, Water Division No. 5. (e) Nottingham & Puder Ditch 1St Enlargements, priority no. 377, in the amounts of 1.0 and 2.21 of the 4.42 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (f) Nottingham & Puder Ditch (CAC No. 1), priority no. 377, in the amounts of 1.28 and 1.0 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (g) Nottingham & Puder Ditch (CAC No. 2), priority no. 399, in the amount of 5.0 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (h) Nottingham & Puder Ditch (Grace Park), priority no. 530, in the amount of 0.5 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. (1) Nottingham & Puder Ditch Pump & Pipeline, priority no. 527, in the amount of 4.235 of the 13.58 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. 0) Hurd Ditch, priority no. 147, in the amount of 2.0 cfs, decreed on March 5, 1901, in Case No. CA 385, Water Division No. 5. (k) Johnson & Howard Ditch 1St Enlargement, priority no. 350, in the amount of 0.28 cfs, decreed on May 21, 1920, in Case No. CA 734, Water Division No. 5. (1) Johnson & Howard Ditch 2"d Enlargement, priority no. 424, in the amount of 5.93 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (m) Johnson & Howard Ditch 3rd Enlargement, priority no. 535, in the amount of 2.8 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. 2. H.A. Nottingham and Sons, Inc. Water Treatment and Storage Project, in the amount of 3 cfs, decreed on December 31, 1971, in Case No. W-327, Water Division No. 5. 3. Nottingham Domestic Pipeline, in the amount of 1 cfs of the 3.0 cfs decreed on December 31, 1973, in Case No. W-2130, Water Division No. 5. 4.. Avon Metropolitan Municipal Water System, in the amount of 5.0 cfs, decreed on December 31, 1977, in Case No. W-3666, Water Division No. 5. 5. Avon Metropolitan Municipal Water System I" Enlargement, in the amount of 5.0 cfs, decreed on December 31, 1984, in Case No. 84CW225, Water Division No. 5. 6. The Augmentation Plan decreed on August 14, 1980, in Case No. W-3664, Water Division No. 5, insofar as it relates to 99.83 consumptive acre-feet (22.3%) of the 448.0 consumptive acre-feet quantified therein that are associated with the water rights described in paragraphs 1(a) through (m) above, and including the other rights and benefits of the augmentation plan decreed therein, as amended in the augmentation plan decreed on September 7, 1988, in Case No. 84CW225, Water Division No. 5. 2 ' TOWN OF AVON, COLORADO RESOLUTION NO. 05-22 Series of 2005 A RESOLUTION APPROVING SUPPLEMENTAL WATER LEASE BETWEEN THE TOWN OF AVON AND UPPER EAGLE REGIONAL WATER AUTHORITY FOR THE PROVISION OF WATER SERVICE FOR THE TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, an Amended and Restated Water Lease was entered into between the Town of Avon (Town) and Upper Eagle Regional Water Authority (Authority); and WHEREAS, the Amended and Restated Water Lease provided for the Lease of 348.17 acre-feet of consumptive water rights; and WHEREAS, the Authority approval of the Amended and Restated Water Lease limited the development that would be served by the 348.17 acre-feet of consumptive water rights to 3975 single family equivalents (SFE's); and WHEREAS, the Town desires to supplement the consumptive water rights leased by the Amended and Restated Water Lease to provide for additional potential development; and WHEREAS, the Town has 448 acre-feet of consumptive water rights available to serve development within the area as defined in the Town's augmentation plan decreed on September 7, 1988 in Case No. 84-CW225; and WHEREAS, water consumption studies and analysis have shown that 448 acre-feet of consumptive water rights will serve a development level of at least 4,984 SFE's; and WHEREAS, the Supplemental Water Lease provides for the lease of 448 acre-feet of consumptive water rights to service development up to 4,984 SFE's within the area defined in the Town's augmentation plan. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Supplemental Water Lease as hereto attached, is hereby approved and authorized for execution by the Town of Avon upon corresponding and unconditional approval by the Upper Eagle Regional Water Authority. ADOPTED THIS 0 DAY OF , 2005. A T: 7 fy~c Pa Mc envy To k w ~ e' F AVON, COI.JORADO 49/y~ C, 4,11 Ronald C. Wolfe, Mayor SUPPLEMENTAL WATER LEASE This Supplemental Water Lease (the "Supplemental Lease") is entered into to be effective as of the day of 2005, (the "Supplemental Effective Date"), by and between the Town of Avon (the "Town") as Lessor and the Upper Eagle Regional Water Authority (the "Authority") as Lessee. WHEREAS, an Amended and Restated Water Lease (the "Restated Lease") was entered into to be effective as of the I" day of January, 1998, (the "Effective Date"), by and between the Town and the Authority; and WHEREAS, under the Restated Lease, the Town leased to the Authority water and water rights, ditches and ditch rights, wells and groundwater rights, springs and spring rights and reservoirs and storage rights described as an undivided 77.7% interest in and to certain water rights more particularly described on Exhibit A attached to the Restated Lease (the "Water Rights"); and WHEREAS, the Restated Lease states that it includes 348.17 consumptive acre-feet (77.7%) of the 448 consumptive acre-feet quantified in the augmentation plan decreed on August 14, 1980 in Case No. W-3664, Water Division No. 5, as amended in the augmentation plan decreed on September 7, 1988 in Case No. 84CW225, Water Division No. 5; and WHEREAS, the Town now desires to supplement the water rights and other interests that are leased under the Restated Lease by leasing to the Authority the remaining undivided 22.3% interest in and to the water rights and the remaining 99.83 consumptive acre-feet (22.3%) of the 448 consumptive acre-feet that were described on Exhibit A to the Restated Lease (the "Supplemental Water Rights"); and WHEREAS, the Parties now desire to clarify the effect of the Restated Lease, as supplemented by this Supplemental Lease; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The Restated Lease remains in full force and effect as supplemented by this Supplemental Lease. 2. The Town hereby leases to the Authority the water and water rights, ditches and ditch rights, wells and groundwater rights, springs and spring rights, and reservoirs and storage rights described on the attached Exhibit A (the "Supplemental Water Rights"). The terms and conditions of the Restated Lease and the terms and conditions of this Supplemental Lease shall apply to the Water Rights and the Supplemental Water Rights. In addition, the Authority and the Town agree as follows: 3. The total 448 consumptive acre-feet leased to the Authority under the Restated Lease and this Supplemental Lease are adequate on an average annual basis to replace lake evaporation of 42.39 acre-feet, to provide a maximum of 19.58 acre-feet of consumptive use for 4 non-potable irrigation within the Town and to provide water service to all development within the Town's Augmentation Plan area covered by Case Nos. W-3664 and 84CW225 up to 4,984 SFE's. References to "SFE's" herein are to an SFE as defined in Section 2.31 of the Rules and Regulations for. Water and Sewer Service, Eagle River Water Sanitation District/Upper Eagle Regional Water Authority, Revised 01/28/04 and include the definitions in Sections 2.1, 2.13, 2.25, and the fractional SFE equivalents for residential units (1.0 plus pro-rated additions over 3,000 square feet), efficiency units (0.50 SFE), accommodation units (0.35 SFE), expansions or remodels, and commercial equivalents based on meter size that are contained in the Schedule of Fees and Charges for the Town of Avon, Effective January 1, 2005, that are attached to the Rules and Regulations for Water and Sewer Service, as Appendix A. 4. In the event the water level in Benchmark Lake is drawn down in some future year or years for maintenance or repair of the structure or facility or for any other cause, the Town may use the Water Rights and the Supplemental Water Rights that are not being used for the then current level of municipal service, lake evaporation and non-potable irrigation stated in Paragraph 3, above, to fill Benchmark Lake. IN WITNESS WHEREOF, the Parties hereto have caused this Lease to be executed in their corporate names, all by the proper officers duly authorized thereto, to be effective as of the Effective Date, but actual execution having been completed on the jj]~_ day of u 92005. UPPER EAGLE REGIONAL WATER AUTHORITY Y• Chairman ,r, A ATTEST j _7 t- - By: Se re a ATTEST: By: .emu- TOWN OF AVON By TPA , 2 1 EXHIBIT A Supplemental Water Rights Town of Avon An undivided 22.3% interest in the following water rights, as changed, quantified, exchanged, and/or augmented in Case Nos. W-3664, 80CW64, 84CW225, 85CW612, 86CW200, 92CW291, 94CW22, 99CW 172, OOCW083, and 01 CW015, all in Water Division No. 5: 1. (a) Metcalf Ditch, priority no. 146, in the amount of 6.0 cfs, decreed on March 5, 1901, in Case No. CA 385, Water Division No. 5. (b) Metcalf Ditch 1St enlargements, priority no. 415, in the amount of 4.07 cfs and 0.8 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (c) Metcalf Ditch 2°d Enlargement, priority no. 528, in the amount of 9.13 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. (d) Nottingham & Puder Ditch, priority no. 148, in the amount of 2.5 of the 10.00 cfs, decreed on March 5, 1901, in Case No. CA 385, Water Division No. 5. (e) Nottingham & Puder Ditch 1St Enlargements, priority no. 377, in the amounts of 1.0 and 2.21 of the 4.42 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (f) Nottingham & Puder Ditch (CAC No. 1), priority no. 377, in the amounts of 1.28 and 1.0 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (g) Nottingham & Puder Ditch (CAC No. 2), priority no. 399, in the amount of 5.0 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (h) Nottingham & Puder Ditch (Grace Park), priority no. 530, in the amount of 0.5 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. (i) Nottingham & Puder Ditch Pump & Pipeline, priority no. 527, in the amount of 4.235 of the 13.58 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. (j) Hurd Ditch, priority no. 147, in the amount of 2.0 cfs, decreed on March 5, 1901, in Case No. CA 385, Water Division No. 5. (k) Johnson & Howard Ditch 1St Enlargement, priority no. 350, in the amount of 0.28 cfs, decreed on May 21, 1920, in Case No. CA 734, Water Division No. 5. (1) Johnson & Howard Ditch 2°d Enlargement, priority no. 424, in the amount of 5.93 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (m) Johnson & Howard Ditch 3rd Enlargement, priority no. 535, in the amount of 2.8 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. 2. H.A. Nottingham and Sons, Inc. Water Treatment and Storage Project, in the amount of 3 cfs, decreed on December 31, 1971, in Case No. W-327, Water Division No. 5. 3. Nottingham Domestic Pipeline, in the amount of 1 cfs of the 3.0 cfs decreed on December 31, 1973, in Case No. W-2130, Water Division No. 5. 4.. Avon Metropolitan Municipal Water System, in the amount of 5.0 cfs, decreed on December 31, 1977, in Case No. W-3666, Water Division No. 5. 5. Avon Metropolitan Municipal Water System I" Enlargement, in the amount of 5.0 cfs, decreed on December 31, 1984, in Case No. 84CW225, Water Division No. 5. 6. The Augmentation Plan decreed on August 14, 1980, in Case No. W-3664, Water Division No. 5, insofar as it relates to 99.83 consumptive acre-feet (22.3%) of the 448.0 consumptive acre-feet quantified therein that are associated with the water rights described in paragraphs 1(a) through (m) above, and including the other rights and benefits of the augmentation plan decreed therein, as amended in the augmentation plan decreed on September 7, 1988, in Case No. 84CW225, Water Division No. 5. 2 UPPER EAGLE REGIONAL WATER AUTHORITY 846 Forest Road ♦ Vail, Colorado 81657 ♦ (970) 476-7480 FAN (970) 476-4089 * erwsd@erwsd.org * www.erwscl.org 8, 2005 Ms. Patty McKenny Town Clerk Town of Avon P.O. Box 975 Avon, CO 81620 Re: Town of Avon Supplemental Water Lease Dear Ms. McKenny: Enclosed are two executed originals of the Supplemental Water Lease between the Town of Avon and the Upper Eagle Regional Water Authority. Once they are fully executed, please return one to our offices for our files. If you have any questions, please call me at 970-477-5409. Sincerely, a Trueblood ministrative Paralegal Enclosure(s) cc: Glenn Porzak WATER OPERATIONS NV Arrowlieacl Metropolitan District * Town of Avon * Baclielor Gulch Metropolitan District 4 Beaver Creelz 'Nietropolitan District * Berry Creelz Metropolitan District Cordillera Metropolitan District * Eagle-Vail Metropolitan District * Edwards Metropolitan District F:\30UER\IADMIN\LETTERS\LTRHEAD.D0C F:\30UER\1ADM1N\Board\l FRS\SupWtrLease.doc VO N C O L O R A D O MEMORANDUM TO: Jan Trueblood, Administrative Paralegal Upper Eagle Regional Water Authority FROM: Patty McKenny, Town Clerk, Town of Avon cc: Norm Wood, Town Engineer Town of Avon RE: Supplemental Water Lease DATE: July 26, 2005 Post Office Bo.i 975 400 Benchmark Road Avon, Colorado 81620 970-748-4000 970-949-9139 Fax 970-845-7708 7TY Please find enclosed one Original of the Town of Avon Supplemental Water Lease for your files. Any further questions, please contact me at 748-4035. Thank you.