TC Res. No. 2015-06 Fourth Supplemental Water Service Agreement with Avon-Revised-to Res. No. 2015-08.pdfFOURTH SUPPLEMENTAL WATER SERVICE AGREEMENT
This Agreement dated this 22nd day of January, 2015, is between the Upper Eagle
Regional Water Authority, a quasi -municipal corporation and political subdivision of the State of
Colorado (the "Authority"), and the Town of Avon (the "Avon"), a municipal corporation.
RECITALS
A. The Authority is a quasi -municipal corporation established pursuant to an
Intergovernmental Agreement dated September 18, 1984, among the Arrowhead Metropolitan
District, Avon as successor to the Avon Metropolitan District, the Beaver Creek Metropolitan
District, the Berry Creek Metropolitan District, the Eagle -Vail Metropolitan District, and the
Edwards Metropolitan District (collectively the "Member Districts"). The Authority is the owner or
lessee of the water rights and facilities that provide water service by contract to existing and
projected developments within the service area of its Member Districts.
B. Pursuant to the Supplemental Water Service Agreement dated June 25, 2009,
between the Authority and the Town, as modified by the Second Supplemental Water Service
Agreement dated September 24, 2009, between the Authority and Avon, and the Third
Supplemental Water Service Agreement dated February 28, 2013, between the Authority and
Avon (the "Supplemental Water Service Agreements"), the Authority committed to provide water
service to a total of 5,276.75 single family equivalent residential units ("SFEs") in Avon.
C. By Water Service Agreement dated January 22, 2015, between the Authority and
Riverside Park Associates, Inc. (the "Company"), the Company sought to obtain water service
for an additional 5.7 SFEs not covered by the Supplemental Water Service Agreements. The
additional 5.7 SFEs are located on property described as Parcel 2105-111-13-001, Lot 1,
Brookside Park Subdivision, in Avon (the "Property"). The Authority agreed to service these
additional 5.7 SFEs associated with the Property up to the limits detailed in the Water Service
Agreement, provided certain contingencies were met, including the payment of the required
cash in lieu fee.
D. With the approval of this Agreement, the contingencies contemplated in the
Water Service Agreement have been satisfied. As a result, the Authority and Avon desire to
enter into this Agreement whereby the Authority agrees to increase the number of SFEs that it
will serve in Avon by 5.7 SFEs, to a total of 5,282.45 SFEs.
E. It is the intent and purpose of this Fourth Supplemental Water Service
Agreement to increase the maximum number of SFEs to which the Authority will provide water
service within Avon from 5,276.75 SFEs to 5,282.45 SFEs.
NOW, THEREFORE, in consideration of the premises contained herein and other good
and valuable consideration, the sufficiency of which are hereby acknowledged, the Authority
and Avon agree as follows:
1. Additional Water Service Commitment. The Authority agrees that it will serve an
additional 5.7 SFEs in Avon in addition to the 5,282.45 SFEs that were specified in the
Supplemental Water Service Agreements. These additional 5.7 SFEs will be available to the
Property on the same basis as other users within the Authority's service area to meet the
construction, residential, municipal, and irrigation water demands of the Property. The total
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number of SFEs in Avon that the Authority agrees to serve now totals 5,282.45 SFEs, subject to
the limitations in the Water Service Agreement with the Company and that the water uses per
SFE are reasonable. The parties' Supplemental Water Service Agreements and the January 1,
1998 Amended and Restated Water Lease and the July 14, 2005, Supplemental Water Lease
remain in full force and effect as supplemented by this Agreement.
2. Customer Charges. Currently all customers within Avon pay directly to the
Authority plant investment fees and treated water storage fees at the time of hook up, and the
monthly service charges of the Authority. Nothing contained in this Agreement shall modify this
arrangement and all customers within Avon shall continue to be directly responsible for the
payment of such fees and charges.
3. Miscellaneous:
(a) This Agreement may not be amended nor any rights hereunder waived
except by an instrument in writing signed by the parties sought to be charged with such
amendment or waiver.
(b) This Agreement shall be interpreted in accordance with and governed by
the laws of the State of Colorado. The forum for resolution of any and all disputes arising
hereunder shall be the District Court in and for Eagle County, State of Colorado.
(c) The paragraph headings herein are inserted for convenience of reference
only and do not define, limit or prescribe the scope of this Agreement.
(d) The parties agree to execute such additional documents as may be
reasonably required to implement the terms of this Agreement.
(e) The terms of this Agreement shall be binding on the parties' successors
and assigns.
(f) Notwithstanding any interpretation of any term or condition to the
contrary, water service to any customer or property within Avon shall be subject to all other
rules, regulations, fees and requirements of the Authority.
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EAhUUIhi) as of the nate tirst set torch above.
UYYEKEAULEKELAUNAL WAIEKAUIHUKITY,
a quasi -municipal corporation of the State of Colorado
I3y: ,..
Name:
I itle:
TOWN OF AVON
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STATE OF COLORADO )
ss.
C OUN"1'Y UN EAGLE )
V.,a
The foregoing instrument was acknowledged before me this �clay of
, 1U151 by asof the
Upper Nagle Itegional water Auth rity, a asi- unicipal corporation ana political subdivision
or the State of c;olorado.
Witness my hand and official seal. My commission expires Po 1 .740.
CATHERINE LUNDY HAYES
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134006102
MY COMMISSION EXPIRES FEBRUARY 1, 2017
$1A1h Ur L;ULUKAUU )
) ss.
CO u.N 1 r uF tAGLE )
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he foregoing u�bu=&�t was ar-.1{Iil7wlCagCa bCtviC iiiC ih15 ���� -aay of
. 2015; by_ A r � �+�k�A as ft)&W Q ( of the 'Town
of Avon.
Witness my hand and otticial seal. My commission expires
DEBOW M HOPPE
NO i mT PUBLIC
STATE uF COLORADO
NOTARY m 20oMS129
My COMMISSION ERPIRES JULY i9, zo-r
zC W,
,
lv otai y Public
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