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HomeMy WebLinkAbout1.0 ApplicationENGINEERING REPORT AND SITE APPLICATION FOR THE St. Finnbar Wastewater Treatment Facility Garfield County Applicant: St. Finnbar Land Company c/o Ron Liston Land Design Partnership 918 Cooper Avenue Glenwood Springs, CO 81601 Prepared By: Zancanella & Associates, Inc. P.O. Box 1908 Glenwood Springs, CO 81602 (970) 945-5700 Thomas A. Zancanella, P.E. #20481 TABLE OF CONTENTS ENGINEERING REPORT INTRODUCTION Page 1 FUTURE SERVICE AREA Page 2 EFFLUENT LIMITATIONS Page 3 EXISTING TREATMENT FACILITY Page 4 ALTERNATIVE TREATMENT EVALUATIONS Page 4 FLOOD PLAIN / NATURAL HAZARDS Page 4 PROPOSED FACILITY Page 5 Anticipated Flows Page 5 Power Outage & System Surge Capacity Page 5 Project Drawings Page 6 MANAGEMENT AGENCY Page 6 INSTRUCTIONS, EQUIPMENT OPERATION & MAINTENANCE Page 6 OPERATION & MAINTENANCE REQUIREMENTS Page 7 ESTIMATED PROJECT COSTS Page 7 FINANCIAL SYSTEM Page 7 APPLICATION FOR SITE APPROVAL Page 9 SITE APPLICATION ATTACHMENTS . Page 14 Figure 1 - 5 Mile Radius Map Page 14 Figure 2 - 1 Mile Radius Map Page 15 Wells Located within a 1 -Mile Radius Page 16 Figure 3 - Flood Plain Map Page 17 Effluent Limits Letter Page 18 Authority Letter Page 19 Operator Letter Page 19 REPORT ATTACHMENTS Page 20 Table 1 - St. Finnbar Wastewater Flows Page 20 Table 2 - Development Schedule Page 21 Table 3 - Proposed Effluent Limits Page 22 Table 4 - Estimate of Probable Construction Costs Page 23 APPENDICES Page 24 Appendix A - Ranch at Roaring Fork Documents Page 24 Appendix B - Town of Carbondale Denial Letter Page 25 Appendix C - Development Schedule for Waldorf School Page 26 Appendix D - Preliminary Design Page 27 Appendix E - Plant and Lift Station Drawings Page 28 Engineering Report June 1997 St. Finnbar Wastewater INTRODUCTION St. Finnbar Farm is an 85 acre tract located in the west portion of Section 31, Township 7 South, Range 87 West of the 6th P.M. as shown on the 1 -Mile map, (See Application Attachment 2 - Figure 2). The subject property is located approximately one quarter mile south of the Catherine Store Intersection on County Road 100. The owners of the St. Finnbar Farm propose to develop the property into fourteen large (6 to 10 acres) lots with one single family dwelling to be located on each lot. At the time of the original proposed sketch plan in Garfield County for this property, it was requested by the Colorado Department of Health and the Garfield County Planning Board that these fourteen Tots join an existing wastewater treatment facility at the Ranch at Roaring Fork. For this inclusion to occur, it was necessary to obtain a two-thirds majority approval vote of the Ranch at Roaring Fork Homeowners Association. After seven slow years, the issue of accepting St. Finnbar's proposed PUD into the Ranch at Roaring Fork Wastewater Treatment System was voted on and was defeated. A letter dated December 6, 1996, from the Ranch at Roaring Fork detailing the denial is contained in Appendix A. In addition, we have included a copy of the Ranch at Roaring Fork's Covenants with a letter from Ron Garfield summarizing how the application process was to proceed and the votes that were required by the association. St. Finnbar Farm is also within the Town of Carbondale's 201 facility plan. The Town of Carbondale has historically allowed the Ranch at Roaring Fork to serve the Southeastern needs of the Carbondale 201 service area. With the Ranch at Roaring Fork's refusal to supply services to St. Finnbar Farm, service was requested from the Carbondale service area plant. This plant is a substantial distance from St. Finnbar Farm. A new sewer line of nearly 16,000 feet would have to be extended and a right of way obtained from the Carbondale plant to the St. Finnbar Farm. Page 1 Engineering Report St. Finnbar Wastewater June 1997 In January 1997, in the facility master plan updates :submitted to the Colorado Department of Health, Carbondale requested to exclude the Ranch at Roaring Fork and St. Finnbar Farm from their service area. Carbondale's letter dated May 16, 1997 confirming Carbondale's reluctance to service this area is contained in Appendix 8. FUTURE SERVICE AREA With both of the existing service facilities declining to provide service, St. Finnbar Farm has agreed to shoulder the responsibility of providing regional wastewater service to this area. Table 1 presents the estimated wastewater flows for the St, Finnbar Regional Plant, The table includes flows for: 1. St. Finnbar Farm 2. Preshana Farm 3. The Ranch at Roaring Fork existing units 4. The proposed Ranch at Roaring Fork units contained in Crowley Phase 5. 5. The Ranch Creek Properties: Jenkins Parcels and Wicks/Brown Parcels 6. The Waldorf School, located south of the Catherine Store has also been included in the St. Finnbar Regional Plant, planning for up to 3,800 gallons per day. 7 In addition, the St. Finnbar Regional Plant would include commercial facilities for the Relay Station, approximately 5,000 square feet (or a 100 seat) restaurant and up to 10000 square feet of office/commercial area representing 100 people, The estimated regional design flow for the St. Finnbar Regional Plant would be a total of 251.9 Equivalent Residences. The estimated design flow for the 251.9 Equivalent Residences would be 88,165 gallons per day. Page 2 Engineering Report June 1997 St. Finnbar Wastewater Table 2 presents an estimated development schedule for St, Finnbar Regional Wastewater Treatment Plant, Although this schedule represents our best estimate at this time, estimating the future adjacent property development schedule is difficult. The development schedule for the Waldorf School has been estimated in their submissions to Garfield County. We have included this submission as Appendix C of this report. The Waldorf School is a relatively long distance south of this project, approximately one mile, at the K N Energy property. EFFLUENT LIMITATIONS The Roaring Fork River in the vicinity of the proposed wastewater treatment facility, is classified for the following uses: 1. Aquatic Life, Cold 1 2. Recreation 3. Water Supply 4. Agriculture To protect these uses, the Colorado Department of Health has determined a set of standards to apply to the proposed St. Finnbar Regional Treatment Facilities. Preliminary Effluent Limitations for the proposed treatment facility have been received from Mr. John R. Blair, P.E., Permits & Enforcement Section, Colorado Department of Health and Environment, Colorado Water Quality Control Division. A copy of the correspondence received April 10, 1997, can be found in Application Attachment 5. Proposed effluent limits at full build -out contemplate a hydraulic load of 0.1 mgd with an organic load of 250 lbs/day as shown in Table 3. Page 3 Engineering Report June 1997 St. Finnbar Wastewater EXISTING TREATMENT FACILITY There is currently no facility in place to provide wastewater treatment for the residential properties identified in this report. The commercial property (the former Relay Station restaurant) is currently served by an on-site septic system. The Ranch at Roaring Fork is currently served by an existing plant. The Ranch at Roaring Fork is unwilling to extend service to this area. The Town of Carbondale is nearly 16,000 feet away. The only practical method of serving the St. Finnbar Farm area at the Carbondale facility, is to utilize the Southern Pacific Railroad right of way. This right of way is in the process of being sold and it does not appear that anyone will be in a position to make a decision with respect to the use of this right of way in the foreseeable future. ALTERNATIVE TREATMENT EVALUATIONS Various alternatives were evaluated for this project which include: 1. Design and construction of a Aerated Lagoon System. 2. Design and construction of a Rotating Biological Contactor (RBC). 3. Design and construction of an AeroMod System by Meurer Research, Inc. These alternatives were dismissed due to cost constraints, operational and maintenance issues and concern over their ability to deliver an effluent in the future that will meet ammonia standards if imposed. FLOOD PLAIN / NATURAL HAZARDS The proposed wastewater treatment facility is not located within the 100 -year flood plain and there are no other natural hazards that threaten the facility. We have included the FEMA Area Flood Plain Map. (See Application Attachment 4 - Figure 3) Page 4 Engineering Report June 1997 St. Finnbar Wastewater PROPOSED FACILITY The E. A. Aerotor Design Closed Loop Reactor, in our opinion, is the best solution to serve the St. Finnbar Farm's needs. We are currently proposing a plant capacity of 0.1 mgd, with a dual Magna Rotor Aerator to serve the needs of the St. Finnbar Regional Wastewater Plant. St. Finnbar Farm will have an estimated flow rate of approximately 5000 gpd. Manufacturer's product information and preliminary design calculations are included in Appendix D. Anticipated Flows The total estimated regional design flow for the St. Finnbar Regional Wastewater Plant would be a total of 251.9 EQR, with an estimated design flow of 88,155 gallons per day (GPD). The total number of single family units intended to be served by this facility is 214 EQRs. The total number of EQRs for the commercial and school properties is 37.9 EQRs. The combined EQR total for residential, commercial, and school equals 251.9 EQRs. Using 350 GPD per EQR, the estimated design flow for this facility would be 88,165 GPD. Table 1 contains the itemized flow requirements for the St. Finnbar Regional Wastewater Plant. This plant would also have some additional capacity for other future waste water flows. The site is large enough that it could be expanded if necessary. Power Outage & System Surge Capacity For the development of St. Finnbar Farm, back up storage is proposed at the lift station. This storage would be in the form of buried concrete storage tanks (2000 gal). This represents 40% of the average daily flow generated by St. Finnbar Farm. Consultations with Holy Cross Electric would indicate that the maximum power outage typically encountered in this area is estimated to be three hours or 12% of a day. As additional loading comes on line, back up generation or additional lift station storage will be required. Page 5 Engineering Report June 1997 St. Finnbar Wastewater Project Drawings This report contains the proposed treatment facility layout and details required for site application submittal and lift station. Manufacturer's product information has been included in Appendix D. Preliminary Drawings for the plant site footprint and the lift station are included in Appendix E. MANAGEMENT AGENCY The St. Finnbar Land Company shall assume management responsibility of the treatment facility until such time as the St. Finnbar Owners Association has been formed. Their address and telephone number is: St. Finnbar Land Company cio Jim Minding 32 Buttonball Lane Weston, CT 06883 (203) 222-0446 Jim Mindling will be the person responsible for the operation and maintenance of the facility. A letter of acknowledgment is included as Application Attachment 6. INSTRUCTIONS. EQUIPMENT OPERATION & MAINTENANCE Complete manuals and instructions for the operation and maintenance of all mechanical equipment for the treatment facility will be furnished by the individual equipment providers (Lakeside Equipment, et al,) and stored within the facility. Adequate tools, training and technical assistance will also be provided by the manufacturer's representative to the operator and management agency representative. Page 6 Engineering Report June 4997 St. Finnbar Wastewater OPERATION & MAINTENANCE REQUIREMENTS Safety Proper precautions shall be taken by the operator to avoid suffocation, exposure to infectious diseases, electrical, mechanical, and chemical accidents. General The operator shall: 1. Check the operating conditions of the facility; 2. Make appropriate adjustments; 3. Perform other corrective measures as needed; 4. Document in writing all observations, changes, and adjustments made to the facility; and 5. Complete and submit required monitoring reports as required by Federal, State, and local regulatory agencies. ESTIMATED PROJECT COSTS The total estimated cost for the construction of this facility would be $574,000.00. Table 4 lists each required component and their estimated cost. FINANCIAL SYSTEM The initial facilities construction will be funded by the St. Finnbar Land Company. Operation, materials and replacement fees will be generated through Homeowner's fees. A letter from Morton A. Heller dated May 13, 1997 is included as Application Attachment 6. Page 7 Site Application June 1997 St. Finnbar Wastewater SITE APPLICATION Page 8 Site Application June 1997 St. Finnbar Wastewater Colorado Department of Health Water Quality Control Division 4210 East 119' Ave. Denver, CO 80220 APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OR EXPANSIQN OF: A) DOMESTIC WASTEWATER TREATMENT WORKS (INCLUDING TREATMENT PLANT, OUTFALL SEWERS, AND LIFT STATIONS) OVER 2,000 GPD CAPACITY. B) INTERCEPTORS (lF REQUIRED BY C.R.S. 25-8-702 (3)) Applicants Name and Address: St, Finnbar Land Company c/o Ron Liston Land Design Partnership 918 Cooper Avenue Glenwood Springs, CO 81601 Phone: (970) 945-2246 Consulting Engineer's Name and Address: Z?ncanella & Associates. Inc P.O. Box 1908 Glenwood SDI -Inas. CO 81602 Phone: (970) 945-5700 A) Summary of Information Regarding new Sewage Treatment Plant: 1. Proposed Location: (Legal Description) NW 1?4 SW 1/4 Sec 31 Twp. 78 Rng. 87W Garfield County 2. Type and capacity of Treatment Facility Proposed: Processes Used: Aeration Activated Sludge Process Hydraulic: 0.1 MGD Organic:,250 lbs. BODS / Dav Present PE: 0 Design PE: 1250 %Domestic: 100 %I nd ustria I: 0 Page 9 Site Application June 1997 St. Finnbar Wastewater 3. Location of Facility: Attach a map of the area which includes the following: (a) 5 -Mile Radius: (b) 1 -Mile Radius: 4. Effluent Disposal: All Sewage Treatment Plants, Lift Stations, and Domestic Water Supply Intakes. (See Application Attachment 1) Habitable Buildings, Location of Potable Water Wells, and an Approximate Indication of Topography. (See Application Attachments 2 & 3) Surface discharge to watercourse: Roaring Fork River State water quality classification of receiving watercourse: Aquatic Life. Cold 1. Recreation 1, Water apply. Agriculture Subsurface: n/a Land: n/a Evaporation: n/a Other: me Proposed Effluent Limitations developed in conjunction with Planning and Standards Section, WQCD: BOD5: 30/45 mg/I TSS: 30/45 mg/1 Fecal Coliform: 6000/12000 Total Residual Chlorine: 0.5mo/I Ammonia: Report (See Application Attachment 5) Other: n/a 5. Will a state or federal grant be sought to finance any portion of this project? No 6. Present Zoning of the site area: Agriculture/Residential/Rural/Density Zoning within a 1 mile radius of site: Residential, Aoricultural, PUD, Commercial 7. What is the distance downstream from the discharge to the nearest domestic water supply intake? Approximately 37 Miles Name of Supply: Town of Silt Address of Supply: 231 North 7th Street, Silt, Colorado 81652 What is the distance downstream from the nearest point of diversion?: 200 feet Name of User: Ranch at Roaring Fork Address of User: 14913 Hwy 82, Carbondale, CO 81623 Who has the responsibility for operating the proposed facility?: St. Finnbar Home Owners Association 9. Who owns the land upon which the facility will be constructed?: St, Finnbar Land Company Attach documents that create the authority for the Applicant to construct the proposed facility. (See Application Attachment 6) Page 10 Site Application June 1997 St. Finnbar Wastewater 10. Estimated Project Cost: $574.000.00 Who is financially responsible for the construction and operation of the facility? St, Finnbar Land Company. (see Application Attachment la 11. Names and Addresses of all water and/or sanitation districts within a 5 mile radius downstream of the proposed Waste Water Treatment Facility Site: Carbondale Sanitation District. Towrt of Carpondale. 76 S. 2nd Street.. Carbondale. CO 81623 Ashen Glen Water & Sanitation Qistrict. 9929 Hwy. 8.2, Carbondale. CO 81623 12. Is the facility in a 100 year flood plain of other nature hazard area: No If so, what precautions are being taken? n/a Has the flood plain been designated by the Colorado Water Conservation Board, Department of Natural Resources, or other Agency?: Yes If so, what is that designation? Area of Minimal Flooding (See Application Attachment 4) Name of Agency: Federal Emergency Manactement Actenov - Administered by CWCB. Bryan Hyde 13. Please include all additional factor that might help the Water Quality Control Division make an informed decision on your application for Site Approval: This will be a new facility which will provide regional services to the South Eastern portion of the Carbondale Service Area. At this point. the plant is proposed to serve the St, Finnbar Farm. B) Information Regarding Lift Stations: 1. The proposed lift station, when fully developed will generate the following additional load: None Peak Hydraulic: 0.1 MGD P.E. to be served: 1250 2. Is the site located in a 100 year flood plain?: No If so, describe the protective measures to be taken: n/a 3. Describe emergency system in case of station and/or power failure: Over flow tankage will be provided to store 2000 gallons. This represents 40% of the average daily load of St. Finnbar Farm which is estimated to be 5000 clod. When service is extended beyond St, Finnbar Farm, either back up generation or an additional Lift Station storage will be provided. 4. Name and address of facility providing treatment: St. Finnbar Wastewater Treatment Facility 5. The proposed lift station when fully developed will increase the loading of the treatment plant to 5% of Hydraulic and 5% of Organic capacity and St, Finnbar Wastewater Treatment Facility agrees tc treat this wastewater?: Yes X No Date: Signature and TitleL, Page 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Site Application St. Finnbar Wastewater June 1997 C) Federal or State Ownership or Management: 1 If the Facility will be located on or adjacent to a site that is owned or managed by a Federal or State Agency, send the Agency a copy of this Application. n/a Recommendation of Governmental Authorities: Please address the following issues in your recommendation decision. Are the proposed facilities consistent with the Comprehensive Plan and any otter plans for the area, including the 201 Facility Plan or 208 Water Quality Management Plan, as they affect water quality? If you have any further comments or questions, please call 320-8333, extension 5272. DATE RECOMMEND RECOMMEND NO SIGNATURE OF APPROVAL DISAPPROVAL COMMENT REPRESENTATIVE 2. 3. $./797 X 9„447 x 7,9A0-7 x 8. 9. 1 10. 1 Page 12 Management Agency Local Government: Town of Carbondale Sanitation District: Carbondale Sanitation District Sanitation District: Mid Valley Metropolitan District GarfeId Co. Board of Commit sioners Garfield Co. Health Authority Garfield Co. Planning Authority Regional Planning State Geologist CWCB for FEMA Site Application June 1997 St. Finnbar Wastewater (For lift stations, the signature of the State Geologist is not required. Applications for Treatment Plants require all signatures.) I certify that I am familiar with the requirements of the "Regulations for Site Applications for Domestic Wastewater Treatment Works," and have posted the site in accordance with the regulations. An Engineering Report, as described by regulations, has been prepared and is enclosed. Applicant. Signal Date: Applicant Mame: Ronald B. Liston (Typed) Page 13 Site Application June 1997 St. Finnbar Wastewater SITE APPLICATION ATTACHMENTS Application Attachment 1 Figure 1 - 5 Mile Radius Map List of Sewer Treatment Plants Lift Stations Municipal Water Supply Well Page 14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 Suck- raiin ) ) 1 ,i,7cy • y Town of Carbondale WWTP-1..\- _ "-\..,1 __J.). •-•/;- '7'...1"),.-777 .2„.:: • - j ,'-7. r- :;_, --c.-- .--"---. --- I j ',.._.) ,,1 P t i -'7 1,---r.' f / -. , 0 •_—, "',':•- "...,'' ; -1 ,..---• ).-rr' ; 2 \Fel- :, ; L,,,--"._-----0 • i ii. • Ranch at Roaring Fork WWTP ,,- L (-., .._.___. ___, • , e , --\13g -, - • • 1: r.- ..i k!: • ( , - \:--- —7 .._(,.,___ ,,, 1 , .,i , : ,..,\`1, • • : . • - ___ • -- ---:----„E=„- ...- _ -!,-------_,_---,-_-----r-":%," ,-- .,.•'. 1,t,' ' " -.':------'-":-- ,•• ----, ----; ..._i__ • --- ,„-, •, ., -= .._-_. „_.... _ Mid Valley Metro Dist. „..„ --_, • L Town of Carbondale Wells _ • ••_ / ''- • 1'1' I • ; (`, .171' L /TY St. Finnbar Farms ri -,---. • Pad'. --• • • •••• /-% ,› F7-7'7= — s)\rif, „„- , —F;anch • - .79 • -- , . • \ ,• )/() h.\\, • ; L 1 \-) Five Mile REdFUS LE:A.E 1.7LA z' 7 St. Finnbar Farms ./s(N I RC,EZT Site Application June 1997 St, Finnbar Wastewater Application Attachment 2 Figure 2 - 1 Mile Radius Map List of Habitable Buildings Location of Potable Wells Topograph Page 15 eek • .ys 4 ^ 680 k 6875• - 1s; 6789 • • 6285 .,i 97 - Y f 32 Proposed WWTP • •62J `rf NOTE'S: 1) Well iortations approximate from—1S . ee.■ EO database 2} Well ID abets from" -permit table , 75". 7eee 8 S. 11'. INCH . OO -FEET 00 Well Location 1 —Mile Radius From WWFP SCALE A. 200X LATE: 5-12-1pD7 1OFI DRAWN BY: [x1 CHIC DT: APPO BY: TAT PLAN NO. D:9630/"jwAr St. Finnbar Farms Z4NCANE7_G4 ANL) AS.5OCAIMG N Vi NC CQVSUL TAN /15 POST WPM pr ISM - tore woe AVOW WNW= moot =nom rem (31:63) I6 -.Ince F1DU 114301.1 Site Application June 1997 St. Finnbar Wastewater Application Attachment 3 Wells Located within a 1 -Mile Radius Page 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Table Well Permits Approximately Within 1 -mile Radius of St Finnbar WWTP [Map ID Permit # Name Sec Twp Rng Q40 0160; Coords NUS Coords E&W 1 28155 Blue Harold L 30 07 S 087 W NE SW 13785 1979W 39740 Lions Harry 30 07 8 087 W NE SW 2 32549 Tacker Charley E. & Emma Lo 30 07 S 087 W NE SW 1440S 2170W 3 183186 Burkett Bob 30 07 S 087 W SE SW 0050S 1432W 7839 Hughes L E 30 07 S 087 W SE SW 24323 C/O Ken Robinson 31 07 S 087 W NE 12977 Maclear J R 31 07 S 087 W NE NE _ 4 24228 Hughes Lael E. 31 07 S 087 W NE NW 1050N 2550W 123725 Kuen A 31 07 S 087 W NE NW 5 73985 Troxel Ronald A. 31 07 S 087 W NE NW 0255N 2010W 6 47105 Troxel Ronald A. & Selma Ann 31 07 S 087 W NE NW 0031N 2440W 44990 Garfield Company 31 07 S 087 W NE SE 7 41582 St Finnbar Land Co 31 07 S 087 W NE SW 26085 1775W 8 166100 St Finnbar Land Co 31 07 S 087 W NE SW 23505 1521W 9 41589 St Finnbar Land Co 31 07 5 087 W NE SW 2230S 1958W 10 41587 St Finnbar Land Co 31 07 S 087 W NE SW 18818 1827W 11 _ 41581 St Finnbar Land Co 31 07 S ' 087 W NE SW 25198 2053W 12 41586 St Finnbar Land Co 31 07 S 087 W NE SW 2050S 1417W 13 41588 St Finnbar Land Co 31 07 S 087 W NE SW 19578 2081W 14 41583 St Finnbar Land Co 31 07 5 087 W NE SW 26245 1420W 15 39975 Carson Diversified C/O John 0 31 07 S 087 W NW NE 1240N 1680 57559 Catherine Store Inc. 31 07 S 087 W NW NE 16 32547 Lions Ridge Estate Homeown 31 07 5087 W NW NE 0617N N 2625_ 24323 Lions Ridge Estates 31 07 S 087 W ' NW NE 43871 Colo Chalet Co 31 07 S 087 W NW NW 17 41585 St Finnbar Land Co 31 07 S 087 W NW SW 25785 0980W 18 34002 Braden Ralph 31 07 S 067 W SE NW 1800N 1700W' ' 10561 T Q Ranch Of Colo 31 07 S 087 W SE NW 10560 T 0 Ranch Of Colo 31 07 5 087 W SE NW 21113 Cerise Oscar 31 07 S 087 W SW _ NE 19 34003 Braden Ralph 31 07 S 087 W SW NW 1500N 1000W 20 41584 St Finnbar Land Co 31 07 S 087 W SW NW 3012S^ 1148W 21 168718 Head Allan 31 07 S 087 W SW SW 00105 0460W, 22 36147 Blue Jean 25 07 S C'88 W SW SE 0860S 1655 28053 Jacobson L C 3607 S C88 W NW NE �~ 24488 Ranch At Roaring Fork 36 07 5 C88 W SE NE 8209 Mid -Continent Coal & Coke 36 07 S 1088 W SW SW 23 168719 Head Allan 6 08 S 1087 W NW NW 0750N 0330W 24 168720 Head Allan 6 08 5 087 W NW NW 0950N 0220W I -Active Well Permits From 1995 Seo Database Site Application June 1997 St. Finnbar Wastewater Figure 3 - Flood Plain Map Application Attachment 4 Page 17 in 1M E CO01 :.1 NJ 0 v' -i -mo m C N > ❑ Z m mzt� 0 ❑> i p n 0 71 ),.. m zsm ❑D-. m 17 m z y m - M `j b I C C r-{-1 nasmimm ra m C a 0 1 Tr &-4 \\\\ r t/7 m N rw m m 1s tit "y O m Z -! 0 0 a o > t is N Q 2 0 N 0 2 rn z CO m o m� oma N ❑ m 0 z 'l_ d 0 0 Z m m CO m Ca m0 m N 0 2 m N 0 2 CO m N WZ m 6280 N.r N.) 8869 6292 N f t`L 93 a8 - $ ppp r--‹ � A ^ zW u 3 y3 r/ N N 0 2 m 0 co 4 0 C j Site Application June 1997 St. Finnbar Wastewater Application Attachment 5 Effluent Limits Letter, Colorado Department of Health Page 18 APR jr STATE OF COLORADO Roy Romer, Governor Patti Shwayder, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado Grand Junction Regional Office 222 S. 6th Street, Room 232 Grand Junction, Colorado 81501-2768 Fax 19701 248-7198 April 7, 1997 Thomas A. Eancanella, P.E. Zancanella & Associates, Inc. P.O. Box 1980 Glenwood Springs, Co 81602 Colorado Department of Public Health and Environment Re: Preliminary Effluent Limits For the Proposed St. Finnbar Farms Wastewater Treatment Facility, Garfield County Dear Tom: In response to your request for preliminary effluent limits for a proposed wastewater treatment facility to serve the St. Finnbar Farms development, I have reviewed the existing permits for the Town of Carbondale and Ranch at Roaring Fork facilities to develop comments related to effluent limits for the new facility. The two existing facilities and the new proposed facility are within three miles of each other and could be consolidated, therefore they will be considered jointly. Also, the 208 Regional Plan for the Roaring Fork Valley designates the Carbondale facility as the regional treatment facility to serve this area. The St. Finnbar facility would make five small facilities between the Carbondale and Basalt facilities. The Mid Valley, Crawford, and Sopris Village facilities are approximately three river miles upstream and the Basalt Sanitation District facility is approximately six to seven river miles upstream and these facilities could also have an impact on the water quality of the river near Carbondale. Several different regulations can have an affect on the development or expansion of all these facilities so key points will be highlighted to provide the big picture. The antidegradation requirements of "The Basic Standards and Methodologies for Surface Water" (Basic Standards) must first be considered. Section 3.1.8(c) of the Basic Standards states that an activity is not significant and that further antidegradation review is not required if the chronic instream low flow to effluent flow ratio is greater than 100:1. Based on the latest low flow analysis for the Roaring Fork River above Carbondale, the annual chronic law flow has been established at 199 cfs as listed in the existing permits. Based on this flow, the three facilities near Carbondale could be expanded to 1.28 MGD without further antidegradation review. The Carbondale facility currently has a capacity of 0.50 MGD with a tentative proposal to expand to 1.0 MGD. The Ranch at Roaring Fork facility has a capacity of 0.050 MGD. An additional 0.23 MGD of capacity could be utilized in this area before effluent limits might be driven by the antidegradation requirements. Because the combined discharge from the three facilities meets the 100:1 dilution ratio with the receiving stream, the facilities could all be certified under aur general permit procedures for each individual facility with a design flow less than 1.0 MGD. The assumptions for fecal coliform bacteria and total ammonia limits listed in the rationale for the general permit must be evaluated in order to determine if the general permit can be used. For this evaluation, a review was done on the stream data from the water quality sampling stations located at Old Snowmass and at Glenwood Springs on the Roaring Fork River. St. Finnbar Farms April 9, 1997 Page 2 For fecal coliform bacteria, the data sets indicated no change in bacteria levels in the Roaring Fork River between the two sampling stations with the stream having very little bacterial contamination. The geometric means of the samples at both stations were less than 25 organisms per 100 m1. The rationale for the general permit indicates that average background fecal coliform levels can not exceed 142 organisms per 100 ml for a class 1 recreational stream. The current data indicates that the maximum allowable fecal coliform limit of 6,000 organisms per 100 mi will be valid for all three facilities. For total ammonia, the data sets indicate an average level of approximately 0.1 mg/1 at both stations. Because there are other facilities upstream, this level will be assumed as background above the three facilities being considered in this analysis. The Colorado Ammonia Model is generally used to calculate effluent limits for ammonia. Since a valid instream data set is not available to run the model for this new discharge, default maximum allowable instream concentrations derived from runs of the model on similar streams will be used in the mass balance equation. The worse case default value is 0.3 mg/1 for the months of May through November. Assuming that the Carbondale WWTF is at 1.0 MGD and the Ranch WWTF is tied to the new facility at 0.10 MGD for a combined flow of 1.1 MGD (1.7 cfs), the mass balance equation would yield: 0.3 mg/1(200.7 cfs) - 0.1 mg/1(199 cfs) Effluent Limit = 1.7 cfs Effluent Limit = 24 mg/1 This level of effluent total ammonia is greater than the concentration expected to be found in the effluent from an extended aeration wastewater treatment facility, therefore no effluent ammonia limit will be imposed if the assumed background instream concentration is found to be valid. Based on the above information, the proposed St. Finnbar Farms wastewater treatment facility can be certified under the general permit for facilities meeting the 100:1 instream dilution ratio. Only basic secondary effluent limits would be imposed on this new facility even at a design flow of 0.10 MGD. These limits would be: Parameter Limit Rationale BOD5, mg/1 TSS, mg/1 Fecal Coliform, no/100 ml Total Residual Chlorine, mg/1 pH, s.u. (minimum -maximum) Oil and Grease, mg/1 Total Ammonia, mg/1 as N Salinity 30/45b 30/45b 6,000/12,000° 0.5° 6.0-9.Od 10c Report Report State Effluent Regulations State Effluent Regulations State Fecal. Coliform Policy State State State Effluent Regulations Effluent Regulations Effluent Regulations Water Quality Standards Discharge Permit Regulations 30 -day average b 30 -day average/7-day average Daily Maximum d Minimum -Maximum ` 30 -day geometric mean/7-day geometric mean f 30 -day average/daily maximum St. Finnbar Farms April 9, 1997 Page 3 A similar analysis to the one in this letter will be included in any new rationales for the Carbondale, Ranch at Roaring Fork, and St. Finnbar Farms permits. These analyses will serve as documentation, as required under Section 303(d) of the Clean Water Act, of the Division's determination of total maximum daily loads (TMDLs) for Segment 3 of the Roaring Fork River Sub -Basin below the discharge point for the Town of Carbondale WWTF. I hope the above information will be helpful for future planning along the Roaring Fork River near Carbondale. If you have any questions, please call me at (970) 248-7150. Since ely, �•/�]�/}�� l I �rL I 1 1�� ea L , John R. Blair, P.E. Permits & Enforcement Section Water Quality Control Division CC: John Hier, Town Manager, Town of Carbondale Mark Bean, Garfield County Planning Dick Bowman/Dwain Watson, Field Support Dave Akers, Permits & Enforcement, Denver File Site Application St. Finnbar Wastewater June 1997 Authority Letter Operator Letter Application Attachment 6 Page 19 ST. FINNBAR LAND COMPANY C/O JIM MINDLING MID -VALLEY DEVELOPMENT CO. 32 BUTTONBALL LANE WESTON, CT 06883 May 13, 1997 Colorado Department of Health and Environment Water Quality Control Division 4210 East l l th Avenue Denver, CO 80220 Re: St. Finnbar Waste Water Treatment Facilities Gentlemen: The undersigned is the owner of a parcel of land in Garfield County, Colorado consisting of approximately 85 acres known as St. Finnbar to be developed as a fourteen (14) lot subdivision. With respect to the waste water plant treatment facilities to be installed as apart of this development, the undersigned certified as follows: 1. At site on St. Finnbar consisting of approximately 3.8 acres described on Exhibit "A" attached hereto will be made available for the waste water treatment facility. The site and facilities constructed thereon will be conveyed to a homeowners association (St. Finnbar Owners Association) to be formed. 2. A homeowners association will be formed to further the interests of St. Finnbar lot owners, including the operation of the waste water treatment facilities and the hiring of a manager for such operations. Pursuant to protective covenants to be recorded against St. Finnbar, the association will be charged with the obligation to operate the system, including the hiring of a Colorado Department of Health certified operator, adoption of a budget and collection of fees to cover operation and maintenance costs of the system. Attachment c:lro nlstfinnbrlletters\coiodepr.o 1 Very truly yours, St. Finnbar Land Company, a Colorado corporation Sy: /..,(...„4 -e -z 'c orton A. Heller, ecretary WAST, 7 WATER TREATMENT PLANT DESCRIPTION A PARCEL OF LAND .ITUATED IN LOTS 6, 12, 13 AND 19 OF SECTION 31, TOWNSHIP 7 SOu'rH„ RANGE 87 WEST CF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PROPERTY REIN MORE PARTICULARLY DES C IBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE ST. FINNBAR PRO ERTY, WHENCE THE WITNESd CORNER TO THE NORTHEAST CORNER OF SAID S CTION 31 BEARS N 41°08'04" E 3203.06 FEET; THENCE S 6912'05" W 2214.89 FEET TO AN ANGLE PCINT ON THE SOUTHERLY LINE OF SAID PROPERTY, THE TRUE POINT OE SEG NN. ; THENCE N 89°25'59" W ALONG THE SOUTHERLY LINE OF SAID PROPERTY 84.78 FEET; THENCE LEAVING SAID SOUTHERLY LINE N 20°56'55"121.83 FEET; THENCE N 20°00'23" W 19.59 FEET; THENCE N 65°07'22 E 361.94 FEET; THENCE S 33°35'08" F 578.44 FEET; THENCE N 81"48'51" W 263.21 FEET; THENCE N 72°30'0" W 261.71 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID ST. FINN AR r PROPERTY; THENCE 00°21'03" W ALONG SAID SOUTHERLY LINE07.92 FEET TO THE TRUEPOINT OF REGTi'1'IZNQ; SAID PARCEL CONTAININC 1f 3 . 826 ACRES, MORE OR LES X:V4214907415.1715iTa.L"YS S/6/57 Site Application June 1997 St. Finnbar Wastewater REPORT ATTACHMENTS TABLE 1 Table 1 - St. Finnbar Wastewater Flows Page 20 Table 1: Proposed Wastewater Flows for the St. Finnbar Regional Plant # of Single Family Units St. Finnbar Ranch 14 Preshana Farms 30 # of EQRs 14 30 Ranch at Roaring Fork - Existing units 135 135 Proposed units (Crowley Phase 5) 10 10 Ranch Creek Properties - Jenkins W icks/Brown 10 15 10 15 Relay Station 5,000 square feet Restaurant (100 seats) 8000 gpd 22.8 10,000 square feet Office Complex (100 people) 1500 gpd 4.3 Waldorf School 3800 gpd 10.8 Total # Single Family Units 214 Total # of EQR's 251.9 Estimated Design Flow 88165 GPD @ 350 GPD/EQR Design 0.1 MGD 06/16/97 Zancanella & Associates FLOWS1.WK4 Site Application June 1997 St, Finnbar Wastewater TABLE 2 Table 2 - Development Schedule St. Finnbar Wastewater Treatment Plant Page 21 k $ 7-tR 0 §e 22 o111 con - r4 e� n 0 QQ 2 § 249.1 252.1 251.9 a E §e ee§ 2 k 0 k K §co 10 e 17,1 p. /© Ln 2© r� e co 0 co k 192.8 209.8 Q 2� /- -m § 2 0 id s 8 to 63280 65380 § g _ a 8 a Site Application June 1997 St. Finnbar Wastewater TABLE 3 Table 3 - Proposed Effluent Limits St. Finnbar Wastewater Treatment Plant Page 22 Table 3: St. Finnbar Proposed Effluent Limits Full Buildout Hydraulic Load Organic Load 0.1 mgd 250 lbs/day Discharge Limits TSS 30 mg/1 30 Day Avg. 45 mg/I 7 Day Avg. BOD 30 mg/I 30 Day Avg. 45 mgfI 7 Day Avg. Total Ammonia as N mg/I None Chlorine Residual Fecal Coloform 0.5 mg/I 6000 mg/I 30 Day Geometric 12000 mg/l 7 Day Geometric Mean Mean 06/09/97 Zancanella & Associates FLOWSI.WK4 Site Application St. Finnbar Waste ate r June 1997 TABLE 4 Table 4 - Estimate of Probable Construction Costs St. Finnbar Wastewater Treatment System Page 23 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Table 4: Estimate of Probable Construction Costs St. Finn bar Wastewater Treatment Plant Item No. Description Amount Unit Unit Price Total Price 1 Grading & Site Preparation 1 LS $3,000 $3,000 2 Flow Measurment & Automatic Bar Screen Room 1 LS $53,700 $53,700 3 Yard Piping & Discharge to Roaring Fork River 300 Ft 30 $9,000 4 Forced Main 750 Ft 25 $18,750 5 Concrete Flat work 10 YD 230 $2,300 6 Ultraflote Dome 1 LS $50,700 $50,700 7 E. A. Aerator Treatment System 1 LS $130,700 $130,700 8 Concrete Tankage 1 LS $83,000 $83,000 9 UV Disinfection 1 LS $6,000 $6,000 10 UV Building Discharge Measurment & Office 1 LS $27,000 $27,000 11 Component Installation 1 LS $20,000 $20,000 12 Mechanical Systems & Installation 1 LS $7,500 $7,500 13 Sludge Processing 1 LS $37,000 $37,000 14 Power Installation 750 FT $5 $3,750 15 Water Well Supply 1 LS $6,000 $6,000 16 Site Clean-up & Testing 1 LS $2,000 $2,000 17 Engineering & Design 1 LS $25,000 $25,000 18 Construction Management 1 LS $11,000 $11,000 19 Contingencies 10% LS $46,289 $49,640 Sub Total: $546,040 Lift Station 1 LS $25,000 $25,000 Over Flow Tankage 2 LS $1,500 $3,000 L Total: 1 06/12/97 COST100.WK4 $574,040] ENGINEERING REPORT AND SITE APPLICATION APPENDICES FOR THE St. Finnbar Wastewater Treatment Facility Garfield County Prepared By: Zancanella & Associates, Inc. P.O. Box 1908 Glenwood Springs, CO 81602 (970) 945-5700 Site Application June 1997 St. 1=innbar Wastewater APPENDICES APPENDIX A Appendix A - Ranch at Roaring Fork Documents 1) Ranch at Roaring Fork Denial letter dated December 6, 1996 2) Garfield & Hecht letter dated May 7, 1997 3) Ranch at Roaring Fork Covenants 4) Memorandum of Understanding 5) Garfield & Hecht letter dated December 9, 1996 6) Sewer Service Agreement Exhibit A - Legal Description Exhibit B - Rules and Regulations Exhibit C - Amendment to Article 9 of Covenants Equivalent Residential Unit (EQR) Schedule - Sewer Utilities Page 24 Via Telecopler 203-227-9519 Mid -Valley Development Co. c/o .Tames H. Kindling 225 North Mill Street Aspen, Colorado 81611 Dear Jim: December 6, 1996 Re: St. Finnbar/Ranch at Roaring Fork This will confirm that, while a majority of those homeowners who voted did favor the provision of waste water treatment services to the St. Finnbar property, a sufficient number of people voted against the proposal so that, together with the persons who did not vote, they constituted a blocking minority. Accordingly, the Ranch was not able to obtain approval of the Agreement between us by November 30, 1996. St. Finnbar is therefore free to terminate the Agreement and pursue other means for obtaining waste water treatment for residences on its property, Sincerely yours, RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION By: Hardin.Holmes, Secretary .1 c? C,r; (,;^(161,:. E1633 • • R(),NA1.I?u Rrllil.I)' �IJR1:14 \ 1171 111 .. IICIl.1I_L 1 HERRON-- D1Vl!) L. 1_LNVO \I.ITTI IEW C ! l RGLSON' KRISTs S.I'I'RR.1RO•••• C -a r.. ....nnia li ar . 4• r ,: 3 I f a r bar GAE'>IELD & EECET, C ATTORS:NYS AT I. A.V, 11C"I`f)fa \N SQL -11U I3i'iI DI f; 61)1 FAST I11NI:1'S :11 1SNr\. C01 ()I..•\D() %1 (41 1 Via Ranger Express Mr. Ronald Liston Land Design Partnership 918 Cooper Glenwood Springs, CO 81601 May 7, 1997 Re: St. Finnbar and Ranch at Roaring Fork Dear Ron: TELEPIIONE (970) 925-1936 TELECOPJER 1970) 925-)003 E-mail garbs cIu rol.nel You have requested evidence as to what approvals were necessary under the Ranch at Roaring Fork constituent documents in order to extend sewer service to St. Finnbar. My files indicate that, since early 1990, St. Finnbar had been attempting to obtain an agreement from Ranch at Roaring Fork for an extension of sewer service. Finally, after many frustrating years of effort, a Memorandum of Understanding between St. Finnbar and Ranch at Roaring Fork was signed in December, 1995 to be followed by a Definitive Agreement. The extension of sewer service to St. Finnbar was presented to the Ranch at Roaring Fork owners for approval at their July, 1996 annual meeting. The Ranch at Roaring Fork was never able to obtain the necessary approvals from its membership and, in December, 1996, I did, on behalf of St. Finnbar, terminate the Definitive Agreement. It appears that the Ranch at Roaring Fork tried unsuccessfully for about five (5) months to obtain the requisite approval of its members and that St. Finnbar spent almost seven (7) years unsuccessfully trying to obtain an extension of sewer service from the Ranch at Roaring Fork. As the attorney for St. Finnbar, it was not my place to tell Ranch at Roaring Fork Homeowners Association, Inc. (the "Association") what approvals it needed to get from its own members to extend sewer service to St. Finnbar. However, it was w t:. 1, Mr. Ronald Liston Land Design Partnership Page 2 May 7, 1997 apparent that the Ranch at Roaring Fork Declaration (the "Declaration") did not provide for the extension of sewer service to users outside the Ranch at Roaring Fork boundaries. Paragraph 14A. of the Definitive Agreement made the extension of sewer service to St. Finnbar conditioned upon obtaining approval of the necessary amendment to the Declaration and gave the Association until November 1, 1996 to obtain such approval. Specifically, the approval was to take the form of an amendment to Section 9.5(e) of the Declaration. Section 15.1(b) of the Declaration requires the approval of not less than seventy five percent (75%) of the members of the Association to adopt any amendment to the Declaration. Enclosed herewith please find the following: 1. Memorandum of Understanding. 2. Definitive Agreement. Please refer to Paragraphs 14A. and 14C. found on Pages 13 and 14 of the agreement. Also refer to Exhibit "C" which is the text of the proposed amendment to the Declaration. 3. Copy of my December 9, 1996 termination letter. 4. Declaration for Ranch at Roaring Fork. Please refer to Sections 9.5(e) at Page 22 and Section 1 5.1 (b) at Pages RG/mal Enclosures Copy to: James Mindling (via facsimile without enclosures) c:lron .stfinnbrlletterslliston.03 Recorded et 1"1-'-[(..," o'clock i' M. Reception No .i /c is MLIM:ED ;',I_;:fs 211F, RECORDER COLORADO SECOND AMENDED DECLARATION OI' COVENANTS, CONDITIONS, LIMITATIONS, RESTRICTIONS, RESERVATIONS,. LIENS AND CHARGES FOR RANCH AT ROARING FORK INDEX Page RECITALS 1 ARTICLE I - Name. of Project Section 1.1 -- Ranch at Roaring Fork . . . . . .. ARTICLE II - Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Definitions 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.35 2.37 2.38 2.39 2.40 2.41 2.42 Annexed Real Property Articles Assessments Association Board By -Laws , . Commercial Parcel Common Common Common Elements Expenses Recreation Reserve Condominium Building . . . . . . . Condominium Mara or Plat Condominium Parcel Condominium Parcel No. 1 Condominium Parcel No. 2 Condominium Unit Declaration Detached Housing Parcel Detached Housing Unit Garfield County Records General Common Elements Guest Homestead Parcel Improvement 5 Individual Space . . 5 Limited Common Elements Lot 5 Map or Plat 5 Member 5 2 2 2 2 2 2 2 2 2 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 Mortgage 5 Mortgagee 6 Owner 6 Project 6 Property To Pe Annexed 6 Ranch 6 Real. Property 6 Record 6 Sale 6 Supplementary Declaration 6 Unit 6 Water and Sewer Facilities 6 Certain Pronouns 6 ARTICLE III - Establishment Section Section Section Section Section Section Section of Form of Ownership 7 3.1 Recordation of Declaration 3.2 Recordation of the Project Map or Plat and the Condominium Map or Plat . . 3.3 Description of Units of Conveyance; Presumptions 7.4 Inaeverability of the Units 3.5 Separate Assessment and Taxation of Units - Notice to Assessor 3.6 Form of Ownership - Title 3.7 Termination of Mechanic's Lien Rights and Indemnification 7 8 8 8 8 9 ARTICLE I7 - Description of the Projec' Section 4.1 -- Real Property Section 4.2 -- Improvements ARTICLE V - An.nexaticr. t7,,X , Fr.15.Pnee 9 10 10 Section 5.1 -- Right of Annexation 10 Secticn 5.2 -- Method of Annexation 10 Section 5.3 -- Merger or Consolidation 11 ARTICLE YI - Easements, Restrictive Covenants and Reservations 11 Section 6.1 Secticn 6.2 Secticn 6.3 Section. 6.4 Section 6.5 Secticn 6.6 Section 6.7 Section 6.6 Secticn 6.9 Secticn 6.10 Secticn 6.11 Use of Cenerel Common Elements . . . 11 tion-Partitionability of Common Elements 11 Use of General and Limited Common Elements 11 Easement for Encroachments 11 Use and Cccapancy 11 Access for Maintenance, Repair and Emergencies 11 Easements and Rights of the Associatio'°1 . . . 12 Easements and Other Rights and Reservations of Declarant 13 Restrictive Covenants 13 Delegation of Use 16 Owner's Exclusive Right to Individual Space, Lots and Limited Common Elements . . . . . . . . . . . . . . 16 ARTICLE VII - Membership ani Voting Rights in the Association . . . . . . . . . . . . . . . . . 16 Section 7.1 -- Membership 16 Section 7.2 -- Transfer 16 Section 7.3 -- Voting Rights 17 ARTICLE VIII - luties and Powers of the Association . . . . 17 Section. 8.1 Duties of the Association . . 17 Section 6.2 rowers and Authority of the Association 19 Secticn 8.3 Attcrney-in-Fact . . 20 Secticn E.4 Ncnliability and Indemnification . . 20 Section 8.5 Property Held by the Association . . 21 ARTICLE IX - Water and Sewer Service 21 Section 9.1 -- Common Elements 21 Section. 5.2 -- Acquisition and Management of Water Rights 21 Secticn 9.3 -- Acquisition and Management of Water and Sewer Service Facilities . . . . 21 Section. 9.4 -- initial Water Rights and Water and Serer Service 21 Section 9.L -- Water end Sewer Service . . . . . 21 Section 9.6 -- Allocation of Water .. . . . . . 22 Secticn. 9 -- Financing 2-' Section 9.e -- Service by a Substitute Entity 22 ARTICLE X - C:'enent for Assessments 23 Sectio. 1'3._ -- Creation of the Lien and Persnsi Obligation of Assessments and Service ices Section 10.2 -- Section Section Section Section Section Section Section Section Section ARTICLE XI - 10.3 -- 10.4 -- 10.5 -- 10.6 -- 10.7 -- 10.8 -- 10.9 -- 10.10-- 10.11-- !Ma 673 P;CE5BS Purpose of Annual and Special Assessments Annual Assessments Special Assessments Date of Commencement of Annual Assessments; Due Dates Duties of the Board Estoppel Statement Cost Centers - Rate of Assessments for Each Unit . . . . . . . . . . . Authority of the Board . . . . . Nonuse and Abandonment Ascertainability of Unpaid Common Expenses - Statement of Account . . Association's Lien for Non -Payment of Assessments Section 11.1 -- Section 11.2 -- Section 11.3 -- Section 11.4 -- Section 11.5 -- Section 11.6 -- Delinquency and Lien of Association . Notice of Claim of Lien . . . . . . . Foreclosure of Lien Other Remedies Curing of Default and Release of Lien Cumulative Remedies . !crtgagees ARTICLE XII - Insurance Section 12.1 -- Section 12.2 -- Section 12.3 -- Section 12.4 -- Section 12.5 -- Section 12.6 - Section 12.7 -- Authority to Purchase Insurance Previsions . . Appraisal Condominium Unit Owner's Insurance Detached Housing Unit Owner's Insurance Other Insurance Coverage . Beneficiaries of Insurance Policies and Certificates ARTICLE XIII - Casualty, Destruction, Obsolescence or Condemnation; Restoration; and Association as Attorney -in -Fact Secticn 13.1 -- Section 13.2 -- Section 13.3 -- Section 13.4 -- Section 13.5 -- Section 13.6 -- Page 23 23 23 24 24 24 24 25 25 25 25 25 25 25 26 2`5 26 26 26 27 27 27 27 27 23 23 Association as Attorney -in -Fact 28 Reconstruction 28 Substantial Destruction, and the Sale cf the Affected Property 29 Substantial Destruction and Restoration of the Affected Property 30 Substantial Obsolescence 30 Condemnation 31 ARTICLE XIV - Architectural Control Section 14.1 -- Section 14.2 -- Section 14.3 -- Section 14.4 -- Section 14.5 -- No Change in Property Without Approval Certain Special Objectives . . . Conditions Precedent to Approval . Prosecution of Work After Approval. Assignment cf Functions ARTICLE XV - Duration; Amendment Section 15.1 -- Duration, A,nend e r,.=CLE XVI - Enforceoent, Waiver Section 16.1 -- Effect of Covenants Sectio: 16.2 -- Enforcement Section 16.3 -- Waiver cf Enforcement 32 32 32 32 33 33 33 33 35 ARTICLE XVII Section Section Section Section Section Section Section Section Section 673 Et-ciE589 Pa :-:•E4. General Provisions ....... . . • • ▪ 35 17.1 -- 17.2 -- 17.3 -- 17.4 -- 17.5 -- 17.6 -- 17.7 -- 17.8 -- 17.9 -- Severability Succession Notices . Captions • ..... • • - Construction Acceptance of Documents and and Members Colorado Law Incorporation Copies CERTIFICATE OF AMENDMENT EXHIBITS A --Description B --Description C--Deacription D --Description - E --Description Provisions of All Obligations of Owners by Reference Ranch at Roaring Ranch at Roaring Ranch at Roaring Reserve Ranch at Roaring Parcel N. 1 Ranch at Roaring Fork - Parcel No. 2 Fork Fork Fork Fork - Entire Ranch - Commercial Parcel - Common Recreation - Condominium Condominium 35 35 35 35 35 36 36 36 36 37 1 1 r 1 1 1 f 1 1 1 1 1 1 1 i 1 t MX (373 P:5E590 SECOND AMENDED DECLARATION OF COVENANTS, CONDITIONS, LIMITATIONS, RESTRICTIONS, RESERVATIONS, LIE[IS AND CHARGES FOR RANCH AT ROARING FORK This Second Amended Declaration of Covenants, Conditions, Limitations, Restrictions, Reservations, Liens and Charges for Ranch at Roaring Fork (hereinafter the "Declaration") is wade this _ day of , 1904, b, the Ranch at Roaring Fork Homeowners Association, Inc., a Colorado not-for-profit corporation, as successor to the Ranch at Roaring Fork, Inc., a Colorado corporation, for itself, its successors, grantees and assigns (the "Declarant"). RECITALS KNOW ALL MEN BY THESE PRESENTS; A. THAT WHEREAS, this Second Amended Declaration of Covenants, Conditions, Limitations, Restrictions, Reservations, Liens and Charges for Ranch at Roaring Fork expressly revokes, amends and replaces the Declaration of Establishment of Covenants, Conditions, Limitations, Restrictions, Reservations, Liens and Charges for Ranch at Roaring Fork Condominiums, a Resort Condominium Project, made by Declarant, dated October 11, 1973, and recorded October 23, 1973, in Book 451 at Page 45 of the Garfield County, Colorado records (the "Original Declaration") and the Amended Declaration of Covenants, Conditions, Limitations, Restrictions, Reservations, Liens, and Charges for Ranch at Roaring Fork dated October 10, 1977, and recorded October 26, 1977, in Book 502 at Page 82 of the Garfield County, Colorado records (the "Amended Declaration"), and all subsequent amendments thereto. This Seconded Amended Declaration has been adopted and approved by the Owners and Mortgagees in accordance with the provisions of Article XVI of the Amended Declaration; and B. WHEREAS, Declarant was, on the date of the Original Declaration, the record owner of approximately 464 acres of real property (the "Ranch") located in Garfield County, Colorado, more particulary described in Exhibit "A" attached hereto and incorporated herein; and C. WfiEREAS, The Ranch is an area of natural beauty including distinctive terrain features and pastoral areas; and it is the desire and the intent of the Declarant to continue a planned unit development community primarily for residential use, in which such natural beauty shall be substantially preserved and, for the enjoyment and convenience of the persons living in such community, enhanced by the installation and operation of recreational and limited commercial facilities; and D. WHEREAS, A11 real property within the Ranch has been or will be designated under one of the following classifications; 1. Condominium Parcel 2. Detached Housing Parcel 3. Common Recreation Reserve 4. Commercial Parcel 5. Homestead Parcel The classification for any portion of the Ranch shall (subject to the prior approval of any governmental agencies having jurisdiction thereof) be fixed by the owner, with the approval of the Association at the time of annexation of the property to the Project, by the recordation of a supplementary declaration stating the classification of the property being annexed; and E. WHEREAS, a purpose of this Declaration is to classify certain property more particularly described herein and designated herein as Condominium Percale No. 1 and 2 and to subject said Condominium Parcels No. 1 and 2 and undivided interests, rights, and easements in the Common Elements and Common Recreation Reserve to the condominium forms of ownership in the manner provided for in the Colorado Condominium Ownership Act and to classify certain property more particularly described herein and designated herein as the Detached Housing Parcels and to subject said Detached Housing Parcels an'i undivided interests, rights, and easements in the Common Elements and Common Recreation Reserve t., the terms, covenants, conditions, easements, Fly 673 F:E59i restrictions, iimitaticns, obligations and plan established for the separate ownership in fee simple of the real property estates established herein and hereby; and F. WHEREAS, Declarant desires to provide for the preservation of the values and amenities of the Ranch, and for the maintenance thereof; and to this end, desire to subject Condominium Parcels No. 1 and 2, the Detached Housing Parcels, and the Common Recreation Reserve together with such additions to the project as may hereafter made in accordance with the provisions hereof to the terms, covenants, conditions, easements, limitations, restrictions, liens, charges and obligations hereinafter set forth for the benefit of all real property estates and each owner thereof; and C. iiHEP.SAS, Declarant has previously deemed it desirable for the efficient preservation of the value, desirability and attractiveness of the Ranch and additions thereto, to create a corporation to which shall be delegated and assigned the powers of maintaining and administering such properties and improvements and enforcing the terms, convenants, conditions, easements, limitations, restrictions, liens, charges and obligations and collecting and disbursing the assessments and other charges hereinafter established, being the Ranch at Roaring Fork Homeowners Association, Inc., a Colorado not-for-profit corporation; and NOW, T..EBEFORE, Declarant does hereby publish ani declare the following terra, covenants, conditions, easements, restrictions, limitations, liens, charges and obligations which shall be deemed to run with the land, shall be a burden and benefit to the Declarant, its successors and assigns and any property owner acquiring or owning an interest in the reel property and improvements, their grantees, successors, heirs, personal representa:2.ea, devisees, cr assigns. ARTICLE I Name of Proiect 1.1 Ranch at Roaring Fork. The name by which the Project, including additions thereto is to be identified as the Ranch at Roaring Fork. ARTICLE II Definitions Unless the context shall expressly provide otherwise: 2.1Annexed Real Property. "Annexed Real Property" shall mean only any Condominium Parcel or Detached Housing Parcel, including the improvements thereon, annexed to and made a part of the Ranch in the manner provided in Article Y hereof. 2.2 Articles. "Articles" shall mean the Articles cf Incorporation of the Ranch at Roaring Fork Homeowners Association, Inc., as amended from time to time, filed with the Secretary of State of the State of Colorado. 2.3 Assessments. "Assessments" shall mean the assessments, whether general cr special, made by the Association to enable it to raise monies to meet the Common Expenses or any other expenses which may be properly charged or assessed hereunder to the Owners, or any of them, by the Association. 2.4 Association. "Association" shall mean Ranch at Roaring Forking Homeowners Asaccication, Inc., a Colorado not-for-profit corporation, or its successors cr assigns. 2.5 Eosrd. "Board" shall nean the Board of £irectors cf the Association. 2.6 By -Laws. "By-laws" shall mean the -laws of the Association, as amendedcm ti©e to time. eaox 673 hcE592 2.7 Commercial Parcel. "Commercial Parcel" shall mean the parcel of real property described on Exhibit °B" attached hereto and incorporated herein, and may be developed with shops, stores, restaurants or other business or commercial space(s), The Commercial Parcel, even though within the Ranch, shall not be a part of the project and shall have no appurtenant undivided interests, rights or easements, in the Common Recreation Reserve or in the Common Elements within the project. 2.8 Common Elements. "Common Elements" shall mean the Common Recreation Reserve and, with respect to any Condominium Parcel, all of the Condominium Parcel and improvements thereon except the portions thereof which constitute Individual Spaces; and with respect to any Detached Housing Parcel all of the Detached Housing Parcel and improvements except the portions thereof which are within the boundaries of any Lot and except any residence or other structure or improvements on any Lot; and such improvements in such other areas as may be provided for community recreation, utility or for common use; streets, green areas and lakes; all other parts of such land and the improvements thereon necessary or convenient to its existence, maintenance and safety which are normally and reasonably in common use including the air space above such land, all of which shall be owned, by the Association or the Owners of the separate units as tenants in common, as the case may be, each Owner having an undivided interest, right and unrestricted easement in and to such General Common Elements as provided herein; provided, however, General Common Elements shall exclude all Condominium Units and Detached Housing units as defined herein. Without limiting the generality of the foregoing, the following are, with respect to any Condominium Parcel, expressly included within the meaning of Common Elements: (a) All land end easements which are a part of any Condominium Parcel; and (b) All foundations, columns, girders, beams and any other structural components of any Condominium Building on any Condominium Parcel; and (c) The exterior walls of any Condominium Building, the main or bearing walls and the partition walls within the Condominium Building, the main or bearing subflooring and the roofs of any Condominium Bsiiding on any Condominium Parcel; and (d) All entrances, exits, halls, corridors, bridges, lobbies, basements, lounges, linen rooms, storage space, elevators, stairs, stairways and fire escapes of any Condominium Building on any Condominium Parcel not within any Individual Space; and (e) All parts of the Condominium Building on any Condominium Parcel or any facilities and fixtures whether or not within an Individual Space which are or may be necessary or convenient to the support, existence, use, occupation, operation, maintenance, repair or safety of any such Condominium Building or any part of such a Condominium Building, including any other Individual Space in such Condominium Building; and (f) All utility, service and maintenance rooms, ersce, fixtures, apparatus, installation and facilities for power, light, gas, telephone, television, hot water, cold water, heating, refrigeration, air conditioning, incineration, or similar utility service for maintenance purposes, including furnaces, tanks, pumps, motors, fans, compressors, vents, ducts, flues, wires, pipes, conduits, sewer and water treatment facilities, water storage facilities and other similar fixtures, apparatus, installations and facilities located on or in any part of or serving any Condominium Parcel, or on any real property leased to the Association and used in connection with such fixtures, apparatus, installation and facilities and all easements and appurtenances thereto; and all buildins, rooms or premises fcr lodging or housing of managers, custodians or persons in charge of or employed to handle, supervise, operate or maintain the Project; provided, however, that such utility fixtures, apparatus, installations or facilities which ere located within an Individual Space and exiot solely to serve the Individual Space within which they are located (e.g. cutlets providing electricity to such Individual :.ace) shall not be deemed :_ be Common Elements; provided, —3— vim 673 'cl593 however, that water and sever fixtures and pipes at the point of tap from the Individual Space to the common fixtures and pipes shall be deemed Ccmmon Elements. 2.9 Common Exrenses. "Common Expenses" shall mean and include expenses of administration, operation and management, maintenance, repair or replacement of the Common Elements, and of portions of any Individual Space or Lot or Condominium Unit or Detached Housing Unit to be maintained by the Association, if any; expenses declared to be Common Expenses by the provisions of this Declaration or the By-laws of the Association; all sums lawfully assessed against the General Common Elements by the Board of Directors of the Association; any charge against the owners as a whole; and all expenses agreed to be Common Expenses by the Association. 2.10 Common Recreation Reserve. "Common Recreation Reserve" shall mean the real property, more particularly described is Exhibit "C" attached hereto, which is subject tc the Amended Declaration of Easements end Protective Covenants for the Common Recreation Reserve recorded in Pcck 502 at Pae 134 of the Garfield County, Colorado records or as amended from time to time. The Common Recreation Reserve is intended to be, and the provisions of this Declaration establish it as, a part of the Project and more particularly a part of the General Common Elements thereof. 2.11 Condominium Buildine. "Condominium Building" ehall mean one cf the buildings shown on the Condominium Map(s) or Plat(s), and constructed upon a Condominium Parcel in which Condominium Units are located. 2.12 Condominium Map or Plat. "Condominium Map or Piet" shall mean the map or maps and plat or plats, as they may be amended fres time to time in accordance with the provisions of this Declaration, filed with respect to any Condominium Parcel pursuant to the provisions of the Condominium Act and this Declaration including the engineering survey of the land locating thereon and depicting the improvements, the floor and elevation plans and any other drawing or diagramatic plan depicting a part of or all of the land and improvements thereon, including any amended or supplemental Condominium Map(s) or Plat(s), if eny, 2.13 Condominium Parcel. "Condominium Parcel" shall mean any parcel of real property which has been designated a Condominium Parcel in this Declaration cr in a recorded supplementary Declaration and executed by the Owner thereof and approved by the Association and which is to be developed by construction of a Condominium Building or Buildings containing Individual Spaces to be owned with an appurtenant undivided interest, right and easement in the Common Elements in condominium ownership pursuant to the Condominium Ownership Act and this Declaration. 2.14 Condominium Parcel No. 1. "Condominium Parcel No. 1" shall mean that portion of the Ranch described in Exhibit "D" attached hereto. 2.15 Condominium Parcel No. 2. "Condominium Parcel No. 2" shall mean that portion of the Ranch described in Exhibit "E" attached hereto. 2.16 Condominium Unit. "Condominium Unit" shall mean an Individual Space as defined herein together with an undivided irterest, right and easement in and to appurtenant Limited Common Elements, tcgether with the Common Elements of the Condominium Parcel on which the Individual Space is located and an undivided interest, right and easement in the Common Elements and Common Recreation Reserve; which Individual Space and the appurtenant undivided interests, rights, and easements in the Common Elements shall together compromise one Ccndominiun Unit, shall be inseparable er.d may be conveyed, leased, devised, cr encumbered only as Condominium Unit. 2.17 Declaration. "Peclaraticn" shall mean this instrument entitled Second Amended Lecieration of Covenants, Conditions, Limitations, Restrictions, Reservations, Liens and Charges for Ranch at Roaring Fcrk as the same may be amended from time to time. 2.18 Detached Housing, Parcel. "Detached Housing Parcel" shall mean any parcel of real ;reperty which has been designated as a Detached Housing Parcel in a recorded Supplementary Declaration executed by :he owner thereof and approved by the Association and which is to be subdivded into lots cr similar carceia u,..cn each cf which say be built a single family -4- ton 673 p.cf.59i1 residence and with the Lot and any improvements thereon, together with an appurtenant undivided interest in Common Elements, to be individually owned. 2.19 Detached Iiousine Unit. "Detached Housing Unit" shall mean an estate in real property consisting of a separate interest in a Lot and any improvements thereon, together with an undivided interest in appurtenant Limited Common Elements, if any, together with the Common Elements of the Detached Housing Parcel on which the Lot is located and an undivided interest in the Common Recreation Reserve, which undivided interests, rights and easement shall at all times be appurtenant to title to the Lat. 2.20 Garfield County Records. "Garfield County Records" shall mean the real property records in the office of the Clerk end Recorder cf Garfield County, Colorado. 2.21 General Common Elements. "General Common Elements" shall mean the Common Elements other than the Limited Common Elements. 2.22 Guest. "Guest" shall mean any customer, agent, employee, tenant, guest, or invitee of an Owner including family members not regular members of the household; and any person who has acquired any title or interest in a Unit by, through or under an Owner, including a contract purchaser, lessee, licensee and any customer, agent, employee, tenant, guest or invitee of such person. 2.23 Homestead Parcel. "Homestead Parcel" shall mean the parcel described in the Declaration of Protective Covenants for Reserved Parcel recorded in Book 449 at Page 353 of Garfield County Records. The Homestead Parcel is within the Ranch but is not formally part of the Project and has no appurtenant undivided interest in the Common Recreation Reserve or in any Common Elements within the Project. 2.24 Improvement. "Improvements" shall mean all structures and appurtenances thereto of every type and kind, including hut not limited to buildings, outbuildings, garages, carports, reads, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, landscaping hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, exterior air conditioning and water softener fixtures or equipment, and apparatus, installations and facilities for power, light, gas, telephone, television, water and sewer, or similar utility services. 2.25 Individual Space. "Individual Space" shall mean the elements of a Condominium Unit which are not owned in common with the other Owners. The boundaries of an Individual Space are the undecorated interior surfaces of the lowermost floor, the uppermost ceiling and the perimeter walls thereof and, where found along such walls, the interior surface of any built-in fireplace, door or window (when closed). An Individual Space includes both the portions of the Condominium Building so described and the airspace encompassed thereby; except that, any Common Elements which may be within an Individual Space shall not be a part of such Individual Space. 2.26 Limited Commcn Elements. "Limited Common Elements" shall mean those Common Elements designated herein as either limited to or reserved for the exclusive use of an owner or limited to and reserved for the common use for more then one but fewer than all of the owners. With respect to any Condominium Parcel, the Limited Common Elements include decks, balconies, patios, courts, terraces and enclosed yards which adjoin and are directly accessible from an Individual Space, and covered and uncovered automobile parking spaces, storage areas, lockers, entrance -ways designated for separate use and assigned to an Owner in accordance with this Declaration. 2.27 Lot. "Lot" shall mean any lot, tract or parcel shown on a subdivision plat of a Detached Housing Parcel and intended for development by construction of a single family residence thereon. 2.28 Man or Plat. "Map" or "Plat" shall menn the map or maps and plat or plats, as hey may be amended from time to time for the Project in accordance with the provisions of this Declaration, and including any amended or supplemental Map(s) or Plat(s), :f any. 2.29 Member. Member" shall mean and refer to every person w:o holds a membership in -,the Associa ion In accordance herewith. vox 673 i. t:x.595 2.30 Mortgage. "Mortgage" shall mean any mortgage or deed of trust or other such conveyance to secure the performance of an cbligation, which will be void and whereunder the encumbered property will be reconveyed upon the completion of such performance. "First Mortgage" or "First Lien Deed of Trust" shall mean a mortgage or deed of trust which is prior, as a matter of Colorado law, to all similar security interests with respect to a Unit, or to the Real Property, or any portion thereof, encumbered by such Mortgage,. 2.31 Mortgagee. "Mortgagee" shall mean any person who is a mortgagee or beneficiary under a First Mortgage encumbering a Unit, the Real Property or a portion thereof. 2.32 Owner. "Owner" shall mean the person, firm, corporation, partnership, association or other legal entity, are the record Owner or Owners of fee simple title to a cUnitnorlanParcelof zonwho ed and platted for a certain and specific number of units or own that estate or interest with respect to a Unit or Parcel most nearly equivalent to fee simple title. The term shall not include the Owner of any lesser estate or interest such as a leasehold estate or the like and likewise excludes mortgagees and contract Owners. 2.33 Project. "Project" shall mean the Common Recreation Reserve, Condominium Parcels No. 1 and No, 2, and any Condominium Parcel or Detached Housing Parcel made subject to this Declaration, together with any improvements thereon. The Homestead and the Commercial Parcels, even though within the boundaries of the Ranch, shall not be deemed a part of the Project. 2.34 Property To Be Annexed. "Property To Be Annexed" shall mean any portion of the Ranch which is shown on the Master Plan for the Ranch, as it may be amended from time to time, to be improved as a Condominium Parcel or Detached Housing Parcel but for which no Supplementary Declaration has been filed for Record. 2.35 Ranch. "Ranch" shall mean the approximately 464 acrea of real property in Garfield County, Colorado, described on Exhibit "A" attached hereto, portions of which are or may become part of the Project governed by this Declaration. Property l the Ranch subjected toathis Declaration a hereby and" tany Annexed Realshall meanLPportion roperty.of 2.37 Record. "Record", "Recorded", and "?ecordation" shall mean, with respect tc any document, the recordation of such document in the real property records in the office of the County Clerk and Recorder for Garfield County, Colorado, 2,36 Sale. "Sale" or "Sold" shall mean the act of Recording the deed or other such instrument of transfer conveying an Unit in the Project. 2.39 Surolementary Declaration. "Supplementary Declaration" shall Crean any declaration of protective covenants, conditions and restriction which may be Recorded by Declarant(a) pursuant to Article V of this Declaration. 2.40 Unit. "Unit" shall mean and include both a Condominium Unit and a Detached r{ sing Unit. 2.41 Water and Sewer Facilities. "Water and Sewer Facilities" shall mean all water rights and all facilities and easementa in, on and through any part of the Ranch which cornpriso or are part of the systema for providing water or sewer service to any Condominium Parcel, Detached Housing Parcel or the Common Recreation Deserve. 2.42 Certain Pronouns. "Certain Prc herein, unless the Centex: ohall provide otherwise, nouns whenever used include the plural, ,he lural the sin ular, and the tneee s of vanear genderner shall p a mean and will include all genders, shall -6- toox 673 iitE596 ARTICLE III Establishment of Form of Ownership 3.1 Recordation of Declaration. Declarant has caused this Declaration to be recorded. Declarant hereby certifies, agrees and declares that Condominium Parcels No. 1 and No. 2, the Detached Housing Parcels and the Common Recreation Reserve are intended to be, and hereby are, made subject to this Declaration for the period of this Declaration and any extensions hereof. 3.2 Recordation of the Project Map or Plat, and the Condominium Map or Plat. Pursuant to the Condominium Act and the original Declaration, Declarant has caused a Map or Plat and a Condominium Map or Fiat for Condominium Parcel No. 1 to be prepared which consists of (i) A survey map depicting the surveyed boundaries of the surface of the land included in the Project, as presently constituted, and (ii) diagrammatic floor plans and elevations of the Condominium Buildings built within Condominium Parcel No. 1 thereon in sufficient detail to locate and depict each Condominium Building and each Individual Space, the relative locations and dimensions in showing their legal description. Declarant has caused such Maps or Plats to be recorded in the Garfield County, Colorado Books and Records substantially concurrent with the recordation of the original Declaration. Declarant shall file and record in the Garfield County, Colorado Books and Records concurrently herewith a supplemental and amended Map or Plat showing the legal description of the surveyed boundaries of the surface of the land included in the project, as presently constituted; together with a supplemental or amended Condominium Map or Plat showing the location of the Condominium Buildings and improvements upon Condominium Parcel Mo. 1; the elevation pians, the location of the Condominium units within the Condominium Buildings, both horizontally and vertically the structural and supporting walls and the common walls between or separating the Condominium Units, the locations of any structural components for supporting elements of the Condominium Buildings located within a Condominium Unit and the Condominium Unit designations and the Condominium Buildings symbol. In addition to the supplemental or amended Condominium Map or Plat as above -provided, the Condominium Map or Plat and any supplements thereto may also be supplemented by filing charts or schedules depicting horizontal and vertical dimensions. There shall be filed for record as a part of the Condominium Map or Plat a certificate of registered professional engineering or licensed architect or surveyor, or both, certifying that the Condominium Map or Plat substantially depicts the location and the horizontal and vertical measurements of the completed Condominium Buildings and Condominium Units, and the Condominium Unit Designations and Condominium Building Designations, and that such Condominium Map or Plat was prepared subsequent to the completion thereof. Each supplement shall set forth a like certificate when appropriate. Declarant reserves the right to further amend a previously recorded Map or Plat frcm time to time in order to conform such map or plat to the actual location cf any of the structured improvements or to conform such map plat to all appropriate zoning and subdivision regulations of Garfield County, or the State of Colorado, or any other governmental authority. In interpreting the Condominium Map or Plat, the existing physical boundaries of each separate Condominium Unit and each Condominium Building as constructed shall be conclusively presumed to be its boundaries. Declarant reserve the right to file supplements to the Condominium Map or Plat, or any section or part thereof, from time tc time. A Supplemental Condominium Map or Plat for Condominium Parcel Mo. 2 consisting of and showing the same elements as, and certified in the same manner as the Condominium Maps or Plats for Condominium Parcel No. 1 shall be filed for record following issuance of an appropriate enabling resolution by the Board of County Commissioners of Garfield County, Colorado. Pursuant to the original Declaration, Declarant has caused a Project Map or Plat to be prepared which consists of (i) a survey map depicting the surveyed boundaries of the surface of the land included in the Project, as presently constituted, and (ii) depicting the boundaries of all classified properties with the Ranch, including Condominium Parcels No. 1 and 2, the Detached Housing Parcels, the Common Recreation Reserve, and the Commercial and Homestead Parcels. The Project Map or Plat shall be certified in the same manner as the Maps or Plets set forth above in accordance with the Subdivision Regulations of Garfield County, Colorado. Declarant reserves the right to amend or supplement the Project Map or Plat in the same manner and -7- r r 1 1 1 t 1 t 1 t 1 1 t bnox 6'73 e:c 5 37 for the same purposes as it may amend the Maps or Plats set forth above and, in interpreting the Project Map or Plat, the similar presumptions shall apply. 3.3 Description of Units for Purposes of Conveyance; Presumptions. Any contract, deed, lease, mortgage, deed of trust, Will or any other instrument may legally describe a Condominium Unit by its identifying Unit designation identifying the Individual Space number and letter or letters as shown and with further reference to the Condominium Map and Declaration filed for record. A legal description of a Condominium Unit in the project may be in the following form: Condominium Unit , Ranch et Roaring Fork Condominiums, Garfield County, Colorado. Any contract, deed, lease, mortgage, deed of trust, Will or any other instrument may legally describe a Detached Housing Unit by its identifying lot number for the Unit and Detached Housing Parcel designation shown on the recorded subdivision plat or map for the Detached Housing Parcel upon which the lot is located in this declaration. A legal description of a Detached Housing Unit in the project may be in the following form: Lot , Ranch at Roaring Fork, Filing No. , rarfield County, Colcrado Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise effect not only the Unit but also the interest, right or easement, if any, in the General Common Elements and the Limited Common Elements appurtenant thereto. Each such description shall be construed to include a perpetual, non-exclusive easement for ingress and egress to and from and Owner's Unit on, over and across any private street and the exclusive use of the Limited Common Elements appurtenant thereto. Likewise, each such description shall be construed to include the entire Unit including all obligations, liens, and charges, covenants, conditions, restrictions and reservations appurtenant thereto. Unless otherwise expressly stated in any instrument affecting title to a Unit, any transfer or conveyance of an Individual Space or lot shall be presumed to transfer or convey the entire Unit. 3.4 Inseverability of the Units. Each Unit, the appurtenant undivided interest, right, and easement in the General Common elements and the appurtenant Limited Common Elements shall together comprise one Condominium Unit or Detached Housing Unit as the case may be, shall be inseparable and may be conveyed, leased, devised, or encumbered only as one Unit. Any violation or attempted violation of this provision shall be void and of no effect. Nothing contained herein shall be construed to preclude the creation of a co -tenancy in the ownership of a Unit. 3.5 Separate Assessment and Taxation of Units - Notice to Assessor. Declarant has previously given written notice to the Assessor of Garfield County, Colorado, of the creation of Condominium real property ownership interests in Condominium Parcel No, 1 and has filed similar notices with respect to each Detached Housing Parcel annexed to the project, as provided by law, so that each Unit and the undivided interest, right and easement in the Common Elements appurtenent thereto shall be considered a parcel of real property and subject to separate assessment and taxation. The valuation of the Common Elements shall be assessed proportionately upon the Individual Spaces or Lots on the following basis: (a) Common Elements Within a Condominium or Detached Housing Parcel - Any Common Elements within any Condominium Parcel or any Detached Housing Parcel shall be assessed to the Owners of the Individual Spaces or Lots located on such Parcel in proportion to the undivided interests therein appurtenant to such Individual Space or Lot as determined herein; (b) Other Common Elements - The Common Recreation Reserve end the improvements thereon and all other Common Elements not within the Condominium Parcel or a Detached Housing Parcel shall be assessed to the Owners of Individual Spaces and hots to which an undivided interest, right, or easement to such Common Elements is appurtenant in proportion to the undivided interests therein appurtenant to such Individual Space or Lot as determined herein. Any remaining interests, after making such assessment to the Owners -A- took fila i c 595 of such Individual Spaces and Lots shall be assessed to the Association and paid by the Association pursuant to the provision hereof. To the extent required or permitted by law, any lien for taxes assessed to any Unit Owner or to the Association in accordance with the provisions of this Section shall be confined to such Owner's Unit. No forfeiture or sale of any Unit or of the interest of the Association for delinquent taxes, assessments, or charges shall divert or in any way affect the title of other Units in the project. 3.6 Form of Ownership - Title. A Unit may be held and owned in any real property tenancy relationship recognized under the laws of the State of Colorado. 3.7 Termination of Mechanic's Lien Rights and Indemnification. No labor performed or materials or services furnished and incorporated in a Unit with the consent or at the request of the Unit Owner or his agent or his contractor or subcontractor shall be the basis for the filing of lien against the Unit of any other Owner not expressly consenting to or requesting the same. Each Owner shall indemnify and hold harmless each of the other Owners, the Association and the Declarant from and against all liability arising from the claim of any lien against the Unit of any other Owner for construction performed or for labor, materials, services or other products incorporated in the Owner's Unit at such Owner's request. At the written request of any non -consenting Owner, the Association shall enforce such indemnity by collecting from the Owner of the Unit on which the labor was performed and materials furnished the amount necessary to discharge any such mechanic's lien, and all costs, incidental thereto, including attorney's fees. If not promptly paid, the Association may collect the same in the manner provided herein for collection of assessments for the purpose of discharging such lien. The provisions herein are subject to the rights of the Board of Directors cf the Aesociatien for labor performed or materials or services furnished for the Common Elements duly authorized by the Association. The express consent of en Owner of any Unit for the furnishing of labor, materials or services with respect to the Unit shall be deemed to have been given in the case of emergency repairs thereto. ARTICLE IV Description of the Project 4.1 Real Property. The real property which is, and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Garfield County, Colorado, and is more particularly described as follows: (a) Condominium Parcel No. 1 - That portion of the real property described in Final Plat for Phase 1, Roaring Fork Ranch as recorded in Book 3, Page 92 in the Office of the Clerk and Recorder of Garfield County, Colorado, more particularly described in Exhibit "D" attached hereto; (b) Condominium Parcel No. 2 - That portion of the real property described in the Supplemental Declaration of Covenants, Conditions, Limitations, Restrictions, Reservations, Liens and Charges for Ranch at Roaring Fork as recorded in Book 547 at Page 938 on May 2, 1980, in the Garfield County, Colorado Books and Records, more particularly described in Exhibit "E" attached hereto; (c) Common Recreation Reserve - The Common Recreation Reserve is made up of the real property more particularly described in Exhibit "C" attached hereto and consists of: A portion of the real property described in Final Plat for Phase I, Roaring Fork Ranch as recorded in Book 3, Pages 92, inclusive, in the Office of the Clerk and Recorder of Garfield County, Colorado; and (ii) The real property described in Final Plat for Phase III Roaring Fork Ranch as recorded in Book 3, Pages 106, inclusive, in the Office of the Clerk and recorder of Garfield County, Colorado. -9- b.' "r 673 Fitt599 4.2 Improvements. Condominium Parcel No. 1 cantaina 60 Individual Spaces. The Common Recreation Reserve contains two tennis courts, a nine -hole "executive" golf course, a series of connecting lakes and streams, riding trails and related recreational amenities. Additional recreation oriented improvements may be Bade to the Common Recreation Reserve at Declarant's ar the Association's option. The purpose of this Section is to set forth a general description of the improvements on the Real Property and is included herein for informational purposes. ARTICLE V Annexation 5.1 Right of Annexation. Additional real property may be annexed into the Project and subjected to this Declaration es hereinafter net forth. (a) Additions Within the Ranch - If an Owner intends to develop ar cause to be developed additional real property within the Ranch, such Owner shall have the right to annex such real property into the Project and bring such real property within the provisions of the Declaration only upon the approval of the Association as set forth in subparagraph (b) hereof, with the exception that any Lot on which, as of April 1, 1980, there existed an occupied dwelling and for which all assessments levied, as of April 1, 1980, and thereafter, by the Association have been paid, shell be automatically entitled to approval for annexation. Except as to such Lots or Parcels entitled to automatic approval for annexation, the Association can impose conditions, including a charge or fee, for annexation. (b) Other Additions - Additional real property may be annexed into the Project and brought within the provisions of this Declaration upon the approval by vote or written consent of Members entitled to exercise not less than two-thirds (2/3rds) of the voting power of the Membership. (c) Limit on Number of Units - In no event may the number of Units in the Project as now constituted exceed 192. 5.2 Method of Annexation. Annexation shall be made by the filing for Record of a Supplementary Declaration, with respect to the real property to be annexed. The Supplementary Declaration shall contain the following provisions; (a) A reference to this Declaration, which reference shall state the date of recordation hereof and the book ar books of the records of the Clerk and Recorder of Garfield County and the page numbers where this Declaration is recorded; (b) A statement that such property has been classified as a Condominium Parcel, a Detached Housing Parcel or as Common Recreation Reserve; (c) A statement that the provisions of this Declaration shall apply to such property; (d) An exact description of such property and a sequential designation of ouch property such as Parcel No. (e) In the event that the Annexed Real Property ar a portion thereof, is a Condominium Parcel, a reference to a Condominium Map which shall be Recorded substantially concurrently therewith; (f) In the event that the Annexed Real Property, or a portion thereof, is a Condominium or Detached Housing Parcel, a statement specifying (i) the undivided interest, right or easement in such Parcel, which will be appurtenant to each Individual Space or Lot established in such Parcel and that Owners of Individual Spaces or Lots located in other Parcels in the Project will have no fee interest in such Parcel, and (ii) the undivided interest, right or easement in the Common Recreation Reserve which will be appurtenant to each Individual Space or Lot established in such Parcel. Said undivided interests, rights or easements are also the factors which determine the proportionate share of real property and other such tax assessments that -10- EliOK 673 p. Oo shall be allocated to each Individual Space or Lot, the proportionate share of the Assessments that will be charged to each Individual Space or Lot and the number of votes attributable to each Individual Space or Lot in the Association; (g} Such other provisions as may be appropriate, including any supplementary additions and modifications of the covenants, conditions and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of such real property being added to the Project and as are not inconsistent with the scheme of this Declaration. 5.3 Merger or Consolidation. Upon a merger or consolidation of the Association with another association as provided by law, any real property owned by the Association and the rights and obligations of the Association may be transferred to the surviving or consolidated association, or another association may be added to any real property, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants, conditions and restrictions established by this Declaration within the Project, together with the covenants, conditions and restrictions established upon any other property, as one general plan and scheme. ARTICLE VI Easements, Restrictive Covenants and Reservations 6.1 Use of General Common Elements. All of the Owners of Units in the Project shall have a non-exclusive right in common with all of the other Owners to the use of sidewalks, pathways, roads, areas provided for community recreation, Common Recreation Reserve, utilities, green areas and streets located within the Project, and each such Owner may make such use without hindering or encroaching upon the lawful rights of the other Owners. 6.2 Hon-Partitionability of Common Elements. The Common Elements shall be owned in common by the Association and/or all of the Owners of the Units and shall remain undivided and no Owner shall bring any action far a partition or a division thereof. However, nothing contained herein shall be deemed to prevent partition of a co -tenancy in any Unit. 6.3 Use of General and Limited Common Elements. Each Owner shall be entitled to the exclusive ownership and possession of his Unit. Each Owner may use the General and Limited Elements in accordance with the purpose for which they are intended without interferring or encroaching upon the lawful rights of the other Owners. 6.4 Easement for Encroachments. If any of the General or Limited Common Elements encroaches upon any Individual Space or Lot, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, whereas the same may be reconstructed to the provisions of this Declaration ehall and does exist. If any portion of a Unit encroaches upon the General or Limited Common Elements or upon an adjoining Unit, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall and does exist. Such encroachments and easements shall not be considered or determined to be encumbrances either upon the General Common Elements or Units, 6.5 Use and Occupancy. Each Unit may be used and occupied for residential and/or lease or rental purposes by the Owner, by the Owner's family, guests, invitees and tenants, subject however to the provisions contained in this Declaration. Declarant, the Association and their employees, representatives, agents, and contractors may maintain a business office, construction or storage facilities and yard, and may continue to maintain and operate the existing pre -shop serving the golf course and tennis court facilities, and such other facilities deemed to be required by the Association, 6.6 Access for Maintenance, Repair and Emergencies. The Owners shall have the irrevocable right, to be exercised by the Board of Directors of the Association, to have access to each Unit from time to time during reasonable hours as may be neceoeary for the maintenance, repair or replacement of any of the General Common Elements therein or accessible -11- to 673 Ptc;GO1 therefrom or for making emergency repairs therein necessary to prevent damage to the General or Limited Common Elements or to another Unit at any time. Furthermore, the Owners shall have the irrevocable right to be exercised by the Board of Directors of the Association, to have access to each Unit from time to time during reasonable hours as may be necessary to shut off and to discontinue water service to any unit delinquent in payment of regular monthly assessments. Damage to the interior or any part of a Unit resulting from such maintenance, repair, emergency repair or replacement of any of the General Common Elements or as a result of such emergency repairs within another Unit, shall be a common expense of all of the Owners; provided, however, that if any such damage is caused by the negligence or tortious act of a Unit Owner, members of his family, his agent, employees, invitees, licensees, or tenants, then such Unit Owner shell be responsible and liable for ell of such damage. All damaged improvements shall be restored substantially to the same condition in which they existed prior to the damage. All maintenance, repairs and replacements of the General Common Elements whether located inside or outside of the Units (unless necessitated by the negligence, misuse, or tortious act of a Unit Owner, in which case such expense shall be charged to such Unit Owner), shall be the Common Expense of all the Owners. 6.7 Easements and Rights of the Association. The rights and easements of enjoyment created hereinabove shall be subject to the following provisions; (a) The right of the Association to limit the number of Guests; (b) The right of the Association to establish uniform rules and regulations pertaining to the use of the Common Elements and the recreational facilities thereon, as hereinafter set forth; (c) The right of the Association to charge non-members reasonable admission and other fees for the use of any recreational facility situated upon the Common elements; (d) The right of the Association to take such steps as are reasonably necessary to protect and maintain (as herein provided) the Project; (e) The right of the Association, as provided in the By -Laws, to suspend the enjoyment rights of any Member, or his Guests, for any period during which any Assessment remains unpaid, and for periods not to exceed thirty (30) days for any infraction of its published rules and regulations; (f) The right of the Association to dedicate or transfer all or any part of the General Common Elements or to grant easements, licenses or the like to any public agency, authority or utility or to grant licenses to any private homeowner association or any private club (on a membership fee basis), whether incorporated or unincorporated, for such purposes and subject to such conditions as may be agreed to by the Members; provided that, no such dedication, transfer, grant of easement or license or the like shall be effective unless approved by a vote or written consent of twc-thirds (2/3rds) of the voting power of the Membership of the Association and by unanim us approval of all Mortgagees holding any recorded first lien mortgage or first lien deed of trust covering or affecting all Units. (g) The Association shall have a non-exclusive right and easement to make such use of the General Common Elements, Limited Common Elements, Individual Spaces and Lots as may be necessary or appropriate fc•r the performance of its duties and functions which it is obligated or permitted to perform under this Declaration; and (h) The Association shall have an easement, which may be exercised by the Association for the benefit of any Owner in the Project or in furtherance of the performance of the duties and powers which it is obligated or permitted tc perform hereunder, for access through each Individual_ Space and Lot and to all Common Elements during such reasonable hours as may be necessary for the maintenance, repair or replacement of any of the Comeen Elements located therein or accessible therefrom or for making erleeeency repairs therein necessary to prevent damage to the Common Elements or fcr access to water taps for the purpose of discontinuance of service cr to another Individual Space or Lot as set forth in Section 6..6 above. -12- to 673 rxcE602 6.8 Easements and Other_Rights and Reservations of Declarant. (a) The previous Declarant, in subjecting the Project to the original Declaration and Amended Declaration, had previously reserved the following easements in, across, over and to the General Common Elements for itself, its guests, its succesaors and assigns, for the purposes set forth hereinbelow and such easements are reaffirmed to be appurtenant to pass with title to the Ranch including but not limited to those portions of the Ranch known as the Homestead Parcel, which is more particularly described in the Declaration of Easements and Protective Covenants for Reserved Parcel hereinabove referred to, and the Commercial Parcel. (1) k non-exclusive easement for access in, over and across said General Common Elements and to the Commercial Parcel, the Homestead Parcel and the public roads end streets; (2) A non-exclusive easement of use and enjoyment in and to the General Common Elements equivalent to the rights of use and enjoyment thereof given herein to the Owners; and (3) A non-exclusive easement for utility service, installation, repair and maintenance of utilities, including water, gas, electricity and the like, storm, sanitary and drainage sewers, telephone and telephone lines, pipes and conduits and for access to all meters and connections relating to said installations. (b) Declarant, in subjecting the Project to the original Declaration and Amended Declaration, has previously reserved certain easements and rights therein for the purposes of constructing improvements upon Parcels and for purposes of constructing improvements on the Common Recreation Reserve. Except as expressly reaffirmed in this paragraph, all such easements and rights previously reserved for the purposes of constructing buildings or improvements on the real property or the Common Recreation Reserve, are hereby expressly revoked, and shall be null and void and of no effect. An easement and right in and to the Common Recreation Reserve and General Common Elements for the purpose of constructing such improvements thereon as the Board of Directors of the Association may deem advisable in its sole and absolute discretion for the purpose of improvements, maintenance, repair, emergency repair or replacement of any of the General Common Elements or the Common Recreation Reserve is hereby expressly reaffirmed. 6.9 Restrictive Covenants. (a) Single Family Residence - Each Unit shall be occupied only by a single Owner as defined herein and members thereof, its servants, licensees, invitees, tenants and guests and only as a residence and for no other purpose. (b) Nuisances - No nuisances or noxious or offensive activities (including, but not limited to, the outdoor repair of automobiles) shall be carried on within the Project. A vehicle which is not in operating condition shall not be parked or left on any street or on the property subject to this Declaration other than inside a garage or a storage compound to be designated and maintained by the Association. Garages shall be used for parking vehicles and storage purposes only end shall be not converted for living or recreational activities. Garage doors shall remain closed at all times except when vehicles are entering or exiting the garage. No shed, tent or temporary building shall be erected, maintained or used on any property within the Project; provided, however, that temporary buildings for use and used only for purposes incidental to the initial construction of improvements and buildings on any portion of the Project may be constructed and maintained provided that such temporary building shall be promptly removed upon the completion of such construction work es provided herein. No boat, truck, trailer, camper or recreational vehicle shall be used as a living area located cn the property subject to this Declaration; provided, however, trailers for use incidental to the initial construction of -13- BOOK 673 Fit -F.603 the improvements on such property may be maintained thereon, but shall be promptly removed upon completion of construction. No nuisances shall be allowed within the Project nor any practice which is the source of annoyance to residents or which interferes with the peaceful enjoyment or possession and proper use of the Project by its residents and Owners. (c) Immoral, Improper or Offensive Use - No immoral, improper, offensive or unlawful use shall be permitted or made of the property within the Project or any part thereof. All valid laws, ordinances, and regulations of all governmental authorities having jurisdiction shall be observed. id) animals - No animals, livestock, or poultry of any kind shall be raised, bred or kept within any Individual Space or Lot except that domestic dogs, cats, or other household pets may be kept if permitted by and subject to the rules and regulations from time to time adopted and amended by the Association. Domestic dogs, cats or other household pets shall not be kept, bred or raised within Individual Spaces or Lots for commercial purposes or in unreasonable quantities. As used in this Declaration, 'unreasonable quantities` shall be presumed to limit the number of dogs, cats and birds to two (2) each. The Association shall have the right to regulate or prohibit maintenance of animals which constitute, in the opinion of the Board of Directors of the Association, a nuisance to any other Owner. Dogs shall be kept on a leash at all times when they are outside an Individual Space or Lot. (e) Utility Lines - As appropriate, all utilities, services and lines shall be placed underground and the Association shall have the right and power to grant easements therefor and regulate the same, subject to the General Reservations contained in this Declaration and subject to the rules and regulations of the Association. if) Antennae - No radio, television or other type of antennae nor air conditioning units or machines nor any type or kind of wiring or fixtures shall be installed or permitted that are not located wholly within a Condominium Unit or a Detached Housing Unit or approved in accordance with the architectural rules and regulations of the Association. (g) Campers and Other Vehicles - No campers, running gear, boats, trucks, trailers, snowmobiles or other such vehicular machines shall be permitted, placed or allowed to be parked or maintained on any street, driveway or other property within the Project except wholly within an enclosed garage area or a storage compound designated and maintained by the Association. (h) Signs - Except for signs advertising a property for sale and colored black and white having a maximum face area of three square feet or other appropriate realtors' signs, no advertising sign or other advertising device of any character shall be erected, maintained or displayed upon any portion of the project; provided, however, that the Association may erect and maintain such signs and advertising devices or structures as it may deem necessary or proper in connection with the Project. The Association may remove and destroy all unauthorized signs. This provision shall not be deemed to prevent or restrict in any way the erection of street signs, exits signs, address signs or the like. (i) Landscaping - Except in areas defined as a Limited Common Element or within the confines of any lot, no planting or gardening shall be permitted. The Board of Directors may establish an architectural committee in accordance with Article XIV herein and adopt architectural and landscaping controls permitting an Owner to install fences, hedges, trees, walls, and other structures within a Limited Common Element or Lot provided such controls are uniform and non-discriminatory. ij) Alterations and Additions - No structural alterations to the interior of any Individual Space shall be made, and no plumbing or electrical alterations within any bearing wall of any Condominium Building shall be made by any Unit Owner without the prior written consent and approval of the Association. -14- tab( 673 rcEGOl No new construction of and exterior additions, alterations or decorating to any residences, Condominium Buildings or improvements, nor change, addition or removal in fences, hedges, trees, walls or other structures shall be commenced, erected or maintained until the plans and specifications showing the nature, kind, shape, heighth, materials, locations and approximate coat of the same have been submitted to and approved in writing by the Association's architectural committee in accordance with Article XIV hereof and the Association's rules and regulations, provided that such rules and regulations are uniform and non-discriminatory. (k) Trash, Privies and Clothes -lines - All trash, rubbish, and garbage shall be regularly removed from each Unit and from the Project and shall not be allowed to accumulate either within a Unit or upon the Project. All trash, rubbish, garbage or other waste shall be kept in sanitary containers maintained in a clean and sanitary condition and stored inside, but which may be set out for a reasonable period of time before and after scheduled trash pickup times. No Owner shall cause or permit or cause any trash, rubbish, garbage or other waste or refuse to be disposed of on any portion of the Project. No privy shall be erected, maintained, or used upon any portion of the Project, but a temporary privy may be permitted in accordance with appropriate state health regulations during the course of construction of any improvements within the project. No clothes -lines shall be permitted within the Project. (1) Activities Affecting Insurance - No owner, except as provided herein with respect to the construction of the Project, shall permit or suffer anything to be done or kept on his individual space or lot which will increase the rate of insurance carried by the Association or which will obstruct or interfere with the rights of other Owners. Each Owner shall comply with all of the requirements of the local or state board of health and with all other governmental authorities with respect to the occupancy and use of his Individual Space or Lot. (n) Maintenance of Individual Spaces and Lots - Each Owner cf a Unit shall maintain his Individual Space or Lot in good repair, appearance and sanitary condition. The Owner shall have the exclusive right to paint and paper and otherwise decorate the interiors of his individual space according to his own tastes so long as no alteration of any permanent installation or structure within said individual apace shall be involved. For the purposes of this paragraph, an Owner shall be deemed to own the interior non -supporting walla and interior non -supporting floors and ceilings of any Individual Space, the materials (such as, but not limited to, plaster, chips and drywall, panelling, wallpaper, paint, wall and floor tile, and flooring, but not including subflooring) making up the finished surfaces of the perimeter and supporting walls, ceilings and floors in an Individual Space and the doors and windows in the Limited Common Elements appurtenant to the same. The Owner shall not be deemed to own lines, pipes, wires, conduits or systems (which for brevity are hereafter referred to as utilities) running through his Individual Space which serve one or mare other Individual Spaces or at the point of tap except as a tenant in common with the other Owners. Such utilities shall not be disturbed or relocated by an Owner without prior written consent and approval of the Board of Directors of the Association. Such right to repair, alter and remodel shell carry the obligation to replace any finishing or other materials with similar or other types or kinds of materials of at least the same quality. An Owner shall maintain and keep and repair the interior of this cwn Individual Space, including the fixtures and personal property therein. All fixtures and equipment installed within the Individual Space and all utilities within the Individual Space commencing at a point of tap where the utilities enter the Individual Space and which do not serve the Individual Space, shall be maintained and kept in repair by the Owner thereof. An Owner shall do no act nor any work that will impair the structural soundness or integrity of the Condominium Building cr impair any easement or hereditament. An Caner shell always keep the Limited Common Elements appurtenant to his Individual Space cr Lot in a clean and sanitary condition, and that Owner shell not niter the "an built" condition of the Limited Common Elements without the prior written consent and apr=oval of the Association or its arc _tectural committee. -1,- tool. 6'73 r:CE6O5 (n) Damages; Liability - Each Owner shall be liable for any damage to the Common Elemenis, including those located within or surrounding his Individual Space or Lot, or to any of the equipment or improvements which may be sustained by the reason of the negligence or wilfull misconduct of said Owner or his family members, relatives, invitees, licensees, or guests, both minor and adult, to the extent that any such damage shall not be covered by insurance. In the case of joint ownership of a Unit, the liability of such Owners shall be joint and several. Any expense incurred by the Board in repairing such damages, together with costs end attorney's fees shall be the debt of the Owner causing the same and the Board may specifically assess that Owner for the amount thereof. (o) Mineral Extraction - Ho property within the Project shall be used in any manner to explore for or to remove any oil or other hydrocarbons, minerals of any kind, gravel, earth or any earth substance (except incident to construction as herein contemplated) or other minerals of any kind. This restriction shell in no way limit the right of the Declarant, the Association or the Owners to remove, transport, receive or otherwise supply water to the Owners, the Association and the Declarant as hereinafter provided for in Article IE hereof. Ho machinery or equipment of any kind shall be placed, operated or maintained upon the Project except such machinery or equipment as is usual and customary in connection with the construction, use and maintenance of the Project. (p) Rules and Regulations - Rules and regulations may, pursuant to the provisions of this Second Amended Declaration, Articles and Bylaws of the Association, may be adopted by the Board of Directors concerning and governing the use of the General and Limited Common Elements, any portion of the project, or the entire project as the Board may deem desirable and in accordance with the general principle of maintaining the desirability and quality of the Project. Specifically without limiting the generality of the foregoing, the rules and regulations may govern such matters as the right of an owner to park or store trucks, boats, trailers, campers or other vehicles and the right of any owner or occupant to keep and maintain animals on the premises; provided, however, that such rules and regulations may be uniform and non-discriminatory. Copies of all such rules and regulations may be furnished to the Unit Owners prior to the time that they become effective and the Association may assess a reasonable charge therefore. 6.10 Delegation of Use. Any Owner may delegate, in accordance with the provisions hereof the duly adopted Rules and Regulations of the Association and without violation of the proscription against severability of Units contained herein, his right of enjoyment to the Common Elements and facilities to the members of his family and his Guests. 6.11 Owners Exclusive Right to Individual Space, Lots and Limited Common Elements. Subject to the other provisions of this Declaration, each Owner shall have full and complete dominion and ownership of the Individual Space or Lot which is part of the Unit owned by such Owner, and each Owner and such Owner's Guests shall have the exclusive right to use and enjoy the same and the Limited Common Elements appurtenant thereto. ARTICLE VI Membership and Voting Rights in the Association 7.1 Membership. The record Owner of any Unit which is subject by these covenants to assessment by the Association shall be a member of the Association. Any person or entity having such interest merely as security for the performance of an obligation shall not be a Member. Membership and the right to vote shall be appurtenant to and may not be separated from ownership of a Unit. Unit ownership shall be the sole qualification for membership. 7.2 Transfer. The membership held by any record Unit Owner shall not be transferred, pledged or alienated in any way, except upon the sale of such Unit and then only to the Purchaser thereof. Any attempt to make a prohibited transfer is void and will not be reflected upon the books and records of the Association. In the event any Unit Owner shall fail or refuse to transfer the membership registered in his name to the purchaser, the Association shall have the right to record the transfer upon the books of the Association. -I6- tOOx 673 r.�46G 7.3 Voting Rights.. (a) Right of Members to Vote. Each member of the Association by virtue of ownership of a Condominium Unit or Detached Housing Unit shall be entitled to one (1) vote for each such Unit owned, subject to the next following subsection (b) of this Section 7.3. (b) Joint Owners. When one or morerpen on, firm, corporation, n oratio, partnership, association or other legal entity, Y hold a membership interest, all such persons, firms, corporations, partnership, associations or other legal entities, or any combinations thereof, shall be members and the vote for such membership shall be exercised as they among themselves determine. In the event that joint owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question. If any Owner casts a vote representing a certain membership interest, it will thereafter be the conclusively presumed for all purposes that he or they were acting with authority and consent of all other Owners of the same Unit. (c) Cumulative Voting. In any election of the Members of the Board, every member entitled to vote at such election shall have the right to cumulate his votes and give one (1) candidate, or divide among any number of the candidates, a number of votes equal to the number of votes which that member is entitled to vote multiplied by the number of directors to be elected. (d) Limitation of Voting Rights. The voting rights of each class of Membership shall be subject to the restrictions and limitations provided in this Declaration and in the Articles and By -Laws. ARTICLE VIII Duties and Powers of the Association 0.1 Duties of the Association. The Association shall have the duties, subject to and in accordance with the provisions of this Declaration, hereinafter set forth: (a) Association Property. To accept and exercise jurisdiction over all property, real and personal, conveyed to the Association by Declarant or the Successor Trustee of the formerly reserved interest in the Common Recreation Reserve, including (1) real property and improvements, if any, which are not Common Elements, (2) the water rights and water and sewer facilities hereinafter described in Article IX hereof, and (31 any easements for operation and maintenance of the water and sewer systems as herein provided over any portion of the Ranch, (4) any easements for other operation and maintenance purposes over the Ranch, and (5) any easements within the Ranch or the Common Recreation Reserve for the benefit of the members. For purposes of this section, a non-exclusive easement, license or other contractural right to use in favor of the Owners and their Guests or any of them shall not be deemed a lien or encumbrance. The Association shall operate and maintain, or provide for the operation and maintenance of all of such property which may be conveyed to it by Declarant and to keep all Improvements of whatever kind and for whatever purpose from time to time located thereon in good order and repair. The Association shall pay all real property taxes and assessments levied upon any property conveyed, leased or otherwise transferred to the Association, to the extent not assessed to the Owners thereof. Such taxes and assessments may be contested or compromised by the Association; provided, however, that they are paid or a bond insuring the payment is posted prior to the sale or other disposition of any property to satisfy the payment of such taxes. The Association shall pay for water, sewer, garbage, electrical, telephone, gas, maintenance, snow removal and gardening service, and other necessary utilities or other services for the Association properties and -17- tem 373 61E607 paint, maintain, provide snow removal services for such Association properties and all Improvements thereto. The Association may acquire for the use and benefit of all Members of the Association, real, tangible ar intangible personal property and may dispose of the same by sale ar otherwise as provided for herein, and the beneficial interest in any such property shall be owned by the Members of the Association and their interest therein shall not be transferable except the interest of a Member who ie a Unit Owner shall be deemed to be transferred upon the transfer of the Member's Unit; provided, however, that no such acquisition or sale of any real property shall be effective unless approved by a vote or written consent of three-fourths (3/4'a) of the members entitled to vote. A transfer of a Unit shell transfer to the transferee ownership of the transferor's beneficial interest in such reel or personal property without any reference thereto or execution of a bill of sale. Each Owner may use such real and personal property in accordance with the purpose for which it is intended, without hindering or encroaching upon the lawful rights of the other Owners. Sale of a Unit under foreclosure shall thereby entitle the purchaser thereof to the beneficial interest in the real and personal property associated with the foreclosed Unit. (b) Common Element Responsibility. Maintain and otherwise manage, or cause to be managed, in a neat and orderly condition, all of the Common Elements, except those portions of the Limited Common Elements maintained by the Owner having the exclusive use thereof; provided, however, that major maintenance of the Limited Common Elements maintained by any Owner shall be the responsibility of the Association, and all facilities end improvements thereon or thereunder, including without limitation, the maintenance of all landscaping of every kind and character, including shrubs, trees, grass and other plantings in a neat and orderly condition and in a manner to enhance its appearance and the exterior maintenance of all Condominium Buildings and other structures provided herein. (c) Exterior Maintenance. Maintain the exteriors of all Condominium Buildings and other structures (including the balconies of Condominium Buildings within any Condominium Parcel notwithstanding anything contained in this Declaration to the contrary) in the Project, except residences or other improvements on any Lot, in good condition and repair and in a manner to enhance their appearance, including without limitation, painting, and repair and replacement of roofs, gutters, downspouts, glass surfaces and exterior Condominium Building surfaces. (d) Other Activities. Undertake any activity, function or service for the benefit of or to further the interests of all, some or any Owners on a self-supporting, special assessment or common assessment basis. Such activities and services may include security guards or security services, the providing of firewood, the providing of maid and cleaning service for individual Units, and the providing of check-in, mail and telephone answering service. (e) Rule Making. To make, establish, promulgate, amend and repeal Association Rules.. A copy of the Rules adopted by the Board, as they may from time to time be amended or repealed, shall be mailed or otherwise delivered to each Owner, or recorded. Upon such mailing, delivery or recordation, said rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. In addition, as to any Owner having actual knowledge of any given Rules, such Rules shall have the same full force and effect as if set forth in this Declaration and may be enforced against such Owner. (f) Audit. The Board shall provide for en annual report of the accounts of the Association and its Manager by making available for inspection at the Association's office the annual financial statement of the Association prepared by a Certified Public Accountant and shall deliver a copy of such financial statement to each Owner within thirty (30) days after completion thereof. Any Owner may at any time and at his own expense cause an audit or inspection to be made of the books and records of the Manager or the Association by a Certified Public Accountant, provided that such audit or inspection is made during normal working hours and without unnecessary interference with the operation of the Manager or the Association. (g) Water and Sewer Systems. Provide water and sewer services to each Condominium Parcel, each Detached Housing Parcel, the Common Recreation Reserve, the Commercial Parcel, and the Homestead Parcel in accordance with the provisions of Article IX hereof. —1 •"- teBK 673 rn..6O5 (h) Other. To carry out the duties of the Association set forth in this Declaration, the Articles and By -Laws. 8.2 Powers and Authority of the Association. The Association shall have all of the powers of a Colorado non-profit corporation, subject only to such limitations upon the exercise of such power as are expressly set forth in the Articles, the By -Laws or the Declaration. It shall have the power to do any end all lawful things which may be authorized, required or permitted to be done by the Association under and by virtue of the Declaration, the Articles, and the By -Laws, and to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association. Without in any way limiting the generality of any of the foregoing provisions, the Aasociation shall have the power and authority at any time. (a) Assessments. To levy assessments on its Members, and to enforce payment of such assessments in accordance with the provisions of Articles X and XI hereof. (b) Right of Entry. Nothing in this Article shall in any manner limit the right of an Owner to exclusive control over his Lot or the interior of his Individual Space; provided, however, that an Owner shall, and does hereby, grant the right of entry to the Association, or any person authorized by the Association, in case of any emergency originating in or threatening his Lot or the Condominium Building containing his Individual Space, or for discontinuance of water service to Units delinquent in payment of regular assessments whether the Owner is present or not. Provided, further, that an Owner shall permit the Association or any other person authorized by the Association, to enter his Lot or Individual Space for the purpose of installing, altering or repairing the Common Elements, provided that requests for entry are made in advance and that such entry is at time convenient to the Owner whose Lot or Individual Space is to be entered. In case of an emergency, such right of entry shall be immediate. (c) Enforcement cf Restrictions. To perform such other acts, whether or not expressly authorized by the Declaration, as may be reasonably necessary to enforce any of the provisions of the Declaration. (d) Manager. To retain and pay for the services of a person or firm to manage its affairs (the "Manager") to the extent deemed advisable by the Board, as well as such other personnel as the Board shall determine shall be necessary or proper for the operation or the conduct of the business of the Association, whether such personnel are employed directly by the Association or are furnished by the Manager. The Association and the Board may delegate any of their duties, powers or functions to the Manager, provided that any such delegation shall be revocable upon notice by the Association or Board. The Owners release the members of the Board from liability for any omission or improper exercise by the Manager of any such duty, power cr function as delegated. (e) Legal and Accounting, Services. To retain and pay for legal and accounting services necessary or proper in the operation of or in performing any of the duties or rights of the Association. (f) Easements and Riehts-Of-Way. To grant and convey to any person easements, rights-of-way, parcels or strips of land, in, on, over or under any Association Property for the purpose of compromising property or boundary disputes or for constructing, erecting, operating or maintaining thereon, therein and thereunder, (1) roads, streets, walks, driveways, parkways, and park areas, (2) overhead or underground lines, cables, wires, conduits, or other devices for the transmission of electricity for lighting, heating, power, telephone and other purposes (3) sewers, storms water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes, and (4) any similar public or quasi -public improvements or facilities. (g) Construction an Association Property. The Association may construct new improveren:s or addition:4 to the Association Properties or demolish existing improvements; provided that in the case of any improvements, addition or demolition (ether than rnintenance or repairs to existing improvements) involving a total expenditure in excess of Five Thousand Dollars ($5,OC'0.0O) annually adjusted by the cost of living, the vote of a majority of -19- !sO)x C73 rrcECO9 Members voting in person or by proxy at a regular or special meeting called for that purpose approving plans and a maximum total cost therefor shall first be obtained. The Association shall levy a special assessment on all Members for the cost of such work. (h) Delegation of Duties. The Board may delegate its duties to Committees established pursuant to the By -Laws. 8.3 Attorney -In -Fact. The Association is hereby irrevocably appointed attorney-in-fact for the Owners of all Units and each of them to manage, control and deal with the interest of such Owner in common elements so as to permit the Association to fulfill all of its duties and obligations hereunder and to exercise all of its rights hereunder. More particularly, the Association, as attorney-in-fact, shall be empowered to grant easements in, over, across and through the Common Elements for the purposes set forth herein or on any Annexed Real Property or Property To Be Annexed, to dedicate or convey portions of the Common Elements such as the private streets and walkways to a public or quasi -public entity upon approval of the Members by vote as herein provided, to deal with the Project upon its destruction, condemnation, obsolescence or termination as herein provided in Article XIII, to execute any amendment or revocation of the Declaration, any Condominium Map or any similar such instrument on behalf of the Owners to effect en amendment or revocation thereof as herein provided or to do or perform such further acts on behalf of the Owners as they shall by majority vote or written consent from time to time direct. The acceptance by any person or entity of any interest in any Unit shall constitute an appointment of the Association as an attorney-in-fact es provided above. 8.4 Nonliability and Indemnification. No right, power, or responsibility conferred upon the Association, the Board of Directors or any of their committees by this Declaration, the Articles or the By -Laws shall be construed a duty, obligation or disability charged upon the Association, Board of Directors or committees and any member of the Association, Board or Committees for any other officer, employee, or agent of the Association. No such person shall be liable to any party (other than to the Association or a party claiming in the name of the Association) for injuries or damage resulting from such person's acts or omissions within what such person reascnebly believes to be the scope of his Association duties or official acts, except to the extent that such injuries damage result from such persons or willful or malicious misconduct. No such person shall be liable to the Association (or to any party claiming in the name of the Association) for injuries or damage resulting from such person's official acts, except to the extent that such injuries or damage result from such person's negligence or willful or malicious conduct. The Association shall pay all expenses incurred by, and satisfy any judgment or fine levied against any person as a result of any action or threatened action against such person to impose liability on such perscn for his official acts, provided that: (a) The Board determines that such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Association; and (b) In the case of a criminal prcceeding, the Board determines that such person had no reasonable cause to believe his conduct was unlawful; and (c) In the case of an action or threatened action by or in the right of the Association, the Board determines that such pernon acted with such care including reasonable inquiry as an ordinarily prudent person in a like position would use under similar circumstances. Ary determination by the Board required under this paragraph must be approved by a majority vote of a quorum consisting of directors who are not parties to the action or threatened action giving rise to the indemnification, If the Board fails cr refuses to make any such determination, such determination may be made by the vete or written consent -20- aoax 673 nCECIO of a majority of a quorum of the Members of the Association provided that the person to be indemnified shall not be entitled to vote. Payments made hereunder shall include amounts paid and expenses incurred in settling any such action or threatened action. This paragraph shall be construed to authorize payments and indemnification to the fullest extent now or hereafter permitted by applicable law. The entitlement to indemnification hereunder shall inure to the benefit of the estate, personal representative, executor, adminstrator, heirs, successors, assigns, legatees, or devisees of any personal entitled to such indemnification. 8.5 Property held by the Association. All funds and the titles of all properties acquired by the Association and the proceeds thereof shall be held by the Association for the benefit of the Members in accordance with the provisions of the Declaration, the Articles and the By -Laws. ARTICLE IX Water and Sewer Service 9.1 Common Elements. Without limiting the generality of this Declaration with respect to Common Elements, the terms of this Article IX shall apply specifically to water rights and to facilities which comprise any parts of systems for providing water or sewer service. The other provisions of the Declaration shall also apply to such water rights and facilities except where the terms of this Article IX are clearly inconsistent therewith, in which event the terms of this Article shall control. 9.2 Acquisition and Management of Water Rights. Subject to the provisions of this Article IX, the Association may initiate, acquire, hold, manage, protect and develop water rights for the purposes set forth in this Declaration. The Association shall hold title to all such water rights for the benefit of the Members, and may take such actions with respect to water rights, subject to any approval required by this Declaration for the financing of such actions, as the Board by majority vote, determines will benefit such Members; including withcut limitation the creation of new water rights, the exercise of diligence with respect to legal or administrative action to protect or improve such water rights, participation in exchange programs or plans of augmentation. The Association may accept the gift or conveyance of water rights; provided that the Association shall not purchase, release or convey any water right except upon the affirmative vote or written consent of the majority of the voting power of the Members entitled to vete. 9.3 Acquisition and Management of Water and Sewer Service Facilities. Subject to the provisions of the Declaration, the Association may acquire, construct, repair, replace, operate and maintain facilities for the provision of water end sewer service to those entitled thereto under the terms of the Declaration. The Association shall hold title to any such facilities for the benefit of the Members of the Association and subject to any approval required by such actions as the Board, by majority vote or written consent, determines will benefit such Members. Without limiting the foregoing, the Association, upon majority vote by the Board may utilize a Manager to operate and maintain such facilities and to provide water and sewer service, 9.4 Initial Water Rights and Water and Sewer Service Facilities. The water rights and water and sewer service facilities described in the Deed of from previous Declarant to the Association, dated July 3, 1973 and recorded in Book 447 at Page 140 of Garfield County Records ("Water Deed"), have been conveyed to the Association for the benefit of the Owners pursuant to this Declaration. The previous Declarant has also previously relinquished and quit claimed to the Association the power to revert rights and interests if unused as set forth in Paragraph 3 of the Water Deed. 9.5 Water and Sever Service. Subject to compliance with the terms of the Declaration, the payment of assessments, charges and fees imposed pursuant to this Declaration, the payment of service fees where required by service contract authorized by this Declaration, and compliance with reasonable rules and regulations by the Association through a majority vote of its Board, consistent with this Declaration, the Association shall provide water and sewer service: -21- (a) (b rieo 673 g•icECii To each Unit now or hereafter within the Project. To the Common Recreation Reserve, including without limitation the provision of water for irrigation. (c) To authorized uses within the Ranch, but not included within the Project. Such uses shall be served pursuant to a service contract between the Association and the user, approved by majority vote of the Board of the Association. Any such service contract shall require the user to bear the cost of installing, mainteining and operating facilities to serve such uses, in the manner provided for Commericial and Homestead Parcels in subsection (d) below. (d) To the Commercial Parcel and to the Homestead Parcel pursuant to a service contract or contracts with the Owners thereof approved by majority vote of the Board of the Association, but not exceeding the amount of water reserved originally by the Declarant for such Commercial and Homestead Parcels in the original Declaration (except when additional water is available and the Association agrees to enlarge its services) and not to exceed the capacity of the Association's water and newer service facilities. Any such service contract shall require the Owner to bear and pay to the Association the marginal capital costs and expenses for the installation of facilities for such service and to pay a proportionate part of the costs of the facilities used in common with other service and a proportionate part of the costs of operating and maintaining sewer and water utility service to all Land served by the Association, said proportions being reasonably determined by the Board of Directors of the Association in its sole discretion. (e) The Association shall not serve, nor hold itself out as serving or ready to serve all members of the public, nor take any action which would cause it to be classified as a public utility under the law of the State of Colorado. 9.6 Allocation of Water. The Association, by majority vote of the Board, may place restrictions upon its water service or require those served by it to curtail water use, when necessary in the judgment of the Board to provide or protect an adequate supply of water during times of shortage, provided, however, the Board shall limit or curtail non-domestic recreational purposes, prior to limiting or curtailing service for commercial purposes, and provided the Board shall recognize at all times the rights reserved by Declarant in the Water Deed referred to in Section 9.4 hereof (except as relinquished in Section 9.4 hereof). The Board shall limit or curtail domestic service only in the event that the reasonable curtailment or limitation of other service is inaufficent to provide an adequate supply of water in the judgment of the Board to serve domestic purposes and essential non-domestic uses. In addition to its other remedies set forth in Article XI, the Board may discontinue water service to any Unit delinquent in payment of assessments. 9.7 Financing. In order to provide financing for the operation and maintenance of water and sewer facilities, the As3aciation may utilize any means of raising funds authorized by this Declaration, including, but not limited to general and special assessments, assessment of marginal capital costs for maintenance, upkeep, expansion or addition to the facilities, and imposition of tap or hookup fees upon the Owners, developers or purchasers of Unita or Parcels within the Project or upon the Owners, developers or purchasers of residences elsewhere in the Ranch or within the Commercial Parcel or the Homestead Parcel. 9.6 Service by a Suhatitute F;ntity. Upon the vote or written consent of three-fourths of the Members entitled to vote and compliance with any requirements imposed by law, the Association may convey some or all of its water rights and water and sewer service facilities to any municipality, water district, sanitary sewer district or other municipal or quasi -municipal corporation or any other entity or individual which will provide acceptable water and sewer service to those served by the Association and assumed the responsibilities of the Association pursuant to this Article, upon terms acceptable to the Association. -22- ARTICLE X tcoK 673 N..C12 Covenant for Assessments 10.1 Creation of the Lien and Personal Obligation of Assessments and Service Fees. Each Owner of any Unit or Parcel containing Units within the Project, covenants and agrees to pay to the Association: (a) Annual Assessments or charges; and (b) Special Assessments for capital improvements or other such extraordinary items. The annual and special assessments, together with such interest thereon and costs of collection thereof es provided hereinbelow in Section 11.1, shall be a charge on the Unit or Units platted within any Parcel and shall be a continuing lien upon the Unit or Units platted within a Parcel against which each such assessment is made. The lien shall become effective upon recordation of a Notice of claim of lien in accordance with Section 11.2 of this Declaration. Each annual and special assessment, together with such intereets and coats, shall also be the personal obligation of the Owner of such Unit at the time when the Assessment, or any portion thereof fell due and shall bind his heirs, devisees, personal representatives, successors, and assigns; however, the personal obligation shall not pass to his successors in title unless expressly assumed by them. 10.2 Purpose of Annual and Special Assessments. The annual and special assessments levied by the Association shall be collected, accumulated, and used exclusively for the purpose of providing for and promoting the pleasure, recreation, health, safety and social welfare of the Members of the Association, including the improvement and maintenance of the Common Elements and facilities and to meet overhead expenses of the Association. 10.3 Annual Assessments. The amount of annual assessments shall be determined by the Board or its designated agent, as provided for herein, and shall be based upon due consideration of the projected Common Expenses and cash requirements deemed to be such aggregate sum of the Board of Directors of the Association, or its agent, shall from time to time determine to be paid by all the Unit Owners to provide for payment of all estimated expenses growing out of or connected with the maintenance, repair, operation, additions, alterations and improvements of and to the General Common Elements, which sum shall include, but shall not be limited to, expenses of management; taxes and special assessments not separately assessed; premiums for insurance; landscaping and care of grounds; care, maintenance and operation of recreational facilities; common lighting and heating; repairs and reservations; trash and garbage collections; wages, guard and security services and facilities; common water and sewer charges; legal and accounting fees; management fees; expenses and liabilities incured by the Board of Directors of the Association or their agent, on behalf of the Unit Owners under or by reason of this Declaration, the Articles of Incorporation and the By -Laws; for any debts remaining from a previous period; for the creation of a reasonable contingency reserve and working capital reserve; all other costs and expenses related to the General Common Elements; together with an adequate reserve fund for the replacement of the Common Elements, which reserve fund may be funded by regular monthly payments or by special assessments. 10.4 Special Assessments. In addition to the annual assessments authorized by Section 10.3, the Association may levy for any assessment year a special assessment for the purpose of defraying, in whole or in part, the costs of any construction or reconstruction, unexpected repair, replacement of a described capital improvement upon the Common Elements, including the necessary fixtures and personal property related thereto, for the funding of an adequate reserve fund for the replacement of the Common Elements; provided that any such assessment for a capital improvement or fund shall have the approval by vote or written consent of not less than a majority of the members entitled to vote, or in the event such amount is to be separately assessed against less than all the members, majority of the voting power of the Members to be assessed. Special assessments may also be levied by the Board in order to meet common expenses which have not been adeq isie1y provided for by annual assessment. -23- Bao% 673 r!ctC13 10.5 Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for herein shall commence with respect to all Units within each Condominium or Detached Housing Parcel, on the first day of the month following the annexation, platting or designation of a Parcel, and/or Units within such Parcel, by the Owner of the Parcel or Unit. In the event the assessments commence on a day other than the first day of the assessment period, the assessment for that period shall be prorated. Annual assessment shall be levied on a calendar year basis and shall be due and payable monthly in advance or in such other manner as the Board may from time to time establish. The due date of any special assessment under Section 10.4 hereof shall be fixed in the resolution authorizing such assessment. 10.6 Duties of the Board. The Board shall fix the amount of the annual and special assessment against each Unit for each annual assessment period at least thirty (30) days in advance of such period and shall, at that time, prepare a roster of the Units within the Project and annual and special assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner during normal business hours. Written notice of the annual and special assessments shall be sent to every owner at least fifteen days in advance of each annual assessment period; provided, however, the omission or failure to affix the assessment or to deliver or mail a statement for any period shall not be deemed a waiver, modification, or release of the Owners of any Unit from their obligation to pay the same._ The Board may at any time during the calendar year to which such annual assessment relates, after consideration of the current maintenance costs and, to the extent it deems appropriate, the future needs of the Association, reduce the amount of the annual assessment and adjust the monthly payments due accordingly. In the event the Board exercises the discretion granted herein, it shall notify the Members of such adjustment as soon as is practicable. 10.7 Estoppel Statement.. Upon demand, the Association shall furnish to any Owner liable for annual and special assessments a certificate in writing signed by an officer of the Association setting forth whether said assessments or any portion thereof have been paid. Such certificate shall be conclusive evidence of payment of any assessments or portion thereof therein stated to have been paid. A reasonable charge may be made by the Board for the issuance of any such certificate. 10.8 Cost Centers - Rate of Assessments for Each Unit. (a) Cost Centers. The costs and expenses of the Association shall be allocated by the Association to separate costs centers. There shall be a separate cost center (a "Parcel Cost Center") maintained for each Condominium Parcel and each Detached Housing Parcel and all costs and expenses of the Association clearly or reasonably attributable to a Parcel shall be allocated to the cost center for that Parcel. There shall be maintained a separate cost center (the "General Cost Center") for costs and expensea clearly or reasonably attritutable to the Common Recreation Reserve, to Water and Sewer Facilities, and to water and sewer service provided by the Association and for other costs and expenses cf the Association not clearly or reasonably allocable to a Parcel Cost Center or to particular Owners. There shall be allocated to the General Cost Center all income and funds derived by the Association from fees or charges for use of the Common Recreation Reserve or for water and sewer service. The Board shall make all allocations of costa and expenses and income and funds of cost centers in accordance with its reasonable judgment and all such allocations shall be conclusive and binding on all Owners. (b) Rate of Assessments of Units. Annual and special assessments for each Unit existing in the Project shall be fixed at a rate determined by the Board so that the owners of each Unit will pay the Unit's proportionate share of costs and expenses allocated to the cost centers in which that Unit should participate. -2.1- DOflK 673 NNE 14 10.9 Authority of the Board. Subject to the provisions hereof, the Board shall have the power and authority to determine all matters in connection with Aasessments including power and authority to determine where, when and how Assessments should be paid to the Association, and each Owner shall be required to comply with any such determinations.. Except as emergencies may require, the Association shall make no commitment or expenditures in excess of the funds reasonably expected to be available to the Association. 10.10 Nonuse and Abandonment. No Owner may waive or otherwise escape personal liability for the Assessments provided for herein by nonuse of the Common Elements or abandonment of his Unit. 10.11 Ascertainability of Unpaid Common Expenses - Statement of Account. Upon written request for a statement of account by an Owner or his Agent, respective mortgagee or prospective grantee of Unit, the Association, or its managing Agent shall furnish statement of the amount of any unpaid Common Expenses, the amount of the current assessments, the date such assessments are due, the amount of advanced payments for prepaid items such as insurance premiums and reserves therefor, deficiency and reserve accounts, which statement shall be conclusive upon the Association in favor of all persons who rely thereon in good faith. Unless such request shall be complied within twenty (20) days after receipt of such a written request, all unpaid common expenses which become due prior to the date of such request shall be subordinate to the rights of the person requesting such statement. A reasonable charge may be made by the Board for furnishing the statement of account. ARTICLE XI Association's Lien for iron -Payment of Assessments 11.1 Delinquency and Lien of Association. A11 sums assessed for annual or special assessments that remain unpaid when due (being the dates specified in Article X hereof) for the share of common expenses chargeable to any Unit shall become delinquent and shall constitute a lien on such Unit superior to all other liens and encumbrances except only for tax and special assessment liens on the Unit in favor of any governmental body, and all sums unpaid on the first lien mortgage or first lien deed of trust of record, including all unpaid obligatory sumaasmeJ be provided by such encumbrances, and including additional advances made pursuant to such encumbrances prior to the attachment of such lien. Such lien shall attach and be effective from the due date of the assessment until all sums, including interest from the date due at the rate of 15% (fifteen percent) per annum and other charges thereon including costs of expenses of collection and reasonable attorney's fees incurred by the Association, shall have been fully paid. 11.2 Notice of Claim of Lien. To evidence the Association's lien, the Board of Directors of the Association or their managing agent or other representative, shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of the accrued interest and late charges thereon, and other costs and expenses, the name of the owner of the Unit, a good and sufficient legal description of the Unit, and the name and address of the Association es lien claimant. Such a Notice of Claim of Lien shall be signed by one of the directors or officers of the Association, or by their managing agent or representative on behalf of the Association and shall be recorded in the office of the Clerk and Recorder of the County of Garfield, State of Colorado, and a copy of said Notice of Claim of Lien shall be deposited in the United States mail, postage prepaid, to the owner of the Unit at his address as shown on the records of the Association. 11.3 Foreclosure of Lien - Other Remedies. The Association's lien may be enforced by Court foreclosure proceedings in a manner similar to foreclosure of a mortgage on real property; or, in addition to all other legal and equitable rights or remedies, the Association may, at its option, bring an action at law against the Owner of the Unit personally obligated to pay the same. In any such proceedings either for judicial foreclosure or against the -25- 5,NK 673 E615 Owner of the Unit personally, the Owner shall be required to pay the costs, expenses, and attorney's fees, and in the event of foreclosure proceedings, all additional costs, expenses and reasonable attorney's fees incurred in connection with any foreclosure sale. The Owner of any Unit being foreclosed shall be required to pay to the Association the monthly assessment for the Unit during the period of foreclosure together with accrued interest, and the Association shall be entitled to the appointment of a receiver for and during foreclosure. The Association shall have the power to bid on the Unit et foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the Unit. 11.4 Curing of Default and Release of Lien. Upon the timely curing of any default for which a Notice of Claim of Lien has been recorded in the Garfield County Books and Records by the Association, the recorded lien may be released by recording a Release of Lien to signed by a Director or Officer of the Association, or by its managing agent or other representative, on behalf of the Association, upon payment by the defaulting Owner of a fee to be determined by the Association, to cover the costs of preparing and filing or recording such Release of Lien. 11.5 Cumulative Remedies. The Association's Lien and the rights to judicial foreclosure and sale thereunder, together with the Association's right to bring an action at law for collection of amounts due the Owner personally obligated to pay the same, shall be in addition to and not in substitution for all other rights and remedies with which the Association and its assigns may have hereunder and according to law, including the suspension of an Owner's rights and privileges to use of Ranch facilities and Common Elements and to vote, and discontinuance of water service. 11.6 Mortgagees. Any mortgagee holding a lien on a Unit may pay, but shall not be required to pay, any unpaid annual or special assessments for unpaid Common Expenses payable with respect to such Unit. Upon request of a mortgagee, the Association shall report to the mortgagee of a Unit any unpaid assessments remaining unpaid for longer thnn thirty days after the same are due if such mortgagee shall have furnished previously to the Association the notice of such encumbrance. Notwithstanding anything herein to the contrary, any holder of a first lien mortgage or any holder of a first lien deed of trust who comes into possession of a Unit pursuant to the remedies provided in the mortgage or deed of trust, or by foreclosure of the mortgage or deed of trust, or by way a deed given in lieu of foreclosure, shall take the Unit free of any claims for unpaid assessments or charges against the Unit which accrue prior to the time such holder comes into possession of the Unit; provided, however, such holder shall be liable for a pro rata share of assessments resulting from a pro rata reallocation of assessments by the Association affecting all Units including the mortgaged Unit. The Assessments and Charges waived by this provision shall remain a personal, individual obligation of the prior Owner of such Unit. ARTICLE XII Insurance The insurance other than title insurance which shall be carried upon the project shall be governed by the following provisions: 12.1 Authority to Purchase. The Board of Directors of the Association, or its managing agent or representative shall obtain and maintain to the extent obtainable fire insurance with extended coverage, vandalie-, and malicious mischief endorsements, insuring all Condominium Buildings and improvements including, without limitation, all Individual Spaces on a Condominium Parcel and the standard partition walls, fixtures and installatione initially installed, as shown on the Condominium Maps and Plats, as amended from time to time, and replacements thereof; and shall include fixtures, alterations, installations or additions situated within Individual Spaces; and on all of the Common Elements an.l all personal property and all service equipment owned by the Association, in an amount equal to the full replacement value, without deduction far depreciation, and which shall contain a standard mortgagee clause in favor of each mortgagee of a Condominium Unit which shall provide the loss, if any, thereunder shall be payable to such mortgagee as its interest may appear, subject, however, to the lost payments provisions in favor of the Board of Directors of the Association as -26- 100K 673 r:CE 616 hereinafter set forth in this Declaration; public liability insurance with such limits as the Board of Directors may from time to time determine, covering the Association, each Member of the Board of Directors, their managing agent or other representative and each Unit Owner. Such public liability coverage shall also cover cross liability claims of one insured against the other. 12.2 Insurance Provisions. All policies of public liability insurance shall contain waivers of subrogation and waivers of any defense based on co-insurance or of invalidity arising from any acts of the insured and shall provide that such policies may not be cancelled or substantially modified without at least ten days' prior written notice to all of the insureds, including mortgagees. Duplicate originals of all policies and renewals thereof, together with proof of payments or premium shall be delivered to all mortgagees at least ten days prior to the expiration of the then current policy. 12.3 Appraisal. Prior to obtaining any policy of fire insurance or renewal thereof, the Board of Directors of the Association shall obtain an appraisal from a fire insurance company or otherwise of the full replacement value of all Condominium Buildings and improvements upon the Project without deduction for depreciation for the purpose of determining the amount of the insurance to be effected pursuant to the provisions of this insurance paragraph; provided, however, that such insurance policy may, at the discretion of the Board of Directors, contain a co-insurance clause for not less than ninety percent (90%) of the full replacement costs. Determination of maximum replacement value shall be made annually by one or more written appraisals to be furnished by a person knowledgeable of replacements costs. 12.4 Condominium Unit Owner's Insurance. Condominium Unit Owners may carry other insurance for their benefit and at their expense, provided that all such policies shall contain waivers of subrogation, and provided further, that the liability of the carriers issuing insurance obtained by the Board of Directors of the Association shall not be affected or diminished by reason of any such additional insurance carried by any such Condominium Unit Owner. Insurance coverage on furnishings and other items of personal or other property belonging to an Owner and public liability coverage within each Condominium Unit shall be the sole and direct responsibility of the Owner thereof and the Board of Directors of the Association, or their managing Agent or representative, shall have no responsibility therefore. 12.5 Detached Housing Unit Owners' Insurance. Each owner of a Detached housing Unit shall obtain adequate insurance against fire and all other hazards with respect to residences and improvements on the Lot and Detached Housing Unit on the Lot of such Detached Housing Unit Owner. Detached Housing Owners may carry other or additional insurance for their benefit and at their expense, provided that ell such policies shall contain waivers of subrogation, and provided further, that the liability of the carriers issuing insurance obtained by the Board of Directors of the Association shall not be affected or diminished by reason of any such additional insurance carried by any such Detached Housing Owner. Insurance coverage on furnishings and other items of personal or other property belonging to the Detached Housing Unit Owner and public liability coverage with any such Detached Housing Unit shall be the sole and direct responsibility of the Owner thereof, and the Board of Directors of the Association, or their managing Agent or representative, shall have no responsibility therefor. 12.6 Other Insurance Coverage. The Association shall maintain in full force and effect worker's compensation policies or participate in the state compensation worker's fund, in accordance with the requirements of Colorado Law. The Board of Directors of the Association mny purchase and maintain in full force at all times demolition insurance in adequate amounts to cover demolition in the event of destruction and a decision not to rebuild. Such policy, if purchased, shall contain a determinable demolition clause, or similar clause, to allow for the coverage of the costs cf demolition in the event of destruction and a decision not to rebuild. 11001( G73 r cE6il7 The Board of Directors of the Association may obtain such other insurance es the Board of Directors or its managing Agent shall determine from time to time to be desirable, including fidelity bonds or insurance covering employees and agents of the Association and any insurance indemnifying officers, directors, employees and agents of the Association. Any insurance policy purchased by the Association may contain such deductible provisions as the Board of Directors of the Association deems in its sole discretion, to be consistent with good business practices. The Association is hereby irrevocably appointed agent for each Owner to adjust all claims arising under insurance policies purchased by the Association and execute and deliver releases upon the payment of claims, 12.7 Beneficiaries of Insurance Policies and Certificates. All insurance policies purchased by the Association shall be for the benefit of the Association and the Owners and their mortgagees as their interest may appear, and shall provide that all proceeds covering property losses shall be paid to the Association. Certificates of Insurance Coverage or copies of insurance policies shall be issued to each Owner and mortgagee who makes a written request to the Association for any such certificate or copy. The Association may charge a reasonable fee for providing such a copy or certificate to meet its expenses incident to providing the same. ARTICLE XIII Casualty, Destruction, Obsolescence or Condemnation, Restoration, and Association as Attorney -in -Fact 13.1 Association as Attorney -in -Fact. As provided in Section 8.3, this Declaration does hereby make mandatory the irrevocable appointment of the Association as Attorney -in -Fact to deal with the property upon its damage or destruction, for its repair and reconstruction or its obsolescence and to maintain, repair and improve all elements of the project (except with respect to a Lot or improvements upon a Lot) including the Condominium Buildings and improvements upon Condominium Parcels and the General and Limited Common Elements. Title to any Condominium Unit is declared and expressly made subject to the terms and conditions hereof, and acceptance by the grantee of a deed or other instrument of conveyance from any Owner or grantor shall constitute appointment of the Association as Attorney -in -Fact herein provided. All of the Owners of all Units within the Project irrevocably constitute and appoint the Association their true and lawful attorney in their name, place and stead for the purpose of dealing with the property upon its damage or destruction or obsolescence as is hereinafter provided. As Attorney -in -Fact, the Association by its duly authorized officers or agents, shall have full and complete authorizetion, right and power to make, execute and deliver any contract, deed or any other instrument with respect to the interests of the Unit Owners which are necessary and appropriate to exercise the powers herein granted. Repair and reconstruction of the improvements as used in this Article means the restoring the improvements to substantially the same condition in which they existed prior to the damage, with each Unit and the General and Limited Common Elements having substantially the same boundaries, and with respect to any Individual Space having the same vertical and horizontal boundaries, as before. The proceeds of any insurance collected shall be available to the Association for the purpose of repair, restoration, reconstruction or replacement unless the Owners and holders of first lien mortgages or first lien deeds of trust agree not rebuild in accordance with the provisions set forth hereinafter. 13.2 Reconstruction. In the event of damage or destruction due to fire or other disaster, the insurance proceeds, if sufficient to reconstruct all improvements on the affected property (which shall mean that portion of the Project affected by casualty, destruction, taking or obsolescence, but shall not include any Lot or the improvements on any Lot), shall be applied by the Association as Attorney -in -Fact, to such reconstruction, and the improvements shall be promptly repaired end reconstructed. The Association shad have the full authority, right and power, as Attorney -in -Fact, to cause the repair and restoration of the -28- boox 673 r►.cE6iS improvements, Regular assessments for common expenses shall not be abated during the period of insurance adjustment end repair and reconstruction. If the insurance proceeds are insufficient to repair and reconstruct the improvements and if such damage is not more than fifty percent (50%) of the total replacement costs of all the improvements in this Project, not including land, such damage or destruction shall be promptly repaired and reconstructed by the Association as Attorney -in -Fact, using the proceeds of insurance and proceeds of a special assessment to be made against all of the Owners and Units. Such deficiency assessment shall be a Common Expense and be made pro rata according to each Owner's interest in the Condominium Units and/or the General Common Elements and shall be due and payable within thirty days after written notice thereof. The Association shall have full authority, right and power, as Attorney -in -Fact, to cause the repair, replacement and restoration of the improvements using all of the insurance proceeds for such purposes, not withstanding the failure of an Owner to pay the Assessment. The Assessment provided for herein shall be a debt of each Owner and a lien on his Unit and may be enforced and collected as provided in Article XI. In addition thereto, the Association, as Attorney -in -Fact, shall have the absolute right and power to sell the Unit of any Owner refusing or failing to pay such deficiency assessment within the time provided, and if not so paid, the Association shall cause to be recorded a notice that the Unit of the delinquent Owner shall be sold by the Association, as Attorney -in -Fact pursuant to the provisions of this paragraph. Regular assessments for Common Expenses shall not be abated during the period of insurance adjustment and repair and reconstruction. The delinquent Owner shall be required to pay to the Association the costs and expenses for filing notices, interest at the rate of fifteen percent (15%) per annum on the amount of the assessment and all other costs and expenses including reasonable attorney's fees. The proceeds derived from the sale cf such Unit shall be used and disbursed by the Association, as Attorney -in -Fact, in the following order: (a) For payment of taxes and special assessment liens in favor of any governmental assessing entity; (b) For payment of the balance of the lien of any first lien mortgage; (c) For payment of the customary expenses of sale; (d) For payment of unpaid Common Expenses and all costs, expenses and fees incurred by the Association, or its managing agent or representative; (e) For payment of junior liens and encumbrances in the order and to the extent of their priority; and (f) The balance remaining, if any, shall be paid to the Unit Owner. 13.3 Substantial Destruction and the Sale of the Affected Property. If the insurance proceeds are insufficent and not equal to repair and reconstruct the damaged improvements on the affected property, and if such damage is more than fifty percent (50o) of the total replacement cost of all improvements in the Project, not including land, and fifty-one percent (51%), or more, of the Owners of the affected property do not voluntarily, within one hundred (100) days thereafter, make plans for the reconstruction which plan muet have the approval or consent of seventy-five percent (75%), or more, of the holders of first lien mortgages or first lien deeds of trust of record, then the Association shall forthwith record a Notice setting forth such fact or facts, and upon the recording of such Notice by the Association and with the written consent of seventy-five percent (75%) of the holders of recorded first lien mortgages or first lien deeds of trust, the entire remaining premises of the affected area shall be sold by the Association pursuant to the provisions of this paragraph, as Attorney -in -Fact for all of the owners, free and clear of the provisions contained in this Declaration, the map or plats, and the Association By -Laws. The insurance settlement proceeds shall be collected by the Association and s'.1ch proceeds shall be divided by the Aesociation according to each Owners percentage interest in the affected property and such divided proceeds shall be paid into separate accounts, each such account representing one of the Units. Each such account shall be in the name of the Association, and shall be further identified by the Condcninium -29- b[D. 673 r.tt619 Unit or Detached Housing Unit designation in the name of the Owner. From each separate account, the Association, as Attorney -in -Fact, shall forthwith use and disburse the total amount in each account without contribution from one account to another toward the partial or full, payment of the lien of any first lien mortgage or first lien deed of trust against the Condominium Unit or Detached Housing Unit represented by such separate account. Thereafter, each such account shall be supplemented by the apportioned amount of the proceeds obtained from the sale of the entire property. This apportionment shall be based upon each Condominium Unit or Detached Housing Unit Owner's interest in the affected property. The total funds in each account shall be used and disbursed, without contribution from one account to another, by the Association, as Attorney -in -Fact for the same purposes and it same order as is provided in subparagraphs 13.2 (a) -(f) of this Article. 13.4 Substantial Destruction and Restoration of the Affected Property. In the event of such damage or destruction as aet forth in paragraph 13.3, and if a plan for reconstruction is adopted by the Owners and approved by the holders of first lien mortgages or first lien deeds of truat of record es therein provided, then ell of the Owners shall be bound by the terms and provisions of such plan. Any assessment in connection with such plan shall be a Common Expense end shall be pro rata according to each Owner's interest in the improvements and Common Elements of the affected property, and shall be due and payable as provided by the terms of such plan, but no sooner than thirty days after written notice thereof. The Association shall have full authority, right and power, as Attorney -in -Fact, to cause the repair, replacement or restoration of the improvements using all of the insurance proceeds for such purpose, notwithstanding the failure of any Owner to pay the assessment. Regular assessments for Common Expenses shall not be abated during the period of insurance adjustment and repair and reconstruction. The special assessment provided for herein shall be a debt of each Owner and a lien on his Unit and may be enforced and collected as is provided in Article XI. In addition thereto, the Association, as Attorney -in -Fact, shall have the absolute right and power to sell the Condominium Unit of any Owner refusing or failing to pay such assessment within the time provided, and if not so paid, the Association shall cause to recorded a Notice that the Unit of the delinquent Owner shall be sold by the Association. The delinquent Owner shall be required to pay to the Association the costs and expenses for filing the Notices, interest at the rate fiften percent (15%) per annum on the amount of the assessments and all reasonable costs including attorney' fees. Proceeds derived from the sale of such Unit and disbursed by the Association, as Attorney -in -Fact, for the same purposes and in the same order as is provided in Paragraph 13.2 (a) -(f) of this Article. 13.5 Substantial Obsolescence,. The Owners representing en aggregate ownership interest of seventy five percent (75%) or more of the improvements in the affected property may agree that the affected property is obsolete and adopt a plan for renewal and reconstruction, which plan shall have approval of seventy five percent (75%) or more of the holders of first lien mortgages or first lien deeds of trust of record at the time of the adoption of such plan. If the plan for renewal or reconstruction is adopted, Notice of such plan shall be recorded, and the expense of renewal and reconstruction shall be payable by all of the Owners of the affected area as en assessment for Common Expenses, whether or not they have previously consented to the plan of renewal or reconstruction. Ths assessment provided for herein shall be a debt of each owner and a lien on his Unit and may be enforced and collected es is provided in Article XI. The Association, as Attorney -in -Fact, shall have the absolute right and power to sell the Unit of any Owner refusing or failing such assessment within the time provided, and if not so paid, the Association shall cause to be recorded a Notice that the Unit of the delinquent Owner shall be sold by the Association. The delinquent Owner shall be required to pay to the Association the costs and expenses for filing the Notices, interest at the rate of fifteen percent (15%) per annum on the amount of the assessment and all costs and expanses including reasonable attorney's fees. The proceeds derived from the sale of such Unit and disbursed by the Association, as Attorney -in -Fact, for the same purposes end in the same order as in provided in 13.2 (a) -(f) of this Article. The Owners representing en aggregate ownership interest cf seventy-five percent (75%), or more, of the improvements in the affected property may agree that the Unita are obsolete and that the seie shall be sold. Such plan or agreement must have the unanimous approval of every holder of a first lien mortgage or first lien deed of trust of record. In Such -30- EOM 673 rIr r)2o instance, the Association shall forthwith record a Notice setting forth such fact or facts, and upon recording of such Notice by the Association, the entire premises shall be sold by the Association, as Attorney -in -Fact for all the Owners, free and clear of the provisions contained in this Declaration, the Maps or Plats and the Association By -Laws. The sale's proceeds shall be apportioned among the Owners on the basis of each Owner's interest in the affected area of the General Common Elements and such apportioned proceeds shall be paid into separate accounts, each such account representing one Unit. Each such account shall be in the name of the Association, and shall be further identified by the Condominium Unit or Detached Housing Unit Designation in the name of the Owner. From each separate account, the Association, as Attorney -in -Fact, shall use and disburse the total amount of each such account without contribution from one account to the other for the same purposes and in the same order as is provided in 13.2 (a) -(f) of this Article. 13.6 Condemnation. If at any time or times during the continuance of the Unit ownership pursuant to the Declaration, all or pert of the Project shall be taken or condemned by any public authority, the following provisions shall apply: (a) Proceeds. A11 compensating damages or other proceeds therefrom, the sum of which is hereinafter the "condemnation award", shall be payable to the Association. (b) Complete Taking. (i) In the event the entire Project is taken or condemned, the Unit Ownership pursuant thereto shall terminate. The condemnation award shall be apportioned among the Owners on the same basis as each unit Owner's interest, right and easement in the General Common Elements; provided, however, that if standards different from the value of the property as a whole were employed as a measure of condemnation award in the negotiating, judicial decree or otherwise, then in determining such shares, the same standard shall be employed to the extent that is relevant and applicable. (ii) On the principles set forth in the preceding paragraph, the Association shall as soon as practicable, determine the share of the condemnation award to which is Owner is entitled. Such share shall be paid into separate accounts for each Unit and disbursed as soon as practicable and in the seine manner and as set forth in paragraph 13.2 (a) -(f). (c) Partial Taking. In the event that less than the entire Project is taken or condemned, the Unit ownership hereunder shall not terminate. Each Owner shall be entitled to a share of the condemnation award to be determined in the following manner: (i) As soon as practicable, the Association shall reasonably and in good faith allocate the condemnation award between compensation, damages and other proceeds and shall apportion the amounts so allocated among the Owners as follows: (aa) The total amount allocated through the taking of or injury to the General Common Elements shall be apportioned among the Owners on the basis of each Owner's interest, right and easement respectively in the General Common Elements; (bb) The total amount allocated to severance damages shall be apportioned to those Units which were not taken or condemned; (cc) The respective amounts allocated to the taking of or damage to a particular Unit and to the improvements an Owner has made within his own Unit shall be apportioned to the particular Unit involved; and (di) The total amount allocated to consequential damages and any other takings or injuries shall be apportioned as the Association determines to be equitable in the circumstances or as determined by judicial decree. If the allocation of the condemnation award is already established by -31- bfl 673 r'CE(21 negotiation, judicial decree or otherwise, then in allocating the condemnation award, the Association shall employ such allocation to the extent applicable. Apportioned proceeds shall be disbursed as soon as practicable in the manner set forth in paragraph 13.2 (a) -(f) above. The Association shall timely notify each first mortgagee of any Condominium Unit or Detached Housing Unit of the commencement of the condominium proceedings or imminent domain proceedings and shall notify said mortgagee in the event of the taking of all or any part of the affected property or General Common Elements if the value of the affected property or General Common Elements taken exceeds Ten Thousand Dollars ($10,000.00). ARTIC?.E XIV Architectural Control 14.1 No Chance in Property Without Approval. No Change in Property shall be made or permitted, with respect to any real property then part of the Project, except by Declarant itself or the Association, without the prior written approval of the Association and without compliance with the provisions of this Article AIV. "Change in Property" shall mean: (a) The construction or expansion of any building, structure or other improvements, including utility facilities; (b) the destruction by voluntary action or the abandonment of any building, structure or other improvements; (c) the excavation, filling or similar disturbance of the surface of land including without limitation, change of grade, stream bed, ground level or drainage pattern; (d) the clearing, marring, defacing or damaging of trees, shrubs, or other growing things, (e) the landscaping or planting of trees, shrubs, lawns or plants; or (f) any change or alteration, including without limitation, any change of color, texture or exterior appearance from any previously approved Change in Property. 14.2 Certain Special Objectives. The Association shall have complete discretion to approve or disapprove any Change in Property. In exercising such discretion, the Association shall keep the following objectives in mind, among others: To carry out the general purposes expressed in this Declaration; to prevent violation of any specific provision of this Declaration; to prevent any change which would be unsafe or hazardous to any person or property; to minimize obstruction or diminution of the view of others; to preserve as much as possible visual continuity of the area and to minimize marked or unnecessary transition between improved and unimproved areas and any sharp definition of boundaries of property ownership; to assure that any change will be of good and attractive design and in harmony with the natural setting of the area and will serve to preserve and enhance existing features of natural beauty; to assure that materials and workmanship for all improvements in the area are of high quality comparable to other improvements in the area; and to assure that any property will require as little maintenance as possible so as to assure a better appearing area under all conditions, 14.3 Conditions Precedent to Approval. Prior to expenditures of any substantial time or funds in the planning of any proposed Change in Property, the Owner of the property shall advise the Association in writing of the general nature of the proposed change; shall, if requested by the Association, meet with a person or persons designated by the Association to discuss the proposed change; shall read or become familiar with any guides or guidelines which may have been prepared or formulated by the Association; and shall, if requested by the Association furnish the Association with preliminary plans and specifications for comment and review. After the nature and scope of a proposed Change in Property is determined and prior to the commencement of work to accomplish such change, the Association shall be furnished in duplicate, by the Owner of the property, with a complete and full description of the proposed change in writing and with a plot plan covering the particular parcel of property, drawn to such scale as may be reasonably required by the Association, showing all boundaries, showing existing and proposed contour lines and elevations et reasonably detailed intervals, showing all existing and proposed i.-prcvements, showing the existing and proposed utility and sanitation facilities and showing the existing and proposed substantial trees or shrubs. There shall also be furnished to the -32- brim( 673 r cf622 Association by any Owner of property any and all further information with respect to the property or the proposed Change in Property which the Association may reasonably require to permit it to make an informed decision on whether or not to grant approval to the change. If the drainage pattern of any property will be affected by a change, the Association may require submission of a report on the effect by a qualified engineer or geologist. With respect to all buildings and other structures, the Association may require submission, in duplicate, of floor plans, elevation drawings, and final work drawings, all drawn to such scale as may be reasonably required by the Association; descriptions of exterior materials and colors and samples of the same; and final construction specifications. Where buildings or structures or other improvements which reasonably require plans and specifications are proposed to be constructed or built, the Association may require that the plans and specifications be prepared by a practicing licensed architect and that a fee of $200 be paid to the Association to cover costs end expenses of review, provided that all or part of the fee may be waived by the Association in its discretion if the plans and specifications furnished are prepared by a practicing licensed architect or are easy to review. No proposed Change in Property shell be deemed to have been approved unless approval is in writing provided that approval shall be deemed given if the Association fails to approve or disapprove a proposed change or to make additional requirements or request additional information within 45 days after a full and complete description of the proposed change has been furnished in writing together with a written and specific request fur approval. 14.4 Prosecution of Work After Approval. After approval of any proposed Change in Property, the proposed change shall be accomplished as promptly and diligently as possible and in complete conformity with the description of the proposed change and with any plans and specifications therefor given to the Association. Failure to accomplish the change within one year after the date of approval or to complete the proposed change strictly in accordance with the description thereof end plana and specifications therefor shall operate automatically to revoke the approval of the proposed change and, upon demand by the Association, the property shall be restored as nearly as possible to its state existing prior to any work in connection with the proposed change. The Association and its duly appointed agents may enter upon any property at any reasonable time or times to inspect the progress or status of any Change in Property being made or which may have been made. The Association shall have the right and authority to record a notice to show that any particular Change in Property has not been approved cr that any approval given has been automatically revoked. 14.5 Assignment of Functions. Any functions to be performed by the Association pursuant to this Article XIV may be assigned by the Association to Declarant or to one or more officers or agents of the Association in whole or in part at any time or from time to time at the sole discretion of the Association. ARTICLE XV Duration; Amendment; Partition 15.1 Duration; Amendment. The covenants, conditions, limitations, restrictions, reservations, liens and charges hereby established shall bind the Real Property within the Project set forth, as follows: (a) Duration - This Declaration shall continue in full force for a term of fifty (50) years from November 15, 1984, after which time the same shall be automatically extended for successive periods of ten (10) years, unless a declaration of termination meeting the requirements of an amendment to this Declaration as set forth in subsection (b) below is recorded in the public records of Garfield County, Colorado. Provided, however, that no such covenants, conditions, limitations, restrictions, reservations, liens and charges, if any, which are subject to the laws commonly referred to as the Rule Against Perpetuities or the Rule Prohibiting Unreasonable Restraints on Alienation shall remain in force and effect for a period beyond twenty-one (21) years following the death of the ourvivors of Jay Yee Jacobson, Ronald W. Johnson or C.T. Spines, and the now living children of said persons. (b) Amendment - Notice of the subject matter of a prcpcsei anendment to this Declaration in reasonably detailed form shall be included in the notice of any meeting of the Association at which a proposed amendment is -33- LOOK G73 PiCEG23 to be considered or in any written ballot submitted to the membership. A resolution adopting a proposed amendment may be proposed by an Owner at a meeting of Members of the Association. The resolution shell be adopted by approval of not less than seventy-five percent (75%) of the Members excerised by their vote or written consent. A copy of each amendment shall be certified by at least two officers of the Association and the amendment shall be effective when recorded in the public records of Garfield County, Colorado; provided further, that any of the following amendments to be effective must also be approved in writing by the record holders of Mortgages on not less than three-fourths (3/4) of the Units in the Project which are encumbered by a Mortgage: (i) Any amendment which affects or purports to affect the validity or priority of Mortgages or the rights or protection granted to Mortgagees; (ii) Any amendment which would necessitate a Mortgagee after it has acquired a Unit through foreclosure to pay more than its proportionate share of any unpaid assessment or assessments accruing prior to such foreclosure; (iii) Any amendment which would or could result in a Mortgage being cancelled by forefeiture, or in the individual Units not being separately assessed for tax purposes; (iv) Any amendment relating to the insurance provisions hereof, or to the application of insurance proceeds, or to the disposition of any money received in any taking under condemnation proceedings; (v) Any amendment which would alter the proportionate ownership interests, rights and easements of the Unit Ownern in the Common Elements from the interests, rights and easements established hereunder or to be established with respect to annexed Real Property pursuant to Article V hereof; provided, however, that the changes of interests, rights or easements contemplated herein shall not be considered to be a change in proportionate interest hereunder; (vi) Any amendment which would effect a partition of a portion or all of the Common Recreation Reserve; (vii) Any amendment which would materially change Articles XIII or XIV hereof; and (viii) Any amendment that would effect a termination of the condominium form of ownership with respect to Condominium Parcels within the Project. A certificate, signed and sworn to by two officers of the Association, that at least seventy-five percent (75%) of the members have either voted for or consented in writing to any amendment adopted as above provided, when recorded, shall be conclusive evidence of such fact. The Aaaociaticn shall maintain in its files the record of all such votes or written consents for a period of at least four (4) years. ARTICLE XVI Enforcement; Waiver 15.1 Effect of Covennnts. Each provision of this Declaration, and any agreement, promise, covenant and undertaking to comply with each provision of this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision of this Declaration shall: (a) be deemed incorporated in each deed or other instrument by which any right, title or interest in the Project or in any Unit is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument; (b) by virtue of acceptance of any right, title or interest in the Project or in any Unit by nn Owner, be deemed accepted, ratified, adopted and declared as a personal covenant of such Owner, and as a personal covenant, -34- LOOK 673 F CEG2i shall be binding on such Owner and such Owner's heirs, personal representatives, successors and assigns, and shall be deemed a personal covenant to, with and for the benefit of the Association but not to, with or for the benefit of any other Owner: (c) be deemed a real covenant by Declarant, for itself, its successors and assigns, and also an equitable servitude, running, in each case, as a burden with and upon the title to the Project and each Unit and, ea a real covenant and servitude for the benefit of the Project and each Unit; and (d) be deemed a covenant, obligation and restriction secured by a lien in favor of the Association burdening and encumbering the title to the Project and each Unit in favor of the Association. 16.2 Enforcement. Violation or breach of any covenant, condition or restriction herein contained shall give the Association, the right to enter upon the property upon or as to which said violation or breach exists and to summarily abate and remove, at the expense of the Owner thereof, any structure, thing or condition that may exist thereon contrary to the intent and meaning of the provisions hereof, and/or shall give to the Association or the Owner of any Unit, including Declarant, the right to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these covenants, conditions or restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. 16.3 Waiver of Enforcement. The failure of the Association or the Board to insist, in any one or more instances, upon strict performance of any of the covenants, conditions, limitations, restrictions, reservations, liens and charges es set forth in this Declaration, or to exercise any right or option herein contained, or to serve any notice or institute any action shell not be construed as a waiver or relinquishment, for the future, of such term, of such covenant, condition, limitation, restriction, reservation, lien or charge shall remain in full force and effect. The receipt and acceptance by the Board of assessment from an Owner, with knowledge of the breach of any covenant hereof, shall not be deemed to waiver such breach, and no such waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing end signed by the Board. ARTICLE XVII General Provisions 17.1 Severability. If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word or the application thereof in any circumstances be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration and the application of any such provision, paragraph, sentence, clause, phrase or word in any other circumstances shall be not affected thereby. 17.2 Succession. This Declaration shall be binding upon, and shall inure to the benefit of, the heirs, personal representative, successors and assigns, of Declarant, and the heirs, personal representatives, grantees, and assignees of each Owner. 17.3 Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shell be deemed to have been properly sent when mailed, postage prepaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. 17.4 Captions. Section and other headings are inserted for convenience only and are not intended to be a part of this document or in any way to define, limit or describe the scope or intent of the particular section to which they refer. 17.5 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of the Project and shall not be construed to interfere with or prevent the sale, conveyance, transfer, or encumbrance of any Unit— -35- BOOK 673 P.GEti; 17.6 Acceptance of Provisions of A11 Documents and Obligations of Owners and Members. The conveyance or encumbrance of any Unit shall be deemed to include the acceptance of all of the provisions of this Declaration, the Association Articles, By -Laws and Rules and Regulations, and all shall be binding upon each Owner or encumbrancer without the necessity of inclusion of such an express provision in the instrument of conveyance or encumbrance. Each Owner or Member shall cause the Association to exercise all of the powers and privileges and perform all of the duties and obligations of the Association as set forth in this Declaration, the Association's Articles, By -Laws, Rules and Regulations. 17.7 Colorado Law. The provisions of this Declaration shall be interpreted in accordance with and shall be in addition and supplemental to the Colorado Condominium Ownership Act, and all other appropriate provisions of law. 17.8 Incorporation by Reference. Exhibits "A" through "E" and attached hereto are hereby expressly made a part hereof and incorporated herein by reference. 17.9 Copies. Copies of this Declaration may be furnished to the Unit Owners upon request from time to time and the Association may assess a reasonable charge therefor. IN WITNESS WHEREOF, Declarant has executed this Declaration on the day and year first above written. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION, INC., A Colorado Not -for -Profit Corpo•'ation ent �(r r Secretary 7 r The fc egoing instrument was acknowledged to before me this 1,,{ day of LI ! I , 19 Z-5-by.� f I71Ot .r 17) i e h f as President and ]i3O r E. as Secretary of Ranch et Roaring Fork Homeowners Association, Inc., a Colorado not-for-profit Corporation. WITNESS my hand and official seal. • My commission expires: Au?c, s 4- . q, i qM ' ,f •... fir• Notary Public r f r clo . Address d aoOK 673 r cf 626 CERTIFICATE OF AMENDMENT The undersigned two officers of the Ranch at Roaring Fork Homeowners Association, Inc., a Colorado not-for-profit corporation, hereby certify that the foregoing Second Amended Declaration of Covenants, Conditions, Limitations, Restrictions, Reservations, Liens and Charges for Ranch at Roaring Fork (the "Second Amended Declaration") was adopted as an amendment in full to the Declaration of Establishment of Covenants, Conditions, Limitations, Restrictions, Reservations, Liens and Charges for Ranch at Roaring Fork Condominiums, a Resort Condominium Project, dated October 11, 1973, and recorded October 23, 1973, in Book 451 at Page 4B of the records in the office of the Clerk and Recorder of Garfield County, Colorado, (the "Original Declaration") and the Amended Declaration of Covenants, Conditions, Limitations, Restrictions, Reservations, Liens and Charges for Ranch at Roaring Fork (the "Amended Declaration") dated October 10, 1977, and recorded October 26, 1977, in Book 502 at Page 82 of the Garfield County, Colorado Books and Records in accordance with the provisions of the Original Declaration and the Amended Declaration and the undersigned further certify that Owners (as defined in the Original and Amended Declarations) holding et least seventy-five percent (75%) of interests, rights or easements in the Common Recreation Reserve have either voted for and consented in writing to the foregoing Second Amended Declaration as an amendment in full to the Amended Declaration and that record holders of mortgages (as defined in the Original Declaration and Amended Declaration) of not less than seventy-five percent (75%) of the Units in the Project which are encumbered by a mortgage have approved the foregoing Seconded Amended Declaration in writing as an amendment in full of the Original Declaration and Amended Declaration. DATEDt✓c)*;;)1?c.j Se7�retary of Ranc at oaring Fork Homeowners Association, Inc. res o Ranc a Dari Ho •wn s Association, In STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing Certificate of Amend,ment was acknowledged before _ii me this 12 n day of JL1 iy tct ..984'by J.J. Dfehj as President and 30c n E . A cr• !,c as Secretary of Ranch at Roaring Fork Homeowners Association, Inc., a Colorado not-for-profit corporation. Witness my hand and official seal. My commission expires: A Ll • 2 1/, 19SL-- Rotary Public Ci 8r SaO fnGre_S Ce, re! dr, F/4..2- 3 Address -37- EXHIBIT A BnaK 673 FNGE621 DESCRIPTION - RANCH AT ROARING FORK - ENTIRE RANCH A tract of land in portions of Sections 25, 26, 35 and 36 of Township 7 South, Range 88 West of the 6th Principal Meridian and a portion of Section 31, Township 7 South, Range 87 West of the 6th Principal Meridian more particularly described as follows: Beginning at a point on the southerly right-of-way line of State Highway 182 whence the NW corner of said Section 31 bears N 32°51'13" W 751.67 feet; thence S 00°07'35" W 1281.30 feet along a fence line; thence S 89°52'42" W 405.26 feet along a fence line to the west line of said Section 31; thence S 00°00'33" W 733.27 feet to the East 1/4 corner of said Section 31; thence 5 89°49'35" W 383.84 feet along the south line of Lot 10 of Section 36, Township 7 South, Range 88 West of the 6th Principal Meridian; thence S 00°29'14" E 561.49 feet along the East line of Lot 19 of said Section 36; thence S 88°31'40" W 1804.94 feet along the south line of Lots 19 and 16 of said Section 36; thence N 00°26'40" W 602.39 feet along the west line of said Lot 18; thence N 00°45'20" W 697.53 feet along the west line of Lot 11 of said Section 36; thence S 89°12'48" W 494.20 feet along the south line of Lot 8 of said Section 36; thence 5 89°03'22" W 2694.94 feet to the west line of said Section 36; thence N 00°29'05" W 45.0 feet; thence M 68031'45" W 365.56 feet; thence N 46°12'00" W 319.70 feet; thence 5 86°28'00" W 89.20 feet; thence N 80°51'00" W 163.90 feet; thence N 00°19'34" W 887.66 feet to the NW corner of Lot 18 of Section 35, Township 7 South, Range 88 West of the 6th Principal Meridian; thence S 89°58'56" W 1837.99 feet along the south line of Lot 1 of said Section 35; thence S 89°50'45" W 790.72 feet along the south line of Lot 2 of said Section 35; thence N 00°47'06" E 796.76 feet along the west line of said Lot 2; thence N 03°46'34" E 454.98 feet along the west line of Lot 14 of Section 26, Township 7 South, Range 88 West of the 6th Principal Meridian; thence 5 85°48'37" E 1274.34 feet; thence 5 83°46'17" E 49.07 feet to a fence corner; thence N 01°43'05" E 140.16 feet along a fence line; thence S 89°11'37" E 514.37 feet; thence N 11°58'00" E 116.00 feet; thence S 72°51'30" E 1133.47 feet; thence 5 74°33'00" E 469.13 feet to the east line of Section 26, Township 7 South, Range 88 West of the 6th Principal meridian; thence North 152.76 feet to the southerly right-of-way of Colorado State Highway l8F; thence along said right-of-way 479.23 feet on the arc of a curve which subtends a chord bearing S 78°43'26" E 579.17 feet; thence along said right-of-way S 80°10'00" E 5321.86 feet to the point of beginning, containing 418.1 acres more or less. A tract of land contained in part of Lot 16, Section 25, and part of Lot 1, Section 36 of Township 7 South, Range 88 West of the 6th Principal Meridian and part of Lot 10 of Section 30 and portions of Lots 16 and 17 of Section 31 of Township 7 South, Range 87 West of the 6th Principal Meridian more particularly described as follows: Beginning at a point common to the northerly right-of-way of State Highway #82 and the westerly line of said Lot 1 of Section 36 whence the NE corner of said Section 36 bears N 68°55'04" E 919.71 feet; thence along the westerly line of said Lot 1 of Section 36 N 00°32'53" W 339.71 feet; thence along the wester-ly,line of said Lot 16 of Section 25 N 01°46'55" E 225.14 feet to the center of the Basin Ditch; thence along the center line of said Basin Ditch on the following courses: N 82°05'47" E 136.17 feet; N 74°29'14" E 157.24 feet; N 84°24'02" E 116.20 feet; S 87°40'58" E 108.79 feet; S 78°20'46" E 164.57 feet; S 69°21'46" F 137.13 feet; 5 74°09'28" E 87.48 feet; S S2°34'16" E 93.38 feet; S 71°33'37" E 74.67 feet; S 85°33'55" 115.33 feet; N 87°27'35" E 81.84 feet; thence S 01°17'56" E 355.60 feet from the center of the Basin Ditch; thence S 00°00'21" E 348.28 feet to a point on the North right-of-way line of State Highway #82; thence td 80°10'00" W 1275.16 feet along the North right-of-way line of State Highway #82 to the point of beginning, containing 19.53 acres, more or less and subject to the Basin Ditch as built and in place. ---- I i ME MS MI N N i - a --- Ci X 9 E n 2 O 3'IVDS 011-IdVB& ST. FINNBAR WASTE WATER PLANT LOCATION HICH CL&NW1T ENONEER010 929 COOPER AYETAIE CLENW000 Br4>OHCS CO 61601 � 11� PH(070) 45-6676 PYf9701 WS -2555 DCS IP0 H0 DR. HUS CK. FiEvISioN Bx DATE 5/6/97 FICC' HET-FLD In I I M M I 11= I M = = = N all E 3+35 $I 7MMOh1Y1S 5MIMd;UYj$ 3 km IR is It M.N. A2 STA 0 01 ITA 6 55.2 NV. N 6 50.52 A3—A2 NV. N 6 50.52 61—A2 NV. Io UT 250.32 A2—A1 as .Il II1 STA 426 RIAs '255. 6 INV. IN .251.58 02-01 INW_611j_ 6251.38 61—A2 BTA. 2+50 MATCH TO SHEET 4 OS DIHdYE� STA 2+50 MATCH TO SHEET 4 NOLL33S NOIIVIS 1 !e. 2Y 16 6 j 3 111 ' 1. ;' 1^-3 aea� a 1a g k ! i R k F 4" xP a a E} 4 ;•F s ST. FWNBAR FARM SUBDMSION SANITARY SEWER PLAN AND PROFILE DE5. JTN DR. JTN CN. TPB DATE S/5/R) F I LE;SAI -PP ATE itcox 673 P"GzC2S EXHIBIT H DESCRIPTION - RANCH AT ROARING FORK _ COMMERCIAL PARCEL A tract of land situated in Section 36, Township 7 South, Range 88 West of the 6th Principal Meridian being more parti- cularly described as follows: Beginning at a point whence the northeast corner of said Section 36 bears N 76°15'33" E 1883.81 feet; thence 5 56'40'00" W 249.78 feet; thence N 44°25'00" W 100.00 feet; thence S 55°45'00" W 150.00 feet; thence N 47°50'07" W 119.52 feet; thence N 38°51'53" W 218.33 feet; thence N 67°11'43" W 45.46 feet; thence North 202.43 feet to a point on the sourtherly right-of-way of State Highway No. 82; thence along said southerly right-of-way S 80°10'00" E 671.23 feet; thence leaving said southerly right-of-way on a course bearing S 27'20'41" W 84.36 feet; thence along the arc of a curve to the left 109.29 feet, the chord of which bears S 09°21'19" E 101.97 feet: thence S 46°03'19" E 43.00 feet to the point of beginning, con- taining 4.73 acres more or less. booK 673 r CEE329 EXHIBIT C DESCRIPTION - RANCH AT ROARING FORK - COMMON RECREATION RESERVE That portion of the real property described in Final Plat for Phase I, Roaring Fork Ranch as recorded in Book 3 at page 92 in the Office of the Clerk and Recorder of Garfield County, Colorado, more particularly described below: A tract of land contained in portions of Section 36, Township 7 South, Range 88 West, and Section 31, Township 7 South, Range 87 West, of the 6th Principal Meridian, also being a part of Phase 1 - Roaring Fork Ranch Planned Unit Development, County of Garfield, State of Colorado, more particularly described as follows: Beginning at a point on the Southerly right-of-way of Colorado State Highway No. 82 whence the NW corner of said Section 31 bears N 29°52'41" W 718.24 feet; thence 5 00°07'35" W 603.98 feet: thence N 80°10'00" W 57.98 feet; thence N 52°04'00" W 210.00 feet; thence N 69°00'00" W 575.00 feet; thence 5 18°30'00" W 240.00 feet; thence N 80035'00" W 110.00 feet; thence along the arc of a curve to the right having a radius of 75 feet and a chord bearing N 52°47'30" W 69.94 feet; thence along the arc of a curve to the left having a radius of 125 feet and a chord bearing N 40°49'40" W 68.19 feet; thence N 56°39'19" W 50.00 feet; thence N 37°29'21" E 63.56 feet; thence N 01°19'19" W 130.03 feet: thence N 37'27'53" W 134.81 feet; thence N 80°16'20" W 248.57 feet; thence N 84°27'31" W 403.89 feet; thence N 58°28'51" w 212.33 feet; thence S 12°48'15" W 45.12 feet; thence 5 46°26'11" W 37.10 feet to the Northerly right-of-way of Stagecoach Lane in Phase 1 - Roaring Fork Ranch Planned Unit Development; thence along said right-of-way TJ 46°03'19" W 257.10 feet; thence along said right-of-way along the arc of a curve having a radius of 35.31 feet and a long chord bearing N 09021'19" W 42.20 feet; thence N 27020'41" E 100.14 feet along said right-of-way to the Southerly right-of-way of Colorado State Highway 82; thence along the Southerly right-of-way of Colorado State Highway 82 S 80°10'00" C 2176.81 feet to the point of beginning. AND The real property described in Final Plat for Phase III Roaring Fork Ranch as recorded in Book 3 at page 106 in the Office of the Clerk and Recorder of Garfield County, Colorado. bOGK 673 f.0E630 E7 111 3l'r n DESCRIPTION - RANCH AT ROARING FORK - CONDOMINIUM PARCEL NO. 1 A tract of land contained in part of Section 36, Township 7 South, Range 88 West of the 6th Principal Meridian. Also being part of Phase i Roaring Fork Ranch, Planned Unit Development County of Garfield, State of Colorado, more particularly described as follows; Beginning at a point on the Northerly right-of-way line of Stagecoach Lane of said Planned Unit Development whence the NE corner of said Section 36 bears N 34°36'00" E 1211.71 feet; 'thence along said right- of-way N 56°39'19' W 50.00 feet; thence along the right side of a 14 -foot drainage easement on the following courses; N 37°29'21" E 63.56 feet; N 01°19'19" W 130.03 feet; N 37°27'53" W 134.81 feet; N 80°16'20" W 248.55 feet; N 84°27'31" W 403.89 feet; N 58°28'51" W 212.33 feet; S 12°48'15" W 45.12 feet; 5 46028'11" W 37.10 feet to the Northerly right-of-way of said Stagecoach Lane; thence along said right-of-way S 46003'19" E 90.00 feet; thence S 43°26'41" W 50.00 feet to the Southerly right-of-way of said Stagecoach Lane; thence along the Southerly right-of-way on the arc of a curve having a radius of 393.46 feet and a chord bearing S 53°21'22" E 100.00 feet; thence S 08°00'00" W 170.00 feet; thence 5 88°24'00" E 172.00 feet; thence 5 83°12'00" E 290.00 feet; thence S 56°51'00" E 378.94 feet; thence N 33°20'41" E 162.17 feet to the point of beginning, containing 6.67 acres, more or less, and subject to a 10 -foot drainage easement, said easement being 5 feet on each side of a center line described as follows: Beginning at a point on the Southerly right-of-way line of Stagecoach Lane whence the NE corner of said Section 36 bears N 37°02'36" E 1264.03 feet; thence 5 33°20'41" W 8.05 feet; thence S 10°10"59" W 113.31 feet to the Southwesterly boundary of Phase 1 Planned Unit Development. nn►; i)(n ": TIIEIT r DESCRIPTT_C:: -', ion AT POAFINC; FCP`: - PARCEL NO. 2 A part of Lots 2 and 8 in Section 36, Township 7 South, Range 88 West of the 6th P,td., described as follows: Beginning at a point on the South right of way line of Stagecoach Lane whence the Northeast corner of said Section 36 bears Borth 76° 15' 33" East, 1863.81 feet thence South 46° 03' 19" East, along said right of way line, 162.86 feet to the Northwest corner of a tract conveyed to Jacobson by deed recorded in Book 479 at Page 97; thence, along the West line of said Jacobson tract, the following courses and distances: South 6° 55' 30" West, 214.79 feet; along a curve to the right hawing a radius of 433.34 feet and a central angle of 70 55' 14" (the long chord of which bears South 10° 53' 07" West, 53.846 feet), an arc distance of 59.9 feet; and South 14° 50' 1i1" Fest, 41.3)F feet; thence North 67° 02' 16" West, 140.89 feet; thence North 47° CO' 34" West, 80.66 feet; thence I;orth 65° 33' 21" West, '8.33 feet; thence North 59° C2' 10" West, 46.65 feet; thence North 66° 09' 40" West, 141.03 feet; thence North 47,° 49' 59" West, 9'».99 feet to a point on the boundary of a tract conveyed to Jacobson by deed recorded in Book 481 at Page 660; thence, along the boundaries of said Jacobson tract, the following courses and distances: North 55° 45' East, 150 feet; South 44° 25' East, 100 feet; and North 56° 40' East, 249.78 feet to the point of beginning, Garfield County, Colorado, which parcel of land is also known as Parcel 1 as set forth on Final Plat, Phase 11, Town Center and "D" Units, Roaring Fork Ranch, Garfield County, Colorado, as recorded on March 14, 1978 in the records of Garfield County, Colorado, as Document No. 284067 at Cabinet No. 1, Page 61B. MEMORANDUM OF UNDERSTANDING Memorandum of Understanding dated December t14, 1995 ("MOU"), between St: Finnbar Land Company, a Colorado corporation, 225 N. Mill Street, Aspen, Colorado 81612 ("St. Finnbar") and the Ranch at Roaring Fork Homeowners Association, Inc., 14913 Highway 82, Carbondale, Colorado 81623 ("the Ranch"). The parties wish to set forth herein an outline of the principal terms of an agreement pursuant to which the Ranch would furnish waste water treatment services for up to fourteen single family residential properties lots on the St. Finnbar property adjacent to the Ranch, each of which may include a caretaker unit. These include the following: 1. The Ranch will proceed expeditiously with the legal work needed by it to determine (1) whether the Ranch would be a "public utility" under the proposed arrangement (the governing documents of the Ranch prohibit the Ranch from providing service if this would cause the Ranch to be a public utility); (2) whether there are other constraints or special requirements for votes of members in the Ranch's governing documents that must be complied with or which would prevent the Ranch from entering into, and being bound by any Definitive Agreement and what actions must be taken to comply with any applicable requirements; (3) whether or not the formation of a special improvement district would be desirable in order to facilitate the provision of services to St. Finnbar and, if the Ranch determines that to be the case, the establishment of the district and the preparation of related documentation; (4) the terms of any agreement with St. Finnbar; and (5) the identification and granting of any easements necessary to provide service to St. Finnbar. (a) St. Finnbar agrees to pay 50% of the cost of such legal services (excluding services provided by St. Finnbar's counsel or members of the Ranch board). St. Finnbar shall advance $5,000 to the Ranch at the time of execution of this MOU for that purpose. Any portion of this amount not required for this purpose shall be credited to St. Finnbar at the time of execution of the Definitive Agreement referred to below. St. Finnbar shall be entitled to copies of all research memorandum, work product or documents performed or prepared by legal counsel regarding items (1), (2), (3) and 5 herein. (b) Legal counsel for performance of the services described in clauses (1), (2), (3) and (5) of this Section 1 shall be selected by the Ranch, subject to the reasonable approval of St. Finnbar, and shall be independent of the Ranch aG PJ„�L%1.58575.ci P75 x.ee 1 s 11 1 1 1 and its other counsel. Legal counsel under this Section 1 shall be engaged under written fee agreements which shall be subject to the reasonable approval of St. Finnbar. 2. When the legal work is satisfactorily completed to the mutual satisfaction of the parties, the Ranch will then proceed expeditiously to complete the final design and construction of the improvements to its existing waste water treatment plan which are outlined in the Predesign Report dated April 12, 1995, prepared by McLaughlin Water Engineers, Ltd. (the "Improvements"), a copy of which has heretofore been furnished to St. Finnbar. 3. St. Finnbar shall pay tap fees equal to $7,500 per EQR or4raction thereof for a minimum of 18 EQRs and a maximum cf 30 EQRs, for service to not more than 14 single family homes. For this purpose, one EQR shall be deemed to consist of a single L•family residence with up to three bedrooms and two baths; each additional bath or bedroom of the residence or caretaker unit shall be deemed to be the equivalent of an additional 0.2 EQR. 4. Payment for tap fees shall be made as follows: $75,000, representing ten EQRs, at the time of executing the Definitive Agreement; $60,000, representing an additional eight EQRs on the later of the date upon which construction of the Improvements commences or capacity is available for at least nine homes; and not less than $7,500 for each additional EQR or fraction thereof on or before the date upon which the additional capacity for such EQRs is requested by St. Finnbar and is available and no later than 5 years after the date of the Definitive Agreement; provided that, in any event, payment in full for the related tap fees shall be made prior to commencement of service for any improvement on the St. Finnbar land. 5. At St. Finnbar's election, the payments of $75,000 and $60,000 may be placed in escrow with Alpine Bank pursuant to mutually agreeable escrow instructions providing for disbursement of such amounts solely for design and construction of the Improvements, as authorized by the engineer supervising construction of the Improvements. 6. The Ranch or the special district if applicable shall be responsible for obtaining all required governmental approvals and permits necessary in connection with construction of the Improvements. 7. St. Finnbar shall be responsible for the cost, construction and maintenance of and for obtaining easements for all sewer lines and other improvements required to connect the St. Finnbar properties with the Ranch's main sewer line. All such construction by St. Finnbar shall be in accordance with w'+Mri5C.6e6 r 6 41;41 6,6266 -2- specifications prepared by McLaughlin Water Engineers. Each party shall designate an engineer to represent it in overseeing the construction on the St. Finnbar property, including the connections between each residence and the main sewer line, to confirm compliance with such specifications. 8. Subject to prior execution of the Definitive Agreement, the Ranch shall provide interim service to St. Finnbar's properties commencing thirty days after completion of the work provided for in the previous paragraph and after request by St. Finnbar. Such service shall be provided pursuant to the terms of the Definitive Agreement through utilization of a portion of the Ranch's current capacity which is reserved for future development on certain properties located within the Ranch, and shall satisfy the capacity requirement in Section 4 hereof. 9. The parties agree that they will seek to negotiate expeditiously a Definitive Agreement containing mutually satisfactory terms providing for the services contemplated hereby, including the obligations of the Ranch to complete the Improvements and provide the services required by St. Finnbar and the obligations of St. Finnbar to pay tap fees and maintenance charges in consideration for such services and to comply with all necessary or desirable operating and maintenance requirements. Maintenance and operating charges and charges for future upgrades and capital improvements shall be allocated pro rata, on the basis that residential units on the Ranch shall be deemed to utilize one EQR each. The Definitive Agreement shall contain terms and conditions generally consistent with those in this MOU and such other provisions as are customary in agreements for the provision of such services or as are mutually agreed upon by the parties. 10. The Definitive Agreement shall be subject to approval of the Board of Directors of the Ranch and a majority of the owners of properties located within the Ranch (or such greater vote as may be required under the governing documents) and to receipt by St. Finnbar of preliminary plan approval from Garfield County. 11. If the Definitive Agreement has not been executed by both parties on or before prH (s+- , 1996, this MOU shall terminate and the parties shall' thereupon be released from all further obligations and responsibilities hereunder, except for the payment,of legal fees pursuant to paragraph 1(a), provided, that both parties shall have the right to copies of all research memoranda and other work product prepared by counsel selected pursuant to Section 1(a) above. -3- IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the date first set forth above. THE RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION By: Q President ST. FINNBAR LAND COMPANY, a Colorado Corporation RONALD GARFIELD' ANDREW V. HECHT" NtICHAEL J. HERRON"' DAVID L. LENYO NIATTHEW C. FERGUSON' KRISTI S. FERRARO"" `alio admitted to New York Bar • • also admitted to D:strrct or Columbia Bar •" also admitted to Florida Bar ""1.40 admitted to PennsyNan,a Bar GARFIELD & EEC1-IT, P.C. ATTORNEYS AT LAW VICrOR:AN SQUARE BUILDING 601 EAST HYy1AN AVENUE ASPEN, COLORADO 81611 December 9, 1996 Via Facsimile to (970) 963-9243 and First Class Mail Ranch at Roaring Fork Homeowners Association, Inc. 14913 State Highway 82 Carbondale, CO 81623 Re: Sewer Service Agreement Ladies and Gentlemen: TELEPHONE (970) 925-1936 TELECOP1ER (970) 925-3008 E-mail gancec'-,:?.rof.net As you know, we represent St. Finnbar Land Company (the "Developer'). Reference is made to that certain Sewer Service Agreement dated October 31, 1996 between the Ranch at Roaring Fork Homeowners Association, Inc. (the "Ranch") and Developer. Reference is further made to Paragraph 14 Conditions Precedent to Continuing Effectiveness of Azreement of the License Agreement and, in particular, Paragraph 14a. requiring the Ranch to obtain various approvals in order to effectuate and carry out the Sewer Service Agreement. Paragraph 14c. of the Sewer Service Agreement provides that, if such approvals are not obtained by November 1, 1996, the Sewer Service Agreement may be terminated by either party upon written to the other. As of this date, it is undisputed that the approvals required to be obtained by the Ranch under said Paragraph 14 have not been obtained and, accordingly, Developer, by this letter, hereby exercises its right to terminate (and does terminate) the Sewer Service Agreement. Fz:-dirl , .::Pies, .,"y^. (V.3 '3 ..,.ie -James :..Wing (Via Very truly yours, GARF1 HECHT, , P.C. Ronald Garfield l Fir: war . rcwer'_ l7 ......--........ _ (this "Agreement") 1.S execLtec h_s day c` _ _ , :936, by and between the RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION, INC., a Coloradc non-profit corporation (the "Ranch" and ST. FINNBAR LAND COMPANY, a Colorado cc coratic:; (the "Developer") (collectively, the "Parties"). RECITALS residential.''..'_=Ranch 'S the }:O:;:co;,'//]'i '-'e" asso..?....t_�.' _,-.r a community :no n - s "The e Ra ch at P.oa_ -. Fork, , la :coated _to -n the County . �•: - f Garf _ State of Co l oraw.. t..� "Ranch v / Property"). .; s and cr e= es a ....... ..e`...=tar :re- _ plant and :e1 te7 fay , a o'd t .^.ar c es c. i 1 cr'-' .... SyS7_75 _ he "Ex st-nc Facilities") _-es") cn and atout theRanch _ ` benefit of the c::hers thereof. C. `?'`_:e neve_opa__s the c;:rer cf certa.. _ . -_ located ocated i.. the Co:... v of Garfir , State ...- Color Dart'iculariy described in Exhibit A attached h:c and incorporated here-.. by this reference (the " "Deve Property"), which Developer e- - ro.tierty lies adjacent to the Ranch - ert. . D. The{ Developer Developer /-}s�j in the DrccessQ c �' _ _4 _tG 7-7d pia ina the Develcp__ :roc'erL. `y , and in connec._v.. there -,:it , L ie Develcner needs to obtain certain governmental approvals and permits; in order to obtain such approvals .als and permits, __, _eve- per rust oe cn'Strate that wastewater cc1 ' C.^. and t`_`�at..e..= s r':ices ("Sewer Service") ill to availabe to the revel er - - _- _ . E. ,..e ::'e'tie_ooer ..as requested, and the Ranch has ee, to provide, soh Sewer uer „ice to the D`vel e_ _ - •-- , an the Parties desire to Cat _:rt.. their -creane- t reoar...i. _._ ___ms covenants and under Se'.:er --- provided. NOW, `or and _n cons :era o -on c-.. mm c.=c and the ccvena^ts her=_..t=,r _et forth, the =arc_es a,ree as Infrastructure _ - c., . e.. e n tsa d Cost.-7-.1looa l e . =X1 -7.7:7,C Faci 7rorovenent and ',ever+,-- ro ac :_.. . Portions of W.._ ...,....--- ..-es nee : . e 1. "'rc''.... , "a" or u'"araded and, , -r. ss . can be e.:oanded cr wr to crc... i.".,=.. Se:er. Seri•.. .- -.� ere- y_ _ rower 1 -he " _ _ . _7e .... _ _ _" .-:e 4.,.... _:.: _, -, . L'r 7ro_.rte. .._-1 Lo - n, y h,:, =o? v . - _ _, v= t _ fees _..ent:,r .._=: _., _._ :::, _ _., . _. addition for the _, rove-ent Project, a seY'aoe collection system (the "Developer Collection System") v:_11 need to be des red and constructed on and about the Developer Property, .cluding but not. limited to, co1ecticn lines and other _ 3C7 } w ° cS and appurtenances, and a connecting line will need v,. be designed and constructed within the Ranch Property ("Ccnneoti, _ Main"), in order to provide Sewer Service to the Developer Property. . The Developer Collection System and the Connecting Main snail ce ..lesioned, engineered and constructed at Developer's sole cost and ext'ense. lb. Gon-eo,.ina Main. The Connecting Main will need to be designed and c-cnstructed within the Ranch property to connect the Developer Collection System to the nearest existing main on the Ranch Property in the cul de sac at the end of Sta;°eccao.. Lane. The Connect_n Ma_.. _s expectet to traverse through (1) the easement described _.n the -oreer ::...ert _se:'ent Iran_ and Mutual Release dated ..use 2E, 1cS6, recorded in boos: 9 7 at Page 616 of the Garfield Cou real estate records ("Usage Easement" being an easement .ander ..,.,.v,. Developer has the right ,.o use a portion o- the Ranch Property ] acenit to the Developer Property's west boundary ("Develop__ sage Portion") and under ,:hick the owner of the Preshana Proper (as defined in Section 4b) has the right to use a portion of the Ranch Property adjacent to the Preshana Property's west boundary ("Preshana Usage Portion"); (2) through a portion c_` the Ranch's 4Cc=" on Recreation Reserve south of Lot 11, Ranch at Roaring Fork, Phase 5; (3) through the platted utility easements at the rear _ of Lots 11, 12 and 13, Pc -.ch at Pod_ _ng . cr-: Phase 5; (4) t.hro'.gh the easement c.nerd _ =e.__ _ r_ along the south line of Lot i , Ranch at Roaring ForP., ?Masa 5; and () through the cul de sac ':here the existing Ranch rain is located (the "Connecting Main Easement Route"). The Connecting rain willnot be installed in the Preshana Usage Pcrt_cn of the Usage Easement unless the Preshana Owner grants to Developer and the Ranch the richt .. t_ use ...e Freshana Usage Portion for the Connect'. , Ea, n in fora an -4 substance sa __s'ac v,._ t De . _Doper and the Rand::. .vain shall be „.:ned and operated the Ranch and 2eveloper hereby grants tc the Ranch he - , .t to use the sewer line easenent owned by Developer along the south line of Lot 13, Ranch at Roaring Fork, Phase 5 and to use the Usage Easement owned Developer cn the Ranch Property for the Connecting ?`°a_... Notwithstanding the fact that the Connecting Main will be located within the Ranch Property and will be owned and operated the ,.a- c. , the Connecting Main shall be designed, engineered and installed and thereaftermaintained, repaired and replaced at the cost and expense of Developer, acti.ng as agent 7:01-- the crthe Ranch and subject to the direction and a;_ _..-. _i of the Ranch in the exercise e: its reasonable d_sc_ation. Developer, as agent for the Ranch, shall int e. all _CSS c�S' :clamed= an e: endo i_-_t..t_" , r + � + . _nstallaticr maintenance .:a!r b7 neve l c^ -r . The Connect:- c .:air. hall, at ore access i w_e o _.. have %.anh___ access and a rears to Shut ff effluent e:... r�. � the existing Ranch syste`... If the Ranch cr Developer as age: -.t for the Ranch are prevented from installing the Connecting Mair in any portion of the Connecting Main Easement Route as a result of any temporary or pernanentcrder'c_' any court of competent jurisdiction, Developer shall have the right to terminate nate this Agreement by written notice to the Ranch riven before the Ranch has contracted for ccn.structicn of the _. pr ;ver_nt Project, -n which case any payment t b_ Developer of tap fees under Section 1 2 below shall 'be refunded to Developer and both parties shall be released from any furtner ch__Caticns hereunder. The Ranch shall n i. y the Developer at suth tine as it receives 77.rcva_ of at. -east a majority of owners cast._. o votes a; _ .m-ndmert to the Ranch's : ec? ar---:..icn c` .. Covenants,in L.._ attached attached ,.e=eto. as Exhibit C. he Developer shall have forty-five (45) days from the date of such notice wi h:r which to install the Ccnnec t_nc Main. During such forty-five (45) day period^tine, the Ranch 'trees not contract for anv construction of the ir.oroverer.t _ reject, the costs of which would be the obi t1o.^, o the n.eveicpe' if it terminates this Agreement pursuant to this revision. 2. Pro.iect 7esi and Construction. 2a. c_auonlin Role. The Developer acknowledges that McLaughlin Watersneer, Ltd. ("McLaughlin"), -coater engineer for the Ranch,shall design, �enginee r, and supervise construction of the Tmproveren t Project. shall be e -r i - n,- `o retain either YoLaughl'n or its c,:n engineer cr e.ngineerc at its sole expense, to des , enc_- eer .�=nd censtr'.... :on of the Developer Collection Systen an.. the Connecting Main; rrc . id_d t, McLaughlin, Ranch, hehal- of the anch, andDeveloper's at sole cost, shall have rights to (i) review and, based on _easo..ab_e grounds, approve and/or disapprove of the desion and engineeringinns produced by Deva _ ' s engineers, and (ii) inspect `_.,. .._ uct_oh of the Developer Collection system and the Cc...,_. t Main. f McLaughlin disapproves of the D'eve,cper Collection Svst_m or the Connecting Main, shall ape. _ the changes necessary to al.w approval. retia cr reo'_acerent of the Connect'. 2b. . rc-i eCt Des i on a... Construction. .. ith reaso..at_e promptness after receipt of the amount s eC___Ec _.. Sectio.. 3 b. (1) beic-.', rhe Ranch agrees t., cause McLaughlin to finalize its engineer_. studies and produce a final design for the Imorcvenent P.r c-iect , inclusive of detailed cost estimates Lthe H _ . w _esf 1'E Upon del_.'erp cf the _ sect cs_ T ncn shall sane to --- Developer s::a__ have twenty 0) calendar -is to deliver env comments or suggested changes to the R?.,: r , in writing.=he Ranch covenants t.. give reasonable consideration to such cp '"er:ts or sugcested changes, but reserves the right to approve the te Projec Ranch's in its sole discretion. ion the Rai's approval of the Project Design, and upon receipt from Developer cf the amounts specified in Sections 13 b. (1) and 13 b. (2) below, the Ranch shall construct, or cause to be constructed, the Improvement Project. ject. Developer shall construct, or cause to be constructed, the Developer Collection System and the Connecting Main. The Ranch and the Developer shall each be responsible for obtaining, at their respective ccst; all required permits and approvals for performance of their respective construction obligations. 1.11 such construction shall be in accordance with applicable laws, building codes and regulations, as well as be,.nc in accordance with plans and spe"ialiens approved by !-:cllauonlin. The Developer shall construct a:nf !n.sta . , or cause to be constructed and installed, at its sole cost and expense, service lines _G serve indi". __al units with_.. the e l eve.- Property. 2c. roper v - 2c. Co c1etion Date for mprcve-e ..t Pro - _c_. The parties hope that the Improvement Project will be completed in 1=397 but understand that there could be delays tht .. _ _ ,..v.._ t~ is not possible. however, the Improvement Project Y _t completed by December 31, .,. 1998, the Developer ay, at its c~t_c--., terminate this Agreement by written notice to the Ranch give.^, before completion of the improvement Project i.^. which case any payments by Developer of tap fees under Section 13 belew shall be refunded 7.2 Developer and both parties hail be released from any further obligations hereunder. 2d. Interi,:. Service to Developer PocA-tv. days after written reouest from, Developer anf sat_siao..__., of the conditions precedent in Section 11 below, including cc. on of the Developer Collection System and the Co....e_ti. thc, Ranch Steell provide Sewer Service _Cr uc to %_.._ ) homes on the Developer Property even though the :mnrbvement Project has not been corpletef, u`' 7' nC existing capacity at the Ranch's Existing Facilities. 3. Desch � .'a lua ti on Li cense . Upon execution hereof, the Ranch, ::cLa';:ghl:'., and their contractors, averts and consultants shall have the r_ .o, after reasonable advance notice to...'v :Developer, to reasonably entero upon the Developer Property, at the expense of the Ranch for the limited :,'.:r•„ -recd ,c i^s est _estirc and exar;inino the Developer Property in connection; with tne design and construction of the _"proveien4 Project (t`a "^cci .fi. a -tion License") . To the extent reasonably v poss _ b _ h. sucentry . utilize -cads and driveways _rays _n placeµyonthe ..c. -.._doer P-cperty and avoid any ho: -es and _mnrcvo ares arA.7,c, wAtlan,:c seas_ ice areas. he Desi c.n./E\'aluat_o.. L_oa se shall e: _re ..... co-:ol et_cn cf the _. rc "em.ero _ rc ct . vs 4 t__.. 1_ce;.se _s c _st;..ct =_ c.., a.,_ _ ere., _ th=n ti = _..S"cct_on Z:..... other _ _;hts under S-...tl:ns 2a., 4a. a..,, 9. c_ this Agreement. 4a. Developer Collection System Easement. Upon commencement cf construction cf the Developer Collection System the Ranch shall have an easement (the "Developer Collection System Easener.t") which shall (i) only be subject tc such tit__ matters and burdens ....at ..cold not materially impair, 1_..._t cr interfere with the Ranch's exercise of any of its ri :,ts ....YrY_.._ar; (ii) allow the Ranch and its contractors, consultants, licensees, employees a::d acents, uYon reasonable not4ce t=' enter upo.^e t.". portion of ..he .-evelcoer Property containing z..e __ve_oper Collection System and, i -reasonably necessary in order t.3 access the Developer Collection System, to enter con adjacer. __ _o ons c� the Develc.ner Property (such entry, to the. extent _ e_scr ably passible, to ut'lize roads and drive.:ays laoe on the ..e ..._aver Property and to avoid 2--27. s and improved areas wetlands an.... .:i1dii e sensitive areas); and (1i') be used ..c monitor and inspect the De4elcPerSvste:- and, as provide_ L. Section below, if the _..._Cs and Regulations have been `:eiooer has teen .,e. ^a ' ,. r untimely it performing L .,._'Cations hereunderr, b= .:sed by the maintain, _.otain, .cerate, repair, replace and clean the Develco=r Collect__„ System. 4b. Presnana h s to C^_7 -e11. At she e_ec=_o., of the Ranch, the c'..-er cr owners of the Preshana Property, as hereinafter defined (the "Preshana Owner") shall have the richt _ 7) connect into and use, for sumer service to the Pres..a..a Preperty, all or aro porton Cf the Conn ctlnc ?:a_n (the "Pres;:,._.... w ci. nt Use = ortion") . And° such connect_«.. and use shall be at the sole c:st end expense of the Preshana Cwner. At that time of any such ry the PreOwner vner s�. _..a_ ~.av ..o Develcpe_ ,, _h= Pr==nana Share, as herein...._ 4er 1.=_ �. � -:':e o:s is toD_e . v yr an.d , if applicable, -e - ci. the oortion of the Connecting _r. within the Preshana :dint .,se . ort_Cn. From and after the time cf anv s c ccr;nect_c. :he Pr. c.,� �;...=" ‹nal_ r=y to 7=v=icp=r the _:es ,ara Share cf th= c::sts to Developar c ra'.._a_...r _repa'rine and replacing the portion of the Connecting the Preshana Join.:: Use Portion and shall be solely responsible for any loss, cost, damage or expense caused by the Preshana Owner and for any breach of, or default under, this Agreement caused ty the Preshana Owner. The ". r=shana Share" s:hai_ -ea:: t_.Y r•oc.o,-tic:-: which the E'c: s on t.. _ reshana Property to the Preshana .point Use Portion, bears to the total _Q Rs connected to the Preshana Joint Use Portion. The "Preshana e_ " snarl mean that certain real prooerty _coated in Garfield u..d_.. on zh= .:est th= R=non Prop:`'_ ori : e outn tn= on the north t . Colorado State nway .... t.._ east ca..,_rine Store a'.' eCu-at_�.r.0. advised Developer, and :,1-.-'- y.f..._.rledges an agrees, t.ra _ :he Ranch is not, and does not ho_.. _`.se__ out as, a public cr rivate utility or as a governmental or c'.:asi-governmental entity. The Ranch shall have, in perpetuity, the right to establish and amend, from time to time, the rules and reculations under which Sewer Service will be provided to the Ranch Property and the Developer Property arid/or other users of the Sewer Service which rules and regulations shall be applicable also to residential users who are members of the Ranch. A copy of the Ranch's initial rules and regulations is attached hereto :as Exhibit E (the "Rules and Regulations"). The Ranch's discretionary power and right to establish and a: -end such. Rules ande'`�re ulations _s subject to the limitation the he Rulesand Regul at :one shall not be amended 70 _teat the Developer Property c___eren..l_v than the Ranch Property except as provided in this Agreement or to unreasonably, materially }' an : adversely (a) aifeca. the provision cf Sewer Service to Deva_ _.er cr (b) increase Developer's costs :or such Sewer Service, except increases which are comparable to increases for single-family homeowners within the Ranch. 6. Develooer'): eo1arat= ns and Covenants, .� e v e` t o p e r expressly consents to the recordation cf this Agreement in the real property records of the County of Garfield, State of Colorado. Developer agrees that it shall, prior to conveying fee simple title to any portion of the Developer property to a third party, cause to be recorded in the real property records of the County of Garfield, State of Colorado, declarations and covenants (the "Declarations and Covenants"), :which, insofar as they relate to or may affect this Agreement or the rights and obligations of the parties hereto, shall be in form and substance reasonably satisfactory to the Ranch and its legal counsel. The Declarations and Covenants shall be binding upon ..Developer, the Developer Property and all subseouent owners thereof and will, at a minimn, (i) co..t__n a separate section entitled "Sewer Se -vice re" which ..--- identify the R7= -Inch and refer tin :h_s reer.en:, th_ ___.. .... the Garfield County real property records at whicn tns .1.oreement is recorded and note that the provision of Se.er Se_y __e to the Developer Property is subject to this . reenen. ; ) _ .. c? n a provision to the effect that Serer Service to the Developer Property is provided by the Ranch which is a private homeowners' association entitled to establish rules and regulations for the provision of such service but which is not subject to rules or regulations affecting pudic uti 1' i es; (iii) expressly re re the acceptance by she homeowners' association for the Developer Property (the "Developer Property Association") without vote Cr ether approval, of an assignment of this Agreement and ass:.. t_ _.. thetv Developer Pre::erty Association of+ each all ^a Developer's cbl o _ ns and rights ghts here.�..aek ; and iv) _ 4 t.. oo.:er t_ e."'._ Ur ce such lien a the - • - _ oLe � _ rc: e_ :. _ _ ^ to _ssessment r hts ..n meet __s c.. -'cat :rs ere�un'der! including ane ,ower _0 _...�+y and r�++ r�a-yy 11 � .. colir'Ct assessments .,cr such purpose need for :":a:"1.:.+e..r approval. 7. Developer's Successors and A.sSiC-s. It is expressly agreed between the Ranch and the Developer that this Agreement creates a `aster service relationship between the Ranch and the Developer, any Successor Developer, as hereinafter defined, and, ultimately, the Developer Property Association. Although this Agreement shall be binding upon Developer's successors and assigns, this Agreement is not• intended to, nor does it, nor shall it at any tine, create a contractual relationship between the Ranch and any party other than Developer, a Successor Developer a,..., the Developer Property Association. Only Developer, a Successor Developer and the Developer Property Association shall have the right enforce ''this Agrees e.. •- cr to snake any claim or have any cause of action against the Ranch cr any of its officers, dir ectcrs , members, attorneys, consultants oremployees arising from or on account of this Agreement. Developer :nay not assign this Agreement or env portion + thereof to any other person cr entity, and any such attempted assignment shall be void and of no effect; provided that, (i) Developer shall be entitled, prior to creating the :_.-eloper PropertyAssociation, to assign this Agreement, in its entirety to a purchaser of all, but not Less than all, of the Developer Property described on Exhibit A (a "Successor Developer"); and (ii) Developer cr any such Successor Developer shall assign Developer's rights hereunder and deleoaze Developer's duties hereunder to the Developer Property Association created pursuant to the Declarations and Covenants, which will be recognized by the Ranch as Developer's successor -in -interest and shall succeed to the entirety of Developer's contractual rights and obligations hereunder. Owners of a lot or unit or other portion of the Developer Property shall be bound by the terrs of this Agreement tut shall have no direct rights to enforce this Acreer^ent cr .......:e any u.C_.n cr have any cause or action against the Ranch under this Agreement. The Developer rrooert`° Association shall at a _ _ ties represent and be the only party entitled to act for such owners and _1 actions of the DeveloperProperty Association shall be binding on such owners. S. System ' anace: err 4 and .:od i _ _c , ^roan cn Special "District. The Ranch reserves the right, fro... tire to tine, in its sole and absolute discretion, to alter, modify, expand, reconstruct, replace Cr contract its sewer syste,. and/or modify, trea then: plant, , so long as it does not Y_mpa _r, other than for the period reasonably necessary for such work, i^e Ranch's ability to serve the D. ."el ..er Property. In connection with the exercise of the Ranch's rights described in the precedi r _ sentence, the Ranch agrees to del_;er _eascnable a .,.,,__ notice t.. the De e_o'cer of its intention to exercise such rights except in c ses emergency ,.here advance notice shall not Ranch. also eServes 7.:e . i aS So _e orgy .ov = - d_str __t. dna 1::77 - ._z e_e' 3te its duties hereunder to such a special district and/cr to any governmental .r quasi -governmental e' _a1 e^;t: Ly . :n connection ..'1th the orcar.izatic. of such special district cr the assignment and/or delegation c, the Ranch's rights and obligations hereunder to a _ `7 governmental or quasi -governmental entity, ..he Developer covenants on behalf of Developer and Developer's heirs, successors and assigns, to reasonably support such organization and/or to reasonably consent to such assignment and/or delegation and to lend all assistance reasonably required by the Ranch in connection therewith, notwithstanding that the Developer Property ray be within or without the boundaries of such special district or governmental or. quasi -Governmental entity; provided that the Developer Property cperty _s included in the service area of such .._strict or entity or otherwise is assured of sewer service from such district cr entity on terms which are no less favorable to the Developer Property than the teres of this Agreement except to the extent that terms applicable to the Ranch Property are also comparably less favorable. In no event shall Developer or Developer's heirs, successors or assigns .:e e`:tit_.ed exercise, nor exercise any management or decision-making authority over the Ranch's sewer syster. 9. System Maintenance and Ccst Allocation. The Ranch shall perform cr cause to be performed all maintenance, repairs, replacements, cleaning and ronitorinc of the wastewater treatment plant and all portions of the sewer system, as the sane may be expanded or ;.codified after the date hereof, excluding the Developer Collection System and the Connecting Main r:hic shall be :maintained, reoaired, replaced, cleaned and monitored _ Developer at its sole cost and expense. With respect to the Developer Collection System, if and to the extent that the Rules and Regulations have been violated by Developer or Developer has been negligent or untimely in performing Developer's obligations, the Ranch, kwon civinu^ prior notice to Developer :fav ybut shall nor be obi c= :1 to) enter upon the Developer Property to operate, repair, replace,clean and/or monitor the Developer Collection System at Developer's sole cost and expense;; rovided that, in the event of emergency, no prior notice cZ entry nee{ be given. 10. C.rnersh_ti of Tmorovenents. The Ranch shall own the wastewater treatment r.lant and all portions of the sewer system lying within the Ranch Property, including the Connecting Frain.. The Developer shall own the Developer Collection System. 11. Condit ons Precedent to Provision cf Service. Develoter expressly acknowledges and agrees that the following shall constitute conditions precedent to both the Ranch's obligation to provide the Se.Per Service described herein and to :he Ranch's allo.:inr anysePer tans 'e con..__z_d o.. _.. _v_'e F_ope_ . 1:a. Se_ . _ e Chorea-. -.reserve . Developer shale. have .,.Fli rer ,^ to L„=. Ranch ar'. i . then e.. v mai%_a._.. a =w}. (6) months' service charge reserve, calculated i.. accordance with the Ranch's Rules and Regulations and the formula set forth in Section 13 d. bele.;, and tac,L,d on the lancer cf (i) the minimum cf _o EQRs committed to hereunder or (ii) the number cf E s ,..._c t have actually beef', connected. Developer acknowledges and agrees that such service charce reserve ray be applied by the Ranch to satisfy any celinouencv or default hereunder and covenants to maintain such service charge reserve with the Ranch for so long as Sewer Service i5 provided hereu":-:der. To the extent such service charce reserve is drawn down or applied to any delinquency .,_ default, Developer shall prompt i" _eol_„_s.h the funds draw.. 71L..,.n or applied. Deveopethe service chance reserve as necessary to reflect the number cf LQr,s c,^,.... alter. and to reflect increases in service charges over tire. =he .... non shall keep the ser. ice charca reser:e in an 'nte,-est-bea-ino account at a tank or :trier nsu.' tic:' in .:h ch 't cne cr more of t5 zw- accounts and shale pav the _..terest credited to the account to the Developer at least annually to the extent the _ends in the service charge reserve, after the payout of Such _:.teres", are at least equal to the amount then required tc ce n ntained in the service charge reserve. lib. Actvaton of Developer Rrcrerty Association. The Developer's Declarations and Covenants as hereinabove described shall have been recorded in the reg..= property records of the County of Garfield, State of Colorado, and the Developer Property Association described therein shall have teen formed, commenced to operate and assumed the obligations under _hes Agreement. ilc. Costs Pavable bti' ret.Je! over. the Developer pursuant to the ..e.-,cran..0-. Cf -,ove-.ben 1 . , 7.9c, b=tween ._..._ dart negv.._a..i. daffier .....v r'e.''..a__. this Aor==v.. any necessary easements, licenses or ctrl=_ thereof s. a__ have teen tai d such ..w....._ andum of +...der=tor:_. 1, d. Pav en_ v_ .�... v� _eimburse'd ze the costs required herebv and A" l casts cavable by forst r _. dated 'v ......._. c v' c n with _..t a.., ... there are ...dc, the _°per as required by. Tab Fees. The Developer shall have paid Ranch 4__ tar lees and ° her fees and by the Ranch's R'.:1es and Regulations. lie. Peri__ -.ante by Developer. The Developer shall have er_crne: or caused to be performed such acts cr actions as ray be ,u_red by law, : v this Acreement cr as r.:av reasonably be recuired by the Ranch's s enc neers, as necessary conditions to t.".e connection of taps on the Developer Rroperty. f. Wperc,al :n ver the ..anon' : er..ino as -.a. ti :s __h :.t: ..f-.. 12. L• -n ?_c.' _c. aOz..z-_ .,_c.- s c_ the 12a. Se':fir Se_ _c,_. In ccnswept'on c: the Ranch entering into this Agreemeht an in order to secure the payment and performance of the obligations ca Developer hereunder, the Developer, cn behalf of Developer and Developer's successors and assigns, herehy grants to the Ranch and its successors and assigns a perpetual lien upon the Developer Property (the "Sewer Service Lien"). The Sewer Service Lien shall run with the Developer Property and shall be binding upon and enforceable against the Developer and each and all of Developer's successors and assigns. After notice to Developer and a 30 -day - ig : of cure b_` ,.eye 1 Doer the Sewer Service Lien may be foreclosed and/cr executed cr realized upon by the Ranch as a mortgage, or y_. any other means authorized under the applicable laws of the State of Colorado. The Sewer Service Lien shall beor.'�or and superior to any other lien encumbrance upon the Developer Property, excepting only the _Ten for ad valorem real property taxes; orovia.. that, the Sewer shall Lien sall be junior - any ~. mortoaoe first deed of trust on any part of the Developer Property pert_ ,_Y^ -:en in nin' good fait- and for value and perfected by reccrdi �eoffice of the Clerk and Recorder of Garfield County, Colorado, prior to the time of reoordinc by or on behalf of the Ranch cf a specific notice of lien claim. 12b. D~sconnectio- For De_au ... The Find.. expressly ressly reserves, and the Developer hereby grants to the Ranch, theright, after notice to Developer and failure of Developer care the default by the expiration of the Cure Period as ..areinafzer defined, to disconnect the Developer Property cr any portion thereof from service or to discontinue provide. service to the Developer Property or any portion thereof in the event any charges, costs or fees payable hereunder cr under the Rules and R:= ' tions Ranch the anch are not timely paid, or i., the event any Y J r the violation of this Agreement cr the Ranch's Rules and _,--d '- ---by yc Developer or Developer's successors or assi"-s or env owner or occupant cf the Developer property° The "Cure P_ri Period" cr f uses - of this Sect':.. ell man, _or c -.etar• dela - _ Sn and, for a non -monetary default, EO day's pl"us's' c! a..���a;. _ t_ne J -as Developer is diligently proceeding to cure the default. In the event of reconnection to the system or the continuation of service, Developer shall pay the costs and expenses thereof. 12c. Controls rols c.n. DeveloperP'_ ooert`. c.e of cower Facilities. Developer c i 1 not (i) useany .. r .,,.._ a _� S2'`E cn the Developer Property for any purpose other than providing service to a single -fay i lv residence and y anrelated Care^ tae_ - iz, as hereinafter defined, cr Gut�..iid_ a, as hereinafter defined e.g no o^--erea1. es c ren - - t:":-,-.. .,....._t_.:s._ occ:.t_..ns s=dol b,e allowed) or (ii; mer:`'.,,cr .cr '_1c'.. occur cOc'u �.,. c o' Such si •e�-r =..± r=s_c enc>? or _.. persons which exceeds any c.tute, rule, ordnance, regulation o the design capac.ty of zuch reside•- Cr C reraker Unit (' i) permit cr allow to occur infiltration of the sewer system ty ground cr seepage water cr (iv) permit cr allow use of the sewer system for disposal of any wastes which are not usual and customary in connection with single family residential use. :n the event the Preshana Property is connected to the sewer system, Developer and its successors and assigns shall not be responsible for any violation of the foregoing requirements by the Preshana 'owner or owners of lots cr ::nits on the Preshana Property. 13. Fees, Charges and Payment T_erect.. 13a. _ t- be served. Develoter herety agrees to --urchase and, s:. ..t to the ter -.s and conditions hereof, the Ranch hereby commits to sell to Developer not less than _e nor more than 20 EQRs. For purposes of this Agreement one "E"'R" shall equal a single-family resi..._..L_ ("Residence") with up to three () bedrooms and two ;2) bthrocros Cr Half . ath; each Caretaker Unit (as hereinafter defined) shall equal 0.4 EQR; each additional bedroom, bathroom, or Half Seth of the Residence or Caretaker Unit as well as an Cu:b..__ding bathroom or Half Bath (as hereinafterdefined) shall equal two-tenths (0.2) EQR, The addition of bedroom's and/or baths with a service demand of less than one-half (.5) FQR shall require the payment of one-half (.5) EQR, and EQRs must be purchased in half cr whole number increments; :rovi ed that, Partial EQRs required ta serve a Residence, Caretaker Unit and/or Outbuilding may be aggregated with the E.2Rs of the associated Residence for purposes of determining service requirements hereunder. For purposes hereof, the terra "Caretaker Unit"; shall ,mean a dwelling unit, located on the lot or parcel containing the Residence, whether attached to or detached from a Residence used by :he family inhabit'_the Residence, such family's guests, r employees, and/or tenants and containing : no :more than one bedroom and no more thr-n one ...=t.hrn or Fa_f Eat... For pu-posec hereof, the term "Half Fath" shall Mean a toilet and wash basin and an "Outbuilding" shall mean a non -dwelling unit associate. with, '- detached from, a Residence or Caretaker snit. 13b. _ av-ent cf Teo Fees. Developer shall pay to the Ranch tap fees equal to Seven Thousand Five Hundred Dollars ($7,500) per E. Developer agrees to pay or cause to be paid the tap fees as fellows. (1) S75,000, repre.._.—_no 1C EQRs by he later of E0 days after receti ty Develc_ er of notification that Approval has been obtained as Provided in Section 1- or 120 dam's after the date of :his Agreement. ) commencement c c7iszrl.c tion cf ane 77p,-cve7e7z At Developer's election, pay....e,. ts subsections (1) and (2) _......-t:_�_c_ a e r.av ='C p_ Alpine Bari) pursuant to escrow instructors o,-ovidnz7 cor_s.':.rserr:en_ of such payments to the Ranch solely for desion, engineering and construction of the Improvement Project as authorized by McLaughlin; provided that, such escrow ins t_ u 'S shall be prepared at the cost of Developer and agreed to in advance by the Ranch and all costs and Fees cf the escrow agent a..d the escrow shall be borne by Developer. Approval of env such escrow acreement by the Ranch shall r.ot b e unreasonably withheld cr delayed. The escrow agreement may provide that the escrowed funds shall be placed in an interest-bearing account with interest earned to be. paid to Developer. () $7,500 for each additional EZF (not _o exceed 12 additional ERs in the aggregate) on or __fore the date upon which the service for such EQR is red' a Ieveloter. "eve_oce,.,....,.......a...-eel :hat once made, the I (} payments under �'�rC=. - ` s -J , ( 2) and i abo'. e shall be deemed fully earned the Ranch a'id shall not be refundable under any circumstances, except if this Agreement does not become effective for failure to satisfy the conditions precedent set forth in Sections 24a. and b or is+ terminated as provided in the last paragraph of Section lb. or as provided i.. Sectio'.^, 2c. 13c. . _^e ...its for _ urcnase and of Taos. The Ranch agrees that the $7,500 per EQR tap _ _e seal_ remain in full force and effect for a period of five (5) years commencing on the date hereof. After the expiration of such 5 -year period, (i) the Ranch shay_ have no obligation to provide any Funp.._ _eased taps to Developer, and (ii) service for additional E=Rs shall be determined b the Ranch in its discretion. ny cs purchased hereunder must be connected: and put into service December 31, 2010; W..a Rano ,:i11 have no oblicat,on _ alitw cc77_Y7_7-71 of, cr to provide Sewer Service for, Laps _no.0 s :ch date. 13d. _..a__ service charges in accordance with the Rules and ,=ou anions Pronuicated by the Ranch from time to time; provided that the service charges per EQR payable by Developer shall be determined iri accordance with the following formula: Aggregate cost of operation, rair.tena.^.`:.e, repair and replacement cf sewer system - total number of EQRs connected to the sewer system x 1.25 - service charge ler EQR connected on the Developer Property. For cu ores c_ geter-in nc serl'_Ce c..arces the _=_t_ cf the Improvement .-ro"ect and. Capital Costs, as defined, shall Act te-r.c_uded and cost_ fcr instar =,..va ani 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 as are ct:...ary ar the continued operation of the sewer S st_- shall be included, _ncluding casts incurred in Good faith which right he found 4o be avoidable or excessive. Costs of service or ether fees or charges ih the _.:pure to Developer shall be based en actual costs and experience in operating, maintaining, repairing and replacing the Ranch's sewer system. Except as otherwise provided herein, no additional charges for operation, maintenance, etc. of the Ranch's sewer system shall be payable by Developer. 13e. Capital Costs. For purposes cf this Agreement, the term "Capital Costs" shall mean and include costs and expenses cf whatsoever kind or nature suffered or incurred in connection with installing or replacing Common Facilities and major or extraordinary expenditures for repair and raintenance of Common Facilities, excep t that -the costs of the Improvement Project shall not be c .0 ed. The term "Co. --~on Faci shall mean and include all portions of the Ranch's sewer system en tne Ranch Property, -::c_,..,_. y without limitation the wastewater treatment plant, all rains, lift stations and other facilities and appurtenances, but excluding service lines to provide service to individual users and excluding the Connecting r ai i. Developer hereby covenants and agrees to pay to the Ranch the Developer's Share of Capital Costs for Common Facilities. Developer's Share of Capital Costs shall be due and payable within a reasonable tine after receipt cf a written billing from the Ranch. "Developer's Share of Capital Costs" shall be the proportion which the number cf EQRs on the Developer Property for which tap fees have been paid, whether or not the EQRs have been connected, is of the total number of EQRs connected to the Ranch sewer systen. 13f. ECPs Attributable to Ranch=rccerty. Developer acknowledoes and agrees that, under the Ranch'sovern_ng documents, ac --_„_s c_ dwelling units are equal and therefore each dwelling uni now r a o r hereafter x 1 fl i n g on the Ranch Procerty (whether the same is a condominium, tc:: nhoneor detached residence) will be deemed to equal one EU for all purposes, Developer further acknowledges and agrees that the Ranch shall be , entitled, in its sole and absolute discretion 'ethe 4;.C�__.. _ne number of EQRs to be charted 'o -located to commercial of the Ranch's sewer system. asusers 14. ^w_ _ -c Precedent to C nttir.iuinCEffectiveness E'fect'venezc of Aareemen_. The _._lowing shall constitute conditions precedent to the Ranch's oblioa_ion to perform hereunder: 14a. Approval by Ranch empers.Approval ("Approval") hereof and of an amendment to the Second Amended Declaration for the Ranch at F arthe r attached hereto For _ �_... aw�aC:. as Exhibit C and _,._ i. +-is-L . _.. _..t Frc eot b' ati a n'aj yr1tv r o .er.... L.=.~. .._. . o:es , s.:ch 4 •_r arcroval, j any, _ec:.__ed :he - _.._ ..inch's _ __-_.ratL.c^.e and covenants by a'_1 _cu_sI e '..arcs, committees, individuals and ......,.._....`rs, c�: __ �J majority or super-...,.. jcr_t� vote _. other approval. 7` e =anon covenants to submit t.r _S ^r emen t to its members for adproval on cr before the later to occur of: (i) the date which is forty-five (45) days after the Ranch's execution. hereof, or (i±)) the' annual meeting of the Ranch's members in July 1996. The Ra.~:or agrees to make reasonable efforts to timely obtain the . _ , rcva1. The Ranch will notify Developer in writing .hen the Approval has been obtained. 14b. Obtaining Permits. The obtaining _ the Ranch of all necessary pernits, licenses and approvals from all applicable governmental entities and/or regulatory agencies. S. 14c. Condition Satisfaction Dates. If the condition set forth i`1 subparagraph 14a is not satisfied by November 1, 1996, or the condition set forth i.. subparagraph .b is not satisfied by :ulv 1, 1997, this Agreement may be ter?"inatc . by either arty by rir! t ten notice to :he other party given the relevant condition is satisfied, in which case any payments w�v' Developer cf tap fees .ander Section 1 3 above shall be� refunded to Developer and both parties shall be released from env :urther o ! _cations hereunder. 15. Reuse Water. All wastewater resulting from the Sewer Service provided to t."±e Developer Drcc'ert` she 1' be returned to the Roaring Fork River basin at the Ranch's wastewater treatment discharge point. 16. Design, Engineering and Consw-on Claims. In the .. evenof any .negligence, default, or other defalcation by env designer, engineer, Contractor cr subcontractor retained _ either the and/or the Developer in connecti=n the imorcverent Project and/or the ::evelcper Colleot:c:~ Sysw_., , each of the Ranch and the ..,.zve1G'er shall have, and they hereby retain, the right to croce,e,-; aaanst such designer, engineer, contractor or subcontractor. The Ranch and the Develc er hereby waive and disc_a_r any rights to proceed against the other cn account of the nec,j er` Cefa'..1.. or defalcation of any soh we' cher, e7gineer, contracts_ or s.:: co' tracto_ . 17. Notices. All notices, demands, requests cr other communications to be sent by one party to the other hereunder or required o' law shall be in writing and shall be deemed to have teen validly given Cr served by delivery o: same in person to the addressee or ,..v courier delivery via Federal Excress or other natonally recto .___u overnight air courier service cr by dept- t ea -.e i., t.. _ _ted Sates nail, prepaid, or b_,' facsimile ..mars -.__.s__. , aud_essed as ,:,,'__....s. To Ranch: Ranch at :_.cc._ nc . or.. Homeowners ners Associ. ,.._on, :no. State ..`ch .m,v S2. Carbondale C'C�81622 :'acs --41e No. 970-563-5243 with cop', Hardin Holmes, Esq. Ireland, Stapleton & Pryor 1675 Broadway, =2600 Denver CO 80202 Facsimile No. 303-628-2062 _-o Deve_coer. w....oa rand Company :in 1`: nd1_ng ..C-.'a11ey Development Co. 32_to - b i l Lane .est._.. CT 06883 Facsimile No. 203-227-c519 lzh c„ moo. 2arf_e1d & Hecht, P.C. 601 E. Hyman an Avenue =.seen CC 61611 Facsiml= No. 570-925-7.003 All notices, demands and recuests shall be effective upon such personal delivery or one (1) business day after being deposited with Federal Express or other nationally recognized overnightair courier service or three (3) business days after deposit in the United States rail or upon the date of such facsimile transmission as required above, unless it is not a business day in which case a facsimile transmission shall be effective on the hex: business day. 3v c_._. he other tarty hereto a: leas:. ten _0) days' written ncti reof in accordance with the ro'. is_ons herecf, the ca_ ties her ___ t__ 'ave the f, -cm L1-._ o 4_re o chano ....ei resoeot._ e addres=ws an _acsin_ 1e .... .....�rs. l 3 Coverninc T=:. ;his .-eeme.r Y and each ter- covenant, :-, and condition hereof shall : e governed ty and construed under the applicable laws ci the State of Colorado. 19. _-_..t. This roreenent shall inure to .,h- ..vnefit of and be binding upon ..he parties hereto and their respective heirs, successors and ass ns provided that the provisions ..=re_nabove set forth establish the relationship between :.he Panch and Developer 's successors and asicr.s. This Agreement may not be modified or amended except in a writing executed by the Parties hereto. 20. Co-... _.,__nem t of Service. Subject to each of the terns, covenants and conditions hereof, the Ranch shall Sewer q=r.4.,_. o _-.. _•. �'_L`te.� _ turf c:...7.. enoo. as _..._ _ _.. Section 21. Force .:aeure. Any obligation of either party .;..der ..his Agreement which is delayed cr not performed Cue to acts of Cod, strike, riot, or weather, failure to obtain labor and materials at a reasonable cost, inability to gain governmental cr regulatory licenses, permits or approvals, or any other reason beyond the control cf the partv, shall not constitute a default hereunder and such obligation shall be. performed within a reasonable time after the enc of such cause for delay or non-performance. 22. Resolution of Disputes; Arbitration and Attorney's Fees. If and to the extent any person or party (including individual property owners) has a complaint or dispute regarding the interpretation of this Agreement or the provision of Sewer Service or the imposition and/or collection of fees, rates, or charges hereunder, such complaint cr dispute shall first ce addressed to, and heard bv, the Ranch's Board of Directors. I f , and only if, after such hearing, the complaint cr dispute has not been satisfactorily resolved, the dissatisfied person or Carty shall be obligated to submit the ratter to bindi.ng arbitration before one arbitrator under the Commercial Rules cf the American Arbitration Association in Glenwood Springs Colorado. If the arbitrator finds that a party is entitled to relief available cn.y trough court proceedings, such as foreclosure or injunctive relief, the party may proceed in court for such relief based on the arbitrator's decision which shall not be challenged. In the event of any arbitration or other proceeding to enforce the terms, conditions or provisions hereof, the prevailing part`: in any such arbitration or other proceeding shall be entitled to obtain as part of its judgment or award, its reasonable costs, including attorney's fees and costs. 23. Limitation on Ranch Liability. The Ranch, Developer, any Successor Developer and the Developer Property Association, their Boards of Directors, officers, agents, members and employees shall not be liable to any person cr party with respect to any natter arising in connection with this Agreement or the Se -:.'Er Service to be provided hereunder except in the case of wilful disregard of this Agreement, recklessness, bad faith or malice, except that Developer, a Successor Developer and the Dieveloper property Association shall be liable for payment of all fees, harges and other monetary amounts payable hereunder, and the Ranch shall be entitled to pursue the remedies set forth in Sections 12.a. and b. above and except that either party shall be entitled, in an appropriate case, to injunctive relief. No person cr party shall be entitled to recover any punitive or consequential damages .n any action cr proceeding arising under cr ;., connection with this Agreer.en:.. 24. Entire r.^,reer.ent. This . wr.ecrent t1'e .._ncrandum of e_ the parties __ , c, r. (":."="), constitute the entire underscandino rew..e_n the partie ..caret_ \._cn recce t to the s eat matter :"ere::_ and l_ _thee -cr screenen.-- :_ ._n erctw..:_. ;s shall to deemed ,.._rge to Agreement and =U. _.._s ,'"ee:::e: t supersede s t""_ ...^.i.. the extent of matters co .'er here... 25. Authority of Parties. Developer is a Colorado corporation validly existing and in good standing under the laws of the State c= Colorado. The ranch is a Colorado not for profit corporation validly existing and in good standing under the laws of the State cf Colorado. Each of the parties has the power and authority tc own its properties and to carry on its business as now conducted, and, except as provided in Section 14 hereof, has all necessary power and authority to execute, deliver and perform this Agreement and anv other documents made or given in connection therewith ami to ke bound thereby. IN WITNESS WHEREOF, ECF, the parties hereto have executed this Agreement as of the _rst set forth above. Attest: 5y: Its: -A.:u= AT ROARING FCR< HOXEO;`N_RS ASSOCIATION, INC., a Colorado non-profit corporation Its: ,mac. • 4.c � Attest: _ INNEAR ocrccrati. CC PAN i, a C.',credo ) ss COUNTY C= The fcreocinc, _nstr,u^ent .,asecce. fcc:e on this day of ,th--.=-,-... L.".^„- , 1996, b1 �'T.,.�1 1 L_,, -1- as _ c[--;_,.-,•- andy---,..,,7.;‘,.0 i as =��1 i^,� r�c : 1a:'�''oh Foari. Cs«f1 : c ec re -s Association, Inc., a Colorado non-profit corporation. . STATE C, n P' 7 K 1 N1 IhThe forcegoi IgT day of/ _L as I1NA!?'l MvCc.,...._S_ E}' roc i ng instrument ..`s -�if,no':;1e-:ce wekc«e on this 77?b tA_ , 1996, ..by �f 46,2 ' m f LL'y. 4 and b` ' Y[;• r) 7. ;5� .1i1J___, Company, a as L1JJf Ll.'1 - of �. 1n .Ja« G Colc«ado corpora t?1.._.3i lfsii:h.t4c: Notary Public 2- My Con.:;tcc.... _exci_es. tf ^} .,o,, •int` •' ``'• , y , 0 r _ c- E_'HIB7i "A" A parcel of land situated in Lots 6, 12, 13, and 19 of Section 31, Township 7 South, Range 87 West of the Sixth Principal Meridian, Garfield County, Colorado. Said parcel being more particularly described as follows: Beginning at a rebar and cap marked L.S. 19598, whence the witness corner to the northeast corner of said Section 31 bears North 41°08104" East, 3203.06 feet; thence South 11°37'27" West, 1304.69 feet; thence South 23°40'24" West, 80.58 feet; thence South 36°04'45" West, 85.16 feet to the centerline of the Roaring Fork River; thence the following eight courses along said centerline of river: 1) North 65°57'30" West, 567.75 feet, 2) North 63°59'48" West, 319,32 feet, 3) North 66°50'18" West, 203.39 feet, 4) North 75°33'21" West, 272.62 feet, 5) North 84°25'20" West, 257.22 feet, 6) North 87°41'19" West, 223.18 feet, 7) North 88°30'35" West, 346.12 feet, 8) North 65°59'25" West, 120.15 feet; thence leaving said centerline North 00°30'00" West, 233.20 feet; thence South 80°31'40" West, 499.09 feet; thence North 00°00'33" East, 1273.09 feet; thence North 89°11'07" East, 471.38 feet; thence North 00°00'18" East, 262.17 feet; thence South 76°47'40" East, 1038.73 feet; thence South 13°12'20" East, 120.00 feet; thence South 81°01'17" East, 285.92 feet; thence South 41°30'29" East, 89.74 feet; thence South 62°48'46" East, 375.98 feet; thence South 77°44'52" East, 317.09 feet; thence South 72°41'32" East, 136.34 feet to the point of beginning. Together with ail of Grantor's right, title and interest in and to a perpetual easement which is described as Parcel "B" in the Agreement, Easement Grant and Mutual Release recorded October 22, 1986 in Book 697 at Page 616 under Reception No. 375658 in the records of the Garfield County, Colorado Clerk and Recorder, except that portion of said Parcel "B" which Grantor conveyed to Ralph L. Braden by Warranty Deed recorded December 7, 1987 in Book 725 at Page 792 under Reception No. 388073 in said records. 4.3 RESPONSIBILITIES OF THE OWNER 13 4.3.1 Sewer Service Line Maintenance 13 4.4 ENFORCEMENT 14 SECTION 5 - RATES AND CHARGES 15 5.1 GENERAL 15 5.2 EQUIVALENT RESIDENTIAL UNIT (EQR) SCHEDULES . 15 5.3 SEWER SERVICE CHARGES 15 5.4 PENALTY FOR LATE PAYMENT 15 5.5 PENALTIES FOR FORECLOSURE PROCEEDINGS 15 SECTION 6 - COMPLAINT RESOLUTION AND APPEAL PROCEDURES 16 6.1 APPLICATION 16 6.2 INITIAL COMPLAINT RESOLUTION 16 6.3 APPEALS TO THE BOARD 16 6.4 BOARD'S FINDINGS 16 6.5 ARBITRATION 17 SECTION 7 - SPECIFIC SERVICE CONTRACTS 7.1 CONFLICTS 17 17 APPENDIX A - EQUIVALENT RESIDENTIAL UNIT (EQR) SCHEDULE - SEWER UTILITIES EXHIBIT "3" RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION. INC. RULES AND REGULATIONS (SEWER SERVICE) SECTION 1 - GENERAL/EXPLANATORY MATERIAL 1.1 PURPOSE. The purpose of these Rules and Regulations is to provide for the orderly management and operation of the sanitary sewer collection and treatment system serving the Service Area as hereafter defined. 1.2 INTENT OF CONSTRUCTION. It is intended that these Rules and Regulations shall be liberally construed to effect the general purposes set forth herein, and that each and every part thereof is separate and distinct from all other parts. 1.3 AMENDMENT. It is specifically acknowledged that the Ranch at Roaring Fork Homeowners Association, Inc. ("HOA") shall retain the power to amend these Rules and Regulations as it deems appropriate, by action of the Board of Directors. Prior notice of amendments shall not be required to be provided by the HOA. 1.4 DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used herein shall be as follows: Board and Board of Directors shall mean the governing body of the HOA. B.Q.D. (Denoting 5 -Day, 20 degrees centigrade Biochemical Oxygen Demand) shall mean the amount of oxygen which is utilized in the aerobic decomposition of sewage under laboratory procedures in accordance with the current "Standard Methods for the Examination of Water and Wastewater." Collection System shall mean the Sewer Mains which are either Common Facilities or Local Facilities. Portions of the Collection System will be owned, operated, repaired, maintained and replaced by the HOA, but some portions of the Collection System which are Local Facilities may be owned, operated, maintained. repaired and replaced by a Designated Intermediary as the representative of Owners served by such Local Facilities if so provided in a written service contract with the HOA. Common Facilities shall mean those facilities generally serving the HOA's Service Area as a whole. Examples are trunk sewers and sewage treatment plants. Designated Intermediary shall mean a Person designated in these Rules and Regulations or in a contract as the party to act as an intermediary between the HOA and Owners within a designated part of the HOA's Service Area and/or to be a representative of Owners in that designated area. Notices to Owners in an area with a Designated Intermediary need only be given to the Designated Intermediary for that area and payments due from Owners in an area with a Designated Intermediary shall be made by the Designated Intermediary for that area and, in general, the HOA will not be expected or required to deal directly with Owners in an area with a Designated Intermediary. The Designated Intermediary for St. Finnbar is the Developer of St. Finnbar or a successor Developer of St. Finnbar until a property association is formed for St. Finnbar and, thereafter, will be the property association for St. Finnbar. A similar arrangement will be applicable to Preshana and a similar arrangement is applicable to the Commercial Parcel (as defined in the Ranch Covenants) within the Ranch. The HOA is the Designated Intermediary for Owners of multi -family and condominium dwelling units within the Ranch for all purposes other than for payment of sums, fees or charges due hereunder. Developer shall mean the person(s), firm, joint venture. partnership or corporation which is the owner of land within the Service Area and which seeks to have the land served by the Ranch at Roaring Fork Homeowners Association, Inc. Engineer shall mean the engineering firm, or duly authorized representative, designated by the HOA to act on its behalf in all engineering and related matters. This item includes an Inspector employed by the Engineer. EQR This is an abbreviation for Equivalent Residential Unit which is an average single-family detached residence or the equivalent, from a systems demand standpoint, as more fully described in Section 5.2 hereof. I-IOA shall mean the Ranch at Roaring Fork Homeowners Association. Inc. Inspector shall mean any person designated by the HOA to perform inspections. Local Facilities are those facilities generally designed primarily to serve particular portions of the Service Area. Manager shall mean the person designated bar the HOA, if any, to manage the sewer system. Owner shall mean the record title holder to the land, condominium unit or other real property served by the HOA sewer system. Person shall mean any individual, firm. company, association, society, corporation or group. Preshana shall mean the area adjacent to the east boundary of the Ranch and bounded on the south by St. Finnbar, on the east by the Catherine Store Road, on the north by Colorado State Highway 82 and on the west by the Ranch. Ranch shall mean the approximately 464 acres of land in Garfield County, Colorado, described in Exhibit A to the Ranch Covenants and designated therein as the Ranch. Ranch Covenants shall mean the Second Amended Declaration of Covenants. Conditions. Limitations, Restrictions, Reservations, Liens and Charges for Ranch at Roaring Fork recorded Au2ust 7, 1985, in Book 673 at page 586 of the real estate records of Garfield Count,-, Colorado. Service Area shall mean the three adjacent parcels of land consisting of the Ranch, St. Finnbar and Preshana ; provided that, the HOA will have no obligation to provide sewer service to any Person unless and until it has entered into a written contract obligating the HOA to provide such service and any sewer service so provided will be subject to and limited by the terms of such written contract. Sewer Main shall mean a sewer pipeline which is not a Service Line and carrying sanitary sewage 4vastes only. Service Line shall mean a sewer line serving either one building or more than one building if such buildings are on the same lot or parcel and under common ownership, extending from the building drain to the Sewer Main and shall include the tap onto the Sewer Main. Sewage shall mean any liquid waste containing animal or vegetable matter in suspension or solution from residences or commercial buildings. Shall is mandatory; "May" is permissive. St. Finnbar shall mean the area adjacent to the east boundary of the Ranch and bounded on the south by the Roaring Fork River. on the east by the Catherine Store Road, on the north by Preshana and on the west by the Ranch. Suspended Solids shall mean the filterable solids measured by concentration in one liter of Sewage. Tap Fee shall mean the charge per EQR or portion thereof charged by the HOA for connection of a property to the HOA's sewer system. The current Tap Fee is 57500. User shall mean any Person actually discharging Sewage into the sewer system. SECTION 2 OWNERSHIP AND OPERATION OF FACILITIES 2.1 RESPONSIBLE PARTIES. Unless otherwise azreed in a written service contract, it is the HOA's responsibility to operate and maintain all Common Facilities. It is the Developer's responsibility to finance, design, and construct all Local Facilities as defined herein. Such facilities shall be constructed in accordance with plans and specifications approved by the HOA. The Developer shall pay the cost of all such facilities. After construction. the Owners served by the Local Facilities. or, if one exists. the Designated Intermediary. as representative of the 4 Owners. shall be responsible for the operation, maintenance and replacement of all Local Facilities. It is the responsibility of the Owner or his builder to pay the cost of and construct all Service Lines. Such service facilities shall be constructed in accordance with plans and specifications approved by the HOA, and shall be subject to inspection by the HOA prior to use. The individual Owners shall be responsible for the operation, maintenance, repair and replacement of all Service Lines. 2.? LIMITATION OF LIABILITY OF HOA. It is expressly stipulated that no claim for damage shall be made against the HOA by reason of the following: Acts of God or the occurrence of any event or circumstance beyond the reasonable control of the HOA; blockage in the system causing the backup of effluent; damage caused by "smoking" of lines to determine drainage connections to HOA lines; breakage of Sewer Main lines by HOA personnel; inadequate sewer treatment; interruption of sewer service and the conditions resulting therefrom; breaking of anv collection or service line, pipe, valve, or meter by any employee of the HOA; shutting off or turning on of service; making of connections or extensions; burst service lines and other facilities not owned by the HOA; or for doing anything to the systems of the HOA deemed necessary by the Board of Directors or its agents. The HOA shall have no responsibility for notification to any Persons of any of the foregoing conditions. Notwithstanding the preceding sentence, the HOA shall make a reasonable attempt to notify the other Designated Intermediaries whenever practicable. The HOA reserves the right to discontinue temporarily service to any property at anv time for any reason deemed necessary or appropriate by the Board of Directors. 2.3 lti'ERSHIP OF FACILITIES. All existing and future Common Facilities connected \with and forming an integral part of the sewer system and accepted for operation and maintenance pursuant to these Rules and Regulations shall become and are the property of the HOA. unless anv contract with an Owner, Developer or Designated Intermediary provides otherwise. Said ownership will remain valid whether the lines and treatment works are constructed, financed, paid for, or otherwise acquired by the HOA, or by other Persons. Local Facilities shall be owned by the Owners served by the Local Facilities and, if one exists. shall be managed by the Designated Intermediary on behalf of the Owners \within the area served by such Local Facilities. That portion of all existing or future Service Lines that is connected \vith the sewer system. shall become and is the property of the Owner. This 5 principle shall not be chanced by the fact that the HOA might construct, finance, pay for, repair. maintain or otherwise affect the Service Line. The construction and connection of any Service Line shall be done in compliance with these Rules and Regulations. The Owner's ownership of the Service Line shall not entitle the Owner to make unauthorized uses of the sewer system once the Service Line has been connected to a Sewer Main. A11 uses of the Service Line or any appurtenances thereto at any time after the initial connection to the sewer system shall be subject to these Rules and Regulations. 2.4 RIGHT OF ENTRY. The HOA, its agents. officers, employees, or other Persons designated by the HOA shall be permitted to enter upon all proper- ties for the purpose of inspection. observation. measurement, sampling, and testing, in accordance with the provisions of these Rules and Regulations. The granting of right of entry by the Owner and occupant is a condition to the provision of sewer service. 2.5 MODIFICATION, WAIVER AND SUSPENSION OF RULES. The HOA shall have the sole authority to, on a non-discriminatory basis, waive, suspend or modify these Rules and Regulations. Any such waiver or suspension shall not be deemed an amendment of the Rules and Regulations; nor will any such waiver or suspension be deemed a continuing waiver or suspension. SECTION 3 - CONDITIONS OF USE OF UTILITY SYSTEMS 3.1 APPLICATION FOR SERVICE. Subsequent to September 1, 1996, applications for service or modifications of service must be filed with the HOA on forms provided by the HOA and (i) be accompanied by the Tap Fee for initial service prior to any action to connect to the system, or (ii) be accompanied by the appropriate fees. if any, prior to any modification of such connection to or service by the system. Only upon authorized approval of the application and receipt of any required fees may a connection or modified connection to or service by the system be made. Application approvals attach to the designated premises only. They are not affected by changes in the ownership of the licensed premises and are usable only in accordance with the terms of the approved application. Neither application approvals nor the associated Tap Fees are transferable to other properties.. No taps will be permitted or made during non -business hours without specific. v, ritten approval of the HOA. All information requested on the tap application form must be completed, and a diagram of the tap location included. Should any information of a material nature disclosed on the application prove at any time to be false, or should the applicant omit any information, the HOA shall have the right to reassess the Tap Fees originally charged at the rate current to the discovery by the HOA of the false or omitted information, and/or to disconnect the service in question, and/or to back -charge the property in question for service fees that may be due and owing, and/or to charge anv other or additional fee or penalty specified in these Rules and Regulations. as amended. Any reassessment shall be due and payable, together with any penalties or other additional fees charged, and together with interest at the maximum legal rate on the entire balance. upon and from the date of the original application. 3.2 DENIAL OF APPLICATION. The HOA shall have the right to deny application for service when, in the opinion of the HOA, the service applied for would exceed the capacity of the facilities. 3.3 MOVED OR DESTROYED BUILDINGS. When buildings are moved or destroyed, the original tap authorization shall terminate and no credit shall be authorized for Tap Fees paid previously with respect to said building. 3.4 CHANGE IN OWNER'S EQUIPMENT, SERVICE OR USE OF PROPERTY. No change in the Owner's equipment, service or use of property served shall be made without prior notification to and approval by the HOA. The HOA shall have no obligation to provide service to any Owner in excess of the EQRs which the HOA has expressly contracted to serve. Anv change which increases the number of EQRs served by the sewer system will require payment of an additional Tap Fee or Tap Fees. Any change which decreases the burden placed on the sewer system shall not result in a refund, rebate or reduction of any Tap Fees or other fees previously paid. 3.4.1 Anv violation of Section 3.4 shall result in the assessment of an unauthorized connection fee, as provided by Section 3.5 of these Rules and Regulations, and the HOA shall take those steps authorized by these Rules and Regulations and Colorado law regarding the collection of said fees. 3.4.2 If the HOA believes that anv Owner has changed the equipment, service. or use of their property in violation of this Section, the HOA shall notify the Owner (if within the Ranch) or the Designated Intermediary (if the Owner is not within the Ranch)of the HOA's belief, and the HOA's intent to assess anv additional Tap Fees. service or unauthorized connection fees.The notice recipient shall be afforded thirty (30) days in which to respond to the HOA's notice. Failure to respond as required herein within the thirty (30) day period shall be deemed to establish the HOA's belief concerning the nature and extent of the chance, and such additional Tap Fees, service and unauthorized connection fees as are deemed appropriate by the HOA shall be assessed against the property in question and shall be collected as provided under these Rules and Regulations and Colorado law. To defer the collection of said fees, and as a prerequisite to the right to hearing as provided for and described in Section 6 of these Rules and Regulations, any response by the Owner or applicable Designated Intermediary must, in addition to being provided in the thirty (30) days, include permission to make such inspection of the property in question as the HOA deems necessary to clearly establish the nature of equipment, service and use of the property in question. 3.5 UNAUTHORIZED CONNECTIONS AND FEES. No person shall be allowed to connect onto the sewer system or to enlarge or otherwise change equipment, service or use of property without prior payment of Tap Fees, approval of application for service, and adequate supervision and inspection of the taps by the HOA. Any such connection, enlargement. or chance shall be deemed an unauthorized connection. Upon the discovery of any unauthorized connections, the HOA may, in its discretion assess the property an unauthorized connection fee in an amount not to exceed twice the then -current Tap Fees that would be due for such property. The HOA shall send written notice to the Ov, ner of the property benefitted by such connections stating that an unauthorized connection has been made between the Owner's property and the sewer system. The Owner shall then have thirty (30) days from the date of the notice to pay the then -current Tap Fees. If that fee is paid within the thirty (30) day period, the unauthorized connection fee shall be waived by the HOA. In the event the then -current Tap Fees are not paid within the thirty (30) day period or if the Tap would exceed the maximum allowable number pursuant to contractual or other limitations, a notice of revocation of service shall be sent and service shall be disconnected pursuant to Section 3.6 of these Rules and Regulations. Once discontinued. service may be returned to the property only upon receipt by the HOA of both the unauthorized connection fee (if assessed) and the then -current Tap Fees. and any service charges or any other charges that may be due. The HOA also reserves such rights of foreclosure as may be provided by law and/or these Rules and Regulations for the collection of unpaid fees and charges of the HOA. 3.6 REVOCATION OF SERVICE. Service may he revocable by the HOA upon non-payment of anv valid fees or charges ov, inc.!, to the HOA or upon violation of these Rules and Regulations or the provisions of any contract for S service. In the event of non-payment or upon violation of these Rules and Regulations or the provisions of any contract for service, the Owner (if within the Ranch) or Designated Intermediary (if such Owner is not with the Ranch) shall be given not less than thirty (30) days advance notice in writing of the revocation, which notice shall advise the Owner or applicable Designated Intermediary of its opportunity to be heard in accordance with the provisions of these Rules and Regulations or the applicable contract for service. If the non-payment or violation is not resolved within the time pre- scribed, service to the property shall be revoked by blocking or disconnecting the appropriate line serving the property. The cost of disconnection or blockage shall be assessed to the Owner or applicable Designated Intermediary. 3.7 FAILURE TO CONNECT. The Owner's right to connect to the sewer system shall terminate and any Tap Fee paid shall be retained by the HOA if the tap is not connected to the sewer system within 60 months of the payment of the Tap Fee, unless a contract for service expressly provides otherwise. SECTION 4 - SEWER SYSTEMS 4.1 UNAUTHORIZED TAMPEEERING WITH SI STEMS. 4.1.1 No unauthorized Person shall uncover, use, alter, disturb, or make any connection with, or opening onto, use, alter, or disturb the sewer system without first obtaining a written permit from the HOA. Unauthorized uses of the sewer system include, but are not limited to, an unauthorized turn -on or turn-off of sewer service. or a- tampering or in any way modifying anv facility, even though the same may be performed on a privately owned and maintained Service Line. 4.1.2 No Person shall maliciously, willfully, or negligently, break, damage, destroy, uncover, deface or tamper with any portion of the sewer system. 4.1.3 Any Person who shall violate the provisions of this Section 4.1 shall be prosecuted to the full extent of Colorado law. 4.1.4 Any Person violating anv of the provisions of these Rules and Regulations shall become liable to the HOA for any expense. loss or damage occasioned by reason of such violation. the amount of which shall he a lien upon the violator's property or a lien upon the property concerning which the violator was providing services at the time of the violation in clues:ion, whichever the HOA deems appropriate. 4.2 UNAUTHORIZED USES. The sanitary sewer system is for the disposal of water contaminated by biodegradable wastes. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, surface drains, or other sources of surface runoff or groundwater to a building, sewer or building_ drain which in turn is connected directly or indirectly to the sewer system. In order to protect the sewage system from damage, destruction, deterioration, misuse or malfunction and to guard against health hazards and the creation of public nuisance the following, regulations shall apply relative to the discharge of Sewage containing deleterious wastes. 4.2.1 Septic Facilities. A septic facility may not be utilized within the HOA Service Area unless a special permit is obtained from the HOA. 4.2.2 Prohibited Wastes. (a) Industrial Wastes. No Person or Persons shall discharge or cause to be discharged any industrial waste (defined as the liquid wastes from industrial processes, as distinguished from sanitary sewage) of any type into the sewer system. (b) Inflow/Infiltration. No Person or Persons shall discharge or cause to be discharged into the sewer system, from ground surface, roof ladders, catch basins. or any other source, surface or sub -surface drainage or ground water. (c) Other Wastes. No Person or Persons shall discharge or cause to be discharged into the sewer system anv of the following, except to the extent permitted under the express provisions of a written contract for service or approved application and upon the installation of suitable and approved grease, sand, or oil interceptor or other pre-treatment facility: (I) Industrial cooling water. (2) Agricultural and livestock wastes. (3) Unpolluted process waters. 10 (4) Bakery/restaurant wastes. (5) Car washing wastes. (6) Swimming pool drainage. (7) Floor drainage from enclosed and covered areas. (8) Toxic or non -biodegradable waste. (9) Any garbage that has not been properly shredded to less than 1/2 -inch in the largest dimension. (10) Any ashes, cinders, sand. mud, straw. shavings, metal. glass. rags, feathers, tar, plastic, wood, paunch manure, or anv other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper and normal operation of the sewage works. (11) Any waters or wastes having Ph lower than 5.0 or higher than 9.0, or having any other corrosive or toxic property capable of causing damage or hazard to structures, equipment, or personnel of the sewage works. (12) Any water or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans, animals or fish, or create any hazard in the receiving waters of the sewage treatment plant effluent. (13) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. (14) Any noxious substances or malodorous waste, haters. gases, or substance capable of creating a public nuisance, either in the sewer system or at the sewage treatment plant. (15) A 5 -day B.U.D. concentration greater than 300 ppm. 11 (16) A concentration of more than 300 ppm of Suspended Solids. (17) Concentrated wastes from septic tanks and portable sanitary devices. (18) A peak flow rate greater than 5 times the average flow rate. (19) Any chemicals having a 24-hour proportionate com- posite sample concentration at the point of discharge in excess of the following: Cadmium 0.10 mg/1 Chromium 5.0 mgl1 Copper 3.0 mg/1 Cyanides 2.0 mall J Iron 15.0 mall Phenol 10.0 mgll H,S (Hydrogen Sulfide) 1.0 mg/1 Zinc 2.0 ma/1 (20) Recreational vehicle -produced wastes. (21) Any wastes produced other than in a dwelling unit or commercial building within the Service Area. 4.2.3 Sump Pump and Other Illegal Devices. No plumbing fixture, device, construction or plumbing system shall be installed within any building or improvement which will provide a connection between the sewer system, directly or indirectly, or with a Sewer Service Line for the purpose of draining ground or surface waters into the sewer system , and no physical connec- tions shall be permitted whereby a Sewer Service Line is connected to a sump pump or other facility in such a manner that through the manipulation of valves or because of lack of back pressure valves, or because of any other arrangement it is possible to drain flood, overflow, drain, storm, or groundwater directly or indirectly into the sewer system. Any Person having connected, or permitting to be connected such a forbidden system to any Common Facilities, Local Facilities, Collection System, Service Line or any Sewer Main may be summarily ordered to disconnect such forbidden device or pumping system at his cost, and upon failure to do so, the HOA may forthwith disconnect any Service Line from the 12 property containing such a forbidden device or pumping system at the Sewer Main, the cost of which shall be a lien and charge against the property involved. No Service Line shall thereafter be connected to the sewer system without payment of all applicable fees to the HOA, costs and expenses of the HOA relative thereto, and positive proof that such improper and illegal connection or device has been removed and will not thereafter be reconnected to the sewer system. 4.2.4 Construction and Cleaning of Grease. Oil and Sand Traps. Grease, oil and sand interceptors shall be provided at the sole cost and expense of the Owner when, in the opinion of the HOA, they are necessary for the proper handling of liquid wastes containing greases, oil, etc., in excessive amounts, or any flammable wastes, sand or other harmful ingredient. Ali interceptors shall be located as to be readily available and accessible for cleaning and inspection. Grease and oil interceptors shall be in an accessible Iocation for maintenance and inspection and shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall he watertight. and, if necessary as determined by the HOA, gastight and vented. Where installed, all grease and oil and sand interceptors shall be maintained bw. the Owner at his expense, in continually efficient operation at all times. The HOA requires a monthly or periodic cleaning and pumping of any grease traps as approved by the HOA. Periodic inspections may be made of sand and grease traps and interceptors and in the event the Owner is in violation of these Rules and Regulations, the Owner shall be held accountable as set forth in these Rules and Regulations. The charge for these inspections to the Owner shall be a direct pass -on of the expense to the HOA and shall be billed directly by the HOA for all costs incurred by the HOA in inspecting the property. 4.2.5 Swimming Pools. No public or private swimming pool shall be connected to the sewer system. 4.3 RESPONSIBILITIES OF THE OWNER 4.3.1 Sewer Service Line Maintenance. Each Owner shall be responsible for maintaining his Service Lines. Infiltration leaks or breaks in the Service Lines shall be repaired by the Owner within 72 hours from the time of notification of such condition by the HOA. If satisfactory progress toward repairing the leak has not been made by the time specified, the HOA shall have the authority to repair, or have repaired, the Iines and shall charge the Owner all resulting costs thereof. The HOA shall be entitled to place a lien against the property of such Owner securing payment of such costs. 13 4.4 ENFORCEMENT. a. The HOA shall have the right to revoke service to anv property for violations of these Rules and Regulations in accordance with the procedures set forth in these Rules and Regulations. b. Whenever a discharge of Sewage or the operation of a grease interceptor or sand or oil trap is in violation of the provisions of these Rules and Regulations or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the HOA will issue a 72 hours' written notice to correct the practice. If the practice is not corrected within such time, the HOA may notify the State Health Department and effect disconnection of the Service Line from the sewer system. until such time as the HOA has received adequate assurances that any and all violations of the HOA's Rules and Regulations will cease and will not occur in the future. In addition, all of the costs of the aforementioned proceedings shall be charged against the property and. until paid shall constitute a perpetual lien against the property. c. When a discharge of wastes causes an obstruction, damage or any other impairment to the sewer system, the HOA may assess a charge against the Owner for the work required to clean or repair the facility and add such charge to the Owner's (or if applicable, such Owner's Designated Intermediary's) sewer service charge, and the HOA shall have such remedies for the collection of such costs as it has for the collection of sewer service charges which, until paid, shall constitute a perpetual lien against the property. d. In order to effect its powers, the HOA may enter upon private property for the purpose of inspection and maintenance of sanitary and waste disposal facilities and may terminate service to property in which a violation of any of these Rules and Regulations is found to exist. e. In order to secure the payment and performance of the obligations of Owners, Designated Intermediaries, and Users hereunder, each Owner, Designated Intermediary and User, on behalf of itself and its heirs, successors and assigns hereby grants to the HOA and its successors and assigns a perpetual lien upon its property. Such perpetual lien shall run with such property and shall be binding upon and enforceable against each Owner, Designated Intermediary and User and each and all of their respective heirs, successors and assigns. After notice to any such Owner, Designated Intern.; diary or User and a 30 -day right of cure by the applicable Owner, Designated Intermediary or User, the perpetual lien may be foreclosed and/or executed or realized upon by the HOA 14 as a mortgage. or by any other means authorized under the applicable laws of the State of Colorado. Such lien shall be prior and superior to any other lien or encumbrance upon the applicable property, excepting only the lien for ad valorem real property taxes and the lien of any first mortgage or first deed of trust on the applicable property taken in good faith and for value and perfected by recording in the office of the clerk and recorder of Garfield County, Colorado, prior to the time of recording by or on behalf of the HOA of a specific notice of lien claim. SECTION 5 - RATES AND CHARGES 5.1 GENERAL. The HOA has established Tap Fees and a mechanism for determining service charges. These fees may be increased or decreased by the HOA at any time without notice. 5.? EQUIVALENT RESIDENTIAL UNIT (EQR) SCHEDULES. For the setting of Tap Fees, the HOA has found it convenient to establish Equivalent Residential Unit Schedules. The basis for these Schedules is an average detached single-family residence, or its equivalent. The Schedules are given in Appendix A attached hereto. 5.3 SEWER SERVICE CHARGES. Sewer system operating revenues are primarily derived from sewer service charges. Sewer service charges shall be billed and payable on a periodic basis, in an amount determined by the HOA from time to time based on the HOA's estimate of revenues necessary to operate the system. The HOA shall do an annual reconciliation and make appropriate adjustments regarding the service charges paid or to be paid by each Owner and Designated Intermediary, 5.4 PENALTY FOR LATE PAYMENT. At any time the Owner or, if applicable, the Designated Intermediary is twenty (20) days overdue in payment of any charges due the HOA, the HOA shall have the right to assess a late charge of Ten Dollars (510.00) and an interest charge at a rate of one percent (1%) per month on the unpaid balance. The HOA has the richt to assess to any O.,, ner or Designated Intermediary who is overdue in payment of his account, all legal. court, disconnection, blockage and other costs necessary to or incidental to the collection of said account. 5.5 PENALTIES FOR FORECLOSURE PROCEEDINGS. If at anv time it becomes necessary for the HOA, following efforts to collect overdue 15 payments of any fee or charge assessed by the HOA under these Rules and Regulations or otherwise to enforce the provisions hereof, to initiate foreclosure proceedings, the HOA shall in each such case assess a foreclosure fee against the subject property in an amount equal to the attorneys' fees and other costs of the foreclosure proceedings. Payment of said foreclosure fee and any and all other fees outstanding against the subject property shall be a precondition to the resumption of service to that property. SECTION 6 - COMPLAINT RESOLUTION AND APPEAL PROCEDURES 6.1 APPLICATION. The complaint resolution and appeal procedures established by this Section shall apply to all complaints concerning the interpretation, application, or enforcement of the Rules and Regulations of the HOA, as they now exist or may hereafter be amended. 6.2 INITIAL COMPLAINT RESOLUTION. Complaints concerning the interpretation, application, or enforcement of the Rules and Regulations of the HOA must be presented in writing to the HOA. upon receipt of a complaint, a hearing officer may be designated by the HOA to hear and investigate the complaint. After a full and complete review of the allegations contained in the complaint, the hearing officer shall take such action and/or make such determination as may be warranted and shall notify the complainant of the action or determination by mail within thirty (30) days after receipt of the complaint. 6.3 APPEALS TO THE BOARD. In the event the complainant disagrees with the determination of the hearing officer, the complainant may, within fifteen (15) days from the date of mailing of such determination, file with the HOA a written request for an appeal thereof to the Board of Directors. (If no such hearing officer was appointed, the complaint shall be heard in its entirety by the Board of Directors). The request for an appeal shall set forth with specificity the facts upon which the complainant relies and shall contain a brief statement of the complainant's reasons for the appeal. The Board shall consider the complainant's written request at the next regularly scheduled meeting held not earlier than ten (10) days after the filing of the complainant's request for appeal. Such consideration shall be limited exclusively to a review of the complainant's written request for appeal. No further evidence shall be presented by any party to the appeal and there shall be no right to a hearing de novo before the Board of Directors. 6.4 BOARD'S FINDINGS. The Board of Directors shall make written findings concerning the disposition of the appeal presented to it and shall cause 16 notice of the decision to be sent by certified mail to the complainant within thirty (30) days after the hearing. The Board of Directors will not reverse the decision of the hearing officer unless it appears that such decision was contrary to the manifest weight of the evidence made available to the hearing officer. 6.5 ARBITRATION. If, and only if, after a hearing by the Board of Directors, the complaint has not been satisfactorily resolved, the complainant shall be obligated to submit the matter to binding arbitration before one arbitrator under the commercial rules of the American Arbitration Association in Glenwood Springs, Colorado. If the arbitrator finds that a party is entitled to relief available only through court proceedings, such as foreclosure or injunctive relief, the party may proceed in court to obtain such relief based on the arbitrator's decision, which shall not be challenged. SECTION 7 - SPECIFIC SERVICE CONTRACTS 7.1 CONFLICTS. If and to the extent the terms of these Rules and Regulations are inconsistent or in conflict with the express provisions of a written service contract between the HOA and an Owner or Designated Intermediary or to the extent the express provisions of such written service contract are more specific with regard to any particular matter, the express provisions of such written service contract shall supersede and be controlling over the terms of these Rules and Regulations. One such service contract is the Seaver Service Agreement dated , 1996, between the HOA and St. Finnbar Land Company. 17 to SEWER SERVICE Ar7P7FT.7N7 (St. Fin:':a`_- Proper Section 9.5(e) of Article IX -Water and Sewer Service, of the Second Amended Declaration of Covenants, Conditions, Limitations, Restriction, Reservations, Liens and Charges for the Ranch at Roaring Fork shall be amended to read as follows: (e) To other users outside the Project but within property adjacent to the Ranch pursuant to a service contract between the Association and anv such users or an entity t`{ acting on behalf of such users, said contract to be approved by a majority vote of the Board of the Association. No water or sewer service ray be provided to such users outside the Project which exceeds the capacity of the Association's water and serer facilities including any expansion thereof. Any such service contract shall require the users, at a .,,_.._.:,,l:;l, to pay all costs of constructing, installing, Operating, ...aintaining, repairing and replacina facilities, whether insider or outside the Project, designed solely to Cerve such users; to pay a fair share of the value cf existing or expanded facilities designed to serve both such users and other users in or outside the Project; and to pay a fair share of the costs thereafter of constructing, installing, o7erating, maintaining, repairing and replacing facilities des' neo to serve both such users and other users in or outside the . _ :!est. the fair share of costs cr value to be paid by such users outside the Project shall be determined by the Eoard of the Association in its discretion but shall, at a mininum, be at least equal to the proportion which the units or EQRs attributable to such outside users is to the total of the units or EQRs served by the jointly used facilities. in no event shall the Association serve, or hold itself out as serving or ready to serve all nenbers cf the public, cr take any action which will cause the ..ssoC_. ti: n to be c .ass_fied as a public utility under the laws cf the State Ccl credo. APPENDIX A EQUIVALENT RESIDEtiTIAL UNIT (EQR) SCHEDULE - SEWER UTILITIES Class of User EOR A. RESIDENTIAL CLASSIFICATIONS 1. Single family residential units within the property annexed into the HOA (whether condominium, townhome or detached residence and regardless of number of bathrooms, bedrooms. Half Baths. Caretaker Units or Outbuildings) 1.0 2. Single family residential units not annexed into the HOA with up to three (3) 1.0 bedrooms and two (2) bathrooms or Half Baths 3. Caretaker Unit not annexed into the HOA 4. Each additional bedroom. bathroom or Half Bath n 3t annexes; into the HOA Qualifications and Definitions. The addition of bedrooms and/or paths with a service demand of less than one-half (.5) EQR shall be allocated one-half (.5) EQR and/ Tap Fees for EQRs roust be paid for in one -halt or whole number increments: provided that. partial EQRs required to serve a residence. Caretaker Unit and/or Outbuilding may be aggregated with the EQRs of the associated residence. "Caretaker Unit" shall mean a dwelling unit. located on the lot or parcel containing a primary residence. whether attached to or detached from such residence and used by the family inhabiting such residence. such family's gusts. employees and/or tenants and containing no more than one (1) bedroom and no more than one (1) bathroom or Half Bath. "Half Bath" shall mean a toilet and wash basin. "Outbuilding( shall mean a non -dwelling unit associated with. but detached from. a residence or Caretaker Unit. COMMERCIAL CLASSIFICATION (to be established as necessary] C. OTHER CLASSIFICATIONS Equivalents shall be established on an individual basis for all users other than those identified in Classifications .A and B. 0.4 0.2 Site Application June 1997 St. Finnbar Wastewater APPENDIX B Appendix B - Town of Carbondale Denial Letter Page 25 Town of Carbondale 511 Colorado Avenue Carbondale. CO 81623 (970) 963-2733 FAX (970) 963-9140 May 16. 1997 Thomas A. Zancanella 1005 Cooper Avenue Glenwood Springs, CO 81601 RE: St. Finnbar Waste Treatment Dear Mr. Zancannella: This letter is in response to your April 10. 1997 letter requesting wastewater services for St. Finnbar Ranch. I have had an opportunity to discuss serving this area with the Town of Carbondale Board of Trustees at their May 13. 1997 meeting. The Trustees confirmed that they did not intend to extend wastewater services to the St. Finnbar area in the foreseeable future. It is the Board of Trustees' understanding that St. Finnbar Land Company will be submitting a separate Wastewater Site Application for the Boards review that will provide regional service to this area. If you have any questions_ please call me at 963-2733. Sincerely. John Hier Town Manager Town of Carbondale Site Application June 1997 St. Finnbar Wastewater APPENDIX C Appendix G - Development Schedule for Waldorf School Page 26 1 elsonmcrtranmentai v Wil.FteiVater SQh 1 L � E T 0251ORAND111 s To Tim Malloy and Dave lvtiOnoselson, Rodc Creek Studio, inc. - Planning From: Bob Nelson, NEWS, Ltd. Crate January 15, 1997 Re: Proposed Waldorf Soot Property (KZ.5. Energy Site) Review of Property for On-site Wastewater System As requested, Ne isCn Environmental and Wastewater Solutions, Ltd., res visited the site of the proposed development and performed a preliminary nils study to determine the suitability of the lot for an an -site vrass"tewater disposal system. In addition we have reviewed the State and local requirements and made some estimates of the wastewater flow generated by tris project ITIroughout the phasing pian. it is important to keep lr1 mind that flogs in exces9 of 2C00 gallons on an average day require eater sive and time crinsumirfg State reviews and permits to site application and d::sc harge to groundwater. Throughout this summary, we have anticipated that the carps will never have a Cafeteria for food service cr a gymnasium with showers and locker morn facilities. The Garfield County Code requires that the method of wastewater disposal calor! to re uiatcns, and if an irxiividual, on-site, sewage system is tropcsed, the Soils on the property sliOtj i meet the criteria estatIishead in the Garfield county Indvidual Sewage Cispasaa System Regulation as a suitable soil. These criteria include an acceptable percolation n rate of between five and sixty minutes per inch, slopes across the building envelope of less tr;an 3C%, and an absence of grourter cr bedrock formations within eigrrt feert of the surface of the ground. The wastewater from each of the buildings proposed is to be disposed of by maws of an individ&a( sewage disposal systern(s). There should be sufficierrt area on the let to meet all minimum setback and location requirements for the placement of the individual sewage disposal systen ). However, care should be taiwn in locating the educational buildings in order to provide st.tf cient eras for t#^^.e construction arid perhaps future P- arsrorl rept amen of the sewage system absorption field for the property. In rig rs important to rote that coca requirements provide for minimum sett ode of one to two hundred feet, horizontally, frail the drilled well location, and et least twenty-five feet from the foundations cf each of the buildings_ As mapped by the Snit Conservation Service it is expected that sail types "#13" and V92 are trte main sails on the property. pry. Box 6961 Srawmass Village, CO S-1.61.5 Orifice (970) 9222.3259 Home & Pa (7O) 9223.2766 1 Waldcrf Sciool Submission Sewage Disposal System Evaluarce January 15, 1997 Pae 2 The soil type #13, the Atencio-Azeitine Complex, is believed to predcminate on the bei weere the building* are to be located. These soils are expected to be a sandy loam, derived fram the sandstones and chaies. This sail has moderate tin severe limitations for the installation 01 septic systems, dependent on the percolation rate and the fad that, rf the more rapid permeabilities are encountered, the soli can be a poor filter. The soil is characterized as folic7ws= 1) Bedrock and ground+r to are over six feet deeep. In this case, the standing water Isvel in the well at a distance of 200 feet from the suggested absorption area is 19 feet. 2) 0% to 15% coarse fragments over 3 incries in diameter to a depth of 30 ind'res and 15 to 50% from 30 to 5{] ire as in depth 3) A low shrink -sowed pctei-tai 4) Moderate or rapid permeability. 5) Slopes of 3% to 6% In general, the soils should a rtsist cf a surface layer of reddish -gray, sandy loam about ten incites this c overiaying a calcareous gravelly sandy Ioarrr to a depth cf sixty inches or more, The variability of curse materials will mean that percolation rates and amount of shrink -swell potential will also vary ar'rd be dependerrt on the amount of soil material passing the larger sieves. AithauC,,k the perccEaton rates are likely to be rapid, our expecte-Tx:* in_tie soil type described in the SCS soil mapping unit is that ttte rates cf perobiation ars slow enough to meet the mininum or•:tena of 5 minutes per inch. Following is an analysis of the increase in wastewater flaws as the school expands on the new, proposed site. 1) During the 1997-98 Sc,`'x cI Year, Phase One of construction is to begin, and tine school is expected to be rnave d to this new midvailey site, The inrtiai oonstruc tial includes tine 5 classroom building en the West of the property and Substantial infrastructure improvements (water, septic, parking, 1ar'dscaping and fencing). Nc cafeteria, gyrn or shower facilities are planned. A temporary arrangement is Planned for the toilet rooms and administrative space_ The five available classrooms would be used for K (18 students), grades 213 (18 students), grades 4/5 (18 students), grades 6/7/8 (11 students), end a Specialty room for musideeeythmy. No new grades would tie added but substantial enrollment activities would be undertaken in order to double Waldcrf S : -idol Submission Sewage Disposal System Evaluation January 15, 1997 Page 3 sct,col enrollment in the next year. The number of students far the first year is estimated to be 65 with 7.5 FTE faculty and staff. The resulting average wily wastewater flow (at 15 gallons per person per day) is estimated using the table in the regulations to be 1088 gallons. During the 1998-99 Schaal Year, Phase Two construction +s placed into use. The Central Hail is planned to be completed in the summer of 1998, This signature structure will allow tee school to expand its festivals and performances while providing a larger space for eurythmy and music. 'Mere is also talk of a valleywide orchestra and other uses that could bring additional people to the campus. The five available dessroms would be use for K (20), 1 i2 (20), 3."4 (18), 5l6 (18). Additionally, a new class of 2C* first and second graders would begin. Specialty classes could then use the attached central hail for instruction. The resulting ereoitment would be approximately 7B students and T5 FTE's faculty and staff. The average dailygulations to wastewater flow (at 15 gallons per person per day) is estimated in the re inereaZe to 8 total of 1223 gallons_ During the 199-2000 School Year, a turning point in the evolution cf sem*` 1 may be rem. Because to the energy and investment in K programs, it is anticipated that the school will be able tc start a class of true first graders during this year. This rn>grik-s the9 of innin into a full 8 grade school. A capital Campaign and private growth irrvestmert plan are anticipated to be organized during this year, and will lead to Phase Three construction during the summer of 20W_ Trot summer should also be the beginning of the surnrstier mature studies day camp run by Kate Freisen. The day camp will involve utilization of the nature latoratory an tate lower part of the property and involve a partnership with ACES. The five available ciassrcorras are p'anr ed to be used for K (20), 1 (18), 213 (2C), 4)5 (18), 817 (16), an specialty classes would tie able tc use he attar ped central hall for instruclidn. At this point, the campus is converted to a year-round facility with approximately 92 students and the equivalent cf 8.5 FTE's faculty and staff- The average daily wastewater flaw (at 15 gallon per person per day) is estimated in the regulations to increase to a total cf 1 508 gallons Al the start of the 2000-01 School Year, the Phase Three instruction cif the kindergartenrheusirg facility is expected to have been completed during the summer cf 2000_ The new structure Is planned to include a distinct Child's Garden and two faculty/community housing units. At this point, with three years of careful water use, and records maintained to provide daily meter readings,t sh owid e rteCpcssible of toadmake batter evaluation of Ile sewage treatment system usage tional septic capacity. again, ttle five available classrooms would be used for the following grades and number cif studerrts: 1 (16), 2 (18), 3I4 (20), (18), 7f8 (16). Specialty classes would continue to use the attached central hail for ir^.struction. K (20) would 1 1 1 1 1 Y 1 1 1 1 1 1 1 1 1 1 1 1 Waldorf Scherzi Submission Sewage Disposal System Evaluation Jary 15, 1997 Page 4 move into a new building. If demand is there, a second K could to added in the future for sud1 an event wound be done at this time. Using the regulatory and �e planning nts 9.5 and estimates, the population during this school year, roximate 1 as StudeIa$ a d ETE's fao ty , up to eight housed in the dowelling units then avai n Campus, would reads the threshold of 2000 gaiters of average wastewater flaw. This increase in the wastewater flow is expected to a igger Me need for additional State Review by the Water Quality Control Division and tf^e requirement for obtaining the State site application and groundwater discharge Permits. Substantial wastewater imprvv+ernents, patt;iarly in restee. to the improvement nt of the effluer'rt quality of wastewater discharged to the absorption area(s) may also be necessary at this lime. There is little change in the Wastewater facilities mr flow aticipated during the 2001-02 School Year. The five available classrooms would cantinue wouldto te Us dr3 to ler 1 (16), ci (15), 3 (18), 415 (20), 617 (15) grades. 5peal`-y classesa drive e the attached central hail for it #ruJl0n. K (20) remains new building. A ftmdtpled6 will be used to raise construction funds for Phase Four construction_ ThePhase Four construction of a sec classroom building is ar7teoipeted for the summer of 2002. At that time dedicated classrooms for music and etryleeny will be assigned. The total student popuiation is expected to avec daily1and wast tis awat ed tial 105 FTE's faculty and staff will be on campus Sl approaireatee 2400 gallons. At ultimate buildout, defending on the availability of wastewater treernent facilities and the growth of the school, the school would be eight grafi of classes with an average of 20 students per Bass and two kindergartens with 20 children each. This would bring a tom of 200 children to the cant. In addition, tie following FIT equivalents are anticipated to be generated: Class teens 8 Kindergarten 4 Specialty tesc.here 5 Administration Given a best ease scenario, ultimate buildout would oc. lr during the 2C06-07 school year. Any shortage of available students would defer new classes end delay Fling, but at ultimate buildcue tee average daily flaw of wastewater may approach 380C galibns. While the scils on the lot should prove be well-developed end autf7cientiy permeable, the applicants should De aware that this report is preliminary, and that further site TOTAL P.05 Waldorf Sdecol Submission Sewage Disposal System Evaluation January 15, 1997 Page 5 investigation's are needed before permits and approvals can be received for the construction of any indMduad sewagedisposal system on the property. Once the weather improves and the site is purchased, we would be available to perform final percolation tests and assist a registered professional engineer in developing the final site-specific sewage system design parameters, Since State approvals are not necessery until the year 2000, we suggest that the initial engineered wastewater Facility be designed with a flow of approximately 1600 gallons per day. A septic tanto capacity of 3000 cations and an atisorption field of approximately 2000 saute feet should be selficient for standard methods of sewage disposal Onsite. Waith these flows, a hcrizsor tal separation distance of 212 feet from the well to the absorption field area is regeirod. We would else recommend that and thee more advanced wastewater treatment be considered between the septic tanks final discharge to the sebswiace absorption field to furter remove pollutants and reduce the strergen of the sewage effluent It would be cost - affective and environmentally sound to incorporate final effluere filters to the outlet struottzes of the septic tanks and a recirculating sand filter into the planned sewage system design. In summary, it is our opinion Mat an on-site wastewater disposal system can be construe ed on the lot for the proposed School that 'Mil Meet requiremert$ ccnts'ned in the Garfield County individual Sewage Disposal System Regulations. By phasing the construction and building a srnailer wastewater treatment facility initially, the sc hoe administration has the time to develop pians and obtainthe necessary State permits for the expanded use and the additional building construction expeed to occur after 2000. cc: Bob Schultz TOTAL P.01 Site Application June 1997 St. Finnbar Wastewater APPENDIX D Appendix D - Preliminary Design Calculations & Manufacturer's Product Literature Page 27 L6C `133 Lakeside Equipment Corporation Water Purification Since 1928 January 29, 1997 Zancanella & Associates P.O. Box 1908 Glenwood Springs, CO 81601 ATTENTION: Tom Zancanella 1022 E. Devon Ave. • P. 0. Box 8448 • Banlett, IL 60103 630/837-5640 • FAX 630/837-5647 SUBJECT: Glenwood Springs, CO E.A. Aerotor Design Dear Mr. Zancanella: Per your request we are providing you with our preliminary recommendation for the subject project for our E.A. Aerotor Plant. We have enclosed for your use bulletin 193 describing our E. A. Aerotor Plant, layout drawing DfB-42482-S, and budget pricing. E.A. Aerator The E.A. Aerotor contains all the constituents of an extended aeration process in an economical package plant. Flow enters the plant through a bar screen into the Closed Loop Reactor (CLR) Magna Rotor aerators supply all the mixing and oxygen required in the CLR. After remaining in the CLR for approximately 28 hours, flow then passes over a weir into the Spiraflo Clarifier, which is in the center of the plant. From there, the clear liquid effluent travels over the weir trough, and the sludge is collected and returned to the CLR by an airlift pump. An airlift pump is also used to return scum to the CLR that is trapped by the inlet skirt of the Spiraflo, and collected by the outer race skimmer. This EA. Aerotor offers many benefits including: compact design, common wall construction; odor free operation, minimal sludge production, low maintenance, easy control, and excellent results. Design These plants have been designed for an average daily flow of 50,000 gallons per day and 100,000 gpd, each with an influent BOD of 250 mg/land TI{N of 25 mgli. The Closed Loop Reactor volume was determined by selecting an organic loading at the average flow of less than 15 Ib BOD/1000 ft3. This results in a detention time near 24 hours. Glenwood Springs, CO - 2 - January 29, 1997 Spiraflo Clarifier The clarifiers were chosen to have 15 -ft and 20 -ft diameters based on an overflow rate of approximately 300 gal/f2/day. These clarifiers use a conventional sloped bottom floor, with sludge scraper arms driven by a 1/2 hp drive. The peripheral feed design of the Spiraflo uses the full circumference of the tank to efficiently dissipate the wastewater's hydraulic energy. Thus, it uses the entire tank volume for very effective solids settling. Tests show the Spiraflo to be 2 to 4 times more efficient hydraulically than center feed clarifiers. Scum and sludge airlift are also included in this design along with a blower. Budget Pricing The budget price for one (1) model 15 E.A. Aerotor plant is $122,000. This price includes two (2) -8 - ft Magna Rotors with 5 -ft of blades and 7.5 HP motors, two (2) baffles, two (2) rotor access bridges, two (2) fiberglass covers, one (1) 15 -ft diameter Spiraflo Clarifier, one (1) 3 -ft weir gate, one (1) 3 - inch scum airlift, one (1) 3 -inch sludge airlift, one (1) air blower, one (1) clarifier bridge, one (1) inlet box with manual bar rack and one (1) control panel. This price includes freight to the jobsite FOB our shop, shop prime paint, and start-up service. The budget price for one (1) model 20 E.A. Aerotor plant is $130,500. This price includes two (2) 10 -ft Magna Rotors with 8 -ft of blades and 15 HP motors, two (2) baffles, two (2) rotor access bridges, two (2) fiberglass covers, one (1) 20 -ft diameter Spiraflo Clarifier, one (1) 3 -ft weir gate, one (1) 3 -inch scum airlift, one (1) 4 -inch sludge airlift, one (1) air blower, one (1) clarifier bridge, one (1) inlet box with manual bar rack and one (1) control panel. This price includes freight to the jobsite FOB our shop, shop prime paint, and start-up service. Should you have any questions or desire additional information, please do not hesitate to contact our local representative, Steve Hansen of Goble Sampson Associates, Inc. or this office. Sincerely, 4k •i Paul Vitort PVljb cc: Goble Sampson Associates, Inc. - Steve Hansen P.O. Box 3286 Englewood, CO 80155 Phone: 303/770-6418 Fax' 303/770-6424 cc: LEC - Larry Lehnert Attachments E.A. AEROTOR CONCRETE VOLUME AND COST ESTIMATE DATE: 1128/97 PROJECT: Glenwood Springs, CO ENGINEER: Zancanella & Associates INPUT DATA - Number of E.A. Aerotor Plants Aeration Basin Diameter, feet Clarifer Diameter. feet Aeration Basin Water Depth feet Clarifier Water Depth, feet Aeration Basin Freeboard, feet Aeration Basin Outside Wall Thickness, feet Clarifier Wall Thickness, feet Slab Thickness. feet Number of Rotors Per Reactor Access Bridge Width. feet Access Bridge Thickness, feet Effluent Weir Length. feet -1 - 40.00 - 15.00 - 7.00 - 12.00 - 2.00 - 1.00 - 1.00 - 1.50 - 2 - 0.00 - 0.00 - 2.00 Tank Slab Concrete Cost, $/cu yard - $230 Tank Curved Wall Concrete Cost_ $/cu yard - $460 Rotor Support Concrete Cost, $/cu yard - $500 Access Bridge Concrete Cost. $/cu yard - $600 Effluent Weir Concrete Cost. $/cu yard - $-130 OUTPUT DATA 'lank Slab Concrete Volume. cu yard/reactor Tank Curved Wall Concrete Volume. cu yard/reactor Rotor Support Concrete Volume, cu yard/reactor Access Bridge Concrete Volume, cu yard/reactor Effluent Weir Concrete Volume, cu yard/reactor Total Concrete Volume, cu yard/reactor - 77.0 - 69.0 - 10.8 - 0.0 8.1 - 164.9 Total Slab Concrete Cost - $17,703 Total Curved Wall Concrete Cost - $31.739 Total Rotor Support Concrete Cost - $5,400 Total Access Bridge Concrete Cost - $0 Total Effluent Weir Concrete Cost - $3,479 TOTAL CONCRETE COST - $58,321 NOTES: 1. Concrete costs based on MEANS BUILDING CONSTRI.JC-ITON COST DATA and include contractor profit and overhead. 2. Costs do not include excavation, till. backfill, piping. valves. grating. handrails, splitter box, slide gates or other appurtenances. 3. Basin slab volume includes 1 ft extension for anchor footing beyond outer walls. 4. Rotor support concrete volume based on average of 5.4 cubic yards per rotor. 5. Bridge length equals channel width between clarifier and aeration basin walls plus 2 times the wall thickness. 6. Effluent weir concrete volume includes 6.75 cubic yard constant plus 0.67 cubic yards per foot of weir E.A. AEROTOR CONCRETE VOLUME AND COST ESTIMATE DATE. PROJECT: ENGINEER: INPUT DATA 1128/97 Glenwood Springs, CO Zancanella & Associates Number of E.A. Aerotor Plants - Aeration Basin Diameter, feet - 50.00 Clarifer Diameter. feet - 20.00 Aeration Basin Water Depth, feet - 9.00 Clarifier Water Depth. feet - 12.00 Aeration Basin Freeboard, feet - 2.00 Aeration Basin Outside Wall "Thickness, feet - 1.00 Clarifier Wall 'Thickness. feet - 1.00 Slab Thickness, feet - 1.50 Number of Rotors Per Reactor - 2 Access Bridge Width, feet - 0.00 Access Bridge Thickness, feet - 0.00 Effluent Weir Length. feet - 3.00 Tank Slab Concrete Cost, $/cu yard - $230 Tank Curved Wall Concrete Cost. $/cu yard - $460 Rotor Support Concrete Cost, $fcu yard - $500 Access Bridge Concrete Cost. Sfcu yard - $600 Effluent Weir Concrete Cost, $/cu yard - $430 OUTPUT DATA Tank Slab Concrete Volume. cu yard/reactor Tank Curved Wall Concrete Volume. cu yard/reactor Rotor Support Concrete Volume, cu yard/reactor Access Bridge Concrete Volume. cu yard/reactor Effluent Weir Concrete Volume, cu yard/reactor Total Concrete Volume. cu yard/reactor H 8.0 -99.5 - 10.8 -0.0 - 8.8 - 237.0 Total Slab Concrete Cost - $27,136 Total Curved Wall Concrete Cost - $45.763 Total Rotor Support Concrete Cost - $5.400 Total Access Bridge Concrete Cost - $0 Total Effluent Weir Concrete Cost $3,767 TOTAL CONCRETE COST - $82,066 NOTES: 1. Concrete costs based on MEANS BUILDING CONSTRUCTION COST DATA and include contractor profit and overhead. 2. Costs do not include excavation, fill, backfill, piping, valves, grating, handrails, splitter box, slide gates or other appurtenances. 3. Basin slab volume includes 1 ft extension for anchor footing beyond outer walls. 4. Rotor support concrete volume based on average of 5.4 cubic yards per rotor. 5. Bridge length equals channel width between clarifier and aeration basin walls plus 2 times the wall thickness. 6. Effluent weir concrete volume includes 6.75 cubic yard constant plus 0.67 cubic yards per foot of weir. BAY 121991 Lakeside Equipment Corporation Water Purification Since 1928 May 8, 1997 Zancanella & Associates P.O. Box 1908 Glenwood Springs, CO 81601 ATTENTION: Tom Zancanella 1022 E. Devon Ave. • P. 0. Box 8448 • Bartlett. IL 60103 630/837-5640 • FAX 630/437-5647 SUBJECT: Glenwood Springs, CO Closed Loop Reactor (CLR) Process E.A. Aerotor Configuration Dear Mr. Zancanella: We are hereby presenting for your review our design recommendations for the subject project. Our design is based upon the 1990 edition of "Ten States Standards" which forms a basis of design review for most state agencies. Enclosed is the following information regarding the design: Design Summary Drawing D1B-45644-S - E.A. Aerotor Plant Layout BASIS OF DESIGN At your request, this design was selected based upon the following criteria: INFLUENT DESIGN PARAMETERS Average Day Flow, mgd - 0.03 Peak Flow, mgd - 0.075 BOD;, mg/1 - 250 TSS, rng/1 - 250 TKN, mg11 - 25 NHS -N, - NA Total P, mg11 - NA Minimum Temperature, °C - 5 Maximum Temperature, 'C - 20 Site Elevation, feet above MSL - 5.760 Glenwood Springs, CO 2 May 8, 1997 PREDICTED PERFQRs1ANCE PREDICTED EFFLUENT CHARACTERISTICS BODS , mg/l 15 TSS, mg/1 15 Total Nitrogen, mg/1 NA TKN, mg/1 NA NI -13-N, mgll - 4 Total P, rngl1 - NA REACTOR DESIGN The one (1) closed loop aerobic reactor for 0.03 mgd has been calculated based upon an organic loading of 13 lb BOD, per 1,000 cubic feet. This results in a total volume of 4,812 cubic feet which provides for a nominal hydraulic detention time of 29 hours for the CLR Process. Magna Rotors provide the mixing and oxygen delivery requirements. See the Design Summary for the reactor sizing. The future additional reactor for 0.07 mgd is based on an identical organic loading. OXYGEN REQUIREMENTS To supply the oxygen requirements for the 0.03 mgd plant we have selected two (2) 5 -ft long Magna Rotors, each with 5 ft of 304 stainless steel blades. This selection was determined using an oxygen requirement for BOD{ removal of 1.5 lb 0, per lb of BADS and 4.6 lb O, per lb TKN in accordance with Ten States Standards recommendations. Under normal conditions, the rotors would operate at approximately 5.1 inches immersion at 50 rev/min while delivering a total of 10.9 lb O, per hour. The power draw would be 3.0 brake horsepower or 3.6 lb of oxygen per brake horsepower hour. Should one Magna Rotor be out of service for any reason, the remaining one (1) Magna Rotor can handle the necessary mixing and aeration requirements by operating at 50 rev/min and 8.4 inches immersion. For the future additional 0.07 mgd, two (2) 11 -ft long Magna Rotors would be utilized. VELOCITY CONTROL BAFFLES The Lakeside Magma Rotor is the most efficient mixer there is for a closed loop reactor. Therefore, bulk liquid velocities can reach over 3 ft/sec in some cases. Velocity control baffles are used to convert excess bulk liquid velocity to more turbulent mixing by increasing the vorticity component of the Reynolds Number (Re). The velocity control baffles are adjustable from 15 to 60 degrees from horizontal. Glenwood Springs, CO 3 May 8, 1997 COLD WEATHER/MIST PROTECTION We recommend our Type "E" Rotor Cover to eliminate spray in the Rotor area. This cover minimizes misting and spray from the Rotor operation and provides a clean working environment for the operator. The rotor cover also reduces heat losses during cold winter operation. EFFLUENT WEIR ASSEMBLY Each Rotor is designed to operate with an approximate 1.5 -inch allowance for diurnal aeration basin variations without overloading the motor. The suggested Magna Rotor drives are 7.5 hp to handle this situation. To provide adjustment of Magna Rotor immersion we are recommending the use of one (1) 3 -ft long FRP Weir Gate assembly per reactor. FINAL CLARIFICATION We recommend one (1) 20 -ft diameter by 12 -ft sidewater depth Spiraflo Clarifier. We have sized the final clarifier for the future 0.1 mgd flow with a hydraulic loading rate at a design average flow of 318 gallons per square foot per day and not to exceed 796 gallons per square foot per day at the peak hydraulic loading rate. The Lakeside Spiraflo Clarifier has a hydraulic efficiency of 2 to 4 times that of a centerfeed clarifier. This hydraulic superiority has been the key to the operating success of the over 1,500 Lakeside CLR plants worldwide. When compared to conventional centerfeed clarifiers, the Lakeside Spiraflo Clarifier installation costs are typically lower. This is primarily due to the fact that the Lakeside Spiraflo Clarifier. although slightly more costly based on equipment only, can be easily installed in a circular tank and does not require cantilevered concrete or steel launders as typically utilized with a centerfeed design. Our pricing for the Lakeside Spiraflo Clarifiers also includes the launders, weirs, and baffles which typically must be added to the price of a centerfeed clarifier. BU DG ET COSTS On printout page 3 of the Design Summary, we have listed the estimated selling price for the proposed equipment to be used in the process layout, the weight of the equipment and the estimated installation time to install our equipment. Glenwood Springs, CO 4 - May 8, 1997 a - i ti as K47'fY'`i-,7i''i ""+ a et 1V a tE a s ar - *4 • a .� s• a ■ a s e G: �S 14. s h-: i r ➢ i & i.i 1�.1 As this project moves forward, Lakeside can easily provide specific recommendations concerning the design of the CLR Process. We can also furnish drawings on floppy disk in a DXF format which is suitable for translation into your CAD system. Specifications can also be furnished on floppy disk. i7 *►? r`' T 1CT or -L IV C s s• e r x ■ o a. In summary, the Lakeside CLR Process offers enhanced treatment performance with less construction cost, less energy cost, less operation cost and less maintenance than competing systems We trust this information meets your requirements. If you have any questions, feel free to contact our local representative, Goble Sampson Associates, or this office. Regards, Steve Eckstein SEIj b cc: Goble Sampson Associates - Steve Hansen LEC - Larry Lehnert E.A. AEROTOR PLANT CALCULATIONS MODIFIED STANDARD CONFIGURATION - ONE ROTOR OUT (0.03 MGD DESIGN) PROJECT: Glenwood Springs, CO ENGINEER: Zancanella & Associates DATE: May 8, 1997 I. DESIGN INFORMATION A. Total Design Flow B. Number of Reactors C. Design Flow per Reactor D. E. F. G. H. I . J. K. L. M. N. Influent BODS Influent TKN Organic Load TKN Load Alpha Coefficient Beta Coefficient Reactor Dissolved Oxygen Design Temperature Altitude Peak to Average Ratio Standard Oxygen Requirement II. AERATION REACTOR VOLUME A. B. C. Organic Loading Volume Required Detention Time III. ROTOR REQUIREMENTS A. B. C. D. E. G.. H. Type of Rotor Used Rotor Mixing Requirement Min. Rotor Blade Length for Mixing Oxygen Required Number of Rotors Provided Rotor Blade Length, Single Total Rotor Blade Length Provided Design Immersion 0.03 MGD 1 0.03 MGD 20.8 GPM 250 MG/L 25 MG/L 62.6 LB BOD5/DAY 6.3 LB NH3/DAY 0.8 1,0 2.0 MG/L 20 DEG C 5,760 FT 2.5 ( 1.5 LB O,/LB BODS + 4.6 LB O,/LB NH3) X FIELD CORRECTION FACTOR 13.0 LB BODS/1,000 CUFT 4,812 CUBIC FEET 28.8 HOURS 42 IN MAGNA 21,000 GAL/FT 1.72 FEET 10.88 LB O,/%IR 2 5 FEET 10 FEET 5.1 INCHES 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 Glenwood Springs, CO - 0.03 mgd Design Page 2 I. J. K. L. M. N. O. P. Q. R. Design Rotor Speed Design Oxygen Transfer (All Rotors) Design Brake Horsepower per Rotor Immersion (One Rotor Out) Rotor Speed (One Rotor Out) Oxygen Transfer (One Rotor Out) Maximum Immersion Maximum Brake Horsepower per Rotor Min. Motor Horsepower Required Motor Horsepower Provided IV, REACTOR DIMENSIONS A. B. C. D. E. F. G. Sidewater Depth Slope of Side Walls Reactor Flat Bottom Width Reactor Outer Tank Diameter Reactor Volume Sludge Holding Tank Volume Sludge Holding Time V. FINAL CLARIFIER DESIGN (SIZED FOR 0.1 MGD FLOW) A. C. 11 F. H. Number of Clarifiers per Reactor Design Surface Settling Rate (@0.1 mgd flow) Diameter Actual Area per Unit Peak Surface Settling Rate Volume per Unit Sidewater Depth Actual Detention Time 50 1.09 1.49 8.4 50 2.18 15 6.10 6.42 7.5 RPM LB O2IHR-FT BHP INCHES RPM LB 02/11R -FT INCHES BHP HP HP 6 FEET 90 DEG 9 FEET 40 FEET 5,259 CUFT 452 CUFT 15 DAYS 1 318 20 314.2 796 3,770 12 6.8 GAL/SOFT-DAY FEET SOFT GAL/SOFT-DAY CUFT FEET HOURS VI. ADJUSTABLE OXIDATION REACTOR WEIR (SIZED FOR 0.1 MGD FLOW) A. B. C. Daily Design Flow per Reactor 0.10 MGD Number of Adjustable Weirs per Reactor 1 Length of Weir Provided 3 FEET VII. TOTAL PLANT RETURN SLUDGE PUMPING REQUIREMENTS (SIZED FOR 0.1 MGD FLOW) A. Minimum Pump Capacity ( 50.0% Design Flow) B. Maximum Pump Capacity (150.0% Design Flow) 35 GPM 105 GPM Glenwood Springs, CO - 0.03 mgd Design VIII, BUDGET PRICING Items which are included in the E,A. Aerator package are as follows: Page 3 - One (1) 20 -ft diameter Spiraflo Clarifier with bridge and walkway - Two (2) 5 -ft Magna Rotors with 5 -ft of stainless steel blades, 7.5 hp motor, reducer and bearings - Two (2) rotor access bridges and walkway - Two (2) velocity control baffles - One (1) 3 -ft fiberglass weir gate - Rotor covers - Sludge and scum airlift with blower/motor (sized for 0.1 mgd flow) - Electrical control panel (includes capacity to operate two future Magna rotors) - Shop painting of all ferrous parts - Freight to the job site - Start-up service Unit Price: Total Price: Approximate Shipping Weight: Estimated Installation Time: - $120,000 - $120,000 - 19,300 lb - 250 hours The future upgrade to 0.10 mgd flow will require a second channel as shown on enclosed drawing D43- 45644-5. Two Magna rotors will be required for the upgrade. Budget pricing is as follows: - Two (2) 1 1 -ft Magna Rotors with 11 -ft of stainless steel blades, 15 hp motor, reducer and bearings - Two (2) rotor access bridges and walkway - Two (2) velocity control baffles - Two (2) rotor covers - Freight to the job site - Start-up service Upgrade Budget Price: - $76,500 Not included in the selling price is the cost of the concrete tank walls or concrete pad, installation of equipment, erection of the equipment, interconnecting piping and wiring, along with final painting of the equipment. SE/jb 05/08/97 111111 MI all NS OS 4111M1 MI MI 18111 111111 SO IN No sa a • • 0 r 7 m (fi .15 m L6 -LO --O d'3 091,4 DI INVid d01.0d3V 03 SONIddS 0OOMN319 NIP SIP NMI 11111 11111 1E11 4E1 SIB lin lip IMP all nil IIIIII z m ✓ m 2 G7 rn '0 W c "� r O rn T f— m m — ]cj) r r OJ m- z Q' r -1 X 70 Frl to 1- -1 m rn 1-10 rn rn n 6'-9- 5'_6 114 ` } r) A mi� ren c" Inco 74 fn C) rn w2 r-- cc r rn cD cry � M 9c4 el3l3EHb NOIIVONf703 QNV cn c) rn m 00 narras m —r ---I rn cn 0 cn �s o aaco y rn co armor m* rn m p rn a m o m � rn o v r r— m - n 0 r CD - 5 my rznC) 73 0 rn m C) cn cn m m m rn z Q m Us NOIIVATIR IVNOLL3RS t1 Iecr— L as HOfl0�1 thJM (0 4'-0 1C'-0- S.W.D SLUDGE PIPE LINE BEYOND THIS POINT BY OTHERS 8._0. S.W.D. 10'-0" 11111 UN 111111 11111N 1111 11111 SIN 111111 11111 11110 11111 NMI 1111 611 4 0 i L1 0 d ▪ • • x - z• 0 pp 1 1--4M G 0 F ofrl� r AMM rn� /c• Tl '- I- "0 "0 A c, cis m CAx ✓ rn ao Mo r -4 C3 � 411 fr1 Q -5 1/4' 2.-& 112' 3" DIA HOLE BY OTHERS A cn 7 m 112. 1'-9- 3d OO 'ON00 1'-0" 8 8 1/2' ria z 10'-o, LJ 1"-9' 16-0 i 8 1/2- 1 .-9' Crl 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 -771771:142 FROM GOBLE Sar1PSDN ra-±* V E E E E f f E E E E E E t TO 19709451253 P.16 uv OPEN CHANNEL ULTRAVIOLET DISINFECTION TECHNOLOGY 1 1 1 1 1 1 1 1 1 1 t 1 1 1 1 1 JUN -11-199? 14:42 FROM GOBLE SAMPSON TO 19709451253 P.02 JUN -11-97 WED 1048 ECCMETRICS INC. 2 s' F L'AL E T 0 Q 0 0 M 1 1=0 nOw yt xi q:.4"'20 59 �. Awa F.O E w G in 0 0 0 0 0 FAX NC, 121E4531C00 P.02 b w SENSOR t'O kt :AlVOLEThib. WATER LUVEL 6 0 0 0 rsr f1 �0 A 21 CL r' µj �^ © gi •sg Of O e�1 MATERIAL: 304L 2 a 2 JUN -11-1997 14:43 FROM GOBLE SAMPSON TO 19 09451253 P.03 JOHN MEUNIER June 11, 1997 GOBLE SA'► SON ASSOCIATES 7076 S. Alton Way BL G , Engles, CO 80112 USA To the amotrioft ofMr. FronkKayfor SEUJECZE SAB�r-T•flNABe RAWCS, CO Cont -Flo Bar Screen Our file proposal No. 97.P.573 Dear Frank; Further to your request; we are pleased to submit, on a buyfreselll basis to GOBLE SAMPSON ASSOCIATES, our pzoposal; for the supply only of the following equipment. A) One (1) Coit -Flu Bar Screen Model CF -15 -TSCA with 172" ba: spacing with 84" Lift from channel invert to discharge point for a new 15" wide cham2e1. each including: - one frame, rake, rack and pinion drive mechanism and 304 SS housing; - ane 3/4 HP, HP corm protected geamontor and brake; - one NEMA -4 control panel; cJw - program timer with an 8 to 180 min. adjustable startimterval; - differential pressure control system, air bubbler type including diaphragm air cow; - NEMA -4 auxiliary control station incorporated with the screen junction box; - one 304 SS power cable housing; - one set of anchors, - surfaces, except those no' d othQvirise. shall be bot dip galvanized; -siXO&Mrnanuais Our budget list27,756.00 each list Gross *hipping weight 2800 IWeach g00/Z00 frj )alta MeurSer u,c- re ((Mkt) 1-14K 11(5 M.:1514) 334-7230 T&&.: (514)334-5070 CO ROD r -.a ONI OONRSO14/IkC 02.0l1-CCfTXV3 $o:1T Lfi-'iTi80 JUN --11-1997 14:43 FROM GOBLE SAMPSON TO 19709451253 F.04 B) FACTORY START-UP. SERVICE NOT INCLUDED C) TEST : - Mechanical and control opmtional test of the above listed equipment is inctuded in item ''B" (service), should you decide to include this it is your ProP°sol- FREIGHT CHARGES TO Sit E ......... ,..�...,.,.. _.. 2,000.00 each NET 141121E: hews not lei in the equipment description of this proposal ARE NOT PART OF rms OFFER - Our teams are .sI 30 days, FOB R at, all taxes and fist exua. Duty is included and the above prices are in US fiords. Units will be shipped withia 14 to 16 weeks after receipt of approved documents and drawings, Please refer to the attached suet for additional teems and conditions wiich are also part of this offer. prices arc firm for forty-five (45) days. Your usual discount applies to all Vices Sincerely, MiahelB P-F,A.Sc., Inside Sales Manager, Water Treatment VTE .SO1J 9©O/£DDj oa SOD R -.•t 3NI O» E SOfd/INT 910Tnt374 TY.3 90:IT L8/77/90 JUN -11-1997 14 : 44 FROM GOBLE SAMPSON TO 19709451253 F.05 TEF\ LS /OD COZWITIO S These terms and conditions crf sale are also part of our offer in addit uu to those already listed in our quotation for this project. Chu- supply does not include the mechanical installation, intemonneenon and the electrical into oonnecticus between the power supply lime and the panel, as well as between the panel sad the tmction box. 2. Our standard supply includes 6 copies of the instructor, manual for the equipment Ali additional copies will be charged at the ext ant oarzt of s SO. D0 each net. 3. Start up assistance is not included (unless. otherwise indicated els:whcre), We ca- offer the services of a qualified technician at the rte of $ 450.O0rday.plas living and travelling exposes (should additional service be required). 4 The Jch MAunier Inc. equipment is warranted against defects in material and workmarship for a period 12 moaner from the date it has been placed in service, 18 mord maximtima after the daze of Inside Sales Manager shiprneaat. For any item found to contain such a def within this period, an equivalent will be furnished FOB shipping point This s<arrarxty shall not apply to any product which has been subjected to accident, ahrration, abuse, misuse, mise_pplication or improper maims -name, 5. The attached dexcrptian of the proposed equipment far this project and the No and aceptions or deviations to the specs aro an irdegral part of this quotation. This potation will remain Elm fora period of 31) days following the date ofthis offer (if not mentioned otherwise in the quotation). However as extension of this period will not necessarily indicate a price increase. This oar allows only 8 weaeks maximum for submittal approval An ea to ion of this period could involve a price increase, 8. JArfI :rakes exneptinn tv aiI liquidated datums clauses. 9. Pries q sicked will remain film for the duration dcfmce by the schedules atatexi in the proposal as follows; I. Time allotted for approval of technical documents. 2. Time al°tatted forinnarrafacalring and delivery Shanld document approval exceed the tame Jcrtmeat specified and/or should delivery of the exluipment be delayed by purchaser, John Meunier Inc. will have the right to =pest an aditLstai=t uo quoted price. 10. Field tarts are not included in this offer except if specu'cied otherwise in the derailed offer. 1 l . This proposal including these additional terms and conditions supersedes all other offers. 12. This offer does net include costs for substiorfion, evaluation, redesign and expenses required to accommodate modifications necessary r to frt the c e& riibed equipmet_ • 13. The d:cr ipziaent snail not be released for piodnction tell John Nieunim Inc. has been notifead in writing of the shipping address. Any delay to convey this information may e. est the delivery scbedu: e. 14. Items not listed in the egrsiptne*ot description of this proposal are not part of this offer. rine tit. ++. • nal -•,n•••+.• 1 .Tien JUN -11-199? 14:44 FROM GABLE SAMPSON TO 19709451253 P.06 Z - ouJel CC V) AL! /38Yz 3 IjB pao/gooe OD Of Oso/IM' 9LOTtlEtTg XV J OVIT LC/IT/90 3C 1 1 1 1 1 1 1 1 1 1 1 1 JUN -11-1997 14:45 FROM GOBLE SAMPSON JOHN MEUNIER TO 19709451253 P.07 "CONT-FL0" BAR SCREj SPECIFICATIONS PROJECT: $7f4r# • I`'srnNags2rRarac& ( FILE NUMBER: 9 7-P-5 'J 773 OPERATING CONDITIONS ( Per Unit Maximum flow Water level Velocity (Approach) Bar spacing Par height Bar (width x depth) Rake teeth thickness C�. I /2,7643 //2 r 168x2.14 Channel width Channel depot Diischarge height Frame height above op. floor Lift Weight Nurr..ber of units /s" 3G " /38 /a• 8.5/1? 28oc. .Lbs Each bar screen supplied shall be of the "CONT-FLO" vertical bar screen type model CF-//= ! 23 C A as manufactured by JOHN MEUNIER inc. The unit shall consist of a bar rack, countercurrent rake mechanism, drive and self -standing monobloc s;ructurai frame. It shall be factory assembled and tested prior to its deliver/. Each unit shall positively retain debris from the incoming flow with a vertical bar rack and rerncve them with a travelling rake that engages from the downstream side ( back cleaned design ). Each unit shall have a bar rack made of equally spaced vertical bars welded at the bottom only to a support plate capable of withstanding a full water differential. Each "CONT-FLO" rake mechanism shat: consist of rake teeth profiled to prevent the screenings from falling behind the bar rack. The rake shall provide a nominal shelf capacity of 10 inches (250 mm). The rake arm, attached to the travelling carriage, shall be fabricated with welded square tubing. Each cleaning system shall include a polyethylene and feather blade wiper to transfer the screenings from the.rake to a reinforced stainless steel pivoting chute set at 55° from the her:ortal. Each "CONT-FLO" carriage drive assembly, includes a ( p nion and rack / snail be driven by a 'T. r c type, 3A/ H.P. motor having a class insulation, to S.F. and operating on +lay. Volts, 3 -Phase, G•© Hz. The gear reducer shall have a minimum S.F. of 74 Each "CONT-FLO" control system, assembled :in a ..6L EMA enclosure, shall include a his ( `sneakers, magnetic starters, relays and flamers,4-" wee# an al! accessories tc ensure manual and automatic screen operation. Option of start signals: ( D.P. switch 0 High level start float ;t11' Adjustable timer (- External source MATERIAL OF CONSTRUCTION r*, Bar Raze RakeChute and Mn Housing Sides and Front Structure Side frame Structure, Top. Bottom and Back Hot Dipped c3afv A36 Steel` (._) (, - (..t -- L,304 Stainless Steel U . til r Revision: 96/03/05 800/9401) 00 4O0 DtiI 03 3SO d/1lCf 9LOT5tttTXaa Oi:ii LBltt/90 TOTAL P.07 1 Site Application St. Finnbar Wastewater 1 June 1997 APPENDIX E 1 Appendix E - Plant and Lift Station Drawings 1 1 1 1 1 1 1 1 1 1 1 1 Page 28 1 ME— r---- r NM r In M r— r MN — SA M ST. FWNBAR FARM SUBDi47SON SANTARY SEWER PLAN AND PROFILE DE5, ON DR. ON CA, IPO NO' DATE REVISION Or DATE 5/5/07 FILE :SAN -PP A 1+1 M 62: IV. II NM NO 1•11 NM MN MI 11111 NM IMO MI I= IMO OM MI 11E1 MI ' IMM5-1.12: •- r A ,P0.1.11 LULL ft M.jI, A s R M RIM I INV. INV. INV - M. H -TA -RIM- INV. INV. )0 )5. 00 I 62 +71 255,: IN '‚4 GUT_ A3 3+42 6256-. IN OUT 9.82 A2 -A1 7 250,52 A3 -A2 250.52 01-A2 6250.32 A2 -A1 00 251.92 A4 -A3 6251.72 A3 -A2 STA +55 RIM 260.52 INV. IN 6254.31 A5 -A4 INV. OUT 6254.11 A4 -A3 OW MO emilmol STA. 6+75 MATCH TO SHEET 2 SIVOS 01FMVZIO ..... 125.0 FT too - . 4 • ' CP ta e..1 1,2 0.69 " 5D u. - kr J1 01 0 0 8 ---------- STA. 6.177EMATCH TO r3HEET 2 ST, FINNBAR FARM SUBDIVISION SANITARY SEWER PLAN AND PROFILE FOCH COUNTRY ENcaEE 7:7QV 0:ocean AYEFLE Ell_DARODO EPRINCID, CO 51601 Mi10701 545-5575 1XINE70) 545-21S5 DES. JIN DR. Jitk CR, TPU DA1E 5/5/17 NO. DAR CILELSAN-PP REVISOR 54 NM 1 r 1 OM 1 r N 1 MI r--- MN MI= 1 STA. 8+75 MATCH TO s -EET 1 .31 A5 -A4 4.11 A4 -A3 6,45 A6 -A5 56.25 A5 -A4 STA 13+32 RIM 6255.28 INV. OUT 5259.25 A6 -A5 21V3S 31HdY2fO STA 8+75 MATCH TO SHEET 1 i s r s..r O 6 ST. FINNBAR FARM SUBDIVISION SANITARY SEWER PLAN AM PROFILE � .� HON ❑ORRRTT7f ENONEZRNq NC 973 C OOPEH AYEHJE _ G_El415-e WRINGS, CO 5-2 �rorol4L`r8876 rxmro] ws-xsss iI DES. JTN PR, JTN CI . TPB _DATE 5/8/97 OAT( FILE=SAH-PP RE VIS IOM DV 1 Y='k-- I 1__.__ 1 TJ11Tr tip RIM 6260.52 INV. INV. A4 066 IN 625 OUT 62 , 1 1 1 1 m.H. Jt STA 9+32 I RIM 6251.38 INV_ IN 62: i 1 INV- OUT 6: 1I I I H-..,‘,1 i 1 1 .. 14 g4 1 --I- rI I I I 1 1 @ ' I 1 4 U+.H. A6 .31 A5 -A4 4.11 A4 -A3 6,45 A6 -A5 56.25 A5 -A4 STA 13+32 RIM 6255.28 INV. OUT 5259.25 A6 -A5 21V3S 31HdY2fO STA 8+75 MATCH TO SHEET 1 i s r s..r O 6 ST. FINNBAR FARM SUBDIVISION SANITARY SEWER PLAN AM PROFILE � .� HON ❑ORRRTT7f ENONEZRNq NC 973 C OOPEH AYEHJE _ G_El415-e WRINGS, CO 5-2 �rorol4L`r8876 rxmro] ws-xsss iI DES. JTN PR, JTN CI . TPB _DATE 5/8/97 OAT( FILE=SAH-PP RE VIS IOM DV M I I-- MI MI - ® i I I M MN l= 1M E MI 0 47 n A e STA 2+50 MATCH TO 81- T 3 --�..-Ir 2 TA 5 26 M 6 59.45 NV. N 6254.58 03-B2 NV,_1tUT 6254.39 82-81 M.H Q.}` STA 5+56 RIM 6261.50 INV IN 6256.46 84-93 INV OUT 6256.26 B3 -B2 M M-134 SiA 10+23 IZ M 6263,86 INV, OUT 6258.26 64-B3 4 F 8TA. 2+50 MATCH TO SHEET 3 rr�r r rIIMB r r rr�r�r eras 31HdVHo T ST. FINNBAR FARM SUHDNISION SANITARY SEWER PLAN AND PROFLE 101 COUNTRY EN ICI. NC. 923 CCOPEFI AVENUE CLENwoao EMMA co 91301 PH0701945-M0:711 FX(7D} 943-2563 DC5. J1N OR, JEN NO. DATE REVISION BY CK. TPB DATE 5/5/97 FILE:SAN-PP