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Home My WebLink About1.0 ApplicationCOLORADO DEPARTMENT OF PUB. ALTH AND ENVIRONMENT Water Quality Control Division 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 • APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OR EXPANSION OF: LIFT STATIONS AND INTERCEPTOR SEWERS APPLICANT: St. Finnbar Land Company ADDRESS: c/o Ron Garfield, Garfield and Hecht, P.C. 601 East Hyman Ave. CITY, STATE, ZIP: Aspen, Colorado 81611 PHONE: (970)925-1936 Consulting Engineer: _ High Country Engineering, Inc. Phone: (970)945-$678 Address: 923 Cooper Ave. City, State, Zip: Glenwood Springs Colorado 81601 A. Summary of information regarding lift station/interceptor sewer: 1. Proposed Location (Legal Description): SW 1/4, NE 1/4, Section 31 Township: 7S Range: 87W County: Garfield 2. Type and capacity of facility proposed: Major Processes Used Residential Lift Station Hydraulic: 8,281 9 allday Organic: lbs. BOD51day Present PE: 0 Design PE: 91 % Domestic: 100 % Industrial: 0 3. Location of Facility: Attach a map of the area which includes the following: and neighboring land uses. 1 -mile radius: habitable buildings, topography, 9 4, Will a State or Federal grant/loan be sought to finance any portion of this project? No 5. Present zoning of site area? A•ricuitural/Residential/Rural Densit Zoning within a 1 -mile radius of site? See Attached 6. What entity has the responsibility for operating the proposed facility? St. Finnbar Farm Home Owners Association WQCD-3c (Revised 2199) of 4 APPLICATION FOR SITE APPRO. JR CONSTRUCTION OF LIFT STAT.. .ND INTERCEPTOR SEWERS 7. Who owns the land upon which the facility will be constructed? St. Finnbar Land Company )Please attach copies of the document creating authority for the applicant to construct the proposed facility at this site.) 8. Estimated project cost: $65,000 Who is financially responsible for the construction and operation of the facility? St. Finnbar Land Cornpanv(construction), St. Finnbar Farm Home Owners Association(Operation) 9. is the facility in a 100 year flood plain or other natural hazard area? Yes If so, what precautions are being taken? A minimum finished floor elevation will be set for the Lift Station which is out of the 100 flood plain. Has the flood plain been designated by the Colorado Water Conservation Board, Department of Natural Resources or other agency? FEMA — Community Panel Number 080205 1880 B Jan. 3`d11986 (Agency Name) 1f so, what is that designation? Zone A3 10. Please include any additional factors that might help the Water Quality Control Division make an informed decision on your application for site approval. 11. The proposed Lift station or interceptor sewer, when fully developed, will generate the following additional load: Peak Hydraulic (MGD): 0.033 P.E. to be served: 91 12. Describe emergency system in case of lift station and/or power failure. Duplex pump system with gas back-up generator 13. Name and address of wastewater treatment plant providing treatment: Ranch at Roaring Fork Horne Owners Association, Inc. c/o Michael Bell, 14913 Highway 82, Carbondale. Coloarda 81623 2 of 4 WQCD-3c (Revised 2/99) • • APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OF LIFT STATIONS AND INTERCEPTOR SEWERS 14. The proposed lift station or interceptor sewer, when fully developed, will increase the loading of the treatment plant to y E3 % of hydraulic and 118 % organic capacity and Ranch at Roaring (Name of Treatment Agency) Fork agrees to treat this wastewater? Coate) (Signature and Title) B. 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 for the agency's review and recommendation. C. Recommendation of governmental authorities: The application shall be forwarded to the planning agency of the city, town, or county in whose jurisdiction(s) the lift station and/or interceptor sewer is to be located. The applicant shall obtain, from the appropriate planning agency (agencies), a statement(s) of consistency of the proposal with the local comprehensive plan(s) as they relate to water quality {subject to the provisions of 22.3(6)). The application shall be forwarded to the water quality planning agency (agencies) for the area in which the facilities are to be constructed and for the area to be served by those facilities. The applicant shall obtain, from the appropriate planning agency (agencies), a statement(s) of consistency of the proposal with any adopted water quality management plan(s). If you have any further comments or questions, p : ase call (303)692-3500. Recommend Recommend Sig ° turerof Date A«+roval Oisa.•roval2. wt, Rei r -s ive 311 ?I 00 I certify that I am familiar with the requirements of the "Regulations for Site Applications or Domestic Wa ewater Treatment Works ", and have posted the site in accordance with the regulations. An engine- ng rept s described by the regulations, has been prepared and is enclosed. DATE Signature of Applicant Typed Name • e(L L7 . Lt o- (co 1a.: -t eyis Ct i eptcy ct_. 'ek -;,1 Le, lam, . ,t t_c_Dr -irne-iru , clod r z- . T1s �c perm >� k�..3 'iCcLftT C t ++r1 Ci. c 1 11: e v' 8e.Ca Liet4-4-}} 1 IIti,C C�_ ''t 1- a 7 rr 2d. i �� Y\ 1 of I* l� r W CD1 3c (Revised 2/99) 1 • ,)Ah -20 -CO THU 03:U2 Pik HIGH COUNTRY ENGINEERING FAX NO. 470 X45 2555 P, 04 APPLICATION FOR SITE APPROVAL. FOR CONSTRUCTION OF LIFT STATIONS AND INTERCEPTOR SEWERS 14. 11 ro proposer.; lift station or interceptor sewer. whorl fully developed, wilt increase the leading at the 'r rtimont plant to % of hydraulic and - ,% organic capacity encs R�t1t II it rifta,'r.ttS] — !Nrrne of Treat:rent Agency) ,Park agresa to treat this wistawator? Ir u0 No { B. If the tecilily will be located on or adjacent to a sit* that le awned or managed by a federal or state agency, send this %easy a copy of this application for the Agency's review and recommendattan, C. Recommendation of gavurngnantal authorities; "s ho applicatior; 3ho11 be forwarder co the planning agency of the city, town. or county in whose Iter sd:ctinnts) ti,a Iirt stst,on endfar interceptor sewer 13 to be located. The applicant Shall obtain. from the a iiropriat.: plenrtiiig agency iagencles). a statement(s) of consistency of the propo+:ai with the local rarnprenanaivo picnic) as they relate to water quality (aubject to tiro provisions of 22.3[$1). The appFic:.ation shall be forwarded to the water duality planning agency (agencies] for the area in which the iaicilitias arra to GC constructed and for the arca to ba served by those facilities. The applicant shall obtain, from tite approarlate planning agency Cagsnciasy, a steternontic} of consirtcncy of the proposal with any orinistcd water quality management plonial. 2. it ecu have any further comments or questions, please ca11 0031892-3540. Recommend Recommend Aprrrovai .� — -.. ,Beene er catal Srgnaturo of Rear sserttarivc,_ _. I ccrtily t}ir7t 1 in familiar with the requirements of the "Regulations for Site Applications For Domestic Wastewater Trf,airntnt Works ", and have posted the eite In accordant with the rsgulationa, Art engineering report, ne tfascrthwd by tht: regulatIarti, hos been prepared and is ertciolled. frigasrure of A.ppI: nt WQCC-3c (Pavlred 2N0) Typed Nome 3af4 Te'd e6LVS960L6 Sat Wd 000Z-0Z-Ntir ih!OVELESS, INC. 2 -Pump Wet Well Mounted Pump Station ENGINEERING DATA SMar,pecifi alio s SPECIFICATIONS WET WELL MOUNTED PUMP STATION WITH DUPLEX TWO -PORT IMPELLER TYPE NON -CLOG PUMPS GENERAL The contractor shall furnish and install one factory -built, automatic pumping station as manufactured by Smith & Loveless, Inc., Lenexa, Kansas. The station shall be complete with all needed equipment. factory -installed on a welded steel base with fiberglass cover. The principal items of equipment shall include two vertical. close -coupled, motor driven, vacuum primed. two -port impeller type non -clog pumps; valves; internal piping; central control panel with circuit breakers; motor starters and automatic pumping level controls; heater; ventilating blower; priming pumps and appurtenances; and all internal wiring. OPERATING CONDITIONS Each pump shall be capable of delivering GPM of raw water or wastewater against a total dynamic head of L4_-_._ feet. The minimum acceptable pump efficiency at this condition shall be _ %. Due to the energy conservation requirements, the minimum efficiency will be enforced. The maximum allowable speed shall be B.- S RPM. The minimum rated horsepower of each pump motor shall be 2— The maximum static suction lift shall be All openings and passages shall be large enough to permit the passage of a sphere 3" in diameter. The anticipated operating head range is from feet minimum to maximum. The pump motors shall not be overloaded beyond their nameplate rating at the design conditions nor at any head in the operating range. CONSTRUCTION The station shall be constructed in one complete. factory -built assembly. It shall he sized to rest on the top of the wet well as detailed in the construction drawings. The supporting floor plate shall be minimum 3/8" thick steel with reinforcing, as required. to prevent deflection and ensure an absolutely rigid support. The pump station shall be enclosed by a hinged fiberglass cover. The cover shall have a suitable drip -lip around the edge and shall be provided with a hasp and staple connection to the floor plate to allow the pump chamber to be locked with a padlock. The cover shall have a latch mechanism to keep the cover open under load. Adjustable ventilating louvers shall be provided on each end of the fiberglass cover which are capable of being closed during cold weather operation. An aluminum manway cover, located exterior to the fiberglass pump chamber, shall be provided, complete with padlocking provisions. The manway shall be an integral part of the station floor plate and provide access to the wet well. Enclosures utilized to house the valve train and/or controls which are defined under OSHA Article 29CFR, Parts 1910 as a Confined Space shall not be acceptable. A stanchion with lifting arm shall be provided to lift each pump. The lifting arm shall have a hook over the center of the motor to support a hoist (provided by others) for removal of the motors, impellers and pumps from the station. The pump casings and discharge piping shall be mounted in relation to the floor plate as detailed in the construction drawings. WELDING All steel structural members shall he joined by electric arc welding with welds of adequate section for the joint involved. Crnifh f!. 1 n.rclncc 1000 SMITH & VELESS, INC. 2PumpWet Well Mounted Pump Station ENGINER1NG DATA Specifications March, 1998 PROTECTION AGAINST COR ' OSION All structural steel surfaces shall be facto blasted with steel grit to remove rust. mill scale. weld slag, etc. All weld spatter and surface roughness shall be removed by gr'nding. Surface preparation shall comply with SSPC-SP6 specifications. Immediately following cleaning. a single 5 -mil dry flm thickness of VERSAPDX shall be factory applied. This coating shall be as formulated by Smith & Loveless for abras'on and corrosion resistance. Stainless steel, aluminum and other co protected shall be coated with a suitab electrical enclosure. ventilating Mower an osion-resistant surfaces shall not be coated. Carbon steel surfaces not otherwise e non -hardening rust preventative compound. Auxiliary components such as the vacuum pumps shall be furnished with the original manufacturer=s coating. Finish coating shall be accomplished priof to shipment of the station from the factory and shall comply fully with the intent of these specifications. A touch-up kit shall be provided by the pump station manufacturer for repair of any mars or scratches occurring during shipping and installation. This kit shall contain detailed instructions for use and shall be the same material as the original coating. MAIN PUMPS The pumps shall be (4") { vertic for the use of mechanical seals and vacuu shaft bearing nearest the pump impeller To minimize seal wear resulting from st impeller to the lower bearing supporting through 286; 2-1/8" for motor frame sig bearing to the top of the impeller shall no The bearing nearest the impeller shall b� move in a linear direction with the therm The shaft shall be solid stainless steel thr shaft sleeves will not be acceptable if the 1 . non -clog two -port impeller type of heavy cast 'iron construction, especially designed priming. In order to minimize seal wear caused by linear movement of the shaft. the all be locked in place so that end play is limited to the clearance within the bearing. aft deflection caused by the radial thrust of the pump, the shaft from the top of the the impeller shall have a minimum diameter of 1-7/8" for motor frame sizes 213 es 324 and 326: and 3" for frame 364 and larger. The dimension from the lowest exceed 6". designed for the combined thrust and radial load. The upper bearing shall be free to l expansion of the shaft and shall carry only radial loads. Hugh the mechanical seal to eliminate corrosion and abrasive rust particles. Removable -haft under the sleeve does not meet the specified minimum diameter. The pump impeller shall be of the encloed type made of close -grained cast iron and shall be balanced. The impeller shall be keyed with a stainless steel key and sec red to the motor shaft by a stainless steel cap screw equipped with a Nylock or other suitable self-locking device. The impeller shall not be screwed or pinned to the motor pump shaft and shall be readily removable without the use of special tools. To prevent the buildup of stringy materials, grit and other foreign particles around the pump shaft, all impellers less than fu l diameter shall be trimmed inside the impeller shrouds. The shrouds shall remain full diameter so that close minimum clearan e from shrouds to volute is maintained, Both the end of the shaft and the bore of the impeller shall be tapered to permit easy r• moval of the impeller from the shaft. The pump shall have an adapter provid ng a large water reservoir above the impeller to provide for positive exclusion of air from the impeller. The seal shall be insi ' e this area to assure lubrication. Pumps which do not use hollow priming adapters for positive lubrication of the seal will not acceptable. The pump shall be constructed so as to pressure connections, which tends to c bowl shall be transparent, enabling the o The pump shall be arranged so that electrical wiring or disassembling the pump or suction line. The pump shaft shall be sealed against permit priming from the lower pressure area behind the impeller. Priming from high - use solids to enter and clog the priming system, will not be acceptable. The priming rator to monitor the priming level. rotating element can easily be removed from the casing without disconnecting the otor, impeller, backhead or seal, so that any foreign object may be removed from the leakage by a single mechanical seat constructed so as to be automatically drained and Q...ifh A. 1 n..nlnse 1 GOO l 1 1 SMITH &LOVELESS, INCA ENGINEERING DATA 2 -Pump Wet Well Mounted Pump Station Specifications March, 1998 primed each time the pump is drained and primed. Water which lubricates the mechanical seal shall be automatically drained from around the seal if the pump loses prime in order to allow both the pump and the seal to be drained. thereby preventing freezing and breakage of the seal during power outages in sub -freezing temperatures. The seal shall be of carbon and ceramic materials with the mating surfaces lapped to a flatness tolerance of one Tight hand. The rotating ceramic shall be held in mating position with the stationary, carbon by a stainless steel spring. The pump volute shall be furnished with mounting lugs and bolted to the station floor plate. forming a gas-tight seal. MOTORS The pump motors shall be vertical, solid shaft, NEMA P -base, squirrel -cage induction type, suitable for 3 phase, o cycle, `4 C3 volt electric current. They shall have Class F insulation. Insulation temperature shall, however, be limited to Class B. The motors shall have normal starting torque and low -starting current, as specified by NEMA Design B characteristics. They shall be open drip -proof design with forced air circulation by integral fan. Openings for ventilation shall be uniformly spaced around the motor frame. Leads shall be terminated in a cast connection box and shall be clearly identified. The motors shall have 1. l5 service factor. The service factor shall be reserved for the owner=s protection. The motors shall not be overloaded beyond their nameplate rating, at the design conditions, or at any head in the operating range as specified under Operating Conditions. The motor -pump shaft shall be centered, in relation to the motor base, within .005". The shaft runout shall not exceed .003". The motor shaft shall equal or exceed the diameter specified under Main Pumps at all points from immediately below the top bearing to the top of the impeller hub. A bearing cap shall be provided to hold the bottom motor bearing in a fixed position. Bearing housings shall be provided with fittings for lubrication as well as purging old lubricant. The motor shall be fitted with heavy lifting eyes or lugs. each capable of supporting the entire weight of the pump and motor. CONTROLS The control equipment shall be mounted in a NEMA Type 1 steel enclosure with a removable access cover. The circuit breakers, starter reset buttons, and control switches shall be operable without removing the access cover, for deadfront operation. A grounding type convenience outlet shall be provided on the side of the cabinet for operation of 120 volt AC devices. Thermal magnetic air circuit breakers shall be provided for branch disconnect service and short circuit protection of all motor control and auxiliary circuits. Magnetic across -the -line starters with under -voltage release and overload coils for each phase shall be provided for each pump motor to give positive protection. Each single-phase auxiliary motor shall be equipped with an over -current protection device in. addition to the branch circuit breaker, or shall be impedance protected. All switches shall be labeled and a coded wiring diagram shall be provided. To control the operation of the pumps with variations of liquid level in the wet well, a minimum of three (3) displacement switches shall be provided. A 30= cord shall be provided with each switch. The cord shall have a corrosion -resistant vinyl jacket and be multi -stranded in order to prevent fatigue. An automatic alternator with manual switch shall be provided to change the sequence of operation of the pumps every eight hours. Alternating the pumps at less than eight-hour intervals will not be acceptable. R CmiM+. Q. I n vaeno-c 1004 L SMITH &LOVELESS, INCA ENGINEERING DATA 2 -Pump Wet Well Mounted Pump Station Specifications March, 1998 Provisions shall also be made for the pumps to operate in parallel should the level in the wet well continue to rise above the starting level for the low level pump. HIGH WET WELL LEVEL ALARM [y} (OPTIONAL ITEM - CHECK IF REQUIRED) An adjustable displacement switch shall be provided to sense a high water level condition. The switch shall hang into the wet well and shall activate a contact to indicate the high water condition. VACUUM -PRIMING SYSTEM A vacuum priming system shall be Furnished to prime the main pumps. The system shall be as shown on the vacuum priming schematic and shall include two vacuum pumps, providing 100 percent standby. Vacuum pumps shall have corrosion -resistant internal components. The vacuum priming system shall be complete with vacuum control solenoid valves, prime level sensing probes, float -operated check valves to protect the vacuum pumps, and all necessary shut-off valves as shown on the piping schematic. The float -operated check valves shall have a transparent body for visual inspection. The priming system shall automatically provide positive lubrication of the mechanical seal each time a main pump is primed. To prevent excessive stoppage due to grease accumulation, no passageway in the priming system through which the pumped liquid must pass shall be smaller than the equivalent of a 2-1/2" opening. ENVIRONMENTAL EQUIPMENT A ventilating blower capable of delivering 250 CFM at 0.1" static water pressure shall be provided in order to remove the heat generated by continuous motor operation. The ventilating blower shall be turned on and off automatically by a preset thermostat. A louvered opening shall cover the discharge. A 500 watt electric heater controlled by a preset thermostat shall be furnished. The heater shall be rigidly mounted in the station to prevent removal. MAIN PIPING The pump suction shall be drilled and tapped for a 125 pound. American Standard flange for easy connection of the suction riser. The discharge line from each pump shall be fitted with a clapper -type check valve and eccentric plug valve. Size, location and quantity of check valves and plug valves shall be as shown on the construction drawing. The check valve shall be of the spring-loaded type with external lever arm and an easily replaced resilient seat for added assurance against vacuum leaks. Check valves shall have stainless steel shaft with replaceable bronze shaft bushings and shall be sealed with an adjustable Teflon seal. An operating wrench shall be provided for the plug valves. Protrusions through the floor plate shall be gas-tight where necessary to effect sealing between the equipment chamber and the wet "well. Bolted and sealed joints shall be provided at the pump casings or suction pipes in order to prevent corrosive, noxious fumes from entering the station. The pump station manufacturer shall extend the suction and discharge connections below the floor plate at the factory so that field connections can be made without disturbing the gas-tight seals. The manufacturer of the pump station shall provide a compression -type sleeve coupling for installation in the common discharge pipe. The attached pump specification and checklist must be met in total. There are many reasons for incorporating a good pump specification. For example, the stainless steel shaft with tapered impeller attachment is provided to minimize corrosion, extend seal life, and provide ease of impeller removal and seal replacement without use of a wheel puller. All items specified are for long life, durability and maintainability of the pumping equipment. Deviations from the pump specification will not be allowed. A checklist is also provided to insure that the proper pumping system is provided to the owner. 1 P A.I n�rnlnre- 1GOA SMITH &LOVELESS, INCA ENGINEERING DATA 2 -Pump Wet Well Mounted Pump Station Specifications March, 1998 FACTORY TESTS All components of the pump station shall be given an operational test at the pump station manufacturer=s facility to check for excessive vibration or leaks in the piping or seals. and to correct operation of the automatic control and vacuum priming systems and all auxiliary equipment. Cnstalied pumps shall take suction from a deep wet well. simulating actual service conditions. The control panel shall undergo both a dry logic test and a full operational test with all systems operating. Factory test instrumentation must include flow measuring with indicator; compound suction gauge; bourdon tube type discharge pressure gauge; electrical meters to measure amperes. volts, kilowatts and power factor; speed indicator; and a Vibrometer capable of measuring both amplitude and frequency. SPARE PARTS A complete replacement pump shaft seal assembly shall he furnished with each pump station. The spare seal shall be packed in a suitable container and shall include complete installation instructions. A spare casing gasket and seal gasket shall be provided. INSTALLATION AND OPERATING INSTRUCTIONS Installation of the pump chamber shall be done in accordance with the written instructions provided by the manufacturer. Operation and maintenance manuals shall be furnished which will include parts lists of components and complete service procedures and troubleshooting guide. START -U P The Manufacturer shall provide the services of a factory -trained representative for a maximum period of one day on-site to perform initial start-up of the pump station and to instruct the owner=s operating personnel in the operation and maintenance of the equipment. WARRANTY The manufacturer of the station shall warrant for one year from date of start-up, not to exceed eighteen months from date of shipment, that the structure and all equipment he provides will be free from defects in material and workmanship. Warranties and guarantees of the suppliers of various components in lieu of a single source responsibility by the Manufacturer will not be accepted. The Manufacturer shall assume prime responsibility for the warranty of the station and all components. In the event a component fails to perform as specified or is proven defective in service during the warranty period, the Manufacturer shall repair or replace, at his discretion, such defective part. He shall further provide, without cost, such labor as may be required to replace, repair or modify major components such as the steel structure, main pumps, main pump motors and main piping manifold. After start-up service has been performed, the labor to replace accessory items, such as the blower, priming pumps, alternator, etc., shall be the responsibility of others. The repair or replacement of those items normally consumed in service, such as seals. grease, fight bulbs, etc., shall be considered as part of routine maintenance and upkeep. It is not intended that the Manufacturer assume responsibility for contingent liabilities or consequential damages of any nature resulting from defects in design, material, workmanship or delays in delivery, replacement or otherwise. � I ] L_C n+itk D. 1 ...dace 1 DWI • ST. FINNBAR FARM SUBDIVISION ENGINEERING REPORT FOR LIFT STATION APPLICATION Name and address of applicant: St. Finnbar Land Company. c/o Ron Garfield. Garfield and Hecht, P.C. 601 East Hyman Ave., Aspen Colorado 81611 Vicinity and Location Map: See attached attachment A Service area: Existing population: 0 Proposed Population: 91 Peak Hydraulic: 0.033 MGD (see attached calculations) Legal Arrangements showing control of site: Included as attachment B is the warranty deed fo Wastewater treatment entity information: Included as attachment C is the agreement between the applicant and the treatment entity, Ranch at Roaring Fork Home Owners Association Lift Station operation and maintenance: The lift station for St. Finnbar Farm Subdivision will be operated and maintained by the subdivisions home owners association. r the proposed lift station site. Implementation Plan: The estimated construction time of the entire project is 4 months with a start of construction date of February 2000. The estimated date for having the lift station on-line is July 2000. VICINITY AND LOCATION MAP ATTACHMENT A e • ,!‘pe.„, Hwy 82 • 602) AGRICULkURAL/RESIDEN'TI At " /RURAL DENSITY ^-w I T° CAR8oNDALE • a.� AAfCH ,AT ROARING . 'l.`l. ?IL•': W t'ea tilt -rime • P.U.D.-. _ A EN EQUESTRIAN EISEA`"ES 1 IMV....k 1-7 I AGRICULTURAL/RESIDENTIAL re /RURAL DENSITY ,w...4411„... CR 100 r .�.._ .y...{,.,._,...til • y Mulford --RES1[1EN-TIAL/Lf 1T'E! '�- /SUBURBAN DENSITY AG R 1 CU LTU R AL/RE SE DEN TI AL 1/RURAL DENSITY opf • HILI-1 COUNTRY ENGINEERING, INC. 923 COOPER AVENUE ( ENWOOD SPRINGS, CO 81601 (970) 945-8676 VIC.NIT ' TO SUN MESA P.U.D. TF 4Ep. CtAL•! tA+41TE 7— SITE ST. FINNBAR' SUB DI VISIDN -;.:•,17-r: OPEN -SPACE 1 r. tR ST FINNBAR LAND COMPANY GARFIELD COUNTY. CO ST. F INNBAR FARM SUBDIVISON VICINITY MAP 1 "=2000 DES CK. CRB DR. CRB DATE 12/16/99 FILE NO. 8907408 SHEET LEGAL ARRANGEMENTS SHOWING CONTROL OF SITE ATTACHMENT B 12/17/99 FRI 11:14 FAX 970 928 9742 LTG-GLENWOOD SPRINGS 002 5.= • • VNIESANIV mateamakeesew- 421407, ewe November 089.100.m. 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Urea.. lraMMOMMIN. rmemilinrete rot frierreie urlommr idraof or own arm arra the lizeolept limo to Title Lilted OS : . • Exhibit 8 ohich is ettache4 hereto ewa by this raferesce nada a part hereof,'" - • , • The prow ded red roe unaeourr up MIMI& EIEFEND eara dlonalmolo.iipmroorilifkripri=11110.iltplallif . illoomwriowmilm.cm. ware la =Ivory lorgworp0000loohillycilloilognool odecr smoirmit. , • . . • , • . TIE day* Nord* did insinTolPievlsal. Oro plod 44 re erp meff paiir oidalkeiliVide* - - 514 e :••• &ad in St is L. Fees, aloe Gnetroda.2—__PAnsr dr. Aorroliffl "Aran OXI:OLIMO. Grrroos Pitk_ier TO limpolot lammo vollimorlollsog Yam um oda 0211 1010441/21*.JI:Ert also home mg ram= L. rem e aes Je /ff" ..111 1/14,0,er • Pu etN(' 44C t ON' -w inwrrew7UL eine Jic0 'ON IHOH 0131AV9=41=INVLE:11F666, LL'OH 12/17/99 FRI 11:18 FAX 970 928 9742 LTG-GLENWOOD SPRINGS 2003 1 1 UNIBIT TQ tR0M ' RUDI L, PE$T1 TO STs ZINNEAR LAND C9.NEAMX PROPERTY DESCRIPTION A parcel of land •ituatsd in Lots 6 12, 13, and 19 of Section 31, Township 7 South, Range 87.Weest of the Sixth Principal Meridian, Garfield County, Colorado. Said parcel being more particularly describedas fo1lowst Beginning at a rebar and cap marked L.S. 1959P, witness corner to the northeerst courier of said North 41'08'04" 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 Roaring Fork River: thence the following eight courses along r3 ver z 1) 2) 3) 4) 5) 6) 7) 8) North North North North North North North North thence thence thence thence thence thence thence thence thence thence thence thence 65'57'30" West, 56,7 63'59'48" West, 319. 66'50.18` Meat, 203. 75'33'21' West, 272. 84'25'20" Est, 257_ 87'41'19, west, 223. 88'30'35` West, 346. 65'59'25" West, 120. terline North 00'30'00" West, 499.99 feet; East, Bast, East, Eat, West, East, East, Least, Past, East, leaving said cen South 98'31'40" North 00.00'33w North 89.11'07" North 00'00'18" South 76'47'40" South 13'12'20' South 81.01'17* South 41'30'29* South 62'48.4S' South 77'44'52' South 72`41'32" beginning.. Together with all of Grantor's right, title -ems Interest in, and to a perpetual easement which is described a; Parcel "S° in the Agreement, Easement Grant and mutual Release record October 22, 1986 in Book 697 at Page 616 under Recoptiot► No. 375658 in the records of the Garfield County, Colorado 1erk and Recorder, except that portion of Said Parcel •R` which Grantor conveyed to Ralph L. 'F4raden by ';Warranty Deed recorded December 7, 1987 in Book 725 at Pages .792 ander SeceptiQn No. 388173 in said rr• _-03H 0 3Ii V9 Y ;141v6E, {l 666!`t 330 5 feet, 32 feet, 39 feet, 62 feet, 22 feet, 18 feet, 12 feet, 15 feet; whence the Section 31 bears the centerline. Of. the. said centerline rdf 1273.09 feet; 471.38 feet; 262.17 feet; 1038.73 feet; 120.0 feet; 285.92 feet; 89.74 feet; 375.90 feet; 317.09 feet; 136.34 feet to We -t, 233.20:feet;_ the point of • 12/17/99 FRT 11:17 FALX 970 928 9742 LTG—GLENWOOD SPRINGS foot at+"1( 767 titE386 MUM rr T2 WAMAKIX_DEg2 1'RQM TRULi1 L ' P TO ST, PI B COMPMT' EXCEPTIONS TO TITLE 1. The lien for 1989 property taxes due and payable in 1990. 2. Right of the proprietor of a vein or lode to extract and remove him ore therefrom, should the acme be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents recorded as fol2.awet CORQED E KLVG RICEPTIJDN,09. February 19, 1915 71/603 51238 August 11, 1894 12/333 1.7560 June 24, 1895 12/368 18504 3. Right of way for ditches or canals constructed by th.* authority of the 'Rnited Stetca, as reserved in United atatea Patents recorded tie follows: RECORDED Auunt 11, 1894 June 24, 1895 500r/PAGE 1.2/333 12/368 RECEPTIOP PO. 17560 18504 4. Easement and right of wayfor pipeline purposes es granted to Rocky Mountain NaturaGas Company, Inc. by the T t] Ranch Company of Colorado by instrument recorded October 19, 1961 in Book 337 at page 236 as Reception No. 215439, in which specific location of the easement is not defined. 5. Easement and right of way for electric transmission or distribution line purposes as granted to Roly Cross Electric Association, Inc. by Gertrude L. Janney by instrument recorded July 13, 192 in Bock 433 at Page 111 as Reception No. 254.(94, in which specific location of the easement ie not defined. 6 Restrictions cs contained in Protective Cavenaants, recorded April 7, 196e in book 401 at Page 28 as Reception No. 444M14,..2 P1 f/ WeW4rogrIL 7. Right of way for the uninterrupted flow of the Roaring Fork River. 8. Right of way for the uninterrupted flow of Blue Creek. 1 i- �? L � ] AVO `. 666. Ll 030`_'�a. 12/17/99 FRI 11:18 FAX 970 928 9742 LTG-GLENWOOD SPRINGS 005 9. Right of way ease*ent as granted to Holy Croce 'tlectxic Association, • Inc., by T7rudi Peet by Document recorded September 17, 1984 in Book 656 of Page 856 as Reception No. 355739. 10. Terms and conditions of the Agreement, glass nt "'Grant. and Mutual Release between Gertrude L. Peat and the Ranch 'et Roaring Pork Homeowners Aaaocia.tian, Inc recorded October 22, 1986 in Book 697 at Page 616 as -Reception No. 375658. 11. The :effect of inclusions in any general or specific rater; conservancy, fire protection, soil conservation or other district or inclusion in any water service or. street -.. improveent area. • 4 12/17/98 FRI 11:19 FAX 970 929 9742 LTG-GLENWOOD SPRINGS Zoos QtJI ! CIADI bEn 11 TIM l mos ail am,. of ilieeeMb. r I9 99 is bream TWT L. rrt!T. 40.6o knows as, CERIVUDB L. PCET. an utlsa,rrted women nfAs Yaraet ed oorf told aad Slat Cuero►,. rmihmael aad ST, Tlfat7fAP LAND CO,IPAN!. • Calortda rorporaeion rarer lona .tilea c/o Richard h, Lewin 102 petrel Ars., Ammo. OD ilal 6Ti 767 7 01 J1�7•4 dd'2E°ba Baa I7eaL ir.. 4 Or Canary .d PIrkLa std Sur 4 LSrkrado. inesedai WTTNV2211711.Thortrareormawartnorneenatiesedernanaf tem dol is rs ■nd other good and ralauable eoRetderitioa *Ye nae Me cleatNifRottforyof winch +. !may retwo.frdwid.Pa a maned. Rka4d , nerd, teeenr8 ref QM CLAMED. led by ►.+ Ewer feea'+s anew !emir , Mesar. r11. am.q and uun f.And mon Aarr,-re!s; tts med ...warn maga. ata her. a>r its hate_ oda, creme. ckhn and *nasal wlrirb !W freaatlaT ton 4 mad 4e the and rowan tar rids &ortolan :4n. dam Waage, !Inn ad %Era al de toatp sd f art iel d ad Stas d Cdeerfa. deb-4rd s k+Aorr All rater and ditch rights appurtenant to or used is connection with the real oroptst, described in fkhibit A, attached hereto and made a part hereof', locludln without limiting tate generality of the foregoing, a 31164 Lastest, in the aggregate, in clan Crantos's right, title, and interest in and to Lower Ditch #21, under priority, No. 732 sad Niddle aitch 164, under priority No. 83: 4 27138 Interest in the Creator's sight, titl, and interest in end to Middle Ditch 1684 NBA a 39(76 interest to then Grantos'a right, title. and interest in and to lower Dise'h 821. together with sasesenta across Londe owed by khe Grantor, and to she extent necessary to oatataia irrigation ditches, gates, and to use &stating laterals to transport water. ihroAd'oonsiol14-mote d TO RAV AND TO HO..D dr arta. invert oifi dd ion *apnea nownpparanmes rdTvwiapa araosar habenae ¢ 4 nop.i.a ahreasso fppr+sray.k, r.d .1! the moor., hen, a nk., rarer ani cbaim rikahnehr d ar grazer's). Mesta lar ar =pay. d the w7 __err. emeta mad name of err p U i ts"'"1 8% ae4ip, urate Aid IWTTNESS W0fERLO5 Ta sneer( 0 bas erns* die dead on Se doe run bah abase da4‘ Trudi L. Pe'i!t. also known as .!eeLtimit " ,11s.r STA71OFCOLOR-AM 1 a. j teeny at Pitkin i s 71ar deseid16 a*rssmenl nen esAsruinise4lesra ent ail ....(1.y./dot ef lovmbe r 1! by 3XCD i L. P€LT also know u Cartraie 4. Peet. e'J�N. atbRr.4! 11.':' Fin( r - 7 iE tri �`'e..� .3 MAY .d`I'L LSV V IafsiaAraea e.1anfraers.a".aiawt+-2r-41H33µ _" Ii' V9 • NA1617,1 666. '911 • • 12/1799 FRI 11.21 FAX 970 928 9742 LTG-GLENWOOD SPRINGS gacUIRIT A TQ wk./ruin up ,FROM TRUOI L, P6E±T TO 5T. Ft PROPERTY DESCRIPTION 4 007 A parcel of land a.ttuated in Lows 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 followet Beginning ata rrbar and cap marked L.S. 19598, whenca then witness corner to the northeast corner of said Section 31 bears North 41'08'04' East, 3203.06 feet; thence South 11637'27" west, 1304.69 feet; thence South 23'40'24- Hest, 80.58 feet; thence South 36'04'45" West, 85.16 feet to the centerline of the Roaring Fork River; thence th+e following eight courses along said centerline of river: 1) North 65.57'30- West, 56.75 feet, 2) North 63'59'48" west, 319.32 feet, 3) North 66.50'l8" West, 203.39 feet, 4) North 75'33'21- West, 272.62 feet, 5) North 84'25'20' Heat, 257.22 feet, 6) North 87`41'19" west, 223_18 feet, 7) North 88'30'35' Fust, 346.12 feet, 8) North 65'59'25" west, 120.15 feet; thence leaving said centerline North 00'30'O0' Went, 233.20 feet; thence South 88'31'40' West, 499.89 feet; thence North 00'00'33- East, 1273.09 feet; thence North 89'11'07" East, 471.38 feet; thence North 00"00'18' Last, 262.17 feet; thence South 76'47'40- East, 1038.73 feet; thence South 13`12'20" West, 120.00 feet; thence South 81'01'17- Last, 265.92 feet; thence South 41'30'29" East, 89.74 feet; thence South 62'48'46' £act, 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 all of Grantor's right, title and Interest in and to a perpetual easement which Ls deecribed as Tercel 'El' 1n the Agreement, Easement Grant and Mutual Rs1esiser recozdod 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 `tan' rhtch Grantor conveyed to Ralph L. Braden by warranty Deed recorded December 7, 1987 in Book 725 at Page 792 ander Recept i as No. 388073 in said records . id - . t 1H33Fk I1*66611 'Ll 'J3d ,, • WASTE WATER TREATMENT ENTITIY INFORMATION ATTACHMENT C • • Execution Copy SIWER S. ..,_2E AGREE`f1EY.r, (St. c , :gin •ar Property) THIS AGREEMENT (this "Agreement") is executed as of this 4 day of August, 1999, by and between the RANCH AT ROARING FORK NOME OWNERS ASSOCI__TI.ON, INC., a Colorado non-profit corporation (the "RANCH") and ST. FINNBAR LAND COMPANY', a Colorado corporation (the "Developer") (collectively, the "Parties"). RECITALS A. The Ranch is the homeowners' association for a residential community known as "The Ranch at Roaring'Fork," located in the County of Garfield, State of Colorado (the "Ranch Property") . B. The Ranch owns and operates a wastewater treatment plant and related facilities appurtenances and collection Systems (the "Existing .Facilities") on and about the Ranch Property for the benefit of the owners thereof. C. The Developer is the owner of certain real property located in the County of Garfield, State of Colorado, as is more particularly described in Exhibit A attached hereto and Incorporated herein by this reference ( the "Leve! open Property") , whichLa'ie ori?" Property lies adjacent to the Ranch Property. D. The Developer is in the process of subdividing and platting the Developer Property, and in connection therewith, the Developer needs to obtain certain governmental approvals and permits; in order to obtain such approvals and permits, Developer must demonstrate that wastewater collection and treatment services ("Sewer Service") will be available to the Developer Property. E. The Developer has requested, and the Ranch has agreed to provide such Sewer Service to the Developer Property, and the Parties desire to set forth their agreement regarding the terms, covenants and conditions under which such Sewer Service will be provided. • NOW, T .ER770R7, =cr and in consideration of the premises and the ..0 __la_ ocv=--.nts nerei ^alter set -forth, the Parties agree as follows: I asc wot r'e Improvements and Cost Allocation. la. Exis__na Facilities -Drovemer t Pro -art and Develocer Col lect_. System. Port_ons of the Exi sing Facilities need tobeimproved, replaced or upgraded and, in the process, can be expanded in order to provide Sewer Service to the Developer Property (the "Improvement Project"). The cost of the Improvement Project shill be borne by the Ranch, contingent upon receipt of the tap fees identified in Sections 13 b. (1) and 13 b. (2) below.. In addition to the Improvement Project, a sewage collection system (the "Developer Collection System") will need to be designed and constructed on and about the Developer Property, including but not limited to, collection lines and other facilities and appurtenances, and a connecting - line will need to be designed and constructed within the Ranch Property ("Connecting Main"), in order to provide Sewer Service to the Developer Property. The Developer Collection System and the Connecting Main shall be designed, engineered and constructed at Developer's sole cost and expense. lb. Connect_nc Main. The Connecting Main will need to be designed and constructed within the Ranch Property to connect the Develocer Co 1 -' on System to the nearest existing main on the Ranch Property in the cul de sac at the end of Stagecoach Lane. The Connecting Main is expected to traverse through (1) the easement described in the Agreement, Easement Grant and Mutual Release dated June 28, 1986, recorded in Book 697 at Page 616 of the Garfield County real estate records ("Usage Easement,) being an easement under which Developer has the right to use a portion of the Ranch Property adjacent to the Developer Property's west boundary ("Developer Usage Portion") and under which the owner of the Preshana Property (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 of the Ranch's Common 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, Ranch at Roaring Fork Phase 5; (4) through the easement owned by Developer along the south line of Lot 13, Ranch at Roaring Fork, Phase 5; and (5) through the cul de sac where the existing Ranch main is located (the "Connecting Main Easement Route"). The Connecting Main will not be installed in • • the Preshana Usage Portion of the Usage Easement unless the Peshana Owner grants t_ Developer and the Ranch the right to t use :e Preshana J'sa . Portion for the Connecting Main foci: and substance satisfactory to Developer and the Rand.. The Connecting Main shall be owned and operated by the Ranch, and Developer hereby grants to the Ranch the right to use the sewer line easement owned by Developer along the south line of Lot 13, Ranch at Roaring Fork, Phase 5 and to use the Usage Easement owned by Developer on the Ranch Property for the Connecting Main. Notwithstanding the fact that the Connecting Main will be located within the Ranch Property and will be owned and operated by the Ranch,_the Connecting Main shall be designed, engineered and installed and thereafter maintained, repaired and replaced at the cost and expense of Developer, acting as agent for the Ranch and subject to the direction and approval of the Ranch in the exercise of its reasonable discretion. Developer shall indemnify and hold harmless the Ranch from all loss, cost, damage and expense, including, without limitation, attorneys fees, arising out of the design, engineering, installation, maintenance repair or replacement of the Connecting Main by Developer. The Connecting Main shall, at some accessible point, have manhole access and a means to shut off effluent entering the existing Ranch system. the Ranch or Developer as agent for the Ranch are prevented from installing the Connecting Main in any portion of the Connecting Main Easement Route as a result of any temporary or permanent order of any court of competent jurisdiction, Developer shall have the right to terminate this Agreement by written notice to the Ranch given before the Ranch has contracted for construction of the Improvement Project, in which case any payment by Developer of tap fees under Section 13 below shall be refunded to Developer and both parties shall be released from any further obligations hereunder. The Developer shall have until July 1, 2000 to install the Connecting Main. Until that date, the Ranch agrees not to contract for any construction of the Improvement Project, the costs of which would be the obligation of the Developer if it terminates this Agreement pursuant to this provision - 2. Project Design and Construction. 2a. McLaughlin Role. The Developer acknowledges that McLaughlin Water Engineers, Ltd. ("McLaughlin"), water engineer RKsC'Knttt.K5fs41 p»a for the Ranch, shall design, engineer, and supervise construction �. ^ ruction of the IT rove -•,eft Projec'' Deva , --,-, shall be . entitled tc retain et =her McLaughlin or its own e- neer or engit eers, at its sole expense, to desig::, engineer and Y^- supervise construction �: = _:=e Ds',`e lc'oer x.07 l on System and ' the Connecting Main; provided that, McLaughlin, on behalf of the Ranch, and at Developer's sole cost up to, but not exceeding $5,000, shall have rights to (i) review and, based on reasonable grounds, approve and/or disapprove of the design and engineering plans produced by Developer's engineers, and (it) inspect construction of the Developer Collection System and the Connecting Main. If McLaughlin disapproves of the Developer Collection System or the Connecting Main, it shall specify the changes necessary to allow approval. 2b. Project Desian and Construction. Ranch agrees to cause McLaughlin to finalize its engineering studies and produce a final design for the Improvement Project, inclusive of detailed cost estimates (the "Project Design"). Upon delivery of the Project Design to the Ranch, the Ranch shall deliver same to Developer for its review and comment. Developer shall have twenty (20) calendar days to deliver any comments or suggested changes to the Ranch, in writing. The Ranch covenants to give reasonable consideration to such comments or suggested changes, but reserves the right to ar�nrove the Project Design in its sole discretion. Upon the Ranch's approval of :he Project Design, and union receipt from Developer of the tap fee amounts specified in Sections 13 b. (1) and 13 b. (2) below, and upon_ satisfaction of the conditions in Sections 14a. and 14.b below the Ranch shall construct, or cause to be constructed, the Improvement Project. 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 cost, all required permits and approvals for performance of their respective construction obligations. All such construction shall be in accordance with applicable laws, building codes and regulations, as well as being in accordance with plans and specifications approved by McLaughlin. The Developer shall construct and install, or cause to be constructed and installed, at its sole cost and expense, service lines to serve individual units within the Developer Property. 2c. Completion Date for Improvement Project. The parties hope that the Improvement Project will be completed in 2000 but understand that there could be delays that would make this not possible. If, however, the Improvement Project is not completed by December 31, 2001, the Developer may, at its n.. • option. terminate this Agreement by written not_ to the Ranch given before completion of thA Ir^.orovemen rc_ ec: in which case any payments by 2e - e -ober of tao fees under Sec . = 13 below shall be refunded to Developer and both parties shall be released from anv f'_eher obligations hereunder. If, however, the conditions contained in Sections 13 and 14 of this Agreement have been satisfied and the failure to complete the Improvement Project. by December 31, 2001 is due to unreasonable delay within the control of the Ranch, Developer may bring an action for specific performance by the Ranch of its obligations hereunder. The remedy of specific performance shall be in lieu of termination of this Agreement and return of tap fees paid hereunder. 2d. Interim Service to Develoter Property. [Available to Preshana to extent not utilized by Developer) If requested in writing by Developer on or after August 15, 2000, or such earlier date as the Ranch may elect to do so, the Ranch shall offer to provide Developer with Sewer Service for up to 14 EQRs on the Developer Property pending completion of the Improvement Project ("Interim Sewer Service") utilizing existing capacity of the Ranch's Existing Facilities. Interim Service shall actually be provided only to the extent tap fees have been oaid and only after satisfaction of the conditions precedent in Sections 11 and 14 below. If Interim Service is commenced, this Agreement will govern as to the EQRs served notwithstanding any termination of this :agreement for failure to complete the Improvement Project or for any other reason. 3. Desian/Evaluation License. Upon execution hereof, the Ranch, McLaughlin, and their contractors, agents and consultants shall have the right, after reasonable advance notice to Developer, to reasonably enter upon the Developer Property, at the expense of the Ranch for the limited purposes of inspecting, testing and examining the Developer Property in connection with the design and construction of the Improvement Project (the "Design/Evaluation License"). To the extent reasonably possible, such entry shall utilize roads and driveways in place on the Developer Property and avoid any homes and improved areas, wetlands and wildlife sensitive areas. The Design/Evaluation License shall expire upon completion of the Improvement Project. The Design/Evaluation License is distinct from and different than the inspection and other rights under Sections 2a., 4a. and 9. of this Agreement. IOC. an. .Hhl 41 _ a . DeveI ..cep- Collection System Easement. Upon commencement of construction of the Developer Collection System, the Ranch shall have an easement (the "Developer Collection System Easement") which s -'all ( _ ) only be subject to such title. matters and burdens chat would not materially impair, limit or interfere wit.. the Ranch's exercise of any of its rights thereunder; (ii' allow the Ranch and its contractors, consultants, licensees, employees and agents, upon reasonable notice, to enter upon the portion of the Developer Property containing the Developer Collection System and, if reasonably necessary in order to access the Developer Collection System, to enter upon adjacent portions of the Developer Property (such entry, to the extent reasonably possible, to utilize roads and driveways in place on the Developer Property and to avoid homes and unproved areas, wetlands and wildlife sensitive areas); and (iii) be used to monitor and inspect the Developer Collection System and, as provided in Section 9 below, if the Rules and Regulations have been violated or Developer has been negligent or untimely in performing its obligations hereunder, be used by the Ranch to maintain, operate, repair, replace and clean the Developer Collection System. 4b. Preshana Richts co Connect. At the election of the Ranch, the owner or owners of the Preshana. Property, as hereinafter defined (the "Preshana owner") shall have the right to connect into and use, for sewer service to 4e PreshanaProperty, all orany portion of the Connecting Main (the "Preshana Joint Use Portion"). Any such connection and use shall be at the sole cost and expense of the Preshana Owner. At the time of any such connection, and as a condition precedent to commencement of service to the Preshana Property, the Preshana Owner shall pay to Developer the Preshana Share, as hereinafter defined, of the costs to Developer of installing the portion of the Connecting Main within the Preshana Joint Use Portion. The Preshana Owner shall pay to Developer the Preshana Share of the costs to Developer of maintaining, repairing and replacing the portion of the Connecting Main within the Preshana Joint Use Portion ("Maintenance Costs") 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 by the Preshana Owner. The "Preshana Share" shall mean the proportion which the EQRs on the Preshana Property connected to the Preshana Joint Use Portion, bears to the total EQRs connected to the Preshana Joint Use Portion. The "Preshana Property" shall mean that certain real property located in ,1 v,.,„,..,..x,.n.. • County, Colorado, bounded on the west by the Ranch Property, or. the south by vhe Developer Property, on the north by Colorado Sae Hi .way 52 and on on:-. eas: by Catherine Store Road. In any agreement with Preshana to provide sewer service, the Ranch shall seek to have included a provision that Permits the Ranch to shut off sewer service to Preshana if Preshana a: any time fails, after appropriate notice and right to cure, to pay Pres- ana' s Share of any Maintenance Costs required to be paid to St. Finnbar. Under any such provision, the Ranch will, after notice and right to cure, shut off sewer service to Preshana at the written request of St. Finnbar until Preshana pays Preshana's Share of Maintenance Costs required to be paid to St. Finnbar provided, however, that the Ranch is satisfied that Preshana has, after notice and right to cure, clearly breached its obligation to pay the Preshana Share of Maintenance Costs required to be paid to St. Finnbar and provided also that St. Finnbar agrees in writing, in form and substance satisfactory to the Ranch, to indemnify the Ranch against any loss, cost, damage or expense, including attorney's fees, arising as a result of the shut off of service to Preshana. 5_ Rules and=eculations. The Ranch has advised Developer, and Developer acknowledges and agrees, that the Ranch is not, and does not hold itself out as, a public or private utility or as a governmental or cuasi-governmental entity. The Ranch, acting through the Committee referred to in Section 8 below, shall have, in perpetuity, the right to establish and amend, from time to time, the rules and regulations under which Sewer Service will be provided to the Ranch Property and the Developer Property and/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 3 (the "Rules and Regulations"). The Ranch's discretionary power and right to establish and amend such Rules and Regulations is subject to the limitation that the Rules and Regulations shall not be amended to treat the Developer Property differently than the Ranch Property except as provided in this Agreement or to unreasonably, materially and adversely (a) affect the provision of Sewer Service to Developer, (b) increase Developer's costs for such Sewer Service, except increases which are comparable to increases for single-family homeowners within the Ranch, or (c) materially alter Developer's rights under this Agreement. CM.VM , tfl1.till • • �. v=v=.:ctiovena- ; orsp--ray _cc_±s v' -_ L1�_. _ v.. t_ Dev-1 hat L: sh=11. sr= to canveylhE 'ea s.S _ _, ttn ry- ac a _,;• �' - _ - �0 _'v Re:'ti"a'_rds _, .f i -. v,. ..v v- -LJ«'d.,'+�. ... ._ an= -r._ -L:nt=v .o' S:.._ _ of C`J.1. r d.`_ , d=c..arat, s and covenants (•e2.eL_3_ :c_ons and C e__=^Ca°a , 'whIcr^r '--.sCf__ as -Yves J_ _,_e na_v>>_ ne_ew , shall baan_csL._... _easo _a i sa: _sfa(...za-r so a Ra -ch -__s _.amu:`:=.._. The =acLar_=; _ s and 'C;,vera^cs upon 7—'ev=,:on.=.he =-1.0 =11 3'.-bcecue : owners Cha'_-edf and . _ , a.: a RL_^.=:nur , .=?. cc ;Zai_. 4 separate 3;cz_c.- e r,C. _f "�3ewe- a "ice Disc.C3' r.a" which w i_ identify r he =nd :? __ tic :his Ag-e3'-'.",'erz . ; eciu ina the 'Look .and rea e oa t::, Ccl:_ y _...._ p:d..+e= v _.C':lwds a ".hsc_. o hLL 1;za- s1,- is --e,- ;riled end .^.c:e t__az o; :": _Si..,- sf Sewer t- as, tnas Asreemant; ^�..d:;a,�;.',vFn.=—sem P,ssoo__r:..v : c::�.:. .} �d :c =5�.,?,_^-.1.,5.''. ..,�.z rs a_.., µu? a,._sns far aha travIsLon c- sic^ sa v' c r but , - _..._ i t 4 7--, "~'"- -C _ __ -- Y .J __ la tv . �v.".-G✓t.�,..•rG by c -a rc -_�.c tr _ assoc,iaa-�..__ _a _.._er`/e_ cer -- -._-t_ of an ass:srnen: Ab baa _a .._v._ .•__•_ _ % -, -. .: .,:oc -._.+.__-+r_ ..r_ tie-.... ......... 1- ... -_.=_ =v - ve-� o✓., '.-__a..s a..,-_ _ .._, v+'i �.. .. .. r- _- .r.... co.ec= assessments for s_.v:. zuraose .+r___ s ._ arc need _a_ ,r.t.=,_ 1 . Za,„ _L_a- s S-:a~®Gs -rte arc.: mss-_."''? ;;'3_aS a ,'.'.asz?1 3 _C -- r ' .'.: 3 �7 catwe= ,.L Ranch and ,..r.. 7Jeveicpe=. L: aQ3C: De-fal^.p3=, ?3 .^.e_-_....._=-rz •..e -___ed, ,3,'.^- 1..? ane Developer -_7evc..tl....... .y.l t.'.os.^,. r _`s' 1A.r'.iree z t shall :e .'ir 'L,.,»_::g upon Deva s er s suc'.^.e?ya` :Y3. a nd 3^31_ ... __ _n—/ t_.., , ,-1'=ate a co;_, -2.^._t..:=1 ,.a13ci..`_:3his :a=:,icv_. _ !e Rmnch a =.r r'..: :G_r;/ CC ~v= z 3n C.AvaTG^.crr, A _:c -=•=s- r Dove par __y ___ C.=ve_s, -_ _ r-,cartu asc, iuc. :n. Only -Q_ • Developer, a Successor Developer and the De-relocer Property Association shall have the right to enforce this Agreement or to -rake any claim cr have any cause of action against the Ranch or any of its office=s, directors, members, attorneys, consultants or employees a.r_si_ from or on account of this Agreement. Developer may no: assign this Agreement or any po=tion thereof to any other person sr entity, and any such attempted assignment shall be void and of no effect provided that, (i) Developer shall be entitled, prior to creating the Developer Property Association, 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 or any such Successor Developer shall assign Developer's rights hereunder and delegate 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 terms of this Agreement but shall have no direct rights to enforce this Agreement or make any claim or have any cause of action against the Ranch under this Agreement. The Developer Property Association shail at all times represent and be the only party entitled to ac: for such owners and all actions of the Developer Property Association shall be binding on ..�ch owners. 8. System Mana:emenr. and Modifica:_.._ .,roanizatian o:. Soecial District. A Wastewater Systems Management Committee "Committee") shall be established to which the Ranch Board shall, so long as this Agreement remains in effect, delegate all decisions regarding (a) the alteration, modification, reconstruction or replacement of the sewer system and/or wastewater treatment plant, (b) establishment of rates, tap fees, sewer charges, rules and regulations and future connections to the sewer system (excluding existing commitments of the Ranch) which decisions shall be subject to and consistent with the terms of the agreements, including this Agreement, between the Ranch and third parties to whom the Ranch is required or authorized to provide wastewater treatment service. Initially, the Committee shall consist of two (2) members, one appointed by the St. Finnbar and one appointed by the Ranch homeowners association with each member having a number of votes equal to the number of fully paid sewer taps available to their respective properties. All decisions of the Committee shall be by majority vote. Should another entity obtain sewer service from the Ranch, the Committee shall have one (1) additional .tr l,nL • I$H +�i� (the • • member appointed by each such entity which additional member shall have a number of votes ecual to the number of fully paid sewer taps available to such entity. The Committee shall not act in a manner which would impar sewer service to the Developer's Proper`y, the Ranch and, if applicable, any such other entity other for periods of time reasonably required for work affecting the system and upon reasonable notice to all parties. except in cases of emergency where advance notice shall not be necessary. The Ranch also reserves the right, in its sole and absolute discretion, to organize a special district and to assign its rights and delegate its duties hereunder to such a special district and/or to any governmental or quasi - governmental entity, in which event all functions of the Committee shall be assumed by the District. In connection with the organization of such special district or the assignment and/or delegation of the Ranch's rights and obligations hereunder to a governmental or quasi -governmental entity, the 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 anti/or delegation and to lend all assistance reasonably required by the Ranch in connection therewith, notwithstanding that the Developer Property may be within or without the boundaries of such special district or governmental or quasi -governmental entity; provided that the Developer Property is included in the service area of such district or entity or otherwise is assured of sewer service from such district or entity on terms which are no less favorable to the ^eve -Loper Property than the terms of this Agreement except to the extent that terms applicable to the Ranch Property are also comparably less favorable. 9. System Maintenance and Cost Allocation. The Ranch shall perform or cause to be performed all maintenance, repairs, replacements, cleaning and monitoring of the wastewater treatment plant and all portions of the sewer system, as the same may be expanded or modified after the date hereof, excluding the Developer Collection System and the Connecting Main which shall be maintained, repaired, replaced, cleaned and monitored by 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, upon giving prior notice to Developer may (but shall not be obligated to) enter upon the Developer Property to operate, maintain, repair, replace, clean and/or monitor the Developer Collection System at Developer's •[Ks.Itltt. r nffls.ria11 • sole cost and expense, provided that, in the event of emergency, no prior notice of entry need be given. 10. Ownership of lmorovements. The Ranch shall own the wastewater treatment plant and all portions of the sewer system lying within the Ranch Property, including the Connecting Main. The Developer shall own the Developer Collection System. 11. Condi:ions Precedent to Provision of Service. Developer expressly acknowledges and agrees that the following shall constitute conditions precedent to both the Ranch's obligation to provide the Sewer Service described herein and to the Ranch's allowing any sewer taps to be connected on the Developer Property. lla. Service Charge Reserve. Developer shall have delivered to the Ranch and shall thereafter maintain a six (6) months' service charge reserve, calculated in accordance with the Ranch's Rules and Regulations and the formula set forth in Section 13 d. below, and based on the larger of (i) the minimum of 18 EQRs committed to hereunder or. (ii) the number of EQRs which have actually been connected. Developer acknowledges and agrees that such service charge reserve may be applied by the Ranch to satisfy any delinquency or default hereunder and covenants to maintain such service charge reserve with the Ranch for so long as Sewer Service is provided hereunder. To the extent such service charge reserve is drawn down or applied to any delinquency or default., Developer shall promptly replenish the funds drawn down or applied. Developer shall add to the service charge reserve as necessary to reflect increases in the number of EQRs connected and to reflect increases in service charges over time. The Ranch shall keep the service charge reserve in an interest-bearing account at a bank or other financial institution in which it maintains one or more of its own accounts and shall pay the interest credited to the account to the. Developer at least annually to the extent the funds in the service charge reserve, after the payout of such interest, are at least equal to the amount then required to be maintained in the service charge reserve. 11b. Activation of Developer Property Association. The Developer's Declarations and Covenants as hereinabove described shall have been recorded in the real property records of the County of Garfield, State of Colorado, and the Developer Property Association described therein shall have been formed, commenced to operate and assumed the obligations under this Agreement. .,x, ..,..,..I,I. • 11c. [Int___`.ionally Ornitted.1 lld. ?a.{me : of Tap Fees. The Develooer shall have paid aid/or reiTburs d yo the Ranch all tap fees and other fees and costs required hereby and bv the Ranch's Rules and Regulations. Ile. Performance bv Cesellooer. he Developer shall have performed or caused to be performed such acts or actions as may be required by law, by this Agreement or as may reasonably be required by the Ranch's engineers, as necessary conditions to the, connection of taps on the Developer Property. llf. Tap fees payable pursuant to Section 13b have been paid and the conditions set forth in Sections 14a and b have been satisfied. 12. Lien Riahts, Disconnection Riahcs and Other Rights of the Ranch. 12a. Sewer Service Lien. In consideration of the Ranch entering into this Agreement and in order to secure the payment and performance of the obligations of Developer hereunder, the Developer, on behalf of Developer and Developer's successors and assigns, hereby grants to the Ranch and its successors and assigns a perpetual lien upon the Developer pr tarty (z..he "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 right of cure by Developer, the Sewer Service Lien may be foreclosed and/or executed or realized upon by the Ranch as a mortgage, or by any other means authorized under the applicable laws of the State of Colorado. The Sewer Service Lien shall be prior and superior to any other lien or encumbrance upon the Developer Property, excepting only the lien for ad valorem real property taxes; provided that, the Sewer Service Lien shall be junior to the lien of any first mortgage or first deed of trust on any part of the Developer 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 Ranch of a specific notice of lien claim. 12b. Disconnection. for Default. The Ranch expressly reserves, and the Developer hereby grants to the Ranch, the MISC, 11.1 �1f11f.•1 �I right, after notice to Developer and failure of Developer to cure :he default by the expiration of t'.'1e Cure Period as hereinafter defined, to disconnect the Dev later Property or any portion :hereof from service or to discontinue providing service to the Developer Property or any portion thereof in the event any charges costs or fees payable hereunder or under the Rules and Regulations of the Ranch are not timely paid, or in the event of any other violation of :his Agreement or the Ranch's Rules and Regulations by Developer or Developer's successors or assigns or any owner or occupant of the Developer Property. The "Cure Period" for purposes of this Section shall mean, for a monetary default, 60 days and, for a non -monetary default, 60 days plus such additional time as Developer is diligently proceeding to cure the default, in each case, extended until conclusion of any arbitration under Section 22 below which is commenced prior to disconnection of service. In the.event of reconnection to the system or the continuation of service, Developer shall pay the costs and expenses thereof. 12c. Individual Lien for Sewer Charges. Upon payment in full of all sums due, the. Ranch under Sections 13b.(1) and (2) below and Ila. above and the platting of the Developer Property into legally subdivided lots or parcels of land, the Ranch's remedies of a Sewer Service Lien and disconnection set forth. in 12a. and 12b. above shall apply in each instance: (i) only co the separate lot or parcel of land that is in default with resect toncnuayment of service charges including capital costs or-a=ed that- Developer Property Association shall designate in writing to the Ranch the particular lot or parcel that is in default, and (ii) to the entire Developer Property with respect to any obligations under this Agreement other than nonpayment of service charges including capital costs. 12d. Controls on Developer Property and Use of_ Sewer Facilities. Developer shall not (i) use any sewer tap on the Developer Property for any purpose other than providing service to a single-family residence and any related Caretaker Unit, as hereinafter defined, or Outbuilding, as hereinafter defined (e.g., no commercial uses other than unobtrusive home occupations shall be allowed) or (ii) permit or allow to occur occupancy of any of such single-family residence or Caretaker Unit by a number of persons which exceeds any applicable statute, rule, ordinance, regulation or the design capacity of such residence or Caretaker Unit or (iii) permit or allow to occur infiltration of the sewer system by ground or seepage water or (iv) permit or allow use of the sewer system for disposal of any wastes which are not usual and customary in nt10472I%.li!)fl. fl SS 1 • connection with sing=e family residential use. In the event the -es-,ana Property is -onnected to the sewer system, Developer a:":a assians shall not be responsible for any v_.oia:ion of the foregoing requirements by the Presiiana Owner or owners of ions or units on the Preshana Property. 13. Fees, Chesand Payment Thereof. 13a. _Q Rs be Served. Developer hereby agrees to purchase and, subject to the terms and conditions hereof, the Ranch hereby commits to sell to Developer sewer taps for not less than 18 nor more than 35 EQRs. For purposes of this Agreement, one "EQR" shall equal a single-family residence ("Residence") with up to three (3) bedrooms and two (2) bathrooms or Half Baths; each Caretaker Unit (as hereinafter defined) shall equal 0.4 EQR; each additional bedroom, bathroom, or Half Bath of the Residence or Caretaker Unit as well as an Outbuilding bathroom or Half Bath (as hereinafter defined) shall equal two-tenths (0.2) EQR, The addition of bedrooms and/or baths with a service demand of less than one-half (.5) EQR shall require the payment for one-half (.5) EQR, and EQRs must be purchased in half or whole number increments provided that, partial EQRs required to serve a Residence, Caretaker Unit and/or Outbuilding may be aggregated together and with any pre- existing EQRs of the associated Residence for purposes of determining service requirements hereunder. For purposes hereof, the term "Caretaker Unit" shall mean a dwelling unit, ca -ed ony^e lot or parcel containing the Residence, whether attached toor detached from a Residence used by the family inhabiting the Residence, such family's guests employees, and/or tenants and containing no more than one bedroom and no more than one bathroom or Half Bath. For purposes hereof, the term "Half - Bath" shall mean a toilet and wash basin and an "Outbuilding" shall mean a non -dwelling unit associated with, but detached from a Residence or Caretaker Unit. 13b. Payment of Tan Fees. [Numbers for Preshana should be adjusted in proportion to number of EQRs]. Developer shall pay to the Ranch tap fees equal to Seven Thousand Five - Hundred Dollars ($7,500) per EQR. Developer agrees to pay or cause to be paid the tap fees as follows: (1) $75,000, representing 10 EQRs, by the later of 30 days after receipt by Developer of notification that approval has been obtained of the Site Application for the Improvement Project as provided in Section 14(b) or 120 days after the date of this Agreement. ,_,.,,,z...,,,,..,.. K2) $60,000, representi=ng 8 EQRs, on or e�ore ..ha".mencement of construction of the Improvement co. Project. At Developer's election, payments under subsections (1) and (2) may be placed in escrow with Alpine Sank pursuant -o escrow instructions providing for disbursement of such payments to the Ranch solely for design, engineering and construction of the I=mprovement Project as authorized by McLaughlin; provided that, such escrow instructions shall be prepared at the cost of Developer and agreed to in advance by the Ranch and all costs and fees of the escrow agent and the escrow shall be borne by Developer. Approval of any such escrow agreement by the Ranch shall not be unreasonably withheld or 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. (3) $7,500 for each additional EQR (not to exceed 17 additional EQRs in the aggregate) on or before the date upon which the service for such EQR is requested by Developer. Developer acknowledges and agrees that once made, the payments under subsections (1), (2) and (3) above shall be deemed fully earned by the Ra__..__ and shall not be refundable under any circumstances, except if this Agreement does not become effective for failure co satisfy the conditions precedent set forth in Sections 14a. and b or is terminated as provided in the last paragraph of Section lb. or as provided in Section 2c. Credit Against Tao Fees. The parties previously entered into a Sewer Service Agreement, dated October 31,,1996, ("Prior Agreement") which terminated because of the inability of the Ranch to obtain, at that time, certain approvals of owners within the Ranch which were a condition to the effectiveness of the Prior Agreement. Subsequent to termination of the Prior Agreement, Developer incurred costs of approximately $20,000 in design and pursuit of permits and agreements necessary for the construction of a wastewater treatment plant on the Developer Property. Ranch hereby agrees to purchase such information and studies in exchange for a credit to Developer against tap fees payable hereunder equal to the actual out-of-pocket costs and expenses incurred by Developer for such purposes during the period from December 10, 1956 through November 20, 1997 up to, but not exceeding $20,000. The actual total amount of the RtIe.111 .% tt-tlei 1 • credit shall be the amount shown on the itemization of such costs and expenses attached as Exhibit D. The credit/ shall be given by reducing the .nap fee per EQR for the 1l._. 1 through the 27th EQRs purchased hereunder by 1/10th of :he `notal amount shown or. Exhibit D. 13c. Time Limits for Purchase and Conrnectior. of Taos. The Ranch agrees that the $7,500 per EQR tao tee shall remain in full force and for a period of five (5) years commencinc: on the date hereof. After the expiration of such 5 -year period, (i) the Ranch shall have no obligation to provide any unpurchased taps to Developer, and (ii) service for additional EQRs shall be determined by the Ranch in its discretion. Any taps purchased hereunder must be connected and put into service by December 31, 2020. Thereafter, the Ranch will have no obligation to allow connection of, or to provide Sewer Service for, taps not put into service by such date or to provide additional taps except to the extent of then existing unused and uncommitted available capacity. 13d. Service Charaes. The Developer shall pay service charges in accordance with the Rules and Regulations promulgated by the Ranch from time to time; provided that the service charges per EQR payable by Developer shall be determined in accordance with the following formula: Aggregate cost of operation, .maintenance and repair of the sewer system divided by the total number of EQRS connected to the sewer system x 1.25 = service charge per EQR connected on the Developer Property. For purposes of determining service charges, the costs of the Improvement Project and Capital Costs, as hereinafter defined, shall not be included and costs for insurance and such other items as are customary and necessary to the continued operation of the sewer system, shall be included, including costs incurred in good faith which might be found to be avoidable or excessive. Costs of service or other fees or charges in the future to Developer shall be based on actual costs and experience in operating, maintaining and repairing 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 of this Agreement, the term "Capital Costs11 shall mean and include costs and expenses of whatsoever kind or nature suffered or incurred in .1 11111..1'1111.1111 • • connection with installing or replacing Common Facilities and major or extraordinary expenditures for repair and main:enance of Common Facilities, except that the costs of :he Improvement Project shall not be included. The term "Common Facilities" shall mean and include all portions of the Ranch's sewer system on the Ranch Property, includi~without limitation the wastewater treatment plant, all mains, lift stations and other facilities and appurtenances, but excluding service lines to provide service to individual users, and exclud_. facilities which never handle or treat sewage from the Developer Property, and excluding the Connecting Main. 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 time after receipt of a written billing from the Ranch. "Developer's Share of Capital Costs" shall be the proportion which the number of 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 system. 13f. ECRB Attributable to Ranch Property. Developer acknowledges and agrees that, under the Ranch's governing documents, assessments of dwelling units are equal and therefore each dwelling unit now or hereafter existing on the Ranch Property (whether the same is a condominium, townhome or detached residence) will be deemed to equal one EQR for all purposes, in cerpetuity. Developer further acknowledges and agrees that the Ranch shall be entitled, in ,is sole and absolute discretion, to determine the number of EQRs to be charged and/or allocated to commercial users of the Ranch's sewer system. 14. Conditions Precedent to Continuing Effectiveness of Agreement. The following shall constitute conditions Precedent to the Ranch's obligation to perform hereunder: 14a. Financing Availability. The Ranch obtaining a substantially unconditional loan commitment, on terms satisfactory to the Ranch, for financing up to $600,000 to cover costs of the Improvement Project other than the $135,000 (less credits under Section 13b) payable by Developer as tap fees under Sections 13b (1) and (2) ("Financing Condition"). The target date for satisfaction of the Financing Condition shall be November 5, 1999. 14b. Obtaining Permits. The obtaining by the Ranch of all necessary permits, licenses and approvals from all applicable tine . awn .n.. • • governmental entities and/or regulatory agencies. The target date for obtaining approval of the Site Application for the improvement Project r and for o.��. ratn -r.g any other Permits, licenses and approvals required before commencement o: construction of the improvement Project shall be May 15, 2000. 14c. Condition Satisfaction Dates. If conditions set forth in subparagraphs 14a and 14b are not satisfied by the target dazes set for:h therein, this Agreement may be terminated by either party by written notice to the other party given before the relevant condition is satisfied, in which case any payments by Developer of tap fees under Section 13 above shall be refunded to Developer and both parties shall be released from any further obligations hereunder. 15. Reuse Water. All wastewater resulting from the Sewer Service provided to the Developer Property shall be returned to the Roaring Fork River basin at the Ranch's wastewater treatment discharge point. 16. Design, Fnaineerina_ and Construction Claims. In the event of any negligence, default, or other defalcation by any designer, engineer, contractor or subcontractor retained by either the Ranch and/or the Developer in connection with the Improvement Project and/or the Developer Collection System, each of the Ranch and the Developer shall have, and they hereby retain, the right to proceed against such designer, engineer, contractor or subcontractor. The Ranch and the Developer hereby waive and disclaim any rights to proceed against the other on account of the negligence, default or defalcation of any such designer, engineer, contractor or subcontractor. 17. Notices. All notices, demands, requests or other communications to be sent by one party to the other hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of same in person to the addressee or by courier delivery via Federal Express or other nationally recognized overnight air courier service or by depositing same in the United States mail, postage prepaid, or by facsimile transmission, addressed as follows: To Ranch: Ranch at Roaring Fork Homeowners Association, Inc. 14913 State Highway 82 Carbondale CO 81623 Facsimile No. 970-963-9243 with copy to: Hardin Holmes, Esq. :reland, Staplet..on & Pryor :675 Broadway, 2600 :enver CO 80202 Facsimile No. 303-628-2062 _o Developer:So. Firnbar Land Company Jim Mindling Mid -Valley Develoomen= Co. 32 Buttonball Lane Weston CT 06883 Facsimile No. 203-227-9519 with copy to: Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen CO 81611 Facsimile No. 970-925-3008 All notices, demands and requests shall be effective upon such personal delivery or one (1) business day after being deposited with Federal Express or other nationally recognized overnight air courier service or three (3) business days after deposit in the United States mail 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 next business day. By giving to the other party hereto at least :en (10) days' written notice thereof in accordance with the provisions hereof, the par: -es hereto shall have the right frog. time to time to change their respective addresses and/or facsimile numbers. 18. Governina Law. This Agreement and each term, covenant, and condition hereof shall be governed by and construed under the applicable laws of the State of Colorado. 19. Inurement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs successors and assigns; provided that the provisions hereinabove set forth establish the relationship between the Ranch and Developer's successors and assigns. This Agreement may not be modified or amended except in a writing executed by the Parties hereto. 20. Commencement of Service. Subject to each of the terms, covenants and conditions hereof, the Ranch shall provide Sewer Service to the Developer Property as provided in this Agreement. •1f C13T1Ti•i113i3. N1 • • 21. Force Any obligation of either party under this Agreement which is delayed or not 'o'erfor:;?ed due coacts of God, strike, riot, or weather, failure to obtain labor and materials az a reasonable cost, inability to cain governmental or regulatory licenses, permits or approvals, or any other reason beyond the control of the party, shall not constitute a default hereunder and such obligation shall be performed within a reason.' -,1- time after the end 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 or dispute shall first be addressed to, and heard by, the Ranch's Board of Directors. If, and only if, after such hearing, the complaint or dispute has not been satisfactorily resolved, the dissatisfied person or party 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 or.1y through court proceedings, salon 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 he terms, conditions or provisions hereof, the prevailing parry 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 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 or party with respect to any matter arising in connection with this Agreement or the Sewer Service to be provided hereunder except in the case of willful disregard of this Agreement, recklessness, bad faith or malice, except that Developer, a Successor Developer and the Developer Property Association shall be liable for payment of all fees, charges 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 or party shall be entitled to recover any punitive or consequential damages in • any action or proceeding arising under or in connection with this Agreement. 24. Entire Acree ;ent . This Agreement and the Memorandum of Understanding between the Parties dated December 14, 1995 ("MOU") , constitute the entire understanding between the Parties hereto with respect to the subject matter hereof and all other prior agreements or understandings shall be deemed merged into this Agreement and the MOU. This areement supersedes the MOU to the extent of [matters covered herein. 25. Authority of Parties. Developer is a Colorado corporation validly existing and in good standing under the laws of the State of Colorado. - The Ranch is a Colorado not for profit corporation validly existing and in good standing under the laws of the State of Colorado. Each of the parties has the power and authority to own its properties and to carry on its, business as now conducted, and, except to the extent permits, licenses ar approvals are required as provided in Section 14b, hereof, has all necessary power and authority to execute, deliver and perform this Agreement and any other documents made or given in connection therewith and to be bound thereby. 26. Benefit of Other Agreements. In the event the Ranch shall enter into other like or similar agreements for sewer service with Preshana or any other party (Preshana or such other - party hereinafter referred to as a "Third Party"), which other agreement shall contain provisions of materially greater benefit or advantage to said Third Party, this Agreement shall, retroactively to the date hereof, automatically be amended to embody said provisions of greater benefit or advantage. By way of illustration only, should the Ranch enter into a sewer service agreement with Preshana with a price of $3,000,00 per EQR, this Agreement shall be amended to reduce the price to St. Finnbar to $5,000.00 per EQR, with the $2,500.00 difference per EQR being a credit to St. Finnbar against future tap fees to be paid under this Agreement, ar if all tap fees have been paid or the credit exceeds any unpaid tap fees, such amount being refunded to St. Finnbar within sixty (60) days following execution of such other agreement. Within thirty (30) days of the full execution, the Ranch shall provide Developer with copies of all like or similar agreements for sewer service with any Third Party. The provisions of this Section shall not apply to agreements with respect to properties located within the Original Ranch, as defined in the Second Amended Declaration governing the Ranch at Roaring Fork. • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Yate first set forth above. Attest: By: Its: RANCH AT ROARING FORK HOMEOWNERS ASSCCIATIC , INC Colorado nonprofit corporation Its: Attest. a Colorado corporation By: Its: STATE 0F C i 4,,/'p,Lrs ) )ss COUNTY OF C-,44.- .: 42U 7 The foregoing instrument was acknowledged before me on this day of August, 1999, by as ,s..,. and by „ If q t e Le., --as r -t of Ranch at Roaring Fork Homeowners Association, Inc., a Colorado non-profit corporation. .,,,,, ,,.. KIMBERLY A AA3ERG Notary Pub'IC State of Colorado (SEAL STATE OF COUNTY OF Pt /I? v ) ss . My Commission Expires : G- 1 Q . Q f The foregoing instrument was acknowledged before me on this day of August, 1999, -by Richard D. Lewis as President of St. Finbar Land Company, a Colorado corporation. STATE OF COUNTY OF Coiloyea6'17 )ss. Notary .ublic MY COMMISSION E PIhEb 417101 My Commission Expires: The foregoing instrument was acknowledged before me on this 6- day of August, 1999, by Morton A. Heller as Secretary of St. Finnbar Land Company, a Colorado corporation. -23- . Aaate2- Notary'u(/blic '{ WY COMMISSION EMS My Commission Expires: 417101 • • EXHIBIT "A" A parcel of land sit aced in rots 5, 12, 1 3, and 1 9 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. 1 9598, whence the witness corner to the northeast, corner of said Section 31 bears North 41°08'04" East, 3203.06 feet; thence South 11037'27" T,4est, 1 304.69 feet; thence South 23°40'24" West, 80.58 feet; thence South 35°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) 2) 3) 4) 5) 5) 7) 8) thence thence thence thence thence thence thence thence thence thence thence thence North 65°57'30" North 63°591481" North 66°50'18" North 75'33'21" North 84°25'20" North 87341'19" North 83'30'35" North S5'59'25" leaving said West, West, West, west, West, West, West, West, centerline South 80°31'40" West, North 00°00'33" East, North 89°11'07" East, North 00°00"18" East, South 76°47'40" East, South 13°12'20" East, South 81°01'17" East, South 41°30'29" East, South 62°48'46" East, South 77°44152" East, South 72°41'32" East, 567.75 319,32 203.39 272.62 257.22 223.13 340'.12 '20.15 feet, feet, feet, feet, feet, feet, feet, eet; North 00°30'00" 499.09 feet; 1273.09 feet; 471.38 feet; 262.17 feet; 1038.73.feet; 120.00 feet; 285.92 feet; 89.74 feet; 375.98 feet; 31 7.09 feet; 1 36.34 beginning. West, 233.20 feet; feet to the point of Together with all of Grantor's right, title and interest in and to a perpetual easement which is described as Parcel "13" in the Agreement, Easement Grant and Mutual Release recorded October I.C\.fi,!...,,.,..... • • 22, 1986 in Book 697 at Page 616 under Reception No. 375658 in the records of the Garfield County, Colorado Clerk and Recorder, exceot that por o:cr of said Parcel "Bar 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. :410.141.14.0\Nlf . a.. EXHIBIT "B" RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION, INC. RULES AND REGULATIONS (SEWER SERVICE) SECTION 1 - GENERAL/EXPLANATORY Ut _ERIAL.' 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 INI T <CNS . Unless the context spec. ally 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. S.O.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 Pursuant to and to the extent provided in Section 8 of the Agreement dated Aum 4, 1999, between St. Finnbar Land Company and the HOA, and pursuant to Section 7.1 of these Rules, the authority of the HOA with respect to the management and operation of the system has been delegated to the Committee established by that Agreement, effective upon the establishment of the St. Finnbar Homeowners' Association. •:aeuntt. M nu. uta • • of the Collection System will be owned, operated, repaired, 7r:a_^.ta_ned and replaced by the HOA, but some por,__ons of the Collection System which are Local F�� yes mav be owned, operated, maintained, repaired and replaced b-; a 2esignated 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 designated parts of the HOA's Service Area and/or to be a representative of Owners in that designated area. Notices to Owners in an area having a Designated Intermediary need only be given to the Designated Intermediary for that area. Payments due from Owners in an area having a Designated Intermediary shall be made by the Designated Intermediary for that area and, in general, the HCA will not be expected or reOuired to deal directly with Owners in an area having 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 to the Commercial Parcel (as defined in the Ranch Covenants) within the Ranch, or separately developed portions of the Commercial Parcel (e.a., Ranch Creek). 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 which it seeks to have 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. .t.C.,h...,,.,,...,.. This item includes an Inspector employed by the Engineer. EQR - 7his s 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. Sewer Main shall mean a sewer pipeline which is not a Service Line and carrying sanitary sewage wastes 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 into 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 $7500. 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 agreed in a written service contract, it is the HOA's responsibility to operate and maintain all Common Facilities. of �eYr+l�l.a\II 1•. 011 • It is the Develc;er's responsibility to finance, design, and construct all Local Facilities as defined here_._. Sc_. facilities shall be constructed in accordance wL:h plans and specifications aoproved by the HOA. The Developer shall pay the cost of all such fatititles. ._iter construction, the Owners served by the Local Facilities, or, if one exists, , the Designated Intermediary, as representative of the Owners, shall be responsible for the operation, maintenance and rep_aoemernt 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 HDA, 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. 2.2 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 co :DA lines; breakage of Sewer Main lines by HOA personnel; inadequate sewer treatment; interruption of sewer service and the conditions resulting therefrom; breaking of any 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 HDA 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 any time for any reason deemed necessary or appropriate by the Board of Directors. 2.3 OWNERSHIP 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 any contract with an Owner, Developer or .canan's .,'nu nag Designated Ir_ter-ediary provides otherwise. Said ownership will remain valid whether the tires and treatment works are _or. orotherwise acquired by the constructed, financed,paid=�_ , or HOA, or by other Persons. . Local Faci..ties 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 with the sewer system, shall become and is the property of the Owner. This principle shall not be changed 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. All 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 properties for the purpose of insn_ection, 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 •1111C14,01. akt1.1%.21.1 • connection to or service by the system. Only upon authorized approval of the application and receipt of any required fees ma_r a connection or modified connection to or service by the system bemau e. Application approvals attach_ to the designated premises They are naffected by c�_a:� es in the ownership p cr the only. of .g ..._ - 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, written 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 any other or additional fee or penalty specified in these Rules and Regulations, as amended. ?w y reassessment shall be due and payable, together with any penalties or other additional fees charged, and together with interest at the legal - rate of interest as then in effect pursuant to §3-12-1Q1 C.R.S. as it may be amended from time to time 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. Any change which increases the number an EQRs served by the sewer system will require payment oadditional Tap Fee or Tap Fees. Any change which decreases the Nutt r.177. eo..31 alS4 • burden claced on the sewer system shall no: result in a refund, rebate or reduction of any Tap Fees or other fees previously paid. 3.4.1 Any violation of Sectio. 3.4 shall result the assessment of a ' '_.:horized connection fee, as provided by -." • -- a. Section 3.5 of these 7.f.les and Regulations, and the :-OA shall take those steos authorized by these Rules and Regulations and Colorado law regarding the collection of said lees.. 3.4.2 If the HOA believes that any Cwner has changed the equipment, service, or use of their property in violation of this Section, the HOA shall notify the Cwner (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 any 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 change, 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 5 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 cer: issior. to make such inspection of the property in question as the HCA 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 change 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 Owner of the property benefited 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 44 4/2,1.0\f..li. Yihl is paid within the thirty (30) day period, the unauthorized connection fee shall be waived by the HCA. 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 ocher 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 unau_ orized connection fee (if assessed) and the then -current Tap Fees, plus any service charges or any ocher charges that may bey 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 be revoked by.the HOA upon non --payment of any valid fees or charges owing to the HOA or upon violation of these Rules and Regulations or the provisions of any contract for 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. R_ the non-payment or violation is nor. resolved within the time prescribed, 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 TAMPERING WITH SYSTEMS. 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 #444,ffnfy.4\ff11. 11ff • 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 any facility, even though the same may be performed on a privately owned ar'd maintained Service Line. 4.1.2 No Person shall maliciously, willfully, or negligently, break, damage, destroy, uncover, deface or tamper with any portLon 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 any 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 be 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 question, 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. • tM11ti t i. •i Mia. of as • • (b) Inflow/Infiltration. No Person or Persons shall discharge or cause co be discharged into the sewer system, from "ground surface, roof ladders, catch basins, or any ocher source, surface or sub -surface drainage or around. waver. (c) Other wastes. No Person or Persons shall discharge or cause to be discharged into the sewer system any of the following, except co 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: Industrial cooling water. Agricultural and livestock wastes Unpolluted process waters. Bakery/restaurant wastes. Car washing wastes. (5) 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 metal, glass, rags, feathers, tar, or any other solid or viscous obstruction to the flow in sewers proper and normal operation of the , sand, mud, straw, shavings, plastic, wood, paunch manure, substance capable of causing or other interference with 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 .unun+t.+ ,.u. aaaa 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 uantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. (14) Any noxious substances or malodorous waste, waters, 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.O.D. concentration greater than 300 ppm. (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 composite sample concentration at the paint of discharge in excess of the following Cadmium Chromium Copper Cyanides Iron Phenol H2S (HydrogenSul f ide ) Zinc 15.0 10.0 1.0 2.0 0.10 mg/1 5.0 mg/l 3.0 mg/1 2.0 mg/l mg/1 mg/1 mg/1 mg/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 Surnp 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 connections shall be permitted whereby a Sewer Service Line is connected to a MileN.ren...a»ss. oa 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 :he 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 co disconnect such forbidden device or camping syswem at his cos:, and upon failure to do so, the HOA may forthwith disconnect any Service Line from the 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. All interceptors shall be located so as to be readily available and accessible for cleaning and inspection. Crease and oil interceptors shall be in an accessible location for maintenance and inspection and shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be watertight, and, if necessary as determined by the HOA, gastight and vented. Where installed, all grease and oil and sand interceptors shall be maintained by 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 .180.071,,.4.1011.304 • • 4.3.1 Sewer Service Line Maintenance. Each Owner shall be responsible for :-.aintai i._g ,__s Service Lines. Infiltration leaks or breaks in :he Service Lines shall be repaired by the Owner within 72 hc'_:.rs from the time of notification of such condition by the HCA. 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 lines and shall charge the Owner all resulting cos7s thereof. The HOA shall be entitled to place a lien against the property of such Owner securing payment of such costs. 4.4 ENFORCEMENT. a. The HOA shall have the right to revoke service to any 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. 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. *tines, esu. nn • • d. In order to effect its powers, the HOA may enter upon private preperty for the purpose of inspection and maintenance of sanitary and waste disposal facilities and may terminate service to property in which a violat_on of any of these Rules and Regula ions is found to exist. 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 HOP. 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 Intermediary 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 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. 5.2 EOUIVALENT RESIDENTIAL UNIT (EOR) 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 4490.111U.011111.1144 charges shall be billed and payable on a periodic basis, in an amount determined by the HOA from time to time based on the HCA'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 FOP. 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 ($10.00) and an interest charge at a rate of one percent (1 %) per month on the unpaid balance. The HOA has the right to assess to any Owner 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 any time it becomes necessary for the HOA, following efforts to collect overdue 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 the 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 f1.11nM l..tfftl. af11 • of the action or determination bye mail within thirty (30) days after receipt of the complaint. APPEALS THE BOARD. In the ever.: the complainant di,-ire with t^ determination of the hearing officer, the disa�.- es _-- --Y �-- complainant may, wyt_.ri fifteen (15) days from the date of mailing of such determination, file with the HOA a written request for an appeal thereof co 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 complainants request for appeal. Such considerations 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 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 Rule and Regulations are inconsistent or in conflict with the express. provisions of a written service contract bee w extent the express HOR and an. Owner or Designated Intermediary or to .»n,nfi..A.•ss, 2411 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, q.Cjl 11-4{.µ.tSfl • APPENDIX A EQUIVALENT RESIDENTIAL UNIT (EQR) SCHEDULE SEWER UTILITIES Class of User A. RESIDENTIAL CLASSIFICATIONS QER QER. I. 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) bedrooms and two (2) bathrooms or Half Baths 1.0 3. Caretaker Unit not annexed into the HOA 0.4 4. Each additional bedroom, bathroom or Half Bath in a single family residence not annexed into the HOA 0.2 Qualifications and Definitions. The addition of bedrooms and/or - baths with a service demand of less than one-half (.5) EQR shall be allocated one-half (.5) EQR. Tap Fees for EQRs must be paid for in one-half 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 guests, 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. S. COMMERCIAL CLASSIFICATION [to be established as necessary] OTHER CLASSIFICATIONS +ian#ni $ . atut • Equivalents shall be established on an individual basis for all users other than those identified in Classifications A and B. am -k.11/4. IM,. .... EXHIBIT C to SEWER SERVICE AGREEMENT (St. Finnbar Property) Section 9.5(e) of Article I,X Water and Sewer Service, of the Second Amended Declaration of Covenants, Conditions, Limitations, Restrictions, 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 any such users or an entity 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 may be provided to such users outside the Project which exceeds the capacity of the Association's water and sewer facilities including any expansion thereof. Any such service contract shall require the users, at a minimum, to pay all costs of constructing, installing, operating, maintaining, repairing and replacing facilities, whether insider or outside the Project, designed solely to serve' such users; to pay a fair share of the value of 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, operating, maintaining, repairing and replacing facilities designed to serve both such users and other users in or outside the Project. The fair share of costs or value to be paid by such users outside the Project shall be determined'by the Board of the, Association in its discretion but shall, at a minimum, 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 members of the public, or take any action which will cause the Association to be classified as a public utility under the laws of the State of Colorado. Aun.nn Al..0-In. 411 Ili EXHIBIT D TO SEWER SERVICE AGREEMENT (St. Finnbar Property) Itemization of Costs and Expenses to be Credited Against Tap Fees Under 135 r • LETTER FROM WASTE WATER TREATMENT ENTITY ATTACHMENT D JAN -14-2000 09:22 RP1 IES TV 97096 41,13 t=1Ytr 1 NtkRING FAX NO, 970 $45 2555 II:umber 22, 199.9 Colorado Department of Public II -alth and Environment Watcr Quality Control Division 1300 Cherry Creek Drive South Denver, Colorado g0246-1530 ltw St. Finnb r Farm ,Subdivision Li01 Station Application HC) Project No. 19074,0R '1'n Wlto,n 1t :v1 y Coneern: i'he ltstnch nt Roaring Fork Sanitation District is scheduled for the expansion of its wastewater itentaicnt facilities in March, 2000, The apprnximate time for completion of the expansion is 6 months. When the expansion is complete, tate hydraulic capacity of the facility will be 100,000 vailcf<ty and the organic capacity will he 2001bsfday. The facility will have: the necessary cafpacity for the St, lFinanbar Farni Subdivision prior to subdivision corning on line with the ireattucnt facility. f he Ranch at Roaring Fork Sastit:alion District i5 not presently in violation of any effluent parameters of its di.,icharge permit or operating under a Notice of Violation andfor CCASC and De5ast OrdLr Front the Water Quality Control Division, resulting from discharge permit violations, If you have any questions or comments, picrtsc feel free to contact us, Sincerely, IL&NCI I VI RO44 UNG mu. SANITATION DISTRICT n ex\AS Sere -k1 Kcily Clessacy P.02 P, 02/02 • CALCULATIONS ATTACHMENT E PA • • Project S C WJob No. '200 44, Ck'd by Date_17-(16 lq By Date Subject Pc-gt H -t Page i of ! LvT -- `1, Fit Q�RatS 1`� t 751 t7 ,t 1 1 (AL. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • Fax: (970) 945-2555 • 1 DRAWINGS AND TECHNICAL SPECIFICATIONS ATTACHMENT F J: 1:yllsl l'R(], 09\89074-08\INGlisdet 1, dwg lue Jdn 25 14:28: 16 2000 SHEET T OF t 8 J 10 141 m J 3 _ECO N O i 3 b� CD 0 N i w ,, 1 a o 1 A Pi M CCI 01 r mC ▪ Cl Orn O ?N Z E.) - N :A O t7 -13 -0 0 EJE C - a Za -I U% D 2 0 O d/soracg 7. CoPlitGHT (c) 1994..1995 SIA N & LOVELESS INC. NOUVA3i3 IVN0I1D3S NO11335 SSQmI3 t 'NO OOr — u47VdYO 'YIll ilxvi d14 OZ — SNOAOR dried 'S IAO/ HELER ARFIELD COUNTY, COLRADO D n x di ST. FP1BAA FAM su vis©N LIFT STATKNJ OEALS w421 a 1 °BANfTRY ENONE--ra+¢ rc 93 CLENN4SPRH CO—_H{970) 945-5- 76 FXO?11707 94`-7 Ir, s A G O1 I' I� ✓ 4 a • 01 4; Na I' O � OI co Iw Ir O ® Ot N_ U N V E'' V r � 4 NJ m 4 I,. 01 4 I I •o F 4 L•M N L-. . DES. N/A N0.' DATE R. OK. N/A DATE 1-16-00 FILE: !SCE 11 REVISION er J:\SDSKPROJ189169074-0816W6\Pps01.dwg Tue Jan 25 14:47:16 2000 8 62541 6234 6 47636 625 42355 41553 673s 4 8 T 12416 8 6247 0 247.1 6247 7 1 m 8 6203. Z 62462 8 © - I 620 4 StA 1 Al9.94 991A - 6255 40 109 IN - 6250 36 A2 -A1 IfIV 011x.-`-.0 E.1,4_.61 -E% �1n E STA1t D 0112 - 5255..00 INV IN - 6250 i6 AI -E% 1{.H A2 STA' 4- 82.12 91121 625'.50 64V'14'4L"6350.71 A3-52 250.61 52-51 INV DU1 - 6.00 251 41 01-53 6251.31 A3 -A2 62304 62510 62369 L 4231 6 6256 6 62524 62 ko 011714118646.6799 F1Y a 6.7°1071 INV IN - 6244.69 03- 2 INV OUT . 6244.79 0'-01 5253 2 6233 6 4753 6 6751.0 H1 0yb TY 4+- 6253.55 110V IN - 6246.512 04-03 INV DU1 - 62440 03-02 -4 xi) MATCH LINE SHEET 13 • =MI TWOS 3IHdY D nn 0 m 7 r i 11001 HELLER CARFIELD CDUNTV, EatDRA0D ST. ANWAR FRA PROPOSED UTLfES AND SANITARY SEWER PLAN Arc PADRE OES LAH ND 0 0R. [PT CK. 0RC DATE 1-16-00 FILE: PPS01 RI 'JI51DN. \SOSKPROJ\89\89074-08WWG\Mu-01.dwg Tue ,;an 25 15109:59 2000 March 6, 2000 Kit Lyon Garfield County Planning Department 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 Via Fax: 945-7785 Re: St. Finnbar Subdivision — Lift Flow Calculations HCE Project No. 89074.09 Dear Kit: This letter is to respond to your question about the sewage flow calculations for the proposed lift station on the above -referenced project. High Country Engineering, Inc.'s (HCE) calculations had inadvertently excluded the 10 allowable ADU's on the project. The additional 10 units will increase the daily peak flow from 23 GPM to 38 GPM. However, the lift station is designed to flow at 80 GPM, which is still double the peak flow. The flow of the lift station was mandated by the minimum velocity of 2 FPS in the outfall line; therefore the additional units will not affect the design of the lift station. If you have any questions or I can be of further assistance, please do not hesitate to call. Sincerely, HIGH COUNTRY ENGINEERING, INC. I. e D. Hope, P.E. incipal Engineer .1DH/blf cc: Ron Liston RECEIVED MAP 0 t 2000 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925.0547 March 21, 2000 Kit Lyon Garfield County Planning Department 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 Re: St. Finnbar Farm Subdivision Lift Station Application HCE Project No. 89074.08 Dear Kit: • MEWED AR 2 2 MO This letter is to clarify the Location of the lift station with regards to the flood plain. The original location of the lift station was within the floodplain. The location was changed, however, to be farther away from the building envelopes. As a result, the lift station was removed from the floodplain. The revised location was what was shown on the plans submitted to the County on the state site application. The application has been revised to indicate the lift station is riot located within the floodplain. If you have any questions or comments, please feel free to contact me. Sincerely, High Co,ntry Engineering, Inc. Charlie R. Berger Design Engineer 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 Project Engineer 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 •fax 303 925-0547 11'..-.:1;3Y1.1,) rim z atm 111, Project ST,. CI 4011.4k -r4 Job No. Qck--;A-•-k. ByC'€- Date Ck'd by Page Subject LIc-r STsyrkvi Date of 1, LoTS 3. Peusco3/ tto.,35‘ lc, Piv so ).4c s . .-ctS01-1 LillY) 171: 6(71 S efts reicr 4,1) 1 Pe40315 s-kl6 cxerqt,41 1.161z) (.714.1) FOr-CVbUrikulc-v. (ID tei.A.,74,0,4 'Pock SEW 4‘.0 'PL.* ( V E. to vz-Trt AOT c. 9 0, frite • ) Sb (-Pin -gucze+31:-.-v reel, ket leo .s1 GA -LA -11.1J KZ.R 11)N.) kik ri•- 1- 2c,1110 , Z-0 L-111‘ t-C2u ta El) L. 1Lc> tb 2 s 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • Fax: (970) 945-2555