HomeMy WebLinkAbout1.0 ApplicationSPRING VALLEY SANITATION DISTRICT
AMENDED SERVICE PLAN
FEBRUARY, 1999
Spring Valley Sanitation District
2929 County Road 114
Glenwood Springs, CO 81601
(970) 945-6399
Prepared By:
Leavenworth & Tester, P.C.
1011 Grand Avenue •
P.O. Box 2030
Glenwood Springs, CO 81601
(970) 945-2261
TABLE OF CONTENTS
I. Introduction
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1
II. Description of Proposed Services 6
A. Existing Services
B. Current District Obligations
C. Need for Amended Service Plan
III. District Boundaries and Compliance with Garfield County Master Plan
6
6
7
9
A. Existing District Boundaries and Service Area 9
B. Expanded District Service Area 9
C. Compliance With Garfield County Master Plan 10
N. General Description of Facilities to be Constructed 13
A. Existing System 13
B. Proposed Wastewater Treatment Plant 13
C. Proposed Lift Stations and Forced Mains 15
D. Proposed Interceptor Sewer 15
E. Estimated Cost of Facility, Operation and Maintenance 16
V. Design and Construction Standards 17
VI. Proposed and Existing Agreements 18
A. Existing Site Agreements 18
B. Existing Service Agreements 19
C. Expansion Agreements 20
VII. Financial Plan 21
A. Introduction 21
B. Capital Funding 21
VIII. Compliance with Statutory Criteria 24
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I -A.
Spring Valley Sanitation District
Amended Service Plan
Exhibits
Order and Decree Creating District, In the Organization of the Spring
Valley Sanitation District, Civil Action No. 79CV223, Garfield County
District Court, dated January 2, 1980.
II -A. Service Plan for the Formation of the Spring Valley Sanitation District,
dated July 1979, prepared by Wright -McLaughlin Engineers.
III -A. Spring Valley Sanitation District Existing Boundary and Service Area.
III -B. Spring Valley Sanitation District Expanded Service Area.
IV -A. Spring Valley Sanitation District Existing Wastewater Treatment Plant
Facilities.
IV -B. Spring Valley Sanitation District Lift Stations and Interceptor Sewer
Lines.
VI -A. Lease and Agreement, dated February 26, 1980, between Colorado
Mountain Junior College District and Spring Valley Sanitation District.
VI -B. Spring Valley Sanitation District Wastewater Treatment Facility Site
Application Approvals.
VI -C. Agreement, dated October 31, 1988, between Spring Valley Sanitation
District and Pat E. Dowdy and Patsy J. Dowdy.
VII -A. 1999 Budget, Spring Valley Sanitation District.
VII -B. Funding Letter Agreements from Aspen Springs Ranch, Inc., Berkeley
Family Limited Partnership, Colorado Mountain College, and Los
Amigos Ranch Partnership.
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I. INTRODUCTION
Pursuant to the requirements of the Colorado Special District Control Act (C.R.S. §32-1-
101, et seg.), this Amended Service Plan is submitted to the Garfield County Board of
Commissioners ("Garfield County") for review. This Amended Service Plan provides the terms
and conditions of the proposed Spring Valley Sanitation District ("District") upgrade and
expansion of its wastewater treatment facilities in Spring Valley, including the District's plans
for development of a new tertiary treatment facility. This Amended Service Plan outlines the
District's proposed methods for wastewater collection, construction and operation of treatment
and discharge facilities, a description of property proposed to be within the District's service
area, and a financial analysis of the District's Amended Service Plan.
Recognizing the need for wastewater treatment service for then -existing and future users
in Spring Valley, and the inadequacy of service absent formation of the Spring Valley Sanitation
District, Garfield County approved the Service Plan for the Spring Valley Sanitation District by
resolution dated October 1, 1979. The District was organised and created shortly thereafter by
an Order and Decree of the District Court, Garfield County, in Civil Action No. 79CV223 dated
January 2, 1980, a copy of which is attached hereto as Exhibit I -A. The District currently
provides wastewater collection and treatment services within the current District boundaries, an
area encompassing approximately 350 acres located in the Los Amigos Ranch Planned Unit
Development ("PUD"). As discussed more fully below, the District further provides wastewater
collection and treatment services to contract users within the District's service area, contiguous
to and outside the District's boundaries.
Garfield County also approved a service plan for the proposed Landis Sanitation District
in the early 1980's, but formation of the Landis District was never finalized in the District
Court. The Spring Valley Sanitation District has remained the sole provider of central sewer
service in Spring Valley for nearly twenty (20) years. This Amended Service Plan will provide
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wastewater treatment services to the property within the proposed Landis District and other
properties in Spring Valley, thereby conforming with the State of Colorado's identified goal of
wastewater treatment facility consolidation (See, C.R.S. § 25-8-702(2)(c)).
In order to provide wastewater treatment service to District and contract users, the
District presently operates an aerated lagoon secondary wastewater treatment facility located on
land owned by the Colorado Mountain College in Spring Valley. The District discharges
effluent at the plant site through an exfiltration pond. The plant was constructed in the late
1960's and has provided uninterrupted service since that time. The existing facility received its
current site approval in 1979 by the State of Colorado under Site Application No. 3278. The
District received further site approval for construction of a lift station on the Colorado Mountain
College campus in February, 1992, and for construction of a percolation pond in May, 1994.
Upon the State's determination that secondary wastewater treatment facilities would now require
a discharge permit, the District submitted a discharge permit application in 1998 to the Colorado
Department of Public Health and Environment ("CDPHE"), and the application is currently
under review by the CDPHE.
In 1996, the District examined the feasibility of secondary treatment expansion to satisfy
its existing obligation to provide wastewater treatment service to users within the District's
service area. The District applied for and received site approval in 1997 for the secondary
treatment expansion. However, upon the recommendation of its engineers, the District
determined that secondary treatment expansion to serve customers within the existing service
area would not consistently meet certain parameters of existing and anticipated future state
discharge permit standards. The District determined that an upgrade to its existing facilities is
required to provide increased treatment through tertiary technology. Based upon the likely
inability to secure future discharge permits for its secondary treatment expansion, the District
allowed its 1997 site application to expire. The District has determined it can best provide
reliable service to customers in its service area and maximize protection of the environment by
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providing tertiary level wastewater treatment. The District's determination is reinforced by the
CDPHE's public statements that aerated lagoon systems, like the District's existing secondary
wastewater treatment facilities, are viewed as obsolete in the Roaring Fork Valley and the
likelihood that the District will be subject to more stringent discharge standards in the future.
In addition to its desire to serve customers within its existing service area by constructing
a tertiary treatment facility, the District seeks to initiate a facility upgrade and expansion to
provide regional wastewater treatment service to new users in the Spring Valley Areal. A group
of existing and future users of the District's wastewater treatment facilities has approached the
District to request expansion of the existing plant and associated infrastructure to provide
expanded service in the Spring Valley Area. The District is obligated to serve users within the
District service area requesting additional service, and the District desires to establish regional
service by accommodating service requests by other landowners in the Spring Valley Area. The
existing and future users requesting additional treatment capacity agree that the District must
construct facilities which will meet present and anticipated future discharge limitations imposed
by federal, state, and local authorities.
To accommodate the needs of existing and future users of the District's wastewater
treatment service, the District submits this Amended Service Plan to provide regional wastewater
treatment service to the Spring Valley Area. The Amended Service Plan will provide a
mechanism by which the District may work with the Spring Valley community to provide
comprehensive, high-level wastewater treatment on a regional basis, while allowing the
community to realize financial savings resulting from economies of scale associated with a
regional plant. The Amended Service Plan contemplates comprehensive service to the Spring
Valley Area in order to avoid the undesirable proliferation of smaller wastewater treatment
facilities.
1 The term Spring Valley Area is used synonymously with the Expanded Service Area as defined in
paragraph III.B., below.
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This Amended Service Plan should be approved by the Garfield County Board of
Commissioners because it includes all necessary criteria and demonstrates by satisfactory
evidence the following requirements of C.R.S. §32-1-203:
1. There is sufficient existing and projected need for expanded wastewater treatment
service in the areas to be included for service by the District;
2. The wastewater treatment service in the Spring Valley Area to be served by the
proposed District expansion is either non-existent or inadequate for present and
projected needs;
3. The expanded District is capable of providing economical and sufficient
wastewater treatment service to the area within its proposed service area;
4. The area to be included in the expanded District has, or will have, the financial
ability to discharge any proposed indebtedness on a reasonable basis;
5. Adequate wastewater treatment service is not, or will not be, available to the
Spring Valley Area through the county, other existing municipal or quasi-
municipal corporations, including other existing special districts, within a
reasonable time and on a comparable basis;
6. The wastewater treatment facility and service standards of the proposed expanded
District are compatible with the facility and service standards of Garfield County;
7. The District's expansion proposal is in compliance with the 1995 Garfield County
Comprehensive Plan for Study Area One ("Comprehensive Plan"), which
encompasses the Spring Valley Area;
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8. The District's expansion proposal is in compliance with any duly adopted county,
regional, or state long-range water quality management plan for the Spring Valley
Area; and
9. The District expansion is in the best interests of the area proposed to be served.
The Amended Service Plan is a result of cooperation among the District, owners of
property inside and outside the District's current boundaries and service area, and existing users
of the District's facilities. These parties have undertaken substantial efforts to provide for the
design and construction of the proposed tertiary treatment plant, the preparation of the required
documents to obtain the necessary approvals, the funding of the construction of the new plant,
and the funding of the District's work on these efforts. This type of broadly based cooperation
should be encouraged by Garfield County and serve as a model for other areas.
Accordingly, this Amended Service Plan includes a description of the proposed tertiary
level treatment facility and associated services proposed by the District; a description of the
expanded District service area; a demonstration of compliance with the Comprehensive Plan;
an estimate of population within the expanded District service area; a summary of existing and
proposed agreements between the District and existing and future users of District services; and
a plan describing financing of facility expansion and use of the proposed District facilities.
Upon approval of this Amended Service Plan by Garfield County, it shall supersede all
provisions of the District's existing Service Plan dated July, 1979.
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II. DESCRIPTION OF PROPOSED SERVICES
Existing Services
The District's existing wastewater treatment facility provides service to District users and
contract users up to its approved capacity of 52,000 gallons per day ("gpd"). Such service is
provided to existing single family lot owners within the District boundaries located in the Los
Amigos Ranch PUD, and to the following contract users within the District service area: (1)
Colorado Mountain College, (2) the Auburn Ridge Apartments, and (3) the Pinon Pines
Apartments. The District operates a complete wastewater treatment system, including but not
limited to the existing treatment plant structures, collection sewer mains and laterals,
transmission lines, sludge handling and disposal facilities, aerated treatment lagoons, and all
additional facilities, property and appurtenant easements.
B. Current District Obligations
The District presently possesses sufficient capacity to provide service to existing users
receiving wastewater treatment service up to 189.5 equivalent residential units (EQR) as defined
in the existing District Service Plan, attached hereto as Exhibit II -A; however, the District's
ability to provide long-term treatment to such users absent a facility upgrade to tertiary level
treatment is unlikely. The District also has an obligation to provide wastewater treatment
service needs to landowners within its service area. The District has received requests for
additional service from the Colorado Mountain College, Los Amigos Ranch Partnership, and
Hayden Rader ("Rader"), each of whom is a landowner within the existing service area. The
landowners' requests for additional service is as follows: (1) the Colorado Mountain College
requires District service for its dorm facilities on the Spring Valley campus; (2) Los Amigos
Ranch requires District service for its approved PUD; and (3) Rader requires District service
for his multi -family residential units approved by the County and adjacent to the Auburn Ridge
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Apartments. The District cannot fulfill its obligation to provide service for these requests absent
an upgrade to tertiary treatment and construction of a larger facility. The District's proposed
regional wastewater treatment facility will provide existing District and contract users with
service sufficient for each party's anticipated needs.
Aspen Springs Ranch, Inc., Berkeley Family Limited Partnership, and Los Amigos
Ranch Partnership have requested wastewater treatment service from the District for proposed
development outside the existing District service area for the Spring Valley Ranch PUD, Lake
Springs Ranch PUD, Los Amigos Ranch PUD, and the Kendall Ranch, respectively. Although
the District has no legal obligation to provide wastewater treatment service to users outside its
service area, as the sole provider of such service in Spring Valley, the District has determined
it is appropriate to expand its obligations by providing regional wastewater treatment service to
all parties requesting such service in the Spring Valley Area. By providing service to Spring
Valley Ranch PUD, Lake Springs Ranch PUD, Los Amigos Ranch PUD and the Kendall Ranch,
the District will service all reasonably foreseeable development in the Spring Valley Area, and
thus become the regional provider of wastewater treatment service.
C. Need for Amended Service Plan
The District seeks to amend its 1979 Service Plan in order to expand its services and to
upgrade its existing facility to provide tertiary level wastewater treatment to the Spring Valley
Area. This Amended Service Plan contemplates proposed changes in six major areas: (1) the
upgraded level of wastewater treatment to be provided at such facility; (2) the increased capacity
of the proposed regional wastewater treatment facility to accommodate existing and future
regional needs; (3) the expanded District service area; (4) the inclusion of additional property
owners within the District service area; (5) the provision of other wastewater management,
monitoring, and oversight services within the District's service area as it deems appropriate; and
(6) the funding of the District's facility upgrades and expansion by parties requesting new or
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additional wastewater treatment service and users currently receiving District service. Although
the discussion of proposed changes identifies the six major areas subject to change at the present
time, the District preserves its right in the future to invoke other such necessary powers as
appropriate for wastewater special districts.
Upon approval by Garfield County and the CDPHE, the District will provide
comprehensive wastewater treatment service to the Spring Valley Area. As presently
envisioned, the District's new tertiary wastewater treatment facility, which could be built in
phases, will treat up to 550,000 gpd; however, the District would, if necessary, implement
expansions to provide the appropriate facilities required for regional service.
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III. DISTRICT BOUNDARIES AND COMPLIANCE WITH GARFIELD COUNTY
COMPREHENSIVE PLAN.
A. Existing District Boundaries and Service Area
The existing District boundaries are depicted in Exhibit III -A. The District's existing
boundaries include a portion of property contained within the Los Amigos Ranch PUD, totaling
approximately 350 acres.
The District's existing service area, also depicted in Exhibit III -A, contains additional
property encompassing a total of approximately 1500 acres. The additional acreage within the
District service area includes the Auburn Ridge Apartments, the Colorado Mountain College,
the Rader property, the Los Amigos Ranch PUD, and the Pinon Pines Apartments.
B. Expanded District Service Area
The proposed expanded District service area ("Expanded Service Area") is depicted in
Exhibit III -B, which includes a total of approximately 12,500 acres. The District anticipates that
properties within the Expanded Service Area will be included within the District's boundaries
prior to the extension of wastewater treatment service. The District service area shall include
all or a portion of the following properties: (1) the Spring Valley Ranch PUD; (2) the Auburn
Ridge Apartments; (3) Colorado Mountain College; (4) the Rader property; (5) the Kendall
Ranch; (6) the Lake Springs Ranch PUD; (7) the Los Amigos Ranch PUD; (8) the Pinon Pines
Apartments; (9) approximately 1,400 acres to the east of the Lake Springs Ranch PUD currently
owned by James Nieslanik; and (10) private inholdings north of the Los Amigos Ranch property.
By establishing an Expanded Service Area, the District will provide comprehensive
wastewater treatment service to those areas of Spring Valley which may reasonably require
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District service in the foreseeable future. The District will conform with the CDPHE's policy
of wastewater treatment facility consolidation, and the Expanded Service Area will establish the
District as the regional provider for the Spring Valley Area.
The creation of the Expanded Service Area will allow the District to provide adequate
wastewater treatment service to areas in Spring Valley which would not otherwise be able to
receive such service. The Expanded Service .Area is not, nor is it proposed to be, served by
Garfield County, any municipality, or by any C.R.S. Title 32 special district.
C. Compliance with Garfield County Comprehensive Plan
The District's proposed wastewater treatment facility upgrade and expansion will provide
service levels which comply with the 1995 Garfield County Comprehensive Plan for Study Area
One ("Comprehensive Plan"). The total EQRs served by the District under its existing service
plan is 189.5, and initially the District anticipates additional service in the following amounts:
(1) an additional 218 EQRs for properties located in the District's existing service area; (2) an
additional 1013 EQRs for properties located in the District's Expanded Service Area; and (3)
an additional 150 unallocated EQRs for properties located in the District's Expanded Service
•Area which do not presently anticipate development. For this purpose, the District will
construct plant capacity of approximately 550,000 gpd.
The following Table I identifies acreage, EQR allocations, and population equivalents
of properties within the District's Expanded Service Area. Table I includes such figures for
(1) existing District users; (2) additional approved uses within the District's existing service
area; and (3) and requests for service within the District's Expanded Service Area. Table I
provides calculations based upon this Amended Service Plan's development densities and EQR
calculations, and alternatively, based upon densities approved under the Comprehensive Plan,
resulting in 1,500,000 gpd ultimate plant capacity if this level of development is ever realized.
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1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
SPRING VALLEY SANITATION DISTRICT
ACREAGE, EQRs and POPULATION EQUNALENTSµ(PES . ,.
ANTICIPATED
DENSITY
GARFIELD COUNTY
COMPREHENSIVE PLAN
APPROVED DENSITY
PROPERTY
DESIGNATION
ACREAGE
EQR
PE(2)
EQR
PE(2)
A. Existing District Users(6)
• Los Amigos Ranch PUD
• CMC
• Auburn Ridge
• Pinon Pines
---
--
---
49
51
29.5
a0
172
179
103
210
49
51
29.5
60
172
179
103
210
Subtotal
_
350
189.5
664
.
189.5
664
B. Approved Uses Within
Existing District Service Area
• Los Amigos Ranch PUD
• CMC
• Rader Multi Parcel
--
---
115
61(3)
42(7)
403
214
147
115(4)
61(3)
442
403
214
147
-family
Subtotal
_
1437
218
764
218
764
C. Requests - Expanded District
Service Area
• Los Amigos Ranch PUD
• Spring Valley Ranch PUD
• Lake Springs Ranch PUD
• Kendall Ranch
1084
5909
441
670
155
646
112
543
2261
392
350
155(4)
275014)
195141
.112(5)
543
9625
683
322
Subtotal _
8104
_1QQ_
1013
3546
3212
11,243
D. Unallocated - Expanded
District Service Area
2622
150
525
437(3)
1530
Totals
12,513
1571
5499
4057
14,201
NOTES:
1. Assumption for Amended Service Plan is that one (1) dwelling unit equates to one (1) EQR.
2. One (1) unit equates to 3.5 Population Equivalent (PE).
3. Assumed that CMC Anticipated Density and Approved Density is identical.
4. Approved PUD density.
5. Garfield County Comprehensive Density of 6 acres/dwelling unit.
6. Category A is based upon actual, existing users.
7. Represents density requested by owner.
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The District's Expanded Service Area will include properties reflecting mixed use,
including single family residential (owner -occupied and second home), multi -family residential,
educational, second homeowner residential, and commercial development. Table I, above,
reflects the District's determination that the reasonably foreseeable build -out of the Expanded
Service Area will entail population densities significantly lower that those currently approved
under the Comprehensive Plan. District compliance with the Comprehensive Plan is achieved
by constructing new facilities to serve property developed at densities lower than that permitted
in the Comprehensive Plan; however, the District reco • nines it is committed to provide
wastewater treatment service to all users within the Expanded Service Area requesting such
service. Therefore, if necessary, the District will construct additional facilities in phases
sufficient to provide such service up to the development density limitations identified in the
Comprehensive Plan.
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IV. GENERAL DESCRIPTION OF FACILITIES TO BE CONSTRUCTED.
A. Existing System
The District's existing wastewater treatment plant is located on land owned by Colorado
Mountain College, to the south of the College's Spring Valley campus. The District has
obtained a long term lease from Colorado Mountain College for the existing plant site which
includes an option for the District to lease additional adjacent property. A more detailed
discussion of the plant site lease is contained in Chapter VLA., below.
A depiction of the existing facilities is included in Exhibit IV -A, attached hereto. The
existing treatment plant contains three (3) ponds, including an aerated lagoon cell, a non-aerated
settling cell, and a percolation pond. Influent is measured by a Parshall flume located near the
inlet to the aerated lagoon cell. The existing plant has an approved flow capacity of 52,000 gpd
under the approved site application. The treatrnent process is classified as a facultative aerated
lagoon with discharge by percolation or exfiltration through the percolation pond. Influent
reaches the existing treatment plant by gravity flow collection lines and sewer mains from the
Los Amigos Ranch, Colorado Mountain College, Pinon Pines, and Auburn Ridge properties.
B. Proposed Wastewater Treatment Plant
The District intends to construct a single wastewater treatment plant located at the
existing District facility site. As part of a comprehensive analysis of treatment options, the
District considered the following: (1) a single plant located either at the existing facility site or
at a location on the southern portion of the Spring Valley Ranch PUD property; (2) a two -plant
alternative with smaller plants at each of the proposed sites; and (3) treatment service from the
closest existing provider of wastewater treatment, the Roaring Fork Water and Sanitation
District. The District determined that a single plant located on the existing site provides
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economical service to existing and proposed users with minimal community, visual, and
environmental impacts and a likelihood of public acceptance. The District elected not to pursue
inclusion within the Roaring Fork Water and Sanitation District ("RFWSD") due to prohibitive
costs, RFWSD's inability and unwillingness to serve the Spring Valley Area, and to promote
the potential for treated water re -use in the Spring Valley area.
The new plant will be constructed with an approximate capacity of 550,000 gpd, and will
meet increased discharge standards through a tertiary mechanical plant process replacing the
existing secondary treatment lagoon facility. The existing District site is large enough to
preserve the existing plant for operations during construction of the new tertiary treatment
facility. The District has elected to construct the tertiary plant on the present site due to its
relative isolation from existing and proposed development, and to minimize construction costs.
The District anticipates the selected location will meet with general public acceptance due to its
secluded nature, its current use for wastewater treatment, and the overall goal that construction
of the upgraded facilities will improve water quality treatment with the resulting benefits to the
region.
The proposed wastewater treatment plant will provide increased tertiary level treatment
for ammonia, chlorine, and fecal coliform. The new tertiary facility will incorporate additional
processes, including flow measurement, screening and/or grit removal, secondary clarification,
aerobic digesters, and sludge handling facilities. The new facility will comply with stringent
fecal coliform count and chlorine limitations by utilizing ultraviolet technology disinfection
processes. Following treatment at the tertiary facility, the treated effluent will be directed to a
clearwell or to one of the three existing treatment facility ponds for storage or infiltration, and
pumped back to Spring Valley for effluent discharge or re -use. A discussion of influent and
effluent components of the new facility are discussed in subsequent sections of this section IV.
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C. Proposed Lift Stations and Forced Mains
The proposed tertiary treatment plant will utilize two (2) collection lift stations and a
pump station to deliver treated effluent from the plant site to irrigation reservoirs or surface
water discharge points in Spring Valley, which discharges to the Landis Creek Drainage Basin.
The District will construct a collection lift station in Spring Valley to serve Spring
Valley Ranch PUD, Lake Springs Ranch PUD, and other properties unable to utilize gravity
flow to the new plant. The District will also construct a collection lift station on the southwest
portion of the Los Amigos Ranch property, more commonly known as the "Lower Bench". The
District will deliver the wastewater from the Valley and Lower Bench lift stations to the plant
site by forced main. The approximate location of the Valley and Lower Bench lift stations is
identified in Exhibit IV -B, attached hereto.
The District will construct an effluent pump station as part of the tertiary treatment
facility, which will pump treai:ed effluent along the same course of infrastructure from the Valley
lift station to the plant site. The effluent pump station will have capacity to pump the entire
treated capacity of the 550,000 gpd facility. Treated effluent may be used for irrigation in
Spring Valley, thus reducing demand on the Spring Valley aquifer and providing beneficial
water quantity impacts.
D. Proposed Interceptor Sewer
The new wastewater treatment plant will utilize existing and additional interceptor sewers
to serve existing District customers and additional properties described herein. The new facility
will utilize the two forced mains and lift stations as the interceptor sewers for the Spring Valley
Ranch PUD, the Lake Springs Ranch PUD, the Los Amigos Ranch Lower Bench, and the
Kendall Ranch. The District's engineer may also design an additional gravity interceptor sewer
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to serve a portion of Spring Valley Ranch PUD, Lake Springs Ranch PUD, and Kendall Ranch.
A general depiction of the District's proposed interceptor sewer is provided in Exhibit IV -B,
attached hereto.
E. Estimated Coat of Facility, Operation, and Maintenance
The estimated capital cost of the new tertiary facility, and an estimate of operation and
maintenance cost calculated as a present worth value for a twenty (20) year period, is estimated
to be $6,900,000. The present worth analysis includes $5,100,000 for capital construction costs
of the tertiary treatment facility and all associated infrastructure, and $1,800,000 for a twenty
(20) year operations and maintenance cost.
The District will receive capital cost contributions from owners of several properties to
be included within the District service area to fund construction of the plant and related
infrastructure. The District is also considering as a funding option the securing of credit -
enhanced revenue bonds or a low-interest revenue -based loan from the Colorado Water
Resources and Power Development Authority. Upon completion of the new facility, the District
shall impose tap fees and service charges on District users to recover the costs of capital
construction and to provide annual operation and maintenance of the facility. The details of the
capital contributions and annual District revenues are contained in the section VII. Financial
Plan, below.
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V. DESIGN AND CONSTRUCTION STANDARDS
The District's tertiary wastewater treatment facility and related infrastructure will be
designed, constructed, and maintained in accordance with standards and specifications set forth
in the District's Rules and Regulations. The District currently operates under the 1979 Service
Plan, and is adopting Rules and Regulations for purposes of its plant expansion and future
operations. The Rules and Regulations will include technical specifications and procedures
required by the District for interceptors and collection lines. The District shall design and
construct the tertiary treatment facilities in accordance with plans and specifications approved
by CDPHE as required by state statute and all other applicable state and local laws.
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VI. PROPOSED AND EXISTING AGREEMENTS
A. Existing Site Agreements
As identified above, the District's existing wastewater treatment plant is located on land
owned by the Colorado Mountain College. The District and the Colorado Mountain College
entered into a Lease Agreement dated February 26, 1980, whereby Colorado Mountain College
leased the existing plant site property to the District for operation of a sewage treatment facility.
The District and the Colorado Mountain College are in the process of amending the Lease
Agreement to delete service issues no longer relevant to the parties. A copy of the Lease
Agreement is attached hereto as Exhibit VI -A.
The fifty (50) year Lease Agreement expires on February 26, 2030, and the District has
a unilateral option for an addii:ional term of fifty (50) years. The Lease Agreement encompasses
a total of 9.85 acres for operation of the treatment plant and associated facilities. Although the
Lease provides for the right to lease additional lands up to a maximum of twenty-five (25) acres
in the same general location, the District's Engineer believes that the existing lease site is
adequate for construction of the new facility.
The existing wastewater treatment facility operates under three (3) original and amended
site applications, attached hereto as Exhibit VI -B, approved by the State of Colorado and
summarized as follows:
1. Site Application No. 3278, dated July 11, 1979, is the initial site
Application for the existing site. No. 3278 authorized installation of
aeratio a equipment in the first pond.
F:\1999\ Documents\SVSD-Service Plan Amendment-Final.wpd
February 5, 1999
-18-
2. Site Application No. 4015, dated February 6, 1992, was approved by the
State for construction of a lift station on the Colorado Mountain College
campus.
3. Amended Site Application No. 3278, dated May 11, 1994, was approved
by the State to permit construction of the site's third cell, an existing
percolation pond.
The District also received approval for a site application for secondary treatment
expansion under Site Application No. 4300, dated February 26, 1997. The District elected not
to pursue expansion under Site Application No. 4300 due to its determination that the expansion
would not meet state discharge standards. Site approval under No. 4300 expired in 1998.
B. Existing Service Agreements
The District provides wastewater treatment service to Colorado Mountain College by
contract pursuant to a Sewage Treatment Services Agreement dated July 2, 1979, a copy of
which is included in the District's Service Plan attached hereto as Exhibit II -A. Under the Lease
Agreement between Colorado Mountain College and the District identified in paragraph VI.A.
above, the District assumed service obligations under the Sewage Treatment Services
Agreement. The Sewage Treatment Service Agreement provides operating parameters for
service to Colorado Mountain College, Los Amigos Ranch PUD lot owners, and Pinon Pines
Apartments. Under the terms and conditions of the Sewage Treatment Service Agreement,
Pinon Pines' (formerly Pinon Alps) wastewater treatment demand is a component of the
Colorado Mountain College's demand.
Sewage treatment service is provided to Auburn Ridge. Apartments pursuant to an
agreement between the District and Pat E. Dowdy and Patsy J. Dowdy dated October 31, 1988,
a copy of which is attached hereto as Exhibit VI -C. The agreement between the District and the
F:\1999\ Documents\SVSD-Service Plan Amendment-Final.wpd
February 5, 1999
-19-
Dowdys expired on November 1, 1998; however, the District has elected to provide continued
service to Auburn Ridge Apartments on a month-to-month basis, pending efforts to include
Auburn Ridge Apartments within the District boundaries. All remaining users in the District
service area are served pursuant to applicable service agreements.
C. Expansion Agreements
Four property owners within the District's Expanded Service Area, Aspen Springs
Ranch, Inc., Berkeley Family Limited Partnership, Colorado Mountain College, and Los
Amigos Ranch Partnership, have agreed with the District to initiate expansion funding for the
District to complete the new tertiary treatment plant and related facilities. Pursuant to
agreement, the parties are providing funding to the District for engineering fees, legal fees, and
other costs associated with plant expansion planning, including preparation of a Site Application,
this Amended Service Plan, and all associated agreements and engineering studies. The Sewage
Treatment Services Agreement will be superseded by the execution of an expansion agreement
between the District and the Colorado Mountain College.
F: \ 1999\Documents \SVSD-Service Plan Amendment -Final. wpd
February 5, 1999
-20-
VII. FINANCIAL PLAN
A. Introduction
The estimated capital cost of the District tertiary treatment plant and related infrastructure
and facilities, and the estimated cost of operation and maintenance thereof is identified in
paragraph IV. E., above. Although the District anticipates receipt of approval of its Site
Application and Amended Service Plan during the 1999 calendar year, the District expects the
existing wastewater treatment facility will be on line and operational for the entire 1999 calendar
year. The 1999 District budget provides for plant upgrade and expansion fees and associated
capital outlays for a portion of the construction costs of the tertiary treatment plant. A copy of
the 1999 District budget is attached hereto as Exhibit VII -A. As indicated in the District's 1999
budget, the current certified total assessed valuation of the District is $652,580.00. This
assessed valuation is lower than expected due to the fact that the Colorado Mountain College,
Auburn Ridge Apartments, and Pinon Pines Apartments are not within the District boundaries.
The District has set the 1999 mill levy at 2.61 mills, which will generate a total mill levy
revenue of $1,704.00 from existing properties located within the District boundaries. As
previously identified, this represents a small portion of the existing Los Amigos Ranch PUD.
B. Capital Funding
The District and several landowners desiring to utilize the District's tertiary treatment
facilities have agreed to advance and finance the costs of the tertiary plant expansion and all
associated facilities. The District, Aspen Springs Ranch, Inc., Berkeley Family Limited
Partnership, Colorado Mountain College, and Los Amigos Ranch Partnership have executed
funding letter agreements, by which the parties have agreed to provide capital contributions for
facility upgrade and expansion identified in this Amended Service Plan. A copy of the letter
agreement are attached hereto as Exhibit VII -B.
F:\1999\ Documents\SVSD-Service Plan Ameidment.Final.wpd
February 5. 1999
-21-
The parties' capital contributions will provide plant capacity for one hundred fifty (150)
unallocated taps in addition to existing identified sewage treatment needs. As such, the funding
entities will be providing up -front capital for completion of a regional wastewater treatment
facility capable of serving the needs of the Spring Valley Area for the reasonably foreseeable
future. The parties funding the expansion will be entitled to cost recovery for plant expansion
costs expended.
The District has undertaken a comprehensive examination of projected future wastewater
treatment needs in the Spring Valley Area and the District believes construction of the planned
excess plant capacity (i.e., 150 unallocated EQRs) will provide for regional service without
additional plant expansion. However, given the uncertain nature of land use and development
over the long term, the District will expand its facilities in the future as necessary. The cost of
any additional expansions will be paid by the owners of any properties requesting additional
wastewater treatment service.
At this time there is no District bonded indebtedness. The District does not anticipate
the issuance of any general obligation bonds for capital improvements to the District's facilities
in the foreseeable future; however, the District does have the ability to issue such general
obligation bonds, subject to provisions of the Special District Act and Article X, Section 20 of
the Colorado Constitution. The issuance of such general obligation bonds would require the
affirmative vote of the District electors. Any decisions by the District to incur general obligation
bond indebtedness would be determined by the electors of the District and the District Board,
depending upon future market conditions and capital requirements.
The District is also exploring as a construction financing option the issuance of credit -
enhanced revenue bonds that would be publicly sold. The parties proposing to fund the cost of
construction would provide letters of credit or other acceptable credit enhancements that would
allow for the issuance of revenue bonds to fund the cost of construction of the expanded
F:\1999\ Documents\SVSD-Service Plan Amendment-Final.wpd
February 5, 1999
-22-
facilities. Use of credit enhancements would avoid the risk of repayment being imposed upon
the future users of the system, except through the normal process of the tap purchases. The
District is also exploring a low interest revenue loan from the Colorado Water and Power
Resources Development Authority to fund a portion of the cost of expansion. This loan would
be repaid from a reasonable surcharge on the monthly user fees.
The District will be required to fund the operation and maintenance costs of the new
wastewater treatment facility. The operation and maintenance costs include the base cost
identified in paragraph IV.E., plus additional administrative costs and variable operation and
maintenance costs. The District may utilize any or all of the following revenue sources to meet
operational and maintenance costs: (1) monthly user service fees; (2) reasonable mill levy
assessments; (3) tap fee proceeds designated for operational expenditures, including a reserve
and replacement fund to be collected by the District upon the sale of each tap; and (4) an
operational surcharge whereby parties financing the District's facility upgrade and expansion will
fund any shortfall the District experiences for operation and maintenance of the plant prior to
efficient operational capacity.
The District will maintain its present financial viability by the methods and procedures
identified above. In addition, the District maintains present and future authority under Title 32,
Colorado Revised Statutes, to assess fees, rates, tolls, penalties, and other charges to supplement
revenues necessary for operation and maintenance of the District's facilities.
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February 5, 1999
-23-
VIII. COMPLIANCE WITH STATUTORY CRITERIA
The District submits that this Amended Service Plan meets all requirements for approval
and acceptance by the County pursuant to C.R.S. §32-1-101, et Sec . The information contained
in this Amended Service Plan provides a basis for the Garfield County Board of Commissioners
to conclude the District's Amended Service Plan will satisfy its intention to provide regional
wastewater treatment to the Spring Valley Area.
The District's upgraded and expanded wastewater treatment facility will provide an
increased level of treatment for existing and future needs in the Spring Valley Area. All
reasonably forseeable users of the District's wastewater treatment service will be included in the
District's Expanded Service Area, and all will receive increased tertiary level treatment from
the new plant. The existing plant would not provide adequate long-term treatment for its
existing customers. Therefore, the existing District facility needs to be upgraded and expanded
to serve its present service area. The existing level of wastewater treatment capacity in Spring
Valley is clearly inadequate to serve existing and future needs in the area, and the District's new
facility will meet the identified regional needs.
The District's proposed regional facility will provide economical wastewater treatment
service to the Spring Valley Area, and the users will benefit from economies of scale associated
with construction of a regional facility. Given the unique location and topography of Spring
Valley, no adequate wastewater treatment service exists other than that provided by the District.
The closest service provider, the Roaring Fork Water and Sanitation District, is unable and
unwilling to provide wastewater treatment service to the Spring Valley Area, and does not
possess adequate property to expand its facilities to serve the Spring Valley Area. In addition,
the cost associated with transportation of wastewater from Spring Valley to the Aspen Glen plant
site is prohibitive.
F:\1999\ Documents\SVSD-Service Plan Amendment-Final.wpd
February 5. 1999
-24-
By construction of an upgraded and expanded tertiary facility financed or guaranteed by
Aspen Springs Ranch, Inc., Berkeley Family Limited Partnership, Colorado Mountain College,
and Los Amigos Ranch Partnership, the District will provide wastewater treatment service to
the entire Spring Valley Area. The District will utilize service charges, mill levies, tap fee
surcharges and an operational surcharge to new users within the Expanded Service Area to allow
for operation and maintenance of the new facilities.
Finally, the District maintains the flexibility to construct an upgraded, expanded facility
which will service the regional needs of the Spring Valley Area, up to that level allowed under
the Garfield County Comprehensive Plan. Although the District's proposed 550,000 gpd
wastewater treatment plant will service the reasonably foreseeable needs of the Spring Valley
Area at a level much lower than that contemplated by the Comprehensive Plan, the District is
committed to construct new facilities, as necessary, to provide further expanded service.
Therefore, the District respectfully requests that the Board of County Commissioners of
Garfield County, Colorado, which has jurisdiction to approve this Service Plan by virtue of
C.R.S. §32-1-203, as amended, adopt a Resolution which approves this Amended Service Plan
for the Spring Valley Sanitation District.
F:\1999\Documents\SVSD-Service Plan Amendment-Final.wpd
February 5, 1999
-25-
I -A.
Spring Valley Sanitation District
Amended Service Plan,
Exhibits
Order and Decree Creating District, In the Organization of the Spring
Valley Sanitation District, Civil Action No. 79CV223, Garfield County
District Court, dated January 2, 1980.
II -A. Service Plan for the Formation of the Spring Valley Sanitation District,
dated July 1979, prepared by Wright -McLaughlin Engineers.
-A. Spring Valley Sanitation District Existing Boundary and Service Area.
-B. Spring Valley Sanitation District Expanded Service Area.
IV -A. Spring Valley Sanitation District Existing Wastewater Treatment Plant
Facilities.
IV -B. Spring Valley Sanitation District Lift Stations and Interceptor Sewer
Lines.
VI -A. Lease and Agreement, dated February 26, 1980, between Colorado
Mountain Junior College District and Spring Valley Sanitation District.
VI -B. Spring Valley Sanitation District Wastewater Treatment Facility Site
Application Approvals.
VI -C. Agreement, dated October 31, 1988, between Spring Valley Sanitation
District and Pat E. Dowdy and Patsy J. Dowdy.
VII -A. 1999 Budget, Spring Valley Sanitation District.
VII -B. Funding Letter Agreements from Aspen Springs Ranch, Inc., Berkeley
Family Limited Partnership, Colorado Mountain College, and Los
Amigos Ranch Partnership.
F:\1999\Documents\SVSD-Service Plan Exhibics.wpd
recorded
3UU'At
�, .��^its
Reception, he:. Mildred Alodori, Recorder
IN THE DISTRICT COURT IN AND FOR
THE COUNTY OF GARFIELD
AND STATE OF COLORADO
Civil Action No.79CV223
,;IN RE THE ORGANIZATION OF
SPRING VALLEY SANITATION DISTRICT,) ss.
GARFIELD COUNTY, COLORADO
•
•
BOOL( 542 PAGE 76
12e c ci , I- ZP-'!O
ORDER AND DECREE
CREATING DISTRICT
THIS MATTER COMING on to be heard in open Court, and
it appearing that the election, held on the 1st day of January,
1980, at which there was submitted the matter of the organization
of Spring Valley Sanitation District, Garfield County, Colorado,
and the election of Directors for such District, was duly held at
the time and place and by the Judges of Election specified in the
Order of Court entered on the llth day of December, 1979;
And it further appearing that the required Notice of
Election was duly published in compliance with the aforementioned
Order in the Glenwood Post
a newspaper of general circulation in the proposed District, once
a week for three consecutive weeks, by three publications, in
compliance with law; that all of said ballots were cast at said
election by electors of the District who were qualified
general elections in this State and who either had been
of the proposed District for not less than thirty-two days, or who
or whose spouse own taxable real or personal property within the
proposed District, whether said person resides within the proposed
District or not. The following ballots were cast on the question'
of organization of the proposed District:
to vote at
a resident
FOR the Organization of
Spring Valley Sanitation District
AGAINST the Organization of
Spring Valley Sanitation District
- 1 -
VOTES CAST
7
0
Exhibit
I.A.
BOOK 542 PAGE 77
That the following qualified persons were duly elected
as directors of the District for the indicated terms:
NAME
James J. Monica
Philip L. Miller
Robert W. Chatmas
Dean K. Moffatt
Peter C. Rosell
TERM
Until ;the Next Regular Election
Until Ithe Next Regular Election
Until !the Second Regular Election
Until 'the Second Regular Election
Until the Second Regular Election
And it still further appearing that all of the provis-
ions of law, and more particularly all of the requirements of
Title 32, Article 4, Part 1, Colorado Revised Statutes 1973, as
amended, and Title 32, Article 1, Part 2, Colorado Revised
Statutes 1973, as amended, have been complied with, met and
performed, in the organization of the District;
And the Court being fully advised in the premises,
hereby ORDERS AND DECREES That:
The District has been duly and regularly organized and
shall be known as "Spring Valley Sanitation District", in Garfield
County, Colorado.
'The District is located in Garfield County, Colorado,
more particularly described as follows:
- 2 -
BUOK 542 PAGE 78
A parcel of lend situated in pa=t of Government Lot 4 in Section
• 8,.Township 7 :South, Range 9S West of the Sixth ?rinci?al Meri-
dian, d_an , Government Lots 4 end 6 of Section 6 in said Township and
Rance, Section 5 cc said Township and Rance, end Government Lot
7 and the SIS__ of Section 32, Township 6 South, Rance EE West
bf the Sixth Principal Meridian, and Government Lots 18 and 19
in Section 33 of said Township 6 South; Range SS West. ?11 in
i
the County c` Garfield, State of Colorado. Said parcel lying
westerly and northwesterly of the "Westerly Line" or County Road
N1rtber 114 (College Road) as describer ;in Document Number 274609
(being Rook 488, ?age 920) as on file in the Garfield County
Records; (NOTE: The bearings on said "Westerly Line" have been
rotated for t'!is description O0°12'12" right to match basis of
bearings) northeasterly, in part, of the centerline of a 30.00
foot Sanitary sewer trunk line easement. Said parcel being more
particularly described as follows:
3eginning at the Northeast Corner for said Section 8, a stone
. corner, found in place, and properly marked; thence N. 09°41' 40" •
E. 1134.05 feet to a point on said "Westerly Line" of County road
Nurlber 114, said point being also on the easterly line of said
Section 5, the True Point of 3ecinning; thence, leaving said
easterly line, S. 72"19'48" W. 613.04 feet along said "Westerly
Line"; i thence S. 64022'32" W. 392.30 feet along said "Westerly
Line"; thence S 44010'50" W. 132.65 feet along said "Westerly
Line"; thence S.. 32°19'12" W. 1473.78 feet along said "Westerly
'Line"; thence S. 15010'20" W. 144.01 _feet along said "Westerly
Line"; thence S. 03°24'30" W. 252.65 feet along said "Westerly
'lLine" to .a .point 15.00 feet southwesterly of the centerline of
said 30.00 foot sanitary sewer trunk line easement; thence,
leaving said•"Westerly Line" .along the southwesterly easement
line or said 30.00 foot easezent.whese centerline is described
as follows: thence N. 03°24'30" C. 16.49 feet along said "Wester-
ly Line' to the point of beginning; thence, N. 62°02'06" W. 76.11
feet along said centerline; thence N. 68°42°34" W. 284.75 feet
along said centerline; thence N. 28°12'44" W. 392.49 feet alone •
said centerline; thence N. 03°45'18" E. 222.69 _fest along said '
centerline; thence N. 17°45'09' W. 310.70 feet along said center-
line; thence N. 43°05'32" W. 228.37 feet alone said centerline;
thence N. 54°43'45" W. 277.91 feet alone said centerline; thence
along said centerline alone a curve to the: left, having a radius
of 356.04 feet and a central angle. of 34°12'04", a distance of
212.53 feet (chord bears N. 78°57'54" W. 209.39 feet) to the
paint of terminus of said 30.00 foot easement centerline; thence,
leaving said southwesterly easement line,•along said easement
line extended 15.0.feet; thence northerly to the northwest corner
of the intersection of Lane C and Lane 3 West as constructed and
in place; thence northwester 1 y . along the southeast richt-cf--ay
- 3 -
BOOK 542 PAGE 79
,line c` Lane C to the intersection with the centerline extended
of the sanitary sewer ..runkline Easement as recorded' and in _lace,
said easement being the easement containing the Sanitary sewer as
ccn sz:_czed and in place between Drive n and Lane C; thence 15.0
feet northwester -t' along Said southwest right-cf-way line; thence
northeasterly along the norm' -Est Easement --he of said sanitary
sewer easement!to the sora',-este.r_'v right-of-way line c-
as cc:Structec and in place; thence northwesterly along said scCtn-..
westerly right-of-way line O_ Drive :. as constructed and in -lace
tO a p`:int,. said point being the i=itersection of the southwesterly
extension. Of the northwesterly r3?ht-of way line cf Lane _ and
said southwesterly right-of-way line; thence northeasterly to the
north corner of the intersection o_ Lana E and give - ascon-
. structec and 1f: place; thence northeasterly along the northwesterly
right-of-way h line of Lane ., as constructed and in place to a point_
on the Lane . cul-de-sac, said mobil be' -ng the point of interseC-
ticn with the Lane E right-of-way centerline extended; thence
northeasterly along the west pro erzy line of lot 53 as platted
•and _n place, said lot being none particularly identified as lo_
53 of the approved Preliminary Plan for Los pz._gos Ranch Su d vi-
• sion i'c. 2 (Scheme C) , to the north property corner of lot 53;
' thence southeasterly along the northeasterly y. ropertly lines of
Said lots 53 and 55• as platted and in place tothe northeast angle
point of said lot 55 as platted and in place; thence southeasterly
• alone the easterly propertly lines of lots 55, 57 and E2 as platted
and in place to the intersection with the northerly right-of-way
line of Lane F as constructed and- in ?lace: thence easterly along
said northerly right-of-way line to the northwest corner c= the
intersection of Lane : and Lane D as constructed and in dace;
thence northerly along the, westerly richt-of-way line of Lane D
:as constructed and in place to the south property corner of lot 77
as flatted and in place, said lot being.more :articularly identi-
fied as lot 77 of said ap?roved preliminary Plan; thence north-
westerly alone the southwesterly property line of lot 77 as platted
and in place to the southwest property corner; thence northerly
.along the westerly property lines of said lot 77 and the 'rater.
storage site as platted and in place to the northwest property
corner of the water storage site as platted and in place, said
corner being on the northerly line. of said Section 5; thence S.
89°43'26" L. along said northerly line to the southwesterly corner
o= the SE :SE= of said Section 32; thence leaving said northerly
line N. 01°48'29' 2601.65 feet'alonc the westerly lines c:
said SE1/45n and Government Lot 7 of said Section 32; thence,
leaving said westerly line S. 8pG00'23" L. 139.01 feet along said
Lilt 7•bot_ dart'; thence S. 01°41'27" W. 475.48 feet along said lot
7 boundary;.thence S. 87°15'05" E. 1179.82 feet along said Lot
7 boundary; to a point on the easterly line of said Section 12:
t- nce' C , 0101 4' Ol" W. 2073.04 feet along said easterly line:to
the Southeast Cornier oC said Section 32; thence, leaving the east-
erly line a said Section 32, S. 00°04'37' W. 2685.36 feet ale--
' the. easterly 1 ►'_ Of said Section 5 to the fast Quarter Ccr-:er of
said Section 5; thence S. 00°32'12" W. 1445. 32 feet alcng the
eac--ly line of said Section 5 to the .rue Point c' =ecin.._-.c.
Alcs including all o= Government Lots 19 and 19 O' Sect_C
Tcw-s.':_p 6 South, Range 88 West of the Sixth Principal meridian.
Save a -:d e`:Ce_'- all t:,cse lands as described -'1 Document - =c'
SSE_:. -'g SCG:' 438 at Page 540), as on file in t5CCn"_
County :eccrds .,_ch lie •.-thin the above described --_real.
Excepting icz 4 c4' the d Preliminary Plan for _os
Ranch Subdi _s_on No. 2, said rot being ..,::e part c"la de-
scribed as t_ -e c.._sy_n; .: frame' and lot as patted and _..
-ace.
';C 5C0 CC:ES, re c: _esu
Vic_= tercel CC -.:a.'._. � mc
re
4 -
BOOK.. 542 PAGE 80
Said District shall be a governmental subdivision
of the State of Colorado, and a body corporate with all the
powers of a public or quasi -municipal corporation; that the
facilities, services and financial arrangements of the District
shall conform as far as practicable to the approved Service Plan
• and Resolution of Approval County Commissioners
of Board of
The approved
by Title 32, Article 1,
1973, as am9nded, previously filed
and the same are hereby incorporated
of Garfield County, Colorado.
Resolution of Approval required
Colorado Revised Statutes
the within action shall be
Service Plan and
Part 2,
in
8y
reference in and appended to this Order.
The Board of Directors shall take such steps and pro-
ceedings as the needs of the District require; and that within
• thirty (30) days after the date hereof, the Clerk of this Court
• shall transmit to the County Clerk and Recorder of Garfield
County, Colorado, and to the County Assessor of Garfield County,
true and correct copies of this Order and Decree, with the Reso-
lutio? of Approval appended hereto, for filing in their offices.
Notic of the completion of the organization of the Districtshall
be filed in duplicate and recorded with the County Clerk and
Recorder of Garfield County, and a certified duplicate copy of
- said Notice filed with the Division of Local Government of the
State of .Colorado.
Done this 4-41- day of January, 1980.
BY THE COURT:
-5-.
Judge
1
PRELIMINARY ENGINEERING REPORT
1 'f Service Plan
1
1
1
1
1
1
1
1
1
1
1
1
1
i
1
i
FOR
FORMATION OF THE
SPRING VALLEY
SANITATION DISTRICT
GARFIELD COUNTY COLORADO
WRIGHT—McLAUGHLIN ENGINEERS
DENVER COLORADO
JULY, 1979
L
Exhibit
II_A_
np 4.1.0 C. M• LAu�..*. •.
▪ 94104 ••••011 .14
rnwO C. CENG11]ON
•ws f SOVC•1•
;AM r rw I:CA•f
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f'AMI( C WMI f/1(L0
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Cll.LC A. 1111J1.1RLL
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V—IGHT-MGLAUGI LIN EN<;liv�trc'`
ENGINEERING ' ')NSULTANrq
J.7f. ...t1. 1 •.11111 t
(1t 1V9.1 1.111'.''*4'l .44. 1
. 10 1. ,1... 4. .
July 23, 1979
Mr. Robert Chatmas
c/o Dean Moffatt
Sun Designs Architects
1315 Grand Avenue
Glenwood Springs, Colorado 81601
IN 110 1111 •.rr. 1.IA1 t• 111 ( u...
Wall M •.111•/•1 • 19111 rfl•. • I...M
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4•II111M I.MAINAI.1
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010114 V4•4•11 11 .1411 9111111•114•11 • 1 •.
RE: SPRING VALLEY SANITATION DISTRICT
SERVICE PLAN
Dear Mr. Chatmas:
Transmitted herewith is the Service Plan for the Spring Valley Sanitation
District.
Formation of the Spring Valley Sanitation District is recommended so that the
developers of Los Amigos Ranch and Colorado Mountain College can cooperative-
ly develop and operate one sewage treatment system. The recommended method-
ology consists of secondary biological treatment with land treatment as the
final disposal method. This•recommended system complies with the '303e'
River Basin Plan guidelines as adopted by the State of Colorado.
The facilities have been designed in phases for -.an ultimate flow of 200,000
gpd (gallons per day). Phase I consists of adding aeration to the existing
stabilization lagoons in 1979 at the Colorado Mountain College treatment site
to service existing flows from CMC and 96 new apartment units being built..i.n
1979/1980. Phase II consists of constructing an activated sludge type secon-
dary treatment facility followed by spray •irrigation and infiltration/ -
percolation beds in :980 at a design flow of 100,000 gpd (average daily
flow). Phase III consists of expanding the treatment capacity to an ultimate
capacity of.,200,000 gpd (average daily flow) in 1983/84. Prior to design of
Phase II improvements, the ultimate population of the District should be re-
evaluated as other potential developers in the area have expressed interest
in being serviced by the District.
Capital cost estimates were prepared for the three phases based on 1979 dol -
1 ars. Ultimate capital projections were also estimated, based on the 1979
dollar estimate inflated at 8 percent per year. The estimated capital cost
in 1979 dollars by phase is:
I
eI, A34 OFFICES
A•4
N 1y..94
1'JM
.•••••4.01Uwaff /1.411
1111.1 094 1 AIII
r 11 tiny 11 7l
(•17Cu. COLOMAl1O wt.A)
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OL1 91W000 •1•.NM..•.
C41110900 .nen.
411 AM11fPAI !1.111.1...
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fROW 19:11
1.11 ff e11Af 1111 ANI
C .t•1RA110 1419Y
I • .0 lot MON... •11
1.1 of...
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Mr. Robert Chatmas
July 23, 1979
Page 2 '
Phase
Total
Treatment System
129,500
346,500
313 ,000
5789,000
Initial recommended incomes levels
are:
Trunk Sewer
Collection System
$232,500
317,500
59,000
$609,000
System Development Fee $4,000/EQR
Service Charge 9/month/EQR
Mill Levy 7 mills
Total
362,000
664,000
372,000
$1,398,000
'VC SZ .7
J ",,tL'C( i3(0.ca
Co5C0 G.c,C)
These rates have been calculated based upon development projections furnished
by Sun Designs Architects of Glenwood Springs and fiscal plans furnished by
Hanifen, Imhoff and Samford, Inc. of Denver, Colorado.
JKH:ms
792-32
Yours very truly .
WRIGHT-McLAUGHLIN ENGINEERS •
e f ,
John K.' Hopkins
By G i aLC
Ronald C. McLaughl
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TABLE OF CONTENTS
SECTION TITLE
INTRODUCTION
General
PAGE
Purpose of Report 1-1
- 1-1
History
Assessed Valuation 1-3
1-4
If PLANNING INFORMATION - DESIGN CRITERIA
Development Projections 11-1
Projected Assessed Valuation 11-1
Estimated Waste Loads
11-3
EFFluent Quality 11-3
Design information - Land Treatment 11-4
111 PRELIMINARY DESIGN OF WASTEWATER TREATMENT FACILITIES
Evaluation of the Existing Wastewater Treatment
Facilities
Preliminary Design - Spring Valley Sanitation 111-1
District Sanitary Treatment Plant 111-3
Collection System 111-5
Estimated Capital Costs 111-6
IV OPERATION AND FINANCING-
General
INANCINGGeneral
Capital Requirements IV -1
IV -1
Income Requirements 1V-2
Rates and Charges for Service IV -2
Service Charges IV -3
Recommended Provisions - District Operation IV -9
APPENDIX A - SEWAGE TREATMENT SERVICE AGREEMENT WITH
COLORADO MOUNTAIN COLLEGE
APPENDIX B - SOILS INVESTIGATION REPORTS
APPENDIX C CAPITAL FINANCING PLAN PREPARED BY HANIFEN, IMHOFF
& SAMFORD, INC.
APPENDIX D - LEGAL DESCRIPTION OF THE SPRING VALLEY SANITATION
DISTRICT
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SECTION I
INTRODUCTION
GENERAL
This Preliminary Engineering Report has collected factual data and developed
a plan for the formation of a sanitation district in the Spring Valley area
of Garfield County, Colorado, to be known as the Spring Valley Sanitation
District.
Creation of the proposed Spring Valley Sanitation District,. hereinafter re-
ferred to as the District, is being considered in view of the present and
future needs for acceptable .sanitary sewer service for Colorado Mountain Col-
lege (CMC) and Los Amigos Ranch. The District Service Boundary at inception
is indicated on Figure 1-A and described by legal description in Appendix D.
Wastewater treatment facilities are to be located at the existing lagoon site,
which is currently owned by Colorado Mountain College. The pr000sed District
will own, maintain, upgrade and expand the treatment facility to meet demand
in compliance with current standards established by the Colorado Water Quality
Control Commission.
PURPOSE OF REPORT
The objectives of this Report are to:
1. Provide an engineering document which will be used to define the bases
for establishing a sanitation district.
2. Describe some of the more salient features of the proposed District system.
3. Evaluate the existing wastewater treatment facilities.
4. Outline the basic proposed operating procedures and rules of the District.
In order to meet these objectives, the scope of work includes:
• An evaluation of the treatment capability of the existing CMC lagoon
system and an estimate of the cost to bring the system to State standards
for the ultimate wastewater flows generated by CMC, if there would be no
outside development.
• An estimation of sewage loads to be generated by the District, based on
furnished development plans.
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• An evaluation of the degree of treatment required if a District is formed.
This evaluation will include a preliminary system design for development
within one year and for ultimate development within the District.
• An estimate of capital costs for phased construction of the treatment
facilities and an estimate of rates and charges required to support the
District.
HISTORY
Prior to the arrival of the first Spring Valley settlers in the late 1800's
the area was used by the Ute Indians as a summer hunting and food gathering
area. Up until 1966 the valley was entirely agricultural in nature. Hay,
grains, potatoes, and livestock were the main products and ranching was the
way of life.
In November 1965, an election was held creating a taxing district to fund the
new junior college known as Colorado Mountain Junior College District. Con-
struction was completed in the fall of 1967 and the first classes began. The
college was built on land donated by Jim and Dan Quigley, Sam Campbell, George
Dapples, Jim Nieslanik, Luke Anthony (John Powers property), and a remote hill-
side was donated by Pete Cabrinah (Hopkins Ranch) who wanted to be a part of
the transaction. A parcel of land was purchased from Bruce Dixson. These
donors envisioned not only the college, but the development that is now occur-
ring. The college his continued to grow and expand with a new Student Center
under construction this summer.
The 1968 Garfield County Master Plan designated the Spring Valley area as a
"potential urban center."
The Los Amigos Ranch was owned by,Sam Campbell and George Dapples who used it
exclusively for raising winter wheat and running cattle, as well as a home
site. It was sold by the Sam Campbell estate to the present owners whose plan
1-4
includes keeping approximately 800 acres in winter wheat. The Los Amigos
development has received final plat approval of Subdivision No. 1. Subdivision
No. 1 calls for 96 apartment units with construction starting during the sum-
mer of 1373 and completior in 1980.
Subdivision No. 2 is in the preliminary review phase. Subdivision No. 2 en-
visions a total of approx'mately 311 dwelling units, all but 61 of which will
be served by the proposed District with construction scheduled to begin early
in 1980.
The 1971 Brown-Gamba report entitled "Spring Valley, Planning for a College
Oriented Community" outlined the necessity for, and concept of, a utility dis-
trict for the Spring Valley area development. The idea has been discussed
from the beginning in College planning. The Engineers' Report prepared by
Barton, Stoddard, Millhollin and Higgins entitled "Sewage Works for Colorado
Mountain College, Western Campus, Glenwood Springs, Colorado" states, "If the
area surrounding the college site is developed into homesites in the future,
the college will attempt to sell the utilities to such a sanitation district."
This Service Plan for central sewage collection and treatment has incorporated
ideas from all previous proposals.
ASSESSED VALUATION
The following information on current
assessed valuation was taken from the
Garfield County Tax Assessor's Records:
Property Acres
Los Amigos. Ranch 1,784.56
Colorado Mountain College
Pinon Alps Apartments
5.0+
Assessed Valuation
$179,660 (1979)
(exempt)
150,990 (1979)
Note: The Pinon Alps Apartments are privately owned and are currently
serviced by the CMC sewer.
7 .,
. SECTION II
PLANNING INFORMATION - DESIGN CRITERIA
DEVELOPMENT PROJECTIONS
Information on the planned development within the boundaries of the proposed
Spring Valley Sanitation District was supplied by Colorado Mountain College and
the planning personnel developing Los Amigos Ranch. Table II -A lists the devel-
opment projections to be !'erviced by the Spring Valley Sanitation District. The
projected population of tfe District is estimated at 2,200 people. These devel-
opment projections have been furnished by the planners representing each entity.
PROJECTED ASSESSED VALUATION
The projected assessed valuations for Los Amigos Ranch, listed in Table II -B,
are based on 20 percent of the projected market value of individual units.
Projected market values were furnished by the planning personnel developing
Los Amigos Ranch and are listed in Table II -C.
TABLE II -B
ASSESSED VALUATION OF SPRING VALLEY SANITATION DISTRICT
Ultimate
Development Markct Value: Assessed Value'-
Los Amigos Ranch $34,700,000 .$6,940,000
Colorado Mountain College exempt
Elementary School exempt
Pinon Alps Apartment 151,000
*Based on 1979 doilar levels and 20 percent of sales price.
'TABLE II -C
PROJECTED MARKET VALUES - 1979 BASIS
LOS AMIGOS RANCH
Market Value Total Assessed
Descri-ption No. of Units per unit Valuation
Single Family Residence 0 $175,000 0
Duplex (per unit) 62 150,000 1,860,000
Condominium 120 100,000 2,400,000
Patio Homes 36 125,000 900,000
Student Apartments 96 50,000 960,000
Luxury Apartments 36 100,000 720,000
Commercial (Total) 1 500,000 100,000
$6,940,000
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11-3
ESTIMATED WASTE LOADS
The development information in Table 11-A was used to estimate the future waste
loads listed in Table 11-I).
TABLE 1i -D
ESTIMATED WASTE LOADS - HYDRAULIC LOADING
Average
(gal/day)
��c01 1979-80
Colorado Mountain College 'CI(LI132,000
Los Amigos Ranch 20,000
Elementary School
Daily Flow
1990
(Ultimate)
52,000
107,300
10,700
52,000 170,000
The treatment facility for the ultimate population of the District should be
designed for an average daily flow of 200,000 gallons/day. The initial facil-
ities should be designed for an initial hydraulic load of 100,000 gpd in 1980
with expansion to 200,000 gpd in 1983. Since other developers have indicated
interest in annexing into the District in the future, prior to the start of
final design of the initial facilities (Phase 11 - 100,000 gpd), the ultimate
population to be serviced by the District should be reassessed.
Estimated Waste Loads - BOD Loadifa
1979-1980 1990 (Ultimate)
BOD5 lbs/day 104 360
Lake Springs Ranch is a proposed development with borders contiguous to the
District boundaries and serviceable by gravity flow. Lake Springs Ranch is
in the application stage for P.U,D. approval. If the development plans of
Lake Springs Ranch are approved and if they annex into the District, the
wastewater loading from the 195 single family homes in the Lake Springs
development is estimated at an additional 60,000 gallons per day.
EFFLUENT QUALITY
Currently there is no discharge from the lagoon system at Colorado Mountain
College. When the system is expanded, the alternatives for final effluent
disposal include land treatment (spr-iy irrigation and/or rapid infiltration)
or direct discharge :to Cattle Creek.
The land treatment alternative will require soil investigations to determine
loading rates in the area of existing and future rapid infiltration basin
sites and spray irrigation sites. Effluent will receive secondary treatment
and chlorination prior to final disposal by land treatment. Monitoring wells
will be installed to monitor movement of nutrients through the water table.
The direct discharge alternative would require a high quality treatment system
before discharge to Cattle Creek. Cattle Creek has been classified by the State
as a high quality fishery. Discharges to Cattle Creek would have a limitation
on ammonia, in addition to a waste load allocation for BODS and suspended
solids.
DESIGN INFORMATION - LAND TREATMENT
An investigation of the characteristics of soils types in the CMC treatment
site area was conducted in April and May of 1979 to select land treatment sites
and to determine loading rates for infiltration/percolation and spray irrigation
sites. Two reports covering these investigations are attached in Appendix B.
The Wright Water Engineers Report, dated May 18, 1979, summarizes subsurface
investigations performed by Lincoln-DeVore and soils/geologic information from
the USBR Basalt Project and the U.S. Soil Conservation Service. The report
recommends the following application rates for land treatment:
Infiltration/Percolation: 0.2 to 0.5 inches/hour
Spray Irrigation: 3 to 5 feet/year
The Soil Conservation Service Report, dated May 23, 1979, recommends that crops
be grown in conjunction with a spray irrigation program on District property
near the sewage treatment plant site.
The reports confirm that a combined program of spray irrigation and infiltration/
percolation is a feasible'alternative for final effluent disposal for the Spring
Valley Sanitation District.
SECTION III
PRELIMINARY DESIGN OF WASTEWATER TREATMENT FACILITIES
EVALUATION OF THE EXISTING WASTEWATER TREATMENT FACILITIES
The Colorado Mountain College campus is served by an independent sanitary
sewage system. TreaCment/disposal is now accomplished using plain lagoons
located about 1/2 mile southerly of the campus. The ponds are unsealed and
all flow now evaporates and/or exfiltrates to the ground water table. The
ponds have an approximate volume of 2 MG each. The first pond was originally
designed to be aerated. A 7-1/2 hp mechanical surface aerator was installed,
but was never connected to a power source. Because there is no discharge from
the pond, the Colorado Mountain College has not been issued a discharge
permit.
The present sewage flow from the campus is estimat_ed__at_32,000 gallons per
day. With growth, th, the College's future sewage flow could increase to the
range of 52,000 gallons per day.
Based on the State of Colorado criteria for waste stabilization ponds, the
existing lagoons are at their system capacity. The State criteria provide
that:
(a) the pond system must hold the design flow for 180 days,
(b) the primary cell should be designed for no more than 0.5 pounds
of BODS per 1,000 square feet of surface area per day, and
(c) there must be a minimum of 3 cells, and the ponds must be designed
to operate in beth series and parallel.
The hydraulic loadiig criteria of 180 days residence time allows for a total
treatment capacity of approximately 22,000 gallons per day. The BOD5 criteria
allow for approximately 64 pounds per day of 8005. The present flow of
approximately 32,000 gallons per day and 67 pounds per day of BOD5 indicates
that the ponds are overloaded.
III -2
In order to upgrade r.he existing lagoon system to effectively treat the
projected flows from CMC, it would be necessary to:
• Bring three phase. power to the lagoon site.
• Replace the existing surface mounted aerator, if required. The
existing aerator was installed approximately seven years ago and
has never been tested. If inoperable, it must be replaced. Therefore,
replacement costs are included in the estimate of capital costs. If
the aerator must be replaced, it is recommended that a blower/aerator
system be installed to replace the surface aerator.
• Install two monitoring wells next to the lagoons to monitor the
effluent leaching from the lagoons.
• Seal the first pond. (The State may or may not enforce this
requirement depending on the information gathered from the monitoring
wells.)
The estimated capital costs for these improvements is shown in Table IIIA.
TABLE III -A
ESTIMATED CAPITAL COSTS TO UPGRADE CMC LAGOONS
Item $ •(1979)
1 Three Phase Power (Holy Cross Electric) $24,000,
Underground 1,400.1.f.
Overhead 2,400 1.f.
Transformer 10 Kva
Aeration Equ;pment
3. Monitoring Wells 40 - 60 1.f. (2 each)
Slotted PVC Casing
$15,000
$ 4,000
4: Engineering„ Cont., Legal, etc., a 25% $11,000
TOTAL ESTIMATED BUDGET
$54,000
If lining of the pond is required, the additional cost for lining the first
pond is estimated at $4,000.
111-3
PRELIMINARY DESIGN - SPRING VALLEY SANITATION DISTRICT SANITARY TREATMENT PLANT
It is proposed thatiColorado Mountain College and the developers of Los Amigos
Ranch _cooperatively develop and operate one sewage treatment/disposal system.
For this purpose, the College and Los Amigos Ranch have entered into a Sewage
Treatment Services Agreement, dated July 2, 1979, which is attached as Appendix
A. This will result in general economy of construction and operation. The lo-
gical plant site would be located at the present CMC lagoons because:
• the site can be reached by gravity flow from most of both areas,
• it is an existng facility having site approval from the Colorado
Water Quality Control Commission,
• the existing ponds have value,
• sufficient land is available for the proposed treatment facility,
• the site is sufficiently removed from CMC facilities and residential
development,
• site approval for Phase I improvements was granted by the Water Quality
Control Commission on July 2, 1979.
The College desires to establish an ongoing program for training water and
wastewater plant operators. There is a real need for this type of training,
particularly in Western Colorado. It is, therefore, suggested that the pro-
posed treatment facility be designed for symbiotic use as a."hands-on"
training facility.
It is proposed that the treatment facilities expansion be constructed in phases
to somewhat match development rates.
The following phasing is designed to meet projected development demands.
Phase 1 Remodeling of the first pond as a mixed aerated lagoon to treat
existing flows from CMC and the flows from 96 apartment units
to be constructed by Los Amigos Ranch in 1979/80. The average
daily flow is estimated at 52,000 gpd. Site approval for Phase
1 improvements was granted by the Water Quality Control Commission
on July 2, 1979.
111-4
Phase Z Addition of pretreatment facilities and an activated sludge plant
designed for an average daily flow of 100,000 gallons per day. The
first aerlated pond (existing) would be used for storage and as a
buffering pond for upsets. The second pond would be used as an
infiltration/percolation basin. The soils data (reference Appendix 8)
indicate that a second infiltration/percolation basin (15,000 s.f.)
will be requirec to handle the average daily flow of 100,000 gallons.
Phase 1 operatirg data will confirm the actual pond area required.
A spray irrigation system (10 acr•es)will be constructed for use dur-
ing the irrigation season. Monitoring wells or lysimeters will be
included.
Preliminary design of the activated sludge system was based on the
assumption that the RELEX Modification could be used for the initial
phase. The RELEX process utilizes a fill and draw technique to
eliminate the need or use of a clarifier. This system is based on
a cycle which provides that during a certain percentage of each hour,
the agitators and air blowers are not in operation. Quiescent condi-
tions are established in the aeration basin, allowing solids to set-
tle out. The top layer of the basin thus, is clarified. After a
preset period of time, the aeration basin discharges. The discharge
is decant taken from the top clarified layer of the aeration basin.
At the end of the discharge cycle, the valve on the discharge piping
closes and the air blowers and agitators return to operation. Dur-
ing this portion of the cycle, there is no discharge from the aeration
basin.
Sl-udge will be wasted by pumping to sludge drying beds. Dried sludge
will be tilled into the ground in the spray irrigation area.
A complete laboratory/control area would be provided.
111-5
Phase 3 Increase 'plant capacity to 200,000 gpd by the addition of a clari-
fier and an aerobic digester. Two additional infiltration/percola-
tion basins would be added. The size of the spray irrigation system
would be doubled to a total of 20 acres.
Phase 4 - Addition of an advanced waste treatment plant. Based on the
availability of Federal and State Grant money, this facility
would be added as a training facility for the operator training
school at CMC. (As long as there is no discharge to Cattle Creek,
this facility is not a required plant operating unit.) The AWT
facility would be used to produce a high quality effluent and
would feature coagulation, flocculation and filtration. The AWT
plant would be run during the winter time when requirements for
nitrification are minimal. During the warmer months, the final
effluent treatment would be land treatment.
A proposed process flow diagram is shown in Figure III -A
COLLECTION SYSTEM
It has been proposed that the collection system be owned and financed by
the District. Preliminary design of the collection system based upon the
development projections shown in Table II -A and the developer's drawings,
give the following phased construction:
Size
8 -inch
dia.
TABLE 111-B
COLLECTION SYSTEM FOR LOS AMIGOS RANCH AND
TRUNK SEWER TO SEWAGE TREATMENT FACILITIES
Year Installed
1979/80 1981/82 1983/84 1985/86 1987/90 Total
13,100 1.f. 8,800 1.f. 1,400 1.f. 600 1.f. 250 1.f. 24,150 1.f..
1
1
1
1
1
1
1
1-
1
1
1
1
1
1
111-6
The estimated capital costs for Phases 1 through IV are shown in Table 111-C.
hors
>oriE 4.
otJe
170,0e
Pit/ f:•
TABLE III -C
ESTIMATED CAPITAL COSTS
SPRING VALLEY SANITATION DISTRICT SEWAGE TREATMENT PLANT
PHASE I (1979), 52,000 GPD CAPACITY
✓ 5.
•�6.
✓ 7.
District formation expense
Three phase power
�
Aeration equipment(r �t 0A1 1)-3si 419Afbi7
blowers, aerators,` air piping, blower bui ding
Sludge removal
Pond lining
Trunk sewer 3,500.1.f. 8 -inch dia.
Collection system 5,070 1.f. 8 -inch dia.
8. Engineering, legal,
TOTAL PHASE I BUDGET
SUBTOTAL; PHASE 1
contingency at 25 percent
PHASE 11 (1980/81), 100,000 GPD CAPACITY
_ 1 . Laboratory
'2. Secondary treatment plant
pretreatment facilities, activated sludge (RELEX),
chlorination
3. Spray irrigation -• 10 acres
w/pump and monitoring well
4. Rapid infiltration basin (1 each)
5. Sludge pumping
6. Pick-up truck, 4WD
7.__ Collection system
13,380 1.f. 8 -inch dia.
8. Engineering, legal, contingency at 25 percent
TOTAL PHASE I1 BUDGET
SUBTOTAL, PHASES I AND II
•
$30,000
20,000
;,ed()
36,000/i-
10,000
6,000/10,000
4,000
90,000
96,000
76,000
$362,000
5362,000
$ 25,000
180,000
30,000
20,000
15,000
8,000
254,000
132,000
$664,000
$1,026,000
PHASE iII (;983/1984), 200,000 GPD CAPACITY
1. Secondary clarifier
2. Aerobic digester/holding tank
3. Spray irrigation, 10 acres and monitoring well
4. Rapid infiltration basins (2 each)
`5. Collection system, 2,250 1.f. 8 -inch dia.
6. Engineering, legal, contingency at 25 percent
TOTAL PHASE III BUDGET
TOTAL, PHASES I, Ii, AND III
PHASE IV, (Future), 200,000 GPD CAPACITY
111-7
$ 95,000
90,000
25,000
40,000
47,000
75,000
$372,000
$1,398,000
1. AWT Plant $340,000
'2. Engineering, contingency, legal, etc., at 25 percent 85,000
3. Less anticipated grant (319,000)
TOTAL PHASE IV BUDGET, LOCAL SHARE $106,000
Note:
1. All cost estimates are based on 1979 dollar levels without al-
lowance for inflation.
2. Reduction of total costs have not been made to account for pos-
sible grants during the second or third phases. it is antici-
pated that the District would be eligible for grants. In order
to proceed with Phase IV, -a water quality control grant would
be obtained. Pursuant to Paragraph 2(a) of the Agreement be-
tween CMC and LAR, CMC would participate in the local share of
Phase IV capital costs.
3. Pursuant to Paragraph 2 of the Agreement between CMC and Los
Amigos Ranch, up to 33 acres of land will be made available by
CMC to the District for present and future needs of the District
at a cost of one dollar per year. Thus, no capital cost for land
acquisition is included in the estimated capital costs for Phases
I - IV improvements.
SECTION IV
OPERATION AND FINANCING
GENERAL
In orderto best finance and operate the proposed utility system, the forma-
tion of the Spring Valley Sanitation District is recommended. Under Colorado
law, the district would be a quasi -municipal non-profit corporation having mana-
gement, taxation, and condemnation powers. A district is governed by an elected
Board of Directors of five persons. The District Board would administer the con-
struction contracts, operate the system and determine the sources and allocation
of income.
An important advantage to district formation is the establishment of a permanent
operating entity. The residents assume control and operation of their own system
and thus assure the continued availability of utility service.
The District would service Colorado Mountain College by a service agreement (see
Appendix A). This arrangement permits the making of an equitable rate agreement
between the District and the College, while not affecting District valuation.
In effect, it is proposed that the College trade the value of the existing lagoon
system and present and future land requirements by• the District for the equivalent
of system development fees for the existing student and staff population at CMC.
Additional needs of the College in the future will be met by the District upon
payment of applicable system development fees.
CAPITAL REQUIREMENTS
A summary of project capital requirements is:
1979 Dollars
Phase 1 1979 362,000
Phase I1 . 1980 664,000
Phase III 1983 372,000
Total Estimated Capital Budget $1,398,000
Estimated
Inflated Capital
Cost at 8%/yea r
Inflation .Rate
$362,000
716,000
496,000
$1,574,000
Bond Issue Costs
Phases I and II - 1979 Bond Issue
.Phase III - 1983 Bond Issue
Total Bond Issue Costs
1979 Dollars
154,000
68 ,000
$222,000
'< Information supplied by Hanifen, Imhoff & Samford, Inc.
Total 1979 Bond Issue
Phases I and II
Total 1983 Bond Issue
Phase III
Total Bond Indebtedness
Phases I, II and 111
1979 Dollars
$1,180,000
440,000
Iv -2
Estimated
Inflated Capital
Cost at 8%/year
Inflation Rate
154,00o
84,000
$238,000
Estimated
Inflated Capital
Cost at 8%/year
Inflation Rate
$1,232,000
580,000
$1,620,000 $1,812,000
The economic feasibility of Phase IV is to be determined at a later date and
will depend upon grant availability, the need for such a training facility,
and CMC's willingness to participate in Phase IV expansion.
INCOME REQUIREMENTS
District operating income must be sufficient to cover all operation and main--
tenance expenses. Estimated annual operation and maintenance costs are listed
in Table IV -A. These estimates are based on 1979 dollar values and will have
to be adjusted in the future as dollar values change.
TABLE IV -A
ESTIMATED ANNUAL OPERATION AND MAINTENANCE COSTS
Salaries 19$0
Operator (part time) $ 10,000
Bookkeeper (part tlme) 2,000
Maintenance 4,000
Utilities, Power 6,000
Chlorine 200
TOTAL (at ultimate development) $ 22,200
1990 (ultimate)
$ 15,000
9 ,000
5,000
8,000
400
$ 37,400
IV -3
This estimate includes operation and maintenance, labor costs, billing expense,
power and heat, chemicals and supplies at complete buildout. It assumes that
the Board of Directors would serve without pay. The District's capital income
requirements are those required for debt service (until all bonds are retired).
RATES AND CHARGES FOR SERIICE
The actual rates and charq es for sewer service would be set by the elected Dis-
trict Board of Directors. Tentative rate and charge schedules have been computed
and are presented herein for the purpose of presenting the probable costs of
service.
Two considerations are significant in the establishment of a rate structure:
(1) The rates must produce enough income to sustain system operation, and
(2) the rates should be set equitably so that persons will pay for service in
approximate proportion to actual benefits.
•
Practical methods of obtaining income for the proposed Spring Valley Sanitation
District are discussed following, and recommended initial rates given.
SERVICE CHARGES
Service charges will be allocated only to. operation and maintenance expense for.
the sewage treatment facility and sewer system (the latter being small). There-
fore, charges should be proportional to flow load, assuming nearly comparable
sewage strength. It is impractical to meter sewage flows, and therefore, a
flat rate schedule is used. In order to equitably allocate costs and provide
for simple rate changes, the EQR schedule and billing basis in Table IV -B is
recommended. The EQR (equivalent residential unit) system uses an average
single family residence as a base unit. The service charge needed at ultimate
development is estimated to be $6.50/month at 1979 cost levels. Initially,
until more users connect, the cost per tap will be higher. An initial rate of
$9.00/month is estimated to be sufficient with a reasonable growth rate.
IV -4
System Development Fees
A system development fee or .connection charge is normally made to new users of
a utility system. In this way, a new u/er pays a portion of his share of invest-
ment in the system. For the Spring Valley District, SDF capital income is the
primary source for debt service retirement. It is designed at a level so that,
with a'reasonable tax levy, adequate income will be available for debt service.
System development fees should be based on the EQR value assigned to a partic-
ular tap. An EQR is represented by a single family residential unit with a
resident population cf 3.3. An equivalent residential tap can be defined as any
utility customer requiring sewer service in quantities approximately equal to •
3.3 resident people (or 1 residence). A business establishment with an EQR value
of 3.0 would pay three times the established tap fee for a single family residence.
It is recommended that the proposed district set the initial system development
fee of $4,000 per EQR. Not included in -this fee would be the cost of service
lines or connections to the main, etc. System development fees should be period-
ically reviewed, and priced in accordance with the projected capital needs.
/2- j•, (c` 3 `'7,)/ r CC-)
Mill Levy
A mill levy on property is a.common method of obtaining income to support a sewage
treatment system. The sewage treatment system becomes a property of the entire
District. The availability of sewer service will aid property values throughout
the District since, by being in the District, the property has a right to utilize
the District's facilities whenever desired and economically feasible. An income
based on a mill levy is proportional to relative property values. It has been
determined that a 7.0 mill levy will be adequate to repay debt, assuming develop-
ment rate as projected.
System development fees and the mill levy will be used to pay debt service for
capital improvements to the sewage treatment, collection sewer system, and the
main trunk line. A Capital Financing Plan has been prepared by Hanifen, Imhoff
and Samford, Inc. and is attached as Appendix C.
•
IV -5
Standby Service Charges
Standby service charges are not a planned source of income, assuming the develop-
ment rate proceeds as predicted and shown in Table II -A. However, should de-
velopment slow, the SOF income could become inadequate. It is anticipated that
the District would, in addition to increasing the mill levy, require standby
charges for platted, but undeveloped, property.
Service Area Expansion
In the event any of the developers in the Spring Valley area annex to the District
or receive sewer service from the District, the financial outlook should be
further enhanced.
•
Iv -10
service lines shill be the responsibility of individual customers,
and not the District. Each building and/or customer shall have a
separate service line.
4. Use of Sewer System. No customer may discharge water bleeding flows,
storm water, surface water, groundwater, subsurface drainage, or
unpolluted industrial process water to the sewer system. Customers
shall not discharge any toxic chemicals, flammable or explosive
substances, unusual amounts of solids, or any other material which
is atypical of sanitary sewage of domestic origin and 'which could
interfere with the operation of the sewer system or sewage treatment
facilities. All service stations, restaurants, cafeterias or other
customers having large quantities of solids or grease in the waste,
shall be required to construct and maintain acceptable grease and
grit traps prior to discharge to the sewer system.
APPENDIX A
SEWAGE TREATMENT SERVICE AGREEMENT
WITH
COLORADO MOUNTAIN COLLEGE
•
SEWAGE TREATMENT SFRVI(.F:S AGREEMENT
THIS AGREEMENT is made and entered into this day of
—TA.*
1979, by and between COLORADO MOUNTAIN JUNIOR
COLLEGE DISTRICT, a junior college dlstrlct organized under the
Colorado statutes (the "College"), and the owners of the LOS
Am ICOS RANCH P.U.O.: ROBERT W. CHATMAS, JAMES A. R. JOHNSON, and
""HCMAS E. NEAL (collectively "Loa Amtgoa").
RECITALS
Tha College owns the real property described an Exhibic
"A," attached hereto ani Incorporated herein by this reference
(the "College Property"), upon which it is presently operating a
sewage treacmenc feciitty serving the College operations.
This savage treatment facility Ls lncomplece and is noc
adaquace in Its present condition for the College's long-term
needs.
The Los Amigos Ranch P.U.D. is adjacent Co the College
Property, and its owners desire Co develop Che property
primarily for residential purposes, and to provide a community
sewer system and a community sewage treatment facility for Chic
portion of said property described on Exhibic "B" attached
hereto and Lncorporaced herein by this reference (the "Eos
Amigos Severed Property").
The topography of the two properties and the location of
ttia Los Amtgoa Sewnred Property Indicates [bac to is feasible
and economical Co treat the sewage from the cwo properties at
tae location of ch= existing treacmenc facility on Cha College
Property. Las Amigos has the necessary approvals to commence
c,>nscruccion upon its developmenc during he 1979 building
a/ason.
Los Amigos Ls willing to cause Che draft Service Plan daced
(ivy 18, 1979, prepared by Wright -McLaughlin Engineers, Co be
revised. to exclude the Lake Spring.+ development Crum the
proposed DtsCrlcc boundaries.
IC la Lntendsd by Che parties hereto that a sanitation
distrtcC Co be named the Spring Valley Sanitation Dtsericc (Che
"District") be organized under C.A.S. 1973, Sec. 32-4-101, et
sed., as amended, whose service area would be che area within
theexternal boun•laries of Che College Property and che Los
Amigos Severed Pro.+erty combined, as shown on the draft Service
Plan prepared by wslght-McLaughlin Engineers, dated May 18, 1979
(che "Plan"l, aCrached hereto and incorporated herein by
reference for all purposes, buc whose dtscricc boundaries would
be :he boundaries of Cha property described on Exhibit "C,"
attached hereto and incorporated herein by chis reference.
The College desires Co commence a sewage CreatmenC facility
operators' training program, uctltztng Che present and Cucure
facilities which are Cha subject of chis agreement. The College
is willing co permit LCs present sewage treatment facilities co
be upgraded and expanded co provide sewage CreatmenC services Co
the two properctes and Co convey acs facLLLtles In a manner
which recognize' che curriculum potential of the facilities for
che College's sewage treaCmenc facillcy operators' training
peogram. The College also recognizes chat the faciliCLes and
improvements to be constructed, as generally outlined in che
Plan, wilt enhance the educational experience of che College's
sewage CreatmenC facility operators' training program.
The College has reviewed the Plan and the captcal
improvements discussed in the Plan and conceptually agrees with
and approves of the preliminary design of Phase 1, 2, ], and 4
capital improvements set forth in che Plan. The College
understands that the final Service Plan to be prepared by Los
Amigos will delete che Lake Springs Ranch property from the
Dlstrict'a boundaries but will in all ocher material aspects be
similar to the draft Service Plan.
-2-
The. Col;.ege has need of addtrtonel student housing and Los
Amigos Ls willing to commence construction upon an apartment
project whlcn will be ranted wtrh avatlabllity prrferrnce to
students ane staff of the College In the renting of such
apartment units.
It Ls acknowledged that the College's exLICing storage
creatmenc fee/Utica, though presently Inadequate for Lt.'
present needs both ss to capecLCy end quality of treatment,
could he upgraded by the College co satisfy Its present needs
and comply with el.Lating legal requirements for en additional
expenditure of spproxtmeCely $50,000. It Ls, therefore,
acknowledged chat since no system development fees will be
charged co the College with respect to les existing level of
use, approximacely 100 EQR, which the College is receiving tr
exchange for the conveyance of Its exlscing facilities together
with leasehold estates in the land and Ln the expansion land as
described below, the value of the said existing facilities and
leasehold estate Ln the Otscrlct (or joint facilities as Che
case may be), will be approxLmacely $125.000.
The Governing Committee of the College has found and
determined that the real property or tncerescs Ln real property
hereinafter dascrtbed to be leased and the .factItties
hereinafter described to be sold and conveyed are not needed by
Che College Ln the foreseeable future for any purpose authorized
by law, except as provided for herein and on the terms and
conditions provided for hareln.
NOW, THEREFORE, in consideration of the foregoing recitals
and of he mutual cerma, covenants, and condltlons contained
herein, the partici agree es follows:
1. Inttrtm Commitment.
(a; The College agrees to permit 96 resldenctal
aparcmee.t units, to be built and owned by Los Amigos. co be
connected to its sewage treatment facility as needed, as
soon as the upgrading of the College lagoons end the
lnstr.11afton of tha Crv',k sewer is eccampltahed by Los
Amtgua ac Los Amigos' eepense as described to the draft
Servlee Plan prepared t' Wright -McLaughlan dated Hay IS.
19)9 (hereinafter "Phase I Improvements"). Lae Amigos
Agrees that it will contract for the Phase I improvements
to be completed as soon as reasonably practicable. and that
it w111 pay Che cost thereof and shell own sstd ?hese I
improvements.
(b) Las Amigos agrees chat prior Co commencement of
construction it vlil submit Che plans and apecirt a d one
for the Phase I improvamencs to the College for its rovtev
and approval. Upon submittal to the College, the College
sh41 , within fifteen (15) days, advise Los Amigos In
writing that 1C approves of the plans and spectficactons or
that it disapproves of the plans and speclftcuctons stating
with spcCLf1CCCy the reason(s) for disapproval; provided,
however, that In the event the College falls to advise Los
Amtgos In writing of its decision wLChtn the fifteen (151
day Clme perlod, the College's approval shell be
conclusively presumed. The College's approval shall not be
unreasonably withheld; it being the intent of the parttes
chat: Che College be given the opportunity for Input at Che
final design stage; and Chat Los Amigos rely on the
College's conceptual approval of the Phase I improvements
and on approval(a)tl if any, of Cha Phase I improvements
Chat may hereafter be given by local, -state, or fedcr.il
governments or agencies vtth Jurtsdlcclon over Che subject
matter.
(r) In the event the College disapproves the plans
and apectficactons, the College shall cooperate with Loa
Amigos to eh.: graacesC extant poselbla Co resolve the
College's concern(s) es expressed in the reason(s) for
dtsapprove'.. Upon resubmlczal by Los Amigos or the revised
plans and specifications co the College, the procedure set
-4 -
forth in subparagraph (b) of this paragraph shalt apply. to
the event that the College he+ not approved the plans and
specifications for the Phase I improvements within either:
forty-five (41) days from the date hereof, or within the
fltceen (151day review period sat forth in
subparagraph (b) which commenced before the end of the
forty-five (45) day term, whichever is lacer; then this
entire Agceemen•: shall be deemed null and void and of no
furtherforce at:d effect whatsoever.
(d) iefor6 commencement of construction, Los Amigos
agrees that it vitt deposit tnto an escrow account with a
bank or other d.sburstng agent mutually satisfactory to the
parties hereto, s sum of money equal co the contract amount
for the Phase t Improvements, to be disbursed by the
disbursing agent upon pay estimates signed by the
Contractor and the Los Amigos consulting engtn•ers. Al
additional security, Los Amigos represents and warrants to
the College that it presently has upon deposit with
Garfield County a Lecesr. of Credit, the condition for
release of which is the completion of . the Phase I
improvements, together with ocher improvements associtated
with the Loi Amigos PUO Development.
2. Convevanee Co District. The College t+ willing Co
lease Lts land and sell its facLlicles Co•thsDtsCricc., referred
to Ln•Paragraph 4,. infra, within thirty (30) days after it La
formed, upon the following Corms and conditons:
'(a) The District must agree co provide sewerage
services to the College to it the Colloge's existing and
future needs, for as long as the College may request, and
that Che service charges for such sewerage service will be
calculated Co include a fair amount for the cosi of
operation and maintananee of the facilities, and will not
tnc ude any profit nor any amount to retire capital
indebtedness or investment until necessary for. and then
-5-
only to Che extent of, the capital required fur
installation of that portion of the Advanced Waste
Treatment (AWT) facilities which do not Include land
treatment'. •lc la expressly agreed and understood that the
DLacrlcc's agreement co provide sewerage services to Che
College includes the provision of sewerage services to
others, such as !loan Alps, co whom the College has
heretofore concraetually agreed co provtde sewerage
service; provided. h r, chat the service charges for
.such severage'servtee to others shan't). the obligation of
the College, and the College agrees Ce pay said charges to
.the District; provided further that the College may charge
and collect for such sewerage service in whatever manner as
Che. College Ln_lta fiat. discretion desires.
• (b) The District must, agree that filth respect to the
College's existing level of as ge use the College will
not be charged a system development fee. since the College
Ls presently on-line with an operating system which is is
conveying to. the District; provided. however. that tf the
State or other applicable governmental authority requires
addltioial improvements not contemplated to the.drafc Plan
with respect Co the existing level of use but because of
new Wholes). or .environmental requirements 'not in
,extscenee when the Phase 1 improvements are installed. the
College agrees to pay the cosc allocable.to Its use. The
College agrees that it will be charged a system development
fee with respect Co sewage treatment services needed beyond
its existing level of use; provided, however. chat the
District must agree that said system development. fees shall
never exceed the then -applicable system development fee
charged by the District for similar extensions of service
-6-
to new users within the District. The District must agree
Cha: the College will never be required to pay special
slrvice fees or mill levies; provided, however, that the
District nay require other users to pay such levies or
charges. A11 ocher property owners who connect Co the
sysrem wt:hin the service area will be charged system
development fess;
(c) In consideration for Cho College's agreement co
pay systea development fees for sewerage services beyond
its exiaci'ig level of use, the District agrees co undertake
such capital improvements as are necessary and appropriate
Co provide sewerage service for the College's future needs,
consistent with economic and engineering feasibility, with
the final Service Plan, and with approvals of said capital
improvements by appropriate federal, state, and local
governments and agencies. The College agrees co provide the
District reasonable notice of its anticipated needs to
facilitate the planning of said capital Improvements; and
(d) The District must agree co the following terms
and conditions with respect to the lease of the College's
land and the sale of the existing College sewerage
facilities, together wLch an easement for the discharge of
effluenc across lands owned by the College, if and when
necessary and required, from the treatment facility to
.Cacti' Croak, easements for vehicular access to the
treatment facility, and for 'electrical power and ocher
utilities. To the extent reasonably prac:lceble, the
Phase 1 improvement trunk sever will be Located within the
existing staked right--of-way.
(t) The College will lease co the District the
land, containing approximately four (4) acres, upon
witch its present sewerage treatment facilities are
located; it being agreed by chc parties chat Las
Amigos, shall at its sole expense, have a survey of
-7-
the extsting fence lines around the plant site
performed ■nd that the property leased shall be the
property so surveyed regardless of the actual acreage.
0 Said lease shall also lnelude such adjacent land, up
to -r maximum of tour (4) acres, as is reasonably
regutred to the future for the secondary treatment
,facilities to be generally located westerly of the
extattng plant alta and also such additional land
generally located westerly of the plane site, up to •
maximum of twenty-five (251 acres, as 1s reasonably
requited in the future for winter storage of effluent,
for 1aftltracton areas and for land treatment, all as
shown by the final destgn plans for such improvements
as approved by the Colorado State Department of
Health. Said lands shall be leased for a lees* term of.
fifty (50) years, together wtth an option to renew for
an addttlonal fifty (50) years, fur $1.00 per year
rental, by lease tnscrument containing rppropriace and
customary anti -waste, insurenee. lndemnlftcatLnn,
anti -nuisance, and maintenance and repair provisions
and.auchorizing he future expansion of the facilities
tn' a manner generally eonstscenc with the final
Service Plan. AC such Cime as the additional land is
needed and will actually be used for he purposes
authorized herein. he. District agrees to provide, at
its sole expense. a survey of he property to be so
used, which •hall then become the subject of an
addendum to the lease referred to tn chis paragraph.
The parttea shall mutually agree upon the lucatton of
addltlonal acreage as soon as Is reasonably practical.
(ill The extsting sewerage fscillcles owned by
rhe College shall be conveyed to the District by gond.
end sufficient general warranty deed and bill of sale,
as appropriate, subject to the followtng terms and
-8-
1
1
1
1
1
F
1
1
1
1
1
conditions:
(Al The District's cnmmitwrnc co cause any
future expansions of the sewage treatment
facilities to be done in such a way as Co
maximise their use In the College's operator
cFatning program. If any, Consistent with the
Licerest■ of the District and with ehe
maintenance of high quality operations and the
rmmpliance with SCace standards. and subjec. to
t!s College's willtngnos-. to paw an' increased
rests which would not othcrwise be rewired
e:<cept for the operator training program. Prior
to the installation of additional capital
Improvements on the land, the designs for the
capital improvements must be submitted to the
governing board of. he College. In order to
permit the College to fully explore operator
training aspects of the improvements and co
request any changes with respect thereto at the
planning 'cage.
Ill) The District's commitment co permit the
r College to operate the facilities In connection
with Its operacnr training program. if any. at no
cost for labor for the work of College employees
and students. but utilising the District -pur-
chased utilities services. . materials. 'chemicals.
and such other items as may normally be required
for .conventional operation of the treatment
facillcy, or he District's commitment that to
the event•the College elects, from time to time,
not to operate the system. Che District
'superintendent shall so operate chs system as to
make is convenient for the College to conduct
operator training on the site.
-9-
WO At the closing, the College shall convey
to the District the existing improvements by good and
uufflctsnt general werrancy deed and bill of sale, es
lapproprtate. Except as provided for in subparagraph
Itv) of this paragraph. title shall be merchantable in
the College, free and deur of any lien or encumbrance
except easements and rights-of-waY for utilities and
dralnai;e es shown an the survey to be provided by
CranCe.i, and reservations and rustrtcttons of record.
Title shall be subject to no tenancies or use rights
of ant kind, except the land lease provided for
elsewhere herein.
After closing, Seller shall provide Purchaser a
title policy . issued co chs commitment shoving
merchantable title in the Grantee, as described above
and except as modified in the manner provided for In
subparagraph (iv) of this paragraph, subject to no
tenancies or use rights of any kind other than Che.
land lease provided for herein. Purchaser shall pay
all expenses In connection with obtaining such title
policy.
(iv) As soon es reasonably possible. Los Amigos
shall, at its sols expense, provide the College with a
Survey of the property to be leased co the District:
.The College. at Los Amigos' expensc.,and within twenty
(20) days after iecetpC of. said Survey, shill provide
to the Grantee a prelim/nary ciele commitment. issued
by a CiCle insurance company authorised to do business
in the State of Colorado, for owner's and leasehold
coverage in. Standard ALTA Form S. Los Amigos shall,
within can (10) days of receipt of the commitment,
advise the College that Le Ls willing co accept title
subject to Che exceptions or chat it objects Co the.
•
-10-
excepCLon(s1, specifying with particularity the
exception(s) which must be removed. In rhe event Lus
Amigos objects, the College agrees, within thirty (30)
!days, to use its best efforts to correct said
defect(s) in title; provided chat if said defects)
ere no: removed within the cline provided, Los Amigos
MAY'.
IC its sole option, either: (1) valve its
objection(s) and the parties shall proceed as provided
in this Agreement; (2) declare the Agreement null and
void except as Co the provisions of Paragraph 1, and
chs parties shall proceed as provided for in
Paragraph 6; or (3) declare the entire Agreement null
end void and of no further force and effect
whatsoever. The title commitment and the policy issued
thereunder shall have standard exceptions with respect
Co mechanic's liens, rights of parties in possession,
easements not shown by public records. discrepancies,
co.iflicts in boundary lines, shortage to area,
encroachments, and any facts which a correct survey
and visual inspection of the property would disclose,
deleted by endorsement; provided, however, that Los
Amigos shall, at its expanse, provide the information
or data required for said deletion and pay the cost of
said endorsement or. at its sole option, Creat the
standard exception(s) as a defect in title to which It
objects, In which case the parties shall proceed as
provided in Chis subparagraph (iv) in the case of such
defects. Copies of all documents pertaining Co such
exceptions and ocher interests required co be ,
eliminated must be attached Co the commitment.
3. Student Housing. It is the intent of the parties
hereto that the students and staff of the College shall, for a
period of ten (10) years from the execution .date hereof, be
given an availability preference by Los Amigos to the 96
-11-
apartment units to be .built c-mmeneing during the 1919 building
season. Li Amigos intends to commence the cunstrurtton of itghc
(8) enactment buildings, each containing four (4) two-bedroom
units, four (4) one -bedroom units, and four (41 studio units and
agrees to give Cha students and staff of the College an
avaLtablliey preference In the rental of said apartments. The
Board of County Commissioners of Garfield County has heretofore
approved the final plat (Los Amigos Ranch P.U.D., Phase 1,
Filing 1) for said apartments conditioned upon and subject to
[he provision of sewage treatment service; the execution of ads
Agreement will, Ln the opinion of Los Amigos, satisfy said
condicton. Subject to the concurrence of Garfield Cooney,
Los Amigo. agrees Co record said final plat, to commence
construction of the apartment units. and Co use its best efforts
to complete and ofFer said apartments for rent as follows: two
(2) buildings (24 units) by January 1980; two 121 building' (24
utiles) by March 1980; 'and remaining four (4).buitdings (41
units) by September 1980.Los Amttos agrees to oeriodically
notify the College of the anticipated enmolerion date of the
aoaremenes. Las Amigos agrees to attempt co coordinate the
commencement of the Lease periods with the commencement of the
Collage's quarter periods. Los Amigos further agrees to attempt
co coordinate the termination of its lease periods of leases eo
those persons ocher than College students or College staff.
members with the commencement pf Che College's quarter periods.
Los Amigos shall determine the terms and conditions of leases
for said_ apartment unLCl, and Las Amigos shall renr said units
Ln the foilowtng manner:
A. In the event two or more parsons for groups of
persons) with equal queltficatians make application ,[o Los
Amis.). for occupancy of any such apartment unit, [he parson
who is a member of the student body of the College shall be
accorded he firs[ right to lease the apartment unit. and
the person who is a member of the staff of the College
-12-
•
shall be accorded the second right to lease the apartment
unit.
y• In the event a stndene or staff member has entered
1•
into a lease of an apartment unit as provided for herein,
Chat person shall, absent good cause shown, be permitted Co
renew the lease for the unit upon terms end conditions
decerrined by Los Amigos.
C. Los Amigos recognttes that members of he student
body and College staff have a need Co lease said apartment
units for a term of less Chan one year. Recognizing this
need, Los Anigos agrees, upon request by the student or
staff member desiring Co enter into a lease for said
apartment unit, to lease said unit for a nine 191 month
lease term with rent payable in an amount per month which
results to an aggregate lease payment equal co the
aggregate leasepayment of twelve (12) month leases;
provided, however, Chat:
(1) The testae of an apartment unit leased an a
nine (9) month Cerm as herein provided shall, subject
Co the written consent of Los Amigos, be permitted co
sublease said unit for a three (3) month period
immidlecely following said nine (91 month term and
said sublease rental payments shall be for the sole
benefit of the lessee up to a maximum amount equal to
rents paid for the three (3) months the apartment was
not occupied by .the lessee and after said maximum
amount has been paid, all rents shall be for the sole
and exclusive benefit of Los Amigos; or
(Li) The lessee of an apartment unit teased on a
nine (9) month term as herein provided may elect not
co sublease acid unit co Los Amigos, and Loa Amigos
shall, in this event, make such unit available for use
by the College upon such reasonable terms and
conditions as Los Amigos may determine and 411 rents
reealved shall be divided in the following manner:
-13-
Una-half (1/21 to Las Amtgos and one-half 11/2) to the
lessee up Co s maximum amount equal Co rents paid for
;he three (3) months the apartment was not occupied by
l the lessee; end after Bald maximum amount has been
paid, all rents shall be for the sole and exclusive
benefit of Los Amigos.
4. Ctscrtc: Formattan.
ta) L.111 Amtgoa agrees to use tts best efforts co
cause the District to be Corned as soon as it is reasonably
practicable, to accordance wtth the final Servtce Plan co
be prepared by Wright-McLaughlin Engineers of Denver,
Colorado, cr other mutually acceptable engineers.
tb) Such final Servtce Plan shall be submitted to the
College for !Cs review and approval before the Petition for
tornatton. of the Discrtec is filed wLch the Courc and
before the final Service Plan is submitted for action or
approval to any local, stats. or federal government or
agency. Upon submittal to the College. the College shalt.
within fifteen (151 days, advise Los Amigos. in writing.
that it approves of the final Service Plan or that it dis-
approves stating with spectttetty the• reason(s) for
disapproval;, provided, however, chat to chs event the
College fails co advise Las Amigos in wrtcing of its
decision within the. fifteen, (151 ,day dm* period. the
College's approval• shalt be conclustvely presumed• The
College's approval shall not be unreasonably withheld; it
being the intent of the parties: that the College be given
the opportunity for input on matters which affect or
concern the College and its students and staff, its
operators' training program, its assets and property, and
the quality, quantity. dependability, and reitabit"Cy of
sewerage service Co be provided the College by Chs
District; and that Los Amigos rely on the College's
conceptual approval of the draft Plan.
-t4-
(e) In 'the event the College disapproves the final
Service Plan, the College shall cooperate with the Los
Amigos co the greatest extant possible to resolve the
Collage's concern(s) as expressed In the
disapproval. Upon resubmittal by Los Amigos of the revised
final Service Plan to the College, the procedure set forth
Ln subparagraph (bi of this paragraph she'll apply. In the
event that the College has not approved the fins' Service
Plan within either: ninety (90) days from the dace hereof;
or within the fifteen (13) day review period set forth in
subparagraph (b) which commenced before the end of the
ninety (901 day term, whichever is lacer; then this
Is) for
Agreement shall be deemed null and void and of no further
force and effect whatsoever; provided, however. that Los
Amigce shall be entitled co the benefits conferred by
paragraph 1, supra, in Che manner and upon the terms and
conditions provided for in paragraph 6, Infra.
S. Conveyance to District. The College's obligation
convey the presently existing sewage
to lease the land, together
rights-of-way, is contingent
upon
treatment facilities,
wtth
all
easements
the condition that
to
and
and
the
District assume and agree to all of the obligations of the
District and Las Amigos to the College provided for herein. It
Le expressly agreed that Los Amigos by executing this sent
does not have or agree to assume any obligation whatsoever to
. perform the obligations of the District as sec forth in this
Agreement. Upon the formation of the District and the sale end
lease Co the District as provided herein, 'Los Amigos shall
continuo to perform only the obligation sec forth in
Paragraph 3, and Loa Amigos shall be released from sit other
obligations hereunder.
6. Joint Venture. If for any reason, the District has not
been formed before the expiration of six (61 months from the
-1s-
1
1
1
1
1
1
1
1
1
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1
1
1
1
1
dace hereof, unless the parties hereto mutually agree to extend
said six (4) month period of time, the parties agree to enter
into a Joint Venture to awn and operate the then -existing sewage
treatment /facilities including chose portions of trunk sewers
located topographically below the paint where more than one
entity might have connections thereto, together with all
easements and rights-of-way
ry or convenient for the
operation thereof, and together with a leasehold estate in the
Joint Venture substantially similar to that provided for In
Paragraph 2 above. The parties hereto agree to transfer to the
Joint Venture such facilities, easements, rights-of-way, and the
leasehold estate, Ln accordance with their respective ownership
interests, within eight (ill months from the date hereof, upon
the same terms and conditions set forth in subparagraphs (2)(d)'
above, and upon the following additional conditions:
(a) The Joint Venture must agree to obtain appro-
priate connector agreements from the College and Los Amigos
and he owners of any ocher property which the Joint
Venture permits co connect to the sewage system.
(b) both Venturers must agree to cause co be recorded
to Che office of the Garfield County Clerk and Recorder
covenants! running with the land affecting the College
Property and the Loa Amigos Sewered Property. which will
e lien rights upon such property to aecure'enforcemenc
by the 'Joint Venture of Its rights under the connector
agreements provided for in subparagraph (al above. •
(cl Doth Venturers muse agree to permit the expansion
.or upgrading of the existing factit les owned by the Joint
Ventura as maybe required by the future requirements of
any applicable governmental authority or as .may be. required
to accommodate the expanding needs of either Venturer for
additional sewerage services, and to pay the costa thereof
in proportion to its then prior and future use of the Jotnc
facilities calculated in an equitable manner.
-16-
Id) Bach Venturer~ must agree that prior Co
commencement of construction for the expansion or upgrading
of the point facilities, the party or parties participating
therein will deposit LCs share of the construction costs
with a mutually agreed upon disbursing agent, to be
disbursed upon pay estimates signed by the contractor and
the.consulCtng engineer hired by the Joint Venture.
(a) Both Venturers must agree Chat the 'sires, real
and personal property and accounts receivable of the Joint
Venture shalt not be pledged or encumbered nor used in any
way to secure credit for. the Joint Venture or the parties
thereto without the prior written consent of both
Venturers; provided further that both Venturers shall
execute appropriate instruments, which shall bo recorded
with 'Che Office of the Clerk and Recorder of Carfield
County, to provide notice of the terms of this
subparagraph (e).
1. Petition for Inclusion. The College agrees not to
petition for inclusion into the Distrlct.at any time before the
expiration of Can (10) years from dace hereof; provided,
h , that the College shall be entitled to ell rights,
privileges, and benefits accorded members of the Dtstrtec or
accruing to residents or owners of real property within -the
District to the extent permitted by law.
8, Ir. the event the approval of any local, state, or
federal government or -agency is required to accomplish the
conveyances, transfers of interest, etc., necessary co implement
this Agreement, Los Amigos agrees, at its sole expense, to use
reasonable efforts to secure such.ipprovals; provided, however,
that Che.College agrees to cooperate as may be. necessary to
secure such approvals; provided further that upon the formation
of the District and the. conveyance and lease co the District by
the College, the obligations set forth Ln this paragraph shall
be the soleand exclusive responsibility of the District.
-17-
9. In the event the cl,-c required by Los Amigos to secure
or provide information, surveys, or other data make!' it
impracticable co close within the time period provided for
above,) closing shall occur as soon thereafter es Is reasonably
possible upon thirty (30) days notice to the College by Che
District that It is ready Co close; provided, however, that in
no event shall closing occur later than six (6) months from the
date hcreJf unlrss extended by mutual agreement.
10. Specific Performance. 1C Is specifically understood
and agree~1 that the rights acquired by each party hereto and by
the District ale such chat the failure of the other party to
perform l:s obligations hereunder would do irreparable harm to
the nondafaulting party, end there would be no adequate remedy
ac law. Accordingly, lc is agreed Chac, to addttlon to any ocher
equttable or legal remedies, the obligations of the parties
hereto shall be specifically enforceable by any Court of record
in ch. State of Colorado.
11. Notices. Whenever written communications are
authorized, required, or desired to connection with this
Agreement, the same shall be deemed given or made when delivered
In person, or when addressed co the party for whom intended at
the addreea set forth below, and deposited in the U. S. mail,
certified mail, return recetpc requested or ac such ocher
address a* either party may designate from time to time by
written notice given Ln accordance with this paragraph:
Colorado Mountain Junior College District
Actenulon: F. Dean Lillie, Prealdenc
P. 0. Box 1267
Glenwood Springs, CO 81601
Robert W. Chacmas
James A. R. Johnson
_Thomas E. Neat
c/o Robert Chatmas
P. 0. Box 2218
Aspen, CO 81611
-18-
IN WITNESS WHEREOF, Cha parties hereto have sec their hands
to Criplkcaee originals on the day and year first above vriccen.
ATTE
.-4 Ole O6gcrecary,
Covernln,i omm: Cue
COLORADO MOUNTAIN JUNIOR COLLEGE
DISTRICT
By
ay . . l.ltalrman,
Governing Committee
Byea;7))::1‘.12(lite, President
LOS AMIGOS RANCH P.U.D.
acm obc-Alha
STATE OF COLORADO )
, la.
County of Gd.rFte.Ia 1
&aa E. Neal
The forego ng instrument was acknowled;;ed before me Chis
�"' day of ,,uz•q„ , 1919, by DAVID J. DUNN,
a rman, Cover ing Commiccee, Colorado Mountain Junior College
District; and by DORIS A. BAILEY, Secretary, Governing
Committee, Colorado Mountain Junior College.
Witness my.hand and official Seal.
My CommisaLon expires: (V„('4 t,11)iiSa,
} _,� ��.Q
Nbeery Publ
-19-
STATE OF COLORADO )
County of ) as.
)
this The J oregoing instrument was acknowledged before me
LILLIE�— day of
Lbt �_, 1979, by F. DEAN
Witness my hand and official Seal.
My Commission expires:
STATE OF COLORADO )
County of Cirfteli ) as
The foregotnl instrument was acknowledged before me
day 01 Lime , 1979, by ROBERT W.CHATHAS. this
Witness my hand and official Seal.
My Commission expires April 11, 1983
Kv I�-�-•_
otary c
STATE OF t•f'u'''esr..w
Councy of tIC�a,T. ) as.
he
2.- Tday of forego ng natrument was acknowledged before me this
, 1979, by JAMES A. R.JOHNSON.
Witness my . a d official Seal.
My Commission expires:
C'"1.
Witngas m!
The f eg !ng instrument was acknow
day of._ , 1979, by THOS ledged me this
S E.. NEAEA.
LL.
hand and official Seal.
Hy mLesion expires: 02 _//
-20-
a ry
EXHIBIT A
to
Sewaee Treatment Services AGreemcnt
The real property described in instruments recorded
in the Office of the Clerk and Recorder of Garfield County,
State of Colorado, at:
Book 381, Page 33, Reception No. 236672;
Book 385, Page 547, Reception No. 238393;
Book 438, Pages 540-541, Reception No. 256352;
Book 500, Pages 930-932, Reception No. 280798;
Book 396, Pages 36-38, Reception No. 241439;
Book 429, Page 411, Reception No. 253336;
Book 429, Page 410, Reception No. 253335;
Book 396, Pages 39-40, Reception No. 241440;
Book 495, Page 687, Reception No. 278031;
Book 488, Pages 920-922, Reception No. 274609.
EXHIBIT
To
Sewage Treatment Services Agreement
A parcel of land situated in part of Government Lot
4 in Section 8, Township 7 South, Range 88 west of
the Sixth Principal Meridian, Govrn
emetLets
4and 66
of—Section 6 in said Township gnSection
of said Township and Range, and Government Lot 7 and Lhe
SC:5E4 of Section 32, Township 6 South, Ranee 88 West of
the Sixth Principal Meridian, and Government Lote 18
and 19 in Section 33 of said Township 6 South, Range 88
West. Allin the County of Garfield, State oC Colorado.
Said parcel lying westerly and northwesterly of the
"Westerly Line' of County Road Number 114 (College
Road) as described in Document Number 274609 (being Book
488, Page 920) as on file in the Garfield County Record:::
(NOTE: The bearings on said 'Westerly Line" have been
rotated for this description 00'12'12' right to match
basis of bearings) northeasterly, in.pact, of the
centerline of a 30.00 foot sanitary sewage trunk line
easement. Said parcel being more particularly
-described. as follows:
Beginning at the Northeast Corner for said Section 8,
a stone corner, found in place, and properly marked;
thence N. 09'41'40" E. 1134.05 fcct to a point on
said "Westerly Line" of County Road Number 114, said
point being also on the easterly line of said Section 5.
the True Point of Beginning; thence, leaving said
easterly line, 5. 72'19'48" W. 613.04 feet along said
"Westerly Linc"; thence S. 64'22'32" W. 392.30 feet
along said "Westerly Linc"; thence 5. 44'10'50' W.
132.G5 feet along said "Westerly Linc'; thence S. 32'
19'12" W. 1473.78 feet 1473.78 fcct along said 'Westerly
Line"; thence S. 15'10'20" W. 144.01 feet Tong said
--"Westerly Line": thence S. 03'24'30' W. 276.16 feet along
said "Westerly Line" to a point on the centerline of
said 30.00 Coot sanitary sewer trunk line casement:
thence, leaving said "Westerly Linc", N. 62'02'06" W.
76.11 feet along said centerline; thence N.68'42°34"
W. 284.75 feet along said centerline;
thcncc 12'44' W. 392.49 feet along said centerline: thence
N. 03'45'18" E. 222.69 feet along said centerline;
thence N. 17'45'09" W. 310.70 fect along said
centerline; thence N. 43'05'32" W. 228.37 feet alone
said centerline; thence N. 54'43'45' W. 277.91 feet along
said centerline: thcnce along said centerline along a
.curve to the left. having a radius of 356.04 feet and
a central angle of 34"12'04', a distance of 212.53
feat (chord bears N. 78'S7'54" W. 209.39 feet) to the
point of terminus oC said 30.00 foot easement centerline_:
111
1
thence, leaving said centerline S. 73'08'00" W. 440.00 feet;
thence N. 27'41'00' W. 1970.00 feet: thence ::. 00'13'00" E.
320.00 feet: thence N. 79'25'00' W. 360.00 feet: thence
N. 47'10'00" W. 14)0.-00 feet: thence N. 62'18'00" W. 970.00
feet; thence N. 10'3:'00' E. 470.00 feet: thcncc N. 72'00'00"
E. 720.00 feet; thence S. 35'35'00' E. 1G20.00 feet: thence
N. 32'06'00' E. 2150.00 feet: thence 5. 4)')1'00' E. 890.00
feet: thence S. 22'1V'00" E. 840.00 feet; thence 5. 89'41'00'
E. 430.00 feet; thcncc N. 16'37'00" E. 1724.19 feet to the
northerly line of said Section 5: thence 5. 89'43'ZC" E.
620.25 feet alone said northerly line to the southwesterly
corner of the SEi:SE4 of said Section 32: thence leaving said
northerly line N. 01'48'29' E. 2601.65 _feet alone, the westerly
lines of said SE4SC4•and Government Lot 7 of said Section 32:
thence, leaving said westerly line S. 89'00'23" C. 139.01 fret .
along said Lot 7 boundary; thcncc S. 01'41'27' W. 475.48 fret
along 'said Lot 7 boundary: thcncc S. 87'15'05" E. 1179.22 feet
along said Lot 7 boun4ary: to a point on the easterly Lines
of said.Section 32; thence S. 01'14'01" W. 2073.04-fect along
said easterly line to the Southeast Corner of said Section 32:
thence, leaving the easterly line of said Section 32, S. 00'04'37'
W. 2685.36 feet along the easterly line of said Section S
to the East Quarter Corner of said Section 5: thcncc 5. 00'
32'12' W. 1445.52 feet along the easterly line of said Section
5 to the True Point of Beginning.
Also including all of Government Lots 18 and 19 of Section
33. Township 6 South, Range 88 West of the Sixth Principal
Meridian.
Save and except all those lands as describcd.in Document
: Numbo -256352 (being Cook 438 at Page 5401,as on file in th' Garfield
County records, which lie within the above described parcel.
Said parcel containing 529.66 acres, more or Icss.
;i
EXHIBIT C
To
Sewage Treatment Services Agreement
The real property described on Exhibit B to Sewage
Treatment Services Agreement, excepting therefrom the following
described real property:
A parcel at land.situated to reset of vera .•nt' 1.. t-. t.. Ir.. .....1
11 in Secetun 5. T.•snahlp 7 S.uth. t:an,:r d9 :.••.t .f tl.. ::I •t 1.
�princtpal !1.•rlJlan. to the County of Garfield.. S'.it. .•f !..•t..r...t...
'Said parcel lying northwesterly of .t;..• n.•rth.e• t••rl. rl;let-uf-w:.y
line for County Road K!.mhrr 114 (Collar.- :••a.:l . i.. in,; )“.64 I•• t
frog and parallel to the centerline of said Cuur.:r fivad ..:.
constructed and In place. Said parcel be:ni: e.•r.• a.trttrul+.rly
described as -follows:
Beginning at the Northeast Corner of Str:l.•n R In ward
Township and Range, a stone corner foun.! in ?lace :nd ; rup.:rl y
marked; thence X. 60'02'19" W. 1043.SS fee: tc a ;•utnt ..n wal4
northwesterly right -o[ -way Line. the Tru....Antnt :f Berienh L; .
thence, leaving amid right-of-way tins. 5. �9't!5'G=" l:. )l.6.ts7
feet; thence S. 72'41'46" V. 501.54 fret: thence N. 15'Itt'46" l:.
189.18 feet; thence :t. 72•)7'•24" C. 292.91 fret; th.•nr.• N. 51'
46'16" E. 989.84 feet; thence 5. 75'44'45•' E. 51,•.14 fart t.. a
paint on said northwesterly right-of-way line: ti..•n.:e r. 47'•.',
48" V. 103.37 ft•et.along maid right-.of-w•.r.l•tne; :h.nr. ).7.7', f.•.t
along the.arc of a curve to the left along said right-..f-v:.•t
having a radius of 555.15 feet and a eherd ::'.i. -I• !.ear:. S. 4's.
35'54" V. 346.87 feet: thence S. 11'21•51"7. 1n:..1 [ret ut..nt.
said right-of-way line to the True A_IBS nf•
1.•Zlnnlr.r.
Said pareel_contatnLng 14.61 acres. melte nr_1s••%
APPENDIX B
SOILS INVESTIGATION REPORTS
I• . ASK. Or TIC(
. P 0 201 COI*
CI ASPCN COl7RA0O Ot/11
1LCNWOOO11PR1NG1 OPr1CC
PO 2OX 1211
(NWOOO SPRINGI C01.04•00 •1401
,7lAMP0X1 OPTIC(
PO OOP 127'I
STCAMOOAT V11. I.1GC. CO4014AOO 4011ri
SANTO On11nlG0 OP rIG(
WRIGNT.MCIIA WATCH (NGIN(CPS
)4 2'.1 ANTIGUA COPR(TCRA OUARTC
TO DOMINGO, DOMINICAN RCPU•I.IC
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
TO:
FROM:
DATE:
WRIGHT WATER ENGINEERS, INC.
ENGINEERING CCM ULTANTS
2420 AI.0O2T /T*(CT
OtNVCR. C04O04OO 20111
110] 1 40P.4201
John Hopkins
Dick Johnson 0111n.
May 18, 1979
Glenwood Springs
Tel. 945-7755
MEMORANDUM
MTNM(TN R wR10)41
w11.11AM 1. IOP AN
R1131(1 l ( 0400
P MOOT RT M.GR(GO*
1. T0P 1
w Det RT D.
SUBJECT: Los. Amigos/CMC - Proposed Land Treatment Site
The purpose of this memorandum is to summarize studies and findings regarding
hydrologic aspects of the proposed Los Amigos/CMC land treatment project. The
proposed site is located in the NW* of Section 9, T7S, R88W, 6th P.M. Existing
facilities at the site include two treatment lagoons approximately 120 feet
by 120 feet each.
SOILS/GEOLOGIC INFORMATION
Existing and published soils and geologic literature has been reviewed for
pertinent, site specific information.
Generally speaking, site geology consists of unconsolidated surficial deposits
overlying basalt bedrock formations. The unconsolidated surficial deposits
are characterized as older alluvial materials transported by water and/or
ice. These deposits vary from boulders to clay sized particles. The under-
lying basalt bedrock commonly exhibits columnar jointing and is vesicular.
Quite.often the bedrock surface is fractured.
Limited soil profile information is available from the USBR Basalt Project.
Records on file indicate that two project test holes were drilled in the NWS
of Section 9, with .the following logs:
AP -45, NWS, Sec. 9,
Depth (feet)
T7S, R88W
Description
0-2— Red clay loam, granular structure
2-4 Red, heavy clay loam, weak granular to massive,
fair permeability
4-9 White/pink clay loam, moderately dense and
fair to good permeability, very high lime,
basalt rock
9 Refusal - basalt bedrock, dry hole.
Subsurface drainage good; test hole apparently located on hillside
13% slope.
compact,
some
with
Memo -John Hopkins
May 18, 1979
AP-46, NW, Sec.;9, T7S, R88W (June 23, 1976)
Depth (feet) Description
0 - 0.25 Brown clay loam, weak granular to massive,
moderately compact
0.25 - 6
6 - 10
10-15
15-16.5
16.5 - 21
21 - 2 4
24
-2-
Gray/brown clay, massivestructure, moderately
compact, fair permeability
Red clay loam, massive, moderately compact and
dense, fair to good permeability
Red, heavy clay loam, massive, compact and dense,
fair to slow permeability
Mottled, white/red clay loam, massive, moderately
compact and dense, fair to slow permeability,
some lime
Red, silty clay loam, massive, compact and dense,
slow permeability
Mottled, red/white silty clay loam, massive, compact,
and dense, high lime, slow permeability
Stopped in soil material, dry hole
The Soil Conservation Service previously classified site'soils as an unnamed silt
loam (mapping unit 70) and Jodero loam (mapping unit 52). According to recent
information, the SCS is in the process of re-examining previous, tentative
classifications in the area. However, the tentative results provide some
information regarding characteristics of the near surface soils. The following
is a summary .of pertinent information from survey data:
(52) Unnamed silt loam
o moderate permeability (0.8-2.5 inches/hour)
o loam classification; 7-27% clay, 28-50% silt
o -high organic matter content
o erosion hazard on bare, steep slope would be high
(70) Jodero loam
o moderate permeability (0.8-2.5 inches/hour)
o loam classification; 7-27% clay, 28-502; silt
o clay loam classification; 27-40'l; clay
o cropland and hayland uses
Recent (April 22, 1979) site investigations by SCS personnel have provided the
following summarized soil information:
Memo -John Hopkins
May 18, 1979
1. Surface soil is dark brown to very dark brown silty clay loam
to clay loam about 28 inches thick.
2. Subsoil is clay loam to heavy clay loam about 19 inches thick.
3. Underlying material is heavy clay loam.
4. Calcium carbonate detected about 28 inches in depth.
-3-
5. Permeability is estimated as moderate (0.6 - 2.0 inches/hour) to
moderately slow (0.2-0.6 inches/hour)
6. Roots were found to 60 inches.
7. Soil is considered deep and well drained.
Based on the above, it is apparent that soil permeability is rather slow,
ranging from 0.2 to 2.0 inches/hour. Conservation personnel felt that site
soils were, in general, good soils for irrigation and raising crops. Also,
it is expected that the underlying fractured basalt bedrock aids in draining
the profile.
SUBSURFACE INVESTIGATIONS
Subsurface investigations were initiated by Wright Water Engineers/Wright-
McLaughlin Engineers during Spring 1979. On April 25, 1979 Lincoln-DeVore
drilled five exploration holes on the proposed site and installed piezometers
in three of the test holes. Table 1 is a summary of the soil profile logs as
defined by Lincoln-DeVore personnel.'
No special laboratory analyses have been performed on soil samples collected
during the exploration phase. However, samples will be retained at the labora-
tory for approximately three months in the event special tests are required.
•Natural moisture content of soil samples was determined in the laboratory, and
were reported as follows:
Moisture Content (Wn in %)
Depth 1 2 3
0-5 10.2 22.2 20.8
5-10 33.4 16.0 12.5
10-15 13.9 19.4 ® 11.9
15-20 13.8 16.8 10.8
20-25 20.8. 10.9 13.7
25-30 16.6 16.0
30-35 15.5
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
SUMMARY -.LINCOLN DeVORE DRILL LOGS
1
4-
L
U 10
C
(0 >. — a)
Q 1 — > a)
O - co L
�tn L L
C ,+ . Q1 (0 X
O >-' T. a) •-
m >- R 3 1-
.1...1
i+ 0 - U d y E
0
U u C i y 4-1 CO >'•
(0 In (0
0 ;1 J . ;n (fl m U
TEST HOLE 1
O
D
N to a1
M r,1
1 1 1
Vp N Lel
M
>.
• k- -to
U 4- a)
U L
O a)
4.1inIn L y
C - 10 X
Ovt01 a) —
>- O N 3 L
l+ + — L . L L
— U 0 (0 C - (0
c a) 4 E
L O C >. .0 01 f0 >.
11 til RIC C L CO N (0
to O. IT — • L CO —
0I.". O V) 0 4- ca v
.0 \O _M
r..+
1 1
a) 0 'D
0
O
L11
M
N
.t
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•
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(0 fp L L (0
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— U —L U U L
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L O C U 4.1 4-. >. 0 — 4..+ .—
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-4-
'Memo -John Hopkins
May 18, 1979
-6-
The soils in general ,appear to have excellent characteristics from a waste-
water treatment standpoint. Sufficient clays are present in profile to provide
final effluent treatment by adsorption, fixation, and filtration. Also, organic
matter content is fairly high (about 1+%), which will add to soil fixation
capability.
Infiltration characteristics of the soil are more difficult to deal with. Current
monitoring of piezometers near the existing lagoons indicates that a ground water
mound has not developed at the site. Seepage from the lagoons may be insufficient
to create a "free" water situation. On the other hand,seepage from the ponds
may be percolating into the fractured basalt bedrock rather than spreading later-
ally and building up a mound.
Based on the recent percolation tests and SCS data, it appears that 0.2-0.5 inches/
hour may be an acceptable range for design infiltration rates. A system designed
on this basis should not be refereed to as "rapid" infiltration, but rather
"infiltration -percolation". Based on this range of infiltration, the following
treatment area is required:
Infiltration Rate
0.2 inches/hour
0.5 inches/hour
Required Spreading Area (acres)
@ 55,000 gpd @ 250,000 gpd
0.42 1.9
0.17 0.77
Additional design information regarding infiltration capacities can be gained
by observing the operation of the two existing. lagoons. It is my understanding.
that the second lagoon never reaches capacity and overflows, and at times flow
is insufficient to pond water in the second lagoon. However, on May 14 both
lagoons had ponded water. The May 1979 Service Plan indicates that current CMC
flows are about 32,000 gpl. It is assumed that the bottom surface area of each
lagoon is about 14,400 ft , Based on these assumptions, additional infiltration
capacity information is as follows:
2 Infiltration Rate (inches/hour)
Infiltration Area (ft )
14,400 (1 lagoon) 0.15
28,800 (2 lagoons) 0.08
Under actual operating conditions, the lagoon bottom area may have become partially
sealed from the build up of sludge deposits over the years. Also, the above
calculations do not take into account evaporation from the water surface, which
will be minimal during winter operation.
From all the above information, it seems reasonable to assume a conservative
design infiltration rate of 0.2 inches/hour for the percolation basins, provided
that bottom sludge deposits. can be minimized2 Based on 0.2 inches/hour, Ipreading
basin area required would be about 18,000 ft at 55,000 gpd and 40,000 ft at
125,000 gpd.
Memo -John Hopkins
May 18, 1979
-7-
I would recommend that lagoon seepagr losses be monitored under Phase 1 to
determine acutal measured losses. This can be done by installing a staff
gage in the lagoon and metering inflows. It would be preferable to monitor
during the winter time or during minimal evaporation.
RQJ:ep
792-32
M A, P 1
?ER.WLATI o til T6__ -T PIT - A
w` is 4AT WATSR. EI16i14EF- .
ScJ/t rro/ Ems/
T.v-J
THE LINCOLN- DeVORE TESTING LABORATORY
Puebla Glenwood WYOMING: Rock Springs
COLORADO* Colorado Springs, ,
tea., �,.,s — ,ry...��
a/i��9s.. CO c .. a . .. .- .
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL•CONSERVATION SERVICE
r. Colorado P1(.02
r. Q. Box 880, c;lr',ft-•oo<. . -loin?•
•To',nson
r'rtrht r.Tnter Er.^inners
818 Colorado Avcrtie
rlerr,nod C loin? -s. rolorado x3601.
'.a.. 14. ln79
Pear P{ cl_,
rt,e follot'inn is a summary of the soil conditions found durirr m•'
Inv, ti?ation on. Prr .l 22, 1179:
Location: on Car''ondale nuaciranrl c -
Sctctinn
9, - "T of '^'a-� due south of rolorado
�
lintantain C•nllepc ^r.,'a^c' larocrs
rli,ysin?-ranhi.c rnsition: Valle'? 1,ettnrs and fi11in' area: '.*hem
alluvial deposition *,Dula be common
Slone:
in to 12 rnrcent
(:onerz1 Vn on: "ountair carr (A.. triderrata), scattered
.. � etnt �
lo" rabbithr. ish, Fraser and forks .
Tentative Classification: fine -loamy, mi=ne. Pachi.c Arribrroll
This is a deer, woll drained soil.
Thr surface soil is dark bro*.•m to ver„ dar'- brown n_lt'r elm, loan to
cla,r loam about 2" irchr's thick. The Subsoil is clay loan to henyv clay
loans about 10.. inches thick. The unc rl•iinr material in henvv clay- ln:.n
to cla,r .c::tpnc'1 n,^ tort(' 1 incher:i,vdroctaloricdactd)in carbonate ,..ms
2P iected
nches
(by use of -ca•. (O.T ) dilute stnrtirr at
�•i Chi *, the subsoil. ui ni bl e limn is present in root channels
•
53 inches. Also at this depth, clay filion ray' found on structural
nresnure faces.
The prrmeabi.l.ir.f of this
soil is estimated ns rociarnte (0.6 - 7.(1 inc'.ics/hour)
to moderately slot., (0.2 - 0.6 inches/hour) hosed anon the tn::turc of the soil
profile. roots )'ere found to rC inches.
At the present time, this soil has not been officially classified. rrr has
� series. "i t',;.n the been correlated as a net.: series or ,..,tttt a recd,n i z d
area examined, the soi1 apnears to he itnifnrn ,-i t'' respect to r tnr:actrris—
tics and units of, caistrihtitinn. nn tho north it is bounr?rd b„ a senor.
basalt covered soil predominated an venetati.nn by pin -nn nine and Uta't.
iuniper. On the south in another sten, snil with ,,rnetatinn similar to
0
:r. Die Jol'n,,n^
_2— `j;tv 1t, 117n
that found on thr_/val]n^ floor. :he soil of intertnt: it foun(Lin n narrrn,
b u,? . ?0}-6O0 feet ••i'2c, on thr vallet, floor. Tt 4 :u-.r.ured that it •,in
denosi tee alonr an car' Stream course.
This is the e: -tent rf ',hat T foiled clitrin n•• fie] e7nnin.itinn. TF
. should reeui re `urther assistance, n1 c'.aGc• feel free to contact us.
sincerely.
Pau] A. ra"
5ci.enti,t
reit
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Lincoin DeVore
1000 West Fillmore St
Colorado Sonngs. Colorado 80907
(303) 632-3593
Home Office
Sundesigns
13151 Grand Avenue
Glenwood Springs, CO 81601
Attn: Ted Robinson
Re: File No. GS -1007
CMC Sewage Lagoon
Garfield County, CO
May 17, 1979
Gentlemen:
At your request, Lincoln-Devore personnel have drilled five
test borings at the above -referenced location. The approximate
locations for these test borings are given on the enclosed
diagram. Logs of the test borings are included with this letter.
Field piezometers were installed in Borings 1, 2, and 3. For
each.of these three borings, an additional boring was made
adjacent to ead-t boring, in order -to ensure that actual refusal
on*bedrock was encountered, rather than apparent refusal on an
isolated boulder. In Test Boring 1., initial refusal was en-
countered at 30 feet depth, and second refusal at 40 feet depth.
In Test Boring 2, initial refusal was encountered at 21 feet,
and second refusal at 23.5 feet depth. In Test boring 3, initial
refusal was at 37.5 feet depth, and second refusal at 39 feet
depth. Borings 4 and 5 were located in proposed treatment areas,
and no piezometers were set.
Descriptions of the various strata encountered are shown on the
enclosed logs. The descriptions and classifications were on a
visual basis, and no laboratory classifications hgve been per-
formed. Actual laboratory classifications may differ slightly.
Samples have been retained by the Laboratory and additional
testing can be performed if desired. These samples will be kept
for a minimum of 90 days past the date of this letter, unless
otherwise requested. Moisture tests were performed on samples
from Borings 1, 2, and 3; and moisture percentages are shown on
the logs for these borings, to the right of the sampling points.
2 Huc)nway 50 West
P lo. Colo 81003
(3 546.11;0
P 0. Box 1427
Glenwood Springs,Colo 81601
(303)745.6020
109 Rntrrmw,t Plaza
MonhJOSR, Colo 81401
(303) 249.7838
P 0 Box 1R92
Grand Junction, Colo 81501
(303) 242.8968
P 0 Box 1643
Rock SPfIIXts. Wyo 82001
(307) 382-2649
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,Sundesigns
May 17, 1979
Page 2
We hope this has provided the information you desired. If
questions arise or further information is desired, please feel
free to contact our office at your convenience.
Respectfully submitted,
LINCOLN-DeVORE TESTING LABORATORY, INC.
By: �� 074Q
Robert L. Bass
Civil Engineer
RLB/vfb
E.risli;r9
.1-0'0Mf
7w3
rH-'
7,4'-J
Tas/ .50/1;19 .000J//Oi7 Oisyrr, r+
.Gag oa-ss G/f r.. sod Syins cd
THE LINCOLN- DeVORE TESTING LABORATORY
COLORADO' Colorado Springs, Pueblo, Glenwood WYOMING Rock Springs
Springs, Montrose, Gunnison.
ITOLE N°•
'OSP E,L4 VAT10 N
Z
15
i
.1 -
DRILLING
DRILLING LOGS
3
1
si,►r 1,
Scl/!,-cof
Ge-wc/
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LINCOLN
DeVORE
ENGINEERS'
GEOLOGISTS
COLORADO: COLORADO SPRINGS,
PUEBLO , GLENWOOD SPRINGS ,
GRAND JUNCTION , MONTROSE .
W'ONING: ROCK SPRINT -9
T T :HOLE Na•
TI ELEVATION
1
Gry�w:e.
L/r. see/
"i.r e4
/y.
444# .rt/t's4
-11
DRILLING LOGS
LINCOLN
DeVORE
ENGINEERS'
REnLOGI5TS
10
15
20
25
35
40
COLORADO: COLORADO SPRINGS,
PUEBLO , YLENWOOOi,ICNTROGS ,
PRINGS .
GRANO JUNCTION ,
wyoMING: ROCK 5^RINGS
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M4Y 2 4 1979
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
P.O. Box 880 Glenwood Spring:, Colorado 81601
►t May 23, 1979
Mr. Richard D. Johnson
Vice President - Water Resources
Wright Water Ehgineer:3, Inc..
P.O. Box 1286
Glenwood Springs, Colorado 81601
Dear Mr. Johnson:
Here is some information concerning crops and.irrigation on the C.M.C.
property near the sewage plant. 20 acres of alfalfa requires 108 gpm
continuously during the peak consumptive ustl period (mid summer). In
full operation you will have 174 gpm available. The amount of water
you have'access to. will irrigate 32-33 acres of alfalfa adequately.
(See pages 2 & 3). If the alfalfa is watered excessively, a problem
with wet foot disease may.arise. It must be kept in mind that. the
crop will require 108 gpm only during the warmest part of the summer.
Spring and Fall consumption will be less.
I think it may be possible to use all the available water on alfalfa
as long as it is possible to let the alfalfa dry out once in awhile. .
Utilization of.all the water would involve irrigating .5 acres/setting
instead of .32 acres/setting, at the same -application rate of .75"/hr.
With this system it would take 15.5 days to get through 20 acres. It .
is important that the system allows for periods.up to a week in length
that the water can be. shut off. These periods will be needed for
.harvesting and during rainy periods.
The • other suggested crop is Garrison Creeping Foxtail. It is a water
tolerant grass that produces high quality hay. Irrigated with.174 gpm
(20 acres) with the same system as forementioned for alfalfa, , the . grass .
should produce well. • .
-
If .you need any further information on things such as seeding rates,
crop management, etc:, please feel free to contact me.
Sincerely,
Ed Neilson, Jr.
Soil Conservationist
EN/te
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Water - 250,0001gal/24 hrs. - 1'13.6 gpm
0
Soil - unnamed, is a fine, silty Pachic ArgiBoroll similar to
Vale Silt Loam.
Intake family 1.0 Group 12
Climatic Zone 5
Slope 3=6%
Irrigation - Sprinkler System Solid Set - 80% efficiency
Acres - 20
Crop Alfalfa - water 6.0 ft. deep
Soil saturated holds 11.2" - Field Capacity
Wilting point @ 50% of field capacity = 5.6"
Peak Consumptive Use is .23"/day.
So replace 5.6" every.(5.6" - .23") 24 days
80% efficiency - so must apply (5.6 -.80) -
Maximum Application Rate 1"/hr.. design for
7"- .75"/hr. = 9.3 hrs/set
Water Requirement
Peak Consumptive Use x acres = .23 x 20
Efficiency x 24 .80 x 24
.24 x 450 = 108 gpm
7"
.75"/hr.
= .24 cfs
Alfalfa - watered 4.0 ft. deep needs same amount of water, but
need to get through field every 21 days instead of 24 days.
3.
Area/Set
Watering: -to six ft. = 20 (24 9.3) x 24 = .32 acres/set
Watering to four ft = 20 : (24 6.33) x 21 = .25 acres/set
With 173.6 gpm you could adequately irrigate
.23 • X = .386 gpm Solve for X = 32.2 Acres of Alfalfa
.80 x 24
APPENDIX C
CAPITAL FINANCING PLAN
PREPARED BY HANIFEN, IMHOFF & SAMFORD, INC.
Hanjfen,Imiwff&Samfird, Inc.
624 11TH STREET • DENVER. COLOR/100 50202 • 13031534-022
925 91)4 AVENUE • GREELEY.COLOIIA00 90631 • 13031356.4774
P 0. S0`t 324 • GLENW000 SPRINGS.L0L0PA00 51101 • 13031 945.5223
325 NORTH MAIN. SUITE 300 • WICHITA. i(ANSAS 57202 • 13151264-3195
1
July 9, 1979
1
\Tr. fb,burt W.Chatmas, D.D.S.
Partners at Los Amigos Development
Garfield County, Colorado
1 Dear Mr. Chatmas:
I have prepared the attached Capital Financing Plan for the proposed Spring
Valley Sanitation District. • I have received construction estimates from
1 Wright -McLaughlin Engineers for three phases of construction to include the .
financing of the internal lines of the sewer system. I have received
estimates from Willson & Lamm, Bond Attorneys, for their fees to establish
' the District, prepare official statements and render tax opinions. I have
included a 3i% underwriting.discount as agreed upon by our contract. One
.year's capitalized interest at a rate of 8% has been included in the bond
1 .issue. It is proposed that there be two bond issues: One in 1979 for
$1,180,000 and one in 1983 for $440,000. It should be noted that all
estimates are in 1979 dollars and the interest rate assumed for all bonds
11is 870. Inflation is likely to cause an increase in the 1983 .bond issue
and interest rate, thereby requiring the need for a slightly higher tap
.fee. The engineering estimates exclude any construction estimates for the
I annexation of the Lake Springs area. These numbers are used to determine
the financial feasibility of the project. The same numbers are not to be
• - - , considered maximum bond .issue amounts to be voted upon by the electorate of
the District.
1 I am proposing a fifteen -year level debt service for each bond issue. Any
•
fund balance'to be generated will be reinvested at a rate of at least 8% for
II use in..repaying debt service. The assessed value is estimated at 20% of the
projected market value in 1979. This is based on the County Assessor's
estimates of the relationship of market to assessed valuation. The 1979
market value estimate of property to be built within the District is based
U on the developer's estimates. Operation expenses are excluded from this
Capital Financing Plan along with any revenue expected to be generated by
• a monthly service fee. This Capital Financing Plan is designed to repay.
IIproposed debt service frau tap fee charges and a mill levy.
Assuming growth will proceed as projected by the developer, a tap fee of $4,000
must be imposed plus seven mills of property tax on the assessed valuation.
1 If all of the above-mentioned assumptions are correct, it is my opinion
that the attached Capital Financing Plan demonstrates the financial
1
MEMBER NEW YORK STOCK EXCHANGE, INC.
rdnifen,armhoff& Samford, Inc.
Mr. Robert W. Chatmas, D.D.S.
July 9, 1979
Page TWo
feasibility of this project. I believe we have been sufficiently conservative
in these projections to insure the ultimate financial success of your proposed
District. It is my estimation that the creation of the proposed Spring Valley
Sanitation District is financially feasible and, through proper and conscientious
administration, has excellent prospects of becoming a successful district.
•
Sincerely,
iiArlI,
INC.
Thomas R. Bishop
TRB:deh
Attachment
$880x0 00000000$0003
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Han fen,linhafj`& Sanjord,Inc.
624 17TH STR91T • 0 P4VER, COl0RA00 00202 • (3031 334-02,1
7::.a 11N AV?NUr. • 0681L3Y. C OL'XRAOO 80631 • 13031 316.47 a
CO* 324 • ,I 4W000 SP•11NL7i. COLORAOC: 61901 • 13031 943 94:3
321 NORTH MAIN. SUITE 300 • WICHITA, KANSAS 67203 • 13161266•3196
PROPOSED SPRING VALLEY SANITATION DISTRICT
' GARFIELD 00UN rY , COLORADO
CALCULATION OF BOND ISSUES
(WITH INTERNAL LINES)
i
1979 Bond Issue:
Phase I Construction & Engineering $ 362,000
Phase II Construction & Engineering 664,100
Bond Attorney:
' Establish District 2,500.
Prepare Official Statement 9,000
Render Tax Opinion 5,000
Printing Official Statement 2,000'
Printing Bonds 500
' Underwriter's Discount (31%) 41,300
Capitalized Interest (one year at 8%) . 93,600
Total 1979 Bond Issue
:1983 Bond Issue: •
Phase III Construction & Engineering
' Bond•Attorney:
Prepare Official Statement
Render Tax Opinion
1 Printing Official Statement
Printing Bonds
Underwriter's Discount (31%)
II�-Capitalized Interest (one year at 8','a)
Total 1933 Bond Issue $ 440,000
$1,180,000
.3.72 ,100.
9,000
4,000 ' •
2,000
500
15,400
37,000
TAB:deh
' 7/24/79
1
MFM R<<7
•J C 1A/
YCIPK PTr+r IC
Cvra.AN.'C
1 NI r'
I , •
farigen,Iirdze& S ,117,0.
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$1,180,000
PROPOSED SPRING VALLEY SANITATION DISTRICT
GARFIEZD COUNTY, COLORADO
BOND ISSUE DATED DECEMBER 1, 1979
Principal and Interest Payment Schedule
Principal Coupon Interest Interest Yearly
Fear (12-1) Rate (6-1) (12-1) Payment
1(980 $ 45,000 8.00% $47,200.00. $47,200.00 $139,400.00
981 45,000 8.00% 45,400.00 45,400.00 135,800.00
982 50,000 8.00% 43,600.00 43,600.00 137,200.00
1983 55,000 8.000 41,600.00 41,600.00 138,200.00
11 0'0 984 60,000 8.0 39,400.00 39,400.00 138,800.00
985 65,000 8.00;b 37,000.00 37,000.00 139,000.00
1986 70,000 8.0070 34,400.00 34,400.00 138,800.00
87 70,000 8.000 31,600.00 31,600.00 133,200.00
88 85,000 8.00% 28,800.00 28,800.00 142,600.00
19S9 85,000 8.001 25,400.00 25,400.00 135,800.00
1(990 95,000 8.00% 22,000.00 22,000.00 139,000.00
991 • 100,000 8.001 18,200.00 15,200.00. 136,400.00.
992 110,000 8.oal 14,200.00 14,200.00 138,400.00
993 115,000 8.00"% 9,800.00 9,800.00 134,600.00
130,000 • 8.00% 5,200.00 5,200.00 140,400.00
1
1otes:
(1) Coupon Rate represents an estimate in 1979 dollars.
,(2) Estimated Maturity Schedule based on a 15 -year level debt service.
'fl-dh
7/24/79
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IHail('
n, I7}'u`'& 'ar311:1, Inc.
491
1
$440,000
PROPOSED SPRING VALLEY SANITATION DI51RICT
GARFIELD COUNTY, COLORADO
BOD ISSUE DALJ.) DECEb8ER 1, 1983
Principal and Interest Payment Schedule
1
Principal Coupon Interest Interest Yearly
1 Year X12-1) Rate (6-1) (12-1) Payment
1984 $17,600.00 $17,600.00 $35,200.00
1985 17,600.00 17,600.00 35,200.00
1 1986 $20,000 8.00 17,600.00 17,600.00 55,200.00
1987 25,000 8.00% 16,800,00 16,800.00 58,600.00
1988 20,000 8.000 15,800.00 15,800.00 51,600.00
111989 25,000 8.00", 15,000.00 15,000.00 55,000.00
1990 30,000 8.00% 14,000.00 14,000.00 58,000.00
1991 30,000 8.00;', 12,800.00 12,800.00 55,600.00
111992 35,000 8.00,% 11,600.00 11,600.00 58,200.00
1993 35,000 8.00% 10,200.00. 10,200.00 55,400.00
1994 35,000 8.00`0 8,800.00 8,800.00 52,600.00
1995 40,000 8.00`'c 7,400.00 7,400.00 54,800.00
I1996 45,000 8.00% 5,800.00 5,800.00 56,600.00
1997 50,000 8.00`,'0 4,000.00 4,000.00 58,000.00
1998 50,000 3.00 2,000.00 2,000.00 54,000.00
Notes:
II(1) Coupon Rate represents an estimate in 1979 dollars.
(2) Estimated Maturity Schedule based on a 15 -year level debt service.
II TRB:deh
7/24/79
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APPENDIX D
LEGAL D,ESCRIPTION'
of the
SPRING VALLEY SANITATION DISTRICT
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SPRING VALLEY SANITATION DISTRICT
LEGAL DESCRIPTION
A parcel of land situated in part of Government Lot 4 in Section
8, Township 7 South, Range 98 West of the Sixth Principal Meri-
dian, Government Lots 4 and 6 of Section 6 in said Township and
Range, Section 5 of said Township and Range, and Government Lot
7 and the SE;SEh of Section 32, Township 6 South, Range 88 West
of the Sixth Principal Meridian, and Government Lots 18 and 19
in Section 33 of said Township 6 South, Range 83 West. All in
the County of Garfield, State of Colorado. Said parcel lying
westerly and northwesterly of the "Westerly Line" of County Road
Number 114 (College Road) as described in Document Number 274609
(being Book 488, Page 920) as on file in the Garfield County
Records; (NOTE: The bearings on said "Westerly Line" have been •
rotated for this description 00°12'12" right to match basis of
bearings)• northeasterly, in part, of the centerline *of a 30.00
foot sanitary sewer trunk line easement. Said parcel being more
particularly described as follows:
Beginning at the Northeast Corner for said Section 8, a stone
corner, found in place, and properly marked; thence N. 09°41'40"
E. 1134.05 feet to a point on said "Westerly Line" of County Road
Number 114, said point being also on the easterly line of said
Section 5, the True Point of Beginning; thence, leaving said
easterly line, S. 72ul9'48" W. 613.04 feet along said "Westerly
Line thence S. 64°22'32" W. 392.30 feet along said "Westerly
Line"; thence S. 44°10'50".W..132.65,feet along said "Westerly.
.Line"; thence S. 32°19'12" W. 1473.78. feet along said "Westerly
Line"; thence S. 15°10'20" W.'144.01 feetalong said "Westerly
Line"; thence S. 03°24'30 W. 252.65 feet along said "Westerly
Line" to a.point 15.00 feet southwesterly of the centerline of
said 30.00 foot sanitary sewer trunk line easement; thence,
leaving said "Westerly Line" along the southwesterly easement
line of said 30.00 foot easement whose centerline is.described.
as follows: thence N. 03°24'30" E. 16.49 feet along said "Wester-
ly Line" to the point .of beginning; thence, N. 62°02'0.6" W. 76.11
feet along said centerline; thence N. 68°42'34" W. 284.75 feet
along said centerline; thence N. 28°12'44" W. 392.49 feet along
said centerline; thence N.' 03°45'18" E. 222.69 feet along said
centerline; thence N. 17°45'09" W. 310.70 feet along said center-
line; thence N. 43°05'32" W. 228.37 feet along said centerline;
thence N. 54°43'45" W. 277.91 feet along said centerline; thence
along said centerline along a'curve to the left, having a radius
of 356.04 feet and a central angle of 34°12'04", a distance of
212.53 feet (chord bears N. 78°57'54" W. 209.39 feet) to the
point of terminus of said 30.00 foot easement centerline; thence,
leaving said southwesterly easement line, along said easement
line extended 15.0 feet; thence northerly to the northwest corner
of the intersection of Lane C and Lane B West as constructed and
in place; thence northwesterly along the southeast right-of-way
Spring Valley $'natation District
Legal Descript 1 - Continuation
Page Two
line of Lane C to the intersection with the centerline extended
of the sanitary sewer trunkline easement as recorded and in place,
said easement being the easement containing the sanitary sewer as
constructed and,in place between Drive A and Lane C; thence 15.0
feet northweste r'ly along said southwest right-of-way line; thence
northeasterly along the northwest easement line of said sanitary
sewer easement to the southwesterly right-of-way line of Drive A
as constructed and in place; thence northwesterly along said south-
westerly right-of-way line of Drive A as constructed and in place
to a point, said point being the intersection of the southwesterly
extension of the northwesterly right-of-way line of Lane E and
said southwesterly right-of-way line; thence northeasterly to the
north corner of the intersection of Lane E and Drive A as con-
structed and in place; thence northeasterly along the northwesterly
right-of-way line of Lane E as constructed and in place to a point
on the Lane E cul-de-sac, said point being the point of intersec-
tion with the Lane E right-of-way centerline extended; thence
northeasterly along the west property line of lot.53 as platted
and in place, said lot being more particularly identified as lot
53 of the approved Preliminary Plan for Los Amigos Ranch Subdivi-
sion No. 2 (Scheme C), to the north property corner of lot 53;
thence southeasterly along the northeasterly propertly lines of
said lots 53 and 55 as platted and in place to the northeast angle'
point of said lot 55 as platted and in place; thence southeasterly
along the easterly propertly lines of lots 55, 57 and 62 as platted
and in place to the intersection with the northerly right-of-way
line of Lane F as constructed and in place; thence easterly along.
said northerly right-of-way line to the northwest corner of the
intersection of Lane F and Lane D as constructed.and in.place;
thence northerly along the westerly right-of-way line of Lane D •
as constructed and in place to the south property .corner of lot,77..
as platted and in place, said lot being more particularly identi-
fied as lot 77 of ssaid approved Preliminary Plan; thence north-
westerly along the southwesterly property line of lot 77 as platted
and in place to the southwest property corner; thence northerly
along the westerly property lines of said lot 77 and the water
storage site as platted and .in place to the northwest property
corner of the water storage site as platted and in place, said
corner being on the northerly line of said Section 5; thence S..
89°43'26" E. along said northerly line to the southwesterly corner
'of the SEdSE; of said Section 32; thence leaving said northerly
line N. 01°48'29" E. 2601.65 feet along. the: westerly lines of
said SE4SEh and Government Lot 7 of said Section 32; thence,
leaving Said westerly line S. 89°00'23" E. 139.01 feet along said
Lot 7 boundary; thence S. 01°41'27" W. 475.48 feet along said Lot
7 boundary; thence S.. 87°15'05" E. 1179.82 feet along said Lot
7 boundary; to a point on the easterly lint.: of said Section 32;
thence S. 01°14'01" W. 2073.04 feet along said easterly line to
the Southeast Corner of said Section 32; thence, leaving the east-
erly line of said Section 32, S. 00°04'37" W. 2685.36 feet along
the easterly line of.said Section 5 to the East Quarter Corner of
said Section 5; thence S. 00°32'12" W. 1445. 52 feet along the
easterly line of said Section 5 to the True Point of Beginning.
1
Legal Descripti
- Continuation Page Three
Also including all of Governm=nt Lots 18 and 19 of Section 33,
Township 6 South, Range 88 West of the Sixth Principal Meridian.
Save and except all those lands as described in Document Number
256352 (being Book 438 at Page 540), as on file in the Garfield
County -records, which lie within the above described parcel.
Excepting lot 4 of the approved Preliminary Plan for Los Amigos
Ranch Subdivision No. 2, said lot being more particularly de-
scribed as the existing 'A frame' and lot as platted and in
place.
Said parcel containing 500 acres, more or less.
July 25, 1979
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MAR 1 21980
eceptioz' Nr,. Mildred A.lsdorf, Recorder
LEASE AND AGREEMENT
BOOK 545 PAIiE1.
THIS LEASE AND AGREEMENT, Made and entered into this
26th day of February, 1980, by and between COLORADO MOUNTAIN
JUNIOR COLLEGE DISTRICT, hereinafter "Lessor," and SPRING VALLEY
SANITATION DISTRICT, hereinafter "Lessee."
WITNESSETH:
That in consideration of the sum of One Dollar ($1.00) per
annum paid in advance on the anniversary date of this Lease and
Agreement by Lessee to Lessor, the receipt of the first annual
payment of which is hereby acknowledged, and of the covenants
hereinafter contained by Lessee to be kept and performed, Lessor
does lease, let, and demise unto Lessee, for the purposes
hereinafter set forth, that certain land in the County of
Garfield, State of Colorado, described in Exhibit "A" attached
hereto and incorporated herein by reference, containing nine and
eighty-five hundredths (9.85) acres, more or less; with the sole
and exclusive right to operate a sewage treatment facility on
the leased land during the term hereinafter provided and the
right to construct, maintain, operate, use, repair, replace, and
remove pipelines, telephone, telegraph, power, and other utility
lines, tanks, ponds, machinery, appliances, buildings, and other
structures useful, necessary, or proper for carrying on its
operations on the leased land, together with rights-of-way for
passage over, upon, and across, ingress and egress to and from
the leased land for any or all of the above-mentioned purposes
along present access roads to said tract of land or access roads
which may hereafter be constructed and utilized, all as mutually
agreed upon by the parties hereto in exact location, and further
a certain sewage trunk line corridor easement described more
fully in Exhibit "B" attached hereto and incorporated herein by
reference.
Exhibit
VI.A.
BOOK 545 PAtiEl_
Together with such additional land, up to a maximum of
twenty-five (25) acres, generally located westerly of, but not
necessarily adjacent to, the heretofore particularly described
land, as is reasonably required in the future for the winter
storage of effluent, for infiltration areas, and for land
treatment, all as shown by final design plans for such
improvements as have been or may be approved by the Colorado
State Department of Health.
TO HAVE AND TO HOLD the leased land for the term of fifty
(50) years from and after the date hereof, and upon
written notice from the Lessee delivered to the Lessor at least
180 days prior to expiration of the initial term for an
additional term of fifty (50) years at the sole option of the
Lessee and under the same terms and conditions as provided for
in this Agreement for the first fifty (50) year term.
In consideration of the premises, the parties hereby
respectively covenant and agree as follows:
Treatment Services
The parties incorporate into this Lease and Agreement by
reference Paragraphs 2(a) and 2(b) of "Section 2. Conveyance to
District" set forth in the Sewage Treatment Services Agreement,
dated July 2, 1979, and recorded on July 11, 1979, in Book 531
at Page 325 as Reception No. 295618, Garfield County Records;
and Lessee hereby agrees to perform the terms and conditions set
forth in said paragraphs and that the same are hereby made
expressly a part of this Lease and Agreement.
Future Expansion of Lessee's Facilities
a. The parties incorporate into this Lease and Agreement
by reference Paragraphs 2(c) and 2(d)(ii)(A) of "Section 2.
Conveyance to District" set forth in the Sewage Treatment
Services Agreement, dated July 2, 1979, and recorded on July 11,
-2-
BOOR 545 PM Ei 9
1979, in Book 531 at Page 325 as Reception No. 295618, Garfield
County Records;, and Lessee hereby agrees to perform the terms
and conditions set forth in said paragraphsand that the same are
hereby made expressly a part of this Lease and Agreement.
b. At such time as any of the additional land heretofore
described is needed and will actually be used for winter storage
of effluent, for infiltration areas, and for land treatment,
Lessee will provide, at its sole expense, a survey of the
property to be used, which shall then become the subject of an
addendum to this Lease. Lessor and Lessee mutually agree to
reasonably negotiate the precise additional acreage to be used
for the purposes described in this paragraph subject to the
overall acreage and use limitations as heretofore. described.
c. All improvements constructed by Lessee upon the demised
land, including buildings, roads, pipelines, utility lines,
ponds, and any other structrues or facilities useful, necessary,
or proper for carrying on its sewage treatment operations on the
demised land shall remain the property of the Lessee during the
term of and subsequent to termination of this Lease, except upon
termination of the :Lease for Lessee's default as hereinafter
provided.
Operation of Treatment Facilities
a. The parties incorporate into this Lease and Agreement
by reference Paragraph 2(d)(ii)(B) of "Section 2. Conveyance to
District" set forth in the Sewage Treatment Services Agreement,
dated July 2, 1979, and recorded on July 11, 1979, in Book 531
at Page 325, at Reception No. 295618, Garfield County Records;
and the Lessee hereby agrees to perform the terms and conditions
set forth in said paragraph and that the same are hereby made
expressly a part of this Lease and Agreement.
-3-
BOOK 545 PAGES
b. Lessee agrees to maintain at its own expense any and
all sewage treatment facilities located upon the demised
.,premises in a state of good repair, subject to and in compliance
with all applicable federal, state, and local laws and
regulations, and sound engineering practice, and allowing for
ordinary wear and tear. Lessee agrees to fully and promptly pay
for all water, gas, heat, light, power, telephone service, and
other public utilities of every kind furnished to the premises
throughout the term hereof, and all other costs and expenses of
every kind whatsoever of or in connection with the use,
operation, and maintenance of the premises and all activities
conducted thereon, and Lessor shall have no responsibility of
any kind for any thereof, except as otherwise specifically
provided for in this lease.
District Assumption of Agreement
The parties incorporate into this Lease and Agreement by
this reference Section 5 of the Sewage Treatment Services
Agreement, dated July 2, 1979, and recorded on July 11, 1979, in
Book 531 at Page 325 as Reception No. 295618, Garfield County
Records; and Lessee hereby assumes and' agrees to all of the
obligations of the District and Los Amigos to the College and
provided for in said Agreement.
Waste and Nuisance
During the term of this lease, Lessee shall comply with all
applicable laws affecting the demised premises, the breach of
which might result in any penalty on Lessor or forfeiture of
Lessor's title to the demised premises. During the term hereof,
Lessee shall not commit or suffer to be committed, any waste on
the demised premises, nor shall Lessee maintain, commit, or
permit the maintenance or commission of any nuisance on the
demised premises.
-4-
BOOK 545 PdcCi21
Indemnification of Lessor
Lessor shall not be liable for any loss, injury, death, or
damage to persons or property which at any time may be suffered
or sustained by Lessee or by any person whosoever may at any
time be using or occupying or visiting the demised premises or
be in, on, or about the same, whether such loss, injury, death,
or damage shall be caused by or in any way result from or arise
out of any act, omission, or negligence of Lessee or of any
occupant, subtenant, visitor, or user of any portion of the
premises, or shall result from or be caused by any other matter
or thing whether of the same kind as or of a different kind than
the matters or things above set forth, and Lessee shall
indemnify Lessor against all claims, liability, loss, or damage
whatsoever on account of any such loss, injury, death, or
damage. Lessee hereby waives all claims against Lessor for
damages to the building and improvements that are now on or
hereafter placed or built on the premises and to the property of
Lessee in, on, or about the premises, and for injuries to
persons or property in or about the premises, from any cause
arising at any time. The two preceding sentences shall not apply
to loss, injury, death, or damage arising by reason of the
negligence or misconduct of Lessor, its agents, employees, or
students.
Insurance
a. Insurance coverage of premises. Lessee shall, at all
times during the term of this lease and at Lessee's sole
expense, keep all improvements which are now or hereafter a part
of the premises insured against loss or damage by fire and the
extended coverage hazards for one hundred percent (100%) of the
full replacement value of such improvements, with loss payable
to Lessor and Lessee as their interests may appear. Any. loss
adjustment shall require the written consent of both Lessor and
Lessee.
-5-
•
auux 545 PM E1.2.2
b. Personal injury liability insurance. Lessee shall
maintain in effect throughout the term of this lease personal
injury liability insurance covering the premises and its
appurtenances and the sidewalks fronting thereon in the amount
of not less than Five Hundred Thousand and No/100 Dollars
($500,000.00) for injury or death of any one person, and One
Million and No/100 Dollars ($1,000,000.00) for injury or death
of any number of persons in one occurrence and property damage
liability insurance of not less than One Hundred Thousand and
No/100 Dollars ($100,000.00). Such insurance shall specifically
insure Lessee against all liability assumed by it hereunder, as
well as liability imposed by law, and shall insure both Lessor
and Lessee but shall be so endorsed as to create the same
liablity on the part of the insurer as though separate policies
had been written for Lessor and Lessee.
c. Lessor's right to pay premiums on behalf of Lessee.
Lessee shall pay all of the premiums of policies of insurance
referred to in this section and shall deliver such policies, or
certificates thereof, to Lessor, and in the event of the failure
of Lessee, either to effect such insurance in the names herein
called for or to pay the premiums therefor or deliver such
policies, or certificates thereof, to Lessor, Lessor shall be
entitled but shall have no obligation, to effect such insurance
and pay the premiums therefor, which premiums shall be repayable
to Lessor with the next installment of rental, and failure to
repay the same shall carry with it the same consequence as
failure to pay any installment of rental. Each insurer mentioned
in this section shall agree, by endorsement on the policy or
policies issued by it, or by independent instrument furnished to
Lessor, that it will give to Lessor thirty (30) days' written
notice before the policy or policies in question shall be
altered or canceled.
-6-
BUOK 545 Perc123
d. Definition of full replacement value. The term "full
replacemeryt value" of improvements as used herein shall mean the
actual replacement cost thereof from time to time less
exclusions provided in the normal fire insurance policy. In the
event either party believes that the full replacement value
(that is to say, the then -replacement cost less exclusions) has
increased or decreased, it shall have the right, but, except as
provided below, only at intervals of not less than three (3)
years, to have such full replacement value redetermined by the
fire insurance company which is then carrying the largest amount
of fire insurance carried on the demised premises (hereinafter
referred to as "impartial appraiser"). The party desiring to
have the full replacement value so redetermined, by such
impartial appraiser shall forthwith on submission of such
determination to such impartial appraiser give written notice
thereof to the other party hereto. The determination of such
impartial appraiser shall be final and binding on the parties
hereto, and Lessee shall forthwith increase (or decrease) the
amount of the insurance carried pursuant to this section as the
case may be to the amount so determined by the impartial
appraiser. Such determination shall be binding until superseded
by agreement between the parties hereto or by a subsequent
redetermination by an impartial appraiser. Lessee shall pay all
costs, if any, of the impartial appraiser. If during any such
fifty (50) year period Lessee shall have made improvements to
the premises, Lessor may have such full replacement value
redetermined at any time after such improvements are made,
regardless of when the full replacement value was last
determined.
e. Adjustment of coverage. In the event that either party
shall at any time deem the limits of the personal injury or
property damage public liability insurance then carried to be
either excessive or insufficient, the parties. shall endeavor to
-7-
BOOK 545 PM E124
agree on the proper and reasonable limits for such insurance
then to be carried, and such insurance shall thereafter be
carried with the limits thus agreed on until further change
pursuant to the provisions of this section; but, if the parties
shall be unable to agree thereon, the proper and reasonable
limits for such insurance then to be carried shall be determined
by an impartial third person selected by the parties, and the
decision of such impartial third person as to the proper and
reasonable limits for such insurance then to be carried shall be
binding on the parties, and such insurance shall be carried with
the limits as thus determined until such limits shall again be
changed pursuant to the provisions of this section. The expenses
of such determination shall be borne equally by the parties.
f. Blanket isurance policies. Nothwithstanding anything to
the contrary contained in this section, Lessee's obligations to
carry the insurance provided for herein may be brought within
so-called blanket policy or policies
the coverage of a
insurance carried and maintained by Lessee; provided, however,
that the coverage afforded Lessor will not be reduced or
diminished or otherwise be different from that which would exist
under a separate policy meeting all other requirements of this
lease by reason of the use of such blanket policy of insurance,
and provided further that the requirements of the foregoing
Paragraph (e) of this section are otherwise satisfied.
g. Cost of insurance deemed additional rental. The cost of
insurance required to be carried by Lessee in this section shall
be deemed to be additional rental hereunder.
of
Defaults - Lessor's Remedies
Lessee shall be deemed to be in default under this Lease
and to have breached this Lease, automatically and without the
necessity of Lessor making any declaration of same, upon the
occurrence of any one of the following:
-8-
BOOR 545 PS;E125
1. Failure to pay rent when due;
2. Failure to provide or maintain insurance; or
3. Failure to keep and perform any other term,
covenant, promise, or condition contained in this Lease.
Lessor shall not be deemed to have acquiesced in or waived any
default of Lessee unless such default shall have existed for a
period of 120 days from (a) the date it occurred; or (b) the
date Lessor first actually knew of such default, whichever date
is later. In no event shall any such acquiescence or waiver, if
established, be construed or interpreted as an acquiescence in
or waiver of a subsequent default of a similar or dissimilar
kind.
Upon any default, Lessor shall have the right to terminate
this Lease, without any obligation or liability to Lessee, by
giving Lessee written notice at least forty-five (45) days in
advance of such termination date. The notice shall contain the
event constituting the default, the reason for the termination,
and the date of the termination, and shall notify Lessee that if
the default is not cured to the satisfaction of Lessor by the
termination date, then this Lease is deemed fully canceled and
terminated as of the termination date. Lessor may, in its
discretion, extend the termination date upon written request of•
Lessee delivered to Lessor before the termination date if Lessor
determines and finds that: (1) there are compelling reasons to
grant Lessee an extension of the termination date in order to
enable Lessee to attempt to cure the default; and (2) that
Lessee is diligently pursuing efforts to cure the default as
quickly as possible.
Upon any such termination of the Lease, Lessee shall
immediately remove itself and all of its personal property from
the demised premises and shall immediately surrender possession
of the demised premises to Lessor without any further notice,
demand, process, suit, or action of Lessor being necessary or
- 9-
•
BUOK 545 r 1,.26
required. All costs, expenses, and attorney's fees incurred by
Lessor in, connection with any default of Lessee, or with the
termination of this Lease, or in interpreting, enforcing, or
threatening to enforce the provisions hereof against Lessee,
shall be paid for by Lessee and recovered from Lessee, in
addition to all of Lessor's other remedies and claims. Such
surrender of possession by Lessee shall include forfeiture and
surrender to Lessor of all buildings, roads, pipelines, utility
lines, ponds, and other structures, facilities, and improvements
in good, workmanlike, and operable condition, made, constructed,
or placed by Lessee upon any portion of the demised premises and
useful, necessary, or proper for carrying on the sewage
treatment operations on the demised premises, the purpose of
this sentence being to enable Lessor to continue to operate the
sewage treatment facilities for Lessor's own benefit upon any
such termination of this Lease.
In the event a default and surrender of the premises
hereunder occurs;, Lessor agrees to negotiate with the existing
customers of the District for the purpose of entering into an
agreement, if such could be mutually arrived at, for the
continuation of service to existing users; provided, however,
this sentence shall not be construed to obligate Lessor to enter
into any such agreement.
Notice
Whenever notice is permitted or required in this Lease, it
shall be deemed given: (1) when personally delivered to an
authorized agent or representative of such party; or (2) when
deposited in the U. S. mails, first class, postage prepaid,
addressed if to Lessor:
Colorado Mountain Junior College District
c/o F. Dean Lillie, President
P. 0. Box 1367
Glenwood Springs, CO 81601
-10-
and addressed if to Lessee:
BUQK 545 PnaE1%ti
;Spring Valley Sanitation District
Board of Directors
P. 0. Box 2055
Glenwood Springs, CO 81601
Assignment
This lease shall not be assignable without the express
written consent of the parties, and shall inure to the benefit
of, and be binding upon, the parties, their successors in
interest, and assigns.
Execution Authority
By signing this Lease and Agreement, the parties acknow-
ledge and represent to one another that all procedures necessary
to validly contract and execute this Agremeent have been
performed and that the persons signing for each have been been
duly authorized so to do.
IN WITNESS WHEREOF, the parties have executed this Lease
and Agreement, in duplicate originals, on the day and year first
above written.
ATTEST:
can K. o t
District S cretary
/(
�0i0 •
COLORADO MOUNTAIN ..JP,iI•it Y •
COLLEGE D TRICT
4
%ter,
�'• ,.�
By F . Dean '111 e it��tl�t .1
•
SPRING VALLEY SANITATION DISTRICT
By
-11-
obert W.VChatma•Chairman
1
1
1
1
1
BOOK 545 P.(3E '.
STATE OF COLORADO )
ss.
County ofiGarfield. )
sctiThe foregoing instrument was acknowledged before me this
day of February, 1980, by F. DEAN LILLIE, as President of
Colorado Mountain Junior College District.
• ....Agitness my hand and official Seal.
My:potomission expires:
Q . ss-cr,RY ;r
-•-• re
o`•
/9,P
Notary Public
STATE OF COLORADO
ss.
County of Garfield )
The foregoing instrument was acknowledged before me this
26th day of February, 1980, by ROBERT W. CHATMAS, Chairman,
Pring Valley Sanitation District, and attested by DEAN K.
MOFFATT, District Secretary, Spring Valley Sanitation District.
Witness my hand and official Seal.
My Commission expires:
1Tt
MA— t5 t483
' m
Not Public
-12-
BUUK .545 ParE_t'
EXHIBIT "A"
1
• • KKBNVA `•
V
S<r.e.. w ,
.. Y.te.eMana
Caw.Wwwy 1 .q..«,• 1.-. 1 1. . .,. •.+: 1• •. .
lana Sw..,e..
f. ;JO. , ...1
1
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•
SANITARY SEWAGE LAGOON
PARCEL DESCRIPTION
P. parcel of land situated in part of Government
Lots 4, 5, 6 and 7 of Section 9, Township 7 South,
Range 88 West of the Sixth Principal Meridian in
the County of Garfield, State of Colorado. Saicl parcel
being bounded by a fence line as constructed and in
place. Said parcel being more particularly described
as follows:
Beginning at the Northwest Corner of said Section
9 (being also the Northeast Corner of Section 8 in
said Township and Range) a stone corner found in place
and properly marked; thence S. 54°29'05" E. 1537.27 feet
to a point in said fence line, the True Point of
lleginninli; thence the following seven course] along
said fence line;
1) _^c -:c N. C5• `4" 325.17 ..
%) ..•J•nee Z. ;;I.10' E. 4:1'..42 feet;
3) thence S. 07'33'25" E. 305.89 feet;
4) thence S. 73.00'58" W. 569.11 feet;
5) thence S. 89'47'19" w. 537.93 feet
6) thence N. 00°10'31" E. 259.94 feet;
7) thence N. 65°01'59" E. 337.02 feet;
to the True Point of Beginning. •
Said parcel containing 9.85 acres, more or less.
Bearings for this description were based on a bearing.
of S. 88°54'23" E. between the Northwest Corner of
Section 5, Township 7 South, Range 88 West of the
Sixth Principal Meridian and the North Quarter Corner
of said Section 5.
May 15, 1979
KKBNA/SCARROW AND WALKER, INC.
1001 Grand Avenue
Glenwood Springs, CO 81601
KIM=
St...°w W....
i..aonm.,n°
co..ww° cngmn..
EXHIBIT "B"
BOOK 545 rM E 1_3O
11. N.°U :...... Uw...5 O.r.re.l
PRELIMINARY 30.00 FOOT SANITARY SEWER
TRUNK LINE EASEMENT (LONER)
A strip of land, being 30.00 feet in width, situated in part of
Government Lots 5 and 6 of Section 9 and Government Lots 3, 4
and 8 of Section 8, all in Township 7 South, Range 88 West of
the Sixth Principal Meridian in the County of Garfield, State of
Colorado; said strip being 15.00 feet each side of and parallel
to the following described centerline:
Beginning at the Northeast Corner of said Section 8, a stone
corner found in place and properly marked, thence S.54°29'05" E.
1537.27 feet to a point in a fence line, the True Point of Be-
ginning for said 30.00 foot strip; thence, leaving said fence
line, S.85°.24'12" W. 232.12 feet; thence N.37°20'23" W. 187.91
feet; thence' S.75°31'03" W. 129.81 feet; thence S.70°29'06" W.
315.17 feet; thence S.63°06'34" W. 267.54 feet; thence S.63°53'
02" W. 236.46 feet; thence S.81°23'17" W. 229.49 feet; thence
S.83°51'10" W. 146.58 feet; thence S. 80°53'40" W. 308.43 feet;'
thence N.77°18'08" W. 277.32 feet; thence N.88°11'22" W. 288.89
feet; thence N.08°50'36" W. 220.00 feet; 'thence S. 88°55'50" W.
440.53 feet to a point on the "Westerly Line" for County Road
Number 114 (College Road) as described in Document Number 274609
(being Book 488 at Page 920) 'as on file in the Garfield County
Records, the Point of Terminus for said 30.00 foot strip.
Bearings' for this description were based on a bearing of S.88°
54'23" E. between the Northwest Corner of Section 5, Township
7 South, Range. 88 West of the Sixth Principal Meridian and the
North Quarter Corner of said Section 5.
July 3, 1979
KKBNA, INC.
1001 Grand Ave.
Glenwood Springs, CO. 81601
BILL OF SALE
BOOK 545 F GEi.31
DELIVEI r . 2 a 1980
KNOW ALL MEN BY THESE PRESENTS, THAT COLORADO MOUNTAIN
JUNIOR COLLEGE DISTRICT, a junior college district organized
under the Colorado statutes, party of the first part, for Ten
and No/100 Dollars ($10.00) and other good and valuable
consideration to it in hand paid at or+before the ensealing or
delivery of these presents by SPRING VALLEY SANITATION DISTRICT,
a Colorado sanitation district, party of the second part, the
receipt whereof is hereby acknowledged, has bargained and sold,
and by these presents does grant and convey unto the said party
of the second part, its successors, or assigns, the following
property, goods, and chattels, to -wit:
The aerated lagoons and any other
;facilities appurtenant to and used for the
transmission, treatment, and disposal of sewage
located on the property more particularly
described -in Exhibit "A," attached hereto and
incorporated herein by reference.
TO HAVE AND TO HOLD the. same unto the said party of the
second part, its successors, or assigns, forever. And the said
party of the first part, for itself, its successors, or assigns,
covenants and agrees to and with the said party of the second
part, its successors, and assigns, to WARRANT and DEFEND the
sale of said property, goods, and chattels hereby made unto the
said party of the second part, its successors, and assigns
against all and every person or persons whomsoever, subject to
easements and rights-of-way for utilities and drainage, and
subject to reservations and restrictions of record.
IN WITNESS WHEREOF, the party of the first part has caused
its name to be hereunto subscribed by its Chairman, and its Seal
to be hereunto affixed, attested by the Secretary, this„,,,25th
February,•'” ''
day of iammaxy, 1980. .02!
COLORADO MO N IN CO1;,I<1~'GE° _
yyb �.
•
By
A'tlx2cMic
]xa; cxkxx=ka xXx$otcx xXxx
mra axamcgxe mmckxxmac
(SEAL)
Dxxx ' ;ixxRmxin�b,
F. Dean Lillie, Preeid tP" °°
4
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, 1
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1
Bum( 545 Para ; 1.:
STATE OF COLORADO )
ss.
County of Garfield )
The foregog, instrument was acknowledged before me this
25thday of ag 1980, by HAXxHx.Bxx xXsxMCWOUOMT;
XWaTiZticRYFabilifigiCROMIOLYMXIIUMX8XXXXBXXMXxxxSxxxxxxxxxMccexthrg
Nd4A# ' R F. Dean Lillie, President, Colorado Mountain College.
Witness my hand and notarial Seal.l
My:,CQmmission expires: July 28, 1981
p -..K . `°
p
-2-
gook 545 1 i3
EXHIBIT "A"
KKBNA
Seam. W•11.11
In<Orp°r.1.p
Con.WMg Empower*
Land s....,°..
lou• .a..., 4... ,..
•
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•
SANITARY SEWAGE LAGOON
PARCEL DESCRIPTION
A parcel of land situated in part of Government
Lots 4, 5, 6 and 7 of Section 9, Township 7 South,
Range 88 West of the Sixth Principal Meridian in
the County of Garfield, State of Colorado. Said parcel
being bounded by a fence line as constructed and in
place. Said parcel being more particularly described
as follows:
Beginning at the Northwest Corner of said Section
9 (being also the Northeast Corner of Section 8 in
, said Township and Range) a stone corner found in place
and properly marked; thence S. 54°29'05" E. 1537.27 feet
to a point in said fence line, the True Point of
Beginning; thence the following seven courses along
said fence line;
1)
2)
3)
4)
5)
6)
7)
to
thence
thence
thence
thence
thence
thence
thence
the True
N.
S.
S.
S.
S.
N.
N.
65°01'59" E.
81°10'33" E.
07°33'25" E.
73°00'58" W.
89°47'19" W.
00°10'31." E.
65°01'59" E.
325.97
445.42
305.89
569.11
537.93
259.94
337.02
Point of Beginning.
feet;
feet;
feet;
feet;
feet
feet;
feet;
Said parcel containing 9.85 acres, more or less.
Bearings for this description were based on a bearing
of S. 88°54'23" E. between the Northwest Corner of
Section 5, Township 7 South, Range 88 West of the
Sixth Principal Meridian and the North Quarter Corner
of said Section 5.
May 15, 1979
KKBNA/SCARROW AND WALKER, INC.
1001 Grand Avenue
Glenwood Springs, CO 81601
r•o. 86. WARRANTY DEE))—Short Form—now...a ..
•
THIS DEED, Made this 25th
COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT,
organized under the County Colorado
ieldes and State of Colorado, of the first part, and
SPRING VALLEY SANITATION DISTRICT,
oa Colorado sanitation district,
SPR
organized under theColoradoorado5sstatutes,
whose legal address is P./0.
wood
of the
County of Garfield and State of Colorado, of the second part:
of the first part, for and in consideration of the sumof
WITNESSETH,DOLLARANhutthes;hi GOODpartVALUABLE CONSI.DERA'TION
2.
TEN DOLLARS AND OTHER AND of the second part, the receipt
W the said party of the first part in hand paid by the said part y
whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents .
of the second port, its
eeg grant, bargain, sell, convey and confirm, unto the said party of the second
situate, lying,and being
ilti. an SOLSor parcel
un assigns forever, all the following Garf ield t and State of Colorado, to wit:
in the County of
All facilities appurtenant to and used in conjunction with the aerated
lagoons located on the tract of land described in Exhibit "A" attached
hereto and incorporated by reference. ----
day of February ,1:80
a junior college district,
Springs
o lma o c wine
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any
appertaining, and the reversion and reversions, remainder and remainders, rents, issd'es, and profits thereof; and
alld all the h19
estate, right, interest, claim and demand whatsoever of the said port y of the first part,either in law orequity,
of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO 1101.0 the said premises above argil aine,i11a d fdrder.cnAnd the with h:Jd actiort ytenances unto the said
part y of the second part, its SUCC Se sores�n�gaigus gcanlncxJo 8s covenant,
of the first part, for it sat f, its ➢macsecond part, its succes
f the sors eim4 1 and assigns,
grant, bargain and agree to and with the said part y owell seized of the premises above
that at the time of the enseuling and delivery of these presents it is law, in
•od
rightconveyed, po °e ran lawful authoritysolute and to grant, bargain, sell a.nd convey the le estate of 'sanueinnuanner and4forim asand
aforesaid, and
right, C Po bargains, sales, liens, taxes, assessments and
that the same are free and clear from all former and other grants,
encumbrances of whatever kind or naturesoevery subject to easements and rights of way for
utilities and drainage, and subject to reservations and restrictions of record.
and the above bargained premises in the quiet and peaceable possession of the said part y
,uGthe second part,
of first part shall and will WARRANT D Pei �1L 14 .•'_ D.
ortu cl+dn the whole
its successors dtm and assigns, against all and every person or persons Lawfully rlaihitilig yP„ 1
1 ,•• �11"1Jp •.F.
•
or any part thereof, the stip part y
.• •+
of the first port h. hcrean(.o:it` �Y Y;,
1N WITNESS 11'1lEREOF,The said punt y •OLLGGt DI STRi CT
hand and seal the day and year first above written.
COLORADO
Signed, Sealed and Delivered in the Presence of
State of Colorado )
The,.for•egging instrument was
fvar , 1980, b F.
y.� : ;¢• v •:z.c,)•4•• : • Mountain.
ie
XNth
—�C�B, �QI{X6COMX
F. Dean Lillie,
_I \ZAL)'
(.sem SEALi
isEAL1
acknowledged before me,
47777-7,7—
s 25th
Dean Lillie, President'):'
Junior College District'
•p,,S�L�11t
xni es. u y
Notary Pu• is
C)
•
LU
• EXHIBIT "A"
•
BI)OK . 545 134E135;
• KCKBNVA
111
•
. t.
S,.V.+t (1 ', i , w ♦• v.n •:.1•• ..• ... A V.,. ..
SANITARY SEWAGE LAGOON
PARCEL DESCRIPTION
A parcel -of land situated in part of Government
Lots 4, 5-, 6 and 7 of Section 9, Township 7 South,
Range 88 West of the Sixth Principal Meridian in
the County of Garfield, State of Colorado. Said parcel
being bounded by a fence line as constructed and in
place. Said parcel being more particularly described
as follows:
Beginning at the Northwest Corner of said Section
9 (being also the Northeast Corner of Section 8 in
said Township and Range) a stone corner found in place
and properly marked; thence S. 54.29'05" E. 1537.27 feet
to a point in said fence line, the True Point of
Beginning; thence the following seven course6 along
said fence line;
1)
2)
3)
4)
5)
6)
7)
to
thence
thence
thence
thence
thence
thence
thence
the True
N.
S.
S.
S.
S.
N.
N.
65°01'59" E.
81°10'33" E.
07°33'25" E.
73°00'58" W.
89°47'.19" W.
00°10'31" E.
65°01'59" E.
Point
325.97
445.42
305.89
:169.11
537.93
259.94
337.02
of Beginning.
feet;
feet;
feet;
feet;
feet
feet;
feet;
Said parcel containing 9.85 acres, more or less.
Bearings for this description were based on a bearing
of S. 88°54'23" E. between the Northwest Corner of
Section 5, Township 7 South, Range 88 West of the
Sixth Principal Meridian and the North Quarter Corner
of said Section 5.
May 15, 1979
KKBNA/SCARROW AND WALKER, INC.
100:1 Grand Avenue
Glenwood Springs, CO 81601
1
MIIIIOI1UlIEI
SITE .APPLICATION NO. 3278
COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT
AND
ROBERT W. CHATMAS
I COLORADO DEPARTMENT OF HEALTH
4210 EAST 11TH AVENUE • DENVER. COLORADO 80220 • PHONE 320-8333
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July 11, 1979
Colorado Mountain Junior College District
and Robert W. Chatmas
2. 0. Box 1367
Glenwood Springs, Colorado 81601
Re: Site Application No. 3278 for Addition of aeration equipment
to stabilization ponds - Garfield County
. , &,en tiemen
We are pleased to inform you that the Colorado Water Quality Control
Commission approved your application at its meeting held on
July 2, 1979 . The following conditions are applicable:
This site approval will expire on July 2, 1980 . If
the construction of the project has not commenced by that date,
you must reapply for a new site approval.
1f31g9.
This approval does not relieve the owner from compliance with all county
regulations prior to construction nor from responsibility for proper
engineering, construction, and operation of the facility.
Veryrytruly yours,
—
Roger H. Smades, P.E., Chief
Field Services Section
Water Quality Control Division
RHS : dec
Zd Feld, Garfield County Sanitarian
\cc:
Exhibit
VI.B.
-' `O DEPARTMENT OF AL
Rt �SE
¢unlity Control DivisiL.
21 East llth Avenue
epos=, Ccloradc 80220
II
REQUEST FOR'Al*ENDING A PREVIOUSLY ISSUED SITE APPROVAL
(Suhln4t in Duplicate)
tolic=at: COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT and ROBERT W. CHATMAS
ss:
(CHC) P.O. Sox 1 67 Glenwood Springs, CO 81601 and Rob rt W. Chtmas]601
c/o Sundesigns rcitects, 13151 -'Grand Ave., Glenwood Springs, LU
LOPN TION REGARDING PP.OPOSZD PROJECT:
1
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L. Natu_e of modificati
stabilization ponds.
The addition of aeration equipment to existing
2. WELL 14-4c modification increase the capacity of the t=eat -int f aci 1 i ty?
Yes if yes, present capacity is 32,000 gpd
(hydranl i c) are
52;000 gpd
64 pounds per day
(hyth r Fic) ani
(organic) Exp. i' d capacity is
104 pounds per day ((yr -genic).
3. Estimated project cost of modification -
Estimated
i fi catioa-
Esti mated bid opening dr_te:
Estimated comoletd.on date_:
$66,000
I Aucust 1979
31 October 1979
4. Sas Regional pl am+i rg Office raviewed 2
(Attach letter from agency.)
(See Page 2)
5. If there is any substantial modification to your oricinal site approval
application, it is necessary to resubmit an original sites approval fnrr'
with this form- Please ,-ontact the Water QuP1 it'y Cant_Lol Division to
detc,--,,,i nP if this modification is substanti..a.
This application includes 5728 feet o'' 8" - '-' to serve 96 apartments.
Date
igna ure of Applfant
A( ' ...
Date Signature of Applicant
'ICC approved 1/77
un -7-R (tea.. 7_77 -Ln1
'`IO East 11th Ave.; Denver(llo. 80220
li
r+11 ^CtaCnc01
-444FOR SiTE APPROVAL OF SEWAGE COLLECTION FACILITIES AND.SHALL LIFT STATIONS
Required If: A) Serving MORE than Twenty Persons and MORE than 2,000 GPD offlow'
and/or B) Lift station having less than 20,000 GPD capadty.
1p1 Icant:
Address:
COLORADO MOUNTAiN,JUNIOR COLLEGE DiSTR,CT and ROBERT W. CHATMAS
CMC, P.O. Box 1367, Glenwood Springs, CO 81601 Phone 945-8691
c/o Sundesigns Architects, 13151 Grand, Glenwood Spgs Phone:945-2201
IIme and Address of ConnuIting Engineer:
Wright -McLaughlin Engineers, 2420 Alcott St
Denver, CO 80211 Project: 792-32
• Size of Lift Station: N/A
gpm
County: Garfield
8. Size!: and approx. lengths of Sewer Lines:
I 8 inch 572; ft. inch ft.
inch. ft. inch ft.
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Average flow when fully developed:
0.5 mgd.
Will any structure serviced -by the collection facilities be located in a 100 year
flood plain?_ - No
Connection: discharge directly to the intake structure of existing treatment works
Till's sewer system w i i 1 cc0000toz,x xxxxba:o'.xxxcioGocomea: owned by Colo. Mountain Col lege
xkx. or District
wh i cth xIxAmt approved this connection on 6-4-79 Approved
Date V
X-Cl_r_JILILL:
Signature and Itle
Treatment:
Treatment Entity Colo. Mountain
agrees to treat this sewage
6-4-79
Date
liege will increase treatment X=se.xzUK capacity and
No
Signature and Title
Comments of Governmental Authority (City or County):
This project (meets) Woea<oomcxtoot) our planning requirements for the service area.
Recon :i Approval X- Disapproval No CoMment 6-4-79
ature an
Applicant's Signature
Appl'icant's Signature
Copies must be sent to
Governments.
planning agency and to any other city or town within
of the proposed facilities.
(Enclose copies of postal receipt showing copies were sent by Certified Mall.)
District Engineer comments and recommendation:/, 111_..
local health department and Council of
If over 50,000 gpd, also send to local and regional
three miles
Date
7q
Date Mailed to
Commenting Authority
Date 6, - 1 ? 7/ Signature,
Commission Action:
The Water Quali t Control Commission (Approved)(Disapproved) this application n
—. ' -7
Date52
r' .i' . .''' Date
1 terested persons may co:rment to tf e Writer Qul-1 [y "Cont Fol C mml ss ion. The application
11 be considered in not less than 20 days from the date.malied to coarprnting authority.
Ch. cid Servic s Section 7-1 1— 7
II. SIGNATURE C)F GOVERNMEN. )FF I C Ii ALS
The undersigned have reviewed the proposal for the location of the above-described
I
wastewater treatment facility and recommend approval or disapproval in spaces
fi provided below:
I
Recommend qkecommend No
DateApproval Disapproval Comment Signature of Representative
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Recommend approval:
1Recommend disapproval:
,Date:
Uapproved 1/77
(rev. 3-77-40)
1
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Local Government (Cities, Towns,
and s,.craer-istricts)7
Board
f Coun ! tET1(MIZBNMEHTLL REAL?
`� '� 211(4 Blake Arent Ph. (303) 945-7
oca 1 Hea th Autti P /411HEs, Colufon 8160?
{-i-ty o nty Planning Agency,
tanning Aa5ii
i
Council of G 4rnment
Signature
EPA RTM ENT
OFhHEALTH (719)5:334441
SITE APPLICATION
COLORADO MOUNTAIN C011.180Nurawm
Main BcuidingeDenver
(303) 322-9076
Ptarmigan Place/Denver
(303) 320-1529
4210 East 11th Avenue
Denver, Colorado 80220.3716
Phone (303) 320-8333
P. _Ci=E JEf
FEB 18 i1E5DY ROMER
Governor
Hirst National 8aalc BufldingJD,cnyer
(303) 3554559�........
IOEL KOHN
Interim Executive
Grind .Junction Office
(303) 243-7198
Pueblo Office
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February 6, 1992
Director
Kr. Richard W. Avery
Director
College Facilities
Colorado Mountain College
1402 Blake Avenue .
Glenwood Springs, CO 81601
RE: Site Application 14015
Garfield County
Dear Mr. Avery:
The Water Quality Control Division has reviewed and evaluated your site
application and plans and specifications for a domestic wastewater lift
station and interceptor which were constructed without site application and/or
plans and specifications approval in the NE 1/4 of the NE 1/4 of Section 9,
T7s, R88W, to serve the Vet Tech Center at the Spring Valley Campus and to
discharge to the Spring Valley Sanitation District's wastewater collection and
treatment systems.
Although construction of these facilities was undertaken in clear violation of
provisions of Section 25-8-702 of the Colorado Water Quality Control Act, the
Division finds your application to .be in conformance with the Water Quality
Control Commission's "Regulations for Site Applications for Domestic
Wastewater Treatment Works". The Division also finds the plans and
specifications to be in substantial compliance with the Colorado Department of
Health "Design Criteria for Wastewater Treatment Works" and those variances
therefrom to have been satisfactorily reso.!ved. Therefore, the site
application and plans and specifications are approved with the following
conditions listed below.
1. Eased upon application information, the system design will be for:
Average Daily Flow'Capacity - 3,000 gpd
Peak Daily Flow Capacity - 4,500 gpd
Treatment Processes to be Used - Lift station and interceptor
Failure to comply with any conditions contained herein will render this
approval void and another site application will have to be processed.
2. The applicant's registered engineer must furnish a statement prior
to the commencement of operation stating that the facilities were
constructed in conformance with plans and specifications, provided
to the Division. Any variances from these documents must be so
noted and justified by the engineer and/or the applicant prior to
initiating operation.
Mr. Richard W. Avery,
February 6, 1992
Page 2
3. Satisfactory resolution of issues with respect to site approval,
plans and specifications approval, and discharge permit issuance
for the Spring Valley Sanitation District's facilities shall be
achieved in conformance with all provisions of the Colorado Water
Quality Control Act.
This approval does not relieve the applicant from liability for any violations
of the Water. Quality Control Act which precede the date of this letter. The
Division reserves the right to take enforcement action for any and all such
violations as have occurred to date.
In accordance with Colorado Water Quality Control Celmm4ssion regulations, this
approval is subject to appeal as stated under Section 2.2.5 (7) of
"Regulations for Site Application for Domeatic Wastewater Treatment Works".
This approval does not relieve the owner from compliance with all locil
regulations prior to construction nor from responsibility for proper
engineering, construction, and operation off the facility.
'Sincerely,
David Holm, Director
WATER QUALITY CONTROL DIVISIo1d
JOH:TLs:jfJSITAPP-24,25
xc: Jerome Gamba & Associates,
Garfield County health De
r- 4' ttrctaf
Inc. - ATTN: Thomas A. Zancanella
ent - ATTN: Jim McHurry
'Trio as entrer, Q41130
Dwain Watson, District Technician,
WQCD, Grand Junction
STATE OF cOIORADO
COLORADO DEPARTMENT OF HEALTH
Dedicated to protecting and improving the health ancf
environment of the people of Colorado
4300 Cherry Geek Or. 5. Laboratory Building
Denver, Colorado 80222-1530 4210 E. 11th Avenue
Phone (303) 692-2000 Denver. Colorado 80220-3716
(303) 691-1700
May 11, 1994
Greg Boecker, President
Spring Valley Sanitation District
2929 County Road 114
Glenwood Springs, CO 81601
Re: Site Application #3278
Garfield County
1
Roy Railer
Governor
Patricia A. Natan, M0. MPH
E,ti�
Dear Mr. 3cecker:
'Tile Water Quality Control. Division has received and reviewed your
request to amend the above referenced site application to permit
the construction of an additional percolation pond. As this new
percolation pond will merely compensate for reduced exfiltration
from the existing percolation pond and no increase in hydraulic
or organic treatment capacity will be realized, the Division has
no objections. Therefore, the Division hereby amends Site
Application #3278 to include one additional percolation pond.
This amendment is subject= to the following conditions.
1. This amendment will expire one year from the date of this
letter if the construction of the project has not commenced
by that date. If expiration occurs, you must apply for a
new approval. Construction is defined as entering into a
contract for the erection or physical placement of
materials, equipment, piping, earthwork, or buildings which
are to be a part of a domestic wastewater treatment works.
2. The design (construction plans and specifications) for the
treatment works must be approved by the Division prior to
commencement of construction and all construction change
orders initiating variances from the approved plans and
specifications must be approved by the Division.
3. The applicant's registered engineer must furnish a statement
prior to the commencement of operations stating that the
facilities were constructed iri conformance with approved
plans, specifications, and change orders.
In accordance with Colorado Water Quality Control Commission
regulations, this approval is subject to appeal as stated under
Section 2.2.5 (7) of "Regulations for Site Applications for
Domestic Wastewater Treatment Works".
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Page Two
May 11, 1994
Spring Valley Sanitation District
This approval does not relieve the owner from compliance with all
county regulations prior to construction nor from responsibility
for proper engineering, construction, and operation of the
facility.
Sincerely,
David Holm
Director
Water Quality Control Division
J'DH:TLB: cm/Siteapp. 5-60, 61
xc: Schmueser Gordon Meyer - Attn: Dean Gordon
Garfield County Sanitation & Planning Department - Attn:
Mark Bean
Thomas Bennett, Sr. Planner, WQCD
Dwain Watson, District Technic:Lan, WQCD
David Akers, Permits & Enforcement, WQCD
AGREEMENT
,tTH/IS AGREEMENT 4 made and entered into this 25/ day of
7G t 6 (ria l- , 198 aQ, by and between SPRING VALLEY SANITATION
DISTRICT, a district organized under the laws of the State of
Colorado (hereinafter "District") and PAT E. DOWDY and PATSY J.
DOWDY (together referred to herein as "Dowdy").
RECITALS
A. The District is a special district having the statutory
power to enter into contracts for the provision of sanitary sewer
service to persons and entities located outside the boundaries of
the District.
B. Dowdy owns certain real property and improvements in
Garfield County, Colorado, lying outside the boundaries of the
District, known as Auburn Ridge Apartments ("Apartments"), being
more particularly described on Exhibit A attached hereto.
C. Dowdy desires to contract with the District for
provision of sanitary sewer service to and for the Apartments.
D. The District has previously provided, and desires to
continue to provide sanitary sewer service to the Apartments, and
the District's Board of Directors has, by resolution, approved
this Agreement as being in the best interest of the District.
NOW, THEREFORE, in consideration of the foregoing recitals
and of the mutual terms, covenants, and conditions contained
herein, the parties agree as follows:
1. Provision of Service. The District agrees to provide
Sanitary Sewer Service to the Apartments for all reasonable
domestic and residential needs of the Apartments. "Sanitary
Sewer Service," as used in this Agreement, shall mean the
construction, operation, maintenance, repair or replacement of
all physical improvements and facilities reasonably necessary in
accordance with sound sanitation engineering practices to
transport, treat, store and dispose of the residential domestic
waste, waste water and effluent from or discharged by the
Apartments consisting of 48 apartment units and 4 laundry rooms.
Sanitary Sewer Service provided hereunder shall meet or comply
with all mandatory federal, state or local laws, regulations,
requirements and procedures for the transmission, treatment,
storage and disposal of residential domestic waste, waste water
and effluent which are applicable to the District and are in
force and effect as of the date hereof.
Exhibit
VI.C.
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2. Term.
(a) This Agreement shall be for a primary term of ten
(10) years from the date hereof.
(b) Upon expiration of the primary term, Dowdy and the
District may renew this Agreement for eight (8) successive
five (5) year periods upon terms mutually acceptable to the
parties.
3. Rates. Dowdy shall pay to the District a monthly
charge in the amount of $350.00 for provision of Sanitary Sewer
Service to the Apartments. Said monthly charge may be adjusted
at the sole discretion of the District annually upon each
anniversary date of this Agreement in an amount not to exceed six
percent (6%) of the then -applicable monthly charge. Dowdy shall
pay the monthly charge to the District at its address provided in
paragraph 11 below, without prior demand therefor and without
deduction or setoff, on or before the tenth (10th) day of each
month during the term hereof.
4. Penalties. In the event Dowdy fails to remit the
monthly charges in the manner and time period provided for
herein, the District, at its election, may, in addition to any
other remedies provided for herein or by law:
(a) Assess a late charge not to exceed ten percent
(10%) of the unpaid and overdue balance; and/or
(b) Recover interest at the rate of eighteen percent
(18%) per annum, or the maximum legal interest rate if
greater than eighteen. percent (18%), on the unpaid and
overdue balance; and/or
(c) Curtail or discontinue Sanitary Sewer Service
under this Agreement if two (2) or more consecutive monthly
charges remain unpaid and overdue.
5. Increased Treatment Standards. In the event that,
during the term of this Agreement, any statute, ordinance,
regulation or order of any federal, state, or local government or
its agencies is duly enacted, promulgated or issued which
requires the District to treat waste water under this Agreement
to an extent greater than the level and quality of treatment
required by this Agreement or which requires the District to
modify or supplement the treatment methods or facilities owned or
contemplated by the District on the date of this Agreement or as
built, the District agrees to use its best efforts without
unreasonable delay to provide the additional or modified
treatment. Dowdy shall pay to the District, upon the District's
demand, 20.63 percent of the total cost of providing such
additional or different treatment; provided, however, that such
percentage shall not apply if either party demonstrates, by
reliable engineering data, that the Apartments' percentage of the
total water volume of waste and waste water treated by the
District at the time the District becomes subject to such
additional or modified treatment requirements is other than 20.63
percent. In such case, the percentage so demonstrated shall
apply to calculate Dowdy's share of the costs of providing the
additional or different treatment.
6. Duty of Care. The District agrees to exercise
reasonable care and good faith efforts to furnish Sanitary Sewer
Service to the Apartments as provided herein. The District shall
not be liable for any loss or damage to Dowdy or any third party,
whether direct, indirect or consequential, for any failure or
interruption of Sanitary. Sewer Service to the Apartments, except
in those circumstances where the District fails to exercise
reasonable care and good faith efforts.
7. Maintenance. Notwithstanding any provision of this
Agreement to the contrary, Dowdy shall contribute its
proportionate share of any maintenance costs or replacements
reasonably necessary and desirable to keep and maintain the trunk
line serving only the Apartments in good working condition and
repair. Said proportionate contribution shall be determined by a•
proportion equal to the number of years the Apartments have been
serviced under this Agreement compared to the total number of
years said trunk line has been utilized.
8. Indemnification. The District shall not be liable for
any maintenance, repair, replacement or any other loss or damage,
whether direct, indirect or consequential, caused by or resulting
from negligent acts or omissions on the part of Dowdy, Dowdy's
agents or employees, or caused by or resulting from any deposit
or discharge from the Apartments into the District's Sanitary
Sewer Service system of any oils, chemicals, wastes or other
substances, including any substances which have been or are at
any time determined to be hazardous by any state, federal or
local government or agency, which cannot be safely treated or
disposed of as residential, domestic waste water or effluent in
accordance with sound sanitation engineering practices and
federal, state and local laws, regulations, requirements and
standards. Dowdy will indemnify and hold harmless the District" -
from all loss, damages or expenses, including, without
limitation, expenses of any maintenance, repair, replacement,
clean-up, or litigation (including reasonable attorneys' fees
incurred therein) incurred by the District as a result of such
negligent acts or omissions or as a result of any such deposit o
discharge from the .Apartments.
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9. Default; Notice to Cure. In the event that either
party to this Agreement shall fail to keep or perform any
covenant, term or provision hereof required to be kept or
performed by such party according to the terms and provisions of
this Agreement, the nondefaulting party shall give the defaulting
party written notice specifying the particular default or
defaults. The defaulting party shall have such time as provided
in said notice, which period of time shall in no event be less
than twenty (20) days, in which to cure such default or defaults
within the period of the notice. During the period of time
provided to cure defaults, neither party shall initiate against
the other party legal proceedings for breach of this Agreement.
10. Termination.
(a) In the event that Dowdy fails to cure a default as
provided pursuant to paragraph 9(a), the District may elect
to terminate this Agreement, and the District's obligation
under this Agreement or otherwise to supply Sanitary Sewer
Service to the Apartments and its occupants shall then
terminate. In the event that this Agreement is terminated
pursuant to this provision for failure to pay monthly
charges pursuant to paragraph 3 above or any other amounts
due from Dowdy to the District hereunder, Dowdy hereby
assigns and grants to the District any and all rights which
Dowdy may have to enforce and collect any payments or rents
due to Dowdy which are owed by Apartment occupants. The
failure to declare this Agreement terminated upon failure to
cure a default shall not constitute a waiver of such default
or the rights provided for herein as to any other default.
Pursuit of any of the foregoing remedies shall not preclude
pursuit of any of the other remedies herein provided or any
other remedies provided by law, nor shall pursuit of any
remedy herein provided constitute a forfeiture or waiver of
any payment due to the District hereunder or of any damages
accruing to the District by reason of the violation of any
of the provisions herein contained. No waiver by the
District of any violation of any of the provisions herein
contained shall constitute a waiver of any other violation
of any of the provisions herein contained. The District's
acceptance of payments hereunder after the occurrence of a
default shall not be construed as a waiver of such default
unless the District so notifies Dowdy in writing.
Forbearance by the District to enforce one or more of the
remedies herein provided upon a default shall not be deemed
or construed to constitute a waiver of such default. Dowdy
shall pay the District's costs, expenses and reasonable
attorneys' fees in pursuing the District's rights or
remedies hereunder or as provided by law.
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(b) Dmwdy, in their sole discretion, may terminate
this Agreement upon the occurrence of any of the following:
(i) The failure of the District to deliver
Sanitary Sewer Service to the Apartments for more than
ten (10) consecutive days, unless such failure is
caused by or a result of acts of God, criminal acts of
third parties, curtailment or interruption of Sanitary
Sewer Service under paragraphs 4(c) or 14 hereof, or
enforcement of laws or regulations of federal, state or
local governmental entities.
(ii) Upon a failure of the District to cure a
default pursuant to paragraph 9 of this Agreement.
11. Notices. Notice under this Agreement shall mean
personal service or service by registered or certified mail,
United States mail, postage prepaid, at the following addresses:
Dowdy: Pat E. Dowdy and Patsy J. Dowdy
2077 County Road 112
Glenwood Springs, Colorado 81601
District: Spring Valley Sanitation District
0228 Auburn Ridge Lane, #E-101
Glenwood Springs, Colorado 81601
12. Specific Performance. It is specifically understood
and agreed that the rights acquired by each party hereto are such
that the failure of the other party to perform its obligations
hereunder would do irreparable harm to the nondefaulting party,
and there would be no adequate remedy at law. Accordingly, it is
,agreed that, in addition to any other equitable or legal
remedies, the obligations of the parties hereto shall be
specifically enforceable in any court of competent jurisdiction.
13. Force Majeure. It is expressly agreed that the rights
and obligations of the parties shall be suspended whenever either
party is unable to perform for reasons beyond its control or as a
result of an act of God or an act of a third party.
14. Service Interruption. In the event the District needs
to stop or curtail the provision of Sanitary Sewer Service to the
Apartments for maintenance or reconstruction purposes, it shall
have the right, upon reasonable advance notice to Dowdy, to
temporarily suspend or curtail the delivery of Sanitary Sewer
Service to the Apartments for the purpose of such maintenance or
reconstruction.
15. Benefit. This Agreement shall extend to, be binding
upon and inure to the benefit of the parties hereto and the
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heirs, successors, and assigns of the respective parties hereto.
Nothing in this Agreement is intended to confer on any third
person or entity any benefits, rights or remedies.
16. Integrated Agreement. This Agreement supersedes and
controls all prior written and oral agreements and
representations of the parties, including the Agreement between
the District and Los Amigos Ranch Partnership dated January 7,
1986, and is the total integrated agreement among the parties.
17. Authority to Execute. By signing this Agreement, the
parties acknowledge and represent to one another that all
procedures necessary to validly contract and execute this
Agreement have been performed and that the persons signing for
each party have been duly authorized so to do.
IN WITNESS WHEREOF, the parties have executed this Agreement
in duplicate originals on the day and year first above written.
Attest:
r j
Secret ry
SPRING VALLEY SANITATION DISTRICT
By )-"k 19
Pres dent
Dowdy
Patsy J.
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EXHIBIT "A"
Lot 2,
Resubdivision of Los Amigos Ranch,
Filing No. 1,
County of Garfield,
State of Colorado.
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BEGINNING BALANCE
+NUES
SPRING VALLEY SANITATION DISTRICT
1999 BUDGET
1997 1998 1999
Actual Projected $udaet
$ 32.058 17,889 25.778
Swer charges 10,440 18,300 20,000
P perty tax 248 1,615 1,704
S cific ownership tax 65 205 235
Interest 607 950 900
R unds 268 130 200
T fees 16,000 50,800 42,800
Plant expansion fees 40,000 40,000 1,000,000
Ellk Purchase - 25.925 -
Total Revenues 67,628 137,925 1.065.839
ITotal Available Resources 99.686
255,814 1.091. 617
ENDITURES
Int operation 10,526 2,500
Engineering 28,318 1,000
Eitctric 2,525 2,550
R airs and maintenance - 9,800
Office rent and supplies 651 615
Directors fees 1,762 3,750
I urance 2,268 2,247
Legal 7,956 12,500
Touhting
1,077 3, 000
T ^asurers fees 5 32
Capital outlay:
gineering 7,891 18,000
gal 1,354 24,000
onstruction 2,264 1,642
S stem development 15,200 49.400
Total
•erger'.cy reserve
TOTAL EXPENDITURES
E'DING BALANCE
Unrestricted
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ILL LEVY
SESSED VALUATION
81,797 130,036
6, 000
2,000
2, 600
1,400
650
3,000
3,000
4,000
3,000
34
60,000
20, 000
920,000
40,800
1,066,484
3.200
$ 8L797 13.2,.936 L 069.684
$ 124.122 25,778
.9 MILLS
$ 273,970
5.32 MILLS. 2.61 MILLS
$ 303,290 5 652,580
Exhibit
VII.A.
1
CERTIFICATION OF TAX LEVIES
TO: County Commissioners of GARFIELD County, Colorado. The
1OABII OF DIRECTORS
ofthe SPRING VALLEY SANITATION DISTRICT
(governing board) (unit of government)
1ereby certifies the following mill,levies to be extended upon the GROSS assessed valuation of
S 652,580
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Submitted this date: December 3, 1998
PURPOSE LEVY REVENUE
General operating expenses (Phis includes 2.61 mills S 1,704
the pemioa)
(MINUS) Temporary property tax credit/
Temporary mill levy rate reducon
39-1-1 i I.S, C.R.S.
SUBTOTAL
General obligation bonds and interest*
Contractual obligations approved at election
Capital expenditures (levied through public hearing
pursuant to 29-1-30I(1.2). C.R.S.) for (comrades lad
enteieipslittas oahj). 29-1-302(13), C.R.S. for (special
dtetrieta comfy) or appeared at eisetios
( )mills S( )
2_61_ mills S 1,704
mails S
mills S
Trills 5
Refunds/Abatements mills S
Other (specify)
TOTAL
mills $
Mills S
mills S
2.61 mills S 1.704
Intact person: GREG BOECKER Daytime phone: ( 970 ) 945-6399
Signed: / - � Tide 9, e S -,.(.\\. e--"--
1SPECIAL 0 CTSof County
must certify separate mill levies and revenues to the Board
Commissioners, one each for funding requirements of each debt (32-1-1603, C.RS.) Space is provided
In the back of this form. Totals should be recorded above on line 3.
NOTE: Certification must be carried to three decimal places only. If your boeundarics extend into more than
Ire county, please list all counties here:
end a completed copy of this form to the Division of Local Government, Roorn 521, 1313 Sherman Street,
enver, Colorado 80203, (303) 866-2156.
' - 3(3 FORM DLG 70 (Rev 1/98)
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ASPEN SPRINGS RANCH
FST 1886
February 1, 1999
Spring Valley Sanitation District
c/o Greg Boecker
2929 County Road 114
Glenwood Springs, CO 81601
Re: Wastewater Treatment Plant Funding Commitment
Dear District Directors:
This letter will confirm the commitment of Aspen Springs Ranch, Inc. to provide funding
for its pro rata share of the design and construction cost for the proposed new wastewater
treatment plant of the Spring Valley Sanitation District upon execution of appropriate pre -
inclusion and plant construction agreements, and upon the receipt of approvals for the proposed
wastewater treatment plant from the required state and local authorities. Aspen Springs Ranch,
Inc. strongly supports the Service Plan Amendment proposed by the Spring Valley Sanitation
District.
B
RANCH, INC.
ame ancia, Managing Director
4I5 East Hyman Avenue, Suite #IOI, Aspen, CO 8I6I I
970-544-3738 • Toll-free I-877-544-3738 • Fax 970-544-3794
Website: http://www.aspenspringsranch.com
Exhibit
VII.B.
LOS AMIGOS RANCH PARTNERSHIP
February 3. 1999
Spring Valley Sanitation District
c/o Greg Boeckcr
2929 County Road 114
Glenwood Springs, CO 81601
Re: Wastewater Treatment Plant Funding Comnittment
Dear District Directors:
This letter will confirm the commitment of Los Amigos Ranch Partnership to provide
funding for its pro rata share of the design and construction cost for the proposed new wastewater
treatment plant of the Spring Valley Sanitation District upon execution of appropriate pre -
inclusion and plant construction Agreements, and upon the receipt of approvals for the proposed
wastewater treatment plant from the required state and local authorities. L L4 Amigos Rauch
Partnership strongly supporta the Service Plan Amendment proposed by the Spring Valley
Sanitation District.
LOS AMIGOS RANCH PARTNERSIIIP
Thomas E. Neal, General Partner
7929 Co mry Rp.4 114, alRrwocd Springs, CO 31601
Phon./Fax: 974945-6899
Gerrero..! Pay+qtr
Berkeley Family Limited Partnership
3961 County Road 114
Glenwood Springs, CO 81623
Spring Valley Sanitation District
c/o Greg Boecker
2929 County Road 114
Glenwood Springs, CO 81601
Re: Wastewater Treatment Plant Funding Commitment
Dear District Directors:
This letter will confirm the commitment of Berkeley Family Limited Partnership to
provide funding for its pro rata share of the design and construction cost for the proposed new
wastewater treatment plant of the Spring Valley Sanitation District, upon execution of
appropriate pre -inclusion and plant construction agreements, aild upon the receipt of approvals
for the proposed wastewater treatment plant from the required tate and local thori ' - s.
by the Spring Valley Sanitation District.
Berkeley Family Limited Partnership strongly supports the Se ice Plan e t proposed
Berkeley
FIlarg‘r141&
By:
I\IY11..I.y'.Y. YV^•ylNw Fuming., Commognnetml
Schenk, Attorney in • ct