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1.0 Application
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned__e f-YLES'�"' TI7r-LOald of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of /&__ _acre tract of land into tracts of approximately 2 _acres cox, more or less, from the definitions of "subdivision" and subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: SEE ATTACHED LETTER respectfully petitions the Board SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information. A. Sketch map at a minimum scale of 1"=200' showing the legal desecipLiou of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements .for drainage, irrigation, access or utilities; B. Vicinity map at a minimum scale of 1"-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a :Letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining .and within 200 feet of the proposed exemption, mineral lessees and of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteri.sticG of each type; and Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and I. IL shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973., J. A X3.00.00 fee must be submitted with the application. Pel.i. one 2'r...., c%�f�,,�f',,.f A ,.Jn•�f'. r71‘ . Mailing Adre§s ,4 7).t_ -t-_ 6,4 i // City State ..34›.1_ 9 z_s- - 633 `/ Telephone Number 1Il1I11 11 10/005_ I i II u it /I 1 ,'\. ..1 I i1l I?O 172 1 '•; i1. II `\\\'.'-. �.. BM 5957 .( il. 25 36 ,;•(,„ p 7064 30 6' 6910.E / 11 �\ I. ,, X00` A ' 7 - 1 it bU0 i' 11 II ' 0 1 `/ 4_`7�� O `C ‘ }• • • • rave h 4 Gyve i 1 663941„ 3926 FYRWALD EXEMPTION / 0 CP 11 p I 0 6) 71, 1 `67/3 4/ %a, 19 13M \6025 !II 0 I p II II 11 II II II 11 11 ., 11 \\ , F` • 7232 I\`� 0, \l 0 • 1!jIHITV MA -, 1 7. ii -1- N1/4 1 \\i\\ 1"-2000' f i T- ' 0 0 0 I I \ - m: 6700: November 27, 1995 Mark Bean Garfield County Planner 108 8th Street Glenwood Springs, CO 81601 Re: Fyrwald Subdivision Exemption Application Dear Mark: land design partnership Attached herewith are the application forms, plans, supplemental information and application fees as required for an application for exemption from subdivision procedures. This information is submitted on behalf of the owner and Petitioner, Ernie Fyrwald. Herewith is a copy of a deed transferring the property to the previous owner (Colton ) and the deed from Colton to Fyrwald and partners. This provides evidence that the property has not been divided since prior to 1973 and thus qualifies for consideration as an exemption from normal subdivision regulations. EXISTING SITE The ten plus acre parcel is located on Hwy 82 five miles south of Glenwood Springs. It is the site of the Summit House (formerly Coltons) furniture store and is zoned Commercial/Limited. The attached Sketch Plan shows all the existing structures on the site including two large warehouses, the furniture store, a small warehouse and three mobile homes. Access is provided by two driveways from Hwy 82, one at the north end of the property and one near the middle of the highway frontage. Access to the site is available to south bound Hwy 82 traffic only. The southerly half of the site is open field. An on-site well (see Sketch Plan) serves all existing uses on the site. Wastewater disposal is handled by multiple septic tank and leachfield systems. The Sketch Plan shows that some of the existing structures extend into the railroad right-of-way. This apparently is the result of some confusion over property boundaries in the past. Note the old property line and also an easement on the railroad right-of-way as depicted on the Sketch Plan. It is possible that some time in the future the railroad could call for the removal of these structures form railroad property. P.O. Box 517 • Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 • Fax (303) 945-4066 Mark Bean 11/24/95 page 2 Adjacent uses include Sopris restaurant to the south, agricultural fields to the southwest (Unocal ranch), railroad to the west, residential to the north and Hwy 82 to the east. Various commercial and residential uses (furniture store, truck rental, warehousing, mobile homes) currently occupy the structures on the site. PROPOSED SUBDIVISION The Sketch Plan shows the creation of four lots ranging from just over two acres to nearly four acres. All existing structures are included within lots one and two with the furniture store isolated on lot one. Initial access to all lots will be through the existing central driveway via easements as shown on the Sketch Plan. Upon identification of the future uses of lots three and four, an access permit will be processed with the Department of Transportation for the relocation of the existing central drive to the common boundary between lots one and two. At that time, the cul-de-sac shown and any required highway improvements will be constructed. Prior to the identification of the future uses, it would be difficult to accurately process an access permit. Domestic water will be provided by a new commercial well. Application is being made to the Basalt Water Conservancy District for a water rights contract for the new well. The site is located very close to the Carbondale and Rural Fire Protection District Sub Station. Based on the request of the District of other commercial subdivisions in the same vicinity, the Petitioner proposes to pay to the Fire District a fee comparable to that paid by other developments in the area. It is understood this fee will be used to construct a water storage facility at the fire station site. Wastewater will be treated by on site septic tanks and leachfields. These will be designed by a registered engineer in accordance with Colorado Department of Health Standards. This requirement will be noted on the exemption plat. Future uses of the lots will be specifically .limited by the amount of effluent they generate. Many uses will not be possible on the property because their wastewater discharge would be greater than can be accommodated by on-site disposal systems as regulated by the Department of Health. Mark Bean 11/24/95 page 3 Please contact me if you have any questions or require any additional information. Sincerely, Ronald B. Liston FYRWALD EXEMPTION PROPERTY OWNERS WITHIN 200 FEET Collected 11/27/95 WKP,Inc. P.O. Box 1985 Glenwood Springs, CO 81601 Union Energy Mining Division Attn: Union Oil Co. of CA P.O. Box 7600 Los Angeles, CA 90051-0600 BMC Assets, Inc. P.O. Box 8008 Boise, ID 83707-2008 Coryell, Clarence E. P.O. Box 475 Meeker, CO 81641-0475 Coryell, Patrick 6931 Hwy 82 Glenwood Springs, CO 81601 Mountain Meadows Mobile Home Park Corp. Attn: Marilyn A. Hammar 361 E. Vista Drive Silt, CO 81652 Mallory, William J. 5451 Co. RD. 154 Glenwood Springs, CO 81601 Rudd, Wayne & Susan C. 52 Flying Fish Road Carbondale, CO 81601 Rudd Limited Partnership 52 Flying Fish Road Carbondale, CO 81601 Mineral Rights Owner: Coryell, Charles 6931 Hwy 82 Glenwood Springs, CO 81601 89—Mussel loam, 1 to 6 percent slopes. This deep, well drained soil is on terraces and foot slopes. It formed in alluvium. Elevation is 6,500 to 7,500 feet. The average annual precipitation is 13 to 14 inches, the average annual air temperature is 42 to 44 degrees F, and the average frost -free period is 75 to 90 days. Typically, the surface layer is Tight gray loam about 8 inches thick. The upper 34 inches of the substratum is sandy clay loam. The lower part to a depth of 60 inches is gravelly sandy clay loam. Included in this unit are small areas of Yamo soils. Included areas make up about 10 percent of the total acreage. Permeability is moderate in the Mussel soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. This unit is used as hayland or for homesite development. If it is used as hayland, the main limitation is low fertility. Grasses and legumes grow well if adequate fertilizer is used. If properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually. The suitability of this unit for range seeding is good. The potential plant community is mainly western wheatgrass, needleandthread, Nevada bluegrass, Sandberg bluegrass, and big sagebrush. The average annual production of air-dry vegetation is about 800 pounds per acre. This unit is well suited to homesite development. This map unit is in capability subclass IVe, irrigated and nonirrigated. It is in the Rolling Loam range site. 107—Uracca, moist-Mergel complex, 1 to 6 percent slopes, extremely stony. This map unit is on alluvial fans, benches, and valley side slopes. Elevation is 6,800 to 8,400 feet. The average annual precipitation is 16 to 19 inches, the average annual air temperature is 40 to 43 degrees F, and the average frost -free period is 75 to 95 days. This unit is about 50 percent Uracca soil and 40 percent Mergel soil. Included in this unit are small areas of soils that are similar to the Uracca and Mergel soils but have a thicker surface layer and a lower content of coarse fragments. Included areas make up about 10 percent of the total acreage. The Uracca soil is deep and well drained. It formed in alluvium derived dominantly from ►nixed igneous and metamorphic material. About 3 to 15 percent of the surface is covered with boulders, stones, cobbles, and gravel. Typically, the surface layer is brown cobbly sandy loam about 3 inches thick. The upper 5 inches of the subsoil is cobbly sandy loam. The lower 7 inches is very cobbly sandy clay loam. The substratum to a depth of 60 inches or more is extremely cobbly loamy sand. The content of coarse fragments ranges from 35 to 85 percent, by volume, in a major part of the surface layer and subsoil. Permeability is moderately rapid in the Uracca soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. The Mergel soil is deep and well drained. It formed in glacial outwash. About 3 to 30 percent of the surface is covered with boulders, stones, cobbles, and gravel. Typically, the surface layer is grayish brown cobbly loam about 8 inches thick. The upper 12 inches of the substratum is very cobbly sandy loam. The lower part to a depth of 60 inches is extremely story sandy loam. The content of coarse fragments ranges from 3 5 to 80 percent, by volume. Permeability is moderate in the Mergel soil. Available water capacity is low. The effective rooting depth is 60 4 SOI L T TES SHEET NO. 19 SOIL SURVEY OF ASPEN -GYPSUM AREA, COLORADO, PARTS OF EAGLE, GARFIELD, AND PITKIN COUNTIES (CATTLE CREEK QUADRANGLE) (Joins inset A, ;heet 14) 07" -)nr. .,1 .L' Recorded at ..� ;. .......o'clock.... p.bt...118 r Reception No....23292,.....Ib'......j,965.............. ....».........Q,��w�*.......».....Recorder. THIS DEED, blade this a 8 In the year of our Lord one thousand band and nin di/ °! beC®ntb�t ` between red awl sixty-five JOSEPHINE CORYELL of the Coua!y at of Colorado, of the first part, MIGarfield and "tato LLOYD N. COLTON of theH allo County o1� rnliand State of , o ho second part: WITNE89p,TII, That the said part y TEN DOLLARS ANpof the tint part, for tend Inconsideration of the sum of OTHER GOOD AND VALUABLE CONSIDERATION ....... 1�Ngpg, whereof Is hereby confessed and acknowledged, hurt 8 to the said part y of the first part in hand paid by the said part .Y of the second part, the reccipt present do es 'grant, bargain, sell, conveygranted, bargained, sold Intl conveyed, and by tlivs, heirs and assigns forever; following described ; all the loliowlllo�t� gtinto the said party of the second part, itis In the 01 or parcel A of land, situate, lying and being d tract of land situated in LotG2pfof18ection 1 Aange West of the 6th Pini Lo and State of Colorado, to -wit: Lot 1 89 Section 7,pal Meridian, Lot 1oinbsectiono6 South, L1 in>cSecti Township 7 South, Range 88 West of the 6th Prin- cipal Neridi No Garfield County, Cblorado,. long Southwesterly of Western ghWay No. 82 and Northeasterly of the Denver & Rio Grande (Aspen Branch), described as follows: BEGINNING at a point on the Southwesterly 'highway whence the North Y right-of-way line of said 3igwhence NQuarter Cornet of said Section 7 wears N. N. 03' E. W. 89.643 feet;thence S. 01°51':30" W. 199.22 feet; N. 88°1'to a feet; thence S. 02°02' E. 58.52 feet; thence 463.67 feet• point on the Northeasterly right -of -wit, line of Westai thence N. 19°45' W. 422. right-of-way line of said railroad; thence' feet N. °52' W. Northeasterly feet alongtheNortheasterly right-of-way'li 52 W. N. 61°50' r. 301.81 feet to a line. of said railroad; Nay 1of 301 highway; point on the Southwesterly right -of - why line saidy; thence S. 36°45115" E. beginning, Southwesterly right -Of -way line of said-highway00to5'the5 epoint�of containing 11.84 acres, more or les. IXCEpT an undivided one-half interest, ib and to other minerals in and under all oft the above desc all and Book 372 Pal;e 175 IIIH1 H1:\1,111 tom' 1%1111,‘I 1�1)il Is,I.`in1 20 • Reception No. 176237 B-936 P-75 04/0-1/95 04: IIP PG 1 OF 3 `IILDRED AL.SDORF GARFIELD COUNTY CLERK AND RECORDER WARRANTY DEED THIS DEED, Made this 31st day of March LLOYD N. COLTON AND ROSELEE R. COLTON, AS TRUSTEES OF THE LLOYD N. COLTON AND ROSELEE R. COLTON REVOCABLE TRUST DATED DECEMBER 28, 1978 of the said County of BERNALILLO and State of NEW MEXICO ASPEN SPORTS, INC., A COLORADO CORPORATION Rex.nrder REC IXC NFEE 15.00 150.00 1995 bctwccn whose legal address is 408 E. COOPER AVE. ASPEN, CO 81611 of the said County of PITKIN and State of COLORADO grantor. and ,grantee: DOC FEE $150.00 WITNESSETII, That the grantor for and in consideration of the sum of good and valuable consideration and ten DOLLARS. the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents docs grant. bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate. lying and being in the said County of GARFIELD and State of Colorado described as follows: SEE EXHIBIT "A•' as known by street and number as: 7052 HIGHWAY 82, GLENWOOD SPRINGS, CO 81601 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging. or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents. issue and profits thereof, and all the estate. right. title, interest, claim and demand what- soever of the grantor. either in law or equity. of, in and to the above bargained premises, with the hcreditancnu and appurtenances. TO IIAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grant.. his heirs and assigns forever. And the grantor, for himself, his heirs. and personal representatives, docs covenant, grant. bargain, and agree to and with the grantee. his heirs and assigns, that at the time of the enscaling and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect. absolute and indefeasible estate of inheritance. in law, in fee simple. and has good right, full power and lawful authority to grant. bargain. sell and convey the same in manner and form as aforesaid, and that the same we fr. and clear from all former and other grants, bargains, sales, liens, taxes. assessments, encumbrances and restrictions of whatever kind or nature soever, except real property taxes for the year 1995, not yet due or payable and those items set forth on Exhibit "A" attached hereto and made a part hereof. The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grant., his heirs and assigns, against all and every person or persons lawfully claiming the whole or any pan thereof. Thc singular number shut include the plural, the plural the singular, end the use of any gender shall be applicable to all genders. IN WITNESS WIIEREOF, the grantor has executed this deed on the due set forth above. LLOYD N. COLTON AND ROSELEE R. COLTON AS TRUSTEES OF THE LLOYD N. COLTON AND ROSELEE R. COLTON REVOCABLE TRUST DATED DECEMBER 28, 1978 LLOYD COLTON, TR TEE BY LAWRENCE COLTON AS ATTORNEY IN FACT 0k rLJ. ul� Ro R. COLTON TRU EE BY LAWRENCE COLTON AS ATTORNEY IN FACT State of COLORADO ) )u. County of GARFIELD The foregoing instrument was acknowledged before me this 31st day of MARCH .19 95 . by Lawrence Colton as attorney in fact fot Lloyd N. Colton and Roselee R. Colton as Trustees of the LLoyd N. Colton and Roselee R. Colton Revocable Trust Dated December 28, 1978 .ion expires 051795 Ss Ci Oyu o• a (04 malt dcdw..o.,aSprri0 . - all. No. sso2]T21 Cd .� A ss R1IAMT1f DELI) Ih.an n.phk /tamed) STA . Witness my hand and official seal. �LLLL�_ G_ a,1 agitUz lci Notary Puh Return 15 to: Peter T. Moore Clanahan, Tanner, Downing and Knowlton, P.C. 1600 Broadway, Ste. 2400 p Denver. CO 80202-4924 Tae • ASPEN SPORTS ASPEN •SNOWMASS To: Whom it May Concern I, Ernie Fyrwald, President Aspen Sports, Inc. hereby authorize Zancanella and Associates to apply for any and all well permits on my behalf. Respectfully, Ernie F >iald President, Aspen Sports, Inc. SKI IT. SHRED IT. JUMP IT. CARVE IT. RIDE IT. CLIMB IT. BLADE IT. CATCH IT. GRIP IT. RENT IT. GET IT. at ASPEN SNOWMASS 408 EAST COOPER AVENUE COLORADO 81611 (303) 925-6334 FAX: (303) 925-2755 SED -ITR DIV 5 TEL :303-945-5665 • DIVISION OF WATER RESOURCES WATER DIVISION FIVE Office rrf the Slate Engineer Depdrlment of Natural Resource$ 50633 U.S. Hwy 6 & 24 RC), Box 196 Glenwood Springs, CO 81602 Phone (303) 945-566.5 FAX (103) 94 ;-8741 DATE: Jan 09 96 15:15 No .003 P.01 • SI TE OF COLORADO FAX TRANSMISSION (1 _VER SHEET TRANSMIT TO FAX NUMBER: IMMEDIATE DELIVERY TO: FROM: NO. OF PAGES (INCLUDING - -/ e9 4--i r- -�/-Xe COVER SHEET),: s7 4 Roy Rome,' Governor lame'. 5. LrKhhe,dd t'recutive Director Hal H. Simpson State Engineer Odyn I. Bell Giviyion f ng,necr INSTRUCTIONS/COMMENTS : Ke • n2414:7-1._ /a `1 l%Oa'I S7 �.- �� tr /7'' 6. /r r TIS O/Jllryam.0 , /9IS ,r " t. p /'�71 - - r , /�� -- (-4.5" L O C.--wtr p / % ' ! /,,7 e tt '1 ,c i /-'4 Y4. Sc_ , Ti( S `"yF �-` / / • - VI l ''? L a -, Y �� :% ,71 -re t _ ar ''t - r- L,r vrt f tom( r re -c c.r ly 490,,E m /r� + '�� 11%)1 f r tr a -, . /! r,• C. !` , rH('('ivj ricj t)'ansmis: :i Ori of c]ocumen (i) r pluabe 11 you have problems ems call 99'_r 5665. OUR FAX NUMBERS: ,„4" "dsz! r ~ 66,40 .7Q0 7e 12 Gar• -,7 5 WATER RE 'OIJRCl 30.1) 94.5-8741 or (503) j/4 . 866-54]r, K2 .� d v 7%, -� ,- 4 SED—LJTR DIV 5 TEL : _,C)3 -945-56E_ 5 • Jan 09 96 15:15 No .003 P.02 • 1(Ab� STATE OP' COLORADO 0 Dry toN Or wATk;lt RESOD1trj:S Q x 0k'ff[CE OP THE liTA•I'li LI -4; INEEI.t tf MAY AND STATEMENT I.Vit WATER WELL FIIING E5V•7-r1-. 7.1r1) tijfi Registered_ [;ill(t�.'.'+;J PElthnT NilMflEY1 .-_ 7.0 u1Ri� iltilrEti t the undoralp,ned_ 0..0 /11-6 Know all mon by these presents: elnlmant(s), whore address ly tates; Clatmantt.(a}"fe (Ape) the owucr(jy of welt No, J.']Qt,J.pcated ns Rhown on the 'nap below; the tulRl number of sores o[ land owned by him (them) to bo irrigated [rom this we.11 to ; work wan commenced on thin well by Actual onnatruution_ �3;day of— 1944 t io testers esipnoity of Raid well is /!5. ( (gpo)) ¢,.fo), for which claim to hereby made tor,,7ltt..g1 a5:}T(m purposes; that the avorage a,inual amount of water to he divert d.is _ aere-ft.; end that the aforetnontioned statement° tug made turd this map and statement are tiled In oomplienee with the law• S$Ate of Co1orgdo i County o p:a Subsorlbed And sworn before ruc thin My CanunLealnn expires_.. Wauuauita) �dNy of — 19___. Notilry Patio YI1E WELL SHALL 13E LOCATED WITH EEFF,,RENCE TO OOVERHMENT SURVEY CORNERS UI1 MONUMENT, OR SECTION LINES HY DISTANOE AND HEARING. feet frniii-.--- (North or South) seotfob lint, feel rz'dtn—' ,y., 1l'. .-.. ANt or WCrrt) sactlon line IF WELILJS Wit innIGATION; THE AREA TO RE lltttIMTED MUST BE Shall ;O OR 0110811- IIATCH EI).. - Tho square below wUl he.tsed to indteste the 1oo11tton of tlw well'nnd the 1.. Y�r T71--•- L I , ACCEPTED 1 1'011 FILING IN TUE OFFICE OF THE a_,'t'E ENGINEER OF COLORADO DAY OF trrlgated land, WELL LPCATIVN moi, -t rl County I M —41 z114. l/a, sen / Grrrnnct Water 8dpifl— -- Water Water Management District•_._, Lorner;tio wells may bo locat d by the 1 ,111, f,riica tl; ,w'I'__ • BLOCK 1� . oct.tte '.il�EX7T buDDIVl1t1Ofr ON T11I5 SEO-IiJTE DIS' 5 TEL :303-945-5665 i WELL LOG (.round Elevation Typo Drilling Jan 0`9 96 15:16 No.003 P.03 SLOG AND ?DRY Date Slartcd • --Date Completed From To Type of Material Water Loc. Perf, - Ufio additional paber-1f necetssary to complete log and atttauh. State of Colhrado County of ) SS WELT, DATA Hole Diameter: tn. from 0 ft. to, 1 LQ ft. in. from ,tt. to _ ft. ____ ... in. from ft, to ft CASING 1tECCltn Cetnented f rom Pial -OpLog Stye, kInd„�loin_ ft. to . ft , kind_,_--_ from ft. to._ ft. Size , ktnd`__._,.. from __ft. to __ ft. Perfor� tied Cas ig Size , kitld -frotn.to Size__._ , kind from ft. to ft. Size_ -' . kind_ front . ft. to_ - ft. TEST flATA Dato Tooted - Typo of Pump Length of Test •Con. tru t Yield Drawdown PUMP DATA (To be filled Int) Type of Puliip g rJ / t — Outlet iP17e •_ Drivon by 1Iorsepower • `Pili TO WATER • '+�,r WELL DRILLERS STATEMENT TOTAL DEPTH eel being duly sworn, 'depose?A and says: he is tho driller of the above' described well; he has read tho above map ani statement,- knows the content thereof, and the same is true of his own knowledge. Subscribed and sworn tp before foe tills My Commission expires , 19____. rORM TO DL MADE OUT IN c'UAARU'PLrCATEt Original WHITE (both sides) G Triplicate GREEN Copy must he filed with the State Engineer within 30-dnya after we)) is completed, Duplicate PINK copy is for the Owner G ? LL.OW copy for the Orlllcr. WHITE FORM MUST BE AN ORIGINAL COPY ON ROTH SIDES AND SIGNED. License No. day of 14.itary Public 19..___.. . CEO-WTR DIV 5 TEL:303-945-5665 W4-5-67 OTC OF COLORADO DI L,% A PERMIT TO 447 A PERMIT TO APPLICATION FOR: 1_7 REPLACEMENT (Reason) EJ OTHER APPLICANT PRINT OR TYPE 2 Jan 09 96 15:16 No.003 P.04 VIS:ON OF WATER•SOURCES Street Address City & State Use of ground water Owncr of land on which well is located �" Number of acres to be irrigated _ Legal description of— irrigated land Other water rights on this land Owner of irrigated land Aquifer s ground wat Is for be obtained From ESTIMATED WELL DATA Est. quantity of ground water to be claimed: Est. Max. Yield ,J 7- GPM oma. CFS Est. average annual amount to be used In acre-feet Storage capacity Anticipated start of drilling__ ...-.___19 Hole Diameter: from.-_ nJ ft. to /0'0 ft. in. from ft. Lo ft. Casing; Plain Perf. Ji In. in. in. in. fromi' from _ ft. f rorn 4 f t . from ft. AF to Cft. to f t . to �ft. to ft. PUMP DATA:/1./Outlet 1Ype ` HP, `Y S1ze „� FOR STATE ENGINEER OR COMMISSION USE USL GROUND WATER C6.STRUCT A WELL FOR NO. COUNTY, 11//''2 Street or Lot & Block City nr Subdivision T. ' 1.14ulz �C AUGu 196z !!!!.77. .� SEM 511,1: LOCATIQN OF WELL 41,1d, sec._ / R. C� 5(4 P.M. Ground Water Basin Wator Management District LOCATE WELL ON THE BACK OF THIS SHEET Driller .<< Cl y No ..Z i Driller's Address tgnature o Applicant CONDITIONS OF APPROVAL APPLICATION APPROVED: VALID FOR ONE (1) YEAR AFTER DATE ISSUED UNLESS EXTENDED COR GOOD CAUSE SHOWN TO THE ISSUING AGENCY , PERMIT NO. 31,7(3(3 CONDITIONAL L.J DATE :S11A 1967 ..�s:•cGr STATE ENGINEER By or G AIRMAN GROUND A1J:R COMMISSION APPLICATION MUST BE COMPLETED SATISFACTORILY BEFORE ACCEPTANCE 1 SED-WTR DIV 5 TEL • Jan 00 00 15:17 No . X003 P.05 THE LOCATION OF THE PROPO5Eo WELL SHALE BE SHOWN ON THE DIAGRAM BELOW WITH REFERENCE TO SECTION LINES OR GOVERNMENT SURVEY CORNERS OR MONUMENTS feet from feet from (North or South) section line (East or West) section line IF WELL 1S FOR IRRIGATION, THE ARCA TO BE 1 flIGATED MUST BE SHAfFD OR CROSSHATCHED. This diagram represents nine (9) sections. Use the C_ENYE_R_ SQUARE (one section) to indicate the location of the well. 1 + r _ + — + _ r - ± - i -+- — -1- - ---I 1 • 1 + -r -} --- 1- -4- ± -- .} - + ., + - -1- + .-- + - - -� - —1 i ± •. - -t-— - + _ 4- -1_ — -F ... -I- +. --- + -. .+. 1 1 1— I -I + - -I- _ + + _ + _ + - J 1_ - 1 - 1 _ • THE SCALE OF 11 -IE DIAGRAM IS TWO 1NC1lFS EQUALS ONE. -MILE C. P.O. Bbx 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z4NC414ELL4 4ND 4S50CI4TES, INC. ENGINEERING CONSULVaNTS March 26, 1996 Mr. Mark Bean Garfield County Planning and Zoning Commission 109 Eighth Street Glenwood Springs, CO 81601 Re: Fyrwald Exemption Dear Mark: Q (970) 945-5700 (970) 945-1253 Fax MAR 2 7 1996 GieiiFIELD GC)i AKTY Attached is our January 4, 1996 pump test evaluation of the existing Colton or Fyrwald well. We have moved the Fyrwald well Receipt # 396982 to a new location approximately 280 feet south. This was done to resolve some 600 foot spacing conflicts of the potential expansion of the existing well. There were still two wells located within the 600 feet of the proposed Fyrwald well. We have obtained waivers to the 600 foot spacing rule for these wells (see attached). The new well is proposed to be constructed in the same Roaring Fork River alluvium as the existing well (test results are enclosed). It is our opinion that both wells would be tapping the same aquifer and should have similar results. Ms. Sherry Caloia will be providing a letter as to the legal availability of the water. It is our understanding that the existing use may continue to operate under the existing well. We have also made provision so that the new well will be covered in the Basalt Contract, to supply the needs of both the existing and future use at the Fyrwald exemption. If you have any questions, please call our Glenwood Springs office at 945-5700. Very truly yours, Zancanella and Associates, Inc. Thomas A. Zancanella, P.E. President cc: Ernie Fyrwald Sherry Caloia TAZ/tII/95235 • • 600 FOOT WELL SPACING STATEMENT I(we) Dave Dodson state as follows: 1. I (we) own real property described as: 1254 127 Road in the SE '/a of the SE 1/4, Section 6, Township 7 South, Range 88 West, 6th P.M. Garfield County, Colorado. Located on our property are the following well(s): Permit No. 36168 and Permit No. 16994 Permit No. 28065 (USE PERMIT NO. IF KNOWN) 2. I (we) have been apprised that Ernie Fyrwald of Aspen Sports, Inc. present owners of a parcel of land: see attached map and legal description. Desire to drill a new well or to extend the use of an existing well. I(we) also understand that the purpose of such well is set forth in the well permit application, and that I(we) have reviewed the application that was submitted to the State Engineer and receipted by him under Receipt No. 396982 and Permit No. 31706. 3. The proposed location for the subject well will be less than 600 feet from one or more of my(our) wells. By this statement I(we) are specifically waiving any objection to the issuance of a well permit; for the subject well, as set forth in the referenced application, and would request that permit issuance not be postponed or denied because of any concerns by the Division or others that the proposed well will materially affect my (our) well(s) or water right(s). I(we) also specifically waive any right I(we) may have to participate in a hearing before the State Engineer pursuant to Section 37-90-137(2), C.R.S. Dated this / — day of WcH 1996. AK\• P.O: Box 1908 • 1005 fooper Ave Glenwood Springs, CO 81602 Z4NC4NELL4 4110 4SSOCI4TES ENGINEERING CONSULT4r January 4, 1996 Ernie Fyrwald Aspen Sports, Inc. 408 East Cooper Ave. Aspen, CO 81611 Re: Fyrwald Well #1 Dear Ernie: (970) 945-5700 (970) 945-1253 Fax At your request, Zancanella and Associates, Inc. has made arrangements to pump test the Fyrwald Well #1 to determine its long term safe yield. The well is located in the SW 1/4 of the SW 1/4 of Section 6, Township 7 South, Range 88 West of the 6th P.M. at a point whence the North 1/4 corner of Section 7, Township 7 South, Range 88 West of the 6th P.M. bears South 86° 14' 01" East a distance of 818 feet. The well can be plotted 28 feet from the west section line and 25 feet from the south section line. The approximate location of the well is shown on the attached site map (Figure 1). The static water level in the Fyrwald Well #1 on December 27, 1995 was 74.5 feet below the top of the well casing. It is estimated the well was drilled to a total depth of 110 feet and was completed in the Roaring Fork River Alluvium. The static water level in the Fyrwald Well #1 will provide approximately 35.5 feet of available drawdown. This well has historically served the Colton Furniture Store and three single family residences with no reported difficulties. The well was tested on December 27,1995 by Samuelson Pump Company. The existing well pump was used to test the well, to avoid putting the existing residences out of water during the holiday week. A pumping rate of 10 gpm was selected ( the maximum out put of the well pump) and the well was pumped continuously for a 24 hour period. The drawdown and time data collected during the test is presented in Table 1. We have plotted the data in a drawdown vs. time curve for Well #3 and have presented the curve in Figure 2. The well demonstrated continuous drawdown over the pumping period. The well pumped at a nearly constant slope throughout the test. The pumping level at 10 gpm stayed well above the pump intake during the pumping test. If the well continues to pump at the same water level that was established during the test, the well would be able to pump in excess of 100 days at the 10 gpm rate with the water level remaining above the pump intake. (Figure 2) Page 1 Consumptive Use (values in acre feet) Or O O) Na) O) O r 07 O 0 O O) O O O O r O r .(,./2 lC) (D In Tr M r r r (h 0 O O) O O Cr! O F"' O O 0 0 0 0 0 0 O O O O M O t[) 0- 00 0 OO Q r T Trco O • 0 a 0 0 OO Cr- N Nul .- 0 0 0 p O '0 O O o 0 0 0 0 0 0 0 0 001. r co D c 0 a 0 3 • o 0 0 O O N N N"" 0 0 0 ltl 'tl O O 0 0 0 0 0 0 O O O O r c) Ero - oro.- -or-or N �0 000000000000 E E ° 0 U O o 0 0 0 0 o O o 0 0 0 0 0 o _ 0 0 0 0 0 0 0 0 0 0 0 0 p o ° 0 0 0 0 0 0 0 0 0 0 0 o E o I • c J O N O )- N. O W V (D N 00 O Q O 01 (n Cr. N r O) c0 F- O O O O 0 0 0 0 f - ✓ c 0 0. Co a c •c o. 0 c c c O ; 0 (1)13 3 .f, o co W .2 •c 1— Q U .a m 0 O EO 0) E ° COo Q 0 06 L aa 0 0 w oo Q. E r Q0 o o cd Z NL DATE: 1 'o- O O 0 0 N 1')) 1')) N O 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 O (n O o O() O (D O O 0 0 O O (7 (`') ('') N N 0 0 0 O O O O O O O O O O O O O (") Ow C3 CO O CD Co 01DO n (D (� (O n (0 n n (D n o n O 00000000000 0 0 0 0 0 0 0 0 0 0 0 0 O 00000000000 zT 7 7 U —m c 0 `• 0 (0 .a 0 c (6) % CU for Domestic (7) % CU for Commercial C C N • U 0 OW • co C 0 CO 0 a) w U -m U C C ,- C O aa) a rn8)-(cin. - = c 0.-c c 0Ci) O C ▪ C ] > D > (0 3 C > O C > N N c Q W Q W e o m o) 00 1 i10 u 0 0 0 0 LO 0 0 ) c) ( (*) O O O O N O N O O N m -0-- v. v. U 0 E a i0 D 0 co — c O C 0 -O g _8 . -° 0 -� m m c C -0 a vo 2a 1,0 N N c a el < a) v a N 3< o) cm c -E m) ,- Q c 0 Q Q O 0 Q O O U) W 2 = W - NC _ O dam)O Q-0 U 0- 1 4 .14 1 (A F- Q 0 - N (v) V �D 0 0 (10) (6)+(7)+(8)+i5) (5) (1)+(2)+(3)+(4) • • TABLE 1 FYRWALD WELL # 1 PUMPING TEST DATA DATE TIME WATER DRAW LEVEL DOWN t t' t/t' Q 27 -Dec -95 10:00 AM 280.96 0 0 27 -Dec -95 10:01 AM 284.25 3.3 1 10 GPM 27 -Dec -95 10:02 AM 284.46 3.5 2 10 27 -Dec -95 10:03 AM 284.58 3.6 3 10 27 -Dec -95 10:04 AM 284.67 3.7 4 10 27 -Dec -95 10:05 AM 284.71 3.8 5 10 27 -Dec -95 10:06 AM 284.75 3.8 6 10 27 -Dec -95 10:08 AM 284.75 3.8 8 10 27 -Dec -95 10:11 AM 284.83 3.9 11 10 GPM 27 -Dec -95 10:12 AM 284.92 4.0 12 10 27 -Dec -95 10:15 AM 284.96 4.0 15 10 27 -Dec -95 02:33 PM 284.96 4.0 273 10 27 -Dec -95 06:28 PM 285.08 4.1 508 10 27 -Dec -95 10:07 AM 285.21 4.3 1447 10 FYRWALD WELL # 1 RECOVERY TEST DATA DATE WATER DRAW LEVEL DOWN t t' t/t' Q 10:07 AM 286.00 5.0 1447 0 0 GPM 28 -Dec -95 10:12 AM 281.44 0.5 1452 5 290.4 0 28 -Dec -95 10:14 AM 281.27 0.3 1454 7 207.7 0 28 -Dec -95 10:15 AM 281.21 0.3 1455 8 181.9 0 28 -Dec -95 10:16 AM 281.25 0.3 1456 9 161.8 0 GPM 28 -Dec -95 10:17 AM 281.29 0.3 1457 10 145.7 0 28 -Dec -95 10:18 AM 281.44 0.5 1458 11 132.5 0 28 -Dec -95 10:20 AM 281.42 0.5 1460 13 112.3 0 28 -Dec -95 10:22 AM 281.35 0.4 1462 15 97.5 0 Well5wdr.wk4 Page 3 O 0 O O DRAWDOWN (feet) O O 10 gpm Pumping Rate 15 gpm Projected Pumping Rate it i 8 .O.1 O • • DRAWDOWN (feet) N O 0 0 • • We also projected the pumping water level of the aquifer at a pumping rate of 15 gpm. From the test data the aquifer appears to be capable of producing 15 gpm. It may be necessary to rehabilitate or clean out the existing well if a Targe pump is installed. Wells pumped at a specific rate for many years will often scale or rust up to the point of only allowing the water that is pumped on a regular basis into the well. Recovery data for the well was collected for a 15 minute period after pumping had stopped. The recovery data is also presented in Table 1. The recovery plotted as residual drawdown is shown in Figure 3. Based on the residual drawdown curve, the well displayed normal recharge characteristics. Table 2 presents the water diversion requirements for 24 EQR units (3 residential and 21 commercial EQRs). We have assumed that each equivalent residential unit will have 3.5 people, each using 100 gallons per person per day. In addition, we have assumed that each unit will irrigate up to 1000 ft2 of lawn and garden from the water system. In addition, we have assumed that there will be 0.5 acres of irrigated open space. We have limited the amounts of in house use on each lot to 2000 gallons per day, the ISDS Garfield County limit. Based on the above assumptions, the peak diversion month would occur in July and the average annual demand would be 7.7 gpm. The entire 24 EQRs will require a larger instantaneous peak demand than can be provided for by the well alone. On site storage will be necessary to supply peak domestic and fire storage demands. Assuming that the hydrologic conditions remain similar to those measured during the testing phase, it is our opinion that with proper storage the well will be capable of serving the development's domestic needs and some limited outside irrigation needs (1000 ft2). While not required, we recommend that a second well be constructed to provide mechanical reliability to the system. If you have any questions, please feel free to contact our office at 945-5700. Very truly yours, Zancanella and Associates, Inc. "jtke),4Anoe N ratAro Llq Thomas A. Zancanella, P. E. cc: Bill Bullock Ron Liston TAZ\t1l\95213.2welrpt Page 5 0-1 0= P1 U DV Z0 01'0 DT 2 -1 0-( m - D V1 In z0 2, 00 0' 0 A nm o. 0> 0, i2 DT r• m m . 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Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z414C4NELL4 ANf) 455004TES ENGINEErRING CONSULT4NTS January 25, 1996 Ernie Fyrwald Aspen Sports, Inc. 408 East Cooper Ave. Aspen, CO 81611 RE: Water Sample Test Dear Ernie: (970) 945-5700 (970) 945-1253 Fax Enclosed are the results for the water quality tests performed on the well at the Colton Commercial Property on December 27, 1995. The high concentrations of Sulfate, Alkali, Bicarbonate and CaCo3 (Hardness) are normal for this area and evidence that the well may be obtaining some of its water from the Eagle Valley Evaporites the areas gypsum formation. The high Dissolved Solids are a total reading of all salts actually dissolved into the water. The 500 mg/I limit is a suggested limit and is not mandatory for drinking water. Simple filtration will not remove Total Dissolved Solids TDS, advanced treatment such as Reverse Osmosis RO will be necessary to lower the TDS level. We do not believe TDS levels of 593 mg/I pose a health hazard. Hardness can cause mineral build up in pipes and necessitate the use of large amounts of soap for cleaning. The tests for Pesticides and Herbicides were below the states mandatory levels. If you have any questions please call our office at 970-945-5700. Very Truly Yours Zancanella and Associates _ J Terri L. Lance Geologist cc: TLL195235 Received from: JOHN C.•PHART & CO. • 4A\ J,\ 435 NORTH AVENUE J 1 LA DAT • PHONE 242-7618 ANALYTICAL REPORT GRAND JUNCTION, COLORADO 81501 Zancanel i a & Assoc., T. Lance Glenwood Springs, CO Customer No. Laboratory No 0592 Sample water Date Received 1/1/96 Date Reported 1 /22/9 22 `" 0592 Limits for Drinking Suggested Sug Lab number Sample ID Fr-ywald Well #1 by Colo. Dept. Health Garfield Count ;: Dec 27, 95 11:12 Arsenic (A;e) 0.01:10 m/1 Barium(Ba) 0. 10 mg/1 Cadmium(Cd) 0.0000 mg/1 Chromium(Cr) 0.000 mg/1 FlLior-ide (F) 0.7;9 mg/1 Lead(Pb) 0.002 mg/1 Mercury(Hg) 0.00000 mfg/1 Nitrate (N) 0.4(1 mg/1 Selenium(Se) 0.003 mg /1 Silver(Ag) 0.0000 mg/1 C_ol for (Co/F't unlit) 0 off 7.10 9 C:�nu1_i`ti`.'it�•.t=�r_,2c ! deg. C 7;�o Lt;i1f-1os/C-; Sodium(Na) 10 mg/1 Calcium(Ca) 132 mg/1 Magnesium(Mg) _ m1g/1 F'ota_:sium(K.) 3.6 mg/1 Chloride (C1) - 10 mg/1 Sulfate(SO4) 211 mg/1 Phenol. Alkalinity(CaCO3) 0 mg/1 Total Al k:al i ni ty (CaCO•3) 231 mg/1 v'ica'r bon_ te(HC0?) 260 mg/1 Carbonate (C0?) 0 mg/1 Dissolved Solids 593 mg/1 H2rt.111 (Ca003) 459 mg/1 Turbidity (NTU) 0. 2 Boron (8) 0. 10 mg/1 Copper(Cu) 0.000 mg/1 Iron (Fe) 0.24 mg/1 Manganese(Mn) 0. 007 mg/1 Molybdenum(Mo) 0.007 mg/1 Ammonia(N) 0.15 1Tiia/1 Phosphate(F') 0.02 mg/1 Zinc: (Zn) 0.006 mg/1 Bottles were marked "Colton" page 1 of 2, this sample 0.05 mcill 1.0 m1 y / 1 0.01 m i /1 0.05 mg/1 4 mg/1 0. 05 mfg/1 0.00'7 mg/1 10.0 mg/I 0,01 mg/1 0.05 mg/1 no official limit no official limit no official limit 20 mg/1 no official limit 125 mg/1 no official limit 'J0 mg/1 250 mg/1 no official limit no official limit no official limit no official limit 500 mg/1 200 mg/1 1 _ no official limit 1.0 mg/1 0.= mg/1. 0.05 mg/1 no official limit no official limit rio official limit 5.0 mg/1 L.eb Dir.: Brian S. Bauer- Received from: J 4A\ JOHN C EPHART & CO. J ' S II LATF AT:1 Ef • 435 NORTH AVENUE • PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501 ANALYTICAL REPORT Zancane1.1 a and Associates T. Lance PO Box 1908/1005 Cooper Ave. Glenwood Springs, CO 81802 Customer No. Laboratory No 05Sample 1/1/96 1/22/96 Date Received Date Reported Sample 0592 Drinking Water Limits Frywald Well *1 Garfield County Dec 27, 1995 1 1.: 12 Pesticides. Endrin r, Lindane Methoxychlor Toxaphene Herbicides: 2 ,4-D 4-5TP :::0.00001 (80/1 <0.00002 mg/1 <0.0001 mg/1 <0.001 mg/1 <0,0001 mg/1 <0.0002 mg/1 0.0002 mg/1 S 0.04 rr / 1 0.005 r g / 1 0. 1 mo/1 0.01 mc/1 NOTE: Bottles were marked 'Co). ton. " Limits given are -From the Colorado Dept. of Health Drinking Water Regulations, 1991. Means "less than" (none was detected). page 2 of 2 this sample Director: B. Bauer JOHN C. *HART & CO. J\CT N LAflAT 4ItS • 435 NORTH AVENUE • PHONE (970) 242-7618 • FAX 243-7235 • GRAND JUNCTION, COLORADO 81501 NOTES on sample # 059 F yNalu Well #1 Your water tests show levels exceeding dr ini•::in>o water limits for: Dissolved Solids: lrthis sample. primarily Alkalinity, Sulfate and Calcium, this is a total reading of all the salts actually dissolved into the water, that simple filtration will not alter. The .JL01:o/1 limit is _U O2Ste , not mandatory, for public drink:ino :•Jotters. Hardness: Can cause mineral buildup and necessitate the use of 1 arpe - -- r-health ct:Tii�a_t; amounts i:; T ���.=a_� i;�- C 1=:.=ar; i n�� . Not �. hazard. • BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Pursuant to C.R.S. 1973, 37-45-131 Ernie Frywald (hereinafter collectively "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use .033 cubic foot of water per second from the District's direct flow rights and 12.5 acre feet per year of storage water owned or controlled by the District. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange releases made from the District's storage rights in Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water sources, within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: 1.2 Acre feet per year for Domestic/Municipal 11.3 Acre feet per year for Industrial/Commercial H:\DK\BWCDIFRYWAW\ALLOT.CON 1 Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right to use certain waters. It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may, utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot- ment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among 11:\di\BWCUFlCYWAIDAL DT.CON 2 • • other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after said written notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor H:\OK\ B W CD.FR Y W AIDAIlDT. CON 3 • to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made -available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. H:\OK\6WCI \FRYWAID,ALLAT.CON 4 • • 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. APPLIA 'E`rnie Fryw Applicant's Address: c/o Aspen Sports, Inc. 408 East Cooper Aspen, CO 81611 STATE OF COLORADO ) ss. COUNTY OF V I i 66 ) Subscribed and sworn to before me this 19-oday of by Ernie Frywald. Il:\OK\BWCD\FRYW ALT,ALDi. CON WITNESS my hand and official seal. My commission expires: I V . v (u 5 f UCA (L , 1996, Notary Pu lic COu ORDER GRAAlikNG APPLICATION FOR ALLOT INT CONTRACT ERNIE FRYWALD CONTRACT NO. 265 Application having been made by or on behalf of Ernie Frywald and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for .033 cubic feet of water per second from the District's direct flow rights and 12.5 acre feet of water per year of storage water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. In the event of the division of the property served by this Contract into two (2) or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property described in the Application on file with the District and the Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 2. The Applicant shall provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 3. By acceptance of this Contract, Applicant acknowledges that within two years of the date hereof or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth or the Applicant's water allotment as provided in this Contract shall be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. The District may establish an augmentation plan fee to be paid by the holder of any Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. H:,DK\B W CD\ FAY W AIDULLOT.ORD -1- 4. Any and Oconditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefitted hereby. 5. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicant hereunder. 6. The Applicant has acknowledged that the land to be benefitted by the attached Contract is described on Exhibit "A" attached hereto and incorporated herein by this reference. Approved this 8th day of January, 1996. BASALT WATER CONSERVANCY DISTRICT Attest: By: -/ By(— Barbara Mick - Secretary -2- • • PROPERTY DESCRIPTION A TRACT OF LAND SITUATED IN LOT 20 OF SECTION 1. TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL (MERIDIAN, LOT 1 IN SECTION 6 AND LOT 1 IN SECTION 7. TOWNSHIP 7 SOUTH. RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF STATE HIGHWAY -NO. 82 AND NORTHEASTERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD (ASPEN BRANCH). DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT -CF -WAY OF SAID HIGHWAY WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 7 BEARS N 39'03' E 502.63 FEET; THEM S 01'51'30" W 199.92 FEET; THENCE N 88'13' W 89.64 FEET; THENCE S 02'02' E 58.52 FEET; THENCE WEST 463.67 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF- WAY LINE OF SAID RAILROAD; THENCE N 19'45' W 422.43 FEET ALONG THE NORTHEASTERLY RIGHT -0F -WAY LINE OF SAID RAILROAD; THENCE N 17'52' W 549.2 FEET ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID RAILROAD; THENCE N 61'50' E 301.81 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID HIGHWAY; THENCE S 36'45'15" E 1007.55 FEET ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF SAID HIGHWAY TO THE POINT OF BEGINNING. EXHIBIT "A" BASALT WATER CONSERVANCY DISTRICT IMPORTANT If you divert water from a groundwater source (well) you must provide the District with a copy of a valid well permit from the State Engineer's office. Without evidence of a permit, the District can not request release of water from Ruedi Reservoir for your benefit. When a valid permit is obtained, please provide the District with a copy. Remember, if we do not have evidence of a valid permit, your structure will be considered "inactive" and water can not be released for your benefit. Send Permit Information to: Resource Engineering, Inc. 909 Colorado Avenue Glenwood Springs, Colorado 81601 Quetions: Scott Fifer, Resource Engineering, Inc. (303)945-6777 COLORADO DEPARTMENT OF TRANSPORTATION Requured: 1.Region 2.Applicant c* -,u A Make copies as necessary for. Local Authority Inspector MTCE Patrol Traffic Engineer Previous Editions are obsolete and may not be used CDOT Form 8101 8/98 0 1 H i t MI UHWAY ACCESS PERMIT 399060 State Highway No/Mp/Side 082A/007/ Permit fee $300.00 Date of transmittal June 8, 1999 Region/Section/Patrol 3/2/12 Local Jurisdiction The Permittee; Fi E`p The Applicant; Barnett Fryw,ald Holdings Barnett Frywald Holdings 434-E: Cooper St. Suite 201 434 E. Cooper St. Suite 201 Aspen CO 81611 Aspen CO 81611 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: On the west side of Hwy 82, a distance of 330 feet from milepost 7 Access to Provide Service to Warehousing 150000 Sq Ft 33 Specialty Retail Center 25000 Sq Ft 33 Furniture Store 50000 Sq Ft 34 Other terms and conditions: See Attached Sheets RECEIVED JUN 2 5 1999 MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By (X) Date Title Upon .c, of this Upon the signing this permit the permittee agrees to the terms and conditions and herein. All construction shall be completed in an expeditious and safe manner and shall initiation. The permitted access shall be completed in accordance with the terms and being used. The permittee shall notify Leslie .Stanton with the Colorado Department of in Glenwood Spgs at 97121.'945.7441 at (east 48 hours prior to commencing Highway right-of-way The person signing as the permittee must be the owner or legal representative of the property served by the - . referenced attachments contained be finished within 45 days from conditions of the permit prior to Transportation construction within the State permitted access and have full to authority accept the permit and it's to and co • itions. Permittee l�Date rll/q9 � �/ This permit is not valid until signed by a duly authorized representative of the Department. COLORAD DEPARTMENT OF TRANSPORTATION By Date (of issue) Title Requured: 1.Region 2.Applicant c* -,u A Make copies as necessary for. Local Authority Inspector MTCE Patrol Traffic Engineer Previous Editions are obsolete and may not be used CDOT Form 8101 8/98 STATE HIGHWAY ACCESS PERMIT #399060 June 8, 1999 Issued to Barnett Frywald Holdings TERMS & CONDITIONS 1. This access is restricted to `right-in/right-out' access only. 2. The Permittee shall have designed and install a right turn deceleration and right turn acceleration lane 12 feet in width in conformance with section 4 of the State Highway Access Code, 2CCR 601-1. Design for this access shall include a 2 -inch minimum overlay extending the length of new construction 3. If.there are any questions regarding this permit, please contact Mike Smith at (970) 248-7231. 4. A Notice to Proceed, CDOT Form 1265 is required before beginning the construction of the access or any activity within the highway right-of-way. All submittals, documents„ plans and other items that must be completed, shall be submitted and approved before a Notice to Proceed will be issued. Contact the Department (or local issuing authority) for the Notice to Proceed. 3. The following items are required before a Notice to Proceed will be issued: (a) Construction Plans Stamped by a Colorado Registered Professional Engineer. (b) Certificate of Insurance Liability as per Section 2.3(11)(h) of the Access Code. (c) Traffic Control Plan 4 The Permittee shall refer to all additional standard requirements on the back of this permit and any enclosed additional terms, conditions, exhibits and noted attachments. 5. ,This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operational aspects may render this permit void, requiring a new permit to be applied for based upon existing and anticipated future conditions. 6. Upon completion of the access, the applicant shall notify the Access Manager by certified mail within 10 days at: Colorado Department of Transportation Mike Smith Region 3 - Access Manager 606 South 9th Street Grand Junction, Colorado 81501 7. Nothing in this permit shall prohibit the chief engineer from exercising the right granted in CRS 43-3-102 Including but not limited to restricting left hand turns by construction of physical medial separations. 8. All costs associated with the installation of traffic lights for this access are the responsibility of the Permittee. This includes but is not limited to the design, construction, utility relocation, testing of materials and inspection. 9. Water, sanitary, sewer, gas, electrical, communication, landscaping, and telephone installations will require individual additional permits. 10. The Permittee is responsible for obtaining any necessary additional federal, state and/or City/County permits or clearances required for construction of the access. Approval off this access permit does not constitute verification of this action by the Permittee. 11. Any work within State Highway right-of-way shall begin after 8:30 A.M. and all work and equipment shall be off the highway BEFORE 3:30 P.M. each day. 12. No highway lane closures or one-way traffic will be allowed. 13. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 14. It is the responsibility of the Permittee to prevent all livestock from entering the State Highway right-of-way at this access location. Any livestock that does enter the highway right-of-way shall be the sole responsibility of the Permittee. STATE HIGHWAY ACCESS PERMIT #399060 Issued to Bamett Frywald Holdings June 8, 1999 TERMS & CONDITIONS (cont'd) 15. In the event, the landscaping becomes unsightly or considered to be a traffic hazard, The Department may require that it be removed promptly by the Permittee and at no cost to the Department. 16. Landscaping shall not obstruct sight distance at any State Highway access point. 17. A fully executed complete copy of this permit must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the department inspector or the issuing authority. 18. All materials, equipment, installation, construction and design, including the auxiliary lane(s) and intersection improvement(s) within the State Highway shall be in accordance with the following Department standard references, as applicable: (a) Roadway Design Manual (b) Materials Manual (c) Construction Manual (d) Standard Specifications for Road and Bridge Construction, latest edition (e) Colorado Standard Plans (M & S Standards) (f) Manual on Uniform Traffic Control Devices (M.U.T.C.D.) for Streets and Highways and the Colorado Supplement thereto (g) A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO), latest edition (h) Institute of Transportation Engineer's Trip Generation manual, latest edition (i) State Highway Access Code 2 CCR 601-1 (j) Roadside Design Guide Some of the reference materials listed above (a through e) may be purchased from: Colorado Department of Transportation Bid Plans Room 4201 East Arkansas Avenue Denver, Colorado 80222-3400 Telephone Number: (303) 757-9313 The Access Code and Category Schedule may be purchased from: The Public Record Corporation 717 17th Street Suite 1620 Denver, Colorado 80202 Telephone Number: (303) 292-2575 19. Survey markers or monuments found in state highway right-of-way must be preserved in their original positions. Notify the Department at (970) 248-7220 immediately upon damage to or discovery of any such markers or monuments at the work site. Any survey markers or monuments disturbed during the execution of this permit shall be repaired and/or replaced immediately at the expense of the Permittee. 20. The Permittee, through a Colorado registered professional engineer shall provide design, construction, pavement striping and signing plans to the Department for approval 45 days prior to commencement of any work for the purposes of issuing a Notice to Proceed. Design plans must include but not limited to layout of speed change lanes, utility locations, present and proposed drainage, present and proposed right-of-way lines, present and proposed traffic control devices, and clear zone analysis. [Par. 4.9(14), 2 CCR 601-1] The design must be done at a Level of Service C for the twenty-year projected build out Design Hourly Volume. This projected volume shall be noted on the design plans. The Colorado Registered Professional Engineer shall seal the plans in accordance with CRS 12-25-117 in addition on the first page of the design plans that the following note is required: STATE HIGHWAY ACCESS PERMIT #399060 June 8, 1999 Issued to Bamett Frywald Holdings TERMS & CONDITIONS (cont'd) "This design is in full compliance With Section 4 Of the State :Highway Access Code, 2 CCR 601-1 except for the following approved variances:" Note: ALL plans must be submitted on 11" 1 17" sheets at a minimum scale of 1" = 20'. No other plan sheet sizes are authorized. Location drawings may be submitted at other scales as approved. 21. All construction work must be under the direction of a Colorado Registered Professional Engineer and upon completion of the work, that responsible Engineer shall submit an "As Built" plans, showing in detail all approved construction changes, modifications and revisions. The "As Built" Plans must be sealed in accordance with CRS 12-25-117. 22. It shall be the responsibility of the Permittee to verify the location of the existing utilities and notify all utility owners or operators of any work that might involve utilities within the State Highway right-of-way. Any work necessary to protect existing permitted utilities, such as an encasement will be the responsibility of the Permittee. Any damage or disruption to any utilities during the construction shall be the Permittee's responsibility and shall be repaired or replaced at no cost to the Department. 23.', Any damage to any present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. 24. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions, to insure proper strength, drainage and erosion control. 25. Any incomplete construction activity on the State Highway that must be left overnight, shall be barricaded and signed in accordance with the Manual on Uniform Traffic Control Devices and other applicable standards. 26. Open cuts, which are 6 inches in depth, within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays. 27. No more than 6 feet of trench areas shall be opened at any one time. Open trenches and other excavations within the State Highway right-of-way shall be backfilled and/or paved before 3:30 P.M. of each working day or be protected in accordance with the M.U.T.C.D. 28. The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and re -seeded in accordance with the Department standard specifications. 29. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All posts and wire removed shall be returned to the Department. 30. All excavations for utility lines, culverts, trenches or tunnels shall meet the requirements of the Occupational, Safety and Health Administration (OSHA), Colorado Industrial Commission, Colorado Division of Mines or the Colorado Department of Transportation, whichever applies. 31. All work that requires traffic control shall be supervised by a registered professional traffic engineer or by a traffic control supervisor certified by the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA). When flagging personnel are required, the contractor in accordance with the Department standards shall certify them. 32. Construction traffic control devices, when not in use, shall be removed or turned away from traffic. 33. All temporary pavement striping shall be done by the Permittee/contractor in conformance with section 627 of The Department's standard specifications for Road and Bridge Construction (latest edition). 34. The Permittee shall do all final signing and pavement striping or the contractor in conformance with the Department's M & S standards and the M.U.T.C.D., unless otherwise agreed to by the Department and the STATE HIGHWAY ACCESS PERMIT #399060 June 8, 1999 Issued to Bamett Frywald Holdings TERMS & CONDITIONS (cont'd) Permittee:. A final signing and pavement striping plan shall be submitted to the Region 3 Traffic Engineer a minimum of.45 working days prior to commencement of work. No work shall begin without prior approval and authorization from the Department 35. The roadway shoulder shall be widened to 4 feet along the speed change lanes and surfaced with HBP in accordance with the Department specifications. The shoulder widening along through lanes shall be no less than 4 feet paved or match existing and paved. 36. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 50 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade for a minimum of 20 feet. If curb and gutter are present, the slope shall be calculated from pan line to pan line. Any revisions to this requirement shall be subject to Department review and approval prior to commencement of any work within the highway right -of --way. 37. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 38. s,Pursuant to section 4.9(3) of the State Highway Access Code, the access roadway shall not exceed a maximum grade of 8 percent within the highway right-of-way, as measured 50 feet beyond the pavement edge and extending to the right-of-way line. The access vertical grade shall be designed and constructed in conformance with the Department M & S standard M-203-1. 39. The design of the horizontal and vertical sight distance shall be no less than the minimum requirements, as provided in section 4.3 of the State Highway Access Code, 2 CCR 601-1. 40. All required access improvements shall be installed prior to the herein -authorized use of this access. 41. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. 42. Compaction of Hot Bituminous Pavement shall be in accordance with section 401.17 of the Department's standard specifications. Compaction of the Aggregate Base Course shall comply with section 304.06. 43. Compaction of subgrade, embankments and backfill shall be in accordance to section 203.07 of the Department's standard specifications. 44. Any mud or other material tracked or otherwise deposited upon the existing roadway surface shall be removed as necessary to accommodate traffic, or as directed by the department 45. Placement of base course materials shall be in accordance with section 304.04 of the standard specifications. Compaction shall be in conformance with AASHTO procedure T-99. 46. The surfacing shall meet the Department's specifications as outlined Materials Recommendations obtained from the Region 3 Materials Engineer. Contact the Access Manager at (970) 248-7231 to request a materials recommendation. 47. The new State Highway pavement shall slope on the same plane as the present pavement surface. 48. Slopes shall be ata 6:1 ratio on the roadway and a 6:1 ratio on the approach. 49. The existing asphalt adjacent to all new pavement shall be saw cut and removed a minimum of one foot back from the existing edge, or until an acceptable existing cross slope is achieved to assure a straight edge for the joint 50. The top layer of plant mix bituminous pavement shall not be placed between October 1 and April 1, unless otherwise approved by the Department 51. If frost, water or moisture is present in the subgrade, no surfacing materials shall be placed until all frost, water or moisture is gone or removed. 52. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to detain all drainage in excess of historical flows and time of concentration on site. STATE HIGHWAY ACCESS PERMIT #399060 June 8, 1999 Issued to Bamett Frywald Holdings TERMS & CONDITIONS (cont'd) 53. All existing 'drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction:grid safety standards, in accordance with the Department's standard specifications. 54. All culverts installed in open ditches shall be a minimum of 18 -inch in size and have flared end sections. -5- P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 • /•<\ • Z4Nc4NELL4 4110 455OCI4TE5, Inc. ENGINEERING CONSULT4NTS February 26, 1997 Ernie Fyrwald Aspen Sports, Inc. 408 East Cooper Ave. Aspen, CO 81611 Re: Fyrwald Well #2 Dear Ernie: (970) 945-5700 (970) 945-1253 Fax fT Ft FEB 2 8 199? ! ! CiAAFIFELDCOUNT Y At your request, Zancanella and Associates, Inc. has arranged for the drilling and pump testing of a new well to determine the available supply for the Fyrwald Commercial property located in the area southeast of Glenwood Springs. The well site was selected to minimize the conflicts with other wells in the area. We have summarized the results of our investigation in this report. The test well was drilled under Division of Water Resources Permit No. 046478-F . The well is located in the NW 1/4 of the NW 1/4 of Section 7, Township 7 South, Range 88 West of the 6th P.M. The well can be plotted 345 feet from the West section line and 207 feet from the North section line. The approximate location of the well is shown on the attached site map (Figure 1). The Fyrwald Well #2 was constructed by Shelton Drilling Corporation on February 6, 1997. The well was drilled to a depth of 200 feet, a 5% -inch diameter steel well casing was installed from the surface to a depth of 95 feet. Five feet of 5% inch diameter Johnson 50 slot stainless steel well screen was placed in the well from 95 feet to 100 feet, and a 5% inch diameter plain steel tail pipe was installed from 100 feet to 109 feet. The water bearing portion of the well is in the Roaring Fork River Alluvium. The static water level on February 10, 1997 was 83.2 feet below the top of the well casing. The available drawdown in the Fyrwald Well #2 is approximately 16.8 feet (83.2 ft - 100 ft). The attached drawing (Figure 2) has been prepared to illustrate the well construction details and the geologic log. Due to the small saturated thickness of the aquifer, the well was developed using air let and the stainless steel well screen. This construction technique was used to make the well as efficient as possible. The zone from 109 to 200 feet did not yield any additional water. Therefore it was plugged and abandoned with a cement plug from 109 to 119 feet and inert material from 119 to 200 feet. Page 1 a 3080038 ONY )413 13 • O NNa as -=A �=N 7 9 ' FiZLR m81 gSoi% i„"- „- r g-qa s"nqa n i _fTy■AF3:c.0 AAR42 A6r .4 09,E Agy ti"E 8. .1 . h NR tlN P.O nQ S;FAn9 Suver„ :U; A88 1 got= 4A:72X 02* "RA 68� em=� pAp 9 0 O r Ha is oft, Nb3'S CNV tlyso `rbj — Mj�� LLQ e 7 co 0 N 0 m1N A g CORPOM1101 GS. 0 n,01 -,.p 0 0 0 z 0 CLIENT_, IE PROJECT_( ,TION P -T SHEET 1, fLE BHEET_SUUTRLE flE 2 PA • Pig!" oA 4; 8 t'o< 4 N TIA 07AEW "°A 4 iX 8 LAE 411 Pry 3 E A 8 5 4 ti0 DES. DES. DR. DR. CK. CK. DATE DATE FILE: OLE 1 NO. DATE REVISION Y GROUND LEVEL ESTIMATED TOTAL DEPTH 200' CEMENT 10-25' 95' 55' ❑,D, PLAIN STEEL CSG STATIC WATER LEVEL 83' 3' 2/7/97 95' to 100' 1/2' ❑,D. JOHNSON STAINLESS STEEL WELL SCREEN HOLE WAS BACK FILLED WITH GRAVEL REV NO. DATE lE,A9DN MADE BY OINO BY AFPD BY WELL DETAIL rxE 64TO mT MOT TO TEAL flWUMY M. 1107 1 S WOW IT TLL 01m IT TAL ARO ITT RAN NOZE104M1S-1 77 FYRWALD COMMERCIAL PROPERTY ','T ,W 7 L A AND ASS ' 4 7FS, 1710 P T ff1U 10(1101-1000 OOO'I AVENUE 110w® mom Cuomo num (m) 100aTo0 7111E NO. PNGaTh 1mE S❑IL 0 I \! ‘.A,, CLAYS ROCKS 50- �. �\ v CLAYS -RAVFi S 100- 150 - EAGLE VALLEY EVAP❑RITE F❑RMATI❑N onn_ ," ;i. ,, CEMENT 10-25' 95' 55' ❑,D, PLAIN STEEL CSG STATIC WATER LEVEL 83' 3' 2/7/97 95' to 100' 1/2' ❑,D. JOHNSON STAINLESS STEEL WELL SCREEN HOLE WAS BACK FILLED WITH GRAVEL REV NO. DATE lE,A9DN MADE BY OINO BY AFPD BY WELL DETAIL rxE 64TO mT MOT TO TEAL flWUMY M. 1107 1 S WOW IT TLL 01m IT TAL ARO ITT RAN NOZE104M1S-1 77 FYRWALD COMMERCIAL PROPERTY ','T ,W 7 L A AND ASS ' 4 7FS, 1710 P T ff1U 10(1101-1000 OOO'I AVENUE 110w® mom Cuomo num (m) 100aTo0 7111E NO. PNGaTh 1mE The well was pump tested on February 10, 1997 by Samuelson Pump Company. A 11/2 horsepower pump powered by an electric generator was installed for the test. A pumping rate of 15 gallons per minute (gpm) was selected and the well was pumped continuously for an 8 hour period. Drawdown and time data was collected during the test and is presented in the attached Table 1. The drawdown vs. time data can be used to project the yield of a well and associated aquifer. The drawdown is the distance the water level drops from the initial static water level during the pumping and recovery test. The drawdown will vary over time depending on the pumping intensity. We have plotted the pump test data in a drawdown vs. time curve for the Fyrwald Well #2 as shown on the attached graph (Figure 3). The well drew down 1.6 feet when the pump was turned on. The well exhibited continuous drawdown with time. After 8 hours of pumping the well had drawn down a total of 2.1 feet. As can be seen from Table 1 and Figure 3, the water levels continued to decline throughout the test, but at a very slow rate. Recovery data for the well was collected for a 60 minute period after pumping had stopped and an additional 960 minute reading. The recovery data is also presented in Table 2. The recovery plotted as residual drawdown is shown in Figure 4. Based on the residual drawdown curve, the well displayed normal recharge characteristics. The well had recovered within 0.2 feet of the original static water level within 20 minutes of stopping the pump. We have used the assumption that the parcel will be divided into 4 lots, using a maximum of 3,000 gpd per lot, is shown in Table 3. This water use assumption was based on the maximum design flow of an ISDS system. We estimate, the peak diversion month would occur in July with a peak demand of 16,428 gpd and the average annual demand would be 11,232 gpd. This would be consistent with county regulations that require a maximum of 3,000 gpd for each lot. We recommend a long term pumping rate for this well to be 15 gpm. Under peak demand conditions the well would have to pump 76% of the day to meet the demand. The four lots will require a larger instantaneous peak demand than can be provided for by the well alone. On site storage will be necessary to supply peak domestic and fire storage demands. To provide water supply demand storage we recommend a 4000 gallon tank be installed. Finally, water samples of the pumping discharge were taken from Fyrwald Well #2. The well water passed both the bacteriologic and nitrate parameters for the Colorado Department of Health standards. The results from the laboratory are attached. Page 4 02/20/97 02:46 PM Table 1 Frywald Well Pumping Test Data WATER DRAW DATE TIME LEVEL DOWN t V t/t' Q (ft) (ft) (min) (min) (gpm) 10 -Feb -97 10:30 AM 83.2 0 0 - - 0 10 -Feb -97 10:31 AM 84.8 1.6 1 - -- 15 10 -Feb -97 10:32 AM 84.9 1.7 2 - - 15 10 -Feb -97 10:33 AM 85.0 1.8 3 - - 15 10 -Feb -97 10:34 AM 85.0 1.8 4 - - 15 10 -Feb -97 10:35 AM 85.0 1.8 5 - - 15 10 -Feb -97 10:36 AM 85.0 1.8 6 - - 15 10 -Feb -97 10:38 AM 85.0 1.8 8 - - 15 10 -Feb -97 10:40 AM 85.0 1.8 10 - - 15 10 -Feb -97 10:42 AM 85.0 1.8 12 - - 15 10 -Feb -97 10:45 AM 85.0 1.8 15 - - 15 10 -Feb -97 10:50 AM 85.0 1.8 20 - - 15 10 -Feb -97 11:00 AM 85.1 1.9 30 - - 15 10 -Feb -97 11:10 AM 85.1 1.9 40 - 15 10 -Feb -97 11:20 AM 85.1 1.9 50 - - 15 10 -Feb -97 11:30 AM 85.1 1.9 60 - - 15 10 -Feb -97 12:00 PM 85.1 1.9 90 - - 15 10 -Feb -97 12:30 PM 85.2 2.0 120 - - 15 10 -Feb -97 01:30 PM 85.2 2.0 180 - - 15 10 -Feb -97 02:30 PM 85.3 2.0 240 - 15 10 -Feb -97 03:30 PM 85.3 2.1 300 - - 15 10 -Feb -97 05:00 PM 85.3 2.1 390 - 15 10 -Feb -97 05:30 PM 85.3 2.1 420 - - 15 10 -Feb -97 06:30 PM 85.3 2.1 480 - - 15 Table 2 Frywald Well Recovery Test Data WATER DRAW DATE TIME LEVEL DOWN t t' tlt' Q (ft) (ft) (min) (min) (gp� 28 -Jan -97 06:30 PM 85.33 2.1 480 0 - 0 28 -Jan -97 06:31 PM 83.29 0.1 481 1 481.0 0 28 -Jan -97 06:32 PM 83.42 0.2 482 2 241.0 0 28 -Jan -97 06:33 PM 83.50 0.3 483 3 161.0 0 28 -Jan -97 06:34 PM 83.50 0.3 484 4 121.0 0 28 -Jan -97 06:35 PM 83.50 0.3 485 5 97.0 0 28 -Jan -97 06:36 PM 83.46 0.3 486 6 81.0 0 28 -Jan -97 06:40 PM 83.46 0.3 490 10 49.0 0 28 -Jan -97 06:45 PM 83.46 0.3 495 15 33.0 0 28 -Jan -97 06:50 PM 83.42 0.2 500 20 25.0 0 28 -Jan -97 07:00 PM 83.42 0.2 510 30 17.0 0 28 -Jan -97 07:10 PM 83.42 0.2 520 40 13.0 0 28 -Jan -97 07:20 PM 83.42 0.2 57r 57 10.6 0 28 -Jan -97 07:30 PM 83.42 0.2 540 60 9.0 0 28 -Jan -97 10:30 AM 83.42 0.2 1440 960 1.5 0 Zancanella & Associates PUMPTST.WK4 • • PUMPTST.WK4 Zancanella & Associates 0 0 0) rn 0 0 • PUMPTST.WK4 Zancanella & Associates M _d ca H Estimated Water Requirements Water Use Inputs • Water Use Calculations Job# 95235 If you have any questions, please feel free to contact our office at 945-5700. Very truly yours, Zancanella and Associates, Inc. 1 Terri L. Lance Geologist Thomas A. Zancanella, P. E. cc: Brett Barnett Sherry Caloia Ron Liston Garfield County Planning PMPTST2.WPF.wpd Page 9 SruEOn ��� R DIL) ��L �,r I 1 T- 033. 945 -5665 • Jun ''6 15:23 No .008 P.02 GWS -25 COLORADO Df�7SION OF WATER RESOURCES 818 Centennial IIldg., 1313 Shorman St.. Denver, Colorado 80200. (303) 866-3581 APPLICANT ERNIE FYRWALD %ASPEN SPORTS INC 408 E COOPER AVE ASPEN CO 81611. (970) 925-6334 PERMIT TO CONSTRUCT A WELL RECEIVED MAY 0 3 1996 LiC WELL PERMIT NUMBER 046478 - F - DiV. 5 CNTY. 23 WD 38 UES, BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 1/4 Section 7 Twp 7 S RANGE 88 W 6th P.M. DISTANCES FROM SECTION LiNES 207 Ft. from North Section Line 345 Ft, from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDmONS OF APPROVAL 1) This well shall be used in such a way as to cause no material Injury to existing water rights, The issuance of the permit does not assure the applicant that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 OCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan. approved by the State Engineer, is in effect and when a water allotment contract between the woll owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is In effect, or under an approved plan for augmentation, BWCD contract #3.3.5.265. 4) The use of ground water from this well Is limited to domestic and commercial purposes, and the irrigation 011.05 acres of lawns and gardens, all on a site of approximately 10.3 acres, being that portion of Sections 6 and 7, Twp. 7 South, Rng. 88 West, and that portion of Section 1, Twp. 7 South, Rng. 89 West of the eth P.M., more particularly described on the attached exhibit 'A'. All use of this well will be curtailed unless tho water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate shall not exceed 50 GPM, 6) The average annual amount of ground water to be appropriated shall not exceed 12.5 acre-feet. 7) A totalizing flow meter must be Installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well must be constructed not more than 200 feet from the location specified on this permit and more than 600 feet from any existing well, except well permit nos. 36168-F, 16994, 28065, and 31706 (have waivers). 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preservo these markings.:, APPROVED JD2 Slate Engineer Receipt No. 0397575 cam- �✓c' AD -7: By DATE ISSUED R 2 6 .199x' EXPIRATION DATBAPR 2 6 1997 From: Wayne Shelton To: Tern Lance Date: 2/21/97 Time: 07:38:48 Page 1 of 1 ,!..r WELL CONSTRUCTION ANL) TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER l "= 1. WELL PERMIT NUMBER 046478-F 2. Owner Name(s) : Ernie Fyrwald Mailing Address : % 1204 Grand Ave. City, St. Zip : Glenwr--1 'prings, Co. 81601 Phone ( ) - APPROVAL # GWS31-91-03 3. WELL LOCATION AS DRILLED: NW 1/4 NW 1/4 Sec. 7 Twp. 07S Range 88W DISTANCES FROM SEC. LINES: 207 ft. from North Sec. line. and 345 ft. from West Sec. line. OR SUBDIVISION : LOT BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION : 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED 02/07/97 TOTAL DEPTH 200 ft. DEPTH COMPLETED 109 ft. 5. GEOLOGIC LOG : 6. HOLE DIAM. (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) 9.0 0 113 000-095 Rocks, Dirt, Clays' 6.5 113 200 095-106 Gravels, clays 106-200 Eagle Valley Evaporites 7. PLAIN CASING OD (in) Kind Wall Size From (ft) To (ft) 5.5 Steel 0.188 -1 95 5.5 Steel 0.188 100 109 0 0 PERF. CASING : Screen Slot Size : 0.050 5.5 Steel 95 100 WATER LOCATED : 95 - 100 REMARKS : Hole was back filled with gravel from 8. Filter Pack Material : Size : Interval . 9. Packer Placement Type : Depth : 119 to 200 with a 10' cap of cement 10. GROUTING RECORD : located 109 to 119. Material Amount Density Interval Placement cement 4 sks 16 gal 10-25 poured 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : [ ] Check Box If Test Data is Submitted On Supplemental Form. TESTING METHOD : Air Compressor Static Level : 84 ft. Date/Time Measured : 02/07/97 Production Rate : 15 gpm. Pumping Level : Total ft. Date/Time Measured : 02/07/97 Test Length : 2 hrs. Remarks : 11. I have read the statements made herein and know the contents thereof. and that they are true to my knowledge Pursuant to Section 24-4-104 !1 30) CRS. the making of false statements constitutes perjury in the second degree and is punishable as a class 1 misdemeanor ) CONTRACTOR : Shelton Drilling Corp. Phone : (970) 927-4182 Mailing Address : P.O. Box 1059 Ra1 alt C0 81621 Lic No _109Name / Title (Please Type or Print) Signature Wayne Shelton / President Date 02/12/97 Received from: JOHN C. KQPBART&CO. 435 NORTH AVENUE ° 4AT • -1ItS PHONE 242-76/" GRAND JUNCTION, COLORADO 81501 ANALYTICAL REPORT Zancanella & Assoc. Terri Lance 945-5700 PO Box 1908 Glenwood Springs, CO 8160112 3742 water Customer No. Laboratory No Sample 2/11/97 Date Received Sample Nitrate(N) Nitrite(N) Total Coliform Bacteria Date Reported 2/14/97 3742 Frywald Well, Garfield County 2/10/97, Frywald Commercial Development, 1:25PM coll by TLL, Raw, source: Well, loc: Hwy 82, sample pt: (1) 0.59 mg/1 0.00 mg/1 (<0.01) 0 colonies/100m1 sample (safe) NOTE: Samples were not taken by or composited in lab. Lower detection limit for Nitrate is 0.01 mg/l; Nitrite 0.01 mg/l. Method for Nitrate is from "Annual Book of ASTM Standards," D3867-909. Nitrate was analyzed 2/12/97; Nitrite 2/11/97. Bacteria tested 2/11/97, Method 9222-8 from "Standard Methods for the Examination of Water and Wastewater," 19th Ed., 1995. Director: B. Bauer COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT SH No/MP/Side: Local Jurisdiction: Dist/Section/Patrol DOT Permit No.: Permit Fee: - Date of Tran THE PERMITTEE; Aspen Sports c/o Ernie Frywald 408 East Cooper Avenue Aspen, CO 81611 APPLICANT: Aspen Sports c/o Ernie Frywald 408 East Cooper Avenu Aspen, CO 81611 82N/006.930/RIGHT Garfield 03/32/12 396040 300.00 t APR 0 1996 ;? • f c/o Ernie Frywald - (970) 925-6334 c/o Ernie Frywald - 1970) 925-6334 is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, Including the State Highway,Access Code and listed attachments. Th(s permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: On the west side of State Highway 82, a distance of 4928 feet south from Mile Post 6; 7025 Hwy 82. ACCESS TO PROVIDE SERVICE TO: Warehousing (100000 Sq Ft) Retail -General Merchandise (75000 Sq Ft) PERCENT 40.00 60.00 0 1— OTHER TERMS AND CONDITIONS: SEE ATTACHED SHEET(S) FOR TERMS AND CONDITIONS MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By (X) Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Grian Gieck with the Colorado Department of Transportation In Glenwood Springs at , 970-945-7442 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to acce t the e ermit and all it's terms and conditions. Permittee (X) �� ( " r. s. ce.a...fi 4,.,,. 1�,-. ,,/>, , .) Date /�G This permit is not valid until signed by a duly authorized representative of the Department. DEPARTMENT OF TRANSPORTAT N TATE OF COLORADO By (X) COPY DISTRIBUTION: Date 2/7- - /-(‘' Title Access Coordinator (Date of issue) Required; Make copies as necpry for: Previous Editions are Obsolete and will not be used 1. District (Original) Local Authority - Inspector CDOT Form k101 2 Applicant MTCE Patrol Traffic Enr^,•oer 7/91 DATE: March 28, 1996 ACCESS PERMIT NUMBER 396040 - SHEET 2 ISSUED TO: Aspen Sports TERMS AND CONDITIONS 1. If there are any questions regarding this permit, please contact Charles Dunn at (970) 248-7234. 2. The Permittee shall refer to all additional standard requirements on the back of this permit and any enclosed additional terms, conditions, exhibits and noted attachments. 3. This permitted access is only for the use and purpose stated in the Application and Permit. 4. If this access is to become a future public street connection, the Permittee shall contact Garfield County officials for submittal of a written request to the Department in support of the public connection, pursuant to Section 43-3-104 C.R.S. 5. The Permittee is responsible for obtaining any necessary additional federal, state and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. 6. The Permittee shall submit a survey plat, warranty deed and legal description for all property to be dedicated to the Department as new right-of-way. 7. The Permittee shall provide the Department a copy of the recorded final plat. 8. Any work within State Highway right-of-way shall begin after 8:30 A.M. and all work and equipment shall be off the highway BEFORE 3:30 P.M. each day. 9. It is the responsibility of the Permittee to prevent all livestock from entering the State Highway right-of-way at this access location. Any livestock that does enter the highway right-of-way shall be the sole responsibility of the Permittee. 10. A FULLY EXECUTED COMPLETE COPY OF THIS PERMIT MUST BE ON THE JOB SITE WITH THE CONTRACTOR AT ALL TIMES DURING THE CONSTRUCTION. FAILURE TO COMPLY WITH THIS OR ANY OTHER CONSTRUCTION REQUIREMENT MAY RESULT IN THE IMMEDIATE SUSPENSION OF WORK BY ORDER OF THE DEPARTMENT INSPECTOR OR THE ISSUING AUTHORITY. 11. All materials, equipment, installation, construction and design, including the auxiliary lane(s) and intersection improvement(s) within the State Highway shall be in accordance with the following Department standard references, as applicable: a. Roadway Design Manual b. Materials Manual c. Construction Manual d. Standard Specifications for Road and Bridge Construction, latest edition e. Colorado Standard Plans (M & S Standards) f. Manual on Uniform Traffic Control Devices (M.U.T.C.D.) for Streets and Highways and the Colorado Supplement thereto g. A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO), latest edition h. Institute of Transportation Engineer's Trip Generation manual, latest edition i. State Highway Access Code 2 CCR 601-1 j. Roadside Design Guide DATE: March 28, 1996 ACCESS PERMIT NUMBER 396040 - SHEET 3 ISSUED TO: Aspen Sports TERMS AND CONDITIONS (CONT'D) Some of the reference materials listed above (a through e) may be purchased from: Colorado Department of Transportation Bid Plans Room 4201 East Arkansas Avenue Denver, Colorado 80222-3400 Telephone Number: (303) 757-9313 The Access Code may be purchased from: The Public Record Corporation 1666 Lafayette Street P.O. Box 18186 Denver, Colorado 80218 Telephone Number: (303) 832-8262 12 Survey markers or monuments must be preserved in their original positions. Notify the Department at (970) 248-7220 immediately upon damage to or discovery of any such markers or monuments at the work site. Any survey markers or monuments disturbed during the execution of this permit shall be repaired and/or replaced immediately at the expense of the Permittee. 13. Prior to starting construction or any work within the State Highway right-of-way, the Permittee/contractor must provide the following to the Department: A. A construction traffic control plan prepared by a professional traffic engineer or an individual certified by the American Traffic Safety Services Association (ATSSA), using the latest edition of Manual on Uniform Traffic Control Devices and other applicable standards. The plan must be submitted a minimum of 72 hours in advance of construction. B. A copy of the work and phasing schedule. 14. The auxiliary lane(s) and intersection improvement design plans shall be provided and shall be stamped by a Colorado registered professional engineer. The final design plans will be labeled Exhibit (by the Department) and will be incorporated in this permit upon the final approval by the Department. The Permittee shall furnish the Department a minimum of 2 sets of the final design plans. 15. The Permittee, through a Colorado registered professional engineer shall provide design, construction, pavement striping and signing plans to the Department for approval 45 days prior to commencement of any work. Design plans must include but not limited to layout of speed change lanes, utility locations, present and proposed drainage, present and proposed right-of-way lines, traffic control plan (if any), present and proposed traffic control devices, cross sections on 50 foot intervals and clear zone analysis. (Par. 4.10.17, 2 CCR 601-1) 16. It shall be the responsibility of the Permittee to verify the location of the existing utilities and notify all utility owners or operators of any work that might involve utilities within the State Highway right-of-way. Any work necessary to protect existing permitted utilities, such as an encasement will be the responsibility of the Permittee. Any damage or disruption to any utilities during the construction shall be the Permittee's responsibility and shall be repaired or replaced at no cost to the Department. 17. Any damage to any present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. Any mud or other material tracked or otherwise deposited on DATE: March 28, 1996 ACCESS PERMIT NUMBER 396040 - SHEET 4 ISSUED TO: Aspen Sports TERMS AND CONDITIONS (CONT'D) the roadway shall be removed daily or as ordered by the Department inspector. 18. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their origional conditions, to insure proper strength, drainage and erosion control. 19. Any incomplete construction activity on the State Highway that must be left overnight, shall be barricaded and signed in accordance with the Manual on Uniform Traffic Control Devices and other applicable standards. 20. Open cuts which are 6 inches in depth, within 30 feet of the edge of the State Highway traveled way will not be left open at night, on weekends, or on holidays. 21. No more than 6 feet of trench areas shall be opened at any one time. Open trenches and other excavations within the State Highway right-of-way shall be backfilled and/or paved before 3:30 P.M. of each working day or be protected in accordance with the M.U.T.C.D.. 22. The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and re -seeded in accordance with the Department standard specifications. 23. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All posts and wire removed shall be returned to the Department. 24. Highway widening for the right turn deceleration lane shall be 12 feet wide and 755 long, including a 270 foot taper. 25. Highway widening for the right turn acceleration lane shall be 12 feet wide and 1230 feet long, including a 270 foot taper. 26. All excavations for utility lines, culverts, trenches or tunnels shall meet the requirements of the Occupational, Safety and Health Administration (OSHA), Colorado Industrial Commission, Colorado Division of Mines or the Colorado Department of Transportation, whichever applies. 27. All work that requires traffic control shall be supervised by a registered professional traffic engineer or by a traffic control supervisor certified by the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA). When flagging personnel are required, they shall be certified by the contractor in accordance with the Department standards. 28. Construction traffic control devices, when not in use, shall be removed or turned away from traffic. 29. All temporary pavement striping shall be done by the Permittee/contractor in comformance with section 627 of the Department's standard specifications for Road and Bridge Construction (latest edition). 30. All final signing and pavement striping shall be done by the Permittee or the contractor in conformance with the Department's M & S standards and the M.U.T.C.D., unless • • DATE: March 28, 1996 ACCESS PERMIT NUMBER 396040 - SHEET 5 ISSUED TO: Aspen Sports TERMS AND CONDITIONS (CONT'D) otherwise agreed to by the Department and the Permittee. A final signing and pavement striping plan shall be submitted to the Region 3 Traffic Engineer a minimum of 45 working days prior to commencement of work. No work shall begin without prior approval and authorization from the Department. 31. The roadway shoulder shall be widened to 4 feet along the speed change lanes and surfaced with HBP in accordance with the Department specifications. The shoulder widening along through lanes shall be no less than 4 feet paved or match existing and paved. 32. The access shall be constructed 35 feet wide, with 50 foot radii. 33. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 50 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade for a minimum of 20 feet. If curb and gutter are present, the slope shall be calculated from pan line to pan line. Any revisions to this requirement shall be subject to Department review and approval prior to commencement of any work within the highway right-of-way. 34. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 35. Pursuant to section 4.10.2 of the State Highway Access Code, the access roadway shall not exceed a maximum grade of 10 percent within the highway right-of-way, as measured 50 feet beyond the pavement edge and extending to the right-of-way line. The access vertical grade shall be designed and constructed in conformance with the Department M & S standard M-203-1. 36. The design of the horizontal and vertical sight distance shall be no less than the minimum requirements, as provided in section 4.9 of the State Highway Access Code, 2 CCR 601-1. 37. All required access improvements shall be installed prior to the herein authorized use of this access. 38. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. 39. Compaction of Hot Bituminous Pavement shall be in with section 401.17 of the Department's standard specifications. Compaction of the Aggregate Base shall comply with section 304.06. 40. Compaction of subgrade, embankments and backfill accordance to section 203.07 of the Department's specifications with the test results sent to and the Department inspector. 41. Placement of base course materials shall be in accordance with section 304.04 of the standard specifications. Compaction shall be in conformance with AASHTO procedure T-99. accordance Course shall be in standard approved by 42. The surfacing shall meet the Department's specifications with the following material placed for final grade: 12 inches ABC, Class 1; 6 inches ABC, Class 6 and 4 inches of • • DATE: March 28, 1996 ACCESS PERMIT NUMBER 396040 - SHEET 6 ISSUED TO: Aspen Sports TERMS AND CONDITIONS (CONT'D) Hot Bituminous Pavement (Grading C or CX) placed in the following lifts: 2 - 6 inch lifts Class 1; 1 - 6 inch lift Class 6; 2 - 2 inch lifts HBP. 43. The new State Highway pavement shall slope on the same plane as the present pavement surface. 44. Slopes shall be at a 6 to 1 ratio on the roadway and a 6 to 1 ratio on the approach. 45. The existing asphalt adjacent to all new pavement shall be saw cut and removed a minimum of one foot back from the existing edge, or until an acceptable existing cross slope is achieved to assure a straight edge for the joint. 46. The top layer of plant mix bituminous pavement shall not be placed between October 1 and April 1, unless oterwise approved by the Department. 47. If frost, water or moisture is present in the subgrade, no surfacing materials shall be placed until all frost, water or moisture is gone or removed. 48. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee may be required to detain all drainage in excess of historical flows on site. 49. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 50. The Permittee shall install a new 18 inch corrugated metal pipe. 51. All culverts installed in open ditches shall have flared end sections. RECEiV£D 102 9 1996 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 222 South Sixth Si, Room 317 Grand Junction, CO 81501-2769 (303) 248-7208 Fax No. (303) 248-7254 STATE HIGHWAY ACCESS PERMIT INFORMATION AND BILLING To: Permittee: Aspen Sports c/o Ernie Frywald Address: 408 East Cooper Avenue Aspen, CO 81611 Date: March 28, 1996 Permittee: Please review both sides of the attached State Highway Access Permit !form 4101) and all attachments. NOTE: IF YOU FAIL TO SIGN AND RETURN THE ATTACHED ACCESS PERMIT WITHIN 60 DAYS OF THE DATE OF THIS LETTER, THE COLORADO DEPARTMENT' OF TRANSPORTATION WILL CONSIDER THE PERMIT VOID. If you choose not to act on the permit: - return the permit unsigned. If you wish to appeal the terms and conditions of the permit: - refer to the back of the Access Permit for an explanation of appeal procedures. If you accept the permit, please: - sign the Access Permit on the line marked "PERMITTEE". Your signature confirms your agreement to all listed terms and conditions. - provide a check or money order made out to named on the next line for the amount due. the jurisdiction CDOT $ 300.00 Make check or money order payable to Amount due - return all copies and attachments of the Access Permit with your payment back to the Colorado Department of Transportation at the address noted below. along The Department of Transportation will process and return to you a validated (signed and recorded) copy of your Access Permit. DO NOT BEGIN ANY WORK WITHIN THE STATE RIGHT OF WAY WITHOUT A VALIDATED ACCESS PERMIT. USE OF THIS PERMIT WITHOUT TRANSPORTATION DEPARTMENT VALIDATION SHALL BE CONSIDERED A VIOLATION OF STATE LAW. If you have any questions, please call: Charles I. Dunn Phone: 970-248-7234 Return Access Permit to: Colorado Department of Transportation 222 South 6th Street, Room 317 Grand Junction, CO 81501-2769 The transmittal to you of the Access Permit form for your approval constitutes final action by the Colorado Department of Trans- portation pursuant to section 43-2-147 C.R.S., as amended. W4J•5-Rev. 76 CO' •ADO DIVISION OF WATER RESOU'• 818 C nnial Bldg., 1313 Sherman St., Denver, Color.. 80203 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. PERMIT APPLICATION FORM (X ) A PERMIT TO USE GROUND WATER (X ) A PERMIT TO CONSTRUCT A WELL FOR: (X ) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO (1) APPLICANT - mailing address Ernie Fyrwald NAME % Aspen Sports, Inc. STREET CITY 408 East Cooper Avenue Aspen, CO 81611 (State) (Zip) TELEPHONE NO (970 925-6334 (2) LOCATION OF PROPOSED WELL County Garfield NW '/a of the NW 'h, Section 7 Twp. 7 _S_, Rng RR (N.S) (E,W) 6th P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 50 gpm Average annual amount of ground water 12.44 to be appropriated (acre-feet)• Number of acres to be irrigated: 1.05 Proposed total depth (feet) : 110 Aquifer ground water is to be obtained from: Roaring Fork River Alluvium Owner's well designationFYrwald Well 2 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (X) DOMESTIC (1) ( 1 INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) (X) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Licensed Street City (State) (Zip) Telephone No. Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No 39E 982 / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D COUNTY • (5) THE LOCATION OF THE PF OSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + — T NORTH L T� 1 — -+- - - -- - +- - -G- - _. W z 0 r co W N w 1 MILE, 5280 FEET NORTH SECTION LINE SOUTH SECTION LINE -4 1 to m 0 O z r - z — + — — The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE � L MUST BE LOCATED BELOW • by distances from section lines. ?07 ft. from North sec. line (north or south) 345 ft. from West sec. line (east or west) LOT BLOCK FILING x SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: Fyrwald No. of acres 10.3 . Will this be the only well on this tract? NO (8) PROPOSED CASING PROGRAM Plain Casing 7 in. from in from Perforated casing 0 ft. to 85 ft ft to ft 7 in from 8 5 ft. to 110 ft in from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. r (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): See attached legal description No. of acres: Legal description• (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. The water will be used for domestic and Commercial purposes waste water will be disposed of with standard septic tank and leach field methods. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right NA Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGNATURE OF APPLICANT(Sl Replacement will be provided persuant to the attached Basalt District Contract. The well is located in Area A of the Basalt District. Jse sheets cif napor if more.cmce. refloired- 1 I * Flirrwal Weill. 2 1 1 I 1 SOUTH SECTION LINE -4 1 to m 0 O z r - z — + — — The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE � L MUST BE LOCATED BELOW • by distances from section lines. ?07 ft. from North sec. line (north or south) 345 ft. from West sec. line (east or west) LOT BLOCK FILING x SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: Fyrwald No. of acres 10.3 . Will this be the only well on this tract? NO (8) PROPOSED CASING PROGRAM Plain Casing 7 in. from in from Perforated casing 0 ft. to 85 ft ft to ft 7 in from 8 5 ft. to 110 ft in from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. r (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): See attached legal description No. of acres: Legal description• (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. The water will be used for domestic and Commercial purposes waste water will be disposed of with standard septic tank and leach field methods. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right NA Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGNATURE OF APPLICANT(Sl Replacement will be provided persuant to the attached Basalt District Contract. The well is located in Area A of the Basalt District. Jse sheets cif napor if more.cmce. refloired- Fyrwald Well #2 The well is located in the Lot 1(NW 1/4 of the NW 1/4) of Section 7, Township 7 South, Range 88 West of the 6th P.M. at a point whence the North 1/4 corner of Section 7, Township 7 South, Range 88 West of the 6th P.M. bears South 58° 30' East a distance of 400 feet. The well can be plotted 345 feet from the West section line and 207 feet from the North section line. Page 2 PROPERTY DESCRIPTION A TRACT OF LAND SITUATED IN LOT 20 OF SECTION 1, TC't+NSH I P 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LOT 1 IN SECTICN 6 ANO LOT 1 IN SECTION 7, THIP 7 SOUTH. RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF STATE HIGnWAY NO. 82 AND NORTHEASTERLY OF THE DENIER AND RIO GRANDE WESTERN RA I LROJAD (ASPEN ERANCH) , DESCR I EED AS FOLLOWS: EEG I NN I NG AT A POINT ON THE SOUTHWESTERLY RICHT-CF-WAY OF SAID HIGHWAY WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 7 EEA.RS N 39'03' E 502.63 FEET: THENCE S 01'51'30' W 199.92 FEET; THENCE N 88'13' W 89.64 FEET; THENCE 5 02'02' E 58.52 FEET; THENCE WEST 483.67 FEET TO A POINT ON THE NORTHEASTERLY RIGHT -CF - WAY LINE OF SAID RAILROAD; THENCE N 19'45' W 422.43 FEET ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID RAILROAD; THENCE N 17'52' W 549.2 FEET ALONG THE NCRTHEASTERLY RICHT-OF-WAY LINE OF SAID RAILROAD; THENCE N 61'50' E 301.81 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID HIGHWAY; THENCE S 38'45'15' E 1007.55 FEET ALONG THE SOUTHWESTERLY RIGHT --Z —WAY OF SAID HIGHWAY TO THE POINT OF EEGINNING. EXHIBIT "A" Approved as to Form By General Counsel September 19, 1989 By DRGW Law Department December 20, 1989 C:\OATA\MCG\COM ERCI.LSE\Azpen.Spt COMMERCIAL LEASE L_ r7/7a35 M.P. WH -367.12-L THIS LEASE is made and entered into this c>412.' day of , 1996, by and between SOUTHERN PACIFIC TRANSPORTATION COMPA Y, a Delaware corporation (herein "Lessor") and ASPEN SPORTS, INC., a Colorado corporation (herein "Lessee"). PART I BASIC LEASE TERMS A. PREMISES The term "Premises" shall refer to the land and any improvements and facilities located thereon, at or near Cattle Creek, County of Garfield, State of Colorado, as shown on Drawing No. C -964-A, dated February 29, 1996, attached hereto as Exhibit "A" and made a part hereof. B. EFFECTIVE DATE This Lease shall take effect on March 1, 1996 ("Effective Date"). C. TERM This Lease shall be for a term of thirty (30) days ("Lease Term") from Effective Date hereof and shall continue on a month-to-month tenancy basis until terminated hereunder. D. TERMINATION This Lease shall be terminable by either party at any time without cause on. thirty (30) days' advance written notice to the other. E. USE The Premises shall be used by Lessee solely and exclusively for the maintenance and use of Lessee -owned improvements consisting of a warehouse, utility shed, and mobile home. Document 0012 Page 1 of 11 F. RENT Commencing as of the Effective Date hereof, Lessee shall pay to Lessor as rent for the Premises ("Base Rent") the sum of SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($750.00) per annum, payable annually in advance, with the first year's rent to be paid on or before the execution hereof. G. BASIS OF RENT ADJUSTMENT Base Rent shall be adjusted based on the higher of the CPI Factor (defined in Section 5 of the General Lease Terms) as indicated on the Consumer Price Index, Urban Wage Earners and Clerical Workers, U. S. City Average, All Items (1982-84 = 100), ("Index"), published by the United States Department of Labor, Bureau of Labor Statistics, or any successor or substitute index published as a replacement for the Index by any United States governmental agency; or the fair rental value of the Premises at the time of said revision. H. SECURITY DEPOSIT Pursuant to the terms of Section 6 of the General Lease Terms, Lessee shall pay to Lessor upon execution of this Lease a security deposit of ZERO AND NO/100 DOLLARS ($0.00). I. PROOF OF INSURANCE On or before the execution of this Lease, Lessee shall furnish to Lessor proof of insurance as required under Section 14 of the General Lease Terms, and the effective date of insurance coverage shall be no later than the Effective Date of this Lease. J. ADDRESSES FOR NOTICES All notices to either Lessor or Lessee shall be addressed as follows: To Lessor: To Lessee: K. PAYMENTS TO LESSOR SOUTHERN PACIFIC TRANSPORTATION COMPANY Denver District Office - Real Estate P. 0. Box 5482 Denver, Colorado 80217 Aspen Sports, Inc. 408 E. Cooper Aspen, Colorado 81611 Checks shall be made payable to Lessor and shall be mailed to Dept. 320, Denver, CO 80291-0320. The foregoing Basic Lease Terms and the General Lease Terms set forth in attached Part II are incorporated into and made parts of this Lease. Document 0012 Page 2 of 11 IN WITNESS WHEREOF, the parties hereto have executed, or have caused to be executed, this Lease in duplicate the day and year first above written. SOUTHERN By: ACIFIC TR ATION COMPANY Title: As Agent for Southern acific Transportation Company ASPEN SPORTS, INC. By: Title: /4%.4,:14....1 Document 0012 Page 3 of 11 File Reference : C:\DATA\MCG\COMERCI.LSE\AsOen.SOt PART II GENERAL LEASE TERMS 1. PREMISES AND TERM Date: March 11, 1996 Lessor hereby leases to Lessee the Premises for the tenancy shown in the Basic Lease Terms, subject to the terms and conditions as set forth in this Lease. 2. USE Lessee shall not use the Premises for any use other than that stated in the Basic Lease Terms, and shall not make any alterations to the Premises except as required for such use. LESSEE SPECIFICALLY ACKNOWLEDGES THAT THIS IS A 30 -DAY LEASE AND THAT LESSEE HAS NOT RELIED ON ANY REPRESENTATIONS BY ANY AGENT OR EMPLOYEE OF LESSOR TO THE CONTRARY IN MAKING ANY IMPROVEMENTS TO THE PREMISES. Lessee shall not permit to be placed on the Premises or improvements any signs or notices not solely related to the business of Lessee conducted on the Premises. Lessee shall not permit any damage, nuisance or waste on the Premises; nor permit to be placed upon the Premises any gasoline, diesel fuel, oil, and other petroleum products, or any hazardous or explosive material, waste or substance. Lessee, at Lessee's expense, shall arrange for the filing of any map required under any subdivision map act and of any environmental impact report required by any governmental body having jurisdiction in the matter. If any governmental body seeks to impose any condition on approval of Lessee's use of the Premises, Lessor may terminate this Lease forthwith if any such condition shall affect any other property of Lessor or shall affect the Premises after this Lease is no longer in effect. 3. CONDITION OF PREMISES Lessee warrants that it has examined the Premises and accepts the Premises in an "AS IS, WHERE IS" condition, with all faults and with full knowledge of the physical condition, of all zoning and other land use laws and regulations affecting the Premises, and of the conditions, restrictions, encumbrances and all matters of record relating to the Premises. There may be subterranean facilities within the Premises, notwithstanding the absence of markers, monuments or maps indicating their existence. Document 0012 Page 4 of 11 4. PAYMENT/REFUND OF RENT Lessee shall pay to Lessor as rent for the Premises the amount specified in Section F of the Basic Lease Terms, payable at the times set forth therein, without deduction, setoff, prior notice or demand. Upon termination of this Lease, unless Lessee is then in default, any unearned portion of any rent paid in advance shall be refunded to Lessee upon Lessee's written demand therefor if made within thirty (30) days after termination. 5. RENTAL REVISION The Base Rent shall automatically and without notice to Lessee be adjusted, upwards only, on each anniversary of the Effective Date, by the CPI Factor. The "CPI Factor" is the percentage of adjustment stated in the Consumer Price Index (indicated in the Basic Lease Terms) established during the last available twelve-month period immediately preceding each anniversary of the Effective Date, adjusted to the nearest one-tenth of one percent. In lieu of the above, Lessor may, at any time, increase the Base Rent without reference to the CPI Factor by giving Lessee thirty (30) days' notice of such adjustment and its effective date. The Base Rent, as so increased, shall be effective as of each anniversary of the Effective Date if increased by the CPI Factor and as of the effective date of any other increase, notwithstanding Lessor's acceptance of a lesser amount and notwithstanding any billing by Lessor for a lesser amount. 6. SECURITY DEPOSIT Concurrently with Lessee's execution of this Lease, Lessee shall deposit with Lessor a security deposit ("Security Deposit") in the amount set forth in Section H of the Basic Lease Terms. The Security Deposit shall be held by Lessor as security for the faithful performance by Lessee of all of the terms, covenants and conditions of this Lease to be kept and performed by Lessee. If Lessee defaults with respect to any provision of this Lease, including, without limitation, the provisions relating to the condition of the Premises upon termination of this Lease, Lessor may, but shall not be required to, use, apply or retain all or any part of the Security Deposit for the payment of any amount which Lessor may spend by reason of Lessee's default or to compensate Lessor for any other loss or damage which Lessor may suffer by reason of Lessee's default. If any portion of the Security Deposit is so used or applied, Lessee shall, within ten (10) days after written demand therefor, deposit cash with Lessor in an amount sufficient to restore the Security Deposit to its original amount. The failure by Lessee to so restore the Security Deposit shall constitute a default by Lessee under this Lease. Lessor shall not be required to keep the Security Deposit separate from its general funds, and Lessee shall not be entitled to any interest on the Security Deposit. Lessor is not a trustee of the Security Deposit and may use it in ordinary business, transfer it or assign it, or use it in any combination of such ways. If Lessee shall fully and faithfully perform every provision of Document 0012 Page 5 of 11 • • this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest hereunder) after lease termination and after Lessee has vacated the Premises; provided, however, that if any portion of the Security Deposit is to be applied to repair damages to the Premises caused by Lessee or its agents or to clean up the Premises and remove improvements, then the balance of the Security deposit (less any deductions for the restoration of the Premises and the cost of removing the improvements) shall be returned to Lessee after Lessor has restored/cleaned the Premises and removed the improvements. Lessee shall not transfer or encumber the Security Deposit nor shall Lessor be bound by any attempt of Lessee to do so. Lessor may require Lessee to increase its security deposit every year the Lease is in effect by depositing with Lessor twenty percent (20%) of the then existing deposit. Notwithstanding the foregoing, Lessor may require an increase in the deposit at any time if the estimated cost of removing Lessee's improvements exceeds the deposit currently held by Lessor. 7. TAXES AND ASSESSMENTS A. Lessee shall pay, before they become delinquent, all taxes, charges, and assessments which are levied upon, or which may be locally assessed against, any improvement or personal property placed upon the Premises by Lessee. B. In addition to the taxes and assessments specified above, Lessee shall pay to Lessor as additional rent any privilege, sales, gross income or other tax (not including federal or state income tax) imposed upon the rent received by Lessor by any agency having the authority to do so. 8. UTILITIES Lessee shall arrange and pay for all utilities, including without limitation, water, power, heat, garbage, communications and sewer services, to be used in connection with this Lease. If Lessor contracts with a utility company to provide access for service to Lessee at the Premises for Lessee's sole use, Lessee shall pay to Lessor a minimum sum of $350 upon receipt of a bill therefor to partially defray administrative costs. 9. MAINTENANCE AND REPAIR Lessee, at Lessee's expense and to Lessor's satisfaction, shall keep and maintain the Premises and all improvements thereon in good repair and in a neat and safe condition, and shall promptly make all repairs and replacements that may become necessary to the Premises or improvements thereon, whether structural or nonstructural, ordinary or extraordinary. 10. ALTERATIONS Lessee shall make no alteration or improvement to the Premises without Lessor's prior written consent. All repairs, alterations and improvements Document 0012 Page 6 of 11 to or on the Premises shall become the property of Lessor, without payment by Lessor of any compensation therefor. 11. LIENS AND CLAIMS Lessee shall not commence any repairs (except emergency repairs), changes or alterations on the Premises until fifteen (15) days after Lessor has received notice from Lessee stating the date the installation of the alterations is to commence. Lessor shall have the right to enter the Premises to post notices of nonresponsibility. Lessee shall fully pay for all materials joined or affixed to the premises and pay in full all persons who preform labor thereupon. Lessee shall not suffer any mechanic's or materialmen's liens or stop notices or orders of cessation of any kind to be filed against the premises for any work done or materials furnished at Lessee's request. If any such liens are filed thereon, Lessee shall cause the same to be removed at Lessee's own expense. Should Lessee fail, neglect, or refuse to do so, Lessor shall have the right to pay any amount required to release any such liens, or to defend any action brought thereon, and to pay any judgement entered therein; and Lessee shall be liable to Lessor for all costs, damages, reasonable attorney's fees, and any amount expended in defending any proceedings or in the payment of any of said liens or any judgement obtained therefor. If requested, Lessee, before allowing any work of construction, reconstruction, alteration, or repair upon the premises, shall give Lessor a bond in a form satisfactory to, and issued by a reliable surety company approved by, Lessor. Such bond shall be in the amount equal to the full request of Lessee and conditioned upon Lessee's paying or causing to be paid all contractors, subcontractors, laborers, operatives, and other persons who may labor or furnish labor, materials, or tools in the performance of such work. Lessor may post and maintain upon the Premises notices of nonresponsibility as provided by law. 12. INDEMNIFICATION Lessee shall release, defend (with counsel satisfactory to Lessor) and indemnify Lessor from and against all liability, cost and expense for loss of or damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of each party hereto) when arising or resulting from: (a) the use of the Premises by Lessee, its agents, employees, or invitees; (b) breach of this Lease by Lessee; or (c) the location or condition of the Premises or any part thereof; regardless of whether such liability, cost or expense is caused or contributed to by the negligence, active or passive, of Lessor. The term "Lessor," as used in this Section 12 and Sections 13, 14 and 15, shall include the successors, assigns and affiliated companies of Lessor, Document 0012 Page 7 of 11 and, if applicable, any other railroad company that may be lawfully operating on Lessor's tracks. 13. COMPLIANCE WITH LAW Lessee, at Lessee's expense, shall comply with all applicable laws, regulations, rules and orders with respect to the use of the Premises, regardless of when they become or became effective, including, without limitation, those relating to construction, grading, signage, health, safety, noise, environmental protection, waste disposal, and water and air quality, and shall furnish satisfactory evidence of such compliance upon request of Lessor. Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the Premises due to Lessee's use and occupancy thereof, Lessee, at Lessee's expense, shall clean all property affected thereby, to the satisfaction of Lessor (insofar as the property owned or controlled by Lessor is concerned) and any governmental body having jurisdiction thereover. Lessee shall indemnify, hold harmless, and defend Lessor from and against all liability, claim, cost or expense (including, without limitation, any fines, penalties, judgments, litigation costs, attorneys' fees, and consulting, engineering and construction costs) incurred by Lessor as a result of Lessee's breach of this section, or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense arises during or after the Lease Term and regardless of whether such liability, cost or expense is caused or contributed to by the negligence, active or passive, of Lessor. 14. INSURANCE While this Lease is in effect, Lessee, at Lessee's expense, shall maintain and furnish Lessor evidence of insurance set forth in Lessor's "General Insurance Requirements" attached hereto as Exhibit "B" and made a part hereof. 15. NOISE AND VIBRATION LEVELS Lessee hereby recognizes and acknowledges that railroad tracks are located on or adjacent to the Premises. Lessee recognizes that the operation of trains over the tracks does and shall produce noise levels which may be considered objectionable by the employees, agents, tenants, or invitees of Lessee. Therefore, Lessee agrees that no legal action or complaint of any kind whatsoever shall be instituted against Lessor on Lessee's behalf as a result of such noise levels and to indemnify and save harmless Lessor against any loss, damage, liability or expense either might incur as a result of such action being taken by Lessee's employees, agents, tenants or invitees. If the Premises are classified by Lessor as non-operating property, this Section 15 shall not apply. Document 0012 Page 8 of 11 16. RESERVATIONS Lessor hereby excepts and reserves the right, to be exercised by Lessor and by any other who has obtained or may obtain permission or authority from Lessor so to do, to A. operate, maintain, review and relocate any and all existing pipe, track (if any), power and communication (including without limitation fiber optic) lines and appurtenances -and other facilities of like character upon, over or under the surface of the Premises; and B. construct, operate, maintain, review and relocate such additional facilities of the same character as shall not unreasonably interfere with Lessee's use of the Premises as specified in Section E of the Basic Lease Terms. Any such construction, operation, relocation or maintenance shall not be done at Lessee's expense unless such work is requested by Lessee or done for the benefit of Lessee. 17. MINERAL RIGHTS Lessor reserves for itself and those to whom it grants such right the title and exclusive right to all the sand, gravel, minerals and mineral ores of every kind and character now known to exist or hereafter discovered upon, within or underlying the Premises, or that may be produced therefrom, including, without limiting the generality of the foregoing, all petroleum, oil, natural gas and other hydrocarbon substances and products derived therefrom, together with the exclusive and perpetual right thereto, without, however, the right to use or penetrate the surface of, or to enter upon, the Premises to extricate or remove the same. 18. BARRICADES In addition to any barricades, fences or gates which may be specified elsewhere in this Lease, Lessee, if requested by Lessor, shall install and maintain barricades, fences, and fence gates of a size and form satisfactory to Lessor at such locations as may be designated by Lessor at any time while this Lease is in effect, all at Lessee's expense and to Lessor's satisfaction. 19. SURRENDER OF THE PREMISES Upon termination of this Lease, Lessee shall leave the Premises in a neat and clean condition satisfactory to Lessor and free of all personal property of Lessee. Under Section 10 hereof, all repairs, alterations and improvements made by Lessee shall become the property of Lessor. However, Lessor may, by written notice, require Lessee to remove any such alterations and improvements from the Premises and to restore the Premises to their original condition (normal wear and tear excepted) prior to termination of Document 0012 Page 9 of 11 • • • this Lease. If Lessee fails to do so, Lessor may perform such removal and restoration work in which case Lessee shall pay Lessor within thirty (30) days after demand therefor (1) an amount equal to the rent (as in effect immediately before termination) for the period during which such removal is accomplished to compensate Lessor for the loss of rent to Lessor resulting from the unavailability of the Premises for leasing to another tenant during such time and (2) the cost of removal of such improvements. Lessor shall use reasonable diligence in the removal of such improvements. 20. TERMINATION OF LEASE Termination of this Lease for any reason whatsoever shall not release either party from any liability or obligation hereunder resulting from an event which may have occurred before termination, or thereafter in case by the terms of this Lease it is provided that certain things shall or may have to be done after termination hereof. 21. CONDEMNATION If all or part of the Premises is acquired by eminent domain or by purchase in lieu thereof, Lessee shall have no claim to any compensation awarded for the taking of the Premises or any portion thereof, including Lessee's leasehold interest therein, or to any compensation paid as severance damages, or for loss of or damage to Lessee's improvements. 22. DEFAULT If Lessee fails to pay the rent or to make any other payment required to be made by Lessee hereunder within three (3) days after written notice by Lessor or fails to perform any other term or condition of this Lease within fifteen (15) days after written notice by Lessor or abandons or vacates the Premises, then Lessor may, in addition to any other remedies Lessor may have at law or equity, terminate this Lease forthwith. 23. ASSIGNMENT AND SUBLETTING Lessee shall not assign or encumber Lessee's interest in this Lease or in the Premises, or sublease all or any part of the Premises. 24. DISPOSSESSION If Lessee is lawfully deprived of the possession of all or any part of the Premises by a party other than Lessor, Lessor may, upon receipt of notice from Lessee setting forth the circumstances, either install Lessee in possession of the Premises or terminate this Lease and refund to Lessee the pro rata amount of any prepaid but unearned rent after receipt of such notice. Lessor shall not be liable to Lessee for any loss, damage or claim resulting from such deprivation of possession. 25. NOTICES All notices shall be in writing and shall be deemed to have been given when delivered personally or deposited in the United States mail, registered or certified, postage prepaid, and addressed to the party to Document 0012 Page 10 of 11 • • whom the notice is directed at the address set forth in the Basic Lease Terms. Payments to Lessor shall be made at the address for payments set forth in the Basic Lease Terms. Either party may change the address for notices or Lessor may change the address for payments by giving the other party notice to that effect. 26. ATTORNEYS' FEES If either party brings any action against the other to enforce or collect any sum due under this Lease or if Lessor brings an action for unlawful detainer of the Premises, the losing party shall pay the reasonable attorneys' fees of the prevailing party in addition to the judgment and court costs. 27. LESSOR'S RIGHT -OF -ENTRY Lessee shall permit Lessor and the agents and employees of Lessor to enter into and upon the Premises at all reasonable times for the purpose of inspecting, posting notices of nonresponsibility, or exhibiting the Premises to prospective tenants or buyers 28. NON -WAIVER Lessor's failure to enforce or exercise its rights with respect to any provision hereof shall not be construed as a waiver of such rights or of such provision. Acceptance of rent or any other sum shall not be a waiver of any preceding breach by Lessee of any provision hereof, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent; nor shall such acceptance be a waiver in any way of Lessor's right to terminate at any time under Section D of the Basic Lease Terms. 29. TIME OF ESSENCE Time is of the essence of each provision of this Lease. 30. ENTIRE AGREEMENT This Lease sets forth the entire agreement between the parties with respect to the leasing of the Premises and supersedes all prior agreements, communications, and representations, oral or written, express or implied, since the parties intend that this be an integrated agreement. This agreement shall not be modified except by written agreement of the parties. Document 0012 Page 11 of 11 n' y \ 1 -� 1.S.aM's• n Ebb\ rn ,J u6�S a uelJ Ob+g Ubl.s '� bUt X ^^H 92 ---L be ! $ 4 9 .p O a I•UeD t,O +' b`G' .45s%N., • (b 'MO 3.(sro $ A65 Ptr, s�Sa 3o4A. S 4:1:1 111 b °8 pyo 3 ed 9/.1-5,8 E X y < 0l ,F� 9E 11 "U ((DD r- 0 - 0 rr 0 z< 0 0 cp 0 (1) rr • ni a �1 rb ci 4/o o<� 99e �o r N, "7 0 c_ (D z 0 , tri DT nZ s 0 z 0 n 0) 0 0 (D 11 0 0 0 QJ -O m> Z° a-N - 0 0 r o O r' n O On (Q %7 QJ 0 oN 0) rn (9 13 73 call o -O Z D z EXHIBIT B GENERAL INSURANCE REQUIREMENTS ("GIR") Company shall be furnished evidence of insurance in connection with the foregoing Agreement. Such insurance shall be written by an insurance company having a Best's rating of B + 13 or better and licensed to do business in the state where the Premises are located, meeting the requirements. stated below in form satisfactory to Company, for each of the following types of insurance in amounts not less than the amounts herein specified. The terms "Agreement" as herein used shall refer to the Lease, License, or Permit, including supplemental agreements thereto, to which this Exhibit B is attached and made a part of; "Company" shall refer to the Lessor, Licensor, or Permittor named in the Agreement; "Lessee," "Licensee," or "Permittee" shall refer to the Lessee, Licensor, or Permittee, (whichever is applicable), named in the Agreement; and "Premises" shall refer to the property described in the Agreement and as shown on the attached print. Liability Insurance Requirements 1. COMPREHENSIVE GENERAL LIABILITY INSURANCE OR COMMERCIAL GENERAL LIABILITY INSURANCE ON AN OCCURRENCE BASIS shall have a combined single limit of not less than $2,000,000 per occurrence and shall provide for the following: a) Such insurance is primary, without right of contribution from other insurance which may be in effect. b) Such insurance shall not be invalidated by the acts or omissions of other insureds. c) Such insurance shall not be materially modifiable or cancelable without thirty (30) days' prior written notice to Company (except in the case of cancellation for nonpayment of premium in which case cancellation shall not take effect until at least ten (10) days' notice has been given to Company). This provision is referred to below as "Notice of Modification or Cancellation." d) Company shall be named as additional insured. e) Contractual liability with deletion of the exclusion for operations within fifty (50) feet of railroad track and deletion of the exclusion of explosion, collapse, or underground hazard, if applicable. (NOTE: For any license or permit involving property within fifty (50) feet of track, the exclusion for operations within fifty (50) feet of track will apply unless eliminated by endorsement). f) Premises, products/completed operations, and personal injury coverage. g) Severability -of -interest clause. EXHIBIT "B" Page 1 of 2 • • h) In the case of commercial general liability insurance, the policy must also provide for aggregate coverage at each location and for reinstatement of the aggregate in the event the limits of the policy are exhausted. i) If the proposed use of the Premises involves a hazard which poses particular risk to the environment, the policy must cover sudden and accidental pollution on a named -peril basis to address the hazard. 2. COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE shall have a combined single limit of not less than $2,000,000 per occurrence and shall provide for the following: a) Such insurance is primary, without right of contribution from other insurance which may be in effect. b) Such insurance shall not be invalidated by the acts or omissions of other insureds. c) Notice of Modification or Cancellation. d) Severability -of -interest clause. 3. WORKERS' COMPENSATION INSURANCE shall have limits not less than those required by statute, shall cover all persons employed by Lessee, Licensee, or Permittee, as the case may be, in the conduct of its operations on the Premises and shall provide for the following: a) Waiver of subrogation against Company. b) Notice of Modification or Cancellation c) All states endorsements. d) Coverage for Longshore and Harbor Workers Act, if applicable. 4. EMPLOYERS' LIABILITY INSURANCE shall have a limit of not less than $1,000,000 and shall be endorsed to provide for (a) Notice of Modification or Cancellation and (b) waiver of subrogation against Company. 5. UMBRELLA OR EXCESS LIABILITY INSURANCE shall provide that if the underlying aggregate is exhausted, the excess coverage shall drop down as primary insurance, and shall provide for Notice of Modification or Cancellation. A properly completed certificate of insurance shall be furnished to Company for approval. EXHIBIT "B" Page 2 of 2 • BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Pursuant to C.R.S. 1973, 37-45-131 Ernie Frywald (hereinafter collectively "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et seg., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use .033 cubic foot of water per second from the District's direct flow rights and 12.5 acre feet per year of storage water owned or controlled by the District. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange releases made from the District's storage rights in Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release .of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water sources, within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: 1.2 Acre feet per year for Domestic/Municipal 11.3 Acre feet per year for Industrial/Commercial I I., I)Y.11'A'7V tR rA'ALCkALu17.0"N 1 ! Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right to use certain waters. It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may, utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot- ment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among II.' q(cu W IXYWAID.ALILT CON • . other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after said written notice, the District may, at its option, elect to teiiiiinate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor if C)MLWCD',FAV wA1 h U1[Yi.CU,V 3 i • to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. I I,bK iHMCD. R TV AID,u.uJ,r. Ci)., 4 • • 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. Applicant's Address: c/o Aspen Sports, Inc. 408 East Cooper Aspen, CO 81611 STATE OF COLORADO COUNTY OF ) ss. APPLICANT: Ernie Frywald Subscribed and sworn to before me this day of , 1996, by Ernie Frywald. 11.\UK`.tiu'@ Fk YW/.Ifl,,I 11r. COM WITNESS my hand and official seal. My commission expires: 5 Notary Public ORDER GRA! •G APPLICATION FOR ALLOTT CONTRACT ERNIE FRYWALD CONTRACT NO. 265 Application having been made by or on behalf of Ernie Frywald and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for .033 cubic feet of water per second from the District's direct flow rights and 12.5 acre feet of water per year of storage water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. In the event of the division of the property served by this Contract into two (2) or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property described in the Application on file with the District and the Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 2. The Applicant shall provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 3. By acceptance of this Contract, Applicant acknowledges that within two years of the date hereof or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth or the Applicant's water allotment as provided in this Contract shall be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. The District may establish an augmentation plan fee to be paid by the holder of any Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. 11.'.10()W M FAYW ALLA OKD -1- 4. Any and "'conditions imposed upon the release diversion of water allotted hereunder in any water tights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefitted hereby. 5. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicant hereunder. 6. The Applicant has acknowledged that the land to be benefitted by the attached Contract is described on Exhibit "A" attached hereto and incorporated herein by this reference. Approved this 8th day of January, 1996. BASALT WATER CONSERVANCY DISTRICT Attest: BY: `</CL By: Barbara Mick - Secretary II 1 b^.IMCO hltyW AISTnl1.(IT (]NO -2- PROPERTY DESCRIPTION A TRACT OF LAND SITUATED IN LOT 20 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL )+ERIDIAN, LOT 1 IN SECTION 6 ANO LOT 1 IN SECTION 7. TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF STATE HIGHWAY NO. 82 AND NORTHEASTERLY OF THE DE'iVER ANO RIO GRANDE WESTERN RAILROAD (ASPEN BRANCH). DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT -OF -JAY OF SAID HIGhwAY WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 7 FEARS N 39'03' E 502.63 FEET; THENCE S 01'51'30' W 199.92 FEET; THENCE N 88'13' W 89.64 FEET; THENCE S 02'02' E 58.52 FEET; THENCE WEST 463.67 FEET TO A POINT ON THE NORTHEASTERLY RIGHT--CF- WAY LINE OF SAID RAILROAD; THENCE N 19'45' W 422.43 FEET ALONG THE NORTHEASTERLY R I GHT-OF-WAY LINE CSF SAID RAILROAD; THENCE N 17'52' W 549.2 FEET ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID RAILROAD; THENCE N 61'50' E 301.81 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID HIGHWAY; THENCE S 36'45'15' E 1007.55 FEET ALONG THE SOUTH*ESTERLY R I GHT-OF=WAY OF SAID HIGHWAY TO THE POINT OF BEGINNING. EXHIBIT "A" • • BASALT WATER CONSERVANCY DISTRICT IMPORTANT If you divert water from a groundwater source (well) you must provide the District with a copy of a valid well permit from the State Engineer's office. Without evidence of a permit, the District can not request release of water from Ruedi Reservoir for your benefit. When a valid permit is obtained, please provide the District with a copy. Remember, if we dc not have evidence of a valid permit, your structure will be considered "inactive" and water can not be released for your benefit. Send Permit Information to: Resource Engineering, Inc. 909 Colorado Avenue Glenwood Springs, Colorado 81601 Queotions: Scott Fifer, Resource Engineering, Inc. (303)945-6777 6c OOT WELL SPACING STATEMI f I (we) Ernest Frywald/Aspen Sports Inc. 1. I(we) own real property described as the NW 1/4 of the NW 1/4,Section 7 . Township 7 S , Range 88 W Garfield County, Colorado. Located on our property are the following well(s): Well Permit Number 31706 10.3 acers state as follows: in , 6th P.M., ' SETEIZMIT N© IB KNOWN), am appling for another permit 2. I(we)-have-been-apprised-that ,-the-resent ewng of_a for a parcel of land in the NW 1/4 of the NW 1/4, Section 7 . Township 7 S Range 88W 6th P.M., desire to drill a new well(s) or the extend the use of an existing well(s). I(we) also understand that the purpose of such well(s) is tosupply domestic & commercial water in the amounts as set forth in the App.. and I(we) have reviewed the application(s) that were submitted to the State Engineer and receipted by him under receipt no(s). 396982 3. The proposed location(s) for the Frywald Well No. 2-4 well(s) will be less than 600 feet from one or more of my(our) wells. 4. By this statement I (we) are specifically waiving any objection to the issuance of a well permit(s) to Ernie Frywald c/o Aspen Sports pursuant to the request(s) as set forth in the referenced application(s) and would request that permit issuance not be postponed or denied because of any concerns by the Division or others that the proposed well(s) will materially affect my(our) well(s) or water right(s). I(we) also specifically waive any right (I)we may have to participate in a hearing before the State Engineer pursuant to Section 37-90-137(2), C.R.S. Dated this 22nd day of March 19 96 by Thomas ZIncanella 5 Io J'Areli V I z coGO y Oa co 3 rl • d oz • r • O x-� tr‘o a,o y O 71D Co rrl 0- -< CO 0- 0 a z r- - CD do co y -• yam-. C] O U1 '�yLTJ n O CD r oR' ar do 0 z CO t1 n • • 600 FOOT WELL SPACING STATEMENT I(we) Dave Dodson state as follows: 1. I (we) own real property described as: 1254 127 Road in the SE %4 of the SE '/4, Section 6, Township 7 South, Range 88 West, 6th P.M. Garfield County, Colorado. Located on our property are the following well(s): Permit No. 36168 and Permit No. 16994 Permit No. 28065 (USE PERMIT NO. IF KNOWN) 2. I (we) have been apprised that Ernie Fyrwald of Aspen Sports, Inc. present owners of a parcel of land: see attached map and legal description. Desire to drill a new well or to extend the use of an existing well. I(we) also understand that the purpose of such well is set forth in the well permit application, and that I(we) have reviewed the application that was submitted to the State Engineer and receipted by him under Receipt No. 396982 and Permit No. 31706. 3. The proposed location for the subject well will' be less than 600 feet from one or more of my(our) wells. By this statement I(we) are specifically waiving any objection to the issuance of a well permit; for the subject well, as set forth in the referenced application, and would request that permit issuance not be postponed or denied because of any concerns by the Division or others that the proposed well will materially affect my (our) well(s) or water right(s). I(we) also specifically waive any right I(we) may have to participate in a hearing before the State Engineer pursuant to Section 37-90-137(2), C.R.S. Dated this / / Tl� day of Oficii, 1996. 0314 '00 01:31 ID:LANIER' X3800 WRJ-5-67 FAX: • STATE OF COLORADO DIVISION OF WATER RESOURCES A PERMIT TO USE GROUND WATER A PERMIT TO CONSTRUCT A WELL APPLICATION FOR: yJ REPLACEMENT FOR NO. (Reason) LO OTHER PRINT OR TYPE_ APPLICANT Street Address City 6State Use of ground Owner of land is located Number of acres to be irrigated wator on which well Legal description o Irrigated land Other water rights on this land Owner of Irrigated land Aquifer(s) ground wet,/ is t� be obtained from Geltir�� ESTIMATED WELL DATA Est. quantity of ground water to Est. Max. Yield /¢ f— GPM Est. average annual amount to be used In acre-feet Storage capaclCy be claimed: or. C FS - Anticipated start of drilling 19 Hole Diameter: 7 in. from ( ft. to //O ft. in. from ft. to ft. Casing: Plain I Perf,7ln. In. In. from C ft. to ln. from ft. to f_ft. to from ft. to PUMP DATA: l Type (1 i, HP AF go ft. /J(7 Outlet Size ft. rt. rt, FOR STATE ENGINEER OR COMMISSION USE PAGE 3 E_:: +f � �(, l e 1 L u AUG 8 1967 SFl,T. �r • F£ riii:;NF.I i1 LOCATION OF WELL COUNTY 12/}4-I'K-1 t T. Street or Lot & Block City nr Subdivision ;i -i 4-, sec._ / R. g7w f 11 P.1:1. Ground Water Basin Water Management District LOCATE WELL ON THE BACK OF THIS SHEET co _ Driller Orli le Address Ignature of Applicant CONDITIONS OF APPROVAL APPLICATION APPROVED: VALID FOR ONE (1) YEAR AFTER DATE ISSUED UNLESS EXTCNDCD FOR COOD CAUSE SHOWN TO THE ISSUING AGENCY 31706 CONDI PERMIT NO. DATE IS A 1J67 Ar STATE ENGINEER By or TIONAL L_f C AIRMAN GROUND ATF R COMMISSION APPLICATION MUST BE COMPLETED SATISFACTORILY BEFORE ACCEPTANCE r 03/14 '00 41:32 ID:LAN IER43800 FAX -111, PAGE 4 _ N 1 o THE LOCATION OF THE PROPOSED WELL SHALL BE SHOWN ON THE DIAGRvu DCLOW WITH REFERENCE TO SECTION LINES OR GOVERNMENT SURVEY CORNERS OR MONUMENTS. feet from (North or South) section line feet from (East or West) section line IF WELL IS FOR IRRIGATION, THE AREA TO BE IRRIGATED MUST 8E SHADED OR CROSS -HATCHED. This diagram represents nine (9) sections. Use the CENTER SQUARE (one section) to Indicate the location of the well. THE SCALE OF THE DIAGRAM IS T!0 INCITES EQUALS ONE -MILE T 1 1 1 1 _ + f. — + ..- + _ _ + — + T. + - 1 1 1 i I I _ + — + _ + — ± _... + .y. + - + — + + — .1. / 1 I + _ . .t. r + ... + -I - + -r -I- -' . 4 _ . _+_ "1- + _ I + +— i I -4 - -4_ 1 ± — + 1 _. + 1 -I_ + I._ ) — t 1 _, THE SCALE OF THE DIAGRAM IS T!0 INCITES EQUALS ONE -MILE T 03/14 '00 01:30 I D LAN I ER�gX3800 FAX LOG AND HISTORY W LL LOG • PAGE 2 WELL DATA Ground EIevation !! // _j / Date Started____ 9 - Typo Drilling_ f�ij' D!�s J Date Completed Froni To Type of Material Water Loc. Pert. 0 /16c v I102,s`4—i J55. .. . Use additional paper-lf necessary log and a`ttaelt. State of `Colorado County of 88 9- 7 Holo Diameter: 7 in. from ft. to 1 ! 0 ft In from ft to ft in. from ft to ft CASING RECORD Cemented 'from Plain -Cas brig Size4., klncL — rorn ft. to m ft. Size_, kind from ft to it. Size_, kind .,.. from __.___ft. to ft. Perfor ted Cas n /� �' Size._ , kind n £t, to %L)ft. Size._.-_,., kind from ft. to ft. Size__ , kind from ft to ft. • TEST DATA Date Tasted y' -A 7 Type of Pump_ Length of Test_ . .Constant Yigld � l>r Drawdown --4 PUMP DATA (To be filed In / Type of Pump.. ,�Jb Outlet Size. -Driven by Ilorsepower f to complete • =PM TO WATER WELL DRILLERS STATEMENT Tow,' DEPTH / being duly sworn, 'deposes and says: he is the driller of the above. described well; he has read the above map atAi statement, knows the content thereof, and the same is true of his own knowledge. 4 6)1 License No. -YC/ Subscribed and sworn to before me this day of My Commission expires , 19�. Notary Public 19_ FORM TO BE MADE OUT IN QUADRUPLICATE: Original W /1TE (both %ides} G T*ipllcatc GREEN Copy must be filed with the State Eltgi acer within 30 -days after well Is completed. Duplicate E'aiK copy Is for the Owner & YELLOW copy for the Driller. WHITE FORM MUST BE AN ORI' LNAL COI*? GN 130TH SIDES AND SICNFI]. 03/14 '.00 01:30 I D : LAN I ERF`' 3800 FAX: • PAGE 1 1'K WRJ, ��Z STATE OF COLORADO RS[1-it'111711 20 i5 !1 f�B I DIVISION OF WATER RESUUItCF..S] " n Indra Nu. '- Ub'b'!1_:E OF TRtF NTA rE ENaLNEE[t .4".4...----t• f�--i.-0-i..67 IDWD CRtit-y kat 4 SkCt. U90 / MAP AND S'T'ATEMENT FUR WATER WELL FILING ipS'�iJ licglalcrcd_ l+:kih ifiCtt>} li PERMIT NUMBER ' I Know all men by these preannts 'Chat the undersigned L1 L �t% a a) • U clalmant(s), whose address Is > City_ .��`l�rurc 4v �IA(.0_—. stales: Clalmao'fs (ape) the owner(a) of well No,_ -31' in located as shown on the tnarbelow; the total slumber of anres of land owed by him (Uicm) to be Irrtgated from this well la ; work was cotmntenood on this wall by actual construction_ '� l- day of�r�'�' 19_4 i tc tested r„rnolty of Raid well is in i' ((Cpm) (aft), for Which claim is hore6y made for�}n,� e5_Ti� purpoeee; that the average artnunl amount of water io.-bc divert.*rl.in acre -ft.; and that the aforementioned sta:toinente aro made and this map and statement are flied In compliance with the law. State of Colorado County of ) •a �. �auuarJi�e j Subeorlbed and sworn before me thla___ day of 19 My Commission axptree Notary Public THE WELL SHALL'BE LOCATED WIT]( REFERMAP ENCE TO GOVERNMENT SURVEY CORNERS OR MONUMENTS, Olt SECTION LJNE8 BY DISTANCE AND BEARING. - .. •feet (ron (North or South) section line - »- •"� ° -feat fidtn (East or Wcet) emotion lige IF WELL -15 F(ili, 11:4RIOATIO2d! THE AREA TO DR IRRIGATED MUST BE SHADED OR CROSS- HATCHED.... .. Tbo cquare below will be-tuseti to Indtgnte the loonUon of the well'and the 1 . , 'I" t t 1 1. 1 1::-':., 11A'Rlr. t 1 t 1 1 : 'f . .1 1 1 i 1 1 1'1 1 1 1 .. 1 1 1 1 I , 1 .: , 1 1 i i t __1__ __� — _ -L—_-_..1.., 1 t1 t - - _ _ 1. ... - _ - ..♦ _ _ It 1- 1 1t t . 1 1 1' t I� t 1 1 WKLL LOCATION County /7 � T / < . R. eqa2_ .-... 6 P M Ground Water B9441-- Water aetu_Water Management Dletrlct Domestic wells May be located by the 1.ut. following; )OT MACK SUBDIVISION ACCEPTED FOR FILING IN TILE OFFICE OF THE STATE ENGINEER OF COLORADO ON TIIIS DAY OF - 19_. Malo Fnguieer • • DRAFT DECLARATION OF COVENANTS THE FRYWALD EXEMPTION (Garfield County, Colorado) THIS DECLARATION OF COVENANTS is made this day of April, 1996, by ERNEST FRYWALD (hereinafter "Frywald"), Owner of the property described below (hereinafter "Frywald"); WITNESSETH: WHEREAS, Frywald is the sole owner of certain real property located in Garfield County, Colorado, described as Lots 1 and 2, Frywald Exemption, recorded as Reception No. of the Garfield County Clerk and Recorder; and WHEREAS, the use of the common well, Well Permit No. , is contemplated and access to and use of said well must be confirmed for the benefit of both lots to Frywald. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Water Supply. The commercial and domestic water supply' for the two lots within the Subdivision is pursuant to Well Permit No. , issued by the State Engineer (hereinafter the "Well"), pursuant to a contract with the Basalt Water Conservancy District. The Well may not exceed 50 gallons per minute, and may be used only for household purposes for three residences, commercial uses, fire protection, and for the irrigation of home gardens and lawns. Lot 1 and all tenants that lease Lot 1 shall have the free and unrestricted access to the Well, pump, common pipeline valves, and all workings shared in common located on Lot 2. In the event that Lot 2 decides to lock the gate/well house for security purposes, Lot 1 owners and tenants shall be immediately provided with a key and shall not be restricted from accessing the well/pump and workings. 2. Conveyance and Assignment of Permit and Facilities. The Well and appurtenant facilities are currently owned by Frywald, and the permit for the Well is currently issued in the name Frywald Exemption. Each lot owner shall own an undivided interest in the Well, well permit, pump, and any appurtenant facilities, proportionate to their use. The permit shall be put in the names of the subsequent owners of both lots, as they may change from time to time, and such owners shall be responsible for subsequent assignments and amendments to reflect current ownership. The owner of Lot 1 shall be designated as the lot owner to receive all mail and documentation and shall promptly without delay provide copies to the other lot owner. G:\WP51\DOCS\FRYWALD.1 AG March 22, 1996 • • 3. Use. In-house/in-building use of the water shall take precedence over outside lawn and garden irrigation. In the event of shortage, lot owners shall cooperate and shall reduce their uses accordingly to conserve water in times when the Well may not produce adequate amounts. 4. Ownership and Maintenance of Well and Water Facilities. Each lot owner shall be the sole owner of water facilities which are used solely by that lot. Pursuant to the conveyances made as set forth in paragraph 2., above, the lot owners shall be the joint owners, each owning an undivided interest, in the Well, pump, and any appurtenant facilities which are used in common by the lots, proportionate with development approved or existing on their lot. Each lot owner's interest shall be appurtenant to such lot, and may not be transferred apart from the lot. The owners shall be solely responsible to operate, maintain, repair, replace, and improve the Well, pump, and any other appurtenant facilities. 5. Cost of Water Facilities. The owner(s) of each lot shall be entitled to that amount of water proportionate to the approved or existing development on each lot. The withdrawal of water from the Well shall be for uses as approved by the County and each must and must provide their proportionate amount of the costs of maintenance, operation, repair, replacement, and improvement of the Well, pump, and appurtenant facilities consistent with their approval. The costs of common water lines or other common water facilities shall be borne equally by the owners of the lots using such facilities. The lot owners shall cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the lot owners are unable to agree upon any required maintenance, repair, replacement, or improvement, any lot owner shall be entitled to undertake the minimal work necessary and essential for proper functioning of the common facilities. In the event a lot owner determines tb undertake such work, he shall first notify the other lot owners in writing. The lot owner undertaking the work shall upon completion provide the other lot owners with a written statement of the work performed and the other lot owners' proportionate shares of the costs. The other lot owners shall make payment as set forth in paragraph 6, below. 6. Payment of Common Expense. Each lot owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event a lot owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a lot owner fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, water service to the delinquent lot shall be discontinued. Further, the lot owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. G:\W P5 I \DOCS \FRYW ALD.1 AG March 22, 1996 -2- • • 7. Easements. Lot 2 of the Subdivision is and shall be subject to perpetual and nonexclusive easement for the benefit of Lot 1, sufficient to give force to the provisions of this Article, including easements for the maintenance, operation, repair, replacement and improvement of the Well, pump, appurtenant facilities and water lines, as shown on the final plat or for facilities as located and are in place. 8. Abandonment. In the event that any lot owner decides to use another well or to drill a new well on his own lot for all or a portion of uses on his lot, he may abandon all or a portion of his claim to the Well. In the event of such partial abandonment, the cost of maintenance, repair, replacement and operation shall be reduced accordingly. In the event of full abandonment of all claims and use of the Well, which abandonment must be in writing, signed and notarized by the then lot owner, this Declaration shall be voided and shall be of no further force of effect. 9. 600 -foot Spacing. Both lot owners herein waive their right to oppose the drilling or use of a new or existing well by the other lot owner on the basis that such well is within 600 feet of the Well. 10. Use of Water; No Waste. Depending on the available supply of water, each lot within the Subdivision is entitled to irrigate up to and no more than one-third acre (14,520 square feet) of lawns and gardens. Domestic, in-house uses shall take precedence over irrigation use, and no outside use shall be allowed if any in-house domestic needs not met. The lot owners may in writing agree to restrictions on and schedules for lawn and garden irrigation. The well shall not be used for commercial purposes nor greenhouse watering. The Well shall be used in accordance with the well permit and any lawful orders of the Water Commissioner, Division Engineer, or State Engineer. No lot owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. Unless otherwise agreed, no lot shalruse more than one-third of the water physically available from the Well. 11. Covenants to Run. The terms and conditions herein set forth in this Agreement shall run with the property constituting the Subdivision, and shall bind the parties, his successors, and assigns. All parties claiming by, through, or under the parties shall be taken to hold, agree, and covenant with each owner of each lot in the Subdivision, their heirs, successors, or assigns, to conform to and observe said restrictions, but no restrictions herein set forth shall be personally binding on the parties or any other persons except in respect to breaches committed during his or their seisin of, or title to said land. 12. Enforcement of Agreement. This Agreement may be enforced by any lot owner or any governmental entity having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by this Agreement. The prevailing party in such action shall be entitled to reasonable attorneys' fees and costs. G:\WP51\DOCS\FRYWALD.1 AG March 22, 1996 -3- • • 13. Amendment of Covenants. This Agreement may be sooner amended by unanimous consent of all lot owners; provided, however, that no amendment shall be effective until an instrument setting forth such amendment, signed and acknowledged by all three (3) lot owners, is recorded in the Office of the Garfield County Clerk and Recorder. 14. Severability. Should any provision of this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of any other provisions, which shall remain in full force and effect. 15. Enjoyment of the Property. The parties shall be entitled to the quiet enjoyment of their property and shall respect the peace of the other party. Both parties agree to refrain from verbal harassment or abuse of the other party. Entered into on the day and year first written above. By STATE OF COLORADO ) ) ss. COUNTY OF ) ERNEST FRYWALD Ernest Frywald Acknowledged, subscribed, and sworn to before me this day of 1996, by Ernest Frywald. WITNESS my hand and official seal. My Commission expires: G:\WP51\DOCS\FRYWALD.1 AG March 22, 1996 -4- Notary Public • • Entered into on the day and year first written above. By STATE OF COLORADO ) ) ss. COUNTY OF ) LOT OWNER Acknowledged, subscribed, and sworn to before me this day of 1996, by WITNESS my hand and official seal. My Commission expires: G: \ W P51 \ DOCS \ FRY W ALD. l AG March 22, 1996 -5- Notary Public wAll