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Home My WebLink About1.0 Application Karl J. Hanlon kjh@mountainlawfirm.com Sander N. Karp* James S. Neu Karl J. Hanlon Michael J. Sawyer James F. Fosnaught Jeffrey J. Conklin * Fellow of the College of Labor and Employment Lawyers Matthew L. Trinidad Patrick L. Barker ______________ Of Counsel Richard I. Zuber** Anna S. Itenberg Greg S. Russi Hollie L. Wieland ** Fellow of the American Academy of Matrimonial Lawyers Glenwood Springs Office 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Aspen Office*** 323 W. Main Street, Suite 301 Aspen, CO 81611 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 www.mountainlawfirm.com ***All correspondence should be sent to the Glenwood Springs office July 17, 2015 Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Ironbridge Phase III, Filing 1, Final Plat – File No. SFPA8234 Greetings: Enclosed at your request please find a complete updated Application for a Final Plat for Phase III, Filing 1 of the Ironbridge Subdivision. This packet includes all previously provided updates to reflect Phase III being platted in two separate filings. It also incorporates the additional information and updates requested and previously provided to your March 23, 2015 NTC Letter. The following items are included in the application: 1. Application; 2. Agreement to pay; 3. Pre-Application Conference Summary; 4. Statement of Authority – Blue Heron Properties; 5. Deeds: a. Vesting Deed – Blue Heron Properties, LLC b. Quit Claim Deed from RFW&SD to Blue Heron 6. Title Commitment showing no liens on property; 7. Draft Subdivision Improvements Agreement; a. Appraisal of Ironbridge Phase III b. Road Improvement Fees Letter from HCE c. Cost Estimate 8. CCR’s; 9. Affordable Housing Plan; Karp . Neu .H~nt~n2 Ironbridge Phase III Final Plat Page2 10. Inclusion Agreement-Water; 11. Inclusion Agreement -Sewer; 12. Engineering Plans and Reports including: a. Full Plan Set b. High Country Engineering (HCE) Response to First Review by Chris Lehrman -Schmueser Gordon Meyer, Inc. re: RFWSD c. HCE Response to May 21, 2007 Review by Chris Hale -Mountain Cross Engineering. d. Escrow Agreement The complete application is also contained on the CD submitted herewith. Should you have any questions regarding the application please do not hesitate to contact either myself or Matt Langhorst at High Country Engineering. KJH:ap Enclosures cc: Blue Heron Properties Very truly yours, KARP NEU HANLON, P.C. c::E-Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM -----TYP ~ OF SUBDIVISION/EXEMPTION . _ _ __ 0 Minor Subdivisi ~n--·-___ J__fl ~elimi na r y Plan Amen dment M ajor Subdivision 0 Final Plat Amendment 0 Sketch D Prelimina ry [!] Final -1 g _ c~mmon_l nterest Com!!'unlty Subdivision Conservation Subdivision ___g f ublic/Cou nt Road Split Exe m ptio n 0 Yield 0 Sketch 0 Preliminary 0 Final _Q._B.~!-~1. ~a-~d D_ey~l ~e_~~nt Exem t i~---i 0 Time Extension ------- [INVOLVED PART_l _ES __ Owner/ Applicant I Name: Blue Heron Prope~ies, L~C ! Mailing Address : 430 lronbndge Dnve I I City: Glenwood Springs State: CO I E-mail : kjh@mountainlawfirm.com Representative (Authorization Required) I Name: Karl J. Hanlon Mailing Address: PO Drawer 2030 i City: Glenwood Springs state: CO I I E-mail: kjh@mountainlawfirm.com ~PROJECT NAME AND LOCATIO ~ ----=--~--~ 1 Project Name: : lronbridge PUD Phase Ill, Filing 1 Final Plat I -------~ =l Phone:( _ _, ______ I I I Zip Code: _8_1_6_0_2 ____ _ -l Phone: ( 970 ) 945-2261 Zip Code: _8_1_6_0_2 ____ _ I Assessor's Parcel Number: ±__l__Q_~ -_Q__1 _~ -.1..__ji-_Q__Q__1_ Physical/Street Address: _______________________ _ : Legal Description: lronbridge PUD, Phase Ill, Filing 1 I -~~~~~~~~~~~~~~~~~~~~~~~~-I I Zone District: _P_U_D ____________ Property Size (acres): 26.230 -~ Project Description Existing Use: Planned Unit Development with Golf Course I Proposed Use (From Use Table 3-403): ----------------------- 1 Description of Project: Final Plat approval, lronbridge PUD Phase Ill, Filing 1 !~~~~~~~~~~ '---~~-~~~~~~~-~~~~~~~~~ !~~~~~~~~~~~~~~~~ j Proposed Dev ~ment Area __J ' ~:."~:;ri;• -# ·~~ots t #of Un-it_s __ -r-1---A-cre a~~-t ~~r~ing _ J Dup_I~~ _ _ ___ __ _ __ _ _ _ ---------i Multi-Family _ __ ---! Commerd-;I --==-j__ ---__ 1 1. Industrial JEt ac· ~ -------·i-~-----_-t!---~---_-=-----~ I R-E-Q-UEST FOR WAIVER_S __ _ 1-Submission Requirements D The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section :--------------- Section:-------------Section :--------------- Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section:--------------- Section: Section :--------------- I have read the statements above and have provided the required attached Information which is co :ct and a ~curate to the best of my knowledg~e. Ge >A L ,,..--. /) f";>(,;1,,, ,~ (ChtJv l}or;y .. /':fJ<J Uc \_Z)~ Jv-11 t<-. ?oo- signature of Property Owne: bq ~ wi.f J ~ Date I . ________ f!>_1~_ It~~ M~"'S"l'M.'ft..t t /??a,,4ff_i ~; (ti(~~ ,_OFFICIAL USE ONLY _ _ _ J I I j File Number: ___ _ !_ ____ . __ _ Fee Paid:$. ____________ _ I ____] Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2395-012-26-001 & 2395-013-30-006 DATE: January 17, 2014 Updated: July 15, 2014 & February 24, 2015 PROJECT: Ironbridge PUD OWNER: Blue Heron Properties, LLC REPRESENTATIVE: Karl Hanlon PRACTICAL LOCATION: South of Glenwood Springs off of CR 109 TYPE OF APPLICATION: Final Plat – Phase III Ironbridge I. GENERAL PROJECT DESCRIPTION Preliminary Plan approval was granted for the third phase of the Ironbridge development in March of 2008 under Resolution 2008-42 with a one-year timeframe to submit a technically complete final plat. This approval has undergone four extensions and Resolution 2013-49 extended the approval to March 10, 2015. The Applicant seeks to submit a final plat application consistent with the preliminary plan approval to divide a 46.29-acre property into sixty (60) residential lots. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County 2013 Land Use and Development Code, as amended, Sections: 4-101 Common Review Procedures 5-302 (D) – Final Plan/Plat review 5-402 (E) and (F) Submittal Requirements regarding the Final Plan/Plat Table 5-401 – Submittal Requirements, including engineering reports and plans III. REVIEW PROCESS The Applicant must demonstrate compliance with the conditions of approval for the preliminary plan and submit necessary documents for review of the final plat. The Board of County Commissioners shall review the plat at a public meeting which requires no public notice. A. Pre-application Conference. B. Application Submittal (three paper copies and one CD). C. Determination of Completeness. D. Additional Copies requested and sent to referral agencies. E. Evaluation by Director/Staff resulting in a Staff Report to the Board of County Commissioners. F. Plat mylar, Improvements Agreement. Declarations and any other documentation to be recorded may be submitted for Board consideration at the public meeting, otherwise the Applicant has up to 90 days to complete this information. Referral may be sent to the following agencies: Reviewing Engineer, County Surveyor, Road & Bridge and any of other agency deemed applicable upon review of documentation. IV. PUBLIC HEARINGS AND NOTICE Final plats do not require a public hearing therefore no notice is required. V. SUBMITTAL REQUIREMENTS A. General Application Materials – application form and fee, agreement to pay form, proof of ownership and/or Statements of Authority, deed or title commitment, vicinity map, project description; B. Improvements Agreement; C. Final Plan Map; D. Final Plat; E. CCR’s; F. Affordable Housing Plan; G. Engineering reports including: a. Roads, Trails, Walkways and Bikeways; b. Mitigation of Geological hazard; c. Sewage Collection and Water Supply and Distribution System; d. Soil Suitability information; e. Groundwater Drainage; f. Engineering design and construction features for any bridge, culverts, or other drainage features to be constructed; g. Final cost estimates for public improvements. VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 200.00 Plus any additional Staff time charged at staff hourly rate of $40.50 Referral Agency Fees: $ TBD (engineering review and county surveyor review to be billed) Total Deposit: $ 200.00 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: February 24, 2015 Kathy Eastley, AICP Date Karl J. Hanlon kjh@mountainlawfirm.com February 27, 2015 Sander N . Karp* James S. Neu Karl J. Hanlon Michae!J. Sawyer James F. Fosnaught Jeffrey J. Conklin • Fellow of the College of Labor and Employment Lawyers Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Ironbridge Phase III Final Plat Greetings: Matthew L. Trinidad Patrick L. Barker Of Counsel Richard I. Zuber** Anna S. Itenberg Greg S. Russi Hollie L. Wieland **Fellow of the American Academy of Malrimonial Lawyers Glenwood Springs Office 20 I 14th Street, Suite 200 P. 0. Drawer 2030 Glenwood Springs, CO 81602 Aspen Office*** 323 W. Main Street, Suite 301 Aspen, CO 81611 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 www.mountainlawfirm.com *0 All co"espondence should be sent lo the Glenwood Springs office Enclosed please find an Application for a Final Plat for Phase III of the Ironbridge Subdivision. On January 17, 2014 a Pre-Application Conference was held with Kathy Eastley regarding this Plat Amendment. Subsequently, the Pre-Application Conference Summary was updated on July 15, 2014 and February 24, 2015. A copy of the updated Pre-Application Conference Summary is attached hereto. The following items are included in the application: 1. Application; 2. Agreement to pay; 3. Pre-Application Conference Summary; 4. Statement of Authority -Blue Heron Properties 5. Vesting Deed-Blue Heron Properties, LLC; 6. Title Commitment showing no liens on property; 7. Draft Subdivision Improvements Agreement; 8. CCR's; 9. Affordable Housing Plan; 10. Inclusion Agreement-Water; 11. Inclusion Agreement -Sewer; 12. Engineering Plans and Reports including: Karp .. Neu .. H~nJ~n ~ Ironbridge Phase III Final Plat Page 2 a. High Country Engineering (HCE) Response to First Review by Chris Lehrman -Schmueser Gordon Meyer, Inc. re: RFWSD b. HCE Response to May 21, 2007 Review by Chris Hale -Mountain Cross Engineering. c. Final cost estimate for public improvements d. Final Plat e. Grading Drainage and Erosion Control f. Street Improvements g. Utilities h. Sanitary Sewer 1. Storm Sewer J. Miscellaneous Drawings k. As-Builts 1. Sinkhole Survey. The complete application is also contained on the two CDs submitted herewith. Should you have any questions regarding the application please do not hesitate to contact either myself or Matt Langhorst at High Country Engineering. KJH:ap Enclosures cc: Blue Heron Properties Very truly yours, KARP NEU HANL ON, P.C. March 23, 2015 Karl Hanlon Karp Neu Hanlon, P.C. P.O. Drawer 2030 Glenwood Springs, CO 81602 kjh@mountainlaw.com Reference: Ironbridge Phase III Final Plat – Garfield County File Number SFPA8234 Dear Karl, Garfield County is in receipt of the above referenced final plat application for Ironbridge Phase III submitted on February 27, 2015. This application has been reviewed for technical completeness and Community Development provides the following comments: 1. The Preliminary Plan for Ironbridge Phase III was approved by the Board of County Commissioners (BOCC) in 2008 with a requirement to submit a technically complete final plat within one year of approval. The BOCC approved numerous extensions to the preliminary plan, the most recent of which was granted under Resolution 2013-49. The resolution extended the expiration date for submittal of a technically complete final plat to March 10, 2015 . This department will continue processing the current application until it has been determined to be technically complete. 2. The application form was not adequately completed – please add in the Assessor’s parcel Number (2395-012-26-001), and the property size. 3. Impact fees are due and payable at final plat. Please respond to the following impact fees: a. Fee in-lieu of School Land Dedication – this requires an appraisal of the unimproved value of the land which is used to calculate the fee in-lieu of land dedication. b. Road Impact Fees. c. Carbondale Fire Protection District. 4. Final Plat a. The Final Plat contains a legend that identifies certain line types, however the dashed lines within the lots is not identified in the legend. b. Please clarify what the dashed lines are on the proposed plat. Are these building envelopes? Setbacks? Other? The PUD Guide lists setbacks within each of the sub-zone districts; please confirm that the envelopes are consistent with the setbacks? Further, Sheet 1 notes blanket easements on the lots for front, side and rear of the lots - are the proposed building envelopes consistent with these easements? c. Lot 61 is not described in the Land Use Summary. d. The Land Use Summary chart on page 2 should be consistent – one column is “land use” which for Lots 16 to 28 are described as “River Lot”. This is not a use and instead this should state “Single Family” or “Residential”. e. The PUD Guide contains lot restrictions related to minimum lot size, lot width at building line and lot depth. There appears to be an issue with the 9,000 square foot zone district lots as the PUD Guide requires a 175’ lot width that has not been met. Please respond to this issue as well as demonstrate that this restriction has been satisfied on the remaining lots. 5. Affordable Housing a. Resolution 2008-42, Preliminary Plan approval for Phase III, contains conditions of approval. The Applicant is required to demonstrate compliance with these conditions of approval, including Condition 5. which states “Prior to submittal of the Final Plat Application the Applicant shall demonstrate compliance with the Approved Affordable Housing Escrow Agreement.” b. An Affordable Housing Plan is required pursuant to Article 8. That Plan is required to address items enumerated in section 8-201 A. and is considered a technical completeness item that must be addressed prior to acceptance of the application for review. c. Resolution 2004-26 corrects prior resolution 2004-20 and 2004-21. The document contains a condition of approval that, in part, requires: 6.A.2.) …Applicant shall be required at all times and until construction of the entire 30 affordable dwelling units is complete, to have constructed and sold or constructed and available for sale, affordable dwelling units in a number equal to 10% of the total num ber of unrestricted units which have at that time been sold or made available for sale. This condition does not appear to contemplate rental units as satisfaction of the affordable housing requirement. Should Ironbridge seek to amend this condition of approval to move forward with the proposal to provide off-site rental units, the preliminary plan and PUD must be amended to remove this condition of approval. 6. A Final Plan is a submittal requirement at final plat, however the submittal documentation did not contain this required information. Please see section 5 - 402 E. for details on this plan. Review of the plat for technical completeness also identified the following issues unrelated to technical completeness. These items will need to be addressed during the review process: 1. On Sheet 4 there is a lot located between lots 7 and lot 9 that is not identified and does not contain acreage of the lot. 2. On sheet 4 there is a lot located next to lot 14 that is not identified and does not contain acreage of the lot. 3. Please change the reference of “Building and Planning” to “Community Development”. 4. The plat notes should contain a reference to the Sixth Amended and Restated PUD Guide, reception 847515, as may be amended from time to time. 5. Use the following Commissioner Certificate on the plat: County Commissioners’ Certificate This Plat is approved by the Board of County Commissioners of Garfield County, Colorado, this ____ day of _______________, A.D., 20__, for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon, subject to the provision that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads, highways or easements dedicated to the public, except as specifically agreed to by the Board of County Commissioners by subsequent resolution. This approval shall in no way obligate Garfield County for the construction, repair or maintenance of public roads, highways or any other public dedications shown hereon. Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. ATTEST: County Clerk Section 4-101.B(2) states that if the Applicant fails to correct the deficiencies within 60 days the application shall be deemed withdrawn. Given the status of an expired Preliminary Plan we would urge you to submit these technical completeness items at your earliest convenience. Feel free to contact me with any questions on this review. Sincerely, Kathy Eastley, AICP CC: File Tamra Allen Kelly Cave Sander N . Karp* James S. Neu Matthew L. Trinidad Patrick L. Barker Glenwood Springs Offlce 201 I 4ih Street, Suite 200 P. 0. Drawer 2030 Glenwood Springs, CO 81602 Karl J. Hanlon kjh (w mountainlawfinn .com Karl J. Hanlon Michael J. Sawyer James F. Fosnaught Jeffrey J . Conklin Of Counsel Richard I . Zuber** Anna S. Itenberg Greg S. Russi Hollie L. Wieland Aspen Office*** 323 W . Main Street, Suite 301 Aspen, CO 8161 I May 22, 2015 • Fellow of the College of Labor and Employment Lawyers •w Fellow of the American Academy of Matrimonial Lawyers Telephone: (970) 945-2261 Facsimile : (970) 945-7336 www.mountainlawfirm.com ***All co"e~pondence should be l;enl to the Glenwood Springs office Hand delivery Kathy Eastley, AICP Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Ironbridge Phase Ill Final Plat-Garfield County File No. SFPA8234 Dear Kathy: Thank you for your letter regarding Application for a Final Plat for Phase lII of the Ironbridge Subdivision. The following addresses the numbered items in your March 23, 2015 letter. 1. We appreciate your patience with this process and endeavor to complete the application process in a timely manner. 2. Application. Attached is an updated application form. 3. Impact Fees. a. Fee in-lieu of School Land Dedication. School Land Dedication fees are at $64,122.22 or $1051.02/unit. They are included in the draft Subdivision Improvement Agreement ("SIA"). Attached is a copy of the appraisal of the unimproved value of the land for calculating these fees. b . Road Impact Fees . Road Impact Fees for this phase of the development would be $77,900.73 and for the full development $403,551.32. Offsite improvements of $1.9 million fully offset these amounts. The worksheets for road impact fess are attached to the SIA and a letter from HCE detailing offsite improvement costs is also attached. c. Carbondale Fire Protection District. The Fire Impact Fee is $730 per unit. The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat $44,530.00. 4. Final Plat. Items "a" through "d" addressed in your NTC letter have been addressed on the updated final plat submitted herewith. e. In looking at 2004-26 which included Resolution 2004-20 as an exhibit that included the last full version of the PUD guide, it appears that there was a typo in that a lower case "L" was put in front of the "75" so it reads I75'. When the PUD Guide retyped it was copied as 175 '. If you look at the "l" and ''I''s on that page of the original PUD Guide it is clear it is not a "l ". This analysis, that it was an unintentional typo, is Karp.Neu .H~f.!1~~2 Response to NTC Letter -Ironbridge Phase III Final Plat Page 2 consistent with the Preliminary Plan which approved 75 ' lot frontages. Applicant proposes to address this as a clerical error and, with County consent, rerecord the PUD Guide with the correction. 5. Affordable Housing. a. Approved Affordable Housing Escrow Agreement. Staff has confirmed that all twenty-four affordable housing units have been constructed as required by the Phase l and Phase II approvals. As such, any current obligations under the Escrow Agreement have been met. Future affordable housing construction would be subject to an updated agreement. A copy of the Agreement is attached. b. Affordable Housing Plan. Attached is revised Affordable Housing Plan removing references to rental housing. c. Affordable Housing Type. The Affordable Housing Plan has been updated to remove references to rental housing and include the timing language from Resolution 2004-26. 6. Final Plan. The Final Plan is attached with two cover sheets. One matching the approved Preliminary Plan and on matching Staff comments and the Final Plat. Final Plat Review: While not required for Technical Completeness the following items have been addressed in the updated Final Plat. 1. Sheet 4 -Lot between 7 and 9. 2. Sheet 4 -Lot adjacent to Lot 14. 3. Change Building and Planning to Community Development. 4. 61h Amended and Restated PUD Guide reference. 5. Commissioner Certificate. Should you have any questions please do not hesitate to contact hesitate to contact either me or Matt Langhorst at High Country Engineering. KJH:ap Enclosures: Updated Application Form Draft Subdivision Improvement Agreement Very truly yours, Karp .. Neu .. H,~tQ!~n~ Response to NTC Letter -Ironbridge Phase III Final Plat Page 3 Appraisal of Unimproved Land Letter from HCE detailing offsite improvements Updated Final Plat Revised Affordable Housing Plan Updated Final Plan (with alternate cover sheet) Escrow Agreement -Phases I and II (recorded at 749679) cc: Blue Heron Properties PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Blue Heron Properties, LLC _____________________________ agree as follows : 1. The Applicant has submitted to the County an application for the following Project: __ _ Final Plat, lronbridge PUD, Phase Ill 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person:_J_o_h_n_Y_o_u_n_g __________ Phone: ( 970 ) 384-0630 Billing contact Address: 430 Iron bridge Drive City: Glenwood Springs State: CO Zip Code: _8_1_6_0_1 ___ _ Billing contact Email : jyoung@ironbridgeclub.com Printed Name o ut ho rized to Sign : John Young --------------------- February 25, 2015 (Date) 1111 ~,lrJ~J11,,, t l'tf U.r¥.iLH"I~ "I~~ ~"11/ 1 NJIJ-~,IM1,1~, 11111 Reception#: 847509 03/25 12 0 14 11 :08 :25 AM Jean Alberico 1 of 2 Rec Fee :$16 00 Doc Fee:0 .00 GARFIELD CO UNTY CO Document prepared by: After recording return to: Karl Hanlon Karp Neu Hanlon PC 201 14th Street, Suite 200 Glenwood Sp rings, CO 81601 STATEMENT OF AUTHORITY RE(~EIVED MAR 3 1 2014 f<ARP, NEU, HANLON, P.C. 1. This Statement of Authority relates to an entity named Blue Heron Properties, LLC (the "Company"), and is executed on behalf of the entity pursuant to the provisions of Section 38- 30-172, C.R.S. 2. The type of entity is a Limited Liability Company. 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is: 430 Ironbridge Drive, Glenwood Springs, CO 81601. 5. The managers named below are jointly authorized to execute instruments conveymg, encumbering, or otherwise affecting title to real property on behalf of the entity. Blue Heron Property Management, LLC by its Managers, John Young and CLM Blue Heron, LLC 6. The authority of the foregoing managers to jointly bind the entity is not limited. 7. Other matters concerning the manner in which the entity deals with interests in real property: No other matters or restrictions or limitations. Signature page follows immediately 1 of2 ... J~1 ftl-\~~ Hl~!'P-1~~ m ~IG~'rr~ ~I'. t~rL.,1-.1 1 1 .i\~. 11111 ~ceptiontt : 847509 . u3/25/2014 11 ·08 ·25 AM Jean Alberico 2 of 2 Rec Fee :$i6.00 Doc Fee :0 .00 GARFIELD COUNTY CO Executed this 2.<... day of ~a.\ 2014. and by: Blue Heron Property, LLC e Heron Property Ma ement, LLC, y CLM Blue Heron, LLC, by James W. Light, its Manager STATE OF COLORADO COUNTY OF GARFIELD] //ss The foregoing instrument was acknowledged before me this ~ day of~ 2014, by Blue Heron Properties, LLC, by and through its Managers Blue Heron Property Management, LLC, by John Young its Manager. Witness my hand and official seal: My commission expires: ¥ ¢~ STATE OF COLORADO COUNTY OF GARFIELD] //ss L/}10~/l~ Notary Public MARIANNE MCGARRY Notary Publlc State of Colorado The foregoing instrument was acknowledged before me this ,;}/ S r day o l:..:!<!U~::.:=:......::..=="""""_.. __ . 2014, by Blue Heron Properties, LLC, by and through its Manager Blue Heron Property Management, LLC, by and through its manager, CLM Blue Heron, LLC by James W. Light its manager. Witness my hand and official seal: My commission expires: _9......,_/_9-+-/ ..... 1--'~'--,.,,.,.,---7 I MARIANNE MCGARRY Notary Public State of Colorado 2 of2 r-- 840142 08/30/2013 04:59:58 PM Page 1 of 5 Jean Alberico, Garfield County, CQJorado Rec Fee: $31.mtDoc Fee: $322.00 eRecorded SPECIAL WARRANTY DEED THIS DEED is dated August 30, 2013, and is made between LB ROSE RANCH LLC, a limited liability company duly organized and validly existing under and by virtue of the laws of the State of Delaware (the "Grantor''), and BLUE HERON PROPERTIES, LLC, a limited liability company duly organized and validly existing under the laws of the State of Colorado (the "Gran.tee"), whose legal address Is 24398 Highway 82, PO Box 620, Basalt, Colorado, Whereas, on September 15, 2008 and periodically thereafter, Lehman Brothers Holdings Inc. ("LBHI") and certain of its affiliates, Including Grantor (collectively, the "Debtors"), commenced voluntary cases (the ''Chapter 11 Cases") under chapter 11 of title 11 of the United States Code in the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court"). · Whereas, on December 6, 2011, the Bankruptcy Court entered an order (the "'Confirmation Order") confirming the Modified Third Amended Joint Chapter 11 Plan of Lehman Brothers Holdfngs Inc. and Its Affiliated Debtors (the "Pfan"), The Plan became effective on March 6, 2012. ' Whereas, pursuant to the Plan and the Confirmation Order, LBHI was appointed as "Plan Administrator" on behaff eaoh of the Debtors and directed to, among other things, wind"(jown, sell and otherwise liquidate the assets of each of the Debtors. WITNESS, 1hat the Grantor, for and In consideration of the sum of THREE MILLION TWO HUNDRED lWENTY THOUSAND DOLLARS, ($3,220,000.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together wrth any improvements thereon, located in the County of Gartield and State of Colorado, described in Exhibit A attached hereto. · TOGETHER with all and singular the heredltaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the heredltaments and appurtenances. I ('.:JI_.~,, t I TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the Grantee and the Grantee's heirs and assigns forever. The Grantor, for itself and rts successors and assigns, does covenant and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoin;ng vacated street or alley, if any, iri the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor except and subject to the matters described in Exhibit B attached hereto. THIS SPECIAL WARRANTY DEED IS BEING DELIVERED IN CONNECTION WITH A CONFIRMED PLAN OF REORGANIZATION PURSUANT TO CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE. PURSUANT TO SECTION 1146(a) THEREOF AND THE TERMS OF SUCH PLAN, NO DOCUMENTARY STAMP TAXES ARE DUE IN CONNECTION WITH THIS SPECrAL WARRANTY DEED r:· IJ~O 6'J<YJ771 ~ . US_ACTIVE:\4'1316916\3\6~1399,0030 · , E-Rf COR~'r:::o · SPECIAL WARRANTY DEED ··~· w• • • Uc !fc. 13:;';;),CYJ THIS DEED is dated August 30, 2013, and is made between LB ROSE RANCH LLC, a limited liability company duly organized and validly existing under and by virtue of the laws of the State of Delaware (the "Grantor"), and BLUE HERON PROPERTIES, LLC, a limited liability company duly organized and validly existing under the laws of the State of Colorado (the "Grantee"), whose legal address is 24398 Highway 82, PO Box 620, Basalt, Colorado. Whereas, on September 15, 2008 and periodically thereafter, Lehman Brothers Holdings Inc. f'LBHI") and certain of its affiliates, including Grantor (collectively, the "Debtors"), commenced voluntary cases (the "Chapter 11 Cases") under chapter 11 of title 11 of the United States Code in the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court"). Whereas, on December 6, 2011, the Bankruptcy Court entered an order (the "Confirmation Orden confirming the Modified Third Amended Joint Chapter 11 Plan of Lehman Brothers Holdings Inc. and Its Affiliated Debtors (the "Plan"). The Plan became effective on March 6, 2012. . Whereas, pursuant to the Plan and the Confirmation Order, LBHI was appointed as "Plan Administrator" on behalf each of the Debtors and directed to, among other things, wind-down, sell and otherwise liquidate the assets of each of the Debtors. WITNESS, that the Granter, for and in consideration of the sum of THREE MILLION TWO HUNDRED TWENTY THOUSAND DOLLARS, ($3,220,000.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Garfield and State of Colorado, described in Exhibit A attached hereto. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right. title, interest, claim and demand whatsoever of the Granter, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever. The Granter, for itself and its successors and assigns, does covenant and agree that the Granter shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, iri the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor except and subject to the matters described in Exhibit B attached hereto. '·· ;JPr'. THIS SPECIAL WARRANTY DEED IS BEING DELIVERED IN CONNECTION WITH A CONFIRMED PLAN OF REORGANIZATION PURSUANT.TO CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE. PURSUANT TO SECTION 1146{a) THEREOF AND THE TERMS OF SUCH PLAN, NO DOCUMENTARY STAMP TAXES ARE DUE IN CONNECTION WITH THIS SPECIAL WARRANTY DEED ~ /Jq ~Dk 63oo'h ,o QIAIMTu Jlt5 US_ACTIVE:\44316916\3\58399.0030 IN WITNESS WHEREOF, the Granter has hereunto executed this Special Warranty Deed as of the day and year first above written. · LB Rose Ranch LLC, a Delaware limited liability company By: Lehm.an rothers Holdings Inc., a D.~liiw~~~-.C ;ra~as Plan Administrator [Signature Page to lronbridge Special Warranty Deed -Golf Course, Homesites, Land] STATE OF NEW YORK County of \Jw ~o«--.. ~ ) ) SS ) Th~egoln:\\istrumeotwas ackn~wlecjged Pi:f<;>r.e m~ thisd.?i day of~'6\= , 2013, by SJroUe l!~Lnl lasAUlHORlZEDSIG1\AlOR\ ofLehmanBrothers oldingslnc., as Plan Administrator fo LB Rose Ranch LLC, a Delaware limited liability company (the "Company"), on behalf of said Company. Witness my hand and official seal. My commission expires: OEANNAEMILIO ~ Notary Pul:lllo, State of New York No. 01 EM6171082 Qualified In New Yori< Coun Term Expires July 2a, 2015 Notary Public [Acknowledgment to Signature Page to lronbridge Special Warranty Deed -Golf Course, Homesites, Land] EXHIBIT A Legal Description PARCEL A Lots68, 70, 71, 72, 74, 77, 78,80, 86,89, 172,247,248,251,252,253,255,256,257,258, 259,261,262, 263,264,265,266,267,269,270,272,273,275,276,277,278, 279,280,281, 282, 283, 284, 285, 287, 289, 291, 292, 293, 294 and 295, lronbridge Planned Unit Development, Phase II, Filings 1, 2 and 3, according to the plat recorded July 19, 2006, under Reception No. 702420, County of Garfield, State of Colorado l . .IJ PARCEL B Golf Course Parcels 1, 2, 5 and 7, Amended and Restated Final Plat of lronbridge Planned Unit Development Phase I, according to the plat recorded July 16, 2004 under Reception No. 654210, County of Garfield, State of Colorado Golf Course Parcels 3, 4 and 6, lronbridge Planned Unit Development Phase II, Filings 1, 2 and 3 according to the plat recorded July 19, 2006 under Reception No. 702420, County of Garfield, State of Colorado PARCEL C FUTURE DEVELOPMENT PHASE Ill PARCEL AS DEPICTED ON THE AMENDED AND RESTATED FINAL PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE I, ACCORDING TO THE PLAT RECORDED JULY 16, 2004 UNDER RECEPTION NO. 654210, COUNTY OF GARFIELD, STATE OF COLORADO EXHIBIT 8 Permitted Encumbrances 1. All covenants, easements, restrictions and other matters of record. 2. Taxes and assessments for the year 2013 and subsequent years. 3. Existing unrecorded leases and other residency or occupancy agreements and all rights thereunder of the lessees, tenants or other occupants and of any persons claiming by, through or under the lessees, tenants or other occupants. 4. All zoning regulations. 1111 ~,1~_.t·1~1 l 1W.Ji~'lrt+f4 r~-,.,,~ 1,,,:~~i.,1,tl,Nritl 1~~1 i 1,1/, 11111 Reception": 863988 .• OG/12/~015 02:53 :28 PM Jean Rlberico 1 of 2 Rec Fee:$16 00 Doc Fee:O 00 GRRFIELD COUNTY CO QUIT CLAIM DEED THIS DEED, dated April ..11__, 2015, is made by and between the Roaring Fork Water & Sanitation District ("Grantor"), whose address is P.O. Box 1002, Glenwood Springs, CO 81601, and Blue Heron Properties, LLC, a Colorado limited liability company with an address of 1007 Westbank Road, Glenwood Springs, CO 81601 ("Grantee"). WITNESS, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby remise, release, sell and QUITCLAIM unto the Grantee, and the Grantee's heirs and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with any improvements thereon, located in the County of Garfield and State of Colorado, described and depicted on Exhibit A attached hereto and incorporated herein. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, and the Grantee's heirs and assigns, forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Roaring Fork Water and Sanitation District By~ra4ief:ed~ ST ATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) Subscribed and sworn to before me this ~I day of April, 2015, by Bradley Geddes, Vice-President, Roaring Fork Water & Sanitation District. \ \ \ \\\ 11IJ11t11 11 ,,, ,1 11.L u'''' ~ ,, h 'I"' . 'l:i ~ ,, ()' ••·•·•· .• 'T,('-,,,, J 1 ~ ~ ;..;_ .·· ·-<:-~~ ol. (J/,--J ff . .:" 0 TA R \. °%.------1't----'--c..e-(_./-------- (SEAL) ~ ·:. :· _ -. 0 y : * ~NolafYPUbl My commission exph'~: : __ 1 C .: § ·~ l ,., . • I • L \ :0 ~ "" . . ' _, ,,,.. • . •• r-; ;:;;-~/ .... ·.. .· ~"~ "".,. /, ......... ~··c,,~ "111 OF co\..O ,,, 1111 1// II 11111 \I\\\\\ 1111 ~,1~_.~':1~1 l1K~~'Al~\~r1i~ ~,.,,~~,1 ~~rr'I~ ~1 ;1 ~~~~' ~i1,1~ 11111 Receptiontt: 863988 06/12/2015 02:53:28 PM Jean Rlberico 2 ~f 2 Rec Fee $16 .00 Doc Fee:O 00 GRRFIELD COUNTY CO Exhibit A to Quit Claim Deed Roaring Fork Water and Sanitation District - Blue Heron Properties, LLC EXHIBIT A TRACT A, IRONBRIDGE PUD -PHASE 3, (PROPOSED) COUNTY OF GARFIELD, STATE OF COLORADO / ---4otN T Of BEGINN ING I I ~ TIE ffiOM NW COR . S~EC . 1· S5B'07'01"E 2317.00' I 1.o,._."~ ·, to,. '~I I ~ .. ,. ~ / CUR\/E TA BLE CURVE RADIUS DELTA LENGTH TANGENT CHORD BEARING CHORD C1 170.00 2·34'28" 7.64 3.82 s 60"36'06" w 7.64 C2 35.00 59"10"54" 36.15 19 .88 s 29"43 '25" w 34.57 C3 60.00 65"31'22" 91 .49 51.48 s 32"53'39 " w 86.58 C4 35.00 63"57'07" 39.07 21.85 s 33·40•45• w 37.07 C5 170.00 4•3 2•14• 13.46 6.73 S 00"33'54" E 13.46 PROPERTY DESCRIPTION A PARCEL OF LAND BEING TRACT A, IRONBRIDGE PLANNED UNIT DEVELOPMENT -PHASE Ill (PROPOSED) AND BEING SITUATED IN SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 'M:ST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1; THENCE S58"07'01"E A DISTANCE OF 2,317.00 FEET TO THE NORTHWESTERLY CORNER OF SAID TRACT A (PROPOSED), JHE POINT OF BEGINNING; THENCE S59"14'24"E A DISTANCE OF 496.44 FEET; TiiENCE S54"00'00"E A DISTANCE OF 167.60 FEET; THENCE N77·oo'oo·E A DISTANCE OF 71.38 FEET; THENCE ALONG TiiE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 04"32'14", AN DISTANCE OF 13.46 FEET (CHORD BEARS S00'33'54"E A DISTANCE OF 13.46 FEET); THENCE ALONG TiiE ARC OF A CURVE TO TiiE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 63'57'07", AN DISTANCE OF 39.07 FEET (CHORD BEARS S33"40'46"W A DISTANCE OF 37.07 FEET); THENCE ALONG THE ARC OF A CURVE TO TiiE LEFT HAVING A RADIUS OF 80.00 FEET AND A CENTRAL ANGLE OF 65"31'22", AN DISTANCE OF 91.49 FEET (CHORD BEARS S32'53'39"W A DISTANCE OF 86.58 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 59"10'54", AN DISTANCE OF 36.15 FEET (CHORD BEARS S29'43'25"W A DISTANCE OF 34.57 FEET); THENCE ALONG THE ARC OF A CURVE TO TiiE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 02"34'28", AN DISTANCE OF 7 .64 FEET (CHORD BEARS S60"36'06"W A DISTANCE OF 7.64 FEET); THENCE N11"00'00"W A DISTANCE OF 50.62 FEET; TiiENCE N59'10'31"W A DISTANCE OF 681.52 FEET; TiiENCE S81 ·oo·oo"w A DISTANCE OF 59.01 FEET; TiiENCE N11·53'05•w A DISTANCE OF 2d.03 FEET; THENCE N81·oo·oo·E A DISTANCE OF 78.77 FEET; THENCE N30'45'36"E A DISTANCE OF 76.27 FEET TO THE POINT OF BEGINNING• SAID PARCEL CONTAINING 75,812 SQUARE FEET OR 1.740 ACRES, MORE OR LESS . • HIGH COUNTRY ENGINEERING, INC. 1517BLAKEAVENUE,STE IOI GLENWOOD SPRINGS, coa 1601 PHONE (970) 945"8676 FAX(970)945~ WWW.HCENO.COM BLUE HERON PROPERTIES TRACT A IRoNBRIOGE PUD, PHASE 3 (PROPOSED) ORAW/l BY. FWH CHECKED BY: DATE: 03/06/15 FILE : SCALE: 1" = 1-40' PROJECT N o : 2141002.00 PAGE'. I OF 1 ME'TRO DIST PHASE 3 EXHIBIT.DWG Customer Distribution Our Order Number: GC63009357 Date: 02-27-2015 Property Address: IRONBRIDGE PUD PHASE III, GLENWOOD SPRINGS, CO 81601 For Closing Assistance Janice L. Johnson 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 970-945-2610 (phone) 800-318-8206 (fax) jjohnson@ltgc.com For Title Assistance GLENWOOD SPRINGS "GW" UNIT 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 970-945-2610 (phone) 970-945-4784 (fax) tschuneman@ltgc.com Seller/Owner BLUE HERON PROPERTIES, LLC Delivered via: Delivered by Attorney Attorney for Seller KARP NEU HANLON Attention: MATTHEW TRINIDAD P.O. BOX 2030, 201 14TH ST, #200 GLENWOOD SPRINGS, CO 81601 970-945-2261 (work) mlt@mountainlawfirm.com Delivered via: Electronic Mail Attorney for Seller KARP NEU HANLON Attention: KARL HANLON P.O. BOX 2030, 201 14TH ST., #200 GLENWOOD SPRINGS, CO 81601 970-945-2261 (work) kjh@mountainlawfirm.com Delivered via: Electronic Mail Wire Instructions Bank: ABA No: Account: Attention: ALPINE BANK GLENWOOD SPRINGS, CO 81601 102103407 1 010018 384 Janice L. Johnson Reference GC63009357 *If any of the above information is missing, the wire will be returned to sender. *If you have questions or concerns, please contact your closer. *Please remit funds in the form of a cashiers check or wire ***NOTE: Land Title can not accept buyer funds in the form of personal checks, and buyer funds delivered using ACH payment systems may result in the delay or cancellation of your closing. Land Title Guarantee Company Estimate of Title Fees Order Number:GC63009357 Date: 02-27-2015 Property Address:IRONBRIDGE PUD PHASE III, GLENWOOD SPRINGS, CO 81601 Buyer/Borrower:A BUYER TO BE DETERMINED Seller:BLUE HERON PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees TBD Commitment $199.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $199.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: GC63009357 Customer Ref-Loan No.: Property Address: IRONBRIDGE PUD PHASE III, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 02-20-2015 at 05:00PM 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: BLUE HERON PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: FUTURE DEVELOPMENT PHASE III PARCEL AS DEPICTED ON THE AMENDED AND RESTATED FINAL PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE I, ACCORDING TO THE PLAT RECORDED JULY 16, 2004 UNDER RECEPTION NO. 654210 AND THE IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE II, FILINGS 1, 2 AND 3 PLAT RECORDED JULY 19, 2006 AT RECEPTION NO. 702420. COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2015 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: GC63009357 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THE FOLLOWING WILL BE REQUIRED SHOULD THE COMPANY BE REQUESTED TO ISSUE A FUTURE COMMITMENT TO INSURE: 1.COMPLIANCE WITH THE TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF PURCHASE AND SALE OPTION AGREEMENT RECORDED JUNE 26, 2014 AT RECEPTION NO. 850713 2.WARRANTY DEED FROM BLUE HERON PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: THE COMPANY RESERVES THE RIGHT TO MODIFY THE OWNER'S COVERAGE UPON RECEIPT OF THE BUYER'S INFORMATION. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GC63009357 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE 509 AND RECORDED JANUARY 15, 1896 IN BOOK 12 AT PAGE 394 AND RECORDED MARCH 24, 1896 IN BOOK 12 AT PAGE 411 AND RECORDED FEBRUARY 17, 1896 IN BOOK 12 AT PAGE 408 AND RECORDED MAY 20, 1899 IN BOOK 12 AT PAGE 508 AND RECORDED MAY 17, 1897 IN BOOK 12 AT PAGE 460 AND RECORDED MAY 20, 1899 IN BOOK 12 AT PAGE 507. 9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE 509 AND RECORDED JANUARY 15, 1896 IN BOOK 12 AT PAGE 394 AND RECORDED MARCH 24, 1896 IN BOOK 12 AT PAGE 411 AND RECORDED FEBRUARY 17, 1896 IN BOOK 12 AT PAGE 408 AND RECORDED MAY 20, 1899 IN BOOK 12 AT PAGE 508 AND RECORDED JUNE 3, 1953 IN BOOK 269 AT PAGE 307 AND RECORDED MAY 17, 1897 IN BOOK 12 AT PAGE 460 AND RECORDED MAY 20, 1899 IN BOOK 12 AT PAGE 507 AND RECORDED NOVEMBER 29, 1913 IN BOOK 92 AT PAGE 326. 10.RESERVATIONS AS CONTAINED IN PATENT RECORDED JUNE 3, 1953 IN BOOK 269 AT PAGE 307 AND RECORDED AUGUST 3, 1959 IN BOOK 319 AT PAGE 319 AND RECORDED JULY 1, 1969 IN BOOK 402 AT PAGE 587. 11.AN UNDIVIDED 1/2 INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED IN INSTRUMENT RECORDED OCTOBER 27, 1950 IN BOOK 254 AT PAGE 556 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GC63009357 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 12.AN UNDIVIDED 1/4 INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED SEPTEMBER 29, 1959 IN BOOK 320 AT PAGE 400 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 13.ALL INTEREST IN ALL OIL GAS AND OTHER MINERAL RIGHTS, AS RESERVED IN INSTRUMENT RECORDED FEBRUARY 24, 1983 IN BOOK 620 AT PAGE 965 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 14.MAPS AND STATEMENTS OF THE ROBERTSON DITCH RECORDED JANUARY 2, 1884 IN BOOK 7 AT PAGE 115 AND FILED JUNE 30, 1888 AS RECEPTION NO. 7200. 15.EASEMENTS AND RIGHTS OF WAY AS GRANTED TO PUBLIC SERVICE COMPANY IN INSTRUMENT RECORDED OCTOBER 27, 1959 IN BOOK 321 AT PAGE 237. 16.EASEMENTS AND RIGHTS OF WAY AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH IN INSTRUMENT RECORDED APRIL 23, 1972 IN BOOK 430 AT PAGE 134 AND RECORDED IN BOOK 430 AT PAGE 135. 17.EASEMENTS AND RIGHTS OF WAY AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS COMPANY IN INSTRUMENT RECORDED SEPTEMBER 16, 1991 IN BOOK 813 AT PAGE 551 AND RECORDED IN BOOK 813 AT PAGE 553. 18.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 09, 1979 IN BOOK 521 AT PAGE 468. 19.EASEMENTS AND RIGHTS OF WAY AS GRANTED TO TCI CABLEVISION IN INSTRUMENT RECORDED SEPTEMBER 22, 1993 IN BOOK 876 AT PAGE 251. 20.EASEMENTS AND RIGHTS OF WAY AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS IN INSTRUMENT RECORDED APRIL 24, 1995 IN BOOK 938 AT PAGE 139 AND AUGUST 21, 1995 IN BOOK 950 AT PAGE 728. 21.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JULY 5, 1972 IN BOOK 432 AT PAGE 536. 22.TERMS, CONDITIONS AND PROVISIONS AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 31, 1997 IN BOOK 1040 AT PAGE 738. 23.EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED SEPTEMBER 17, 1971 IN BOOK 422 AT PAGE 562. 24.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 12, 1997 IN BOOK 1029 AT PAGE 729. 25.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 22, 1998 IN BOOK 1053 AT PAGE 283. 26.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 98-80 RECORDED SEPTEMBER 09, 1998 IN BOOK 1087 AT PAGE 862. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GC63009357 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 27.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 07, 1998 IN BOOK 1102 AT PAGE 638. 28.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 07, 1998 IN BOOK 1102 AT PAGE 643. 29.TERMS, CONDITIONS AND PROVISIONS OF EASEMENTS AGREEMENT RECORDED APRIL 02, 1998 IN BOOK 1061 AT PAGE 34 AND AMENDMENT RECORDED OCTOBER 17, 2000 IN BOOK 1212 AT PAGE 822. 30.TERMS, CONDITIONS AND PROVISIONS OF WATER AGREEMENT RECORDED JULY 27, 1992 IN BOOK 837 AT PAGE 565 AND ADDENDUM TO WATER AGREEMENT RECORDED DECEMBER 2, 1993 IN BOOK 884 AT PAGE 481 AND ASSIGNMENT OF DITCH AGREEMENT RECORDED DECEMBER 2, 1993 IN BOOK 884 AT PAGE 487. 31.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-067 RECORDED JUNE 08, 1999 IN BOOK 1133 AT PAGE 911. 32.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-068 RECORDED JUNE 08, 1999 IN BOOK 1133 AT PAGE 922. 33.TERMS, CONDITIONS AND PROVISIONS OF INSTRUMENT RECORDED SEPTEMBER 03, 1991 IN BOOK 812 AT PAGE 670, THE MEMORANDUM OF AGREEMENT RECORDED FEBRUARY 18, 1993 IN BOOK 855 AT PAGE 18, THE AGREEMENT RECORDED FEBRUARY 18, 1993 IN BOOK 855 AT PAGE 27, AMENDED AGREEMENT RECORDED JUNE 16, 1994 IN BOOK 905 AT PAGE 979 AND AMENDMENT TO AGREEMENT RECORDED JUNE 16, 1994 IN BOOK 905 AT PAGE 982.. 34.TERMS, CONDITIONS AND RESERVATIONS CONTAINED IN MINERAL DEED RECORDED MAY 15, 1964 IN BOOK 358 AT PAGE 63. 35.TERMS, CONDITIONS AND RESERVATIONS CONTAINED IN THE DEED RECORDED AUGUST 4, 1997 IN BOOK 1028 AT PAGE 597. 36.ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT: (A) SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LAND, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED SO SUCH PORTION SO CREATED. (B) SOME PORTION OF SAID LAND HAS BEEN BROUGHT WITHIN THE BOUNDARIES THEREOF BY AN AVULSIVE MOVEMENT OF THE ROARING FORK RIVER OR HAS BEEN FORMED BY ACCRETION TO ANY SUCH PORTION 37.RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATERS OF THE ROARING FORK RIVER. 38.EASEMENTS AND RIGHTS OF WAY FOR INGRESS AND EGRESS AS CONTAINED IN INSTRUMENT RECORDED JUNE 18, 1971 IN BOOK 420 AT PAGE 88. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GC63009357 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 39.TERMS, CONDITIONS AND PROVISIONS OF PRE-INCLUSION AGREEMENT RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 640. 40.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED MARCH 18, 2003 IN BOOK 1447 AT PAGE 884, AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 09, 2004 IN BOOK 1646 AT PAGE 3, AND FIRST SUPPLEMENTAL RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE 283, AND SECOND AMENDMENT RECORDED AUGUST 03, 2007, UNDER RECEPTION NO. 729973. NOTE: ASSIGNMENT OF DECLARANT RIGHTS RECORDED AUGUST 30, 2013 AT RECEPTION NO. 840145. 41.TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF GOLF FACILITIES RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 734. 42.TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 748. 43.TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 780. 44.TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF SUBDIVISION RIGHTS AND APPROVALS RECORDED DECEMBER 12, 2000 IN BOOK 1221 AT PAGE 745. 45.TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ELECTRIC ASSOCIATION, INC. EASEMENT RECORDED NOVEMBER 09, 2001 AT RECEPTION NO. 591671. 46.TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED NOVEMBER 19, 2001 AT RECEPTION NO. 592091. 47.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 17, 2002 AT RECEPTION NO. 612735. 48.TERMS, CONDITIONS AND PROVISIONS OF GRANT OF VARIANCE RECORDED DECEMBER 05, 2002 AT RECEPTION NO. 615993. 49.TERMS, CONDITIONS AND PROVISIONS OF WATER ALLOTMENT CONTRACT RECORDED AUGUST 09, 2002 AT RECEPTION NO. 608642. 50.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2004-20 RECORDED FEBRUARY 11, 2004 IN BOOK 1560 AT PAGE 431, AND CORRECTION RESOLUTION NO. 2004-26 RECORDED MARCH 2, 2004 IN BOOK 1565 AT PAGE 600. 51.TERMS, CONDITIONS AND PROVISIONS OF AFFORDABLE HOUSING DECLARATION RECORDED JUNE 16, 2004 AT RECEPTION NO. 654213. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GC63009357 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 52.TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANTS ESTABLISHING COMMON AREA MAINTENANCE RECORDED FEBRUARY 28, 2005 IN BOOK 1665 AT PAGE 950. 53.TERMS, CONDITIONS AND PROVISIONS OF ACCESS EASEMENT DEED RECORDED FEBRUARY 25, 2005 AT RECEPTION NO. 669179. 54.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-35 RECORDED MARCH 22, 2006 IN BOOK 1782 AT PAGE 269. 55.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-34 RECORDED MARCH 22, 2006 IN BOOK 1782 AT PAGE 264. 56.TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF GOLF CLUB RESIDENT MEMBERSHIP RECORDED AUGUST 03, 2007 AT RECEPTION NO. 729974. 57.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE 1 AMENDED RECORDED JUNE 16, 2004, UNDER RECEPTION NO. 654210. 58.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE II RECORDED JULY 19, 2006, UNDER RECEPTION NO. 702420. 59.TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED DECEMBER 31, 2009 AT RECEPTION NO. 779950. 60.TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF DEED RESTRICTION RECORDED DECEMBER 22, 2008 AT RECEPTION NO. 760386. 61.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR COMMON AREA LANDSCAPING RECORDED MAY 23, 2011 AT RECEPTION NO. 802962. 62.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2010-44 RECORDED JUNE 22, 2010 AT RECEPTION NO. 787578. 63.TERMS, CONDITIONS AND PROVISIONS OF TERMINATION AGREEMENT RECORDED MAY 23, 2011 AT RECEPTION NO. 802961. 64.TERMS, CONDITIONS AND PROVISIONS OF SPECIAL WARRANTY DEED AND GRANT OF EASEMENT RECORDED MARCH 31, 2012 AT RECEPTION NO. 816242. 65.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION 2013-49 RECORDED AUGUST 06, 2013 UNDER RECEPTION NO. 838914. 66.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN RESOLUTION NO. 2014-14 RECORDED MARCH 25, 2014 UNDER RECEPTION NO. 847515. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by, us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A)The Subject real property may be located in a special taxing district. B)A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C)The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A)The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B)No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D)The Company must receive payment of the appropriate premium. E)If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A)That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1.The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2.If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4.This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1.Rights or claims of parties in possession not shown by the Public Records. 2.Easements, or claims of easements, not shown by the Public Records. 3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Authorized Officer or Agent Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 John E. Freyer, President 1 IRONBRIDGE SUBDIVISION IMPROVEMENTS AGREEMENT THIS IRONBRIDGE SUBDIVISION IMPROVEMENTS AGREEMENT (“SIA”) is made and entered into this ___ day of _________________, 2015, by and between BLUE HERON PROPERTIES, LLC (“Owner”) and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield (“County”), State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents (“BOCC”). Recitals 1. Owner is the owner and developer of the Ironbridge Subdivision (the “Subdivision”), which property is depicted on the Final Plat of Ironbridge Subdivision, Phase III, Filing 1 (“Final Plat”). The real property subject to this SIA is described in that Final Plat, recorded at Reception Number _______________ in the Clerk and Recorder’s records of Garfield County, Colorado and incorporated by this reference. 2. On June 6, 2007, the BOCC, by Resolution No. 2008-42, recorded at Reception Number 746338 of the real estate records of Garfield County, Colorado and incorporated by this reference, approved a preliminary plan for the Subdivision which, among other things, would create sixty-one (61) single-family, and open space/common area parcels (“Preliminary Plan Approval”). 3. As a condition precedent to the approval of the Final Plat submitted to the BOCC as required by the laws of the State of Colorado and by the Garfield County Land Use and Development Code of 2013, as amended (“LUDC”), Owner wishes to enter into this SIA with the BOCC. 4. Owner has agreed to execute and deliver security in a form satisfactory to the BOCC to secure and guarantee Owner’s performance under this Agreement and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy within the subdivision as more fully set forth below. 5. Owner represents that at the time of recording this SIA, all taxes and assessments upon all parcels of real estate described in the Final Plat are paid in full. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the BOCC and Owner (“Parties”) agree as follows: Agreement 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary Plan Approval, and the requirements of the LUDC and any other governmental or quasi- governmental regulations applicable to the Subdivision (“Final Plat Approval”). Recording of 2 the Final Plat in the records of the Garfield County Clerk and Recorder shall be in accordance with this SIA and at the time prescribed herein. 2. OWNER’S PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS. a. Completion Date/Substantial Compliance. Except as otherwise provided in this SIA with regard to the Affordable Housing Units (as hereinafter defined), Owner shall cause to be constructed and installed the subdivision improvements, identified in the Exhibits defined in subparagraph 2.a.i, below (“Subdivision Improvements”) at Owner’s expense, including payment of fees required by the County and/or other governmental and quasi-governmental entities with regulatory jurisdiction over the Subdivision. The Subdivision Improvements shall be completed on or before the end of the first full year following execution of this SIA (“Completion Date”), in substantial compliance with the following: i. Plans marked “Approved for Construction” for all Subdivision Improvements prepared by High Country Engineering and submitted to the BOCC on _______________, 2015, such plans being summarized in the list of drawings attached to and made a part of this SIA by reference as Exhibit A; and the estimate of cost of completion, certified by and bearing the stamp of Owner’s professional engineer licensed in the State of Colorado (“Owner’s Engineer”), attached to and made a part of this SIA by reference as Exhibit B, which estimate shall include an additional ten (10) percent of the total for contingencies (collectively the “Cost Estimate”); ii. All requirements of the Preliminary Plan Approval; iii. All laws, regulations, orders, resolutions and requirements of the County and all special districts and any other governmental entity or quasi- governmental authority with jurisdiction; and iv. The provisions of this SIA and all other documentation required to be submitted along with the Final Plat under pertinent sections of the LUDC (“Final Plat Documents”). Notwithstanding anything to the contrary contained in this SIA, the timing requirements and criteria for substantial completion of the Affordable Housing Units shall be as set forth in paragraph 4 below. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that (1) if all Subdivision Improvements are constructed and installed in accordance with this paragraph 2; (2) the record drawings have been submitted upon completion of the Subdivision Improvements, as detailed in paragraph 3(h), below; and (3) all other requirements of this SIA have been met, then the Owner shall be deemed to have satisfied all terms and conditions of the Preliminary Plan Approval, the Final Plat Documents and the LUDC, with respect to the installation of Subdivision Improvements. 3 3. SECURITY FOR SUBDIVISION IMPROVEMENTS. a. Subdivision Improvements Security and Substitute Collateral. As security for Owner’s obligation to complete the Subdivision Improvements Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat, a form of security deemed adequate by the BOCC and payable to the County, attached to and incorporated in this SIA by reference as Exhibit C (“Security”). The Security shall be in the amount equal to the Cost Estimate. The Security shall be valid for a minimum of six (6) months beyond the Completion Date (the “Expiration Date”). b. Security Requirements and Plat Recording. The Final Plat shall not be recorded until the Security has been received by the County and approved by the BOCC. c. Extension of Expiration Date. If the Completion Date is extended by a written amendment to this SIA, the time period for the validity of the Security shall be similarly extended by the Owner. For each individual extension that is in excess of six (6) months, at the sole option of the BOCC, the cost of completion of the remaining Subdivision Improvements shall be subject to re-certification by Owner's engineer and review by the BOCC. To the extent the cost of completion of the Subdivision Improvements, plus an additional ten percent (10%) of such cost for contingencies, differs from the face amount of the remaining Security, the amount of such Security shall be adjusted upwards or downwards, as appropriate. d. Unenforceable Security. Should the Security expire or become void or unenforceable for any reason prior to the BOCC's approval of Owner's engineer's certification of completion of the Subdivision Improvements or, with regard to the Affordable Housing Units, prior to the issuance of a certificate of occupancy for the last Affordable Housing Unit required per this SIA, including bankruptcy of the Owner or the financial institution issuing or confirming the Security, this SIA shall be voidable by action of the BOCC and, upon such action, this SIA shall be of no further force and effect and the Final Plat shall be vacated pursuant to the terms of this SIA. e. Partial Releases of Security. Owner may request partial releases of the Security, and shall do so by means of submission to the Community Development Department of a “Written Request for Partial Release of Security,” in the form attached to and incorporated by this reference as Exhibit D, accompanied by the Owner's engineer's stamped certificate of partial completion of improvements. The Owner's engineer's seal shall certify that the Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the applicable provisions of the Preliminary Plan. The BOCC shall authorize successive releases of portions of the face amount of the Security as portions of the Subdivision Improvements are certified as complete in the manner set forth in this subparagraph 3.e and to the satisfaction of the BOCC. Notwithstanding anything to the contrary contained in this SIA, including, without limitation, the BOCC's rights of investigation established by this paragraph 3, upon the issuance of a certificate of occupancy for any Affordable Housing Unit required to be constructed on a lot identified on the Final Plat, the County shall, within ten (10) business days of receipt of Owner's Written Request for Partial 4 Release of Security, release the Security attributable to such Affordable Housing Unit, including the ten percent (10%) contingency amount attributable thereto. f. BOCC's Investigation. Notwithstanding the foregoing, upon submission of the Owner's Written Request for Partial Release of Security, along with Owner's engineer's certificate of partial completion of improvements, the BOCC may review the certification and the Preliminary Plan, and may inspect and review the Subdivision Improvements certified as complete to determine whether or not they have been constructed in compliance with relevant specifications, as follows: i. If no letter of potential deficiency or determination that applicable requirements of the Preliminary Plan have not been satisfied is furnished to Owner by the BOCC within fifteen (15) business days of submission of Owner's Written Request for Partial Release of Security, accompanied by Owner's engineer's certificate of partial completion of improvements, all Subdivision Improvements certified as complete shall be deemed approved by the BOCC, and the BOCC shall, within ten (10) business days of such improvements being deemed complete, release the appropriate amount of Security. ii. If the BOCC chooses to inspect and determines that all or a portion of the Subdivision Improvements certified as complete are not in compliance with the relevant specifications or that applicable requirements of the Preliminary Plan have not been met, the BOCC shall furnish a letter of potential deficiency to the Owner, within fifteen (15) business days of submission of Owner's Written Request for Partial Release of Security. iii. If a letter of potential deficiency is issued identifying a portion of the certified Subdivision Improvements as potentially deficient and there are no outstanding requirements of the Preliminary Plan that are applicable to the subject improvements, then all Subdivision Improvements not identified as potentially deficient shall be deemed approved by the BOCC, and the BOCC shall authorize release of the amount of Security related to the Subdivision Improvements certified as complete and not identified as potentially deficient. iv. With respect to Subdivision Improvements identified as potentially deficient in a letter of potential deficiency or as not meeting all applicable requirements of the Preliminary Plan, the BOCC shall have fifteen (15) business days from the date of the letter to complete the initial investigation, begun under subparagraph 3.f.ii. above, and provide written confirmation of the deficiency(ies) to the Owner. v. If the BOCC finds that the Subdivision Improvements are complete and in compliance with the relevant specifications and that all applicable requirements of the Preliminary Plan have been met, then the appropriate amount of Security shall be released within ten (10) business days after completion of such investigation. 5 g. BOCC Completion of Improvements and Other Remedies. If the BOCC finds, within the fifteen (15) day period of time defined in subparagraph 3.f.iv. above, that the Subdivision Improvements are not complete, or if the BOCC determines that the Owner will not or cannot construct any or all of the Subdivision Improvements (whether or not Owner has submitted a written request for release of Security), or that applicable requirements of the Preliminary Plan will not or cannot be met, the BOCC may withdraw and employ from the Security such funds as may be necessary to construct the Subdivision Improvements in accordance with the specifications or to satisfy the Preliminary Plan requirements applicable to the Subdivision, up to the remaining face amount of the Security. In such event, the BOCC shall make a written finding regarding Owner's failure to comply with this SIA or applicable requirements of the Preliminary Plan prior to requesting payment from the Security, in accordance with the provisions of Section 13-106 of the LUDC. In lieu of or in addition to drawing on the Security, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA regarding the Subdivision Improvements and satisfaction of requirements of the Preliminary Plan applicable to this Subdivision. h. Final Release of Security. Upon completion of all Subdivision Improvements and requirements of the Preliminary Plan applicable to the Subdivision, Owner shall submit to the BOCC, through the Community Development Department: 1) record drawings bearing the stamp of Owner's engineer certifying that all Subdivision Improvements, including off-site improvements within the jurisdiction of the County, have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and applicable requirements of the Preliminary Plan, in hard copy and digital format acceptable to the BOCC; 2) copies of instruments conveying real property and other interests which Owner is obligated to convey to the property owners association of the Subdivision (the “POA”) or any statutory special district or other entity; and 3) a Written Request for Final Release of Security, in the form attached to and incorporated herein as Exhibit E, along with Owner's engineer's stamp and certificate of final completion of the Subdivision Improvements. Upon receipt of the foregoing, the BOCC shall take the following action: i. The BOCC shall authorize a final release of the Security after the Subdivision Improvements are certified as final to the BOCC by the Owner's engineer and said final certification is approved by the BOCC. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, and that all requirements of the Preliminary Plan applicable to the Subdivision have been satisfied, the BOCC shall release the final amount of the Security within ten (10) business days following submission of the Owner's Written Request for Final Release of Security accompanied by the other documents required by this paragraph 3.h. ii. Notwithstanding the foregoing, upon Owner's Written Request for Final Release of Security, accompanied by Owner's engineer's certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the 6 process contained in paragraph 3.f. above, shall be followed. If, following such inspection, the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, and that all requirements of the Preliminary Plan applicable to the Subdivision have been satisfied, the BOCC shall release the final amount of the Security within ten (10) days after completion of such investigation. iii. If, following the inspection contained in paragraph 3.f, the BOCC finds that the Subdivision Improvements are not complete, in accordance with the relevant specifications, and/or that requirements of the Preliminary Plan applicable to the Subdivision have not been satisfied, the BOCC may complete the remaining Subdivision Improvements and satisfy the applicable requirements of the Preliminary Plan, or institute court action in accordance with the process outlined in paragraph 3.g. above; provided, however, that such action may only be taken by the BOCC if the BOCC determines in its reasonable discretion that the subject Subdivision Improvements will not or cannot be satisfactorily completed on or before the Completion Date and, provided further, that the BOCC shall provide Owner a reasonable opportunity to cure (as provided in paragraph 12 below) any identified deficiency(ies) or violations prior to initiating any of the self-help remedies described herein, including, without limitation, commencing work on the Subdivision Improvements, requesting payment from the Security, initiating the forfeiture proceedings set forth in Section 13-106 of the LUDC, or filing a civil action. 4. AFFORDABLE HOUSING. In accordance with the requirements of Article 8 of the LUDC and the PUD approval, Owner has agreed to provide six (6) deed-restricted affordable for-sale housing (“Affordable Housing Units”) either within the Subdivision or offsite as part of the Project as specifically provided in the affordable housing agreement attached hereto as Exhibit F (the “Affordable Housing Agreement”). As provided in the Affordable Housing Agreement, Owner shall not be required to construct any individual Affordable Housing Unit(s) until a buyer for such Affordable Housing Unit has been qualified by the Garfield County Housing Authority (“GCHA”) in accordance with the Affordable Housing Agreement. Pursuant to the Affordable Housing Agreement, if Owner defers construction of the Affordable Housing Units, upon Owner's receipt of notice from GCHA that a buyer has been qualified to purchase an Affordable Housing Unit (the “Purchase Notice”), Owner shall promptly commence construction of an Affordable Housing Unit and shall deliver a completed Affordable Housing Unit to the qualified buyer on or before one-hundred and twenty (120) days from Owner's receipt of the Purchase Notice; provided, however, that if Owner receives a Purchase Notice on or between October 15th and April 1st of any year, Owner shall be required to deliver a completed Affordable Housing Unit to the purchaser on or before the next-occurring August 1. As provided in subparagraph 3.e above, upon the issuance of a certificate of occupancy for any Affordable Housing Unit required to be constructed on a lot identified on the Final Plat, the County shall, within ten (10) business days of receipt of Owner's Written Request for Partial Release of Security, release the Security attributable to such Affordable Housing Unit, including the ten percent (10%) contingency amount attributable thereto. In the event Owner completes construction of, and receives certificates of occupancy for, all of the market rate units within the 7 Final Plat prior to completion of construction of the Affordable Housing Units required to be constructed as part of such Final Plat, the BOCC may, but shall not be required to, withdraw and employ from the Security such funds as may be necessary to construct the Affordable Units in accordance with the requirements of this SIA and the Affordable Housing Agreement, up to the remaining face amount of the Security. 5. WATER SUPPLY AND WASTEWATER COLLECTION. As stated in paragraph 16, below, prior to issuance by the BOCC of any certificates of occupancy for any residences or other habitable structures constructed within the Subdivision, Owner shall install, connect and make operable a water supply and distribution system for potable water, non-potable irrigation water and a wastewater/sewer collection system in accordance with approved plans and specifications. All easements and rights-of-way necessary for installation, operation, service and maintenance of such water supply and distribution system(s) and wastewater collection system shall be as shown on the Final Plat. Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the water and wastewater system(s), for recordation following recording of the Final Plat and this SIA. All facilities and equipment contained within the water supply and wastewater collection system(s) shall be transferred by Owner to the Special District(s) by bill of sale. If a third party water or sewer service entity requires warranty of the system(s), Owner shall provide proof to the BOCC that such warranty is in effect and, if necessary, has been assigned. 6. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner to the public as public rights-of-way and shall be accepted by the BOCC, on behalf of the public, on the face of the Final Plat. The POA shall be solely responsible for the maintenance, repair and upkeep of said rights-of-way, including the traveled surface of the roadways and portions of the rights-of-way outside of the traveled surface. The BOCC shall not be obligated to maintain any road rights-of-way within the Subdivision. 7. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain rights- of-way for installation and maintenance of utilities. Public utility easements shall be dedicated by the Owner to the public utilities on the face of the Final Plat, subject to the Garfield County Road and Right-of-Way Use Regulations, recorded as Reception No. 643477, in the records of the Garfield County Clerk and Recorder, as amended. The POA shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements dedicated on the face of the Final Plat by separate document, Owner shall execute and record the required conveyance documents. 8. CONVEYANCE OF OPEN SPACE. The common open space parcel(s) identified on the Final Plat shall be conveyed by Owner to the POA at the time of Final Plat Approval or as agreed to between the owner and the POA. Owner shall deposit with the Garfield County Clerk and Recorder executed original(s) of the instrument(s) of conveyance for recordation following recording of the Final Plat and this SIA. 8 If not conveyed at the time of recording of the Final Plat, Owner shall execute and deliver into escrow document(s) conveying the common open space parcel(s), easement(s), greenbelt(s), park(s), shown on the Final Plat to the POA. The documents shall be deposited pursuant to the escrow agreement, to be executed by the Owner, the BOCC and escrow agent (“Escrow Agreement”), attached to and made a part of this SIA by reference as Exhibit F. Owner shall deliver to the BOCC a copy of the fully executed and recorded Escrow Agreement within a reasonable time following execution of this SIA. The special instructions of the Escrow Agreement shall provide: i. the Escrow Agent shall hold the conveyance documents until the earlier of: a) receipt of a written notice signed only by Owner notifying escrow agent that the work required of the Owner in this SIA has been completed and approved as complete by the BOCC; or b) receipt of a written notice signed only by the BOCC stating that Owner has failed to comply with the terms and conditions of this SIA; or c) the Completion Date for Subdivision Improvements, specified in paragraph 2, above, or as extended in accordance with paragraph 2 of this SIA; and ii. upon the first to occur of the foregoing events, the escrow agent shall cause the conveyance documents to be recorded in the records of the Garfield County Clerk and Recorder. 9. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner’s installation of the Subdivision Improvements and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the BOCC’s rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of governmental immunity granted to the BOCC by Colorado statutes and case law. 10. ROAD IMPACT FEE. Owner has completed as part of Phase I and II of the PUD off-site traffic improvements based on full build out including this Phase III which fully offset and exceed any Road Impact Fees which would otherwise be applicable pursuant to the LUDC. Total completed improvements are $1.9 million, attached as Exhibit H is an engineer’s verification. Attached as Exhibit I are worksheets showing Phase III and full development road impact fees, demonstrating that offsite improvements fully offset all fees. 11. BREACH OR DEFAULT OF OWNER. A “breach” or “default” by Owner under this SIA shall be defined as Owner's failure to fulfill or perform any material obligation of Owner contained in this SIA. In the event of a breach or default by Owner under this SIA, the County shall deliver written notice to Owner of such default, at the address specified in paragraph 21 below, and Owner shall have sixty (60) days from and after receipt of such notice 9 to cure such default. If such default is not of a type that can be cured within such 60-day period and Owner gives written notice to the County within such 60-day period that it is actively and diligently pursuing such cure, Owner shall have a reasonable period of time given the nature of the default following the end of such 60-day period to cure such default, provided that Owner is at all times within such additional time period actively and diligently pursuing such cure. 12. BREACH OR DEFAULT OF COUNTY. A “breach” or “default” by the County under this SIA shall be defined as the County's failure to fulfill or perform any material obligation of the County contained in this SIA. In the event of a breach or default by the County under this SIA, Owner shall have the right to pursue any administrative, legal, or equitable remedy to which it may by entitled. 13. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the Roaring Fork School District RE-1, calculated in accordance with the LUDC and the requirements of state law. The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as follows for the RE-1 School District: Unimproved per acre market value of land, based upon an appraisal submitted to the BOCC by Owner, i.e. $52,551.00; and Land dedication standard: 35 single-family dwelling units x 0.020 acres, equals 0.7 acres. The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, thirty-six thousand seven hundred eighty five dollars and seventy cents (36,785.70) as a payment in lieu of dedication of land to the Roaring Fork School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of §30-28-133, C.R.S., as amended, and the LUDC. The Owner agrees that it is obligated to pay the above-stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat, a reimbursement of the fee in lieu of land dedication to the Roaring Fork School District. 14. FIRE IMPACT FEE. The Fire Impact Fee is $730 per unit. The Owner, therefore, shall pay to the Carbondale Fire Protection District, at or prior to the time of recording of the Final Plat, twenty-five thousand five hundred fifty dollars ($25,550.00). 15. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 16. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the 10 Carbondale Rural Fire Protection District (“District”), if the Fire District has so required, that there is adequate water available to the construction site for the District’s purposes and all applicable District fees have been paid to the District. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements have been completed and are operational as required by this SIA. If applicable, Owner shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially the same form as that attached to and incorporated herein by reference as Exhibit G, concerning the restrictions upon issuance of building permits and certificates of occupancy detailed in this SIA. 17. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. 18. ENFORCEMENT. In addition to any rights provided by Colorado statute, the withholding of building permits and certificates of occupancy, provided for in paragraph 16, above, the provisions for release of Security, detailed in paragraph 3, above, and the provisions for plat vacation, detailed in paragraph 17, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused Security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. 19. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 20. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 21. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: 11 Owner: Blue Heron Properties, LLC Attn: James W. Light or John Young 430 Ironbridge Drive Glenwood Springs, CO 81601 Phone: 970-384-0630 Fax: 970-384-0634 w/copy to: Karl J. Hanlon Karp Neu Hanlon, PC P.O. Box 2030 Glenwood Springs, CO 81602 Phone: 970-945-2261 Fax: 970-945-7336 BOCC: Garfield County Board of County Commissioners Attn: Community Development Director 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 22. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, but only in writing signed by the Parties hereto, as their interests then appear. Any such amendment, including, by way of example, extension of the Completion Date, substitution of the form of security, or approval of a change in the identity of the security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. Before any extension of Completion Date is considered, Owner shall certify that all taxes and assessments on the real property subject to the SIA are paid in full. If such an amendment includes a change in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the BOCC, along with the original security instrument. Notwithstanding the foregoing, the Parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 21, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 23. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 24. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the Parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. 12 BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO _________________________ By: ___________________________ Clerk to the Board Chairman Date: __________________________ BLUE HERON PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY By its Manager, Blue Heron Management, LLC, a Colorado limited liability company By: ______________________________ John B. Young, its Manager and By its Manager, CLM Blue Heron, LLC, a Colorado limited liability company By: ______________________________ James W. Light, its Manager STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2015, by Blue Heron Properties, LLC by its Manager, Blue Heron Management, LLC, by its Manager, John B. Young. WITNESS my hand and official seal. My commission expires: ____________________________ _______________________________ 13 Notary Public STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2015, by Blue Heron Properties, LLC by its Manager, CLM Blue Heron, LLC, by its Manager, James W. Light. WITNESS my hand and official seal. My commission expires: ____________________________ _______________________________ Notary Public 14 Exhibit List Exhibit A – Subdivision Improvement Plans - “Approved for Construction” Exhibit B – Engineer’s Estimate of Cost of Improvements Exhibit C – Security – Cost Estimate Exhibit D – Written Request for Partial Release of Security Form Exhibit E – Written Request for Final Release of Security Form Exhibit F – Escrow Agreement Exhibit G – Notice to lot owner regarding SIA completion Exhibit H – Engineer’s verification of completed improvements Exhibit I – Road Impact Fee Calculation Worksheet Exhibit J – Phase I and II Escrow Agreement recorded at 749679 on 02-02-2008 June 24, 2015 ITEM QUANTITY UNIT UNIT COST COST Grading and Earthwork Earthwork - Unclassified Excavation 30,000 C.Y.$3.50 $105,000.00 Topsoil Stripping, Stockpile and Placement 6,000 C.Y.$5.00 $30,000.00 Drill seed and Hydromulch 12.00 Acre $2,500.00 $30,000.00 Erosion and Sediment Control Blanket; Slopes Steeper than 3:1 3,200 S.Y.$9.50 $30,400.00 3" Asphalt 34,600 S.F.$2.95 $102,070.00 8" Class 6 ABC Under Asphalt, Cross Pans, Curb & Gutter and Walks 930 C.Y.$45.00 $41,850.00 26" Mountable Curb & Gutter 3,000 L.F.$25.00 $75,000.00 Class I Ground Sign (Street, Stop, Speed, Yield)6 Each $300.00 $1,800.00 Asphalt Pedestrian Path 10,400 S.F.$2.00 $20,800.00 $436,920.00 Domestic Water --- pipe price includes trenching and fittings --- 10" D.I.P., Class 52 Water Main 1,230 Each $64.00 $78,720.00 10" Gate Valve 4 L.F.$2,750.00 $11,000.00 10" End Cap 1 Each $500.00 $500.00 Fire Hydrant Assembly w/ 6" Gate Valve 2 Each $6,500.00 $13,000.00 1" Water Service w/ Single Meter Pit 20 Each $950.00 $19,000.00 Water/Sewer Crossing Encasement 2 Each $2,200.00 $4,400.00 Water/Storm Sewer Crossing 1 Each $2,200.00 $2,200.00 Connect to Existing 10" Water Stub 1 Each $1,200.00 $1,200.00 $130,020.00 Sewer ---price includes trenching and fittings--- 8" SDR-35 Sewer Pipe 1,400 L.F.$20.00 $28,000.00 4' Dia. Manhole 8 Each $4,800.00 $38,400.00 Connect to Existing Sewer Manhole 1 Each $3,000.00 $3,000.00 4" Sewer Service 22 Each $1,100.00 $24,200.00 $93,600.00 Storm Sewer and Surface Drain System 18" ADS-N12 375 L.F.$35.00 $13,125.00 18" ADS Flared End Section 1 Each $300.00 $300.00 5' Storm Manhole 1 Each $3,600.00 $3,600.00 Single Combination Curb Opening with Grate Inlet 2 Each $3,000.00 $6,000.00 $23,025.00 Shallow Utilities 4' Shallow Utility Trench (Telephone, Cable, Electric, Gas)2,500 L.F.$8.00 $20,000.00 4'' Electric Conduit Installation (conduit furnished by utility)2,500 L.F.$4.50 $11,250.00 2'' Telephone and Cable Conduit and Conduit Installation 2,500 L.F.$3.00 $7,500.00 Gas Service Piping Installation (pipe furnished by utility)2,500 L.F.$4.50 $11,250.00 $50,000.00 Total Installed Infrastructure as of April, 2015. Total Installed Infrastructure Price Estimate $733,565.00 This pricing is based off of proposed Phase III, Filing 1 plans submitted to the County for Approvals. Pricing is based off of 2014 and 2015 pricing from other projects in the valley that are smaller in size. No projects of this scope have been completed as of recently in Garfield County. This is only and estimate. IRONBRIDGE SUBDIVISION - PHASE 3- FILING 1 SUMMARY OF FILING #1 INFRASTRUCTURE COSTS HCE JOB NO: 2141026.00 High Country Engineering, Inc. J:\Projects\214\1026\Excel\CostEst2141026 Ph III - Filing 1 - 6-24-15 1 of 1 An Employee Owned Company 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970.945.8676 phone 970.945.2555 fax www.hceng.com Civil Engineering Land Surveying May 22, 2015 Garfield County Community Development Department c / o K a t h y E a s t l e y 108 8th Street, #401 Glenwood Springs, CO 81601 RE: Offsite Road Improvement Fess Paid To Date – Ironbridge Subdivision Kathy: The Ironbridge Subdivision has completed multiple offsite roadway improvements that benefit the public Right of Way system. These improvements were focuses around the 2001 and 2002 time period and include CR 154/Highway 82 intersection widening, acceleration and decelerations lane additions and a traffic signal installation. Multiple improvements along CR 109 adjacent to the subdivision were also made, including lane widening for the subdivision that created new sections of asphalt roadway, replacing the old asphalt that was wearing and would have required repair by the County. Drainage improvements were also made along CR 109 to allow for the west roadside swale to function properly and transfer water through the new subdivision. Attached is the original, unsigned, contractual agreement for these road improvements to be completed by Gould Construction. This is not an engineer’s estimate of the work, this the actual agreed upon bid amount for the work to be completed. Please feel free to call or email to discuss any question you may have. Sincerely, Matt Langhorst, P.E. High Country Engineering, Inc. County Road 109 / County Road 154 Project No. 2000075.02 A - 1 AGREEMENT THE AGREEMENT, made this day of , 2001, by and between L.B. Rose Ranch, LLC hereinafter called "OWNER" and Gould Construction, Inc. doing business as a corporation hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the construction of the Rose Ranch P.U.D. – County Road 109 / County Road 154 Project 2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence and complete the work required by the CONTRACT DOCUMENTS as stated in the NOTICE TO PROCEED dated 2001, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ 1,933,960.24 . 5. The term "CONTRACT DOCUMENTS" means and includes the following: INVITATION TO BID INSTRUCTIONS TO BIDDERS BID BID BOND AGREEMENT PAYMENT BOND PERFORMANCE BOND NOTICE OF AWARD NOTICE TO PROCEED CHANGE ORDER GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS SPECIFICATIONS prepared by High Country Engineering, Inc. ADDENDA: Those sections applicable to this contract in Addendum Numbers 1-8 DRAWINGS prepared by High Country Engineering, Inc., numbered Sheets 1 through 80. 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. County Road 109 / County Road 154 Project No. 2000075.02 A - 2 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three (3), each of which shall be deemed an original on the date first above written. (SEAL) OWNER: ATTEST: L.B. Rose Ranch, LLC BY Name Name William J. Hatch (Please Type) (Please Type) Title Title Managing Principal Address c/o Gate Capital, LLC 650 Delancy Street San Francisco, CA 94107 Telephone (SEAL) CONTRACTOR: ATTEST: Gould Construction, Inc. BY Name Name Mark Gould (Please Type) (Please Type) Title Title Owner Address P.O. Box 130 Glenwood Springs, CO 81602 Telephone (970) 945-7291 r .... Exhibit I t.me Road Imp act fee Calculation Worksheet -R E BUILD TEST Notes Fillable Fields in Blue 1 Project I Application lronb1 idge Phase 111 Traffic Study Area 9 As identified in Resolution 98-28 Land Use (Number of Total Dwelling Units, Including ADUs) 61 Date Prepared 517/2015 2 Base Road Cost $2,240,000 As identified in Resolution 98-28 3 Road Capacity in ADT 18,433 As identified in Resolution 98-28 4 Road Cost per ADT $121-52 Should match Resolution 98-2 8 s ADT per Land Use 9.57 Based on lTE Manual 6 Base Road Impact fee per Land Use $1,162 .96 TAX CREDITS 7 80% of Annual R&B Property Tax per Land Use $28 .16 Road and Bridge Mill Levy for 2014 is 3.5 8 County Discount Rate 5,00% Rate updated annually by Treasurers Office 9 Road Design Life (Years) 20 10 Present Worth Factor lO 84 County Workbook 11 Property Tax Credit $305.25 Multiply line 7 by Line 10 12 UNADJUSTED ROAD IMPACT FEE $857.70 line 11 subtracted from Line 6 INFLATION ADJUSTMENT 13 Denver-Boulder CPI Year of Cost Estimate 158.l CPI for 1997 14 Denver-Boulder CPI Year of lmE"acl Fee Cale. 235.4 Estimated CPI for 2014 15 Inflation Factor 1.4889 Line 14 divided by Line 13 16 PRE-CONSTRUCTION INFLATION ADJUSTED IMPACT FEE $1,277.06 Multiply line 12 by line 15 Note: Calculation not necessary if construction cost estimate is the same year as the fee is collected POST-CONSTRUCTION COST ADJUSTMENT 17 County Discount Rate 5.00% Rate updated annually by Treasurers Office Note: If the road construction was financed, derive the financed rate from the debt repayment schedule prepared for the financing and substitute the derived rate for the Discount Rate 18 Term (Years since the road was constructed) 17 19 Compound Interest Multiplier 1 County Workbook Note: In the case of debt finaning, enter the imputed multiplier from the debt service schedule prepared for the finance instrument. 20 POST-CONSTRUCTION ADJUSTED IMPACT FEE $857.70 Multiply line 12 by line 19, N/A if Line 18 = 0 TOTAL FEE FOR TOTAL NUMBER OF DWELLING UNITS I $77,900.73 Multiply line 16 by Number of Dwelling Units 1/2 OF FEE TO BE PAID AT FINAL PLAT I SSS,950. 3'& Total Fee divided by 2 IMPACT FEE TO BE COLLECTED WITH EACH BUILDING PERMIT I $638.53 1/2 of Fee divided by Number of Dwelling Units line Road Impact Fee Calculation Worksheet -REBUILD TEST Notes Fillable Fields in Blue 1 Project I Application lronb1idge Phase I , II and Ill Traffic Study Area 9 As identified in Resolution 98-28 Land Use (Number of Total Dwelling Units, Including ADUs) 316 Date Prepared 5/18/2015 2 Base Road Cost $2.240.000 As identified in Resolution 98-28 3 Road Capacity in ADT 18,433 As identified in Resolution 98-28 4 Road Cost per ADT $121 52 Should match Resolution 98-28 5 ADT per Land Use 9.57 Based on ITE Manual 6 Base Road Impact Fee per Land Use $1,162 ,96 TAX CREDITS 7 80% of Annual R&B Property Tax per Land Use $28 16 Road and Bridge Mill Levy for 2014 is 3.5 8 County Di sco unt Rate 5.00% Rate updated annually by Treasurers Office 9 Road Design Life (Years) 20 10 Present Worth Factor 10.84 County Workbook 11 Property Tax Credit $305.25 Multiply Line 7 by Line 10 12 UNADJUSTED ROAD IMPACT FEE $857.70 Li ne 11 subtracted from Line 6 INFLATION ADJUSTMENT 13 Denver-Boulder CPI Year of Cost Estimate 158,l CPI for 1997 14 Denver-Boulder CPI Year of lm~acl Fee Cale. 235.4 Estimated CPI for 2014 15 Inflation Factor 1.4889 Line 14 divided by Line 13 16 PRE-CONSTRUCTION INFLATION ADJUSTED IMPACT FEE $1,277.06 Multiply Line 12 by Line 15 Note: Calculation not necessary if construction cost estima te is the sa me year as the fee is collected POST-CONSTRUCTION COST ADJUSTMENT 17 County Discount Rate S.00% Rate updated annually by Treasurers Office Note: If the road construction was financed, derive the financed rate from the debt repayment schedule prepared for the financing and substitute the derived rate for the Discount Rate 18 Term (Years since the road was constructed) 17 19 Compound Interest Multiplier 1 County Workbook Note: In the case of debt finaning, enter the imputed multiplier from the debt service schedule prepared for the finance instrument. 20 POST-CONSTRUCTION ADJUSTED IMPACT FEE $857.70 Multi ply Line 12 by Line 19, N/A if Line 18 = 0 TOTAL FEE FOR TOTAL NUMBER OF DWELLING UNITS I $403,55,1.32 Multiply Line 16 by Number of Dwelling Units 1/2 OF FEE TO BE PAID AT FINAL PLAT I $201, 775.66 Total Fee divided by 2 IMPACT FEE TO BE COLLECTED WITH EACH BUILDING PERMIT I S638:S3 1/2 of Fee divided by Number of Dwelling Units Ill\ Wii\'4Ri~.~1HH,Ni,,r-w.,~Wi~1 Mil 1\19~ ~1 Y ll 111 Recepti<>n~: 749679 . 06/02/200&06 :e0 :02 PM Jean Alb•rlCO 1 of 5 Rec Feo :$0 .00 Doc Foe :0 .00 GRRFIELD COUNTY CO · Escrow Number. Commitment Number. Closer: ESCROW AGREEMENT Denver, Colorado Dal&: The undersigned <lllpos~ with LAND TITl.E GUARANTEE COMPANY, a Colo!lldo Corpoia1lon , as Escrow Holder (the "Escrow H<ll<le<"), lhe Ite ms set forth In Schedule A, ID be held by Escrow Holder subject to 1he terms of th is E8ClllW AQ<eemenl, the Ge.neral Pro'lisions to the Escrow Agreement and !he Speclal lnstrucllons in Schedule B (collectively, Ille "Escrow Agreement"). 181 All cash deposit!I must be accompanied by a Form W-9 Request for Taicpayer ldenliflcation Number. "SCHEDULE A" (Deposit&) Good Funds In the •mount of One Miiiion, Three Huhdred •nd Fifty Thounnd doHars ($1,350,000.00) "SCHEDULE B" (Special lnstructloos) D Special Instruction No. 1 (Repaln) Attache<I D Special Instruction No. ia (Completion) Alteched D Special lna!nlctlon No . 2 (Lender Completion Instructions) Attached O Special Instruction No. 3 (Indemnity Agr_,,ent. Cash Deposit) Allached D Special lnstrucllon No. 4 (Deposllory lnstnictlons) Attached D Special lns1rucllon No. 5 (F.1.R.P.T.A.) D Special Instruction No. 6 (Resolution of Miscellaneous Issues) 1111 All other (See attached Ellhlblt "!>:') The pallles to lhe Esc:row AgmemenL by their slgnatute below, acknowledgo and agiee that they have rvad, and wlll be bound by the Escrow Agree t, Including lhe Geoenil Prov1$1oos to tho Eaaow Agreement. and the Spei)lal Tr;inllllCllona In SchedUle B. Address: Balcomb & Green P .C. Glenwood Springs, CO 61601 Telephone : (970) 945-6546 Email Ad<hsa: Um@balc0mbgraen.com SSN# or Tax ID# Conlact Person: Tlmothy A Thul!IOn LENDER! Address : Telephone #l. Tax ID# Contact Person (II applicable) Any correspondence regarding this escrow shall be addrvsse<I to: ATTN: ESCROW COORDINATOR Fonn 3560 H dol o.enoos IC~ ----•""e·ld Coun c/o Suidlng end ioe e• s11ee~ See. 401 Glenwood Springs CO 81601 Telephone: (970) 945-8212 EmaM Address: lredjarrnan@garftelek:ounty.com SSN# or Tax ID# Contact PetSon: Fred Jarman ESCROW nr:s TO BE AS FOLLOWS: (a) Sat up lee (b) Annual 188 (c) Miscellaneous I Receipted of the Escrow Deposil and acceptance of the Esaow Agreemenl hereby Acknowledged by ESCROW HOLDER 1111~m~~J1 1MH1Nf1~11~lilW:~~ :1~~ ~1~ ~1 Y 11111 Reception~: 749879 0610212~08 05:00 :02 PM Jean Alberico 2 of 5 Rec Fee:$0.00 Doo Fee:0 00 GARFIELD COUNTY CO 1. NoticK. LAND TITLE GUARAN1EE COMPANY GENERAL PROVISIONS TO THE ESCROW AGREEMENT Initials lnltlals (a) AJ notice• •hall be in writing and sllall be effective wneo &CWely received by the party lo""°"' Ille nolce I• addressed. (b) IVoy Notices delivent<I in lerms ol lhe Escrow Agre.,menl shall be delivered to the addresoee(•) given In lhe Esaow AgnKWTIBnl. (c) Notice may be cleflvered persona!y, by U.S. or privale mall, or courier. (d) A!J an allemellve lo physical dellve<y, any Notice may be delivered in eledronic form by facsimile or by email. (e) NotJcos with origlnal signatures shaM be provided upon request ol any patty. (I) All Nolk:M shall stale oonspk:uoos/y Ille Escrow Number ea 8llown on tile &crow Agreement (g) Any notice lo EllCttlw Holder, atui• be given no lat« 111111 2-4 houtS p!ior to the date and lme lor ad/on by E&eroW Holder. E9crow liolder agreee to 8C1 upon au noticeo given to It, v.tlk:I! are flJl/y approved by el applQpriale partiee an ore nol condlllonod upon eny event olher lhan Eoaow liolde(1 acllons, 001 later lhan 5:00 p.rn. on the bualness day ne>cl lollowlng lhe data upon which S1Jch Notice wst n1celvad. 2 . Ritt.,_ on HOUce. Esaow Holder may cal in reliance upon any llriing or instrvm.nt or signature which Eocrow Holdor, In good faith, believes to be geooine, and may assume lhe volidity and accuracy or IJll'f slalemant or .....,r11on ccnlalnod in such a y,riting or n.trumenl, and may assume flat any person purpofllng lo give any writing. nollce, advice or lnstrucUon in ccnnedloo with lhe provisions h""'°' has bean duly 11Uih00zed so to do. 3. Lowa flalollng to Unclolmod Fundo. All panlM are. horoby advised that unclaimed llinda moy be payable lo lhe Stolt al some lula.111 dale punuant lo u.Wlmod ptt>perly lawo. and should Ewow Holdel pay any 9llCI\ tunda held In the EICl'OW OepotJt. Ellorow Hold or Illa! be released lnom •" Mur. t96ponslbillty ul>der tho aaow .o,g,...,ant and 1111 .. not be liable lo any Pa<1y ao long IS 111ch paymenl waa l!)ade ponuent IO ~l>M law. -4. &ctow 0._11.,,d In-I E......i on Eoct0w ~ff . (a) In the evMt U\111 tho Esavw Oepcslt oonllfata ,,.n1y Oil~ cl mo.iey, lholl during Die potlod Iha E.aow Hokier Is In POl' ... ion ol lhe Eaa:ow Depa&/!. lhe monty wll be de90Slled In on FDIC ln..,.ed lnslltutlon (lllO 'lnsll1Ullon1. Depoolto o(lon lheJI $15.000,00111111 not -lnltrest. Dnposlt• of St5,000,00 lo $100,000.00 shall bar lnlornl Ill Ile,... paJd by 11101,,.liwlion . Depootts"' s100.ooo.oo or mare fnltf bed"9cle<f by the ,,....ieo henno to olher ll'P9• of~. Oil the i:saow-. moy ~welt tho Eaorow o.pGMI In RtpUftblae /qoomMl8 lo< U.S. TreoatH)' obllgalions or o/Mr Fedllflll llll'f1cy lo9Ued oocurlfeo . (b) Ewow liolder atuil not be _...,Ible f« mMmtzinp lhe yloid on Iha Escrow Depoail. Under no cil'CLll111anc8s shall Escrow Holder be '•bl• fQ" IOS.I ol fl.rid• M lo banlc orolho< inslitvtion [e;bw, including employees Oil agonla lholeol, SUfpellliOn c>t cessation ot buolne ... or any adiGn or Inaction on the port d the baOt or other inatltlAlon, or any delMlfy service 1ransportlog lunds to ond from the lntUlulon. (c) Al parties hereto 11111111 OMQl\<I and do1ive< ro Ellcrow tioldtf al lonnt "'<!Uired by lederal, state or oth• gcwnmmenlal agencies n!lallve lo laxalion rntl1ol'I and EICn)W Holder..ill me appro~e 1099 ot other lonnB. 5. f-and &pen ... of Eocrow ltolcleor. (•) n.. EaCtO* -sllall be .,Wod IO !9fnill<lf1tmen1 In ful, or moy d<lmand payment In edvance, lot ell ooat1, eiipenlft, """Vot. -or -pa)'ll*lta macle or to 11e l1Ulde by &aow liold•r In U. perbmencll O( EICl'OW Holdot'I duties an(! QWg•ll011' under tha Escrow lq9emem. (b) n.. par1jas to lhe E.t<r1'W ~nt.,. )Oolnt!y and -lly liable lor111e poyrnen1toEMtowHolderol1111 lees and _. •. bcmw lioldet 11 ht<eby ~ and dlteaed to dlaburn to lla<lil In paymenc crlHt., .._,..,.from llr'/ flJnds In 1he Escrow Depollt "'*'1ar '""" prlndpol or ln.ereAI Oil bclh, al fir'/ limo , and rnxn limo to !One, as lie ..,...mayDl-anGo.lng. (c) E.Krow-11 h...Oy authollz.od to ..tlhhokl "'t'f roes Dle-trom atrt chbunemenl or disl111l<Jllon cl &crow Oeposli ID 111Y Pll!1y lwelo or to the Clod< of .. Court upon nt~. (d) In the o119!1l llW the Eoc.-Dopoeil sl\lllt cantl.11 ol documanll only Md nol !undt, Elc:rvw liDld« moy """"" to dl1tri~o 11ny 1..ctl documenil ot to o-.e act Ulldrlrltis >Qraemonl unlll II~ by u~ -and .. >i>_ havo been paid In IUll. 8. No...iloblllly of &crow H-.. (a) Eacnow Hol<ler IMll not DI I-fat ooy misulket of fact, or"""' of judgrMnl ot lot llr'/ acts or omlallont ol •"f Wiid _, cetlMCI b)l lhe wldUI mlltondLICI or gtOll noglgence of i:.aow Hold«. (b) Esaow-lhall •olbo &able fotenyta>:t1.-..m11t11Sc>t-~181 CllarpN..nlcnmaybelevie<IDl ..-upon the e-ow o.i1111 "'atT'/ pa11 llereol', or_, Ille /nooo10 lhe<etom . (c) Ea..-lioldtr may nliy upon Ile ecMce ol eo<1noel ...i Uj)Qrl 1t.i.monto ol acoounlanll, ""*-9 ot-peraOllt rusonobly believed by H In good loitl IO be -'In lhO mauen upon Vltllc:h lhay •• ~. ond for .,Y raasonallle action lakon or auflored In good foilll beHd upon IUCll ecMce or 1tai.m1n1s. 7. Indemnity or Escrow Holder. Tiie parti6& here1o, Jolnlly and se-.1/y, eg"'8 lo: I) Indemnify Escrow Holder and hold it harmle" as lo any labllty by ll lncum>d by the Escrow Holder to any other peroon or peD0r10 by reason ol lhis Escrow Ag'""'""'· or In ccnnection herew41h '""""Pt lor Elcrow Holder'a _, wOlllA mlooonckH:t or Of'O" noglig....:e. end I) """1burW esaow Hold« lat d 11$ -"• includlng, but not necesurily llnllled to etlOmeyl· fees •nd aiurt coota lnwm>d in mnnncllon herewilll. 8. Dilputn -lr*rpltadw. (•) ill Ille 11\'ont ol &"f dlJpUlll ""'-'the Piffles ao to o11har law ot lact, or in the """"t any or 11\e P..Vn ~foil for arry reason, IO lully '**"' .,,d ecqy~ 1he EWO* lioldar In W!liog, Eoaow liolder may refuao , In Ila dlsctellon, to cany out said ncivw lnall\ICllons Oil lo ddl.-"">' llindt , documenlS, ot Pftll>llrly Jn /Is hands to ~ end In ao doirlg shal nol beccm• ~able lo demand. (b) Escrow liolder shall be enutled to c:ootinuo, withoul Hablltty, to refreln and refute lo ar;t: I) until al lhe rlghla of the ad""11e olalmanta ho"" been nnelly lldjudiceled by• -ri having jtJri>dlction over th• Parlies and lhe Items efflciad hereby, after wllich lime lhe Escrow Holder 1hall be enlitled ID act In oonlormlty with •ueh od)udlallon: ot H) ...,.;! 1_1 dilfe,...._,, ""'"nave been adjuoted by agre&mant and E1crow Holder sllafl hava beetl nollfiod 111.....af and allal haw beon dlrwctocl in ...ntlng algned jointly or in c:ounletpart by lhe Partleo and al persons maldllg adverse dalm& or demand•, at wlllc:h tima Escrow liolder ah81 be prolocied in acting In compDIWlee therawllh. (c) Escrow Holder also has lhe ri!1>1 lo inte<plead into a c:ou~ of oompotonl jurisdieliOn at the e.pense al the Parties. 9. 119quHI lor Wrtlten lnllnro:tloM. (e) Esaow Hokl6r may at any lima, and from lime to lime, 111quea1 tile pertias IO provide Wlttlen lnsbuctloris ccncemlng Ifie propriety ol a-""' peymenl ol funds on deposil, dlstri>ullon of documents, or other action OI retusal to od by Escrow Holder. (b) Should Ille par1>K tal l 10 prov!~ such wrl/ttln insiNC1lonl wflhln a 1111sonabl• ime. Escrow l1older may lallo sudl ecttoo , ., re/use IO let. •• n may daef1I rrppn>pr!Jtt and ihd not be labl9 to enyono lat ••ch-ecUon or ralu!lal 10 act. (c) N~ lhe fotDgotng , should"""""" ot .the &=w Agmemont !Ni ~WJIJ!. n IN )uOQmont cl E.sotaw Holder, then lhe E""""" Hold er mo y dlsl>un;o any lund&, dlst.1bu l• documot11s , or l ake suc:ll octlon v.ltlloul gpoc:/k further written in&lruciions lnxn any J>arty. Form J5eo H.dol 0412005 P•ge 2 Gt 3 1111 W-m\~J1MH1N~1~1~1fJtl'!Fa 1 rr\tlil-U ~1 ~ 11111 Receptjontt: 749679 0610212008 05:00:02 PM Jaan Alberico 3 of 5 Rec Fee:S0.00 Doc Fee:0.C0 GARFIELD COUNTY CO 10. RHlgnotlon of Eoicrow Holder. (o) Escrow Holder moy resign under lhis Agr9001enl by giving written no"ce lo al o! lhe parties hetelo, effective 30 days .nor u-.. d.lle d uKI ootke. (b) Upon lho eppolmmeol trt Ille partlo• o! •MW 6ocrow h<ilclor"' aiolodl:>n,"' upon written lrostruclk>n I<>....,,_ Holder lor olh..-dlsposillon ol lhe e-0opoB11. Eocrow Holclt< oh•I, allef tel"'1lkln ol 111 "°"""" naowf .... and ·~•. W ""Y· ahol clolM>r llWI Eoo-ow poposil ....,hln 1 reaoonablt perlocl ol !!me iu &0 dl<Ktld. and <hall be 1811evad of OifYf and all Nablllty here\Jnder adslng !hereafter. 11. Benoflt. All righlll and pJOlection• afforded to Escrow Holder in lenns of lhe EscJOw Agrwemenl shall Inure lo. and for lhe benefi1 al , lb underwriter. N used In Ille Escrow Agreemenl, the lerm "Eocmw Holder: shall Include lb underwritar, and !heir reopectlve agenls and 19presen1a11ve. 12. Applicable Low. This Agreement •hall be gowmed by Iha la-.... or lhe Stale ol Colorado. 13. Cou~OClllmllo . Tllo E.oaow Ag18..,,lnl maybe Oltooo!od In any number ol °"""lorpllf!S, eacll ol ""lch """"1 oo execuiod lllal conolilule lhe enti'e agteernefll bo"""9n Ille potti&I horelO Wld m.,Y bo eimculod In fecs'"111• and 1ueh rx.,n11o slgno\Jie llh8JI be eta1plld •• origlnftl tlgnnlureo. The portico edo!CJW!edfle and agree ll\11 U-e""' no hilendod "' "nloloncjtd flit<! porty b<>nonoan .. wr.o may rely upon"' boll8lil rrom '"" pro111""'1a oflhi• agr""'•nt. Forn1 l~eo u dot 04J2005 ll\IMl\~l'~1MJL~.r-r,.~,!wfl~M~1W ~~1 Y 11111 Recept i ontt : 749679 . 0610212 009 05 •0ll ·02 P" Jean Alber i co 4 of 5 Rec fee :SO 00 Doc Fee:0 .00 GARFIELD COUNTY co This Escrow Agreement is entered into by and between LB Rose Ranch LLC ("Rose Ranch") and the Board of County Commissioners for Garfield County, Colorado ("BOCC") and Escrow Holder for the purpose of securing the completion of construction of deed restricted affordable housing units ("Affordable Units"), as defined under Section 4.14 of the Garfield County Zoning Resolution of 1978, as amended, within honbridge Planned Unit Development, Phase II and Phase III, all in accordance with BOCC Resolution No. 2004-20 ("PUD Approval"), which provides in relevant part: In order to ensure that affordable dwelling units are made available for sale in a manner corresponding to the development of non-restricted lots within the first subdivision phase and all subsequent phases of the Ironbridge PUD, Applicant shall be required at all times and until construction of the entire 30 affordable dwelling units is complete, to have constructed and sold or constructed and [sic] available for sale, affordable dwelling units in a number equal to 100/o of the total number of unrestricted units which have at that time been sold or made available for sale 1• If at any time, this percentage falls below that required I 0%, Applicant shall be required for each such deficient affordable dwelling unit, to place $150,000 into an escrow account in favor of the Board or to provide such other security in lieu thereof as may be acceptable to the Board, which funds or security the Board will then apply toward the construction of the affordable dwelling unit. In accordance with the above, Escrow Holder is instructed to disburse the funds deposited herein under Schedule A ("Escrow Deposit")2, as follows : To Rose Ranch Escrow Holder shall disburse the sum of$37,500.00 to Rose Ranch upon Escrow Holder's receipt of written confirmation that as to each Affordable Unit the following stage of construction inspection has been satisfactorily completed: I. Footing and Foundation Wall; 2 . Plumbing, Chimney and Vent and gas piping; 3 . Framing and Insulation and Drywall; 4 . Certificate of Occupancy (Temporary or Final) Said swn shall be disbursed for each such Affordable Unit at the completion of each identified stage of construction inspection hereinabove identified. Written confirmation shall be made utilizing the standard construction inspection process under the current 1 At its meeting of November 13, 2ml, the BOCC by motion clarified the meaning of the phrase, "wtrestricted units which at that time have been sold or made available for sale" to mean unrestricted units for which certificates of occupancy have been issued. At this meeting, BOCC also by motion and with the agreement of Rose Ranch required that restricted units equaling the then required 10% of unrestricted units, as above defined, be made available for sale by December 31, 2008. 2 The present Schedule A Deposits were computed on the basis of the total unresbided lots for which Certificates of Occupancy had been issued on December 31, 2007. In accordance with the above ci led portion of the PUD approval, additional funds may be deposited into the Schedule A Deposits by Rose Ranch which additional funds shall be disbursed in accordance with the provisions herein set forth. Exhibit A to Escrow Agreement Page 1 Exhibit A 1111 rtr. ~''~1NIL~.~ .Hr.~f,r-A'Ni'.IM~·~ 11111 Reception#; 749679 06/02/2008 05:00:02 PM Jean Rlberico 5 or 5 Rec Fee:$0 .00 Doc Fee :0.00 GARFIELD COUNTY CO Garfield County Building Code employed by the Garfield County Building Department and shall be signed by the Garfield County Planning Director or his or her designee. All interest on the Escrow Deposit accrued during the tenn of this Escrow Agreement shall be disbursed to Rose Ranch upon confmnation of completion of the last required Affordable Unit. The procedures set forth hereinabove are intended to govern the manner in which the Escrow Deposit are disbursed to Rose Ranch and shall not affect in any respect the manner or conduct of inspections to be performed by the Office of the Garfield County Building Inspector. TotbeBOCC Escrow Holder shall disburse the balance of the Escrow Deposit, together with all accrued interest, to the BOCC upon Escrow Holder's receipt of a duly approved written resolution of the BOCC confinning that the BOCC has detennined Rose Ranch to be in default under the PUD Approval. Such determination shall be made at a duly noticed public meeting for which Rose Ranch has been provided two weeks advanced written notice. Rose Ranch hereby waives any and all claims against the BOCC, its officers, employees, agents and contractors on account of each of their good faith perfonnance of their obligations under this Escrow Agreement. Rose Ranch shall defend, indemnify and hold hannless the BOCC, its officers, employees, agents and contractors from and against any claim made on account of this Escrow Agreement Exhibit A lo Escrow Agreement Page2 Q:IR\11 ... Ranch\DEVELOPMENnl'b... IIMlroubblo Holl£ing\Exhibil A 10 Es<row A_.,... 2-IJ.(MI Clean.doc Leslie T. Gray Real Estate Appraisal & Consulting 1476 Main Street, Carbondale, Colorado 81623 (970) 704-9890 Appraisal of: Blue Heron Properties LLC Property River Bend Way Future Development Phase III, Ironbridge Planned Unit Development, Phase 1 Garfield County, Colorado Made For: Blue Heron Properties, LLC 430 Ironbridge Drive Glenwood Springs, Colorado 81601 As of: April 20, 2015 Leslie T. Gray Real Estate Appraisal & Consulting April 30, 2015 Blue Heron Properties, LLC 430 Ironbridge Drive Glenwood Springs, Colorado 81601 Attention: Jim Light Re: Appraisal of Blue Heron Properties LLC Property Ironbridge PUD, Phase 1, Future Filing III County of Garfield, State of Colorado Dear Mr. Light: At your request, I appraised the hypothetical market value of the fee simple estate interest in residential development land located in the southeastern portion of unincorporated Garfield County between Glenwood Springs and Carbondale, Colorado. The subject property consists of 45.289 acres of land with incomplete infrastructure located along the Roaring Fork River and both sides of River Bend Way. It is part of Ironbridge Planned Unit Development (PUD) and has entitlements for development of 61 single-family residential sites. The hypothetical nature of the appraisal relates to the assumption that: 1. The property consisted of unimproved (raw) land lacking infrastructure, and; 2. all conditions required to file the final plat had been satisfied by the April 20, 2015 valuation date. In reality, there are existing streets and utility lines on the site and a few additional steps are required before the final plat can be recorded. The user of this appraisal is advised that the property’s as-is value is likely different, and possibly materially so. It is my understanding the appraisal will be used as evidence of value for calculating the School Land Dedication Fee payable to Garfield County. The appraisal and attached report were made in conformance with the 2014-15 version of the Uniform Standards of Professional Appraisal Practice (USPAP) published by the Appraisal Standards Board of the Appraisal Foundation, and our April 9, 2015 engagement letter. 1476 Main Street (970) 704-9890 Carbondale, Colorado 81623 lestgray@gmail.com Leslie T. Gray Blue Heron Properties, LLC April 30, 2015 Page ii I personally inspected the subject property, collected and analyzed all factual data, and made a conclusion of value under the stated assumptions. The following Appraisal Report sets forth the property identification and description; appraisal assumptions and limiting conditions; the definition of market value and the property interest appraised; a description of the scope of work performed; pertinent facts about the area and local real estate markets; comparable data; the results of my investigation and analyses; and reasoning leading to my conclusions of highest and best use and market value. After a thorough analysis of pertinent facts and data, I concluded that as of April 20, 2015 and assuming it consisted of raw land with entitlements, the market value of the fee simple estate interest in the subject property is: TWO MILLION THREE HUNDRED EIGHTY THOUSAND DOLLARS ($2,380,000) The value conclusion is made subject to my certification and the general and specific assumptions and limiting conditions presented on pages 1 through 3 of the attached 58-page report. It reflects the assumption that all conditions required to record the final plat for the subject’s 61 approved sites had been satisfied as of the valuation date and does not consider the value of partial infrastructure now in place. The user of this report is advised that the property’s as-is value is likely different. Please contact me with any questions. Thank you for the opportunity to be of service. Respectfully submitted, Digitally signed by Leslie T. Gray DN: cn=Leslie T. Gray, o=Appraisal/Consulting, ou, email=lestgray@gmail.com, c=US Date: 2015.04.30 11:10:43 -06'00' Leslie T. Gray Certified General Appraiser Colorado License No. CG1315525; Expires December 31, 2017 Table of Contents General Underlying Assumptions and Limiting Conditions ............................................................................................. 1 Specific Assumption. ......................................................................................................................................................3 Summary of Facts and Conclusions ...............................................................................................................................4 Subject Photographs ......................................................................................................................................................5 Identification of the Property ........................................................................................................................................... 9 Assignment Conditions...................................................................................................................................................9 Objective. .........................................................................................................................................................9 Effective Date/Perspective. .............................................................................................................................. 9 Property Interest Definition. ............................................................................................................................. 9 Definition of Market Value. ............................................................................................................................... 9 Client and Intended Use of the Appraisal. ...................................................................................................... 10 Scope of the Appraisal. .................................................................................................................................. 10 Location Description. .................................................................................................................................................... 13 Area. .............................................................................................................................................................. 13 Neighborhood. ............................................................................................................................................... 20 Property Description. .................................................................................................................................................... 24 Owner of Record and Sales History ............................................................................................................................. 27 Assessments and Taxes .............................................................................................................................................. 27 Zoning. ......................................................................................................................................................................... 27 Highest and Best Use................................................................................................................................................... 28 Appraisal Process. ....................................................................................................................................................... 29 Sales Comparison Approach........................................................................................................................................ 30 Price Per Acre Analysis ................................................................................................................................. 32 Value as a Percentage of Retail Sales ........................................................................................................... 34 Summary and Final Value Conclusion. ........................................................................................................................ 43 Certification. ................................................................................................................................................................. 44 Addenda. ...................................................................................................................................................................... 45 Plat................................................................................................................................................................. 46 Zoning. ........................................................................................................................................................... 49 Infrastructure Cost Estimate........................................................................................................................... 54 Qualifications ................................................................................................................................................. 56 Appraiser’s License........................................................................................................................................ 58 iii General Underlying Assumptions and Limiting Conditions 1. It is assumed that the legal description as obtained from public records, or provided by others, is correct. No responsibility is assumed for matters legal in nature, and title to the property is assumed to be good and marketable unless otherwise stated. 2. The information furnished by others is believed to be reliable, but the author assumes no responsibility for its accuracy. Responsible ownership and competent property management are assumed. 3. Unless otherwise stated, the property is assumed to be free and clear of any or all detrimental liens, encumbrances, easements, encroachments, or environmental violations/hazards. The author makes no representation as to the conformance of existing or proposed improvements to applicable zoning or building codes. 4. The plot plans, sketches, and exhibits in this report are included only to assist the reader in visualizing the property. The author has made no engineering survey of the property; all engineering is assumed to be correct. 5. It is assumed that all applicable zoning and use regulations and restrictions have been complied with unless a nonconformity has been stated, defined, and considered in this appraisal report. 6. It is assumed that all required licenses, certificates of occupancy or other legislative or administrative authority from any local, state, or national governmental, or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report are based. 7. The integrity of the site is assumed to be adequate to support any described improvements. It is assumed that there are no toxic or otherwise hazardous materials within the site or the improvements that would reduce utility, development potential, marketability, or value. All improvements are assumed to be structurally sound unless otherwise noted. 8. Possession of this report or a copy thereof does not carry with it the right of publication. This report is intended for the sole and exclusive use of the client and intended users as identified herein. This report may not be used for any purpose by any third party without the express written consent of the appraiser, and then only with proper qualification. 9. Disclosure of the contents of this report is governed by the By-Laws and Regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the author(s), or any reference to the Appraisal Institute) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the author. All appraisals are subject to review by the Appraisal Institute upon request. 10. The author herein, by reason of this appraisal, is not required to give future consultation, testimony, or be in attendance in Court with reference to the property in question unless arrangements have been made prior to the preparation of this report. Future Filing III, Ironbridge Phase 1 Page 1 Blue Heron Properties, LLC General Underlying Assumptions and Limiting Conditions (cont’d) 11. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate valuations for land and buildings must not be used in conjunction with any other appraisal, and are invalid if so used. 12. Unless otherwise stated, personal property and/or intangible assets are not included in the value estimate set forth in this appraisal report. 13. Many types of appraisal analysis require the formulation of financial projections. The achievement of any such projections will be affected by fluctuating economic conditions and is dependent upon the occurrence of other future events that cannot be assured. As a result, actual events may well vary from projections, and such variations may be material. 14. Except as discussed in this report, the author takes no responsibility for, and reaches no final conclusions regarding, indirect costs of a project based on political processes, including planning and other government functions, whereby changes in standards of construction, density, etc. can occur; indirect charges for highways, education, or other items that can be charged to a project; or various moratoria that can delay a project. Governmental processes can change suddenly and substantially affect costs and values, and users of this report are cautioned to make their own inquiry and apply their own judgement regarding these matters, as applicable. 15. The author professes no expertise in law, macroeconomics, or any field of specialization other than real estate appraisal, and based all considerations of the future (such as inflation rates, vacancy factors, absorption rates, etc.) upon reasonable analysis of data and opinions of others, to derive usable opinions only for the purpose of customary appraisal analyses. The author assumes no responsibility for predicting actual events. 16. This appraisal report and the value stated herein shall not be used or relied upon in any of the matters pertaining to any syndication nor any State or Federal Securities and Exchange Commission registrations. 17. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the subject property and that there is no encroachment or trespass unless otherwise stated in this report. 18. The appraiser is not qualified to detect hazardous waste and/or toxic materials, including fungi or microbes commonly known as mold. Any comment by the appraiser that might suggest the possibility of the presence of such substances should not be taken as confirmation of the presence of hazardous waste and/or toxic materials. Such determination would require investigation by a qualified expert in the field of environmental assessment. The presence of substances such as asbestos, urea- formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The appraiser’s value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value unless otherwise stated in this report. No responsibility is assumed for any environmental conditions, or for any expertise or engineering knowledge required to discover them. The appraiser’s Future Filing III, Ironbridge Phase 1 Page 2 Blue Heron Properties, LLC General Underlying Assumptions and Limiting Conditions (cont’d) descriptions and resulting comments are the result of routine observations made during the appraisal process. 19. Unless otherwise stated in this report, the subject property is appraised without a specific compliance survey having been conducted to determine if the property complies with the requirements of the Americans With Disabilities Act (ADA). The presence of architectural and communications barriers that are structural in nature that would restrict access by disabled individuals may adversely affect the property’s value, marketability, or utility. 20. The value estimate set forth herein relies in part upon data provided by the client, client's representatives, owner, owner's representatives, professional consultants, and/or other available sources. It is the responsibility of the client to carefully read the appraisal report, and advise the author of any errors or omissions of which the client is aware, prior to using the report or making it available to any third party. Specific Assumption The assignment objective is to estimate the market value of the fee simple estate interest in the property subject to standards relating to the calculation of School Land Dedication Fees as described in Garfield County’s Land Use Code, which uses the term “unimproved market value of the property just prior to the approval of a Final Plat.” For purposes of this appraisal, I have termed these conditions “raw land with entitlements.” The conclusion of value presented herein assumes that: 1. The subject property consisted of raw, unimproved land as of the valuation date, and; 2. All conditions required to record the final plat were satisfied as of the valuation date. This differs from the actual state of the property in that there are existing streets and utility lines on the property and additional steps will need to be taken before the final plat can be recorded. The Uniform Standards of Professional Appraisal Practice require me to disclose that these assumptions impact the value conclusion, possibly materially. As-is value is likely different. Future Filing III, Ironbridge Phase 1 Page 3 Blue Heron Properties, LLC Summary of Facts and Conclusions Identification: Blue Heron Properties, LLC Property River Bend Way Future Development Phase III, Ironbridge PUD, Phase 1 Garfield County, Colorado Parcel Number: 2395-012-26-001 Property Interest: Fee simple estate Type of Value: Market value Date of Inspection: April 20, 2015 Land Size: 45.289 acres Owner of Record: Blue Heron Properties, LLC Zoning: Planned Unit Development Proposed Lots 1-6: 15,000 s.f. Minimum Residential Proposed Lots 7-15: Proposed Lots 16-28: Proposed Lots 29-42: Proposed Lots 43-50: Proposed Lots 51-58: Proposed Lots 59-61: 20,000 s.f. Minimum Residential River Residential 1 9,000 s.f. Minimum Residential 20,000 s.f. Minimum Residential 15,000 s.f. Minimum Residential 9,000 s.f. Minimum Residential 2014 Taxes: $11,743.68; due in 2015 Highest and Best Use: Delayed and phased subdivision into 61 single-family sites Appraisal Process: Property value was estimated using the sales comparison approach. Value Estimate: Effective Date: April 20, 2015 Sales Comparison Approach: $2,115,000 to $2,675,000 Value Conclusion: $2,380,000 Valuation Assumptions: Value conclusion assumes that, as of the valuation date, the property consisted of raw land only and that all conditions requisite to filing the final plat had been satisfied. Future Filing III, Ironbridge Phase 1 Page 4 Blue Heron Properties, LLC Subject Photographs Looking Northwest at Subject Property From Southern Boundary Looking Southeast at Subject Property From County Road 109 Future Filing III, Ironbridge Phase 1 Page 5 Blue Heron Properties, LLC Subject Photographs Looking Southeast Along Roaring Fork River From Northern Property Line Looking East at Subject Property From River Ridge Drive Future Filing III, Ironbridge Phase 1 Page 6 Blue Heron Properties, LLC Subject Photographs Looking Southeast at Subject Property From County Road 154 Looking Southeast Along River Bend Way at its Northwest End Future Filing III, Ironbridge Phase 1 Page 7 Blue Heron Properties, LLC Subject Photographs Looking North at Western Portion of Property From County Road 109 Looking South Along River Bend Way at Earlier Phases of Ironbridge Future Filing III, Ironbridge Phase 1 Page 8 Blue Heron Properties, LLC Identification of the Property The subject property consists of 45.289 acres of land located in the southeastern portion of unincorporated Garfield County between Glenwood Springs and Carbondale, Colorado. It is a designated future phase of Ironbridge PUD and is approved for 61 single-family homesites. The property currently consists of vacant land with partially-completed infrastructure, but this appraisal assumes that, as of the valuation date, it was raw land ready for filing of the final plat. Only real property value was addressed by the appraisal. The property is legally described as Future Development Phase III Parcel as depicted on the Amended and Restated Final Plat of Ironbridge Planned Unit Development, Phase 1 according to the Plat recorded July 16, 2004 under Reception No. 654210, County of Garfield, State of Colorado (Source: Warranty deed of acquisition recorded as Reception No. 840142). It is further identified by County tax parcel number 2395-012-26-001. Assignment Conditions Objective The assignment objective is to estimate the market value of the fee simple estate interest in the subject property subject to the stated assumptions. Garfield County’s formula for calculating School Land Dedication fees is based on the “unimproved market value of the property just prior to the approval of a Final Plat.” In order to conform to this standard, the appraisal assumes the property consisted of raw land as of the valuation date with entitlements for 61 single-family residential sites. Effective Date/Perspective This is a current appraisal with an effective date of April 20, 2015. The report is dated April 30, 2015. Property Interest Definition The fee simple estate interest is defined by The Dictionary of Real Estate Appraisal, Fourth Edition, as “absolute ownership unencumbered by any other interest or estate subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.” Definition of Market Value Market value is defined by the Comptroller of the Currency (12CFR34.42(g)) as "the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: Future Filing III, Ironbridge Phase 1 Page 9 Blue Heron Properties, LLC Assignment Conditions (cont’d) 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." Referenced exposure time, defined by USPAP as the “estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal,” is estimated at one to two years based on property characteristics and recent market conditions. Client and Intended Use of the Appraisal Blue Heron Properties, LLC ordered the appraisal and is the client and an intended user. Garfield County and the applicable school district are also intended users. The appraisal is to be used as evidence of value for calculating a School Land Dedication Fee. It is not intended to be used for any other purpose or by any other party without my written consent. Scope of the Appraisal The scope of work included inspecting and photographing the property on April 20, 2015. Property descriptions are based on my inspection, public records, a draft plat of Ironbridge Planned Unit Development - Phase III prepared by High Country Engineering, Inc., on June 27, 2014,and other verbal and written information provided by the client and/or its representatives. Costs of required infrastructure were estimated from information provided by High Country Engineering. The appraisal’s scope includes ascertaining area and neighborhood characteristics, an investigation of applicable zoning, an analysis of pertinent market conditions, and development of a conclusion of highest and best use. Zoning data was obtained from Garfield County. Delayed and phased subdivision into 61 single-family residential sites as currently approved is concluded to represent the property’s highest and best use. Property value was estimating using the sales comparison approach. The cost approach and income capitalization approach are not applicable to vacant land. Given the fact that adequate demand for subdivision does not currently exist, in my opinion subdivision analysis is not a reliable valuation technique. It was omitted without adversely impacting assignment credibility. Comparable data was obtained from sources that included, but were not limited to, Realtors®, buyers, sellers, attorneys, and the applicable Multiple Listing Service (MLS). All market data was confirmed with a party to the transaction, a Realtor® or attorney involved in the transaction, MLS published (or electronically transmitted) data, and/or an appraiser who is believed to constitute a reliable source. The geographic area included in my investigation of comparable information Future Filing III, Ironbridge Phase 1 Page 10 Blue Heron Properties, LLC Assignment Conditions (cont’d) included the lower Roaring Fork Valley between Carbondale and Glenwood Springs, Colorado. This is considered adequate based upon the quality and quantity of available market data. All comparable properties were inspected. This Appraisal Report is intended to comply, at a minimum, with Standards Rule 2-2(a) of the 2014- 2015 USPAP. These standards include: (I) State the identity of the client and any intended users, by name or type; (ii) State the intended use of the appraisal; (iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical legal, and economic property characteristics relevant to the assignment; (iv) State the real property interest appraised; (v) State the type and definition of value and cite the source of the definition; (vi) State the effective date of the appraisal and the date of the report; (vii) Summarize the scope of work used to develop the appraisal; (viii) Summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach, or income approach must be explained; (ix) State the use of the real estate existing as of the date of value and the use of the real estate reflected in the appraisal; (x) When an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion; (xi) Clearly and conspicuously state all extraordinary assumptions and hypothetical conditions and state that their use might have affected the assignment results; and (xii) include a signed certification in accordance with Standards Rule 2-3. The report also includes summary information on the property’s sale and listing history over the past three years. Future Filing III, Ironbridge Phase 1 Page 11 Blue Heron Properties, LLC Area Map Future Filing III, Ironbridge Phase 1 Page 12 Blue Heron Properties, LLC Location Description Area INTRODUCTION Glenwood Springs (Glenwood) is located in west-central Colorado at the junction of Interstate 70 (I-70) and Colorado Highway 82, and the confluence of the Colorado and Roaring Fork rivers. The city serves as a primary trade center for a significant portion of west-central Colorado and is a noted tourist destination, home of the world's largest naturally-heated outdoor swimming pool and centrally located within the White River National Forest. Glenwood is about 40 miles northwest of the Aspen/Snowmass resort area, and 50 miles west of the Vail/Beaver Creek resort complex, both of which are internationally recognized destinations. It is also a few miles east of the Piceance Basin, a geologic area with major natural gas reserves. TRANSPORTATION Interstate 70 is the primary highway artery serving the city, providing access to Vail and Denver (140 miles) to the east and New Castle, Rifle, and Grand Junction (88 miles) to the west. Highway 82 (Grand and South Glen avenues through Glenwood Springs) is the only major north- south route, providing year-round access to Aspen and the Roaring Fork Valley to the southeast. Independence Pass, located east of Aspen, is closed in the winter but provides summer and fall access to the Arkansas River Valley. Intercity bus service is provided by Greyhound, and rail passenger and freight service is available through Amtrak and the Southern Pacific Railroad. Regularly scheduled air passenger service is available at the Aspen/Pitkin County Airport, 37 miles southeast; the Eagle County Airport, about 25 miles east; and Walker Field in Grand Junction. Regular regional bus service links Glenwood Springs with Aspen and Rifle. Intracity bus service is provided by Ride Glenwood. POPULATION Population figures for the Roaring Fork valley are presented in the following table: Roaring Fork Valley Population Figures 1980 1990 % Ä 2000 % Ä 2010 % Ä 2020 %Ä Aspen 3,678 5,049 37.3% 5,914 17.1% 6,658 12.6% N/A Snowmass Village 999 1,449 45.0% 1,822 25.7% 2,826 55.1% N/A Pitkin County 10,338 12,661 22.5% 14,872 17.5% 17,148 15.3% 20,412 19.0% Basalt 529 1,128 113.2% 2,681 137.7% 3,857 43.9% N/A Garfield County 22,514 29,974 33.1% 43,791 46.1% 56,389 28.8% 72,057 27.8% Carbondale 2,084 3,004 44.1% 5,196 73.0% 6,427 23.7% N/A Glenwood Springs 4,637 6,561 41.5% 7,736 17.9% 9,614 24.3% N/A Source: U.S. Census Bureau; Colorado Department of Local Affairs, October 2013 Roaring Fork Valley population increased at steady to rapid rates over the past 30+ years. Relatively restrictive zoning in Aspen and Pitkin County slowed growth rates in the upper valley Future Filing III, Ironbridge Phase 1 Page 13 Blue Heron Properties, LLC Income Map Future Filing III, Ironbridge Phase 1 Page 14 Blue Heron Properties, LLC Location Description (cont’d) where demand is greatest. Snowmass Village’s more relaxed zoning standards facilitated faster growth. Population increases in the mid and lower valley between Basalt and Glenwood Springs are primarily attributable to the availability of more developable land and relatively affordable housing for employees in the upper valley’s resort areas. Glenwood Springs’ growth has been moderate, with annexation accounting for the atypically high increase in the 1980's. Steep slopes and adjacent public lands limit the city’s ability to expand, but demand is anticipated to continue its long-term pattern of increase. State population forecasts from 2013 predict that Garfield County will grow 27.8% between 2010 and 2020. Observed conditions (reduced traffic, higher residential vacancy, declining employment and retail food sales) were indicative of stabile to slightly declining population between 2008 and 2012. Roaring Fork School District enrollment figures, which apply to the Basalt, Carbondale, and Glenwood Springs schools, were down about 3% during the 2010/2011 school year, but have increased steadily (1.5% to 2.3%) in subsequent sessions. Residential vacancy has been very low over the past two-plus years and the area is much more active. Household income data for the Glenwood Springs trade area from early 2009 is outlined in the following table. A median income map for the area is presented on the facing page. Both indicate local incomes are significantly above national averages. Household Income Data - 2008 Estimates 10 Mile Radius 20 Mile Radius 40 Mile Radius Per Capita Income $30,061 $29,698 $32,240 Average Household Income $77,370 $81,692 $85,625 Median Household Income $62,044 $68,799 $68,323 Source: STDB On Line, February 2009 ECONOMY Glenwood Springs is the major retail and wholesale trade center between Vail and Grand Junction. It historically accounted for nearly 70% of commercial and industrial trade in Garfield County, but dropped to around 30% to 40% in recent years. This decline is largely due to the emergence of Rifle, located 25 miles west at the center of local natural gas production, as a primary commercial center. Glenwood serves an irregular-shaped trade area with an estimated full time population of 90,000 to 110,000 and annual tourist visits exceeding 1,200,000. It is the primary trade center for locations within a 20 mile radius. Retail uses are concentrated along Grand and Glen avenues (Highway 82) between the Colorado River and the south end of the city; in the Glenwood Meadows development (Meadows) west of the central business district; and in West Glenwood at and around the Glenwood Springs Mall. The area around the West Glenwood interchange has become a regional center for automobile sales over the past several years, with two dealerships added there over the past two years. Glenwood’s location on Colorado's major east-west highway and the main access route to Aspen greatly enhances its retail and lodging industries. Tourism and retail activity are the major economic activities in Glenwood, with about 40% of all jobs in the sales and service sectors. Agriculture, construction, and natural gas extraction in surrounding areas Future Filing III, Ironbridge Phase 1 Page 15 Blue Heron Properties, LLC Location Description (cont’d) also generate significant employment and normally provide a fairly diverse economic base. Wholesale trade, health care, and government are other major employment sources. Rapid energy development in the Colorado River valley west of Glenwood Springs between 2004 and late 2008 fueled unprecedented economic and population growth that overflowed into the Roaring Fork Valley where growth pressures were already substantial. Natural gas extraction is the primary activity; there is limited potential for future oil shale development. These activities are expected to affect the local economy for an extended period of time, although declining natural gas prices and limited pipeline capacity substantially reduced activity starting in late 2008. Pipeline capacity has since been expanded, but natural gas prices remain relatively low and are impacting the rate of activity. Glenwood Springs’ commercial economy appears generally healthy, with significant recovery evident since 2012. Retail sales through the first 11 months of 2014 were 7.3% higher than the same period in 2013. Glenwood Meadows has been the area’s dominant regional retail destination since 2005. This center is anchored by Target, Lowes, Bed, Bath, and Beyond, Petco, The Sports Authority, and Pier 1 Imports. The Meadows’ opening partially offset the loss of city trade associated with the 2003 addition of a Wal-Mart Supercenter in Rifle. Southern sections of Glen Avenue around Wal-Mart were previously the main retail center. Other major retailers near Wal-Mart include American Furniture Warehouse and Office Depot. The Glenwood Springs Mall remains a significant retail center, although it experienced considerable turnover after 2005 including the 2012 loss of K-Mart and Staples. Downtown was weakened by this “satellite” development, but was showing signs of revival at the end of the last boom cycle and has benefitted substantially from renewed tourist activity since 2010. REAL ESTATE TRENDS Glenwood Springs real estate markets are impacted by overflow demand from the Aspen/ Snowmass resort area, with more modest influence from Vail/Beaver Creek to the east. Tourism and construction have been the primary economic forces here for many years; natural gas development in the New Castle to Debeque corridor is a relatively new influence. Prior to the latest energy boom, which started around 2004, most growth in the Colorado River Valley west of Glenwood was generated by unsatisfied demand for price-sensitive employee housing and commercial and industrial space supporting the resort areas. Energy development added another powerful economic generator to the area and fueled further under-supply in most real estate markets between 2004 and 2008. Adverse influence from the Great Recession and subsequent financial crisis impacted tourism, construction, and energy exploration and development, contributing to less favorable demand/supply relationships in most real estate markets. Material improvement in residential markets has been evident over the past three years, and certain segments of commercial and industrial markets are also showing signs of revival. Local markets typically perform cyclically, but with a long term pattern of improvement. The area is prone to periodic rapid or boom-level growth, commonly followed by adjustment periods with stabile to slightly declining values and limited development activity. The beginning of the last decade saw relatively strong market conditions followed by general stability between 2001 and 2004. Unprecedented growth and value increases occurred between early 2005 and early 2008 when record sale activity and exceptional marketability were evident. Increasingly adverse economic conditions between 2008 and 2012 dramatically slowed sales and lowered rents and Future Filing III, Ironbridge Phase 1 Page 16 Blue Heron Properties, LLC Location Description (cont’d) values. Most improved properties lost 30% to 50% of their peak value; land values commonly fell 60% to 80%. Distressed property sales and offerings significantly impacted all markets, with prices reverting back to levels evident in the early 2000's and late 1990's. Some rebound has occurred since 2012, particularly in the residential sector. A summary of real estate sale activity in the Glenwood Springs zone of the local MLS is presented in the following table: Glenwood Springs Real Estate Sales Year # Sales Total Sales Volume % Ä Median Price % Ä 2007 444 $192,059,304 4.5% $362,250 8.2% 2008 211 $99,528,700 -48.2% $392,500 8.4% 2009 101 $41,979,539 -57.8% $389,000 -0.9% 2010 129 $47,388,666 12.9% $350,000 -10.0% 2011 193 $61,445,603 29.7% $241,000 -31.1% 2012 252 $99,155,196 61.4% $269,000 11.6% 2013 233 $77,064,983 -22.3% $291,000 8.2% 2014 264 $126,321,780 63.9% $318,250 9.4% Source: Aspen Glenwood Board of Realtors, January 2015 Sales volume declined precipitously between 2007 and 2009, with a total decline of around 78%. Year-to-date volume is 14.3% higher than the same period last year. Median prices starting declining in 2009, with a cumulative decline of 38.6%. Median price in 2014 was 32% above the 2011 low. Glenwood Springs experienced moderate new commercial and industrial development during the 1990's and early 2000's, including new and redeveloped lodging facilities that are a major city use. More limited activity occurred between 2001 and 2004 when generally stable national and regional economic conditions prevailed. Rapid growth was evident again between 2005 and 2008, including completion of the retail portion of Glenwood Meadows. Activity slowed considerably after mid 2008, but picked up in 2012. The only significant private-sector projects built between 2008 and 2011 involved two satellite lodging facilities at the Meadows. Completed projects over the past three years include three automobile dealerships, a new bank, a gas station/convenience store at the West Glenwood interchange of I-70, and an apartment project at the Meadows. Recently completed public projects include a waste treatment plant in West Glenwood, a Roaring Fork Transportation Authority (RFTA) transit center at the corner of Glen Avenue and 27th Street, and a downtown redevelopment project involving an expansion of Colorado Mountain College’s (CMC) administrative offices, a new library, and a public parking garage. Most commercial and light industrial demand generators declined considerably between 2007 and 2011, but there have been signs of stabilization and revival since 2012. Tourism and retail sales have also rebounded, although volume remains below 2007 levels. There is a growing perception that commercial and industrial markets are experiencing steady recovery, with some agents reporting upward price pressure. Future Filing III, Ironbridge Phase 1 Page 17 Blue Heron Properties, LLC Location Description (cont’d) Glenwood’s commercial market is susceptible to future competition from west Basalt and Carbondale in the middle Roaring Fork Valley, allowing those areas to intercept regional shoppers from the upper Roaring Fork Valley. The mid valley now includes mostly community and neighborhood shopping, but mid box retail facilities are likely to be added at some point. Willits Town Center in west Basalt is generating increased retail competition, as Whole Foods opened a store there in August 2012 and is attracting other local, regional, and national businesses. Large scale development in Carbondale is also possible, although this will likely involve significant delay in the current political and economic climate. In spite of this competition, it is anticipated that Glenwood Springs will remain the principal trade center for the area. It will also retain its strong tourism economy and continue to be impacted by nearby energy extraction. COMMUNITY RESOURCES In addition to the area’s many shopping facilities, community resources include a generally good public school system and Colorado Mountain College, a regional college headquartered in Glenwood Springs and offering both undergraduate and adult education programs in multiple communities. Health services are provided by Valley View Hospital, one of western Colorado's better medical facilities, and an expanding network of private practitioners. Police protection is provided by municipal and County forces, and fire protection by the Glenwood Springs and Carbondale Fire Departments. Climate, environment and abundant recreational opportunities are major elements in the area's economy. Winter sports facilities include the nearby Sunlight Ski Area and mountains in Aspen, Snowmass Village, and Vail; and Nordic skiing opportunities on groomed trail systems in and around Aspen and Carbondale. The Hot Springs Pool is a year round attraction. Glenwood Adventure Park, located on the top of a hill north of town, is becoming an increasingly popular destination. They recently announced they will open another hot springs facility about one-half mile west of the existing pool. The area is surrounded by the White River National Forest, which offers exceptional scenic beauty, and hiking, camping, hunting and off-road biking opportunities. The area's rivers, such as the Fryingpan, Roaring Fork, Crystal, and Colorado, are noted for excellent fishing and whitewater recreation. Summary Glenwood Springs and surrounding areas experienced steady to rapid population and trade growth over the past few decades due to an attractive climate and excellent location with respect to resort activity, economic development, transportation systems, and recreational facilities. These factors should continue to attract economic activity and preserve Glenwood’s key role as a regional trade center. Glenwood and surrounding areas weathered the weak national economy between mid 2001 and mid 2004 without major value or marketability impacts. Boom-level growth, largely fueled by construction activity and natural gas exploration and production, was evident over the following three years. Fallout from the 2008 financial crisis and a contracting local economy are continuing to adversely impact local real estate markets, although residential markets rebounded strongly after mid 2012 and increasing public and private development in the past year have strengthened light industrial markets. Retail sales and tourism are exhibiting steady growth. Employment remains below average, which continues to hurt the office market. Glenwood Springs and surrounding areas are well positioned to benefit from improving circumstances. Future Filing III, Ironbridge Phase 1 Page 18 Blue Heron Properties, LLC Neighborhood Map Future Filing III, Ironbridge Phase 1 Page 19 Blue Heron Properties, LLC Location Description (cont’d) Neighborhood INTRODUCTION The subject property is part of a medium density, rural residential neighborhood situated along both sides of Garfield County Road 109 (Hardwick Bridge Road) and the south and west sides of the Roaring Fork River in the southeastern portion of unincorporated Garfield County. It is within the lower portion of the Roaring Fork Valley about three miles south of Glenwood Springs and five miles northwest of Carbondale. The neighborhood is defined by the boundaries of the Westbank Ranch, Ironbridge, and River Ridge planned unit developments. A neighborhood map showing this and surrounding areas is presented on the facing page. ACCESS Primary neighborhood access is via County Road 109, a paved, two-lane road with chip-and-seal surface originating just north of the neighborhood at County Road 154 and extending about six miles south to County Road 108 just west of Carbondale. Access to Highway 82 is via signaled intersections with County Road 154 just under a mile from the neighborhood. Streets within the three neighborhood PUD’s are paved local routes. The closest bus stop is situated at the southernmost intersection of County Road 154 and Highway 82, about one mile away. LAND USE/DEVELOPMENT TRENDS Transition from historic agricultural uses began in the early 1970's with platting of the Westbank Ranch PUD that comprises the northwest portion of the neighborhood. Westbank includes about 163 single-family sites and is about 95% built-out. It borders the river along its northwest boundary and was built around a nine-hole golf course. This was subsequently deeded to Ironbridge, which incorporated that land in their existing 18-hole facility. Sales of single-family residences at Westbank since January 2013 were priced at $445,000 to $825,000 and around $118 to $275 per square foot. Current listings are priced at $725,000 to $800,000 and around $110 to $261 per square foot. The most recent land sale here, closing in November 2014, commanded a price of $91,500. Lot prices before the economic downturn had ranged up to around $250,000. River Ridge PUD is an eight-lot project located north of Westbank and west of County Road 109. It was platted in 1997 and sales started in 1998. Five of the eight lots (63%) have been developed. The last home sale here occurred in April 2013, priced at $591,100. This was bank-owned and the transfer involved a liquidation. The last site sold for $120,000 in February 2014, apparently out of an estate. Lot 4 is currently offered for $129,000. Ironbridge PUD, created from the 440-acre Rose Ranch and 95.5 acres of the former Westbank Ranch golf course, was originally platted in 2004 with the first sales occurring in early 2005. This is a 316-lot project built around an 18-hole golf course designed by Arthur Hills and refined by Tom Lehman. Other amenities include a fitness center, swimming pool, basketball and tennis courts, playgrounds, parks, river access, and hiking and biking trails. The Ironbridge Grill also recently opened. According to a search of County assessment records, there are around 189 existing residences and 66 platted vacant lots. Approvals are in place for an additional 61 lots on the subject property, Phase III. Sales of finished residences since May 2014 have been priced at Future Filing III, Ironbridge Phase 1 Page 20 Blue Heron Properties, LLC Ironbridge Plan Future Filing III, Ironbridge Phase 1 Page 21 Blue Heron Properties, LLC Location Description (cont’d) $374,000 to $829,000 with average and median prices of $542,270 and $506,000, respectively. Price-restricted community housing units sold for around $230,000 each. An illustrative map of Ironbridge with the location of the subject property identified is presented on the facing page. Ironbridge is the dominant neighborhood land use. It experienced rapid sales and development in its early years, but the original developer’s bankruptcy (a subsidiary of Lehman Brothers) in late 2008 halted development for about five years. During the settlement period, original entitlements expired. In addition, severe soils issues impacted vacant and improved sites in Ironbridge’s first phase. Several homes were damaged and required extensive foundation work, and about four others were damaged beyond repair and have been condemned. As a result, all homes in Ironbridge are now required to have engineered foundations. Blue Heron Properties, controlled by longtime local developers, acquired the remaining developer assets in August 2013 for $4,820,000. This included 111 vacant lots, the golf course and other club amenities, and the seven community housing units that were built but never occupied. Since its acquisition, the new owners have extended entitlements, upgraded the golf course, constructed a 120-seat restaurant, and converted the original pool house to a fitness center. Limited new residential construction is currently in progress and there are plans to move forward with the third phase (subject property) within a year or two. UTILITIES The neighborhood has public electricity, telephone, and natural gas service. Westbank Ranch and River Ridge PUD’s have community water and individual septic systems. Water and sewer service is available at Ironbridge through the Roaring Fork Water and Sanitation District. Most distribution lines are underground. A raw water irrigation system is used for the golf course. LINKAGES This district has average residential linkages. It is midway between Glenwood Springs and Carbondale and 35 miles from the Aspen/Snowmass Village resort center. Public schools are in Glenwood Springs; there are a number of private school options in and around Carbondale. Colorado Mountain College’s Spring Valley campus is about two miles east. Regional shopping is located in Glenwood Springs, while community facilities are available in Glenwood and Carbondale. Abundant entertainment and recreational resources are situated within an easy drive and the Rio Grande Trail, a non-motorized route connecting Glenwood Springs and Aspen, runs between County Road 154 and Highway 82 just north of the neighborhood. There is a public boat launch at the intersection of County Roads 109 and 154. The neighborhood has an attractive rural location with average to good views and river influence. Transportation resources are average and there is a bus stop within one mile. CONCLUSION The subject neighborhood includes mature and developing residential projects located around a good quality 18-hole golf course and on or in close proximity to the Roaring Fork River. Its moderately priced sites and homes have commanded average to good appeal over the years. The district is relatively convenient to most area attractions and competes well against other rural residential neighborhoods. Golf course amenity has existed here for many years, but Ironbridge Future Filing III, Ironbridge Phase 1 Page 22 Blue Heron Properties, LLC Site Plan Future Filing III, Ironbridge Phase 1 Page 23 Blue Heron Properties, LLC Location Description (cont’d) adds a broader range of amenities for their owners. Ironbridge is the only major entitled residential project in the lower valley and is well positioned to benefit from a rapidly improving and under- supplied residential market. The neighborhood was disproportionately impacted by the post-2008 downturn due to bankruptcy, but is now well positioned for recovery. Aside from soils concerns at Ironbridge, no other major negative influences are noted. Overall neighborhood appeal is average. Property Description LOCATION, ACCESS, AND SURROUNDING DEVELOPMENT The subject property occupies the northern portion of Ironbridge PUD. It fronts on the east side of County Road 109 about 0.25 mile southeast of County Road 154 and extends southeast along the Roaring Fork River and the first hole of the Ironbridge golf course to the northern boundary of Ironbridge Phase II. Access is or will be available from County Road 109 via River Bend Way; this route also provides access from earlier phases to the south. River Bend Way currently extends about 1,500 linear feet into the subject’s southern portion and there is a cul-de-sac in place at its northwestern end, but for purposes of this appraisal is assumed to terminate at the property boundaries. All roads and streets are two-way paved routes; turn lanes have been installed along County Road 109 at the proposed northwest end of River Bend Way. Improved and vacant single-family sites in Westbank Ranch and River Ridge border the property to the west across County Road 109. There are three improved riverfront residences north of the subject along the south side of the river, and a number of riverfront residential properties across the river to the north and east. Vacant and improved single-family uses in Phase II of Ironbridge are located to the south, including the community housing units. The first hole of the golf course is situated to the southwest. PHYSICAL CHARACTERISTICS The facing page exhibit, created from a preliminary plat, shows the outline of the subject property and the 61 lots approved for Phase III. Detailed plats of the individual proposed lots are presented in the Addenda beginning on page 46. The property is irregular in shape and contains gross area of 45.289 acres. Of this, 33.716 acres is designated for the 61 lots, reflecting an average of 24,077 square feet; 7.192 acres are designated for the River Bend Way and Blue Heron Drive rights-of- way; and 4.381 acres are designated to common areas. The property has 270.53 feet of frontage in two locations on County Road 109, plus several hundred feet of effective frontage where a cart path separates it from the road. Boundaries along the river total around 2,309 feet, but landowners from the other side of the river reportedly control several hundred feet of this at the property’s southeast corner. No trespassing signs have been installed there and there is no river access to around four proposed lots. A high voltage power line crosses the common area immediately south of the subject. Most of the property has views of Mt. Sopris to the south. A ridge obstructs this exposure to several lots located in the property’s northwest corner. The property was part of an operating ranch and was subject to flood irrigation for a considerable period of time. Most of the site slopes gently downward toward the river. Vegetation consists mostly of grasses. Numerous trees are located along the river. Future Filing III, Ironbridge Phase 1 Page 24 Blue Heron Properties, LLC Plat Notes Future Filing III, Ironbridge Phase 1 Page 25 Blue Heron Properties, LLC Property Description (cont’d) Geologically, Ironbridge has a number of identified or potential hazards relating to hydrocompactive soils, alluvial fans, ground subsidence, collapsible underlying geology, and sinkholes. While most of the identified hazard impacts earlier phases, all structures are required to have engineered foundations and basements are allowed only where declared safe by a geotechnical engineer. This standard will increase home costs and will presumably upwardly impact infrastructure costs. FLOOD HAZARD The subject’s site-specific flood hazard is identified on the preliminary plat. The applicable Federal Emergency Management Agency flood panel is 080205 1465B, which has an effective date of January 3, 1986. Except for northern portions of proposed Lots 16, 17, and 18, the remainder of the property appears to be located outside the identified flood plain. Flood hazard to the three lots is limited to areas outside designated building envelopes and should have no material adverse impact. UTILITIES While some utility lines have been extended onto the subject property, for purposes of this appraisal it is assumed that distribution lines have been extended to the property boundary. EASEMENTS AND ENCUMBRANCES I have not been provided with a title report for the subject property. According to the draft final plat, the southern portion of the property identified as Common 2 and containing 2.323 acres, is almost entirely encumbered by power line, ditch, and natural gas easements. The area designated as Common 1, the current site of a sewage lift station serving other portions of Ironbridge, also presumably has encumbrances. None of these easements should adversely impact the subject. Development and use of the property is subject to Ironbridge approvals as well as the covenants of the Ironbridge Property Owners Association. There are a number of restrictions that will be identified on the Phase III plat; a copy of these is presented on the facing page. Only those previously identified items relating to geologic hazard will impact value. Each finished lot will be required to pay Association dues, which are currently $329 per month. The standard homeowner’s fee is $125 per month, but there is an agreement in place that all sites must contribute $204 per month for use of the golf course and common amenities. This allows homeowner’s unlimited golf with only a cart fee of $22 per round, and access to all other amenities. Unlimited use of the driving range is available for a one-time fee of $125. I know of no other adverse easements or encumbrances and this appraisal assumes there are none. ENVIRONMENTAL CONTAMINATION No evidence of environmental contamination was observed during my inspection (the appraiser has no expertise in the detection of hazardous materials). This appraisal assumes the property is free of environmental hazard. Future Filing III, Ironbridge Phase 1 Page 26 Blue Heron Properties, LLC Property Description (cont’d) SUMMARY The subject property is assumed to consist of 45.289 acres of raw land with entitlements for 61 single-family building sites. It has an above average location with extensive river frontage. Most sites have average to good views of Mt. Sopris to the south, with the best views available in the property’s southern portions. This view is obstructed to around 10 lots in the property’s northwest corner. Shape and topography are generally conducive to the proposed subdivision. All streets and utility lines are assumed to have been extended to the property boundary. Except for proposed Lots 43 through 54, which will border the northeast side of the first hole, all lots will be located off the golf course. Geologic conditions will increase development costs to the developer and end users. All lots are required to pay elevated monthly Association dues regardless of whether or not they use the golf course and amenities, and this will reduce potential sale revenues. There is no material flood hazard and the property is assumed to be free of environmental contamination. Overall appeal for an entitled residential development project under current local economic and market conditions is above average. Owner of Record and Sales History Blue Heron Properties, LLC is the owner according to assessment records. The subject property was acquired, along with other Ironbridge components, from LB Rose Ranch, LLC, on August 30, 2013. The deed was recorded as Reception No. 840142 in County records. This transfer apparently occurred through an auction out of the Lehman Brothers bankruptcy. The purchase price was $3,220,000. In addition to the subject property, the sale included 50 vacant sites in Filings 1, 2, and 3 of Phase II, and Golf Course Parcels 1, 2, 3, 4, 5, 6, and 7. There have been no subsequent sale offerings of the subject property. Assessments and Taxes The subject’s 2014 full value assessment is $528,000. Its assessed value, based on the applicable 29% rate, is $153,120. The property is located in Garfield County tax district #90, which has a 2014 levy rate of $76.696 per $1,000 in assessed valuation. 2014 taxes payable in 2015 are $11,743.68. The first installment of this has been paid; the balance of $5,871.84 is due later this year. Zoning The subject’s zoning is established by PUD approvals for Ironbridge. There are 10 different zoning classifications, with primary differences relating to minimum lot size. The subject’s proposed lots are located in four different districts as shown in the following table: Future Filing III, Ironbridge Phase 1 Page 27 Blue Heron Properties, LLC Zoning (cont’d) Ironbridge Phase III Zoning Lots District Proposed Lots 1-6 & 51-58 15,000 s.f. Minimum Residential Proposed Lots 7-15 & 43-50 20,000 s.f. Minimum Residential Proposed Lots 16-28: River Residential 1 Proposed Lots 29-42 & 59-61 9,000 s.f. Minimum Residential Specific zoning guidelines, taken from the March 11, 2014 PUD Guide, are presented in the Addenda beginning on page 49. The 9,000 square foot minimum lot size zone allows one single- family residence and non-habitable accessory structures. An accessory habitable structure of up to 300 square feet is permitted in the remaining three districts. There is a 35-foot height limit in each district, but a plat note limits Lot 24 to a single story. Each district includes minimum setback requirements. Two off-street parking spaces are required in the 9,000 square foot zone; four are required in all others. Highest and Best Use Highest and best use, as defined by The Dictionary of Real Estate Appraisal, is "the reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity." Considering the subject’s entitlements, location, neighborhood influences, and physical characteristics, subdivision into 61 single-family lots as currently approved represents its highest and best use. The only questionable element of highest and best use is appropriate timing. Single-family lot prices and the number of lot sales declined precipitously starting in 2008 and continued through at least 2012. Activity has picked up over the past two to three years in competitive projects that include nearby Aspen Glen and River Valley Ranch in Carbondale. New construction has increased slowly in those developments over the past two years and there are an increasing number of custom homes being built and a few speculative projects. Still, an extremely large inventory of vacant sites exists. The following table provides information on the current inventory of vacant sites in competitive projects and the average number of lot sales there over the past two years: Future Filing III, Ironbridge Phase 1 Page 28 Blue Heron Properties, LLC Highest and Best Use (cont’d) Vacant Lot Inventory and Sales History Project Vacant Lots Sales Past Year # Year’s Inventory Ironbridge 66 Aspen Glen 162 Coryell Ranch 23 Midland Point 13 River Valley Ranch 138 Total 402 39 10.3 Source: Vacant Lot Inventory - Garfield County Assessor Sales in Past Year - Aspen/Glenwood Springs MLS This clearly overstates inventory as a significant portion of vacant sites in these projects are already owned by end users and some may already be in the construction process. Further, it is very likely that additional lot sales occurred outside the local MLS. Still, there is clearly a multi-year supply of vacant sites already approved. Adding the 61 subject lots and the potential for 366 units with preliminary approval at River Edge, which is located southeast of the subject along the Roaring Fork River and Highway 82, most investors and developers would conclude that delayed development would yield a higher return. This is further supported by the fact that current improved home prices suggest marginal feasibility for new home construction. However, residential values are continuing to rise in most price categories and this relationship should improve over the short term. Considering these factors, I concluded that delayed development of the subject’s 61 approved single-family lots represents the subject property’s highest and best use. A minimum delay of one to two years is likely. Local, regional, and national investors and developers are the primary market for a development property of this type and size. Appraisal Process The objective of this appraisal is to estimate the market value of the fee simple estate interest in the subject property under the assumptions that 1) the property consists of raw land and 2) all conditions necessary to record the final plat have been satisfied. Property value was estimated using the sales comparison approach. The cost approach and income capitalization approach are not applicable to property of this type. Subdivision analysis, a form of discounted cash flow that considers the present worth of net sales revenues through the sell-off period, is applicable to property of this type. However, uncertainty regarding optimal timing and the resulting holding period that may last a considerable period of time, reduces the reliability of this technique. It was omitted without adverse impact on assignment credibility. Future Filing III, Ironbridge Phase 1 Page 29 Blue Heron Properties, LLC Sales Comparison Approach This technique provides an estimate of value through comparison of the subject property to similar properties that have recently sold. The major steps in this process are outlined as follows: 1. Research the market for information on sales, listings, and offers involving properties with similar characteristics. 2. Verify the accuracy of information with a person involved in the transaction. 3. Select appropriate unit(s) of comparison and develop a comparative analysis. 4. Compare the comparable properties with the subject property using the selected unit(s) of comparison and making dollar and/or percentage adjustments to each sale price to arrive at a value indication. 5. Reconcile all value indications in Step 4 to arrive at a single value indication or range of values for the subject property. The following table, provided courtesy of the Appraisal Institute, graphically illustrates the appraisal objective for this assignment: While the terminology differs slightly, the objective here is to estimate the value of the unimproved property upon completion of the entitlement process (Land Value With Entitlements) and prior to adding infrastructure. Price per acre is the typical unit of comparison for unentitled and entitled development land. However, since the market downturn in 2008, there has not been adequate Future Filing III, Ironbridge Phase 1 Page 30 Blue Heron Properties, LLC Sale Location Map Future Filing III, Ironbridge Phase 1 Page 31 Blue Heron Properties, LLC Sales Comparison Approach (cont’d) contemporary sale activity involving properties in that stage of the development process to reliably estimate market value. There has been a more active market for multiple finished lots in the lower valley. These transactions involve properties that are at the end of the construction phase and are ready for absorption. In appraising the subject property, it will be necessary to make downward adjustments for estimated infrastructure costs. Further, since development of the subject property is not immediately feasible, further discounting is appropriate to reflect the fact that sales revenues will be delayed. Using these two methodologies provides better support for a reasonable estimate of the subject’s value in its assumed state. Price Per Acre Analysis Pertinent data on those sales and listings of development land considered most pertinent to the assignment is presented in the following table. A comparable sale location map is presented on the facing page. Comparable Development Land Sale Summary ID Description/Grantor−−−Grantee/Recording Data Date Price Size $$/Acre Lots/Acre 1 S/S C. R. 114 (Parcel A, Pinyon Mesa PUD) Roaring Fork R.E. Solutions −−− RE Development Rec. #844553, Garfield County 12-11-13 $600,000 Allocated 33.798 acres $17,753 0.95 2a Four Mile Road Area; Oak Meadows Ranch Oak Meadows III, LLC Offering 9-11-13 Listing $1,295,000 46.71 acres $27,724 0.54 2b Four Mile Road Area; Oak Meadows Ranch Oak Meadows Dev. Co. −−− Oak Meadows III, LLC Reception No. 735652 10-17-07 $2,200,000 46.71 acres $47,099 0.54 3 Auburn Ridge Lane; Lot 1, Los Amigos Ranch Flg. 1 Eagle Ridge Investment −−− JJBR LLC & 4K LLC Rec. #853952 9-24-14 $599,000 7.13 acres $84,011 6.73 Multifamily S.P. River Bend Way, Future Filing III, Ironbridge Subject Property N/A N/A 45.289 acres N/A 1.35 SALE 1 This is the most recent sale involving entitled and unimproved land. It included multiple bank- owned components of Pinyon Mesa PUD, which is located about one mile southeast of Ironbridge on the south side of CMC Road (County Road 114). The total purchase price was $1,000,000; U.S. Bank financed the sale, which involved cash terms to the seller. Assets transferred included 21 finished lots in the first phase, an existing residence in the first phase, and Parcel A, raw land entitled for 32 single-family lots. In addition to the $1,000,000 paid to an Alpine Bank holding entity, the buyer paid around $360,000 for delinquent water taps, bringing the total consideration to $1,360,000. The buyer subsequently sold 12 finished lots at a combined price of $608,000 and the residence for $575,000. Parcel A was re-listed for $960,000 in February 2014 and was placed under contract in late April at an undisclosed price. This sale reportedly fell through due to financing issues and the listing was cancelled on September 30, 2014. Based on discussions with Future Filing III, Ironbridge Phase 1 Page 32 Blue Heron Properties, LLC Sales Comparison Approach (cont’d) Scott Dillard, a buyer representative, I estimated the portion of the sale price attributable to Parcel A at $250,000. Adding most of the additional payment for delinquent water and sewer taps, total consideration for Parcel A is estimated at $600,000, or $17,753 per acre. Parcel A contains 33.798 acres of unimproved land. It has extensive road frontage at average depths of about 950 to 1,000 feet. Topography is varied, with steep slopes and a centrally-located ravine materially reducing useable area. Developable portions are located in the eastern and south-central sections and most approved building sites have gentle to moderate slopes. Views range from average to above average. The property has collapsible soils and sinkhole risk and specialized foundation techniques will be required. Sewer and water taps are pre-paid. In analyzing this sale, it is reasonable to conclude that the price was materially reduced by its liquidation motivation. Market conditions have improved modestly since late 2013 and further upward adjustment is warranted for subsequent value patterns. Compared to the subject property, Parcel A has a significantly inferior location out of the valley floor and away from the river, inferior topography that will increase infrastructure costs, lower approved density, slightly to moderately inferior views, and no natural gas service. Ironbridge has considerably more amenities, but this advantage is at least offset by higher Association dues. A downward adjustment is warranted for the sale’s smaller size based on the tendency of smaller properties to command higher unit prices. The per acre value of the subject property should be considerably higher than $17,753 per acre. SALE 2 This property, commonly known as Oak Meadows PUD, Phase III, is located in the Four Mile Creek area southwest of Glenwood Springs. It sold for $47,099 per acre at the market’s peak in October 2007. Closing was effectively contingent upon obtaining subdivision approvals, although these were obtained after the sale and at the buyer’s expense. In addition to the $2,200,000 paid for the real property, 25 water and sewer taps valued at $250,000 were transferred outside of closing. This property remains undeveloped and was taken back by the private lender through foreclosure in December 2009. It has been on the market off-and-on since March 2011 priced at around $1,300,000. According to Scott Dillard, a listing agent, there has been no interest. This is an irregular-shaped parcel located about 4.5 miles up Four Mile Creek and about three miles southwest of Ironbridge on the other side of a ridge. It has varied topography, sloping upward from north to south, with fields and forests providing an attractive mountain environment with average views to the north. Utilities are above average for rural residential properties. Approvals obtained after the 2007 sale are preliminary and involve 25 lots ranging in size from around 10,000 to 20,000 square feet. The contemporary offering, priced at $27,724 per acre, is considerably inferior to the subject property. It has a more remote location up Four Mile Creek, is not as far along in the approval process, and has preliminary approvals for lower density development. Utilities and proximity to infrastructure are comparable. Ironbridge offers more amenities, but this advantage is at least offset by higher Association dues. The only downward adjustment relates to the fact that a willing buyer has not yet been found at the offering price. It is reasonable to conclude that the subject’s value rate is materially higher than $27,724 per acre. Future Filing III, Ironbridge Phase 1 Page 33 Blue Heron Properties, LLC Sales Comparison Approach (cont’d) SALE 3 This sale is not truly comparable to the subject, but it introduced to identify the upper end of the subject’s likely value range. It involved a 7.13-acre parcel of land near Colorado Mountain College with approvals for 48 townhome units. The property was originally offered for $1,440,000 in November 2011 and was on the market off and on until closing in September 2014. Total marketing time was around 35 months. The price was gradually lowered during the offering period and had been $599,000 since January 2014. Terms included cash and a single-family lot in Elk Springs. Mytt Anderson, the selling agent, felt the value of the traded lot was high, suggesting a lower cash-equivalent price in the transaction. Del Dawson, the listing agent, indicated the transaction was normally motivated. The property identified as a Resubdivision Lot 1, Los Amigos Ranch PUD, Filing 1 is located immediately west of Auburn Ridge Apartments along both sides of a private road known as Auburn Ridge Lane. It is situated about two miles east of the subject with primary access via County Road 114. The site is generally regular in shape with varied topography. It sits on a ridge and has good views. Much of the infrastructure and several old foundations for the townhouse project existed on the property. The listing indicated that about 80% of infrastructure was complete. Additional work was reported to include removal of the foundations, which are severely weathered, moving some electrical lines, extending part of the sewer lines, adding two hydrants, and trenching for natural gas lines. Water service is provided by Red Canyon Water and sewer service by Spring Valley Sanitation. This sale, as reported in public records, involved a per acre price of $84,011. If the Elk Springs lot was valued too high the cash-equivalent price would be lower. Aside from the subject’s superior location along the river and more convenient to area attractions and resources, substantial downward adjustments are warranted for size differences and the fact that the sale property is further along in the development process with substantial infrastructure in place. The sale’s entitlements reflect a much higher density as well. The subject’s per acre value should be materially lower than $84,011. LISTINGS Other than the recent offering of the property discussed as Sale 2, I found no comparable listings providing significant insight on current value rates. Value as a Percentage of Retail Sales There have been a number of bulk sales of finished residential lots over the past several years, including three since the economic downturn. Most of these were in River Valley Ranch (RVR). While price per finished lot is commonly considered as a unit of comparison in bulk sales, the reliability of this measure is reduced where lot values exhibit substantial variations. This is clearly the case at RVR where lot prices have ranged from around $37,000 to $700,000 since February 2004. Sales at the low end of that range mostly occurred in 2011 and 2012. Rapidly changing value levels also reduce reliability where there is limited contemporary sale activity. Future Filing III, Ironbridge Phase 1 Page 34 Blue Heron Properties, LLC Sales Comparison Approach (cont’d) Bulk acquisitions generate profit to the buyer through the future sale of individual lots, regardless of whether those lots are sold in their current vacant state or improved with a finished residence. The primary issue in buying and appraising multiple-unit properties is the amount of discount applicable to the retail value of individual units. This discount allows recovery of marketing and holding costs plus an adequate allowance for profit. These requirements are objectively quantified in the development method, but uncertainty about when subdivision of the subject will become feasible makes it unreliable in this case. Bulk sale activity at RVR provides direct market evidence of buyers’ perceptions of the appropriate overall discount rate. Since there is considerable consistency in those rates, I concluded that the ratio of sale price per finished lot to the estimated average retail value of the individual sites represents the most reliable unit of comparison. Market participant interviews provide support for this conclusion. Estimate of Sum of Retail Values Pertinent information on the most recent lot sales at Ironbridge is presented in the following table: Comparable Ironbridge Lot Sales Sale Identification Date Sale Price Size Sopris View Water Golf Course 1 1075 River Bend Way Lot 78, Phase II Blue Heron Properties −−− Pettit 3-20-15 $86,000 18,609 s.f. Yes No Fairway 2 296 River Bank Lane Lot 86, Phase II Blue Heron Properties −−− Meine 1-30-15 $295,000 36,542 s.f. Yes River No 3 1198 River Bend Way Lot 68, Phase II Blue Heron Properties −−− Burt 12-19-14 $250,000 39,761 s.f. Yes River No 4 1243 River Bend Way Lot 72, Phase II Aspen Signature Homes −−− Harding 12-5-14 $101,300 16,570 s.f. Yes No No 5 1294 River Bend Way Lot 65, Phase II ADRA, LLC Property Listing 4-10-15 Contract $187,500 44,557 s.f. Partial River No 6 1126 River Bend Way Lot 70, Phase II 4-25-15 Contract $375,000 Asking Price 36,356 s.f. Yes River No Blue Heron Properties Listing Lower-priced lots off the river have been selling for $86,000 to $101,300. These sites range in size from around 16,500 to 18,500 square feet. The best sites along the river have been commanding $250,000 to $295,000, although it is reasonable to conclude that the contract on Lot 70 is priced higher than this. Sale 5 is located along the river, but its frontage is controlled by the owner on the other side. This and the fact that it has limited views of Mt. Sopris substantially impacted the price. About four of the subject sites are similarly impacted, but they have superior views of Mt. Sopris. Current offerings of riverfront sites in Ironbridge are priced at $250,000 to $395,000. In terms of competitive projects, 11,000 to 15,500-square-foot sites in Pinyon Mesa off County Road 114 have been selling for $55,000 to $70,000 over the past year. These sites have inferior locations, are relatively small, and lack access to amenities. However, quarterly HOA dues are Future Filing III, Ironbridge Phase 1 Page 35 Blue Heron Properties, LLC Sales Comparison Approach (cont’d) considerably lower at around $130. Still, sales in this project should identify the low end of the value range for the subject’s proposed lots. There has been one lot sale in Westbank Mesa within the past year. Lot 4, Filing 4, located on Dolores Circle, sold for $91,500 in late November 2014 after a listing period of around 14 months. This site has good views and contains 1.19 acres. HOA dues are considerably lower than the subject’s. Twenty-seven lot sales occurred in Aspen Glen over the past year according to MLS records. Prices ranged from $60,000 to $750,000, with average and median prices of $150,407 and $102,500, respectively. Excluding 11 lots sales in a bulk transaction, sales to end users exhibited average and median prices of $181,000 and $95,000, respectively. This is a gated golf and fishing project with a Jack Nicklaus course. Like the subject, lots in this project have high Association dues. There were three sales at Midland Point Subdivision in the past year, priced at $135,500 to $149,000. These lots contain around 20,000 square feet. Some have Mt. Sopris views and one of the sale properties, which sold for $142,500, is located on a bluff overlooking the Crystal River. This project has no amenities, but dues are significantly lower at around $90 per month. I found seven closed sales to end users at River Valley Ranch since March 2014. Prices ranged from $135,000 to $350,000. The lowest priced sale involved a small riverfront lot at the north end of the project and lacking Mt. Sopris Views. The top price was paid for a premier site at the south end of the project adjacent to a large ranch and with generally protected views of Mt. Sopris. This project has a considerably better location in Carbondale. It is associated with a golf course but has no golf rights. There is a fitness club. HOA dues are $269 per month, which includes the right to use the fitness club. Recent sales in Ironbridge provide the best indication of likely retail prices for finished lots in Phase III. The subject’s smallest lots (Lots 29-42, 59, 60), which range in size from 9,916 to 14,306 square feet, should be able to command average prices of $75,000 to $80,000. Lots 1-6 and 51-58 comprise the next largest size category (13,460 to 20,405 s.f.) and should command average prices of $90,000 to $100,000. There are nine larger lots off the river (Lots 7-15, 43-50, 61); 21,121 to 36,796 s.f.) that should command average prices of $110,000 to $120,000. The nine lots with legal access to the river should command average prices of $275,000 to $300,000, while the four riverfront lots without legal access should command average prices of $200,000 to $210,000. A summary of the sum of the retail values of all 61 lots is presented in the following table. Total retail values are estimated to range from $7,715,000 to $8,380,000, for an average of $126,475 to $137,377 per site. Future Filing III, Ironbridge Phase 1 Page 36 Blue Heron Properties, LLC Sales Comparison Approach (cont’d) Estimate of Sum of Retail Values Description Lots 1-6 Lot Sizes 13,460 s.f. to # 14 Avg. Value Low $90,000 Avg. Value High $100,000 Total Sales Low $1,260,000 Total Sales High $1,400,000 Lots 51-58 20,405 s.f. Lots 7-15 Lots 43-50 Lot 61 21,121 s.f. to 36, 796 s.f. 18 $110,000 $120,000 $1,980,000 $2,160,000 Lots 16-24 43,815 s.f. to 48,527 s.f. 9 $275,000 $300,000 $2,475,000 $2,700,000 Lots 25-28 43,614 s.f. to 46,936 s.f. 4 $200,000 $210,000 $800,000 $840,000 Lots 29-42 Lots 59 & 60 9,916 s.f. to 14,306 s.f. 16 $75,000 $80,000 $1,200,000 $1,280,000 Totals 61 $7,715,000 $8,380,000 Average Value/Lot = $126,475 $137,377 Presentation of Comparable Bulk Sale Data Pertinent data on bulk sales of finished lots is presented in the following table. A comparable sale location map is presented on the following facing page. Most sales were verified with Brian Leasure, the developer’s broker for many years and the listing agent in most cases. Mr. Leasure also assisted me in making contemporary estimates of average retail lot values. Karen Toth, the selling agent, provided insight on the buyer’s perceptions of retail value for Sales 2 and 3. Rick Salvato provided information on the buyer’s retail value estimates for Sale 1. Future Filing III, Ironbridge Phase 1 Page 37 Blue Heron Properties, LLC Comparable Bulk Sale Location Map Future Filing III, Ironbridge Phase 1 Page 38 Blue Heron Properties, LLC # Description Date Price # Lots $$/Lot Est. Retail Value/Lot Price Ratio 1 Block GG, Enclave at Bowles Gulch Block V, Lots 1, 2, 4-8 3-19-15 $2,750,000 22 $125,000 $175,000 71.4% s LLC −−− Sales Comparison Approach (cont’d) Comparable Bulk Sales at River Valley Ranch Banbury Holdings LLC & Equanimous Holding Springvale Investments LLC Reception #860619 2 Block W, 3-5, 9, 14-16; Block V, Lots 1, 2, 4-8 Colorado Roaring Fork Inv −−− Banbury Holdings, LLC Reception #833203 3 Block GG, Enclave at Bowles Gulch Enclave at Bowles Gulch −−− Equanimous Holdings Reception #809909 4 Block GG, Enclave at Bowles Gulch Colorado Roaring Fork Inv.−−−Enclave at Bowles Gulch Reception #742501 5 Lots 1-16, Block EE; Lots 10, 11, & 16, Block FF; Lots 9-14, Block V; Lots 3-11, Block AA; Lot 18, Block S Crystal River L.P.−−−Tasker Investments LLC Book 1789/Page 771 3-26-13 $1,340,000 14 $95,714 $130,000 73.6% 10-26-11 $1,350,000 15 $90,000 $140,000 64.3% 1-31-08 $3,212,446 15 $214,163 $350,000 61.2% 4-11-06 $8,925,920 41 $217,705 $250,000 87.1% 6 Lots 15-27, Block Z & Lots 13-22, Block AA Crystal River L.P.−−−Tasker Investments LLC Book 1780/Page 132 3-10-06 $4,898,260 23 $212,968 $270,000 78.9% 7 Lots 1-9, Block B (Sopris View) Crystal River L.P.−−−Block B LLC Book 1768/Page 387 & Book 1697/Page 213 1-24-06 6-9-05 $948,140 $350,000 $1,298,140 9 $105,349 3 $116,667 12 $108,178 $140,000 77.3% 8 Lots1-5, 7, 9, 11, 12, 14-16, Block W; Lots 1-8, Block V (The Pinons, The Ridge, and Perry Ridge) Crystal River L.P.−−−Colorado R. F. Investments I L.P. Book 1725/Page 110 8-26-05 $3,174,074 Allocated 20 $158,704 $240,000 66.1% SALE 1 This is the recent sale of 22 finished lots in the southwestern portion of RVR for $125,000 per lot. A buyer representative indicated they anticipated a minimum average sale price of $175,000 for these lots, indicating a discount of at least 28.6%. This is one of the few bulk sales where the buyer intends to sell off individual lots. Many other recent transactions involved other motivation. Based on my knowledge of current retail lot values in RVR, and consultation with Mr. Leasure, in my opinion the buyer’s price expectations were materially (15%±) above market and the actual discount was much lower. SALE 2 This was a 2013 bulk sale involving seven of the lots included in Sale 1 and seven more in Block W to the north. The buyer was a very wealthy individual who has purchased several properties in RVR and other areas in Carbondale. According to Karen Toth, this particular assemblage was purchased for protection, as the buyer owns a large residence on the mesa west of River Valley Ranch. However, the fact that she has since sold half of them and has the others listed for sale makes it likely that protection was not the primary motivation. Purchase terms were cash. Future Filing III, Ironbridge Phase 1 Page 39 Blue Heron Properties, LLC Sales Comparison Approach (cont’d) Mr. Leasure and Ms. Toth agreed that the average retail value of the 14 lots included in this assemblage was around $125,000 to $130,000, with a range of around $110,000 to $150,000. At an average retail value of $130,000, the total discount for the bulk sale is 26.4%. SALES 3 AND 4 These transactions also involved the Bowles Gulch sites included in Sale 1. Sale 4, the earlier transaction, involved raw land; terms were cash to the seller. This block was originally approved for 16 lots, but this was subsequently reduced to 15. The estimated average retail lot value was based on September 2008 conversations with Brian Leasure and data gathered for a September 2007 appraisal in RVR. The indicated discount for the raw land was around 39%, the highest of all the sales considered here. This is attributable to the extra expense required to add infrastructure. Multiple sources reported that infrastructure was subsequently added at a cost of at least $800,000, or $53,333 per lot. When the cost of infrastructure is added, the discount applicable to the finished lots was around 23.8%. The buyer in Sale 2 was also the purchaser in Sale 3. With the seller’s estimated total investment of around $4,000,000, this transaction reflected a 66.3% price decline. The buyer’s agent estimated the contemporary average lot value in Block GG at $140,000, and this October 2011 sale reflected an estimated bulk sale discount of 35.7%. Market conditions were considerably weaker at that time, with very slow absorption and expectations of continued value decline. SALES 5 AND 6 These involved 64 sites in the desirable southern portion of RVR. This area has exceptional views, above average privacy, and golf course, pond, and open space influences. The overall blended unit price was $216,003 per lot. Based on contemporary estimates of average retail lot values, supported by nearby sales, the blended price ratio reflected a bulk sale discount of about 16%. These transactions were negotiated in late 2005 and early 2006 and involved normal sale conditions; the later sale evolved out of the earlier transaction and required no independent listing. SALE 7 This involved an assemblage of nine lots located in the northern portion of RVR. It was negotiated in early 2006 and involved phased closings. The first transaction reflected the negotiated price of $116,667 per lot. The later sale involved a discounted price, adjusted to instigate an earlier closing and reimburse the buyer for changes required to the existing water main. I concluded the sale lots had a then-current average retail value of $140,000 per lot, suggesting a blended discount of 22.7%. SALE 8 This was part of a larger transaction that involved Block GG, consisting of raw land approved for 16 single-family sites at that time, and 20 finished lots along the western boundary of RVR. The total purchase price was $4,874,074; terms were cash to the seller. Brian Leasure indicated that $1,700,000, or $106,250 per potential lot ($1,700,000/16 lots), represented a reasonable Future Filing III, Ironbridge Phase 1 Page 40 Blue Heron Properties, LLC Sales Comparison Approach (cont’d) allocation for Block GG, which was previously under contract individually for $1,800,000. Deducting the allocated price for Block GG yields a price for the 20 finished lots of $3,174,074, or $158,704 per lot. Using contemporary sale data, we estimated the weighted average retail value of the 20 finished lots at $240,000. The indicated ratio of price per lot to the estimated average retail lot value is 66.1%, indicating a per-lot discount of around 34%. Analysis of Appropriate Discounts Bulk sales of finished single-family lots reflected estimated discounts ranging from around 13% to 34% of the estimated sum of retail values. With the exception of Sale 4, which involved raw land with entitlements, most transfers occurring between 2005 and 2008 reflected estimated discounts of 15% to 25%. The lowest discounts applied between late 2005 and early 2006 when the single- family land market was particularly strong and steady to rapid price increases were common. A 36% discount applied to a 2011 sale of 15 lots. That sale occurred during a period when there was very little demand and prices were still declining. The most recent sales in March 2013 and March 2015 reflected discounts of 26% to 29%. The current market for residential lots is improving fairly rapidly, with more activity and increasing values evident over the past year or two. The market for existing homes is also quite strong, characterized by limited inventory and increasing values. Value rates are approaching feasibility levels fairly rapidly and projects with existing entitlements will be well positioned to market their sites with more limited competition as absorption improves. Prospects for a return to under- supplied residential markets establishes above average potential for upside performance. Based on these conditions, it is reasonable to conclude that the appropriate bulk discount today should be at the upper end of the range exhibited between 2005 and 2008, and lower than the rate shown in a 2011 sale when market conditions were much weaker. In my judgement, the subject property would sell for around 70% of the sum or the retail lot values if it consisted of finished lots with all infrastructure in place. Based on the estimated sum of the subject’s retail lot values, this suggests a finished bulk value for the subject of around $5,400,000 to $5,865,000. Further deductions are required for estimated costs of infrastructure and discounting associated with the fact that delayed development is warranted under current market conditions. At the beginning of 2015, High Country Engineering estimated costs to complete infrastructure for Phase III at $2,377,522, or $38,976 per lot. At my request, they estimated the cost of currently installed infrastructure at $742,200, or $12,167 per lot. A copy of these estimates is presented in the Addenda beginning on page 54. The total of these two estimates is $3119,722, or $51,143 per lot. I estimated total infrastructure costs for Phase III at $50,000 per lot, or $3,050,000. Deducted from the estimated bulk value of the finished lots, the indicated bulk value of the raw land with entitlements assuming immediate demand existed for development ranges from $2,350,000 to $2,815,000. Further discounting is required based on the fact that subdivision is not immediately feasible. This adjustment reflects the time value of money and the fact that sale revenues would be received further in the future. While this discount might very well be higher, in my judgment rates of 5% to 10% are appropriate. Future Filing III, Ironbridge Phase 1 Page 41 Blue Heron Properties, LLC Sales Comparison Approach (cont’d) A summary of value estimates based on discounting of the subject’s likely retail lot sales is presented in the following table: Estimate of Bulk Value as a Percentage of Retail Sales Low Value Range High Value Range # Lots Avg. Value Sum of Retail Sales # Lots Avg. Value Sum of Retail Sales 61 $126,475 $7,715,000 61 $137,377 $8,380,000 Discount for Finished Lots 30% Discount for Finished Lots 30% Indicated Bulk Value of Finished Lots $5,400,500 Indicated Bulk Value of Finished Lots $5,866,000 Less: Infrastructure Cost $3,050,000 Less: Infrastructure Cost $3,050,000 Indicated Value of Entitled Land Assuming Immediate Demand $2,350,500 Indicated Value of Entitled Land Assuming Immediate Demand $2,816,000 Additional Discount for Holding 10% Additional Discount for Holding 5% Indicated As-Is Value of Raw Entitled Land $2,115,450 Indicated As-Is Value for Raw Entitled Land $2,675,200 Called: $2,115,000 Called: $2,675,000 This analysis generates a range of value estimates for the subject property assuming it consisted of raw entitled land as of the valuation date from $2,115,000 to $2,675,000, or $46,700 to $59,065 per acre. This is generally consistent with the range identified by the few available sales of raw land. Considering the level of uncertainty in today’s markets and the fair quality of available data, in my judgment a value conclusion from the middle of the range is appropriate. I estimated the subject’s value at $52,500 per acre, or $2,380,000 ($52,500/ac. x 45.289 acres, rounded). USPAP requires that I consider and analyze any sale of the subject property occurring within the past three years. The subject was acquired out of bankruptcy with other properties for a stated consideration of $3,220,000 in 2013. I was not provided with price allocations for the various components. Based on this appraisal, it is clear that the value of Phase III and the 50 finished lots in earlier filings of Ironbridge exceeds the purchase price for all components by a considerable margin. This should not be unexpected as the liquidation nature of the auction and expertise required to manage a golf course development severely limits the number of potential buyers. Further, the buyer is responsible for operating the golf course, which is likely to generate negative cash flow for a considerable period of time, closely tied to the ability to collect dues from additional finished lots in the project. Future Filing III, Ironbridge Phase 1 Page 42 Blue Heron Properties, LLC Summary and Final Value Conclusion The objective of this assignment was to estimate the market value of the subject property assuming it consisted of raw land with entitlements as of the valuation date. Value was estimated using the sales comparison approach. While technically applicable to property of this type, the fact that the property’s highest and best use involves a holding period of unknown length makes subdivision analysis unreliable. The sales comparison approach generated a value estimate of $2,380,000. The quality of available sale data is fair, but the ability to approach value on a price per acre and as a percentage of potential lot revenues allowed a reasonably reliable conclusion of value. Based upon the facts, data, and analyses contained in this report, and relying solely on the sales comparison approach, I concluded that, as of April 20, 2015, the market value of the fee simple estate interest in the subject property is: TWO MILLION THREE HUNDRED EIGHTY THOUSAND DOLLARS ($2,380,000) This conclusion is subject to my certification and the general and specific assumptions and limiting conditions set forth on pages 1-3 of this 58-page report. It assumes the subject consisted of raw land with entitlements as of the valuation date. Actual as-is value is likely different. Future Filing III, Ironbridge Phase 1 Page 43 Blue Heron Properties, LLC Leslie T. Gray Certification I certify that, to the best of my knowledge and belief: - the statements of fact contained in this report are true and correct. - the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. - I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. - I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. - my engagement in this assignment was not contingent upon developing or reporting predetermined results. - my compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. - my analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. - the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. - I have made a personal inspection of the property that is the subject of this report. - no one provided significant real property appraisal assistance to the person signing this certification. - as of the date of this appraisal, my state certification has not been revoked, suspended, canceled, or restricted. - As of the date of this report, I, Leslie T. Gray, have completed the Standards and Ethics Education Requirement of the Appraisal Institute for Associate Members. - I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. April 30, 2015 Digitally signed by Leslie T. Gray DN: cn=Leslie T. Gray, o=Appraisal/ Consulting, ou, email=lestgray@gmail.com, c=US Date: 2015.04.30 11:11:43 -06'00' Leslie T. Gray Certified General Appraiser Colorado License No. CG1315525 Future Filing III, Ironbridge Phase 1 Page 44 Blue Heron Properties, LLC Addenda Future Filing III, Ironbridge Phase 1 Page 45 Blue Heron Properties, LLC I O.l •"s "IOlA-IJllV.j -O)tA;l:llMOHof OH- '101.U'>nHll.\VU...,.Ll•I ':)NI ' Nl 33Nl N3 AJ.NnO:) HIH Plat Future Filing Ill, lronbridge Phase 1 Page 46 Blue Heron Properties, LLC I O.l •"s "IOlA-IJllV.j -O)tA;l:llMOHof OH- '101.U'>nHll.\VU...,.Ll•I ':)NI ' Nl 33Nl N3 AJ.NnO:) HIH I I sg : _;!_-__.·..:....;.;:...;_..;..;;-...; -_- . . _ - -- - -- . I }' Plat Future Filing Ill, lronbridge Phase 1 Page 47 Blue Heron Properties, LLC I O.l •"s "IOlA-IJllV.j -O)tA;l:llMOHof OH- '101.U'>nHll.\VU...,.Ll•I ':)NI ' Nl 33Nl N3 AJ.NnO:) HIH ? Il § I : I ' J ,._...._ -'--!._ I I Plat Future Filing Ill, lronbridge Phase 1 Page 48 Blue Heron Properties, LLC Applicablllty To carry out the purposes and provisions of the Garfield County Zoning Regulations, as amended,the Ironbridge Planned Unit Development (PUD) Zone District is divided into the followi ng zone district classifications: • River Residential 1Zone District (PA's 3 & 8) • River Residential 2 Zone District (PA 9) • 20,000 Square Foot (Minimum) Residential Zone District (PA'S 2, 4, & 15) • 15,000 Square Foot (Minimum) Residential Zone District (PA's 1,5, 10, 12, 13, 16, 17 & 18) • 9,000 Square Foot (Minimum) Residential Zone District (PA's 6, 7, 11, 14, 19, 21) • Medium Oen.sity Residential Zone District (PA 19 & 22) • Club Villas ResidentialZone District (PA 20} • Common Open Space Zone District Golf Course • Common Open Space (General) Zoning Districts 1. Riv er Residential 1Zone District intent: Individuallot ownership with single family detached residential structures Permitted Uses:Single·filmily residential units; with one allowable accessory detached habitable structure consisting of one bedroom,studio, orworl< shop together with one bathroom, and the gross floor area of which shallnot exceed 300 sq. ft.,to be called a "Casita Unit". Each Caslta shall be used and or occupied exclusively by the owner(s) or the family members and guest(s) of the owner(s) of the subject lot. The casita shall not contain any kitchen facilities and shall not be leased; non-habitable accessory buildings and structures; home offices; sales/marketingcenter; public and private roads; Private Open Space Easements;open space; utility and drainage easements. Minimum lot size: 0.70 acres IRONBRIDGE PUO -Sixth Amended and Restated PUO GUIDE Page3of 11 Zoning Future Filing Ill, lronbridge Phase 1 Page 49 Blue Heron Properties, LLC . Maximum building height: 35' Minimum lot width: 175',except for lots which are narrower due to added depth Minimum lot depth 175'. except for lots which are more shallow due to available depth between road and wet land/boundary 30' from ordinary high watermark Minimum primary building setbacks: Front: 40'for lots that are a minimum of 200' deep;30' for lots less than 200' deep Rear: SO' for lots that are a minimum of 200' deep; 25' for lots less than 200' deep Side: 30' for lots 200' minimum width; 25' for lots less than 200' in width Parking: A minimum of 4 off street parkingspaces must be provided for each primary residential structure; this requ rement may be satisfied by the garage and/or driveway . Density: 21 Units Other: Building envelopes varying from the above described setbacks may be finalized at the time of the flnal subdivision platting. · 2. River Residentia l i Zone District Intent: Individual lot ownership with single family detached residential structures. Permitted Uses: Single-family residentia l units;with one allowable accessory detached habitable structure consisting of one bedroom,studio, or work shop together with one bathroom,and the gross floor area of wh ich ·shall not exceed 300 sq. ft., to be called a ucasita Unit". Each Casita shall be used and or occupied exclusively by the owner(s) or the family members and guest(s) of the owner(s) of the subject lot. The casita shall not contain any kitchen facilities and shall not be leased; non-habitable accessory buildings and structures; home offices; sales/marketing center; public and private roads; Private Open Space Easements; open space; utility and drainage easements. Minimum lot size: O.SO acres Maximum building height: 35' Minimumlot width: 100' Minimum lot depth 175', except for lots which are more shallow due to available depth between road and wetland/boundary 30' from ordinary high watermark Minimum primary building setbacks: Front: 35' for lots that are a minimum of 175' deep; 25' forlots less than 175'deep Rear: 50' for lots that are a minimum of 175' deep; 25'for Jots less than 175' deep Side: 30' for lots 150' minimum widt h;20' for lots less than 150' in width Parking: A minimum of 4 off street parking spaces must be provided for each primary res dent al structure; this requirement may be satisfied by the garage and/or driveway. IRONBRIDGE PUO -Sixth Amended and Restated PUO GUIO€ Pag 4of 11 Zoning Future Filing Ill, lronbridge Phase 1 Page 50 Blue Heron Properties. LLC Density: 17 Units Other : Building envelopes varying from the above described setbacks may be finalized at the time of the final subdivision platting. 3. 20,000 Square Foot Residential Zone District Intent: Individual lot ownership with single family detached residentialstructures. Permitted Uses: Single-family residential units; with one allowable accessory detached habitable structure consisting of one bedroom,studio,or work shop together with one bathroom, and the gross floor area ofwhich shall not exceed 300 sq. ft.,to be called a "Casita Unit".Each casita shall be used and or occup'ed eKclus vety by the owner(s) or the family members and guest(s) of the owner(s) of the subject lot.The casita shall not contain any kitchen facilities and shall not beleased; non-habitable accessory buildings and structures; home offices;sales/mar1<etl ng center; public and private roads; Private Open Space Easements;open space; utility and drainage easements. Minimumlot size: 20,000 square feet Maximum building height: 35' Minimum lot width: 80', measured at front building line Minimum lot depth : 150' Minimum primary building setbacks : Front: 30' Rear: 20' Side: 10' Parking:A minimum of 4 off street parking spaces must be provided for each pr mary residential structure; this requirement may be satisfied by the garage and/or driveway. Density: 27 Units Other:Building envelopes shall be finalized at time of subdivision. 4. 15,000 Square Foot Zone District Intent: Individual lot ownership with single family detached residential structures . Permitted Uses: Single-family residential units;with one allowable accessory detached habitable structure cons stingof one bedroom,st udio, or work shop together with one bathroom,and the gross floor area of which shall not exceed 300 sq. ft.,to be ca lled a "'Casita Unit".Each Caslta shall be used and or occupied exclusively by the owner(s) or the family members and guest(s) of the owner(s) of the subject lot. The casita shall not contain any kitchen facilities and shall not be leased; non-habitable accessory buildings and structures; home offices;sales/marketing tenter; public and private roads; Private Open Space Easements;open space; utility and drainage easements. IRONBRIDGE PUO -SiJCth Amended and RM!at PUD GUIOE Pages of 11 Zoning Future Filing 111, lronbridge Phase 1 Page 51 Blue Heron Properties, LLC or Fee,o.oo llll llJi1P .Ml Ml(f,(ll l.1· · 't1M.1fLll 11 111 Receptlon• : 847515 Ol/26/2014 11.11. 26 AM Jean Q lberJco 9 · Roe Feo .$0.00 Ooo GRRFIELO COUITY co Minimum lot size: 15,000 square feet Minimum lot width: 80', measured at front building line Minimumlot depth: 120' Maximum building height: 35' Minimum primary building setbacks : Front: 30' Rear: 20' Side: 10' Parking: A minimum of 4 off stret parking spaces must be provided for each primary residential structure; this requirement may be satisfied by the garage and/or driveway. Density: 70 Units Other. Buildingenvelopes shall be finalized at time of subdivision. s. 9,000 Square Foot Zone District Intent: Individual lot ownership with single family detached residential structures and Affordable For- Sale Residential Dwelling Units. Permitted uses: sr ngle-family residential units; deed restricted slngle family residential units complying with the requirements of the Garfield County Affordable Housing Regu ations and Guidelines.(Sections 4.07.15.01and4.14,Garfield County Zoning Resolution of 1978, as amended); non-habitable accessory buildings and structures;home office; sales/ma rketing center; public and private roads; open space; utility and drainage easements. Minimum lot size: 9,000 square feet Minimum lot width: 175',measured at front building line Minimum lot depth : 90' Maximum building height: 35' Minimum primary building setbacks : Front: 25' Rear: 20' Side: 10' For lots in Planning Area 19: Front : 10' Rear: 20' Rear: 10' IRONBRIOGE PUO -Sixth Amended and Restated PUO GUIDE Page 6of ll Zoning Page 52 Future Filing Ill. lronbridge Phase 1 Blue Heron Properties. LLC 1111 w.1 .1l'ff1t11' 1·,1tt1.;. 1rJhl w :·m1J 1fliwi 11111 Reception :847515 03/25120 1' 11:11:25 API Jt1a.n Ql berl co to or tS Rec Fee.$0 00 Doc ..,o 00 GARf lElO COU. TV CO Parking:A minimum of 2 off street parking spaces must be provided for each primary residential structure; this requirement may be satisfied by the garage and/or driveway. Density: 36.Units Other: Bui ding envelopes shal l be finalized at time of subdivision. 6. Medium Density Zone District Intent: Individual lot and unit owners hip with single family/multi-family residential structures and Affordable For Sale Residentlal Dwelling Units. Permitted Uses: Single-family residential units with one allowable accessory detached habitable structure consisting of one bedroom,studio, or work shop together with one bathroom,and the gross floor area of which shall not exceed 300 sq. ft.,to be called a •casita Unit". Each Casita shall be used and or occupied exclusively by the owner(s) or the family members and guest(s) of the owner(s) of the subject lot. Caslta units are not allowed in PA 22. The casita shall not contain any kitchen facilities and shall not be leased. Multi-family residential units; deed restricted single family residentia lunits complying with the requirements of the Garfield County Affordable Housing Regulations and Guidelines. (Sections 4.07. S.01and 4.14, Garfield County Zoning Resolution of 1978, as amended); attached and detached non-habitable accessory bui dings and structures; home office; sales/marketingcenter; time share or fractionalownership units; public and private roads;open space; utility and drainage easements. Minimum lot size: 4,000 square feet for detached units; no minimum lot size for attached units - common ownership of open areas Including parking areas within this z.oneIs permitted. Minimum lot width (detached): 35',measured at front building line Minimum lot depth (detached): SO' Maximum buildine height: 35' Minimum setbacks from lot lines: For Planning Area 19: Single Family Front: 10' Rear:15' Side: 5' Multi-Family Front: 10' from street Rear ; 15' Side: O' with 10' minimum between primary structures, excluding attached units IRONBRIDGE PUO -Sixth Am onded and Restated PUO GUIDE Page 1of 11 Zoning Future Filing Ill, lronbridge Phase 1 Page 53 Blue Heron Properties, LLC IRONBRIDGE Sl!BDIVISI ON -PHASE 3 High Country Engin eering, I nc SUMM'-R:Y OF ENGINEER'S ESTIMATED PRELIMI NARY CONSTRU(TION COS'!' JUI) J 5. 20H HC.EJOB NO:2HI026.no J '.Wro.s 'C'b ,2 1 ... 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, : ,: !, ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::: r:::::q:::::i:::::::::::::::::::: !} ?.;:::::::::::::::::::: :1! ...........................................................................................r....···············r············r···················..r --..si o1-,;i5·o:<io Shallow Utilitie11 4' Shallow Ut ility Trnch ; 2,860; L.F ; $8 00; $22.880.UO 4-.:c·1;;ci;i<:.C"o;;ciii·;,;Si-.ii1:ti;a;;·(co- ci,iii·rni-ishoii·li;; 1i1ii;:5··················y·············s-:Mo1·····ci,.....T..............s4-.Scif ·······s-i.<;T;o:cio .s ti ;·-.;;;;c ·i,;c-·······································································y···················t',T····cs:····T·····s·1·s:ofo<;c1r ··············$·o:iio ···················································································-r ···················r···········y·····················r····················· ··························································································T········-···········r·············r·········---····-···r·······s4ii;is·o:<io T()tal / n,\talled /11.frastrucrure as <ifAp ril, 2015. 1«1tul l 11stnlkd l11frn 1 r11ct ur Price Es1imu1c $742.200.00 T11is 1tiiciug. is h11 t1lfof<lita111:ca-1lc11lu1iuus fiu111goo lc. nh, u hnillcwcr 1md \\ utca 1Jlun:t and dili nu(t-.<l iu!trnlJoi i nu ('frurh .md \mi:t.asphuli itomtli u dCl OUJ\U\I S. 'Jl\l.s l. oo)y 1lfl \.stiJTl'tlC.11t1d OU) !lOl ilHdUJ\." 10115 oft.h llb\1$ Ul.MO llo:J Ou t.h.t: 5U u:s O f10 l 5. l'nG1Ur. Hr hib'l.'d oU"ofi:.oi;t&-'"t.1\llO Cc'llt HI Y tflr phibc:Jll Estimated Cost of Existing Infrastructure Future Filing Ill, lronbridge Phase 1 Page 55 Blue Heron Properties, LLC Qualifications of Leslie T. Gray Certified Real Estate Appraiser Education & Professional Advancement Licensed by State of Colorado as a Certified General Appraiser (CG1315525) Practicing Affiliate, Appraisal Institute, Account #24301 University of Colorado, Boulder; B.S. Business, Cum Laude (1975) Appraisal Institute Courses and Seminars: National 7-Hour USPAP Update, 2014 (most recent) Online Advanced Internet Search Options, 2014 Online Forecasting Revenue, 2014 Online Cool Tools: New Technology for Real Estate, 2014 Online Small Hotel/Motel Valuation, 2014 Online Subdivision Analysis, 2011 Site Valuation and Cost Approach, 2011 Online Analyzing Operating Expenses, 2008 Online Feasibility, Market Value, Investment Timing, and Option Value, 2008 Residential Market Analysis and Highest and Best Use, 2005 The Appraiser as an Expert Witness: Preparation and Testimony, 2005 Business Practices and Ethics, 2009 (most recent) Standards of Professional Practice, 2002 Advanced Income Capitalization, 2000 Highest and Best Use & Market Analysis, 1998 Report Writing and Valuation Analysis, 1994 Course 1-A, (American Institute of Real Estate Appraisers), 1979 Experience Self-Employed from February 1985 to present; includes three years as independent appraiser for Arthur Gimmy Company, Inc., San Francisco, California. Partner, High Country Appraisal Associates, Aspen, Colorado, July 1979 to April 1984. Appraisal consultant to Alpine Appraisal and Pitkin County Assessor, July 1978 to July 1979. Staff Appraiser, Pomeroy Appraisal Associates, Syracuse, New York, 1975 to 1977. Appraisal experience in a wide range of property types, including vacant land, single-family residential, multi-family residential, hotels/ motels, residential care facilities, office buildings, retail, restaurants; neighborhood, community and regional shopping centers; resorts, ski areas, convalescent hospitals, tennis clubs, spas, casinos, ranches, warehouse, business park, truck terminals, manufacturing plants. Court Experience Testified as expert witness on real estate values before Pitkin and Garfield County District Court (Colorado) Future Filing III, Ironbridge Phase 1 Page 56 Blue Heron Properties, LLC Qualifications of Leslie T. Gray (cont’d) Clients U.S. Bank; Bank of America; Vectra Bank; Alpine Bank; Wells Fargo Bank; Community Banks of Colorado; Timberline Banks; AmerUS Capital Management Group; Bank of Colorado; ANB Bank; Town of Basalt; Roaring Fork School District; Roaring Fork Transportation Authority; private owners, attorneys, and developers. Future Filing III, Ironbridge Phase 1 Page 57 Blue Heron Properties, LLC Appraiser’s License Future Filing III, Ironbridge Phase 1 Page 58 Blue Heron Properties, LLC An Employee Owned Company 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970.945.8676 phone 970.945.2555 fax www.hceng.com Civil Engineering Land Surveying May 22, 2015 Garfield County Community Development Department c / o K a t h y E a s t l e y 108 8th Street, #401 Glenwood Springs, CO 81601 RE: Offsite Road Improvement Fess Paid To Date – Ironbridge Subdivision Kathy: The Ironbridge Subdivision has completed multiple offsite roadway improvements that benefit the public Right of Way system. These improvements were focuses around the 2001 and 2002 time period and include CR 154/Highway 82 intersection widening, acceleration and decelerations lane additions and a traffic signal installation. Multiple improvements along CR 109 adjacent to the subdivision were also made, including lane widening for the subdivision that created new sections of asphalt roadway, replacing the old asphalt that was wearing and would have required repair by the County. Drainage improvements were also made along CR 109 to allow for the west roadside swale to function properly and transfer water through the new subdivision. Attached is the original, unsigned, contractual agreement for these road improvements to be completed by Gould Construction. This is not an engineer’s estimate of the work, this the actual agreed upon bid amount for the work to be completed. Please feel free to call or email to discuss any question you may have. Sincerely, Matt Langhorst, P.E. High Country Engineering, Inc. County Road 109 / County Road 154 Project No. 2000075.02 A - 1 AGREEMENT THE AGREEMENT, made this day of , 2001, by and between L.B. Rose Ranch, LLC hereinafter called "OWNER" and Gould Construction, Inc. doing business as a corporation hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the construction of the Rose Ranch P.U.D. – County Road 109 / County Road 154 Project 2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence and complete the work required by the CONTRACT DOCUMENTS as stated in the NOTICE TO PROCEED dated 2001, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ 1,933,960.24 . 5. The term "CONTRACT DOCUMENTS" means and includes the following: INVITATION TO BID INSTRUCTIONS TO BIDDERS BID BID BOND AGREEMENT PAYMENT BOND PERFORMANCE BOND NOTICE OF AWARD NOTICE TO PROCEED CHANGE ORDER GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS SPECIFICATIONS prepared by High Country Engineering, Inc. ADDENDA: Those sections applicable to this contract in Addendum Numbers 1-8 DRAWINGS prepared by High Country Engineering, Inc., numbered Sheets 1 through 80. 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. County Road 109 / County Road 154 Project No. 2000075.02 A - 2 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three (3), each of which shall be deemed an original on the date first above written. (SEAL) OWNER: ATTEST: L.B. Rose Ranch, LLC BY Name Name William J. Hatch (Please Type) (Please Type) Title Title Managing Principal Address c/o Gate Capital, LLC 650 Delancy Street San Francisco, CA 94107 Telephone (SEAL) CONTRACTOR: ATTEST: Gould Construction, Inc. BY Name Name Mark Gould (Please Type) (Please Type) Title Title Owner Address P.O. Box 130 Glenwood Springs, CO 81602 Telephone (970) 945-7291 I 'I July 15, 2014 IRONBRJDGE SUBDIVISION -PHASE 3 High Country Eflgineerlng, Inc SUMMARY OF ENGINEER'S ESTIMATED PRELIMfNARY €.O:tlS1R1:JCr 10N COST HCE JOB NO: 2141026.00 J:\Plojocb\2Hll02616""d \Cos11lill l4 l026Ph1111-2J-15 ii'iiM .................................................................................................. 'fQi:iA:Ni'ii'v ........ ; .. ···IDiii'"··-r-··LiNiiccis:r·· .. T ··· .... cosi' ....... . 'Gradlrlf/ and Eanhwork 'l)omest/a ·Wattr I -pipe price ino lud .. trcnching nnd fillings··· ; ; ; ; ii·;·5:c:·r·:ci;;;;·52·,;;;i~-,-;;,·~1~·····································································r·················i:iiao!··· .. T~r:·····r················iso:oar··········$49.9so:oo OO•OOUtUOOOO O OO ••o oo ooo•o o ooo .-ooooOo O •Oo •>••O>OO OOOOoOoooooooo oo oOo•o ooOo oooooo0•00 00001100IOOOOO•O·O·OO._Otoo.OOO"-OO oo oo oo oo oo o oooo oJo o oooooo o o oo ooo o -':'O o oo o •o•o0~oOOOOO-OOOOOO -!O-O Oo0 *'00 ""°"''U"OOo0000•00 ~.:.?.~~~-~?.1.~~ ......................................................................................... i ...................... ~i ...... ~~~~ ..... ~ ............. ~! .. ~~~:~?.1 ............. ~~ .. z~.~:~ 10" D.l.P .. ClassS2 water moln ; 2,625 ! Boch ; $64 .00! $168,000.00 io;.-o;;i~·v;i~.;······ .. ·········· .. ··································································T · .................... 9r ····'L:i;: .. ···r· .. ········si'.7so:0or·········s24:1so:oo ~i:.:~:~r~'.~~:~:~~~~!~!r::~!.~~:~~1~:Y.~!~~:::::::::::::~::::::::~:::::::::::::::::::::::::::::r::::::::::~:::::::!~L::::~~~::::r::::::::::~~.~~:~r:::::::::¥.~~~~~ 1" Waler Service w/ Singlo.Mc1cr P i l ; 45; Encb j $?50.00! $42,750.00 ~~J;~!f ;~~~~~~%~~~i:~~~~~~::~::~~::~:~~~:~:::::~:::~:::~:::~::::::::::~::~:::~:~:::~t:~::::::::~~:::::::][::J~~r1::~~:::::~:~~i;~~[::::::::~~~:~'.~ ........................... ._ ..................................... _. ................................................ i ... ~··········· ... ······· ... ··: ........................ ~ ......................... ; ................ ,_,.,_,,,_,_,, ! : : ; $389,230.00 -·-price inchJ<lCll 1rc11ching nnd fillings--! ; ; ; 11·•·si»R:3;·:s;,~;;c;·r;ii~··· ........................................................................... f ................. 2:rnT· .... c;;:····T···············faa:ool"····· .. ··ss2.2 i".i:oo ·Y~:~:~·:~?~?!~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::r:::::::::::::::::::~~i:~:::~E:::::::::::::::::~•:.~~:¥.L::::::::¥±.~-:o.~:O.:?~ Connect to lllOSJing Sewer Monholc ; I i Ench ; $3,000.00; $3,000,00 .i·• .. <.;;;~;:s~~r~~·········· .......................................................................... 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''''"''"' 5' S1orm M!lllhole ; 11 ; Each ! $3,600 00; S39,600.00 f.~~~~~~.~~~t~:~ii~~~i~~~i=~~:i~:~::~:~::::::::::::::::::::::::::::::::::::::::::::::1::::::::~::::~:::J1::::::;~~EI:::::::::::~~~~'.§~E:::::::::.~~~;~ Type L Rrp Rnp ; so; CY. ; $165 00! .$8 .250.00 Pfp;~ii·r~~·~;;i1,;3·5;,;i;,·~s~·1'iii.ii ................................................................. r ................... 4i4l"····cc· .. r··············54i:oor .......... si6.m:oo :::::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::r::::::::::::::::::::::~::::::::::::::r:::::::::::::::::::::::r:::::::~;:~~.~~:~~;~ rshal/llW Utilities I 4'ShollowU1ility'l'rcnch ; 6,727! LI'. ! $8.00! $53.816.00 t~.~!.~~~~i:~t:l::::~~:::::::~:~:::~~:'.:::'.~:~:·~~::~::::::~~::::::::::::::::::::::::::::::::r::::::::::::::::'.:::r:E::::~::::::r:::::::~;:~;:.~;~r:::::::~~~~;~ : : : ! ·············································································-···· .. ·········•····· .. ····1························:················;······ ................... 1·········sl"o!>,oiii:So I .......................................................................................................... L ....................... L ................ L. ....................... L ..... ~.~:??.?!~?~:~~ i Conlingcncy (10%) ; $199,789.07 :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::r::::~~:~~~~~!'.~~:~~!'.~~~~:~~~~~!~~~:~:~~r:::::r::::::~!~!.~:·:~:~~ : Mobrliu mon : Sl0.000.00 ···································-·~· .. ······ ................................................................... ;·····"····--·····~·····--·r·--··"·'"'""1''''.'""''"'""'''''"'"''1'''''''''' .............. . ......................................................................................................... T ............ _. ....... T ............... ;·························r-· .. ··si:3·fr.52·i:s·i ..................................................................................................................................... i ................. * ......................... ( ....................... .. Cost per Unit l 61 l Units l ; S 3° 11~ bH15. and lhc cst•male do not IMC l11dc ('najnecdng ~l\'kC:i. !tlf\'cying, 1ap fees, cons1ruc11on adnuruslralton or u11l11y son costs. High Country Hrt!iinccrh:i& Inc . (:::l.BD(>I: be he-Id ~spo rt\ \. Cf Ill ~~llCCI from 1ls cstunatc as aclual costs may vary due lo bidding, l"inal conlracUng and markcl Jluclualmns "'-.. ~ V • .. ... ... ..,''1$ (:';, a.r •• 'ANG'• ~ !:fl;)'' ~ ~--'l~,'t;'~ )"·I f 01>\ ,,. /·r .... lfl , ._ : ,_ ~,,.., -I : a: ·~ '""~· IJ.I '. "j. ,'};E ,/~ ·aN~~~~ 1of1 1111111111111111111111111111111111 f llll ltl 1111111111111 623133 03/18/2003 04:07P B1447 P884 M ALSDORF 1 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR IRONBRIDGE This Restated Declaration of Covenants, Conditions Restrictions and Easements for Ironbridge (this "Restatement") made this~"'' day of / ,~ , 200 .3, revokes in its entirety the Declaration of Covenants, Conditions, Restriction and Easements for The Rose Ranch P. U .D ., Phase I , recorded September 11, 2000 in Book 1206 at Page 662 in the real property records of the County of Garfield, State of Colorado (the "Revoked Declaration"). The Revoked Declaration shall be replaced by this Restatement. WITNESS ETH: WHEREAS, Roaring Fork Investment, L.L.C., the declarant under the Revoked Declaration conveyed the Property to LB Rose Ranch LLC, a Delaware Hmited liability company. Pursuant to this Restatement, LB Rose Ranch LLC, as the sole owner of the Property, revokes and terminates the Revoked Declaration including all of the interest of Roaring Fork Investment, L.L.C. as Declarant under the Revoked Declaration. WHEREAS, LB Rose Ranch LLC (the "Declarant") desires to create a Planned Community pursuant to the Colorado Common Interest Ownership Act on the Property, the name of which is "lronbridge." NOW, THEREFORE, Declarant hereby makes this DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR IRONBRIDGE (the "Declaration") as of the date of recording in the real estate records of the Clerk and Recorder of Eagle County, Colorado: 1. The instrument attached hereto as Schedule I and incorporated herein by reference, as amended by the following terms, shall constitute the Declaration and shall govern the Property. 2. Definition of Certain Defined Terms. Section 2.1 of Article II of the instrument attached as Schedule I, is hereby amended by (a) revising the definitions of "Articles", "Association", "Declaration" and "The Rose Ranch" by deleting any reference in such definitions to ''The Rose Ranch" and substituting in its place ''lronbridge"; and (b) revising the definition of "Declarant" to delete the reference to "Roaring Fork Investments, L.L.C., a Colorado limited liability company" and substituting in its place "LB Rose Ranch LLC, a Delaware limited liability company." 3. Change of Name. The name of the Project is hereby changed to "Ironbridge". All references to "The Rose Ranch" in the Declaration, including, without limitation, the first sentence of Section 3 .1 and Section 3 .2 of Article III of the instrument attached as Schedule I are I llllll lllll llllll llll llllll llllll llllf 11111111 f 1111111 623133 03/18/2003 04:07P B1447 P885 H ALSDORF 2 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO revised to read "Ironbridge" to reflect the change of the name of the Project. 4. Domestic Water. Section 4.14 of the instrument attached as Schedule I shall be deleted in its entirety and the following text shall be substituted in its place. "Water shall be supplied to each Lot by a water system which is owned, operated and maintained by the Roaring Fork Water & Sanitation District. The water so supplied shall be used for domestic in-house use only and for irrigation of not more than 500 square feet of landscaped area.,, 5. Easement for Private Amenities. The following sentence shall be added to the end of Section 8.17 of Article VII of the instrument attached as Schedule I: "Members and other permissible users of the Private Amenities shall have the right to a perpetual, unrestricted non-exclusive easement across and through all Common Areas for purposes of pedestrian access to and from the Roaring Fork River and for fishing and other pedestrian activities along and on the Roaring Fork River." 6. Maintenance. a. The first sentence of Section 9.1 (B) and Section 9.5 of Article IX of the instrument attached as Schedule I, shall be amended by adding the Phrase "(including, without limitation, landscaping )" after the word "improvements" in each sentence. b. In addition, the following sentence shall be added at the end of Section 9.1 (B): "In the event that the improvements on a Lot are damaged or destroyed by an event of casualty, the Owner shall be obligated to take immediate and reasonable measures to diligently pursue the repair and reconstruction of the damaged or destroyed improvements to substantially the same or better condition in which they existed prior to the damage or destruction." 7. Design Review. a. The last sentence of Section 16.6(E) of the instrument attached as Schedule I is hereby deleted in its entirety. b. The phrase "or deposit(s)"shall be added after the word "fee(s)" each time it appears in the second sentence of Section 16.7 of the instrument attached as Schedule I. The following sentence will be added after the second sentence of Section 16.7: ''The Design Review Board will also have the right to require a deposit for each improvement subject to its review, in an amount which may be established by the Design Review Board from time to time, and such deposits will be held as security to ensure that the construction of the improvements comply with plans and specifications approved by the Design Review Board and to act as a reserve 2 1111111111111111111111111111111111 lllll Ill lllll llll llll 623133 03/18/2003 04:07P 81447 P886 M ALSDORF 3 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO against possible damage to common improvements which may occur during construction. If the improvements fail to comply with such plans, the Design Review Board may retain the deposit to pay for its enforcement rights set forth in Section 16. IO." 8. Use Restrictions. a. Signs. The final sentence of Section I 7.l(F) of the instrument attached as Schedule I is hereby deleted and a new sentence is added in lieu thereof, reading as follows: "No "For Sale" or "For Rent" sign may be posted on any Lot, except for those in strict conformance with the Design Guidelines as published by the Design Review Board." b. No unsightliness; Clothes Drying; Sporting Equipment; Children's Recreational Equipment. Section 17 .1 (N) of the instrument attached as Schedule I is hereby deleted and a new section is added in lieu thereof, reading as follows: "All unsightly structures, facilities, equipment, objects, and conditions, including sporting equipment (e.g. skis, snowboards, bikes, mountain bikes, kayaks, etc.), and snow removal, garden or maintenance equipment except when in actual use, shall be kept in an enclosed structure or in a screened area approved by the Design Review Board. No laundry or wash shall be dried or hung outside any residence. Equipment intended for children's recreational use, such as basketball standards, swing sets, and slides, must also be approved in advance by the Design Review Board. Such equipment need not be screened if it is constructed of natural materials such as wood, stone, metal, etc., and if it is painted or stained in earthen tones (natural woods, greens, browns, black, etc.). If such equipment is constructed of non-natural materials such as plastic, or if the equipment is other than earthen tone in color, it must be effectively screened from view from other Lots and from common area and public parks and other public areas including streets, bike paths, and the Golf Course." c. Motorized Vehicles. The reference in the first sentence of Section 17.1(0) of the instrument attached as Schedule I to "trucks with a capacity of one-half ton or less" shall be changed to "trucks with a capacity of three-quarter ton or less." In addition, the following sentence will be added at the end of Section 17.1(0): "No more than two permitted vehicles per residence may be parked within the Project outside an enclosed garage, and such vehicles must be parked on the driveway of the residence or in a designated parking area on the adjoining public street. Additional permitted vehicles not belonging to the Owner or occupant of the Lot may be parked in the driveway or in designated parking areas on the public streets during special occasions, but only for the duration of the occasion. No vehicles of any kind may be parked in any location on a Lot except on the driveway or within an enclosed structure." d. Water Use. Section 17.l(BB) of the instrument attached as Schedule I is hereby deleted in its entirety." e. Occupancy Limits. The following text shall be added as a new subsection 3 I llllll lllll llllll llll llllll llllll lllll Ill lllll llll llll 623133 03/18/2003 04:07P 81447 P887 M ALSDORF 4 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO 17 .1 ( GG) of the instrument attached as Schedule I: "Occupancy Limits. Each Lot shall be improved, occupied and used only for single-family residential purposes, except that a duplex, townhome or condominium may be built and occupied upon a Lot designated therefor, and an accessory dwelling unit may be built and occupied upon or in a Lot designated therefor. Occupancy of each dwelling unit on the Property shall be limited to (i) no more than two (2) principal adults, (ii) the legal dependents of one or both of said principal adults, (iii) no more than two (2) additional family members (adults or legal dependents) who are related by blood to said principal adults, and occasional guests. Employees who care for the residence or who care for the legal dependents may also occupy the residence. For purposes hereof, "related by blood" shall mean the following relationships, but no others: grandparents, parents, brothers and sisters, mmts and uncles, and nephews and nieces. Accessory dwelling units are strictly limited to occupancy by no more than two (2) adults and the legal dependents of one or both of said adults." f. Garbage and Trash and Compost Containers. The following text shall be added as a new subsection 17 .1 (HH) of the instrument attached as Schedule I: "No refuse, garbage, trash, grass, shrub, or tree clippings, plant waste, scrap, rubbish, or debris of any kind shall be kept, stored, maintained or allowed to accumulate or remain on any Lot or on the Property except temporarily within an enclosed structure within the building envelope approved by the Design Review Board, except that any approved container containing such materials may be placed next to the street on the designated morning of garbage collection and must be returned to its enclosed structure that same day. No garbage containers, trash cans or receptacles shall be maintained in an unsanitary or unsightly condition, and except when placed for pickup they shall not be visible from another Lot, community park or common area." 9. Leasing. The following subsection shall be added to Section 17.4 of Article XVII of the instrument attached as Schedule I: "(xi) All leases must cover the entire residence being leased or, in the event the lease relates to an accessory dwelling unit, it must cover the entire accessory dwelling unit . No leases of portions of a residence or accessory dwelling unit shall be permitted." 10. Tradename or Logo. Section 17 .8 of the instrument attached as Schedule I shall be revised to add the name "Ironbridge" as a protected name under this section. 11. Enforcement. Section 17.7 of Article XVII of the instrument attached as Schedule I shall be revised by adding the following phrase at the end of the second sentence: 4 I llllll llllf llllll llll llllll 11111111111 Ill 1111111111111 623133 03/18/2003 04:07P 81447 P888 M ALSDORF 5 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO ", including but not limited (a) to the imposition of reasonable and uniformly applied fines and penalties, and (b) excluding violators from the Common Area or from enjoyment of any Association functions, or otherwise." 12. Real Estate Transfer Assessment. Section 11. I 4 of Article XI "Real Estate Transfer Assessments" of the instrument attached as Schedule I is hereby deleted in its entirety and a new Section 11.14 is inserted in lieu thereof, reading as follows: Section 11.14 Real Estate Transfer Assessment. Upon the occurrence of any transfer, as defined below, of an improved or unimproved Lot within Ironbridge (excluding, however, gifts, transfers for estate planning purposes, the second transfer in an IRC Section I 031 exchange (provided that the transfer assessment has been paid with respect to the first transfer), transfers by court order or by will or intestacy, transfers to the Association, transfers from Declarant to an affiliate of Declarant for the purpose of such affiliate developing, operating or holding for resale the real property subject to such transfer and any other transfers subject to specific exclusions as adopted by action of the Executive Board), the transferee under such transfer shall pay to the Association a real estate transfer assessment (the "Transfer Assessment") equal to one-quarter of one percent (0.25%) of the fair market value, as defined below, of the Lot subjected to transfer in accordance with the terms and procedures set forth below and such other uniform and customary procedures, limitations and exclusions as may be adopted by the Executive Board from time to time. A. Purpose and Use of Funds. All proceeds from the Transfer Assessments shall be contributed to the Ironbridge Foundation to support philanthropic and charitable organizations, activities, facilities, events or operations benefiting the general community or the quality of life at Ironbridge, including, without limitation, public education, open space preservation, conservation and environmental measures and other educational, charitable or philanthropic endeavors. The Ironbridge Foundations is a nonprofit entity formed for the purpose of overseeing and administering the proceeds of the Transfer Assessment in accordance with this Section and its governing documents. Notwithstanding the foregoing, in the event the Ironbridge Foundation has not been organized and empowered to accept monies at the time that a Transfer Assessment is collected, the Association shall hold all such proceeds in trust and remit them to the Ironbridge Foundation upon formation. B. Definitions. (i) Transfer. For purposes of this Notice of Levy, "transfer" means and includes, whether in one transaction or in a series of related transactions, any conveyance, assignment, lease of 30 years or longer or other transfer of beneficial ownership of any Lot, including but not limited to (i) the conveyance of fee simple title to any Lot (including any conveyance arising out of an installment land contract or a lease containing an option to purchase), (ii) the transfer of more than 50 percent of the outstanding shares of the voting stock of a corporation which, directly or indirectly, owns one or more Lots, and (iii) the transfer of more than 50 percent of the interest in net profits or net losses of any partnership, limited liability company, joint venture or other entity (each referred to hereinafter as a "Business Association") (other than Declarant) which, directly or indirectly, owns one or more, but "transfer11 shall not 5 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P889 M ALSDORF 6 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO mean or include the transfers excluded from the Transfer Assessment as described in this Section. (ii) Transferee. For purposes of this Notice of Levy, "transferee" means and includes all parties to whom any interest in a Lot passes by a transfer, and each party included in the term "transferee" shall have joint and several liability for all obligations of the transferee under this Section. (iii) Fair Market Value. "Fair market value" of the Lot subjected to transfer shall be the aggregate value of all consideration paid or delivered to the transferor for the transfer as reasonably determined by the Executive Board. A transferee may make written objection to the Association's determination within fifteen (15) days after the Association has given notice of such determination, in which event the Association shall obtain an appraisal, at the transferee's sole expense, from a real estate appraiser of good reputation who is qualified to perform appraisals in Colorado, who is familiar with real estate values in the County of Garfield, and who shall be selected by the Association. The appraisal so obtained shall be binding on both the Association and the transferee. The transferee shall be deemed to have waived all right of objection concerning fair market value, and the Association's determination of such value shall be binding, if no objection is timely made to the Association as provided herein. D. Payment and Reports. The Transfer Assessment shall be due and payable by the transferee to the Association at the time of the transfer giving rise to such Transfer Assessment. With such payment, the transferee shall make a written report to the Association on forms prescribed by the Association, fully describing the transfer and setting forth the true, complete and actual consideration for the transfer, the names of the parties thereto, the legal description of the Lot transferred, and such other information as the Association may reasonably require. The transferee may also submit an application for request for exemption from the Transfer Assessment on forms prescribed by the Association. If the Transfer Assessment is not paid within thirty (30) days of when due, the transferee shall be subject to all interest, fines and other remedies applicable to Assessments in default as set forth under the Declaration, including, without limitation, the right of the Association to lien and foreclose the transferee's Lot. 13. Mortgagee Rights Article Deleted. Article XIX "Mortgagee's Rights" of the instrument attached as Schedule I is hereby deleted in its entirety. 14. Dispute Resolution Provisions. A new Article XXII shall be added to the instrument attached as Schedule I which shall read as follows: 6 I llllll llJll llJlll llll llllll llllll tllll 11111111 11111111 623133 03/18/2003 04:07P 81447 P890 M RLSDORF 7 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO ARTICLE XXII DISPUTE RESOLUTION 22.1 Agreement to Encourage Resolution of Disputes Without Litigation. Declarant, the Association and its members, officers, directors, and committee members, all persons subject to this Declaration, and any person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, "Bound Parties"), agree that it is in the best interests of all concerned to encourage the amicable resolution of disputes involving the Project without the emotional and financial costs of litigation. Accordingly, each Bound Party agrees not to file suit in any court with respect to a Claim described below, unless and until it has first submitted such Claim to the alternative dispute resolution procedures set forth in Section 22 .3 in a good faith effort to resolve such Claim. A. Definition of Claim. As used in this article, the term "Claim" shall refer to any claim, grievance, or dispute arising out of or relating to (i) the interpretation, application or enforcement of the Association Documents, (ii) the rights, obligations, and duties of any Bound Party under the Association Documents, or (iii) the design or construction of improvements within the Project, other than matters of aesthetic judgment under Section 19.3, which shall not be subject to review. Notwithstanding the foregoing, the following will not be considered "Claims" unless all parties to the matter otherwise agree to submit the matter to the procedures set forth in Section 22.3: (i) any suit by the Association to collect assessments or other amounts due from any Owner, (ii) any suit by the Association to obtain a temporary restraining order (or emergency equitable relief and such ancillary relief as the court may deem necessary in order to maintain the status quo, (iii) any suit between Owners, which does not include Declarant or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Association Documents, (iv) any suit in which an indispensable party is not a Bound Party, and (v) any suit as to which any applicable statute of limitations would expire within 180 days of giving the Notice required by Section 22.3, unless the parties against who the Claim is made agree to toll the statute of limitations as to such Claim for such period as may reasonably be necessary to comply with this Article. B. Dispute Resolution Procedures. i. Notice. The Bound Party asserting a Claim ("Claimant") against another Bound Party ("Respondent") shall give written notice to each Respondent and to the Executive Board stating plainly and concisely: (i) the nature of the Claim, including the persons involved and the Respondent's role in the Claim, (ii) the legal basis of the Claim (i.e., the specific authority out of which the Claim 7 111111111111 lllf 111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P891 M ALSDORF 8 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO arises), (iii) the ClaimanCs proposed resolution or remedy, and (iv) the Claimants desire to meet with the Respondent to discuss in good faith, ways to resolve the Claim. ii. Negotiation. The Claimant and Respondent shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing, accompanied by a copy of the Notice, the Board may appoint a representative to assist the parties in negotiating a resolution of the Claim. 111. Mediation. If the parties have not resolved the Claim through negotiation within 30 days of the date of the notice described in Section 22.3.1 (or within such other period as the parties may agree upon), the Claimant shall have 30 additional days to submit the Claim to mediation with an entity designated by the Association (if the Association is not a party to the Claim) or to an independent agency providing dispute resolution services in Eagle County. If the Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation when scheduled, the Claimant shall be deemed to have waived the Claim, and the Respondent shall be relieved of any and all liability to the Claimant (but not third parties) on account of such Claim. If the parties do not settle the Claim within 30 days after submission of the matter to mediation, or within such time as determined reasonable by the mediator, the mediator shall issue a notice of termination of the mediation proceedings indicating that the parties are at an impasse and the date that mediation was terminated. The Claimant shall thereafter be entitled to file suit or to initiate administrative proceedings on the Claim, as appropriate. iv. Settlement. Any settlement of the claim through negotiation or mediation shall be documented in writing and signed by the parties. If any party thereafter fails to abide by the terms of such agreement, then any other party may file suit or initiate administrative proceedings to enforce such agreement without the need to again comply with the procedures set forth in this Section. In such event, the party taking action to enforce the agreement or award shall, upon prevailing, be entitled to recover from the non-complying party (or if more than one non-complying party, from all such parties in equal proportions) all costs incurred in enforcing such agreement or award, including, without limitation, attorney's fees and court costs. C. Initiation of Litigation by Association. In addition to compliance with the foregoing alternative dispute resolution procedures, if applicable, the Association shall not initiate any judicial or administrative proceeding unless first approved by a vote of Owners entitled to cast 75% of the total votes in the Association, except that no such approval shall be required for actions or proceedings: (i) initiated to 8 111111111111111111 111111111111111111111 Ill 1111111111111 623133 03/18/2003 04:07P 81447 P892 " ALSDORF 9 of 81 R 406.00 D 0.00 GRRFIELD COUNTY CO ~ _.. enforce the provisions of this Declaration, including collection of assessments and foreclosure of liens; (ii) initiated to challenge ad valorem taxation or condemnation proceedings; (iii) initiated against any contractor, vendor, or supplier of goods or services arising out of a contract for services or supplies, or (iv) to defend claims filed against the Association or to assert counterclaims in proceedings instituted against it. This Section shall not be amended unless such amendment is approved by the same percentage of votes necessary to institute proceedings." 15. Conflicts Between Documents. This Resatement hereby revokes and supersedes the Revoked Declaration. In case of conflict between the Declaration as restated hereby and the Articles and the Bylaws of The Ironbridge Property Owners' Association, the Declaration, as restated, shall control. 16. IN WITNESS WHEREOF, the undersigned, being the sole owner of the Property, has executed this_Restated Declaration of Covenants, Conditions Restrictions and Easements for Ironbridge on the day and year written below. STATE OF NewVort . ) ) SS. DECLARANT: LB Rose Ranch LLC, a Delaware limited liability company By: PAMI LLC, a Delaware limited liability company, its managing member By: "'--!=? Name: Marguerite M. Brogan Title: Authorized Signatory COUNTY OF New York ) The foregoing instrument was acknowledged before me this ;):::}"-day of°'fib't'foQ\, by Marguerite M. Brogan, as Authorized Signatory of PAMI LLC, a Delaware limited liability company, managing member of LB Rose Ranch LLC, a Delaware limited liability company. My commission expires: .....JI ..... ~_.\+\ ~"_.\.....,.00:::...lR-=------ [SEAL] 1 ~ :;:; ~ ~ N<>k~lic E:\Clients\LB Rose Ranch, LLC\l stamend-declaration cln6doc 9 PAMELA KANE Notary Public, State of New York Registration# 01 KA6043526 Qualified In New York County My Commission Expires June 19,2008 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P893 M ALSDORF 10 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO JOINDER OF LIENOR The undersigned, beneficiary under the Deeds of Trust dated July 29, 1997, November 27, 1997 and April 29, 1999, respectively, and recorded August 4, 1997 in Book 1028 at Page 776, November 26, 1997 in Book 1044 at Page 30, and April 30, 1999 in Book 1127 at Page 364, respectively, in the office of the Clerk and Recorder of Garfield County, Colorado, as amended and supplemented from time to time (the "Deeds of Trust"), for itself and its successors and assigns, approves the revocation of the Revoked Declaration and the recording of the foregoing Restated Declaration of Covenants, Conditions Restrictions and Easements for Ironbridge affecting the property encumbered by the Deeds of Trust, and agrees that no foreclosure or other enforcement of any remedy pursuant to the Deeds of Trust shall impair, invalidate, supersede or otherwise affect the covenants, conditions, restrictions and easements established by that Declaration. STATEOF NewYork ) ) SS. Lehman Brothers Holdings, Inc., doing business as Lehman Capital, a division of Lehman Brothers Holdings, Inc., a Delaware corporation COUNTY OF New York ) . \( :\tr. ·\': i....vWt ~'2.. The foregoing instrument was acknowledged before me this ~o day of _t-e_v_-200 3_, by Marguerite M. Brogan as Authorized Signatory of Lehman Brothers Holdings, Inc., doing business as Lehman Capital, a division of Lehman Brothers Holdings, Inc., a Delaware corporation. My commission expires: _(~st_\._\C\.____,\,--o_'e~_...,,.........._ [SEAL] ' ' .~ ~ ~ ---=ublic 10 PAMELA KANE Notary Pubtlc, State of New York Registration# 01 KA6043526 Qualified in New York County My ComrnlssiOn Expires June 19.2001 SCHEDULE I I llllll lllll llllll llll llllll llllll lllll Ill llllll llt 1111 623133 03/18/2003 04:07P B1447 P894 M ALSDORF 11 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO ARTICLE I DECLARATION AND SUBMISSION Declarant hereby declares that the Property shall be held, sold and conveyed subject to the covenants, restrictions and easements which are for the purpose of protecting the value and desirability ~fthe Property, and which shall run with the land and be binding on all parties and heirst successorst and assigns of parties having any right, title or interest in all or any part of tQ.e Property. Additionally, Declarant hereby submits the property to the provisions of the Act. ARTICLE II DEFINITIONS Section 2.1 Definitions. The following words when used in this Declaration or any Supplemental Declaration, unless inconsistenl with t)le context of this Declaration, shall have-the following meanings: A. "Abandoned and Inoperable Vehicle" has the meaning set forth in Section 17. lQ. B. 33.3-101 fil~. HActH means the Colorado Common Interest Ownership Act~ C.R.S. § 38- C. "Annexable Property"' means the real property which is subject to the P .U.D for the Rose Ranch and which is not initially made subject to the terms and provisions of this Declaration. The real property which compromises the Annexable Property is depicted and on the Plat as "Future Development'' parcels and is more particularly described· on Exhibit B. attached hereto and incorporated herein by this reference. Declaration of Proteclive Covenants R(Jse Ranch P. U.D .. Phase 1 13-Sep-99 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P895 " ALSDORF 12 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO D. ''ArticJes" mean the Articles oflncorporation for The Rose Ranch Property Owners Association, Inc., on file with the Colorado Secretary of State, and any amendments which may be made to those Articles from time to time. E. "Annual Assessment" means the Assessment levied annually. F. "Assessments" means the Annual, Special, and Default Assessments levied pursuant to Article XI below. Assessments are further defined as a Common Expense Liability as defined under the Act. G. "Association" means The Rose Ranch Property Owners Association, Inc., a Colorado nonprofit corporation, and its successors and assigns. H. "Association Documents'' means this Declaration, the Articles of Incorporation, and the Bylaws ofthe Association, and any procedures, rules, regulations, or policies adopted under such documents by the Association. I. "Association-Insured Property" has 'the meaning set forth in Section 13.l. J. "Association Rules" means the rules and regulations adopted by the Association as pr~vided in Section 5.1. K. ''Bylaws" means the Bylaws adopted by the Association, as amended from time to time. L. "Common Area" means all ofthe real property depicted and identified on the Plat as "Common Area" and improvements thereon, if any, in which the Association owns or has an interest for the common use and enjoyment of all of the Owners on a non-exclusive basis. Such interest may include, without limitation, estates in fee, for terms of years, or easements. "Common Area" is fmiher defined as a Common Element as defined under the Act. M. "Common Expenses" means (i) all expenses expressly declared to be common expenses by this Declaration or the Bylaws of the Association; (ii) all other expenses of administering, servicing, conserving, managing, maintaining, repairing, or replacing the Co1mnon Area; (iii) insurance premiums for the insurance carried under Article X; and (iv) all expenses lawfully detennined to be common expenses by the Executive Board of the Association. N. "Declarant"means Roaring Fork Investment, L.L.C., a Colorado limited liability company, and its successors and assigns. 0. "Declaration" means and refers to this Declaration of Covenants, Conditions, Restrictions and Easements for The Rose Ranch. Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 l 3~Sep-99 2 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P896 M ALSDORF 13 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO P. "Default Assessment'' means the Assessment levied by 1.he Association pursuant to Article XI, Section 11.7 below. Q. "Design Guidelines'' means the guidelines and rules published and amended and supplemented from time to time by the Design Review Board. R. "Design Review Board" means and refers to the Design Review Board defined in and created pursuant to Article XVI below. S. L'Drainage Structures" has the meaning set forth in Section 9.6. T. "Executive Board" means the governing body of the Association elected to perfom1 the obligations of the Association relative to the operation, maintenance, and management of the Property and all improvements on the Property. U. "Expansion and Development Rights" has the meaning set forth in Section 15.5. V. "Golf Course'' means the real property located in Garfield County, Colorado, more particularly described on the attached Exhibit C. W. "First Mortgage,, means any Mortgage which is not subordinate to any lien or encumbrance except liens for taxes, liens for Assessments or other liens which are given priority by statute. X. "First Mortgagee,, means any person named as a mortgagee or beneficiary in any First Mortgage, or any successor to the interest of any such person under such First Mortgage. Y. "Lot" means a plot of land subject to this Declaration and designated as a "Lot" on any subdivision plat of the Property recorded by Declarant in the office of the Clerk and Recorder of Garfield County, Colorado, together with all appurtenances and improvements, now or in the future, on the Lot. "Lot" also has the meaning ascribed to it in Section 15.3 hereof. Lot is further defined as a Unit as defined under the Act. Z. "Manager" shall mean a person or entity engaged by the Association to perfo1111 certain duties, powers, or functions of the Association, as the Executive Board may authorize from time to time. AA. "Member" shall mean every person or entity who holds membership in the Association. Declaration of Protective Covenants Rose Ran.ch P. U.D., Phase I 13~Sep-99 3 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P897 M ALSDORF 14 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO BB. "Mortgage" shall mean any mortgage, deed of tiust, or other document pledging any Lot or interest therein as security for payment of a debt or obligation. CC. "Mortgagee" means any person named as a m01igagee or beneficiary in any M01igage, or any successor to the interest of any such person under such Mortgage. DD. "Oversized" has the meanjngs set fmih in Section 17.1.Q. EE. "Owner" means the owner of record) whether one or more persons or entities, of fee simple title to any Lot, and "Owner" also includes the purchaser under a contract for deed covering a Lot, but excludes those having such interest in a Lot merely as security for the performance of an obligation, including a Mortgagee, unless and until such person has acquired fee simple title to the Lot pursuant to foreclosure or other proceedings. FF. "Person" means a natural person, a corporation, a partnership, a trustee or any other l.egal entity. · GG. "Plat" means the subdivision plat depicting the Property subject to this Declaration and recorded in the records of the Clerk and Recorder of Garfield County, Colorado on //-5e/"-, 2000 and Reception No.~~ and all supplements and amendments thereto. HH. "Private Amenities" means certain real property and any improvements and facilities thereon located adjacent to, in the vicinity of, or within the Property, which are privately owned and operated by persons other than the Association for recreational, commercial and related purposes, on a membership basis or otherwise, and shall include, without limitation, the Golf Course. Private Amenities may he owned by Declarant or affiliates of Declarant. II. "Property" means and refers to that certain real property described on Exhibit A attached to this Declaration. JJ. "P.U.D. Map" means the zone district map for the Rose Ranch Planned Unit Development recorded in the records of the Office of the Clerk and Recorder for Garfield County 01v'l'V'"°¥· , 2000 at Reception No. oo"'f'r8-? . KK. "P. U .D Resolutions of Approval" mean the terms and conditions of the P. U.D approval issued by the Board of County Commissioners for Garfield County, Colorado for the Rose Ranch Planned Unit Development set forth in Commissioner Resolution No. 98-80, recorded in the records of the Clerk and Recorder for Garfield County, Colorado on Sep. 9, 1998 at Book 1087, Page 862 and Reception No. 531935, as amended by Commissioner Resolution No. 99-067, recorded in the records of the Clerk and Recorder for Garfield County, Colorado on June 8, 1999) at Book 1133, Page 911 and Reception No. 546856. LL. "Repair and reconstmction" hasthe meaning set forth in Section 13.2. Declamtion of Protective Covenants Rose Ranch P. U.D., Phase. J 13-Sep-99 4 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P898 M ALSDORF 15 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO MM. "Roads" means all roads within the Property as shown on the Plat. NN. "The Rose Ranch" sha11 mean the planned community created by this Declaration, consisting of the Property, the Lots, and any other improvements constructed on the Property and as shown on the Plat. 00. "Sharing Ratio" means the allocation of Assessments to which an Owner's Lot is subject. The formula for sharing ratios is an equal allocation among all of the Lots. PP. "Special Assessment" means an assessment levied pursuant to Section 11.6 below on an irregular basis. QQ. "Special Districf' means a service and utility district which may be created as a special purpose unit of local government in accordance with Colorado law to provide certain community services to some or all of the Property. RR. "Successor Declarant" means any party or entity to whom Declarant assigns any or all of its rights, obligations, or interests as Declarant, as evidenced by an assignment or deed ofrecord executed by both Declarant and the transferee or assignee and recorded in the office of the Clerk and Recorder of Garfield County, Colorado, designating such party as a Successor Declarant. Upon such recording, Declarant's rights and obligations under this Declaration shall cease and terminate to the extent provided in such document. SS. "Supplemental Declaration'' means an instrument which subjects any additional property to this Declaration, as more fully provided in Article XV below. TT. "Supplemental Plat" means a subdivision plat which depicts additional property made part of this Declaration or the resubdivision of any Lot or the creation of any condominiums, duplexes, town homes or other multi-family units on any Lot, and may include one or more "maps~' as defined in the Act. lnJ. "Western Parcel" has the meaning set forth in Section 18.1.B. VV. "Wildlife Improvements" has the meaning set forth in Section 18.1.D. Each capitalized tem1 not otheiwise defined in this Declaration or in the Plat shall have the same meanings specified or used in the Act. Declaration of Protective Covenants Rose Ranclz P. U.D., Phase 1 13-Sep-99 ARTICLE III NAME, DIVISION INTO LOTS 5 I llllll lllll llllll llll llllll llllll lllll lll llllll Ill llll 623133 03/18/2003 04:07P B1447 P899 M ALSDORF 16 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 3.1 Name. The name of the project is The Rose Ranch. The project is a Planned Community pursuant to the Act. Section 3.2 Associa6on. The name of the association is The Rose Ranch Property Owners Association, Inc. Declarant has caused to be incorporated under the laws of the State of Colorado the Association as anon-profit corporation with the pm1)ose of exercjsing tl1e functions as herein set forth. Section 3.3 Number of Lots. The maximum number of Lots to be developed on the Property is eighty-two (82). Declarant reserves the right for itself and any Successor Declarant to subdivide any Lots or create condominiums, duplexes, town homes and other multi-fami1y units on such Lots. Declarant also reserves the right to expand the property subject to this Declaration pursuant to a the filing of Supplemental Declarations and Plats to include up to additional 240 Lots and to expand the Common Area. Section 3 .4 Identification o fLots. The identification number of each initial Lot is shown on the Plat. Section 3.5 Description of Lots. A. Each Lot shall be inseparable and may be developed exclusively for residential purposes in accordance with the restrictions applicable to a particular Lot contained in this Declaration, the Plat, the P.U.D. Resolutions of Approval and the P.U.D Map. No Lot shall be further subdivided, except that Declarant, its successors and assigns (which assigns may be more than one, including, without limitation, developers of certain portions of the Property) may further subdivide Lots into condominiums, duplexes, town homes and other multi-family units. Once subdivided, each Lot shall be deemed to be the number of Lots into which it is subdivided. Once a condominium, duplex, town home or multi-family dwelling unit is created pursuant to filing of appropriate final plat(s), then each such separate residence shall constitute a Lot. B. Title to a Lot may be held individually or in any form of concurrent ownership recognized in Colorado. In case of any such concurrent ownership, each co-owner shall be jointly and severally liable for performance and observance of all the duties and responsibilities of an Owner with respect to the Lot in which he owns an interest. For all purposes herein, there shall be deemed to be only one Owner for each Lot. The parties> if more than one, having the ownership of a Lot shall agree between themselves how to share the rights and obligations of such ownership, but all such parties shall be jointly and severally liable for perfommnce and observance of all of the duties and obligations of an Owner hereunder with respect to the Lot in which they own an interest. C. Any contract of sale, deed, lease, Mortgage, will or other instrument affecting a Lot may describe it as Lot_, Rose Ranch P.U.D., Phase No. 1, County of Garfield, State of Colorado, according to the Plat thereof recorded in the records of the Clerk and Recorder of Garfield County, Colorado on , 2000_ at Reception No.---·. Declaration. of Protective Coven.ants Rose Ran.ch P. U.D., Phase 1 13-Sep-99 6 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P900 M ALSDORF 17 of 81 R 406.00 D 0.00 ~RFIELD COUNTY CO D. Each Lot shall be considered a separate parcel of real property and shall be separately assessed and taxed. Accordingly, the Common Area shal1 not be assessed separately but shall be assessed with the Lot as provided pursuant to Colorado Revised Statutes Subsections 39-1- 103(10) and 38-33 .3-105(2). E. No Owner of a Lot shall be entitled to bring any action for partiti011 or division of the Common Area. F. Subject to Section 17.5 and as provided below, each Lot shall be used and occupied solely for residential use; provided that such use and occupancy shall be only as permitted by and subject to the appropriate and applicable govemmental zonjng and use ordinances, rules and regulations from time to time in effect. Notwithstanding the foregoing, Declarant, for itself and its successors, assigns, and/or designees (which designees may be more than one, including, without limitation, developers of certain portions of the Property), hereby retains a right to maintain on any Lot or Lots sales offices, management offices or modei residences at any time or from time to time so long as Declarant, or its successors or assigns, continues to own an interest in a Lot. The use by Declarant, or its successors, assigns or designees, of any Lot as a model residence, office or other use shall not affect the Lot's designation on the Plat as a separate Lot. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION OPERATIONS Section 4.1 The Association. Every Ownerofa Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated.from ownership of any Lot. Section 4.2 Transfer of Membership. An Owner shall not transfer, pledge, encumber or alienate his membership in the Association in any way, except upon the sale or encumbrance of his Lot and then only to the purchaser or Mortgagee of his Lot. Section 4.3 Membership. The Association shall have one (1) class of membership consisting of all Owners, including the Declarant so long as the Declarant continues to own an interest in a Lot. Except as otherwise provided for in this Declaration, each Member shall be entitled to vote in Association matters pursuant to this Declaration on the basis of one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised by one person or alternative persons (who may be a tenant of the Owners) appointed by proxy in accordance with the Bylaws. In the absence of a proxy, the vote allocated to the Lot shall be suspended in the event more than one person or entity seeks to exercise the 1ight to vote on any one matter. Any Owner or a Lot which is leased may assign his voting right to the tenant, provided that a copy of a written proxy appointing the tenant is furnished to the Secretary of the Association p1ior to any meeting in which the tenant exercises the voting right. In no event shall more than one vote be cast with respect to any one Lot. Declaration of Protective Covenants Rose Ranch P.U.D., Phase 1 !3-Sep-99 7 l llllll llllt llllll llll llllll llllll lllll Ill llllll Ill llll 623133 03/18/2003 04:07P 81447 P901 H ALSDORF 18 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 4.41 Dec1arant Control. Notwithstanding anything to the contrary provided for herein or in the Bylaws, Declarant shall be entitled to appoint and remove the members of the Association's Executive Board and officers of the Association to the fu1lest extent cunently pem1itted under the Act. The specific restrictions and procedures governing the exercise of Declarant's right to so appoint and remove Directors and officers sha11 be set out in the Bylaws of the Association. Declarant may voluntmily relinquish such power evidenced by a notice executed by Declarant and recorded in the Office of the Clerk and Recorder for Garfield County, Colorado) hut, in such event, Declarant may at its option require that specified actions of the Association or the Executive Board as described in the recorded notice, during the period Declarant would otherwise be entitled to appoint and remove Directors and officers, be approved by Declarant before they become effective. Section 4.5 Compliance with Association Docwnents. Each Owner shall abide by and benefit from each provision, covenant, condition, restriction and easement contained in the Association Documents. The obligations, burdens, and benefits of membership in the Association concern the land and shall be covenants running with each Owner's Lot for the benefit of all other Lots and for the benefit of Declarant's adjacent properties. Section 4.6 Books and Records. The Association shall make available for inspection, upon request, during normal business hours or under other reasonable circumstances, to Owners and to Mortgagees, current copies of the Association Documents and the books, records, and financial statements of the Association prepared pursuant to the Bylaws. The Association may charge a reasonable fee for copying such materials. Section 4. 7 Manager. The Association may employ or contract for the services of a Manager to whom the Executive Board may delegate certain powers, functions, or duties of the Association, as provided in the Bylaws ofthe Association. The Manager shall not have the authority to make expenditures except upon prior approval and direction by the Executive Board. The Executive Board shall not be liable for any omission or improper exercise by a Manager ofany duty, power, or function so delegated by written instrument executed by or on behalf of the Executive Board. Section 4.8 Implied Rights and Obligations. The Association may exercise any right or privilege expressly granted to the Association in the Association Documents, all powers granted to an association pursuant to C.R.S. § 38-33.3-302(1) (except as expressly otherwise provided in this Declaration), and every other right or privilege reasonably implied from the existence of any right or privilege given to the Association under the Association Documents or reasonably necessary to effect any such right or privilege. The Association shall perform all of the duties and obligations expressly iniposed upon it by the Association Documents, and eyery other duty or obligation implied by the express provisions of the Association Documents or necessa1y to reasonably satisfy any such duty or obligation. Declaration of Protective Covenants Rose Ranch P. U.D., Phase J 13-Sep-99 ·8 1111111111111111111111 11111111111111111 m 1111111111111 623133 03/18/2003 04:07P 81447 P902 M ALSDORF 19 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 4. 9 Association Meetings. Meetings of the Association shall be held at least once each year. Special meetings of the Association may be called by the President, by a majority of the Executive Board or by Owners having ten percent ( 10%) of the votes jn the Association. Not less than ten (I 0) nor more than fifty (50) days in advance of any meeting) the Secretary of other officer specified in the Bylaws of the Association sha11 cause notice to be hand delivered or sent prepaid by United States mail to the mailing address of each Owner or to any other mailing address designated in writing by the Owner. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the genera] nature of any proposed amendment to this Declaration or the Bylaws, any budget changes and any proposal to remove an officer or member of the Executive Board. Section 4.10 Association Standard of Care. The duty of care which the Association owes to the Owners is that of a landowner to a licensee, notwithstanding the interest which the Owners hold in the Common Area through their membership in the Association. Section 4.11 Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Property designed to make the Property safer than it otherwise might be. NEITHER THE ASSOCIATION, DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANYWAY BE CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN" THE PROPERTY .. NEITHER nm ASSOCIATION, THE DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE FOR FAILURE TO PROVIDE ADEQUATE SECURITY OR FOR THE INEFFECTIVENESS OF ANY SECURITY MEASURE UNDERTAKEN. ALL OWNERS AND OCCUPANTS OF ANY LOT, AND ALL TENANTS, GUESTS, AND INVITEES OF ANY OWNER, ACKNOWLEDGE THAT THE ASSOCIATION, AND ITS EXECUTIVE BOARD, DECLARANT AND ANY SUCCESSORDECLARANT, DO NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM SYSTEM, OR OTHER SECURITY SYSTEM DESIGNATED BY OR INSTALLED ACCORDING TO THE DESIGN GUIDELINES ESTABLISHED BY THE DECLARANT MAY NOT BE COMPROMISED OR CIRCUMVENTED; NOR THAT ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM SYSTEM, OR OTHER SECURITY SYSTEM DESIGNATED BY OR INSTALLED ACCORDING TO THE DESIGN GU1DELINES ESTABLISHED BY THE DECLARANT MAY NOT BE COMPROMISED OR CIRCUMVENTED; NOR THAT ANY FIRE PROTECTION OR BURGLAR ALAR.NI SYSTEMS OR OTHER SECURITY SYSTEMS WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT, HOLD-UP, OR OTHERWISE; NOR THAT FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECuRITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. ALL OWNERS AND OCCUPANTS OF ANY LOT AND ALL TENANTS, GUESTS, AND INVITEES OF ANY OWNER, ASSUME ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO LOTS, TO RESIDENTIAL DWELLINGS AND TO THE CONTENTSOFRESIDENTIALDWELLINGSANDFURTHERACKNOWLEDGETHATTHE ASSOCIATION, ITS EXECUTIVE BOARD, COMMITTEES, DECLARANT OR ANY SUCCESSORDECLARANT HA VE MADE NO REPRESENTATIONS OR W ARRANTIBS, NOR Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 9 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P903 M ALSDORF 20 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO HAS ANY OWNER 1 OCCUPANT, OR ANY TENANT, GUEST OR INVITEE OF ANY OWNER RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATNE TO ANY FJRE AND/OR BlJRGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE PROPERTY. Section 4.12 Power to Provide Services to Subassociations. To the ful1est extent pem1itted by the Act, the Association may establish subassociations a11d to provide services to subassociations. Such services to any subassociation shall be provided pursuant to an agreement in writing between the Association and such subassociations which shall provide for the payment by such subassociation to the Association of the reasonably estimated expenses which the Association will incur in providing such services to the subassociation, including a fair share of the overhead expenses of the Association. In lieu of collecting the expenses for such services from the subassociation, the Association shall have the right to collect them directly from the Members of the subassociation in monthly installments as part of the monthly common assessments. Section 4.13 Power to Provide Special Services for Members. To the fullest extent permitted by the Act, the Association may provide services to a Member or group of Members. Any service or services to a Member or group of Members shall be provided pursuant to an agreement in writing, or through one or more Supplemental Declarations, which shall provide for payment to the Association by such Member or group of Members of a costs and expenses which the Association estimates it will incur in providing such services, including a fair share of the overhead expenses of the Association, and shall contain provisions assuring that the obligation to pay for such services shall be binding upon any heirs, personal representatives~ successors and assigns of the Member or group of Members, and that the payment for such services shall be secured by a lien on the Lot or Lots of the Member or group of Members and may be collected in the same manner as assessments or otherwise. Section 4.14 Domestic Water. Water shall be supplied to each Lot by a central wate;r system which shall be owned, operated and maintained by the Association. The water so supplied shall be used for domestic in-house use only. All water use shall be metered by water meters or other measuring devices approved by the Association. The Associat~on shall be responsible for setting all rates, fees or charges for the provision thrbugh the water system of domestic water service to the Lot, and each Owner shall pay to the Association the rates, fees or charges applicable to his respective Lot. The obligation of Owners to pay the Association for such water service shall be a personal obligation of the Owner which the Association shall have the power and duty to enforce. Additional rules and regulations concerning the use, operation, and limitation of the water system and the water supply thereby may be promulgated by the Association and, if so promulgated, shall be binding upon each Unit Owner. · Section 4.15 Inigation Water. Nonpotable inigation water shall be supplied to each Lot by a central irrigation system which shall be owned, operated and maintained by the Association. Declaration of Protective Covenants Rase Ranch P. U.D., Phase 1 13-Sep-99 10 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P904 M ALSDORF 21 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO The nonpo1able water so supplied shall be used solely for the irrigation of grass, sluubs trees and other foliage located upon the Prope1ty as pem1itted by the Association and limited under this Declaration and the Plat. The Association shall be responsible for setting all rates, fees or charges for the provision of inigation water through the irrigation system and such rates, fees or charges assessed by the Association against each Lot receiving irrigation water shall be a personal obligation of the Owner thereof which the Association shall have the power and duty to enforce. Additional rules and regulations concerning the use, operation and limitation of the water system and the water supply thereby may be promulgated by the Association and) jfso promulgated, shall be binding upon each Lot Owner. ARTICLE V POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION Section 5.1 Association Rules. From time to time and subject to the provisions of the Association Documents, the Executive Board may adopt, amend, repeal, suspend and publish rules and regulations, to be known as the ''Association Rules/' governing, among other things and without limitation: · (i) The use of the Common Area, including any recreational facilities which may be constructed on such property, the personal conduct of the Members and their guests, and the establishment of penalties, including, without l.llnitation, the imposition of fines, for the infraction of such Association Rules; (ii) The use of any private Roads; and (iii) Therigl).ts ofaMember, including, butnotlimited to, the voting rights of a Member during any period in which such Member is in default on payment of any Assessment levied by the Association, as provided in Article XI. Such rights also may be suspended after notice and hearing for a period not to exceed ninety (90) days for an infraction of published Association Rules, unless such infraction is ongoing, in which case the rights may be suspended during the pe1iod of the infraction and for up to ninety (90) days thereafter. A copy of the Association Rules in effect will be distributed to each Member and any change in the Association Rules will be distributed to each Member within a reasonable time following the effective date of the change. Section 5.2 Implied Rights. The Executive Board may exercise for the Association all powers, duties, and auth01ity vested in or delegated to the Association, and not reserved to the Members or Declarant by other provisions of this Declaration or the Articles or Bylaws of the Association or as provided by law. Declaration of Protective Covenants Rose Ranch P. U.D., Phase I J 3-Sep-99 ARTICLE VI 11 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P905 M ALSDORF 22 of 81 R 4~6.00 D 0.00 GARFIELD COUNTY CO PROPERTY RIGHTS Section 6.1 Common Area. Every Owner shall have a iight and nonexclusive easement of use) access, and enjoyment in and to the Common Area) subject to: (i) This Declaration, the Plat and any other applicable covenants; (ii) A11y restrictions or limitations contained in any deed conveying such property to the Association; (iii) The right of the Executive Board to adopt rules regulating the use and enjoyment of the Common Area, including rules limiting the number of guests who may use the Common Area; (iv) The right of the Executive Board to suspend the right ofan Owner to use facilities within the Common Area (A) for any period during which any charge or Assessment against such Owner's Lot remains delinquent, and (B) for a period not to exceed ninety (90) days for a single violation or for a longer period in the case of any continuing violation of the Declaration, any applicable Supplemental Declaration, the Bylaws or Association Rules; (v) The right of the Executive Board to impose reasonable membership requirements and charge reasonable membership, admission, use or other fees for the use of any facility situated upon the Common Area; (vi) The right of the Executive Board to permit the use of any facilities situated on the Common Area by persons other than Owners, their families, lessees and guests; (vii) The right and obligations of the Declarant and the Association, acting through its Executive Board, to restrict, regulate or limit Owners' and occupants' use of the Common Area for enviromnental preservation purposes, including, without limitation, wildlife corridors, winter wildlife ranges and natural wildlife habitat; and (viii) Any governmental or quasi-governmental rules, regulations or statutes. Any Owner may extend his or her right to use and enjoyment to the members of his or her family, lessees, and social invitees, as applicable, subject to reasonable regulation by the Ex:ecutive Board. An Owner who leases his or her residential dwelling shall be deemed to assign all such rights to the lessee of such dwelling. Section 6.2 Expansion. From time to time, Declarant may, but shall not be obligated to, expand the Conm1011 Area by w1itte11 instiument recorded with the Clerk and Recorder of Garfield County, Colorado, all as more fully set forth in Article XV below. Declarat1:on of Protective Covenants Rose Ranch P. U.D., Phase J 13-Sep-99 12 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P906 M ALSDORF 23 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 6 .3 Maintenance. The Association shall maintain and keep 1.he Common Area in good repair, and the cost of such maintenance shall be funded as provided in Aiticle XI, subject to any insurance then in effect. This maintenance shall include, but shall not be limited to, upkeep, repair and replacement of a11 Roads, landscaping, walls, gates, signage, domestic water systems, irrigation systems, sidewalks, driveways and improvements, if any (whjch shall including, without limita6on, snow removal services), located in the Common Area. In the event the Association does not maintain or repair the Common Area, Declarant shall have the right, but not the obligation, to do so at the expense of the Association. Section 6.4 No Dedication to the Public. Nothing in this Declaration or the other Association Documents will be construed as a dedication to public use, or a grant to any public municipal or quasi-municipal authority or utility, or an assUrnption of responsibility for the maintenance of any Common Area by such authority or utility, absent an express written agreement to that effect. · Section 6.5 Private Amenities. Access to and use of the Private Amenities is strictly subject to the rules and procedures of the respective owners of the Private Amenities, and no Person gains any right to enter or to use those facilities by virtue of membership in the Association or ownership or occupancy of a Lot. ALL PERSONS, INCLUDING ALL OWNERS, ARE HEREBY ADVISED THAT NO REPRESENTATIONSORWARRANTIES,EITHERWRITTENORORAL,HAVEBEENMADE · OR ARE MADE BY DECLARANT OR ANY OTHER PERSON WITH REGARD TO THE NATURE OR SIZE OF IMPROVEMENTS TO, OR THE CONTINUING OWNERSHIP OR OPERATION OF, THE PRIVATE AMENITIES. NO PURPORTED REPRESENTATION OR WARRANTY, WRITTEN OR ORAL, IN REGARD TO THE PRIVATE AMENITIES SHALL EVER BE EFFECTIVE WITHOUT AN AMENDMENT HERETO EXECUTED OR JOINED INTO BY DECLARANT. The ownership, usage of, or operational duties of and as to the Private Amenities may change at any time and from time to time by virtue of, but without limitation, (i) the sale to or assumption of operations by an independent entity, (ii) conversion of the membership structure to an "equity" club or similar arrangement whereby the members of a Private Amenity or an entity owned or controlled thereby become the owner(s) and/or operator(s) of the Private Amenity, (iii) the conveyance of a Private Amenity to one or more affiliates, shareholders, employees, or independent contractors ofDeclarant, or (iv) the change in use of any Private Amenity (including, but not limited to, play rights with respect to any golf or tennis club). No consent of the Association or any Owner shall be required to effectuate such a transfer or conversion. Rights to use the Private Amenities will be granted only to such Persons, and on such tenns and conditions, as may be determined by their respective owners. Such owners of the Private Amenities shall have the right, from time to time in their sole and absolute discretion and without Declaration of Protective Covenants Rose Ran.ch P. U.D., Phase 1 13-Sep-99 13 1111111111111111111111 111111111111 lllll Iii 1111111111111 623133 03/18/2003 04:07P 81447 P907 M ALSDORF 24 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO notice, to amend or waive the tenns and conditions of use of their respective Private Amenities and to tennjnate use rights a1together. ARTICLE VII MECHANIC'S LIENS Section 7.1 No Liability. Ifany Owner shall cause any material to be furnished to his Lot or any labor to be performed therein or thereon, no Owner or any other Lot shall under any circumstances be liable for the payment of any expense incuned or for the value of a11y work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor or materials to his or her Lot. Nothing herein contained shall authorize any Owner or any person dealing tluough, with or under any Owner to charge the Common Area or any Lot other than the Lot of such Ownerwithanymechanic's lien or other lien or encumbrance whatsoever. On the contrary (and notice is hereby given) the right and power to charge any lien or encumbrance of any kind against the Common Area or against any Owner or any Owner's Lot for work done or materials furnished to any other Owner's Lot is hereby expressly denied. Section 7.2 Indemnification. If, because of any act or omission of any Owner, any mechanic's or other lien or order for the payment of money shall be filed against the Common Area or against any other Owner's Lot or any Owner or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall at his own cost and expense cause the same to be canceled and discharged of record or bonded by a surety company reasonably acceptable to the Association, or to such other Owner or Owners) within twenty (20) days after the date of filing thereof, and further shall indemnify and save all the other Owners and the Association hannless from and against any and all costs, expenses, claims, losses or damages including, without limitation, reasonable attorneys' fees, resulting therefrom. Section 7.3 Association Action. Laborperfonnedormaterial furnished for the Common Area, if duly authorized by the Association in accordance with the Declaration or the Bylaws, shall be deemed to be performed or furnished with the express consent of each Owner and shall be the basis for the filing of a lien pursuant to law against the Common Area. Any such lien shall be limited to the Common Area and no lien may be eff~cted against an individual Lot or Lots. ARTICLE VIII PROPERTY RIGHTS OF OWNERS AND RESERVATIONS BY DECLARANT Section 8.1 Owner's Easement of Enjoyment. Every Owner has a right and easement of enjoyment in and to the Common Area, which shall be appurtenant to and shall pass with the title te> every Lot. Ce11ain third persons also inay have access to the Common Area as set forth in the Declaration of Protective Covenants Rose Ranch P. UD., Phase 1 13-Sep-99 14 I llllll lllll llllll llll ll\lll llllll lllll llt 1111111111111 623133 03/18/2003 04:07P 81447 P908 M ALSDORF 25 or 81 R 406.00 D 0.00 GARFIELD COUNTY CO Association Rules. Every Owner shal1 have a right of access to and from his Lot. No Owner sha11 hinder nor pem1it his guest to hinder reasonable access by any other Owner and his guest to the Lots and parking areas. Section 8.2 Recorded Easements. The Property shall be subject to all easements, licenses, covenants, and restrictions as shown on any recorded plat affecting the Property and to any other easements ofrecord or of use as of the date of recordation of this Declaration, including without limitation those set fo11h within Exhibit D hereto. In addition, the Prope1iy is subject to those easements set forth in this Article VIII. Section 8.3 Declarant's Rights Incident to Construction. Declarant, for itself and its successors and assigns, hereby reserves an easement for construction, utilities) drainage, ingress and egress over, in, upon, under and across the Common Area, together with the right to store materials on the Common Area, to build and maintain temporary walls, and to make such other use of the Common Area as may be reasonably necessary or incident to any construction ofimprovements on the Property, or other real property owned by Declarant, or other properties abutting and contiguous to the Property; provided, however, that no such rights shall be exercised by Declarant in a way which unreasonably interferes with the occupancy, use, enjoyment, or access to the Common Area by the Owners. Section 8.4 Utility Easements. There are hereby reserved unto Declarant (so long as the Declarant owns any of the Property), the Golf Course, the Association, and the designees of each (which may include, without limitation, Garfield County, Colorado and any utility company) easements upon, across, over and under all of the Lots, with the exception of the building envelope, to the extent reasonably necessary for the purpose ofinstalling, replacing, repairing, and maintaining cable television systems, master television antenna systems, security and similar systems, roads, walkways, bicycle pathways, lakes, ponds, wetlands, drainage systems, inigation systems, street lights, signage, and all utilities, including, but not limited to, water, sewers, meter boxes, telephone, gas and electricity. The foregoing easements may traverse the private property of any Owner; provided, however, an easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing dwelling on a Lot or building envelope as shown on the Plat, and any damage to a Lot resulting from the exercise of an easement shall be reasonably repaired by, and at the expense of, the Person exercising the easement. The exercise of an easement shall not unreasonably interfere with the use of any Lot and, except in any emergency, entry onto any Lot shall be made only after reasonable notice to the Owner or occupant. Declarant specifically reserves the right to convey to the local water supplier, sewer authority, electric company, natural gas supplier and cable television or communications systems supplier and any other utility supplier an easement across the Property for ingress, egress, installation, reading, replacing, repai1ing and maintaining utility meters and boxes. However, the exercise of this easement shall not extend to pem1itting entry into the dwelling on the Lot, nor shall Dec/a.ration of Protective Covenants Rose Ranch P. U.D., Phase J l 3-Sep-99 15 111111111111111111111111111111111111111111 lllllll II llll 623133 03/18/2003 04:07P 81447 P909 M ALSDORF 26 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO any utilities be insta1led or relocated on the Property, except as approved by the Executive Board or Dec]arant. Should any entity furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, the Executive Board or Dec]arant shall have the right to grant such specific, descriptive easement over the Property without conflicting with the terms hereof. The easements provided for in this Article shall in no way adversely affect any other recorded easement on the Property. The Owner of a Lot subject to such easement shall cooperate with Declarantand the Executive Board and take all actions, including, without limitation, executing any documents evidencing such descriptive easement as reasonably requested by the Executive Board or Declarant. In the event an Owner fails to cooperate in such matter the Association or Declarant may, pursuant to Section 8.14 below, exercise its power to act as that Owner's attorney-in-fact to ·execute any necessary documentation on behalf of such Owner. The Executive Board shall have the power to dedicate portions of the Common Area to Garfield County, Colorado, the Special District or to any other local, state or federal government or quasi-governmental entity. Section 8.5 Support Easement. Each Lot is subject to a blanket easement for support and a blanket easement for the maintenance of the structures or improvements presently situated, or to be built in the future, on the Lots. Section 8.6 Road Easement. The Lots may have common Roads and/or driveways upon certain Lots serving more than one Lot, and there is granted hereby a non-exclusive easement to the Owners of Lots served by any such Road or driveway for ingress and egress purposes over and across those portions of such Lots which are used as a Road or driveway. No Owner shall hinder nor permit his guest to hinder reasonable access by any otherDwner_andhis guest to the Lots. Section 8.7 Reservation for Expansion. Declarant hereby reserves for itself and the Association and/or for Owners in all future phases of The Rose Ranch an easement and right-of-way over, upon and across the Property for construction, utilities, drainage, and ingress and egress from the Golf Course, and other properties abutting and contiguous to the Property and the Golf Course, and for use of the Common Area as may be reasonably necessary or incident to the construction of improvements on the Lots or other improvements on the Property or the Golf Course; provided, however, that no such rights shall be exercised by Declarant in a way which unreasonably interferes with the occupancy, use, enjoyment, or access to the Co1m11on Areas by the Owners. The location of these easements and rights-of-way may be made certain by Declarant or the Association by instruments recorded in the office of the Clerk and Recorder, Garfield County, Colorado. Section 8.8 Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon the Property in the proper perfonnance of their duties. Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 16 111111111111111111111111111111111111111111 lllllll II llll 623133 03/18/2003 04:07P 81447 P910 M ALSDORF 27 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 8.9 Easements for Lake and Pond Maintenance and Flood Water. Declarant reserves for itself and its successors, assigns and designees the nonexclusive right and easement) but not the obligation) to enter upon the lakes) ponds, streams and wetlands located within the Common Area to (i) install, keep, maintain, and replace pumps in order to provide water for the inigation of ally of the Common Area or the Golf Course; (ii) construct, maintain, and repair any bulkhead, wall, dam or other structure retaining water; and (iii) remove trash and other debris therefrom and fulfill their mainte11ance responsibilities as provided in this Section. Declarant, the Association, and their designee shall have an access easement over and across any of the Property abutting or containing any portion of any of the lakes, ponds, streams, or wetlands to the extent reasonably necessary to exercise their rights under this Section. There is further reserved herein for the benefit of Declarant, the Association, and their designees:> a perpetual, nonexclusive right and easement of access and encroachment over the Common Area and Lots (but not the dwellings thereon} adjacent to or within one hundred feet of lake beds, ponds and streams within the Property, in order to (i) temporarily flood and back water upon and maintain water over such portions of the Property; (ii) fill, drain, dredge, deepen, clean, fertilize, dye and generally maintain the lakes, ponds, streams, and wetlands within the Common Area; (iii) maintain and landscape the slopes, banks and surrounding areas pertaining to such lakes, ponds, streams, and wetlands; (iv) construct, maintain, operate, repair, and replace water lines, water storage tanks, water house facilities and other improvements necessary or convenient for the installation and operation of the Association's water system; and (v) enter upon and across such portions of the Property for the purpose of exercising its rights under this Section. All person~ entitled to exercise these easements shall use reasonable care in, and repair any damage resulting from the intentional exercise of such easements. Nothing herein shall be construed to make Declarant or any other Person liable for damage resulting from flooding due to heavy rainfall, or other natural disasters. Section 8.10 Easements for Encroachments. To the extent that any improvement constructed within the Common Area (including, without limitation, any portion of the Roads) encroaches on any Lot, either currently existing or as a result of any addition or improvement pursuant to this Declaration, a valid easement for such Lot, either currently existing or as a result of any addition or improvement pursuant to this Declaration, a valid easement for such encroachments and for the maintenance of same, so long as they exist, shall and does exist. In the event any such improvement is partially or totally destroyed, and then rebuilt, the Owners agree that minor encroaclnnents of parts of such rebuilt improvements shall be pern1itted and that a valid easement for said encroachment and the maintenance thereof shall exist so long as the improvements shall stand. Section 8 .11 General Maintenance Easement. An easement is hereby reserved to Declarant, and granted to the Association, and any member of the Executive Board or the Manager, and their respective officers, agents, employees, and assigns, upon, across, over, in, and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency Declaration of Protective Covenants Rose Ran.ch P. U.D., Phase J 13-Sep-99 17 I llllll lllll llltll llll llllll llllll lllll Ill lltllll II 1111 623133 03/18/2003 04:07P 81447 P911 M ALSDORF 28 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO repairs or to perfom1 the duties and functions which the Association is obligated or pennitted to perfmm pursuant to the Association Documents or to protect the Association's property. Sect.ion 8.12 Blanket Easement. Declarant hereby reserves to itself, its successors and assigns, and grants to the Association, a blanket easement upon, across, over and under the Prope1ty, with the exception of building enve1opes, for the installation, replacement, repair and maintenance of drainage, ditch, utility and otl1er service lines and systems, including but not limited to, water, sewer, gas, telephone, television, cable or communication and electric lines and systems and drainage structures and, further, for the purpose of cuts and fills and/or retaining walls adjacent to the Roads as are necessary or desirable for the proper construction, use and maintenance of the Roads. Declarant, its successors and assigns, further reserves the right, but not the obligation, and grants to the Association the right, but not the obligation, to record a document specifying the boundaries of such easements at any time after such utility lines, roadway cuts and fills and/or retaining walls, pedestrian trails or other improvements described above have been constructed. Section 8.13 Declarant's Right to Excess Capacity. To the maximum extent pem1itted by the Act, beclarant, during the period of Declarant control and for a period of 20 years thereafter, reserves the right to use excess capacity of the water system, water rights, waterways, wells, ponds, springs and all pumps, pipelines, ditches, tanks, measuring devices, meters or other facilities associated therewith, including any facilities necessary for the exercise of any existing or subsequently decreed water rights or augmentation plan together with easements associated therewith for the construction, erection, maintenance, operation, use, expansion, repair and replacement of the water rights and/or facilities, and to add to such water system or water rights, to amend or change any water court decree, or to substitute the water source or amount of water in any water right as may be subsequently decreed by appropriate action in the water court or with the State Engineer's Office. Section 8.14 Association as Attorney-in-Fact. Each Owner, by his acceptance of a deed or other conveyance vesting in him an interest in a Lot, does irrevocably constitute and appoint the Association and/or Declarant with full power of substitution in the Owner,s name, place and stead to deal with Owner's interest in order to effectuate the rights reserved by Declarant or granted to the Association, as applicable, with full power, right and authorization to execute and deliver any instrument affecting the interest of the Owner and to take any other action which the Association or Declarant may consider necessary or advisable to give effect to the provisions of this Section and this Declaration generally. If requested to do so by the Association or Declarant, each Owner shall execute and deliver a written, acknowledged instrument confirming such appointment. No Owner shall have any iights against the Association or Declarant or any of their officers or Directors with respect thereto except in the case of fraud or gross negligence. Section 8.15 Delegation of Use. Any Owner may delegate his tight of enjoyment to the Common Area to the members of his family, his tenants, guests, licensees, and invitees, but only in accordance with and subject to the limitations of the Association Documents. Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 18 1111111 111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P912 M ALSDORF 29 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 8.l 6 Dec]arant's Right of Assig1m1ent. Declarant reserves the right to assign any or all of its rights, obligations or interests as Declarant by recording an assigm11ent or deed ofrecord executed by both Declarant and the transferee or assignee in the Office of the Clerk and Recorder of Garfield County, Colorado, designating such pmty as a Successor Declarant. Upon such recording, Declaranf s rights and obligations under this Declaration shalJ cease and te1111inate io the extent provided in such document. Section 8.17 Easements for Private Amenity Activities. The Private Amenities and their members (regardless of whether such members are Owners hereunder), their guests, invitees, and the employees, agents, contractors, and designees of the Private Amenities shall at all times have a right and non-exclusive easement of access and use over all roadways located within the Property reasonably necessary to travel from/to the entrance to the Property and from/to the Private Amenity(ies). Without limiting the generality ofthe foregoing, members of the Private Amenities and permitted members of the public shall have the right to park their vehicles on the roadways located within the Property at reasonable times before, during and after functions held by/at the Private Amenities, which may include, without limitation, golftoumaments. Section 8.18 Declarant's Right to Conduct Business. Declarant, during the period of Declarant control of the Executive Board and for a period of 20 years thereafter, reserves the right to conduct certain activities which, notwithstanding any provision contained in this Declaration to the contrary, shall include the right to maintain a sales office, management office and other such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or necessary for the construction, sale and management of any Lots. Such facilities may include without limitation a business office, storage area, construction yards, signs, model units, sales offices, construction office, parking areas and lighting and temporary parking structures for all prospective purchasers of Lots. Section 8.19 Declarant's Right to Vacate and Re-Dedicate Roads. Declarant, during the period ofDeclarant control of the Executive Board and for a period of 20 years thereafter, reserves the right to take on behalf of the Association and each Owner, all actions necessary to cause the roads, contained within the Property and dedicated to the public under the Plat, to be vacated and re-dedicated to the Association and Owners as private roadways for the exclusive use and enjoyment of the Declarant, Owners and the Association. In the event Declarant exercises its rights under this reservation, the Association and each Owner shall be deemed to consent to: i. the filing and prosecution by Declarant of all petitions/applications required to effect the vacation of such public roads pursuant to Colo. Rev. § 43-2~303; and ii the acceptance by Declarant of title to such public roads upon vacation upon condition that Declarant re-dedicate or convey such roads to the Association and Owners for use consistent with this Section 8.19; Declaration of Protective Covenants Rose Ranch P. U.D., Phase I l 3-Sep-99 19 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P913 M ALSDORF 30 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO m. the filing and prosecution by Declarant, under the Garfield County Subdivision and Zoning Regulations, of all petitions/applications for zorilng or plat amendment wmrnnted by the vacation and re-dedication of such public roads to the Association and Owners. Section 8.20 Declarant's Right to Create Subassociations. To the maximum extent pe1mitted by the Act, Declarant, duiing the period ofDeclarant control and for a peiiod of 20 years thereafter, reserves the right to create subassociations or make the Association subject to a master association, or to merge or consolidate the Association with another association of a similar nature or same fo1111 or ownership, whether such merger be into and with an existing Association or a subsequently fonned homeowners association. ARTICLE IX MAINTENANCE AND LANDSCAPING Section 9.1 Maintenance and Landscaping of Lots. A. Subject to Article XVI, each Owner shall be solely responsible for all landscaping, maintenance and repair of his Lot and of the exterior and interior of his residence, including all fixtures and improvements and all utility lines and equipment located therein or in, on or upon his Lot and is required to maintain the Lot and any improvements located thereon in a condition of good order and repair. No Owner shall unreasonably damage the value of other Lots such as by shoddy upkeep of such Owner's Lot or any structures located on the Lot. B. Owners shall be responsible for all maintenance and r,epairs of utility service lines, connections, facilities ap.d related equipment providing service to such Owner's Lot and the residence and other buildings and improvements constructed upon such Lot, with such responsibility to begin at the point where a utility provider ceases responsibility for maintenance and repair for a particular utility. The responsibility of an Owner for repair and maintenance shall include those portions of said Owner~s Lot, other Lots, unplatted tracts, platted open space, platted easements, and streets and roads which are crossed by such a utility service line or other improvement. All such expenses and liabilities shall be borne solely by the Owner of such Lot, who shall have a perpetual easement in and to that part of the Property lying outside of such Owner's Lot for purposes of maintenance, repair and inspection. Each Owner shall use the utility service easement provided herein in a reasonable manner and shall promptly restore the surface overlying such easements when maintaining or repairing a utility service line or other improvement. C. No Owner shall constmct any structure or improvement or make or suffer any stmctural or design change (including a color scheme change), either pennanent or temporru.y and of any type or nature whatsoever to the exterior of his residence or construct any addition or improvement on his Lot without first obtaining the prior w1itten consent thereto from the Design Review Board pursuant to Article XVI hereto. Declaration of Protective Covenants Rose Ranch P.U.D., Phase l l 3-Sep-99 20 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P914 M ALSDORF 31 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 9 .2 Common Area. The Association shall maintain the Common Area as set forth in Section 6.3 above. Maintenance of the Common Area shall be performed at such time and in such a manner as the Association shall detennine. Section 9.3 Roads. A. The Association shall maintain and keep the Roads in good repair, and the cost of such maintenance shall be funded as provided in A.liicle XL This maintenance shall include, but shall not be limited to, upkeep, repair and replacement of the Roads (which shall include, without limitation, snow removal services). The Association's responsibility for Road maintenance under this Section applies whether or not such Roads lie on a Common Area, or some other area of the Property. In the event the Association does not maintain or repair the Roads, Declarant shall have the right, but not the obligation, to do so at the expense of the Association. The Association may contract for these services with any public or private entity. B. If the Executive Board deems it advisable, the Association may, at any time, enter into a written agreement to dedicate or convey the Roads to either a metropolitan district or to Garfield County. In the event a dedication to Garfield County is made under this Section, the Roads must meet all Garfield County road and trail plan standards applicable at the time of such dedication. Garfield County SHALL HAVE NO OBLIGATION TO ACCEPT THE OWNERSHIP OF THE ROADS OR THE RESPONSIBILITY TO MAINTAIN THE ROADS. Section 9.4 Maintenance Contract. The Association or Executive Board may employ or contract for the services of a third party to perform certain delegated powers, functions, or duties of the Association to maintain the Common Area. The employed individual or maintenance company shall have the authority to make expenditures upon prior approval and direction of the Executive Board. The Executive Board shall not be liable for any omission or improper exercise by the employed third paiiy of any duty, power, or function so delegated by written instrument executed by or on behalf of the Executive Board. Section 9.5 Owner's Failure to Maintain or Repair. In the event that a Lot and the improvements thereupon are not properly maintained and repaired by an Owner, or in the event that the improvements on the Lot are damaged or destroyed by an event of casualty and the Owner does not take reasonable measures to diligently pursue and repair the reconstruction of the damaged or destroyed improvements to substantially the same condition in which they existed prior to the damage or destruction, then the Association, after notice to the Owner and with the approval of the Executive Board, shall have the right to enter upon the Lot to perform such work as is reasonably required to restore the lot and the buildings and other improvements thereon to a condition of good order and repair. All costs incurred by the Association in connection with the restoration shall be reimbursed to the Association by the Owner of the Lot, upon demand. All unreimbursed costs shall be a lien upon the Lot until reimbursement is made. The lien may be enforced in the same manner as a lien for an unpaid assessment levied in accordance with Article XI of this Declaration. Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 21 I llllll lllll llllll llll llllll llllll lllll Ill lllll llll llll 623133 03/18/2003 04:07P B1447 P915 M ALSDORF 32 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 9.6 Drainage Stmctures. All drainage control structures located on the Property shalJ be maintained by the Association in confonnance with the provisions set forth within the report drafted by High Country Engineering, Inc., dated October 14) 1998 and titled MAINTENANCE PLAN FOR ROSE RANCH'S BEST MANAGEMENT PRACTICES --BEST MANAGEMENT PRACTICES --WATER QUALITY & DRAINAGE STRUCTURES. Section 9. 7 Parkland Maintenance. The Association sha11, in the maintenance and care of all parks and other lands contained within the Property as Common Areas, be subject to and abide by the Best Management Practices set forth in the reports prepared by Environmental & Turf Services, Inc. titled THE ROSE RANCH INTEGRATED GOLF COURSE MANAGEMENT PLAN (Dated August 31, 1998) and MANAGEMENT PLAN AND RISK ASSESSMENT FOR THE ROSE RANCH GOLF COURSE (Dated July 10, 1998). Section 9.8 Maintenance of Reports. The Association shall maintain within its offices copies of the reports identified and referenced in Sections 9.6 and 9.7 above, which reports shall remain available for inspection and review by all Members, the DeClarant and the County of Garfield. ARTICLEX INSURANCE AND FIDELITY BONDS Section 10.1 General Insurance Provisions. The Association shall maintain, to the extent reasonably available: (i) Property insurance on the Common Area for broad form covered causes of loss; except that the total amount of insurance must be not less than the full insurable replacement costs of the insured property less reasonable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, paving areas, landscaping and other items nonnally excluded from property policies; and (ii) Commercial general liability insurance against claims and liabilities arising in com1ection with the ownership, existence, use, or management of the Common Area and the Association, in an amount deemed sufficient in the judgment of the Executive Board, insuring the Executive Board, the Association, the Manager, and their respective employees, agents, and all persons acting as agents. Declarant shall be included as an additional insured in Declarant's capacity as an Owner and Executive Board member. The Owners shall be included as additional insureds but only for claims and liabilities arising in c01mection with the ownership, existence, use, or management of the Common Area. The insurance shall cover claims of one or more insured parties against other insured parties. (iii) The Association may carry such other and further insurance that the Executive Board considers appropriate, including insurance on Lots, or insurance covering the acts Declaration. of Protective Covenants Rose Ranch P. U.D., Phase J I 3-Sep-99 22 ' llllll lllll llllll llll llllll lltlll lllll Ill lllll llll lllf 623133 03/18/2003 04:07P B1447 P916 M ALSDORF 33 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO or omissions of officers, directors, employees or agents of the Association, or other insurance that the Association is not obligated to carry to protect the Assodation or the Owners. Section I 0.2 Cance11ation. If the insurance described in Section 10.1 is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement poljcy therefor having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Owners. Section I 0.3 Policy Provisions. Insurance policies carried pursuant to Section I 0.1 must, to the extent available, provide that: (i) Each Owner is an insured person under the policy with respect to liability arising out of such Owner's membership in the Association; (ii) The insurer waives its rights to subrogation under tlrn policy against any Owner or member of his household; (iii) No act or omission by any Owner, unless acting within the scope of such Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and (iv) If, at the time of a loss under the policy, there is other insurance in the name of an Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. Section 10.4 Insurance Proceeds. Any loss covered by the property insurance policy described in Section 10.1 must be adjusted with the Association, but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Owners and Mortgagees as their interests may appear. Subject to the provisions of Section 10. 7 below, the proceeds must be distributed first for the repair or restoration of the damaged property, and thef\.ssociation, Owners and Mortgagees are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the damaged property has been completely repaired or restored or the regime created by this Declaration is tem1inated. Section I 0.5 Association Policies. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to real property, it shall have the authority to assess negligent Owners causing such loss orbenefitting from such repair or restoration all or any equitable portion of the deductibles paid by the Association. Declamtion of Protective Covenants Rose Ran.ch P. U.D., Phase 1 l 3-Sep-99 23 ' 11111111111 1111111111111m 11"111"1111t 111111"11111 623133 03/18/2003 04:07P 81447 P917 M ALSDORF 34 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 10.6 Insurer Obligation. To the extent the following is avajlable, an insurer that has issued an insurance policy for the insunmce described in Section 10.1 shall issue ce11:ificates or memoranda of insurance to the Association and, upon request, to any Owner or Mortgagee. UnJess otherwise provided by statute, the insurer issuing tbe policy may not cancel orrefuse to renew it until thi1ty (30) days after not]ce of the proposed cancellation or nomenewa1 has been mailed to the Association and to each Owner and Mortgagee to whom a ce11:ificate or memorandum of insurance has been issued at their respective last-lmown addresses. Section 10. 7 Repair and Replacement. A. Any portion of the Common Area for which insurance is required under this Article which is damaged or destroyed must be repaired or replaced promptly by the Association unless: (i) The regime created by this Declaration is tem1inated; (ii) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; (iii) Sixty-seven percent of the Owners vote not to rebuild, including the vote of every Owner of a Lot or assigned limited common element that will not be rebuilt; or (iv) Prior to the conveyance of any Lot to a person other than Declarant, the Mortgagee holding a deed of trust or mortgage on tbe damaged portion of the Common Area rightfully demands all or a substantial part of the insurance proceeds. B. Thecostofrepairorreplacementinexcess ofinsuranceproceeds and reserves is a Common Expense. If the entire Common Area is not repaired or replaced, the insurance proceeds attributable to the damaged Common Area must be used to restore the damaged area to a condition compatible with the remainder of The Rose Ranch, and except to the extent that other persons will be distributees, the unused insurance proceeds must be distributed to all the Owners or Mortgagees, as their interests may appear in proportion to the Common Expense liabilities of all the Lots. Section 10.8 Common Expenses. Premiums for insurance that the Association acquires and other expenses co1mected with acquiring such insurance are Common Expenses. Section 10.9 Fidelity Insurance. Fidelity bonds must be maintained by the Association to protect against dishonest acts on the part of its Directors, officers, trustees, and employees and on the part of all others who handle or are responsible for handling the funds belonging to or administered by the Association in an amount not less than two months' current Assessments plus reserves as calculated from the cunent budget of the Association. In addition, if responsibility for handling funds is delegated to a Manager, such bond may be obtained for the Manager and its Declaration of Protective Covenants Rose Ranch P. UD., Phase 1 J 3-Sep-99 24 t 111111111111111111111 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P918 M ALSDORF 35 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO officers, employees, and agents, as appbcable. Any such fidelity coverage shall name the Association as an obligee and such bonds shall contain waivers by the issuers of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees," or similar tem1s or expressions. Section 10. 10 Worker's Compensation. Insura.11ce. The Executive Board shall obtain worker's compensation or similar insurance with respect io its employees, if applicable, in the amounts and forn1s as may now or hereafter be required by law. Section 10.11 Other Insurance. The Association shall also maintain insurance to the extent reasonably available and in such amounts as the Executive Board may deem appropriate on behalf of Directors against any liability asserted against a Director or incuned by him in his capacity of or arising out of his status as a Director. The Executive Board may obtain insurance against such other risks of a similar or dissimilar nature as it shall deem appropriate with respect to the Association ,s responsibilities and duties. Section 10.12 Insurance Obtained by Owners. Each Owner shall obtain and at all times maintain physical damage and liability insurance for such Owner's benefit, at such Owner's expense, covering the full replacement value of the Owner's Lot and residence (except to the extent any such Lot is encumbered by an easement conveyed to the Association as Common Area), personal property and personal liability insurance in a limit of not less than Five Hundred Thousand Dollars ($500,000.00) in respect to bodily injury or death to any number of persons arising out of one accident or disaster, or for damage to property, and if higher limits shall at any time be customary to protect against tort liability such higher limits shall be carried. In addition, an Owner may obtain such other and additional insurance coverage on the Lot and residence as such Owner in the Owner's sole discretion shall conclude to be desirable; provided, however, that none of such insurance coverage obtained by the Owner shall operate .to decrease the amount which the Executive Board, on behalf of all Owners, may realize under any policy maintained by the Executive Board or otherwise affect any insurance coverage obtained by the Association or cause the diminution or termination of that insurance coverage. Any insurance obtained by an Owner shall include a provision waiving the particular insurance company's right of subrogation against the Association and other Owners, including Declarant, should Declarant be the Owner of any Lot. No Owl}er shall obtain separate insurance policies on the Common Area. All Owners are required to maintain on file copies of all such current policies with the Association to evidence their obligations hereunder and to facilitate recovery of all appropriate awards or proceeds by the Association. ARTICLE XI ASSESSMENTS Section 11. l Obligation. Each Owner, including Declarant, by accepting a deed for a Lot, is deemed to covenant to pay to the Association (i) the Annual Assessments imposed by the Declaration of Protective Covenants Rose Ran.ch P. V.D., Phase 1 13-Sep-99 25 1111111111111111111111111111 111111111111111111111111111 623133 03/18/2003 04:07P 81447 P919 M RLSDORF 36 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Executive Board as necessary to meet the Common Expenses of maintenance, operatjon, and management of the Conm1011 Area and to perforn1 the functions of the Association; (ii) Special Assessments for capital improvements and otherpmvoses as stated in this Declaration, ifpen11i1ted under the Act; and (iii) Default Assessments which may be assessed against a Lot for the Owner's failure to perfom1 an obligation under the Association Documents or because the Association has in.cuffed an expense on behalf of the Owner under the Association Documents. Sectlon 11.2 Purnose of Assessments. The Assessments sha]] be used exclusively to promote the health, safety and welfare of the Owners and occupants of The Rose Ranch, for the improvement and maintenance of the Common Area and other areas of Association responsibility referred to herein, as more fully set forth in this Article below and in Article XVIII. Section 11.3 Budget. Within thirty (30) days after the adoption of any proposed budget for the Association, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all the Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more thai.i sixty (60) days after mailing or other deli very of the summary. Unless at that meeting sixty percent ( 60%) of all Owners, whether or not present at the meeting, reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed by the Executive Board. The Executive Board shall adopt a budget and submit the budget to a vote of the Owners as provided herein no less frequently than annually. The Executive Board shall levy and assess the Annual Assessments in accordance with the annual budget. Section 11.4 Annual Assessments. Annual Assessments for Common Expenses made shall be based upon the estimated cash requirements as the Executive Board shall from time to time determine to be paid by all of the Owners, subject to Section 11.3 above. Estimated Common Expenses shall include, but shall not be limited to, the cost ofroutine maintenance and operation of the Common Area; expenses of management, taxes and special governmental assessments pertaining to the Common Area and insurance premiums for insurance coverage as deemed desirable or necessary by the Association; landscaping, care of grounds within the Common Area; routine repairs ai1d renovations within the Conunon Area; wages; common water and utility charges for the Common Area; legal and accounting fees; management fees; expenses and liabilities incurred by the Association under or by reason of this Declaration; payment of any default remaining from a previous assessment period; and the creation of a reasonable contingency or other reserve or surplus fund for general, routine maintenance, repairs, and replacement of improvements within the Common Area on a periodic basis,' as needed. Notwithstanding the use of the tenn "Annual" Assessments, the Association may establish an Annual Assessment for less than 12 months (~, set two six month ''Annual Assessments"). Until the Association makes an Ammal Assessment, the Declarant shall pay all Common Expenses. Annual Assessments shall be payable on a prorated basis each year i11 advance and shall be due on the first day of each month, calendar quarter or year, as dete1111ined by the Executive Board. Declaration of Protective Covenants Rose Ranch P. U.D., Phase l l 3-Sep-99 26 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P920 M ALSDORF 37 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO The omission or failure of the Association to fix the Almual Assessments for any assessment period shall not be deemed a waiver, modification, or release of the Owners from their obligation to pay the same. The Association sha1I have the right, but not the obligation, to make prorated refunds of any A.lmual Assessments in excess of the actual expenses incun-ed jn any fiscal year. In the alternative, the Executive Board may elect to allocate any such excess Assessments to an Association working capital fund or to an Association reserve fund. Section 11.5 Apportionment of A.Imual Assessments. Each Owner shall be responsible for that Owner's share of the Common Expenses, which shall be divided among the Lots on the basis of the Sharing Ratios in effect on the date of assessment, subject to the following provisions. All expenses (including, but not limited to, costs of maintenance, repair, and replacement) relating to fewer than all of the Lots to the extent not covered by insurance may be borne by the Owners of those affected Lots only at the reasonable discretion of t11e Executive Board. The fonnula used in establishing Sha1ing Ratios is an equal allocation among all of the Lots. Section 11.6 Special Assessments. In addition to the Annual Assessments authorized by this Article, the Association may levy in any fiscal year one or more Special Assessments, if permitted under the Act, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of improvements within the Common Area or for any other expense incurred or to be incurred as provided in this Declaration. This Section 11.6 shall not be construed as an independent source of authority for the Association to incur expense, but shall be construed to prescribe the manner of assessing expenses authorized by other sections of this Declaration, and in acting under this Section, the Association shall make specific references to this Section. Any amounts assessed pursuant to this Section shall be assessed to Owners in the same proportion as provided for Annual Assessments in Article XI, Section 11.4, subject to the requirements that any extraord.inary maintenance, repair or restoration work on fewer than all of the Lots shall be bome by the Owners of those affected Lots only; and any extraordinary insurance costs incurred as a result of the value of a particular Owner's residence or the actions of a particular Owner (or his agents, servants, guests, tenants, or invitees) shall be borne by that Owner. Notice in writing in the amount of such Special Assessments and the time for payment of the Special Assessments shall be given promptly to the Owners, and no payment shall be due less than thirty (30) days after such notice shall have been given. Section 11. 7 Default Assessments. All monetary fines assessed against an Owner pursuant to the Association Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Association Documents, shall be a Default Assessment and shall become a lien against such Owner's Lot which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due date of such Default Assessment shall be sent to the Owner subject to such Assessment at least thirty (30) days prior to the due date. Declaration of Protective Covenants Rose Ran.ch P. UD., Phase I 13~Sep-99 27 I llllll lllll llllll llll llllll llllll lllll Ill lllll llll )Ill 623133 03/18/2003 04~07P B1447 P921 M ALSDORF 38 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 11.8 Effect of Nonpayment; Assessment Lien. .AJ.1y Assessment installment, whether pertaining to any Annual, Special, or Default Assessment, which is not paid within thirty (30) days after its due date shall be delinquent. If an Assessment installment becomes delinque11t, the Association, in its sole discretion, may take any or all of the followin~ actions: (i) Assess a late charge for each delinquency in such amount as the Association deems approp1iate; (ii) Assess an interest charge from the date of delinquency at the yearly rate of two points above the prime rate charged by the Association's bank, or such other rate as the Executive Board may establish, not to exceed twenty-one percent (21 %) per ammm; (iii) Suspend the voting rights of the Owner during any period of delinquency; (iv) Accelerate all remaining Assessment installments so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once; (v) Bring an action at law against any Owner personally obligated to pay the delinquent Assessments; and (vi) Proceed with foreclosure as set forth in more detail below. Assessments chargeable to any Lot shall constitute a lien on such Lot. The Association may institute foreclosure proceedings against the defaulting Owner's Lot in the manner for foreclosing a mortgage on real property under the laws of the State of Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, the cost and expenses for filing the notice of the claim and lien, and all reasonable attorney's fees incurred in connection with the enforcement of the lien. The Association shall have the power to bid on a Lot at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. The Association may bid for the Lot at the foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. While a Lot is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Lot shall be charged, in addition to its usual Assessment, its equal pro rata share of the Assessment that would have been charged such Lot had it not been acquired by the Association. The Association may sue for unpaid Common Expenses and costs without foreclosing or waiving the lien securing the same. To the maximum extent pennitted by law, the lien of the Assessments will be superior to and prior to any homestead ex emption provided now or in the future by the law of the State of Colorado, ~md to all other liens and encumbrances except liens and encumbrances recorded before the date of the recording of this Declaration, and liens for governmental assessments or charges imposed against Declamtion of Protective Covenants Rose Ranch P. U.D., Phase I 13-Sep-99 28 1111111 lllll llllll llll llllll llllll lllll Ill lllll llll llll 623133 03/18/2003 04:07P 81447 P922 " ALSDORF 39 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO a Lot by a Colorado govenm1enta1 or political subdivision or special taxing district or any other liens made superior by statute. Section 11.9 Personal Obligation. The amount ofany Assessment chargeable against any Lot sha11 be a personal and individual debt of the Ownerofsame. No Owner may exempt hjmself from liability for the Assessment by abandonment of his Lot or by waiver of the use or enjoyment ofall or any part of the Conunon Area. Sujt to recover a money judgment for unpaid Assessme11ts) any penalties and interest thereon, the cost and expenses of such proceedings, and all reasonable attorney's fees in connection therewith shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration. Section 11.10 Successor's Liability for Assessments. The provisions of the Act shall govern and control: (a) the obligations of successors to the fee simple title of a Lot on which Assessments are delinquent and (b) the subordination by the lien of the Assessments provided for in this Declaration. Notwithstanding the foregoing or any contrary provision herein, the lien of the Assessments shall represent a prior and senior lien and shall enjoy priority over any First Mortgage recorded subsequent to the recording of the Declaration. Section 11.11 Payment by Mortgagee. Any Mortgagee holding a lien on a Lot may pay any unpaid Assessment payable with respect to such Lot, together with any and all costs and expenses incurred with respect to the lien, and upon such payment that Mortgagee shall have a lien on the Lot for the amounts paid with the same priority as the lien of the Mortgage. Section 11.12 Statement of Status of Assessment Pavment. Upon payment of a rea~onable fee set from time to time by the Executive Board and upon fourteen (14) days' written request to the Manager or the Association's registered agent, any Owner, Mortgagee, prospective Mortgagee, or prospective purchaser of a Lot shall be furnished with a written statement setting forth the amount of the unpaid Assessments, if any, with respect to such Lot. Unless such statement shall be issued by personal delivery or by certified mail, fust class postage prepaid~ return receipt requested,. to the inquiring party (in which event the date of posting shall be deemed the date of delivery) within fourteen ( 14) days, the Association shall have no right to assert a lien upon the Lot over the inquiring party's interest for unpaid Assessments which were due as of the date of the request. Section 11.13 Capitalization of the Association. Upon acquisition of record title to a Lot from Declarant or any seller after Declarant, each Owner shall contribute to the working capital and reserves of the Association an amount equal to twenty-five percent (25%) of the Annual Assessment dete1mined by the Executive Board for that Lot for the year in which the Owner acquired title. Such payments shall not be considered advance payments of the Annual Assessments. The unused portion of the working capital deposit shall be returned to each Owner, without interest, upon the sale ofhis Lot, provided that the new purchaser of the Lot has deposited the required working capital ~eposit with the Association. The Executive Board shall be entitled to make use of the working capital reserves in its discretion following a ten (10) day written notice of its intention to so use the reserves and the purposes therefor is mailed to all of the Owners. Declaration of Protective Coven.ants Rose Ranch P. UD., Phase 1 /3-Sep-99 29 I llllll lllll llllll llll llllll llllll lllll Ill lllll llll llll 623133 03/18/2003 04:07P 81447 P923 M ALSDORF 40 oF 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 11 .14 Rea] Estate Transfer Assessment. If pennitted by law, the Executive Board, in its discretior~, may Jevy a real estate transfer assessment upon the transfer ofreal property within the Prope11y. Any such real estate transfer assessment must be made pursuant to certain unifom1 procedures, limitations and exclusions as are cunently in effect for other similar real estate projects in Garfield County, Colorado. In addition, the procedures, limitations and exclusions must be placed ofrecord by the Association in the Office of the Clerk and Recorder for Garfield County, Colorado~ prior to the enactment of such levy. fa no event shall the real estate transfer assessment rate exceed two percent (2%) of the fair market value of the property being transferred. ARTICLE XII ASSOCIATION AS ATTORNEY-IN-FACT Each Owner hereby irrevocably appoints the Association as the Owner's true and lawful attorney-in-fact for the purposes of dealing with any improvements covered by insurance written in the name of the Association pursuant to Article X upon their damage or destruction as provided in Article XIII, or a complete or partial taking as provided in Article XIV below. Acceptance by a grantee of a deed or other instrument of conveyance from Declarant or any other Owner conveying any portion of the Property shall constitute appointment of the Association as the grantee's attorney- in-fact, and the Association shall have full authorization, right, and power to make, execute, and deliver any contract, assignment, deed, waiver or other instrument with respect to the interest of any Owner which may be necessary to exercise the powers granted to the Association as attorney-in-fact. ARTICLE XIII DAMAGE OR DESTRUCTION Section 13.1 The Role of the Executive Board. Except as provided in Section 13.6, in the event of damage to or destruction of all or part of any Common Area improvement, or other Property covered by insurance written in the name of the Association under Article X, the Executive Board shall arrange for and supervise the prompt repair and restoration of the damaged Property (the Property insured by the Association pursuant to Article X is sometimes referred to as the "Association-Insured Property''). Section 13.2 Estimate of Damages or Destruction. As soon as practicable after an event causing damage to or destruction of any part of the Association-Insured Property, the Executive Board shall, unless such damage or destrnction shall be minor, obtain an estimate or estimates that it deems reliable and complete of the costs ofrepair and reconstruction. "Repair and reconstruction" as used in Article XIII shall mean restoring the damaged or destroyed improvements to substantially the same condition in which they existed prior to the damage or destruction. Such costs may also include professional fees and premiums for such bonds as the Executive Board or the Insurance Trustee, if any, detennines to be necessaiy. Declaration of Protective Covenants Rose Ranch P. UD., Phase 1 13~Sep-99 30 I 11111111111111111 1111111111111111111111111111111111111 623133 03/18/2003 04:07P Bl447 P924 M ALSDORF 41 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section l 3.3 Repair and Reconstruction. As soon as practical after the damage occurs and any required estimates have been obtained, the Association shal1 diligently pursue to completim1 the repair and reconstruction of the damaged or destroyed Association-Insured Property. As attomey-in- fact for the Owners, the Association may iake any and all necessary or approp1iate action to effect repair and reconstruction of any damage to the Association-Insured Property, and no consent or other action by any Owner shall be necessary. Any repafr and reconstruction of damaged or destroyed Roads shall, at a minimum, meet all standards approved by Garfield County for The Rose Ranch project. Assessments of the Association shall not be abated during the period of insurance adjustments and repair and reconstmction. Section 13.4 Funds for Repair and Reconstruction. The proceeds received by the Association from any hazard insurance carried by the Association shall be used for the purpose of repair, replacement, and reconstruction of the Association-Insured Property. If the proceeds of the Association's insurance are insufficient to pay the estimated or actual cost of such repair, replacement, or reconstruction, or if upon completion of such work the insurance proceeds for the payment of such work are insufficient, the Association may, pursuant to Article XI, Section 11.6. but subject to applicable law, levy, assess, and collect in advance from the Owners, without the necessity of a special vote of the Owners, a Special Assessment sufficient to provide funds to pay such estimated or actual costs of repair and reconstruction. Further levies may be made in like manner if the amounts collected prove insufficient to complete the repair, replacement or reconstruction. Section 13.5 Disbursement of Funds for Repair and Reconstruction. The insurance proceeds held by the Association and the amounts received from the Special Assessments provided for above constitute a fund for the payment of the costs ofrepair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for the costs of repair and reconstruction shall be made from insurance proceeds, and the balance from the Special Assessments. If there is a balance remaining after payment of all costs of such repair and reconstruction, such balance shall be distributed to the Owners in proportion to the contributions each Owner made as Special Assessments, then in equal shares per Lot, first to the Mortgagees and then to the Owners, as their interests appear or, in the reasonable discretion of the Executive Board, the balance may be paid to any maintenance over working capital reserves maintained by the Executive Board. Section 13 .6 Decision Not to Rebuild Common Area. If Owners representing at least 67% of the total allocated votes in the Association (other than Declarant) and 5 I% of the Mortgagees holding First Mortgages (based on 1.0 vote for each Mortgage which encumbers a Lot) and all directly adversely affected Owners agree in writing not to repair and reconstruct improvements within the Conunon Area and if no alternative improvements are authorized, then and in that event the damaged property shall be restored to its natural state and maintained as an undeveloped portion of the Common Area by the Association in a neat and attractive condition. In the event such a written agreement not to repair or reconstruct is made regarding any Road, such decision must Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 31 1111111 111111111111111 11111111111111111111111111 1111111 623133 03/18/2003 04:07P 81447 P925 M ALSDORF 42 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO additionally receive the written consent of the Board of County Commissioners, Garfield County, C()lorado. Any remaining insurance proceeds shall be distributed in accordance with the Act. ARTICLE XIV CONDEMNATION Section 14.l Rights of Owners. Whenever all or any part of the Common Area shalJ be taken by any authority having power of condemnation or eminent domain or whenever all or any pait of the Common Area is conveyed in lieu of a talcing under threat of condemnation by the Executive Board acting as attorney-in-fact for all Owners under instmctions from any authority having the power of condemnation or eminent domain, each Owner shall be entitled to notice of the taking or conveying. The Association shall act as attorney-in-fact for all Owners in the proceedings incident to the condemnation proceeding, unless otherwise prohibited by Jaw. Section 14.2 Partial Condemnation; Distribution of Award; Reconstruction. The award made for such taking shall be payable to the Association as trustee for those Owners for whom use of the Common Area was conveyed and, unless otherwise required under the Act, the award shall be disbursed as follows: If the taking involves a portion of the Common Area on which improvements have been constructed, then, unless within sixty days after such talcing Declarant and the Owners who represent at least 67% of the votes of all of the Owners shall otherwise agree> the Association shall restore or replace such improvements so taken on the remaining land included in the Common Area to the extent lands are available for such restoration or replacement in accordance with plans approved by the Executive Board and the Design Review Board. If such improvements are to be repaired or restored, the provisions in Article XIII above regarding the disbursement of funds with respect to casualty damage or destruction which is to be repaired shall apply. If the taking does not involve any improvements on the Common Area, or if there is a decision made not to repair or restore, or if there are net funds remaining after any such restoration or replacement is completed, then such award or net funds shall be distributed in equal shares per Lot among the Owners, first to the Mortgagees and then to the Owners, as their interests appear. Section 14.3 Complete Condemnation. If all of the Prope11y is taken, condemned, or sold, or otheiwise disposed of in lieu of or in avoidance of condemnation, then the regime created by this Declaration shall terminate, and the portion of the condemnation award attributable to the Common Area shall be disttibuted as provided in Al1icle XIII~ Section 13.5, above. ARTICLE XV EXP ANSI ON, SUBDIVISION AND WITHDRAW AL Section 15.1 Reservation of Expansion and Withdrawal Rights. Declaration of Protective Covenants Rose Ranch P. U.D.i Phase 1 13-Sep--99 32 111111111111111111 1111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P926 M ALSDORF 43 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO A Declarant reserves the dght for itself and any Successor Declarant at any time a11d from time to time, to add the Annexable Property to the Prope1iy. In accordance with the foregoing, each Owner of a Lot hereunder hereby grants to Declarm1t and any Successor Declarant, the right to add the Annexable Prope1iy to the Property and to modify such Owner's rights in and to the Common Area and Association, as more particularly set forth in Section 15.4. Notwithstanding the foregoing, Dec]arant is authorized to convey portions of the Annexable Prope1iy prior to its addition, to such third party or parties as it may deem appi·opriate, whether for purposes consistent with this declaration or otheiwise. B. Declarant reserves the right to add additional, unspecified real estate to the Property to the fullest extent pem1itted by the Act. C. Declarant reserves the right to subdivide any Lot into two or more Lots, and to create duplexes or multi-family facilities on any Lot either pursuant to re-subdivision, the subjection of such duplexes or multi-family units to a common interest ownership regime or other lawful means. D. To the maximum extent permitted by the Act, Declarant reserves the right for itself and any Successor Declarant any time and from time to time to withdraw from the provisions of this Declaration any real property subject to this Declaration or subjected to this Declaration by a duly recorded Supplemental Declaration, and, if necessary, Supplemented Plat prior to the time of a sale of a Lot within that phase of the Property as described in this Declaration or in said Supplemental Declaration and, if necessary, Supplemental Plat. E. The new Lots shall be subject to all of the tenns and conditions of this Declaration and of any Supplemental Declaration, upon placing the SuppkmentaJ Declaration and, if necessary, the Supplemental Plat(s) of public record in the real estate records of Garfield County, Colorado. Section 15.2 Supplemental Declarations and Supplemental Plats. Such expansionmay be accomplished by the filing for record by Declarant in the Office of the Clerk and Recorder for Garfield County, Colorado, of one or more Supplemental Declarations and, if the real property being subject to this Declaration by such Supplemental Declaration has not been previously platted in a plat recorded in the Office of the Clerk and Recorder for Garfield County, Colorado, of a Supplemental Plat depicting such real prope11y recorded concurrently with the applicable Supplemental Declaration. The Supplemental Declaratjon shall set forth the Lots and other real property, if any, to be included in the expansion, together with any covenants, conditions, restiictio11s and easements particular to such property. The expansion may be accomplished in stages by successive supplements or in one supplemental expansion. Declarant may exercise such rights for expansion in whatever order of development Declarant in its sole discretion dete1mines. Declarant shall not be obligated to expand the real property subject to this Declaration. Declaration of Protective Covenants Rose Ranch P.U.D., Phase I J 3-Sep-99 33 111111111111111111111111111111111111111 Ill fllllf Ill I Ill 623133 03/18/2003 04:07P 81447 P927 M ALSDORF 44 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 15 .3 Expansion of Definitions. In the event of such expansio11, resubdivis]on or creation of condomfruum, duplex, town home or othermulii-family unjts, the definitions used in this D~laration shall be expanded automatically to encompass and refer to the Property subject to this Declaration as so expanded, resubdivided or created in condominiums, duplexes, town homes or multi-family units. For example, uLot'' shall mean the Lots as shown on the Plat plus any additional Lots added by a Supplemental Declaration and, if 11ecessary, Supplemental Plat or Plats (but avoiding duplication such that if three town homes were created from one Lot) then there would be a net two additional Lots), and reference to this Declaration shall mean this Declaration as supplemented. All conveyances of Lots shall be effective to transfer rights in the Property as expanded. Section I 5.4 Effect of Expansion. A. Upon the inclusion of additional Lots under this Declaration by the filing of a Supplemental Declaration(s) and, if necessary Supplemental Plat(s) thereof, the Sharing Ratio applicable to a Lot shall automatically be reduced to a fraction, the numerator of which shall be one (I) and the denominator of which shall be equal to the aggregate number of Lots then subject to this Declaration. Such reduction in the Sharing Ratio appurtenant to a Lot shall be reflected and set forth in the Supplemental Declaration. B. Notwithstanding any inclusion of additional Lots under this Declaration, each Owner shall remain fully liable with respect to its obligation for the payment of the Common Expenses of the Association, including the expenses for such new Common Area, costs and fees, if any. The recording of a Supplemental Declaration or Supplemental Plat shall not alter the amount of the Common Expenses assessed to a Lot prior to such recording. Section 15.5 Termination of Expansion and Development Rights. The rights reserved to the Declarant for itself, its successors and assigns for the expansion and development pursuant to Section 15.1 (''Expansion and Development Rights") shall expire twenty (20) years from the date ofrecording this Declaration, unless terminated earlier pursuant to the tenns and provisions of the Act, or unless the Expansion and Development Rights are (i) extended as allowed by law or (ii) reinstated or extended by the Association, subject to whatever terms, conditions, and limitat.ions the Executive Board may impose on the subsequent exercise of the Expansion and Development Rights by Declarant. ARTICLE XVI DESIGN GUIDELINES AND REVIEW BOARD Section 16.1 Design Review Board and Guidelines. There is hereby established a Design Review Board (the ''Design Review Board"), which will be responsibJe for the establishment and administration of Design Guidelines to facilitate the purpose and intent of this Declaration. Declaration of Protective C..ovenants Rose Ranch P. U.D., Phase I 13-Sep-99 34 I llllll llJll llllll llll llllll llllll lllll Ill I 11111 1111111 623133 03/18/2003 04:07P B1447 P928 M ALSDORF 45 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section 16.2 Purpose and General Authority. The Design Review Boa.rd will review, study and either approve or reject proposed improvements on the Prope1iy, a]] in compliance with this Declaration and as further set forth in the Design Guidelines and such rules and regulations as the Desjgn Review Board may establish from time to time to govern its proceedings. No improvement will be erected, placed, reconstrncted, replaced, repaired or otherwise aJtered, nor will any constmction, repair or reconstruction be commenced until plans for the improvements sha11 have been approved by the Design Review Board; provided, however, that improvements that are completely within a dwelling structure may be undertaken without such approval. Section 16.3 Board Discretion. The Design Review Board will exercise its reasonable judgment to see that all improvements conform and hannonize with any existing structures as to external design, quality and type ofconstruction, seals, materials, color, location on the building site, height, grade and finished ground elevation, landscaping, and the schemes and aesthetic considerations set forth in the Design Guidelines and other Association Documents. The Design Review Board, in its sole discretion, may excuse compliance with such requirements as are not necessary or appropriate in specific situations and may pennit compliance with different or alternative requirements. The approval by the Design Review Board of improvements on the Property shall cany no precedential weight when reviewing subsequent requests for approvals, and the Design Review Board shall not be required to approve requests for the same or similar improvements. Section 16.4 Design Guidelines. The Design Guidelines may include, among other things, at the sole discretion of the Design Review Board, the restrictions and limitations set forth below: (i) Procedures and necessary fees for making application to the Design Review Board for design review approval, including the documents to be submitted and the time limits in which the Design Review Board must act to approve or disapprove any su,bmission. (ii) Time limitations for the completion, within specified periods after approval, of the improvements for which approval is required under the Design Guidelines. (iii) Designation of the building site on a Lot and establishing the maximum developable areas of the Lot. (iv) be developed on any Lot; Minimum and maximum square foot areas of living space that may (v) Landscaping regulations, with limitations and restiictions prohibiting the removal or requiring the replacement of existing trees, the type and use of plants, and other practices benefitting the protection of the enviro1m1ent, conservation of water, aesthetics and architectural harmony of The Rose Ranch. Declaration of Protective Coven.ants Rose Ranch P.UD., Phase 1 J 3-Sep-99 35 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P929 M ALSDORF 46 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO (vi) General instructions for the construction, reconstruction, refinjshing or alteration of any improvement, incJuding any pla11 to excavate, fi]J or make any other tempora1y or pern1anent change in the natural or existing surface contour or drahrnge or any installation or utility lines or conduits on the Property, addressing matters such as loading areasl waste storage, trash removal, equipment and materials storage, gradingl transfonners and meters. The Design Review Board may amend, repeal and augment the Design Guideli11es from time to time, in the Design Review Board's sole discretion. The Design Guidelines will be binding on alJ Owners and other persons governed by this Declaration. Notwithstanding the foregoing, the Design R~view Board is empowered in its discretion to grant variances from the requirements of the Design Guidelines under unique or unusual circumstances. Section 16.5 Design Review Board Membership. The Design Revjew Board will be composed of not Jess than three (3) persons nor more than five (5) persons. The Design Review Board need not include any Member of the Association. All of the members of the Design Review Board will be appointed, removed and replaced by Declarant, in its sole discretion, until all the Lots comprising the Property are sold unless required otherwise by the Act, or such earlier time as Declarant may elect to voluntarily waive this right by notice to the Association) and at that time the Executive Board will succeed to Declarant's right to appoint, remove or replace the members of the Design Review Board. Section 16.6 Organization and Operation of Design Review Board. A. The term of office of each member of the Design Review Board, subject to Section 16.5, will be one year, commencing Januru.y 1 of each year, and continuing until his successor shall have been appointed. Should a Design Review Board member die, retire or become incapacitated, or in the event of a temporary absence of a member, a successor may be appointed as provided below. B. So long as Declarant appoints the Design Review Board, Declarant will appoint the chairman. At such time as the Design Review Board is appointed by the Executive Board, the chairman will be elected annually from among the members of the Design Review Board by a majority vote of such members. In the absence of a chainnan, the party responsible for appointing or electing the chainnan may appoint or elect a successor, or if the absence is tempora1y, an interim chainnan. C. The Design Review Board chaim1an will take charge of and conduct all meetings and will provide reasonable notice to each member of the Design Review Board prior to any meeting. The notice will set fmih the time and place of the meeting, and notice may be waived by any member. D. The affinnative vote of majority of the members of the Design Review Board will govern its actions and be the act of the Design Review Board. Declaration of Protective Covenants Rose Ranch P. U.D., Phase l 13-Sep-99 36 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P930 M ALSDORF 47 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO E. The Design Review Board may avai] itse]fofother teclmical and professional advice and consultants as its deems appropriate, and the Design Review Board may delegate its pJan review responsibifa]es, except final review and approval, to one or more of its members or tq consultants retained by the Design Revjew Board. Upon that delegation, the approval or disapproval . JI- of plans and specifications by such member or consultant will be equivalent to approval 01:.-./ disapproval by the entire Design Review Board. Section 16.7 Expenses. Except as provided in this Section below, all expenses of the Design Review Board will be paid by the Association and will constitute a Common Expense. The Design Review Board will have the righ~ to charge a fee for each application submitted to it for review, ill an amount which may be established by the Design Review Board from time to time, and such fees will be collected by the Design Review Board and remitted to the Association to help defray the expenses of the Design Review Board's operation. Further, the Design Review Board may retain the services of a third party consultant to assist the Design Review Board in reviewing a particular application. In such event, the Design Review Board may charge the appllcant for the professional fees incurred in retaining such consultant. Section 16.8 Other Requirements. Compliance with the Association's design review process is not a substitute for compliance with County of Garfield building, zoning and subdivision regulations, and each Owner is responsible for obtaining all approvals, licenses, and permits as may be required prior to commencing construction. Further, the establishment of the Design Review Board and procedures for architectural review will not be construed as changing any rights or restrictions upon Owners to maintain and repair their Lots and improvements as otherwise required under the Association Documents. Section 16.9 Limitation of Liability. Neither the Design Review Board nor any individual Design Review Board member will be liable to any person for any official act of the Design Review Board in connection with submitted plans and specifications, except to the extent the Design Review Board or any individual Design Review Board member acted with malice or wilful wrongful intent. Approval by the Design Review board does not necessarily assure approval by the appropriate governmental or commission for the County of Garfield. Notwithstanding that the Design Review Board has approved plans and specifications, neither the Design Review Board nor any of its members will be responsible or liable to any Owner, developer or contractor with respect to any loss, liability, claim or expense which may arise by reason or such approval of the construction of the improvements. Neither the Executive Board, the Design Review Board, nor any agent thereof, nor Declarant, nor any of its partners, employees, agents or consultants will be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the provisions of the Association Documents, nor for any stlllctural or other defects in any work done according to such plans and specifications. In all events the Design Review Board will be defended and indemnified by the Association in any such suit or proceeding which may arise by reason of the Design Review Board's decisions. The Association, however, will not be obligated to indemnify each member of the Design Review Board to the extent that any such member of the Design Review Declaration of Protective Covenants Rose Ranch P. UD., Phase I 13-Sep-99 37 I llllll lllll llllll llll llllll llllll lllll lll llllll Ill llll 623133 03/18/2003 04:07P B1447 P931 M ALSDORF 48 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Board is adjudged to be liable for malice or wilful wrongful intent in the perfonnance of hfa duty as a member of the Design Revjew Board, unless and then only to ihe extent that the court in which such action or suit may be brought detern1ines upon application that, despite the adjudication or liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expense as such court sha11 deem proper. Section 16.l 0 Enforcement. A Any member or authorized consultant of the Design Review Board, or any authorized officer, Director, employee or agent of the Association may enter upon any Lot at any reasonable time after notice to the Owner, without being deemed gujlty of trespass, in order to inspect improvements constructed or under construction on the Lot to determine whether the improvements have been or are being built in compliance with the Association Documents and the plans and specifications approved by the Design Review Board. B. Before any improvements on a Lot may be occupied, the Owner of the Lot will be required to obtain a temporary certificate of compliance issued by the Design Review Board indicating substantial completion of the improvements in accordance with the plans and specifications approved by the Design Review Board, and imposing such conditions for issuance of a final certificate of compliance issued by the Design Review Board as the Design Review Board may determine appropriate in its reasonable discretion. Without limiting the generality of the preceding sentence, the Design Review Board may require that the Owner deposit with the board such sums as may be necessary to complete the construction and landscaping on the Lot by a specified date. If the construction and landscaping is not completed as scheduled, the Design Review Board may apply the deposit to cover the cost of completing the work and enforce such other remedies as are available to the Association for the failure of the Owner to comply with these covenants, including, without limitation, the remedies set forth in this Section. C. Upon completion of construction, the Design Review Board will issue an acknowledged certificate of compliance setting forth generally whether, to the best of the Design Review Board's knowledge, the improvements 011 a particular Lot are in compliance with the tenns and conditions of the Design Guidelines. D. Every violation of these covenants is hereby declared to be and to constitute a nuisance, and eve1y public or private remedy allowed for such violation by law or equity against a Member will be applicable. Without limiting the generality of the foregoing, tlJese covenants may be enforced as provided below: (i) The Design Review Board may adopt a schedule of fines for failure to abide by the Design Review Board rules and the Design Guidelines, including fines for failure to obtain any required approval from the Design Review Board. Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 38 111111111111 llllll llll llllll llllll lllll Ill llllll Ill llll 623133 03/18/2003 04:07P 81447 P932 " ALSDORF 49 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO (ii) The Association, upon request of the Design Review Board and after reasonable notice to the offender and, if different, to the Owner, may enter upon any Lot at any reasonable time after notice to the Owner, without being deemed guilty of trespass, and remove any improvement constmcted, reconstructed., refinished, altered or maintained in violation of these covenants. The Owner of the jmprovement will immediately reimburse the Associatjon for all expenses i.ncmTed in connection with such removal. If the Owner fails to reimburse the Assoc1ation wjthin thi11:y (30) days after the Association gives the Owner notice of the expenses, the sum owed to the Association will bear interest at the default rate from the date of the advance by the Association through the date of reimbursement in full, and a1I such sums and interest will be a Default Assessment enforceable as provided in Article XI. (iii) All improvements commenced on the Property will be prosecuted diligently to completion as.11d will be completed within one (l) year after commencement, w1less an exception is granted in writing by the Design Review Board. If an improvement is commenced and construction is then abandoned for more than ninety (90) days, or if construction is not completed within the required one (1) year period, then after notice and opportunity for hearing as provided in the Bylaws, the Association may impose a fine of$1,000per day (or such other reasonable amount as the Association may set) to be charged against the Owner of the Lot until construction is resumed, or the improvement is completed, as applicable, unless the Owner can prove to the satisfaction of the Executive Board that such abandonment is for circumstances beyond the Owner's control. Such charges will be a Default Assessment and lien as provided in Article XI. Section 16.11 Binding Effect. The actions of the Design Review Board in the exercise of its discretion by its approval or disapproval of plans and other infonnation submitted to it or with respect to any other matter before it will be conclusive and binding on all D:terested parties. ARTICLEXVIl PROPERTY USE RESTRICTIONS Section 17.1 General Restriction. Subject to Declarant's rights under this Declaration, the Property will not be used for any purpose other than as set forth in these covenants, as permitted by any applicable ordinances of the County of Garfield and the laws of the State of Colorado and the United States, and as set forth in the Association Documents or other specific recorded covenants affecting all or any pa1t of the Property. A. Use ofLots. Subject to Section 17.5, which pennits certain business uses of a Lot, and Section 3.5.F, which pem1its model residences and offices under certain circumstances, each Lot may be used only for residential pUI]Joses in accordance with the restrictions applicable to a particular Lot set forth in this Declaration, the Plat, P.U.D. Resolutions of Approval and P.U.D Map. No business or commercial building may be erected on any Lot and, except as noted above, no business or commercial enterp1ise or other non-residential use may be conducted on any pa1i of a Lot. Declaration of Protective Covenants Rose Ranch P. U.D., Phase I J 3-Sep-99 39 111111111111111111111111111111111111111111111111 1111111 623133 03/18/2003 04:07P 81447 P933 M RLSDORF 50 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO B. Excavation. No excavation will be made except in connection wjth improvements approved as provided in these covenants. For purposes of this Section, "excavation" means any disturbance of the surface of the land which results in a removal of earth, rock, trees, or other substance a depth of more than eighteen (18) inches below the natural surface of the land. C. Water aJJd Sanitation. Each structure designed for occupru1cy shall connect with the sanitation facilities made available by the Roaring Fork Water and Sanitation District and the domestic and irrigation facilities made available by the Association and/or other approved utility provider. D. Wells/Diilling. No well from which water, oil or gas is produced will be dug, nor will storage tanks, reservoirs, or any installation of power, telephone or other utility lines (wire, pipe or condujt) be made or operated anywhere on the Property except in com1ection with water wells and works operated by public agencies or duly certified public utility companies; provided, however, that the foregoing will not prevent the drilling of or installation of additional water wells by Declarant or its assigns. The drilling or excavation for minerals shall not be permitted on the Property E. Ante1mae. No exterior radio, television, microwave or other antennae or antennae dish or signal capture and distribution device will be permitted without the prior written consent of the Design Review Board, and appropriate screening. F. Signs. No signs of any kind will be displayed to the public view on or from any portion of the Property except signs ofDeclarant or its affiliates, assigns or designees established during the period ofDeclarant control of the Executive Board (including, without limitation, certain informational, directional and multi-family project signs) or signs required by law or signs approved by the Design Review Board. No "For Sale" or "For Rent" sign may be posted on any Lot, except for standard "for sale" or "for rent" signs that do not exceed four square feet. G. Animals and Pets. No animals, livestock, or poultry of any kind will be kept, raised, or bred on any portion of the Property, except dogs (subject to the limitations in Section XVIII herein), cats or other household pets (the kind and number of which may be regulated, pemritted or prohibited from time to time by the Association Rules). H. Containment. Household pets, such as dogs and cats, may not be pennitted to run at large at any time. Those pets which, in the sole discretion of the Executive Board, make objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience to the occupants or other Lots or wildlife shall be removed upon request of the Executive Board. If the pet owner fails to honor such request, the Executive Board may remove the pet. I. Drainage. No Owner will do or pennit any work, place any landscaping or install any other improvements or suffer the existence of any condition whatsoever which will alter Declaration of Protective Covenants Rose Ranch P. U.D.i Phase 1 J 3-Sep-99 40 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P934 M ALSDORF 51 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO or interfere with the drainage pattern for the Prope1iy, except to the extent such alteration and drainage pattern is approved in writing by the Design Rev]ew Board or the Executive Board, and except for rights reserved to Declarant to a.her or change drainage patterns. J. Construction Regulations of the Design Guidelines. A1l Owners and contractors wi11 comply with thepmtions of the Design Guidelines regulating construction activities. Such regulations may affect, without Jjm.itation, the following: trash and debris removal; sanitary facilities; parking areas; outside storage; restoration of damaged property; conduct and behavior of builders, subcontractors and Owners' representatives on the Property at any time; the conservation of landscape materials; and fire protection. · K. Blasting. If any blasting is to occur, the Design Review Board and Declara.nt will be infonned far enough in advance to allow them to make such investigation as they deem necessary to confirm that appropriate protective measures have been taken prior to the blasting. No blasting shall occur without such priorwiitten approval. Notwithstanding the foregoing, no approval of any blasting by Declarant of the Design Review Board will in any way release the person conducting the blasting from all liability in connection with the blasting, nor will such approval in any way be deemed to make Declarant or the Design Review Board liable for any damage which may occur from blasting, and the person doing the blasting will defend and hold hannless and hereby indemnifies Declarant and the Design Review Board from any such expense or liability. Declarant or the Design Review Board may impose any reasonable conditions and restrictions, including time and date restrictions, on all blasting. L. Temporary Structures. No temporary structures will be pennitted except as may be determined to be necessary during construction and as specifically authorized by the Design Review Board. M. No Conversion. No Owner shall construct or convert any carport, garage, attic or other unfinished space, other than a basement, to finished space for use as an apartment or other integral part of the living area on any residence without approval of the Design Review Board, the Association and the Garfield County Building Department. N. No Outside Clotheslines. No laundry or wash will be dried or hung outside on the Prope1iy. 0. Motorized Vehicles. No trucks, trail bikes, recreational vehicles, motor homes, motor coaches, snowmobiles, campers, trailer, boats or boat trailers or si... · ides, other than passenger automobiles or pickup or utility trucks with a capacity o:f(cme-half ton or 1 s, or any other motorized vehicles will be parked, stored or in any.manner kept dt--~laGoo-o y portion of the Property except in an enclosed garage. This restriction, however, will not be deemed to prohibit conunercial and constmction vehicles and construction mobile offices, in the ordinary course of business, from making delive1ies or othenvise providing services to the Property or for Declarant or the other Owners. Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13·Sep-99 41 I llllll lllll llllll llll llllll llllll lllll lll lllllll 111111 623133 03/18/2003 04:07P 81447 P935 H ALSDORF 52 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO P. Parking and Auto Repair. No automobiles or other vehicles wi11 be parked in any street or upon any pmiion of the Property, except within garages, carports or designated parking areas, except as provided herein. No work on automobiles or other vehicle repair will be perfonned in any visible or exposed portion of the Prope1ty except in emergencies. Q. Abandoned, Inoperable, or Oversized Vehicles. No abandoned or inoperable vehicles of any kind will be stored or parked on any portion of the Property, other than within enclosed garages, except as provided below. "Abandoned or inoperable vehicle" is defined as any vehicle which has not been driven under its own propulsion for a period of three weeks or longer; provided, however, this will not include vehicles parked by Owners whjle on vacation or residing away from the Property. A written notice describing the "abandoned or inoperable vehicle" and requesting its removal may be personally served upon the Owner or posted on the unused vehicle. If such vehicle has not been removed within seventy-two (72) hours after notice has been given, the Association will have the right to remove the vehicle without liability, and the expense ofremoval wm be a Default Assessment charged against the Owner as provided in Section XI. All unsightly or oversized vehicles, snow removal equipment, garden maintenance equipment, and all other unsightly equipment and machinery may be required by Declarant or the Executive Board to be stored at a designated location or locations. "Oversized" vehicles, for purposes of this Section, will be vehicles which are too high to clear the entrance to a residential garage. R. Outside Burning. There will be no exterior fires, except barbecues and braziers and incinerator fires contained within facilities or receptacles and in areas designated and approved by the Design Review Board. No Owner will pennit any condition upon its portion of the Property which creates a fire hazard or is in violation of fire prevention regulations. No Owner shall permit any fireworks, except as permitted by the rules of the Association and in compliance with applicable law. S. Noise. No exterior horns, whistles, bells or other sound devices except security devices used exclusively to protect the security of the Property or improvements, will be placed or used on any portion of the Property. T. Lighting. All exterior lighting of the improvements and grounds on the Property, or interior lighting visible outside of any building, will be subject to regulation by the Design Review Board. U. Obstmctions. There will be no obstmction of any walkways or bike paths or interference with the free use of those walkways and paths except as may be reasonably required in connection with repairs. The Owners, their families, tenants, guests and invitees are granted non-exclusive easements to use the walkways and paths within the Prope1iy. That use will be subject to the Association mles adopted by the Executive Board from time to time. Declaration. of Protective Covenants Rose Ranch P. U.D., Phase 1 l 3-Sep-99 42 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P936 M ALSDORF 53 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO V. Trail Restrictions. Any trail easements shown on the Plat, as contrasted to Roads, are restricted to biking, cross-country skiing, snowshoeing and mountain biking. No motorized vehicles are pennitted on the trail easements, provjded, however, the right to use golf carts upon the trail easements depicted upon the Plat as "Golf Easements" shall be penn]tted so long as the golf cart is used for transpmtation to or from the Golf Course or during the no1111al course of play of golf upon the Golf Course. W. Fence Restriction. No fence, wall, hedge or mass planting shall be constructed or pennitted without the express written approval of the Design Review Board. X. Camping and Picnicking. No camping or picnicking will be allowed with.in the Property except in those areas designated for those purposes. The Executive Board) in its discretion, may ban or pennit public assemblies and rallies within the Property. Y. House Numbers. Each dwelling unit will have a house number with a design and location established by the Design Review Board. Z. Nuisance. No obnoxious or offensive activity will be carried on within the Property, nor will anything be done or permitted which will constitute a public nuisance. No noise or other nuisance will be pem1itted to exist or operate upon the Property so as to be offensive or detrimental to any other part of the Property or its occupants. AA. Hazardous Material. No hazardous or toxic materials (as defined under any local, state or Federal law> regulation or ordinance) will be stored) generated, emitted from, released from, transported to or from, disposed of or used on the Property, except for normal household purposes in such quantities as do not violate environmental laws. BB. Water Use. Lawn and garden irrigation from the Association's domestic water system shall be limited per Lot to no more than ten thousand (10,000) square feet. CC. Sewage Disposal. No sewage disposal system, sanitary system, cesspool or septic tank shall be constmcted, altered or allowed to remain or to be used on any Lot except as provided herein. All Lots within the Property shall be connected to a central sewage disposal system operated and maintained by Roaring Fork Water and Sanitation District or such other water and sanitation district or govenunental or quasi-governmental agency providing sewage disposal services to the Property. Any sewage disposal system installed for Property within the Prope1ty shall be subject to applicable laws, ml es and regulations of any govenunental authority having jurisdiction. DD. Wetlands. No improvement shall be constructed within 25 feet of any Wetlands boundary as depicted upon the Plat, a:nd no residence shall be constmcted outside the boundaries of the building envelope existing upon certain Lots as depicted upon the Plat. Declaration of Protective Coven.ants Rose Ran.ch P. U.D., Phase 1 13-Sep-99 43 I 111111 11111 1111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P937 M ALSDORF 54 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO EE. Tanks. No elevated tanks of any kind shall be erected, placed, or pem1W:ed upon any Lot. FF. General Practices Prohibited. The following practices are prohibited at the Prope1iy: (i) Allowing construction suppliers and contractors to clean their equipment other than at a location designated for that purpose by the Design Review Board; (ii) Removing any rock, plant material, top soil or similar items from any property of others; (iii) Carrying fireanns on the Property; (iv) Use of surface water for constmction; (v) Careless disposition of cigarettes and other fla1mnable materials; (vi) Capturing, trapping or killing of wildlife within the Property, except in circumstances posing an imminent threat to the safety of persons using the Property; or (vii) Any activity which materially disturbs, threatens or destroys the vegetation, wildlife, wetlands, or air or water quality within the Property or which use excessive amounts of water or which result in unreasonable levels of sound or light pollution. Section 17.2 Use of Property During Construction. It will be expressly permissible and proper for any Owner acting '\\rith the prior written consent of the Design Review Board and for Declarant, and theirrespective employees, agents, independent contractors, successors, and assigns involved in the construction of improvements on, or the providing of utility service to, the Property, the Golf Course, or other real property owned by Declarant, to perform such activities and to maintain upon portions of the Common Area as they deem necessary such facilities as may be reasonably required, convenient, necessary or incidental to such construction and development of the Property. This pem1ission specifically includes, without limiting the generality of the foregoing> maintaining storage areas, 4:-0nstruction yards, model residences, sales offices, management offices and equipment and signs. However, no activity by any Owner will be perfonned and no facility will be maintained on any portion of the Property in such a way as to umeasonably interfere with the use, enjoyment or access of such Owner or his tenants or guests of and to his Lot. If any Owner's use under this provision is deemed objectionable by the Design Review Board, then the Design Review Board, in its sole discretion, may withdraw this pennission. Section 17.3 Pai1ition or Combination of Lots. No part of a Lot may be partitioned or separated from any other pari thereof. No Lots may be combined, but the Ownei· of two or mote contiguous Lots may build one single family dwelling unit on the contiguous Lots, upon comp lying Declat·ation of Protective Coven.ants Rose Ranch P.U.D., Phase J l 3-Sep-99 44 I llllll 1111111llll llll llllll llllll lllll Ill lllllll II llll 623133 03/18/2003 04:07P B1447 P938 H ALSDORF 55 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO with all applicable requirements ofthe County of Garfield) and wW1 a11 applicable Design guidelines, including, without limitation, procedures for adjusting building sites otherwise drawn for the Lots to accommodate a larger dwelling unit, minimum and maximum limitations of living area that may be constructed on any given number of contiguous Lots, and measures necessary to preserve any easements reserved with respect to the contiguous Lots. The fact that two or more contiguous Lots may be owned by one person and developed with one single family dwelling unit will not affect the number of votes or the amount of Assessments allocated to the Lots. If the Owner is required by the County of Garfield or any other governmental authority or by a Mortgagee to replat the Lots in order to construct improvements on the Lots, the number of votes and the allocation of Assessments to the Lots after replatting will equal the sum of the votes and Assessments allocated to the Lots before replatting. Each Lot will be conveyed, transferred, gifted, devised, bequeathed, encumbered or otherwise disposed of, as the case may be, with all appurtenant rights and interests created by law or by this Declaration, including the Owner's membership in the Association and the right to use the Common Area, and with the appropriate a11ocation of voting rights and liability for Assessments established for the Lot as provided in this Declaration. Section 17.4 Leasing. The Owner of a Lot will have the right to lease his Lot, subject to the following conditions: (viii) All leases will be in writing. (ix) The lease shall be specifically subject to the Association Documents, and any failure of a tenant to comply with the Association Documents will be a default under the lease, enforceable by the Association. (x) The Owner shall be liable for any violation of the Association Documents committed by the Owner~s tenant, without prejudice to the Owner's right to collect any sums by the Owner on behalf of the tenant. Section l 7 .5 Businesses. No Owner shall conduct any business, trade, garage sale, moving sale, rummage sale or similar activity on any Lot, except that an Owner or occupant residing on a Lot may conduct business activities within the residence so long as: {a) the existence or operation of the business activity is undetectable to the senses of sight, sound or smell from outside the residence; (b) the business activity confonns to all zoning requirements fqr the Property; (c) the business activity may be carried out within the confines of the residence and is free from regular visitation of the residence by clients, customers, suppliers or other business invitees or door-to-door solicitation of residents of the Prope1iy; and ( d) the business activity is consistent with the residential character of the Property; or such business activity satisfies the definition of home-based day care contained within the zone district text for the Rose Ranch P.U.D. Declaration of Protective Covenants Rose. Ranch P. U.D., Phase I 13-Sep-99 45 I llllll lllll llllll llll llllll llllll lllll Ill lllllll II llll 623133 03/18/2003 04:07P B1447 P939 M ALSDORF 56 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO This subsection shall not apply to any activity conducted by the Dec]arant or a builder approved by the Declarant with respect to the development and sale of the Prope1iy, or the Declarant's use of any Lot Section 17 .6 Compliance with Laws. Subject to the rights ofreasonable contest) each Owner will promptly comply with the provisions of all applicable Jaws, regulations, ordinances, and other governmental or quasi-governmental regulations wjth respect to all or any portion of the Property. Each owner will abide by any wildlife regulations imposed by the Association or any agency or authority having jurisdiction over the Property. Section 17.7 Enforcement. Notwithstanding anything in the foregoing to the contrary, the Executive Board may prohibit any ac6vity, business or otherwise, which, in the sole direction of the Executive Board, constitutes a nuisance, or a hazardous or offensive use, or threatens the security, safety, or quiet enjoyment of other residents of the Property. The Association may take such action as it deems advisable to enforce these covenants as provided in this Declaration. In addition) the Association will have a right of entry on any part of the Property for purposes of enforcing these Articles, and any costs incurred by the Association in connection with such enforcement which remain unpaid thirty (30) days after the Association has given notice of the cost to the Owner and otherwise complied with Act will be subject to interest at the default rate from the date of the advance by the Association through the date of payment in full by the Owner, and will be treated as a Default Assessment enforceable as provided in Article XI. Section 17.8 Use of the Words "The Rose Ranch" or Logo. No Person shall use the words "The Rose Ranch" or any derivative thereof, or any other name given to the Property by the Declarant, or the logo ofthedevelopmentin anyprintedorpromotionalmaterial withoutDeclarant's prior written consent. However, Owners may use the term "The Rose Ranch" in printed m promotional matter where such term is used solely to specify that particular property is located within The Rose Ranch and the Association shall each be entitled to use the word ''The Rose Ranch" in its name. Section 17 .9 Agreements with Adjacent Property Owners. The owners of some or all of the nonresidential properties adjacent to the Property may be obligated to share in certain costs associated with the maintenance, repair, replacement and insurance of portions of the Common Area, if any, which are used by or benefit jointly the owners of such nonresidential properties and the Owners within the Property, by agreement, contract or covenant to share costs. The owners of the nonresidential properties shall not be subject to the reshictions contained in this Declaration except as othei:wise specifically provided herein. ARTICLE XVIII· ADDITIONAL RESTRICTIONS FOR WILDLIFE PROTECTION Declaration of Protective Covenants Rose Ranch P.UD., Phase I l 3-Sep-99 46 I llllll lllll llllll llll llllll llllll lllll Ill lllllll II llll 623133 03/18/2003 04:07P 81447 P940 M ALSDORF 57 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section t8. l W]ldlifeRestrictions. Inordertopreserve, protect and promote the well being of The Rose Ranch ,s existing wildlife> the use of the Property, and each Lot thereon, and the rights and easements of enjoyment in and to the Common Areas created hereunder are restricted as follows: A. Access to, entry upon and/or use of that portion of Property identified and depicted upon the Plat as the Blue Heron Conservation Easement is expressly subject to and shall be governed by al1 the tem1s) conditions and restrictions set fo11h in the Grant of Conservation Easement executed by Roaring Fork Investments, LLC and the Roaring Fork Conservancy on /5-5 ~· __ ,-~and filed for record in the Office of the Clerk and Recorder for Garfield County at BooL<::t~: Page 7""11!5 and Reception No. 4-: on //-5$P , ].!)t:X? ~/-?& B. Access to or entry upon that portion of the Property lying west of County Road 109 C'Westem Parcel") shall be closed to the public and to Members fron1 December 151 through March 31st each year; provided, however, Declarant reserves unto itself, its agents, successors and assigns the right to use any portion of such property for the purpose of maintaining the Golf Course. C. Access to or entry upon that portion of the Western Parcel identified and depicted upon the Plat as the Golden Eagle Protection Zone shall be closed to the public and Members from March 15th to July 1st each year. D. The Association shall be responsible for the continued maintenance and care of the Wildlife Improvements constructed and installed on the Property by the Declarant identified below: (i) the educational signs installed at the Primary Overlook? identified and described on the Plat, regarding golden eagle nesting; (ii) the habitat improvement measures constructed and identified in the report titled, RECOMMENDATIONS FOR IMPROVING BIG GAME HABITAT ON THE ROSE RANCH DEVELOPMENT WEST OF COUNTY ROAD 109, prepared by Beattie Natural Resources Consulting, Inc. on October 22, 1998, as the same may be further amended or altered by the Declarant with the approval of the Colorado Division of Wildlife; (iii) the vegetative screening installed along the east boundaries of Lots 70-80 and 108-118 to screen home sites and backyard activities located therein from the Blue Heron rookery; (iv) the vegetative screening installed along the north boundary of the Teller Springs Buffer, identified and depicted on the Plat; and (v) Conservation Easement. the a11ificial nesting platfmm(s) installed within the Blue Heron Declarntion of Protective Covenants Rose Ranch P. U.D., Phase 1 J 3-Sep-99 47 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P941 M ALSDORF 58 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO E. All areas identified and depicted upon the Plat as Ripa11an Areas shalJ be preserved in their present natural character and condition to as great a degree as possjble and no activity shall be pem1itted thereon which shall modify or alter their existing character a11d condition. F. No tree or vegetation removal shall be pennitted within the Riparian Areas except as may be necessary, in the detem1ination of the Association, to remove a dangerous condition or to control an invasive species. G. The area identified and depicted on the Plat as the Teller Springs Buffer Zone shall be maintained in sage brush or other natural vegetation H. Access to or entiy upon that area identified and depicted on the Plat as the B Jue Heron Protection Zone shall be closed to the general pub lie and Members February 15u1 through July 15th. I. No more than two (2) domestic animals shall be permitted to be kept upon any Lot. Lot Owners shall be entitled to keep dogs on their property pursuant to the following restrictions and limitations and subject to any additional rules and regulations which may be promulgated by the Association: (i) No more than one dog, including puppies, shall be kept by any Lot Owner at any time upon any one (1) Lot. (ii) Dogs shall be kept under the control of their Owners at all times and shall not be permitted to run free or to cause a nuisance in the Property. No ~ogs shall be allowed. beyond the boundaiies of the Lot owned by the person(s) where the dog is housed unless leashed and accompanied by a person in full control of such dog. (iii) Dogs shall not be allowed to bark continuously, which shall be defined as barking for a continuous fifteen ( 15) minute period, including successive barks or a series ofbarks which repeat or resume following a brief or temporary cessation. · (iv) When not accompanied by a person, all dogs shall be leashed> chained, uelectric fenced," or kenneled. The location of kennels shall be subject to review of the Design Review Board. (v) refuse and animal waste. All dogs shall be kept reasonably clean, and all Lots shall be free of (vi) Should any dog chase or molest deer, elk or any domestic animals or persons, or destroy or disturb prope1iy of another, the Association shall be authmized to prohibit the Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 48 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P942 M ALSDORF 59 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Owner or any tenant, invitee, event, guest or other user of a Lot from continuing to maintain the offending animal on his property and may dispose of that animal, if necessary, to protect wildlife or other Owners, Persons or property. The offending dog owner shall be provided written not.ice of such action at least two (2) days before disposal occurs. Within such two (2) day pe1iod~ the offending dog shall be kenne]ed at a licensed kennel. All charges associated witb action taken by the Association may be assessed against either the Owner and/or the dog owner, or both, at the Association's sole option. (vii) Notwithstanding the foregoing, no animal may be kept upon a Lot which, in the sole discretion and judgment of the Executive Board results in any annoyance or is obnoxious to Lot Owners within the Subdivision. J. The Association and all Lot Owners are prohibited from chasing, scaring, disturbing, hazing, or other using any other form of harassment to coerce big game (deer and/or elk) off of the Golf Course or Common Area. K. The Association and all Lot Owners hereby waive and sha11 hold the Colorado Division of Wildlife harmless from, any and all claims for damages to landscaping improvements or ornamental plants located on the Lots or Conunon Area resulting from the activities of big game (deer and/or elk). L. The Association and the Lot Owners shall be responsible for the removal and proper disposal of all animal carcasses located upon the Common Area or Lots, as may be appropriate. M. The Association shall assess and enforce penalties against Owners violating any of the wildlife restrictions set forth in this Section 18.1 as follows: One Hundred Dollars ($100.00) for the first violation committed by an Owner; Two Hundred Dollars ($200.00) for the second violation; Three Hundred Dollars ($300.00) for the third violation; and for each succeeding violation the fine increases in One Hundred Dollar ($100.00) increments. The dollar amounts of the fines may be changed upon the approval of the Executive Board. N. The restrictions of this Section 18.1 shall be enforceable in perpetuity and shall not be amended or te1minated by action of the Association, Owners or Declarant nor by any provision for termination of this Declaration. The restrictions of this Section 18. l shall be enforceable in any and all maimer provided in this Declaration by the Association, Owners, Declarant, Garfield County or any state or federal agency charged with the preservation of wildlife and wetlands areas. Any such enforcement action shall entitle the enforcing pai1y to recovery of damages equal to the cost of restoration of the prope11y, and such enforcing party shall be entitled to an award of reasonable attorney fees and costs of enforcement, including but not limited to court costs, expert witness fees, costs of depositions and exhibits. Declaration of Protective Covenants Rose Ranch P. U.D., Phase l J 3-Sep-99 49 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P943 n ALSDORF 60 af 81 R 406.00 D 0.00 GARFIELD COUNTY CO ARTICLE XIX MORTGAGEE'S RIGHTS The following provisions are for the benefit of holders> insurers, or guarantors of First Mortgages on Lots. To the extent applicable, necessary, orproper, the provisions of this Article XIX apply to this Declaration and also the AJtic]es and Bylaws of the Associati.on. Section 19 .1 Approval Requirements. Unless at least 51 % of the Mortgagees holding First Mmtgages against any portion of the Property (based on one vote for each Mortgage owned), and at least 67% of the Ow11ers (other than Declarant) have given their prior written approval, the Association shall not be entitled to: (i) By act or omission seek to abandon, partition, subdivide, sell, or transfer all or part of the Conm10n Area (provided, however, that the granting of easements or rights of way for public utilities or for other public purposes consistent with the intended use of such Conm1011 Area shall not be deemed a transfer within the meaning of this clause); (ii) Subject to the expansion rights ofDeclarant set forth in Article XV, change the method of determining the obligations, Assessments, dues, or other charges which may be levied against an Owner; (iii) Fail to maintain insurance required to be maintained under this Declaration; (iv) Use hazard insurance proceeds for losses to improvements in the Common Area for other than the repair, replacement, or reconstruction of such property. The failure of a Mortgagee to object in writing to an amendment within thirty (30) days after receipt of request for approval shall be deemed an approval of such amendment. Section 19 .2 Title Taken by Mortgagee. Any Mortgagee holding a First Mortgage of record against a Lot who obtains title to the Lot pursuant to remedies exercised in enforcing the Mortgage, including foreclosure of the Mortgage or acceptance·of a deed in lieu of foreclosure, will be liable for all Assessments assessed against such Lot, whether such Assessments were assessed prior to or after Mo1tgagee has taken title to such Lot. Section 19.3 Distribution of Insurance or Conde1m1ation Proceeds. In the event of a distribution by the Association of insurance proceeds or condemnation awards allocable among the Lots for losses to, or taking of, all or pai1 of the Common Area, neither the Owner nor any other person shall take p1i01ity in receiving the distribution over the right of any Mo1igagee who is a beneficiary of a First Mortgage against the Lot. Declaration of Protective Covenants Rose Ranch P. U.D., Phase 1 13-Sep-99 50 111111( 111111111111111 11111111111111111111 1111111111111 623133 03/18/2003 04:07P 81447 P944 M ALSDORF 61 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Section I 9.4 Rightto Pay Taxes and Charges. Mortgagees may,join1]y or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Area, and may pay overdue premiums on hazard insurance po1icies, or secure new hazard insurance coverage on the lapse of a pol]cy for such Common Area. ARTICLE XX DURATION OF COVENANTS AND AMENDMENT Section 20. l Tem1. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity, subject to the te1mination provisions of the Act. Section 20.2 Amendment. This Declaration, or any provision ofit) may be amended at any time by Owners holding not less than 67% of the votes possible to be cast under this Declaration at a meeting of the Owners called for that purpose, except as limited by Article XIX. Any amendment must be executed by the President of the Association and recorded, and approval of such amendment may be shown by attaching a certificate of the Secretary of the Association to the recorded instrument certifying the approval of a sufficient number of Owners of the amendment. No amendment to the Declaration which affects the rights ofDeclarant reserved hereunder shall be valid wjthout the written consent of Declarant. Notwithstanding the foregoing, Declarant, acting alone, reserves to itself the right and power to modify and amend this Declaration and/or the Plat to the fullest extent permitted under the Act. Further, the Executive Board may, pursuant to the provisions of the Act, petition the district court in which the Property is situated to amend this Declaration as provided in the Act. Section 20.3 Revocation. This Declaration shall not be revoked, except as provided in Article XIV regarding total condemnation, without the consent of all of the Owners evidenced by a written instrument duly recorded. ARTICLEXXI SPECIAL DISTRICT The Association shall have the power, and is hereby autho1ized, to contract with and to cooperate with the Special Distiict in order to ensure that their respective responsibilities are discharged. The Association is further authorized to act on behalf of its Members to ensure that the level of services provided by the Special District, if created, is consistent with the community-wide standard. Each Owner, by acceptance of his or her deed or recorded contract of sale, is deemed to covenant and consent to the creation of the Special District and to executing a separate document so consenting to the creation of the Special District, if requested to do so by the Declarant. Declaration of Protective Covenants Rose Ran.ch P. U.D., Phase 1 13-Sep-99 51 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P B1447 P945 M ALSDORF 62 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO ARTICLE XXIl GENERAL PROVISIONS Section 22.1 Declarant Powers. A. Notwjthstanding anything in this Declaration 1o the contrary, the Declarant hereby reserves the following special declarant rights to the fullest extent pem1itted by the Act: To . complete improvements indicated on plats and maps filed with this Declaration or Supplemental Declaration; to exercise any development right (as defined in the Act)~ to maintain sales offices, management offices, signs advertising the Property and models; to use easements through the Common Areas for the purpose of making improveme11ts within the Property or within real estate which may be added to and made subject to this Deelaration; to make the Property subject to a master association; to merge or consolidate a common interest community of the same fonn of ownership; and to appoint or remove any officer of the Association or any Executive Board member during any period of Dec]arant control. All such spedal declarant rights shall, to the maximum extent pennitted by law, be exercisable by Declarant for a period of twenty (20) years after the Declarant no longer controls the Executive Board. B. Notwithstanding anything to the contrary herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or permissible extent of such rights or powers as restricted under the Act. Any provision in this Declaration in conflict with the requirements of the Act shall not be deemed to invalidate such provision as a whole but shall be adjusted as is necessary to comply with the Act. Section 22.2 Enforcement. Except as otherwise provided in this Declaration, the Executive Board, Declarant, or any Owner (provided the Executive Board fails to take action after reasonable notice is given to the Executive Board by such Owner) shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Executive Board of the Association, Declarant, or by any Owner to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. The prevailing party in any legal action arising under this Declaration shall be entitled to reimbursement of all costs of such action including, without limitation, reasonable attorneys' fees. Section 22.3 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 22.4 Conflicts Between Documents. In case of conflict between this Dec]aration and the Aiiicles and the Bylaws oftbe Association, this Declaration shall control. In case of conflict between the Articles and the Bylaws, the Aliicles shall control. Declaration. of Protective Covenants Rose Ranch P. U.D., Phase 1 J 3~Sep~99 52 J 11111111111 1111111111111111 11111111111111 1111111111111 623133 03/18/2003 04:07P 81447 P946 M ALSDORF 63 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) SS. COUNTY OF Garfield ) ROARING FORK INVESTMENT, L.L.C., a Colorado limited liability company By: () The foregoing instmment was acknowledged before me this <:012 f ::r.1 li'. A \ ~ 1 \s-'l '1. , by Ronald R. Heggemeier as Manager a f Roaring Fork Inv~~;\Sff).~1,11f;;,~;C., a Colorado limited liability company . .... ". \' ~ \ u yr! . '1,_, ·.•>,:.\.~·t\lITN~~t(MY HAND AND OFFICIAL SEAL. ,~-~~ '\~~ .,·" . . ..., . " ~. ·:~/"~ .. ~~ :? ··:i,.: "\\ r,TA ~;v, ·(. -:. : · ;: ; .... :M,.Y· Co.lv1NUSSION EXPIRES: ·:. ~ -: '~: -:-:6~:.:·.: ·:•,: . ;:. : ~:;'\ ·. t~ U D '). \ G : c _. \:\; ...... ;:.~~:·~~:~,;· ~.,. r; F r: 0 .,... .-· • 1-'1, ~ \.. 1"' '1 1 Ill I)) I I I I'· Declaration of Protective Covenants Rose Ranch P. U. D. I 3-Sep-99 53 818 Colorado Avenue Glenwood Springs, CO 81601 My Comrrussmn expires May 1, 2001 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P947 M ALSDORF 64 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO Declaration of Protective Covenants Rose Ranch P. U.D. l 3-Sep-99 EXHIBIT A (Property Legal Description) 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P948 H ALSDORF 65 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO ROSE RANCH P.U.D. PHASE 1 PROPERTY DESCRIPTION PHASE 1 LEGAL PAGE 1 A PARCEL OF LAND SITUATED IN LOTS 7, 8, 9, 12, 13, 15 AND 16 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GAR.FIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12, A ELM BRASS CAP IN PLACE; THENCE S 39°16'15" E 4369.77 FEET TO THE SOUTHWEST CORNER OF THE ROSE RANCH, 'SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 109, A REBAR AND CAP L.S. #19598 IN PLACE, THE POINT OF BEGINNING; THENCE THE FOLLOWING THE SEVEN (7) COURSES ALONG SAID EASTERLY RIGHT-OF-WAY: . 1. N 13°15 1 08" E 30.84 FEET 2. N 13°40 '41 11 E 86·. 97 FEET 3. N· 14°26'34" E 8 .37 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 263.67 FEET AND A CENTRAL ANGLE OF 22°42 1 13 11 , A DISTANCE OF 104. 48 FEET (CHORD BEARS N 03 °05 I 28 II E 103. 80 FEET) - 5. N 08°15'39" W 721.97 FEET 6. N 09°37 1 30" W 215.26 FEET 7. N 09°32 r ll" W 374. 52 FEET i THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY; N 80°27'49 11 E 61.66 FEET; THENCE S 69°00 1 00 11 E 114.87 FEET; THENCE N 64°00 1 00 11 E 195. 36 FEET; THENCE N 31°18 l 55" E 343. 31 FEET; THENCE N 29°11 1 53 11 E 207.54 FEET; THENCE N 53°00 1 00" W 117.98 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET AND A CENTRAL ANGLE OF 59°30 1 10", A DISTANCE OF 83.0f?'FEET (CHORD BEARS N 50°44'48 11 E 79.40 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 55°34 I 57 11 I A DISTANCE OF 33. 95 FEET (CHORD BEARS N 48°47 I 11 11 E 32.64 FEET); THENCE N 76°34 1 40 11 E 45.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 145.00 FEET AND A. CENTRAL ANGLE OF 07°59'08", A DISTANCE OF 20.21 FEET (CHORD BEARS N 80°34 1 14" E 20 .19 FEET) ; THENCE N 84°33 1 48 11 E 162. 26 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIQHT HAVING A RADIUS OF 145.00 FEET AND A CENTRAL ANGLE OF 12°40 I 07" I A DISTANCE OF 32. 06 FEET (CHORD BEARS S 89°06 1 08" E 32.00 FEET); THENCE S 82°46'05 11 E 88.97 FEET; THENCE N 16°02'33" E 71.09 FEET; THENCE N 59°50'09" E 321.51 FEET; THENCE N 62°10'49 11 E 340.58 FEET TO A POINT ON THE WESTERLY BOUNDARY 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P949 M ALSDORF 66 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 2 OF THAT PROPERTY DESCRIBED IN BOOK 511 AT PAGE 103 OE THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICEi THENCE THE FOLLOWING FOUR (4) COURSES ALONG THE WESTERLY LINE OF SAID PROPERTY; 1 . s 4 7 °16 I 4 3 II E 18 9 . 9 8 FEET 2. S 34°28'09" E 123.72 FEET 3 . s 0 4 ° 4 5 I 3 8 II E 3 9 0 • 41 FEET 4. S 08°01'51" W 130.25 FEET TO THE SOUTHWEST CORNER OF SAID PROPERTY; THENCE N 67°25 1 06 11 E ALONG THE SOUTHERLY LINE OF SAID PROPERTY 211.00 FEET TO A POINT ON THE EASTERLY LINE OF LOT 9 OF SAID SECTION 12; THENCE S 00°22'11 11 E ALONG SAID EASTERLY LINE 606.90 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9, A REBAR AND ALtw.IINUM CAP, LS #22580, IN PLACE; THENCE S 03°11 1 58 11 W ALONG THE EASTERLY LINE OF LOT 12 OF SAID SECTION 12 A DISTANCE OF 741.05 FEET TO THE SOUTHEAST CORNER OF SAID LOT 12, A REBAR AND ALUMINUM CAP IN PLACE; THENCE S. 00°06' 02 11 E ALONG THE EASTERIJY LINE OF LOT 16 OF SAID SECTION 12 A DISTANCE OF 555.52 FEET TO THE SOUTHEAST CORNER OF SAID LOT 16, A REBAR-AND ALUMINUM CAP IN PLACE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TELLER SPRINGS SUBDIVISION; THENCE S 89°59'08" W ALONG THE NORTHERLY LINE OF SAID TELLER SPRINGS SUBDIVISION 220.61 FEET TO THE SOUTHEAST CORNER OF PARCEL C OF RECEPTION NO. 444311 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE LEAVING SAID NORTHERLY LINE N 12°57'48" W ALONG THE EASTERLY LINE OF' SAID RECEPTION NO. 444311 169.14 FEET; THENCE N 87°58'25" W ALONG THE NORTHERLY LINE OF SAID PARCEL C 324.74 FEET; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL C ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 582.29 FEET AND A CENTRAL ANGLE OF 17°52'51 11 , A DISTANCE OF 181.72 FEET (CHORD BEARS S 13°29 1 05 11 E 180.98 FEET) TO A POINT ON THE NORTHERLY LINE OF SAID TELLER SPRINGS SUBDIVISION; THENCE S 89°52'26 11 W ALONG SAID NORTHERLY LINE 174.0l FEET TO THE NORTHWEST CORNER OF THE TELLER SPRINGS OPEN SPACE; THENCE LEAVING SAID NORTHERLY LINES 21°55'-10 11 W ALONG THE WESTERLY LINE OF SAID OPEN SPACE 53.97 FEET TO THE NORTHEAST CORNER OF LOT 5 OF SAID TELLER SPRINGS SUBDIVISION.AS SHOWN ON THE AMENDED PLAT THEREOF; THENCE S 89°59'08 11 W ALONG THE NORTHERLY LINE OF SAID LOT 5 165.35 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE N 45°01'42" W 28.27 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE S 89°59 1 08 11 W 855.53 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 89.288 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 3 AND 4, SECTION 12 AND LOTS 28 AND 29, SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12, A BLM BRASS CAP _FOUND IN PLACE; THENCE N 86°59 1 45 11 E 2478.86 FEET,. THE POINT OF BEGINNING; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A 111111111111111111111111111111111111111 lll lllll llll llll 623133 03/18/2003 04:07P 81447 P950 M ALSDORF 67 of 81 R 406.00 D 0.00 GRRFIELD COUNTY CO PHASE 1 LEGAL PAGE 3 RADIUS OF 170. 00 FEET AND A CENTRAL ANGLE OF 65°53 1 11 11 / A DISTANCE OF 195.49 FEET (CHORD BEARS N 29°55'34 11 E 184.89 FEET); THENCE N 62°52 1 09 11 E 50.72 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 230. 00 FEET AND A CENTRAL ANGLE OF 32°51' 34", A DISTANCE OF 131.91 FEET (CHORD BEARS N 46°26'22 11 E 130.11 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 91°43' 08", A DISTANCE OF 56. 03 FEET (CHORD BEARS N 75°52'09 11 E 50.23 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 105.00 FEET AND A CENTRAL ANGLE OF 35°43 l 54 tt I A DISTANCE OF 65. 48 FEET {CHORD BEARS s 40°24 I 20 II E 64 .43 FEET); THENCE S 22°32'23rr E 367.78 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 145.00 FEET AND A CENTRAL ANGLE OF 39°28' 24", A DISTANCE OF 99. 90 FEET (CHORD BEARS S 42°16'35" E 97. 93 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 105.00 FEET AND A CENTRAL ANGLE OF 59°42'05 11 , A DISTANCE OF 109·.41 FEET (CHORD BEARS S 32°09'45" E 104.53 FEET); THENCE S 02°18'42" E 155.70 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 260. 00 FEET AND A CENTRAL ANGLE OF 34°26 1 18 11 1 A DISTANCE OF 156.28 FEET (CHORD BEARS S 19°31'51" E 153.93 FEET); THENCE S 36°45 1 00 11 E 647.15 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 155. 00 FEET AND A CENTRAL ANGLE OF 43°58' 55 11 , A DISTANCE OF 118. 98 FEET . (CHORD BEARS S 14°45·1 33 11 E 116. 08 FEET) ; THENCE S 07°13'55" ·W 6.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 90°00 1 00 11 , A D;ISTANCE OF 54. 98 FEET (CHORD BEARS S 52°-13 '55" W A DISTANCE OF 49.50 FEET); THENCE N 82°46'05" W 14.61 FEET; THENCE ALONG THE ARC OF A CURVE THE LEFT HAVING A RADIUS OF 205.00 FEET AND A CENTRAL ANGLE OF 12°40'07", A DISTANCE OF 45.33 FEET (CHORD BEARS N 89°06 1 08 11 • W 45.23 FEET); THENCE S 84°33 1 48" W 162.26 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 205.00 F~ET AND A CENTRAL ANGLE OF 07°59 1 08 II I A DISTANCE OF 28. 57 FEET (CHORD BEARS s 80°34'14" w 28. 55 FEET) ; THENCE' S 76°34'40 11 W 45. 82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 55°34 I 57 11 I A DISTANCE OF 33. 95 FEET (CHORD BEARS N 75°37 1 51 11 w 32.64 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 80.00 FEET AND A CENTRAL ANGLE OF 06°20'04", A DISTANCE OF 8.84 FEET (CHORD BEARS N 51°00'24' W 8.84 FEET); THENCE N 41°.00'00" _E 94. 71 FEET; THENCE N 47°00' 00 11 W 488.04 FEET; THENCE N 50°47' 54" W 40.59 FEET; THENCE N 25°00 1 00 11 W 384.00 FEET; THENCE N 25°52'15' W 41.58 FEET; THENCE N 05°3l'07" W 211.73 FEET; THENCE N 22°32 1 23 11 W 214.58 FEET; THENCE N 74°00'00" W 80.63 FEET, TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 13.185 ACRES, MORE OR LESS. 1111111111111111111111111111111111111111111111111111111 623133 03/180/2600030 0040:0~~ ~~:~~Er~s~O~N*;s~gRF 68 of 81 R 4 · · PHASE l LEGAL PAGE 4 TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 5, 11, 12, 13, 15, 16, 23, 24, AND 28 OF SECTION l, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS CAP IN PLACE; THENCE N 82°31' 27 11 W 2263. 73 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 109, THE POINT OF BEGINNING; THENCE THE FOLLOWING SIXTEEN {16) COURSES ALONG SAID EASTERLY RIGHT- OF-WAY: l. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1870. 00 FEET AND A CENTRAL ANGLE OF 05°38 I 57 II I A DISTANCE OF 81. 70 FEET (CHORD .BEARS N OS 0 0or 44 11 W 81. 69 FEET) 2. N 03°45 I 38 11 w 70. 62 FEET 3. ALONG THE ARC OF A CURVE TQ THE LEFT HAVING A RADIUS OF 1155.00 FEETAND A· CENTRAL ANGLE OF 08°59 1 23", A DISTANCE OF 181. 22 FEET {CHORD BEARS N 08°15' 19 11 W 181. 03 FEET) 4. N 12°45 I 01" w 25 0. 3 0 FEET 5. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 518. 09 FEET AND A CENTRAL ANGLE OF 35°11'37", A DISTANCE ·OF 318.23 FEET (CHORD BEARS N 30°20 1 49 11 W 313.26 FEET) 6. N 47°56 1 38 11 W 239.80 FEET 7. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1520.00 FEET AND A CENTRAL ANGLE OF 14°05 1 17", A DISTANCE OF 373.74 FEET (CHORD BEARS N 40°53r59 11 W 372.80 FEET) 8. N 33°51' 20 11 W 485. 97 FEET 9. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 620. 00 FEET AND A CENTRAL ANGLE OF 19°38 I 05" I A DISTANCE OF 212.47 FEET (CHORD BEARS N 43°40 1 23" W 211.43 FEET) 10. N 53°29 1 25" W 511.09 FEET 11. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 470.00 FEET AND A CENTRAL ANGLE OF 34°45'42", A DISTANCE OF 285 .15 FEET (CHORD BEARS N 36°06 1 34 11 W 280. 80 FEET) 12. N 18°43 1 43 11 W 773. 97 FEET . 13. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 620.00 FEET AND A CENTRAL ANGLE OF 30°05 1 19 11 , A DISTANCE OF 325. 59 FEET (CHORD BEARS N 03°41 1 04 11 W 321-86 FEET) 14 . N 1l0 21 I 3 6 II E l 71 . 2 7 FEET 15. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 380.00 FEET AND A CENTRAL ANGLE OF 02°00'48 11 , A DISTANCE OF 13.35 FEET {CHORD BEARS N 10°21'13 11 E 13.35 FEET) I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P952 M ALSDORF 69 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE l LEGAL PAGE 5 16. N 19°24'30"E 52.13 FEET; THENCE LEAVING SAID WESTERLY RIGHT- OF-WAY S 05°09'02 11 E l58.12 FEET; THENCE S 11°21 1 36 11 W 124.44 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1000.00 FEET AND A CENTRAL ANGLE OF 20°55 1 55u, A DISTANCE OF 365 .34 FEET (CHORD BEARS S 02°39'27" E 363.31 FEET); THENCE S 18°43 1 43 11 E 446.82 FEET; THENCE N 71°16 1 17 11 E 67.02 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 292.00 FEET AND A CENTRAL ANGLE OF 37°24'07", A DISTANCE OF 190.61 FEET (CHORD BEARS N 52°34'13 11 E 187.25 FEET); THENCE N 33°52'10" E 231.99 FEET; THENCE ALONG THE ARC OF A CURVE TO·THE RIGHT HAVING A RADIUS OF 2.95.00 FEET AND A CENTRAL ANGLE OF 14°20'09 11 , A DISTANCE OF 73.81 FEET (CHORD BEARS N 41°02'14" E 73. 60 FEET) ; THENCE s 17°00 I 00 II E 57. 28 FEET; THENCE· s 60°27 I 28" E 705.20 FEET; THENCE S 41°00'00 11 E 291.19 FEET; THENCE S 59°10'31" E 528.72 FEET; THENCE S 65°03'14 11 E 289.30 FEETi THENCE S 12°42'29" W 193.82 FEET; THENCE S 69°26 1 39 11 W 162.39 FEET; THENCE S 12°06'131' E 354.63 FEET; THENCE S 03°31'27" E 80.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 510.00 FEET AND A CENTRAL ANGLE OF 34°21'58 11 , A DISTANCE OF 305.90 FEET (CHORD BEARS S '68°46 1 29 11 W 301.33 FEET); THENCE S 39°38 1 44 11 E 684.26i THENCE S 31°03'39" E _112.70 FEET; THENCE S 06°45 '49 11 W 144. 32 FEET; THENCE S 12°45 1 01'' E 209. 29 FEET; THENCE S 60°00'00 11 E 110.74 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL_ ANGLE OF 38°53 I 55" I A DISTANCE OF 115. 41 FEET {CHORD BEARS s 43°25' 11 11 w 113. 21 FEET) ; THENCE S 62°52' 09" W 50. 72 FEET; THENCE S 80°35 '25" W 299.88 FEET, TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 48.206 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 2, 3, AND 9 OF SECTION 12, AND LOTS 10, 11, 12, 17, 22, 29, AND 30 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS CAP IN PLACE; THENCE S 76°17'40" E 3972.43 FEET TO THE POINT OF BEGINNING; THENCE N 44°21'10" W 102.28 FEET; THENCE N 58°00 1 42 11 W 191.26 FEET; THENCE N 31°18'36" W 193.84 FEET; THENCE N 35°01'04 11 W 195.06 FEET; THENCE N 50°10'09'' W 174.71 FEET; THENCE N 54°11'49 11 W 43.11 FEET; THENCE N 24°39'20" W 163.26 FEET; THENCE S 69°34 1 20 11 W 77.75 FEET; THENCE N 02°18'42 11 W 50 .18 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 145.00 FEET AND A CENTRAL ANGLE OF 59°42'05 11 , A DISTANCE OF 151.09 FEET {CHORD BEARS N 32°09 1 45 11 W 144.35 ·------FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P953 M ALSDORF 70 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE l LEGAL PAGE 6 105.00 FEET AND A CENTRAL ANGLE OF 18°41'42 11 , A DISTANCE OF 34.26 FEET {CHORD BEARS N 52°39 1 56 11 W 34 .11 FEET); THENCE N 66°06 1 05" E 97. 52 FEET; THENCE FEET; THENCE FEET; THENCE FEET; THENCE FEET; THENCE FEET; THENCE FEET; THENCE FEET; THENCE CURVE TO THE N 12°00 1 28 11 N 07°12'34" N 00°42'38" N 05°18 I 54 11 N 03°33 1 06" N 21°00 I QQll w w w E E E 243 .11 FEET; THENCE N 11°30 I 42 11 w 105. 63 75.18 FEET; THENCE N 08°02'04" W 130.43 148.65 FEET; THENCE N 84°00 1 00 11 W 223.25 90.01 FEET; THENCE S 84°00'00 11 E 226.92 162. 15 FEET; THENCE N 00°42 '3 8 11 W 162. 56 3 3 2 . 5 1 FEET ; THENCE N 0 0 ° 4 2 I 3 8 II w 2 0 2 . 2 7 N 09°00 1 00" W 38l.49 FEET; THENCE N 00°42'38" W 176.32 N 86°49 '23 11 W 193. 8 9 FEET; THENCE ALONG THE ARC OF A LEFT HAVING A RADIUS OF 580.00 FEET AND A CENTRAL ANGLE OF 10°53 1 34 11 , A DISTANCE OF 110.27 FEET (CHORD BEARS N 21°33'22" W 110 .10 FEET) ; THENCE S 86°49 1 23 11 E 225. 61 FEET; THENCE N 25°43 '53 n W 3 08 .. 74 FEET; THENCE N 14°33 t 44" W 79. 98 FEET; THENCE N 3 0°42 '43 11 W 86. 50 FEET; THENCE N 34°03 '44 11 W 197. 29 FEET; THENCE N 34°19 '54 11 W 149.21 FEET; THENCE N 49°00'00" W 200.56 FEET; THENCE N 59°50 1 00 11 W 206.65 FEET; THENCE N 69°00 1 00" W 209.58 FEET; THENCE N 65°00 1 00 11 W 3 6 2 • 5 9 FEET i THENCE N 6 7° 5 l I 0 9 II w 3 7 9 . 3 6 FEET i THENCE N 7 2° 0 0 1 0 0 II w 128.25 FEET, TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY DESCRIBED IN BOOK 590 AT PAGE 955; THENCE N 37°11' 37n E ALONG SAID EASTERLY LINE 123.94 FEET TO A POINT ON THE CENTERLINE OF THE ROARING FORK RIVER; THENCE THE FOLLOWING FIVE (5) COURSES ALONG THE CENTERLINE OF SAID RIVER: 1. S 64°20'33 11 E 539.13 FEET 2. S 69°24'54" E 523.30 FEET 3 . s 61°41 I 5 4 II E 1"4 7 . 51 FEET 4. S 34°19'54" E 646.80 FEET 5. S 29°54 1 54 11 E 516.97 FEET TO A POINT ON THE EASTERLY LINE OF LOT 17 OF SAID SECTION l; THENCE LEAVING SAID CENTERLINE S 00°42' 38" E ALONG THE EASTERLY LINE OF LOTS 17, 22 AND 29, A DISTANCE OF 2l40.70 FEET; THENCE LEAVING SAID EASTERLY LINE N 89°15 1 45 11 E 43 .14 FEET TO THE NORTHWEST CORNER OF THAT PROPERTY DESCRIBED IN BOOK 511 AT PAGE 103 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE THE FOLLOWING THREE (3) COURSES ALONG THE WESTERLY LINE OF SAID PROPERTY: 1. S 41°07'10 11 E 559.76 FEET 2. S 47°56' 39 11 E 519. 80 FEET 3. S 47°16•43 11 E 276.72 FEET; THENCE LEAVING SAID WESTERLY LINE S 62°10'49 11 W 340.58 FEET, TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 18.603 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 23 AND 28 OF SECTION 1 -~·AND LOTS 4, 5, 6, 7, 14, THE NW1/4NW1/4 AND THE SWl/4NWl/4 OF SECTION I llllll lllll llllll llll llllll llllll lllll Ill lllll llll llll 623133 03/18/2003 04:07P 81447 P954 M ALSDORF 71 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE l LEGAL PAGE 7 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADOi SAID PARCEL OF LAND BEING MORE PARTICULARLY AS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS CAP IN PLACE, THE POINT OF BEGINNING; THENCE S 88°08'24 11 E ALONG THE NORTHERLY LINE OF THE NW1/4NW1/4 AND LOT 5 OF SAID SECTION 12 1925.15 FEET; THENCE LEAVING SAID NORTHERLY LINES 01°19 1 06 11 W 100.00 FEET; THENCE s 88°08 I 24" E 150. 00 FEET i THENCE N 00°03 I 3 8 II E 2 00 .10 FEET i THENCE N 88°08 1 24" W 100.15 FEET TO A POINT ON THE \iESTERLY LINE OF LOT 28 OF SAID SECTION 1; THENCE N 01°16 1 57 11 W ALONG THE WESTERLY LINE OF LOTS 28 AND 23 OF SAID SECTION 1 1061.60 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 109i THENCE LEAVING THE WESTERLY LINE OF SAID LOT 23 THE FOLLOWING SEVEN (7) COURSES ALONG THE WESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 109: 1. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 458.09 FEET AND A CENTRAL ANGLE OF 36°07 1 56 11 , A DIST~CE OF 288.88.FEET (CHORD BEARS S 30°48'59" E 284.12 FEET) 2. S 12°45'01" E 247.15 FEET 3 . ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1095.00 FEET AND A CENTRAL ANGLE OF 08°59 1 23", A DISTANCE OF 171.80 FEET (CHORD BEARS S 08°15'19" E 171.63 FEET) 4. S 03°45 1 38" E 70.62 FEET 5. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS_OF 1930.00 FEET AND A CENTRAL ANGLE OF 05°38'57 11 , A DISTANCE OF 190. 29 FEET (CHORD BEAH.S S 06 °35 1 06 11 E 190. 21 FEET) 6 . s 0 9 ° 2 4 I 3 5 " E 173 9 • 9 6 FEET 7. S 09°32'11 11 E 545.09 FEET (TO A POINT WHENCE AN ONE INCH IRON PIPE BEARS S 80°39'46 11 W 15.01 FEET); THENCE-LEAVING SAID WESTERLY RIGHT-OF-WAY S 80°39 '.46". W ALONG THE NORTHERLY LINE EXTENDED AND THE NORTHERLY LINE OF RECEPTION NO. 402764 156.56 FEET TO AN ONE INCH IRON PIPE IN PLACE; THENCE.CONTINUING ALONG SAID NORTHERLY LINE S 46°49' 46 11 W 319. 59 FEET TO THE NORTHWEST CORNER OF SAID RECEPTION NO. 402764, A REBAR AND CAP IN PLACEi THENCE S 08°30'14" E ALONG THE WESTERLY LINE OF SAID RECEPTION NO. 402764 AND RECEPTION NO. 418590, 302.72 FEET TO THE SOUTHWEST CORNER OF SAID' RECEPTION NO. 418590; THENCE S 80°45 1 44 11 W ALONG THE NORTHERLY LINE OF RECEPTION NO. 397182, 177.17 FEET TO THE NORTHWEST CORNER OF SAID RECEPTION NO. 397182; THENCE S 17°25'15 11 W ALONG THE WESTERLY LINE OF RECEPTION NO. 397182 AND RECEPTION NO. 411767, 741.91 FEET TO THE NORTHWEST CORNER OF LOT 21 OF SAID SECTION 12, ALSO BEING THE NORTHWEST CORNER OF TELLER SPRINGS SUBDIVISION; THENCE S 00°00'34 11 W ALONG THE WESTERLY LINE OF SAID TELLER SPRINGS SUBDIVISION. AND THE EASTERLY LINE OF LOT 14 OF SAID SECTION 12 768. 25 FEET TO THE SOUTHEAST CORNER OF SAID liOT 14; THENCE LEAVING THE WESTERLY LINE OF TELLER SPRINGS SUBDIVISION ___ s 89°00 I 59 11 'w ALONG THE SOUTHERIN LINE OF SAID LOT 14 468. 99 FEET TO I llllll lllll llllll llll llllll llllll lllll Ill 1'11111ll lllt 623133 03/18/2003 04:07P B1447 P955 M ALSDORF 72 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 8 THE SOUTHWEST CORNER OF SAID LOT 14; THENCE N 00°22 1 13 11 E ALONG THE WESTERLY LINE OF SAID LOT 14 1378.08 FEET TO THE NORTHWEST CORNER OF SAID LOT 14; THENCE N 89°07'53 11 W ALONG THE SOUTHERLY LINE OF THE SW1/4NWl/4 OF SAID SECTION 12 1347.91 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 12, AN ALUMINUM CAP IN PLACE; THENCE N 00°33'14 11 W ALONG THE WESTERLY LINE OF SAID SECTION 12 2728.80 FEET TO THE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 166.038 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 5 AND 13 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, A BLM BRASS CAP IN PLACE: THENCE S 56°22'41~ E 518.09 FEET TO THE POINT OF BEGINNING. THENCE S 59°20'231 E 118.46 FEET; THENCE S 60°00'00~ W 121.04 FEET; THENCE S 11°21'36 W 58.67 FEET; THENCE N 05°09'02~ W 158.12 FEET; THENCE N 19°24'30 E 31.12 FEET; THENCE.S 65°25'04~ E 20.16 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.220 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 12 AND 13 OF SECTION 1, TOWNWHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 1, A BLM BRASS CAP IN PLACE: THENCE S 34°35 1 14' E 723.60 FEET TO THE POINT OF BEGINNING. THENCE S 14°00'00~ E 407.29 FEET; THENCE S 18°43 1 43~ E 156.81 FEET; THENCE S 6 9 ° 0 0 ' 0 O~ E 19 0 . 0 8 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 232.70 FEET AND A CENTRAL ANGLE OF 38 ° 55 1 16 1 ' , A DISTANCE OF 158. 08 FEET·· (CHORD BEARS S 51°47'11~ W 155.05 FEET); THENCE S 71°16 1 17~ W 67.02 FEET; THENCE N 18°43 1 43~ W 446.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADUIS OF 1000.00 FEET AND A CENTRAL ANGLE OF 20°55 1 56 11 , A DISTANCE OF 365.34 FEET (CHORD BEARS N 02°39'27~. W 363.31 FEET) TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 1.300 ACRES, MORE OF LESS. TOGETHER WITH A TRACT OF LAND SITUATED IN SECTION 35, TOWNSHIP 6 SOUTH, RANGE 89 WEST AND SECTION 2, ,TOWNSHIP 7 SOUTH, RANGE 89 WEST, ALL IN THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON CORNER TO S.ECTIONS. 1 AND 2, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN 1 SAID CORNER ALSO BEING COMMON TO SECTIONS 35 AND 36, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE N 76°04'29 11 W 4185. 64 FEET TO THE ·-· 'NORTHEAST CORNER OF LOT 21, WESTBANK RANCH SUBDIVISION, FILING 1, THE 1111111111\l llllll 1111 llllll llllll lllll Ill lllll lllt 1111 623133 03/18/2003 04:07P 81447 P956 M ALSDORF 73 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LEGAL PAGE 9 POINT OF BEGINNING; THENCE THE FOLLOWING TWENTY FIVE (25) COURSES ALONG THE NORTHERLY AND EASTERLY BOUNDARY OF SAID WESTBANK RANCH, FILING 1: 1. 2. 3 . 4. 5. 6 . 7. s 09°00'22 11 w s 69°53'22 11 w S 06°59'38 11 E S 55°29 1 38 11 E S 75°13 1 38" E N 88°58'22" E N 82°55'22 11 E 226.00 FEET TO A REBAR AND CA~, L.S. NO. 19598 8 2 . 0 0 FEET TO A REBAR AND CAP , L. S . NO . 19 5 9 8 79.00 FEET TO A REBAR AND CAP, L.S. NO. 19598 95.00 FEET TO A REBAR AND CAP (ILLEGIBLE) 215. 00 FEET TO A NO. 5 REBAR 451.00 FEET TO A REBAR AND CAP {ILLEGIBLE) 240.00 FEET TO A REBAR AND CAP (ILLEGIBLE) 8. S 20°35' 18" E 185. 00 FEET TO A REBAR AND CAP (ILLEGIBLE) 9. N 69°24'42 11 E 210.00 FEET TO A REBAR AND CAP-, L.S. NO'. 19598 10. N 07°18 1 26 11 W 251. 73 FEET TO A NO. 5 REBAR 11. N 71°15'22 11 E 272.00 FEET TO A REBAR AND CAP (ILLEGIBLE) l2. N 41°00 '22 11 E 372 .54 FEET TO A NO. 5 REBAR l3. S 65°59 '38 11 E 435. 00 FEET TO A NO. 5 REBAR 14. S 19°59' 38 11 E 210. 00 FEET TO A NO. 5 REBAR 15. S 60°00 1 22 11 W 398.80 FEET TO A NO. 5 REBAR l 6 . S 4 8 °16 ' 51 11 W 2 3 5 . 2 0 FEET TO A NO . 5 REBAR J. 7. S 50°30 '22 11 W 210 .22 FEET TO A NO. 5 REBAR 18. S 69°24 '42 11 W 180. 00 FEET TO A NO. S REBAR 19. N 20°35 '18" W 260. 00 FEET TO A REBAR AND CAP, L. S. NO. l9598 20. S 69°24 '42" W 230.27 FEET TO A NO. 5 REBAR 21. S 20°35'18 11 E 266 .00 FEET TO A REBAR AND CAP (ILLEGIBLE) 2 2 . S 6 6 ° 0 9 ' 0 7 11 W 9 6 . 5 7 FEET TO A REBAR AND CAP / L. S . NO. 19 S 9 8 2 3 . S 01°2 3 ' 5 4" W 10 9 . 6 0 FEET TO A REBAR AND CAP, L. S . NO. 716 8 24. S 28°05 '38 11 E 250. 00 FEET TO A REBAR AND CAP (ILLEGIBLE) 25. S 67°07' 27 11 E 149. 99 FEET TO A REBAR AND CAP (ILLEGIBLE), THE COMMON CORNER OF WESTBANK RANCH SUBDIVISION FILING l AND WESTBANK RANCH SUBDIVISION FILING 2, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF LOT 23 OF SAID FILING 2; THENCE THE FOLLOWING SEVENTEEN (17) COURSES ALONG THE NORTHERLY BOUNDARY OF SAID WESTBANK RANCH SUBDIVISION FILING 2: 1. S 69°05' 38" E 633 .53 FEET TO A NO. 5 REBAR 2. N 78°31' 22" E 318 .16 FEET TO A NO. 5 REBAR 3. S 62°19' 08 11 E 376. 50 FEET TO A REBAR AND CAP (ILLEGIBLE) 4. S 84°58 1 08 11 E 192.70 FEET TO A REBAR AND CAP (ILLEGIBLE) 5. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 585. 00 6. ---7. FEET, A CENTRAL ANGLE OF 03°55 1 13 11 AND .A.'DISTANCE OF 40.03 FEET (CHORD BEARS N 03°04' 17 11 E 40. 02 FEET) TO A NO. 5 REBAR N 8 4 ° 5 8 I 0 8 II w l 8 3 . 3 2 FEET TO A NO. 5 REBAR N 62°19' 08 11 W 133. 53 FEET TO A NO. 5 REBAR 1111111111111111111111111111111111111111111111iuu11 623133 0311a12s00030 004~0~~ ~~:;ier~5~onN;v co 74 of 81 R 40 · ~. PHASE 1 LEGAL PAGE 10 8. N 10°46 1 22 11 E 65.11 FEET TO A 1 INCH STEEL PIPE 9. N 30°36 1 38 11 w 476.00 FEET TO A REBAR AND CAP, L.S. NO. 9184 10. N 39°08 1 22 11 E 306.48 FEET TO A NO. 5 REBAR 11. N 77°24 I 22 11 E 264.88 FEET TO A REBAR AND CAP ( ILLEGIBLE) 12. s 33°46'38 11 E 544.01 FEET 13. s 18°29 1 38 11 E 217.00 FEET 14. s 06°49'38" E 218.79 FEET TO A REBAR AND CAP, L.S. NO. 19598 15. N 84°58'08" w 16. ALONG THE ARC 33°34 1 38" w 232.00 FEET 22°27'38 11 w 382.00 FEET 20°22 I 38 11 w 328.18 FEET 35°29 1 38 11 w 119.00 FEET 52°29 I 38 11 w 175.00 FEET 52°29 1 38" w 215.00 FEET 321.00 FEET I jllllf 11111 1111111111 111111111111 111111111111111111111 623133 03/18/2003 04:07P 81447 P958 M ALSDORF 75 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE l LEGAL PAGE 11 2 . N 45°56 1 38 11 w 239.80 FEET 3 . N 64°32'38" w 507.80 FEET 4 . N 84°51'38 11 w 169.60 FEET 5. N 7·9o3 6 I 3 8 II w 203.00 FEET 6 . N 72°34 1 38 11 w 879.00 FEET 7 . s 87°46 1 22 11 w 342.00 FEET 8 . s 85°12 I 22 II w 231. 00 FEET 9. s 65°57 1 22 11 w 517.00 FEET 10. s 48°42 I 22 11 w 332.00 FEET 1l. s 69°44 1 22 11 w 363.00 FEET 1:2 . N 80°02'30" W 181.97 FEET TO THE POINT OF BEGINNING; SAID r~cT OF LAND CONTAINING 93.860 ACRES, MORE OR LESS. TOGETHER WITH A 30.00 1 WIDE ACCESS AND UTILITY EASEMENT EXTENDING FROM MEADOW LANE TO COUNTY ROAD NO. 109 'AND BEING THE SOUTHERLY 30.00 FEET OF LOT 15, WESTBANK SUBDIVISION, FILING NO. 3, AS SHOWN ON THE PLAT THEREOF RECORDED IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE. TOGETHER WITH A LIMITED ACCESS EASEMENT THROUGH WEST BANK OPEN SPACE BEING A 25.00 FOOT WIDE STRIP OF LAND SITUATED IN LOT 24r SECTION l, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIANr COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND LYING 12.50 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A ELM BRASS CAP IN PLACE; THENCE N 61°13 1 24" E 2223.28 FEET TO A POINT ON THE PAGE EASTERLY LINE OF SAID LOT 24, SAID POINT ALSO BEING ON SAID CENTERLINE, THE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE N 48°52 1 57 11 W ALONG SAID CENTERLINE 236.91 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1404.75 FEET AND A CENTRAL ANGLE OF 10°55 1 42 11', A DISTANCE OF 267.94 FEET (CHORD BEARS N 43°25'05 11 W 267.53 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N 69°16'39n E 20.95 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF COUNTY ROAD NO." 109; THENCE LEAVING SAID RIGHT-OF-WAY AND CONTINUING ALONG SAID CENTERLINES 69°16 1 39 11 W 30.81 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 42°43 I 58 II I A DISTANCE OF 18. 65 FEET (CHORD BEARS N 89°21 1 22 11 w 18. 22 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N 67°59 1 23 11 W 56. 79 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 1111111111111111111111111111111111 ltl\~~! l~~Jl~~11 623133 03/18/2000 3 0 °04 0=0~: ~~:~IELD COUNTY CO 76 of 81 R 406. · PHASE l LEGAL PAGE 12 64°44 1 47 11 , A DISTANCE OF 28.25 FEET (CHORD BEARS S 79°38 1 13 11 W 26.77 FEET); THENCE CONTINUING ALONG SAID CENTERLINES 47°15 1 50 11 W 58.23 FEETi THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1250.00 FEET AND A CENTRAL ANGLE OF 05°28 1 45 11 , A DISTANCE OF ll9.54 FEET (CHORD BEARS S 44°31'27" W 119.49 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 41°4 7' 05 11 W 96. 44 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 18°48' 32", A DISTANCE OF 32. 83 FEET (CHORD BEARS S 51°11 1 21" W 32. 68 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 60°35 '37 11 W 46. 99 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 16°49 1 45 11 , A DIE;TANCE OF 29.37 FEET{CHORD BEARS S 69°00 1 29 11 W 29.27 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 77°25 1 22 11 W 39.30 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 33°J.5'59", A DISTANCE OF 14.52 FEET {CHORD BEARS S 60°47 1 22n W 14.31 FEET}; THENCE CONTINUING ALONG SAID CENTERLINE S 44°09' 23" W 33. 76 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEF+ HAVING A RADIUS OF ?0.00 FEET AND A CENTRAL ANGLE OF 29°35 '03 11 , A DISTANCE OF 2 5. 82 FEET (CHORD BEARS S 2 9°21' 52 11 W 25. 53 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 14°34 f 20 11 W 21. 94 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF_A CURVE TO THE LEFT HAVING A RADIUS OF SO.OD FEET AND A CENTRAL ANGLE OF 25°18'20", A DISTANCE OF 22.08 FEET (CHORD BEARS S 01°55 1 10" W 21.90 FEET); THENCE CONTINUING ALONG SAID CENTERLINES 10°44'00 11 E 127.50 FEET; THENCE.CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25. 00 FEET AND A CENTRAL ANGLE OF 71°09 I 00" I A DISTANCE OF 31. OS FEET (CHORD BE.?\RS s 24°50 I 30 11 w 29. 09 FEET) ; THENCE CONTINUING ALONG SAID CENTERLINE S 60°25 1 00 11 W 83 .15 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC" OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 68°29'58", A DISTANCE OF 29.89 FEET (CHORD BEARS S 26°10'01" W 28.14 FEET) ; THENCE CONTINUING ALONG SAID CENTERLINE S 08°04 1 58 11 E 10. 67 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 24 OF SAID SECTION l, THE TERMINUS; WHENCE THE SOUTHWEST CORNER OF SAID SECTION 1 BEARS s 5 0 ° 3 0 1 3 2 II w 13 3 5 . 3 9 FEET . TOGETHER WITH A LIMITED ACCESS EASEMENT THROUGH TROUT BEING A 40.00 FOOT WIDE STRIP OF LAND SITUATED IN LOT 26 AND 27, SECTION 11 TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OP LAND LYING 20.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P960 M ALSDORF 77 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE 1 LP.:GAL PAGE l3 COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS CAP IN PLACE i THENCE N 50°30 1 32 11 E 1335. 39 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 26 1 SAID POINT ALSO BEING ON SAID CENTERLINE, THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE S 08°04'58" W ALONG SAID CENTERLINE 38.58 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 79°39'45 11 , A DISTANCE OF 34.76 FEET(CHORD BEARS S 31°44'55 11 W 32.03 FEET); THENCE CONTINUING ALONG SAID CENTERLINES 71°34'47 11 W 11.95 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF SO. 00 FEET AND A CENTRAL ANGLE OF 21°47 '02 11 , A DISTANCE OF 19.01 FEET(CHORD BEARS S 82°28'18 11 W 18.90 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N 81°44' 27 11 W 16. 83 FEET; THENCE CONTINUING ALONG S~ID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25. 00 FEET AND A CENTRAL ANGLE OF 95°09 1 44", A DISTANCE OF 41. 52 FEET (CHORD BEARS S 50°40'40 11 W 36. 91 FEET); THENCE CONTINUING ALONG SAID CENTERLINES 01°01 1 23" W 29.68 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF SO. 00 FEET AND A CENTRAL ANGLE OF 31°40 T 51 11 , A DISTANCE OF 27. 65 FEET (CHORD BEARS S 16°51'49 11 W 27 .30 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 32°42 '14" W 88. 36 FEET; THENCE· CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A .RADIUS OF 50. 00 FEET AND A CENTRAL ANGLE OF 26°01'54", A DISTANCE OF 22. 72 FEET (CHORD BEARS S 19°41' l 7" W 22. 52 FEET) ; THENCE CONTINUING ALONG SAID CENTERLINE S 06°40'20" W 19.05 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25. 00 FEET AND A CENTRAL ANGLE OF 60°30 I 09 II I A DISTANCE OF 26. 40 FEET {CHORD BEARS S 23°34 1 44 11 E 25 .19 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 53°49' 49" E 8. 59 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 28°56 1 52 11 , A DISTANCE OF 12.63 FEET(CHORD BEARS S 39°21'22" E 12.50 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 24°52' 56 11 E 10. 28 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 42°02 1 11 11 , A DISTANCE OF 18. 34 FEET (CHORD BEARS S· 03°51' 51" E 17. 93 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 17°09' 15 11 W 4 6. 4 3 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100. 00 FEET AND A CENTRAL ANGLE OF 10°32 '50 11 , A DISTANCE OF 18. 41 FEET (CHORD BEARS S 22°25' 40 11 W 18. 38 FEET) ; THENCE CONTINUING ALONG SAID CENTERI-1INE S 27°42'05" W 49.78 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF SO. 00 FEET AND A CENTRAL ANGLE OF 46°09 1 03 11 , A I lllllf 111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P961 M RLSDORF 78 of 81 R 406.00 D 0.00 GARFIELD COUNTY CO PHASE l LEGAL PAGE 14 DISTANCE OF 40.27 FEET {CHORD BEARS S 04°37 1 33" W 39.19 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 18°26 1 59" E 9. 34 FEET; THENCE CONTINUING ALONG SAID CENTERIJINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50. 00 FEET AND A CENTRAL ANGLE OF 41°51'43 11 , A DISTANCE OF 36. 53 FEET (CHORD BEARS S 02°28 1 53" W 35. 72 FEET) ; THENCE CONTINUING ALONG SAID CENTERLINE S 23°24' 44" W 52. 26 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50. 00 FEET AND A CENTRAL ANGLE OF 39°55 '48", A DISTANCE OF 34.85 FEET (CHORD BEARS S 03°26'50 11 W 34.14 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 16°31' 04 11 E 8. 35 FEET i THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50. 00 FEET AND A CEN'l'RAL ANGLE OF 48°53 1 14 11 , A DISTANCE OF 42. 66 FEET {CHORD BEARS S 07°55' 33" W 41. 38 FEET) ; THENCE CONTINUING ALONG SAID CENTERLINE S 32°22 'l1" W 27. 64 FEET i THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 26°24'43", A DISTANCE OF 23.05 FEET (CHORD BEARS S 19°09'49" W 22.85 FEET) ; THENCE CONTINUING ALONG SAID CENTERLINE S 05°57' 27 11 W 107. 09 ·FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 05°31'35" I A DISTANCE OF 9. 65. FEET {CHORD BEARS s 03°11I40 II w 9. 64 FEET);. THENCE CONTINUING ALONG SAID CENTERLINE S 00°25 1 52" W 48. 93 FEET; THENCE . CONTINUING ALONG SAID CENTERLINE ALONG THE ~C OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 09°55'00", A . . DISTANCE OF 17.31 FEET(CHORD BEARS S 05°23'22" W 17.29 FEET) TO A POINT ON THE SOUTHERLY LINE OF LOT 26 OF SAID SECTION 1, THE TERMINUS; WHENCE THE SOUTHWEST CORNER OF SAID SECTION 1 BEARS N 88°09'24" W 801.05 FEET. THE ABOVE DESCRIBED PROPERTY CONTAINING.A TOTAL ACREAGE OF 430.698 ACRES, MORE OR LESS. 8/5/99 1111111111111111111111111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P962 M ALSDORF 79 cf 81 R 406.00 D 0.00 GARFIELD COUNTY CO EXHIBITB (Annexable Property Legal Description) Those parcels of property identified as Future Development, Phase 1, Future Development, Phase 2, Future Development Phase 3 and Future Development, Phase 4 and more particularly described on the Final Plat of Rose Ranch Plarmed U1nt Development, Phase 1) recorded in the records of the Clerk and Recorder for Garfield County, Colorado on //-5'7'3, MJOe, at Reception No. ~~ -tt~B Declaration of Protective Coven.ants Rose Ranch P. U.D. 13-Sep-99 I llllll lllll llllll llll 111111111111111111111111111111111 623133 03/18/2003 04:07P 81447 P963 M ALSDORF 80 of 81 R 406.00 D 0.00 G~RFIELD COUNTY CO EXHIBITC (Golf Course Parcel Legal Description) Those parcels of property identified as Golf Course Parcel 1, Golf Course Parcel 2, Golf Course Parcel 3, Golf Course Parcel 4, Golf Course Parcel 5 and Golf Course Parcel 6 and more paiiicularly described on the Fina] Plat of Rose Ranch Pla1med Un]t Development, Phase 1, recorded in tbe records of the Clerk and Recorder for Garfield County, Colorado 011.1/-_,...?3 ,l~&D, at Reception No. 5""6 "?/Ef'B Declaration of Protective Covenanrs Rose Ranch P. U.D. 13-Sep-99 1111111111111111111111111111111111111111111111111111111 623133 0311s1200030 00 4 0:0~: ~~:~~Er~6 6onN~~s~~RF 81 of Bl R 406. · EXHIBITD (Recorded Easements, Licenses, Covenants and Restrictions) 1. Declaration of Golf Facilities Development, Construction and Operational Easement) executed by Roaring Fork Investments) LLC on ...569 ) 1999, and recorded in the records of the Clerk and Recorder for Garfield County, Colorado on/A.s"'7""" ,.t~, at Bool</~, Page~ and Reception No.~?/~..? 2. Grant of Conservation Easement) conveyed by Roaring Fork Investments, LLC to the Roaring Fork Conservancy on I'~~, 1999, and recorded in the records of the Clerk and Recorder for Garfield County, Colorado on /..-l-59'7 , 'l~()!}) at Book /;u/0 , Page7n? and Reception No. :f6'9/9.6 3. Easement Agreement, between Roaring Fork Investments, LLC and the Westbank Mesa Homeowner's Association) Inc., dated~~' 1998, and recorded in the records of the Clerk and Recorder for Garfield County) Colorado on"/-~, 1999, at Book/.6'il, Page5fr"' and Reception No. ~"?/.? 4. Roaring Fork Water & Sanitation District Roaring Fork Investments, LLC Pre-inclusion Agreement, between Roaring Fork investments, LLC, the Roaring Fork Water & Sanitation District and the Board of County Commissioners for Garfield County, Colorado, dated.J9? , 1999 and recorded in the records of the Clerk and Recorder of Garfield County, Colorado on ,.;!~..P , 1999 at Book/~ Page6¢ and Reception No. ~6'PI~.!! Declaration of Protective Covenants Rose Ranch P.U.D. JJ~Sep-99 .C:~~ ,;''·~.~ .. ;~ ~::..:.1 ~~ ~~ ~~' ~-cjf •:~~·..,~·~··; ,ir· ... :·.:1 ieti\~· ;Jb~JT·~ ~·1 ·~·~ \,:·,~~:~~f ~ ~::uc-~. Gt;.J t 1111111111111111111111111111111111111111111111111111111 664762 12/09/2004 02:00P 81646 P3 M RLSDORF 1 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO FIRST AMENDMENT TO RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR IRONBRIDGE This Amendment (this "Amendment") is made this _16th_ day of November, 2004, and constitutes an amendment to the Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge, recorded March 18, 2003 at Reception No. 623133 in the real property records of the County of Garfield, State of Colorado, as amended and supplemented from time to time (the "Declaration"). WITNESSETH: WHEREAS, the Declaration created and defined certain covenants, conditions, restrictions and easements for Ironbridge (the "Project"); WHEREAS, pursuant to Article XX of the Declaration, the Declaration may be amended by the consent and agreement of Owners (all capitalized terms shall have the meanings as defined in the Declaration, unless otherwise defined herein) representing sixty-seven percent (67%) or more of the votes possible to be cast under the Declaration; and WHEREAS, LB Rose Ranch LLC, a Delaware limited liability company ("Declarant"), is the Declarant under this Declaration and is the sole owner of property subject to the Declaration and, therefore, is the only Owner and the only party entitled to vote on the amendment of the Declaration, which vote of approval is evidenced by Declarant's execution of this Amendment. NOW, THEREFORE, the Declaration is hereby amended as follows: I. Real Estate Transfer Assessment. Paragraph No. 12, Section 11.14 "Real Estate Transfer Assessment" is hereby deleted in its entirety, including without limitation all subparts. There shall be no Real Estate Transfer Assessment on the transfer of improved or unimproved Lots within Ironbridge. 2. Corrections. In Paragraph No. 14, the new Article added was incorrectly referenced as Article XXII. The new Article added by Paragraph No. 14 shall hereafter be referred to as Article XXIII and Section 22.1 thereunder shall hereafter be referred to as Section 23.1. Further, the reference to "Eagle County" in new Section 23.1.B.ii is hereby changed to read "Garfield County." 3. Definition of "P.U.D. Resolutions of Ap_proval". The definition of "P.U.D: Resolutions of Approval" as contained in Section 2.1.KK is hereby amended by adding at the end thereof, the following: "together with all amendments thereto currently or hereafter effected, including, without limitation, Commissioner Resolution No. 99-068 recorded June 8, 1999, in Book 1133 at Page 922, Commissioner Resolution No. 2004-20 recorded February 11, 2004, in Book 1560 at Page 431 and Commissioner Correction Resolution No. 2004-26 recorded March 111111111111111111111111111111111111111 /II lllll IJll llll 664762 12/09/2004 02:001' 81646 P4 M RLSDORF 2 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO 2, 2004 in Book 1565 at Page 600, each in the records of the Clerk and Recorder of Garfield County, Colorado. 4. Garage Sales Permitted. Section 17.5 is hereby amended by deleting from the first sentence the words "garage sale, moving sale rummage sale". Garage sales and similar one- day or weekend sales of used household items will be permitted. 5. Article XVIII Deleted. Article XVIII, Additional Restrictions for Wildlife Protection, is hereby deleted in its entirety. Owners are advised to carefully review the P.U.D. Resolutions of Approval for current restrictions applicable to the Project. 6. Governing Law. This Amendment will be governed by and interpreted in accordance with the laws of the State of Colorado. 7. Conflicts Between Documents. This Amendment hereby supersedes and controls over any contrary provision contained in the Declaration. In case of conflict between the Declaration as amended hereby and the Articles and the Bylaws of The Ironbridge Property Owners' Association, the Declaration, as amended, shall control. 8. Declaration. Except as specifically set forth in this Amendment, the Declaration remains unchanged and in full force and effect. This Amendment to Declaration shall hereafter be interpreted for all purposes as part of the Declaration. IN WITNESS WHEREOF, the undersigned Declarant, as the sole Owner, has executed this Amendment on the day and year first written above. 2 DECLARANT: LB Rose Ranch LLC, a Delaware limited liability company By: P AMI LLC, a Delaware limited liability company, its managing member ~ > ~ ~:+ SLerite M. Brogan Title: Authorized Signatory I llllll lllll lllllll Ill lllll lllllll lllll Ill lllll 11111111 664762 12/09/2004 02:00P 61646 P5 M RLSDORF 3 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO STATE OF New York COUNTY OF New York ) ) SS. ) The foregoing instrument was acknowledged before me this ~ day ofNllh.,W2004, by Marguerite M. Brogan, as Authorized Signatory of P AMI LLC, a Delaware limited liability company, as managing member of LB Rose Ranch LLC, a Delaware limited liability company. My commission expires: [SEAL] ------:::::==--- JAYSON BERKSHIRE ~7"'~~~~~~~ .,4------== Notary Public, State of New York No. OlBE6086709 Qualified in New York County Commission Expires January 27. 2007 E:\CHents\LB Rose Ranch., LLC\lstamend-lronbrdg-dec-2cln.doc 3 ' 1111 Ml\J'lr.i"il,\lllU~UW1.~!Pi~li~'W l,Jpj,*•11 11111 Reception~: 729973 08/03/2007 12:10:59 PM Jean Alberico 1 of 5 Rec Fee:$26.00 Dec Fee:0.00 GARFIELD COUNTY CO SECOND AMENDMENT TO RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR IRONBRIDGE This Amendment (this "Amendment") is made this ..11_ day of Ar.;.. J , 2007, and constitutes an amendment to the Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge, recorded March 18, 2003 at Reception No. 623133 in the real property records of the County of Garfield, State of Colorado, as amended and by a document recorded on December 9, 2004 at Reception No. 664762 (First Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Iron bridge) and collectively referred to in this Amendment as the "Declaration". WITNESSETH: WHEREAS, the Declaration created and defmed certain covenants, conditions, restrictions and easements for Ironbridge (the "Project"); WHEREAS, pursuant to Article XX of the Declaration, the Declaration may be amended by the consent and agreement of Owners (all capitalized terms shall have the meanings as defined in the Declaration, unless otherwise defined herein) representing sixty-seven percent ( 67%) or more of the votes possible to be cast under the Declaration; and WHEREAS, pursuant to the Bylaws of the Ironbridge Property Owners Association (the "Association") a vote of the Owners was held on the _rt_ day of A pr• I , 2007 and votes totaling more than 67% of the Owners voted to approve these Covenants as attested by the Secretary of the Association as set forth below. NOW, THEREFORE, the Declaration is hereby amended as follows: 1. The first sentence of Section 4.13 of the Declaration shall be amended to read as follows: ''To the fullest extent permitted by the Act, the Association may provide services to a Member or group of Members including, but not limited to, entering into an agreement(s) to allow a Member or group of Members to use all or any part of the Private Amenities." 2. The first paragraph of Section 6.5 of the Declaration shall be amended to add at the end of such paragraph the following: "Notwithstanding the foregoing, the Association may, from time to time, pursuant to Section 4.13 of the Declaration, enter into an agreement with the respective Second Amendment to Restated Covenants, etc. Ironbridge page I After recording return to: Wear, Travers & Perkins. P.C. I 000 S Frontage Rd W. Ste 200 Vail, CO 81657 1111 WI'\ lllT.l~,\1111,!Vllf,!IWl,ruf.lll/,l'll~:l.llJLl+-ll: ~1 1111111 Reception#: 729973 . 08/0312007 12:10:59 PM Jean Rlber~co 2 of 5 Rec FeB:$26.00 Ooo Fee:0.00 GARFIELD COUNTY CO owners of the Private Amenities, on such terms and conditions as the Association deems reasonable, which agreement would, among other things, allow an Owner or Owners to use the Private Amenities. Copies of any such agreement( s) may but need not be recorded in the office of the Clerk and Recorder of Garfield County, Colorado." 3. Section 11.2 of the Declaration shall be amended to add an additional sentence at the end of the section to read as follows: "The Assessments may include fees charged to the Association for use of the Private Amenities in accordance with contract(s) entered into by the Association pursuant to Sections 4.13 and 6.5 of these Declarations." 4. Section 11.4 of the Declaration shall be amended by the addition of the following at the end of the second sentence thereof: " ... ; and expenses incurred by the Association, if any, pursuant to the provision of special services to the Owners by the Association as provided in Section 4.13 of this Declaration." 5. This Amendment will be governed by and interpreted in accordance with the Jaws of the State of Colorado. 6. This Amendment hereby supersedes and controls over any contrary provision contained in the Declaration as adopted before this Amendment. In case of conflict between the Declaration as amended hereby and the Articles and the Bylaws of The Ironbridge Property Owners' Association, the Declaration, as amended, shall control. 7. Except as specifically set forth in this Amendment, the Declaration as adopted before this Amendment remains unchanged and in full force and effect. This Amendment to Declaration shall hereafter be interpreted for all purposes as part of the Declaration. THE BALANCE OF THIS PAGE IS LEFT INTENTIONALLY BLANK SIGNAWRE PAGES FOLLOW Second Amendment to Restated Covenants, etc. Ironbridge page2 I 1111 Ml\ •1 TilP&'l .Mll .N! ,1'1 ,l-llY.Wlfh!Hi~l+.a'.~·I 11111 Reception#: 729973 08/03/2007 12:10:59 PM Jean Alberico 3 of 5 Rec Fea:$26.00 Doc Fee:0.00 GARFIELD COUNTV CO IN WITNESS WHEREOF, the undersigned as President of the Ironbridge Property Owner's Association, pursuant to Article XX of the Declaration, has executed this Amendment on the day and year first written above. STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. The foregoing Second Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge was acknowledged to before me this ftlday of '111.~ , 2007 by J. Thomas Schmidt, as President of the Ironbridge Property Owner's Assoc1at1 . ~'th.~. No Pu ic My Commission expires: tJ.t-oz -.f.CJO g Second Amendment to Restated Covenants, etc. Iron bridge page3 1111 IM. f 11 T.I~ .ritl! .tti ,rfl .l'*A':~"lllr''IMI .I~~ ~·ii 11111 Reception#; 729973 08/0312007 12:10:59 PM Jean Albe~ico 4 of S Rec Fee:S26.00 Doo Fee:0.00 GRRFIELD COUNTY CO CERTIFICATION BY SECRETARY I, Eric E. Forerster, as Secretary of the Ironbridge Property Owner's Association, pursuant to Article XX of the Declaration and as required by the Colorado Common Interest Ownership Act certify that the foregoing Second Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge was submitted to the Owners as defined in the Declaration at a meeting called on the 19th day of April, 2007, for that purpose and received the approval of more than sixty-seven percent of the votes possible to be cast under this Declaration. Eric E. Foerster, Secretary Ironbridge Property Owner's Association STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. The foregoing Certification of Second Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Ironbridge was acknowledged to before me this _ day of thy ;!> , 2007 by Eric E. Foerster, as Secretary of the Ironbridge Property Owner's Association. ~··~· My Commission expires: \~\~\Q,C\ Second Amendment to Restated Covenants, etc. Ironbridge page4 S. KELLER-GREEN NOTARY PUBLIC STATE OF COLORADO My Ccmmission Expires 10/02/2009 1111 WI. J'lr.l"i'l,11111.l'fl ,l't'l,1-iiY.rti,:~·W'ILIPIL ~·ii 11111 Reception#: 729973 08103/2007 12:10:59 PM Jean Alberico 5 of 5 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO APPROVAL OF DECLARANT The undersigned Declarant consent, pursuant to Article XX of the Declaration and may be as required by the Colorado Common Interest Ownership Act to the terms and conditions of the foregoing Second Amendment to Restated Declaration of Covenants, ~onditions, Restrictions and Easements for Ironbridge which consent is given on this l_ day of ~..::::.'-<s:. , 2007. STATE OF N!rW Yo~L<., ) COUNTY OF NcN yo~ )SS DECLARANT: LB Rose Ranch LLC, a Delaware limited liability company By: P AMI LLC, a Delaware limited liability company, its managing member ~rg >' Name: M :;te M. Brogan ~ Title: Authorized Signatory The foregoiog instrument was acknowledged before me this _l _day of ~007, by Marguerite M. Brogan, as Authorized Signatory of P AMI LLC, a Delaware limited liability company, as managing member of LB Rose Ranch LLC, a Delaware limited liability company. 1-Y\~ ~ Notary PublicQ My commission expires: _________ _ Second Amendment to Restated Covenants, etc. Ironbridge page 5 MARIBEL RUIZ Notary Public, State ol New Yori< No. 01RU6081733 Oua.tified in Countv o1 New York Commission Expires 'October 8, 2010 FIRST SUPPLEMENT TO RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR In ON BRIDGE This First Supplement to the Restated Declaration of Covenants, Conditions, Restrictions and '2006, by Easements for Ironbridge (the "First Supplement to Declaration") is made as of ____ _ LB Rose Ranch LLC, a Delaware limited liability company ("Declamnt"). WITNESSETH: WHEREAS, Declarant has heretofore caused to be recorded a Restated Declaration of Covenants, Conditions, Restrictions and Easements for Jronbridge on March 18, 2003, at Book 1447, Page 884 (as amended or supplemented from time to time, the "Declaration") in the Garfield County, Colorado real property records; and WHEREAS, in Article 15 of the Declaration, Declarant expressly reserved for itself the right to expand the Property (all capitalized tem1s used herein shall have the meanings as defined in the Declaration, unless otherwise defined or modified herein) by annexing and submitting all or a portion of the Annexable Property to the terms and conditions of the Declaration and creating Lots and/or Common Area by one or more duly recorded Supplemental Declarations and Supplemental Plats; and WHEREAS, Declarant wishes to submit to the Property the real property described as Lots 250 through 296, inclusive, and as described on the Ironbridge Plarmed Unit Development, Phase II, according to the Plat thereof, recorded on 2006, at Reception No. --------~ in the Garfield County, Colorado real property records (the "Phase II Plat") (such real property hereinafter referred to as the "First Supplemental Property"), which consists of forty-seven (47) additional Lots and additional Conunon Area, as shown on the Phase II Plat. WHEREAS, Declarant wishes to reserve the right for itself to further expand the Property in the future in accordance with the Declaration. NOW, THEREFORE, Declarant hereby declares that both the Property and the First Supplemental Property shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easeinents and the covenants. conditions, restrictions and easements contained in the Declaration, which are for the purpose of protecting the value and desirability of the Property and the First Supplemental Property and which shall run with the land and be binding on all parties and heirs, successors and assigns of paiiies having any right, title, or interest in all or any part of the Property or the First Supplemental Property. I. General. The terms and provisions contained in this First Supplement to Declaration shall be in addition and supplemental to the terms and provisions contained in the Declaration. All terms and provisions of the Declaration, including all definitions, except those tenns and provisions specifically modified herein, shall be applicable to this First Supplement to Declaration and to the First Supplemental Property. The definitions used in the Declaration are hereby expanded and shall hereafter and jn the Declaration be deemed to encompass and refer to the Property as defined in the Declaration and the First Supplemental Property as defined herein. For example, "Lot" shall mean the Lots described in the Declaration plus the additional Lots described herein and on the Phase II Plat. Reference to the "Property" shall mean both the Property and the First Supplemental Property, reference to "Conunon Area" shall mean the Conunon Area described in the Declaration plus the additional Common Area depicted on t11e Phase II Plat and reference to the "Declaration" shall mean the Declaration as supplemented by this First Supplement to Declaration. All ownership and other rights, obligations and liabilities of Owners of original Units are hereby modified as described herein. 2. Annexation of First Supplemental Property. The First Supplemental Property is hereby and, upon the recording of this First Supplement to Declaration and the Phase II Plat shall be, annexed into the Property, and each Lot and the Common Area within the First Supplemental Property shall be subject to all of the covenants, conditions, restrictions and easements as contained in the Declaration. 3. Effect of Expansion. Assessments by the Association as provided in Article I 1 of the Declaration, upon the recording of this First Supplement to Declaration and the Phase II Plat, shall be assessed to all Owners in accordance with Article 1 1, regardless of whether such Owner is the owner of property which is part of the First Supplemental Property or part of the definition of the Property prior to the recording hereof. Notwithstanding any inclusion of additional real property under the Declaration, each Owner (regardless of whether such Owner is the owner of property which is part of the First Supplemental Property or part of the definition of the Property prior to the recording hereof) shall remain fully liable with respect to his obligation for the payment of the Common Expenses of the Association, including the expenses for any new Common Area, costs and fees, if any. The recording of this First Supplement to Declaration shall not alter the amount of the Common Expenses assessed to an Owner prior to such recording. 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 5. Conflicts Between Documents. In case of conflict between the Declaration, as supplemented hereby, and the articles of incorporation or bylaws of the Association, the Declaration as supplemented shall control. STATE OF COLORADO COUNTY OF GARFIELD ) ) SS. ) LB ROSE RANCH LLC, a Delaware limited liability company By: PAM! LLC, a Delaware limited liability company Its: Managing Member By: Name: ___________ _ Tille: The foregoing instrument was acknowledged before me this __ day of , 200 _, by ----,----as of PAMl LLC, a Delaware limited liability company, the Managing Member of LB ROSE RANCH LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: _____ _ [SEAL] Notary Public IRONBRIDGE SUBDIVISION AFFORDABLE HOUSING PLAN PURSUANT TO LUDC 8-201 PHASE III – IRONBRIDGE PUD 1. LOCATION (8-201.A.1). Phase III of the Ironbridge PUD was approved for either onsite or offsite affordable housing pursuant to Resolution 2008-42. At this time the Owner is designating six (6) lots in Phase III, Filing 1 for affordable housing for all of Phase III including the future Filing 2. Lots designated are 29, 42, 58,59, 60 and 61. 2. NUMBER AND MIX OF UNITS (8-201.A.3). a. Free Market Lots: Sixty-one (61) (including both Phase III, Filing 1 and 2) b. Affordable Units (8-301.A): Six (6) c. Minimum bedrooms required (8-301.B): 6 × 2.6 = 15.6 15.6 ÷ 1.5 = 10.4 d. Mix of Units: Detached two (2) or three (3) bedroom Units 3. SCHEDULE FOR CONSTRUCTION (8-201.A.3). Timing is controlled by the LUDC and is anticipated to coincide with Building Permit issuance unless security is provided to ensure completion. Owner will comply with to Resolution 2008-42, which requires construction of affordable units equal to 10% of the unrestricted units which have been sold, or made available for sale. 4. UNITS BY CATEGORY (8-201.A.4). Six (6) detached two (2) or three (3) bedroom units with a minimum square footage of 950 sq. ft. Lot size will be as shown on the Phase III, Filing 1 Final Plat. 5. PROPOSED HOA DUES (8-201.A.5). As the exact timing of construction is unknown and the Ironbridge IPOA may have changes to their current fee structure the exact HOA fees are unknown. However, HOA fees will be consistent with LUDC § 8-302(5) which limits the maximum amount to either a prorated portion of the free market dues, or 75% of free market if proration is not possible. Current IPOA fees including Ironbridge Club dues are $329.00 per month. 6. FORM OF DEED RESTRICTION (8-201.A.6). The then current County approved form of deed restriction will be used at the time of sale of the affordable housing units. 7. FINANCIAL SECRUITY (8-201.A.8). The form of SIA provided by the County Attorney includes Security for affordable housing. The Owner proposes that the financial security associated with the affordable units be separate from the SIA and attached to the final Affordable Housing Agreement as approved by the BOCC. 8. OFFSITE AFFORDABLE HOUSING (8-201.A.9). The Ironbridge Phase III Preliminary Plan approved either onsite or offsite affordable housing for this Phase pursuant to Resolution 2004-20. Currently there are twenty-four (24) Units constructed and occupied in the Ironbridge PUD making it one of the largest single contributors of affordable housing in Garfield County Planning Area 1. As noted in 1 above onsite lots are being designated for affordable housing. 9. COMPLIANCE WITH AFFORDABLE HOUSING GUIDELINES (8- 201.A.10). Owner intends to fully comply with the Garfield County Housing Authority Guidelines. Owner has worked closely with GCHA on Phase II affordable unit sales and is familiar with the regulations and process. ROARING FORK WATER & SANITATION DISTRICT L B ROSE RANCH LLC PRE-INCLUSION AGREEMENT (Domestic Water Service) TIDS PRE-INCLUSION AGREEMENT is made and entered by and between the Roaring Fork Water & Sanitation District, a Colorado special district, whose address is 9929 Highway 82 Carbondale, Colorado 81623 ("District") and LB Rose Ranch LLC whose address is c/o J. Thomas Schmidt, 1007 Westbank Road, Glenwood Springs, Colorado 81601 ("Rose Ranch"). WITNESSETH WHEREAS, the District is a special district, formed and functioning under authority of Colo. Rev. Stat.§§ 32-1-101 et. Seq. (West Supp. 1998), the District's service plan ordered and decreed by the Garfield County District Court in Case No. 94CV29, as amended by the Service Plan Amendment dated December, 2000 and approved by the Board of County Commissioners for Garfield County, Colorado on May 7, 2001 under Resolution No. 2001-28 (hereinafter collectively the "Service Plan") and the District's "Rules and Regulations" promulgated thereunder, providing water and sewer service in Garfield County, Colorado; WHEREAS, Rose Ranch is the owner and developer of that real property located in Garfield County, Colorado, which real property Rose Ranch desires to have included within the District in order to receive domestic water service from the District ("Rose Ranch Property"). The Rose Ranch Property is more particularly described in Exhibit A, a copy of which is attached hereto and is incorporated herein by this reference; WHEREAS, the Rose Ranch Property has received Planned Unit Development ("PUD") zoning and Preliminary Plan subdivision approvals from Garfield County ("County") pursuant to Board of Commissioner Resolution Nos. 98-80, 99-067 and 99-068 ("Zoning and Subdivision Approvals"). At full build-out under said PUD and Preliminary Plan approvals, the Rose Ranch Property will consist of up to 322 residential units, a golf course, clubhouse and recreational amenities related thereto; WHEREAS, for the purpose of providing potable domestic water service to the Rose Ranch Property at full build-out, Rose Ranch has heretofore secured pursuant to Decrees 97CW36 and OOCW019, District Court, Water Division 5, Colorado, water and water rights in an amount sufficient to provide 165,000 gallons per day of domestic in-house use and the irrigation of up to 6.31 acres oflawn and garden irrigation or other equivalent outside water use, which water and water rights equate to 471 equivalent residential units ("EQR's") as defined under the District's rules and regulations (350 gallons per day of domestic in-house use and the irrigation of up to 500 square feet of lawn and garden irrigation or other equivalent outside water use); Draft Facilities Development Agreement Rose Ranch/RFW&SD Page I / WHEREAS, on 13-Sep-99 Roaring Fork Investments, LLC entered into an Agreement with the District entitled, ROARING FORK WATER & SANITATION DISTRICT ROARING FORK INVESTMENTS, LLC PRE-INCLUSION AGREEMENT ("Sewer Pre-Inclusion Agreement") for the purpose of obtaining district sewer service from the District for the Rose Ranch Property. Rose Ranch is the successor in interest to Roaring Fork Investments, LLC under the Sewer Pre-Inclusion Agreement; WHEREAS, consistent with the provisions of the Sewer Pre-Inclusion Agreement, Rose Ranch has heretofore deposited $657,580.00 with the District to allow the District to construct the expansion of its wastewater treatment plant required to service the Rose Ranch Property; WHEREAS, on September 11, 2000, Rose Ranch recorded its first final subdivision plat for the Rose Ranch Property entitled Rose Ranch Planned Unit Development, Phase 1("Phase1 Final Plat") and is presently in the process of constructing and completing the public improvements to be contained therein in accordance with the Zoning and Subdivision Approvals and the terms, provisions and conditions of the Subdivision Improvements Agreement executed by the County and Rose Ranch ("Phase 1 SIA"). The Phase 1 Final Plat was recorded in the records of the Clerk and Recorder for Garfield County, Colorado on September 11, 2000 as Reception No. 569188; the Phase 1 SIA and amendments thereto were recorded in the records of the Clerk and Recorder for Garfield County, Colorado on September 11, 2000, as Reception No. 569190, on September 11, 2000 as Reception No. 569191, on September 11, 2000 as Reception No. 569192, on February 20, 2002 as Reception No. 597597 and on March 01, 2002 as Reception No. 598280; WHEREAS, Colo. Rev. Stat. § 32-1-401 et. seq. and the District's Service Plan provide requirements and procedures for the annexation and inclusion of property into the District, and specifically, Colo. Rev. Stat. § 32-1-402(1)(c) provides that agreements may be entered into, "[b ]etween a board and the owners of property sought to be included in a special district with respect to fees, charges, terms and conditions on which such property may be included."; WHEREAS, Colo. Rev. Stat.§§ 32-1-lOOl(l)(d) and 32-5-402(1)(f) authorize the District to require reimbursement of its out-of-pocket costs in providing services to the District's customers, including but not limited to, water service connections, inclusions to the District and planning and review of line extensions; WHEREAS, the District and Rose Ranch desire hereto to set forth the provisions pursuant to which the Rose Ranch Property will be included within the District and pursuant to which domestic water service will thereafter be provided to the Rose Ranch Property by the District; and WHEREAS, inclusion of the Rose Ranch Property within the District and the provision thereafter of domestic water service by the District upon the terms, conditions and provisions hereinbelow set forth is consistent with and satisfies all requirements under the District's Service Draft Facilities Development Agreement Rose Ranch/RFW&SD Page2 Plan, including but not limited to all policies relevant to the provision of water service to the Regional Service Area as defined therein and all applicable Rules and Regulations promulgated by the District thereunder. NOW THEREFORE, for and in consideration of the mutual covenants and promises of the parties, and other good and valuable consideration the adequacy and sufficiency of which is hereby acknowledged and confessed, the District and Rose Ranch, on behalf of themselves, their successors, assigns and transferees, agree as follows: Article I. Inclusion of Rose Ranch Property 1. Inclusion of Rose Ranch Property within District At any time within two (2) years from the execution of this Agreement, Rose Ranch may file with the District pursuant to Colo. Rev. Stat. § 32-1-401, a petition to have the Rose Ranch Property included within the District for the purpose ofreceiving domestic water service. In order to avoid multiple filings, the above described petition for inclusion related to domestic water service may be combined and processed simultaneously with the inclusion petition for sanitary sewer service allowed Rose Ranch under the Sewer Pre-Inclusion Agreement. Upon the District's receipt of such petition for inclusion, the District shall perform all necessary steps required thereunder to include the Rose Ranch Property within the District including but not limited to conducting the necessary public hearings, obtaining an Order or Orders of inclusion from the Garfield County District Court and filing and recording said Order or Orders with the Garfield County Clerk and Recorder, the Garfield County Assessor and the Division of Local Government. If for any reason the District fails or is unable to obtain the Order or Orders of Inclusion above described or if said Order or Orders fail in any material respect to comply with the terms provisions and conditions set forth herein, this Agreement shall terminate. 2. Reimbursement of District Costs Rose Ranch shall reimburse to the District all actual costs incurred by the District relating to the inclusion within the District of the Rose Ranch Property including all engineering, legal, inspection, filing or recording fees and related expenses on receipt of itemized billings for those services from the District. All such amounts shall be due within sixty (60) days of the date of the bill, with interest on any overdue amounts to be assessed at one percent (1 %) per month. In the event the District is forced to pursue collection of any amounts due and unpaid under this provision, it shall be entitled to collect attorney fees, filing and lien recording fees incurred in such collection efforts in addition to the unpaid amounts due, plus interest. 3. District Char2es Upon being included within the District, the Rose Ranch Property shall be subject to the provisions of Colo. Rev. Stat. § 32-1-402, including without limitation, all of the taxes and charges imposed by the District and shall be liable for its proportionate share of the annual operation and maintenance charges and the cost of the facilities of the District. Any and all service billings or charges as the same are defined under the District's Service Plan and Rules and Draft Facilities Development Agreement Rose Ranch/RFW&SD Page3 Regulations shall be charged against the Rose Ranch Property on a lot by lot basis solely, upon the delivery thereto of District domestic water service. Article II. Water Treatment Facilities 1. Facilities Development Fee Coincident with the filing with the District of the petition for inclusion identified and described within Article I hereinabove and in lieu of constructing an independent domestic water system for the Rose Ranch Property, Rose Ranch shall deliver to the District: A. the sum of $848,125.00 in Good Funds ("Facilities Development Fee"), which amount is equal to the estimated engineering, permitting, planning and construction costs of the surface water diversion and treatment plant approved for the Rose Ranch Property under the Zoning and Subdivision Approvals; or B. such other form of security to ensure payment of the Facilities Development Fee to the District as may be accepted by the District. A breakdown of the costs comprising the Facilities Development Fee, prepared by High Country Engineering, Inc which has been reviewed and approved by the District's Engineer and is hereby accepted by the District , is attached hereto as Exhibit B and is incorporated herein by this reference. The District agrees that upon the payment of the Facilities Development Fee in accordance with this provision and the dedication to the District of the onsite water storage facilities contained within the Rose Ranch Property, as hereinbelow provided, Rose Ranch shall have fully satisfied all of its obligations and duties relative to the construction and provision of all "wholesale water facilities" in and to the Rose Ranch Property as the same is presently defined within the District's Service Plan. 2. Separate Account Until the entry and recording of the necessary Court order including the Rose Ranch Property within the District the Facilities Development Fee shall be held by the District in a separate interest bearing account established and maintained solely for the purpose holding of said funds. If for any reason the District fails or is unable to obtain the Order or Orders of inclusion identified within Section I hereinabove or if said Order or Orders fail to comply in any material respect with the terms, provisions and conditions of this Agreement, the District shall forthwith return the Facilities Development Fee with all accrued interest to Rose Ranch and this Agreement shall thereafter terminate. Draft Facilities Development Agreement Rose Ranch/RFW&SD Page4 Article III. Water Rights Conveyance to District Coincident with the entry of order(s) of inclusion including the Rose Ranch Property within the District as provided within Article I, hereinabove, but in any event prior to connection of the Rose Ranch Facilities with the District's waterlines as provided within Article IV, hereinbelow, Rose Ranch shall convey to the District by quitclaim deed and appropriate assignment, the water and water rights more particularly described within Exhibit C, a copy of which is attached hereto and is incorporated herein by this reference. The engineering analysis supporting the historic use/consumptive credits provided under the above identified water and water rights as contained within the court approved augmentation plan for the same has been reviewed by the District and the District hereby agrees that said water and water rights are in all respects sufficient to provide domestic water service for up to 471 EQR's and irrigation of up to 6.31 acres as allowed by the Zoning and Subdivision Approvals for the Rose Ranch Property at full build-out. Copies of the above described engineering analysis and court approved augmentation plan are attached hereto as Exhibits D and E, respectively, and are incorporated herein by this reference. Article IV. Connection to District Facilities 1. Procedure for Connection to District Facilities At any time subsequent to the date of inclusion of the Rose Ranch Property within the District and upon notice to the District, Rose Ranch may, subject to the following terms and conditions, connect to the District's water lines in order to receive domestic water service from the District for the Rose Ranch Property. 2. Costs Rose Ranch shall bear and be responsible for all infrastructure costs for connection to the District's water lines and all costs, including its own administrative costs and professional fees in locating and constructing within the Rose Ranch Property the water storage tank, water trunk lines, water service lines and all extension lines to the District's facilities (collectively the "Rose Ranch Facilities"). 3. Plans and Specifications The Rose Ranch Facilities shall be located, constructed and installed in accordance with the District's rules and regulations in effect at the time of said location, construction and installation and all applicable terms, conditions, restrictions and schedules set forth in the Zoning and Subdivision Approvals. Upon completion of the final engineering and design plans for each respective subdivision phase of the Rose Ranch Property, Rose Ranch shall forward the plans applicable to the portion of the Rose Ranch Facilities to be contained therein to the District Engineer, who shall approve or disapprove the plans within thirty (30) days ofreceipt, and whose approval shall not be unreasonably withheld. In the event the District Engineer disapproves of such plans, he shall by written notice to Rose Ranch specifically describe the reasons for his disapproval and the changes necessary to make the plans and specifications acceptable to the District. In the event the District Engineer and Rose Ranch are unable to reach agreement on the required plans and specifications, the parties hereby agree to approach the District Board of Directors for resolution. Draft Facilities Development Agreement Rose Ranch/RFW&SD Page5 A. Rose Ranch Facilities (Phase 1 ). The District acknowledges and agrees that Rose Ranch has heretofore constructed and installed those portions of the Rose Ranch Facilities which are more particularly identified and described within the map entitled ROSE RANCH P.U.D. PHASE 1, OVERALL MASTER UTILITY MAP, ("Master Utility Map") a copy of which is attached hereto as Exhibit F and is incorporated herein by this reference. The District further acknowledges and agrees that the portions of the Rose Ranch Facilities above identified have been located and constructed in accordance with the following identified plans and specifications ("Approved Plans and Specifications") attached hereto as Exhibit G and incorporated herein by this reference, to wit: (I) ROSE RANCH P.U.D. PHASE 1 GRADING AND DRAINAGE PLAN, SHEET 19 OF 80 (6-18-99) (2) ROSE RANCH WATER TANK DRAIN EXHIBIT (4-15-02) (3) ROSE RANCH P .U.D . PHASE 1 MASTER UTILITY WATERLINE UTILITY PLANS, SHEETS 43-49 OF 80 (6-18-99) (4) ROSE RANCH WATER STORAGE TANK, FOUNDATION PLAN AND DETAILS, SHEET S 1 (Undated) (5) ROSE RANCH WATER STORAGE TANK, DETAILS, SHEET S2 (Undated) (6) ROSERANCHWATERSTORAGETANK, WALLANDPILASTERDETAILS, SHEET S3 (Undated) (7) ROSE RANCH WATER STORAGE TANK, WALL SECTIONS AND PILASTER ANCHORAGE PLAN, SHEET S4 (Undated) (8) ROSE RANCH WATER STORAGE TANK, WALL ELEVATION AND DETAILS, SHEET S5 (Undated) (9) ROSE RANCH WATER STORAGE TANK, ROOF SLAB PLAN AND DETAILS, SHEET S6 (Undated) (I 0) ROSE RANCH WATER STORAGE TANK, MISCELLANEOUS DETAILS, SHEET S7 (Undated) (11) ROSE RANCH P.U.D. PHASE 1 WATER LINE AND MISCELLANEOUS DETAIL SHEET, SHEET 67 OF 80 (6-18-99) (12) ROSE RANCH P.U.D. PHASE 1 POTABLE WATER MAIN OFF-SITE PLAN, SHEET 79 of80 (6-18-99) B. Reimbursement of Oversizing Costs. The District acknowledges and agrees that those portions of the Rose Ranch Facilities identified within the Master Utility Map and further described within the Approved Plans and Specifications (POT ABLE WATER MAIN OFF- SITE PLAN), were oversized by Rose Ranch for the sole purpose of providing excess system capacity to allow the extension of District water service to properties lying outside of the Rose Ranch Property ("Benefitted Properties"). The District further acknowledges and agrees that the total cost incurred by Rose Ranch for said oversizing was $109,734.00 as set forth in the cost analysis prepared by High Country Engineering, Inc, attached hereto as Exhibit Hand incorporated herein by this reference and that Rose Ranch is entitled to recoup all such costs from the Benefitted Properties concomitant with the extension of District water service thereto. In accordance with the above, the District agrees that as a condition Draft Facilities Development Agreement Rose Ranch/RFW&SD Page 6 precedent to the inclusion of any Benefitted Property within the District's service area and/or the provision thereto of District water service pursuant to out-of district service contract or otherwise, the District shall collect from the owners/customers of the Benefitted Property and reimburse to Rose Ranch a pro rata surcharge for such oversizing ("Oversizing Fee"), calculated as follows: A x B =C; where: A = the total amount of District water service requested by the Benefitted Properties, expressed as a percentage of the total excess system capacity provided by Rose Ranch; B =the total cost, above set forth, incurred by Rose Ranch in providing the excess system capacity, plus interest on said amount at the rate of eight percent (8%) per annum until paid; and C = the Oversizing Fee The District's collection and reimbursement obligations under this provision shall continue for a period of five (5) years following the date of inclusion of the Rose Ranch Property within the District's Service Area, at which time such obligation shall terminate, unless upon application of Rose Ranch duly approved by the District, said obligation is extended for an additional period of time not to exceed five (5) years. C. Rose Ranch Facilities (Future Phases). Rose Ranch and the District hereby agree that the Rose Ranch Facilities to be contained within future subdivision phases of the Rose Ranch Property shall be located and constructed in substantial conformance with the applicable provisions of the Master Utility Map and Approved Plans and Specifications which have heretofore been reviewed and approved by the District Engineer in accordance with the provisions of this Article IV. The District further agrees that constructed as such, no portion of said Rose Ranch Facilities will need to be oversized or extended to facilitate District water service beyond the Rose Ranch Property. 4. Change Orders. In the event Rose Ranch incurs, during construction of the Rose Ranch Facilities unforseen site conditions or other contingencies, Rose Ranch and its' contractors and agents may propose reasonable change orders to the Master Utility Map and Approved Plans and Specifications and Rose Ranch shall provide the District notice and a copy of the same. Within three (3) days, or such lesser period as may be required under the circumstances ofreceiving notice and a copy of the change order, the District must either approve the change order or propose an alternative which will not result in unreasonable delay. If the District fails to approve the change order or suggest an alternative within three (3) days, Rose Ranch may proceed with the change. All approved change orders, including any change order deemed approved, shall be incorporated into Draft Facilities Development Agreement Rose Ranch/RFW&SD Page 7 and become part of the Master Utility Plan and Approved Plans and Specifications. 5. Inspections. The District shall have the right to inspect at all times the construction and installation of the Rose Ranch Facilities prior to completion and dedication thereof to ensure compliance with the Master Utility Plan and Approved Plans and Specifications. Rose Ranch shall reimburse the District the reasonable actual costs of such inspections. 6. Dedication of Rose Ranch Facilities/Lien Waivers. Following inclusion ofhe Rose Ranch Property within the District and upon the written certification from its engineer that the Rose Ranch Facilities have been constructed and installed in conformance with the Master Utility Plan and the Approved Plans and Specifications and any duly deemed or approved change order(s), Rose Ranch shall dedicate and convey the Rose Ranch Facilities so certified to the District. Rose Ranch shall include with such dedication, reproducible as-built drawings prepared in accordance with the following general requirements: A. A certified survey shall be provided to the District which shall show the location of the Rose Ranch Facilities to permanent physical objects located in the field. All valves, tees, curb boxes, hydrants, storage tanks and other major appurtenances shall be given two swing ties to a physical permanent object in the field. In all cases, the distance from water lines and appurtenance items shall be dimensioned to rights-of-way, easements and property lines; B. All benchmarks used within the Rose Ranch Property to determine water line depth shall be shown on the drawings and shall be based upon U.S.G.S datum; and C. Manufacturer's literature and product data, including catalog sheets and descriptive literature for all materials and equipment used, shall be provided with as-built drawings. The District shall accept such dedication within thirty (30) days thereof, and title to the dedicated facilities shall be vested in the District. Rose Ranch shall also execute a quit-claim deed to the District conveying any interests it has in such facilities, and a bill of sale conveying to the District such facilities, free and clear of all liens and encumbrances. Rose Ranch shall provide the District with lien waivers from all contractors, subcontractors, an material suppliers for work and materials furnished in connection with the facilities conveyed. 7. Warranty. Rose Ranch shall warrant all facilities conveyed to the District for a period of two (2) years from the Dedication Date. Specifically, Rose Ranch shall warrant that any and all facilities conveyed to the District shall be free of any defects in materials or workmanship for two (2) years. Draft Facilities Development Agreement Rose Ranch/RFW&SD Page8 8. Conveyance of Easements/Plat Dedications. Rose Ranch shall, by special warranty deed, in form and substance acceptable to the District, convey to the District the following described perpetual, nonexclusive easements to allow the District to construct, operate, repair, and replace the water service lines and facilities in place or to be constructed therein, free and clear of all liens, encumbrances, and title defects which could defeat the District's title, and any title defects which would affect the District's ability to use each easement for its intended purpose, to wit: A. Rose Ranch Facilities. Perpetual non-exclusive easements extending over and across all those portions of the Rose Ranch Property containing the Rose Ranch Facilities; B. Surface Diversion and Water Treatment Plant Facilities. Easements extending over and across all those portions of the Rose Ranch Property upon which in the future the District may locate and construct surface diversion and water treatment plant facilities. The locations of the easements to be conveyed to the District pursuant to this provision are identified and described within the Master Utility Map and the map entitled ROSE RANCH PLANNED UNIT DEVELOPMENT, ROARING FORK WATER & SANITATION DISTRICT WATER TREATMENT PLANT EASEMENTS ("Water Treatment Plant Map"), a copy of which is attached hereto as Exhibit I and is incorporated herein by this reference. In the course of final platting the future subdivision phases of the Rose Ranch Property, as applicable, Rose Ranch shall cause to be subdivided the properties encompassing the Surface Diversion and Water Treatment Plant Facilities easements described within this Paragraph 8.B., and shall convey by dedication and deed the same in fee title to the District; provided however, that upon such conveyance, if Rose Ranch so requests, the District shall lease back to Rose Ranch or its successor homeowners association at a nominal annual rental fee, the Surface Diversion and Water Treatment Facilities easements/parcels, for so long as the District does not require the use of such easements/parcels to construct District Facilities. C. District Line Extensions. The Following described easements to allow the extension of District service to properties adjacent to the Rose Ranch Property: 1. Sanders Ranch Easement. A perpetual nonexclusive easement extending over and across the Rose Ranch Property in the general location identified and described within the Master Utility Map; and 2. CMC Turnoff Area Easement. A perpetual nonexclusive easement extending over and across the Rose Ranch Property in the general location identified and described within the Water Treatment Plant Map. Rose Ranch shall and hereby does reserve the right to use in common with the District Draft Facilities Development Agreement Rose Ranch/RFW&SD Page9 any easements it conveys to the District for ingress and egress and for all utility purposes not inconsistent with the District's use. The District shall notify Rose Ranch ofits plan to excavate any easements on the Rose Ranch Property, and shall make all reasonable efforts to minimize disturbance to the owner( s) and the user( s) thereof. All easements conveyed or established pursuant to this paragraph shall be and hereby are subject to the obligation of the District to repair and revegetate disturbed areas to a condition and grade substantially similar to that which existed before the disturbance. The District hereby agrees that the conveyance of the easements hereinabove described by Rose Ranch shall fully satisfy and discharge Rose Ranch from any and all future obligation(s) to extend its mainlines for the purpose of facilitating or allowing the extension of District water service to properties situate adjacent to or outside the boundaries of the Rose Ranch Property. 9. Control of Facilities Once conveyed to the District, and subject to the warranty provisions contained within Paragraph 7 .hereinabove, the District shall be solely responsible for the operation, maintenance, repair, and replacement of all facilities and easements on the Rose Ranch Property which are dedicated to the District. The District shall at all times operate the district facilities in an economical manner, and shall make repairs and replacements to assure continuous operation. 10. Release of Security Completion of construction of all facilities required to be constructed on the Rose Ranch Property under this Section shall be secured under the Subdivision Improvements Agreements to be executed by Rose Ranch with the County instant to the filing of final plats within the Rose Ranch Property. Rose Ranch hereby covenants and agrees that prior to seeking from the County, any release or reduction of such security, Rose Ranch will first obtain written consent for the same from the District, which consent shall not be unreasonably withheld by the District. ARTICLE V. Calculation of Tap Fees 1. Tap RiKhts. The right to receive one EQR of domestic water service from the District's facilities shall be known as a "Tap Right". Following inclusion of the Rose Ranch Property within the District and upon receiving payment from Rose Ranch of the Facilities Development Fee, the District shall transfer to Rose Ranch in the form of prepaid "Tap Fees" tap rights for the 322 residential units, golf course clubhouse and recreational facilities to be constructed within the Rose Ranch Property which Tap Fees shall be deemed to be appurtenant to the Rose Ranch Property; provided however, that the the total Tap Right demand for the Rose Ranch Property shall not exceed 471 EQR's, as hereinabove defined. 2. Determination of Tap Fees. The Tap Fee charged for each Tap Right shall be equal to the sum of: Draft Facilities Development Agreement Rose Ranch/RFW&SD Page JO A. An amount as established from time to time by Rose Ranch in its sole discretion, which shall be based upon the actual costs incurred or reasonably estimated to be incurred by Rose Ranch under Article II. and III., hereinabove, prorated on a per EQR basis, plus interest, which interest rate shall not exceed twelve percent (12%) per annum. Rose Ranch shall establish the Tap Fee to be charged to lot owners within the Rose Ranch Property prior to the sale of any lots within the same and shall provide notice of the amount of such tap fee to the District. Thereafter, Rose Ranch shall be entitled to adjust the Tap Fee to be charged owners within the Rose Ranch Property no more than twice annually and shall provide written notice of such modified tap fee to the District no less than twenty (20) days prior to the date any such change is to be implemented by the District; and B. An amount ("Capital Reserve") to be established by the District at its sole discretion which amount shall be based upon the estimated required future capital repair/replacement costs to be incurred by the District instant to the continued operation of the water treatment and distribution facilities. This amount shall be applied uniformly against all Tap Rights issued to properties within the District's boundaries. 3. Collection of Tap Fees. Rose Ranch shall collect from the owner(s) of any property(ies) located within the Rose Ranch Property requesting District water service the applicable Tap Fee(s). Forthwith upon the receipt of the Tap Fee(s) payment, Rose Ranch shall forward to the District, written confirmation acknowledging receipt of such payment and the portion of the Tap Fee payment owed to the District for the Capital Reserve, hereinabove described. Article VI District Service Conditions 1. District Service Conditions The District's obligations to provide domestic water service to the Rose Ranch Property shall be expressly conditioned upon the satisfaction of the following conditions: A. the Rose Ranch Property is included within the District pursuant to the provisions of Article I., hereinabove; B. Rose Ranch provides payment to the District of the Facilities Development Fee or other acceptable security required under Article II., hereinabove; C. Rose Ranch conveys all required water and water rights to the District as provided under Article III., hereinabove; D. Rose Ranch completes construction of all Rose Ranch Facilities, including Draft Facilities Development Agreement Rose Ranch/RFW&SD Page 11 the water storage tank, necessary to connect the existing District Facilities the Lot or other portion of the Rose Ranch Property requesting District water service; E. The District receives from Rose Ranch written confirmation that Rose Ranch has received payment for all Tap Fees applicable to the Lot or other portion of the Rose Ranch Property upon which District water service is to be provided; and F. The District receives from Rose Ranch, as to each Lot or other portion of the Rose Ranch Property upon which District water service is to be provided, payment of the Capital Reserve . Article VII. Irrigation Water Except as hereinbelow provided, Rose Ranch agrees that the use of the District's potable domestic water system within the Rose Ranch Property for outside irrigation shall be prohibited and that the water for all such outside irrigation shall be provided by and through a raw water delivery system to be constructed by Rose Ranch and operated by the homeowners association for the Rose Ranch PUD. Given the financial and other hardships that would be incurred in extending the raw water deliver system to all of the Lots contained within the Rose Ranch Property and the irrigation restrictions presently in place under the Zoning and Subdivision Approvals, the District has found that as to certain portions of the Rose Ranch Property, a waiver of the general prohibition against outside irrigation is justified and warranted. In accordance with this finding, the District agrees that the following identified Lots of the Rose Ranch Property shall be allowed to use the District's domestic water system for outside irrigation use so long as to each such Lot said irrigation does not exceed what is reasonably necessary to maintain a maximum of five-hundred (500) square feet of lawn, to wit: Rose Ranch PUD. Phase 1. Lots 140 through 149. Rose Ranch PUD (Future Subdivision Filings). Duplex Lots 186 -209 and 220 - 229. Rose Ranch acknowledges and agrees that the above described water use limitations and restrictions shall constitute a burden running with the title to the above described portions of the Rose Ranch Property and shall be deemed to benefit and run with the title to the properties held by the District, shall be binding upon the owners thereof, their successors and assigns and shall not be transferred separate or apart therefrom. Draft Facilities Development Agreement Rose Ranch/RFW&SD Page 12 Article VIII. Dispute Resolution In the event the parties are unable to agree upon any matter addressed within this Agreement, each party shall select an engineer to represent its interests. The selected engineers shall then appoint an engineer, who shall provide a determination upon the matter in dispute. In the event this process of dispute resolution fails, the parties agree to resolve such dispute by arbitration in accordance with the rules and regulations of the American Arbitration Association then in effect. The determination of the arbitrator shall be final and conclusive and judgment may be entered upon such determination in accordance with applicable law in any court having jurisdiction thereof. Article IX. Compliance with Rules and Regulations Upon inclusion of the Rose Ranch Property within the District and subject only to the terms and provisions of this Agreement, Rose Ranch and Lot owners or customers within the Rose Ranch Property shall be bound by and comply with the District rules and regulations applicable to properties within the District as the same may be amended from time to time, except as the same may be expressly modified or superseded hereby. Article X. Audits, Reports and Inspections The District shall maintain the records, accounts, and audits required by statute or which would be kept under normal business practice, and copies of such records shall be provided to Rose Ranch upon request. The District shall have the right to inspect the facilities located upon the Rose Ranch Property as provided in the District's rules and regulations, and Rose Ranch shall, upon notice to the District, have the right to inspect the District's wells, water treatment facilities and other appurtenant facilities. XI. General 1. Termination This Agreement shall be in full force and effect until terminated by mutual agreement by the parties hereto, or as provided by law. 2. Good Faith Because of the need for a regional domestic water service in this area, the parties agree to proceed in good faith with the implementation of this Agreement. 3. Service Plan Inte~ration This Agreement and its Exhibits shall be incorporated in the District's Service Plan, as though set forth there verbatim. 4. Compliance with State and Federal Law. This Agreement shall not be construed to be in violation with the laws of the United States or the State of Colorado, not in any manner Draft Facilities Development Agreement Rose Ranch/RFW&SD Page 13 which adversely affects or diminishes the financing capabilities of the District. 5. Enforcement: Specific Performance In the event of any material failure by either party hereto to comply with the terms of this Agreement, the other party shall have standing to bring suit to enforce compliance herewith. Furthermore, in the event of a breach of this Agreement , the non-breaching party may seek all remedies available at law or equity, including specific performance. 6. Non-Mere;er Each party's obligations under this Agreement shall be assignable to any grantee, purchaser, transferee, or assignee of the party's interest, and shall survive any such conveyance, purchase, transfer, or assignment. 7. Covenants: Recordine; The provisions of this Agreement shall constitute covenants running with the lands affected thereby, and upon execution this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder. 8. Attorneys' Fees Each party shall bear its own attorneys' fees incurred in the negotiation, execution, and implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the parties to this Agreement, as between themselves, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and costs of suit actually incurred . 9. Complete Ae;reement: Amendment This Agreement constitutes the entire and complete agreement between the parties, and any modification or amendment hereto shall be evidenced by a writing signed by the parties. 10. Bin dine; Effect This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors, grantees, and assigns. Nothing herein shall prevent Rose Ranch from selling his property and the benefits of this Agreement shall be appurtenant to the property conveyed. 11. Authority Each person executing this Agreement represents and warrants that he has been duly authorized by the party which he purports to represent to execute this Agreement, and has authority to bind said party to the terms and conditions of this Agreement. 12. Governine; Law This Agreement shall be construed under the laws of the State of Colorado. 13. No Waiver No provision of this Agreement may be waived except by an agreement in writing signed by the waiving party. A waiver of any term or provision shall not be construed as a waiver of any other term or provision. Draft Facilities Development Agreement Rose Ranch/RFW&SD Page 14 14. HeadinKS The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof, as they have no substantive effect, and are for convenience only. 15. Severability If any part or section of this Agreement shall be found void or invalid by a court of competent jurisdiction, such finding shall not affect any remaining part or section, and said remaining parts or sections shall continue in full force and effect. The parties shall renegotiate in good faith any matter addressed by a part or section that is found void or invalid. 16. Notice All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit postage paid in the United States Mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to: With copy to: Notice to: With copy to: Roaring Fork Water & Sanitation District 9929 Highway 82 Carbondale, Colorado 81623 Lawrence R. Green Balcomb & Green P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 L.B. Rose Ranch, LLC c/o J. Thomas Schmidt 1007 Westbank Road Glenwood Springs, Colorado 81601 Timothy Allen Thulson Balcomb & Green P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 Tel: (970)945-6546 Fax: (970)945-8902 IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals on the dates hereinbelow set forth. Draft Facilities Development Agreement Rose Ranch/RFW&SD Page 15 ATTEST: Secretary STATEOFNEWYORK ) ) COUNTY OF NEW YORK ) LB ROSE RANCH LLC By __ __!::d:::::t:[l-:::;;jjjjiiit::::==::::=:::--s:.=:::=-...~ Marguerite M. Brogan, authorized signatory' ROARING FORK WATER & SANITATION DISTRICT The foregoing ROARING FORK WATER AND SANITATION DISTRICT LB ROSE RANCH LLC PRE-INCLUSION AGREEMENT was acknowledged before me this \cl_t....day of i)eeeMbev' , 2002, by Marquerite Brogan as authorized signatory for LB Rose Ranch LLC, a Delaware limited liability company. Witness my hand and official seal. · otary Public My commission expires: PAMELA KAN E Notary Public, State of New Yor~. ReglstratiaA # 91 l<A60 43526 Qualified in New York county My Canmission Exjires .hJne 19, _ ~ o~ lo Draft Facilities Development Agreement Rose Ranch/RFW&SD Page 16 SEND ~97.37 ~mm 412.32 ;ii &! ----"" ~ Ill e MH 12 N 1.3642,36 ~~~~~E:1°"55;:!'9~4.~os~~ ~o '-''. 6 • '" I , v ' l l I ~ ., -- MH --1 \ \ ---~--··-~-·-- -- ---- TATION --- I 6 \ \ L - -- -l I 4 I I I I L-- ROBERTSON DITCH DIVERSION INTO W.T.P. OR SETIUNG POND 3-8" VALVES FOR RAW WATER CONTROL TO WATER TREATMENT PLANT WATER TREATMENT PLANT (SEE DETAILS SHEETS Wl.O -W1.10) / / / I ,, "'---168 L.F. s• DI)(, /')I / / / 6 IJ--6 ~6 .,,_, ..,_,..p.,_ ,1' / ,=U!L..l=f1(:;. // , PIPING FOR DIVERSION M VER OR ROBERTSON Di H, T W, T.P OR SEThlNG PO FRO SETIUNG POND TO W, , • O" DIP FROM FILTERS BACKWASH PONDS 33 l..F. 3 Y PUMP STATION/ RA WATER INTAKE . . . I I I .. I I I I H--1 I I I I I I I I/ I' I ,--~-\hi- I BACKWASH I \ PONDS I \ 1---- L __ -~ LOT 61 LOT 2~ • OTE: .c:_ !TUB FOR POSSI~ FIRE RO IECTION JO' E~ . IDE OF' 1J.it'" RIVER LOT 56 LOT 38 SETTLING PONO INTAKE "-+_.:..A::.:N:::_D OUT-T_A_KE-T---/ LOT 41 I / < MH 30 . LIFT STll'llON 12 SEE DETAIL SHEET LOT " I'" I " ( " " I v L I f 25 '-< " I I \ ' \ ' ____ ::::,,..._ ·-··--·---- ;-....] :;t,~~~73 -~7------------ m~r-T-£ •·S20'""'4.7.,..i5-;y / -=-MH~::---·-;·--·--········ --. ·----·----· ' FIRE HYDRANT 1SEMBL Y N 15088.79 -)LOT 23 -----....;--- ~E HYDRANT ASSEMBLY/ ·~~ /--'------- \ \ ) GRAPHIC SCALE 30 60 120 240 ~~~! ~1 __ , ____ , ( IN FEET ) I inch ; 60 ft. NOTE: 1. ALL WATER AND SEWER LINES INSTALLED ABOVE THE ROBERTSON DITCH SHALL HAVE MEGA-LUG, OR APPROVED EQUAL, JOINT RESTRAINTS INSTALLED FOR ALL PIPE JOINTS AND FITTINGS. 2. OVER-EXCAVATION IS REQUIREO FOR UTILITIES SHOWN BELOW THE ROBERTSON DITCH. SEE "OVER-EXCAVATION TABLE" ON SHEET 66. LEGEND --- -_..;;;;;;-ppifiR05FPiDOSSEEDOFRIT11GiHHT=T-:CoW::f-'WAY LINE ---0--- -10 'J--11) ---a ...,__a ,_,__a v----s:i --- --RW -RW-RW- -ws -WS -WS- ~v 'IN ~ ~,; • @ ® @ PRV ~ * PROPOSED ELECTRIC, TELEPHONE ANO CABLE PROPOSED OAS PIPE 10" DUCTILE IRON WATER MAIN 8" DUCTILE IRON WATER MAIN SEWER PIPE -8" SOR-JS FORCE MAIN PROP RAW WATER MAIN PROP WATER SOURCE AIR RELEASE VALVE ASSEMBLY PROPOSEO GATE VALVE EXISTING GATE VALVE FIRE HYDRANT ASSEMBLY ELECTRIC VAULT AND TELEPHONE/CABLE PEDESTAL FORCE MAIN MANHOLE/ CLEANOUT SEWER MANHOLE PRESSURE REDUCING VALVE VAULT SEWER SER\llCE WATER SER\llCE ROSE RANCH P.U.O. KEYMAP >-,_ (Il [!:; w N I-0 <( ' .,. Cl N ' - 0 z - I-(/) (L ::; w J: vi w 0:: Cl D "' 0 u I 0:: -I') 0 I "' w :.: I- <( 0 0 ..... w (/J z J§ ::i Q. Q. Q~ ~ ..J o.. F :c ::> 0 a: z~ ~ co w< ~~ a: :::> ::; I I- _J :::> co (/) -;{ w _J c;: PROJECT NO. 97042.05 SHEET 48 OF 80 WATER MASTER UTILITY MAP ,. ----___,. __ _ LEGEND PftOPOS[D RtGHT-Of-WAY NIO LOT LfllE 8' OJ.II. WAlUUrfE lfSTM.UD 10• OJ.P. WA'JDUrilE INSTM.UD 12· OJJI, WAlUUrfE IHSTAU.m 8" DJ.P. PACPOSED WA1EJUrCE 10' O.LP. PltCPQS[I) WAlEJUrCE 5• PVC CICIO rOftC! MAUI ..;TAU.ED 4 ... PVC CIOO F~ WAIN PROPOSED tr 5DR 32..5 'l'EUOWMIN£ sofrt PIPE INSTAUm r SOR 35 SDQll.lil[ PftOflQS[O PAOPOSm ARE HYORAHT ~y PROPOSED SllO .-.: I ---------------"] -:::------------~,-~J RMR r I / / / J -- / / / / / / / / / / / HA'ltHED L01S AU-.i 'I0-1E11£ DIUIVAl!NT "' llGO SF. "' LA• QUT "' 11£ OCMIS'llC WA11R SmDI I _J 1. AU N'IHG NOTED AS IHSTM.lfD OH lHIS ORAWJNC WAS ~STALUD 1\1 lHE FALL OF 2001. BY GCIJlD CXllSTitUCnCIN. '-------• 2. AU OUC:U: ltOH PIPE (O.LI'.) ABO\€ (WEST) CE' 1ME ROllOtTSOH OITCH WAS tHSTAUE> U51HC I "TIEU> LOC-GASIC£lS. WE<rA-WG lt£S1RAllTS AT BENDS NIO THRUST lll.OOCS AT IOtOS. 3. AU SNITARY SOER PIPE ttSTALUD MMM: (1liEST) OF lHE ROBERTSON DITai WAS l ~ USING SOR 32.5 PYC ~ PFE. 'M1H SOLVENT 1E..D sa> 40 WVES AT t 4. 1Ht PlltF'OSE aF 'MS DftAWNG IS TO PltOW>E AH OVDIAU MASTIR U'llJTY Pl.NI FOR ROSE J ltANCJt P.U.O. fU1URE PHASES OF OCSIGH AHO CONSTRUCllC»I 5HCUlD NOT VARY FROM lHE IHlOfT OF MS DRA..C. ROSE ftANQf HAS '1tO~OED ACCESS PGlfTS rmt fU1URE CONNEClkllS TO MS SYS1EM. IT IS 1HE R£SPONSIBIJTY OF THE DISTRICT AMO OTHERS TO I PROWi£ PH'tSICAL ~ECTIClll TO lHQS( PGlfTS DlJ1\.DIED ON THE OAAWllNC. 5. AS PAIT 01 THE lLAK MlnGAllCIN ~ ROSE RNtCH -.L. BE R£SPCIHSIU fClt Nl\M. lESTIHG 01 AU WATERUNES Af1ER AU stw1.0W Ul1Jl1D ARE IN PLACE. A SECQrl) 1[Sl -.L tmm£ 1HERE Alt£ HO L£NCS tt lHE sYSml. I Ill[ CDldl\L1ED CIH 1HE SmDI YIHICH WEASl.RS TN« CltAWDO'Mt •nt AU TAPS CLDS[D. TO ! 6, A SET (I RECORD DRAWMCS SHALL BE atEAlEO AHO PRCNDO> 10 ntE OISlRtCT camnwa lHE ACOIRAlt ANO CORRECT PLACOIDIT OF WATER NCI SE'CR VTlJ11ES Af1ER COHSTRUC:lJCIN IS CGNPICTE. I I I I I I I I I I 7. !..PON CCMPt£11CIH or CC»fS'JRUC'IKlt A SllE PLAN Clf lHE WAltR TANK SHAU. BE PROWl(D TO lHE DtS1ltlCT OU1UNING PLACOIOIT Oii VALVES. PPWC. DfUrlNAC[. ROADS. nc.·CIH 1HE STE. 10. ROS[ RANCi SHAU. PRCMDE 1WO SAMPUNG TAPS II lHE c:oERAL. LOCAllOHS SHOWN OH ltflS W>#. II. ROSI. RANCi TO PRO\C>E "DUEi'. PHASE POIO IN 1HE STREET N£AREST TO lHE WATER TREATWOfT PLAHT SITE (RIVER EDCC AOAO) FDft FVlURE USE BY lHE P\.AHT. GRAPHIC SCALE "' I ~--i ~-i i ( lllrnT} 1•h-230rt. - i L~~~~~----~-~--~--~~-----~--~---- I I I ~~ I ' .. m 0 z PROJECT NO. 2000075.02 SHEET ~2 OF 80 I 0 ENT ? -JB'S5'1e· R • 232.7(/ l -1.51!l.08' T• U .2.2' C8 • N51"47'11•E c -1.55.05' l. -2•io•31· I • 470.00' · -100.es· . -19!1.31' : -1116.14' :S-541"24'10'[ ------ GOLF COURSE PARCEL/ PHASE 1, T'IP. PHASE 1 GOLF COURSE PARCEL 6 ------ ROSE RANCH P.U.0. ICE'IMAP FUlURE DEVELOPMENT PHASE ~ 1,~~A~1-- ------- -----------~--------------;p--~ - ---~~=~ /~50· ROCKY MOUNTAIN NAlURAL GAS ·.- ~ COMPANY EASEMENT. SEE SHEET 2 Of 8 \ \ BOOK 950. PAGE 728 & BOOK 938, PAGE 139 PHASE 1 GOLF COURSE PARCEL 6 \ \ \ 'ii?.".~/- \'\ \\\;i •' •' .· / ' ~~\ ~/·~ 20' PEDESTRIAN ill: BICYQ.£ PA lH EASEMENT / --· -·· .-... PHASE 1 BLOCK 1 93.,819 SF+/- 2.149 AC+/- ~\, GOLF COURSE PARCEL~ • PHASE 1. T'IP. PHASE 1 GOLF COURSE PARCU 6 0. -43-ss·22· R • 550.00' T • 221.88" l -421.11' c -411 .Sl' C8•Nl41n'l.rE PHASE 1 TAMORA DRIVE ~HT Of WAY 49.580 ~+/- .-1.138 AC+/- ' \ } /; EXHIBIT ROSE RANCH PLANNED UNIT DEVELOPMENT, ROARING FORK WATER AND SANITATION DISTRICT .-WATER TREATMENT PLANT EASEMENTS FUTUR~~fillgt"MENT I , _ ~'U21' ,_,... L • l4.1 .. T • 1L'1' I I I ./ !1~ i'~ I 't ... ~:;is·.nc: I / / ....... ~·"' Jf•Mil"W lt•35.00' L • 33.77' f • 1L3J' ca. SJ2')7'01"•. c -JZ,f7" FUTURE DEVELOPMENT PHASE 3 1,183.19 Sf+/- 27.161 AC+/- / ·' .. ..... ,,---- SHEET 1A ~--.-- GRAPHIC SCALE ·~._; i ... i I --(Ill PEET) l iDch -100 rL M'.~0 LINE 100 ~ FLOOD UNE -----.... .--·------ ----- .. I HIGH COUNTRY E~GINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS. COLORADO 81601 (970) 945-8676 1 · ( I llllll lllllJlllll lllll llllll Ill lllllll Ill lllll llll.1111 . . .. (p tf6 . , .. 569193 09/11/2000 05:09P B1206 P640 M ALSDORF 1 of 22 R 110.00 D 0.00 GARFIELD COUNTY qo ROARING FORK WATER & SANITATION DISTRICT ROARING FORK INVESTMENTS, LLC PRE-INCLUSION AGREEMENT ........ .... . ... ~/. THIS PRE-INCLUSION AGREEMENT is made and entered into this ,ke"'~day of Fsl:Jruary, 1999 by and between the Roaring Fork Water & Sanitation District (fonnerly the "Aspen Glen Water & Sanitation District"), a Colorado special district, whose address is 9929 Highway 82, Carbondale, Colorado 81623 ("District"), Roaring Fork Investments, LLC whose address is 19555 E. Mainstreet, Suite 200, Parker, Colorado 80138 ("Roaring Fork") and the Board of County Commissioners for Garfield County, Colorado ("County"). WITNESSETH WHEREAS, the District is a special district, formed and functioning under authority of C.R .S. §§ 32-1-101 et. seq. (West Supp . 1998) and the District's "Service Plan" ordered and decreed by the Garfield County District Court in Case No. 94CV29, providing water and sewer service in Garfield County, Colorado; and WHEREAS, Roaring Fork is the owner and developer of that real property located in Garfield County, Colorado, more particularly described in Exhibit A attached hereto and incorporated herein by this reference ("Rose Ranch Property"), which real property Roaring Fork desires to have included within the District's boundaries in order to receive sewer service from the District; and WHEREAS, instant to future possible expansions and/or extensions of the District's sewer treatment facilities, the Rose Ranch Property has been deemed under the District's Service PlAn to constitute, "[r]eal property capable of being served by the facilities of the District..." as that phase is used in C.R.S. § 32-1-401, for purposes of the inclusion ofreal property within a special district; and WHEREAS, as provided by the OUT-OF-DISTRJCT SEWER SERVICE AGREEMENT ("Out-of-District Contract") executed by the District and the prior owner of the Rose Ranch Prope1ty, the District is obligated to provide sewer service to the Rose Ranch Property upon the terms and conditions contained in such Out-of-District Contract; and WHEREAS, under the Annexation Policy set forth within the District's Service Plan and the provisions of the Out-of-District Contract Roaring Fork may, in lieu ofreceiving District sewer service under the terms of the Out-of-District Contract, petition to have the Rose Ranch Prope1ty included within the boundaries of the District. pursuant to C.R.S. § 32-1-401 et. seq. and RECEIV~D AUG , 0 6 1999 . ... •'I ... ,· ... ·:·.'"' GARFIELD COUNTY ·.:·~· .· ' .. : . -~~ .. PLANNINGJ~EPAATMENT . ·--.::::z. .. _\ 109 BTH ST. • SUITE .. 303 . . . GLENWOOO SPRINGS, CO 81601 ., ·. r I llllll lllll llllll lllll 11111111111111111111111111111111 569193 09/11/2000 05:09P 81206 P641 M ALSDORF 2 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO WHEREAS, Roaring Fork has received from the County, plaimed unit development zoning approval ("PUD") for the Rose Ranch Property for 292 residential units, a golf course, club house and attendant recreational facilities, which approval is set forth within Resolution No. 98-80, issued by the County and filed for record, in the Office of the Clerk and Recorder for Garfield County, Colorado on 09-Sep-98 at Book 1087, Page 862 as Reception No. 531935. It is presently estimated that at full build-out under the above stated PUD approval, the Rose Ranch Property will require sewer service from the District in the total amount of 324 EQR's, with one EQR representing 300 gallons per day (gpd) calculated in accordance with the District's Service Plan; and WHEREAS, Roaring Fork has filed with the County a combined application for PUD amendment and preliminary plan, seeking zoning and subdivision approval for an added density of thirty (30) residential units, for a total of 322 residential units on the Rose Ranch Property. It is presently estimated that at full build-out under the amended PUD, if approved, the Rose Ranch Property will require sewer service from the District in the total amount of 354 EQR's ("Maximum Service Demand"); and WHEREAS, the District's wastewater treatment plant ("Treatment Plant"), as presently designed and constructed, has the capacity to provide service to 106,800 gpd of total sanitary sewer flow, (or approximately 356 EQR's as defined in the District's Service Plan) and although unused treatment capacity presently exists in the Treatment Plant all of such unused treatment capacity is presently committed to previously approved developments within the District's ( boundaries. Therefore, the Treatment Plant will need to be expanded to accommodate the Maximum Service Demand of the Rose Ranch Property; and WHEREAS, the District's Service Plan and the Treatment Plant design provide for the constmction of treatment capacity expansions in increments or ph~ses of 106,800 gpd or approximately 356 EQR's per phase; and WHEREAS, Roaring Fork is required under its PUD approval, to: [s]ecure a firm commitment of adequate sewage treatment, as well as an agreed method of financial security, from the Roaring Fork Water & Sanitation District through [sic] committed number of taps for the project to be guaranteed at preliminary plan; and WHEREAS, Roaring Fork has agreed, consistent with the Annexation Policy of the District and the conditions of Roaring Fork's PUD approval, to provide to the District the financial security in the amount presently estimated as necessary to fund the expansion of the treatment capacity of the Treatment Plant in the amount required to service the Rose Ranch Property at is Maximum Service Demand. For purposes of this agreement the term Plant Draft Pre-inclusion Agreement Rose Ranch!RFW&SD Page2 ( 1111111111111111111111111111111111111111111111111111111 e69193 09/11/2000 05:09P B1206 P642 M ALSDORF 3 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO Expansion shall hereinafter refer to the expansion of the Treatment Plant capacity above referenced; and WHEREAS, C.R.S. § 32-1-401 et. seq. and the District's Service Plan provide requirements and procedures for the annexation and inclusion of property into the District, and specifically, C.R.S. § 32-1-402(1)(c) provides that agreements may be entered into, "[b]etween a board and the owners of property sought to be included in a special district with respect to fees, charges, terms and conditions on which such property may be included."; and WHEREAS, C.R.S. §§ 31-1-IOOl(l)(d) and 31-35-402(1)(f) authorize the District to require reimbursement of its out-of-pocket costs in providing services to the District's customers, including but not limited to, sewer connections, inclusions to the District and planning and review of line extensions; and WHEREAS, the District and Roaring Fork desire to set forth the provisions pursuant to which the Rose Ranch Property will be included within District's boundaries and pursuant to which sewer service will thereafter by provided to the Rose Ranch Property by the District. NOW THEREFORE, for and in consideration of the mutual covenants and promises of the parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged and confessed, the District and Roaring Fork, on behalf of themselves, their successors, assigns, heirs, devisees and/or transferees, agree as follows: Section I. Inclusion/ Exclusion of Rose Ranch Property 1. Inclusion of Rose Ranch Property within District. No later than two (2) years from the date of the execution of this Agreement, Roaring Fork shall file with the District pursuant to C.R.S. § 32-1~401, a petition to have the Rose Ranch Property included within the Service Area of the District. For the purpose of interpreting this provision, Roaring Fork and the District agree that the Rose Ranch Property shall be included within the District pursuant to a single filing with District--it being the expressed intent of the parties that the Rose Ranch Property be included within the District in its entirety in a single proceeding, as opposed to multiple proceedings addressed to portions or phases thereof. Upon the District's receipt of such petition for inclusion, the District shall perfo1m all necessary steps required thereunder to include the Rose Ranch Property within the District, including, but not limited to, the holding of the necessary public meetings as required by statute, and, if the Petition is granted, obtaining an Order of inclusion from the Garfield County District Court and filing and recording said Order with the Garfield County Clerk and Recorder, the Garfield County Assessor and the Division of Local Govenunent. Draft Pre-inclusion Agreement Rose Ranch/RFW&SD Page 3 ( 2. 3 . 4 . 1111111111111111111111111111111111111111111111111111111 569193 09/11/2000 0e:09P B1206 P643 M ALSDORF 4 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO Reimbursement of District Costs. Roaring Fork shall reimburse the District all actual costs incun-ed by the District relating to the inclusion of the Rose Ranch Prope1iy within the District including all engineering, legal, inspection, filing or recording fees and related expenses, on receipt of itemized billings for those services from the District. All such amounts shall be due within thirty (30) days of the date of the bill, with interest on any overdue amounts to be assessed at one percent (1 %) per month. In the event the District is forced to pursue collection of any amounts due and unpaid under this provision, it shall be entitled to collect attorney fees, filing and lien recording fees incun-ed in such collection efforts in addition to the unpaid amounts due, plus interest. Provision of Water Service. Under the terms and conditions of the District's Service Plan as presently approved, the District may not provide domestic water service to properties outside its initial boundaries (i.e., the Aspen Glen PUD), either through annexation or contract, without first obtaining approval for a modification of its Service Plan. The District therefore finds that under the terms of its existing Service Plan it is infeasible and impracticable, and contrary to the good of the entire district, to extend the District's water lines and facilities to the Rose Ranch Property for the purpose of providing domestic water service thereto, or to assume any management or administrative duties or responsibilities relating to the provision of domestic water service to the Rose Ranch Property. In accordance with the above, and pursuant to C.R.S. § 32-1-1006 (I)(b)(I), the District hereby designates the Rose Ranch Property as a sewer-only area of service. The designation of the Rose Ranch Property as a sewer-only area of service shall remain in effect until such time as the District, acting within it jurisdiction and authority as provided by law, finds by resolution that it would be feasible and for the good of the entire District to extend its water lines to the Rose Ranch Prope1ty for the purpose of providing domestic water service thereto. The parties acknowledge and agree that the District may not make such finding until and unless (i) the District and Roaring Fork enter into a separate agreement for the provision of domestic water service to the Rose Ranch Property upon terms and conditions acceptable to the District; and (ii) the District obtains the necessary approval of a modification to its Service Plan to allow the extension of water lines to the Rose Ranch Property and the provision of domestic water service thereto. District Charges. Upon being annexed within the District and pursuant to C.R.S. § 32-1- 402( 1 )( c ), the Rose Ranch Property shall be , subject to the .following limitations, liable for its proportionate share of the taxes and charges to be assessed by the District: A. consistent with the District's designation of the Rose Ranch Property under Paragraph 3. of this Section, and until such time as such designation may be revised, all such taxes, rates, tolls and/or charges assessed against the Rose Ranch Property shall be determined in accordance with the amount of charges and costs Draft Pre-inclusion Agreement Rose Ranch!RFW&SD Page4 ( 1111111111111111111111111111111111111111111111111111111 569193 09/11/2000 05:09P B1206 P644 M ALSDORF 5 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO B . incurred by the District relating solely to the provision by the District of sewer service to the Rose Ranch Property; and any and all service billings or charges as the same are defined under the District's Service Plan and Rules and Regulations, shall be charged against the Rose Ranch Property on a lot by lot basis solely, following the delivery thereto of District sewer service. Nothing in this subparagraph shall be construed to prohibit the District from assessing stand-by charges to lots within the Rose Ranch Property so long as the District's sewer lines have been extended to the Rose Ranch Property and the District assesses stand-by charges to all property within its boundaries. 5. Exclusion of Rose Ranch Prope1ty. In the event Roaring Fork and/or the District are unable to satisfy the conditions set forth within this Agreement and/or are otherwise unable to satisfactorily perform thereunder, Rose Ranch shall, pursuant to C.R.S. § 32-1- 501(1), file with the District a petition to have the Rose Ranch Property excluded from the District. Upon receipt of such petition by Roaring Fork, the District shall pursuant to C.R.S. § 32-1-502(4), exclude the Rose Ranch Property from within the District and this Agreement shall terminate without further action being required of the parties. The provision thereafter by the District of sanitary sewer service to the Rose Ranch Prope1iy shall be governed exclusively under the terms and provisions of the Out-of-District Service Contract incorporated within the Service Plan as Exhibit L. Section II. Treatment Plant Expansion Payment 1. Financing for Plant Expansion. Following inclusion of the Rose Ranch Property within the District pursuant to Section I. hereof, and for the purpose of securing financing for the costs of constructing the Plant Expansion, Roaring Fork shall provide to the District: A. a cash payment totaling $657,580, which amount is equal to the estimated costs instant to the permitting, planning and construction of the Plant Expansion set fo1ih and certified by the District Engineer on Exhibit B attached hereto and incorporated herein by this reference; or B. such other form of security as may be acceptable to the District and the County, in the amount set forth in Paragraph l .A. of this Section. 2 . Timing. Roaring Fork shall provide the financing required under Paragraph 1. of this Section, coincident with or prior to recording within the public records of Garfield County, Colorado, the first subdivision final plat for any property within the Rose Ranch Property. Draft Pre-inclusion Agreement Rose Ranch/RFW&SD Page5 ( 111111111111111111 1111111111111111111111111111111111111 569193 09/11/2000 05:09P 81206 P645 M ALSDORF 6 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO 3 . Separate Account. All funds paid by Roaring Fork under this Agreement for purposes of Plant Expansion shall be deposited by the District in a separate interest bearing account to be maintained exclusively for the purpose of paying all costs instant to the pennitting, planning and construction of the Plant Expansion. Said funds shall not be withdrawn by the District or pledged by the District as security for any project or activity not relevant to the purpose above stated without the prior written consent of Roaring Fork and the County. Section III. Construction of Plant Expansion 1. Project Control. The District shall have exclusive control, authority and responsibility over all matters related or pertaining to the permitting, planning and construction of the Plant Expansion. 2. Report of the District Engineer. Prior to incurring any costs toward the permitting, planning or construction of the Plant Expansion, the District shall provide to Roaring Fork a report prepared by the District Engineer updating all costs related to said permitting, planning and construction. It is expressly acknowledged and agreed that the updating of cost required hereby shall consider and assess against Roaring Fork, if applicable, a pro- rata share (with existing users of the District's facilities) of any increased or advanced wastewater treatment plant technology that is required as a result of more stringent discharge parameters, together with a pro-rata share of plant improvements that benefit the entire District and not just the Rose Ranch Property (e.g., sludge de-watering, mechanical bar screen). In the event the updated costs exceed the estimated costs set forth in Exhibit B attached hereto, the District Engineer shall include within his report, a written justification supporting such cost increases. Roaring Fork shall reimburse to the District within thirty (30) days of its receipt of the same, all reasonable costs and expenses incurred by the District in preparing the District Engineer's report. 3. Objections to the District Engineer's Report. Within thirty (30) days of its receipt of the District Engineer's report of updated costs, Roaring Fork may provide written notice to the District of the objections of Roaring Fork, if any, to the costs set forth therein. Ifno objections are made within this time period, Roaring Fork shall be deemed to have accepted the District Engineer's report and all the costs set forth therein. If Roaring Fork provides written notice of objections to the District pursuant to this provision, the District shall, within fifteen (15) days of its receipt of the same, establish a date, time and location for a joint meeting of the parties for the purpose of determining the allocation of such costs among the parties. Draft Pre-inclusion Agreement Rose Ranch!RFW&SD Page6 ( 1111111111111111111111111111111111111111111111111111111 569193 09/11/2000 05:09P B1206 P646 M ALSDORF 7 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO 4. Payment oflncreased Costs. Within thirty (30) days of its acceptance of the District Engineer's report pursuant to Paragraph 3 of this Section, Roaring Fork shall provide to the District: 5. A. a front-end cash payment in the amount constituting the difference between the amount paid to the District by Roaring Fork pursuant to Section II and the total amount of costs set forth in the District Engineer's report, which payment shall immediately be deposited by the District in the account maintained by it under Section II; or B. additional security in a form acceptable to the District and the County in the amount constituting the difference between the amount secured by Roaring Fork pursuant to Section II and the total costs set forth in the District Engineer's report. Cost Overruns. If, subsequent to the acceptance by Roaring Fork of the costs set forth in the District Engineer's report of updated costs pursuant to Paragraph 2 of this Section, the District incurs "Cost Overruns" during the pennitting, planning and construction of the Plant Expansion, the District shall immediately provide written notice to Roaring Fork of the nature and extent of said Cost Overruns. For purposes of this provision, "Cost Overruns" shall be defined as the increased costs actually incurred by the District in the permitting, planning and construction of the Plant Expansion over and above the estimated costs for the same set forth within the District Engineer's report and accepted by Roaring Fork. Within five(5) days of receipt of such notice, Roaring Fork shall provide written notice to the District of the objections of Roaring Fork, if any, to the Cost Overruns claimed by the District. If no objections to the report are provided to the District by Roaring Fork within this time period, Roaring Fork shall be deemed to have accepted all the Cost Overruns set forth therein. If Roaring Fork provides notice of its' objections to the District pursuant to hereto, the District shall, within five (5) days of its receipt of the same, establish a date, time and location for a joint meeting of the parties for the purpose of determining the allocation of these costs among the parties. 6 . Payment of Cost Overruns. Roaring Fork shall pay to the District the total amount for all Cost Overruns within thirty (30) days of its' acceptance of the same pursuant to Paragraph 5 of this Section. 7 . Notice to District. In order to facilitate the District's ability to plan for and construct the Plant Expansion, Roaring Fork shall timely provide to the District notice of the filing by Roaring Fork of all future applications for final plat subdivision approvals appurtenant to the Rose Ranch Property and the time period within which Roaring Fork reasonably anticipates County approvals for the same will be received. Draft Pre-inclusion Agreement Rose Ranch!RFW&SD Page 7 ( I llllll lllll llllll lllll lillll Ill 11111111111111111111111 569193 09/11/2000 0!:09P B1206 .P647 M ALSDORF 8 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO Section IV Connection to District Facilities 1. Procedure for Cormection to District Facilities. Upon providing written notice to the District and satisfying all required provisions of this Agreement, Roaring Fork shall be allowed to cormect the Rose Ranch Property to the District's Treatment Plant and receive wastewater treatment service from the District. 2 . Costs. Roaring Fork shall pay all infrastructure costs for connection to the District's sewer system and Treatment Plant, including, but not limited to, the costs of internal collection lines, necessary external joint trunk or interceptor lines, outfall lines, lift stations, other appurtenant collection facilities, and its own administrative costs. In the event Roaring Fork oversizes any lines, lift stations or other facilities in connecting the Rose Ranch Prope1ty to District facilities, it shall be entitled to recoup the oversizing costs from those owners and customers benefitted by such oversizing. For this purpose, Roaring Fork and the District shall execute an appropriate reimbursement agreement incorporating tenns no less favorable to Roaring Fork than the terms contained in the Construction and Reimbursement Agreement executed by the District and Aspen Glen Golf Partners and incorporated within the Service Plan as Exhibit J. 3. Plans and Specifications. All sewer lines and facilities on the Rose Ranch Property shall be constructed and installed in accordance with the District's Rules and Regulations in effect from time to time and all applicable terms, conditions, restrictions and schedules set forth in the subdivision approvals issued by the County for the Rose Ranch Property. The Parties acknowledge that the infrastmcture to be installed within the Rose Ranch Property will be constructed by Roaring Fork in accordance with the phasing schedules set forth within the applicable subdivision approvals issued by the County for the Rose Ranch Property. Upon completion of the final engineering and design plans for each respective phase of the facilities to be constructed on the Rose Ranch Property, Roaring Fork shall forward these plans to the District Engineer, who shall approve or disapprove the plans within thirty (30) days ofreceipt, and whose approval shall not be unreasonably withheld. In the event the District Engineer disapproves of such plans, he shall provide written notice to Roaring Fork describing with specificity the reasons for his disapproval and the changes necessary to make the plans and specifications acceptable to the District. In the event the District and Roaring Fork are unable to reach agreement on the required plans and specifications, the parties hereby agree to approach the District Board of Directors for resolution. Upon approval, the District and Roaring Fork shall execute in duplicate a document clearly specifying the approved plans and specifications to provide both parties certainty as to the agreed upon plans and specifications. Draft Pre-inclusion Agreement Ros e Ranch/RFW&SD Page8 ( I llllll lllll llllll lllll 11111111111111111111111111111111 569193 09/11/2000 05:09P 81206 P648 M ALSDORF 9 or 22 R 110.00 D 0.00 GARFIELD COUNTY CO 4. Change Orders. To facilitate completion of the facilities on the Rose Ranch Property in accordance with the rules and regulations of the District, Roaring Fork, its' contractors and agents may propose reasonable change orders, of which Roaring Fork shall provide the District with notice and copy of the same. Within three (3) days, or such lesser period as may be required under the circumstances ofreceiving notice and a copy of the proposed change order(s), the District shall either approve the same or propose an altemative(s) which will not result ill unreasonable delay. If the District fails to approve the change order or suggest an alternative within three (3) days, Roaring Fork may proceed with the change. All approved change orders, including any change order deemed approved, shall be incorporated into and become part of the agreed upon plans and specifications. 5. Inspections. The District shall have the right to inspect all facilities and work on the Rose Ranch Property prior to the dedication of such facilities to ensure compliance with the agreed upon plans and specifications. Roaring Fork shall reimburse the District for the reasonable actual costs of such inspections. 6. Warranty. Roaring Fork shall wan-ant all facilities conveyed to the District for a period of two (2) years from the date that Roaring Fork's Engineer certifies in writing that the facilities have been constructed and installed in compliance with the agreed upon plans and specifications, and any duly deemed or approved change orders, which date shall also be known as the certification date. Specifically, Roaring Fork shall warrant that any and all facilities conveyed to the District shall be free of any defects in materials or workmanship for a time period of two (2) years. 7. Dedication of Facilities: Lien Waivers. Within ten (10) days of the certification date, Roaring Fork shall dedicate and convey to the District by appropriate instruments of conveyance those portions of the facilities certified by Roaring Fork's Engineer pursuant to Paragraph 6 of this Section. The District shall accept such dedication within thirty (30) days thereof, and thereafter title to any facilities so dedicated and conveyed shall be vested in the District. Roaring Fork shall provide the District with lien waivers from all contractors, subcontractors, an material suppliers for work and materials furnished in connection with the facilities conveyed. 8 . Conveyance of Easements. Roaring Fork shall by special warranty deed convey to the District nonexclusive easements necessary for the District to maintain, operate, repair, and replace the facilities located on the Rose Ranch Property and dedicated to the District, free and clear of all liens, encumbrances, and title defects which could defect the District's title, and any title defects which would affect the District's ability to use each easement for its intended purpose. Roaring Fork shall and hereby does reserve the right to use in common with the District any easements it conveys to the District for ingress and egress and for all utility purposes not inconsistent with the District's use. The District shall Draft Pre-inclusion Agreement Rose Ranch!RFW&SD Page9 111111111111 111111 11111 11111111111111111111111111111111 569193 09/11/2000 05:09P 81206 P649 M ALSDORF 10 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO - notify Roaring Fork of its plan to excavate any easements on the Rose Ranch Property, and shall make all reasonable efforts to minimize disturbance to the owner(s) and the user(s) thereof. All easements conveyed or established pursuant to this paragraph shall be and hereby are subject to the obligation of the District to repair and revegetate disturbed areas to a condition and grade substantially similar to that which existed before the disturbance. 9 . Control of Facilities. Once conveyed to the District, and subject to the wananty provisions of Paragraph 6 of this Section, the District shall be solely responsible for operation, maintenance, repair, and replacement of all facilities located upon the Rose Ranch Property which are dedicated to the District. The District shall at all times operate the district facilities in an economical manner, and shall make repairs and replacements to assure continuous operation. 10. Release of Security. Completion of construction of all facilities required to be constructed on the Rose Ranch Property under this Section shall be secured under the applicable Subdivision Improvements Agreements to be executed by Roaring Fork with the County instant to the final platting of the Rose Ranch Property. Prior to the release of said security by the County, Roaring Fork shall provide satisfactory evidence to the County that the dedications and conveyances required under Paragraphs 7 and 8 of this Section have been made to the District. ( Section V. Calculation of Tap Fees and Payment of Common Element Surcharge 1 . Transfer of Tap Rights. The right to receive one EQR of sanitary sewer service and wastewater treatment capacity from the District's facilities shall be known as a "Tap Right". Upon receiving from Roaring Fork pursuant to Section II, Paragraph 1 financing for the Plant Expansion, the District shall assign to Roaring Fork in the form of prepaid "Tap Fees" all the Tap Rights that will be created by such Plant Expansion. 2 . Tap Rights Appurtenant to Rose Ranch Property. All of the Tap Rights assigned to Roaring Fork under Paragraph 1 of this Section, shall be deemed appurtenant to the Rose Ranch Property and as such, shall not be assigned, transferred or conveyed by the District or Roaring Fork to secure or provide District sanitary sewer service to other properties located outside the Rose Ranch Property without the prior written consent of the County, the District and Roaring Fork. 3. Determination of Tap Fees. The Tap Fee to be charged for each Tap Right shall be equal to the sum of: Draft Pre-inclusion Agreement Rose Ranch/RFW&SD Page JO ( 1111111111111111111111111111111111111111111111111111111 !569193 09/11/2000 05:"G!l9P 91206 P650 11 ALSDORF- 11 of 22 R 110.00 D 0.00 GARFIELD COUNTV CO A. An amount to be established from time to time by Roaring Fork in its sole discretion which shall be based upon the actual costs incurred or reasonably estimated to be incurred by Roaring Fork under Sections II, III and IV of this Agreement, prorated on a per EQR basis, plus interest. Roaring Fork shall initially establish this amount prior to the sale of any lots within the Rose Ranch Property and shall provide notice of the amount of such tap fee to the District; thereafter, Roaring Fork shall be entitled to adjust the same no more than one time annually and shall provide written notice of such modified tap fee to the District no less than twenty (20) days prior to the date any such change is to be implemented by the District. B. An amount ("Capital Reserve") to be established by the District at its sole discretion which amount shall be: 1. based upon the estimated required future capital repair/replacement costs to be incurred by the District instant to the continued operation of the Treatment Plant and sewer· facilities; and 2. applied uniformly against all Tap Rights issued to properties within the District's boundaries or service area, subject to the right of the District to adjust the Capital Reserve element based upon the number or size of lift stations, if any, necessary to serve any particular property. 4. Payment of Common Element Surcharge. The Common Element Surcharge represents a per EQR charge for the oversizing of facilities previously constructed within the Treatment Plant and benefitting properties located outside the Aspen Glen Planned Unit Development. The parties hereby agree that the Common Element Surcharge which benefits the number of tap rights to be acquired by Roaring Fork under this Agreement is $370,596.00. Roaring Fork agrees that it shall pay to the District the sum of $370,596.00, together with interest at the rate of six percent (6%) per annum from the date hereof until paid, in full satisfaction of its obligation to pay the Common Element Surcharge in one (1) payment prior to the date that Roaring Fork is allowed to make any physical connection from any of the Rose Ranch Property to the District's wastewater treatment Plant. It is the express intent of the parties that none of the Rose Ranch property shall be entitled to physically connect to the District's facilities or receive wastewater treatment service therefrom until Roaring Fork pays the District the Common Element Surcharge as provided in this paragraph. Draft Pre-inclusion Agreement Rose Ranch!RFW&SD Page I I ,· ( 11111111111111111111111 11f Ill Ill lllllll Ill llllll Ill llll S69193 09/11/2000 05:09P B1206 P651 M ALSDORF 12 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO Section VI Conditions to District Service 1. District Service Conditions. The District's obligations to provide sewer service to the Rose Ranch -Property shall be expressly conditioned upon the satisfaction of the following : A. inclusion of the Rose Ranch Property within the District pursuant to the provisions of Section I, Paragraph 1.; and B. receipt by Roaring Fork of all applicable County subdivision approvals for the lots or properties within the Rose Ranch Property requesting District sewer service; and C. receipt by the District pursuant to Section II, Paragraph 1, of the required financing for the Plant Expansion and payment by Roaring Fork of any increased costs for the Plant expansion as provided in Section III; and D . satisfactory perfo1mance by Roaring Fork of the requirements and conditions to Connection to District Facilities set forth in Section IV; and E. receipt by the District from each lot owner requesting District sewer service of written evidence that Roaring Fork has been paid the "Tap Fee,, applicable to the lot or direct payment to the District of the applicable Tap Fee as provided in paragraph 2 of this Section; and F. Receipt by the District of the Common Element Surcharge as provided in Section V; and G. receipt by the District of all amounts required to be paid by Roaring Fork under Section III and Section IV; and H. Satisfaction by Roaring Fork of any other te1m and condition required of it under this Agreement. 2. Reimbursement to Roaring Fork . In the event the lot owner requesting District Sewer service has not paid to Roaring Fork the Tap Fee as aforesaid, the District shall require such lot owner to pay to the District the then applicable Tap Fee for users within the Rose Ranch Property, prior to receiving service from the District. In such event, the District shall rebate to Roaring Fork the full amount of such Tap Fee, excluding that portion of the same attributable to Capital Reserve, prior to authorizing such lot owner to connect to the District's facilities and receive service therefrom. The District shall make payment to Draft Pre-inclusion Agreement Rose Ranch!RFW&SD Page 12 ( 111111111111111111 lllll 11111111111,,1111111111111111111 569193 09/11/2000 0e:09P 81206 P652 M ALSDORF 13 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO Roaring Fork under this provision within sixty (60) days of its receipt of payment of a Tap Fee from the lot owner requesting District sewer service. 3. Obligation to Provide Service. Upon satisfaction of the foregoing conditions, the District shall be obligated to provided sanitary sewer service to the Rose Ranch Property as the demand for the same arises for the number ofEQR's represented by the Tap Rights issued to Roaring Fork under the provisions of Section V, without further payment to the District of any system improvement fees charged by the District which are attributable to Treatment Plant expansion or systems enlargement. Section VII Dispute Resolution In the event the parties are unable to agree upon any matter addressed within this Agreement, each party shall select an engineer to represent its interests. The selected engineers shall then appoint one engineer, who shall provide a determination upon the matter in dispute. In the event this process of settlement fails, the parties agree to resolve such dispute by arbitration in accordance with the rules and regulations of the American Arbitration Association then in effect. The dete1miriation of the arbitrator shall be final and conclusive and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Section VIII Compliance with Rules and Regulations/Non-discrimination Upon inclusion of the Rose Ranch Property within the District and subject only to the te1ms and provisions of this Agreement, Roaring Fork and the owners or customers within the Rose Ranch Property shall be bound by and comply with the District Rules and Regulations applicable to properties within the District as the same may be amended from time to time. Section IX Audits, Reports and Inspections The District shall maintain the records, accounts, and audits required by statute or which would be kept under normal business practice, and copies of such records shall be provided to Roaring Fork upon request. Each party shall keep full and accurate records of all Construction Costs and related costs, which shall be made available upon request. The District shall have the right to inspect the facilities located upon the Rose Ranch Property as provided in the District's Rules and Regulations, and Roaring Fork shall, upon notice to the District, have the right to inspect the District's wastewater treatment plant, sewer lines, lift stations, and other appurtenant facilities. Draft Pre-inclusion Agreement Rose Ranch/RFW&SD Page 13 ( ' 1111111111111111111111111111111111111111111111111111111 569193 09/11/2000 05:09P B1206 P663 M ALSDORF 14 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO Section X County Obligations _ The County's duties and obligations under this Agreement are and shall be limited to those duties and obligations set forth in Section II, Paragraph 3, Section IV, Paragraph 10 and Section V, Paragraph 2. Section XI General Provisions 1. Termination. This Agreement shall be in full force and effect until terminated by mutual agreement by the parties hereto, or as provided by law. 2 . Good Faith. Because of the need for a regional wastewater treatment facility, the parties agree to proceed in good faith with the implementation of this Agreement. The parties further agree to negotiate in good faith for future financing and construction of additional Common Elements, wastewater treatment plant capacity, and any other facilities. 3. Service Plan Integration. This Agreement and its Exhibits shall be incorporated in the District's Service Plan, as though set forth there verbatim. 4. Compliance with State and Federal Law. This Agreement shall not be construed to be in violation with the laws of the United States or the State of Colorado, nor in any manner which adversely affects or diminishes the financing capabilities of the District. 5. Enforcement: Specific Performance. In the event of any material failure by either pa1iy hereto to comply with the terms of this Agreement, the other party shall have standing to bring suit at law or in equity to enforce compliance herewith. It is expressly agreed that any default in the provisions hereof may be specifically enforced. This Agreement shall be construed in accordance with the laws of the State of Colorado, including the Special District Act, C.R.S. §§ 32-1-101, et. seq. 6. Non-Merger. Each paiiy's obligations under this Agreement shall be assignable to any grantee, purchaser, transferee, or assignee of the party's interest, and shall survive any such conveyance, purchase, transfer, or assignment. 7. Covenants: Recording. The provisions of this Agreement shall constitute covenants running with the lands affected thereby, and upon execution this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder and shall thereafter constitute actual notice of the teffi1s and conditions hereof to any and all future users of Draft Pre-inclusion Agreement Rose Ranch!RFW&SD Page 14 ( l llllll lllll llllll lll~11Hlll Ill lllllll Ill llllll Ill llll 569193 09/11/2000 05:09P 81206 P654 M ALSDORF 15 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO District services on the Rose Ranch Property, and all owners, tenants or other persons who occupy units or reside upon the Rose Ranch Property. 8. Attorneys' Fees. Each party shall bear its own attomeys' fees incmTed in the negotiation, execution, and implementation of this Agreement. However, in the event arbitration or litigation is necessary to enforce the rights of the parties to this Agreement, as between -themselves, the prevailing party in such arbitration or litigation shall be entitled to reasonable attorneys' fees and costs actually incurred. 9. Complete Agreement: Amendment. This Agreement constitutes the entire and complete agreement between the parties, and any modification or amendment hereto shall be evidenced by a writing signed by the parties. 10 . Binding Effect. This Agreement shall be binding upon and inure to the benefit of th~ panies, their heirs, successors, grantees, and assigns. Nothing herein shall prevent Roaring Fork from selling its property and the benefits and obligations of this Agreement shall be appurtenant to the property conveyed. 11. Authority. Each person executing this Agreement represents and warrants that he has been duly authorized by the patty which he purports to represent to execute this Agreement, and has authority to bind said party to the terms and conditions of this Agreement. 12. No Waiver. No provision of this Agreement maybe waived except by an agreement in writing signed by the waiving party. A waiver of any term or provision shall not be construed as a waiver of any other term or provision. 13. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof, as they have no substantive effect, and are for convenience only. 14. Severability. If any part or section of this Agreement shall be found void or invalid by a court of competent jurisdiction, such finding shall not affect any remaining part or section, and said remaining parts or sections shall continue in full force and effect. The parties shall renegotiate in good faith any matter addressed by a part or section that is found void or invalid. 15. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit postage paid in the United States Mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Draft Pre-inclusion Agreement Rose Ranch/RFW&SD Page15 { ( 111111111111111111 111111~111111111111111111111111111111 569193 09/11/2000 05:09P B1206 P655 M ALSDORF 16 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO Notice to: With copy to : Notice to : With copy to: Notice to: Draft Pre-inclusion Agreement Roaring Fork Water and Sanitation District 9929 Highway 82 Carbondale, Colorado 81623 Lawrence R. Green Balcomb & Green P.C. P. 0. Drawer 790 Glenwood Springs, CO 81602 Roaring Fork Investments, LLC Attn: Ron Heggemeier Heggemeier & Stone, P.C. 19556 East Main St., Suite 200 Parker, CO 80134-7374 Timothy A. Thulson, Esq. Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 Garfield County Department of Building and Planning Attn: Mark Bean 109 8111 Street, Suite 303 Glenwood Springs, CO 81601 \ Rose Ranch/RFW&SD Page 16 ( 1111111111111111111111111111111111111111111111111111111 ~69193 09/11/2000 05:09P 91206 P656 M ALSDORF 17 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals on the day and year first written above. .,!,~.:·,,.. ':, .. ,,.,. .. ·: . Draft Pre-inclusion Agreement ROARING FORK INVESTMENTS, LLC ROARING FORK WATER AND SANITATION DISTRICT -------:;. By .L_C)o / ~ __ &_· -- President ( Rose Ranch!RFW&SD Page 17 ( ( 1111111 11111111111111111111111111111111111 111111111 1111 569193 09/11/2000 05:09P 81206 P657 M ALSDORF 18 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A ROSE RANCH PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN LOTS 4, 5, 10, 11, 12, 13, 15, 16, 17, 22, 23, 24, 28, 29, 30 AND 34 OF SECTION 1 AND LOTS 2, 3, 4, 7, 8, 9, 12, 13, 15, 16 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY AS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1, A 1958 BLM BRASS CAP IN PLACE; THENCE S 56°22'41" E 518.09 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT .PROPERTY DESCRIBED IN BOOK 590 AT PAGE 955 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, THE TRUE POINT OF BEGINNING; THENCE S 59°20'23" E ALONG THE SOUTHERLY LINE OF SAID BOOK 590 AT PAGE 955, A DISTANCE OF 208.21 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINES 63°47'19" E 60.78 FEET TO A REBAR AND CAP L.S. #17488 IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINES 63°47'23" E 334.00 FEET TO A REBAR AND CAP L.S. #17488 IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINES 63°47'20" E 334.00 FEET TO THE SOUTHEAST CORNER OF SAID BOOK 590 AT PAGE 955, A REBAR AND CAP L.S. #17488 IN PLACE; THENCE N 37°11 '37" E ALONG THE EASTERLY LINE OF SAID BOOK 590 AT PAGE 955, 298.51 FEET TO A POINT ON THE CENTERLINE OF THE ROARING FORK RIVER; THENCE THE FOLLOWING FIVE (5) COURSES ALONG THE CENTERLINE OF SAID RIVER: 1. S 64°20'33" E 539.13 FEET 2. S 69°24'54" E 523.30 FEET 3. S 61°41 '54" E 147.51 FEET 4. S 34°19'54" E 646.80 FEET 5. S 29°54'54" E 516.97 FEET TO A POINT ON THE EASTERLY LINE OF LOT 17 OF SAID SECTION 1; THENCE LEAVING SAID CENTERLINES 00°42'38" E ALONG THE EASTERLY LINE OFLOT.S 17, 22 AND 29, A DISTANCE OF2140.70 FEET; THENCE LEAVING SAID EASTERLY LINE N 89°15'45" E 43.14 FEET TO THE NORTHWEST CORNER OF THAT PROPERTY DESCRIBED IN BOOK 511 AT PAGE 103 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE THE FOLLOWING SIX (6) COURSES ALONG THE WESTERLY LINE OF SAID PROPERTY: 1. S 41°07' 10" E 559. 76 FEET 2. S 47°56'39" E 519.80 FEET 3. S 47°16'43" E 466.70 FEET 4. S 34°28'09" E 123.72 FEET Rose Ranch Property Exhibit A Page 1of5 ( ' Jlllll 11111111111 lflll lllfll Ill llllllJ ,,, 1111111111111 569193 09/11/2000 0S:09P 81206 P6!58 11 ALSDORF 19 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO 5. S 04°45'38" E 390.41 FEET 6. S 08°01'51"W130.25 FEET TO THE SOUTHWEST CORNER OF SAID PROPERTY; THENCE N 67°25'06" E ALONG THE SOUTHERLY LINE OF SAID PROPERTY 211.00 FEET TO A POINT ON THE EASTERLY LINE OF LOT 9 OF SAID SECTION 12; THENCE S 00°22' ll" E ALONG SAID EASTERLY LINE 606.90 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9, A REBAR AND ALUMINUM CAP, LS #22580, IN PLACE; THENCE S 03°11'58" W ALONG THE EASTERLY LINE OF LOT 12 OF SAID SECTION 12 741.05 FEET TO THE SOUTHEAST CORNER OF SAID LOT 12, A REBAR AND ALUMINUM CAP IN PLACE; THENCE S 00°06'02" E ALONG THE EASTERLY LINE OF LOT 16 OF SAID SECTION 12 555.52 FEET TO THE SOUTHEAST CORNER OF SAID LOT 16, A REBAR AND ALUMINUM CAP IN PLACE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TELLER SPRINGS SUBDIVISION; THENCE S 89°59'08" W ALONG THE NORTHERLY LINE OF SAID TELLER SPRINGS SUBDIVISION 220.61 FEET TO THE SOUTHEAST CORNER OF PARCEL C OF RECEPTION NO. 444311 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE LEAVING SAID NORTHERLY LINEN 12°57'48" W ALONG THE EASTERLY LINE OF SAID RECEPTION NO. 444311 169.14 FEET; THENCE N 87°58'25" W ALONG THE NORTHERLY LINE OF SAID PARCEL C 324.74 FEET; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL C ALONG THE ARC OF A CURVE TO THE RIGHT HA YING A RADIUS OF 582.29 FEET AND A CENTRAL ANGLE OF 17°52'51", A DISTANCE OF 181.72FEET(CHORDBEARSS 13°29'05" E 180.98 FEET) TO A POINT ON THE NORTHERLY LINE OF SAID TELLER SPRINGS SUBDIVISION; THENCE S 89°52'26" W ALONG SAID NORTHERLY LINE 174.01 FEET TO THE NORTHWEST CORNER OF THE TELLER SPRINGS OPEN SPACE; THENCE LEAVING SAID NORTHERLY LINES 21°55'10" W ALONG THE WESTERLY LINE OF SAID OPEN SPACE 53.97 FEET TO THE NORTHEAST CORNER OF LOT 5 OF SAID TELLER SPRINGS SUBDIVISION AS SHOWN ON THE AMENDED PLAT THEREOF; THENCE S 89°59'08" W ALONG THE NORTHERLY LINE OF SAID LOT 5 165.35 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINEN 45°01'42" W 28.27 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE N 89°59'08" W 855.53 FEET TO THE NORTHWEST CORNER OF SAID LOT 5, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 109; THENCE THE FOLLOWING TWENTY-THREE (23) COURSES ALONG SAID EASTERLY RIGHT-OF-WAY: 1. N 13°15'08" E 30.84 FEET 2. N 13°40'41" E 86.97 FEET 3. N 14°26'34" E 8.37 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT HA YING A RADIUS OF 263.67 FEET AND A CENTRAL ANGLE OF 22°42'13", A DISTANCE OF 104.48 FEET (CHORD BEARS N 03°05'28" E 103.80 FEET) 5. N 08°15'39" W 721.97 FEET 6. N 09°37'30" W 215.26 FEET Rose Ranch Property Exhibit A Page 2of5 ( 1111111111111111111111111111111111111111111111111111111 569193 09/11/2000 05:09P B1206 P669 M ALSDORF 20 of 22 R 110.00 D 0.00 GARFIELD CPUNTY CO 7. N 09°32'11" W 716.14 FEET 8. N 09°24'35 11 W 1739.93 FEET 9. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1870.00 FEET AND A CENTRAL ANGLE OF 05°38 157 11 , A DISTANCE OF 184.38 FEET (CHORD BEARS N 06°35'06" W 184 .30 FEET) 10. N 03°45'38 11 W 70.62 FEET 11. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1155.00 FEET AND A CENTRAL ANGLE OF 08°59'23", A DISTANCE OF 181.22 FEET (CHORD BEARS N 08°15'19" W 181.03 FEET) 12. N 12 °45'01" W 250.30 FEET 13. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 518.09 FEET AND A CENTRAL ANGLE OF 35°11'37", A DISTANCE OF 318.23 FEET (CHORD BEARS N 30°20'49" W 313.26 FEET) 14. N 47°56'38" W 239.80 FEET 15. ALONG THE ARC OF A CURVE TO THE RIGHT HA YING A RADIUS OF 1520.00 FEET AND A CENTRAL ANGLE OF 14°05'17", A DISTANCE OF 373.74 FEET (CHORD BEARS N 40°53'59 11 W 372.80 FEET) 16. N 33°51'20" W 485.97 FEET 17. ALONG THE ARC OF A CURVE TO THE LEFT HA YING A RADIUS OF 620.00 FEET AND A CENTRAL ANGLE OF 19°38'05", A DISTANCE OF 212.47 FEET (CHORD BEARS N 43°40'23" W 211.43 FEET) 18 . N 53°29'25'' W 511.09 FEET 19. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 470.00 FEET AND A CENTRAL ANGLE OF 34°45'42", A DISTANCE OF 285.15 FEET (CHORD BEARS N 36°06'34" W 280.80 FEET) 20. N 18°43'43" W 773.97 FEET 21. ALONG THE ARC OF A CURVE TO THE RIGHT HA YING A RADIUS OF 620.00 FEET AND A CENTRAL ANGLE OF 30°05'19", A DISTANCE OF 325.59 FEET (CHORD BEARS N 03°41'04"W321.86 FEET) 22. N 11°21'36"E171.27 FEET 23. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 380.00 FEET, A CENTRAL ANGLE OF 02°00'46" AND A DISTANCE OF 13.35 FEET (CHORD BEARS N 10°21'13" E 13.35 FEET) TO A POINT_ ON THE SOUTHERLY LINE OF RIVER RIDGE P.U.D.; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY N 19 °24'30" E ALONG SAID SOUTHERLY LINE 83 .25 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINES 65°25'04" E 20 .16 FEET TO TH E TR UE POINT OF BE GI NNIN G; SAID PARCEL CONTAINING 274.291 ACRES, MORE OR LESS. Ros e Ranch Prope rty Exhibit A Page 3of5 I I, , . I, 111111111111 llllff lfll11f 11111111111111111111111111 1111 569193 09/11/2000 05:09P 81206 P660 M ALSDORF 21 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO TOGETHER WITH A PARCEL OF LAND SITU A TED IN LOTS 23 AND 28 OF SECTION 1 AND LOTS 4, 5, 6, 7, 14, THE NW1/4NW1/4 AND THE SW1/4NWI/4 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY AS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, A BLM BRASS CAP IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S 88 °08'24" E ALONG THE NORTHERLY LINE OF THE NW1/4NW1/4 AND LOT 5 OF SAID SECTION 12 1925.15 FEET; THENCE LEAVING SAID NORTHERLY LINES 01°19'06" W 100.00 FEET; THENCE S 88°08'24" E 150.00 FEET; THENCE N 00°03'38" E 200.10 FEET; THENCE N 88°08'24" W 100.15 FEET TO A POINT ON THE WESTERLY LINE OF LOT 28 OF SAI.D SECTION 1; THENCE N 01°16'57" W ALONG THE WESTERLY LINE OF LOTS 28 AND 23 OF SAID SECTION 11061.60FEETTOAPOINTONTHEWESTERLYRIGHT-OF-WAY OF COUNTY ROAD 109; THENCE LEAVING THE WESTERLY LINE OF SAID LOT 23 THE FOLLOWING SEVEN (7) COURSES ALONG THE WESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 109: 1. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 458.09 FEET AND A CENTRAL ANGLE OF 36°07'56", A DISTANCE OF 288.88 FEET (CHORD BEARS S 30°48'59" E 284.12 FEET) 2. S 12°45'01" E 247.15 FEET 3. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1095.00 FEET AND A CENTRAL ANGLE OF 08°59'23", A DISTANCE OF 171.80 FEET (CHORD BEARS S 08°15'19" E 171.63 FEET) 4. S 03°45'38" E 70.62 FEET 5. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1930.00 FEET AND A CENTRAL ANGLE OF 05°38'57", A DISTANCE OF 190.29 FEET (CHORD BEARS S 06°35'06" E 190.21 FEET) 6. S 09°24'35" E 1739.96 FEET 7. S 09°32'11" E 545.09 FEET (TO A POINT WHENCE AN ONE INCH IRON PIPE BEARS S 80°39'46" W 15.01 FEET); THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY S 80 °39' 46" W ALONG THE NORTHERLY LINE EXTENDED AND THE NORTHERLY LINE OF RECEPTION NO. 402764 156.56 FEET TO AN ONE INCH IRON PIPEINPLACE;THENCECONTINUINGALONGSAIDNORTHERLYLINES46°49'46"W 319.59 FEET TO THE NORTHWEST CORNER OF SAID RECEPTION NO. 402764, A REBAR AND CAP IN PLACE; THENCE S 08°30'14" E ALONG THE WESTERLY LINE OF SAID RECEPTION NO. 402764 AND RECEPTION NO. 418590, 302.72 FEET TO THE SOUTHWEST CORNER OF SAID RECEPTION NO. 418590; THENCE S 80°45'44" W ALONG THE NORTHERLY LINE OF RECEPTION NO. 397182, 177.17 FEET TO THE NORTHWEST CORNER OF SAID RECEPTION NO. 397182; THENCE S 17°25'15" W ALONG THE WESTERLY LINE OF RECEPTION NO. 397182 AND RECEPTION NO. Rose Ranch Property Exhibit A Page 4of5 I llllll lllll llllll lllll 11111111111111111111111111111111 569193 09/11/2000 05:09P 81206 P661 M ALSDORF 22 of 22 R 110.00 D 0.00 GARFIELD COUNTY CO \ 411767, 741.91 FEET TO THE NORTHWEST CORNER OF LOT 21 OF SAID SECTION 12, ALSO BEING THE NORTHWEST CORNER OF TELLER SPRINGS SUBDIVISION; THENCE S 00°00'34" W ALONG THE WESTERLY LINE OF SAID TELLER SPRINGS SUBDIVISION AND THE EASTERLY LINE OF LOT 14 OF SAID SECTION 12 768.25 FEET TO THE SOUTHEAST CORNER OF SAID LOT 14; THENCE LEAVING THE WESTERLY LINE OF TELLER SPRINGS SUBDIVISIONS 89°00'59" W ALONG THE SOUTHERLY LINE OF SAID LOT 14 468.99 FEET TO THE SOUTHWEST CORNER OF SAID LOT 14; THENCE N 00°22'13" E ALONG THE WESTERLY LINE OF SAID LOT 14 1378.08 FEET TO THE NORTHWEST CORNER OF SAID LOT 14; THENCE N 89°07'53" W ALONG THE SOUTHERLY LINE OF THE SW1/4NW1/4 OF SAID SECTION 12 1347.91 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 12, AN ALUMINUM CAP IN PLACE; THENCE N 00°33'14" W ALONG THE WESTERLY LINE OF SAID SECTION 12 2728.80 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 166.038 ACRES, MORE OR LESS. Rose Ranch Property Exhibit A Page 5of5 OW N E R : BLUE HERON P R O P E R T I E S , L L C E N G I N E E R : TELE: (97 0 ) 3 8 4 - 0 6 3 0 430 IRONB R I D G E D R I V E GLENWOOD SP R I N G S , C O 8 1 6 0 1 C O N S U L T I N G E N G I N E E R S A N D S U R V E Y O R S 1 5 1 7 B L A K E A V E N U E , S T E 1 0 1 G L E N W O O D S P R I N G S , C O 8 1 6 0 1 P H : ( 9 7 0 ) 9 4 5 - 8 6 7 6 F X : ( 9 7 0 ) 9 4 5 - 2 5 5 5 H I G H C O U N T R Y E N G I N E E R I N G , I N C . MEMBER UTILITIES.FOR THE MARKING OF UNDERGROUND BEFORE YOU DIG, GRADE, OR EXCAVATE Lakewood, Co 80215CALL 2-BUSINESS DAYS IN ADVANCE 12600 W. Colfax Ave., Suite B-310 Administrative Office 303-232-1991 UNCCCALL BEFOREYOU DIG1-800-922-1987Center of Colorado Utility Notification IR O N B R I D G E P . U . D . G A R F I E L D C O U N T Y , C O L O R A D O , < ii! " ~ " ~ ~ s ~ !<l 5 z ~ ~ • • • ~ • ~ -.; 0 £ _, • i i ~ ~ • " I'! ~ GENERAL NO'IES 1. ALL STREETS AND DRAINAGE CONSTRUCTION SHALL COMPLY WITH GARFIELD COUNTY SPECIFICATIONS AND CURRENT ROADWAY DESIGN AND CONSTRUCTION CRITERIA. ALL UTILITIES SHALL COMPLY WITH ROARING FORK WATER AND SANITATION DISTRICT SPECIFICATIONS AND STANDARDS. 2. THE CONTRACTOR SHALIL CONTACT ALL APPROPRIATE UTILITY COMPANIES, GARFIELD COUNTY AND HIGH COUNTRY ENGINEERING, INC. PRIOR TO THE BEGINNING OF ANY CONSTRUCTION. CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR LOCATING ANY EXISTING UTILITIES (INCLUDING DEPTH AND HORIZONTAL LOCATlON) WHICH MAY CONFLICT WITH PROPOSED CONSTRUCTION. ALL EXISTING UTILITIES SHALL BE PROTECTED FROM DAMAGE BY THE CONTRACTOR. ALL DAMAGED UTILITIES SHALL BE REPAIRED BY THE CONTRACTOR AT HIS OWN EXPENSE AND IN A TIMELY MANNER. ALL ITEMS SHOWN ON THE PLANS AS EXISTING ARE SHOWN IN APPROXIMATE LOCATIONS ONLY. ACTUAL LOCATIONS MAY VARY FROM THE PLANS IN THE CASE OF UNDERGROUND UTILITIES. WHENEVER CONTRACTOR DISCOVERS A DISCREPANCY IN LOCATIONS, HE SHALL CONTACT THE ENGINEER IMMEDIATELY. 3. THE CONTRACTOR SHALIL NOTIFY GARFIELD COUNTY, THE PROJECT ENGINEER, AND ROARING FORK WATER AND SANITATION DISTRICT AT LEAST 48 HOURS PRIOR TO ANY CONSTRUCTION. IF WORK IS SUSPENDED FOR ANY PERIOD OF TIME AFTER INITIAL START-UP, THE CONTRACTOR MUST NOTIFY THE PROJECT ENGINEER 48 HOURS PRIOR TO RE-START. 4. THE CONTRACTOR SHALIL HAVE ONE (1) SIGNED COPY OF THE PLANS WHICH HAVE BEEN APPROVED BY GARFIELD COUNTY AND THE PROJECT ENGINEER ON SITE AT ALL TIMES. 5. THE CONTRACTOR SHALIL OBTAIN, AT THEIR EXPENSE, ALL PERMITS THAT ARE NECESSARY TO PERFORM THE PROPOSED WORK. 6. TRENCHES SHALL BE EXCAVATED AND THE PIPE EXPOSED FOR THE INSPECTION AT ANY LOCATION ON THE PROJECT IF SO ORDERED BY THE INSPECTOR AT NO ADDITIONAL CHARGE TO THE OWNER. 7. THE CONTRACTOR WILL BE HELD RESPONSIBLE FOR THE PROPER FUNCTIONING OF LINES (WATER AND SEWER) FOR UP TO TWO (2) YEARS FROM THE DATE OF PROBATIONARY ACCEPTANCE OF THE LINES BY THE DISTRICT. ANY MALFUNCTION DURING THIS PERIOD OF GUARANTEE SHALIL BE REMEDIED BY THE CONTRACTOR TO THE SATlSFACTlON OF THE DISTRICT ENGINEER AT NO EXPENSE TO THE DISTRICT. 8. ON LOTS 94, 95, 96 AND 108-118, THE CONSTRUCTION OF HOMES SHALL NOT TAKE PLACE DURING THE TIME PERIOD BETWEEN FEBRUARY 15TH AND MAY 31ST. 9. ROTATE SANITARY AND STORM SEWER MANHOLE CONES TO PREVENT COVERS FlROM FAWNG WITH WHEEL PATH AREAS. 10. ALL PRE-ANNEXATION AGREEMENTS BETWEEN LB ROSERANCH, LLC AND THE ROARING FORK SANITATION DISTRICT WILL BE MAINTAINED THROUGH OUT CONSTRUCTION OF THIS PROJECT. 11. ALL IRRIGATION INSTALILATION SHALL BE PER GEOTECHNICAL REPORT CONDITIONS OR THE PRE-ANNEXATION AGREEMENT DOCUMENTATlON. 12. ALL UTILITIES, BOTH UNDERGROUND OR OVERHEAD, SHALL BE MAINTAINED IN CONTINUOUS SERVICE THROUGHOUT THE ENTIRE CONSTRUCTION PERIOD, EXCEPT AS NOTED IN THE SPECIAL CONDITIONS. THE CONTRACTOR SHALL BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO, OR INTERRUPTION OF, SERVICES CAUSED BY THE CONSTRUCTION. 13. THE CONTRACTOR SHALL CONTAIN HIS CONSTRUCTlON OPERATIONS TO THE AREA WITHIN THE STREET RIGHT-OF-WAY. CONTRACTOR SHALL NOT OPERATE OUTSIDE THIS AREA WITHOUT THE PRIOR CONSENT OF THE PROPERTY OWNER INVOLVED. 14. ANY DAMAGE TO PRIVATE PROPERTY BY THE CONTRACTOR OUTSIDE THESE LIMITS WITHOUT THE PERMISSION OF THE PRIVATE PROPERTY OWNER OR THE IRONBRIDGE OWNER WILL BE THE RESPONSIBILITY OF THE CONTRACTOR. 15. MAINTAIN POSITIVE DRAINAGE AWAY FlROM STRUCTURES IN ALIL DIRECTIONS. 16. THE CONTRACTOR SHALL COORDINATE AND SCHEDULE A PRECONSTRUCTION MEETING AT LEAST 48 HOURS PRIOR TO ANY EXCAVATION. PARTlCIPANTS SHALL INCLUDE, BUT NOT BE LIMITED TO, REPRESENTATIVES OF THE CONTRACTOR, EXCAVATOR, ENGINEER, OWNER AND DISTRICT. SEPARATION OF WAlER AND SEWER MAINS 1. 2. 3. PARALLEL INSTALLATION: A. Wcf~ P£N~AAtJS--WHEN LOCAL CONDITIONS PREVENT A K NLKATION OF TEN FEET, A WATER MAIN MAY BE LAID CLOSER TO STORM OR SANITARY SEWER PROVIDED THAT: 1) IT IS LAID IN A SEPARATE TlRENCH. 2) THE ELEVATION OF THE CROWN OF THE SEWER IS AT LEAST 18 INCHES BELOW THE INVERT OF THE WATER MAIN. SUCH SEPARATlON SHOULD BE OF UNDISTURBED OR COMPACTED EARTH. 3) WHERE THIS VERTICAL SEPARATION CANNOT BE OBTAINED.._ THE SEWER SHOULD BE CONSTlRUCTED OF MATERIALS ANu WITH JOINTS THAT ARE EQUIVALENT TO WATER MAIN STANDARDS OF CONSTRUCTION. CROSSINGS: A. NORMAL CONDITIONS--WHENEVER POSSIBLE, WATER MAINS B. ~~~~~~~H0A'{lR B~0 ~Kifi ~~~~~Vl~tO~M s~~~~~flo2R ofA~~T1~XsT 18 INCHES BETWEEN THE INVERT OF THE PRESSURE WATER MAIN AND THE CROWN OF THE SEWER. ~I~ C~~!i1~~--WHEN LOCAL CONDITIONS PREVENT A I lR ON AS DESCRIBED ABOVE, THE FOLLOWING CONSTRUCTION SHALL BE USED: 1) SEWER PASSING OVER OR LESS THAN 18 INCHES UNDER WATER MAINS SHALL BE CONSTlRUCTED OR MODIFIED USING ONE OF THE FOLLOWING METHODS: a) ONE LENGTH OF PIPE AT LEAST 20 FEET LONG CENTERED OVER OR UNDER THE WATER MAIN. JOINTS BETWEEN THE SEWIER PIPE AND THE SPECIAL PIPE AS DEFINED BELOW, SHALL BE ENCASED IN A CONCRETE COLLAR AT LEAST 6 INCHES THICK AND EXTENDING AT LEAST 6 INCHES EITHER SIDE OF THE JOINT OR, 2) WATER MAINS PASSING UNDER SEWERS SHOULD, IN ADDITION, BE PROTECTED BY PROVIDING: a) A VERTlCAL SEPARATlON OF AT UEAST 18 INCHES BETWEEN THE INVERT OF THE SEWER AND THE CROWN OF THE WATER MAIN. b) ADEQUATE SllRUCTURAL SUPPORT FOR THE SEWER TO PREVENT EXCESSIVE DEFLECTION OF JOINTS AND SETTLING ON AND BREAKING THE WATER MAINS. EXISTING PIPE: A. TO BE ABANDONED IN PLACE--SANITARY SEWIER MAIN IS TO BE ABANDONED IN PLACE. WHERE CONFLICTING WITH PROPO$ED SANITARY SEWER MAIN THE EXISTING WILL BE REMOVED \10) FEET IN BOTH DIRECTION FROM POINT OF CONFLICT. WAlER MAIN NO'IES 1. ALL MATERIALS AND WORKMANSHIP SHALL BE IN CONFORMANCE WITH AWWA STANDARDS AND SPECIFICATlONS, LATEST REVISIONS. ALL WORK SHALL BE INSPECTED AND APPROVED BY PERSONNEL OF THE ROARING FORK WATER AND SANITATION DISTRICT AND HIGH COUNTlRY ENGINEERING, INC. 2. ALL WATER MAINS SHALL BE CLASS 52 DUCTILE IRON PIPE (AWWA C-151-81). ALIL JOINTS AND FITTINGS SHALL BE IN ACCORDANCE WITH AWWA STANDARDS AND SPECIFICATIONS. ANY VARIATION OF THIS STANDARD SHALL BE NOTED ON THE PLANS AND ALL D.I. PIPE FITTINGS SHALL BE POLYETHYLENE WRAPPED. 3. ALL BENDS, PLUGS, REDUCERS, AND FIRE HYDRANTS TO BE RODDED OR MECHANICALLY RESTRAINED ABOVE THE ROBERTSON IRRIGATlON DITCH. 4. THERE SHALL BE A MINIMUM COVER OF 5.5 FEET OVER ALL WATER MAINS. 5. ALL BENDS, TEES, FlRE HYDRANTS, BLOW-OFFS AND PLUGS AT DEAD END MAINS SHALL BE PROTECTED FROM THRUST BY USING CONCRETE THRUST BLOCKS, AND/OR MECHANICAL RESTRAINTS AS APPROVED BY THE DISTRICT ENGINEER. 6. PRECAUTIONS SHALL BE TAKEN TO PROTECT THE INTERIOR OF PIPES, FlTTINGS, AND VALVES AGAINST CONTAMINATION. ALL OPENINGS IN THE PIPELINE SHALL BE CLOSED WITH WATERTIGHT PLUGS WHEN PIPE LAYING IS STOPPED AT THE CLOSE OF THE DAY'S WORK OR FOR OTHER REASONS, SUCH AS REST BREAKS OR MEAL PERIODS. 7. WHEN NECESSARY TO LOWER OR RAISE WATER LINES AT STORM DRAINS AND OTHER UTILITY CROSSING, A MINIMUM CLEARANCE OF 1.50 FEET SHALL BE MAINTAINED BETWEEN OUTSIDE OF PIPES. 8. THE CONTlRACTOR SHALL NOTIFY THE PUBLIC UTILITY COMPANIES AND DETERMINED THE LOCATION OF ALL EXISTlNG UNDERGROUND UTlLITIES PRIOR TO PROCEEDING WITH THE EXCAVATlON. ALL WORK PERFORMED IN THE AREA OF THE PUBLIC UTILITIES SHALL BE PERFORMED ACCORDING TO THE REQUIREMENTS OF THESE AGENCIES. 9. COMPACTION OF ALL TlRENCHES MUST BE ATTAINED IN ACCORDANCE WITH THE SOILS REPORTS AND COMPACTION TEST RESULTS SUBMITTED TO GARFIELD COUNTY PRIOR TO PROBATIONARY ACCEPTANCE. 10. WATER SERVICES, WATER LINES, AND FIRE HYDRANT LINES CROSSING STORM SEWER SHALL BE DEFLECTED TO MAINTAIN A MINIMUM OF FIVE AND ONE-HALF (5.5) FEET OF SEPERATION BETWEEN THE WATER LINE AND STORM SEWER LINE, CONTACT THE ENGINEER IF DEFLECTION IS NOT POSSIBUE. 11. SERVICE LINE CONNECTIONS WILL BE MADE WITH PIPE SADDLES AND CORPORATION STOPS PER THE REQUIREMENTS OF THE DISTRICT. DIRECT TAPPING OF THE WATER MAIN WITH OUT THE USE OF PIPE SADDLES SHALL NOT BE ALLOWED. SERVICE LINES ON THE WATER MAIN SHALL BE LOCATED 45" ABOVE THE HORIZONTAL WITH A GOOSE NECK PROVIDED. CORPORATION STOPS SHALL BE LEFT IN THE OPEN POSITION SO THAT SERVICE LINES ARE TESTED AS PART OF WATERLINE TESTlNG. 12. CONTlRACTOR IS RESPONSIBUE FOR OBTAINING AND CONFORMING TO ALL REQUIRED PERMITS FOR UTILITY CONSTlRUCTION WITHIN THE EXISTING ROADWAYS. 13. THE LOCATION OF EXISTING WATERLINES AS SHOWN IS APPROXIMATE BASED ON EXPOSED VALVE LOCATIONS AND THE BEST AVAILABLE RECORDS OF THE DISTRICT. CONTlRACTOR TO USE CAUTION WHEN WORKING NEAR SHOWN LOCATION OF WATERLINES. 14. THE CONTRACTOR SHALL NOT OPERATE ANY EXISTING OR NEW WATERLINE VALVES EXCEPT IN THE CASE OF AN EMERGENCY. CONTlRACTOR SHALL NOTIFY THE DISTRICT A MINIMUM OF 48 HOURS IN ADVANCE OF ANY VALVE OPERATlON REQUIRED TO COMPUETE THE WORK. 15. WATERLINES SHALL BE INSTALLED AT RELATIVELY STRAIGHT LINES BETWEEN FITTINGS. TRACING WIRE SHALL BE INSTALLED WITHIN 2-INCHES OF THE TOP OF THE PIPE. THE WIRE SHALL BE CARRIED UP THE OUTSIDE OF EACH VALVE BOX AND ENTER INTO THE VALVE BOX THROUGH A ~-INCH DRILLED HOLE WITH A 6-INCH LEAD CRIMPED INSIDE THE BOX. 16. ALL BURIED FITTINGS AND VALVES SHALL BE WRAPPED IN POLYETHYLENE TUBING IN ACCORDANCE WITH AWWA STANDARD C 105 METHOD A. CONCRETE THRUST BLOCKS SHALL BE INSTALLED AT ALIL HORIZONTAL AND VERTICAL BENDS, TEES, VALVES AND CAPS, ETC. THE FITIING WITH THRUST BLOCKS SHALL NOT BE BACKFILLED UNTIL THE CONCRETE HAS BEEN GIVEN SUFFICIENT TIME TO CURE. 17. SEPARATION BETWEEN THE SANITARY SEWER MAIN AND WATER MAINS SHALIL BE MAINTAINED AT 10-FEET EXCEPT AT SPECIFIED CROSSINGS. 18. ALL TRENCHES SHALL BE COMPACTED TO 95% AS DETERMINED BY AASHTO T-99. WATER REQUIRED FOR MOISTURE CONDITIONING OF BACKFILL MATERIAL CAN BE OBTAINED BY CONTACTING THE DISTlRICT. ALL NECESSARY COMPACTION TESTING SHALL BE COMPLETED THROUGH A CERTIFIED SOILS LAB. A COPY OF THE COMPACTION TEST RESULTS SHALL BE PROVIDED TO THE DISTRICT DURING THE COURSE OF THE PROJECT. 19. ALL WATER SERVICES SHALL BE 1-INCH TYPE K COPPER UNLESS OTHERWISE APPROVED BY THE DISTlRICT OR NOTED ON THE PLANS. 20. UTILITY TRENCHES FOR ALL UTILITIES ABOVE OR WEST OF THE ROBERTSON DITCH SHALL BE OVER-EXCAVATED ONE (1) FOOT BELOW THE LOWEST UTILITY. 21. ALL WATERLINE ABOVE OR WEST WEST OF THE ROBERTSON DITCH IS TO BE CLASS 52 DUCTILE IRON PIPE INSTALLED WITH "FIELD LOK" GASKETS AND MUST BE POLY-WRAPPED. GRADING NO'IES 1. ALL GEOTECHNICAL REPORTS PREPARED FOR THE ROSE RANCH/IRONBRIDGE SITE SHALL BE FOLLOWED PER HP GEOTECH'S RECOMMENDATIONS. THESE REPORTS INCLUDE HP GEOTECH REPORT NO'S: 105 115-5 DATED JULY 8TH, 2005; JOB NO. 105 115-4 DATED MAY 31ST, 2005; 2. ALL ORGANIC MATTER SHALL BE REMOVED FROM FlLL AREAS. 3. ALL FILL AREAS SHALL BE COMPACTED IN ACCORDANCE WITH THE GEOTECHNICAL ENGINEER'S RECOMMENDATIONS. 4. CERTIFIED WEED FREE EROSION CONTROL BALES (PER GARFIELD COUNTY) OR SILT FENCE SHALL BE PLACED AT THE TOE AND DRAINAGE OUTFALL POINTS OF ALL SLOPES 3: 1 OR STEEPER TO PREVENT SILTATION ON STREETS. REFER TO STORMWATER MANAGEMENT PLAN FOR DETAIL AND LOCATION OF EROSION CONTlROL MEASURES. 5. CONTRACTOR SHALL COMPLY WITH ALIL LOCAL, COUNTY AND STATE REGULATlONS PERTAINING TO GRADING, DUST AND EROSION. 6. ALL DISTURBED AREAS SHALL RE-SEEDED, MULCHED OR SODDED AS PER GARFIELD COUNTY CRITERIA. 7. AT ALL TIMES, THE PROPERTY SHALL BE MAINTAINED AND/OR WATERED TO PREVENT WIND-CAUSED EROSION. EARTHWORK OPERATIONS SHALL BE DISCONTINUED WHEN FUGITIVE DUST SIGNIFICANTLY IMPACTS ADJACENT PROPERTY. IF EARTHWORK IS COMPLETE OR DISCONTlNUED AND DUST FROM THE SITE CONTINUES TO CREATE PROBLEMS, THE OWNER/DEVELOPER SHALL IMMEDIATELY INSTITUTE MITIGATIVE MEASURES AND SHALL CORRECT DAMAGE TO ADJACENT PROPERTIES. 8. ALL SllRUCTURES LOCATED WITHIN THE IRONBRIDGE PUD SHALL HAVE ENGINEERED FOUNDATIONS. BASEMENTS SHALL BE ALILOWED ONLY WHERE SAFE, AS DETERMINED BY A LICENSED COLORADO ENGINEER. 9. AT OR PRIOR TO THE CLOSING OF EACH LOT WITHIN THE IRONBRIDGE PUD, A WAIVER OF CLAIMS AGAINST GARFIELD COUNTY SHALIL BE EXECUTED AND DELIVERED TO THE GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BY EACH PURCHASER/OWNER OF THE PROPERTY FOR ANY AND ALL CLAIMS PERTAINING TO THE FOLLOWING: A. FOUNDATION BREAKS RESULTING FROM COLLAPSIBLE UNDERLYING GEOLOGY AND HIGHLY PERMEABLE SOILS AND THE EFFECTS OF IRRIGATING THE GOLF COURSE AND LAWNS. B. BREAKAGE OF POND LINERS RESULTING FROM UNDERLYING HYDROCOMPACTIVE SOILS. C. POTENTIAL GROUND SUBSIDENCE IN THE MAJORITY OF THE ALLUVIAL FANS WHERE DEVELOPMENT IS PROPOSED RESULTING FROM SINK HOLES, GROUND FISSURING AND PIPING SOIL DISSOLUTION; AND D. GROUND SETTLEMENT AND SUBSIDENCE IN RESIDENTIAL AREAS SURROUNDING PONDS WITHIN THE ALILUVIAL FAN AREAS DUE TO SEVERE WETTING OF HYDROCOMPACTIVE SOILS FROM POND LEAKAGE. 10. CONTRACTOR SHALL MAINTAIN DRAINAGE/OVERFLOW PATHS BETWEEN HOUSES AT ALL TIMES. 11. OVEREXCAVATION OF ONE FOOT BELOW THE LOWEST UTILITY IS REQUIRED ON ALL ROADWAY SECTIONS ABOVE ROBERTSON DITCH. 12. CONTRACTOR SHALL ESTABLISH AND MAINTAIN VEHICLE TlRACKING PADS AT ALL CONSTlRUCTION ACCESSES. 13. ALL DRAINAGE SWALES MUST BE A MINIMUM 4% SLOPE AS REQUIRED IN THE SOILS REPORT. SANITAIRY SEWER NO'IES 1. ALL SANITARY SEWER CONSTlRUCTION SHALL CONFORM TO THE ROARING FORK WATER AND SANITATION DISTlRICT SPECIFICATIONS AND STANDARDS. 2. SEWER MAINS SHALL BE PVC, ASTM D-3034, SDR 35 BELOW OR EAST OF THE ROBERTSON DITCH, ALL OTHER YELLOWMINE OR APPROVED EQUAL SHALL BE INSTALLED ABOVE OR WEST OF THE ROBERTSON DITCH THE FIRST MANHOLE BELOW THE DITCH. 3. SEWER LINES SHALL BE 10.00 FEET FROM WATER LINES EXCEPT WHEN CROSSING EACH OTHER. SEWER LINES WHICH CROSS LESS THAN 1.50 FEET VERTICALLY FROM THE WATER MAIN SHALL BE ENCASED IN CONCRETE AS PER ROARING FORK WATER AND SANITAION DISTlRICT STANDARD AND SPECIFICATIONS. USE RUBBER GASKETS FOR PVC ENCASEMENT. 4. THE CONTRACTOR AND SURVEY CREW SHALL VERIFY ELEVATIONS OF EXISTING SEWER LINES AND MANHOLES TO BE TIED TO PRIOR TO CONSTRUCTION OR STAKING OF SANITARY SEWER. 5. NO UNDERDRAIN SYSTEM WILL BE ALLOWED TO BE PLACED IN MAINLINE OR SEWER SERVICE TlRENCHES. 6. SEWER SERVICE TEES FOR EACH UNIT SHALIL BE STAKED BY A SURVEY CREW AND FURNISHED AND INSTALLED BY THE CONTlRACTOR. THE CONTlRACTOR SHALL FURNISH TO THE ENGINEER "AS CONSTlRUCTED" LOCATlON OF TEES. SEWIER WYES SHALL BE USED RATHER THAN TEES. 7. ALL MANHOLES SHALL BE 48-INCHES IN DIAMETER WITH 24-INCH RING AND COVER, ECCENTRIC CONE UNLESS OTHERWISE SPECIFIED. THE FIRST STEP SHALL BE NO MORE THAN 18" DOWN FROM TOP. B. AT LEAST FIVE (5) DAYS PRIOR TO THE START OF CONSTRUCTION, A PRE-CONSTlRUCTION MEETING WILL BE HELD AT THE OFFICE OF THE DISTRICT ENGINEER AND ATTENDED BY THE CONTlRACTOR AND REPRESENTATlVES OF THE OTHER APPROVING AGENCIES. IT WILL BE THE RESPONSIBILITY OF THE CONTlRACTOR TO CONTACT THE DISTRICT ENGINEER TO SCHEDUUE THIS MEETING. 9. ALL PIPE LENGTHS ARE APPROXIMATE. 10. THE CONTRACTOR SHALL HAVE IN HIS POSSESSION AT ALL TIMES ONE (1) SIGNED COPY OF THE PLANS Wl-llCH HAVE BEEN APPROVED BY THE ROARING FORK WATER AND SANITATION DISTRICT AND THE DISTRICT ENGINEER. 11. ALL MANHOLES SHALL HAVE SHAPED INVERTS. 12. ALL SEWER LINES SHALL BE TESTED IN ACCORDANCE WITH THE ROARING FORK WATER AND SANITATION DISTlRICT STANDARDS AND SPECIFICATIONS PRIOR TO ACCEPTANCE OR ANY CONNECTION TO AN EXISTING SEWER LINE. 13. PRIOR TO STARTING WORK WHERE SEWER MAIN IS TO BE INSTALLED INTO EXISTlNG DISTRICT SEWER SYSTEMS, THE NEAREST MANHOLE TO THE POINT OF TIE-IN SHALL BE PLUGGED WITH A PLUMBER'S PLUG ON THE INLET SIDE BY THE CONTRACTOR. THIS PLUG SHALL REMAIN IN PLACE UNTIL PRELIMINARY ACCEPTANCE BY THE DISTRICT. ITS PURPOSE SHALL BE TO PREVENT ANY MUD, WATER OR OTHER MATERIALS FROM ENTERING THE LINE DURING CONSTRUCTlON. THE CONTlRACTOR SHALL BE RESPONSIBLE FOR PUMPING AND CLEANING THESE MANHOLES AND REMOVING THE PLUG WHEN SO INSTRUCTED BY THE DISTlRICT. 14. PRIOR TO PROBATIONARY ACCEPTANCE WALK-THROUGH AND TELEVISIONING MAIN LINES, THE CLIENT SHALL JET CLEAN THE ENTIRE SANITARY SEWER SYSTEM AND PUMP OUT AT THE PLUGGED MANHOLE. 15. RESTRAINED PIPE SHALL BE USE ABOVE THE ROBERTSON DITCH. SDR PVC PIPE CAN BE USED BELOW THE ROBERTSON DITCH. 16. ALL MATERIALS AND WORKMANSHIP SHALL BE SUBJECT TO INSPECTION BY THE DISTRICT. THE DISTlRICT RESERVES THE RIGHT TO ACCEPT OR REJECT ANY MATERIALS AND WORKMANSHIP THAT DOES NOT CONFORM TO ITS STANDARDS AND SPECIFICATIONS. 17. ALL SERVICE LINE CONNECTIONS TO THE NEW MAIN SHALL BE ACCOMPLISHED WITH FULL BODY WYES OR TEES. TAPPING SADDLES WILL NOT BE ALLOWED. 18. ALL TlRENCHES SHALL BE COMPACTED TO 95% AS DETERMINED BY AASHTO T-99. CONTlRACTOR SHALL BE REQUIRED TO PERFORM ALL NECESSARY COMPACTlON TESTS THROUGH A CERTlFIED SOILS LAB. A COPY OF THE COMPACTION TEST RESULTS SHALL BE PROVIDED TO THE DISTlRICT DURING THE COURSE OF THE PROJECT. 19. A MINIMUM 10-FOOT SEPARATION SHALL BE MAINTAINED AT ALL TIMES BETWEEN WATERLINES AND SEWERLINES (EXCEPT AT SPECIFIC CROSSINGS). 20. ALL SANITARY SEWER SERVICES TO BE 4• PVC SDR-35 UNLESS OTHERWISE SPECIFIED. 21. SEWER SERVICE STUB-OUTS SHALIL EXTEND 14-FEET BEYOND THE PROPERTY LINE AND SHALL BE GLUE-CAPPED AND MARKED WITH A 2X4 POST PAINTED GREEN. 22. NO SERVICE LINES SHALL BE CONNECTED DIRECTLY INTO MANHOLES. 23. THE INVERT CHANNEL FOR DEAD-END MANHOLES SHALL BE A MINIMUM 3 FEET OF THE LENGTH THROUGH THE MANHOLE BASE TO FAOLITATE TESTING AND ACCESS FOR THE DISTRICT'S MAINTENANCE EQUIPMENT . 24. OVEREXCAVATION OF ONE FOOT BELOW THE BASE OF ALL SANITARY SEWER MANHOUES IS REQUIRED ABOVE THE ROBERTSON DITCH. 25. UTILITY TRENCHES FOR ALL UTILITlES ABOVE OR WEST OF THE ROBERTSON DITCH SHALL BE OVER-EXCAVATED ONE (1) FOOT BELOW THE LOWEST UTILITY. 26. ALL SANITARY SEWER LINES SHALL BE VIDEO TAPED. z 0 Ui ~ 0: ci z • 0 z - PROJECT NO. 214-1026.00 CS2 BYNO.DATE BY P R O J E C T N O . OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISION HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 2 1 4 1 0 2 6 . 0 0 F P L A T 1 FINAL PLAT GARFIELD COUNTY, COLORADO IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE III - FILING 1 MRL RPK 7-2-15 FINAL PLAT BYNO.DATE BY P R O J E C T N O . OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISION HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 2 1 4 1 0 2 6 . 0 0 F P L A T 2 FINAL PLAT GARFIELD COUNTY, COLORADO IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE III - FILING 1 MRL RPK 7-2-15 FINAL PLAT BYNO.DATE BY P R O J E C T N O . OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISION HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 2 1 4 1 0 2 6 . 0 0 F P L A T 3 FINAL PLAT GARFIELD COUNTY, COLORADO IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE III - FILING 1 MRL RPK 7-2-15 FINAL PLAT BYNO.DATE BY P R O J E C T N O . OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISION HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 2 1 4 1 0 2 6 . 0 0 F P L A T 4 FINAL PLAT GARFIELD COUNTY, COLORADO IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE III - FILING 1 MRL RPK 7-2-15 FINAL PLAT BYNO.DATE BY P R O J E C T N O . OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISION HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 2 1 4 1 0 2 6 . 0 0 F P L A T 5 FINAL PLAT GARFIELD COUNTY, COLORADO IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE III - FILING 1 MRL RPK 7-2-15 FINAL PLAT BYNO.DATE BY P R O J E C T N O . OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISION HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 2 1 4 1 0 2 6 . 0 0 F P L A T 6 FINAL PLAT GARFIELD COUNTY, COLORADO IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE III - FILING 1 MRL RPK 7-2-15 FINAL PLAT J:\SDSKPROJ\206\1064DEN\DWG\Prelim Pl1ms\GR-O.dwg, GRO, 7/212015 10:01:27 AM ~-.....--;.~ -:..-~ ....... ~------:---------~~ / ;,~-~/ ~i;I Ci) ~ {:J'/ I / I I '( I I \ " \ I 1 f\V I .1 \ v \ \ /1 \ \ \ \ I 1111 I \,\ I \ I J/il/ I \\\ . I JI I! I /'' /'I/ I 1// . I / ' I/ //! --, I I I I I J '/ I I I ;, I I I ---i I I/ I ~-=--=-~ / 1, :==:::j /1 11 I I I I . -I -===~ Yi /) ' I ::,-1 , /// _.., I 1-----t I I I I _J N -u -;o to e -fT1 0 0 N -; Ol z 0 0 0 . BLUE: HERON PROPERTIES, LLC GARFIELD COUNTY, COLORADO IRONBRIDGE P.U.D. PHASE III • FILING 1 OVERALL GRADING PLAN C) /0 I ~ I I HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 9456676 ·FAX (970) 945-2555 WWW.HCENG.COM I I I I I I I I I I I I '-J Q') (J1 ~ $1'1 t'-J :--" ~ . . . . rrl)> (") z \Jo -co -l)> ~8 Dr O " ,.,~ Qo • Ir oz er z o ~~ zz 1'1r 0--i <m Ul ~ ~ ~~ Ul 0 ;;::: :;o )> :;o ;d . > o:;o >~ ro c -u >~ o -)> C'"' rrl(J) rrl Zo -I •->~ z-(") ~ c~ o Ulz -;O -;O -; ;;::: :;o ~> ,,,:;o z 0 ~ >> ~ ....... 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(/) DRAWN BY: NO.I DATE: RAB CHECKED BY: MRL DATE: 7/2/2015 FILE: GRO I I C) /0 I I I I I ~ -· o~ c ~ " z II '1 M ~ '" 0 el 0 ~ -r+ N 8 0 g 0 -~ 8 :i> '"d ::r:: ~ 0 Ul § ~ § r tr1 REVISION C) /0 I ~ < fT1 :::0 :::0 )> G) 0 fT1 z -0 • G) c -0 I • r )> z t\ "'""''" cs> w cg BY CALL UTILITY NOTIFlCATION CENTER OF COLORADO 1-800-922-1987 OR 534 • 06700 IN METRO DENVER CALL 2·BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES \ \ 1\ \ \ / --I ........ -"" - -- - - i-·-i ---- -5620 - 56201- • -5500-- 5500,-- @; ®. @e= @ .... @ KEYMAP . 1"=500' SCALE. GRAPHIC SCALE 200 i 'j~~~I ( IN FEET ) -50 ft. 1 inch PROPERTY LINE NG CONTOUR EXISTI PROPOSED CONTOUR LOT LINE STREET ROW OF PAVEMENT SHOULDER, FLOWLINE, EDGE CENTERLINE PROPOSED ASPHALT FLOW DIRECTION MAJOR CONTOUR EXISTING CONTOUR EXISTING MINOR CONTOUR PROPOSED MAJ~: CONTOUR PROPOSED MIN WASHOUT AREA CONCRETE ET PROTECTION INL OUTLET PROTECTION SILT FENCE TR ACKING CONTROL VEHICLE @ . ·. @l~w·'·w·'· SURFACE ROUGHENING G & MULCHING SEEDIN @~ - CONTROL BLANKET EROSION • 6 00' x 1.31 6.00 x . • TYPE L RIPRAP z 0 Ui ~ UJ ~ 0 • 0 z - PROJECT NO. 214-1026.00 GRI ....... ..... -- -- -- -- -- ·~ • I -~ Id --o I~ KEYMAP CALE. 1 "=500' s . I RlfN) -------5620 - PROPERTY LINE EXISTING CONTOUR 5620-- • -5500 - 5500- - PROPOSED CONTOUR LOT LINE STREET ROW FLOWLINE, SHOULDERSHOULDER EDGE OF CENTERLINE ED ASPHALT PROP OS FLOW DIRECTION R CONTOUR EXISTING MAJO CONTOUR EXISTING MINOR MAJOR CONTOUR PROPOSED MINOR CONTOUR PROPOSED WASHOUT AREA CONCRETE INLET PROTECTION PROTECTION OUTLET SILT FENCE VEHICLE TRACKING CONTROL L BLANKET ~ EROSION CONTRO ~ J G & MULCHING ~ "' "' "' SEEDIN ~ I "' "' "' ~ ACE ROUGHENING @) SURF EL 6.00' X 6.00' X 1.31' TYP • RIP RAP w !< 0 0 z 0 () :::i !() - PROJECT NO. 214-1 028.00 GR2 --·. -- -1 ,--I I I I I I I I I U'l ____ _ I I I I I I I I I I I I I -------, I I I I I I I I I I I I _J \ ·. . \ \ \ : ., I 11 I I I ---~ KEYMAP CALE. 1 "=500' s . LECEND PROPERTY LINE CO NTOUR EXISTING -5620 -PROPOSED CONTOUR 5620 -- -LOT LINE ~--...111 -5 5 00 - 5500- ~ ®. @e= STREET ROW OF PAVEMENT WUNE EDGE SHOULDER, FLO • CENTERLINE PROPOSED ASPHALT FLOW DIRECTION MAJOR CONTOUR EXISTING CONTOUR EXISTING MINOR AJOR CONTOUR PROPOSEE~ ~INOR CONTOUR PROP OS OUT AREA CONCRETE WASH INLET PROTECTION T PROTECTION OUTLE ~ --~ -CONTROL VEHICLE TRACKING @ SURFACE ROUGHENING SILT FENCE ~1:.:.:. <@)~ • & MULCHING SEEDING L BLANKET EROSION CONTRO 6 00' x 1.31 6.00' x . , TYPE L RIPRAP w !< 0 0 z Ill - PROJECT NO. 214-1 028.00 GR3 1 i n c h = f t . ( I N F E E T ) G R A P H I C S C A L E 5 0 R I V E R B E N D W A Y S T A 3 8 + 1 9 . 9 9 T O 4 2 + 8 4 . 2 1 S C A L E : 1 " = 5 0 ' H O R I Z O N T A L 1 " = 5 ' V E R T I C A L R I V E R B E N D W A Y - F I L I N G 1 - ' ; / # 2 5 % # . ' (+. + 0 ) (+. + 0 ) BYNO.DATE BY P R O J E C T N O . OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISIONHIGH COUNTRY ENGINEERING, INC. PHONE (970) 945-8676 - FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 2 1 4 - 1 0 2 6 . 0 0 Blue Heron Properties, LLC Garfield County, Colorado Ironbridge P.U.D. Phase III - Filing 1 RAB MRL 7/2/2015 PPRD1 P P R D 1 1 i n c h = f t . ( I N F E E T ) G R A P H I C S C A L E 5 0 B L U E H E R O N D R I V E S T A 6 0 + 5 0 . 0 0 T O 7 1 + 5 1 . 7 8 S C A L E : 1 " = 5 0 H O R I Z O N T A L 1 " = 5 V E R T I C A L B L U E H E R O N D R I V E - F I L I N G 1 - ' ; / # 2 5 % # . ' (+. + 0 ) (+. + 0 ) BYNO.DATE BY P R O J E C T N O . OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISIONHIGH COUNTRY ENGINEERING, INC. PHONE (970) 945-8676 - FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 2 1 4 - 1 0 2 6 . 0 0 Blue Heron Properties, LLC Garfield County, Colorado Ironbridge P.U.D. Phase III - Filing 1 RAB MRL 7/2/2015 P P R D 2 BLUE HERON DRIVE P&P Sta 60+50.00 To 71+51.78 PPRD2 1 i n c h = f t . ( I N F E E T ) G R A P H I C S C A L E 5 0 RIVER B E N D W A Y - F I L I N G 2 R I V E R B E N D W A Y S T A 7 5 + 5 0 . 0 0 T O 8 8 + 0 0 . 0 0 S C A L E : 1 " = 5 0 H O R I Z O N T A L 1 " = 5 V E R T I C A L - ' ; / # 2 5 % # . ' (+. + 0 ) (+. + 0 ) BYNO.DATE BY P R O J E C T N O . OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISIONHIGH COUNTRY ENGINEERING, INC. PHONE (970) 945-8676 - FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 2 1 4 - 1 0 2 6 . 0 0 Blue Heron Properties, LLC Garfield County, Colorado Ironbridge P.U.D. Phase III - Filing 1 RAB MRL 7/2/2015 PPRD3 P P R D 3 1 i n c h = f t . ( I N F E E T ) G R A P H I C S C A L E 5 0 R I V E R B E N D W A Y - F I L I N G 2 R I V E R B E N D W A Y S T A 8 8 + 0 0 . 0 0 T O 9 0 + 2 1 . 0 1 S C A L E : 1 " = 5 0 H O R I Z O N T A L 1 " = 5 V E R T I C A L - ' ; / # 2 5 % # . ' (+. + 0 ) (+. + 0 ) BYNO.DATE BY P R O J E C T N O . OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISIONHIGH COUNTRY ENGINEERING, INC. PHONE (970) 945-8676 - FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 2 1 4 - 1 0 2 6 . 0 0 Blue Heron Properties, LLC Garfield County, Colorado Ironbridge P.U.D. Phase III - Filing 1 RAB MRL 7/2/2015 PPRD4 P P R D 4 1 i n c h = f t . ( I N F E E T ) G R A P H I C S C A L E 5 0 R I V E R B E N D W A Y S T A 4 5 + 5 0 . 0 0 T O 5 6 + 9 2 . 5 6 S C A L E : 1 " = 5 0 H O R I Z O N T A L 1 " = 5 V E R T I C A L R I V E R B E N D W A Y - F I L I N G 1 - ' ; / # 2 5 % # . ' (+. + 0 ) (+. + 0 ) BYNO.DATE BY P R O J E C T N O . OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISIONHIGH COUNTRY ENGINEERING, INC. PHONE (970) 945-8676 - FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 2 1 4 - 1 0 2 6 . 0 0 Blue Heron Properties, LLC Garfield County, Colorado Ironbridge P.U.D. Phase III - Filing 1 RAB MRL 7/2/2015 P P R D 5 P&P Sta 45+50.00 To 56+92.56 PPRD5 1 i n c h = f t . ( I N F E E T ) G R A P H I C S C A L E 5 0 L O N G S H A D O W L A N E S T A 9 5 + 5 0 . 0 0 T O 9 9 + 8 7 . 5 1 S C A L E : 1 " = 5 0 H O R I Z O N T A L 1 " = 5 V E R T I C A L L O N G S H A D O W L A N E - F I L I N G 2 - ' ; / # 2 5 % # . ' (+. + 0 ) (+. + 0 ) BYNO.DATE BY P R O J E C T N O . OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISIONHIGH COUNTRY ENGINEERING, INC. PHONE (970) 945-8676 - FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 2 1 4 - 1 0 2 6 . 0 0 Blue Heron Properties, LLC Garfield County, Colorado Ironbridge P.U.D. Phase III - Filing 1 RAB MRL 7/2/2015 P P R D 6 P & P Sta 95+00.00 To 99+87.51 PPRD6 1 i n c h = f t . ( I N F E E T ) G R A P H I C S C A L E 5 0 R E D B L U F F C I R C L E S T A 1 1 0 + 5 0 . 0 0 T O 1 1 2 + 7 0 . 9 6 S C A L E : 1 " = 5 0 H O R I Z O N T A L 1 " = 5 V E R T I C A L R E D B L U F F C I R C L E - F I L I N G 2 - ' ; / # 2 5 % # . ' (+. + 0 ) (+. + 0 ) BYNO.DATE BY P R O J E C T N O . OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISIONHIGH COUNTRY ENGINEERING, INC. PHONE (970) 945-8676 - FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 2 1 4 - 1 0 2 6 . 0 0 Blue Heron Properties, LLC Garfield County, Colorado Ironbridge P.U.D. Phase III - Filing 1 RAB MRL 7/2/2015 P P R D 7 P&P Sta 110+50.00 To 112+70.96 PPRD7 ---------- e I .;> ~ '1 ' ' ~ ' IRONBRIDGE P.U.D. --------------'<} ...---...---, \ \ -i'19 -- a ----\ ,..----\ '( .?a \ \ \ \ I ---j_ ------"' 100 0 I I --- GRAPHIC SCALE ,. 100 200 I I I ( IN FEET ) 1 ll!ch = 100 ft. BENCHMARK: USGS BENCHMARK Q-158 ELEVATION = 5957.45 NAVO 1929 ~ ... I NOTE: LEGEND --1EX-OE EXISTING OVERHEAD ELECTRIC --uE PROPOSED UNDERGROUND ELECTRIC LINE --1•• EXISTING IRRIGATION ~ PROPOSED TYPE 13 COMBINATION INLET EXISTING ASPHALT PROPOSED ASPHALT - - - -EXISTING BOUNDARY LINE -----------------PROPOSED EASEMENT ---------EXISTING EASEMENT --Ere EXISTING BURIED ELECTRIC, TELEPHONE AND CABLE TV --o--EXISTING BURIED GAS LINE --iO"w EXISTING 10" WATER LINE --B"w EXISTING 8" WATER LINE ------<ss EXISTING SEWER LINE --o"FM EXISTING 6" FORCE MAIN SEWER --•"FM EXISTING 4" FORCE MAIN SEWER --10"W PROPOSED 10" WATER LINE --rrw PROPOSED a· WATER LINE am PROPOSED B" SANITARY SEWER nu PROPOSED 4" FORCE MAIN SEWER ---i:Z PROPOSED SAN SEWER SERVICE ---~ PROPOSED WATER SERVICE ~ PROPOSED AIR VAC VALVE PROPOSED UTILITY CONDUIT PROPOSED STORM SEWER AND MANHOLE ~ EXISTING FIRE HYDRANT ~ PROPOSED FIRE HYDRANT WI l><I EXISTING WATER VALVE "" .... PROPOSED WATER VALVE -EXISTING SAN SEWER MANHOLE • PROPOSED SAN SEWER MANHOLE "" t@) PROPOSED FORCE MAIN CLEANOUT ~ EXISTING FORCE MAIN CLEANOUT • EXISTING ELECTRIC TRANSFORMER @ PROPOSED CURB STOP LOCATION ® 0 EXISTING STORM SEWER AND MANHOLE PIPE DEPRESSION 1. CONlRACTOR TO FIELD VERIFY LOCATIONS OF EXISTING UTILITY MAINS AT CONNECTION POINTS. 2. WATIER MAIN STATIONING AND OFFSETS ARE BASED ON ROAD CENTERLINE. 3. ALL WATIER CURB STOPS LOCATIED IN PAVED AREAS WILL REQUIRE A lRAFFlC RA TIED COVER. 4. DO NOT CREATIE A HIGH POINT IN TlHE WATIERLINE ALONG LONG SHADOW LANE & RED BLUFF CIRCLE. TlHIS WILL ELIMINATIE TlHE NEED FOR AN AIR RELEASE VALVE. z 0 Ui ~ Cl: ci z • 0 z - Ill - uo z ...J 0 -:~ci .. ~ 139 •C)D. ~o =! ~ ~ Cl: u a. w -~!".'~II. = Cl: z c.:. :5 0.. :i -o--~u ~ w ffi 159~~~ :r: !!:! ::c gill:!D.;:s .J <( rot9 PROJECT NO. 214-1026.00 MUO ~ / \ // \ "\'--........_ / \ \ ( \ I \ \ I \ I \ \ I \ \ I c.o \\ \ ----\ f-.._ .._ .._ .._ .._ 29.13 LF. 6" D.l.P.)\/\ I .._ .._ / $$ FIRE HYDRANT ASSEMBLY No. 9 01 { W/ 6" GATE VALVE ..._ --/ .f: ;sx , \ \ \ \ 29.13 L.F. 6" DIP Oo STA: 95+00.00N16.02 R . CD IBSSMH-57 ---\ -------__.... t ---DEPRESS WATERLINE r-- \ \ \ \ -.-T.O.P. 5921.83 -- / / -/ < \ \ \ \ \ \ \ 4.¢ DEPRESS WATERLINE / T.O.P. 5922.00 8" 45• BEND 8" x 6" REDUCER STA: 95+19.96 -5.00 L BURY EXISTING OVERHE D ELECTRIC LI TO EXISTING ELECTRIC TRA SFORMER VAUL 10" GATE VALVE W/ 8" REDUCER FIRE HYDRAN END CURVILINEAR PIPE STA 89+93.90N7,00 R 51.92 L.F. 10" D.l.P. TIE TO EXISTING 10" WATER C'VIC'T1t.i..lr-1 ti• f"' A TC' \JA I \JC' ~ N CONCRETE ENCASEMENT 20.00 L.F. EXISTING OVERHEAD ELECTRIC I / FILING 2 AREA 8" GATE VALVE I I I I ~~ I I ::::::.._ ~ INSTALL CONDUIT RISER TO EXISTI ELECTRIC POLE ........._ IBSD FES-3 I I // c:;; 1 ; 1 1 1 !·80 LF. / / 8"x8"x8" TEE / ~ / j 8 D.l.P STA: 97+89. 78N5,00 L I +:>-I 1 o 5 .01 L.F. / 8" GATE VALVE f UNDERGROUND \18" R.C.P. STA: 98+03.53N5,00L I I /ELECTRIC TRENCH STA: 97+74.97N5.00 L IBSDMH-2 I I ~ 102.11 LF. / /FIRE HYDRANT ASSEMBLY No. 8 1/ 8" D.l.P. / w/ 5• GATE VALVE 8"x8"x8" TEE / / ' 10" 11.25" BEND 12.0D L.F. 6" DIP w/ 6" REDUCER STA: 83+75•17 / STA: 83+14.48N19.oo R 7 STA: 98+93.05N5,00 ~ I N5,87R J_, DEPRESS WATERLINE FIRE HYDRANT ASSEMBLY No. 8 TOP EL 5922.70 I W/ 6" GATE VALVE . --10• 22.5" BEND 11.6 L.F. 6" DIP 146.11 LF. VT VT ST A: 82+ 79.83N8,32R STA: 98+92.88N17.00 L -18" R.C.P. 252.98 L.F. Ss END CURVILINEAR PIPE J ss ~+-• -,;z-+-i __ 1_o"ue:DIP 41.22 LF. .T -- 8" DIP / 1 O" 22.5· BEND~ 100.40 LF. STA: 84+61.96 18" R.C.P. N11.15R 83+00 10.00 LF. 1 O" D.l.P 42.10 L.F.-~.L 1o"x1o•x10• TEE W/ 8" REDUCER >1.ro t·l<J -18" RCP IBSDMH-5 - 171.77 L.F. • c --18 R •• P. IBSSMH-49 I I .S:r 44.00 L.F. 18" R.C.P. I , -........ .......... .......... .......... ......... ST/I,: 85+14.f,1~3.61R IBSSMH-52 "--. 14.85 L.F. 1 O" DIP "--. I 10" GATE VALVE / I .................. /STA: 8o+65.45N7,00 R I ......... / I +:>-/ I ' 10" GATE VALVE STA: 85+29.32N3,0BR 8'xB'x8' ELECTRIC VAULT 98.47 LF. 1 O" DIP IBSDINLET-5 1 O"x1 O"x1 O" TEE W/ 6" REDUCER STA: 86+82.32N7,00 R 1o•x1o•x10• TEE STA: 88+16.25N7,00 R 10.00 L.F. 1 o• DIP 10" GATE VALVE STA: 88+26.35N7.00R BEGIN CURVILINEAR PIPE I 01 /, I • FIRE HYDRANT ASSEMBLY No. 7 / • I W/ 6" GATE VALVE +:>-, 12.0 L.F. 6" DIP / I STA: 80+32.75N19.17 L O':i I I I • I I I • I II II 1.cv !..____-........ I :~ .................. --(/I/_ It.I -~ -yff :~ I • • -................. I • • I KEYMAP SCALE: 1 "=500' NOTES: 1. WATER STATIONING AND OFFSETS ARE BASED ON ROAD CENTERLINE. 2. REFER TO SHEET CS2 FOR ALL UTILITY NOTES. I GRAPHIC SCALE 50 0 25 50 100 200 BENCHMARK: USGS BENCHMARK Q-158 ELEVATION = 5957.45 NAVO 1929 I c-----I I I ( IN FEET ) 1 inch = 50 ft. LEGEND EX-OE EXISTING OVERHEAD ELECTRIC UE PROPOSED UNDERGROUND ELECTRIC LINE IRR EXISTING IRRIGATION ~ PROPOSED TYPE 13 COMBINATION INLET I I EXISTING ASPHALT I PROPOSED ASPHALT ----EXISTING BOUNDARY LINE -----------------PROPOSED EASEMENT ---------EXISTING EASEMENT ETC EXISTING BURIED ELECTRIC, TELEPHONE AND CABLE TV G EXISTING BURIED GAS LINE 10''W EXISTING 1 o• WATER LINE s"W EXISTING 8" WATER LINE SS EXISTING SEWER LINE 8"FM EXISTING 6" FORCE MAIN SEWER •"FM EXISTING 4" FORCE MAIN SEWER 10"W PROPOSED 1 O" WATER LINE B"W PROPOSED B" WATER LINE ... PROPOSED 8" SANITARY SEWER 4"Fll PROPOSED 4" FORCE MAIN SEWER en PROPOSED SAN SEWER SERVICE en :i?l PROPOSED WATER SERVICE le PROPOSED AIR VAC VALVE PROPOSED UTILITY CONDUIT PROPOSED STORM SEWER AND MANHOLE ~ EXISTING FIRE HYDRANT ~ PROPOSED FIRE HYDRANT WV t><l EXISTING WATER VALVE "" M PROPOSED WATER VALVE • EXISTING SAN SEWER MANHOLE • PROPOSED SAN SEWER MANHOLE @ PROPOSED FORCE MAIN CLEANOUT @ EXISTING FORCE MAIN CLEANOUT • EXISTING ELECTRIC TRANSFORMER E> PROPOSED CURB STOP LOCATION so 0 EXISTING STORM SEWER AND MANHOLE ® PIPE DEPRESSION NOTE: 1. CONTRACTOR TO FIELD VERIFY LOCATIONS OF EXISTING UTILITY l.AAINS AT CONNECTION POINTS. 2. WATER MAIN STATIONING AND OFFSETS ARE BASED ON ROAD CENTERLINE. 3. ALL WATER CURB STOPS LOCATED IN PAVED AREAS WILL REQUIRE A TRAFFIC RATED COVER . 4. DO NOT CREATE A HIGH POINT IN THE WATERLINE ALONG LONG SHADOW LANE & RED BLUFF CIRCLE. THIS WILL ELIMINATE THE NEED FOR AN AIR RELEASE VALVE. I z 0 Ui ~ 0: ci z • 0 z - Ill - PROJECT NO. 214-1026.00 MU1 1 o• D.l.P. ~ ,i: I {J/ /; I IBSSMH-48 ~. II I I ::;:::/ • 1 o•x1 o•x1 a• TEE 1 ~ I w/ s· REDUCER JS!,/ I ~ ST;: 78+;3.16 .. 7.00 R ~· I I I ~.• I I I ~ --.1._/ I I ,/ "--I I "--"--'-.!I 11 I I I I I -- 8'x8'x8' ELECTRIC VAULT BURY EXISTING OVERHEAD ELECTRIC LJNE TO UNDERGROUND TRENCH PER DETAIL • • I BENCHMARK: USGS BENCHMARK Q-156 ELEVATION = 5957.45 NAVO 1929 KEYMAP SCALE: 1 "=500' NOTES: 1. WATER STATIONING AND OFFSETS ARE BASED ON ROAD CENTERLINE. 2. REFER TO SHEET CS2 FOR ALL UTILITY NOTES. I GRAPHIC SCALE ~~1-~-~-~r-~~1 ~i-..T------i ( IN FEET ) 1 Inch = 50 ft. LEGEND --EX-o<--EXISTING OVERHEAD ELECTRIC --•uE --PROPOSED UNDERGROUND ELECTRIC LINE --IRR--EXISTING IRRIGATION [!:] PROPOSED TYPE 13 COMBINATION INLET EXISTING ASPHALT PROPOSED ASPHALT - - - -EXISTING BOUNDARY LINE -----------------PROPOSED EASEMENT ---------EXISTING EASEMENT --Ere EXISTING BURIED ELECTRIC, --G-- --10"w-- --a"w-- ----<SS-- --8"FM-- --4"FM-- --10"W-- --a"W-- ----<l!! ----~ !le ------- );t );t w l><l w ~ • • @ @ • ® @ 0 NOlE: TELEPHONE AND CABLE TV EXISTING BURIED GAS LINE EXISTING 10" WATER LJNE EXISTING 8" WATER LINE EXISTING SEWER LINE EXISTING 6" FORCE MAIN SEWER EXISTING 4" FORCE MAIN SEWER PROPOSED 1 O" WATER LINE PROPOSED 8" WATER LINE PROPOSED 8" SANITARY SEWER PROPOSED 4" FORCE MAIN SEWER PROPOSED SAN SEWER SERVlCE PROPOSED WATER SERVlCE PROPOSED AIR VAC VALVE PROPOSED UTILITY CONDUIT PROPOSED STORM SEWER AND MANHOLE EXISTING FIRE HYDRANT PROPOSED FIRE HYDRANT EXISTING WATER VALVE PROPOSED WATER VALVE EXISTING SAN SEWER MANHOLE PROPOSED SAN SEWER MANHOLE PROPOSED FORCE MAIN CLEANOUT EXISTING FORCE MAIN CLEANOUT EXISTING ELECTRIC TRANSFORMER PROPOSED CURB STOP LOCATION EXISTING STORM SEWER AND MANHOLE PIPE DEPRESSION 1. CONTRACTOR TO FIELD VERIFY LOCATIONS OF EXISTING UTILJTY MAINS AT CONNECTION POINTS. 2. WAlER MAIN STATIONING AND OFFSETS ARE BASED ON ROAD CENlERUNE. 3. ALL WAlER CURB STOPS LOCAlED IN PAVED AREAS WILL REQUIRE A TRAFFIC RA lED COVER • 4. DO NOT CREAlE A HIGH POINT IN THE WAlERLINE ALONG LONG SHADOW LANE & RED BLUFF CIRCLE. THIS WILL EUMINAlE THE NEED FOR AN AIR RELEASE VALVE. z 0 Ui ~ Cl: ci z • 0 z - uo ...J 0 Ill - -: ~ c::i .. UlO •C) ~ !!! ..J ::::> z I-0 • J Cl: u a. w -a. 0.. i: 11111. ~z"• t o..:iC---zO 0::-.J ou m 111 j: ffi9z~:> :r: !!! 0 ::c W IL 0:: Q. :i Cl: -..J <( rot9 PROJECT NO. 214-1026.00 MU2 --------------·~ ----- -----I 63.82 L.F. 1 o• D.l.P. -----L L -- ss -- -- I I I I "' 10" 45" BEND STA: 61+56.56 10.07' L / ) /\ / / \ / I / \// l\)\ ( --i ) ( / " ~ISTING WATER / / EXl~NG SANITARY /< SEWER \ ' ' ''(' \ ......-_....__-........ \ \ \ \ \ \\ \ \\ \\ \ ~......-\ \\ \ \ \, k\ v l\) \ \ co \ \ \ \ \ \ \ D \ \ \ \ \ \_ _____ ~ \. D di \ / 7L-- _/ KEYMAP SCALE: 1 "=500' NOTES: 1. WATER STATIONING AND OFFSETS ARE BASED ON ROAD CENTERLINE. 2. REFER TO SHEET CS2 FOR ALL UTILITY NOTES. I GRAPHIC SCALE .. a .. .. "" 200 ~ I I I ( IN FEET ) 1 inoh = 50 ft. LEGEND ElHlE EXISTING OVERHEAD ELECTRIC UE PROPOSED UNDERGROUND ELECTRIC LINE IRR EXISTING IRRIGATION 00 PROPOSED TYPE 13 COMBINATION INLET I I EXISTING ASPHALT I PROPOSED ASPHALT ----EXISTING BOUNDARY LINE ------~------~-PROPOSED EASEMENT ---------EXISTING EASEMENT ETC EXISTING BURIED ELECTRIC, TELEPHONE AND CABLE TV G EXISTING BURIED GAS LINE 1o"W EXISTING 1 O" WATER LINE .. 'N EXISTING 8" WATER LINE SS EXISTING SEWER LINE ...... EXISTING 6" FORCE MAIN SEWER ...... EXISTING 4" FORCE MAIN SEWER 10"W PROPOSED 1 o• WATER LINE rw PROPOSED B" WATER LINE .... PROPOSED 8" SANITARY SEWER ..... PROPOSED 4" FORCE MAIN SEWER !l! PROPOSED SAN SEWER SERVICE ~ PROPOSED WATER SERVICE le PROPOSED AIR VAC VALVE PROPOSED UTILITY CONDUIT PROPOSED STORM SEWER AND MANHOLIE ~ EXISTING FIRE HYDRANT ~ PROPOSED FIRE HYDRANT WV l><I EXISTING WATER VALVE YN H PROPOSED WATER VALVE • EXISTING SAN SEWER MANHOLE • PROPOSED SAN SEWER MANHOLE @ PROPOSED FORCE MAIN CLEANOUT @ EXISTING FORCE MAIN CLEANOUT • EXISTING ELECTRIC TRANSFORMER ® PROPOSED CURB STOP LOCATION 50 0 EXISTING STORM SEWER AND MANHOLE @ PIPE DEPRESSION NOTE: 1. CONTRACTOR TO FIELD VERIFY LOCATIONS OF EXISTING UTILITY MAINS AT CONNECTION POINTS. 2. WATER MAIN STATIONING AND OFFSETS ARE BASED ON ROAD CENTERLINE. 3. ALL WATER CURB STOPS LOCATED IN PAVED AREAS ~LL REQUIRE A TRAFFIC RATED COVER. I IRONBRIDGE PHASE II -PER SEPARATE DOCUMENT ~~:ii~~~M~~~1 ~5 1 ~~vo 1929 4. DO NOT CREATE A HIGH POINT IN THE WATERLINE ALONG LONG SHADOW LANE & RED BLUFF CIRCLE. THIS ~LL ELIMINATE THE NEED FOR AN AIR RELEASE VALVE. z 0 Ui ~ 0: ci z • 0 z - Ill - PROJECT NO. 214-1026.00 MUS I I SS VT "'1-t. ' "'E:f? 7_E: // s • ' E:p-'lf?-'llv1r. I • ;.q ~ -4Rr- / ~ Docu.sE:11tc, h ------~ '41t:1v: 0~ I ~~s "' ,3' "'xo IA. \ k • ~" EXISTING LIFT STATION I SEE AS-BUILT SHEET PPSS8 RIM 5931.77 I INV IN 5912.86 (N) INV OUT 5918.91 (N) >-o e-. J~ \ ,, I W"-' ~ cncn 1 "'~"""'""""""""".,,,. -.1-EXISTING IBSSMH 47 I I I I 0 o.. N ~""-t--l''""'~--11u"v---<>----1D' / VERIFY EXISTING RIM & INVERTS ~ ~ 3 ~~aaia;,a.,±±..:=--j~~t=--=-~i==~-~',,d,__--/-H::Ft,......::__ FIELD# EXISTING SANITAR~-bk;-- - -I I I I I I ____ l __ I ____ l __ I ____ l __ I ___ _ I 1-- --,--,-- --,--,-- --,--,-- --,~I ---. o::~u.. • l ~ ~ fi;~;:::._ ;;:;¢;;:ti 88•15 L.F. I I I I I I I I I a::~ ... I I I I I I I I ~ > 43.37 L.F. I I I I I I I I I I I B" YELLO~~~~ }Jc ~ I ) I I I"-8• YELLOVIMINE PVC I I I I I I I I I I I I / I ll / --- \ J "-....__ " "'-~~·~2J~WMINE PVC J ~~5~~L~~INE PVC J J 400.00 1L.F. 1 J 8" YELLo~J: }Jc h I / / / [ / ~ s~ ,,..,\ I I -;ssMH :; '>v ' ~ -....... --1 I I I L L r 8" YELLow1NE Pvc _J U ' ' 1--,,,.., / ';i;t? / I \ J \STA 70+23.14N4.98' Rf',f: '~ --v1T ss - --VT->--ss-- --VT ss - - -fr-+s - - -VT ss - -~ ~T__.. _,,,,. / ~ // \\ \\, I I I I "->t_,,>-~ ..... / 7 ----1-~ ~ i$' "'< IBSSMH 40 STA 61+91.64N5,93' R I I I '1BSSMH 45 ~,....._....,~~ --.--I ' -.... --~ <, '-.........__ -~"'"'' . "~_;_--" ·· ""-'-, _nn BSJ.rui "~ -'-, _nn " "• ' · 1 _,..,,111 -~ / \ I I STA 69+ 79.45N4,51' R '-..._ --'" •01 "''" 11..o ~ '"' 1 ""' ''"' • ' ~ IBSSMH 41 1 1 , ' "'r ')' J'.r ... \ w \., ~~ '""' /STA 62+68.~6N~4.84' R i I 11 II I ---~;es .. -SS "l SS .. T SS VT SS \ T SS ~. < \ \ I --IBSSMH 42 1 - - --1--1-- - -1-1 - - -T T - - -1 n - - --1--1 -STA 63+50.06N5.54' R .?' \ ~/- ).- / / / I I I I IBSSMH 44 IBSSMH 43 \ ' / I I ~~TA 6~+87.20N3.05' R I I STA 67+50.~4N5~05' R I I I I I I \ \ / / I I I I I I I I I I I I I I \ \v/ I J__ / / ! ! ! ! ! I I I I ! ,,,..,,,,.., , ./ I I I KEYMAP SCALE: 1 "=500' ) GRAPHIC SCALE CENTERLINE PLAN BLUE HERON DRIVE SANITARY SEWER PLAN -FILING 1 i •·• f-i-i--T----i __ , ( lK FEET ) 1 inch = 50 ft. STA: 61 +91.64 TO 70+89.24 ,1-----1----t--r--+---1---+---1--+--+--+---1 ---t--1---+---1---+---+--+---1---t---11---t---1----+--+---+---1---+---1---t------ll---+--r---+--1---+---1---+--;--t---·t------l---1·---+--1---+--~---+--+---+--1----;--1·---+---1---+---t---+---1--+--15960 - ' l---t·---+--~--+---1-. 1---t·---+--~--+---l:r:- l---t ---+--~--+---1-1") . - . . ~ -H----1--t---I -+---+--1 H---1--+---I +--t---1--1+---+-l-H--·l---t---I 11-t---l--rt---+--l-H--·l---t---I -l'--e l-----lt---l ---+---+--+---l---+---l--+---1-----lt---I---+~ ~ ' ' _1-+--l---+---+---+---lll --+---l--t---l ---t---+--''-l--<>,1Ro~os~DGRAD~--+--l-----l--I---+~ 1-+--1---+---+---+---111---1--1----+--1---+---+---+-A.".-'F -I GAEH-"'N'TER IN:::t--+------l--+--1---+-- -l-+--l---+---+---+--+ll --+---1--1--l---t---+---+--l---+---l--+--;---t---lt----t-- -l=+==l==::::J:==l==::::t::=~:11 ==+==:1==::::;~-~::;:::::=1=~.~~j·::;;;;;;;;;d;:::;;;;;:;t.;;::::::=1==::::t::==l==+==~===J:::==ll==:::::t== l-----l ---t--r--+---l--!-1--1---i--•·t----+-i-1+----i---+---I -l-+--l---+---+---+--+ll --+---1--t---l ~U ~o~ ~. -~-~~ u --+---l--+---!-----lt---1---t~ 1---1 ---+--•--+---1--1--1---i--•·1----+-i-1+---i---+---il=l:-:l:j===:l:===t===t==jt==tl'l ===i===:l====t===1l::::i~·lltEvtf:rjS9~~~·--1---+---1--+---•-___,1---•--+~ 1-----1 ---t--r--+---1--+--1---1--r+----+-1--11---1---t---11--1-+--1---+---+---+--+11--+---1--t---1---t---+---+--1---+---1--+--;---t---1t----t-- --· • -- l-JS ii! ~::::t::==l==:t::=:l===J:::==ll ==:::::t=:::::l:=::::J:==~==l===l==+==:l===J:::::::::11 ==:::::t===~=::::J:==l:==l==:I • N -.. • •n -cO ~ . _....,_ t-~~ ......-Q-l===jt===l ===:t===~====t:===it==:::t====l:===t===l====t==:::t===:t====~===t:===l===:::t====l 5955 5950 -~~-l-----lt---l --+--+--+---~--+---l--+---l--t----l--+--~--+---1---+--I 'Ur ~ 5945 -~~~~l-----lt---l ---+---!---+---t---+---l--+---l--t----t--+--r--+---1---+--I - 5940 5935 - ~a~n1---1 ---+--•--+---1--1--1---1--•·t----+-1-1+---1---+---11--1-+--1---+---+---+--+11 ---+---1--1---1 ---+---+--+---1---+---1---+--•---+---1t----+----+---l---+l -+--~---+--·t-Hl-l---l ---+--l---+----f---+---l---+---l---l---ll ---+---l---+--->----+---l---+--15930 l---t ---+--~--+---l--1--1---l--•·t----+-l-l+---l---+---ll--l-+--l---+---+---+--•-ll ---+---l--t--l ---+---+--+---l---+---l---+--•---t--lt----+--=~Eiitil"NE:eY!~:E:::J:=::=t=::::EEl==E=::=1==:::E:::::1:::::::i:=::::1:::==i:::::::f=::=t=::::1:::::=E=::=1==:::E::::3:::::::i:=::::•E=:::JE::::l =::=t=::::1 i===~===~===:~===t===i=+-1---~1-------11-------~•1-1-_-_-+~----11-H---1---t---11--1-+--1---+---+---+--+t1 --+---1--t---1 ---t---+---+--1---+---1--+--;---t---1t----t---S!!...~~Qw~N· -l---t ---+--~--+---1 ,. 1-----1 ---t--r--+---1 ,. J\~-i1.1 1::1~ :..Si-A" GN--+--1 l-+--l---+---+---+--i"\l ---+---l--t--1 ---+---t-~ •I I -~oo-e -b·~~.+---1---+---1----+--1---+---l::::t==:a-1!:~¥1'--~bl:-b µWMllSI. t-PVC -0. aOO -l--1---1-->·l----+-l-l+--·l---+---I -1--1---1--•·t----+-I-~ - -+--t---1--~+----+-I-. H---189,7-2 i-t-0 ·1 0 10 L-o • -+--1---1--~+----+-I-CQ:5_ 0-'L:: -@ -~.§00 ' --+--t---1-' ' ' ' ' ' .._._.1/. L .. "" -u. ' a -ttn\AAli I ' r- • -s-1:.-. " . . -. -• ·~ . • • " • -k"11· • • • ' -- r • • • • " • - .. .. -· - -. -• • .- ... . . . . U • ' • "".. • I I I ... II -I -7-A; F~. -+I it-0.5 -.. . -· • • .. . -• .. MC ' u ~ 7•~06~.--l---+---l---+---l--+---l-----lt---l --+--l---+---l---+---l--+---1--1---I .o.O:O.,~ ..• +---1---1--1·---+--<---+---t---+---1--+---1---t----1·---+--t---+---1---+--1 5925 5920 5915 ~q 1 n1---1 ---+--•--+---1---+---1---+--+--+---1 ---+--1---+---1---+---+---+---1---+---11---+---1----+---+---+---1---+---1---+------l1---+--•---+--1---+---1---+--~--+---1----+---1·---+--1---+--~---+--+--+---1---+--1·---+--<---+---1----+---1--+--15910 72+00 71+00 70+00 69+00 68+00 67+00 66+00 65+00 64+00 63+00 62+00 61+00 60+00 59+00 58+00 57+00 z 0 Ui ~ 0: ci z • 0 z - • uo ...J 0 I-0 • .. 0 o:u D.... o."" w -en· ~ i'3 11111. o:z~·>c o..:i a= a:: z 0 --cC ~u ~ 111 t:: o( .J <( rot9 PROJECT NO. 214-1026.00 PPSS1 I I I I IBSSMH 5D .. 'J I I / / _ J_ J_ r STA 82+87.12 N 3.DD' I I _,.__ -- --1 -1 I I I ---- -lo/T \IT -I I I I I I I ~""~ .Y rs I-.................._ I ~ '{c.,~Q.i '+ \ / ss _ _ --,;--UE:-- -Iii 1 s,i-IBSSMH 49 I <:Pq_'<. \ / 1"T _ -_____.UE--. 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DATE REVISION BY CALL UTILITY NOTIFlCATION CENTER OF COLORADO 1 ·800-922-1987 OR 534 • 06700 IN METRO DENVER CALL 2·BUSINESS DAYS IN ADVANCE BEFORE YOU DIG GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES AENOS FO UR (4) NO. 4 EPOXY CD .e.lED REB A R EM 8E00(0 18" INTO CON CRET E W/ ENDS BEN T 90 [)[CREES AS SH OWN \fB00 61 1HRf1SX Al OC!S' -SfITDCW ptt.N UNDIS "TURBm '""" NIN ljlA• B E.o.R I NG A~Ad: ARE-' - Pf"P ENQ pt AN l.l lNllA Ul.I BE ARING SIJRf ACE ARE A - SO FT (FOO 200 PSI INTEl!W.l PI PE PRE SSU RE) UtDST\JRB ED """' MINl l.IUt.1 BO.RIN G SURF AC E ARE A -SO FT (FOR 200 P SI INT ERNA L PIPE PRESSURE ) SQ FT (FOR 200 PSI ~~~~,.,...,~,.,, ... ~-~"~'~"~~'-. P IPE PRESSURE ) lNllSTl.JRBED """' JEE -P\AN BEDD IN G t.IATERI AL nplC!I rposs SfC1Jr!1 UNDISlURBED '"""' MIN IM UM BE ARI NG SU RF ACE (SF ) FOR 200 PSI AN O LESS MIN IMUM BEA RING SUR FA CE (S F) FOR 250 PS I AND LESS SIZ E '"'" TEE OR " ""' 11 -t/..P " •n .,o ,,o "'""''° .,, ecNOS TEE OR Cf' PIPE 11-1/..P " •I' .,o oo o DEA D EN I .. '·' 2.5 5.0 9 0 ,. ,. .. , " '' 11.4 .. ,. D 2.5 5.0 9 .0 •• •• ... " '·' 11.4 .. ,,. ••• '·' H 13.7 '·' ,,. ,.. .., 9.2 5 17.1 12 .0 ,,. '' ... 10.5 19 .3 13 .7 ,,. H .., '" 24.2 17.1 ,.. .., '·' ••• JJ .6 23.6 ... 5.• 11 .6 ,,., ,,, 29.7 20· '·' 14.J 2.0 :S1.8 , ... ,.,. 9.0 17.9 "·o 64.8 4 5 .8 = I . FDR 200 PSI INlERNAI. PRESSU RE , tfCWDIN G WATER HA l.WER 2. lol EG.llLUG RESTR.lllNTS M,\Y BE usro IN CON..Ui.c:TIDN Wl lH THR UST BLOCKS WITH PR IOR APPROVAL FROM lHE DISTRICT J. lol lNIM UM ARE:A REQU IRED 'M ll BE TH.llT OF ~ &-IN CH MAN 4. ALL lHRUST BLOCK S SH AU. BE F"CBIED . THE MNllolUM nta<NES S FO RM MATERI AL SH .Ii.LL 3E :->/B" PLTMXIJ 5. BE ARING llREA BASED ct>! SOIL B[ARINC PR ESSU RE Of" 2000 lb/sf 6. CONCRETE SHALL H llVE: A 28 DAY COMP RESSION STR ENGlH OF J000 pll I CONCRETE THRUST BLOCKS I 4" 1H1CK COM: PAO AROUND BOX WHEN lOCATED IN G1i4SS"" OR DIRT 6• OF CU.SS 6 ~TF BAS£ Cot/RSC COMPAC1EIJ ro 956 STANCWCO PROCTOR IHREC PIEr:E ADJUSTABLE """'BO/( 12 GAUGE fNSUJ.ATED ~ COPPER TRA.C£ J 'rf/RE "' DETAIL n2n .J/'1" BELOW FINISHED GRADC GNETlC TRACER TAPE COLOR CODED BLUE Wf1H "'WA7lR LJNE LOCATED [J[LOW• PRINTED ON TAPE. T'fPE ".JM SCOTCfflMRK" OR APPROY[f) EOU4L --+-COIJPACT BACKFILL TO 98K STANDARD PROCTOR TO SURFACE TO SUPPORT VAL VE' BOX ER TYPE 6860 SERIES TYP£ 160 WIDE OVAL BASE OR APPROVED EQUAL .. ,,,, - I TYPICAL GATE VALVE I NOJFS· 1. ALL VAL VES ADJACEN T 10 FI TIING SliA LL 8( MJ. IN Lfl,£ VALVES TO SE MJ • MJ. DESICN LOCAOO NS OF VA LVES ARE OUT'SlOE Of CONCRETE , CURB/GUTTER AND VA LLE Y P AN S. 2. INSTALLE D VALVES \\1-l lC N CO lllFUCT 'MTH C~CRE TE AREAS SHALL BE RELOC ATED r'I T THE CON TR A CToR·s [)(PEN SE. 3-THI S DETAI L DOES N OT APPLY TO H YD RANT ASSEMB LY VALVES. 4 . INSTALL VA LVE SiEM EXTENSION AS NEEDED TO IN SUR E TH E OISTANct:'. FROM VALVE BOX LID TO TO P Cf NUT SH All NO "T EltCEED ~· -0" 5. THE TRACER 'M RE SHALL BE EXTDIXl> TO lHE SURFACE AT ALL VALVES AND Fl RE HYOR AN TS . THE 1'11R E SHALL BE EKTEN DED TOWAR DS lHE GROUND ON TH E CllJTSJDE OF TH E VALVE: BOX UNTIL lHE 1'11 RE IS \lo1 THIN fCUR I NCHES {4") or lHE TOP OF THE LID, AT ~ICH POINT IT SHALL BE BROUGHT BAO< IN SIOE THE BOX AND SECURE LY FASTE"NED -SUFFICIENT SLACK IN Tl1E OUlSIOC OF lHE WI RE SHALL BE PR0\.1 DED TO OO'olPENS A TE FOR ANY FUTURE ADJJSTM ENT TO lHE VAf. VE BOX, DETAIL n5n COMP ... CTE D ""'" COPPER SE:R ...,CE ----- C<E PIP E &JBCR ADE ~ BE OOlr.G ""' e · MIN SERV ICE STUB-OUT BEDD IN G ~'-6" MINI MUM COVER fOR WATER MAltlS PRCPERT"Y UNE ~ OR AS S TAK ED ~ n"P'[ K COPPER PI P[ .. . . 5' STEil. FEN CE POST - PA INT TOP 1' OF POST BUE •. BU FFA LO T'YPE CllRB STOP SH AFT. lOCA1ED IN NOO-TR AFF1 C AREA . If" LOC ATED IN TRAF FIC AREA THE CURBSTO P SHAFT MU ST BE "m AmC 8E r'IR ING a· ~INIM UM CO VE:R FOR SE.~\ll CE LINE S 12 GAUGE INSU L.l.TEO INSU LATE CtJ ffS STOP .....___CO !APACTE!l COPPE R TRACE 'MllE ~ CU.SS 6 --..... ----PLACE JM LOC A llNC DISK GENf B+' HPifS lllR Af' MINIMU M OF Y OF COPPE R SE R\ll CE L..NE W/f>a-YETHVLENE EN CASEME NT f' EVAJJON 1. CU RB STOP TO SE LOC "Tm AT 1HE PROPE FIT"Y LINE OR AT TH E EDGE OF EASEMEN T-~I CHE\otR IS CLOSEJl TO THE MAI N. 2. CU FI SSTOP -... u. FITTI NGS Sl1ALL BE COM PR ESSION FI TTINGS. J. CU RS STOP -M~U F"ACTV R ER RE FERENCE MUELi.ER 825204 OR Al'PROVEC EQUAL. lwATER SERVICE STUB ouTI ' .. DETAIL n3n :Iii ............. iiiJ ...... , .... :Iii.... iiiii.:Iii .......... ~. c-~: '~~ (iiiii .. ·~~·········~· ... ···~······ == .. c:···O:·:· --r 'i CONTRACTDR TO OEF1..ECT JOHVTS~~==~S:roRIJ~~ORAIN~~~~~~~~~~------• AS HEOU!RED ro MA#ffAIN 1a· IQ INN. SEPARATION W/ NO ADOITlONAl [___ .. • •1 HfGH POIN1"S OR LOW POINTS ,-.. ___l CREATED NEW WAT"ERl..JN£ INSULATION FDR WA7ERUN£ (SEE INSULAllON SCCTKJN BELOW) ELEVATION WATERLINE/CULVERT CROSSING NO SCALE INSULATION SECTION NO SCALE INSULATION DETAIL DETAIL n12" EXmlSJON(S) AS NECESSARY CONNECT VAL VE PER SPECfACAnDNS TO ~ 4' PilMPER NOZZLE SHALL FACE ACCESS 7HREE PIECE. NJJUSTABL£ VAL\.f" BOX CURB .. CtJTTFR m£R TYPE li8SO 0 S£Rf£S rtP£ 160 .1 WIJ)£ OVAL BAS£ ((I OR APPROVED EQUAL O£BRIS CAP • • "' ·' ,, CONCRETE REACTION Bt.OCK ... 12 GAUGE INSUl.ATW COPP& TRACE IWRE" -r 111 ' .~11= ' I I ·· A11 11 1 •• /.:::::.c BLOCKS UNDISTURBED EARTH llQJES; 6 " w l( AIJ >l<U>• ~ NON-RISING SIDrl Gol!TE VAL\.£ '-<J'l1J0> PROVfDE nm J'/4 • GAL.II. ' r!E ROOS W/ EYE BOLTS 'RANT DRAIN PIT; 27 CUBIC n: OF f-1/2" WASHED ROCK • < / / SE£ CONCRET< HEAC110N BLOCK DETAIL 1) ALL JOINTS FRO M MAIN TO H YDRAN T SHALL BE R ESTRAINED MECHANIC A L J O INTS OR FLAN GED JOIN TS. 2) HYDRANT. VALVE AND FI TTI NGS TO BE 250 P.S.I. RATED. 3 ) PO L'YETHYLENE WRA P SH A LL COVER D.l.P. AS SE MBLY FROM HYDRAN T BAS E TO WA TER MAIN . 4 ) ALL HYDRANT LE AD PIPING TO BE 6" CLASS 250 0.1.P. UNLLSS OTHER WI SE NOTED 5) CE N TERLIN E OF HYDRANT TO BE 4'-0 " FROM BACK OF CURB UNLESS O THER WI SE N OT ED. 6) INSTALL VALVE STEM EXTEN SION AS NEED ED TO INSU RE TH E DISTAN CE FROM VALVE BOX LIO TO TOP OF NU T SH ALL NOT E KC EE O 5'-0" F IRE HYDRANT ASSEMBLY INSTALLATION DETAIL PR0¥lDE 3" CALV. STEEL \€NT W/ l'li1R E ~ES H AND STEa CLAM P- '.£NT TO EX"TENO 3' ABO~ FI NISH GR AD E .. ·' 2" STRAI NER 2 0 METER / r UNIO N • VN ION j 6" X 2 " DOUBLE STRAP S>OO LE a· X 6 " RED UC ER ""'' • =;:::l~!:'.20~"~ .J FLO W OUT 24" DIA. l'I SULA lED RI NG AN D CO\'ER NEENAH R 175BG OR ACCEPTED EQUAL STEPS DOWN <=l VAULT S1 2E AND SHAP E TO BE DETE RM INED F"OR El.CH SPECI FI C: APPUC ATI ON 1. VAULT SHALL BE PR EC AST CONCRETE ANO CAf>ABL.E OF WI TlfSTA~IN G HS 20-44 TRAFF"IC LOADNG CONllU11l NS 2. Wl-IERE PIPE S PEN ETR ATE W.0.U.S. USE LINK SEAL OR Fl lL ANNUL.1.R SP ACE W/ NO N-SHRINK GllO\J T J. COAi ALL EX TER IOR VAULT SURFACES WliH BI TUM INOUS OAMPROOFI NG 4. .Ii.LL 2" PIPE SHALL BE BRASS W/ALL OlHER PI PE AND F"ITTlMGS BEI NG FLANGED DUCllLE IROft 5. ALL TIE-ROD S SH ALL 8E Ji /4" 111.L-iH REA() OR MEGA -WGS OH EICTERI OR CONNE CTI ON S 6 . CONTRACTOR SHALi. SUB MIT VAULT PIPING SCHEMATIC W/ VAU L T DI MENSIONS TO DISTR ICT PRIOR TO ~ING MAiERIALS OR EQUIPM EN T WATER METER DETAIL nl'?" J PR0"1DE 2 -3(4" GREASED SlEEL TIE RODS v.llH STAR" TIE BOLTS EN CAP SULA TED IN POL YElH'tLENE SHEETING, OR "PROTECTO \\RAP". BOLT V/>J.VE TO TEE, CROSS OR MEGALUGS AS REQUIRED BY ENGINEER LINE VALVES AT TEES AND CROSSES NOTEl> 1. USE CONCRETE THRUST BLOCl(S a: ANa-tOR BL.Oa< FOR PLASTIC PIPE. (NO TIE RODS). 2. FOR CAST IRON PIPE USE EITHER TIE RODS OR CONCRETE BL.Oa<S. 3. ANCHOR BL.Oa< WEIGH1S AND TIE ROD SIZE a: LENGTli BASED ON 200 PSI PRESSURE a: 4-1 /2 FT. OF' COVER. WHERE WORKING PRESSURE EXCEEDS ABOVE. ANCHMS TO BE SPECIAL CONSTRUCTION. N.T.S. .--------MIN. 2-f(I REBARS ASPHALT COATED ~-----~STRAPS 4. t.EGA-WG MAY BE USED PER MANUFACTIJRERS REQUIREMEN1S IN PLACE OF' TIE ~---TIE RODS WHERE APPi.JES. MIN. 2 REQ'D • RODS UPON APPROVAL OF' ENGINEER. TIE RODS WHERE --,.._ APPLIES. TIE DOWN RODS MIN. 2-#8 THRUST BLOCK (SEE CHART FtlR l!EARINO N>£Mf) NOTE: WEJGHT OF CONCRETE EQUALS 1SOf/a.I. FT. ONE PIPE LENGTH ( .. N.) );----ANCHOR BL.Oa< C1HRUST UPWARD SEE TABLE FOR SIZE) EXTEND BLOCK INTO SIDES OF TRENa-1. TIE RODS ACTIJAL LENGTH OF ROD TO BE SUCH •THAT STRAP CAN BE PLACED BEYOND FIRST ca..L.AR OR HUB AT OR BEYtlND THE .. NIMUM LENGTH SHOWN. VERllCAL BEND ANCHOR DETAIL WATER MAIN I MIN.1S- SEPARATIC»I PROPOSED WATER M IN 0 SURFACE SEWER/STORM .. N. 10' SEPAAATION 0 MAINTAIN A MINIMUM DISTANCE OF 10 FEET BETWEEN WATER LINES AND STORM SEWER /SANITARY SEWER LINES (EDGE TO EDGE). IF lHIS IS NOT POSSIBLE, lHE ELEVATION OF lHE CRO'M'l OF lHE SEWER SHOULD BE AT LEAST 18 INCHES BELOW lHE INVERT OF lHE WATER MAIN. IF NEllHER OF lHESE ARE POSSIBLE, CONSTRUCTION SHALL BE AS DIRECTED BY lHE CITY. SEE ENCASEMENT DETAIL ON lHIS SHEET. UTILITY SEPARATION DETAIL N.T.S. z 0 Ui ~ ci z • u z - Ill 0 ~ ~ ~ ~ PROJECT NO. 214-1026.00 DET1 DISPERSE iJ,RGE ROCl<S IN Tl11S ZONE PR 0'<1DEO ROCl(S DO NOT "'lERFERE 'M lti BACKALL COMPACTION REO!JjR~ENTS BOULDERS GRE.6.lER TH.o.N 18" TO 9E REMO'ottl rROM BA CXf'll. ND OI SPOSEO OF' orr SllE . SEE SPECIFIC ATIONS FOR COM PACTION RECU IREMEN TS 1 ~--VARI E S ' PIPE SUBCRADE ~ '• ~ -. NON -SfiRINK GRO UT lRENCl-I 8ACKFllL I BEDD ING ZONE SEE ea.ow SEOOINC "'"' 1/4 O.D., 6" MI N p1P£ BfJ)QING m.fE WATER P IPE BEDD ING I , .. DETAIL t.4 H FR Al.4 E AHO COVER HS20 LOADING RATm OR EQUAL. WITI-1 n!E \llORll "SEWER " C>iST INTO COVER Al).J.JST ra REQUIRED GRADE Wlli A M.t.Xl t.IUM OF SIX-2" lHICK REINF'OR CEO CONC . CRAD E RNCS SET IN klON - SHRIN K CROU T PRECAST ECC£NTRIC CONE 2'-J' HGH WlT'r'I WALL T'r'llc:KNESS OF 6" AT ToP TO 5" Al BOTTOM ngn -~·. "~ 0" 6" INSTALL 1" DIAM EltR DOU BLE RAM -NEI<: (OR EQUAL) JOIN T GA SK ET AND GR OU T JOINTS INSIDE A.N I) OUTSIDE , GROUT LI FT HOLES ON lklTE RICR, INSlALL 1 1/2" OI Ar.tE TER RAM -NEK ON MAN HOlES NANHOLES LAR GER Tl-i AN 48" ~ § 1 s· o.c . ~-oJ" l ~ ~ 5• M IN 8 : .... ALL l.iA'HCH0,0t£c'=CSoTEPS='"'olf.+-- ~ PLAS TI C COATE D -~ MA INDU STRIES MOOEL PS1 ASlM C-478-94 OR APPR0\.£0 EQUAL e• M IN ·,.,, MIN 12" COMPACTEO 3/4"-....... °N ·:.-"' SCREENED R()(l{ .-. :;· 4' l.D . , .. Hi'.N D SHAPE AS NECESSARY AROUNO Pl'E ro PROVIDE •. DR Al kl AGE f---P>R ECA ST RE INFO RCED CON CRE TE MANHO LE BARREL PE R AS1M -C478 INSIDE UP TO BE HIGHER TH Akl OUTSIDE UP TOP Of BENC H CAST tJ PLACE WATER llGllT fUl(lllLE RUBBER BOOT Fl.OW STANDARD MANHOLE r.ENCRA I NOTE 1. ALL CONCRETE WORK SHAU. COMPLY 'lilTH LATEST 0 -318 SPEOACAllONS 2. USE 5• LD. WHE:N PIPE SIZE 15"-24". DETAIL nAn CDITER Of \'NE SRANCfi TO b[ PLACE D t>I UPPER nmm Of SE VER NAIN FCfl SEYel SER'liCE TN>S TO El(IS11NC LI NE S USC A flJU. 8 WY WYE FfUlPEl'IT'i '"""'----- 3'-D" "" ._, __ _, 6' srra !'ENCE POST- ~"PE RM A-JOIN r STOP OR ~QIJAL-PAINT TOP 1' Of" POST GR~ irlll Alt.I S' STEEL FENCE POST AT 00 Of ~ L.J NE TO 4'-0" AllOllE: CROUND- PAINlill GREEN 120' SER'liCE LINE -S EE SPECFICAllONS ~ADE ~ 1/4" PER FOO T ldlN. J M LOCATOR 019< ~ ~~~' -~ FlO" ~ 1111 ,. (M IN) PVC CAP Cf! lHRU.DED PLU G ~ SEWER SERVICE CONNECTION 1. MINIM UM SEPARATION BETWEEN TAPS SHALL B E 18" 2. B ACKFlll. UNDER WYE TO BE CLAS S 6 AGGREGATE BASE COU RSE. 95?. COMP ACTION D EN SITY PER ASTM D-698. _,,_ NO N-SH RI NK GROUT ;!!; :';! INSIOE LIP TO BE ::I ::ll HIGHE R TltAN b ~ OUTSIDE LIP ~;.', 2·-0· t.IH FR AM E ANO co~ HS20 LOA DING RATED OR EQUAL . 'MTH THE WORD °SEWER" CAST INTO COVER. RING &: COY£R -SE T TO PAR ALLR FlNISHED SURFA CE DETAIL AO..l.I ST TO REQUIROO GRADE WITH A MAl(IMUM OF SI X-2" TfilCI< REINCORCED CONCRETE GR ACING RINGS SET IN NON -SH RI NK GROU T RECAST ECCE NTRIC CONE 2' -3" HIGH WI TH WALL TH ICKNESS Of 6 " AT TOP TO 5" AT BOTTO M INSTALL 1" DIA . OOl.IBLE RA M-klEK (00 EOJAL) JOINT GASKET AHO GROUT JOI NTS INSIDE ANO OUTSll)E. GROU T LET HOL£S ON lNlERIOR, IN STAL L 1 1/2" OI AM ETER RAM-NEK ON MAN HOLES LAR GER n!AN 48" ECASi REI NFOR CE!) CONCRETE MAN HOLE BARREL PER ASTM-C476 FLE~ BLE PVC COUPLING: (ASTM C -~94-70) BY FERNCO OR APPROVED EQUAL " WYE Fl TI1N G a· -9D• SWEEP CONCR ETE CRADLE TO SPRI NGUNE PRE -CAST MANH OLE BAS E AN D FlRST BAR REL SECTION CAST t.I ONOllllil C ASTI.A-C478 I DROP MANHOLE I GENERAi NOifS· 1. M.L CONCR(TE WORK SHA LL COMPL Y WI TH LA TES T Cl-3113 SPECIFlCATla-4S 2. USE 5' LD. \\/H EN PIPE SIZE 1~" -24" DETAIL nFn "Bn """' W.O.lEll U NE ,,. 10 G..WGE INSULA1ID .-COPPER 'MRE '" ENC:.4.SE JOlNTS IN C()tjCfll:TE OR IMPERt.iEA. '-E SI.LEVE . . . . .... .,,.. .. .,, ... . ,. . . .. •.. . . .,. -~· ·~ . . ·.. . . . . . .. 1.----f _.,..,. \. &---.-:-__ ..... _ -~OA.. - --.-·-:..-: ..... L;rtr+--,. -,, ~ • • .. • ... ... • • r>•ol ••••• ~· "'·.jj j ; '----l>'•,JB·~~ :·t,~'~;~:_~~~!..:~ ~-. :_ ~-.=:~ :-.:~+-~ ,1 : .,.: ~·. ••• •. • •.. • .... ~··"'. ·,Jf •: . ,, .... SAN ITARY SEWER UNE SAN ITARY SEWEJI LI NE IF WAlERU NE IS ur OR LESS ABOVE SElllER OR IF W"'ll'J'! LINE IS BELO W lHE SEWER LINE,. INST&L CON~ EMCASOI OH. EMC:ASEl4E.NT MUSl EXTEND UNTIL THE WATER AHD SEWER PIP E NE SEPARATED BY lilORE 1Hil.N 10 FEET. IN UOJ £f' CONCR£1£ EN - C"'5£MENT caoo P'IC Pll£SSURE l'i l"E OR 'IEL!)l,llNE PRESSURE PIPE MAY BE SUl!SllTUTm. .. ' STE EL CASING THICKNESS AN D C OATIN G P ER REGULATORY AGE CY WA TER LINE 12 ~AUGE INSIJ LATtO "~" ""' STEEL CASING CASl':A[)( !f>ACOI S - OR Al'PllO'.Ell EOUAL SECTION /i"\ CONCRETE & STEEL P IPE ENCASEMENT 'llt£N LOCATED IN PA'IED .o.REA INSTALL ROAD SECTIO N UP TO rnClE Of Pl'E ANO COMP ACT TO SPEClncAllONS UPPER 24' OF THE l/ER TICAL RISER SHALL BE CAST OR DUCTILE IRON. ANO 11£ PLUGGED .,.,lH A WATERllGHT CAST IRctl SE \m! ~[. SE~ PLA N FOR SIZE CO MPAClEO CLASS 8 WYE Win-I 45• ELBOW (ALL 9W. FITll~GS) I SEWER CLEAN-OUT I HIGH DENSITY RUBSER CASING WITI1 3/4" WID E STAINLESS STEEL STR APS. PIPE LI NE SEAL AND INSULATOR CO . MODEL W OR ACCEPTED EQUAL. DETAIL nJ4n !\HEN LOCAlUl IN UN-PJ.Y'i:D .\REA T'HE ctEANOUT s 1-1.-.u. lER t.llN/\lE 4- PI CHES BELOW GRADE EIELL T'tPC PLUC, ~ER E REOUIREO 1. FOR SKI WA Y .-.PPL.JCATIONS WH ERE MAN HOLE AND RINGS A.RE USEO TO CQ\;(R ClE AN OUT, JM LOCATING OISK SHALL ALSO BE INSTAUEO 1· TO 2· BELGW ~H OLE R I NG A.NO COi/ER DETAIL nG" 1' \\lDE CONCRETE CROSS PAN (RUN DOWN) 2lC SLOPE TO CENlER 4• CURB FL0\'4.INE EDGE OF ASPHALT 1' ----.-.Y-< 4000 PSI CONCRETE t •• ~-~:J ~o·:· ~ \Os• CLASS 6 A~GATE BASE COURSE SlRIP ALL TOPSOIL. SCARIFY ANO RECOMPACT SUBGRADE A MINIMUM OF a• DEPTH TO 95lC STANDARD PROCTOR. CURB CUT RUNDOWN DETAIL N.T.S. 1' DRAINAGE PAN CURB GUTTER PAN PLAN VIEW N.T.S. TOP OF CURB 1' .. FLOW LINE CURB OPENING DETAIL N.T.S. z 0 Ui ~ ci z • u z - JO 0 ~ ~ ~ ~ PROJECT NO. 214-1026.00 DET2 i------------------------------60' R.O.W. ------------------------------< q:_ 30' 2.17' MOUNTAB 1 < 12' 12' CURB LANE LANE 2% ;3• ASPHALT 2% r , .. .. .. ·. . ,, ' , . :·· ' .. :· ~' :'·: .. . .. ,·, ....••. "• ;· .. ... . ,., ... ." -.-·-·:-···'' _., ··.: -- STRIP All TOPSOI~ ~ARIFY ANO j RECOMPACT SUBGRADE TO A MINIMUl.t D EPTH OF 8" TO 95% STANDARD PROCTOR TYPICAL 24' ROAD SECTION ..; 30' 2.17 MOUNTABLE CURB ". "' . . .. ·····-'"' ., . .. ~ T \. 8 CLASS 6 AGGREGATE BASE COURSE COMPACTED TO 95% STANDARD PROCTOR --- RIVER BEND WAY. RED BLUFF CIRCLE. BLUE HERON DRIVE AND LONG SHADOW LANE NQ1E SURFACE AND ROAD BASE SECTION TO BE VERIFIED BY GEOTECHNICAL ENGINEER. ELECTRICAL WARNING TAPE (2) 4" ELECTRIC CONDUITS b "' -0.5' 1-0.5' -1 0.5' 1- N.T.S. 0.5' -1 0.5' - (2) 6" ELECTRIC CONDUITS BEDDING, TYPICAL UTILITY TRENCH DETAIL EXACT LOCATION OF SEDIMENT FENCE STAKED IN THE FJELD BY THE ENGINEER. 5 FEET ELECTRIC N.T.S. SECURE TOP EDGE OF FILTER CLOTH TO FENCE BURY TRAILING EDGE OF FILTER CLOTH IN TRENCH A MINIMUM OF 6". POST 1-l ""•f---1D' (APPROX.) -----1 POST FILTER CLOTH FENCE-............ D P<JNT A 1.....--RIGHT-OF-WAY , ....... -ELECTRICAL CONDUITS ELECTRICAL VAULT 2.0' TOP BACK OF CURB 8.0" ELECTRICAL VAULT PLACEMENT N.T.S. A D D A D D D PLAN VIEW EROSION LOG D D D D EROSllN LOG PLAN VIEW SmIJQN B-B CULVERT INLET PROTECTION INSTALL 9" (d50) NOMINAL RIP-RAP, HAND PLACED 18" THICK OVER FILTER FABRIC. ROUNDED RIVER ROCK MAY NOT BE USED. (SEE GRADING AND DRAINAGE PLAN) 18" (2doo) 13.5" (1.5doo) RIP-RAP AT CULVERT OUTLET N.T.S. .-------5• PATH 3" ASPHALT STRIP ALL TOPSOIL, SCARIFY AND RECOMPACT SUBGRADE TO A MINIMUM DEPTH OF a• TO 95% STANDARD PROCTOR 2% '·''. --. '-..... , -•. _: ··.l:--., --. .-----a• LANE ·~· ~.,. .. ·~·.'•. -- 4" CLASS 6 AGGREGATE BASE COURSE COMPACTED TO 95% STANDARD PROCTOR TYPICAL 5' ATTACHED PATH N.T.S. .-------5' PATH 3" ASPHALT 2ll: . ' ---. -. -. ' ... -,: ., _.,... .., ., . ,_ NQ1E SURF ACE AND ROAD BASE SECTION TO BE VERIFIED BY GEOTECHNICAL ENGINEER. USE 2 PINE STAKES 1 1/2" < 1 1/2" x 12" /iJ All EROSION LOO ENDS OR JQNTS, OTHERWISE STRIP ALL TOPSOIL, SCARIFY AND RECOMPACT SUBGRADE TO A MINIMUM DEPTH OF 8" TO 95% STANDARD PROCTOR u u MATERIALS FOR FILTER CLOTH FENCE SHALL CONSIST OF STANDARD WOVEN LIVE-STOCK WIRE, A MINIMUM OF 36" IN HEIGHT, A MINIMUM OF 14-GAGE WIRE, WITH A MAXIMUM MESH SPACING OF 6 ": POSTS SHAU BE EITHER WOOD OR STEEL, MINIMUM LENGTH OF 5'. SEDIMENT CONTROL FENCE N.T.S. POINTS A MUST IE HIGHER ll'AN P<JNT B SECTION D-Q EROSION LOG DETAIL DITCH INSTALLATION USE A STAl<E EllRY 2-! IN. ~D CONTINUE 10 ALTERrMTE CRDITATICN THROUGHOUT lHE LENGIH Of lHE EROSION LOG. TYPICAL 5' DETACHED PATH N.T.S. 4" CLASS 6 AGGREGATE BASE COURSE COMPACTED TO 95% STANDARD PROCTOR NQ1E SURFACIE AND ROAD BASE SECllON TO BE VERIFIED BY GEOTECHNICAL ENGINEER. RE\IEGEJATION PROCEPURES ALL AREAS DISTURBED DURING CONSTRUCTION WILL BE REVEGETATED ACCORDING TO THE FOLLOWING CRITERIA. DURING CONSTRUCTION, EROSION llfilCH MAY POSE A THREAT TO SURROUNDING PROPERTIES OR WATERWAYS WILL BE CONTAINED THROUGH THE USE OF TEMPORAIRY EROSION CONTROL MEASURES AS DEEMED NECESSARY TO COMPLY WITH THE N.P.D.E.S. REVEGETATION OF DISTURBED AREAS SHALL COMMENCE IN THE FAUL, PRIOR TO THE FIRST MAJOR SNOWFALL, OR EARLY SPRING IF SITE CONDITIONS ALLOW. EROSION CONTROL MEASURES ARE AIMED AT CONTROWNG/CONFlNING SEDIMENT WITHIN OR NEAR THE AREA OF DISTURBANCE. THE LONG TERM STABILITY OF THESE AREAS WILL DEPEND ON THE ESTABLISHMENT OF APPROPRIATE GROUND COVER VEGIETATION. THE PRIMARY GOAL OF THE REVEGETATION EFFORT IS TO PROTECT WATER QUALITY WHICH WILL REQUIRE A STURDY GROUND COVER AS SOON AS POSSIBLE. FOLLOWING ARE STANDARDS WHICH HAVE BEEN ESTABLISHED FOR REVEGETATION APPLICATION TECHNIQUES: 1. ALL TOPSOIL SHALL BE SALVAGED FROM DISTURBED AREAS, STOCKPILED AND RE-SPREAD PRIOR TO REVEGIETATION. TOPSOIL SHOULD NOT BE RE-SPREAD ON AREAS OF THE SITE PROPOSED FOR FUTURE BUILDING. THE FINISHED SOIL SURFACE SHALL BE LEFT 2. 3. 4. IN AN IRREGULAR, SCARIFIED CONDITION \\filCH MAXIMIZES MOISTURE RETENTION ON THE SLOPE. \\fiERE SLOPE ALLOWS, SEED SHALL BE DRILLED OR OTHERWISE MECHANICALLY INCORPORATED INTO THE SOIL ("FARMED"). 1'11-iERE STEEPNESS OF SLOPE RESTRICTS EQUIPMENT ACCESS, SEED SHALL BE HYDRAULICALLY APPLIED AND FOLLOWED BY APPLICATION OF HYDRAULICAUY APPLIED MULCH OR STRAW. STRAW MULCH SHALL BE SECURED IN PLACE WITH A HYDRAULICALLY APPLIED TACKIFlER. SLOPES WITH GRADIENTS OF 2: 1 OR STEEPER SHALL BE HYDRAULICAU Y SEEDED, STRAW MULCHED AND PROTECTED BY PLACEMENT OF EROSION BLANKET (JUTE, EXCELSIOR OR SIMILAR ORGANIC PRODUCT). STRAW TACKIFlER IS NOT REQUIRED 1'11-iEN EROSION BLANKET IS USED. THE EXPOSED SLOPE WOULD BE PREPARED WITH MINI BENCHES. TOPSOIL WOULD THEN BE SPREAD OVER THE SLOPE, SEEDED AND COVERED WITH SllRAW. EROSION CONTROL BLANKET WOULD THEN BE TACKED INTO THE HILLSIDE COVERING ALL THE SEEDING. IF EXISTING MOISTURE CONDITIONS INDICATE THE REQUIREMENT FOR IRRIGATION, THEN EITHER DRIP IRRIGATION OR MINI-SPRAY IRRIGATION WOULD BE USED. 5. REVEGETA TION WILL BE CONSIDERED SUCCESSFUL 1'11-iEN THE CONTRACTOR HAS ESTABLISHED A DESIRABLE PERENNIAL VEGIETATION (SEED MIX) BY THE END OF THE SECOND GROWING SEASON SUFFICIENT IN COVER AND CAPABLE OF RENEWING ITSEUF TO ADVANCE TO THE ACCEPTABLE STAGIE OF REVEGETATION AND THE DISTURBED AREA IS CONSIDERED STABILIZED AND EROSION CONTROLLED. NAJM' SEEP Y'X 5ClfN11FJC N84F CAfMQN NAME PLS LB.(ACRE SfED!N RA'JE: GRASSES AGROPYRON SMITHll AGROPYRON TRACHYCAULUM FESTUCA IDAHOENSIS FESTUCA RUBRA KOELERIA MACRANTHA ORYlOPSIS HYMENOIDES POA SANDBERGll SIT ANION HYSTRIX STIPA VIRIDULA RlRBS ACHILLEA IANULOSA BALSAMORHIZA SAGITTATA LUPINUS ARGENTEUS SPHAERALCEA COCCINEA WESTERN 1'11-iEA TGRASS SLENDER WHEATGRASS IDAHO FESCUE RED FESCUE JJNEGRASS INDIAN RICEGRASS SANDBERG BLUEGRASS SQUIRREL TAIL GREEN NEEDLEGRASS WESTERN YARROW ARROWLEAF BALSAMROOT BLUE LUPINE SCARLET GLOBEMALLOW A A D D D D D D D D D PLAN VIEW ENmEHCH 3• SECTION A-A ARRIBA PRIMAR JOSEPH CAN BAR LO DORM ERDSION LOO </; SEDIMENT REllOVM. SIWJ. IE PERFORllED CONTINUOUSLY FOR l'R()l'ER FUNCTION. 4 4 2 2 1 1 2 1 2 1/8 1/4 1/4 1/4 TYPICAL STAKING PATTERN AND EROSION LOG APPLICATION z 0 Ui ~ 0: ci z • 0 z - a 0 PROJECT NO. 214-1026.00 DET3 V T C $# BYNO.DATE BY P R O J E C T N O . OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISIONHIGH COUNTRY ENGINEERING, INC. PHONE (970) 945-8676 - FAX (970) 945-2555 www.hceng.com drawn by: checked by: date: file: 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 2 1 4 - 1 0 2 6 . 0 0 Blue Heron Properties, LLC Garfield County, Colorado Ironbridge P.U.D. Phase III - Filing 1 RAB MRL 7/2/2015Miscellaneous Details DET4 D E T 4 TYPICAL DETAILS FOR ALL WATER QUALITY PONDS A c • .. .. '. c ~- 0.50-i- 1 i~ .o-J . :J;-'..(\"' .. D 6.66 18" RCP . 1~ . . / / 3" ~IP (TYP. w C< .. - • I D Steel Perforated' . -. . . . . "'. . . . . .. , ·· 1·. I • ~ I .J . · ~ I .. 2.92 3.42 A 4 INL CLOSE STANDARD ET GRATES DETAIL 3.92 SEE Trash Rack Attached We In term ittant elding All Around 3 1/2' x y4• FLAT 3• x y4• FLAT S4 x 7.7 BEAMS CENTERLINE OF GRAlE PARALLEL TO CENTERLINE OF ROADWAY -- D j] 01 4oVt < ±V4) OPEN SLOT (TO FACILITAlE --..,.""'"===="""==~l~==~I 41/ ( GALVANIZING) n Flow Control Plate B 1. .1 ---1---j.l s. • ,. 2s 5/a (± 1/4) DETAILS FOR WATER QUALITY POND 1 TOP OF BOX GRATE /' ELEVATION 5919.00 .?1 ~ I l • ~ I ---/ ..... l / ' ~ I .ii INVERT OF BOX ELEVATION 5917.00 BOTTOM OF BOX ELEVATION 5916.50 ~ I l I J~ ~ i..·1· .. .j I I \ I \ I 18" RCP \ \ I \ I ' / '-/ ...._ / r-.,·~·~ ~,4::.-: ~·~"~~'---y.1.-!! _o_.4··~ ·.,'R•~- 5.66 6.66 -~ I ·r r• :·1 · . f' J. I .• r· ·I· l I I . cf. SECTION A-A (ELEVATION) DETAILS FOR WATER QUALITY POND 2 TOP OF BOX GRATE I ELEVATION 5912.00 !1. I l . ~ 1 ---f / ' / " 1.45' i'. I L : 1• • 1 ~-· 2.45 OUlLET STRUCTURE PLAN ;1• I \ 1 1.96' 2.9 \ 6' INVERT OF BOX ELEVATION 5909.54 BOTTOM OF BOX ELEVATION 5909.04 ~ I .] I -~· -;!:· ., ... -I I I.. I 18" RCP \ r· \ I ·I· \ I l ' / I '-/ I ...._ / . ~ -4·.a ... ..,.. . . -·---..--..-:-.. ~.---.----~-----'----·___:_..,-__.._!f--'---,;,..--..-'-----o-re f. .. . - . -. . -· - . 4 ·-. 4' -.. . 5.66 6.66 SECTION A-A (ELEVATION) I DETAILS FOR WATER QUALITY POND 3 TOP OF BOX ELEVATION 5902.90 INVERT OF BOX ELEVATION 5900.16 BOTIOM OF BOX ELEVATION 5899.66 ~ $1 ~ I l ~. I ( I~ I l I J~ I -.,..:· "'. 1-•• .\ GRATE /' 1 I . ~-. : 1• ---.,,"·1 · / ' f' / ' I \ .r I \ I .• I 18" RCP \ r· \ I ·I· \ I l ' / I '-/ 1.· ---/ . .• ·.4•.a .. ·' ~ ' . . ' . . 1-.,7.r-.: -·-:~-~"-:'·~--..;,-.""'."'"-=-~-~ f. 5.66 6.66 SECTION A-A (ELEVATION) 2.24' 3.2 4' I Bolt Down or Lock Down WSEL WATER QUALITY TOP OF BO ELEVATION 5919.00 C8x18.75 American Standard Structural Steel Channel. Trash Rack Attached By Welding SLOPE: 0.5% Steel Perforated Flow Control Pl ate U.S. Filter* Stainless Steel Well-Screen (or equal) C8x18.75 American Standard Structural Steel Channel Formed Into Concrete Bottom And Sides Of W Cone. Trash Rack Attached B Intermittent Welds. BOX INVERT ELEVATION 5917.00 E BOTIOM OF BOX ELEVATION 5916.50 Bolt Down or Lock Down WSEL WATER QUALITY TOP OF BOX ELEVATION 5912.00 C8x18.75 American Standard Trash R~~u~W~~h;Je~IY ql;l~~rneJ· SLOPE: 0.5% Steel Perforated Flow Control Plate U.S. Filter* Stainless Steel Well-Screen (or equal) C8x18. 75 American Standard Structural Steel Channel Formed Into Concrete Bottom And Sides Of W eone. Trash Rack Attached B Intermittent Welds. BOX INVERT ELEVATION 5909.54 E BOTTOM OF BOX ELEVATION 5909.04 Bolt Down or Lock Down WSEL WATER QUALITY TOP OF BOX ELEVATION 5902.90 C8x18.75 American Standard Structural Steel Channel. Trash Rack Attached By Welding SLOPE: 0.5% Steel Perforated Flow Control Plate U.S. Filter* Stainless Steel Well-Screen (or equal) C8x18. 75 American Standard Structural Steel Channel Formed Into Concrete Bottom And Sides Of W pone, Trash Rock Atlachea B Intermittent Welds. BOX INVERT ELEVATION 5900.16 BOTTOM OF BOX ELEVATION 5899.66 STANDARD INLET GRATE WSEL 100YR. TOP OF SPILLWAY ELEVATION 5919.00 ELEVATION 5920.00 i----3.92----i ,_3.42-----j 2.92-11 GRATE E 18" RCP 1.95' t-t-+-------4 BASE OF BOX 0.50 ~ I l I SECTION 8-8 (ELEVATION) PIPE INVERT OUT ELEVATION 5916.50 WSEL 100YR. TOP OF SPILLWAY ELEVATION 5912.00 ELEVATION 5913.00 GRATE E r .l ""'f. + 18" RCP 2.46' t-t-t--------\ 4" BASE OF BOX 0.50 t I I. I SECTION 8-8 (ELEVATION) PIPE INVERT OUT ELEVATION 5909.54 WSEL 100YR. ELEVATION 5902.90 TOP OF SPILLWAY ELEVATION 5903.90 ----3.92----l ,____3.42-----j 2.92----11 GRATE E 18" RCP 2.74' t-t-+-------4 t 4" t I f PIPE INVERT OUT BASE OF ELEVATION 5900.16 BOX 0.50 SECTION 8-8 (ELEVATION) S4 x 7.7 3/16 '-.3· x V/ FLAT SECTION D-D f J · 1 #4 AT 12" ..4------;;-CTRS. (TYP) SECTION C-C (ELEVATION) REINFORCEMENT DETAIL #4 AT 14" CTRS . #4 AT 12" CTRS. (TYP) SECTION D-D (ELEVATION) REINFORCEMENT DETAIL WQCV Trash Racks: Stainless Steel Support Bars No. 9~ Stainless Steel \ U.S) Filter* or Equal Wires SECTION E-E 1. Well-screen trash racks shall be stainless steel and shall be attached by inlermitlonl welds along the edge of the mounting frame. 2. Bar grate trash racks shall be aluminum and shall be bolted using stainless steel hardware. 3. Trash Rack widths are for specified trash rack material. Finer well-screen or mesh size than specified is acceptable, however, trash rack dimens\P.ns need to be adj..lsted for materials having a difterent open area/gross area ratio \R value; 4. Structural design of trash rack shall be based on full hydrostatic head with zero head downstream of the rack. Structural Steel Channel Formed Into Concrete. WSEL WATER QUALITY TOP OF BOX ELEVATION 5919.00 1----~--6.66-------i t----~-5.66------i 13/16" CIRCULAR PERFORATIONS SPACED AT 4" O.C. VERTICALLY INVERT OF BOX ELEVATION 5917.00 i .f i I t I r 1 . I r GRATE • r I I lt1 I' I I 1·1. I f f I I \ Li 11.95' I \ I I 1 1• I I I r1 \ I l T I \ I From Figure 6, Circular Openings Only R Value = (net open area)/ (gross rack area) = 0.60 BOTTOM OF BOX ELEVATION 5916.50 I } I "'I .. Stainless Steel Support Bars No. 93 Stainless Steel (U.S) Filter* or Equal Wires 9"Jl 0.090" SECTION E-E From Figure 6, Circular Openings Only R Value = (net open area)/ (gross rack area) = 0.60 Stainless Steel Support Bars INVERT 18" RCP ELEVATION 5917.00 OUTLET STRUCTURE FRONT ELEVATION Structural Steel Channel Formed Into Concrete. WSEL WATER QUALITY TOP OF BOX ELEVATION 5912.00 3/4" CIRCULAR PERFORATIONS SPACED AT 4" O.C. VERTICALLY INVERT OF BOX ELEVATION 5909.54 BOTIOM OF BOX ELEVATION 5909.04 INVERT 18" RCP ELEVATION 5909.54 l----~----6.66-------1 t----~-5.66------1 OUlLET STRUCTURE FRONT ELEVATION Structural Steel Channel Formed Into Concrete. WSEL WATER QUALITY TOP OF BOX ELEVATION 5902.90 11 /16" CIRCULAR PERFORATIONS SPACED AT 4" O.C. VERTICALLY t----~--6.66-------i ----¥<--5.66------l GRATE I I I ~· I ' I I • r I Sta/"nless Steel Bolls or ntermittant Welds, Stainless Steel Bolts or Intermittent Welds, Stainless Steel Bolts or In term ittant Welds, No. 93 Stainless Steel (U.S) Filter* or Equal Wires \ \ \ I 1·1.: f r I 11 12.74• I) I SECTION E-E From Figure 6, Circular Openings Only R Value = (net open area)/ (gross rack area) = 0.60 INVERT OF BOX ELEVATION 5900.16 BOTIOM OF BOX ELEVATION 5899.66 INVERT 18" RCP ELEVATION 5900.16 I r I I T J.' I I r 1 I OUTLET STRUCTURE FRONT ELEVATION z 0 Ui ~ 0: ci z • 0 z - PROJECT NO. 214-1026.00 DETS SHEET MUS I ' / IRONBRIDGE P.U.D. OVERALL MASTER UTILITY PLAN SHEET MU4 PROJECT DATA: BENCH MARK: USGS BENCHMARK Q-158, ELEVATION = 5957.45' NAVD 1929. BASIS OF BEARINGS: FOR THIS SURVEY IS A BEARING OF N 88'08'24 W, BETWEEN THE SOUTHWEST CORNER OF SECTION 1, A BLM BRASS CAP AND THE NORTH QUARTER CORNER OF SECTION 12, A BLM BRASS CAP. BOTH FOUND IN PLACE. SHEET MU3 -·---- \ ' \ --- ,._o\.':'.: <;;,'.\' <A~~""''/// ,,,!Ji/.~-.~ / ,/ ~-, ,r/· ·-· ,-'/' 1>· NOTE: 1. CONTRACTOR TO FIELD VERIFY LOCATIONS OF EXISTING UTILITY MAINS AT CONNECTION POINTS. 2. WATER MAIN STATIONING AND OFFSETS ARE BASED ON ROAD CENTERLINE. 3. ALL WATER CURB STOPS LOCATED IN PAVED AREAS WILL REQUIRE A TRAFFIC RATED COVER. 4. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N 88'08'24 W, BETWEEN THE SOUTHWEST CORNER OF SECTION 1, A BLM BRASS CAP AND THE NORTH QUARTER CORNER OF SECTION 12, A BLM BRASS CAP. BOTH FOUND IN PLACE. 5. All WATER SERVICES SHALL BE 1-INCH TYPE K COPPER UNLESS OTHERWISE APPROVED BY THE DISTRICT OR NOTED ON THE PLANS. / / I ----- --~- ! ____ J / / / ' / / / / / / / / / / / /\ / --- / / / / ----- GRAPHIC SCALE :Jl.QNOY/f 200 0 100 200 400 800 Drawing Prepared By: ~I -~·lil_-~I 1111-1--1-----1 ( IN FEET ) I inch = 200 ft. ENGINEER: HIGH COUNTRY ENGINEERING. INC. 1517 BLAKE AVE. SUITE 101 GLENWOOD SPRINGS, COLORADO 86106 (970) 945-8676 1. FRANK HARRINGTON A REOISTEAED LAND SURVEYOR IN THE STATE OF COLORADO, 00 tEREBY CERTIFY THAT THIS AS-BUil. T SURVEY OF IRONBRIDGE P .U .D~PHASE 2 l'lEPRESENTS AN ACTUAL SURVEY MADE ON THE GROUND IN ACCORDANCE Willi THE LAWS OF THE STATE OF COLORADO UNDER MY DIRECT SUPERVISION ON OCTOBER 2008 IN THE STATE OF COLORADO. I -------------~-~LE~G~EN_D....,,,,~-··-·-····-····-I --Ere--- ----:; ---- -------1()"1,/ --------R··v-------- ----------s:; ------ -·-6".'-M---·-- ---10"\J--- ---•8''~--- -----8"S-S--- -l' TM---------- EXISTING ASPHALT ASBUIL T ASPHALT ASBUIL T GRAVEL ROAD EXISTING BOUNDARY LINE PROPOSED EASEMENT EXISTING EASEMENT EXISTING BURIED ELECTRIC, TELEPHONE AND CABLE TV EXISTING BURIED GAS LINE EXISTING 10" WATER LINE EXISTING 8" WATER LINE EXISTING SEWER LINE EXISTING 6" FORCE MAIN SEWER EXISTING 4" FORCE MAIN SEWER ASBUIL T 1 O" WATER LINE ASBUIL T 8'' WATER LINE ASBUIL T 8" SANITARY SEWER ASBUIL T 4" FORCE MAIN SEWER ASBUIL T SEWER SERVICE ASBUIL T AIR VAC VALVE ASBUIL T UTILITY CONDUIT EXISTING FIRE HYDRANT ASBUIL T FIRE HYDRANT EXISTING WATER VALVE ASBUIL T WATER VAL VE EXISTING SEWER MANHOLE ASBUIL T SEWER MANHOLE ASBUIL T FORCE MAIN CLEANOUT i 03 EXISTING FORCE MAIN CLEANOUT I -.. ._!.~---~1:~~-~~;,~;:s:~;:,_1 0: w z ~ Oo !"-w Fo,.,.. o <(<( VJ 0 uo: ()) iLO -~ -_J w t;o c\i:; zU Nz :;..11, 0) -)-0 I Q :JO'. 0 0 -w 0" t-IO :it-00 0 ...Jz , • ..JL!J .,..... "1 ..:U <'l u "' aJ w 0 ~ :;;: 0 ~ 0 ci z - • u z - 0 0 (.) ~ ...! 0 _J _J -0 :I (.) (.) -z f: <( z O:'. :i I.LI 0 (f) u 00 0::: ...! ID I.LI _J -lL ~ <.9 !'! --g 0 !.) 0: 0 aJ Q Q) ~ PROJECT NO. 2051019.00 MUO I : / / I / i HY~RANT GATE VALVE / i M 11177.1161 I . , ·-. I .~~. -. -._.~---1~78.2841 i , .• E:t5~!h2.,485 I l --, ., ··,-.-._ I I -.., I I I ' ' i ( '\ \ . . \ 8" GATE VALVt\\ ~\\ N 14121.7158 E 15321. 7729 ' ·' N 14119.3065 E 15322.9924 / / ---. __ \ \ \ ' , _ ___.,-- I ---' \ \ . \ I ( I, CLLTBlIOllSl~ SHC11=> /C)f1 F1 IC' 1:-: • // / / GRAPHIC SCALE --·· / N 13910.5538 E 15444.7427 HYDRANT GA TE VALVE t! 1 J999.66iSJ N 13909.2425 E 15451.0698 GATE VALVE N 13914.8659 E 15441.8353 FIRE HYDRANT #31 Id 13916.8677 8" GATE VALVE 8" GATE VALVE 14 136eJ2.1659 N 13604.2921 E 15608.0436 ti 13697.7789 N 13607.3624 E 15610.8091 N 13472.3722 E 15508.4138 2 .... c·4' I, ·-· • • 00 ~ -~-!!il•~·~~I ~I --1----1 ( IN FEET ) 1 inch = 50 ft. "'· 22.5' BENO ·I' N 14018.1657 E 15571.4533 8" GATE VALVE tJ 1o4zS18.S767 \ N 14146.2078 E 15840.4904 ' \ \ \ \ . \. \ n ,.,, c;" GATE VALVE f~-:, t> I_ 13278,84:32 N 13276.8791 ····---E 15710.8662 -=~,,,. \ \ HYDRANT GATE VALVE ; I< I ~S6Y.651!5 • N 13988 .. S;'ro <..J -] 'j , E 15973.0521 • 2.i;· BENO . I l1 J I • I '>Cr e..,J,J I ... t. I I' I I I I I I I FIRE HYDRANT .1#19 tll13712:.§t1l) ,..,_!+141l.4.!~ I N1 13711.1888 I IS 16120.9489 , I I I \ I .. / i..J"''"'""'''''"""""''"''"" / ····--·--7 .... ··--·-./ VALVE N 14048,3019 E 16159.2116 10" GATE VALVE iJ 13674.£661 N 13671.192§_ -·· .& IB106. 1T55 10" GATE VALVE N 13684.3468 I FIRE H~DRANT #18 ~1 1a.Ji~.a11a N 133~7.8214 E 160~~.4513 I HYDRAN~ GATE VALVE ti 1 ;!!68;€919 N 1336\l.0642 E 1607~.4011 J' ----· I I I I / I 66 7 I I I PROJECT DATA: BENCH MARK: USGS BENCHMARK Q-158, ELEVATION = 5957.45' NAVD 1929. BASIS OF BEARINGS: FOR THIS SURVEY IS A BEARING OF N 88'08'24 W, BETWEEN THE SOUTHWEST CORNER OF SECTION 1, A BLM BRASS CAP AND THE NORTH QUARTER CORNER OF SECTION 12, A BLM BRASS CAP. BOTH FOUND IN PLACE. Drawing Prepared By: ENGINEER: HIGH COUNTRY ENGINEERING INC. 1517 BLAKE AVE. SUITE 101 GLENWOOD SPRINGS, COLORADO 86106 (970) 945-8676 I FRANK HARRINGTON A FIEGISTERED LAND SURVEYOR IN TtE STATE OF I COLORADO, 00 HEREBY CERllFY THAT THIS AS-BUILT SURVEY OF IRON BRIDGE P.U.D~PHASE 2 Rd'AESENTS AN ACTUAL SURVEY MADE ON THE OROl.K> IN ACCORDANCE WITH TtE LAWS OF THE STATE OF COLORADO UNDER MY DIRECT SUPERVISION ON OCTOBER 2008 IN TtE STATE OF COLORADO. GRAPHIC SCALE 10 w ~ w ~--'-lllliillii~I ~~~I "<" •• I I ,, ( IN FEET ) 1 inch = 20 ft. ,!' J' ,, ' )) Jf: " _____ Jc_ I ,- L __ J UWNBRIDGE P.U.D. hEYM,\P [!'. z i;: z Qo r-.. w !;(<l 00 a oil'i (l) o G:O -jl'. j=-l r W oO N::; z 0 Nz ,_le ()) -1-0 . 0 :Jo: 0 0 j::W 0 tJ :ii-00 0 :lz . w ...:.. "1 <(D "' 0 IO ci z - • u z - 0 0 u C2 _J 0 _J _J .o IU u . z~ <( z a::: ::i wo (J) u 00 a::: _J !]) w _J -LL ~ el t'll --g 0 0 ~ i - PROJECT NO. 2051019.00 MU4 I I \ \ '• / II / / / I I I j 22.5' BEND • • ' 01 i'·-._ ~ l\) '•, •., / / ; / / j / I I / / ----'"'~.4~~----,·-· --~ 2S ~-...... _ --- -" ·-- ---·-----"---·------- . ··~ '·-. / / {"\,) '· CJ ·,,,_ ,! I ,/ ,! / i ,• I / / / / • ,. " I 22.5' ·~END I FIRE HYDRANT #2 (PHASE 3A) N 14465.40 E 16001.41 HYDRANT GATE VALVE \ 45' j3END \ ,/ (PHASE 3A)-/~/~._'!'.S... N 14655. 16 E 15821.44 I .. --- ,, ., { \~-' C~)--, i \ \ I ' \ . • / / \ \ I \. l, '· \\ ~'·, .. \'· / / / \ 57.7' \ \, • \ \ \ \ \ " / \ \ \ \ \ \. \ \ \ ' • \ \ •, ' \ \ \ ,\ ,\ \ \ \ / \ r0 -·I\ \ \ \ ,; FIRE HYO.RANT #1 N 14465.4Q E 16001.41 (PHASE 3A) 1CX: GATE VALVE IJ i "3S6.B654 N 14~9.8629 E 16067.7143 \., l}'r--- I I \ \ ' \ \ \ ' \ \ (\J CJJ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ PROJECT DATA: BENCH MARK: USGS BENCHMARK Q-158, ELEVATION = 5957.45' NAVO 1929. BASIS OF BEARINGS: FOR THIS SURVEY IS A BEARING OF N 88'08'24 W, BETWEEN THE SOUTHWEST CORNER OF SECTION 1, A BLM BRASS CAP AND THE NORTH QUARTER CORNER OF SECTION 12, A BLM BRASS CAP. BOTH FOUND IN PLACE. Drawing Prepared By: ENGINEER: HIGH COUNTRY ENGINEERING INC. GRAPHIC SCALE 20 0 10 20 40 80 I -~·m;;;;.';Jljl-l-1 --1----1 ( IN FEET ) 1 inch ~ 20 It. i r lRONBElDGE P.ll.D . ... -.i KEYMAP i]j z ~ Qo I' w !;(D (]() O u~ Ol o G:O -~ -_J w t;o c\J =< zU Nz >-"-0) -!-0 I 0 :JO'. 0 0 -w 0" l-"' ::il-(]() 0 :J iii . . U _ .. <( "' U IO z 0 Ul ~ ~ 0:: w ::;; ::;; 0 u 0 IJ) ~ 0:: (J) w 0 !:( ~ 0 ~ 0 ci z - • u z - 0 0 l) ~ .J 0 .J ..J .o J: l) l) . z /: <( z 0:: ::l wo (I) u 00 0:: .J Ill w .J -IL ~ l9 -0 Oii 0 0 ll'. 0 PROJECT NO. 2051019.00 MUS IRONBRIDGE P.U.D. AS~BUIL T SANITARY SEWER PLAN AND PROFILE SHEETS -- --~-- -~, / r- r • r -1 I t:ttiE~li1rn. ·-. ·-·p-• :-~-~ P.O.. ~--"--- r-I -_J L .. -.I I '--. J ! /------ i I ' I I ' '-- l ---_, .. 1 NOTI; 1. ALL WATER AND SEWER LINES INSTALLED ABOVE THE ROBERTSON DITCH SHALL HAVE MEGA-LUG, OR APPROVED EQUAL, JOINT RESTRAINTS INSTALLED FOR ALL PIPE JOINTS AND FITTINGS. 2. OVER-EXCAVATION IS REQUIRED FOR UTILITIES SHOWN ABOVE THE ROBERTSON DITCH. 3. ALL SANITARY SEWER SERVICES TO BE 4" PVC SDR-35 UNLESS OTHERWISE SPECIFIED. --I ! ' ' I r ' ,' I _J i r / / / / / / / / / / ,/ _( --- - - I ' ' ·-. ---------- Drawing Prepared By: I i I I I I ENGINEER: HIGH COUNTRY ENGINEERING. INC. 1517 BLAKE AVE. SUITE 101 GLENWOOD SPRINGS, COLORADO 86106 (970) 945-8676 1, FRANK HARRINGTON A FtEOISTERED LAND SURVEYOR IN THE STATE OF LORAOO, 00 HEREBY CERTFY THAT THIS AS-BUILT SURVEY OF IRONBRIDGE P.U.D~PHASE 2 REl'RE8ENTS AN ACTUAL Sl.F!VEY MADE ON THE ClROUND IN ACCORDANCE WITii Tl-E LAWS OF THE STATE OF COLORADO UNOER MY DIRECT SUPERVISION ON OCTOBER 2008 IN THE STATE OF COLORADO. --- :JIJ.aNfJV'Jt GRAPHIC SCALE 200 0 100 200 400 800 Lil -J//l·~•c1111m-l-l--1----1 ( IN FEET ) I inch -200 ft. PROJECT DATA: BENCH MARK: uses BENCHMARK Q-158, ELEVATION = 5957.45' NAVD 1929. BASIS OF BEARINGS: FOR THIS SURVEY IS A BEARING OF N 88'08'24 W, BETWEEN THE SOUTHWEST CORNER OF SECTION 1, A BLM BRASS CAP AND THE NORTH QUARTER CORNER OF SECTION 12, A BLM BRASS CAP. BOTH FOUND IN PLACE. ----uL--- ----C:TC---- ----G--- ---10"\/--- ---8"';/---- ------ss ---- ---6"F,,___ __ ---4"fl+----- ---IO"\J--- ---8"\J--- ---8"Ur--- ---4''TI""I--- -----GETC --- !@ ' ' LEGEND ASPHALT GRAVEL ROAD EXISTING ASPHALT EXISTING BOUNDARY LINE EASEMENT EXISTING EASEMENT ROW STORM DRAIN PIPE PROPERTY LINE UNDERDRAIN EXISTING BURIED ELECTRIC, TELEPHONE AND CABLE TV EXISTING BURIED GAS LINE EXISTING 1 O" WATER LINE EXISTING 8" WATER LINE EXISTING SEWER LINE EXISTING 6" FORCE MAIN SEWER EXISTING 4" FORCE MAIN SEWER ASBUIL T 1 O" WATER LINE ASBUILT 8" WATER LINE ASBUILT 8" SANITARY SEWER ASBUILT 4" FORCE MAIN SEWER GAS, ELECTRIC, TELEPHONE AND CABLE TV ASBUILT AIR VAC VALVE UTILITY CONDUIT EXISTING FIRE HYDRANT ASBUIL T FIRE HYDRANT EXISITNG WATER VALVE ASBUILT WATER VALVE EXISTING SEWER MANHOLE ASBUIL T SEWER MANHOLE ASBUIL T FORCE MAIN CLEANOUT ASBUIL T LATERAL CLEANOUT EXISTING FORCE MAIN CLEANOUT ELECTRIC PEDESTAL TELEPHONE PEDESTAL [ii z > Qo I' t5 !<!ii 00 0 uo: "' 0 -o v, 0: lL -,_ i=..J J w oO N :> zU Nz ,_tL Ol -,_o _,_ o :Jn:: u 0 -w 0" ,_ \0 :i 1--"" 0 ..J z ,,., . w ... ~u -f'J u II) (lJ w 0 ~ ~ Cl ~ 0 ci z - ~ ro ~ N 6 PROJECT NO. 2051019.00 PPSSO I ._/ 5960 I s9so 5940 5930 5920 5910 I , I Ill ! i \ / Iii 1'- 101._: -Irr.: II l!!l L L I w I I ! '----- 8"Pvc ! \ ! / \ ! r-~ I • •, 252.69 l. F ~·- 22+00 / / / / I -!--- 23+00 / 36 I I / l I @0.45% ~ i -·--f ! ---. \ I \ I ' \ \ \ \ \ I, '·---\ I \ __ .------ 37 ----. "(,.--, ... • 312 LF 4" C900 PV I I s"F>vc 24+00 ---- ' -"---1 -- 1 ! i . ' \ ' \ ~--- ' I ' \ • ---1 ----I \ 39 38 \ ----· I 1 ·-·- I \ \ \ ',_ -- \ \ ~--- ------ 32 ,..· \ \ \ \ --- I I ' ·. \ \ ' . ----· - 31 \ \ \ IBSSMH-36 STA 27+97.38 N 15001.443.-·" E J5S35:ll828 23 ------- OVER FLOW HIGH WATER ""'" ------ IBSSMH-4·7 N 15014.98 E 15096.38 IBSSMH-LIFT STATION #2 N 15034.93 E 15122.56 4.0' ~ 2Nli PUMP ,. tST ~p 2' ~ SHUT OFf ALL \ \ -· -- LINE OUT 30 \ , \ IBSSMH-371 \sn 3b+33.22 /' 'N 1\512,2.8576 . SANITARY SEWER ~ 1 ~33~,0739 FORCE MAIN · \ CL.f:~NOUT-6 \ •" \ \ \ \ ·~ \ ' \ \ ' \ . \ \.. ~· ' I ' I \ I \ CENTERtINE PRoFirtE RIVER BEND WAY SANITARY SEWER-NORTH \ --1-. STAJ: , --' - ' RADE @ CENTERLINE Zl±ob TQ SCALE: 32±54.40 HOIR 1 "-50' I ; ' ; ' VEJRT 1 .. -::: ~-. ' ' 22 \ '. los.21 LF 1187 LF, @0.50% . 8'.PVC 25J. )6 LF --~····· -r-- ¢"PVC 25+00 26+00 27+00 --i 28+00 235.sp LF ~+- 29+00 @o.37% ~ -i j .• s"Pyc 30+00 \ \ \ . \ . \ \ \ \ 71..36 LF 'f!-bF,. \ \ / I ! / IBSSMH-39 ' STA 31+7N(.95 N 15148.t 98 E 15196.2361 ! I \ • \ • / • • ! 21 71.06 Lf 79 L.F; I /\ . \ ~@0.42 8"1'VC . --l ~ .27 31+00 GRAPHIC SCALE ~ 0 ~ ~ 100 ~ be·-1-1~1----1----1 i 5960 123.01 LF ! 79 b.F. ' ' ~ i'f2%'1 · 8"PVC i i I I ' 5950 5930 5910 32+00 32+54.40 ( IN FEET ) 1 inch = 50 ft. Drawing Prepared By: ENGINEER: HIGH COUNTRY ENGINEERING. INC. 1517 BLAKE AVE. SUITE 101 GLENWOOD SPRINGS, COLORADO 86106 (970) 945-8676 PROJECT DATA: BENCH MARK: USGS BENCHMARK Q-158, ELEVATION = 5957.45' NAVD 1929. BASIS OF BEARINGS: FOR THIS SURVEY IS A BEARING OF N 88'08'24 W, BETWEEN THE SOUTHWEST CORNER OF SECTION 1, A BLM BRASS CAP AND THE NORTH QUARTER CORNER OF SECTION 12, A BLM BRASS CAP. BOTH FOUND IN PLACE. IRONBRIDGE P.U.D. onw> f5 z > z Qo I' w l-0 "' 0 <(<( "" 0 uo: 0) -o ll:i IL -1-}:..J I W 00 N::; zU (\J Z >-IL 0) - r-0 ' 0 :lo: 0 0 -w 0" I-<O :ii-"' 0 ...Jz VJ • ..Jw ,.;.. ...;r <(O t'l u "' 0 z - • u z -.. C> z -a:: LI.I LI.I z -C> z Ill ~ ~ :::> 0 0 :c C> -:c 0 0 u~ .J 0 .J .J .o :c u 0 . z r: <( z 0::: :J wo Cf) 0 00 a:: .J OJ w .J -LL. ~ l9 ~ Cl) Q Ol ~ PROJECT NO. 20f:H 019.00 PPS SS -· -·-------" -------- -----------·-- -----··· . I -~-1---- 1 I 272 273 --~· _ __,.--I 274 I I \ I 275 . / 278 285 372 LF 4'//C900 PVC. WT 11111 1i1i11 Iii!! MATCJ4~ T / 61 ,102 30' / / / '\, . '0"" / .~----.i.-/ IBSSMH-31 / STA 18+95.25· N 14329.59 .• E 1607Y,05 _ _j _ __. :-.. I !--· ""~~ 0) L I _,11 -~~I I I I -r --~-1 I I 1. I T"'""1 I \ I I I I I I 28 IBSSMH-27' STA 13+17.68 IBSSMH-28 IBSSMH-29 \STA 14+37.27 STA 15+70.87 IN 13881.39 N 14012.65 v>.\\ . 11 I II \ N 13762.63 I ----· -£ ·16ttl1,S8-- ! I, 5960 . . \~" ! \ ! I 5950 1· ' co (/) :Ill (/) ii ffitl,_,ETC COND.UIT TA: 12+50.29 . w s94o··!Vi·I ~U) 5930 5920 5910 .31 0 81 ~ () i!ll I- I<( ~ n"' . .,. :; (--.'. <» N "':ll ll"PVC ' '-- m-ci~ ....... "' "' "':ll 13+00 65 ---- I · 1 ... "' ..... o· ... "' O>"' "':ll @o.37% ~ , .. I ~~ "'"' "' "' "':ll I I I ' .. J B"PVC 14+00 1E 16115r33 .. ____ E-l'6l 3 1>.8!t ____ _ ! ,. IBSSMH-30 i I I ' ' STA 17+14.14 I I \ i \ I I I \ I '1 I I 1-- --'1-- r . "'"' .o r--"' ""' "'"' "' "' i I I I \ N 14157.80 • I I 1 \. '1~' ' . E 16127.93 ' I . 40~1 LF 4" ~900 P~C Iii ·1 !. • ··I"··. I 11 I, ! 6 3 11 "·.. '·l.. . I I . ;, · .. I ', ~, I"-, 64 I • 1 ' "· ··.t i '·. CENTERLINE\PL~N RIVE~ BENd whv · ... ": .. l··t. ···~~>'( .&ANITA~Y SEWER-NORTH \! ··1 .. ~//:~:xr/ t--- ' ' ' ' ;ci ~ ""' O> N "':ll 15+00 sr4: 12+soro21+so _____ .It ____ .1_ l-tt_~~-~-/t·· ! I 8"f'VC 1:uu.F. I @o.72% ~ 8"PVC 181.lt L.F. ···~···· ----; -- 4" C9Do: FORCE MAIN. STA: 1S+69.25 TO~' EWEV: 5928.47 · : i : ! ; 4li9.40% . I~ 8"PVC i SANIT~RY $EWER-NORtH , "'"' . "' N N .o "' . "' . "'"' "'.., "'"' "'"' "':ll "' :ll 16+00 $T8:Jg+.§QIQ_2J:t!.5Q ...... ,. S¢ALE: . "' -ui ~ "' ... "'"' "' :ll HOIR 1 "-50' VEffiT 1 "-5' ' ' --: N "' . .., ... "' "' "' :ll 17+00 ' ' ...,-"'"' iri "': . ... "' . "' "' "' ..., O> N "'N "' :ll "' :ll 18+00 I i ' ' o-..; !\/ "' "' O> N "' :ll I r I I ! 01"' ..... "' . "'"' O> N "' "' "' 19+00 I I ~--ii~~!Si~~~1.~~WER • INV 1ELEV: 5929.35 ; f'... 4" ,C900 FORCE M~IN "-STA: 19+18.26 · TO~ ELEV: 5927.9S I 189.25 L.t. ' r ~~ "1 N O> N "':ll .. ' @o.43% ,., "' .N "' . n N "'"' "':1l 20+00 / \ I . / a/'PVC r N-t<i~ n"' "'"' "' :ll I / / • / / !OJ L.F. ' "': :8 ..., . ...,- O> N "':ll 21+00 \ . \ 27 / / / .. -~, . I @o.39% @MQ% "' -. ..., "'..: "'"' 01 01 "' "' 5960 5950 5940 5930 5920 5910 GRAPHIC SCALE 100 ( IN FEET ) I inch = 50 !t. / ··• ~ (). PROJECT DATA: BENCH MARK: USGS BENCHMARK Q-158, ELEVATION = 5957.45' NAVO 1929. BASIS OF BEARINGS: FOR THIS SURVEY IS A BEARING OF N 88'08'24 W, BETWEEN THE SOUTHWEST CORNER OF SECTION 1, A BLM BRASS CAP AND THE NORTH QUARTER CORNER OF SECTION 12, A BLM BRASS CAP. BOTH FOUND IN PLACE. Drawing Prepared By: I ENGINEER: HIGH COUNTRY ENGINEERING. INC. 1517 BLAKE AVE. SUITE 101 GLENWOOD SPRINGS, COLORADO 86106 (970) 945-8676 moNBRIDGB P.U.D. DYllAP 5990 5980 5970 '. DATUM ELEV 5950.00 1+00 RADE @ C~NTERLINE 18"STORM SEWER ·--STA: .2¥35.Bl:L .. INV ELEV: 5973.55 ' ' I 8"WA TER MAINi STA: 2+46.641 TOP ELEV: 5972.671 2+00 2+61. CENTERLINE PROFILE PRIVATE DRIVE SANITARY SEWER STA: 1+00 TO END SCALE: HOR 1 "-50' VERT 1 "-5' 0: w z ~ Qo I' w 'i=2 ro 0 lJO: ~ 0 -o v, 0: !L -l-}::..1 I W oON:;: zll N z ,._LL (j) -f:.-0 J 0 :Jo: 0 0 -w 0" l-"' ::il-ro o ,_jz I < ..Jw -"1" <tlJ "' lJ "' z 0 Ui ~ ~ IX W ::;: ::;: 0 u Cl {j) E IX ro w 0 !;,: ~ Cl ~ 0 ci z • u z - 0: 0 PROJECT NO. 2051()19.00 PPSS7 CIVIL ENGINEERING February 25, 2015 Schmueser Gordon Meyer, Inc. Attn: Chris Lehrman, P .E . 118 W . 6th, Suite 200 Glenwood Springs, CO 81601 LAND SURVEYING An Employee Owned Company RE: RFWSD -IronBridge Phase III -First Review Comments Response Letter Dear Chris: This letter and the accompanying drawings serve as our response to comments from you regarding the Ironbridge Phase III project. Your comments are italicized and our response is thereafter: 1. Cover Page -Provide a signature block that states "Construction Approval by the Roaring Fork Water and Sanitation District". The cover page now contains a signature block that states "Construction Approval by the Roaring Fork Water and Sanitation District " on the right side of the sheet. 2. CS2- a. Watermain Note 2 -Delete C900 PVC 6 inch to 12 inch as it is not allowed in the District. C900 PVC 6 inch to 12 inch has been deleted from watermain note 2 . b. Sanitary Sewer Note 3 -Change Mid Valley Metro District to Roaring Fork Water and Sanitation District. Mid Valley Metro District has been changed to Roaring Fork Water and Sanitation District. 3 . Plan 02 -Show the District's backwash pond easement in between River Bend Way and Blue Heron Drive. The district's back wash pond easement (Tract A) is now shown in between River Bend Way and Blue Heron Drive". 4. MU 1- a. STA 80+75 -Lower waterline at crossing of storm sewer 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970 .945 .8676 phone 970.945.2555 faxwww .hceng .com Page 2 of5 At road STA 81+91 the water line crosses the storm sewer STA 3+02. The water line is below the storm sewer with a vertical separation of 1.5 '. The storm sewer and pond are not constructed as of 612612014. At road STA 80+ 75 the water crosses the storm sewer STA 10+02. The water line is above the storm sewer with a vertical separation of 13. 0 '. The storm sewer and pond are not constructed as of 612612014. b. STA 81 +05 -Curvilinear Line -Verify line has a minimum radius of 400 feet The curvilinear water line was found to have a radius of 330 '. Therefore the waterline was altered to a series of straight segments and several 11.25° and 22.5° bends. c . STA 88+16-Add three 10 inch gate valves to Tee Three 10" gdte valves were added to the 10" waterline at the tee. d. ST A 90+50 -What is this hydrant for? There is an existing hydrant at STA 90+ 30 OFF 24. 7 'R. e . STA 97+50 -Lower waterline at crossing of storm sewer At road STA 97+45 the water line crosses the storm sewer STA 0+67. The water line is above the storm sewer with a vertical separation of 4. 7 '. f. STA 98+00 -Add 3rd 8 inch gate valve to Tee A third 8" gate valve has been added to the tee. 5. MU2- Existing as-built water is currently constructed up to approximate River Bend Way STA 56+ 74 and Blue Heron Drive STA 71 +51. In response to comments 5a through 5d see Sheet MU5 for as-built drawings. a. STA 52+50 -Call out 10 inch gate valve See sheet MU5 for as-built drawings. b. STA 53+63 -Change 10 degree fitting to 11 .25 degree fitting See sheet MU5 for as-built drawings. c . STA 54+26 -Change 21 degree fitting to 22 . 5 degree fitting J :\SDSKPROJ\214\1026\Word Files\SGM Response letter 2-25-2015.doc Page 3 of5 See sheet MU5 for as-built drawings. d. STA 56+25 -Change 23 degree fitting to 22 .5 degree fitting See sheet MU5 for as-built drawings. e. STA 68+50 -Change 13 degree fitting to 11.25 degree fitting The 13° fitting has been changed to an l l.25°fitting at STA 68+48. f. STA 69+35 -Replace air release vault with fire hydrant located at STA 70+60 Critical points in the road profile are at 63+88 (Highest Point), 66 + 75 (Low Point), 69+ 14 (High Point). Fire hydrants are shown at STA 63 + 59. 3 OFF 19. 2 'L, STA 67+55.8 OFF 19.17' L, andat STA 70+60 OFF 19.00' L. The waterline shall be installed with the high point at STA 63+ 59.1. g. ST A 71 +00 -Change 41 degree fitting to 45 degree fitting The 41° fitting has been changed to a 45° fitting at 71+20. h. STA 76+50 -Change water service connection to connect to waterline rather than sewerline. The water service at station 76+50 now connects to the waterline. 1. Lift Station -Provide water service with a frost free lockable yard hydrant to service lift station. A water service is as-built to service the lift station with a frost free lockable yard hydrant. 6. MU3- a. STA 63+54 -Replace air release vault with fire hydrant located at STA 64+59 Critical points in the road profile are at 63 +88 (Highest Point), 66+ 75 (Low Point), 69+ 14 (High Point). Fire hydrants are shown at STA 63 +59.3 OFF 19.2 'L, STA 67+55.8 OFF 19.17' L, andat STA 70+60 OFF 19.00' L. The waterline shall be installed with the high point at STA 63+ 59.1. b. STA 40+36 -Is this gate valve needed? A gate valve is as-built near STA 39+52 OFF 7.2 'R. No valve exists at station 40+36. 7. PPSS-01- J:\SDSKPROJ\214\1026\Word Files\SGM Response letter 2-25-2015.doc Page 4 of5 a. MH 40 -Adjust manhole as shallow as possible The sanitary sewer line in Blue Heron Drive has been altered to have a depth of about 14' to service the lots on the NE side of the street. To minimize depth, the sewer now runs at the minimum slope of 0. 5%. b. MH 40 - 4 7 -This section ofline is extremely deep. Shallow this section of line by changing the grade to 0.5%. The sanitary sewer line in Blue Heron Drive has been altered to have a depth of about 14' to service the lots on the NE side of the street. To minimize depth, the sewer now runs at the minimum slope of 0. 5%. c. MH47 8 . PPSS 03 - 1. Adjust Rim to finished grade elevation The rim elevation ofMH 47 is as-built at 5931. 77. See Sheet PPSS8 for as-built drawings. 2. Replace this manhole with drop manhole as shown in detail B of the District rules and regulations. Manhole 47 is an as-built drop manhole. a. STA 99+00 -Relocate sewer service at least 5 feet away from fire hydrant. The sewer service at station 99+ 00 has been moved so that it is 10 'from the hydrant. b. MH 58 -59 -Adjust grade to achieve CDPHE minimum grade of0.4%. The grade of the sewer line between MHs 58 and 59 has been changed to 0. 4%. 9 . DET 1- a. Elevation Temporary BlowoffDetail -Where is this to be installed? This detail has been removed b. Fire Hydrant -Adjust installation height of traffic flange to be located 6 inches minimum above finished grade . The installation height of the traffic flange has been adjusted to have a minimum 6" above finished grade. J:\SDSKPROJ\214\1026\Word Files\SGM Response letter 2-25-2015.doc Page 5 of5 c. Air Release/Vacuum vault detail -Delete this detail as it is not needed anymore. This detail has been removed 10. DET 2 - 4 inch force main valve box and cleanout -Where is this to be installed? This detail has been removed If you have any questions regarding this letter or need additional clarification, please don't hesitate to call. Sincerely, ¥~ at t bew Langhorst, P .E. High Country Engineering, Inc . J:\SDSKPROJ\214\1026\Word Files\SGM Response letter 2-25-2015.doc CIVIL ENGINEERING February 25, 2015 Mr. Chris Hale, PE Mountain Cross Engineering, INC . 826 Y2 Grand A venue Glenwood Springs, CO 81601 An Employee Q,vr"'<I Company RE: Preliminary Plan Application for Iron Bridge Phase ID Dear Chris: LAND SURVEYING Below you will find the comments for your review dated May 24, 2007 followed by our responses in italics : Preliminary Plat 1. Drainage should be added to the use of the side, rear, and front easements on the plat. The notes on the plat have been updated to include drainage as a use. Plan Sheets 2 . GR-01 : No outlet protection is shown for the drain system . Outlet protection has been added to all outlets in the drainage system. 3 . GR-01, 02, & 03: Erosion Control Blankets should be called out on the steeper slopes . Erosion control blankets have been added to all proposed slopes greater than 4:1 . 4 . GR-01, 02 & 03: It is somewhat unconventional to create a significant grade break within building envelopes. These fills are often prone to settling and movement. Significant care will need to be taken to ensure specified materials are adequate and compaction is obtained. The grade breaks and benches are a temporary condition on the lots and will be removed when the houses are built. However, this grading will meet the Garfield County specifications for compaction. This grading is necessary in order to provide a lot balance for walkout and/or garden level lots. 5. PPSS: Sewer line is very deep. Deeper than a backhoe can typically excavate; benching may be required . Provisions for safety will need to be considered for those entering . Larger diameter manholes may be necessary with installed landing platforms at elevations them . What is the reason for the depth? This is understood and has been taken into consideration. The plans have been reviewed 15 l 7 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970 .945.8676 phone 970 .945.2555 fax www.hceng.com Page 2 of3 by the Roaring Fork Water and Sanitation District and all comments have been addressed 6 . PPSS: The slopes of the pipe are very flat. Great care will be needed to get the pipe at grade considering the depths proposed. The pipe slopes meet the minimum standards. The plans have been reviewed by the Roaring Fork Water and Sanitation District and all comments have been addressed 7. PPSS: The 18" RCP crossing at station 97+50 of the SS line is very close, even for concrete encasement. It is within a few inches. Verify the feasibility of this. At road STA 97+49.5 the sanitary sewer crosses the storm sewer STA 0+82.18. The storm sewer is revised to cross above the sanitary sewer to provide a vertical separation of 0.5' (measured from invert of storm to crown of sanitary); the wall thickness of the storm RCP is 2.5 ". The storm sewer is designed below the waterline to provide a vertical separation of 1.8 '. 8. PPSD: The storm drain line is very deep . This will make maintenance very difficult. Details have not been included for these deep boxes. At this depth consideration should be given to landing platforms for the safety of those entering and ascending and descending the ladders . Instead perhaps additional manholes could be installed at the tops and bottoms of grade breaks to follow grades more closely. This has been taken into consideration. Installing additional manholes at grade breaks will only decrease the depth for limited areas near the west outfalls. The current design provides pipes with flatter slopes resulting in lower velocities and the advantage of reducing erosion and scouring effects. 9. PPSD: The storm drain line is within 18" from the top of the water line in multiple locations . Separation should be verified with consideration given for the wall thicknesses of the pipes. All minimum separations will be maintained during construction unless the situation requires one or both of the pipes to be encased. Drainage Report 10. Water spread within the streets is a cause for some concern. Generally speaking, one lane of traffic should remain open during major storms for the safe passage of emergency vehicles and apparatus . The depths proposed would put the centerline of the road under a minimum of 6" of water, deeper for the rest. These depths may breach the back of the curb and gutter and any attached bike path spilling water into the lots. These depths and allowable spreads should be verified as acceptable by the emergency response entities. Also the spilling of water onto adjacent lots should be considered and drainage swales, berms, piping, and other drainage appurtenances considered for the safe conveyance of the minor, 25-year storm. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970 .945.8676 phone 970.945.2555 fax www.hceng.com Page 3 of3 During the 25-year minor storm, which is what the storm drain system is designed to carry, there will be one lane of traffic open for emergency vehicles. At the most critical cross section of River Bend Way, the estimated available lane during the 25-year storm is 11 ' wide. See the attached calculations. During the 100-year major storm the water will not reach the road centerline elevation; a clear lane approximately 7' wide is available. The maximum hydraulic capacity of the cross section is 8. 8 cfs to the full depth of the centerline. At no time will the water spill outside the road and into the lots. Attachments 11. The poor soils and potential for sinkholes still exists and the notes and conditions incorporated as part of the first phases should remain for this phase. The plat contains the necessary notes in regards to sinkholes on the property. 12. The sewer and water line construction drawings and design needs to be reviewed and approved by the Roaring Fork Water and Sanitation District. Verification of the approvals will need to be provided at the time of Final Plat. The plans have been reviewed by the Roaring Fork Water and Sanitation District. Comments were received by Chris Lehrman of SGM in a letter dated April 12, 200 7. All comments have been addressed and responses provided in a separate letter. 13 . Since storm drainage and grading often is dependent on the design of sewer and water, it is recommended that as a condition of approval that no grading permit be issued prior to receiving plans that are approved for construction by the Roaring Fork Water and Sanitation District. Noted ~~~ Matt Langhorst, P .E . High Country Engineering, Inc . 1517BlakeAvenue, Suite 101 Glenwood Springs, CO 8160 I 970.945 .8676 phone 970 .945.2555 fax www.hceng.com Ill\ Wii\'4Ri~.~1HH,Ni,,r-w.,~Wi~1 Mil 1\19~ ~1 Y ll 111 Recepti<>n~: 749679 . 06/02/200&06 :e0 :02 PM Jean Alb•rlCO 1 of 5 Rec Feo :$0 .00 Doc Foe :0 .00 GRRFIELD COUNTY CO · Escrow Number. Commitment Number. Closer: ESCROW AGREEMENT Denver, Colorado Dal&: The undersigned <lllpos~ with LAND TITl.E GUARANTEE COMPANY, a Colo!lldo Corpoia1lon , as Escrow Holder (the "Escrow H<ll<le<"), lhe Ite ms set forth In Schedule A, ID be held by Escrow Holder subject to 1he terms of th is E8ClllW AQ<eemenl, the Ge.neral Pro'lisions to the Escrow Agreement and !he Speclal lnstrucllons in Schedule B (collectively, Ille "Escrow Agreement"). 181 All cash deposit!I must be accompanied by a Form W-9 Request for Taicpayer ldenliflcation Number. "SCHEDULE A" (Deposit&) Good Funds In the •mount of One Miiiion, Three Huhdred •nd Fifty Thounnd doHars ($1,350,000.00) "SCHEDULE B" (Special lnstructloos) D Special Instruction No. 1 (Repaln) Attache<I D Special Instruction No. ia (Completion) Alteched D Special lna!nlctlon No . 2 (Lender Completion Instructions) Attached O Special Instruction No. 3 (Indemnity Agr_,,ent. Cash Deposit) Allached D Special lnstrucllon No. 4 (Deposllory lnstnictlons) Attached D Special lns1rucllon No. 5 (F.1.R.P.T.A.) D Special Instruction No. 6 (Resolution of Miscellaneous Issues) 1111 All other (See attached Ellhlblt "!>:') The pallles to lhe Esc:row AgmemenL by their slgnatute below, acknowledgo and agiee that they have rvad, and wlll be bound by the Escrow Agree t, Including lhe Geoenil Prov1$1oos to tho Eaaow Agreement. and the Spei)lal Tr;inllllCllona In SchedUle B. Address: Balcomb & Green P .C. Glenwood Springs, CO 61601 Telephone : (970) 945-6546 Email Ad<hsa: Um@balc0mbgraen.com SSN# or Tax ID# Conlact Person: Tlmothy A Thul!IOn LENDER! Address : Telephone #l. Tax ID# Contact Person (II applicable) Any correspondence regarding this escrow shall be addrvsse<I to: ATTN: ESCROW COORDINATOR Fonn 3560 H dol o.enoos IC~ ----•""e·ld Coun c/o Suidlng end ioe e• s11ee~ See. 401 Glenwood Springs CO 81601 Telephone: (970) 945-8212 EmaM Address: lredjarrnan@garftelek:ounty.com SSN# or Tax ID# Contact PetSon: Fred Jarman ESCROW nr:s TO BE AS FOLLOWS: (a) Sat up lee (b) Annual 188 (c) Miscellaneous I Receipted of the Escrow Deposil and acceptance of the Esaow Agreemenl hereby Acknowledged by ESCROW HOLDER 1111~m~~J1 1MH1Nf1~11~lilW:~~ :1~~ ~1~ ~1 Y 11111 Reception~: 749879 0610212~08 05:00 :02 PM Jean Alberico 2 of 5 Rec Fee:$0.00 Doo Fee:0 00 GARFIELD COUNTY CO 1. NoticK. LAND TITLE GUARAN1EE COMPANY GENERAL PROVISIONS TO THE ESCROW AGREEMENT Initials lnltlals (a) AJ notice• •hall be in writing and sllall be effective wneo &CWely received by the party lo""°"' Ille nolce I• addressed. (b) IVoy Notices delivent<I in lerms ol lhe Escrow Agre.,menl shall be delivered to the addresoee(•) given In lhe Esaow AgnKWTIBnl. (c) Notice may be cleflvered persona!y, by U.S. or privale mall, or courier. (d) A!J an allemellve lo physical dellve<y, any Notice may be delivered in eledronic form by facsimile or by email. (e) NotJcos with origlnal signatures shaM be provided upon request ol any patty. (I) All Nolk:M shall stale oonspk:uoos/y Ille Escrow Number ea 8llown on tile &crow Agreement (g) Any notice lo EllCttlw Holder, atui• be given no lat« 111111 2-4 houtS p!ior to the date and lme lor ad/on by E&eroW Holder. E9crow liolder agreee to 8C1 upon au noticeo given to It, v.tlk:I! are flJl/y approved by el applQpriale partiee an ore nol condlllonod upon eny event olher lhan Eoaow liolde(1 acllons, 001 later lhan 5:00 p.rn. on the bualness day ne>cl lollowlng lhe data upon which S1Jch Notice wst n1celvad. 2 . Ritt.,_ on HOUce. Esaow Holder may cal in reliance upon any llriing or instrvm.nt or signature which Eocrow Holdor, In good faith, believes to be geooine, and may assume lhe volidity and accuracy or IJll'f slalemant or .....,r11on ccnlalnod in such a y,riting or n.trumenl, and may assume flat any person purpofllng lo give any writing. nollce, advice or lnstrucUon in ccnnedloo with lhe provisions h""'°' has bean duly 11Uih00zed so to do. 3. Lowa flalollng to Unclolmod Fundo. All panlM are. horoby advised that unclaimed llinda moy be payable lo lhe Stolt al some lula.111 dale punuant lo u.Wlmod ptt>perly lawo. and should Ewow Holdel pay any 9llCI\ tunda held In the EICl'OW OepotJt. Ellorow Hold or Illa! be released lnom •" Mur. t96ponslbillty ul>der tho aaow .o,g,...,ant and 1111 .. not be liable lo any Pa<1y ao long IS 111ch paymenl waa l!)ade ponuent IO ~l>M law. -4. &ctow 0._11.,,d In-I E......i on Eoct0w ~ff . (a) In the evMt U\111 tho Esavw Oepcslt oonllfata ,,.n1y Oil~ cl mo.iey, lholl during Die potlod Iha E.aow Hokier Is In POl' ... ion ol lhe Eaa:ow Depa&/!. lhe monty wll be de90Slled In on FDIC ln..,.ed lnslltutlon (lllO 'lnsll1Ullon1. Depoolto o(lon lheJI $15.000,00111111 not -lnltrest. Dnposlt• of St5,000,00 lo $100,000.00 shall bar lnlornl Ill Ile,... paJd by 11101,,.liwlion . Depootts"' s100.ooo.oo or mare fnltf bed"9cle<f by the ,,....ieo henno to olher ll'P9• of~. Oil the i:saow-. moy ~welt tho Eaorow o.pGMI In RtpUftblae /qoomMl8 lo< U.S. TreoatH)' obllgalions or o/Mr Fedllflll llll'f1cy lo9Ued oocurlfeo . (b) Ewow liolder atuil not be _...,Ible f« mMmtzinp lhe yloid on Iha Escrow Depoail. Under no cil'CLll111anc8s shall Escrow Holder be '•bl• fQ" IOS.I ol fl.rid• M lo banlc orolho< inslitvtion [e;bw, including employees Oil agonla lholeol, SUfpellliOn c>t cessation ot buolne ... or any adiGn or Inaction on the port d the baOt or other inatltlAlon, or any delMlfy service 1ransportlog lunds to ond from the lntUlulon. (c) Al parties hereto 11111111 OMQl\<I and do1ive< ro Ellcrow tioldtf al lonnt "'<!Uired by lederal, state or oth• gcwnmmenlal agencies n!lallve lo laxalion rntl1ol'I and EICn)W Holder..ill me appro~e 1099 ot other lonnB. 5. f-and &pen ... of Eocrow ltolcleor. (•) n.. EaCtO* -sllall be .,Wod IO !9fnill<lf1tmen1 In ful, or moy d<lmand payment In edvance, lot ell ooat1, eiipenlft, """Vot. -or -pa)'ll*lta macle or to 11e l1Ulde by &aow liold•r In U. perbmencll O( EICl'OW Holdot'I duties an(! QWg•ll011' under tha Escrow lq9emem. (b) n.. par1jas to lhe E.t<r1'W ~nt.,. )Oolnt!y and -lly liable lor111e poyrnen1toEMtowHolderol1111 lees and _. •. bcmw lioldet 11 ht<eby ~ and dlteaed to dlaburn to lla<lil In paymenc crlHt., .._,..,.from llr'/ flJnds In 1he Escrow Depollt "'*'1ar '""" prlndpol or ln.ereAI Oil bclh, al fir'/ limo , and rnxn limo to !One, as lie ..,...mayDl-anGo.lng. (c) E.Krow-11 h...Oy authollz.od to ..tlhhokl "'t'f roes Dle-trom atrt chbunemenl or disl111l<Jllon cl &crow Oeposli ID 111Y Pll!1y lwelo or to the Clod< of .. Court upon nt~. (d) In the o119!1l llW the Eoc.-Dopoeil sl\lllt cantl.11 ol documanll only Md nol !undt, Elc:rvw liDld« moy """"" to dl1tri~o 11ny 1..ctl documenil ot to o-.e act Ulldrlrltis >Qraemonl unlll II~ by u~ -and .. >i>_ havo been paid In IUll. 8. No...iloblllly of &crow H-.. (a) Eacnow Hol<ler IMll not DI I-fat ooy misulket of fact, or"""' of judgrMnl ot lot llr'/ acts or omlallont ol •"f Wiid _, cetlMCI b)l lhe wldUI mlltondLICI or gtOll noglgence of i:.aow Hold«. (b) Esaow-lhall •olbo &able fotenyta>:t1.-..m11t11Sc>t-~181 CllarpN..nlcnmaybelevie<IDl ..-upon the e-ow o.i1111 "'atT'/ pa11 llereol', or_, Ille /nooo10 lhe<etom . (c) Ea..-lioldtr may nliy upon Ile ecMce ol eo<1noel ...i Uj)Qrl 1t.i.monto ol acoounlanll, ""*-9 ot-peraOllt rusonobly believed by H In good loitl IO be -'In lhO mauen upon Vltllc:h lhay •• ~. ond for .,Y raasonallle action lakon or auflored In good foilll beHd upon IUCll ecMce or 1tai.m1n1s. 7. Indemnity or Escrow Holder. Tiie parti6& here1o, Jolnlly and se-.1/y, eg"'8 lo: I) Indemnify Escrow Holder and hold it harmle" as lo any labllty by ll lncum>d by the Escrow Holder to any other peroon or peD0r10 by reason ol lhis Escrow Ag'""'""'· or In ccnnection herew41h '""""Pt lor Elcrow Holder'a _, wOlllA mlooonckH:t or Of'O" noglig....:e. end I) """1burW esaow Hold« lat d 11$ -"• includlng, but not necesurily llnllled to etlOmeyl· fees •nd aiurt coota lnwm>d in mnnncllon herewilll. 8. Dilputn -lr*rpltadw. (•) ill Ille 11\'ont ol &"f dlJpUlll ""'-'the Piffles ao to o11har law ot lact, or in the """"t any or 11\e P..Vn ~foil for arry reason, IO lully '**"' .,,d ecqy~ 1he EWO* lioldar In W!liog, Eoaow liolder may refuao , In Ila dlsctellon, to cany out said ncivw lnall\ICllons Oil lo ddl.-"">' llindt , documenlS, ot Pftll>llrly Jn /Is hands to ~ end In ao doirlg shal nol beccm• ~able lo demand. (b) Escrow liolder shall be enutled to c:ootinuo, withoul Hablltty, to refreln and refute lo ar;t: I) until al lhe rlghla of the ad""11e olalmanta ho"" been nnelly lldjudiceled by• -ri having jtJri>dlction over th• Parlies and lhe Items efflciad hereby, after wllich lime lhe Escrow Holder 1hall be enlitled ID act In oonlormlty with •ueh od)udlallon: ot H) ...,.;! 1_1 dilfe,...._,, ""'"nave been adjuoted by agre&mant and E1crow Holder sllafl hava beetl nollfiod 111.....af and allal haw beon dlrwctocl in ...ntlng algned jointly or in c:ounletpart by lhe Partleo and al persons maldllg adverse dalm& or demand•, at wlllc:h tima Escrow liolder ah81 be prolocied in acting In compDIWlee therawllh. (c) Escrow Holder also has lhe ri!1>1 lo inte<plead into a c:ou~ of oompotonl jurisdieliOn at the e.pense al the Parties. 9. 119quHI lor Wrtlten lnllnro:tloM. (e) Esaow Hokl6r may at any lima, and from lime to lime, 111quea1 tile pertias IO provide Wlttlen lnsbuctloris ccncemlng Ifie propriety ol a-""' peymenl ol funds on deposil, dlstri>ullon of documents, or other action OI retusal to od by Escrow Holder. (b) Should Ille par1>K tal l 10 prov!~ such wrl/ttln insiNC1lonl wflhln a 1111sonabl• ime. Escrow l1older may lallo sudl ecttoo , ., re/use IO let. •• n may daef1I rrppn>pr!Jtt and ihd not be labl9 to enyono lat ••ch-ecUon or ralu!lal 10 act. (c) N~ lhe fotDgotng , should"""""" ot .the &=w Agmemont !Ni ~WJIJ!. n IN )uOQmont cl E.sotaw Holder, then lhe E""""" Hold er mo y dlsl>un;o any lund&, dlst.1bu l• documot11s , or l ake suc:ll octlon v.ltlloul gpoc:/k further written in&lruciions lnxn any J>arty. Form J5eo H.dol 0412005 P•ge 2 Gt 3 1111 W-m\~J1MH1N~1~1~1fJtl'!Fa 1 rr\tlil-U ~1 ~ 11111 Receptjontt: 749679 0610212008 05:00:02 PM Jaan Alberico 3 of 5 Rec Fee:S0.00 Doc Fee:0.C0 GARFIELD COUNTY CO 10. RHlgnotlon of Eoicrow Holder. (o) Escrow Holder moy resign under lhis Agr9001enl by giving written no"ce lo al o! lhe parties hetelo, effective 30 days .nor u-.. d.lle d uKI ootke. (b) Upon lho eppolmmeol trt Ille partlo• o! •MW 6ocrow h<ilclor"' aiolodl:>n,"' upon written lrostruclk>n I<>....,,_ Holder lor olh..-dlsposillon ol lhe e-0opoB11. Eocrow Holclt< oh•I, allef tel"'1lkln ol 111 "°"""" naowf .... and ·~•. W ""Y· ahol clolM>r llWI Eoo-ow poposil ....,hln 1 reaoonablt perlocl ol !!me iu &0 dl<Ktld. and <hall be 1811evad of OifYf and all Nablllty here\Jnder adslng !hereafter. 11. Benoflt. All righlll and pJOlection• afforded to Escrow Holder in lenns of lhe EscJOw Agrwemenl shall Inure lo. and for lhe benefi1 al , lb underwriter. N used In Ille Escrow Agreemenl, the lerm "Eocmw Holder: shall Include lb underwritar, and !heir reopectlve agenls and 19presen1a11ve. 12. Applicable Low. This Agreement •hall be gowmed by Iha la-.... or lhe Stale ol Colorado. 13. Cou~OClllmllo . Tllo E.oaow Ag18..,,lnl maybe Oltooo!od In any number ol °"""lorpllf!S, eacll ol ""lch """"1 oo execuiod lllal conolilule lhe enti'e agteernefll bo"""9n Ille potti&I horelO Wld m.,Y bo eimculod In fecs'"111• and 1ueh rx.,n11o slgno\Jie llh8JI be eta1plld •• origlnftl tlgnnlureo. The portico edo!CJW!edfle and agree ll\11 U-e""' no hilendod "' "nloloncjtd flit<! porty b<>nonoan .. wr.o may rely upon"' boll8lil rrom '"" pro111""'1a oflhi• agr""'•nt. Forn1 l~eo u dot 04J2005 ll\IMl\~l'~1MJL~.r-r,.~,!wfl~M~1W ~~1 Y 11111 Recept i ontt : 749679 . 0610212 009 05 •0ll ·02 P" Jean Alber i co 4 of 5 Rec fee :SO 00 Doc Fee:0 .00 GARFIELD COUNTY co This Escrow Agreement is entered into by and between LB Rose Ranch LLC ("Rose Ranch") and the Board of County Commissioners for Garfield County, Colorado ("BOCC") and Escrow Holder for the purpose of securing the completion of construction of deed restricted affordable housing units ("Affordable Units"), as defined under Section 4.14 of the Garfield County Zoning Resolution of 1978, as amended, within honbridge Planned Unit Development, Phase II and Phase III, all in accordance with BOCC Resolution No. 2004-20 ("PUD Approval"), which provides in relevant part: In order to ensure that affordable dwelling units are made available for sale in a manner corresponding to the development of non-restricted lots within the first subdivision phase and all subsequent phases of the Ironbridge PUD, Applicant shall be required at all times and until construction of the entire 30 affordable dwelling units is complete, to have constructed and sold or constructed and [sic] available for sale, affordable dwelling units in a number equal to 100/o of the total number of unrestricted units which have at that time been sold or made available for sale 1• If at any time, this percentage falls below that required I 0%, Applicant shall be required for each such deficient affordable dwelling unit, to place $150,000 into an escrow account in favor of the Board or to provide such other security in lieu thereof as may be acceptable to the Board, which funds or security the Board will then apply toward the construction of the affordable dwelling unit. In accordance with the above, Escrow Holder is instructed to disburse the funds deposited herein under Schedule A ("Escrow Deposit")2, as follows : To Rose Ranch Escrow Holder shall disburse the sum of$37,500.00 to Rose Ranch upon Escrow Holder's receipt of written confirmation that as to each Affordable Unit the following stage of construction inspection has been satisfactorily completed: I. Footing and Foundation Wall; 2 . Plumbing, Chimney and Vent and gas piping; 3 . Framing and Insulation and Drywall; 4 . Certificate of Occupancy (Temporary or Final) Said swn shall be disbursed for each such Affordable Unit at the completion of each identified stage of construction inspection hereinabove identified. Written confirmation shall be made utilizing the standard construction inspection process under the current 1 At its meeting of November 13, 2ml, the BOCC by motion clarified the meaning of the phrase, "wtrestricted units which at that time have been sold or made available for sale" to mean unrestricted units for which certificates of occupancy have been issued. At this meeting, BOCC also by motion and with the agreement of Rose Ranch required that restricted units equaling the then required 10% of unrestricted units, as above defined, be made available for sale by December 31, 2008. 2 The present Schedule A Deposits were computed on the basis of the total unresbided lots for which Certificates of Occupancy had been issued on December 31, 2007. In accordance with the above ci led portion of the PUD approval, additional funds may be deposited into the Schedule A Deposits by Rose Ranch which additional funds shall be disbursed in accordance with the provisions herein set forth. Exhibit A to Escrow Agreement Page 1 Exhibit A 1111 rtr. ~''~1NIL~.~ .Hr.~f,r-A'Ni'.IM~·~ 11111 Reception#; 749679 06/02/2008 05:00:02 PM Jean Rlberico 5 or 5 Rec Fee:$0 .00 Doc Fee :0.00 GARFIELD COUNTY CO Garfield County Building Code employed by the Garfield County Building Department and shall be signed by the Garfield County Planning Director or his or her designee. All interest on the Escrow Deposit accrued during the tenn of this Escrow Agreement shall be disbursed to Rose Ranch upon confmnation of completion of the last required Affordable Unit. The procedures set forth hereinabove are intended to govern the manner in which the Escrow Deposit are disbursed to Rose Ranch and shall not affect in any respect the manner or conduct of inspections to be performed by the Office of the Garfield County Building Inspector. TotbeBOCC Escrow Holder shall disburse the balance of the Escrow Deposit, together with all accrued interest, to the BOCC upon Escrow Holder's receipt of a duly approved written resolution of the BOCC confinning that the BOCC has detennined Rose Ranch to be in default under the PUD Approval. Such determination shall be made at a duly noticed public meeting for which Rose Ranch has been provided two weeks advanced written notice. Rose Ranch hereby waives any and all claims against the BOCC, its officers, employees, agents and contractors on account of each of their good faith perfonnance of their obligations under this Escrow Agreement. Rose Ranch shall defend, indemnify and hold hannless the BOCC, its officers, employees, agents and contractors from and against any claim made on account of this Escrow Agreement Exhibit A lo Escrow Agreement Page2 Q:IR\11 ... Ranch\DEVELOPMENnl'b... IIMlroubblo Holl£ing\Exhibil A 10 Es<row A_.,... 2-IJ.(MI Clean.doc