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HomeMy WebLinkAbout1.09 Water supply and connection agreementEXHIBIT 10 Water Supply and Connection Agreement Aspen E uestrian Estates PUD Amendment & Rez E uestrian 'nine A!!tication AMENDMENT NO. I WATER SUPPLY AND CONNECTION AGREEMENT This Amendment No. 1 t0 the Water Supply and Connection Agreement dated September 5. 2001 (the 2001 A4wcement is referred to herein as the "Water Agreement" and this amendme t thereto is referred to as the "Amended Water Agreement") is made and entered into this 71'i day of A1,¢R.GJ1- . 2013_ by and between Blue Creek Ranch Homeowners Association ("13C R 110.A"). Aspen Equestrian Estates Homeowners Association ("AE:1. 110A"). (loss Montessori School ("RMS"). and the Al 1.:/RCR Master Water Association (the "Water Association). Recitals A. A1:1: 110A is an original inal party to the Water Agreement: 13. I3CR 110A is the successor to Blue Creek Land 1 loldiniis. EEC. the developer of the Bloc Creek subdivision. which was an original party to the Water Agreement: C. RMS is the successor to Aspen Equestrian Estates. LEC'. 1lhich \vas an original party to the Water Agreement. due to RMS" acquisition of the Equestrian Lot within the Aspen Equestrian Estates subdivision from Aspen Equestrian Estates. 1,1.C. the developer ()Utile Aspen Equestrian Estates subdivision: 1). The Water- Association has been formed pursuant t0 the \Vater Agreement. is currently the owner of the Plant (as that term is defined in the Water Agreement). \yell permit nos. 053322-1: and 05323-1: and Basalt Water C'onserv'ancy District Water Allotment Contract No. 343. and presently provides water service to the residents. lot owners and community facilities within the 131nc C'rcck Ranch and Aspen Equestrian Estates Subdivisions: 1.. The current parties to the Water Agreement desire to amend its terms in order to accommodate connection of the school facilities to be constructed by RMS to the Plant. as more particularly sen forth in this Amended Water Agreement. NO11' 'f1II.RFI ORk. FOR VALUABLE ('ONSII)ERATION. the receipt and sufficiency of which is (hereby acknowledged. the parties agree as filllows: I. Authorization for ('onnection. lfpon Rl\4S' satisfaction of all terms and conditions set north in this Amended Water Agreement. the (Vater Association is hereby authorized and directed by AI:1. 11OA and !WIZ 110A to permit the connection of the public charter school facilities to he constructed by RMS upon the Equestrian l.ot within the Aspen l':questrian Estates Subdivision, and to provide up to 28 EQRs (equivalent residential units equating to 350 gallons of treated water demand per day per 1F.QR) of treated. potable water for this school facility. The physical connection of the school facility to the Plant shall be undertaken in accordance with Water Association criteria and with plans and specifications prepared by a Colorado -registered professional engineer to be provided to and approved by the Water Association prior to construction. which approval shall not he unreasonably withheld. RMS shall be responsible for all costs associated with the physical connection. including reimbursement of any costs which may be incurred by the Water Association in its review of the plans and specifications required hereunder and!or with regard to inspection and acceptance of as -built improvements required by the Water Association pursuant to this Amended Water Agreement. All outdoor water uses in excess of the water requirements for 2800 square feet of irrigated area upon the Equestrian 1.ot shall be served by non -potable ditch sources. not treated \vatcr from the Water Association's system. 2. Water Service Charues. R1\TS shall pay fbr lustre water service on the basis of 28 1:t?Rs at the standard prevailing rates per EQR applicable to owners of residential units within Blue Creek Ranch and Aspen 1:qucstr'ian Estates. 3. AI;I: \Vater Demand. Section 8 ofihc Water Agreement is hereby amended to increase the average annual treated water demand for the AEI', property. including the 1:questrian 1.ot. from 36.4 acre feel to 47.32 acre-feet. 4. I.ecal Water Supple. The Water Association shall undertake to secure a Water Allotment Contract with the Basalt Water Conservancy District ("13WCD") which authorizes the diversion of the water to bc supplied to RMS pursuant to this Amendment No. 1. RMS shall reimburse the Water Association liar all costs associated \\ lib the Allotment C'ontr'act or ancillary issues concerning con rmation of a legal \voter supply (such as a additional well permitting that may be required). including without ]imitation all application fees and legal and engineering expenses (all application fees shall be prepaid by RMS directly to the I3WCI)). To the extent not already included within the I3WCD's boundaries. RMS hereby consents to the inclusion of the Equestrian I.ot within the 13\VCD upon all terms and conditions as May be required by BWCI). The Water Associations obligation to provide water service to RMS's school facilities upon the Equestrian Lot shall be contingent upon successful acquisition of an additional 1315'('1) contract that allows additional water service to the Equestrian Lot under the 13WCI)'s umbrella augmentation plan. 11 for any reason such should not be obtained. RMS shall be responsible for providing the Water Association with. or paying the Water Association's costs 10 develop. an alternative legal water supply acceptable to the Water Association prior to the Water Association becoming obligated to provide oily water service to RMS. 5. Upgrades to Plant. The Water Association shall undertake such upgrades. replacements or improvements to the Plant required by Colorado Department of Public Health and Environment. The cost thereof will bc shared in proportion to LQRs. 6. Wells. RMS shall convey to the Water Association all of its right, title and interest in and to all wells upon the Equestrian Lot. including the Pinto Well (Permit No. 53232-F). as well as any interest RMS may have in Well Permits numbered 57121-1.57122-1'. 36529- M11. and 58810-1'. RMS shall also convey permanent. non-exclusive casement to the Water Association sufficient to connect the Pinto Well t0 the Plant (including running underground electric lines thereto) and any other existing or future \yell that Vial' be located on the Equestrian E01 outside oldie existing potable water system casement that the Water Association already holds near the southwestern corner of the Equestrian 1.ot. The Water Association shall be responsible for all costs associated with the future connection ofthc Pinto Well to the Plant, provided that RMS shall pay its pm) rata share thereof' to the Water Association according to a pro rata assessment based upon 28 1'-QRs of water service. RMS shall not drill or develop any other wells upon the Equestrian 1.0! Without approval Of the 'Vater Association. 7. Back -Up Power. RMS shall undertake an engineering analysis and proceed to develop and construct a bac!:-up power system for the Plant prior to RMS opening a public charter school on the Equestrian Lot. 8. Directors. Section 4 of the \Vater Agreement is amended to provide that the I3oar'd of Director's shall consist of aft additional member so that there will be five (5) members. one of which shall bc selected by RMS and the other four of which shall he selected as set forth in Section 4 of the Water Agreement. "thereafter. Board of Director decisions shall bc made by the vote of not less than three (3) Directors. The Water Association shall undertake amendments to its Bylaws as necessary to change the structure of its hoard accordingly. 9. Enforcement. Section 13 of the Water Agreement and Section 3.15 of the Declaration of Protective Covenants for the Aspen Equestrian Estates Subdivision (dated .lune 5. 2001) and recorded on .lune 6. 2000 in the Garfield County records at Reception No. 564582) both contemplate that any delinquent assessments payable to the Water Association shall he enforceable by assessment liens against the delinquent lot owner's property. RMS. confirms and agrees that the Water Association shall have the right to impose. record. foreclose and collect upon an assessment hen upon the Equestrian Lot or to curtail water service (upon the same terms. including collectible interest. costs and attorney fees and notice requirements as set forth in the Declaration) should RMS ever become delinquent in its payments to the Water Association as required by the Water Agreement or this Amended Water Agreement. 10. Effect, Except as amended herein. the Water Agreement shall remain in full force and effect. I I , Reimbursement of Costs and Attorneys' fees. RMS shall promptly reimburse reasonable costs and attorneys' Pecs incurred by the A AE,E110A and the Water Association in negotiation of this Amended Water Agreement and the associated Agreement between RMS and the AEE 1 IOA dated 317143 being entered into contemporaneously herewith. Reimbursable expenses (including. reimbursements required by paragraph 4. above) shall be remitted by RMS to the ALL 1-IOA or the Water Association. as applicable, within thirty (30) days of RMS' receipt of an invoice for the same. 12. Binding Effect/Recording. the provisions of this Agreement. together With the Menloranduin of Agreement executed on September 5. 2001 and recorded in Garfield County as Reception No. 591633 and the Water Agreement shall be binding upon the parties hereto and their successors and assigns. and in particular. any subsequent owner of the Equestrian 1.ot for so Tong as the F.questrian Lot has any right to NN titer service from the AEIII3CR shared Neater system. Blue Crec . Zanch I loin veers Association 13v:, 13 c, aliverc1L5 . its T 3 A7' Date: Ashen Equestrian Estates 1lomcowners Association By: Date: its Ross M ntcssori School 13}:r1�i Date: AEI:/1 "1. 1vl et 'titer Association 13v: I)'te: 3-7-13 ,its