Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
3.0 Conditional Agreements
Ali C n1/5id,,y4.r G DnVnrJ ("nmomnfi November 4, 2004 Garfield County Planning 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 Attn: Mark Bean RE: Powerline Professional Park Release of Collateral IICE Project No. 95020.04 Gentlemen: Enclosed, please find field reports, test legs, and correspondance, confirming the inspection and approvals for the improvements at the Powerline Professional Park. These approvals are based on periodic observations of the construction in progress, and include the road, earthwork and utility improvements listed in the Powerline Professional Park Summary of Probable Construction Cost, and have been completed to the intent of the Subdivision's Improvement Agreement, approved construction documents, and Garfield County Regulations. Also enclosed is the as -built drawing and an Amended Plat for the Powerline Professional park which clarifies that the Powerline easement can include other shallow utilities as required by construction. Also included are letters from utility companies, and system operators, confirming the installation and operation of the utilities. IICE recommends that a warranty bond be established to cover the project for one year from the date of acceptance. This will cover establishment of revegetation, settling of trenches, and any other repairs, outside the scope of normal maintenance. IICE recommends this bond be held in the amount of $10,000. This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract or other means, including commonly accepted ndustry practices. On the owner's behalf, we are requesting the release of collateral for road and earthwork improvements, being held by the county for the completed construction. Please contact me if you have any questions or need additional information. Sincerely, IIIGII COU TRY ENGINEERING, INC. Rogelil. Neal, P.E. Project Engineer RDNlrjh enc. cc: Bob Klein Sherry Coloia 1517 Blake Avenue, Suite 101 Glenwood Sprint;s, CO8160 971.945.8676 phone 970.945.255.5 fax 1-1 inverness I]ri'e East, Sure 1'-120 i?rrgIewaxod, C:C).$011 . .31)192'5,1-1..344 phone Fax Pages: , (including this cover sheet) - Date: TO: FAX # 2 ; 2 (1) (1-(/ 4 4 ///// (.75/ 4,/ 7 4 2 1 Garfield County Building & Planning Department 109 8th Street, Suite a01 Glenwood Springs, Colorado 81601 (970) 945-8212 * Fax: (970) 384-3470 >,,,‘ April 7, 2003 Western Slope Development P. 0. Box 1198 Rifle, Colorado 81650 Gentlemen: Garfield County BUILDING & PLANNING DEPARTMENT Please be advised that on April 21, 2003, at 10:00 a.m., staff will request that the Board of County Commissioners draw on the Letter of Credit established to secure the improvements for the Powerline Subdivision. As of May 1, 2003, the letter of credit from Alpine Bank will expire and there have been no requests for the release of security. The Subdivision Improvements Agreement Amendment signed last year, gave you until November 1, 2002 to complete the improvements. Based upon the provisions contained in the Agreement, the County will has no alternative, at the time of expiration of the letter of credit, other than to proceed forward with the vacation of the Final Plat or to complete the improvements ourselves. At this time, staff is recommending to the Board that the improvements be completed with the funds in the Letter of Credit. If you have any questions about this letter or the issue noted, feel free to call or write to this office at your convenience. Sincerely, Mark L. Bean, Director Building & Planning Department Xe: Don DeFord Sherry Caloia 108 8th Street, Suite 201, Glenwood Springs, Colorado 81 601 (970) 945-8212 (970) 285-7972 Par: (970) .3M-3470 CALOIA, HOUPT & HAMILTON, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (970) 945-6067 - VOICE (970) 945-6292 - FACSIMILE Please direct correspondence to this address SHERRY A. CALOIA JEFFERSON V. HOUPT MARK E. HAMILTON MARY ELIZABETH GEIGER CYNTHIA F. FLEMING April 11, 2003 S-ciaZ SI 70 PARK AVENUE PROFESSIONAL BLDG. 121 NORTH PARK AVE., SUITE B MONTROSE, COLORADO 81402 (970) 252-0180 - VOICE VIA HAND DELIVERY Mark Bean Garfield County Building & Planning 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Developer Improvements—Powerline Subdivision Dear Mark: Enclosed please find an original certification of completion of improvements for the Powerline Subdivision. Please let me know if this is acceptable to the County. Please also let me know whether the hearing scheduled for April 21, 2003 will be vacated. Thank you for your patience. Please call me if you have any questions. Sincerely, CALOIA, HOUPT & HAMILTON, P.C. Sherry A. Ca SAC Enclosures cc: Bob Klein, wlenc. John Barbee, w/enc. Western Slope-Bean-ltr April 7, 2003 Mark Bean Garfield County Planning 109 8th St, Suite 303 Glenwood Springs, Co 81601 RE: Powerline Professional Park Subdivision SE Job No. 1016 Dear Mr Bean This letter is written to formally notify the County of the work completed for Powerline Park. Based on periodic observation and testing, the construction has been completed in accordance with the intent of the plans and specifications that were reviewed and approved by the county. The improvements were constructed in compliance with the Subdivision Improvement agreement. Attached is the original cost estimate. Engineers Cost Estimate $194,289.00 Completed $194,289.00 SOUTHWEST ENGINEERING LTD. 37 HINSON RD., TYLERTOWN, MS 39667 TEL 601 594 9169 POWERLINE PROFESSIONAL PARK SUMMARY OF PROBABLE CONSTRUCTION COST June 15, 2001 ITEM QUANTITY UNIT COST COST Grad ME & Earthwork Mobilization 1 L.S. $5,000 $ 5,000 Earthwork I L.S. $ 9,000 $ 9,000 3" Asphalt 2,192 S.Y $ 8.85 $ 19,400 6" Class 6 ABC 600 C.Y. $ 7.00 $ 4,200 12" Class 3 ABC 1620 C.Y. $ 5.00 $ 5,500 Pond Lining 7,000 S.Y. $ 5.00 $ 3,500 $ 46,660 Storm Drains 24" NDS N-12 70 L.F. $ 20.00 $ 1,400 24" ADS Flared End Section 2 Each $ 180 $ 360 $ 1,760 Domestic & Fire Water *Price includes trenching and fittings 8" DIP Fire Waterline 650 L.F. $ 22.50 $14,625 1" Water Service 8' Each $ 950 $ 7,600 Fire Hydrant Assembly 2 Each $ 1,750 $ 3,500 Pump Houses 3 Each $ 1,500 $ 4,500 Pump House Appurtenances 3 Each $ 1,500 $ 4,500 Fire Supply Intake 1 Each $ 1,000 $ 1,000 Fire System Pump & House 1 Each $12,266 $12,266 $47,991 Sanitary Sewer 8" SDR 35 Sewer Pipe 610 L.F. $ 22.50 $13,725 4' Dia Concrete Manhole 5 Each $ 1800 $ 9,000 4" SDR 35 Sewer Service 8 Each $ 200 $ 1,600 Connection to Existing Manhole 1 Each $ 1,000 $ 1,000 2" Polyethylene Force Main 600 L.F. $ 12.50 $ 7,500 1950 GPD Lift Station 1 Each $12,000 $12,000 $44,825 1�IEM QUANTITY Shallow Utilities 4' Utility Trench 700 L.F. Electric Vault Excavation 4 Each Telephone Utility 650 L.F. Gas Utility 650 L.F. Electric Utility 650 L.F. Topsoil Management 1 Each Miscellaneous Surveying & Construction Admin. 1 L.S. Class 1 Ground Sign 1 Each Revegetation 3,000 S.F Sub total: 10% Contingency: Total: UNIT COST COST $ 6.00 $ 4,200 $ 600 $ 2,400 $ 4.00 $ 2,600 $ 4.00 $ 2,600 $ 10.00 $16,500 $ 1,000 $ 1,000 $29,300 $ 5,000 $ 5,000 $ 100 $ 100 $ 033 $ 990 $ 6,090 $176,626 n cost was prepared for estimating purposes only. $ 17,663 $194,289 Date 51 Gr l -,C G' $DV ttJ W' .o 1461 PL,i'ICt The Permittees); Robert O. Klein P.O. Box 324 Silt, CO 81652 970-876-5242 Applicant; Ref No, 99-035 John E. Barbee 501 North 7th Street Silt, CO 81652 970-876-5242 is hereby granted perrnission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this ,permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: On the north side of US highway 6, a distance of 2500 feet west from Milepost 94. Access tc Provide Service to: Multi -Use Development 150 ADT 100.00 % Other terms and conditions: * See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions( COLORADO DEPARTMENT OF T4ANSPORTAflOON COLORADO HIGHWAY ACCESS PERMIT Permit fee ect,. Eta— Date of transmittal 300.00 , L) 03/24/2000 COOT Permit No. 399164 State Highway No/MD/Side 006D/093.500,Q Region/Section/Patrol 03/02/10 Local Jurisdiction Garfield County MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Title Date By (x) Upon the signing of t is permit the permittee a rees to the terms and conditions and referenced attachments contained herein. All con traction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Bryan Geick with the Colorado Department of Transportation in Rifle at 970-625-2286 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permittee (x) This permit is not valid until signed by a duly authorized representative of the Department. COLO -7 DEP RTMENT OF TRANSPORTATION By (x) Date (of issue) ocr Title Access Manager Copy Distribution: Relluired: 1.Region 2.Applicant 3.Staft Access Section Make copies as necessary for. Previous editions are obsolete and may not be usea Local Authority Inspector CDOT Form /181 8/98 MTCE Patrol Traffic Engineer EXHIBIT 5 State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission (of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222- 3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's intemal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years frorn date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shah be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to unproper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at ail times during access construction, in conformance with the M.IJ.T.C.D. as required by section 42-4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any utility work within highway right-of- way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan.. 11. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittees use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43- 2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. Form 101, Page 3 STATE HIGHWAY ACCESS PERMIT 399164 Issued to Robert O. Klein TERMS AND CONDITIONS 10 October 2000 ADMINISTRATION 1. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 2. A Notice to Proceed, CDOT Form 1265 is required before beginning the construction of the access or any activity within the highway right-of-way. The following items are required before a Notice to Proceed will be issued: i) Construction Plans Stamped by a Colorado Registered Professional Engineer in full compliance with the State Highway Access Code. ii) Development Phasing Schedule to include, at a minimum, traffic counts of development traffic or anticipated traffic and appropriate access improvements. This plan shall be submitted annually or at the time of significant improvements in accordance with Section 2.6 of the Access Code. This shall be prepared by a Colorado Registered Professional Engineer. iii) Certificate of Insurance Liability as per Section 2.3(11)(i) of the Access Code. iv) Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. DESIGN 3. The Permittee, through a Colorado registered professional engineer shall provide design and construction plans addressing, as applicable, geometry, drainage, striping, signing, and signalization to the Department for approval 45 days prior to commencement of any work for the purposes of issuing a Notice to Proceed. Design plans must include but not be limited to layout of the access, highway improvements, utility locations, present and proposed drainage, present and proposed right-of-way lines, present and proposed traffic control devices, and clear zone analysis. The plans shall be sealed in accordance with CRS 12-25-117 and shall include the following statement on the cover page of the plans: (a) "This design is in full compliance with Section 4 of the State Highway Access Code, 2 CCR 601-1 except for the following approved variances:" (b) Note: ALL plans must be submitted on 11" x 17" sheets at a minimum scale of 1" = 20'. No other plan sheet sizes are authorized. Location drawings may be submitted at other scales as approved. 4. A traffic impact study shall be conducted and submitted in accordance with Sections 2.3(4) and 2.3(5). The traffic limitations listed on the face of this permit shall be adhered to. Vehicle counts using the access shall be adjusted for vehicles longer than 20 feet in accordance with Section 2.3(4)(e). GEOMETRY 5. When signalization of the intersection becomes justified as per the Manual on Uniform Traffic Control Devices (MIJTCD), the Permittee shall submit a preliminary plan for signalization. Signal design, construction, installation, and operation shall be conducted in accordance with the State Highway Access Code (2 CCR 601-1) and the MUTCD. All costs associated with the installation of traffic signals for this access are the responsibility of the Permittee. This includes but is not limited to the design, construction, utility relocation, testing of materials, and inspection. 6. The access shall be constructed perpendicular to the travel lanes of the Stale Highway for a minimurn distance of 40 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% -2- STATE HIGHWAY ACCESS PERMIT 399164 10 October 2000 Issued to Robert O. Klein TERMS AND CONDITIONS (cont.) grade for a minimum of 20 feet. If curb and gutter are present, the slope shall be calculated from pan line to pan line. Any revisions to this requirement shall be subject to Department review and approval prior to commencement of any work within the highway right-of-way. 7. Pursuant to section 4.10(2) of the State Highway Access Code, the access roadway shall not exceed a maximum grade of 10 percent within the highway right -of --way, as measured 50 feet beyond the pavement edge and extending to the right-of-way line. The access vertical grade shall be designed and constructed in conformance with the Department M & S standard M-203-1. 8. Slopes shall be at a 6:1 ratio on the roadway and a 6:1 ratio on the approach. 9. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 10. All culverts installed shall be a minimum of 18 -inch in diameter and have protective end treatments. 11. Nothing in this permit shall prohibit the chief engineer from exercising the right granted in CRS 43-3- 102 Including but not limited to restricting left hand turns by construction of physical medial separations. 12. All costs associated with the installation of traffic control devices for this access are the responsibility of the Permittee. This includes but is not limited to the design, construction, utility relocation, testing of materials and inspection. MATERIALS 13. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon completion of earthwork construction and prior to use. This access shall be hard surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 50 feet from the traveled way. Where the hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is achieved. 14. Surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. Contact the Access Manager at (970) 248-7230 to request a materials recommendation letter from the Region 3 Materials Engineer. 15. Placement of base course materials shall be in accordance with section 304.04 of the standard specifications. Compaction shall be in conformance with AASHTO procedure T-99. 16. The top layer of plant mix bituminous pavement shall not be placed between October 1 and April 1, unless otherwise approved by the Department. 17. If frost, water or moisture is present in the sub -grade, no surfacing materials shall be placed until all frost, water or moisture is gone or removed. 18. Compaction of Hot Bituminous Pavement shall be in accordance with section 401.17 of the Department's standard specifications. Compaction of the Aggregate Base Course shall comply with section 304.06. 19. Compaction of sub -grade, embankments and backfill shall be in accordance to section 203.07 of the Department's standard specifications. CONSTRUCTION / UTILITIES -3- STATE 'HIGHWAY ACCESS PERMIT 399164 Issued to Robert 0. Klein TERMS AND CONDITIONS (cont.) 10 October 2000 20. All construction work must be under the direction of a Colorado Registered Professional Engineer and, upon completion of the work, "as -built" plans shall be submitted, showing in detail all approved construction changes, modifications, and revisions. The "as -built" plans must be sealed in accordance with CRS 12-25-117. 21. Water, sewer, gas, electrical, communication, landscaping, and telephone installations will require individual additional permits. 22. Survey markers or monuments found in state highway right-of-way must be preserved in their original positions. Notify the Department at (970) 248-7220 immediately upon damage to or discovery of any such markers or monuments at the work site. Any survey markers or monuments disturbed during the execution of this permit shall be repaired and/or replaced immediately at the expense of the Permittee. 23. It shall be the responsibility of the Permittee to verify the location of the existing utilities and notify all utility owners or operators of any work that might involve utilities within the State Highway right-of- way. Any work necessary to protect existing permitted utilities, such as an encasement will be the responsibility of the Permittee. Any damage or disruption to any utilities during the construction shall be the Permittee's responsibility and shall be repaired or replaced at no cost to the Department. 24. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. TRAFFIC CONTROL 25. All work that requires traffic control shall be supervised by a registered professional traffic engineer or by a traffic control supervisor certified by the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA). When flagging personnel are required, the contractor in accordance with the Department standards shall certify them. 26. Any incomplete construction activity on the State Highway that must be left overnight, shall be barricaded and signed in accordance with the Manual on Uniform Traffic Control Devices and other applicable standards. 27. Open cuts, which are 6 inches in depth, within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays. 28. No more than 6 feet of trench areas shall be opened at any one time. Open trenches and other excavations within the State Highway right-of-way shall be backfilled and/or paved before 3:30 P.M. of each working day or be protected in accordance with the M.U.T.C.D. 29. Any work within State Highway right-of-way shall begin after 8:30 A.M. and all work and equipment shall be off the highway BEFORE 3:30 P.M. each day. 30. Two-way traffic shall be maintained at all times on the highway in accordance with the MUTCD and Colorado Supplements or as otherwise approved. 31. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 32. Construction traffic control devices, when not in use, shall be removed or turned away from traffic. 33. All temporary pavement striping shall be done by the Permittee/contractor in conformance with section 627 of The Department's standard specifications for Road and Bridge Construction (latest edition). MAINTENANCE -4- STATE HIGHWAY ACCESS PERMIT 399164 Issued to Robert O. Klein TERMS AND CONDITIONS (cont.) 10 October 2000 34. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All materials removed shall be returned to the Department. 35. It is the responsibility of the Perrnittee to prevent all livestock from entering the State Highway right-of- way at this access location. Any livestock that does enter the highway right -of --way shall be the sole responsibility of the Permittee. 36. Landscaping shall not obstruct sight distance at any State Highway access point. In the event the landscaping becomes unsightly or considered to be a traffic hazard, The Department may require that it be removed promptly by the Permittee and at no cost to the Department. 37. If the access utilizes a gate, the gate shall be set back far enough from the highway so that the longest vehicle using the access can clear the roadway when the gate is closed. 38. Any damage to any present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. 39. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet the Department's standard specifications for top -soil, fertilization, mulching, and re -seeding. COMPLETION 40. A fully executed complete copy of this permit must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 41. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days from initiation of construction within State Highway right -of --way. 42. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. 43. All required access improvements shall be installed prior to the herein -authorized use of this access. 44. Upon completion of the access, the applicant shall notify the Access Manager by certified mail within 10 days at: Colorado Department of Transportation Region 3 - Access Manager 222 South 6th Street, Room 100 Grand Junction, Colorado 81501 -5- �iYGt ✓E i?/�YG October 26, 2004 Mike Morgan Rifle Fire Protection District Rifle, CO Fax 625-2963 Re: Fire Flow Test TICE Job Number. 99077.00 Dear Tim: I sending this letter to provide information for our flow test at Powerline Professional Park. The following formula provides a flow rate for the fire hydrant flow test ran at powerline. The Q formula produces a value in GPM based on the nozzle diameter and pitot pressure (solving for "Q".) Where Q— obser red flow, c=coe#flcient of discharge, d=outlet diameter, p=pitot pressure For the coefficient c we will use .9 which is used for hydrants with smooth and rounded outlet. We will also apply a coefficient of 0.83 for flow tests taken through a pumper outlet, this is from table 4.8.2 of the 2002 edition of the NFPA Calculating for the pumper nozzle at 4.5" diameter with the pitot pressure reading of 17 psi, the flow rate for the hydrant is (x=(29.83)(0.83)(.90)((4.5)"2)SQRT(J 7)=1860gpm. The static pressure was 47 psi. The residual pressure was approximately 33 psi. This meets our requirement for 1500 gpm and a residual of no less than 20 psi. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone (970) 945-8676 - Fax (970) 945-2555 14 Inverness Drive East Suite F120 F.nglewood, CO 80112 Telephone (303) 925-0544 - Fax (3031975-n 4 Based on the results of the fire flow test, it is NCE's determination that flow at the hydrant is in excess of 1500 gpm, with a residual pressure greater than 20 psi. Please contact me if you have any questions or additional comments. Sincerely, HIGH COUNTRY ENGINEERING, INC. i .(7-Z-___-)( R .' er D. Neal, P.E. Principle Enc. RIFLE FIRE PROTECTION DISTRICT • ' November 3, 2004 - High Country Engineering Attention: Roger Neal • 1517 'lake Avenue, Suite 101 Glenwood Springs, Colorado 81601 Reference: Powerline Professional Park flow test ',Mt'. Neal, • • 1 have reviewed the letter•andthe data yoti have presented regarding tate flow lest conducted at Powcrltne Professional Park to Rifle. In•review of tate data you have presented as well as your calculations, 1 concur that the:flows exceed thekttini►mmi requirements when the 4.5-into connection is used. Thank you for -Your cooperation and feel free to contact rite if you have.atiy additional ceinittetlts. Sincerely, Mike Moog wi Chief Telephone (970) 625-1243 • Fax (970) 625-2963 :1850 Railroad Avenue • Dille, Colorado 81650 Received Time Nov. 4. 16:46AM Garfield County INTEROFFICE MEMORANDUM To: Mark Bean, Building and Planning Department From: Scott Aibner — Garfield County Surveyor Subject: Powerline Professional Park Subdivision - Review Date: 11/10/04 SURVEYOR SCOTT AiBNER, P.L.S Dear Mark, Upon review of the Powerline Professional Park Subdivision plat, 1 have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. The adjacent street or highway should be labeled on sheet two. 2. Powerline Road would be easier to identify if it were drawn in a heavier line type and at the same time make the easement lines less prominent. 3. The witness comers indicated on the plat refer to a distance but do not indicate any direction. The direction should be given or the monument symbol should be moved along the line to its witness position. Once these comments have been addressed, the surveyor may prepare the mylar for record pending further requirements from your office. As Garfield County Surveyor cc Frank Harrington- High Country Engineering, Inc. 1098thStreet, Suite201 • GlenwoocISprings, 0081601 • (970) 945-1377 • Fav: (970) 384-3460 • e-mail:saibneac aifield-counh,com O5/16/2@O1 11: _ 000ppoppa•o_ trAGGQGGGGGPGGDEV, PAGE 02 Xcel Energy- PUNLIC SERVICE COMPANY May 17, 2004 Bob Cline Wostem Slope Development P Box 119B Rifle, CO 81050 RE: Powerlino Road Dear Mr. Cline: 75313 1111chmann Avenue Grand Junclion, Colorado 816(4 Xcel Energy aanowiedges being the energy supplier for Poworline Professional Park, 27753 Highway 6-24, Rifle. Tho gas and electric distribution was installed March, 2002 and is available to serve win 3 lots in the subdivision. Please contact me at 970-244-2626 or 970-244-2661 fax if ran OR of further assistance. Sincerely, 4,4ted Bezzt Harold Bali Planner Fa e -d t y- ** TOTAL PAGE.01 ** Received Timp mAv .1P 11 'AQA1i Rpr 07 04 01: 17p Patrick M. Fitzgera]d iidzz.7 1(1 .I('2visaUWI j penp3eN p.1 Jor1N R. SCI FINK DAN KERST WILLIAM P, dcWINTER. 111 CAROLYN M. SERA 1JTMAN SCHENK, KERST & deWINTER, LLP A PARTNCRS} i IP OF PRO."E-SSIONA(. (-OR PORArIONS ATTORNEYS AT E,A W 302 CrGI MI STREET, SUITE 310 GLENWOOD WOOD SPRINGS, COLORADO S I67! T1;l,EPIIONr. ()70) 945-2417 TELECOPIER. (970) 945.4707 April 7, 2004 Patrick M. Fitzgerald Glenwood Brokers, Ltd_ P.O. Box 1330 Glenwood ,Springs, CO 81602 Re: Waste Water Treatment Services LLC Powerline 'Professional Park Service Dear Pat: Tom Triplat, the principal operator of the wastewater facilities of Waste Water Treatment Services, LLC, has inspected the connections made to the facilities on Cottonwood Springs by the developers of Powerline Professional Park. As you know, that company has agreed to provide sewage wastewater treatment for the Power!' ne Professional Park development through a con nection to the plant at the eastern boundary of Cottonwood Springs Park. Mr- Triplat reports that the measurement flow meter is installed and the connecting manhole and lid are properly in place. He believes one test 'lithe lift station on the Powerline Park property has been successfully completed. No sewage wastewater is currently being delivered to this location. Waste Water Treatment Services is prepared to accept sewage wastewater from Powerline Professional Park in accordance with the service agreements made between the respectivearties. IT you need any further information or confirmation on this matter, please contact me. P .IRS/clh cc: Thomas 1. Triplat (via fax) FAC W St14;wc Wrtcrsvc.PP/Vi.K..td 1.ui,e 2'd TTTTTI1TTT 5- 3-04; 9:32AM;OWEST ENG. 05103/2004 To: Bob Klein Western Slope Development Re: Power Line Professional Park. AdL L : 4 'AEI7 WLL peAluad n 1 Qwest Qwest Communications will provide telephone facilities to above-mentioned project, as defined by the current PLIC Tariffs. Telephone facilities have been installed to feed the above-mentioned development. Lot owners will need to provide a conduit/raceway for their telephone service. Gary Gibson Senior Design Engineer 970-384-0255 cc: •d T T T T T T T T T T Isic h F-1 pi HEPWORTH - PAW LAK GEOTECH FCAL December 4, 2002 Western Slope Development Attn: John Barbee P.O. Box 324 Silt, Colorado 81652 Hepworth-Pawlak Georechnical, Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Fax: 970-945-8454 email: hpgea@'hpgeotech.com Ra=t" E!VE 1flEC Job No. 199 661 Subject: Subgrade Condition of Access Road, Powerline Professional Park, Highway 6 & 24, Garfield. County, Colorado Dear Mr. Barbee: As requested, we have reviewed our geotechnical study conducted for the proposed development, report dated October 26, 1999, Job No. 199 661 with respect to pavement subgrade conditions. Five borings were drilled and one pit was excavated to evaluate the subsoils at the project site. The subgrade soils below the topsoil consist of stiff sandy silty clay. The natural clay soils can be used for support of pavement materials. The pavement section should be consistent with the clay subgrade and expected traffic loading conditions. Surface drainage and grading shou;d not allow ponding of runoff on or adjacent to pavement areas. If you have any questions or require further assistance, please call our office. Sincerely, HEPWORTH-PAWLAK GEO _, : AL, INC_ fes° \� � p ' v La' i # Steven L. Pawlak, P.E. is 1 5'2 2 2 M `' SLP/djb J..•.s ScroHAI � A'•<oGe° ' cc: High CountryEngineer ��Q1 .; : Deric Walter Parker 343-841-7119 • Colorado Springs 719-633-5562 • Silverrhome 970-468-1989 ri`4/ 1J/ 1UU4 19:02 0000000000 11 1E111 ■• rnri MO +Hada.., ...-- Z1 09/17/2001 02:52P 61287 P178 11 AMORE F 11 R 0.00 D 0.010 GARFIELD COUNTY co POWFRLINE PROFESSIONAL PARK SUMMARY OF PROBABLE CONSTRUCTION COST August 15, 2001 ITEM Grnrlin & Earthwork Mobiliirration Earthwork 3" Asphalt 6" Class 6 ABC 12" Criss 3 ABC Pond Lining Storni Drains 24" NDS 'N-12 24" ADS .Flared End Section EIAGGGGGGGGPGGDCV UANTI7Y UNIT COST 1 L.S.. 1 L.S. 2,192 S.Y. 600 C.Y. 1620 C.S. 7,000 S. Y 70 L. i 2 Each Domestic & Fire Water *Price includes trenching and fittings 8" D.IP Fire Waterline 650 L.F. l" Water Service 8 Each Fire Hydrant Assembly 2 Each PurnpHouses 3 Each Pump House Appurtenances 3 Each Fire Supply Intake 1 Each Vire System Pump & House 1 Each Sanitary Sewer 8" SDR 35 Sewer Pipe 4' Dia Concrete Manhole 4" SDR 35 Sewer Service Connection to Existing Manhole 2" Polyethylene Force Main 1950 GPI) Lift Station 610 L.F. 5 Inch 8 Each 1 Each 600 LI'. 1 Each Received Time ARr•25, 7:054 $5,000 $ 9,000 8.85 7.00 $ 5.00 $ 5.00 $ 20.00 $ 180 $ 22.50 $ 950 $ 1,750 $ 1,500 $ 1,500 $ 1,000 $12,266 $ 22.50 $ 1800 $ 200 $ 1,000 $ 12.50 S12,000 MEL $ 5,000 $ 9,000 19,400 $ 4,200 $ 5,500 3500 $ 46,660 $ 1,40x[). 60 $ 1,760 $14,625 $ 7,600 $ 3,500. $ 4,500 $ 4,500 $ 1,000 $126 $47,99 I $13,725 $ 9,000 $ 1,600 $ 1,000 $ 7,500 $.12,000 $44,825 PAGE 02 04/25/2004 19:02 0000000000 ITEM OJANTITY Shallow Utilities 4' Utility Trench 700 1,.F Electric Vault Excavation 4 Each `.telephone Utility 650 L.F. Gas Utility 650 L.P. Electric Utility 650 L.F. Topsoil .Mnnagetr nt t Each M c:ellaeaen a . Surveying & Construction Admin. n. 1 L.S. Class 1 Groin! Sign 1 Each Revegetatiolc 3,000 S.F Sub lo111t: 10% Contingency: Total: 11111111111111111111111111111111111111111111111111 388421 08/17/2001 02:52P 81287 P170 M ALSDORF 11 of 11 R 0.00 D 0.00 GARFIELD COUNTY CO Received Time APr.25. 7:05PM E`_ IAGGGGGGGGPGGDEV UNIT CAST $ 6.00 $ 600 $ 4.00 $ 4.00 $ 10.00 $ 1,000 $ 5,000 $ 100 $ 033 PAGE 03 COST $ 4,200 $ 2,400 $ $ 2,600 2,600 $16,500 $ 1,000 $29,300 $ 5,000 $ 100 994 $ 6,09(1 $ 176,626 $ 17,663 $194,289 M Empioyce-Owned Company High Country Engineering, Inc. 1517 Blake Avenue, Suite 1.01. Glenwood Springs, CO 81601 (970) 945-8676 r Field Re loll Conditions�� Project Name: /t L1,� Project Number: (-7llL;,j, 04 - Contractor: subcontractor: A07,70,)>, Report Prepared B Attachments: 0 Date // Temp:.3.2 .17;2.1 -74. -:752(72f, -,(A-1-1 115 rpt -I �Ur:--' OF /7 1f /'�/.-e�< . Photo Documentation: - ,L Wit: r r.' 0VLT J70 07/- Oro- Hou. E An Employ -Owned Company High Country Engineering, Inc. 151'7 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970 945-8676 (r1) /11. Photo Documentation: Field Report Conditions: Temp: 3&° Project Name: Project Number: Contractor: Subcontractor: Report Prepared By: Attachment 3: 1;-/-c9z. Bate: ///a41/44 0,L) -72; a --00-r 4,S-7- _Fre2--7 .S A S /-ew -.4;/(vA-) t-:/ 620- rIS 77//-1-r 134-7rat-7 _57-e9n 16.7,1 / 17:067;4z-e-Tgy3/J (0 A fieiTt /1 cv ^ LI.2,1-1 AIL -7) Fp 'D--> t ----r777 777(—T 100 44'='--) /3 - t--OC.2g.T24_1/C-e.-1 IF- , _ / /()(-) ) OLL-4,4---t7m=7-4 df__ -1 0 Atk.t7,,ek 7 1.4<k},kizoL)(../io. 477-56.0r/ti---,,ur-DcED /Jy 0,3 oF 7L7--- JD Acc-a-s3 tr),uc L14,v Lc./ ekrDikz,„ -r /06,/ 0 -r 1_17:577. le -e- /7 AA- WC /1f- L3Y (),/- V L /LM o 1-7-/azz5 Fiea LI/JA ,r1-OO/QgD /Le- LJ-r/L-,1 Ty s CTjJ High Country Engineering, Inc, 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 (970) 945-8676 Field _Rep on Conditions: `Project Name: Z./e,JE Project Number: q qo , t� Contractor: Atirttow -7;;; -fxwc 7 Date: q Subcontractor: /e4/0d- Temp: 7.2° Report Prepared By: Attachments: s (4) /'; -C cs.J I c± -1 /3X �= p �� f.J_5 Zcvc.. �� ) • / 7. -r a_.—, %—%r<e.-c.s.� �{�', [.61E7) N .560p5'E- caF Ste- 76 di 1 71 Dom, Oatlith 0 l tier) 06._) LS 6cP1U 775 1,5 trITV -, )/=-7 -C/� AJ() 7 y -r / Gr K' c y / Flavi-7 1 1 a-C..y- A iLiThiC)fct HE - rte, Photo Documentation: /00 f las PROJECT JOB NO. BY �� DATE 7 CK'D BY DATE SUBJECT PAGE OF 6'9�J �cki>JL -co.) ?:6 -4-; / 6 ori iC,p, 0 7 4 0763,2(5 67`11 5ot, J"7 17 4 1 V2 x /1..... .4). 3.24 [if' 12J I 1 GLENWOOD SPRINGS, CO 1517 Rlakr. Avrnl,r S,.irr Int • f.„.,. r1 c...r..__ rn o+ rn+ ENGLEWOOD, CO High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 (970) 945-8676 .Fuld Revort / Date: /0/07/04- Temp: a/o /0Teamp: 57 ° Conditions: Project Name: /wc - Lime Project Number: 7g0.375: © 4 Contractor: ,Acerfu Subcontractor: Report Prepared By: Attachments: (-An) ` C r rc T-7:kive-silaiyt? ,,( 776{u ,(- /(fir 774- 6 _ --�~ WovO • /ice , 0.3 C [✓/rick--' /71A-- s ,4±-4/-160, /--," (/ icy/r FT+v r/ sv� ,� /,&J YCsr+• Ti 7r j /17,u, tier O + �a �c //-/6-7.7-71 l asr Fejckf.mcn y--7 7-T2-0>/ A H °1- , ,h/ PS-27..t_L.s/ ��/ rr7c�CvN j: , rZhue1 )f y 1. ,uo r by,,/j-r 1e 4_1. I-- �,. Au Ca /(- .-), 1755 rs r� re - 0-rr� aur 1 -J -A -T' 3a r X i, Photo Documentation: 06 8- ,-) 1'i reline Exca ated at Puznp High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 (970) 945-8676 4 -Eve 3uJ/ FieldReport Date: q/a Condition3:a�,�/ Project Name:�, �r Project Number: c9.,5ocL Temp: 7.' Contractor: Ao err) Subcontractor: Report Prepared By: Attachments: "`tea /_)-sT-0c.-Ti00 QF r`Y2_o cry C car I17C O r I r , r ?c)cujT�="As7c 23C A -)07 -ac, 7 Y ti 171rs r:, /3 /r / 3/c c),t= Off/ QA-) 14wy ce tum_,E-- Photo Documentation: 06 A- £3(5E,-7 dC�3•,*rtT ,..) C�Cic.474 r. G S - Ake -T,+- 4-C4- 196, ..5uJAL-11.1 06. 7 4- 06.7 - A,Se) oThe /7,zP -1 . r N U 1. Irrigation Ditch St utli z\rea-Slight Swale. Swale -Middle Area High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 (970) 945-8676 Field Report icief)) a t e ire) Conditions: re_ Temp: o.e3 Project Name: fr7; wcz Project Number: Contractor: 7i7,ey/ Subcontractor: Report Prepared By: Attachments: 1 v -41t -/IC rra — -Cf Tr= -7E- 'e75 V;Luot--7 /7 Stf-C--1 / &LS T/L)G, /7)24 crr_7 411077 F'/L3 cr) LU!LL V/ Pc) ,Oaft-) Lj Photo Documentation: /Jo ft -7D High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 (970) 945-8676 Field Report Conditions: /4 - Project Name: v iv - 1-21-)E Project Number: 7/00 Date: g1 q/6 4 Temp: Contractor: 1 P_ Py Subcontactor: Report Prepared By: Attachments: 77;,1,'S�, J T7E (FY, Cep 1T 75 22o KA' L7 r7 D i.7ce / U 3) Ca c: V c.,J0 r-7 f (. 47l)Ca I7,tc,-¢cf:), ACOO srr ,r7)44-5 > r700 crr } liter 70 kG0U r -r ,7fL -3 . c r f /OUT- 14- C- vu r✓r Photo Documentation: High Country Engineering, Inc. 1517 BIake Avenue, Suite 101 Glenwood Springs, CO 81601 (970) 945-8676 Field Report Conditions,. ("1..eProject Name: 0,0c1c. Project Number: q 4.. Date: 7% 9 /od Temp: '7° Contractor: -17+0,0Y Subcontractor: Report Prepared By: Attachments: -,I5ITC Cor0 r //u37, -/-a Sig /7/ , 7, gi r-7 2 ro /711 3 ), i7h` 3ivis /71-/ d -n, f 7H.5 r y 3s Vca /7(V 3 /Ak;2 LIE U kArr 4)-7)W 1 5 /7/4 3 4 /7.1f,, ) 5 / .C7/17700 /7 I Ds;) leai:ut 71 .y{,J ,e � GJ� r -r I( STfiuG 7-5 ,?^ u / 4v -r /s Photo Documentation: 0 5 High Country Engineering, Inc, 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 971) 945-8676 Field Report / oaDate: 7.///2./. C on di ti ons : Temp: ?--; Project Name: , L,,x Project Number: `??a5,.5, Contractor: -7)-7-V Subcontractor: Report Prepared By: Attachments: a_vz- 17c I %art) r7171rr�r._7A w Iv I"%' - )75>-A _ r41, -)77f PX r S,'T' r (7/7 2) J,7' A. tic yrs /(30-7-r 1)1;is- Er J r 1' WLG /� ' GI �r ,�� r f 17 r S ✓+�' /_5 / 12.5000sLy L.s 7p 7 4Ae3 , ,c /7.4„22 fL-)SCl�a�l�t_ 2 001'3 /7...S Photo Documentation: Holo High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 (970) 945-8676 ! J7 () sr? , �opL-) 7170 N r Field Report UV Date: 77)7//4 Conditions: CG Project Name: /f5:4),- Temp: 7,? J Project Number:� P 3 Contractor: . �c.-r Subcontractor: Report Prepared By Attachments: %7/�+ 3) /7/14 ,Q 17A'5 - vG A ,t 53 pi,je, a—r 171/ r7,q 17N 4- To 171L5 - 7-6" Mie, r 0 r7 77H 3 ry ,! r ¢i , r' 14- is %7/LS- Photo Documentation: rah 4- L3/j High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 (970) 945-8676 Field Report H 2J ate: 7///0, Conditions: Project Name: ,r4=,77.3 Project Number: / po.5 : o Temp: &d Contractor: fic,y vr-rrr-.'c Subcontractor: Report Prepared By: Attachments: /7,uf w - ,tin I / 77/4 3 /0 775 77t) 4-- Zora. ,, a J+r 71-1 /A— Loc cfocu 77,1i to ( `y - I-774 Z--/.._,L7A3a_2_7 /V / /N5 L -L-- Z5 45. / c / i ice Photo Documentation: 57 - 77'H e w .629 " /--/h4 High Country Engineering, Inc. 1517 Blake Avenue, Shite 101 Glenwood Springs, CO 81601 (970) 945-8676 Field Report Conditions: �_y, Project Name: F3,4) ire Date. Temp: 8.. Project Number: ??o .37'S-, Og Contractor: Subcontractor: 1-srr, o ,-) of Report Prep zed By: Attachment4•: LV D+zr-f r /7/As- > 7�f/.TJ) To 7 ti ,5 -To ,{F � 3Ip-L3L—ejii C/om'% �C +sL" �} iT ) r7 4 L r7/-1 /`f`S r .6"F' /4 1 nom. /_7/4 13456 I r`y`u(prt 7-5 — 77g d 74:2-> r7c / a c-vr)rcv ,C l�C 1-7o✓cam Photo Documentation: 053 - rrni , 0,54- (,1-1 -1779 3 4.,55 -1-irt--r f c e & f� G / cjrvec7T /7/-1 High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970 945-8676 Field Report 1 Date: G 4,7/04 Conditions: Lc.Jrr� Project Name: ' r' 3 2-1.+v6 Project Number: 7q053-. C & Contractor: Y / r-vc_r t,. i to Temp: 74. ° Subcontractor: Report Prepared }3y: Attachments: p u v! (.2K) j --- r''1- 4tJ 0 ( jce_.r 1 r..) 3 55 I (Uc. / c +'--) 7 -79 /` Cd c,- .) -r / r / / t-) /7/1 4 /1 p -5-5 1 l I t OC. 1-7 /7// 2 7 0 tii- - 775 a r71 /-04 -6 s /7/4 d l tUT / 0 3 JUT L-AVA . / Photo Documentation: 04-7- ,1K 4 P i-roj , u[vn. rin-.rr 08 - IJo 14,366 G' 4 q r7ki r 7ti 3 e:1 C - Gr rrx r - Lir r,2 c157 • /71-4 — 17791 c��2- Czzpa - Gcx PROJECT NAME f L�'LL/r 2_0)6SUCCESSFUL a c WM PRESSURE RESULTS W/!Y4 LOCATION W/S LOCATION SANITARY SEWER RESULTS PRESSURE LOC. ILLUMINATION LOC. VACUUM LOC. ZIP-r" e/F/ ram /rte s//o/a FOGLI CAS BEEF 4G, INC, • 923 COOPER AYENUE • GLDAVCOO SPRNGS, cc. 8160 • (970) 545-8576 f PRO. CT NAME /w L-Jv S UCCESSlr UL TEST LOG WlI PRESSURE RESULTS W/k4 LOCATION W/5 LOCATION SANITARY SEWER RESULTS FRESSU', E LOC, ILLUMINATION LOC, VACUUM LOC, /5© Par - AT :UD -..S baa i! ~r-30 • 5o -i (0e A L/ 5A4 HIGH Cot.JNTPY N ±i- NG, INC. • 923 CCXDPER AVENUE • GLENWOOD SPRIGS, CO, 81601 • (970) 945-6676 . 2ROJECT NAME //;0<=-Z' Z/,1 -)E 1/LI SUCCESSFUL TEST LOG`° I fid . WM PRESSURE RESULTS W/I1 LOCATION 3 .5 a4 S ITARY SEWER RESULTS PRESSURE LOC, f ks ,572_5/Ort- ILLUMINATION LOC. VACUUM LOC. fz Ca Wc.C7 i..4y 1 s /1// 3/g Z./PE.S r SS to r_ I FS7 �T•4�r Q. Q- 1-4z5.S c4 -A-C1/6' 51 "7/;4 A-5- _3765 - ,3765 /4d mss' 11.1111.1 1.111.111111111111.1 1111.1111111111111. 11111111.1101111.11 MEM 11.11.11 HIGH COUNTRY 8VEE NG, INC, ■ 923 COOPER AVENUE + GLENNSPRMS, CO. 601* (970) 945-6676 Fire Pump Vault MH (Dine Way Signage Cleaned Pump House 111110 11111111111 1111 1111111111 1111111 111111111111 1111 595811 01/16/2002 04:258 81321 P593 Ct ALSDORF 1 of 2 R 0.00 0 0.00 GARFIELD COUNTY CO POWERLINE PROFESSIONAL PARK AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT THIS AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT ("Amendment") is made and entered into this / itt''day of Atvult,Ay , 2002. by and between WESTERN SLOPE DEVELOPMENT CORP. alk/a WESTERN SLOPE DEVELOPMENT LTD., a Mississippi corporation ("OWNER"); and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ("Board" or "County"). RECITALS WHEREAS, Owner is the owner and developer of a parcel of real property situated in the County of Garfield, State of Colorado, known as the Powerline Professional Park Subdivision ("Subdivision") for which the Board approved the Final Plat on September 17, 2001, subject to certain terms and conditions, as set forth in Resolution No. 2000-82; and WHEREAS, Owner and Board entered into a Subdivision Improvements Agreement ("Agreement) on September 17, 2001 and recorded with the Garfield County Clerk and Recorder in Book 1287 at Page 176, Reception No. 588421, which established the deadline for the completion of certain improvements at the Subdivision as December 30, 2001; and WHEREAS, Owner has contracted to have the improvements constructed and has begun construction but due to scheduling problems beyond its control, said improvements will not be completed by December 30, 2001; and WHEREAS, Owner wishes to amend said Agreement to extend the deadline for the completion of the improvements and Board wishes to accommodate Owner on this issue. AGREEMENT NOW, THEREFORE, for good and valuable consideration, including the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the parties agree as follows: 1. In accordance with Paragraph 18 of the Agreement, the second sentence of Paragraph 2 of the Agreement shall be deleted and replaced with the following sentence: All such improvements shall be completed on or before the 15th day of February, 2002. 2. The remainder of the Agreement shall remain unchanged. W ESTE RN SLOP&SIA-Amend X93 I 111111 111111111111111 IIIUIIU Iii Illliil III illli Ilii Iii! 5955811 01/16/2002 04 25P 81321 P594 R ALSDORF 2 of 2 R 0,00 t! 0,00 GARFIELD COUNTY CO POWERLINE PROFESSIONAL PARK SUBDIVISION AMENDMEN TO SUBDIVISION IMPROVEMENTS AGREEMENT Page 2 3. This Agreement may be signed in counterparts, in which case all counterpart signatures together shall constitute full execution hereof. Facsimile signatures shall he valid as original signatures. 4. This Amendment shall be recorded and shall be a covenant running with the property described in Exhibit A to the Agreement, and shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions hereof. IN WITNESS WHEREOF, the parties have signed this Amendment to Subdivision Improvements Agreement to be effective upon the date first set forth above. OWNER: ;.A' 1711E, 'T .; WESTERN SLOPE DEVELOPMENT CORP. a/k/a WESTERN SLOPE DEVELOPMENT LTD. (a Mississippi corporation) By: Robert Klein, Pr-, ident BOARD OF FOR THE C ORAD By: Print Nam Chairman Y COMMISSIONERS F GARFIELD, STATE OF i.ldr- P 1sc rf,-Clerk and 'f -order arl'ie1 ''•-� ' ='E01i�it34-',' Colorado ! -1 5L -d^.00 'rie ftet tinriii,:11` ‘' WESTER NSLO PE -SIA -Amend DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR POWERLINE PROFESSIONAL PARK SUBDIVISION, GARFIELD COUNTY, COLORADO INTRODUCTION Declarant, as identified hereinbelow, is developing a nonresidential, planned business park subdivision known as Powerline Professional Park Subdivision ("Subdivision"). The real property that constitutes the land area of the Subdivision is described on Exhibit A attached hereto and incorporated herein by this reference. It is Declarant's desire and intent to hereby subject the Lots within the Subdivision to certain covenants, conditions, restrictions and reservations for the benefit of the Subdivision in furtherance of its purposes. The covenants, conditions, restrictions and reservations set forth herein ("Declaration") shall bind and benefit the Declarant, its successors and assigns, and all persons or entities who become a grantee of one or more Lots within the Subdivision. Every Lot within Powerline Professional Park Subdivision shall henceforth be owned, held, conveyed, encumbered, leased, improved, used, occupied, and enjoyed subject to the following covenants, conditions, restrictions and reservations, and the same shall constitute a general plan for the Subdivision, ownership, improvements, sale, use, and occupancy of the Lots therein, to enhance and protect the value, desirability, and attractiveness of the Subdivision. ARTICLE I STATEMENT OF PURPOSE 1.01 General. The purpose of this Declaration is to ensure proper use and appropriate development and improvement of the real property that constitutes the Subdivision, so as to provide harmonious commercial development and promote the general welfare of the Lot Owners, tenants, invitees, and guests thereof, and protect the present and future value of such property. ARTICLE II DEFINITIONS 2.01 "Architectural Control Committee" (hereinafter sometimes referred to as "ACC") shall mean and refer to the committee defined in Article VII below. 2.02 "Association" means and refers to the Powerline Professional Park Property Owners Association, Inc., a Colorado nonprofit corporation. WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 2 2.03 "Association Documents" means this Declaration, the Articles of Incorporation for the Association, the Association Bylaws, all Association rules and regulations, all documents incorporated by referenced into the foregoing, that certain Wastewater Service Agreement between Declarant (as Developer) and Wastewater Treatment Services, LLC, dated September 51h, 2000, and recorded at Book 1207, Page 944, as Reception No. 569519 in the records of Garfield County, Colorado, all procedures, rules, regulations, resolutions or policies adopted by the Association in accordance with the aforementioned documents, and all documents of record with the Clerk & Recorder for Garfield County, Colorado, that affect the Subdivision as a whole. 2.04 "Declarant" shall mean and refer to Western Slope Development Corp., a Mississippi corporation (also known as Western Slope Development Ltd.), and any successor entity or entities which succeed to ownership of all or substantially all of the Subdivision owned by Western Slope Development Corp. and at the time of such succession is/are designated by Western Slope Development Corp. as a successor Declarant hereunder, in a writing recorded with the Clerk and Recorder for Garfield County, Colorado. All successor declarants shall designate further successor declarants in accordance with this paragraph. 2.05 "Developer Utility Company" manage and administer water and wastewater Article XII hereof. 2.06 "Executive Board" shall mean provided for in the Association Documents. shall mean an entity formed by Developer to services within the Subdivision as described in the Board of Directors of the Association, as 2.07 "Improvement" shall mean and refer to and include any and all structures and all appurtenances thereto of every kind and type, and all other physical changes upon, over, across, above or under a Lot or upon existing improvements located in or on a Lot, or the landscaping and facilities within rights of way adjacent to a Lot. This definition shall include, but shall not be limited to, the following facilities and activities, whether of a permanent or temporary nature: buildings, outbuildings, parking structures and garages, parking lots and other parking areas, streets, roads traffic control devices and signs, driveways, bikeways, access roads, loading areas, signs, canopies, awnings, trellises, fences, lawns, landscaping (including landscaping of balconies, plaza, and other portions of buildings), plazas, patios, recreational facilities, walkways, pedestrian malls, sidewalks, shelters, security and safety devices and bridges, construction trailers and other temporary construction buildings, screening walls, retaining walls, stairs, decks, benches, and other exterior furniture, hedges, windbreaks, plantings, planted trees and shrubs, poles, exterior air conditioning, water softener fixtures or equipment, aerials, antennas, lighting fixtures, drainage structures, communications equipment including but not limited to microwave dishes and relay equipment, coaxial and fiber optic cables, satellite transmitting and/or receiving ground stations, poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, towers, and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities, and color, texture, material, or other changes to any WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 3 improvement; provided that with respect to such facility constructed (in behalf of or for a utility, such facility is included in this definition only to the extent it is above ground. "Improvement" as defined herein shall not include improvements, alterations or remodeling which are completely within the interior of a structure and which do not affect or change the exterior appearance of an improvement, are not visible from the outside and do not alter the permitted use of Lot as defined in Article III. 2.08 "Lot" shall mean and refer to each of the lots within the Powerline Professional Park Subdivision as shown on the final plat thereof recorded with the Clerk and Recorder for Garfield County, Colorado, as said final plat may be amended from time to time. 2.09 "Maintenance" shall mean and refer to any activity or function that is necessary on an ongoing basis or intermittently for the purposes of: (a) maintaining andlor operating any vacant, unimproved land; andlor (b) maintaining andlor operating improvements before, during and after construction or installation of such improvements; andlor (c) for the purpose of enabling or facilitating the permitted use of any Lot. 2.10 "Owner" or "Lot Owner" shall mean and refer to the record owner, whether one or more persons or entities, including Declarant, of a fee simple title interest in and to any Lot within the Subdivision. "Owner" or "Lot Owner" shall not mean or refer to: any person or entity who holds an interest in a Lot merely as security for the performance of a debt or other obligation; or pursuant to an easement, right-of-way, or license that pertains to or affects a Lot or Lots; or the holder of water, mineral, air, or subsurface rights that may be located in, on, under, over, or appurtenant to, a Lot or Lots. 2.11 "Subdivision" shall mean and refer to the Powerline Professional Park Subdivision as described by land area on Exhibit A hereto and as shown on the final subdivision plat thereof recorded with the Garfield County Clerk and Recorder, as it may be properly amended from time to time. ARTICLE III PERMITTED USES 3.01 Permitted Uses. Subject to the covenants, conditions, restrictions and reservations set forth in this Declaration, all Lots shall be used solely for such nonresidential uses as are allowed within the CIG Commercial General zoning district, of the Garfield County, Colorado, under the conditions set forth herein. 3.02 Notwithstanding anything herein to the contrary: (a) no use shall be permitted which is unlawful or unreasonably offensive by reason of hazardous odor, fumes, dust, smoke, noise or pollution, or which is hazardous by reason of excessive danger of fire or explosion; and (b) the manufacture, storage, distribution, handling or disposal of materials which are defined as WESTERNSLOPE-Poweriine covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 4 toxic or hazardous under federal, state or local law, or which are otherwise regulated under applicable law, shall be done only in strict compliance with all such applicable laws. ARTICLE IV ASSOCIATION MEMBERSH P AND VOTING RIGHS 4.01 Purpose. The purpose of the Association is to administer and enforce the covenants, conditions and restrictions set forth in this Declaration, and otherwise administer enforce the provisions of all Association Documents, and to carry out the purposes herein stated and the functions necessary for the proper use and maintenance of all Lots within the Subdivision. 4.02 Membership in Association. By accepting a deed to a Lot, a Lot Owner becomes a member of the Association and consents to all terms and conditions set forth in this Declaration and all Association Documents. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The vote for such Lot shall be exercised by one person or alternate persons (who may be a tenant of the Owner) appointed by proxy in accordance with the Bylaws. 4.03 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. 4.04 Executive Board. The affairs of the Association shall be governed by an Executive Board of Directors, consisting of either three (3) or five (5) persons in accordance with the Bylaws. The Directors may be nonresidents of Colorado, but all Directors must be Owners of Lots. 4.05 Voting Rights. Appurtenant to ownership of each Lot is one (1) vote for the purpose of all Association matters, regardless of whether one or more persons or entities own such Lot, Votes may not be voted in fractions. 4.06 Election of Directors. The appointment and/or election of Directors and officers of the Association shall be governed by the Bylaws. 4.07 Compliance with Association Documents. Each Owner shall abide by and benefit from each provision, covenant, condition, restriction and easement contained in this Declaration, and all 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. WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 5 4.08 peclarant Control. Until the first sale of a Lot by the Declarant, the Declarant shall have the authority to act as and for the Executive Board of the Association. 4.09 Association Expenses. The expenses of the Association shall be divided amongst all Lots equally. Each Lot Owner shall pay its share of all such expenses in accordance with the Association Documents. Failure to timely pay any amount, in whole or in part, may be enforced as a violation of these covenants. Expenses of the Association include but are not limited to expenses associated with the Association's responsibilities for road maintenance, roadside landscaping, operation and maintenance of the Fire Protection Pond and the water supply therefor, inspection and monitoring of the potable water systems and wastewater treatment and disposal. ARTICLE 5 ASSOCIATION FUNCTIONS AND DUTIES 5.01 General Authority. The Association shall fulfill its obligations as required under the Association Documents. Additionally, the Association may do all things reasonably necessary or desirable to keep and maintain the Subdivision as a secure, attractive and desirable commercial development. 5.02 Right to Make Rules and Regulations. The Association shall be authorized to and shall have the power to adopt, amend and enforce rules and regulations applicable to the Subdivision to implement the provisions of this Declaration and all Association Documents; to promote the general health, safety and welfare of persons conducting business, visiting and providing service within the Subdivision; and to protect and preserve property and property rights. All rules and regulations shall with the Association Documents, and amendments and supplements thereto. The rules and regulations shall be reasonable and shall be uniformly applied, except such rules may differentiate between Owners, lessees, guests or members of the general public. In addition, such rules and regulations shall, when applied to each of the Lots considering the use of such Lot, be equitable and reasonable as applied to the Lot with respect to the use thereof. The Association may provide for enforcement of any such rules and regulations through reasonable and uniformly applied fines and penalties, or other reasonable and appropriate sanctions. Each Owner, lessee, guest and member of the general public shall be obligated to and shall comply with and abide by such rules and regulations and pay such fines or penalties upon failure to comply with or abide by such rules and regulations and such unpaid fines and penalties shall be enforceable in accordance with the Association Documents and applicable law. 5.03 Records. The Association shall keep financial records sufficiently detailed to conduct Association affairs and to enable the Association to comply with applicable law, including records adequate to document unpaid charges andlor assessments due to the Association. All financial and other records shall be made available for examination by any WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 6 Owner in accordance with applicable law. The Association may charge a reasonable fee for copying such materials. 5.04 Implied Rights of the Association, The Association may exercise any right or privilege granted in the Association Documents and, except to the extent limited by the terms and provisions of this Declaration, given to it by law, and shall have and may exercise every other right, privilege, power andlor authority necessary or desirable to fulfill its obligations under the Association Documents, including, without limitation, the right to: 5.04.01 adopt and amend the bylaws and rules and regulations of the Association; 5.04.02 adopt and amend budgets for revenues, expenditures and reserves and collect charges and assessments from Owners; 5.04.03 hire and terminate Managing Agents and other employees, agents and independent contractors. The Managing Agent 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 Managing Agent of any duty, power or function so delegated by written instrument executed by or on behalf of the Executive Board; 5.04.04 institute, defend or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the Subdivision; 5.04.05 establish the Architectural Control Committee as provided in Article and regulate the construction, reconstruction and alteration of any improvements located or to be located on the Property; 5.04.06 make contracts and incur liabilities; 5.04.07 regulate the use, improvement, maintenance, repair, replacement and modification of the Association property; 5.04.08 cause improvements or capital improvements to be made, as necessary, in furtherance of the interests of the Association; 5.04.09 impose and receive any payments, fees or charges for services provided by the Association for the benefit of Lot andlor Lot Owners; 5.04.10 impose and receive charges for late payments of charges or assessments due to the Association, recover reasonable attorney's fees and disbursements and other costs of collection for assessments and other actions to enforce the rights of the Association, regardless WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 7 of whether or not suit was initiated, and after notice and opportunity to be heard, levy reasonable fines and penalties for violations of the Association Documents; 5.04.11 impose and receive reasonable charges for the preparation and recordation of amendments to the Declaration or statements of unpaid assessments; 5.04.12 provide for the indemnification of the Association's officers and Directors and maintain Directors' and officers' liability insurance; 5.04.13 assign its right to future income, including without limitation, its right to receive assessments; 5.04.14 obtain and pay for legal, accounting and other professional services; 5.04.15 perform any function by, through or under contractual arrangements, leases, licenses, or other arrangements with any governmental, quasi -governmental or private entity as may be necessary or desirable; and 5.04.16 enjoy and exercise any other power or authority which similar associations may now or hereafter enjoy or exercise in the State of Colorado. 5.05 Association Documents. Each Owner shall comply with and may benefit from each term, provision, covenant, condition, restriction, reservation and easement contained in the Association Documents. The obligations, burdens and benefits of membership in the Association touch and concern the Property and are, and shall be, covenants running with each Lot for the benefit of all other Lots. 5.06 Indemnification. The Association shall be obligated to and shall indemnify and defend Declarant and hold it harmless from all liability, loss, cost, damage and expense, including without limitation attorneys' fees and disbursements, arising with respect to any operations of the Association. 5.07 Owner's Negligence. In the event that the need for maintenance, repair or replacement of Association property (e.g., the fire protection water supply) is caused through or by the negligent or willful act or omission of an Owner or an Owner's guest or lessee, then the expenses incurred by the Association for such maintenance, repair or replacement shall be a personal obligation of such Owner; and, if an Owner fails to repay the expenses incurred by the Association within seven (7) days after notice to the Owner of the amount owed, then such failure shall be a default by the Owner under the provisions of this Declaration, and such expenses shall automatically become a default assessment determined and levied against such Lot, enforceable by the Association. WESTETNSLOPE-Poweriine covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 8 5.08 Enforcement of Association Documents. The Association or any aggrieved Owner may take judicial action against any Owner to enforce compliance with the Association Documents and Association rules to obtain damages for noncompliance or for injunctive relief, or both, all to the extent permitted by law. 5.09 Cooperation with Other Associations. The Association may contract or cooperate with other property owners' associations or entities as convenient or necessary to provide services and privileges and to fairly allocate costs among the parties utilizing such services and privileges which may be administered by the Association or such other organizations, for the benefit of Owners and their lessees and guests. The costs associated with such efforts by the Association (to the extent not chargeable to other organizations) shall be an expense of the Association. ARTICLE 6 ASSESSMENTS 6.01 Obligation. Each Owner, including Declarant, by accepting a deed for a Lot, is deemed to covenant to pay to the Association (i) annual assessments imposed by the Executive Board as necessary to meet the expenses incurred or anticipated to be incurred to perform the functions of the Association; (ii) special assessments for capital improvements and other purposes as stated in this Declaration; (iii) wastewater service assessments imposed as necessary by the Developer Utility Company or the Association to meet expenses incurred or anticipated to be incurred for wastewater treatment and disposal service as further described in Article XII below; and ; and (iv) default assessments which may be assessed against a Lot for the Owner's failure to perform an obligation under the Association Documents or because the Association has incurred an expense on behalf of the Owner under the Association Documents No Owner may waive or otherwise avoid personal liability for the payment of the assessments provided for in this Declaration by abandoning or leasing a Lot, or otherwise. 6.02 Purpose of Assessments. The assessments shall be used exclusively to promote the health, safety and welfare of the Owners and occupants of the Subdivision, and to fulfill other areas of Association responsibility referred to in the Association Documents. 6.03 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 Owners and shall set a date for a meeting to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting Owners representing more than sixty percent. (60%) of all votes entitled to be cast on Association matters 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 in accordance with this Section must be continued until such time as the Owners ratify a subsequent budget proposed by the Executive Board. The Executive WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 9 Board shall adopt a budget and submit the budget to a vote as provided herein no less frequently than annually. The Executive Board shall levy and assess the Association's annual assessments in accordance with the annual budget. 6.04 Annual Assessments. Annual assessments for Association expenses 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. Estimated Association expenses include but are not limited to the cost of routine Association affairs; expenses of management; taxes and special governmental assessments; insurance premiums for insurance coverage as deemed desirable or necessary by the Association; maintenance of Association property or property for which the Association is specifically responsible; road maintenance, repair and improvement; wages; charges consistent with the provisions of the Association Documents; legal and accounting fees; expenses and liabilities incurred by the Association under or by reason of the Association Documents; payment of any default remaining from a previous assessment period; and the creation of a reasonable contingency or other reserve or surplus fund for Association business, as needed. Annual assessments shall be payable on a prorated basis each year in advance and shall be due on the first day of each month, calendar quarter or year, as determined by the Executive Board. The omission or failure of the Association to fix the annual 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 shall have the right, but not the obligation, to make prorated refunds of any annual assessments in excess of the actual expenses incurred in 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 6.05 Apportionment of Annual Assessments, Each Owner shall be responsible for his/her Lot's share of the Association expenses, which shall be divided among the Lots equally, subject to the provisions of this Declaration. Notwithstanding any terms in this Section to the contrary, the Executive Board, with the assistance of any company providing insurance for the benefit of the Owners, may reasonably adjust the allocation to each Owner of the cost of premiums for any insurance carried for, and to be charged to, a particular Owner. 6.06 Special Assessments. In addition to the annual assessments authorized above, the Executive Board may at any time and from time to time determine, levy and assess in any fiscal year (without the vote of the Members of the Association, except as provided in by law and in this Section below) a special assessment applicable to that particular fiscal year (and for any such longer period as the Executive Board may determine). Any amounts determined, levied and assessed pursuant to this section shall be assessed to the Lots in equally. Special assessments shall be based on a budget adopted by the Association as provided above, except that, if necessary, the Association may adopt a new budget prior to levying a special assessment. Such special assessment(s) shall be due and payable as determined by the Executive Board. WESTERNSLQPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 10 6.06 Wastewater Service Assessments. In addition to all other assessments provided for above, the Developer Utility Company is authorized to determine, levy, assess and collect an assessment from each Lot for payment of all charges and expenses of wastewater treatment and disposal services provided as described under Article XII below. The Association and the Developer Utility Company may agree, in their discretion, to terms and conditions under which such assessments may be collected periodically for the Developer Utility Company by the Association, and paid over to the Developer Utility Company, but in any event the Developer Utility Company shall have all rights and remedies available to the Association to enforce payment and collect directly from each Lot Owner unpaid assessments for wastewater treatment and disposal services provided to such Lot, including late charges, accrued interest and reasonable attorneys' fees and costs, in the same manner as the Association is authorized to enforce and collect other assessments as provided in this Article. 6.07 Default Assessments. All monetary fines assessed against an Owner pursuant to the Association Documents, or any expense of the Association or the Developer Utility Company which is the obligation of an Owner or which is incurred by the Association or Developer Utility Company 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(s) 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. 6.08 Effect of Nonpayment; Assessment Lien, Any assessment payment or installment thereof, whether pertaining to any annual, special, default or other assessment, which is not paid within thirty (30) days after its due date shall be delinquent. If an assessment installment becomes delinquent, the Association (or, as may be applicable, the Developer Utility Company), in its sole discretion, may take any or all of the following actions: 6.08.01 Assess a late charge for each delinquency in such amount as the Association deems appropriate 6.08.02 Assess an interest charge from the date of delinquency at the yearly rate of eighteen percent (18%) per annum; 6.08.03 Suspend the voting rights of the Owner during any period of delinquency; 6.08.04 Accelerate all remaining assessment installments so that unpaid assessments for the remainder of the fiscal year shall be due and payable at once; 6.08.05 Bring an action at law against any Owner personally obligated to pay the delinquent assessments; and WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 11 6.08.06 Vote to approve the recording of a lien for all delinquent assessments, and upon approval file for record in the office of the Clerk and Recorder for Garfield County, Colorado, a notice of lien signed by the President or Managing Agent of the Association for the amount due, together with interest thereon, which notice shall contain: (1) a statement of the amount unpaid and the interest accrued thereon; (2) a legal description of the property owned by the delinquent Owner; and (3) the name of the delinquent Owner(s). Such notice of lien shall be effective to establish a lien against the interest of the Owner(s) in the Lot(s) together with interest at the rate set forth above on the amount due from the date thereof, administrative fees, recording fees, cost of title search obtained in connection with such lien and the foreclosure thereof, and court costs and reasonable attorneys fees that may be incurred in the preparation and enforcement of such a lien.. The Association (or the Developer Utility Company with respect to wastewater service assessments and default assessments resulting therefrom) may institute foreclosure proceedings against the defaulting Owner's Lot in the mariner 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 costs and fees thereof, including but not limited to the amount of all unpaid assessments, any penalties and interest thereon, the cost and expenses of the foreclosure proceeding and sale, the cost and expenses for filing the notice of the claim and lien, title search, foreclosure certificate, and all reasonable attorneys' fees and costs incurred in connection therewith. The Association (or the Developer Utility Company with respect to wastewater service assessments and default assessments resulting therefrom) shall have the power to bid on a Lot at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. While a Lot is owned by the Association or the Developer Utility Company 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 lien of the assessments will be superior to and prior to any homestead exemption provided now or in the future by the law of the State of Colorado, and to all other liens and encumbrances except liens and encumbrances recorded before the date of the recording of this Declaration, and except the lien of a first deed of trust holder, and except liens for governmental assessments or charges imposed against a Lot by a Colorado governmental or political subdivision or special taxing district or any other liens made superior by statute. The foregoing lien and the rights to foreclosure thereunder shall be in addition to, and not in substitution for, all other rights and remedies which the Association may have hereunder and by law, including suit to recover a money judgment for unpaid amounts. WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 12 6.09 Personal Obligation. The amount of any assessment chargeable against any Lot shall be a personal and individual debt of the Owner of same. No Owner may exempt himself from liability for the assessment by abandonment, lease or sale of his Lot or otherwise. Suit to recover a money judgment for unpaid assessments, 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. 6.10 Successor's Liability for Assessments. A lien of for assessments shall represent a prior and senior lien to the fullest extent permitted by law. 6.11 Statement of Status of Assessment Payment. Upon payment of a reasonable fee set from time to time by the Executive Board and upon fourteen (14) calendar days' written request to the Manager or the Association's registered agent (or that of the Developer Utility Company with respect to wastewater service assessments and default assessments resulting therefrom), any Owner 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. ARTICLE VII ARCHITECTURAL AND DESIGN CONTROL 7.01 Deign: Visual Appearance of Property. It is the specific intent of the Declarant to assure that all development and improvement of the Lots is accomplished to optimize visual appearance and aesthetics. In particular, but without limitation, facades and other exterior aspects of structures and improvements that are visible from one or more public highways adjacent to one or more Lots (including adjacent streets, drives, roads and/or public rights of way), shall be designed, built and maintained with the objective of maximizing aesthetic attractiveness from the visual perspective of the passerby, both pedestrian and vehicular. The design standards set forth hereinbelow or as may be adopted hereafter shall be interpreted and applied to serve such intent. 7.02 Architectural Control Committee. (a) To assure the fulfillment of the intent stated above in section 7.01, an Architectural Control Committee ("ACC") is hereby established for the benefit of all Lot Owners. The ACC shall review and approve all site and building plans and specifications for all Improvements to assure compliance with the principles set forth in this Declaration. The ACC shall take into account not only the aesthetics of the architectural and construction aspects of the development of the Subdivision, but also its continued maintenance, improvement and beautification. (b) The ACC shall be composed of not less than three (3) nor more than five (5) persons. The ACC need not include any Member of the Association. All of the members of the WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 13 ACC shall be appointed, removed and replaced by the Declarant, in its sole discretion, until all of the Lots comprising the Property are sold, 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 shall succeed to Declarant's right to appoint, remove or replace the members of the ACC. (c) A Chairman shall be designated by the members of the ACC by majority vote, The Chairman shall conduct meetings and shall provide for reasonable notice to each member of the ACC prior to ACC meetings, setting forth the place and time of said meetings, which notice may be waived. The person elected Chairman shall serve in such capacity for a term of one (1) year or until such earlier time as he or she resigns as Chairman or a successor has been elected or appointed, The members of the ACC may also appoint any regular member of the ACC as Acting Chairman to perform the duties of Chairman. (d) All expenses of the ACC shall be paid by the Association and shall constitute a common expense of the Association. The ACC shall have the right to charge a fee for each application for review submitted to it, in an amount determined by the ACC from time to time, and such fees shall be remitted to the Association to help defray the expenses associated with operation of the ACC. 7.03 Adoption of Standards. The ACC is authorized but not required to promulgate, adopt, and amend design standards or guidelines consistent with these covenants and additional to those set forth in Article VIII, specifying in detail the type and form of information that must be submitted for ACC review and approval. A current copy of the adopted, written design standards or guidelines, if any, shall be furnished to each Lot Owner upon written request. 7.04 Applications for Review: Plans and Specifications. No improvements shall be constructed, erected, placed, altered, maintained or permitted on any Lot until plans and specifications with respect thereto in manner and form satisfactory to the ACC showing the proposed improvements, plat layout and all exterior elevations, materials and colors, signs and landscaping, traffic design, number and size and layout of parking spaces, grading, easements and utilities, proposed building use and number of employees, and such other information as may be requested by the ACC, have been submitted to and approved in writing by the ACC. Such plans and specifications shall be submitted in writing over the signature of the Owner of the Lot or the Owner's authorized agent, with copies furnished to each ACC member. Large scale maps, blueprints and plans need not be copied for submittal to each member, but may be deposited concurrently with the Chairman of the ACC or, if the chairmanship is in doubt, deposited with another ACC member, with written notice to all other ACC members identifying with whom such materials were deposited. Until receipt by the ACC of all required fees, plans and specifications and other information required to be submitted as specified herein or in design standards or guidelines hereafter adopted, the ACC may postpone review of any submittal for approval; provided, however, the ACC shall provide to the applicant in writing, within thirty WESTERNSLOPE-Poweriine covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 14 (30) days of such postponement, a statement of all additional materials to be furnished by the applicant for the ACC to commence such review. 7.05 Voting. A quorum shall be established upon the presence of three (3) members of the ACC, regardless of whether the total number of ACC members serving at any such time is three or five. The affirmative vote or written consent of a majority of the the ACC shall govern its actions and be the act of the ACC. 7.06 Delegation. The ACC may delegate review functions established herein to one or more qualified professional(s) selected by the ACC, but shall not delegate the authority to promulgate design standards nor delegate final voting authority. 7.07 Exceptions. Alterations or remodeling which are completely within the interior of a building and do not affect the exterior appearance and are not visible from the outside shall not require ACC approval. 7.08 Approval Criteria Generally. Approval shall be based, among other things, on adequacy of building site dimensions, conformity and harmony of external design with neighboring structures, effect of location and use of improvements on neighboring buildings, operations and uses, and the visibility of and access to a proposed structure; relation of topography, grade and finished ground elevation of the building site being approved to that of neighboring building sites; and conformity of the plans and specifications to the purpose and general plan and intent of these covenants. The ACC shall not arbitrarily or unreasonably withhold approval of plans and specifications. 7.09 Review and Approval, (a) The ACC shall respond in writing to all applications for review and approval made in accordance herewith within forty-five (45) days of receipt thereof. Subject to the provisions for postponement under section 7.04, if the ACC fails to approve or disapprove submittals within forty-five (45) calendar days after the same have been submitted, it shall be conclusively presumed that the ACC has approved the submittal, provided, however, that, if within said period the ACC provides written notice to the applicant that additional time is required for review, there shall be no presumption of approval until the expiration of such additional period of time as is set forth in the notice, such additional period of time not to exceed thirty (30) days. (b) The ACC shall respond in writing to the submittal in one of the following ways: (i) Approval as submitted. (ii) Approval with conditions. WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 15 (iii) Deferral of action pending receipt and review of further information required by the ACC. (iv) Disapproval. (c) If approval is denied, the ACC shall furnish the applicant or its authorized agent with a written statement setting forth the reasons. Approval by the ACC shall extend to the design concepts and plans presented, but not necessarily to design details. Each applicant is responsible for ensuring that all design details and actual construction conform to the approved concepts and plans and to all applicable governmental authority and other land use requirements and restrictions. Decisions of the ACC shall be conclusive and binding on all interested parties. 7.10 Certificate of Compliance. Upon written request of any Owner, mortgagee, prospective Owner, tenant or prospective tenant of a Lot, the ACC shall issue an acknowledgment in recordable form, signed by the Chairman or Acting Chairman, setting forth generally whether said Owner is in violation of any of the terms and conditions of these covenants known to the ACC. Said written statement shall be conclusive upon the ACC in favor of the persons who rely thereon in good faith. Such statement shall be furnished by the ACC within a reasonable time, but not to exceed thirty (30) days from the receipt of a written request for such written statement. In the event the ACC fails to furnish such statement within said thirty (30) days, it shall be conclusively presumed that said Lot is, to the best of the ACC's knowledge, in conformity with all of the terms and conditions of these covenants. 7.11 No Waiver of Future Approvals. The approval or consent of the ACC to any plans or specifications for any Improvement or use of a Lot in connection with any matter requiring the approval or consent of the ACC, shall not be deemed to constitute approval of, or a waiver of the right of the ACC to withhold approval or consent to any other plans or specifications for that Improvement or Lot use, or any plans or specifications for any other Improvement or Lot use, or any other matter whatever subsequently or additionally submitted for approval or consent by the same or a different person. 7.12 Obligations with Respect to Zoning and Subdivision. All Improvements and uses of a Lot shall fully comply with all zoning, land use, and subdivision statutes and regulations and conditions applicable to such Lot. The ACC shall have the right to withhold its approval of any submittal if the proposal would result in the violation of, or would be inconsistent with, zoning, land use or subdivision regulations or conditions, or if the Lot Owner has otherwise failed to comply with these Covenants. 7.13 Declarant Not Liable. Declarant shall not be liable for any damage or loss to person or property claimed to arise on account of: (a) The approval or disapproval of any plans, drawings or specifications; W ESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 16 (b) The construction of any improvement, or performance of any work, whether or not pursuant to approved plans, drawing or specifications; or (c) The development of any lot within the Subdivision. 7.14 Construction. Commencement. No Improvement of any kind shall be commenced on any Lot until the provisions of this Article have been met to the satisfaction of the ACC or waived in writing by the ACC. If any Improvement is erected, placed, or maintained upon any Lot, or any new use commenced upon any Lot, other than in accordance with the approval of the ACC pursuant to the provisions of this Article, such alteration, erection, placement, maintenance, or use shall be deemed to have been undertaken in violation of these covenants and the Association Documents and, upon written notice from the ACC or the Association, any such Improvement so altered, erected, placed, maintained, or used upon any Lot in violation hereof shall be removed or altered so as to conform to these covenants, and any such use shall cease or shall continue only with ACC approval. If removal or alteration is not accomplished within thirty (30) days after receipt of such notice, then the party in violation shall be subject to enforcement as provided for in the Association Documents and as may otherwise be permitted by law. 7.15 Proceeding with Work. Upon receipt of written approval from the ACC, the applicant to whom approval is given, shall, as soon as practicable, satisfy any and all conditions of such approval and shall diligently proceed with the commencement and completion of all approved excavation, construction, refinishing, and alterations. In all cases, work shall commence within one (1) year from the date of approval, and if not so commenced approval shall be deemed revoked unless the ACC, pursuant to written request made and received prior to the expiration of said one (1) year, extends in writing the period of time for commencement of work, which extension may be granted at the discretion of the ACC. For purposes of this Declaration, the term "commencement of work" shall mean, if the improvement is a building, the completion of foundation, and, if the improvement is not a building, the expenditure of twenty percent (20%) of the proposed budget for the improvement. All new Improvements approved by the ACC shall be completed on or before twelve (12) months from the commencement of the work; all repairs or alterations of Improvements shall be completed within three (3) months of commencement. For purposes of this Declaration, completion of the work shall mean issuance of a permanent certificate of occupancy. 7.16 Modification or Waiver of Submission Requirements. The ACC, in its sole discretion, may waive or excuse compliance with some or all requirements for submittals as set forth herein and/or in design standards adopted hereafter, if the ACC determines in writing that some or all of the information or materials required are not necessary or appropriate in specific situations, and in such situations the ACC may establish and permit compliance with different or alternative submittal requirements that are set forth in writing with the reasons for such modification or waiver. WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 17 7.17 Additional Submittal Requirements. In addition to the foregoing submittal requirements, the ACC may promulgate and adopt, as part of the ACC design standards, additional submittal requirements not inconsistent with these covenants. Such requirements may include, but are not limited to, submission of sketch plans and construction drawings at various stages, and may establish periods of validity for approvals of submissions. The ACC may delegate to its staff and/or consultants the authority to preliminarily approve or disapprove submittals, provided that the application shall be deemed approved only upon action of the ACC. 7.18 Limitation of Liability. The ACC shall use reasonable judgment in approving or disapproving all plans and specifications submitted to it. Neither the ACC or any individual ACC member or consultant or contractor shalt be liable to any person for any official act of the ACC, except under circumstances of malice or wrongful intent. Approval by the ACC does not necessarily assure approval by the appropriate governmental body or commission for Garfield County. Notwithstanding that the ACC has approved plans and specifications, neither the ACC nor any of its members shall be held responsible or liable to any Owner, developer or contractor with respect to any loss, liability, claim or expense that may arise by reason of such approval. 7.19 Enforcement. Any violation of these covenants for architectural and design review shall constitute a violation of this Declaration and all Association Documents, subject to enforcement by the Association. The Association is specifically authorized to impose appropriate fines, penalties or other sanctions against a Lot Owner for violation of the architectural and design review covenants, standards and guidelines, and any such monetary fine or penalty shall constitute a default assessment under Article VI and may be collected as such.. ARTICLE VIII CONSTRUCTION AND DESIGN STANDARDS 8.01 Construction Standards. Construction or alteration of any Improvement(s) shall meet the standards set forth in these covenants and shall promptly and diligently be completed in accordance with plans and specifications approved by the ACC. For the purposes of these covenants, when a construction material is specified herein, another material may be used in lieu thereof, provided such material is determined by the ACC to be equivalent or superior to the specified material. 8.02 Finishes. All buildings (including parking garages) shall have exterior walls (including rear walls) of face brick, stone, concrete, marble, anodized aluminum, glass, stucco or equivalent permanently finished materials. If exterior walls are concrete they must have a sandblasted, bushhammered or exposed aggregate finish. No building shall be covered with sheet or corrugated aluminum, asbestos, iron or steel except where necessary to maintain corporate or business identity (in which event the extent and impact of the coverage will be limited to cosmetic identification needs). Where an Owner proposes to substitute a material that is WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 18 equivalent to the finishes specifically permitted above in this Section 6.02, the ACC will review such alternative finish and make a determination of its acceptability. In the event the ACC determines such alternative material is acceptable, then such alternative material shall be permitted to the extent provided in the plans and specifications with respect thereto approved by the ACC. Metal roofing shall be of a permanent finish type, where natural galvanized type finishes are prohibited. All exterior finishes shall be designated in the plans and specifications submitted to the ACC. 8.03 Sidewalks. Sidewalks of design standards and in locations approved by the ACC or otherwise required by the County shall be maintained by each Owner. 8.04 Landscaping. Any portion of a Lot upon which Improvements are not constructed shall be landscaped in accordance with landscape plans approved by the ACC. The ACC may require additional tree and/or shrub planting to achieve adequate screening. An irrigation system approved by the ACC shall be installed in all landscaped areas. Landscaping in accordance with the plans and specifications approved by the ACC must be installed within thirty (30) days following the occupancy of any Improvement on a Lot. This period may be extended by the ACC in the event of delays caused by adverse weather conditions including, without limitation, seasonal conditions unfavorable for planting, or other causes beyond the reasonable control of the Owner. 8.05 Screening. All service areas shall be screened from public view by screens, landscaping, walls, fences or other devices, as approved in writing by the ACC. Without limitation of the foregoing, all trash areas (and dumpsters) shall be maintained in permanently screened and fenced enclosures which shall not be visible from any dedicated street. Where reasonably possible, truck doors shall not face a public street. All landscaping material used for purposes of screening shall be in compliance with ACC approvals. Service areas shall be screened as required by the ACC, and shall be contained on fully -improved site areas consisting of reinforced concrete paving areas with integrated, internal, sub -surface drainage systems in compliance with prevailing codes and regulations. Where reasonably possible, rear service entrances to Improvements shall be screened from the view of sidewalks or public thoroughfares. 8.06 Illuminations. Overnight security type lighting, and lighting of parking, truck service/receiving areas and outdoor storage areas will require fixtures that are of a sharp cut-off design which allow minimal light spill or glare onto adjacent property. 8.07 Utilities. All pipes, conduits, cables or lines for water, gas, sewage, steam, electricity, telephone or any other energy or service serving any Lot from any main trunk line or easement shall be installed and maintained below ground, unless otherwise approved in writing by the ACC. WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 19 8.08 Grading and Drainage. Surface drainage on each Lot shall be collected on site and connected to underground or above ground storm drain structures. The plans and specifications for Improvements on any Lot shall reflect the grading, drainage, site stabilization, plumbing system, paving and curb cuts on or for such Lot. 8.09 Utility Lines and Antennas. Sewer, drainage or utility lines or wires or other devices for the communication or transmission of electrical current, power, or signals including telephone, television, microwave or radio signals, shall be constructed, placed or maintained either within buildings or structures or in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other structures unless approval for such construction, placement or maintenance above ground is obtained by the Owner from the ACC. No antenna or microwave dish for the transmission or reception of telephone, television, microwave or radio signals shall be placed on any building or other improvements within the subject property unless the consent of the ACC shall first be obtained. Nothing contained herein shall be deemed to forbid the erection or use of temporary power or telephone facilities incidental to the construction or repair of Improvements on the subject property. 8.10 Signs. All signs shall conform with written sign standards adopted by the ACC and all applicable codes, laws and governmental regulations. ARTICLE IX MAINTENANCE AND OPERATION ACTIVITIES - CRITERIA 9.01 Construction Period. During construction of any Improvements, supplies and equipment must be stored in a designated area in a safe and orderly fashion. Trash, waste and debris must be removed on a regular basis. Unlandscaped areas shall be kept mowed and pruned, free from plants infested with noxious insects or plant diseases and from weeds which are likely to cause the spread of infection or weeds to neighboring property and free from brush or other growth or trash which may cause danger of fire. 9.02 Site and Building Maintenance. All Owners shall at all times keep their premises, buildings, Improvements, and appurtenances including parking areas in a safe, clean, and neat condition; shall remove, replace, or repair all such items or areas not in such condition; and shall comply in all respects with all government, health, police and safety requirements and with such maintenance standards as may be established by the Association. Each. Owner shall remove at its own expense at least once a week all rubbish or trash of any character that may accumulate on its property and shall keep unimproved areas maintained. Rubbish and trash shall not be disposed of on the premises by burning in open fires or incinerators. Site and building maintenance as described in this is additional to shared maintenance obligations for the access roadway, as set forth in Article XIII. WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 20 9.03 Landscape and Grounds Maintenance. All landscaping or unimproved ground on all Lots shall be maintained in a neat and adequate manner. Required rnaintenance activities shall include, but not be limited to, mowing, trimming, adequate irrigation, replacement of dead, diseased, or unsightly landscaping, removal or control of weeds from planted areas, and appropriate pruning of plant materials. 9.04 Additional Maintenance and Operation Activity. In addition to the foregoing maintenance and operation activity standards, the Executive Board may promulgate and adopt additional maintenance and operation activity criteria that are not inconsistent with the criteria set forth in this Article and that implement the purposes of these covenants. 9.05 On -street Parking. No parking shall be permitted on any platted access drive or easement or dedicated roadway as shown on the final plat of the Subdivision or at any location other than the paved parking spaces approved for a Lot, unless otherwise specifically approved in writing by the ACC. Each Owner shall be responsible for compliance with this requirement by its tenants, employees, invitees and guests. Owners or users of vehicles parked in violation of this provision shall be subject to the sanctions provided by governmental ordinance, if any, that prohibit or restrict such parking, and regardless of the existence of any government sanctions, the vehicle so parked shall be subject to removal at the Lot Owners' expense at the direction of the Association or ACC or any of its representatives. 9.06 Variances. The ACC may authorize variances in compliance with any of the maintenance and operation activity criteria set forth in this Declaration or in any additional criteria promulgated and adopted as part of the ACC design standards when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental objectives or considerations may warrant, in the sole discretion of the ACC. 9.07 Remedies for Failure to Maintain and Repair. (a) Remedies. If an Owner or its tenant(s) fails to perform the maintenance and repairs required by these covenants or the Association, then the Association, after thirty (30) days prior written notice to the Owner, shall have the right but not the obligation to perform such maintenance and repair and to charge said delinquent Lot Owner with the cost of such work together with the interest thereon at the maximum statutory rate from the date of the Association's advancement of funds for such work to the date of reimbursement of the Association by Owner, and such charges shall constitue a default assessment. If the Owner fails to pay such default assessment to the Association within thirty (30) days after demand therefor, the Executive Board may vote to approve a the recording of a lien therefor in accordance with Article VI. All unpaid amounts shall constitute a personal and direct obligation of the Lot Owner to the Association. WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 21 (b) Cure. If the reason for which a notice of lien has been recorded is cured, the Association shall record a release of such notice, upon payment by the Owner of all unpaid and past due assessments, fees, accrued interest, and attorneys' fees and costs incurred by the Association. ARTICLE X LIMITATION OF LIABILITY 10.01 No Individual Liability, Neither the Association, nor any member thereof or of the Executive Board or the ACC or the Developer Utility Company, nor any agent or employee or representative of the Association or Developer Utility Company shall be liable to any Owner or other person or entity for any action or failure to act with respect to any matter coming before the Association, if the action taken or failure to act was made in good faith and without willful or intentional misconduct. The Association shall indemnify and hold harmless all members, agents, employees and Association representatives from any and all reasonable costs, damages, charges, liabilities, obligations, fines, penalties, claims, demands or judgments, and any and all expenses, including without limitation, attorneys' fees and costs incurred in the defense or settlement of any action arising out of or claimed on account of any act, omission, error or negligence of such person or of the Association or the Executive Board or the ACC, provided such person acted in good faith and without willful or intentional misconduct. 8.02 No Association Liability. Neither the Association nor the Developer Utility Company shall be held liable for injury or damage to person or property caused by the condition of any Lot or by the conduct of specific Lot Owners or their tenants, agents, employees and other representatives. ARTICLE XI MINING 11.01 Subject to reservations of record prior to this Declaration, no oil, natural gas, petroleum, sand, gravel, or other mineral substance shall be produced from any well, mine, or shaft located upon, in or under the Lots; no derrick or other structure designed for use in or used for boring or drilling for oil, or natural gas shall be permitted upon or above the surface of the Lots. ARTICLE XII WATER AND SEWER 12.01 Water Supply. The potable water supply for the Subdivision shall be provided by three wells, to be shared as provided in this Article. WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 22 WATER SUPPLY FOR LOTS 1, 2 AND 8 12.01.01. Ownership of Well and Appurtenant Facilities; Easements for Pipelines. A water well (referred to herein as "Well No. 3")has been constructed on the southerly portion of Lot 2 and operates pursuant to Colorado Division of Water Resources Well Permit No. 053267-F, which authorizes withdrawal of up to 15 gallons of water per minute with a maximum of one acre foot per year for drinking and sanitary purposes inside commercial businesses. Operation of the Well is dependent upon maintenance of West Divide Water Conservancy District Water Allotment Contract No. 9908092RK(a). The owners of Lots 1, 2 and 8 each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to Well No. 3, the well permit, pump, and associated facilities for the withdrawal of water located at the Well, except as otherwise provided herein. The Developer Utility Company shall be solely responsible for installing a pipeline and related facilities as may be necessary or desirable to convey water from Well No. 3 to each owner's Lot. Subsequent to installation, each Lot Owner shall be responsible for maintaining and operating such pipeline and related facilities serving its Lot. A totalizing flow meter and adjacent shut-off valve shall be installed by the Developer Utility Company on each pipeline that delivers water from the Well to an Owner's Lot to measure the rate and total volume of water delivered from the Well to said Lot, and to shut off such flow, when appropriate. The type of meter and valve, their location and installation shall be determined, owned, operated and maintained by the Developer Utility Company. Except for this meter and valve, each Lot owner shall be the sole owner of any and all facilities used exclusively for the benefit of said Lot, including individual service lines and storage tanks. The owners of Lot 1 and Lot 8 are hereby granted perpetual and non-exclusive easements over and across Lot 2 for the installation, use, maintenance, repair, service and replacement of Well No. 3 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lots 1 and 8, respectively, such easements being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the following criteria: Where possible, all utilities, including water lines, shall be installed and maintained within platted utility easements. If installation of a water line in a platted utility easement is not possible or reasonably practicable, and in those instances where a utility easement is not described on another recorded document, the Lot Owner(s) to be served by the water line shall confer with the affected servient Lot Owner(s) (and, if required, the County) to agree upon a location for installation that does not interfere with existing or proposed improvements and that will cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all disturbed surface areas shall be reclaimed by WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 23 revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an established easement area so as to interfere with the repair and replacement of utility lines. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user(s) and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to this Declaration. 12.01.02. Operation. Maintenance and Repair Costs. Subject to the provisions of section 12.01.01, all costs of operation, maintenance, replacement, service and repair associated with Well No. 3, the pump and appurtenant facilities for the withdrawal of water from the Well shall be shared equally by the owners of Lots 1, 2 and 8. Such costs shall be allocated one-third to each Lot owner, except that each Lot owner shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such property, including individual service lines and storage tanks. The owners of Lots 1, 2 and 8 shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, andlor improvements of common well -related facilities. If the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service andlor improvement necessary and essential for proper functioning of the Well and common facilities. If an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other owners. Nothing herein shall prohibit said Lot Owners from contracting with the Association or the Developer Utility Company to act as a delegate managing agent for such Lot Owners to administer and enforce these well - sharing covenants, in addition to the direct rights and responsibilities of the Developer Utility Company set forth in this Article. 12.01.03. Use of Water. The owners of Lots 1, 2 and 8 shall each be entitled to use up to 0.0275 acre feet per month (0.33 acre feet annually) of water from Well No. 3 only for uses authorized by the well permit, which are currently limited to drinking and sanitary purposes inside commercial businesses. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of said Lots shall be entitled to use so much of the water from Well No. 3 (up to their limit) as needed so long as diversions from the Well at no time exceed 15 g.p.m. and total annual diversions do not exceed 1.0 acre feet. lf, from time to time, Well No. 3 does not provide water at the rate of 15 g.p.m., each Lot owner shall be entitled to its pro -rata share of the available water. The Developer Utility Company shall regularly read the meters, and shall have the authority to enforce the limitations on water deliveries to each Lot set forth herein pursuant to the provisions of WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 24 Article XVI. In addition, the Developer Utility Company may terminate water deliveries to any Lot that has for two consecutive months exceeded its maximum monthly entitlement to water from the Well. 12.01.04. Installation of Facilities. Subject to the provisions of Section 12.01.01, the Developer Utility Company shall install at its own expense the power source, meter, pipelines and other facilities in and to Well No. 3 to serve Lots 1, 2 and 8. Each lot owner shall be charged a tap fee in accordance with a utility fee and rate schedule prepared by the Association. WATER SUPPLY FOR LOTS 3, 4 AND 5 12.01.05. Ownership of Well and Appurtenant Facilities: Easements for Pipelines. A water well (referred to herein as the "Well No. 2") is permitted for construction on the southerly portion of Lot 5 and will operate pursuant to Colorado Division of Water Resources Well Permit No. 053268-F, which authorizes withdrawal of up to 15 gallons of water per minute with a maximum of one acre foot per year for drinking and sanitary purposes inside commercial businesses. Operation of Well No. 2 is dependent upon maintenance of West Divide Water Conservancy District Water Allotment Contract No. 9908093RK(a). The owners of Lots 3, 4 and 5 each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to Well No. 2, the well permit, pump and associated facilities for the withdrawal of water located at the Well, except as otherwise provided herein. The Developer Utility Company shall be solely responsible for installing a pipeline and related facilities as may be necessary or desirable to convey water from Well No. 2 to each owner's Lot. Subsequent to installation, each Lot Owner shall be responsible for maintaining and operating such pipeline serving its Lot. A totalizing flow meter and adjacent shut-off valve shall be installed by the Developer Utility Company on each pipeline that delivers water from the Well to an Owner's Lot to measure the rate and total volume of water delivered from the Well to said Lot, and to shut off such flow, when appropriate. The type of meter and valve, their location and installation shall be determined, owned, operated and maintained by the Developer Utility Company. Except for this meter and valve, each Lot owner shall be the sole owner of any and all facilities used exclusively for the benefit of said Lot, including individual service lines and storage tanks. The owner of Lot 3 is hereby granted a perpetual and non- exclusive easement over and across Lots 4 and 5 for the installation, use, maintenance, repair, service and replacement of Well No. 2 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lot 3, such easement being no more than twenty (20) feet in width. The owner of Lot 4 is hereby granted a perpetual and non- exclusive easement over and across Lot 5 for the installation, use, maintenance, repair, service and replacement of Well No. 2 and for pipelines, power lines and WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 25 other facilities necessary for the proper operation of the Well and delivery of water to Lot 4, such easement being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the following criteria: Where possible, all utilities, including water lines, shall be installed and maintained within platted utility easements. If installation of a water line in a platted utility easement is not possible or reasonably practicable, and in those instances where a utility easement is not described on another recorded document, the Lot Owner(s) to be served by the water line shall confer with the affected servient Lot Owner(s) (and, if required, the County) to agree upon a Location for installation that does not interfere with existing or proposed improvements and that will cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an established easement area so as to interfere with the repair and replacement of utility lines. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user(s) and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to this Declaration. 12.01.06. Operation. Maintenance and Repair Costs. Subject to the provisions of section 12.01.05, all costs of operation, maintenance, replacement, service and repair associated with Well No. 2, the pump and appurtenant facilities for the withdrawal of water from Well No. 2 shall be shared equally by the owners of Lots 3, 4 and 5. Such costs shall be allocated one-third to each Lot owner, except that each Lot owner shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such property, including individual service lines and storage tanks. The owners of Lots 3, 4 and 5 shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service and/or improvement necessary and essential for proper functioning of Well No. 2 and common facilities. If an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other owners. Nothing herein shall prohibit said Lot Owners from contracting with the Association or the Developer Utility Company to act as a delegate managing agent for such Lot Owners to administer and enforce these well -sharing covenants, in addition to the direct rights and responsibilities of the Developer Utility Company set forth in this WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 26 Article. 12.01.07. Use of Water. The owners of Lots 3, 4 and 5 shall each be entitled to use up to 0.0275 acre feet per month (0.33 acre feet annually)of water from Well No. 2 only for uses authorized by the well permit, which are currently limited to drinking and sanitary purposes inside commercial businesses. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of said Lots shall be entitled to use so much of the water from Well No. 2 (up to their limit) as needed so long as diversions from the Well at no time exceed 15 g.p.m. and total annual diversions do not exceed 1.0 acre feet. If, from time to time, Well No. 2 does not provide water at the rate of 15 g.p.m., each Lot owner shall be entitled to its pro -rata share of the available water. The Developer Utility Company shall regularly read the meters, and shall have the authority to enforce the limitations on water deliveries to each Lot set forth herein pursuant to the provisions of Article XVI hereof. In addition, the Developer Utility Company may terminate water deliveries to any Lot that has for two consecutive months exceeded its maximum monthly entitlement to water from Well No. 2. 12.01.08. Installation of Facilities. Subject to the provisions of Section 12.01.05, the Developer Utility Company shall install at its own expense the power source, meter, pipelines and other facilities in and to Well No. 2 to serve Lots 3, 4 and 5. Each lot owner shall be charged a tap fee in accordance with a utility fee and rate schedule prepared by the Association. WATER SUPPLY FOR LOTS 6 AND 7 AND FOR FIRE PROTECTION 12,01.09. Ownership of Well and Appurtenant Facilities: Easements for Pipelines. A water well (referred to herein as the "Well No. 1") is permitted for construction on the southerly portion of Lot 5 and will operate pursuant to Colorado Division of Water Resources Well Permit No. 054864-F, which authorizes withdrawal of up to 15 gallons of water per minute with a maximum of 3.53 acre feet per year for drinking and sanitary purposes inside commercial businesses and for fire protection purposes. Operation of Well No. 1 is dependent upon maintenance of West Divide Water Conservancy District Water Allotment Contract No. 990612RK(a). The owner of Lot 6 and the owner of Lot 7 and the Association each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to Well No. 1, the well permit, pump and associated facilities for the withdrawal of water located at the Well, provided, however, that the owners of Lot 6 and Lot 7 shall each be entitled to the withdrawal and use of up to 0.33 acre feet annually from Well No. 1 and the Association shall be entitled to withdraw and use the remaining WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 27 permissible appropriation of acre feet annually from Well No. 1 for fire protection purposes. The Developer Utility Company shall be solely responsible for installing a pipeline and related facilities as may be necessary or desirable to convey water from Well No. 1 to each owner's Lot and for the association's fire protection purposes. subsequent to such installation, each Lot Owner and the Association shall be responsible for maintaining and operating the pipeline and related facilities serving their Lot (or, as to the Association, its fire protection pond). A totalizing flow meter and adjacent shut-off valve shall be installed by the Developer Utility Company on each pipeline that delivers water from the Well to an Owner's Lot or to the Association's Fire Protection Pond, to measure the rate and total volume of water delivered from the Well to said Lot or pond, and to shut off such flow, when appropriate. The type of meter and valve, their location and installation shall be determined, owned, operated and maintained by the Developer Utility Company. Except for this meter and valve, each Lot owner (and the Association with respect to the Fire Protection Pond) shall be the sole owner of any and all facilities used exclusively for the benefit of said Lot, including individual service lines and storage tanks. The owner of Lot 7 is hereby granted a perpetual and non-exclusive easement over and across Lot 6 for the installation, use, maintenance, repair, service and replacement of Well No. 1 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lot 7, such easement being no more than twenty (20) feet in width. The Association is hereby granted a perpetual and non-exclusive easement over and across Lot 6 for the installation, use, maintenance, repair, service and replacement of Well No. 1 and for pipelines, power lines and other facilities necessary for the proper operation of Well No. 1 and delivery of water to the Fire Protection Pond, such easement being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the following criteria: Where possible, all utilities, including water lines, shall be installed and maintained within platted utility easements. If installation of a water line in a platted utility easement is not possible or reasonably practicable, and in those instances where a utility easement is not described on another recorded document, the Lot Owner(s) to be served by the water line (or the Association, with respect to the Fire Protection Pond) shall confer with the affected servient Lot Owner(s) (and, if required, the County) to agree upon a location for installation that does not interfere with existing or proposed improvements and that will cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an established easement area so as to interfere with the repair and replacement of utility lines. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user(s) and the legal description shall be WESTERNSLOPE-Powerlsne covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 28 recorded with the Clerk and Recorder of Garfield County with a cross-reference to this Declaration. 12.01.10. Operation, Maintenance and. Repair Costs. Subject to the provisions of section 12.01.09, all costs of operation, maintenance, replacement, service and repair associated with Well No. 1, the pump and appurtenant facilities for the withdrawal of water from the Well shall be shared equally by the owners of Lots 6, 7 and the Association. Such costs shall be allocated one-third to each Lot owner and one-third to the Association, except that each party shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such party, including individual service lines and storage tanks. The owners of Well No. 1 shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service and/or improvement necessary and essential for proper functioning of Well No. 1 and common facilities. If an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other owners. Nothing herein shall prohibit the Association and the Owners of Lots 6 and 7 from contracting with the Association or the Developer Utility Company to act as a delegate managing agent to administer and enforce these well -sharing covenants, in addition to the direct rights and responsibilities of the Developer Utility Company set forth in this Article. 12.01.11. Use of Water. The owners of Lots 6 and 7 shall each be entitled to use up to 0.0275 acre feet per month (0.33 acre feet annually) of water from Well No. 1 only for uses authorized by the well permit, which are currently limited to drinking and sanitary purposes inside commercial businesses. The Association shall be entitled to use up to the balance of the remaining permissible appropriation annually of water from Well No. 1 for the purpose of filling and maintaining the water level in the Fire Protection Pond. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of Lots 6 and 7 and the Association shall be entitled to use so much of the water from Well No. 1 (up to their limit) as needed so long as diversions from Well No. 1 at no time exceed 15 g.p.m. and total annual diversions do not exceed 3.53 acre feet. If, from time to time, Well No. 1 does not provide water at the rate of 15 g.p.m., each Lot owner shall be entitled to its pro -rata share of the available water. The Developer Utility Company shall regularly read the meters, and shall have the authority to enforce the limitations on water deliveries to each Lot set forth herein pursuant to the provisions of WESTER..NsLOPE,Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 29 Article XVI hereof. In addition, the Developer Utility Company may terminate water deliveries to any Lot that has for two consecutive months exceeded its maximum monthly entitlement to water from Well No. 1. 12.01.2. Installation of Facilities. Subject to the provisions of Section 12.01.09, the Developer Utility Company shall install at its own expense the power source, meter, pipelines and other facilities in and to Well No. 1 to serve Lots 6, 7 and the Association. Each lot owner and the association shall be charged a tap fee in accordance with a utility fee and rate schedule prepared by the Association. 12.02 Conservation. Declarant recognizes that water is scarce in Colorado and desires to promote water conservation practices wherever practicable throughout the development of the Lots. To that end, Owners and their agents are encouraged to meet as early as possible with the ACC to determine the best possible use of water conservation methods for the Owner's particular proposed Improvements) including, but not limited to, placement of Improvements on the Lot and the use of water conservation devices within the Improvements. 12.03 Fire Protection. A water supply for fire protection purposes within the Subdivision is provided by a Fire Protection System comprised of a Fire Protection Pond located at the north end of the access road as shown on the final plat and final plat plans, water lines, hydrants and other related facilities. The water supply for the Fire Protection Pond shall be provided from Well No. 1, as described in sections 12.01.09 -- 12.01.12, herein. The Association shall be responsible for maintaining the Fire Protection System, including but not limited to filling and maintaining the Fire Protection Pond, at all times. 12.04 Potable Water Treatment Monitoring. To the extent that reverse osmosis or other water treatment systems are required to be installed for improvements on each Lot, each Lot Owner shall be responsible for such installation and the Association shall annually inspect the condition of each such system within the Subdivision to ensure that each such system is functioning properly to supply potable water to such improvements. If required by the Association, a Lot Owner shall make such repairs or improvements to the water treatment system as are necessary to provide potable water. 12.05 Sewage Collection/Wastewater Service Disclosure. Sewage treatment service is provided to each Lot within the Subdivision pursuant to an agreement between the Association and an entity to be formed by Developer referred to herein as "Developer Utility Company" or "DUC." The terms of such agreement shall not be inconsistent with, and shall be subject to all terms and conditions of that certain Wastewater Service Agreement between Declarant (as Developer) and Wastewater Treatment Services, LLC, dated September 5Ih, 2000, and recorded at Book 1207, Page 944, as Reception No. 569519 in the records of the Clerk & Recorder for Garfield County, Colorado (referred to herein as the "Wastewater Agreement"). Wastewater Treatment Services, LLC, is a private limited liability company entitled to establish rules and WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 30 regulations for the provision of wastewater treatment services, and is not subject to rules or regulations affecting public utilities. The Wastewater Agreement requires assignment by the Declarant (as Developer) and acceptance by the Developer Utility Company of all rights and obligations of the Declarant (as Developer) under the Wastewater Agreement. The Wastewater Agreement provides, in part, that the Developer Utility Company will be responsible for managing and administering wastewater treatment and disposal services within the Subdivision, including administration of the Developer Collection System by assuming the obligations of the Developer under the Wastewater Agreement, including the provision of adequate insurance coverage naming Wastewater Treatment Services, LLC, as an insured party or individual bonds on a per lot or use basis providing coverage against system contamination or damage. The agreement between the Association and the Developer Utility Company shall provide that, in exchange for providing wastewater treatment and disposal services to each Lot, the Developer Utility Company shall assess each Lot Owner an amount reasonably necessary to cover all costs associated with the provision of such utility services. Any unpaid assessments shall become a lien against the Lot, enforceable directly by the Developer Utility Company as set forth in Article VI hereof The Developer Utility Company shall monitor the amount and quality of the wastewater produced by each Lot and shall have the authority to take whatever actions are reasonably necessary to ensure compliance with the Association agreement as well as the Wastewater Agreement. In order to comply with requirements of the Wastewater Agreement: (a) use of the Subdivision is limited to a single restaurant, provided that all contaminants, including undigested food and grease, will be collected and disposed of by a separate collection system; and (b) high volume of wastewater producers such as dentist offices, laundromats, hotels, motels or motor vehicle service stations will be prohibited within the Subdivision. In addition, no non-domestic wastes may be disposed of through the central sewer system. All Lot Owners shall at all times be in compliance with this and all other applicable provisions of the Association's agreement with the Developer Utility Company and the Wastewater Agreement, as the same may be from time to time amended. ARTICLE XIII EASEMENTS FOR ACCESS AND UTILITIES 13.01 Access. Declarant has dedicated to the public all streets and roads as shown on the final plat of the Subdivision, subject to the Association's obligation to maintain and repair the road. 13.02 Utilities, The Declarant hereby establishes for the benefit of each Lot and all Lots within the Subdivision nonexclusive, common and perpetual easements for the location of utilities, including but not limited to water, sewer, electricity, gas, telephone, telecommunication, and cable service. The location of such easements shall be in conformity with the final plat for the Subdivision, these covenants, and the approval of the ACC. WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 31 13.03 Maintenance of Roadway; Shared Expenses. The Association is authorized to retain, hire or otherwise contract with one or more persons or entities, from time to time and as needed, to service, maintain, repair and improve the access road and right of way as shown on the final plat of the Subdivision, provided, however, that Declarant shall bear the cost of initial. construction of any extension of said access road beyond Lots 1, 2 and 8. Services for which the Association shall be responsible shall include, without limitation: snow and ice removal, sanding, resurfacing, striping, painting, and similar services, as well as landscaping within the Landscape, Utility and Drainage Easement along Highway 6, as shown on the final Subdivision plat. ARTICLE XIV INSURANCE: EMINENT DOMAIN 14.01 All Owners shall keep and maintain fire and casualty insurance upon all Improvements upon their Lots to the full insurable value thereof, as well as public liability insurance and such other lines of insurance as may be necessary and proper to insure the risks associated with the activities upon an Owners' Lot. Each Lot Owner shall name the Association as an additional insured on all casualty and public liability insurance policies maintained for a Lot. 14.02 If there is a complete taking of a Lot by any governmental body, then the Owner of such Lot shall be excused from obligation under these covenants subsequent to the taking. A partial taking that does not extinguish a Lot Owner's interest in a Lot shall have no effect upon such Owner's rights and obligations hereunder. ARTICLE XV TERM AND AMENDMENT 15.01 Term. This Declaration, including all the covenants, conditions, and restrictions hereof, shall run with and bind all property and interests therein that are a part of the Subdivision for a period of twenty (20) years from the date hereof and thereafter shall be renewed automatically from year to year unless sooner amended or terminated as hereinafter provided. 15.02 Amendment. This Declaration may be amended or terminated by an instrument executed and acknowledged by Owners evidencing the approval of no less than seventy-five percent (75%) of all votes entitled to be cast in the Association, and recorded with the Clerk and Recorder of Garfield County, Colorado. Amendments made pursuant to the provisions of this Article shall inure to the benefit and be binding upon all property and interests therein that are part of the Subdivision. A certificate of a title insurance company qualified to do business in the State of Colorado or a licensed abstract company showing record Ownership of the land shall be conclusive evidence of such Ownership and status for voting purposes. WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 32 ARTICLE XVI ENFORCEMENT 16.01 Enforcement Powers and Procedures. These conditions, covenants, restrictions, and reservations may be enforced, as provided hereinafter, by each Owner, as well as by the Association acting for itself or on behalf of all Owners, and, as provided herein and otherwise in the Association Documents, by the Developer Utility Company. Each Owner, by acquiring an interest in a Lot, shall be conclusively deemed to appoint irrevocably the Association as his or its attorney-in-fact for such purposes. Violation of any condition, covenant, restriction, or reservation herein contained shall give to the Association, the Developer Utility Company (for matters within its scope of service) and to the Owners, or any of them, the right to bring proceedings at law or in equity against the party or parties violating or intending to violate any of the said covenants, conditions, restrictions, and reservations, to enjoin them from so doing, to cause any such violation to be remedied, or to recover damages resulting from such violation. In addition, violation of any such covenants, conditions, restrictions, and reservations shall give to the Association acting as attorney-in-fact for all Lot Owners the right to enter upon the premises on which the violation is occurring or has occurred and abate, remove, modify, or replace at the expense of the Owner thereof any structure, thing, or condition that may exist thereon contrary to the intent and meaning of the provisions hereof, Every act, omission to act, or condition that violates the covenants, conditions, restrictions, and reservations herein contained shall constitute a nuisance and every remedy available at law or in equity for the abatement of public or private nuisances shall be available to the Owners and the Association. In any such action to enforce these covenants, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. Such remedies shall be cumulative and not exclusive. The failure of the Owners, the Developer Utility Company, or the Association to enforce any of the conditions, covenants, restrictions, or reservations herein contained shall in no event be deemed a waiver of the right to do so for subsequent violations or of the right to enforce any other conditions, covenants, restrictions, or reservations, and the Owners or the Association shall not be liable therefor. The Developer Utility Company shall have the additional enforcement authority set forth in Articles VI and XII hereof. ARTICLE XVII MISCELLANEOUS PROVISIONS 17.01 Severability: Construction. Invalidation of any of these covenants or any provision hereof by a court of competent jurisdiction shall not affect any of the other provisions hereof which shall remain in full force and effect. WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 33 17.02 Government Regulations. If an applicable county, municipal, or other governmental regulation, rule, code, ordinance, or law is more restrictive in any respect than these covenants, it shall supersede these covenants and govern at all times. 17.03 Paragraph Headings. Paragraph headings, where used herein, are inserted for convenience only and are not intended to be a part of this Declaration or in any way to define, limit, or describe the scope and intent of the particular paragraphs to which they refer. 17.04 Notice. Any notice required or permitted herein shall be in writing and mailed, postage prepaid by registered or certified mail, return receipt requested, or hand delivered, and shall be directed as follows: If intended for a Lot Owner or their designated representative, then: (1) to the mailing address furnished by the Lot Owner to the members of the Association; or (2) if no mailing address has been specifically furnished by a Lot Owner to the members of the Association, then to the Lot itself if the Lot is improved and occupied by the Lot Owner; or (3) if the Lot is unimproved or not occupied by the Lot Owner, then to the mailing address of record for the Lot Owner maintained in the records of the Garfield County Assessor. 17.05 Singular and Plural. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires. 17.06 Incorporation of Plat Notes. All notes, terms and conditions set forth on the recorded Final Plat of the Subdivision are incorporated herein by reference. To the extent a conflict arises between these covenants and the notes, terms and conditions of the final plat, the notes, terms and conditions of the final plat shall control. 17.07 covenants Run with the Land. The covenants, conditions and restrictions set forth in this Declaration shall run with the land described in Exhibit "A," such being all of the Lots within the Subdivision, and shall be binding upon and benefit all persons having or acquiring any interest whatsoever in said real property or any part thereof, and shall inure to the benefit of, be binding upon, and enforceable at law or in equity, as set forth hereinafter, by the Declarant, its successors in interest and grantees, each Owner and his or its successors in interest and grantees, and the Association acting on behalf of all Owners. 17.08 No Public Dedication. Unless otherwise expressly stated herein, nothing herein shall constitute or be construed as a dedication for the public. IN WITNESS WHEREOF, the Declarant executes this Declaration of Covenants, Conditions and Restrictions for the Powerline Professional Park Subdivision this day of , 2001. WESTERNSLOPE-Powerline covenants -5 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 34 DECLARANT: WESTERN SLOPE DEVELOPMENT CORP. a/k/a Western Slope Development Ltd. (a Mississippi corporation) By: Robert O. Klein, President STATE OFCOLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of 2001, by Robert. O. Klein in his capacity as President of Western Slope Development Corp., alkla Western Slope Development Ltd., a Mississippi corporation, the Declarant. Witness my hand and official seal. My commission expires: Notary Public WESTERNSLOPE-Powerhine covenants -5 COTTONWOOD SPRINGS LLC 27653 HIGHWAY 6 & 24, BOX 100 RTF LE. COLORADO X51650 TELEPHONE: (970) 625-2069 BUSINESSOFFtcE. .,KIMAILIUC, ADC, {itr'S !02 E'SGH7H STREET, SVCTC 310 GLEN >"iuV SPRINGS, CO 61661 . LEPJ ONP7 (7O) 445-2441 October 22, 2004 Garfield County Building and Planning 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Re: Powerline Professional Park Subdivision Sewer Linc Dear Sir or Madam: Cottonwood Springs has agreed to process domestic sewage for the Powerline Professional Park Subdivision. The agreement for that service is set forth in the Wastewater Service Agreement dated September 5, 2000, and recorded on September 18, 2000, in Book 1207 at Page 944 as Reception No. 569519. The sewer line has been constructed and the required physical connection is complete, attaching the Powerline Professional Park sewer system to Cottonwood Springs. Cottonwood Springs is prepared to accept domestic sewage at this time. No sewage has been delivered as of this date. Cottonwood Springs' agreement for service to the GMCO property is contained in the Waste Water Service Agreement - First Amendment dated March 14, 2003, and recorded March 24, 2003, in Book 1449 at Page 764 as Reception No. 623494. TTTiclh 1 d Very truly A/ , fraiiirir. or•" mil ri lot , p GC 2004 690ZSZ90L.6 SJN 1 ids COOMNOIIOJ HOdd hldOV E V00Z-ZZ-O t Garfield County Building & Planning Memo To: Board of County Commissioners From: Mark Bean, Director Date: 5/29/02 Re: Powerline Subdivision SIA Attached is the letter of credit from the developer of the Powerline subdivision. You will note that the letter of credit is only valid through June 30, 2002. The Subdivision Improvements Agreement that is of record has technically expired, since the last amendment extended the time to complete the improvements to February 15, 2002. (see attached) it is staffs position that the County needs to request payment of the $195,000 contained in the letter of credit. There are individuals that have purchased or entered into contracts to purchase lots within the subdivision that need to be protected. Additionally, staff would request that the Board authorize us to initiate the process of vacating the Final Plat for the lots that have not been sold . RECEIVED SI=B 1 LUU Alpine Bank Rifle IRREVOCABLE STANBY LETTER OF CREDIT Our Reference Number: 4150236001 September 14, 2001 To: (Beneficiary) Garfield County 109 8th Street Glenwood Springs, CO 81601 Account Party: Western Slope Development Corp. P.O. Box 1198 Rifle, CO 81650 We open irrevocable standby letter of credit number 4150236001, which is available by payment against Beneficiary's Draft(s) at sight, drawn on Alpine Bank Rifle, 100 East 4th Street, Rifle, Colorado. In favor of the County of Garfield, State of Colorado. Expires at Alpine Bank Rifle, 100 East 4th Street, Rifle, Colorado 81650 at 5:00 p.m. Mountain Standard Time on June 30, 2002. This credit for an aggregate amount not to exceed a total of U.S. Dollars $195,000.00 (ONE HUNDRED NINETY FIVE THOUSAND AND NO/100 U.S DOLLARS) drafts submitted must be accompanied by the following documents: recycled paper 1. Beneficiary's signed statement purportedly signed by the County Administrator of the County of Garfield, State of Colorado, or his designee stating: "Western Slope Development Corp, developers of the Powerline Professional Park Rifle is in default of its obligations as set forth in the certain Final Plat and the Subdivision Improvement Agreement for the Powerline Professional Park Rifle accepted by Garfield County on or about September 17, 2001. *****CONTINUE ON NEXT PAGE***** 100 East 4th Street • Rifle. Colorado 81650 • (970) 625-9610 • Fax (970) 625-9616 www.alpinebank.com • alpinegalpinebank.com Our Reference Number: 4150236001 An Affidavit approved in writing by the County Attorney and signed by the County Administrator, or his designee, stating that the terms and conditions of this Agreement have been breached by the Developer(s) and has been recorded with the Garfield County Clerk and Recorder. The Garfield County Commissioners have approved the recording of said affidavit and directed the County Administrator to draw an the Letter of Credit. The original letter of credit for endorsement. All drafts must be marked: Drawn under Alpine Bank Rifle, Irrevocable Standby Letter of Credit number: 4150236001 Cancellation of Letter of Credit: This Letter of Credit (and Amendments) must be returned to us for cancellation with statement purportedly signed by the beneficiary stating that: "This Letter of Credit is no longer required by us and is hereby returned to issuing Bank for Cancellation." We hereby agree to honor each draft drawn and in compliance with the terms of this credit if fully presented (together with the documents as specified) to Alpine Bank Rifle, 100 East 411' Street, Rifle, CO 81650 on or before the expiration date. This credit is issued subject to the uniform customs and practice of documentary credit (1993 Revision), International Chamber of Commerce Publication No. 500. Alpine Bank Rifle 100 East 4th Street Rifle, Colorado 81650 970-625-9610 Fax 970-625-9616 EXTENSION OF IRREVOCABLE STANBY LETTER OF CREDIT Our Reference Number: 4150236001 May 19, 2003 To: (Beneficiary) Garfield County 109 8th Street Glenwood Springs, CO 81601 Account Party: Western Slope Development Corp. P© Box 1198 Rifle, CO 81650 We hereby extend the above-mentioned letter of credit number 4150236001 under the same terms and conditions of the original letter of credit dated September 14, 2001. This extension will expire at Alpine Bank Rifle, 100 East 4th Street, Rifle, CO 81650 at 3:00 p.m. mountain standard time on May 1, 2004. Alpine Bank Rifle 13 a ' 'ckstrew President www.a[pinebank.com FAX Number of Pages: /f (including this cover sheet) Date: /// TO: et -4e( FROM: FAX #: Comments: *?C o 5b -z,1-7,/ ;Q7J6 ' "9,.9k(/72 rhiA.9r T?`E / 'r" ,e44429/7- /, Zr- , ' /44,44 a-- -tt-i' /d.Cfiez. P .et / 4)iL - dt/e :r /5:54,4 G{fe /A.4 .c',, /•wg 7r..ri Z- /iv / 1 v``5/G/L/- Garfeld County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 (970) 945-8212 Fax # (970) 3 4-3470 4 CALOIA, HOUPT & HAMILTON, P.C. ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT MARK E. HAMILTON MARY ELIZABETH GEIGER CYNTHI.A F. FLEMING 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (970) 945-6067 - VOICE (970) 945-6292 - FACSIMILE Please direct correspondence to this address May 13, 2003 Don Deford, Esq. Garfield County County Attorney's Office 108 Eighth Street Glenwood Springs, CO 81601 Mark Bean Garfield County Building & Planning 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Developer Improvements—Powerline Subdivision Gentlemen, RECEIVED 2003 CouNTy 3+.J1!'. ow,;PLANNING PARK AVENUE PROFESSIONAL BLDG. 121 NORTH PARK AVE., SUITE B MONTROSE, COLORADO 81402 (970) 252-0180 - VOICE Sender's email: scalaia@sopris.net 1 am enclosing herein a copy of the an amended Subdivision Improvements Agreement for the Board's consideration for the Monday May 19, 2003 meeting. I spoke with Jay Rickstrew of Alpine Bank who has agreed to continue the Letter of Credit for six months. He agreed to work on the paperwork later today so that we can have it in place next week. Please call with any questions. Very truly yours, C Sherry A. Caloia_. SAC:11 Cc: Robert Klein John Barbee Western Slope-Deford-Ltr. FNI POWERLINE PROFESSIONAL PARK SUBDIVISION AMENDMENT TO IMPROVEMENTS AGREEMENT THIS AMENDMENT TO IMPROVEMENTS AGREEMENT ("Agreement") is made and entered into this day of May, 2003, by and between Western Slope Development Corp., a Mississippi corporation ("Developer") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO (referred to in this Agreement as the "County"). RECITALS WHEREAS, Developer and the County entered into an Subdivision Improvements Agreement on September 17, 2001, which is recorded at Book 1287, Page 176 of the records of the Clerk and recorder of the County of Garfield, State of Colorado, for the subdivision known as the Powerline Professional Park (hereinafter "Original Improvements Agreement"), for the property as further described on the Final Plat approved on September 17, 2001, subject to certain terms and conditions, as set forth in Resolution No. 2000-82 which Agreement was amended in June of 2002; and WHEREAS, all required improvements for the Powerline Professional Park have not yet been completed as required by the Original Improvements Agreement and the parties agree that said Agreement, should be extended for a period of approximately six months, from the date of the expiration of the amended Agreements or until November 1, 2003; and WHEREAS, on May 19, 2003, the County considered this matter and approved an extention of the Original Improvements Agreement for the six month period; and NOW THEREFORE the parties, in consideration fo the above agree as follows: AGREEMENT NOW, THEREFORE, for good and valuable consideration, including the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the parties agree as follows: 1. DEVELOPMENT. Owner shall cause to be constructed and installed, at its own expense, such improvements for the Powerline Park Subdivison as contained in the Original Improvements Agreement on or before November 1, 2003. Owner's compliance herewith shall include all documents referenced in the Original Improvements Agreement. 2. SECURITY FOR IMPROVEMENTS. Owner simultaneously herewith delivers a Letter of Credit in a form acceptable to the County in the amount of $195,000, which is the estimated cost of completing the remaining improvements related to the Powerline Park Professional Park that have not yet been certified as completed as those requriements are set forth in the Original Iirprovements Agreement. The Letter of Credit must be valid for a minimum of WESTERN SLOPE -Amendment to STA POWERLINE PROFESSIONAL PARK AMENDED IMPROVEMENTS AGREEMENT May 13, 2003 Page 2 six (6) months beyond the completion date for the improvements set forth herein. If the time for completion of improvements is extended by a written amendment to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the improvements, this Agreement shall become void and of no force and effect, and the Final Plat shall be vacated pursuant to the terms of this Agreement. 3. RECORDING OF AGREEMENT. This Agreement shall be recorded and shall be a covenant running with the property described in the Original Improvments Agreement, and shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions hereof. 4. ORIGINAL IMPROVEMENTS AGREEMENT. All of the provisions of the Original Improvements Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date first set forth above. By: WESTERN SLOPE DEVELOPMENT CORP. (a Mississippi corporation) By: Robert Klein, President and authorized agent BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF GARFIELD, STATE OF COLORADO John Martin, Chairman ATTEST: Mildred Alsdorf, Clerk and Recorder Garfield County, Colorado WESTERN SLOPE -Amendment to SIA Apr -30-03 12: 59P Alpine Bank 111. P_02 Rifle 100 Ecist ath skreot Rifl€�, '•2ofnrodo 61650 970-625 9610 rm. Q/0.625-9616 EXTENSION OF IRREVOCABLE STANBY LETTER OF CREDIT Our Reference Number: 4150236001 April 30, 2003 To: (Beneficiary) Garfield County 109 81s Street Glenwood Springs, CO 81601 Account Party: Western Slope Development Corp. PO Box 1198 Rifle, CO 81650 We hereby extend the above --mentioned letter of credit number 4150236001 under thc same terms and conditions of the original letter of credit dated September 14, 2001. This extension will expire at Alpine Bank Rifle, 100 East 4th Street, Rifle, CO 81650 at 3M0 p.m. mountain standard time on June 1, 2003 Aipi a Bank Rifle y ickstrew resident www -Qlpinebonk.corn 0, ,/ ,4 _7(76"0-tabi- 3://///61i EXTENSION OF IRREVOCABLE STANDBY LETTER OF CREDIT Our Reference Number: 4150236001 une 14, 2002. (Beneficiary) '.,Garfield County ,x;,109 8th Street Glenwood Springs, CO 81601 Western Slope Development Corp. P.C. Box 1198 Rifle, CO 81650 We hereby extend irrevocable standby letter of credit number 4150236001, which is available bv payment against Beneficiary's Draft(s) at sight, drawn on Alpine Bank Rifle, l Q.i}; ast. 4 Street, Rifle, Colorado. In °fayarofthe County of Garfield, State of Colorado. .Expires at Alpine Bank Rifle, 100 East 4th Street, Rifle, Colorado 81650 at 5:00 p.m. Mlilountain Standard Time on May 1, 2003. This credit for an aggregate amount not to exceed a total of U.S. Dollars $195,000.00 ONE HUNDRED NINETY FIVE THOUSAND AND NO/100 U.S. DOLLARS) drafts ed must be accompanied by the following documents: Beneficiary's signed statement purportedly signed by the County Administrator of the County of Garfield, State of Colorado, or his designee stating: "Western Slope Development Corp, developers of the Powerline Professional Park Rifle is in default of its obligations as set forth in the certain Final Plat and the Subdivision Improvement Agreement for the Powerline Professional Park Rifle accepted by Garfield County on or about September 17, 2001." ****CONTINUE ON NEXT PAGE**** 00 East 4th Street • Rifle, Colorado 81650 • (970) 625-9610 • Fax (970) 625-9616 www.alpinebank.com • rence Number: 4150236001 An Affidavit approved in writing by the County Attorney and signed by the County Administrator, or his designee, stating that the terms and conditions or this Agreement have been breached by the Developer(s) and has been recorded with the Garfield County Clerk and Recorder. The Garfield County Commissioners have approved the recording of said affidavit and directed the County Administrator to draw on the Letter of Credit. The original letter of credit for endorsement. .mow .drafts must be marked: Drawn under Alpine Bank Rifle, Irrevocable Standby Letter it number: 4150236001 cellation of Letter of Credit: This Letter of Credit (and Amendments) must be ed to us for cancellation with statement purportedly signed by the beneficiary stating that: "This Letter of Credit is no longer required by us and is hereby returned to issuing Bank for Cancellation." < We hereby agree to honor each draft drawn and in compliance with the terms of this credit if fully presented (together with the documents as specified) to Alpine Bank Rifle, 100 East 4th Street, Rifle, CO 81650 on or before the expiration date. This credit is issued subject to the uniform customs and practice of documentary credit (1993 Revision), International Chamber of Commerce Publication No. 500. r) Alpine Bank 41 Rifle EXTENSION OF IRREVOCABLE STARRY LETTER OF CREDIT Our Reference Number: 4150236001 May 31, 2002 To: (Beneficiary) Garfield County 109 8th Street Glenwood Springs, CO 81601 Account Party: Western Slope Development Corp. P.O. Box 1198 Rifle, CO 81650 We hereby extend our standby letter of credit number 4150236001, which is available by payment of Beneficiary's Draft(s) at sight, drawn on Alpine Bank Rifle, 100 East 4th Street, Rifle, Colorado. In favor of County of Garfield, State of Colorado. 1O7 1f Expires at Alpine Bank Rifle, 100 East 4'i' et, Rifle, Colorado 81650 at 5:00 p.m. Mountain Standard Time on December 2002. This Credit for an aggregate amount not to exceed a total of U.S. Dollars $195,000.00 (ONE HUNDRED NINETY FIVE THOUSAND AND NO/100 U.S. DOLLARS) drafts submitted must be accompanied by the following documents: 1, Beneficiary's signed statement purportedly signed by the County Administrator of the County of Garfield, State of Colorado, or his designee stating: recycled paper "Western Slope Development Corp. developers of the Powerline Professional Park Rifle is in default of its obligations as set forth in the certain Final Plat and Subdivision Improvement Agreement for the Powerline Professional Park Rifle accepted by Garfield County on or about September 17, 2001 *****CONTINUE ON NEXT PAGE* 100 East 4th Street • Rifle, Colorado 81650 • (970) 625-9610 • Fax (970) 625-9616 www.alpinebank.com Our Reference Number 4150236001 An Affidavit approved in writing by the County Attorney and signed by the County Administrator, or his designee, stating that the terms and conditions or this Agreement have been breached by the Developer(s) and has been recorded with the Garfield County Clerk and Recorder. The Garfield County Commissioners have approved the recording of said affidavit and directed the County Administrator to draw on the Letter of Credit. The original letter of credit for endorsement. All drafts must be marked: Drawn under Alpine Bank Rifle, Irrevocable Standby Letter of Credit number: 4150236001 Cancellation of Letter of Credit: This Letter of Credit (and Amendments) must be returned to us for cancellation with statement purportedly signed by the beneficiary stating that: "This Letter of Credit is no longer required by us and is hereby returned to issuing Bank for Cancellation." We hereby agree to honor each draft drawn and in compliance with the term of this credit is fully presented (together with the documents as specified) to Alpine Bank rifle, 100 East 4th Street, Rifle, Colorado 81650 on or before the expiration date/ The credit is issued subject to the uniform customs and practice of documentary credit (1993 Revision), International Chamber of Commerce Publication No. 500, Alpin- Bank Rifle Ta c strew P esident Garfield County Engineering Department To: Mark Bean, Planning Department Director From:Jeff T Nelson CC: Randy Withee Date: Tuesday, May 06, 2003 Re: Engineering site visit report for POWERLINE PROFESSIONAL PARK" Mark, 1 have performed a site visit to review the above-mentioned project per your request. The scope of the visit was to compare the constructed project in relation to the approved construction plans. Please see the following list of variances or deficiencies from the approved plans. 1. General Comments: 1.1. The one page as built drawing I received is inadequate to perform a thorough engineering comparison of as built conditions compared to approved construction plans. ( met with John Barbee in my office and discussed what he needed to submit and which standards are adequate. 1.2. Due to the condition and inaccessibility of various infrastructures, I would request that the project owner perfoma field test of the following systems with the proper authorities on site to observe and verify their maintenance and operation conditions. 1,2.1. Fire Suppression System 1.2.2. Potable Water Systems 1.2.3. Sanitary Sewer Systems 1.3. The project shall be constructed per "Final Plan Documents for Powerirne Professional Park' dated 8/14/01, prepared under the direction of Roger Neal of High Country Engineering. All variances from the approved plans shall be applied for in writing to the Garfield County Colorado Building and Planning Dept. All variances from the approved engineering design shall be approved by the project engineer, Roger Neal of High Country Engineering. 2. Power Supply By Public Service 2.1. It appears the entire site is without power due to the notice of ceased service I found on site. Power to site must be reinstated in order for infrastructure to operate. 3. Sanitary Sewer System 3.1. The lift station is without power 3.2. The lift station construction varies from approved construction plans. Construct the Iift station per approved engineered construction plans. 3.3. Submit a letter from the cottonwood sewer plant stating connection to their system is complete and operational. 4. Asphalt Roadway 4.1. Cul de sac has areas that have failed structurally to hold the vehicle weight. Remove all soft spots and install road section per approved construction plans. 4.2. Width of asphalt along powerline road is 22 feet wide on average. Approved construction plans and county standards call for 24 feet of asphalt. Install asphalt necessary to make the road 24 feet wide with 6 -foot shoulders. 5. Fire Suppression System Page 1 of 2 144 east Third Street, Rifle, CO. 81650, 625-6172 - . ,tnerson@garfield-county.corn 3tr� 5.1. Storage pond volume shall be checked by means of a metered pump test. 5.2. Pond perimeter shall have tine ladders, per OSHA standards, installed along the edges. The liner and slope of the pond make it highly dangerous to anyone or anything that may inadvertently fall into the pond 5.3. Fencing the perimeter of the pond shall be in accordance with Rifle Fire District directions and guidelines. 5.4. The existing fencing is being installed to close to the edge of pavement. The turning movements of the vehicles will destroy the fencing. I recommend moving the fencing closer to the top of bank of the pond. 5.s. The pit containing the fire suppression system pump has mud and other debris inhibiting the use of the equipment within the pit. Clean the entire pit of foreign debris prior to fire suppression system test. 5.6. The storage pond has a 6 -inch PVC pipe. This pipe appears to be a variance from the approved construction plans. The project engineer shall submit an explanation of what the pipe duties are or remove the pipe. If you have any questions or comments, please do not hesitate to call. Sincerely, ,teff T Nelson Assistant County Engineer Garfield County Engineering Department Page 2 of 2 144 east Third Street, Rifle, Co. 61650. 625-6172 - Jtn , Jnelson@garfield-county.com Garfield County Engineering Department Memo To: Mark Bean, Planning Department Director From: Jeff T Nelson CC: Randy Withee Date: 8/23/01 Re: Engineering review of "final plan documents for POWERLINE PROFESSIONAL PARK"dated 8-14- 01. Mark, 1 have reviewed the ?hove -mentioned drawings and engineers estimate and recommend the project be approved for construction. If you have any questions or comments, please do not hesitate to call. Sincerely, Jeff T Nelson Assistant County Engineer Garfield County Engineering Department 384-5013 Page 1 of 1 CALOIA, HOUPT & HAMILTON, P.C. ATTORNEYS AT LAW RECEIVED AN 1 4 2002 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (97{)) 945-6067 - VOICE (970) 945-6292 - FACSIMILE Please direct correspondence to this address SHERRY A. CALOIA JEFFERSON V. HOUPT MARK E. HAMILTON MARY ELIZABETH GEIGER June 13, 2002 Mark Bean Garfield County Building & Planning 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Final Plat Submittal—Plv rline Subdivision Dear Mark: PARK AVENUE PROFESSIONAL BLDG. 121 NORTH PARK AVE., SUITE B MONTROSE, COLORADO 81402 (970) 252-0180 - VOICE Sender's email: scalaia@),sopris.rrel Enclosed please find three signed copies of Powerline Professional Park Subdivision Amendment to Improvements Agreement Hopefully the amended letter of credit has been delivered to you. If not, please let me know. We look forward to concluding this process as soon as possible. Please call me with any questions. Sincerely, CALOIA, HOUPT & HAMILTON, P.C. I_ rice -- Sherry A. Caloia SAC:nll Enclosures cc: John Barbee w/o enc. Western Slope-Bean-Itr-2 CALOIA, HOUPT & HAMILTON, P.C. ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT MARK E. HAMILTON MARY ELIZABETH GEIGER 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (970) 945-6067 - VOICE (970) 945-6292 - FACSIMILE Please direct correspondence to this address May 30, 2002 Mark Bean Garfield County Building & Planning 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Final Plat Submittal—Bwerline Subdivision Dear Mark: RECEIVED MAY 3 ; 2QO2 PARK AVENUE PROFESSIONAL BLDG. 121 NORTH PARK AVE., SUITE B MONTROSE, COLORADO 81402 (970) 252-0180 - VOICE Semuler's email: scalnia*apris.nel We had previously asked for an extension to complete and received no response. We are renewing that request herein. Along with this letter we are submitting an amended SIA The client has applied for an extended Letter of Credit for six that to you next week. We look forward to concluding this process as soon as any questions. Sincerely, the improvements in February for the Powerline Subdivision. months, and we hope to have possible. Please call me with CALOIA, HOUPT & HAMILTON, P.C. Sherry A. Caloia SAC:nl1 Enclosures cc: John Barbee w/enc. Western Slope-Bean-Ilr-1 {{ly MMM11 WE Ill \ \t1l\ L VIVO Il87 l O1l1 rill 8842 F 5 1 >7fR e.ei 01 ,00 G of 11 R 0.00 C> 0.00 GARti•IEi.t3 COUNTY CO POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 5 of 9 8. SCHOOL IMPACT FEES. Pursuant to Section 9:80 of the Garfield County Subdivision Regulations, prior to recordation of the Final Plat, Owner shall pay to the County school impact fees in the amount of $1,600.00, representing fees in the amount of 5200 per lot for eight platted lots. Subsequent to recordation of the Final Plat, Owner shall not claim, nor is Owner entitled to, a reimbursement of the school impact fees paid pursuant hereto. 9. COST OF PUBLIC IMPROVEMENTS. All public improvements and upgrades in and to the Subdivision shall be constructed and paid for by the Owner in accordance with all relevant provisions of the Garfield County Subdivision Regulations, the above -referenced Board Resolution, this Agreement and the Final Plat. Attached as Exhibit B hereto and incorporated herein by this reference is a revised engineer's estimate submitted by the Owner and identifying the public improvements to be made and the estimated cost of completion thereof. Upon Owner's completion of all public improvements, or in stages thereof as Owner elects, Owner's engineer shall certify the extent to which construction has been completed. No certificate ofoccupancyo upancy shall issue for any improvement in the Subdivision until such time as any and all public improvements have been installed and all charges for services actually installed by the County, if any, have been paid in full. 10. SECURITY FOR IMPROVEMENTS. a, Cash or Letter of Credit. On or before the date of the recording of the Final Plat of the Subdivision with the Garfield County Clerk and Recorder, Owner shall deliver cash or a Letter of Credit in a form acceptable to the County in the amount of $195,000.00 which is the estimated cost of completing the remaining subdivision improvements related to the Subdivision as set forth and certified by a licensed engineer on Exhibit C attached hereto. The Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County. If the institution issuing the Letter of Credit is not licensed in the State of Colorado and transacting business in the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of the Uniform Commerical Code — Letters of Credit, §§4-5-101, et seq., C.R.S., by a bank that is licensed to do business in the State of Colorado, doing business in the State of Colorado, and acceptable to the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein. If the time for completion of improvements is extended by a written amendment t CoAgreement, reeItthe time the y period for the validity of the Letter of Credit shall be similarly dedAdditionally, sho Owner ould Letter of Credit become void or unenforceable for any reason, including bankruptcy or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the improvements, this Agreement shall become void and of no force and effect, and the Final Plat shall be vacated pursuant to the terms of this Agreement. portions of the Security as b. Partial Re eases of 'ecurity. The County shall release portions of the subdivision improvements are completed to the satisfaction of the County. wE$TEitNsLUPEsIfI•z Kr~ 111\131$ ill ll E 1111 2141i11 74 lMll S1II III 588421 09/17/2001 02 h of 11 R 0.00 0 0.00 GARFIELD COUNTY CO POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 6 of 9 Certification of completion of improvements adequate for release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. Owner may also request release for a portion of the security upon proof: (i) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines; and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such contract. Upon submission of a certification of completion of improvements by the Owner, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days specifying which improvements are potentially deficient. If no letter of potential deficiency is furnished within said fifteen (I5) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements which were certified as complete. Ifa letter of potential deficiencies is issued which identifies a portion of the certified improvement as potentially deficient, then all improvements not so identified in the letterf potential of deficiencies shall be deemed accepted and the County shall release the appropriate amount security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation. If the County finds that the improvements are acceptable, then appropriate security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, theBoard of Commissioners shall make a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. e. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. WE5TERHSLOPESIA-2 Rev 1111111111R011�00 D11111111,00GA 111t1111'1 111C11111iNfN 111114111111 7 of 11 .0RFTELD COUNTY CO POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 7 of 9 d. Recording of Final Plat. The Final Plat for the Subdivision shall not be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 11. SUBDIVISION OR CHANGE OF BOUNDARIES OF LOTS. All further subdivision or re -subdivision or any material change in the boundaries of lots within the Subdivision shall be subject to the Garfield County Zoning Code and Subdivision Regulations. 12. LIABILITY. Owner shall indemnify and hold harmless the County, its officers, agents, employees, contractors and third -party insurers, from any and all suits, actions, and claims of every nature and description caused by, arising from or on account of, any act or omission of the Owner, or of any other person or entity for whom the Owner is legally responsible as determined by a court of competent jurisdiction, for construction of the public improvements required under this Agreement; and Owner shall pay any action or claim together with all reasonable expenses and attorney's fees incurred by the County in defending such suit. action or claire. Owner shall require that all contractors and other employees engaged in construction of improvements shall maintain adequate worker's compensation insurance and public liability coverage and shall fully comply with the provisions of the Federal Occupational Safety and Health Act. 13. DRAINAGE LIABILITY. Owner hereby indemnifies and holds the County harmless from any and all liability on account of change in the nature, direction, quantity, or quality of historical drainage flow resulting from the creation of the lots within the Subdivision; and promises to reimburse the County for any and all costs including but not limited to, reasonable attorney's fees, which the County may actually incur, if any, in acquiring or condemning rights-of-way or easements for drainage, as a result of the development of the Subdivision. 14. DEFAULT: CONSENT TO VACATE FINAL PLAT. In addition to such other remedies as may be available under this Agreement, if Owner fails, refuses or neglects to perform under the terms of this Agreement, including the failure to timely cure any alleged deficiency in the construction of public improvements, the County shall furnish the Owner (and all other record title owner(s) of lots within the Subdivision) written notice of default hereunder. If such default has not been cured or otherwise remedied to the satisfaction of the County no less than sixty days thereafter (or such greater or lesser time as the parties may hereafter agree in writing), the County may draw on the security posted by the Owner pursuant hereto and in accordance with the terms of such security instrument, and may withhold approval of any and all pending or new development applications, building permits, certificates of occupancy (except with respect to any structure for which a building permit has been issued), until the failure of performance has been corrected by the Owner. If the County draws on the security, the County may use the proceeds wrsrrxNSLOPrsu-Mev 111E411 111111 Ill 111111(1 111 IIIIIII ill 111 IIII IIII 588421 09/17/2001 02:82P 61287 P176 n ALSDDRE 8 of 11 R 0.00 b 0.00 GARFIELD COUNTY CO POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 8 of 9 thereof for all costs and expenses incurred in connection with completion of all public improvements for the Subdivision, including but not limited to engineering expenses. consultants' fees and charges, and reasonable attorneys' fees and costs. Nothing herein shall be construed as restricting either party from pursuing such remedies as it may have at law or in equity to enforce the provisions hereof If either party to this Agreement brings legal action against the other, the substantially prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. The waiver of any one or more defaults under this Agreement shall not constitute a waiver of performance hereunder in any other respect. As an additional remedy for default hereunder, and only after notice of default and expiration of the Owner's right to cure, the County shall be entitled to vacate approval of the Final Plat and record an instrument to such effect in the records of the Clerk and Recorder for Garfield County. 15. RECORDING OF AGREEMENT. This Agreement shall be recorded and shall be a covenant running with the property described in Exhibit A, and shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions hereof 16. BINDING EFFECT. The provisions of this Agreement shall bind and inure to the benefit of the parties, their assigns, agents, employees and successors -in -interest of all kinds, including Owner's grantees. For purposes of establishing responsibility for performance hereunder, each and every reference in this Agreement to the "Owner" shall be construed as referring to Owner's successors) -in -interest, as applicable at the time enforcement of this Agreement may be sought. 17. NOTICES. All notices required or permitted by this Agreement shall be in writing and shall be deemed effective when received by the recipient party via personal delivery, facsimile transmission, United States mail, postage prepaid, return receipt requested, by messenger or by overnight delivery service, in all cases addressed to the person for whom it is intended at their address and facsimile number(s) set forth below or to such other address as a party shall have designated by notice in writing to the other party in the manner provided by this Addendum paragraph: If to Owner: If to the County: WESTERN SLOPE -SI A-2Rcr Western. Slope Development Corp. Attn: Robert O. Klein P.O. Box 1198 Rifle, CO 81650 Board of County Commissioners c/o Mark Bean, Garfield County Planning Director 109 Eighth Street, Room 303 Glenwood Springs, CO 81601. 111111111111111111111111111111111 l l l l i i i 1111111111111111 A ofZ11BR/0.00 09 00 ARFIELD COCOUNTY CO POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 9 of 9 18. AMENDMENT, This Agreement may be amended or modified from time to time, but only in writing signed by the parties hereto. 19. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of, or related to, this Agreement shall lie with the District Court for Carficld County, Colorado, 20. PARAGRAPH TITLES. Paragraph titles in this Agreement are for convenience only and are not to be used to construe or interpret this Agreement. 21. COUNTERPARTS. This Agreement may be signed in counterparts, in which case all counterpart signatures together shall constitute full execution hereof. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date first set forth above. OWNER: WESTERN SLOPE DEVELOPMENT CORP. a/k/a WESTERN SLOPE DEVELOPMENT LTD. (a Mississippi corporation) By: Robe O. Klein, res BOARD OF FOR T OLO ent NTY COMMISSIONERS Y OF GARFIELD, STATE OF By: Print N Cha [c WESTE RNSI.UPESIA-2 Rev corder 1 111111 11111 11111 111 11111111 111E111 111 111111 111 1111 09/17/2001 02:50. R1287 10f11 R0.00D 0.00 GARP ELDPCOUNTY CO POWERLINE PROFESSIONAL PARK SUMMARY OF PROBABLE CONSTRUCTION COST August 15,2001 I`1T:M QUANTITY Grading & Earthwork Mobilization 1 L.S. Earthwork 1 LS. 3" Asphalt 2,192 S.Y. 6" Class 6 ABC 600 C.Y. 12" Class 3 ABC 1620 C.Y. Pond Lining 7,000 S.Y. Storm Drains 24" NUS N-12 24" ADS Flared End Section 70 L.F. 2 Each Domestic & Fire Water *Price includes trenching and fittings 8" DEP Fire Waterline 650 L.F. 1" Water Service 8 Each Fire Hydrant Assembly 2 Each Pump Houses 3 Each Pump House Appurtenances 3 Each Fire Supply Intake 1 Each Fire System Pump & House 1 Each Sanitary Sewer 8" SDR 35 Sewer Pipe 4' Dia Concrete Manhole 4" SDR 35 Sewer Service Connection to Existing Manhole 2" Polyethylene Force Main 1950 GPD Lift Station UNIT COST COST $5,000 $ 9,000 $ 8.85 $ 7.00 $ 5.00 $ 5.00 $ 20.00 $ 180 $ 5,000 $ 9,000 $ 19,400 5 4,200 5 5,500 $ 3.500 $ 46,660 $ 1,400 $ 360 $ 1,760 $ 22.50 $14,625 $ 950 $ 7,600 $ 1,750 $ 3.500 5 1,500 $ 4,500 $ 1,500 $ 4,500 $ 1,000 5 1,000 512,266 $12,266 547,991 610 L.F. $ 22.50 $13,725 5 Each $ 1800 $ 9,000 8 Each $ 200 $ 1,600 1 Each $ 1,000 5 1,000 600 L.F. $ 12.50 $ 7,500 1 Each 512,000 $12.000 544,825 ITEM Shallow Utilities 4' Utility Trench Electric Vault Excavation Telephone Utility Gas Utility Electric Utility Topsoil Management QUANTITY 100 L.F. 4 Each 650 L.F. 650 L.F. 650 L.F. 1 Each Miscellaneous Surveying &Construction Admin. 1 L.S. Class 1 Ground Sign 1 Each Revegetation 3,000 S.F Sub total: 10% Contingency: Total: This summary U7JIT COST COST $ 6.00 $ 600 S 4.00 $ 4.00 $ 10.00 $ 1,000 S 5,000 $ 100 033 cost was prepared for estimating purposes only. I Ili!t09/17/2001 l ,Il 1111111i1�111P 1 I III297 1i11111I11 Eli Ili 588a31 11 of 11 R 0.00 D 0.00 GARFIELD COUNTY CO $ 4,200 $ 2,400 $ 2,600 $ 2,600 516,500 $ 1,000 529,300 $ 5,000 $ 100 $ 990 $ 6,090 $176,626 $ 17,663 5194,289 RECEIVED AUG 1 5 2001 POWERLINE PROFESSIONAL PARK SUMMARY OF PROBABLE CONSTRUCTION COST June 15, 2001 HEM QUANTITY UNIT COST Grading& Earthwork Mobilisation 1 L.S. $5,000 Earthwork 1 L.S. $ 9,000 3" Asphalt 2,192 S.Y. $ 8.85 6" Class 6 ABC 600 C.Y. $ 7.00 12" Class 3 ABC 1620 C.Y. $ 5.00 Pond Lining 7,000 S.Y. $ 5.00 Storm Drains 24" NDS N-12 70 L.F. $ 20.00 24" ADS Flared End Section 2 Each $ 180 Domestic & Fire Water *Price includes trenching and fittings 8" DIP Fire Waterline 650 L.F. $ 22.50 $14,625 1" Water Service 8 Each $ 950 $ 7,600 Fire Hydrant Assembly 2 Each $ 1,750 $ 3,500 Pump Houses 3 Each $ 1,500 $ 4,500 Pump House Appurtenances 3 Each $ 1,500 $ 4,500 Fire Supply Intake 1 Each $ 1,000 $ 1,000 Fire System Pump & House 1 Each $12,266 $12,266 $47,991 Sanitary Sewer 8" SDR 35 Sewer Pipe 610 L.F. $ 22.50 $13,725 4' Dia Concrete Manhole 5 Each $ 1800 $ 9,000 4" SDR 35 Sewer Service 8 Each $ 200 $ 1,600 Connection to Existing Manhole 1 Each $ 1,000 $ 1,000 2" Polyethylene Force Main 600 L.F. $ 12.50 $ 7,500 1950 GPD Lift Station 1 Each $12,000 $12,000 $44,825 COST $ 5,000 $ 9,000 $ 19,400 $ 4,200 $ 5,500 $ 3,500 $ 46,660 $ 1,400 $ 360 $ 1,760 ITEM QUANTITY UNIT COST COST Shallow Utilities 4' Utility Trench 700 L.F. $ 6.00 $ 4,200 Electric Vault Excavation 4 Each $ 600 $ 2,400 Telephone Utility 650 L.F. $ 4.00 $ 2,600 Gas Utility 650 L.F. $ 4.00 $ 2,600 Electric Utility 650 L.F. $ 10.00 $16,500 Topsoil Management 1 Each $ 1,000 $ 1,000 $29,300 Miscellaneous Surveying &CanstructionAdmin. 1 L.S. $ 5,000 $ 5,000 Class 1 Ground Sign 1 Each $ 100 $ 100 Revegetation 3,000 S.F $ 033 $ 990 $ 6,090 Sub total: $176,626 10% Contingency: $ 17,663 Total: $194,289 ► `q� ..N.s <I �,� .'FEEL fi©1S,'. f'', -1 This summa I fp fable cadge& n cost was prepared for estimating purposes only. 1951.1 : DEC. 13. 2000 8:14AM 110. 9397 P. 2 TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. HEADQUARTERS: P0. BOX 33695 DENVER, COLORADO 80233-0695 (303) 452-6111 November 29, 2000 Mr. John Barbee Western Slope Development 838 County Road 210 Rifle, CO 81652 Dear Mr. Barbee: RECEIVED DEC 1 4 2008 Tri-State has approved your drawings for the Powerline Professional Park Subdivision. Your plans were approved based on Tii-State's belief that you will follow the uideliF+e&-restric#ivns stated in crossing license TSL -38-17-,99-006 dated October -- 25, 1999. Along with the guidelines and restrictions mentioned in the crossing license. Tri- State is concerned with the three well easements you have in your plans. You have told Tri-State these wells will be at least 50 feet from the nearest structure or conductor. As long as this remains to be true we will allow these wells within our easement area. Tri- State would like to make this restriction part of the existing crossing license between Tri- State and Western Slope Development. If you agree to these terms please sign this letter and return it to my attention. Tri-State will then sign the letter and return an executed copy back to you for your files. Thank you for your continued cooperation throughout your planning process. If you need anything further please contact myself at 800-332-0498. Tri-State Generation and Transmission Association, Inc• CR AV STATION PQ HOS 1307 CRAIG. CO 81426.1307 (070)824-0911 • 1 1 We AN EQUAL OPPORTUNITY IAFFIRMATIVE ACTION EMPLOYER A Touch6tonc EnerW C:XupColtivc Development NULLA srArroN P0. BOX 69a NUCLA, CO 91424-0899 1'970064.7m WESTERN SLOPE DEVELOPMENT CORP. 11 BOX 1198. RIFLE CO 81651 SkceweYalesem Direct 971.876.5242 Fax: 971.876.5125 N1:911.7196666 December 6, 2000 Garfield County Attn: Jeff Lourien 109 8th St. Glenwood Springs, CO 81601 RE: Powerline Professional Park Dear Mr. Lourien, RECEIVED DEC 7 2880 With the enclosed documents, all pertinent materials requested by the Planning department for final resolution of the Powerline Project have been submitted. I would request that the review and presentation before the Board take place as soon as possible. If more information is required, or clarification of the materials presented is necessary, please contact me at the number above. WESTERN SLOPE DEVELOPMENT CORP. PI ear net, CI assn skc@..elema e•■ Direct 971.8765242 Fax: 9711761825 Cell: 970.379.6666 December 1, 2000 Garfield County Attn: Jeff Lourien 109 8th St. Glenwood Springs, CO 81601 RE: Powerline Professional Park Final Plat Dear Mr. Lourien,. Enclosed are the items requested pursuant to Resolution No. 200-82 for Final Plat approval of the Powerline Professional Park Subdivision. The following summary describes our response to each conditional item: 2. That a revised agreement be obtained from Tri-State Generation and Transmission Association, Inc. allowing the proposed 15 utility easement along the proposed access road, the proposed well easements and proposed easement for connection to the central sewer system within theirpowerline easement before any Final Platting. Tri-State has provided a letter dated November 29, 2000, which allows for the placement of all utility easements within the Tri-State Right -of -Way. As indicated in the letter, all well structures shall be 50 feet from any electric utility structure ortransformer. See Exhibit 1. 3. A Business Owner's Association must be formed, and this entity must at a minimum own and operate the fire and sewer systems, and maintain the public access road as a condition of any and all Final Plats, A Business Owner's Association has been formed. The BOA operates under the controls and restrictions set forth in the Covenants. Section 10.05, Fire Protection, describes ownership and maintenance of the system. Section 10.05, Sewage CollectionlWastewater Service Disciosure;requires each lot owner to have separate individual agreements between the lot ovum rj e, Developer Utility Company (DUG). See Exhibit2 4. A well sharing agreement(s) must be entered into among all lots sharing a well, and recorded prior to any Final Platting. Article X of the Covenants, Controls and Restrictions details the well sharing agreements for all eight lots. Separate well sharing agreements are also included. See Exhibit 2. 5. A Watershed Permit will be obtained from the City of Rifle prior to any Final Platting. The Watershed Permit from the City of Rifle has been approved and included in this packet as Exhibit 7. 6. All well permits must be approved prior to Final Platting of any phases including the use of the well on lot 6 for the filling of the fire pond and to replace evaporation. All well permits have been approved. See Exhibit 3. 7. Any cuts for roads or construction shall be revegetated to prevent erosion. All cuts for roads and utilities have been regraded and revegetated using a weed free native grass mix. 8. The applicant shall submit, prior to any final platting, for review by the county, in writing, a clarification of the noxious weeds on the site along with a management plan for these weeds to include.- method of treatment, if chemical treatment; state name of herbicide and rates, schedule of treatment, plans of follow-up, and name of applicator that will do the work A getter describing the Weed Management Plan has been provided. See Exhibit 4, 9. All mitigation measures contained within the letter of November 17, 1999, from the Colorado Geological Survey in response to this proposed subdivision Will be conditions of any and all Final Plats. The mitigation measures contained in the letter dated 11-17-99 will be followed as a condition of final plat. 10. The following will be conditions of any and all Final Plats as received from the Public Service Company of Colorado in a letter dated November 16, 1999, In response to this proposed subdivision: Denoting the proposed utility installation within the proposed 60' access easement. Ensuring that adequate (10 feet on either side within the proposed 60' easement) space is provided within the 60' easement for the placement of above ground facilities. The fact that there is no distribution gas in Highway 6 & 24, and that if this development is to be served with natural gas, access would have to come from either County Road 210, to the north, or the Cottonwood Trailer Park to the west, depending on Loads. Ensuring that proposed berms are far enough removed from existing overhead lines, and that they do not interfere with the access and operation of these facilities. Finally, any requirements over and above the licensing agreement with TriState which may be required if facilities are placed within the proposed right-of-way. The conditions indicated by the Public Service Company have been followed. A service installation contract has been entered into with the Public Service Company. 11. The following are to be conditions of any and all Final Plats: 1. A minimum of 160,000 gallons of fire protection water is needed on site. Hydrants should be spaced a maximum of 500 feet from a structure. Hydrants are to be capable of providing a minimum of 1500 gallons per minute at 20 PSI residual pressure. The main road as well as individual driveways are to be constructed to accommodate the heavy weights of fire apparatus during adverse weather conditions. Roadways should be a minimum of 24 feet in width, 4. Addresses are to be posted in a conspicuous location so they are readily identifiable. Each individual building will need to be reviewed at the building permit phase to evaluate any additional fire protection requirements. A fire storage pond has been constructed with 18Q000 gallons of storage. Two fire hydrants are located along Powerline Road, the road width is 30 feet of paved lane. 13. The following plat notes need to be included on any and all Final Plats: Prior to building permit application with Garfield County, all building plans must be submitted to the Rifle Fire Protection District for their review and approval." 'No non-domestic waste may be disposed of in the central sewer system." The Plat notes have been included on the Plat and referenced in the Covenants. 14. A revised access permit for proposed Phase I shall be obtained by the applicant prior to any Final Platting. All conditions of this access permit shall be complied with A revised access permit No. 399164 has been obtained which allows 100% access for 150 ADT to all eight lots. See Exhibit 5. 15. The acces permit will have to be revised for each phase prior to Final Platting of each phase and all conditions of the revised permit shall be complied with. All three phases are being filed concurrently . CDOT, as access manager, will annualy review the access for compliance with the terms and conditions of the access permit. 16. The access road will have to be improved at each phase to County Road standards as per Section 9:35 of the Subdivision Regulations. The acces road meets County Standards. f° rod F 17. Reverse Osmosis systems must be installed on each lot, to treat water to all lots, and any approved covenants must include the need for annual monitoring of the reverse osmo- sis systems by the Business Owners Association, to ensure that the systems are functioning properly to supply potable water to each and every building lot. RD monitoring guidelines have been included withint the Covenants under Section10.04 Potable Water Treatment Monitoring. See Exhibit 2 18. All stipulations of all of the West Divide Water Conservancy District contracts must be complied with. All conditions of the West Divide Contracts are referenced within the covenants and well sharing agreements as detailed within the Covenants. See Exhibit 2, Section X. /9. An acceptable method of disposing of any and all non-domestic waste must be presented by the applicant before any Final Platting. Several companies provide non-domestic waste removal services to this area, A letter from Saftey-kleen indicating their willingess to provide service has been included. Exhibit 6. 20. Final Fiats shall be submitted, indicating the legal description of the property, dimen- sion and area of the proposed lots, access to a public right-of-way, and any proposed ease- ments for setbacks, water supply, drainage, irrigation ditches, access, utilities, etc. A Final Plat has been submited. 2?. The applicant shall prepare and submit a Subdivision Improvements Agreement, and a form of security acceptable to the Board of County Commissioners addressing all on- site improvements, which shall be included within the final plat submittal. A Subdivision Improvement Agreement (SIA) has been prepared. 22. That the applicant shall submit the appropriate School Site Acquisition Fees for the creation of the new parcel, prior to or at the time of authorization of the final plat for each phase. j 'ii --/---- c- '1 School Site Acquisition fees have been provided for within the SIA. The total due is $1,600. 6 ,� crtd 22. That the final plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessors CAD system. A CD with the Final Plat has been provided with this submittal. 23. That all proposed lots shall comply with the Garfield County Zoning Resolution of 1978, as amended, and any building shall comply with the 1994 Uniform Building Code, as adopted. All lots within the subdivision comply with the Zoning Resolution. Future buildings will be required to meet the standards set forth in the Uniform Building Code, 1994 ed. 24. That the following provisions be included In the protective covenants governing the subdivision: One (1) dog will be allowed for each residential unit within the subdivision and the dog shall be required to be confined within the owners property boundaries, with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases. This provision will only apply to subsequent property owners, as the applicants will be allowed to have a maximum of three (3) dogs, confined to the owners property boundaries. No open hearth solid -fuel fireplaces will be allowed. One (1) new solid fuel burning stove as defined by C.R.S. 25-7-401, et seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries The provisions have been included as Plate Notes and are referenced in Section 15.06, Incorporation of Plat Notes, within the Covenants. If you have any further questions please call. Sincer' 1, John Barbee f BEFORE THE CITY COUNCIL OF THE CITY OF RIFLE, COLORADO CONCERNING THE APPLICATION FOR A WATERSHED DISTRICT PERMIT OF WESTERN SLOPE DEVELOPMENT COMPANY FINDINGS OF FACT, CONCLUSIONS OF LAW AND APPROVAL OF WATERSHED DISTRICT PERMIT NO. 1-2000 1. BACKGROUND 1. In June 2000, Western Slope Development Company ("WSDC") applied to the City of Rifle (the "City") for a watershed district permit for the construction of improvements on a subdivision of land known as Powerline Professional Park ("Powerline") located on Highway 6 & 24 in Garfield County. The legal description of Powerline is attached hereto as Exhibit A. Powerline is proposed to consist of eight (8) lots ranging in size of 2.8 to 5.7 acres to be developed in three (3) phases. Powerline's envisioned use is a mix of business office, storage and shop uses in both lease multi -tenant and individual owner spaces. Powerline's property is tributary to the Colorado River approximately two (2) miles above the City's Colorado River water intake structure. 2. The watershed permit application was submitted pursuant to City of Rifle Ordinance No. 22, Series of 1994 (Section 10.05.010 et seq. of the Rifle Municipal Code (the "RMC")), on behalf of WSDC by its agent John Barbee, whose address is P.O. Box 324, Silt, Colorado 81652. The watershed district permit application filed by WSDC requests approval of the construction of improvements on Powerline which is within the boundaries of the City's Watershed District. 3. For purposes of this permit (the "Permit"), the application shall consist of the Powerline Preliminary Plan dated May 20, 2000 filed by WSDC, as well as all representations, whether oral or written, made by WSDC and/or its agents as part of the application and public hearing process. These items shall be collectively referred to herein as the "Application." II. FINDINGS OF FACT 4. The proposed activity, consisting of the construction of subdivision public improvements, is within the defined boundaries of the City's Watershed District as defined in Section 10.05.020 of the RMC, specifically within five (5) miles of the City's Colorado River municipal intake structure. 1:120001Ducumems1R1 FLE-Powerline- W atersbed Pc rmit.wpd November 0, 2000 -1- EXHIBIT 7 5. The Application filed by WSDC is complete. 6. WSDC has paid all fees required to date under the Watershed District Ordinance and RMC §10.05.010, et sed. As required by the RMC, WSDC shall reimburse the City for all review costs incurred in connection with the processing of this Application. 7. The Rifle City Council (the "Council") held a Public Hearing on the Watershed District Permit Application at its August 2, 2000 meeting and discussed and approved the Application; however, the publication requirements for the public hearing were not met and therefore the Permit could not be issued. A duly noticed Public Hearing was held before the Council on November 15, 2000. At both hearings, the Application was discussed by Loyal E. Leavenworth, the City Attorney. 8. A letter dated July 27, 2000 from Paul Bussone, the City's Consulting Engineer (the "Bussone Letter"), a copy of which is attached hereto as Exhibit B and incorporated herein by this reference, was also presented. Pursuant to his review under Section 10.05.050(B) of the RMC, he has determined: (a) the proposed activity does not pose a foreseeable and significant risk of injury to the City's water works and pollution to the City's water supply if the representations of the developer in the application and the conditions set forth in the Bussone Letter, dated July 27, 2000, are met; (b) the activity constitutes a "Minor impact;" and (c) the City should issue the permit subject to certain conditions. 9. No testimony from the public was offered. 10. The Council finds that WSDC's Application, and subject to the conditions set forth in the Bussone Letter dated July 27, 2000, constitutes the Best Management Practices for the proposed activities. 11. The Council hereby finds and determines that the issuance of the Permit requires the inclusion of the conditions contained in the Bussone Letter, and that such conditions are necessary to prevent a risk of injury to the City's water works and pollution of the City's water supply, and that such condition is authorized pursuant to Sections 10.05.050(D) and (E) of the RMC. III. CONCLUSIONS OF LAW AND ISSUANCE OF PERMIT 12. The foregoing Findings of Facts are incorporated herein by reference. 13. The Council has jurisdiction over the proposed activity pursuant to Section 10.05.020 of the RMC and City Ordinance No. 22 (Series of 1994). 1:17,001Mocuments RIFLE-Powerline-Ware rshedPermii.wpcl November 9.2000 -2- 14. Based on the evidence presented at the Public Hearing and, in particular, the Bussone Letter, the Council hereby determines that this decision shall constitute a watershed district permit for the proposed construction of subdivision improvements as more fully outlined in WSDC's Application and as modified by the conditions of approval in the Bussone letter, which conditions of approval are hereby approved and adopted by the Council as conditions of approval of this Permit. 15. Prior to any action taken pursuant to this Permit by WSDC, including without limitation the commencement of any construction, WSDC shall post with the City a cash bond or other performance guarantee acceptable to City staff in the minimum amount of $5,000.00 to ensure compliance with the terms and conditions set forth herein and to allow the City to step in and take corrective actions should WSDC default on any such term or condition. Said bond shall remain in effect until the completion of the subdivision public improvements and acceptance thereof by Garfield County. The performance bond shall not be released without the written consent and approval of the City Manager that the required period has expired. 16. Upon violation of any term or condition of this Permit, and following ten (10) days notice of such breach or such shorter or longer notice period as may be specified in the notice, as determined by the City to be reasonable and necessary under the circumstances, and upon failure to cure by WSDC, the City may, to prevent injury to the City's waterworks, take and pursue any and all remedies available, including without limitation calling upon the cash bond provided for in paragraph 16 above and utilizing such funds to: 1. Cure any default under this Permit; 2. Perform any remedial work and pay all costs required as a result of any action taken by WSDC inconsistent with this Permit; and/or 3. Reimburse the City for any increased costs to treat water as a result of a breach of this Permit. As for any and all remedies taken by the City to enforce the terms and conditions of this Permit, WSDC shall be solely responsible for all the costs, including reasonable attorney fees and costs, of such remedial work and the correction of any default under this Permit. The amount of the bond shall not be a limit on. WSDC's liability for any breach. The City's remedies as provided for herein shall continue in the event the City revokes this Permit or in the event it terminates by its own terms. 17. The City reserves all remedies contained in Sections 10.05.060, 10.05.070, and 10.05.090 of the RMC as additional remedies for violations of the conditions of this Permit. 18. Pursuant to Section 10.05.050(F) of the RMC, unless an extension is requested prior to the expiration date, if the proposed activity for which this Permit is issued is not commenced within 12 months from the date hereof, as evidenced by the commencement of the construction of subdivision public improvements, this Permit shall expire and become void. t: '%2p00lDocumenis\RIFL£- Powertine- W atersbed Perom. wpd November 9, 2000 -3- 19. This Permit shall expire on November 16, 2003 unless an extension is approved by the Council prior to such date following a review and public hearing of WSDC compliance with this Permit. 20. A copy of this Permit shall be sent by certified mail, return receipt requested, to WSDC. 21. This Permit may be assigned or conveyed by WSDC or any agent of WSDC only with the prior written consent of the City, which consent shall not be unreasonably withheld and provided that WSDC is not then in default under any term or provision of this Permit and further provided that the transferee agrees in writing to be bound by all of the terms and conditions set forth within this Permit. 22. Any notice to the City as required by this Permit shall be provided to: City Manager, 202 Railroad Avenue, Rifle, CO, 81650; and Loyal E. Leavenworth, City Attorney, P.O. Drawer 2030, Glenwood Springs, CO, 81602. 23, Any notice to WSDC as required by this Permit shall be provided to: John Barbee, P.O. Box 324, Silt, CO, 81652 24. This Permit shall not be effective until agreed to and approved by WSDC and the City as evidenced by the signatures below. Dated this 16'1". day of Novmeber, 2000. ATTEST: Accepted and agreed- . `:s + day of November, 2000. CITY OF RIFLE, COLORA 1 O f aJdi mai.. • By 1:120001Docun fs\R9FLE-Powerlinc-WatershedPennit,wpd November 9. 2000 WESTERN SLO Y MENT COMPANY By _4_ Title: POWERLINE PROFESSIONAL PARK SUBDIVISION IMPROVEMENTS AGREEMENT THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement") is made and entered into this day of , 2000, by and between WESTERN SLOPE DEVELOPMENT CORP. a/k/a WESTERN SLOPE DEVELOPMENT LTD., a Mississippi corporation ("Developer"); the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ("Board" or "County"); and ROBERT O. KLEIN ("Owner"). RECITALS WHEREAS, Developer is the contract purchaser and developer, and Klein is the owner, of a parcel of real property situated in the County of Garfield, State of Colorado, known as the Powerline Professional Park Subdivision, as further described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter referred to as the "Subdivision"), which Subdivision is depicted on the Final Plat of Powerline Professional Park Subdivision ("Final Plat"), to be filed of record in the office of the Clerk and Recorder for Garfield County, Colorado; and WHEREAS, on October 10, 2000, the Board approved a Preliminary Plan for the Subdivision, subject to certain conditions, as set forth in Resolution No. 2000-82, recorded with the Garfield County Clerk and Recorder on October 11, 2000, in Book 1212 at Page 45 as Reception No. 570645; and WHEREAS, on December , 2000, the Board approved the Final Plat for the Subdivision, subject to certain terms and conditions, as set forth in Resolution No. 2000 - recorded with the Garfield County Clerk and Recorder on , 2000, in Book at Page as Reception No. ; and WHEREAS, the Board's approval of the Final Plat will enhance the value of the Subdivision and inure to the Developer's and Owner's benefit and that of their grantees and successors -in -interest, and the Developer and Owner acknowledge and consent to the jurisdiction of the County to impose the restrictions and conditions set forth in this Agreement, and agrees to perform each and every one of them. AGREEMENT NOW, THEREFORE, for good and valuable consideration, including the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the parties agree as follows: 1. FINAL PLAT APPROVAL. Having reviewed Developer's Final Plat in accordance with the procedures set forth in the Garfield County Subdivision Regulations, the Board hereby approves said Plat, subject to the terms and conditions set forth in the above- POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 2 of 9 referenced Board Resolutions, the Final Plat, and this Agreement, together with all security posted or to be posted for the completion of public improvements, all in accordance with the Garfield County Zoning Subdivision Regulations. The Developer shall submit to the County a reproducible copy of the Final Plat, conforming with the requirements of Regulation 5:24, for signature by the proper County authorities. 2. DEVELOPMENT. Developer shall cause to be constructed and installed, at is own expense, such improvements for the Subdivision as are required in accordance with the above -referenced Board Resolutions, the Final Plat, this Agreement, and the Garfield County Subdivision Regulations. All such improvements shall be completed on or before the 30th day of June, 2001. Developer's compliance herewith shall include: a. All terms and conditions set forth on the Final Plat, which are incorporated herein by this reference; b. All requirements set forth in the Garfield County Subdivision Regulations pertaining to this Subdivision; c. All laws, regulations, orders and resolutions of the State of Colorado, the County of Garfield, and any and all special districts within which the Subdivision may be located; d. All designs, specifications, drawings, maps, sketches, and other materials submitted by the Developer and its engineers in furtherance of the application for subdivision approval, as heretofore approved by the County, including but not limited to: (i) sewer collection lines, mains and interceptors for the Subdivision and connection of said facilities pursuant to that certain Wastewater Service Agreement dated September 5, 2000, between Developer, Waste Water Treatment Services, LLC, and Cottonwood Springs, LLC, as recorded with the Garfield County Clerk and Recorder on September 18, 2000, in Book 1207 at Page 944 as Reception No. 569519; (ii) water supply and distribution system for potable water and fire protection purposes for the Subdivision pursuant to Well Permits #052691 -F,#053268 -F, #053267-F issued by the Colorado Division of Water Resources; West Divide Water Conservancy District Water Allotment Contract No. 9908092RK(a); and the terms and conditions of well sharing agreements set forth in the Declaration of Covenants, Conditions and Restrictions for the Subdivision approved by the WESTERNSLOPE-SIA-1 POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 3 of 9 County and recorded concurrently herewith in the records of the Garfield County Clerk and Recorder in Book at Page as Reception No. (iii) roads, pedestrian ways, drainage features and utility structures, in accordance with the aforementioned designs, drawings, maps, specifications, etc., and the Final Plat; e. payment of all fees required by the County and/or such other government authority or special district with jurisdiction, as may be required for installation of the public improvements. 3. RECORDED COVENANTS, CONDITIONS AND RESTRICTIONS. Prior to or concurrently with recordation of the Final Plat in the records of the Clerk and Recorder for Garfield County, Colorado, the Developer shall record a Declaration of Covenants, Conditions and Restrictions, as approved by the County, which Declaration shall run with the land comprising the Subdivision as described on Exhibit A and the Final Plat. The Declaration of Covenants, Conditions and Restrictions shall, without limitation, contain provisions approved by the County for enforcement and administration of County requirements, installation of public improvements, development design review, as well as maintenance and repair of all public access roads and utility easements. 4. ACCESS ROAD AND UTILITY EASEMENTS. a. Dedicated Access Road; Utility Easements. The access road to the Subdivision, as described on the Final Plat and dedicated to the public thereon, shall be accepted by the County upon Developer's completion of the public improvements pursuant to this Agreement and the standards and requirements of Section 9:35 of the of the Garfield County Subdivision Regulations. The County's acceptance of such dedication shall be deemed to occur no later than the County's release of Developer's security for its performance hereunder, as described below. The County consents to the Developer's reservation of a utility easement within the area of the dedicated road access, as shown on the Final Plat. Upon Developer's completion of the improvements constituting the access road, the Powerline Professional Park Property Owners' Association, as established in the recorded Declaration of Covenants, Conditions and Restrictions for the Subdivision, shall be responsible for the maintenance, repair and improvement of such access road. b. Emergency Access for County. In addition to the dedicated access road, all easements for access, utilities and emergency purposes shall be accessible to the County and the Rifle Fire Protection District at all times. In the event any structure is constructed which WESTERNStOPE-SIA-1 POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 4 of 9 obstructs access to any lot, the County and District retain the right to remove such obstruction(s) at the sole cost of the Developer. The County and/or District shall not be responsible for any costs associated with the replacement of said obstructions. 5. CDOT ACCESS PERMIT. The Developer shall submit, prior to recordation of the Final Plat, approved access permit #399164 from the Colorado Department of Transportation authorizing ingress to and egress from the Subdivision onto Highway 6 at a location as depicted on the Final Plat. 6. WASTE WATER SYSTEM. Developer is responsible for assuring installation of all sewer collection lines, mains and interceptors for the Subdivision, and connection of said facilities, pursuant to that certain Wastewater Service Agreement dated September 5, 2000, between Developer, Waste Water Treatment Services, LLC, and Cottonwood Springs, LLC, as recorded with the Garfield County Clerk and Recorder on September 18, 2000, in Book 1207 at Page 944 as Reception No. 569519. All easements and rights of way necessary for installation, operation, service and maintenance of the waste water collection system shall be granted pursuant to said Wastewate Service Agreement and as shown on the Final Plat. 7. WATER SUPPLY. Developer is responsible for assuring installation of a water supply and distribution system for potable and fire protection water for the Subdivision pursuant to terms and conditions set forth in Well Permits #052691 -F,#053268 -F, #053267-F issued by the Colorado Division of Water Resources; West Divide Water Conservancy District Water Allotment Contract No. 9908092RK(a); and the terms and conditions of well sharing agreements as set forth in the Declaration of Covenants, Conditions and Restrictions for the Subdivision approved by the County and recorded concurrently herewith in the records of the Garfield County Clerk and Recorder in Book at Page as Reception No. All easements and rights of way necessary for installation, operation, service and maintenance of such water supply and distribution system shall be established pursuant to the said Declaration of Covenants, etc. and as shown on the Final Plat. 8. SCHOOL IMPACT FEES. Pursuant to Section 9:80 of the Garfield County Subdivision Regulations, prior to recordation of the Final Plat, Developer shall pay to the County school impact fees in the amount of $1,600.00, representing fees in the amount of $200 per lot for eight platted lots. Subsequent to recordation of the Final Plat, Developer shall not claim, nor is Developer entitled to, a reimbursement of the school impact fees paid pursuant hereto. 9. COST OF PUBLIC IMPROVEMENTS. All public improvements and upgrades in and to the Subdivision shall be constructed and paid for by the Developer in accordance with all relevant provisions of the Garfield County Subdivision Regulations, the above -referenced WESTERNSLOPE-SIA-1 POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 5 of 9 Board Resolution, this Agreement and the Final Plat Attached as Exhibit B hereto and incorporated herein by this reference is a revised engineer's estimate submitted by the Developer and identifying the public improvements to be made and the estimated cost of completion thereof. Upon Developer's completion of all public improvements, or in stages thereof as Developer elects, Developer's engineer shall certify the extent to which construction has been completed. No certificate of occupancy shall issue for any improvement in the Subdivision until such time as any and all public improvements have been installed and all charges for services actnsilly installed by the County, if any, have been paid in full. 10. DEVELOPER'S SECURITY FOR PERFORMANCE: COMPLETION OF IMPROVEMENTS (a) Letter of Credit. Attached hereto as Exhibit C is a copy of Developer's Letter of Credit in the amount of $65,000.00 issued by First Mortgage Investors Inc., as tendered to and approved and accepted by, the County as security for Developer's performance of its obligations hereunder for completion of all public improvements for the Subdivision. If the time period set forth above in paragraph 2 for completion of public improvements shall be extended upon request of the Developer and written approval of the County, Developer shall submit evidence that the expiration of the Letter of Credit shall not predate such completion. (b) Completion of Public Improvements; Release of Security. Developer shall be responsible for retaining a licensed professional engineer to conduct inspections of all approved improvements during construction, at intervals necessary to document completion of all improvements in accordance with plans approved by the County. Mylar as-builts shall be submitted to the County by the Developer for all completed utilities and public improvements. Upon Developer's completion of part or all of the public improvements required hereunder, Developer shall submit to the County a certification of completion by a licensed engineer certifying that such public improvements as are identified in the certification have been constructed in accordance with the requirements of the Final Plat, the Garfield County Subdivision Regulations, this Agreement, and all plans and specifications approved by the County in connection herewith. The County shall thereupon inspect such improvements certified as complete to determine compliance herewith. If the County determines that all or part of such improvements certified as complete are not in compliance with the required specifications, the County shall issue a written notice to the Developer and Owner, no later than fifteen (15) calendar days subsequent to such inspection, specifying the alleged deficiencies and providing the Developer with such time as the Developer may reasonably request to cure such deficiencies. The County shall not be required to act upon any pending or new development or building permit application, or issue any certificate of occupancy, until identified deficiencies have been cured. If no notice of deficiency is timely issued by the County, then the improvements certified as complete shall be deemed approved by the County, WESTERNSLOPE-SIA-1 POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 6 of 9 and the Letter of Credit (or such security as may have been substituted therefore), shall be released forthwith upon written request of the Developer. (c) Partial Release of Security. If the improvements certified as complete and approved by the County constitute less than all of the public improvements required hereunder, the County shall release only so much of the security as corresponds with a dollar amount identified in the engineer's certificate of completion as the cost of such improvements. Developer may also request a partial release of security upon proof that: (i) Developer has a valid contract with a public utility company regulated by the Colorado Public Utilities Commission, that obligates such utility company to install certain utility lines; and (ii) that Developer has paid to such utility company the cost of installation of such utilities required to be paid by Developer under such contract. (d) If for any reason Developer's Letter of Credit shall be dishonored upon the County's demand made thereunder, or becomes void and unenforceable, or should Developer become insolvent or otherwise fail to complete the public improvements as required herein, such shall constitute a default by Developer under this Agreement, and the County shall be entitled to the remedies set forth in paragraph 14 below. (e) Upon completion of the public improvements required to be installed by the Developer under this Agreement and payment of all costs thereof, together with the payment of any fees due the County, if any, the County shall execute and deliver to Developer an acknowledgment of satisfaction of the terms and obligations of this Agreement in a recordable form. Upon recordation of such acknowledgment, this Agreement shall be deemed fully performed, the obligations hereunder satisfied, and the property released from the encumbrance hereby represented. 11. SUBDIVISION OR CHANGE OF BOUNDARIES OF LOTS. All further subdivision or re -subdivision or any material change in the boundaries of lots within the Subdivision shall be subject to the Garfield County Zoning Code and Subdivision Regulations. 12. LIABILITY. Developer shall indemnify and hold harmless the County, its officers, agents, employees, contractors and third -party insurers, from any and all suits, actions, and claims of every nature and description caused by, arising from or on account of, any act or omission of the Developer, or of any other person or entity for whom the Developer is legally responsible as determined by a court of competent jurisdiction, for construction of the public improvements required under this Agreement; and Developer shall pay any action or claim together with all reasonable expenses and attorney's fees incurred by the City in defending such suit, action or claim. The Developer shall require that all contractors and other employees engaged in construction of improvements shall maintain adequate worker's WESTERNSLOPE-SIA-1 POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 7 of 9 compensation insurance and public liability coverage and shall fully comply with the provisions of the Federal Occupational Safety and Health Act. 13. DRAINAGE LIABILITY. The Developer hereby indemnifies and holds the County harmless from any and all liability on account of change in the nature, direction, quantity, or quality of historical drainage flow resulting from the creation of the lots within the Subdivision; and promises to reimburse the County for any and all costs including, but not limited to, reasonable attorney's fees, which the County may incur, if any, in acquiring or condemning rights-of-way or easements for drainage, as a result of the development of the Subdivision. 14. DEFAULT; CONSENT TO VACATE FINAL PLAT. In addition to such other remedies as may be available under this Agreement, if Developer fails, refuses or neglects to perform under the terms of this Agreement, including the failure to timely cure any alleged deficiency in the construction of public improvements, the County shall furnish the Developer (and all other record title owner(s) of lots within the Subdivision) written notice of default hereunder. If such default has not been cured or otherwise remedied to the satisfaction of the County no less than sixty days thereafter (or such greater or lesser time as the parties may hereafter agree in writing), the County may draw on the security posted by the Developer pursuant hereto and in accordance with the terms of such security instrument, and may withhold approval of any and all pending or new development applications, building permits, certificates of occupancy (except with respect to any structure for which a building permit has been issued), until the failure of performance has been corrected by the Developer. If the County draws on the security, the County may use the proceeds thereof for all costs and expenses incurred in connection with completion of all public improvements for the Subdivision, including but not limited to engineering expenses, consultants' fees and charges, and reasonable attorneys' fees and costs. Nothing herein shall be construed as restricting either party from pursuing such remedies as it may have at law or in equity to enforce the provisions hereof. If either party to this Agreement brings legal action against the other, the substantially prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. The waiver of any one or more defaults under this Agreement shall not constitute a waiver of performance hereunder in any other respect. As an additional remedy for default hereunder, and only after notice of default and expiration of the Developer's right to cure, the County shall be entitled to vacate approval of the Final Plat and record an instrument to such effect in the records of the Clerk and Recorder for Garfield County. 15. RECORDING OF AGREEMENT. This Agreement shall be recorded and shall be a covenant running with the property described in Exhibit A, and shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions hereof. WESTERNSLOPE-SIA-i POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 8 of 9 16. BINDING EFFECT. The provisions of this Agreement shall bind and inure to the benefit of the parties, their assigns, agents, employees and successors -in -interest of all kinds, including Developer's grantees. For purposes of establishing responsibility for performance hereunder, each and every reference in this Agreement to the "Developer" shall be construed as referring to the Developer's successor(s)-in-interest, as applicable at the time enforcement of this Agreement may be sought. 17. NOTICES. All notices required or permitted by this Agreement shall be in writing and shall be deemed effective when received by the recipient party via personal delivery, facsimile transmission, United States mail, postage prepaid, return receipt requested, by messenger or by overnight delivery service, in all cases addressed to the person for whom it is intended at their address and facsimile number(s) set forth below or to such other address as a party shall have designated by notice in writing to the other party in the manner provided by this Addendum paragraph: If to Developer: Or Owner If to the County: Western Siope Development Corp. Attn: Robert O. Klein P.O. Box 1198 Rifle, CO 81650 Board of County Commissioners c/o Mark Bean, Garfield County Planning Director 109 Eighth Street, Room 303 Glenwood Springs, CO 81601 18. AMENDMENT. This Agreement may be amended or modified from time to time, but only in writing signed by the parties hereto. 19. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of, or related to, this Agreement shall lie with the District Court for Garfield County, Colorado. 20. PARAGRAPH TITLES. Paragraph titles in this Agreement are for convenience only and are not to be used to construe or interpret this Agreement. 21. COUNTERPARTS. This Agreement may be signed in counterparts, in which case all counterpart signatures together shall constitute full execution hereof. WESTERNSLOPE-SIA-1 POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page9of9 IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date first set forth above. DEVELOPER: WESTERN SLOPE DEVELOPMENT CORP. alkfa WESTERN SLOPE DEVELOPMENT LTD. (a Mississippi corporation) By: Robert O. Klein, President PROPERTY OWNER: Robert O. Klein BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF GARFIELD, STATE OF COLORADO By: Chairman ATTEST: Mildren Alsdorf, Clerk and Recorder Garfield County, Colorado WESTERNSLOPE-SIA-1 Lott. A paecel of land situated in the N 1/2 SW 1/4 of Section 11, Township 6 south, Range 93 west of the 6th principal meridian, County of Garfield, State of Colorado, sid parcel being more particularly described as follows: commencing at the center quarter corner of section 11; thence S 00 - 28' - 10" W along the north south centerline of said section 11 a distance of 631.44 feet to a rebar & cap (L.S. No. 13501 witness corner S 00 - 28' - 10" W 10 feet); thence leaving north south centerline N 89 - 33' - 18" W a distance of210.11 feet to a rebar & cap LS No. 10871 in place; thence S 63 - 41' - 15" W a distance of 419.85 flet to rebar & cap LS No. 13501 in place; thence N 89 - 49' - 12" W a distance of 298.17 feet to a rebar & cap LS No. 13501 (witness corner bears 18.00 feet); thence N 89 - 09' 37" E a distance of 672.09 feer to a point; thence N 00 - 50' - 23" W a distance of 78.34 feet to a point of beginning. Said parcel contains 3.206 acres more or less and is designated Lot 1 on a plat by High Country Engineering Inc. A Colorado Ute Electric easement crosses, Book 489 Page 101. Lot 2. A paecel of land situated in the N 1/2 SW 1/4 of Section 11, Township 6 south, Range 93 west of the 6th principal meridian, County of Garfield, State of Colorado, sid parcel being more particularly described as follows: comrnencing at thewest quarter corner of said Section 11; thence S 89 - 43 - 19 E along the east - west centerline of said Section 11 a distance of 1575.35 feet to a rebar & cap LS No. 13501 in place; thence S 00 - 16' - 41" W a distance of 3.78 feet to a rebar & cap LS No. 13501 in place; thence S 51 - 03' - 5T' W a distance of 8.14 feet to a rebar & cap LS No. 13501 in place; thence S 43 - 06' - 59" W a distance of 3.78 feet to a rebar & cap LS No. 13501 in place; Lot 3. A paecel of land situated in the N 1/2 SW 1/4 of Section 11, Township 6 south, Range 93 west of the 6th principal meridian, County of Garfield, State of Colorado, sid parcel being more particularly described as follows:. commencing at the west quarter corner ofsaid Section 11; thence S 89 - 43 -19 E along the east -west centerline of said Section 11 a distance of 1575.35 feet to a rebar & cap LS No. 13501 in place; thence S 00 - 16' - 41" W a distance of 3.78 feet to a rebar & cap LS No. 13501 in place; thence S 51 - 03' - 57" W a distance of 8.14 feet to a rebar & cap LS No. 13501 in place; thence S 43 - 06' - 59" W a distance of 3.78 feet to a rebar & cap LS No. 13501 in place; thence S 01- 011 - 28" E a distance of 477.72 feet to a rebar & cap LS No.13501 in place; thence 5 81 - 18' - 45" W a distance of 199.73 feet to a rebar & cap LS No. 13501 in place; thence S 00 - 17' - 19" W a distance of 137.58 feet to point ofbeginning; thence continuing along S 00 - 17' - 19" W a distance of200.04 feet to a point; thence N 89 - 09' - 37" E a distance of 616.16 feet to a point; thence N 00 - 50' - 23" W a distance of 200.00 feet to a point; thence 5 89 - 09' - 37" E a distance of 12.22 feet to point of beginning. Said parcel contains 2.819 acres more or less and is designated as Lot 3 on a plat by High Country Engineering Inc. A Colorado Ute Electric easement crosses the east end, Book 489 Page 101. EXHIBIT A Page 1 rr Lot 4. A paecel of land situated in the N 1/2 SW 1/4 of Section 11, Township 6 south, Range 93 west of the 6th principal meridian, County of Garfield, State of Colorado, sid parcel being more particnrlarly described as follows: commencing at the west quarter corner of said Section 11; thence S 89 - 43 - 19 E along the east- west centerline of said Section 11 a distance of 1575.35 feet to a rebar & cap LS No. 13501 in place; thence S 00 - 16' - 41" W a distance of 3.78 feet to a rebar & cap LS No. 13 501 in place; thence S 51 - 03' - 57" W a distance of 8.14 feet to a rebar & cap LS No. 13501 in place; thence 5 43 - 06' - 59" W a distance of 3.78 feet to a rebar & cap LS No. 13501 in place; thence 5 01 - 01' - 28" E a distance of 214.71 feet to a rebar & cap LS No. 13501 in plae; thence S 81 - 18' - 45" W a distance of 199.73 feet to a rebar & cap LS No_ 13501 in place; thence 5 00 - 17' - 19" W a distance of feet to a point; Lot 5. A paecel of land situated in the N 1/2 SW 1/4 of Section 11, Township 6 south, Range 93 west of the 6th principal meridian, County of Garfield, State of Colorado, sid parcel being more particularly described as follows: commencing at the west quarter corner of said Section 11; thence S 89 - 43 - 19 E along the east - west centerline of said Section 11 a distance of 1575.35 feet to a rebar & cap LS No. 13501 in place and point of begininning; thence S 00 - 16' - 41" W a distance of 3.78 feet to a rebar & cap LS No. 13501 in place; thence 5 51 - 03' - 57" W a distance of8.14 feet to a rebar & cap LS No. 13501 in place; thence S 43 - 06' - 59" W a distance of3.78 feet to a rebar & cap LS No. 13501 in place; Lot 6. A paecel of land situated in the N 1/2 SW 1/4 of Section 11, Township 6 south, Range 93 west of the 6th principal meridian, County of Garfield, State of Colorado, sid parcel being more particularly described as follows: commencing at the west quarter corner of said Section 11; thence 5 89 - 43 - 19 E along the east - west centerline of said Section 11 a distance of 1575.35 feet to a rebar & cap LS No. 13501 in place and point of begininning; thence S 00 - 16' - 41" W a distance of 3.78 feet to a rebar & cap LS No. 13501 in place; thence S 51 - 03' - 57" W a distance of 8.14 feet to a rebar & cap LS No. 13501 in place; thence S 43 - 06' - 59" W a distance of 3.78 feet to a rebar & cap LS No. 13501 in place; II/80 39ad EXHIBIT A Page 2 n3Q99d99999999'I 0000000000 8E : it @eleve /it . Lot7. A paecel of land situated in the N 1/2 SW 1/4 of Section 11, Township 6 south, Range 93 west of the 6th principal meridian, County of Garfield, State of Colorado, sid parcel being more particularly described as follows: commencing at the west quarter corner of said Section 11; thence S 89 - 43 - 19 E along the east - west centerline of said Section 11 a distance of 1575.35 feet to a rebar & cap LS No. 13501 in place and point of begin► rating; thence S 00 - 16' - 41" W a distance of 3.78 feet to a rebar & cap LS No. 13501 in place; thence 5 51 - 03' - 5T' W a distance of 8.14 feet to a rebar & cap LS No. 13501 in place; thence 5 43 - 06' - 59" W a distance of3.78 feet to a rebar & cap LS No. 13501 in place; Lot8. A paecel of land situated in the N 1/2 SW 1/4 of Section 11, Township 6 south, Range 93 west of the 6th principal meridian, County of Garfield, State of Colorado, sid parcel being more particularly described as follows: commencing at the west quarter corner of said Section 11; thence 5 89 - 43 - 19 E along. the east - west centerline of said Section 11 a distance of 1575.35 feet to a rebar & cap LS No. 13501 in place and point of begs; thence S 00 - 16' - 41" W a distance of 3.78 feet to a rebar & cap LS No. 13501 in place; thence 5 51 -03' - 57" W a distance of 8.14 feet to a rebar & cap LS No. 13501 in place; thence S 43 - 06' - 59" W a distance of 3.78 feet to a rebar & cap LS No. 13501 in place; EXHIBIT A Page 3 TT/C11 gP11.4 fadL OMOOr nn OC 'TT 01107 /07 ETT 60' ACCESS AND UTILITY EASEMENT DESCRIPTION A 60' WIDE STRIP OF LAND SITUATED IN THE SW1/4 OF SECTION 11, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND LYING 30.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 11; THENCE S 51°16'14" E 1824.72 FEET TO A POINT ON THE NORTHERLY RIGHT—OF—WAY OF HIGHWAY 6 & 24, SAID POINT ALSO BEING ON THE CENTERLINE OF SAID EASEMENT, THE POINT OF BEGINNING: THENCE LEAVING SAID NORTHERLY RIGHT—OF—WAY N 00°50'23" W ALONG SAID CENTERLINE 562.86 FEET TO THE CENTER OF A 75' RADIUS CUL—D—SAC, THE TERMINUS. 19598 -. .,jim LAV if l!1! elf l 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness Drive East, Ste 1-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-05417 WESTERN SLOPE DEVELOPMENT CORP. P8 BOX 1198, RIFLE CS 81651 Skc@sncimagd.cs• Direct 910.816.5242 Fax: 910.816.5825 Cell: 910.319.6666 STATEMENT OF COST POWERLINE PROFESSIONAL PARK INFASTRUCTURE FOR PHASE 1,2 &3 12!06100 All site work and materials provided by Western Slope Development except gas, telephone and electric line. Road System: Total Cost Completed To be Completed Earthwork: $5,000 $23,000 $5,000 Road base: $4,000 $4,000 Asphalt: $14,000 $14,000 Sewer System: $6,000 $6,000 Line/Pumps $6,000 Water System: $19,000 Wells $15,000 Fire System: $5,000 Hydrants/Lines $5,000 Electric/Gas/Phone $17,000 $5,000 $10,000 $5,000 $17000 TOTAL COST Ellowsp.,_ $65,000 $25,000 $41,000 4► rMapaf. a BY: EXHIBIT B FIRST MORTGAGE INVESTORS, LTD. 2721 PIEDMONT ST, KENNER LA 70062 TEL 504 441 December 6, 2000 WESTERN SLOPE DEVELOPMENT P. 0, Box 1198 Rifle, Co., 81650 Attention Mr. William Mc Partland Treasurer Re: Loan Commitment April 28, 2000 Subject:Poweriine Professional Park Subdivision Rifle, Co. Letter of Credit No. 122708 Dear Mr. Mc Partland We hereby issue this letter of credit in the amount of SIXTY FIVE THOUSAND DOLLARS TO WESTERN SLOPE DEVELOPMENT INC. For use in the placement of infrastructure for the above subject project. The Letter of Credit will be funded, as completion of work, listed on exhibit B, is completed per plans and specifications for the project, and certified by a Engineer registered in the state of Colorado. 41 FAX 504 467 0077 GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS 109 8TH ST. Glenwood Springs, Co. 81601 Yours Very Truly First M 'rtgage Investors Ltd. ames A Namias, President Accepted tern lope Dev lopmen rte- ! ' By: William Mc Part l reasur. Date WESTERN SLOPE DEVELOPMENT CORP. !10011101, TIRE CI 11151 Skc©sHlraele.Cew Ikea 571175.5242 1x:115176.5525 Ce11 911.371.6616 RESTRICTION DISCLOSURE POWERLINE PROFESSIONAL PARK Prior to the issuance of a building permit from Garfield County for any lot within the Powerline Professional Park subdivision, the following conditions of approval must be completed by the Developer: I. Fire System: All improvements as indicated on the Final Plat. 2. Water System: All improvements as indicated on the Final Plat. 3. Road System: All improvements as indicated on the Final Plat. BY: WESTE SLOPE DEVELOPMENT Sep WASTEWATER SERVICE AGREEMENT 44, THIS AGREEMENT (this "Agreement") is executed to be effective as of this 5th day of September, 2000, by and between Waste Water Treatment Services, LLC, a Colorado Limited Liability Company ("WWTS"), Western Slope Development Company, a Colorado corporation ("Developer") and Cottonwood Springs LLC, a Colorado Limited Liability Company ("CWS'!), (collectively the "Parties"). WITNESSETH: WHEREAS, CWS owns certain real property presently used as a residential community located in the County of Garfield, State of Colorado (the"CWS Property"); WHEREAS, WWTS owns and operates a wastewater treatment plant and related facilities, appurtenances and collection systems (the "Wastewater Treatment Facilities") on and about the CWS Property for the benefit of CWS and its residents and through its predecessor has in the past agreed to provide wastewater treatment services to Rifle Service Park PUD under a now expired agreement; WHEREAS, Developer is the owner of certain real property located in the County of Garfield, State of Colorado, as is more particularly described in Exhibit "A" annexed hereto and incorporated herein by this reference (the "PPP Property"), which PPP Property lies east of and adjacent to the CWS Property; WHEREAS, Developer is in the process of subdividing and platting the PPP Property, and in connection therewith, the Developer must obtain wastewater collection and treatment services ("Wastewater Service") for the PPP Property; WHEREAS, Developer has requested, and WWTS has agreed to provide such Wastewater Service to the PPP Property, and the Parties desire to set forth their agreement regarding the terms, covenants and conditions under which such Wastewater Service will be provided. NOW, THEREFORE, in consideration of the mutual covenants, agreements, representations and warranties contained in this Agreement, the Parties agree as follows: 1. Infrastructure Improvements and Cost Allocation. a. Wastewater Treatment Facilities Improvement Project. Portions of the Wastewater Treatment Facilities may be improved, replaced, upgraded and expanded to provide Wastewater Service to the PPP Property (the "Wastewater Treatment Facilities Improvement Project"). Contingent upon receipt of the tap fees identified below, the cost of the Wastewater Treatment Facilities Improvement Project shall be borne by WWTS, and shall be designed, engineered and constructed by WWTS. b. Developer Collection System. A sewage collection system (the "Developer Collection System") must be designed and constructed on and about the PPP 6.1C W SViYssie WiterVSewer Service Agreement v3. I wpd AFTER RECORDING, RETURN TO: Schenk, Kerst & d&Winter, LLP 302 Eighth Street, Suite 310 Glenwood Springs, CO 81601 Property, including, but not limited to, collection lines and other facilities and appurtenances to provide Wastewater Service to the PPP Property. The Developer Collection System shall be designed, engineered and constructed at Developer's sole cost and expense, subject to the provisions of Section 2.b. All primary connection lines shall be a minimum of eight inches in diameter. c. Connecting Main. A connecting main ("Connecting Main") must be designed and constructed originating in the southeast corner of the CWS Property at an existing sewer main on the CWS Property and extending generally east to the PPP Property to connect the Developer Collection System to the Wastewater Treatment Facilities. The plans and specifications for the design of the Connecting. Main shall be subject to the review and reasonable requirements of WWTS's engineers. The Connecting Main shall consist of a new manhole (Manhole A) constructed at the place of connection to the existing sewer main on the CWS property, a sewer line of sufficient diameter extending to the east and terminating inside the PPP Property at a second new manhole (Manhole B) intersecting the nearest accessible access point in the Developer Collection System. In Manhole B the following devices shall be properly installed: (a) bar screen, (b) grease trap, (c) a constant flow meter adequate for measuring the flow of wastewater from the PPP Property into the Connecting Main and (d) shutoff device adequate to prevent effluent from the PPP Property from entering the Wastewater Treatment Facilities. The Connecting Main shall be owned and operated by WWTS and Developer hereby grants to WWTS an easement along the portion of the Connecting Main in the PPP Property for the purposes of operating and maintaining the Connecting Main. Notwithstanding the fact that a portion ofthe Connecting Main will be located within the CWS Property and will be owned and operated by WWTS, the Connecting Main shall be designed, engineered and installed and thereafter maintained, repaired and replaced at the cost and expense of Developer, acting as agent for WWTS and subject to the direction and approval of WWTS in the exercise of its reasonable discretion. Developer shall indemnify and hold harmless CWS and WWTS from all loss, cost, damage and expense, including, without limitation, attorneys fees, arising out ofthe design, engineering, installation, maintenance, repair or replacement of the Connecting Main by Developer. Developer shall have no easements or other property rights with respect to the CWS property. 2. Easements. a. Developer Collection System Easement. Upon commencement of construction of the Developer Collection System, WWTS shall have a nonexclusive easement (the "Developer Collection System Easement") which shall (i) only be subject to such title matters and burdens that would not materially impair, limit or interfere with WWTS's exercise of any of its rights thereunder; (ii) allow WWTS and its contractors, consultants, licensees, employees and agents, upon reasonable notice, to enter upon the portion of the PPP Property containing the Developer Collection System and, if reasonably necessary to access the Developer Collection System, to enter upon adjacent portions ofthe PPP Property (such as connecting facilities and fixtures); and G:IC W S %Vi to WarerlSewer Service Agreement v3.1 vmel Page 2 of 13 (iii) be used to monitor and inspect the Developer Collection System and all connections thereto, and if the Rules and Regulations have been violatdd or Developer has been negligent or untimely in performing its obligations hereunder, may be used by WWTS to maintain, operate, repair, replace and clean the Developer Collection System. b. Rights of Others to Connect. At the sole election and discretion of WWTS, other persons owning other real property (collectively and individually "Third Party") may be allowed to connect into the Developer Collection System, Connecting Main and the Wastewater Treatment Facilities. Any such connection and use shall be at the sole cost and expense of the Third Party. At the time of any such connection, and as a condition precedent to commencement of service to a Third Party, the Third Party shall pay to Developer a connection fee ("Third Party Line Connection Fee") reimbursing a portion of the costs incurred by Developer in installing the Connecting Main and Developer Collection System which portion will be necessary for service to the Third Party. The Third Party Line Connection Fee shall be based on the present value of the capital cost of constructing such lines (as such cost is reasonably determined by engineers employed by WWTS), less applicable depreciation, and shall be based on the proportion to which the EQRs provided to the Third Party bears to the total EQRs (including Developer's EQRs) utilizing the applicable portion of Developer Collection System and Connecting Main. The Third Party shall also agree to pay to Developer a proportional share of Developer's costs of operating, maintaining, repairing and replacing such portion ("Third Party's Line Maintenance Costs"). Third Party shall also agree to be responsible for any loss, cost, damage or expense caused by the Third Party and for any breach of, or default under, this Agreement caused by the Third Party. In any such agreement with Third Party, WWTS shall include a provision that permits WWTS to shut off wastewater service to a Third Party if such Third Party at any time fails, after appropriate notice and right to cure, to pay such Third Party's Line Maintenance Costs required to be paid to Developer. WWTS shall use its best efforts and any rights available to it to compel such payment, however, WWTS shall not be a guarantor of the collection of the same. 3. Limitations on the use of Wastewater Treatment Facilities. Without limiting the right of WWTS to impose Rules and Regulations as described below, Developer agrees that the Wastewater Treatment Facilities shall be utilized by Developer only for human waste and such related wastes which are not inconsistent with typical single family residential use. Further, Developer agrees not to introduce or permit the introduction into the Wastewater Treatment Facilities of: a. Toxic or poisonous materials or substances in sufficient quantities to injure or interfere with the sewage treatment process or otherwise constituting a hazard to humans or animals or to the biological systems operating in the Wastewater Treatment Facilities, G LC W SIWaste Wte€VSewcr Service Agreernenl vJ 1 wird Page 3 of 13 b. Contaminants identified as a "National Primary Drinking Water Contaminant" present in an amount exceeding the standard established from time to time by government authorities having jurisdiction, c. Liquid or vapor having a temperature higher than 105 degrees, Fahrenheit, d. Any waste having a five-day biological oxygen demand (BOD) in excess of 500 mg/I by weight averaged during any 12 hour period or total suspended solids (TSS) in excess of more than 400 mg/1 by weight averaged during any 12 hour period, e. Any gasoline, benzene, fuel oil, flammable or explosive liquid, petroleum product, solvent or gas, f Any substance produced as a byproduct of a water treatment system which negatively affects any waste water treatment process used by WWTS, such as Sulfuric acid treatment of reverse osmosis treated water, g. Any substance which would materially alter the existing p1-1 factor (i.e., 7.6) now present in the Wastewater Treatment Facilities, h. Any solid or viscous substance capable of obstruction of sewer lines or other interference with proper operation of the Wastewater Treatment Facility, i. Dissolved solids (salts) beyond usual levels affecting WWTS's ability to meet any salinity effluent limitation parameter imposed on the Wastewater Treatment Facilities, or Infiltration of the wastewater system by ground or seepage water. Developer further agrees that all floor drains and other types of surface wastewater disposal devices, including grease and other collection systems on the PPP Property, will not be connected to the Developer Connection System, but instead will be collected in separate containment systems. Developer further agrees that grease, oil and sand traps or other appurtenances will be used for any improvement on the PPP Property when WWTS reasonably determines the same are necessary for proper handling of any liquid waste containing grease in excessive amounts or a flammable waste, sand or other harmful ingredients. Such devices shall be of a type and capacity approved by WWTS and shall be so located as to be readily accessible for cleaning and inspection. Developer further agrees to require individual water meters for each lot on the PPP Property with water usage and total flow readings made available to WWTS as reasonably requested. Developer agrees to indemnify, defend and hold WWTS harmless from and against any and all liability, loss, cost, damage and expense, including attorneys' fees and costs of litigation, WWTS shall ever suffer or incur because of the introduction of any toxic substance into the Wastewater Treatment Facilities from the PPP Property. G:'C W SWWssie Watet\Sewer Service Agreement v3 1.wpd Page 4 of 13 4. Rules and Regulations. WWTS has advised Developer, and Developer acknowledges and agrees, that WWTS is not, and does not hold itself out as, a public or private utility or as a governmental or quasi -governmental entity. WWTS shall have, in perpetuity, the right to establish and amend, from time to time, the rules and regulations under which Wastewater Service will be provided to the CWS Property, the Rifle Service Park PUD, the PPP Property and other Third Party users of the Wastewater Service which rules and regulations shall be uniformly applicable also to all users. WWTS's discretionary power and right to establish and amend such Rules and Regulations is subject to the limitation that the Rules and Regulations shall not be amended to treat the PPP Property differently than any other property, including the CWS Property, except as provided in this Agreement or to unreasonably, rnaterially and adversely (a) affect the provision of Wastewater Service to Developer, (b) increase Developer's costs for such Wastewater Service, except as provided herein, or (c) alter Developer's rights under this Agreement. 5. Tap Fees and EQRs. Developer hereby agrees to purchase and, subject to the terms and conditions hereof, WWTS hereby commits to sell to Developer wastewater taps for not more than 8 lots and a total of 24 EQRs for such lots. For purposes of this Agreement, one "EQR" shall equal generation of not more than 300 gallons of waste per day. Developer shall not be entitled to introduce more than 7,200 gallons of wastewater per day from the PPP Property into the Wastewater Treatment Facilities. Developer shall pay to WWTS an initial tap fee of Four Thousand Dollars ($4,000) per lot for a single EQR. Payment of the initial tap fee for each lot shall be made to WWTS at the time of the sale of each such lot by Developer to a third party. In the event the flow through the measuring device installed at the Connecting Main manhole indicates an average daily flow rate over a 30 day period which exceeds the purchased EQRs, Developer shall be liable for the payment of additional EQRs based on such average flow. For example, if tap fees have been paid for 5 EQRs and over a 30 day period the average daily flow has been 1,600 gallons, an additional tap fee of $4,000 shall be immediately due and payable by Developer without respect to the specific source of the additional flow. Developer acknowledges and agrees that once made, a tap fee payment shall be deemed fully earned by WWTS and shall not be refundable under any circumstances. The $4,000 per lot tap fee shall remain in full force and effect for a period of five (5) years commencing on the date hereof. After the expiration of such 5 -year period, (i) WWTS shall have no obligation to provide any unpurchased taps to Developer, and (11) service for additional EQRs shall be determined by WWTS in its discretion. Any taps purchased hereunder must be connected and put into service by December 31, 2020. Thereafter, WWTS will have no obligation to allow connection of, or to provide Wastewater Service for taps not put into service by such date or to provide additional taps except to the extent of then existing unused and uncommitted available capacity. 6. Service Charges. The Developer shall pay service charges in accordance with the Rules and Regulations promulgated by WWTS from time to time; provided that the service charges per EQR payable by Developer shall be equivalent to the service charges for similar services established by the City of Glenwood Springs as the same may be adjusted from time to time. In the event the discharge from the PPP Property exceeds the allowable limit of 7,200 gallons per day, WWTS shall have the right to refuse to provide Wastewater Service for any amount in excess of such limit, but, if in its sole discretion WWTS should determine that such G 1C W 51Wasee Weeer\Sewer Service ASreemenc v3 1 .pd Page5of 13 additional wastewater may be accepted for treatment, Developer shall be charged at a rate which is 200 percent of the then current service charge rate for such excess amounts. WWTS 's election to accept such excess wastewater or payment therefor shall in no way limit W WTS's right to discontinue the acceptance of such excess wastewater at such later date as WWTS may determined. 7. Extraordinary Capital Costs. In the event a major plant redesign of the Wastewater Treatment Facilities is required by reason of the reclassification of the waters to which the wastewater is discharged or any other material change in applicable laws, rules and regulations governing the WWTS system, then Developer and the PPP Property shall share pro rata, determined on a flow basis, with all other users, including CWS, in paying for the cost of such a modification. 8. Developer Declaration. Developer expressly consents to the recordation ofthis Agreement in the real property records of County of Garfield, State of Colorado. Developer agrees that it shall, prior to conveying fee simple title to any portion of the PPP Property to a third party, cause to be recorded in the real property records of County of Garfield, State of Colorado, a Declaration of Covenants, Conditions, Restrictions and Easements (the "Declaration"), which, insofar as they relate to or may affect this Agreement or the rights and obligations of the parties hereto, shall be in form and substance reasonably satisfactory to WWTS and its legal counsel. The form and substance of the Declaration shall be reasonably satisfactory to WWTS if it is consistent with the terms ofthis Agreement. The Declaration shall be binding upon Developer, the PPP Property and all subsequent owners thereof and will, at a minimum, (i) contain a separate section entitled "Wastewater Service Disclosure" which will identify WWTS and refer to this Agreement, including the Book. and Page of the Garfield County real property records in which this Agreement is recorded and note that the provisions of Wastewater Service to the PPP Property is subject to this Agreement; (ii) contain a provision to the effect that Wastewater Service to the PPP Property is provided by private agreement with WWTS which is a private limited liability company entitled to establish rules and regulations for the provision of such service but which is not subject to rules or regulations affecting public utilities; (iii) expressly require the acceptance of all of the Developer's rights, and assumption of all of the Developer's obligations, under this Agreement by an entity created by the Developer (hereinafter referred to as the Developer's Utility Company, or "DUC", and as defined in the following Section) for managing and administering utilities and related infrastructure serving the PPP Property, including but not Iimited to wastewater services under this Agreement for the benefit of the PPP Property Owners and the PPP Property Owners' Association; (iv) provide the DUC with lien and assessment rights over the PPP Property and the power to enforce such lien and assessment rights sufficient to al low the DUC to meet the Developer's obligations under this Agreement, including the power to levy and collect assessments for such purpose (without the need for approval of the PPP Property Owners' Association or the individual members thereof); (iv) provide for the formation of the PPP Property Owners Association with lien and assessment rights and the power to enforce such Iien and assessment rights sufficient to allow the PPP Property Owners Association to meet its obligations hereunder, including the power to levy and collect assessments for such purpose without the need for member approval; (v) limit utilization of the PPP Property to a single restaurant, provided that all contaminants, GAC W S\Waste Weter\Sewcr Service Agreement v3I.trend Page6of 13 including undigested food and grease, would be collected and disposed of by a separate collection system; (vi) prohibit other high volume wastewater producers such as dtntist offices, laundromats, hotels, motels or motor vehicle service stations; (vii) provide screening, landscape and setback restrictions on the CWS Property boundary line; and (viii) require the DUC to administer the Developer Collection System by assuming the obligations of the Developer hereunder including the provision of adequate insurance coverage naming WWTS as an insured party or individual bonds on a per lot or use basis providing coverage against system contamination or damage. 9. 4,Developr's Successors and`Assigns. The parties hereto acknowledge and agree that, subsequent to the execution of this Agreement, Developer intends to assign all its rights and delegate all its obligations under this Agreement to a separate entity to be farmed under the laws of the State of Colorado for the purpose of, inter alia, administering and managing utilities and related infrastructure serving the PPP Property, including but not limited to wastewater services under this Agreement. As mentioned in the foregoing Section, such entity shall be referred to herein as the Developer's Utility Company ("DUC"). Accordingly, all references in this Agreement to successors and/or assigns of the Developer shall be deemed to include the DUC, as defined herein above.The PPP Property Owners' Association shall contract with the DUC to acquire, inter alia, wastewater treatment and disposal services for the individual lots within the PPP Property from WWTS under the terms and conditions of this Agreement, under such rules and regulations as may be adopted by WWTS, and such terms and conditions as may be applicable between the PPP Property Owners' Association and the DUC. If, for any reason and at any time, the DUC is not formed, is inadvertently dissolved or is otherwise determined to be without legal capacity to act upon its rights and fulfill its obligations hereunder as Developer's assignee, then the PPP Property Owners' Association shall automatically succeed to all rights and all obligations of the Developer hereunder. In such event, if the PPP Property Owners' Association is not yet formed, the Developer shall be deemed to have resumed and reacquired all rights and obligations previously assigned to the DUC. It is expressly agreed between WWTS and the Developer that this Agreement creates a master service relationship between WWTS and the Developer, any Successor Developer, as hereinafter defined, and the DUC, for the ultimate benefit ofthe PPP Property Owners' Association. Although this Agreement shall be binding upon Developer's successors and assigns, this Agreement is not intended to, nor does it, nor shall it at any time, create a contractual relationship between WWTS and any party other than Developer, a Successor Developer and the DUC, for the benefit ofthe PPP Property Owners Association. Only Developer, a Successor Developer and the DUC shall have the right to enforce this Agreement or to make any claim or have any cause of action against WWTS Property or any of its managers, members, employees or agents arising from or on account of this Agreement. Developer may not assign this Agreement or any portion thereof to any other person or entity, and any such attempted assignment shall be void and of no effect provided that, (i) Developer shall be entitled, prior to creating the PPP Property Owners Association, to assign this Agreement, in its entirety to a purchaser of all, but not less than all, of the PPP Property described on Exhibit A (a "Successor Developer"); and (ii) Developer or any such Successor Developer shall assign Developer's rights hereunder and delegate Developer's duties hereunder to the DUC, and such assignee shall be recognized by WWTS as Developer's successor -in -interest and shall succeed to the entirety of Developer's Glc W SWieste WaterkSewer Service Agreement v3.1 wpl Page 7of 13 contractual rights and obligations hereunder. Owners of a lot or unit or other portion of the PPP Property shall be bound by the terms of this Agreement but shall have no direct -tights to enforce this Agreement or make any claim or have any cause of action against WWTS under this Agreement. Subject to the terms and conditions of this Agreement, the DUC shall at all times represent and be the only party entitled to act for the individual owners of the PPP Property and/or the PPP Property Owners' Association, in furtherance of this Agreement or the purposes hereof, and all actions of the DUC shall be binding upon such owners. 10. System Management and Modification. WWTS shall, while this Agreement remains in effect, make all decisions regarding (a) the alteration, modification, reconstruction or replacement of the wastewater treatment system and/or wastewater treatment plant, (b) establishment of rates, tap fees, wastewater treatment charges, rules and regulations and future connections to the wastewater system (excluding existing commitments of WWTS) which decisions shall be subject to and consistent with the terms of such agreements, including this Agreement, between WWTS and Third Parties for whom WWTS provides wastewater treatment services. Organization of Special District. WWTS also reserves the right, in its sole and absolute discretion, to organize a special district and to assign its rights and delegate its duties hereunder to such a special district, in which event all future waste water services and operational activities shall be assumed by the special district. In connection with the organization of such special district, Developer covenants on behalf of Developer and Developer's heirs, successors and assigns, to reasonably support such organization, to reasonably consent to such assignment and to lend all assistance reasonably required by WWTS in connection therewith, notwithstanding that the PPP Property may be within or without the boundaries of such special district; provided that the PPP Property is included in the service area of such district or otherwise is assured of wastewater service from such district on terms which are no less favorable to the PPP Property than the terms of this Agreement except to the extent that terms applicable to CWS Property are also comparably less favorable. 12. System.Maiatenance and Cost Allocation. WWTS shall perform or cause to be performed all maintenance, repairs, replacements, cleaning and monitoring of the wastewater treatment plant and all portions of the wastewater system, as the same may be expanded or modified after the date hereof, excluding the Developer Collection System and the Connecting Main which shall be maintained, repaired, replaced, cleaned and monitored by Developer at its sole cost and expense. With respect to the Developer Collection System, if and to the extent that the Rules and Regulations have been violated by Developer or Developer has been negligent or untimely in performing Developer's obligations, WWTS, upon giving prior notice to Developer may (but shall not be obligated to) enter upon the PPP Property to operate, maintain, repair, replace, clean and/or monitor the Developer Collection System at Developer's sole cost and expense; provided that, in the event of emergency, no prior notice of entry need be given. 13. Conditions Precedent to Provision of Service. Developer expressly acknowledges and agrees • that the following shall constitute conditions precedent to both WWTS's obligation to G.IC W Slade WaeerlSewer Service Agreemern v3.1.wpd Page 8 of 13 provide the Wastewater Service described herein and to WWTS's allowing any wastewater taps to be connected on the PPP Property. a. Permits. WWTS shall have obtained all necessary permits, licenses and approvals from all applicable governmental entities and/or regulatory agencies. b. Assignment to DUC. The Developer shall have assigned all of its rights and delegated all of its obligations under this Agreement to the DUC, and the principal document of assignment shall be recorded in the real property records of the County of Garfield, State of Colorado. c. Performance by Developer. The Developer shall have performed or caused to be performed such acts or actions as may be required by law, by this Agreement or as may reasonably be required by WWTS's engineers, as necessary conditions to the connection of taps on the PPP Property. 14. Lien Rights, Disconnection Rights and Other Rights of WWTS. a. Wastewater Service Lien. In consideration of WWTS entering into this Agreement and to secure the payment and performance of the obligations of Developer hereunder, the Developer, on behalf of Developer and Developer's successors and assigns, hereby grants to WWTS and its successors and assigns a perpetual lien upon the PPP Property (the "Wastewater Service Lien"). The Wastewater Service Lien shall run with the PPP Property and shall be binding upon and enforceable against the Developer and each and all of Developer's successors and assigns. After notice to Developer and a 30 -day right of cure by Developer, the Wastewater Service Lien may be foreclosed and/or executed or realized upon by WWTS as a mortgage, or by any other means authorized under the applicable laws of the State of Colorado. The Wastewater Service Lien shall be prior and superior to any other lien or encumbrance upon the PPP Property, excepting only the lien for ad valorem real property taxes; provided that, the Wastewater Service Lien shall be junior to the lien of any first mortgage or first deed of trust on any part of the PPP Property taken in good faith and for value and perfected by recording in the office of the Clerk and Recorder of Garfield County, Colorado, prior to the time of recording by or on behalf of WWTS of a specific notice of lien claim. b. Disconnection for Default. WWTS expressly reserves, and the Developer hereby grants to WWTS, the right, after notice to Developer and failure of Developer to cure the default by the expiration of the Cure Period as hereinafter defined, to disconnect the PPP Property or any portion thereof from service or to discontinue providing service to the PPP Property or any portion thereof in the event any charges, costs or fees payable hereunder or under the Rules and Regulations of WWTS are not timely paid, or in the event of any other violation of this Agreement or WWTS's Rules and Regulations by Developer or Developer's successors or assigns or any owner or occupant of the PPP Property. The "Cure Period" for purposes of this Section shall mean, for a monetary default, 60 days and, for a non -monetary default, 60 days plus GAC W S\Wasic Wrter''Sewcr Service Agreement el. I.w`xi Page 9 of 13 such additional time as Developer is diligently proceeding to cure the default, in each case. In the event of reconnection to the system or the continuation of setvice, Developer shall pay the costs and expenses thereof. c. Individual Lien for Wastewater Charges. Upon the platting of the PPP Property into legally subdivided lots or parcels of land, W WTS's remedies of a Wastewater Service Lien and disconnection set forth above shall apply in each instance: (i) only to the separate lot or parcel of land that is in default with respect to nonpayment of service charges including capital costs provided that the DUC shall designate in writing to WWTS the particular lot or parcel that is in default, and (ii) to the entire PPP Property with respect to any obligations under this Agreement other than nonpayment of service charges including capital costs. 15. Reuse Water. All wastewater resulting from the Wastewater Service provided to the PPP Property shall be returned to the Colorado River basin at W WTS's wastewater treatment discharge point. 16. Notices. All notices, demands, requests or other communications to be sent by one party to the other hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of the same in person to the addressee or by courier delivery via any recognized overnight air courier service or by depositing the same in the United States mail, postage prepaid, addressed as follows: To: To: To: Waste Water Treatment Services, LLC c/o Thomas J. Triplat 27653 Highway 6 & 24, Box 100 Rifle, CO 81650 Cottonwood Springs LLC c/o John R. Schenk 302 8th Street, Suite 310 Glenwood Springs, Colorado 81601 Western Slope Development Corp. c/o Robert 0. Klein P.O. Box 1198 Rifle, Colorado 81650 All notices, demands and requests shall be effective upon such personal delivery or one (1) business day after being deposited with a nationally recognized overnight air courier service or three (3) business days after deposit in the United States mail. By giving to the other party hereto at least ten (10) days' written notice thereof in accordance with the provisions hereof, the parties hereto shall have the right from time to time to change their respective addresses. 17. Governing Law. This Agreement and each term, covenant and condition hereof shall be governed by and construed under the applicable laws of the State of Colorado. G W Mame WaierlSewer Service Agreement v3.1 wpd Page 10 of 13 18. Benefit. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. This Agreement may not be modified or amended except in a writing executed by the Parties hereto. 19. Force Majeure. Any obligation of either party under this Agreement which is delayed or not performed due to acts of God, strike, riot, or weather, failure to obtain labor and materials at a reasonable cost, inability to gain governmental or regulatory licenses, permits or approvals, or any other reason beyond the control of the party, shall not constitute a default hereunder and such obligation shall be performed within a reasonable time after the end of such cause for delay or nonperformance. 20. Waiver. No consent or waiver, (whether express or implied), by any party, to or of any breach or default by the other in performance of a particular obligation under this contract shall be deemed or construed to be a consent to or waiver of any other breach or default in performance. No failure on the part of any party to complain of any breach or default by the other in performance or to declare any other party in default, irrespective of how long such failure continues, shall constitute a waiver of such party's rights hereunder. No waiver shall be binding unless executed in writing by the party making the waiver. 21. Costs and Attorney's Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding, in addition to any other relief to which such party may be entitled. 22. Entire Agreement. This Agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof and all other prior agreements or understandings shall be deemed merged into this Agreement. 23. Severability. If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application and to this end, the provisions of this Agreement are declared to be severable. 24. Authority of Parties. Developer is a Colorado corporation validly existing and in good standing under the laws of the State of Colorado. WWTS and CWS are limited liability companies validly existing and in good standing under the laws of the State of Colorado. Each of the parties has the power and authority to own its properties and to carry on its business as now conducted, and, except to the extent permits are required as provided above, has all necessary power and authority to execute, deliver and perform this Agreement and any other documents made or given in connection therewith and to be bound thereby. 25. Benefit of Other Agreements. In the event WWTS shall enter into other like or similar agreements for wastewater service with another party (such other party hereinafter referred to as a "Third Party"), which other agreement shall contain provisions of materially greater benefit or advantage to said Third Party, this Agreement shall, retroactively to the date C \C W S Waste Waler'.Sewer Service Agreement v3 1 wpd Page 11 of 13 STATE OF u (rf A KM' COUNTY OF J The foregoing instrument was acknowledged before me on this Srlii day of September, 2000, by Robert 0. Klein as President of Western Slope Development Company, a Colorado corporation. WITNESS my hand and official seal. My commission expires: AT- STATE T STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) eM4u--- 1111 ry\-F24\-x Notary Public The foregoing instrument was acknowledged before me on this day of September, 2000, by John R. Schenk as Manager of Cottonwood Springs LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: ?/1-1/0603 61C W SI aria Waicr\Sewer Service Agreement 4.I wpd wwi Notary Public Page 13 of 13 hereof, automatically be amended to embody said provisions of greater benefit or advantage. WWTS shall provide Developer with copies of all like or similar agreements for wastewater service with any Third Party. The provisions of this Section shall not apply to agreements with respect to properties located within the CWS Property or Rifle Service Park PUD. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this %lf� day of September, 2000, by Thomas J. Triplat as Manager of Waste Water Treatment Services, LLC, a Colorado Limited liability company. Waste Water Trea nt Se ices, LLC/ , a Colorado limite.ility * pa y B Western Slope 'elopment Company, a Colorado corporation By: Cottonwo a Colorado B e•'1' . b 1'P c WITNESS my hand and official seal. My commission expires: 7/z Phh0of G. \C W SlWaste WaterlSewcr Service Agreement a3. I.wprd Notary Public Page 12 of 13 EXHIBIT "A" POWERLINE PROFESSIONAL PARK PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE N 112SW 114 OF SECTION 11, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE WEST QUARTER COMER OF SAID SECTION 11; THENCE S 89°43'20" E ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 11 A DISTANCE OF 1575.35 FEET TO A REBAR AND CAP LS NO. 13501 IN PLACE, THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST -WEST CENTERLINE 5 89°43'20" E A DISTANCE OF 1075.00 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 11; THENCE S 00°28'01" W ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 11 A DISTANCE OF 631.44 FEET TO THE NORTHEAST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 521226 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE (WHENCE A REBAR AND CAP LS NO. 13501 BEARS N 00°28'01" E 10.00 FEET); THENCE LEAVING SAID NORTH -SOUTH CENTERLINE N 89°33'18" W ALONG THE NORTHERLY LINE OF THAT PROPERTY DESCRIBED IN SAID RECEPTION NO. 521226 A DISTANCE OF 210.11 FEET TO A REBAR AND CAP LS NO. 10871 IN PLACE; THENCE S 00°26'42" W ALONG THE WESTERLY LINE OF THAT PROPERTY DESCRIBED IN SAID RECEPTION NO. 521226 A DISTANCE OF 280.78 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF HIGHWAY 6 AND 24, A REBAR AND CAP LS NO. 10871 IN PLACE; THENCE S 63°41'15" W ALONG SAID NORTHERLY RIGHT-OF-WAY A DISTANCE OF 910.98 FEET TO A POINT ON THE SOUTHERLY LINE OF THE N1/2SWI/4 OF SAID SECTION 11, A REBAR AND CAP LS NO. 13501 IN PLACE; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY N 89°49' 12" W ALONG SAID SOUTHERLY LINE A DISTANCE OF 298.17 FEET (WHENCE A REBAR AND CAP LS NO. 13501 BEARS 5 89'49'12" E 1.00 FEET); THENCE LEAVING SAID SOUTHERLY LINE N 00°18'21" E A DISTANCE OF 253.66 FEET (WHENCE A REBAR AND CAP LS. NO. 13501 BEARS 5 00°18'21" W 18.00 FEET); THENCE N 45°50'52" E A DISTANCE OF 36.33 FEET; THENCE N 27°18'39" E A DISTANCE OF 40.22 FEET; THENCE N 51°08'37" E A DISTANCE OF 10.01 FEET TO A REBAR AND CAP LS NO 13501 IN PLACE; THENCE N 00°17'19" E A DISTANCE OF 471.09 FEET TO A REBAR AND CAP LS NO. 13501 IN PLACE; THENCE N 81'18'45" E A DISTANCE OF 199.73 FEET TO A REBAR AND CAP LS NO. 13501 IN PLACE; THENCE N 01°01'28" W A.DISTANCE OF 477.72 FEET TO A REBAR AND CAP LS NO. 13501 IN PLACE; THENCE N 43°06'59" E A DISTANCE OF 8.14 FEET TO A REBAR AND CAP LS NO. 13501 IN PLACE; THENCE N 11031'56" E A DISTANCE OF 8.46 FEET A REBAR AND CAP LS NO. 13501 IN PLACE; THENCE N 51°03'57" E A DISTANCE OF 6.45 FEET A REBAR AND CAP LS NO. 13501 IN PLACE; THENCE N 00°16'41" E A DISTANCE OF 3.76 FEET A REBAR AND CAP LS NO. 13501 IN PLACE, THE POINT OF BEGINNING; SAID PARCEL CONTAINING 29.510 ACRES, MORE OR LESS. -, t DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR POWERLINE PROFESSIONAL PARK SUBDIVISION, GARFIELD COUNTY, COLORADO INTRODUCTION Declarant, as identified hereinbelow, is developing a nonresidential, planned business park subdivision known as Powerline Professional Park Subdivision ("Subdivision"). The real property that constitutes the land area of the Subdivision is described on Exhibit A attached hereto and incorporated herein by this reference. It is Declarant's desire and intent to hereby subject the Lots within the Subdivision to certain covenants, conditions, restrictions and reservations for the benefit of the Subdivision in furtherance of its purposes. The covenants, conditions, restrictions and reservations set forth herein ("Declaration") shall bind and benefit the Declarant, its successors and assigns, and all persons or entities who become a grantee of one or more Lots within the Subdivision. Every Lot within Powerline Professional Park Subdivision shall henceforth be owned, held, conveyed, encumbered, leased, improved, used, occupied, and enjoyed subject to the following covenants, conditions, restrictions and reservations, and the same shall constitute a general plan for the Subdivision, ownership, improvements, sale, use, and occupancy of the Lots therein, to enhance and protect the value, desirability, and attractiveness of the Subdivision. ARTICLE I STATEMENT OF PURPOSE 1.01 General. The purpose of this Declaration is to ensure proper use and appropriate development and improvement of the real property that constitutes the Subdivision, so as to provide harmonious commercial development and promote the general welfare of the Lot Owners, tenants, invitees, and guests thereof, and protect the present and future value of such property. ARTICLE II DEFINITIONS 2.01 "Architectural Control Committee" (hereinafter sometimes referred to as "ACC") shall mean and refer to the committee defined in Article V below. WESTERN SLOPE-Powerline covenants -4 EXHIBIT 2 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 2 2.02 "Association" means and refers to an unincorporated nonprofit association that shall be known as the Powerline Business Owners' Association, created by this Declaration for the benefit of the Subdivision. 2.03 "Declarant" shall mean and refer to Western Slope Development Corp., a Mississippi corporation (also known as Western Slope Development Ltd.), and any successor entity or entities which succeed to ownership of all or substantially all of the Subdivision owned by Western Slope Development Corp. and at the time of such succession is/are designated by Western Slope Development Corp. as a successor Declarant hereunder, in a writing recorded with the Clerk and Recorder for Garfield County, Colorado. All successor declarants shall designate further successor declarants in accordance with this paragraph. 2.04 "Improvement" shall mean and refer to and include any and all structures and all appurtenances thereto of every kind and type, and all other physical changes upon, over, across, above or under a Lot or upon existing improvements located in or on a Lot, or the landscaping and facilities within rights of way adjacent to a Lot. This definition shall include, but shall not be limited to, the following facilities and activities, whether of a permanent or temporary nature: buildings, outbuildings, parking structures and garages, parking lots and other parking areas, streets, roads traffic control devices and signs, driveways, bikeways, access roads, loading areas, signs, canopies, awnings, trellises, fences, lawns, landscaping (including landscaping of balconies, plaza, and other portions of buildings), plazas, patios, recreational facilities, walkways, pedestrian malls, sidewalks, shelters, security and safety devices and bridges, construction trailers and other temporary construction buildings, screening walls, retaining walls, stairs, decks, benches, and other exterior furniture, hedges, windbreaks, plantings, planted trees and shrubs, poles, exterior air conditioning, water softener fixtures or equipment, aerials, antennas, lighting fixtures, drainage structures, communications equipment including but not limited to microwave dishes and relay equipment, coaxial and fiber optic cables, satellite transmitting and/or receiving ground stations, poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, towers, and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities, and color, texture, material, or other changes to any improvement; provided that with respect to such facility constructed (in behalf of or for a utility, such facility is included in this definition only to the extent it is above ground. "Improvement" as defined herein shall not include improvements, alterations or remodeling which are completely within the interior of a structure and which do not affect or change the exterior appearance of an improvement, are not visible from the outside and do not alter the permitted use of Lot as defined in Article III. 2.05 "Lot" shall mean and refer to each of the lots within the Powerline Professional Park Subdivision as shown on the final plat thereof recorded with the Clerk and Recorder for Garfield County, Colorado, as said final plat may be amended from time to time. WESTERN SLOPE-Poweriine covenants -4 Y Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 3 2.06 "Maintenance" shall mean and refer to any activity or function that is necessary on an ongoing basis or intermittently for the purposes of: (a) maintaining and/or operating any vacant, unimproved land; and/or (b) maintaining and/or operating improvements before, during and after construction or installation of such improvements; and/or (c) for the purpose of enabling or facilitating the permitted use of any Lot. 2.07 "Owner" or "Lot Owner" shall mean and refer to the record owners, whether one or more persons or entities, including Declarant, of a fee simple title interest in and to any Lot within the Subdivision. "Owner" or "Lot Owner" shall not mean or refer to any person or entity who holds an interest in a Lot merely as security for the performance of a debt or other obligation; or pursuant to an easement, right-of-way, or license that pertains to or affects a Lot or Lots; or the holder of water, mineral, air, or subsurface rights that may be located in, on, under, over, or appurtenant to, a Lot or Lots. 2.08 "Subdivision" shall mean and refer to the Powerline Professional Park Subdivision as described by land area on Exhibit A hereto and as shown on the final subdivision plat thereof recorded with the Garfield County Clerk and Recorder, as it may be properly amended from time to time. 2.09 "Developer Utility Company" shall mean the entity formed by Developer to manage and administer water and wastewater services within the Subdivision as described in section 10.05 hereof. ARTICLE III PERMITTED USES 3.01 Permitted Uses. Subject to the covenants, conditions, restrictions and reservations set forth in this Declaration, all Lots shall be used solely for such nonresidential uses as are allowed within the CIU Commercial General zoning district, of the Garfield County, Colorado, under the conditions set forth herein. 3.02 Notwithstanding anything herein to the contrary: (a) no use shall be permitted which is unlawful or unreasonably offensive by reason of hazardous odor, fumes, dust, smoke, noise or pollution, or which is hazardous by reason of excessive danger of fire or explosion; and (b) the manufacture, storage, distribution, handling or disposal of materials which are defined as toxic or hazardous under federal, state or local law, or which are otherwise regulated under applicable law, shall be done only in strict compliance with all such applicable laws. WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 4 ARTICLE IV POWERLINE BUSINESS OWNERS' ASSOCIATION 4.01 Purpose. The purpose of the Association is to administer and enforce the covenants, conditions and restrictions set forth in this Declaration, and to carry out the purposes herein stated and the functions necessary for the proper use and maintenance of all Lots within the Subdivision. 4.02 Organization of Association. Because of the minimal number of lots within the Subdivision, it is the Declarant's intent herein to promote simplicity in the administration of the Subdivision, these covenants, and the furtherance of the Lot Owners' common interests. To that end, the Association is hereby established as an unincorporated nonprofit association within the meaning of the Uniform Unincorporated Nonprofit Association Act, C.R.S. §7-30- 101, et seq. The Lot Owners or their designated representatives (as defined below) shall function as the governing body of the Association, similar to a board of directors of a corporation. Nothing in this Declaration shall be construed to prohibit the Association from voting in the future to amend this Declaration and incorporate the Association or convert to a some other form of nonprofit entity, if to do so is in the best interests of all Lot Owners. 4.03 Members. By accepting a deed to a Lot, a Lot Owner becomes a member of the Association and consents to all terms and conditions set forth in this Declaration. For each Lot owned, the Owner shall appoint one natural person over the age of eighteen years to serve as such Lot Owner's designated representative to participate in meetings of the Association and cast the vote for the Lot. Nothing shall prevent a Lot Owner who is a natural person from designating him/herself as such representative. One vote in the Association shall be appurtenant to each Lot owned and may not be separated from Lot Ownership. When more than one person or entity is a record owner of a Lot, such record owners shall be collectively entitled to no more than one designated representative in the Association and one vote in the Association; votes may not be voted in fractions. When one person or entity owns more than one Lot, such person or entity may designate one representative to the Association for each Lot owned, or, alternatively, one representative to represent all Lots owned. A Lot Owner may change or substitute their designated representative for the Association at any time by advance written notification to all other Lot Owners, however, no such change shall affect decisions made by the Association prior to such change. 4.04 Declarant Control; Designation of Representative Until the first sale of a Lot by the Declarant, the Declarant shall have the authority to act as and for the Association. Upon the closing of Declarant's sale of the first Lot, and for each Lot sold thereafter by the WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 5 Declarant or successive Lot Owners, the purchaser of each Lot shall designate in writing such purchaser's designated representative to the Association and shall notify all other Lot Owners in the Subdivision. If for any reason at any time a Lot Owner fails to designate a representative for the Association in writing, such Owner shall do so within seven (7) business days of a request for designation from any other Owner or from the Association. The failure of an Owner to designate a representative shall not prevent the remaining members from conducting Association business in the absence of a designation, so long as a quorum is available. An Owner who persists in failing to designate a representative after being requested to do so by the Association may be ordered to do so upon application of the Association for a mandatory injunction issued by any court in Garfield County, Colorado, with jurisdiction to enforce these covenants and/or the Court may appoint a representative for such Owner for such time as the Court deems necessary. Nothing herein shall be construed as requiring the Association to seek a court-ordered representative if a quorum is otherwise available to conduct Association business. 4.05 Quorum., Voting. At any meeting of the Association, a quorum shall be established by the presence (in person or by telecornmunication) of Lot Owners or their designated representatives sufficient to represent four votes in the Association. All decisions made on behalf of the Association on any matter before it, except as may otherwise be provided in this Declaration, shall require the affirmative vote of no less than three votes. A vote may be cast in person or by proxy or a similar writing signed by the record Lot Owner. 4.06 Authority. The Association is vested with all authority necessary to enforce the provisions of the covenants, conditions and restrictions set forth in this Declaration, to seek legal and/or equitable remedies for enforcement or breach hereof, to assess and collect assessments upon each Lot within the Subdivision for the purpose of meeting expenses associated with its duties and obligations as described herein, to delegate to a managing agent the proper administration of the affairs of the Association and the Lots within the Subdivision, and to contract with such persons or entities as necessary and appropriate to provide services to the Lot Owners for the benefit of the Lots. 4.07 Meetings. The Association may hold such meetings as the Lot Owners or their designated representatives deem necessary from time to time, in a manner reasonably calculated and upon such advance notice as to enable all Lot Owners or their designated representatives the opportunity to attend, either in person, by proxy, or by telecommunications. Meetings may be called upon written notice evidencing the assent thereto of three or more Lot Owners or their designated representatives, on such date and at such time as the requesting parties indicate. 'At each such meeting, a secretary shall be appointed to keep written or recorded minutes of the meeting. At the discretion of the attending Lot Owners or their representatives, a Chairman may be appointed to serve the Association in such manner or WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 6 for such term as the members may determine, including signature authority on behalf of the Association. 4.08 Association Expenses; Annual Budget. The expenses of all services provided by the Association shall be shared by all Lot Owners equally. Each Lot Owner shall pay its share of all such expenses immediately upon demand thereof by the Association or its authorized agent. Failure to pay may be enforced as a breach of these covenants, including the Association's authority to record a lien against the delinquent Owners' Lot(s) as described in Section 7.07. At least once each year, the Association shall develop and approve a budget of anticipated expenses of the Association for the coming year, including but not limited to expenses associated with the Associations responsibilities for road maintenance, landscaping, operation and maintenance of the Fire Protection Pond and the water supply therefor, inspection and monitoring of the potable water systems and sewage collection system, and other Association responsibilities. The Association shall assess and collect from each Lot Owner an amount equal to one-eighth (1/8th) of the total budgeted expenses for the coming year. If, at the end of the year, after payment of all Association expenses, there remains a surplus in the Associations account, said funds may either be refunded to the Lot Owners in equal proportions or applied to the anticipated expenses of the Association in the following year, as determined by the Association. At any time the Association lacks the funds necessary to meets its expenses, it may make such additional assessments as it deems necessary in order to meet its obligations, provided however, that all Lot Owners shall be assessed equally. ARTICLE V ARCHITECTURAL CONTROL COMMITTEE 5.01 Design; Visual Appearance of Property. It is the specific intent of the Declarant to assure that all development and improvement of the Lots is accomplished to optimize visual appearance and aesthetics. In particular, but without limitation, facades and other exterior aspects of structures and improvements that are visible from one or more public highways adjacent to one or more Lots (including adjacent streets, drives, roads and/or public rights of way), shall be designed, built and maintained with the objective of maximizing aesthetic attractiveness from the visual perspective of the passerby, both pedestrian and vehicular. The design standards set forth hereinbelow or as may be adopted hereafter shall be interpreted and applied to serve such intent. 5.02 Architectural Control Committee. (a) To assure the fulfillment of the intent stated above in section 5,01, an Architectural Control Committee ("ACC") is hereby established for the benefit of all Lot Owners. The ACC shall review and approve all site and building plans and specifications for all Improvements to assure compliance with the principles WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 7 set forth in this Declaration. The ACC shall take into account not only the aesthetics of the architectural and construction aspects of the development of the Subdivision, but also its continued maintenance, improvement and beautification. (b) The ACC shall consist of the Lot Owners' or their designated representatives to the Association. In other words, the ACC shall function as a "committee of the whole" of the Association. For example, if there are eight designated different Owners of the eight Lots in the Subdivision, and each Lot Owner has designated one representative for the Association, the ACC shall consist of those eight representatives. A person or entity owning more than one Lot may designate one representative for each Lot owned or, alternatively, one representative for the aggregate of Lots owned, but in any case there shall be no more than one vote allowed per Lot. A Lot Owner may change or substitute their designated representative to the ACC at any time by advance written notification to all other Lot Owners, however, no such change shall affect decisions made by the ACC prior to such change. The Declarant shall serve as the ACC until the date of closing on the sale of the first Lot in the Subdivision; thereafter, the Declarant shall have one vote for each Lot retained by Declarant until all Lots are sold by it. (c) A Chairman shall be designated by the members of the ACC by majority vote. The Chairman shall conduct meetings and shall provide for reasonable notice to each member of the ACC prior to ACC meetings, setting forth the place and time of said meetings, which notice may be waived. The person elected Chairman shall serve in such capacity for a term of one (1) year or until such earlier time as he or she resigns as Chairman or a successor has been elected or appointed. The members of the ACC may also appoint any regular member of the ACC as Acting Chairman to perform the duties of Chairman. 5.03 Adoption of Standards. The ACC is authorized but not required to promulgate, adopt, and amend design standards consistent with these covenants and additional to those set forth in Article VI, specifying in detail the type and form of information that must be submitted for ACC review and approval. A current copy of the adopted, written design standards, if any,. shall be furnished to each Lot Owner upon written request. 5.04 Applications for Review; Plans and Specifications. No improvements shall be constructed, erected, placed, altered, maintained or permitted on any Lot until plans and specifications with respect thereto in manner and form satisfactory to the ACC showing the proposed improvements, plat layout and all exterior elevations, materials and colors, signs and landscaping, traffic design, number and size and layout of parking spaces, grading, easements and utilities, proposed building use and number of employees, and such other information as may be requested by the ACC, have been submitted to and approved in writing by the ACC. Such plans and specifications shall be submitted in writing over the signature of the Owner of the Lot or the Owner's authorized agent, with copies furnished to each ACC member. Large WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 8 scale maps, blueprints and plans need not be copied for submittal to each member, but may be deposited concurrently with the Chairman of the ACC or, if the chairmanship is in doubt, deposited with another ACC member, with written notice to all other ACC members identifying with whom such materials were deposited. The ACC is authorized to establish a reasonable fee to be charged Lot Owners seeking review by the ACC to reimburse (but not compensate) members of the ACC for expenses incurred in reviewing applications and to pay for such professional or other assistance as the ACC deems necessary to assist it in reviewing applications. Such review fee shall be set forth in writing upon request by any Owner. Until receipt by the ACC of all required plans and specifications and other information required to be submitted as specified herein or in design standards hereafter adopted, the ACC may postpone review of any submittal for approval; provided, however, the ACC shall provide to the applicant in writing, within thirty (30) days of such postponement, a statement of all additional materials to be furnished by the applicant for the ACC to commence such review. 5.05 Voting. The affirmative vote or written consent of the ACC shall be as provided above in Section 4.05 for voting by members of the Association. 5.06 Delegation. The ACC may delegate all review functions established herein to one or more qualified professional(s) selected by the ACC, but shall not delegate the authority to promulgate design standards nor delegate final voting authority. 5.07 Exceptions. Alterations or remodeling which are completely within the interior of a building and do not affect the exterior appearance and are not visible from the outside shall not require ACC approval. 5.08 Approval Criteria Generally. Approval shall be based, among other things, on adequacy of building site dimensions, conformity and harmony of external design with neighboring structures, effect of location and use of improvements on neighboring buildings, operations and uses, and the visibility of and access to a proposed structure; relation of topography, grade and finished ground elevation of the building site being approved to that of neighboring building sites; and conformity of the plans and specifications to the purpose and general plan and intent of these covenants. The ACC shall not arbitrarily or unreasonably withhold approval of plans and specifications. 5.09 Review and Approval. (a) The ACC shall respond in writing to all applications for review and approval made in accordance herewith within forty-five (45) days of receipt thereof. If the ACC fails to approve or disapprove submittals within forty-five (45) calendar days after the same have been submitted, it shall be conclusively presumed that the ACC has approved the submittal, provided, however, that, if within said period the ACC provides written notice to the applicant that additional time is required for review, there shall WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 9 be no presumption of approval until the expiration of such additional period of time as is set forth in the notice, such additional period of time not to exceed thirty (30) days. (b) The ACC shall respond in writing to the submittal in one of the following ways: (i) Approval as submitted. (ii) Approval with conditions. (iii) Deferral of action pending receipt and review of further information required by the ACC. (iv) Disapproval. (c) If approval is denied, the ACC shall furnish the applicant or its authorized agent with a written statement setting forth the reasons. Approval by the ACC shall extend to the design concepts and plans presented, but not necessarily to design details. Each applicant is responsible for ensuring that all design details and actual construction conform to the approved concepts and plans and to all applicable governmental authority and other land use requirements and restrictions. Decisions of the ACC shall be conclusive and binding on all interested parties. 5.10 Certificate of Compliance. Upon written request of any Owner, mortgagee, prospective Owner, tenant or prospective tenant of a Lot, the ACC shall issue an acknowledgment in recordable form, signed by the Chairman or Acting Chairman, setting forth generally whether said Owner is in violation of any of the terms and conditions of these covenants known to the ACC. Said written statement shall be conclusive upon the ACC in favor of the persons who rely thereon m good faith. Such statement shall be furnished by the ACC within a reasonable time, but not to exceed thirty (30) days from the receipt of a written request for such written statement. In the event the ACC fails to furnish such statement within said thirty (30) days, it shall be conclusively presumed that said Lot is, to the best of the ACC's knowledge, in conformity with all of the terms and conditions of these covenants. 5.11 No Waiver of Future Approvals. The approval or consent of the ACC to any plans or specifications for any Improvement or use of a Lot in connection with any matter requiring the approval or consent of the ACC, shall not be deemed to constitute approval of, or a waiver of the right of the ACC to withhold approval or consent to any other plans or specifications for that Improvement or Lot use, or any plans or specifications for any other Improvement or Lot use, or any other matter whatever subsequently or additionally submitted for approval or consent by the same or a different person. WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 10 5.12 Obligations with Respect to Zoning and Subdivision. All Improvements and uses of a Lot shall fully comply with all zoning, land use, and subdivision statutes and regulations and conditions applicable to such Lot. The ACC shall have the right to withhold its approval of any submittal if the proposal would result in the violation of, or would be inconsistent with, zoning, land use or subdivision regulations or conditions, or if the Lot Owner has otherwise failed to comply with these Covenants. 5.13 Declarant Not Liable. Declarant shall not be liable for any damage or loss to person or property claimed to arise on account of: (a) The approval or disapproval of any plans, drawings or specifications; (b) The construction of any improvement, or performance of any work, whether or not pursuant to approved plans, drawing or specifications; or (c) The development of any lot within the Subdivision. 5.14 Construction Commencement. No Improvement of any kind shall be commenced on any Lot until the provisions of this Article V have been met to the satisfaction of the ACC or waived in writing by the ACC. If any Improvement is erected, placed, or maintained upon any Lot, or any new use commenced upon any Lot, other than in accordance with the approval of the ACC pursuant to the provisions of this Article V, such alteration, erection, placement, maintenance, or use shall be deemed to have been undertaken in violation of these Covenants and, upon written notice from the ACC or the Association, any such Improvement so altered, erected, placed, maintained, or used upon any Lot in violation hereof shall be removed or altered so as to conform to these Covenants, and any such use shall cease or be amended so as to conform hereto. If removal or alteration is not accomplished within thirty (30) days after receipt of such notice, then the party in breach of this Declaration shall be subject to enforcement as provided for herein and as may otherwise be permitted by law. 5.15 Proceeding with Work. Upon receipt of written approval from the ACC, the applicant to whom approval is given, shall, as soon as practicable, satisfy any and all conditions of such approval and shall diligently proceed with the commencement and completion of all approved excavation, construction, refinishing, and alterations. In all cases, work shall commence within one (1) year from the date of approval, and if not so commenced approval shall be deemed revoked unless the ACC, pursuant to written request made and received prior to the expiration of said one (1) year, extends in writing the period of time for commencement of work, which extension may be granted at the discretion of the ACC. For purposes of this Declaration, the term "commencement of work" shall mean, if the WESTER SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 11 improvement is a building, the completion of foundation, and, if the improvement is not a building, the expenditure of twenty percent (20%) of the proposed budget for the improvement. All new improvements approved by the ACC shall be completed on or before twelve (12) months from the commencement of the work; all repairs or alterations of Improvements shall be completed within three (3) months of commencement. For purposes of this Declaration, completion of the work shall mean issuance of a permanent certificate of occupancy. 5.16 Modification or Waiver of Submission Requirements. The ACC, in its sole discretion, may waive or excuse compliance with all requirements for submittals as set forth herein and/or in design standards adopted hereafter, if the ACC determines in writing that some or all of the information or materials required are not necessary or appropriate in specific situations, and in such situations the ACC may establish and permit compliance with different or alternative submittal requirements that are set forth in writing with the reasons for such modification or waiver. 5.17 Additional Submittal Requirements. In addition to the foregoing submittal requirements, the ACC may promulgate and adopt, as part of the ACC design standards, additional submittal requirements not inconsistent with these covenants. Such requirements may include, but are not limited to, submission of sketch plans and construction drawings at various stages, and may establish periods of validity for approvals of submissions. The ACC may delegate to its staff and/or consultants the authority to preliminarily approve or disapprove submittals, provided that the application shall be deemed approved only upon action of the ACC. ARTICLE VI CONSTRUCTION AND DESIGN STANDARDS 6.01 Construction Standards. Construction or alteration of any Improvement(s) shall meet the standards set forth in these covenants and shall promptly and diligently be completed in accordance with plans and specifications approved by the ACC. For the purposes of these covenants, when a construction material is specified herein, another material may be used in lieu thereof, provided such material is determined by the ACC to be equivalent or superior to the specified material. 6.02 Finishes. All buildings (including parking garages) shall have exterior walls (including rear walls) of face brick, stone, concrete, marble, anodized aluminum, glass, stucco or equivalent permanently finished materials. If exterior walls are concrete they must have a WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 12 sandblasted, bushhammered or exposed aggregate finish. No building shall be covered with sheet or corrugated aluminum, asbestos, iron or steel except where necessary to maintain corporate or business identity (in which event the extent and impact of the coverage will be limited to cosmetic identification needs). Where an Owner proposes to substitute a material that is equivalent to the finishes specifically permitted above in this Section 6.02, the ACC will review such alternative finish and make a determination of its acceptability. In the event the ACC determines such alternative material is acceptable, then such alternative material shall be permitted to the extent provided in the plans and specifications with respect thereto approved by the ACC. Metal roofing shall be of a permanent finish type, where natural galvanized type finishes are prohibited. All exterior finishes shall be designated in the plans and specifications submitted to the ACC. 6.03 Sidewalks. Sidewalks of design standards and in locations approved by the ACC or otherwise required by the County shall be maintained by each Owner. 6.04 Landscaping. Any portion of a Lot upon which Improvements are not constructed shall be landscaped in accordance with landscape plans approved by the ACC. The ACC may require additional tree and/or shrub planting to achieve adequate screening. An irrigation system approved by the ACC shall be installed in all landscaped areas. Landscaping in accordance with the plans and specifications approved by the ACC must be installed within thirty (30) days following the occupancy of any Improvement on a Lot. This period may be extended by the ACC in the event of delays caused by adverse weather conditions including, without limitation, seasonal conditions unfavorable for planting, or other causes beyond the reasonable control of the Owner. 6.05 Screening. All service areas shall be screened from public view by screens, landscaping, walls, fences or other devices, as approved in writing by the ACC. Without limitation of the foregoing, all trash areas (and dumpsters) shall be maintained in permanently screened and fenced enclosures which shall not be visible from any dedicated street. Where reasonably possible, truck doors shall not face a public street. All landscaping material used for purposes of screening shall be in compliance with ACC approvals. Service areas shall be screened as required by the ACC, and shall be contained on fully -improved site areas consisting of reinforced concrete paving areas with integrated, internal, sub -surface drainage systems in compliance with prevailing codes and regulations. Where reasonably possible, .rear service entrances to Improvements shall be screened from the view of sidewalks or public thoroughfares. 6.06 Illuminations. Overnight security type lighting, and lighting of parking, truck service/receiving areas and outdoor storage areas will require fixtures that are of a sharp cut-off design which allow minimal light spill or glare onto adjacent Parcels. WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 13 6.07 Utilities. All pipes, conduits, cables or lines for water, gas, sewage, steam, electricity, telephone or any other energy or service serving any Lot from any main trunk line or easement shall be installed and maintained below ground, unless otherwise approved in writing by the ACC. 6.08 Grading and Drainage. Surface drainage on each Lot shall be collected on site and connected to underground or above ground storm drain structures. The plans and specifications for Improvements on any Lot shall reflect the grading, drainage, site stabilization, plumbing system, paving and curb cuts on or for such Lot. 6.09 Utility Lines and Antennas. Sewer, drainage or utility lines or wires or other devices for the communication or transmission of electrical current, power, or signals including telephone, television, microwave or radio signals, shall be constructed, placed or maintained either within buildings or structures or in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other structures unless approval for such construction, placement or maintenance above ground is obtained by the Owner from the ACC. No antenna or microwave dish for the transmission or reception of telephone, television, microwave or radio signals shall be placed on any building or other improvements within the subject property unless the consent of the ACC shall first be obtained. Nothing contained herein shall be deemed to forbid the erection or use of temporary power or telephone facilities incidental to the construction or repair of Improvements on the subject property. 6.10 Signs. All signs shall conform with written sign standards adopted by the ACC and all applicable codes, laws and governmental regulations. ARTICLE VII MAINTENANCE AND OPERATION ACTIVITIES - CRITERIA 7.01 Construction Period. During construction of any Improvements, supplies and equipment must be stored in a designated area in a safe and orderly fashion. Trash, waste and debris must be removed on a regular basis. Unlandscaped areas shall be kept mowed and pruned, free from plants infested with noxious insects or plant diseases and from weeds which are likely to cause the spread of infection or weeds to neighboring property and free from brush or other growth or trash which may cause danger of fire. 7.02 Site and Building Maintenance. All Owners shall at all times keep their premises, buildings, Improvements, and appurtenances including parking areas in a safe, clean, and neat condition; shall remove, replace, or repair all such items or areas not in such WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 14 condition; and shall comply in all respects with all government, health, police and safety requirements and with such maintenance standards as may be established by the Association. Each Owner shall remove at its own expense at least once a week all rubbish or trash of any character that may accumulate on its property and shall keep unimproved areas maintained. Rubbish and trash shall not be .disposed of on the premises by burning in open fires or incinerators. Site and building maintenance as described in this Section 7.02 is additional to shared maintenance of access easements as set forth in Article XL 7.03 Landscape and Grounds Maintenance. All landscaping or unimproved ground on all Lots shall be maintained in a neat and adequate manner. Required maintenance activities shall include, but not be limited to, mowing, trimming, adequate irrigation, replacement of dead, diseased, or unsightly landscaping, removal or control of weeds from planted areas, and appropriate pruning of plant materials. 7.04 Additional Maintenance and Operation Activity. In addition to the foregoing maintenance and operation activity standards, the ACC may promulgate and adopt, as part of ACC design standards, additional maintenance and operation activity criteria that are not inconsistent with the criteria set forth in this Article and that implement the purposes of these covenants. 7.05 On -street Parking. No parking shall be permitted on any platted access drive or easement as shown on the final plat of the Subdivision or at any location other than the paved parking spaces approved for a Lot, unless otherwise specifically approved in writing by the ACC. Each Owner shall be responsible for compliance with this requirement by its tenants, employees, invitees and guests. Owners or users of vehicles parked in violation of this provision shall be subject to the sanctions provided by governmental ordinance, if any, that prohibit or restrict such parking, and regardless of the existence of any government sanctions, the vehicle so parked shall be subject to removal at the Lot Owners' expense at the direction of the Association or ACC or any of its representatives. 7.06 Variances. The ACC may authorize variances in compliance with any of the maintenance and operation activity criteria set forth in this Declaration or in any additional criteria promulgated and adopted as part of the ACC design standards when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental objectives or considerations may warrant, in the sole discretion of the ACC. WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 15 7.07 Remedies for Failure to Maintain and Repair. (a) Remedies. If an Owner or its tenant(s) fails to perform the maintenance and repairs required by these covenants or the Association, then the Association, after fifteen (15) days prior written notice to the Owner, shall have the right but not the obligation to perform such maintenance and repair and to charge said delinquent Lot Owner with the cost of such work together with the interest thereon at the maximum statutory rate from the date of the Association's advancement of funds for such work to the date of reimbursement of the Association by Owner. If the delinquent Owner fails to reimburse the Association for such costs within ten (10) days after demand therefor, the Association may vote to approve the recording of a lien therefor, and upon approval may file for record in the office of the Clerk and Recorder for Garfield County, Colorado, a notice of lien signed by an authorized representative of the Association for the amount of such charge together with interest thereon, which notice shall contain: (1) a statement of the amount unpaid and the interest accrued thereon; (2) a legal description of the property owned by the delinquent Owner; and (3) the name of the delinquent Owner. Such notice of lien shall be effective to establish a lien against the interest of the delinquent Owner in the Lot(s) together with interest at the maximum statutory rate on the amount of such advance from the date thereof, administrative fees, recording fees, cost of title search obtained in connection with such lien and the foreclosure thereof, and court costs and reasonable attorneys fees that may be incurred in the preparation and enforcement of such a lien. All unpaid amounts shall constitute a personal and direct obligation of the Lot Owner to the Association. (b) Foreclosure of Lien. A lien, when so established as provided above, shall be prior and superior to any right, title, interest, lien or claim which may be or may have been acquired in or attached subsequent to the time of filing such claim for record. Any such lien shall be for the benefit of the Association and may be enforced by foreclosure, in like manner as a mortgage on real property is foreclosed under the laws of the State of Colorado. In any such foreclosure, the delinquent Owner shall be required to pay all Association costs and reasonable attorneys' fees in connection with the preparation and filing of the notice, as provided herein, and all costs and reasonable attorneys' fees incurred by the Association in connection with the foreclosure. The Association shall notify all mortgagees of record of the Lot, if such encumbrance contains an address. All unpaid amounts shall also be the personal and direct obligation of the Owner thereof and reasonable attorney's fees and costs as aforesaid for such unpaid amounts may be brought without foreclosing or waiving the lien securing same. The Association shall have the power to bid on the Iiened property at any foreclosure sale, and to acquire, lease, mortgage and convey the same. WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 16 (c) Cure. If the reason for which a notice of lien has been recorded is cured, the Association shall promptly record a release of such notice, upon payment by the delinquent Owner of the costs of preparing or recording such release, and such other reasonable costs, attorneys' fees, interest or expenses as have been incurred by the Association. (d) Non-exclusive Remedy. The foregoing lien and the rights to foreclosure thereunder shall be in addition, and not in substitution for, all other rights and remedies which any party may have hereunder and by law, including any suit to recover a money judgment for unpaid amounts due. ARTICLE VIII LIMITATION OF LIABILITY 8.01 No Individual Liability. Neither the Association, nor any member thereof or of the ACC, nor any agent or employee or representative of the Association shall be liable to any Owner or other person or entity for any action or failure to act with respect to any matter coming before the Association, if the action taken or failure to act was made m good faith and without willful or intentional misconduct. The Association shall indemnify and hold harmless all members, agents, employees and Association representatives from any and all reasonable costs, damages, charges, liabilities, obligations, fines, penalties, claims, demands or judgments, and any and all expenses, including without limitation, attorneys' fees and costs incurred in the defense or settlement of any action arising out of or claimed on account of any act, omission, error or negligence of such person or of the Association or the ACC, provided such person acted in good faith and without willful or intentional misconduct. 8.02 No Association Liability. The Association shall not be held liable for injury or damage to person or property caused by the condition of any Lot or by the conduct of specific Lot Owners or their tenants, agents, employees and other representatives. ARTICLE IX MINING 9.01 Subject to reservations of record prior to this Declaration, no oil, natural gas, petroleum, sand, gravel, or other mineral substance shall be produced from any well, mine, or shaft located upon, in or under the Lots; no derrick or other structure designed for use in or used for boring or drilling for oil, or natural gas shall be permitted upon or above the surface of the Lots. WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 17 ARTICLE X WATER AND SEWER 10.01 Water Supply. The potable water supply for the Subdivision shall be provided by three wells, to be shared as provided in this article. WATER SUPPLY FOR LOTS 1, 2 AND 8 10.01.01. Ownership of Well and Appurtenant Facilities: Easements for Pipelines. A water well (referred to herein as "Well No. 3")has been constructed on the southerly portion of Lot 2 and operates pursuant to Colorado Division of Water Resources Well Permit No. 053267-F, which authorizes withdrawal of up to 15 gallons of water per minute with a maximum of one acre foot per year for drinking and sanitary purposes inside commercial businesses. Operation of the Well is dependent upon maintenance of West Divide Water Conservancy District Water Allotment Contract No. 9908092RK(a). The owners of Lots 1, 2 and 8 each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to Well No. 3, the well permit, pump, and associated facilities for the withdrawal of water located at the Well, except as otherwise provided herein. The Developer Utility Company shall be solely responsible for installing a pipeline and related facilities as may be necessary or desirable to convey water from Well No. 3 to each owner's Lot. subsequent to installation, each Lot Owner shall be responsible for maintaining and operating such pipeline an related facilities serving its Lot. A totalizing flow meter and adjacent shut-off valve shall be installed by the Developer Utility Company on each pipeline that delivers water from the Well to an Owner's Lot to measure the rate and total volume of water delivered from the Well to said Lot, and to shut off such flow, when appropriate. The type of meter and valve, their location and installation shall be determined, owned, operated and maintained by the Developer Utility Company. Except for this meter and valve, each Lot owner shall be the sole owner of any and all facilities used exclusively for the benefit of said Lot, including individual service lines and storage tanks. The owners of Lot 1 and Lot 8 are hereby granted perpetual and non-exclusive easements over and across Lot 2 for the installation, use, maintenance, repair, service and replacement of Well No. 3 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lots 1 and 8, respectively, such easements being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the following criteria: Where possible, all utilities, including water lines, shall be installed within the WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 18 access road and utility easement (or agreed-upon extensions thereof). If installation of a utility line in the access road and utility easement is not possible or reasonably practicable, and in those instances where a utility easement is not described on another recorded document, the owner installing the utility line shall confer with the affected servient lot owner and mutually agree upon a location for installation that does not interfere with existing or proposed improvements and that will cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an established easement area so as to interfere with the repair and replacement of utility lines. All utility easements shall be twenty (20) feet in width unless otherwise designated by amendment or supplement hereto. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to this Declaration. 10.01.02. Operation, Maintenance and Repair Costs. Subject to the provisions of section 10.01.01, all costs of operation, maintenance, replacement, service and repair associated with Well No. 3, the pump and appurtenant facilities for the withdrawal of water from the Well shall be shared equally by the owners of Lots 1, 2 and 8. Such costs shall be allocated one-third to each Lot owner, except that each Lot owner shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such property, including individual service lines and storage tanks. The owners of Lots 1, 2 and 8 shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service and/or improvement necessary and essential for proper functioning of the Well and common facilities. If an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other owners. 10.01.03. Use of Water. The owners of Lots 1, 2 and 8 shall each be entitled to use up to 0.0275 acre feet per month (0.33 acre feet annually) of water from Well No. 3 only for uses authorized by the well permit, which are currently limited to drinking and sanitary purposes inside commercial businesses. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of said Lots shall be entitled to use WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 19 so much of the water from Well No. 3 (up to their limit) as needed so long as diversions from the Well at no time exceed 15 g.p.m. and total annual diversions do not exceed 1.0 acre feet. If, from time to time, Well No. 3 does not provide water at the rate of 15 g.p.m., each Lot owner shall be entitled to its pro -rata share of the available water. The Developer Utility Company shall regularly read the meters, and shall have the authority to enforce the limitations on water deliveries to each Lot set forth herein pursuant to the provisions of Article XIV hereof. In addition, the Developer Utility Company may terminate water deliveries to any Lot that has for two consecutive months exceeded its maximum monthly entitlement to water from the Well as set forth 10.01.04. Installation of Facilities. Subject to the provisions of Section 10.01.01, the Developer Utility Company shall install at its own expense the power source, meter, pipelines and other facilities in and to Well No. 3 to serve Lots 1, 2 and 8. Each lot owner shall be charged a tap fee in section 10.01.03. accordance with a utility fee and rate schedule prepared by the Association. WATER SUPPLY FOR LOTS 3, 4 AND 5 10.01.05. Ownership of Well and Appurtenant Facilities: Easements for Pipelines. A water well (referred to herein as the "Well No. 2") is permitted for construction on the southerly portion of Lot 5 and will operate pursuant to Colorado Division of Water Resources Well Permit No. 053268- F, which authorizes withdrawal of up to 15 gallons of water per minute with a maximum of one acre foot per year for drinking and sanitary purposes inside commercial businesses. Operation of Well No. 2 is dependent upon maintenance of West Divide Water Conservancy District Water Allotment Contract No. 9908093RK(a). The owners of Lots 3, 4 and 5 each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to Well No. 2, the well permit, pump and associated facilities for the withdrawal of water located at the Well, except as otherwise provided herein. The Developer Utility Company shall be solely responsible for installing a pipeline and related facilities as may be necessary or desirable to convey water from Well. No. 2 to each owner's Lot. Subsequent to installation, each Lot Owner shall be responsible for maintaining and operating such pipeline serving its Lot. A totalizing flow meter and adjacent shut-off valve shall be installed by the Developer Utility Company on each pipeline that delivers water from the Well to an Owner's Lot to measure the rate and total volume of water delivered from the Well to said Lot, and to shut off such flow, when appropriate. The type of meter and valve, their location and installation shall be determined, owned, operated and maintained by the Developer Utility Company. Except for this meter and valve, each Lot owner shall be the sole owner of any and all facilities used exclusively for the benefit of said Lot, WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 20 including individual service lines and storage tanks. The owner of Lot 3 is hereby granted a perpetual and non-exclusive easement over and across Lots 4 and 5 for the installation, use, maintenance, repair, service and replacement of Well No. 2 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lot 3, such easement being no more than twenty (20) feet in width. The owner of Lot 4 is hereby granted a perpetual and non-exclusive easement over and across Lot 5 for the installation, use, maintenance, repair, service and replacement of Well No. 2 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lot 4, such easement being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the following criteria: Where possible, all utilities, including water lines, shall be installed within the access road and utility easement (or agreed-upon extensions thereof). If installation of a utility line in the access road and utility easement is not possible or reasonably practicable, and in those instances where a utility easement is not described on another recorded document, the owner installing the utility line shall confer with the affected servient lot owner and mutually agree upon a location for installation that does not interfere with existing or proposed improvements and that will cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an established easement area so as to interfere with the repair and replacement of utility lines. All utility easements shall be twenty (20) feet in width unless otherwise designated by amendment or supplement hereto. The location of utility easements, once established, shall be professionally surveyed by the newly - connecting user and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to this Declaration. 10.01.06. Operation, Maintenance and Repair Costs. Subject to the provisions of section 10.01.05, all costs of operation, maintenance, replacement, service and repair associated with Well No. 2, the pump and appurtenant facilities for the withdrawal of water from Well No. 2 shall be shared equally by the owners of Lots 3, 4 and 5. Such costs shall be allocated one-third to each Lot owner, except that each Lot owner shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such property, including individual service lines and storage tanks. The owners of Lots 3, 4 and 5 shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service and/or improvement necessary and essential for proper WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 21 functioning of Well No. 2 and common facilities. If an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other owners. 10.01.07. Use of Water. The owners of Lots 3, 4 and 5 shall each be entitled to use up to 0.0275 acre feet per month (0.33 acre feet annually)of water from Well No. 2 only for uses authorized by the well permit, which are currently limited to drinking and sanitary purposes inside commercial businesses. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of said Lots shall be entitled to use so much of the water from Well No. 2 (up to their limit) as needed so long as diversions from the Well at no time exceed 15 g.p.m. and total annual diversions do not exceed 1.0 acre feet. If, from time to time, Well No. 2 does not provide water at the rate of 15 g.p.m., each Lot owner shall be entitled to its pro -rata share of the available water. The Developer Utility Company shall regularly read the meters, and shall have the authority to enforce the limitations on water deliveries to each Lot set forth herein pursuant to the provisions of Article XIV hereof. In addition, the Developer Utility Company may terminate water deliveries to any Lot that has for two consecutive months exceeded its maximum monthly entitlement to water from Well No. 2 as set forth in this section 10.01.07. 10.01.08. Installation of Facilities. Subject to the provisions of Section 10.01.05, the Developer Utility Company shall install at its own expense the power source, meter, pipelines and other facilities in and to Well No. 2 to serve Lots 3, 4 and 5. Each lot owner shall be charged a tap fee in accordance with a utility fee and rate schedule prepared by the Association. WATER SUPPLY FOR LOTS 6 AND 7 AND FOR FIRE PROTECTION 10.01.09. Ownership of Well and Appurtenant Facilities. Easements for Pipelines. A water well (referred to herein as the "Well No. 1") is permitted for construction on the southerly portion of Lot 5 and will operate pursuant to Colorado Division of Water Resources Well Permit No. 052691- F, which authorizes withdrawal of up to 15 gallons of water per minute with a maximum of two (2) acre feet per year for drinking and sanitary purposes inside commercial businesses and for fire protection purposes. Operation of Well No. 1 is dependent upon maintenance of West Divide Water Conservancy District Water Allotment Contract No. 990612RK(a). The WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 22 owner of Lot 6 and the owner of Lot 7 and the BOA each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to Well No. 1, the well permit, pump and associated facilities for the withdrawal of water located at the Well, provided, however, that the owners of Lot 6 and Lot 7 shall each be entitled to the withdrawal and use of up to 0.33 acre feet annually from Well No. 1 and the BOA shall be entitled to withdraw and use up to 1.33 acre feet annually from Well No. 1 for fire protection purposes. The Developer Utility Company shall be solely responsible for installing a pipeline and related facilities as may be necessary or desirable to convey water from Well No. 1 to each owner's Lot and for the association's fire protection purposes. subsequent to such installation, each Lot Owner and the association shall be responsible for maintaining and operating the pipeline and related facilities serving their Lot (or, as to the Association, its fire protection pond). A totalizing flow meter and adjacent shut-off valve shall be installed by the Developer Utility Company on each pipeline that delivers water from the Well to an Owner's Lot or to the Association's fire protection pond, to measure the rate and total volume of water delivered from the Well to said Lot or pond, and to shut off such flow, when appropriate. The type of meter and valve, their location and installation shall be determined, owned, operated and maintained by the Developer Utility Company. Except for this meter and valve, each Lot owner (and the association with respect to the fiire protection pond) shall be the sole owner of any and all facilities used exclusively for the benefit of said Lot, including individual service lines and storage tanks. The owner of Lot 7 is hereby granted a perpetual and non-exclusive easement over and across Lot 6 for the installation, use, maintenance, repair, service and replacement of Well No. 1 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lot 7, such easement being no more than twenty (20) feet in width. The Association is hereby granted a perpetual and non-exclusive easement over and across Lot 6 for the installation, use, maintenance, repair, service and replacement of Well No. 1 and for pipelines, power lines and other facilities necessary for the proper operation of Well No. 1 and delivery of water to the Fire Protection Pond, such easement being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the following criteria: Where possible, all utilities, including water lines, shall be installed within the access road and utility easement (or agreed-upon extensions thereof). If installation of a utility line in the access road and utility easement is not possible or reasonably practicable, and in those instances where a utility easement is not described on another recorded document, the owner installing the utility line shall confer with the affected servient lot owner and mutually agree upon a location for installation that does not interfere with existing or proposed improvements and that will cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all WESTERN SLOPE-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 23 disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an established easement area so as to interfere with the repair and replacement of utility lines. All utility easements shall be twenty (20) feet in width unless otherwise designated by amendment or supplement hereto. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to this Declaration. 10.01.10. Operation, Maintenance and Repair Costs. Subject to the provisions of section 10.01.09, all costs of operation, maintenance, replacement, service and repair associated with Well No. 1, the pump and appurtenant facilities for the withdrawal of water from the Well shall be shared equally by the owners of Lots 6, 7 and the Association. Such costs shall be allocated one-third to each. Lot owner and one-third to the Association, except that each party shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such party, including individual service lines and storage tanks. The owners of Well No. 1 shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service and/or improvement necessary and essential for proper functioning of Well No. 1 and common facilities. If an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other owners. 10.01.11. Use of Water. The owners of Lots 6 and 7 shall each be entitled to use up to 0.0275 acre feet per month (0.33 acre feet annually) of water from Well No. 1 only for uses authorized by the well permit, which are currently limited to drinking and sanitary purposes inside commercial businesses. The Association shall be entitled to use up to 1.33 acre feet annually of water from Well No. 1 for the purpose of filling and maintaining the water level in the Fire Protection Pond. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of Lots 6 and 7 and the Association shall be entitled to use so much of the water from Well No. 1 (up to their limit) as needed so long as diversions from Well No. 1 at no time exceed 15 g.p.m. and total annual diversions do not exceed 2.0 acre feet. If, from time to time, Well No, 1 does not provide water at the rate of 15 g.p.m., each Lot owner shall be entitled to its pro -rata share of the available water. The Developer Utility Company shall regularly read the WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 24 meters, and shall have the authority to enforce the limitations on water deliveries to each Lot set forth herein pursuant to the provisions of Article XIV hereof. In addition, the Developer Utility Company may terminate water deliveries to any Lot that has for two consecutive months exceeded its maximum monthly entitlement to water from Well No. 1 as set forth in this section 10.01.11. 10.01.12. Installation of Facilities. Subject to the provisions of Section 10.01.09, the Developer Utility Company shall install at its own expense the power source, meter, pipelines and other facilities in and to Well No. 1 to serve Lots 6, 7 and the Association. Each lot owner and the association shall be charged a tap fee in accordance with a utility fee and rate schedule prepared by the Association. 10.02 Conservation. Declarant recognizes that water is scarce in Colorado and desires to promote water conservation practices wherever practicable throughout the development of the Lots. To that end, Owners and their agents are encouraged to meet as early as possible with the ACC to determine the best possible use of water conservation methods for the Owner's particular proposed Improvement(s) including, but not limited to, placement of Improvements on the Lot, use of native or drought -tolerant grasses to minimize the need for irrigation and the use of water conservation devices within the Improvements. 10.03 Fire Protection. A water supply for fire protection purposes within the Subdivision is provided by a Fire Protection System comprised of a Fire Protection Pond located at the north end of the access road as shown on the Subdivision plat, water lines, hydrants and other related facilities. The water supply for the Fire Protection Pond shall be provided from Well No. 1, as described in sections 10.01.09 — 10.01.12, herein. The Association shall be responsible for maintaining the Fire Protection System, including but not limited to filling and maintaining the Fire Protection Pond, at all times. 10.04 Potable Water Treatment Monitoring. To the extent that reverse osmosis or other water treatment systems are required to be installed for improvements on each Lot, the Association shall annually inspect the condition of each such system within the Subdivision to ensure that each such system is functioning properly to supply potable water to such improvements. If required by the Association, a Lot Owner shall make such repairs or improvements to the water treatment system as are necessary to provide potable water. 10.05 Sewage Collection/Wastewater Service Disclosure. Sewage treatment service is provided to each Lot within the Subdivision pursuant to individual agreements between the Lot Owner and an entity to be formed by Developer referred to herein as "Developer Utility Company" or "DUC." The terms of all such agreements shall not be inconsistent with, and shall be subject to all terms and conditions of that certain Wastewater Service Agreement WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 25 between Developer and Wastewater Treatment Services, LLC, dated September 5th, 2000, and recorded at Book 1207, Page 944, as Reception No. 569519 in the records of Garfield County, Colorado (referred to herein as the "Wastewater Agreement"). Wastewater Treatment Services, LLC, is a private limited liability company entitled to establish rules and regulations for the provision of wastewater treatment services, and is not subject to rules or regulations affecting public utilities. The Wastewater Agreement requires assignment by the Developer and acceptance by the Developer Utility Company of all rights and obligations of the Developer under the Wastewater Agreement. The Wastewater Agreement provides, in part, that the Developer Utility Company will be responsible for managing and administering wastewater treatment services within the Subdivision, including administration of the Developer Collection System by assuming the obligations of the Developer under the Wastewater Agreement, including the provision of adequate insurance coverage naming Wastewater Treatment Services, LLC, as an insured party or individual bonds on a per lot or use basis providing coverage against system contamination or damage. The individual agreements bet -ween the Lot Owner and Developer Utility Company will provide that, in exchange for providing wastewater treatment services to each Lot, the Developer Utility Company will assess each Lot Owner an amount reasonably necessary to cover all costs associated with the provision of such utility services. Any unpaid assessments shall become a lien against the Lot, enforceable by the Developer Utility Company in the manner set forth in Section 7.07 hereof, except that the DUC, rather than the Association, may record and foreclose the lien. The Developer Utility Company shall monitor the amount and quality of the wastewater produced by each Lot and shall have the authority to take whatever actions are reasonably necessary to ensure compliance with the individual agreements as well as the Wastewater Agreement. In order to comply with requirements of the Wastewater Agreement, (a) use of the Subdivision is limited to a single restaurant, provided that all contaminants, including undigested food and grease, will be collected and disposed of by a separate collection system, and (b) high volume of wastewater producers such as dentist offices, laundromats, hotels, motels or motor vehicle service stations will be prohibited within the Subdivision. In addition, no non-domestic wastes may be disposed of through the central sewer system. All Lot Owners shall at all times be in compliance with this and all other applicable provisions of their individual agreements with the Developer Utility Company and the Wastewater Agreement, as the same may be from time to time amended. ARTICLE XI EASEMENTS FOR ACCESS AND UTILITIES 11.01 Access. The Declarant hereby reserves, grants and establishes for the benefit of each Lot and all Lots within the Subdivision a nonexclusive, common and perpetual easement WESTERN SLOPE-Poweriine covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 26 for ingress and egress over and across such Lots as are burdened with the access road as shown on the final plat of the Subdivision. Alternatively, Declarant reserves the right, at its discretion, to dedicate such roadway to the public, subject to the Association's obligation to maintain and repair the road. 11.02 Utilities. The Declarant hereby establishes for the benefit of each Lot and all Lots within the Subdivision nonexclusive, common and perpetual easements for the location of utilities, including but not limited to water, sewer, electricity, gas, telephone, telecommunication, and cable service. The location of such easements shall be in conformity with the final plat for the Subdivision, these covenants, and the approval of the ACC. 11.03 Maintenance of Easement Areas; Shared Expenses. The Association is authorized to retain, hire or otherwise contract with one or more persons or entities, from time to time and as needed, to service, maintain, repair and improve the access road and right of way described on the final Subdivision plat, provided, however, that Declarant shall bear the cost of initial construction of any extension of said access road beyond Lots 1, 2 and 8. Services for which the Association shall be responsible shall include, without limitation: snow and ice removal, sanding, resurfacing, striping, painting, and similar services, as well as landscaping within the Landscape, Utility and Drainage Easement along Highway 6, as shown on the final Subdivision plat. ARTICLE XII INSURANCE. EMINENT DOMAIN 12.01 All Owners shall keep and maintain fire and casualty insurance upon all Improvements upon their Lots to the full insurable value thereof, as well as public liability insurance and such other lines of insurance as may be necessary and proper to insure the risks associated with the activities upon an Owners' Lot. Each Lot Owner shall name the Association as an additional insured on all casualty and public liability insurance policies maintained for a Lot. 12.02 If there is a complete taking of a Lot by any governmental body, then the Owner of such Lot shall be excused from obligation under these covenants subsequent to the taking. A partial taking that does not extinguish a Lot Owner's interest in a Lot shall have no effect upon such Owner's rights and obligations hereunder. ARTICLE XIII TERM AND AMENDMENT WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and. Restrictions Page 27 13.01 Term. This Declaration, including all the covenants, conditions, and restrictions hereof, shall run with and bind all property and interests therein that are a part of the Subdivision for a period of twenty (20) years from the date hereof and thereafter shall be renewed automatically from year to year unless sooner amended or terminated as hereinafter provided. 13.02 Amendment. This Declaration may be amended or terminated by an instrument executed and acknowledged by each record Owner, evidencing the approval by four votes in the Association (based upon one vote per Lot) and recorded with the Clerk and Recorder of Garfield County, Colorado. Amendments made pursuant to the provisions of this Article shall inure to the benefit and be binding upon all property and interests therein that are part of the Subdivision. A certificate of a title insurance company qualified to do business in the State of Colorado or a licensed abstract company showing record Ownership of the land shall be conclusive evidence of such Ownership and status for voting purposes. ARTICLE XIV ENFORCEMENT 14.01 Enforcement Powers and Procedures. These conditions, covenants, restrictions, and reservations may be enforced, as provided hereinafter, by each Owner, as well as by the Association acting for itself or on behalf of all Owners, and by the Developer Utility Company. Each Owner, by acquiring an interest in a Lot, shall be conclusively deemed to appoint irrevocably the Association as his or its trustee for such purposes. Violation of any condition, covenant, restriction, or reservation herein contained shall give to the Developer Utility Company, the Association and to the Owners, or any of them, the right to bring proceedings at law or in equity against the party or parties violating or intending to violate any of the said covenants, conditions, restrictions, and reservations, to enjoin them from so doing, to cause any such violation to be remedied, or to recover damages resulting from such violation. In addition, violation of any such covenants, conditions, restrictions, and reservations shall give to the Association acting as the trustee the right to enter upon the premises on which the violation is occurring or has occurred and abate, remove, modify, or replace at the expense of the Owner thereof any structure, thing, or condition that may exist thereon contrary to the intent and meaning of the provisions hereof. Every act, omission to act, or condition that violates the covenants, conditions, restrictions, and reservations herein contained shall constitute a nuisance and every remedy available at law or in equity for the abatement of public or private nuisances shall be available to the Owners and the Association. In any such action to enforce these covenants, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. Such remedies shall be cumulative and not exclusive. The failure of the Owners, the Developer Utility Company, or the Association to enforce any WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 28 of the conditions, covenants, restrictions, or reservations herein contained shall in no event be deemed a waiver of the right to do so for subsequent violations or of the right to enforce any other conditions, covenants, restrictions, or reservations, and the Owners or the Association shall not be liable therefor. The Developer Utility Company shall have the additional enforcement authority set forth in Article X hereof. ARTICLE XV MISCELLANEOUS PROVISIONS 15.01 Severability; Construction. Invalidation of any of these covenants or any provision hereof by a court of competent jurisdiction shall not affect any of the other provisions hereof which shall remain in full force and effect. 15.02 Government Regulations. If an applicable county, municipal, or other governmental regulation, rule, code, ordinance, or law is more restrictive in any respect than these covenants, it shall supersede these covenants and govern at all times. 15.03 Paragraph Headings. Paragraph headings, where used herein, are inserted for convenience only and are not intended to be a part of this Declaration or in any way to define, limit, or describe the scope and intent of the particular paragraphs to which they refer. 15.04 Notice. Any notice required or permitted herein shall be in writing and mailed, postage prepaid by registered or certified mail, return receipt requested, or hand delivered, and shall be directed as follows: If intended for a Lot Owner or their designated representative, then: (1) to the mailing address furnished by the Lot Owner to the members of the Association; or (2) if no mailing address has been specifically furnished by a Lot Owner to the members of the Association, then to the Lot itself if the Lot is improved and occupied by the Lot Owner; or (3) if the Lot is unimproved or not occupied by the Lot Owner, then to the mailing address of record for the Lot Owner maintained in the records of the Garfield County Assessor. 15.05 Singular and Plural. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires. 15.06 Incorporation of Plat Notes. All notes, terms and conditions set forth on the recorded Final Plat of the Subdivision are incorporated herein by reference. To the extent a conflict arises between these covenants and the notes, terms and conditions of the final plat, the notes, terms and conditions of the final plat shall control. WESTERN SLOPE-Powerline covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 29 15.07 Covenants Run with the Land. The covenants, conditions and restrictions set forth in this Declaration shall run with the land described in Exhibit "A," such being all of the Lots within the Subdivision, and shall be binding upon and benefit all persons having or acquiring any interest whatsoever in said real property or any part thereof, and shall inure to the benefit of, be binding upon, and enforceable at law or in equity, as set forth hereinafter, by the Declarant, its successors in interest and grantees, each Owner and his or its successors in interest and grantees, and the Association acting on behalf of all Owners. 15.08 No Public Dedication. Unless otherwise expressly stated herein, nothing herein shall constitute or be construed as a dedication for the public. IN WITNESS WHEREOF, the Declarant executes this Declaration of Covenants, Conditions and Restrictions for the Powerline Professional Park Subdivision this day of , 2000. STATE OFCOLORADO ) } COUNTY OF GAR.FIELD ) ss. DECLARANT: WESTERN SLOPE DEVELOPMENT CORP. a/k/a Western Slope Development Ltd. (a Mississippi corporation) By: obert O. ein, President The foregoing instrument was acknowledged before me this J day of De(eirttier 2000, by Robert O. Klein in his capacity as President of Western Slope Development Corp., a/k/a Western Slope Development Ltd., a Mississippi corporation, the Declarant. Witness my hand and official- , , y ' ommission expires: 7 Ce WESTERN SLOPE-Powerline covenants -4 My Commission Expires 0717nor n4 EXHIBIT 3 • arm tit., WS -2 PL.lCANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION QF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman Si, Denver. Colorado 80203 (303) 368-3581 ROBERT 0 KLEIN BOX 1198 Ri7 LE, CO 81650- (970) 876-5242 ERMIT TO CONSTRUCT A WELL 634 WELL PERMIT NUMBER 053267 DIV. 5 WD 39 DES. BASIN MD Lot: Block: Filing: Sutdiv: POWERUNE PROFESSIONAL. PARK APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 1524 Ft. from South 1913 Ft. from West Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, en the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #9908092RK(a). The use of ground water from this well is limited to drinking and sanitary purposes inside commercial businesses. All use of this well will be curtailed unless the water allotment contract or a pian for augmentation is in effect. 5) The maximum pumping rate of this welt shall not exceed 15 GPM. 3) The average annual amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) The owner shah mark the well in a conspicuous place with well permit number(s). name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 3) This well shall be constructed at least 600 feet from any existing well tnat is not owned by the applicant and not more than 200 feet from the location specified on this permit. 9) A totalizing flaw meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) This permit has been approved with an annual diversion amount not to exceed 1 acre-foot as specified in the West Divide Water Conservancy District water allotment contract. Additionally the well location has been amended pursuant to the letter dated January 24, 2000 from Western Siope Development. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) zif APPROVED JD2 DATE ISSUED FEB 0 8 2000 Receipt No. 0455504A State Engineer— rz) B EXPIRATION DATE Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Slug., 1313 Sherman St., Denver, Coicrado 80213 (303) a66-3581 ROBERT 0 KLEIN BOX 1198 RIFLE, CO 81650- (970) 876-5242 HERMIT TO CONSTRUCT A WELL 634 WELL PERMIT NUMBER 053263 - F DIV. 5 WD 39 DES, BASIN MD Lot: Block. Filing: Subdiv: POWERLINE PROFESSIONAL PARK APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION L)NES 2130 Ft. from South 1905 Ft. from West Section Line Section Line 3) 5) 6) 7) 8) 9) 10) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Weil Construction and Purnp Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the construction of a welt, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, an the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply pian, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect. or under an approved plan for augmentation. WDWCD contract #9908093RK(a). The use of ground water from this well is limited to drinking and sanitary purposes inside commercial businesses. All use of this well wild be curtailed unless the water allotment contract or a plan for augmentation is in effect. The maximum pumping rate of this well shall not exceed 15 GPM. The average annual amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. This well shall be constructed at !east 500 feet from any existing well that is not owned by the applicant and not more than 200 feet from the location specified on this permit. A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at !east annually) and submitted to the Division Engineer upon request. This permit has been approved with an annual diversion amount not to exceed 1 acre-foot as specified in the West Divide Water Conservancy District water allotment contract. Additionally the well location has been amended pursuant to the letter dated January 24, 2000 from Western Slope Development. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance. pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) -'—}cry APPROVED J02 Receipt No. 04555048 State Engineer 1 DATE ISSUED r- E © 0 6 200U By :- r-� •� EXPIRATION DAT - Fort Nro. GWS -25. APPf (CANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 centimes' 8teg., 1313 Sherman $t., Denver, Colorado 80203 (3fl3) 868-3581 ROBERT 0 KLEIN BOX 1 198 RIFLE, CO 81650- (970) 1650 (970) 876-5242 IERMfT TO CONSTRUCT A WELL WELL PERMIT NUMBER 052691. DIV. 5 WO 39 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 114 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINE 2259 Ft. from South 2125 Ft. from West Section Line Section Line 1} t} ISSUANCE OF THIS PERMIT GOES NOT CONFER A WATER RIGHT CONDRIQN$ OF APPROVAL This well shall be used in such a way as to cause no material iriuryr to existing water rights. The issuance of Mit permit eces not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. ;) Approved pursuant to CRS 37-90-137(2) for the construction of a well. appropriating ground water tributary to the Colorado River. as an alternate point of diversion to the Avalanche Canal and Siphon. on the condition that the well shalt be operated only when the West divide Water Conservancy Cistrict's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the 'Nest Divide Water Conservancy District for the release of reptacement water from Ruedi Reservoir is in effect. or under an approved plan for augmentation. WDWCD contract .#990612RK(a). me use of ground water from this welt is limited to drinking and sanitary purposes inside commercial businesses. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. The maximum pumping rate of this well shall not exceed 15 GPM. The average annual amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). The owner shalt marls the well in a conspicuous place with well permit number(s), name of the aquifer, and court case nurnber(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. This well shall be constn cted at [east 600 feet from any existing well that is not owned by the aopticant and not more than 200 feet from .he vocation specified on this permit. A otaiizing `low meter must be installed on this well and maintained in good working order. Permanent records of all diversions ,rust be maintained by the well owner (recorded at :east annually) and submitted to the Civision Engineer upon request. This permit has been approved with an annual diversion amount net to exceed 1 acre-foot as specified in the West Divide 'Nater Conservancy Cistrict water allotment contract. You are hereby notified that you have the right to appeal the issuance of this permit. by filing a written request with this office within sixty (160) days of the date at issuance, pursuant to the State Administrative Procedures ACt (See Section 24-4-104 through 106. C.R.S.) Monitoring *rote notice MH -3701 3. was acknowledged for construction of a monitoring artd ooservaticn nose for this applicant, in this 114. 114, on September 24. 1999.4dr0 (Citgir } PROVED W ei. t No. 045119 slate cnpneer vj OAT ISSUED V C T 2 1 41 Si1 PY y 4SCT 1 -FtAT •lv MAT - 1 Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURC 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (3031856-3581 APPLICANT ROBERT O. KLEIN P.O. BOX 1198 RIFLE, CO 81650- LIC WELL PERMIT NUMBER 54864 -F DIV_ 5 WD 39 DES. BASIN MD C., Lot: Black: Filing: Subdiv: POWERLINE PROFESSIONAL PARK 4c (970) 876-5442 CHANGEIEXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 114 SW 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 2559 Ft. from South 2125 Ft. from West Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the expansion of use of permit no. 054046-F (cancelled) for the use of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #990612Rk(a). 4) Issuance of this permit hereby cancels permit no. 054046-F, previousley issued for this parcel, 5) Approved for the installation of a pump in, and the use of, an existing well, constructed on September 30,1999, under monitoring hole notice MH -31013. S) The use of ground water from this well is limited to drinking and sanitary uses inside 8 commercial units. The storage of 180,000 gallons of water for fire protection and the evaporative losses associated with said storage. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 7) The maximum pumping rate of this well shall not exceed 15 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed 3.53 acre - feet. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 13) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request_ 12) This permit has been approved for the amended uses as described in conditions 6 and 8 above.. You are hereby notified that you have the right 10 appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-304 through 106, C.RS.) 2-41 /lH--©0 APPROVED SAP `Receipt No. 9500341 State Engineer DATE ISSUED DEC 12 20 B EXPIRATION DAT WESTERN SLOPE DEVELOPMENT CORP. III neunEeun:1 uo@nernue. Direct: 975.576.5242 Fax: 975.576.5525 Cell: 975.379.6666 November 27, 2000 Garfield County Attn: Jeff Lourien 109 8th St. Glenwood Springs, CO 81601 RE: Powerline Professional Park , Weed Management Plan In response to condition No. 8 of Resolution 2000-82, concerning weed management, no noxious weeds have been identified on the property. In the spring of 2001 a weed inventory will take place to determine if any chemical mitigation measures are necessary. If required, chemical herbicide will be applied by type and rate as determined by a certified professional in the field of weed management. Please contact me if you have any further questions. EXHIBIT 4 safetijkIecu® January 27, 2000 Mr. Bob Klein Western Slope Development P.O. Box 1198 Rifle, CO 81650 Re: Safety-Kleen Systems, Inc. Request for EPA Regulations Mr. Klein, Per our conversation, attached are copies of the Federal Guidelines as established by the Environmental Protection Agency (EPA) under 40 Code of Federal Regulation (CFR) Parts 261 and 264. As I stated during our conversation, I have copied sections that will give you the initial pertinent information based on the type of waste collection operation you intend to implement. I have highlighted several key sections for you to review which should aid you in your decision making process. Also attached are some brochures that gives an overview of the types of waste streams that Safety-Kleen can handle and properly dispose of in accordance with all local, state and federal requirements. Safety- Kleen is the industry leader in handling and disposing of ha.ardous wastes. Safety-Kleen has the permits and capabilities to handle all wastes streams with the exception of radioactives, explosives and biological wastes. The majority of wastes received from generators can be recycled, but we also offer other disposal technologies such as fuels blending, thermal destruction and incineration plus land -filling if other technologies are not available. Certificates of Destruction can be supplied on special wastes. 1 have taken the liberty of supplying you with brochures that describes the services and benefits to utilizing Safety-Kleen, but if you need us to supply a second set to Mr. John Barbee we will be happy to do that as well. 1 hope that when you make you final decisions, Safety-Kleen is considered as the company to provide your environmental disposal needs. Please call me at 970-241-1343 for any question, concerns, additional subjects or to request start-up service. Sincerely, t cott Bonner Branch Manager vrt,+' enclosures 368 BONNY STREET GRAND JUNCTION, CO 81501 970/241.1343 PRINTED ON RECYCLED PAPER EXHIBIT 6 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 30 regulations for the provision of wastewater treatment services, and is not subject to rules or regulations affecting public utilities. The Wastewater Agreement requires assignment by the Declarant (as Developer) and acceptance by the Developer Utility Company of all rights and obligations of the Declarant (as Developer) under the Wastewater Agreement. The Wastewater Agreement provides, in part, that the Developer Utility Company will be responsible for managing and administering wastewater treatment and disposal services within the Subdivision, including administration of the Developer Collection System by assuming the obligations of the Developer under the Wastewater Agreement, including the provision of adequate insurance coverage naming Wastewater Treatment Services, LLC, as an insured party or individual bonds on a per lot or use basis providing coverage against system contamination or damage. The agreement between the Association and the Developer Utility Company shall provide that, in exchange for providing wastewater treatment and disposal services to each Lot, the Developer Utility Company shall assess each Lot Owner an amount reasonably necessary to cover all costs associated with the provision of such utility services. Any unpaid assessments shall become a lien against the Lot, enforceable directly by the Developer Utility Company as set forth in Article VI hereof. The Developer Utility Company shall monitor the amount and quality of the wastewater produced by each Lot and shall have the authority to take whatever actions are reasonably necessary to ensure compliance with the Association agreement as well as the Wastewater Agreement. In order to comply with requirements of the Wastewater Agreement: (a) use of the Subdivision is limited to a single restaurant, provided that all contaminants, including undigested food and grease, will be collected and disposed of by a separate collection system; and (b) high volume of wastewater producers such as dentist offices, laundrornats, hotels, motelsor motor vehicle service stations will be prohibited within the Subdivision. In addition, no non-domestic wastes may be disposed of through the central sewer system. All Lot Owners shall at all times be in compliance with this and all other applicable provisions of the Association's agreement with the Developer Utility Company and the Wastewater Agreement, as the same may be from time to time amended. ARTICLE XIII EASEMENTS FOR ACCESS AND UTILITIES 13.01 Access. Declarant has dedicated to the public all streets and roads as shown on the final plat of the Subdivision, subject to the Association's obligation to maintain and repair the road. 13.02 Utilities. The Declarant hereby establishes for the benefit of each Lot and all Lots within the Subdivision nonexclusive, common and perpetual easements for the location of utilities, including but not limited to water, sewer, electricity, gas, telephone, telecommunication, and cable service. The location of such easements shall be in conformity with the final plat for the Subdivision, these covenants, and the approval of the ACC. W EsSTERNSLOPEi-Powerl inc covenants -5 MEMORANDUM To: Jeff Laurien From: Steve Anthony Re: Comments on Powerline Professional Park Date: December 15, 2000 Jeff, Thanks for the opportunity to comment on John Barbee's response to condition 8 of resolution 2000-82. John's commitment to conduct a weed inventory and follow-up treatment is appreciated. In addition 1 agree with the Bookcliff Soil Conservation District's comments on revegetation. In the time since we first reviewed this project, we have been commenting more specifically on revegetation in the review of other projects. If it is not late in the process, I offer the following comments on revegetation. The applicant should submit a detailed, written Revegetation Plan that addresses the successful establishment of vegetation in all disturbed sites. These sites may include new road cuts, utility line placements (water line and common trench), culverts, and various valves and hydrants, Any proposed disturbance should be included in a Plan that commits to reestablishing vegetative ground cover on that disturbance. The Revegetation Plan should include: Plant material list (common and scientific name) Planting schedule Methods and techniques (including mulching -certified weed free straw or hay) List the party responsible for revegetation for specific disturbances if different than the Applicant (Le. utility companies) . • For additional information on revegetation strategies, please refer to Section 4.O6, Garfield County Revegetation Guidelines, from the Garfield County Noxious Weed Management Plan (adopted by BOCC on May 1, 2000)