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HomeMy WebLinkAbout2.0 CorrespondenceGarfield County Engineering Department Memo To: Mark Bean, Planning Department Director From: Jeff T Nelson CC: Randy Withee Date: 07/26/01 Re: Engineering review of "final plan documents for POWERL/NE PROFESSIONAL PARK"dated 9-6-00 and 6-18-01. Mark, I have reviewed the above-mentioned drawings and engineers estimate. l have the following comments before 1 can recommend the project be approved for construction. 1. General: 1.1. The plan sets submitted during the review process have been irregular. I now have three different sets of plans that are not concurrent. In short, the second set of plans did not have major information supplied on the first set of plans. The third set of plans did not have major information submitted on the second set of plans. Submittals like this make the review process lengthy and create unnecessary difficulties for all involved. 2. Sheet 2 of 8; Final Plat: 2.1. Change label-POWERLINE WELL #1 54864F" to POWERLINE WELL #1 52691F this will match well permits in submittal. 2.2. Add note: 12. Each lot owner is responsible for constructing a proper detention pond. A licensed engineer in the state of Colorado shall design and size detention pond then submit it for approval to the Garfield County Building Department and Engineering Department. For detention pond sizing data, see POWERLINE PARK application manual. 3. Sheet 3 of 8; grading, drainage, and erosion control plan 3.1. Add note stating all re -vegetation shall be in accordance with Garfield County pest and weed department. Call Steve Anthony @ 625-3969 for further information. 4. Sheet 5 of 8: Master Utility plan: 4.1. Raw water system design shall match the water service plan submitted inside the POWERLINE preliminary plan dated 5.20.00. The wells and lots they service do not match between the water service plan and the engineer's design plans. Please correct this and make sure the design is in accordance with the well permits. 4.2. Note number five has not been corrected per previous comments. Please correct. 4.3. The fire line design profile has been removed from the plan set. Please add back to plan set and revise accordingly per all previous comments. Page 1 of 2 C.: Pfoiec}Ss\Dower1 ne oariAreview{}4.doc 4.4. The raw water system shall have the reverse osmosis system installed at each pump house by the developer. This will make the system potable to the lot owners. Revised plans accordingly per pervious conditions of approval. Add details of reverse osmosis system to the details of the pump house. 4.5. See attached red Tined drawings for comments. 5. Engineers Estimate: 5.1. See attached red lined engineers estimate for comments. If you have any questions or comments, please do not hesitate to call. 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M SIN 1191, RIFLE CI 11658 Ske@eNYaN.eH Direct: 911275.5242 Fat 911.t16.5tYi Cell: 910.319.6566 December 6, 2000 Garfield County Attn: Jeff Lourien 109 8th St. Glenwood Springs, CO 81601 RE: Powerline Professional Park Dear M'r, Lourien, RECEIVE f) 7 2000 icF ' cy`7 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. Sincerely, ly, ,"' / Robert Klein WESTERN SLOPE DEVELOPMENT CORP. December 1, 2000 Garfield County Attn: Jeff Lourien 109 8th St. Glenwood Springs, CO 81601 PI III 1199, IIFII CI 81650 SkC@reel■age.Cee Ilrect; 976676.5242 Fax: 970.976.5925 Call: 971,379.6666 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 Poweriine 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 their powerline 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 or transformer. 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 Collection/Wastewater Service Disclosure, requires each lot owner to have separate individual agreements between the lot owner and the Developer Utility Company (DUG). See Exhibit 2 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 grays 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 1 \ /VA and rates, schedule of treatment, plans of follow-up, and name of applicator that will do the work A letter 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 180,000 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. Afire storage pond has been constructed with 180,000 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 1 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. ( (IV 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. RO 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. 19. 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-kieen 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. 21. 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. ASubdivision 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. School Site Acquisition fees have been provided for within the SIA. The total due is $1,600. 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 Tots 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. 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 I. 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 semc . 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 hive (5) miles of the City's Colorado River municipal intake structure. l.i20001DoeuntemsiRSl LE-Powerline-WatershedPernut.w1M November 9, 2000 -l- EXHiBIT 7 s 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 Leavenworth, the City Attorney. 8. A letter dated July 27, 2000 from Paul Bussone s Consulting Engineer (the "Bussone Letter"), a copy of which is attached hereto s Exhibit B and incorporated herein by this reference, was also presented. Pursuant to his revie - tion 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 fmds 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). S : \2010011?ocuccenls1R I Y L G -rower I ice- W arc rsher.1 Pe rm ii. wpd 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. 1,12000Y DocumentslKlFLE-Powerlinie-Watershedpermit.w0 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 167L day of Novmeber, 2000. CITY OF RIFLE, COLORA 0 �qR.���ti+, BY sir �r.:- ATTEST: �,. if gr ► T i G+ City Clerk ¶ )N -r( Accepted and agreed IS day of November, 2000. I: V.0 ,Docommis\RIHLE-Power3ice-WatershedPennit.wpd %welcher 9, 2900 WESTERN SLOPE IE V • 'MENT COMPANY By -4- Title; WESTERN SLOPE DEVELOPMENT CORP. Manee. IIRE Cl 81651 sre@•wl.ae•.e•■ Direct 971.876.5242 Fax: 971.876.5825 Cell: 978.379.6666 November 27, 2000 Garfield County Attn: Jeff Louden 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. Sincere) John Baee EXHIBIT 4 EXHIBIT 3 Form N; •, GWS -2 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISIONOFWATWATER RESOURCES ar1g (303)966-3581 ROBERT 0 KLEIN BOX 1198 RC—LE, CC 81650- (970) 876-5242 °'ERM1T TO CONSTRUCT A WELL 1 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL t 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 I water right from seeking relief in a civil court action. A2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval f of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado 1 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 pi 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). w4) 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 plan for augmentation is in effect. 1 5) The maximum pumping rate of this well shall not exceed 15 GPM. 515) The average annual amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) 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. rib) This well shall 'oe constructed at least 600 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. 1 9) 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. `.10) This permit has been approved with an annual diversion amount not to exceed 1 acre-foot as specified in the West Divide 1 Water Conservancy District water allotment contract. Additionally the well location has been amended pursuant to the letter ed that you have the right to appeal the 71 dated c January 24. 2000 from n a writtenrn npe request with this. You are office within hereby ixty (60)fdays of the date oissuance, pursuant to issuance of this permit, by g the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) . n , ,-J,y`•`, 634 WELL PERMIT NUMBER 053267 - 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 LINES 1524 Ft. from South 1913 Ft. from West Section Line Section Line 1 5; 'APPROVED JD2 a �"5+ 01 State Engineer-' FEB$ Lei a EXPIRATION DAT�il 08 u ,Receipt No. 0455504A DATE ISSUED FP: - t No. WS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bkig„ 1313 Sherman St.. Denver, Colorado 80203 (303) 866-3581 ROBERT 0 KLEIN BOX 1198 RIFLE, CO 81650- (970) 876-5242 PERMIT TO CONSTRUCT A WELL 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 1 Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River. as an alternate paint 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. WOWCD 634 WELL PERMIT NUMBER 053263 - F DIV. 5 WD 39 DES. BASIN MD Lot Btock; Filing: Subdiv: POWERLNE 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 2130 Ft. from South 1905 Ft. from West Section Line Section Line contract #9908093RK(a). 4) The use of ground water from this well is limited to drinking and sanitary purposes inside commercial businesses. Ail use of this well will be curtailed unless the water allotment contract or a pian for augmentation is in effect. 4 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) 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. 8) This well shall be constructed at least 600 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, 19) 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. 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 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.) APPROVED IJD2 Receiot No. 04555048 State Engineer DATE ISSUED FEB U b 2UOU B EXPIRATION DATE tS U ForIi ,N --GWS•25. APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centutrval 94cg.. t3'3 Sherman Si,. Oen^rer, Colorado $10203 (3x1)368-1581 ROBERT 0 KLEIN BOX 1198 RIFLE, CO 81650- (970) t650- (970) 876-5242 3ERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shalt be used in such a way as to cause no material injury to existing water rights. The issuance of this permit Cees 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 civilcourt action. 2) The construction of this well shall be in compliance with the 'dater 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 construction of a well, appropriating ground water tributary to the Colorado River, as ar alternate point of diversion to the Avalanche Canal and Siphon. on the condition that the well shall be operated orry when tte West Divide Water Conservancy Cistriors substitute .mater supply plan, approved by the State Engineer, is in effect, and when a "rater allotment contract between tie +veil owr..er and Ire `Nest Divide Water Conservancy District for the release of replacement water frorri Ruedi Reservoir is 'n effect or under art approved plan for augmentation. WDWCO contract r990612Ri5(a). The .ase ci ground water from this weir is limited to drinking and sanitary purposes :nside commercial businesses. All use of this well will be curtailed unless the water allotment contract or a plan .`or augmentation s in effect. 7 -he maximum pumping rate of this well shall not exceed 15 GPM. The average annual amount of ground water to be appropriated snail not exceed one (1) acre-foot (325.850 gallons). The owner shalt mark the well in a conspicuous place with well pewit numbers), name of the aquifer, and court case number{s} as aoorooriate. The owner shall take necessary' means and precautions to preserve ;hese markings. This well shall be c nstr..cted at least 500 feet from any existing well 111at is not owned by the aoplicant and not rare than 200 feet from the location specified on :his permit. A ..otatizirg :tow meter must be installed on this well and maintained In;cod working order. Permanent records of all diversions Must be maintained by the well Owner (recorded at :east annualty) and submitted to the Division Engineer upon request. 10) This permit has been approved with an annual diversion amount riot to exceed 1 acre-foot as specified in the West Cfvide Water Conservancy Cistrict "rater allotment =ntract You are hereby notified that you have the right to appeal the issuance of :tris permit. by Sling a written request with :his circa within sixty (60) days of the :.ate of issuarrce, pursuant to the State Administrative Procedures AC (See Section 24-4-104 through 106, C.R.S.) 11) Monitonng hole notice .101-37013, was acknowledged for canstrt.cticrt of a monitoring and observation .tole `Or this. acplicant, in this 1/4. 114, on September 24. 1999.. E} 1) WELL PERMIT NUMBER 052691 - F DIV. 5 WD 39 DES. BASIN MO 1095 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 LINE$ 2259 Ft. from South Section Line 2125 Ft. from West Section Line } 'PRCVEC K,1W t No 0451198 Stairgrr�eer CATs ISSUED O C I G t 1 By Ji*TI N kt7 XPlRAT IONQAT CT Form No. OFFICE OF THE STATE ENGINEER ,, GWS -25 COLORADO DIVISION OF WATER RESOURCE 818 Centennial Bldg-, 1313 Sherman St., Deriver. Colorado 80203 (303) 866.3581 APPLICANT ROBERT O. KLEIN P.O- BOX 1198 RIFLE, CO 81650 - Lot: U Dec LIC WELL PERMIT NUMBER 54864 -F DIV- 5 WD 39 DES. BASIN MO Block: Filing: Subdiv: POWERLINE PROFESSIONAL PARK APPROVED WELL LOCATION r GARFIELD COUNTY ' NE 1/4 SW 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. (970) 876-5442 CHANGE/EXPANSION OF USE OF AN EXISTING WELL 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 Wel) 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 weli, appropriating ground water tributary to the Colorado River, as an alternate paint 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 -37011 ll is limited to drinking and sanitary uses inside 8 commercial units. The storage of DISTANCES FROM SECTION LINES 2559 Ft. from South Section Line 2125 Ft. from West Section Line ti The use of ground water from this we 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. 11) 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 to appeal the issuance of this permit, by filing a written request with this office within sixty (6i0) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 22404 through 106, C•R•S.) APPROVED SAP `Receipt No. 9500341 State Engineer DATE ISSUED DEC 12 2010 e EXPtRA-PON DAT 1 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 9U 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, ax 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: c,LP 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-SEA-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 W ESTERNSLOPE-SIA-1 i / o c k &L � t ✓� �� .... 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 obstructions) 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 #452691 -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 dis ibution system shall be established pursuant to the said Declaration of Covenant , etc. and as shown on the Final Plat. ,..,f 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. t. ' b 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-SR-1 PO'WERLINE 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 actually 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 xhibit:.0-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, WEs'fENlvSLOPES1A-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. CZ 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 W ESTERNSLO1E-SIA I 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-S EA- 1 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 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 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. WESTERNSLQPE-SIA-1 POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 9 of 9 IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date first set forth above. DEVELOPER: WESTERN SLOPE DEVELOPMENT CORP. a/k/a 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 POWERLINE PROFESSIONAL PARK SUMMARY OF PROBABLE CONSTRUCTION COST June 15, 2001 HEM Grading& Earthwork Mobilization Earthwork 3" Asphalt 6" Class 6 ABC 12" Class 3 ABC Pond Lining Storm Drains 24" NDS N-12 24" ADS Flared End Section 1C_ QUANTITY 1 L.S. 1 L.S. 2,192 S.Y. 600 C.Y. 1620 C.Y. 7,000 S.Y. Domestic & Fire Water *Price includes trenching and fittings 8" DIP Fire Waterline 2" Polyethylene Waterline 1" Water Service Fire Hydrant Assembly Pump Houses Pump House Appurtenances Fire Supply Intake Fire System Pump & House Sanitary Sewer $" SDR 35 Sewer Pipe 4' Dia Concrete Manhole 4" SDR 35 Sewer Service Connection to Existing Manhole 2" Polyethylene Force Main 2000 GPD Lift Station 70 L.F. 2 Each 650 L.F. 100 L.F. 8 Each 2 Each 3 Each 3 Each 1 Each 1 Each 610 L.F. 5 Each 8 Each 1 Each 600 L.F. 1 Each ] rz UNIT COST COST 00,53 ez5 $ 9,000 $ 8.85 $ 7.00 $ 5.00 $ 5.00 $ 20.00 $ 180 $ 10.00 $.:' 1,750,t? $ 1-;8--� 2.co0 ae'" $ 1,000 $12,266 $ 10.0.0 4147-42 $..--1,000 iie&o4:4 $ 500 , $ 546 C oo0i?. $ 46 $ 7,00,0 1 if, 04 • $ 1,000 $ 9,000 $ 19,400 $ 4,200 $ 5,500 $ 3,500 $ 1,400 $ 360 $ $ 3;699 $ V9er- $ 3,000 —. $ 1,000 $12,266 $--1:0E10— $ U$ 4,000 $--- $ $ 730&--- Lv , 74-1 T 1.1 EM 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 TopsoilManagement 1 Each $ 1,000 $ 1,000 Miscellaneous Surveying & Construction Admin. 1 L. S. $ 5,000 $ 5,000 Class 1 Ground Sign 1 Each $ 100 $ 100 Sub total._ $130,376 10% Contingency: $ 13,038 Total: $143,414 This summary of probable construction cost was prepared for estimating purposes only. - Lot 1. 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 of 210.11 feet to a rebar & cap LS No. 10871 in place; thence 5 63 - 41' - 15" W a distance of 419.85 ffet 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' - 3T' 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 parcel of land situated in the N 1/2 SW 1/4 of Section 11, Township 6 south, Barge 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; 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 5 43 - 06' - 59" W a distance of 3.78 feet to a rebar & cap LS No. 13501 in place; Lot 3. A paecei 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 descried 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 157535 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 5 43 - 06' - 59" W a distance of 3.78 feet to a rebar & cap LS No. 13501 in place; thcn$ e �01 -01' � E adistance 73 feet 477.72 feet to a rebar to a rebar & cap LS No. 13501 in place; thence S 8 & cap LS No. 13501 in place; thence 5 00 - 17' - 19" W a distance of 137.58 feet to point ofbegin.ning; thence continuing along S 00 - 17' - 19" W a distance of 200.04 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 S 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 II/L0 39dd A3G99dJ99'.90999bI 0000000000 sE:rt 000zi8iii Lot 4. A paecel of land situated in the N 1/2 SW 1/4 of Section 11, Township 6 south, Range 93 west ofthe 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; thence 5 00 - 16' - 41" W a distance of 3.78 feet to a re=ar & 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 - 01' - 28" E a distance of214.71 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 S. A paecel of land situated in the N 1/2 SW 114 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 beginirming; 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; Lot 6. A paecel of land situated in the N 1/2 SW 114 of Section 11, Township 6 south, Range 93 west ofthe 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 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; TT/80 30,1d EXIIIBIT A Page 2 A3Q 9dJ9099909V1 0000000000 8E:tt 0002/8Z/TT Lot 7. 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, ski 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 5 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 8. A parcel 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 comer of said Section 11; thence S 89 - 43 - 19 E along 1 the e asdace west centerline of said Section 11 a distance of 1575.35 feet to a rebar & cap LS No.g P and point of be /u inning; 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; IT/60 3Jtd EDIT A Page 3 0000000000 BETTY ONZ/BITT 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. Arrnm"P, gliz19598 -+ ..,.J._ :•.N.....,..-. /t i;164�t.![pii� l":rrl 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness Drive East Ste B-144 Englewood, CO 80112 phone 303 925-0544 • far 303 925-0547 WESTERN SLOPE DEVELOPMENT CORP. P8 SIX 1198, RIFLE CI 81658 Str@eneimage:tem Direct 910.816.5242 Fax: 978.816.5825 Cell: 910.319.6666 STATEMENT OF COST POWERLINE PROFESSIONAL PARK INFASTRUCTURE FOR PHASE 1,2 &3 12/06/00 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 $5,000 $10,000 $5,000 $17,000 $17,000 TOTAL COST E� $65,000 $25,000 $41,000 ��'} • •;1 tet+► aw.�r• 11 fir a Pit P E P BY: W ELOPMENT EXHIBIT B FIRST MORTGAGE INVESTORS, LTD. December 6, 2000 2721 PIEDMONT ST, KENN E R LA 70062 TEL 504 441 6441 FAX 504 467 0077 WESTERN SLOPE DEVELOPMENT P. O. Box 1198 Rifle, Co., 81650 GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS 109 8TH ST. Glenwood Springs, Co, 81601 Attention Mr. William Mc Partland Treasurer Re: Loan Commitment April 28, 2000 Subject:Powerline 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 SILTY 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. Yours Very Truly First M - rrgage Investors Ltd. B aures A Namias, President Accepted tern lope Devlopmen By: William Mc Part a +, Treasu Dare WESTERN SLOPE DEVELOPMENT CORP. P1 8881101I11.E081858 SYt@n.imai•.eu■ Erect 911118.5242 Fax: 811.811.5825 eewrnan.sus 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: BY: 1. 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. WESTE ` SLOPE DEVELOPMENT NEC. 13. 2000 8: 1441 NO, 9397 P, TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. HEADQUARTERS: P.U. BOX 33695 DENVER, COLORADO 80233-0695 (303) 452-6111 November 29, 2000 Mr. John Barbee Western Slope Development 838 County Road 210 Rifle, CO 81 652 Dear Mr. Barbee: RECEIVED DEC 1 4 2090 Tri-State has approved your drawings for the Powerline Professional Park Subdivision. Your plans were approved based on Tri -State's belief that you will follow the uidelings and -restrictions stated in crossing license TSL -38-1-7,-99006 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. GRT STATION Pa BOX 1307 CRAIG, co 111er8-1307 (92D)15244411 We t -in 1o. - Development AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER A Touch cone €nerpy"C:o,(cnstivc mrctA STAMM P.O. sox 096 NUCL.A, co 81424.O696 (5170,1064-7716 January 27, 2000 Mr. Bob. Klein Western Slope Development P.O. Box 1198 Rifle, CO 81 650 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. 1 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 hazardous 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. I 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 9717-241-1343 for any question, concerns, additional subjects or to request start-up service. Sincerely, cots Bonner Branch Manager mit enclosures 368 BONNY STREET GRAND JUNCTION, CO 81501 970/241-1343 PRINTED ON RECYCLED PAPER EXHIBIT 6 rcOLORADU DEPARTMENT OF 112ANSPORTAT1ON CDOT Permit No. STATE HIGHWAY ACCESS PERMIT 399164 miliztozo Permit fee 300.00 State Highway NoIMp/Side 006D1093.500/L Date of transmittal 03/24/2000 Region/SectionfPatral Local Jurisdiction 03/02/10 Garfield County The Permittee(s); Applicant; Ref No. 99-035 Robert O. Klein John E. Barbee P.O. Box 324 501 North 7th Street Silt, CO 81652 Silt, CO 81652 970-876-5242 970-876-5242 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authoity 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 add 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: Mvltt-Use Development 150 ADT 100.00 % Other terms and conditions: * See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate focal authority retains issuing authority. Title Date (x) JO ' t Upon the signin: of t is permit the permttee a rees t the terms and conditions and referenced attachments contained herein. All con truction 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. By Date Permittee (x) 5I ,4B L & v (A) v Rv 1.L& PL '- This permit is not valid until signed by a duly authorized representative of the Department. COLO 'lee • DEPP RTMENNT OF TRANSPORTATION By (x) Date (of issue) 2-0770 Title Access Manager Copy Distribution: R iced: 1.Region 2.Applicant 3.Staff Access Section Make copies as necessary for. Local Authority Inspector MTCE Patrol Traffic Engineer EXHIBIT 5 Previous editions are obsolete and rnay not be used CDOT Form *101 8/98 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 perrnittee 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 inctude 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 fled 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 internal 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 from date of issue the permit wilt 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. Alt 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 shalt 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 shall 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 improper 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 all times during access construction, in conformance with the M.U.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 permittee's 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 0. 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 (MUTCD), 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 State Highway for a minimum 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 0. Klein TERMS AND CONDITIONS (cont.) grade for a minimum of 20 feet. If curb and gutter arc 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 / LFITLI i'ihS -3- STATE HIGHWAY ACCESS PERMIT 399164 10 October 2000 Issued to Robert 0. Klein TERMS AND CONDITIONS (cont.) 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 10 October 2000 Issued to Robert O. Klein TERMS AND CONDITIONS (cont.) 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 Permittee to prevent all livestock from entering the State Highway right-of- way at this access location. Any livestock that does enter the highway right-of-way shall be the sole responsibility of the Permittee. 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- WASTEWATER SERVICE AGREEMENT st, ,9000 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 SIope I)eveloprnent Company, a Colorado corporation ("Developer") and Cottonwood Springs LLC, a Colorado Limited Liability Company ("CWS"), (collectively the "Parties"). WI'INESSETI I: WI IEREAS, CWS owns certain real property presently used as a residential community Iocated in the County of Garfield, State of Colorado (the "CWS Property"); WI IEREAS, 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 PHJD under a now expired agreement; WI IEREAS, Developer is the owner of certain real property located in the County of Garfield, State of Colorado, as is more particularly described in Exhibit IIA" 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; WI IEREAS, 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, TI IEREFORE, in consideration of the mutual covenants, agreements, representations and warranties contained in this Agreement, the Parties agree as follows: Infrastructure Improvements and Cost Allocation. a. Wastewater Treatment Facilities Improvement. Project. Portions of the Wastewater Treatment Facilities may he improved, replaced, upgraded and expanded to provide Wastewater Service to the PPP Property (the "Wastewater Treatment Facilities Improvement Projects'). 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. Developer Collection System. A sewage collection system (the "Developer Collection System") must be designed and constructed on and about the PPP G 1C W SlWasle WalerlSewer Se,'kc A7#reenx11 V} 1 wpd MIFF? It1:C ORi)INfi, Rl I URN TO: Schenk, Kers! K cieWinter, LLP 302 Eighth Street, Sroinc 310 Glenwood Springs, CO 81601 Property, including, but not limited to, collection fines 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 plain 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 W WTS'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 13 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 ofoperating and maintaining the Connecting Main. Notwithstanding the fact that a portion of the Connecting Main will be located within the CWS Property and will he owned and operated by W WTS, 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. L3eveloper shall indemnify and hold harmless CWS and W W'1S from all loss, cost, damage and expense, including, without limitation, attorneys fees, arising_out of the 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. Easements. a. Developer Collection System Easement. Upon commencement of construction of the Developer Collection System, W WTS 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 W WTS'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 of the PPP Property (such as connecting facilities and fixtures); and JJ \C W S\Wasre Waier1Scwer Service Agrecmeni v3. I.wpd 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 violated or Developer has been negligent or untimely in performing its obligations hereunder, may be used by WWTS S 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, [i \C W S\Waste Wei erl.Sewer Service Agreement v3.1 wpd Page 3 of E3 b. Contaminants identified as a "National Primary Drinking Water Contaminant" present in an amount exceeding the standard established from time to tine by government authorities having jurisdiction, c. Liquid or vapor having a temperature higher than 105 degrees, Fahrenheit, cf. Any waste having a five-day biological oxygen demand (L30D) in excess of 500 mgh by weight averaged during any 12 hour period or total suspended solids (TSS) in excess of more than 400 mgll 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 pit 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, 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 W W'I'S 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 WW'S 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. GAC W S1Wasie WalerlSewer Service Agreement v3 I wild Page 4 of 13 4. Rules and Regulations. W W"I'S has advised Developer, and Developer acknowledges and agrees, that WWTS is not, and does not hold itself out as, a public or private utility dr 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. W WTS'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, materially 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 EURs. 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 ante 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 he liable for the payment of additional FQRs 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 W WTS and shall not be refundable uncler 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 (ii) 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 W W"I'S 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 0 LC W SiWasm WatetlSewcr Service Agi eemenz v7 1 wpd Page 5 of 13 additional wastewater may be accepted for treatment, Developer shall he 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 WWTS's right to discontinue the acceptance of such excess wastewater at such later date as WWTS may determine! 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 f{fir the cost of such a modification. 8. Developer Declaration. Developer expressly consents to the recordation of this 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 he recorded in the real property records of County of Ciarfield, 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 of this 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 o fate 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 limited to wastewater services under this Agreement for the benefit of the PP1' 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 allow 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 lien 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 singlerestaurant., provided that all contaminants, G W S\Wasic Wow \Sewer Service ,IgxeemenC v: ! xvpil 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 dentist offices, laundromals, 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. Developer'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 formed 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 he 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 of the 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 W WTS and any party other than Developer, a Successor Developer and the DUC, for the benefit of the 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 si.rch assignee shall be recognized by WWTS as Developer's successor -in -interest and shall succeed to the entirety of Developer's G W SlWasic Waser Sewer Service Agreeanem v3 t wpd Page 7 of 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 flights 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 Properly 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 coniniitments of W WTS) 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. 11. 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 Properly 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 Maintenance and Cost Allocation. WWTS shall perform or cause to be performed all maintenance, repairs, replacements, cleaning and monitoring ofthe 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. I 3. 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 VC W S1Wae WitcliSewer Service Awacmcr t v3 1 uttd Page8or 13 provide the Wastewater Service described herein and to W WTS'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 WWI'S 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 attic 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 helm! f of WWTS of a specific notice of lien claim. b. Disconnection for Default. WWTS expressly reserves, and the Developer hereby grants to W WTS, 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 W WTS'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 Mame WarerlSewer Service Agreement v3.l.wpd Page 9of 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 service, 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 WTSts remedies ofa 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 IDC 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 WWTS'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 overflight air courier service or by depositing the same in the United States mail, postage prepaid, addressed as follows: To: To: Waste Water Treatment Services, LLC c/o 'Thomas J. Triplat 27653 highway 6 & 24, Box 100 Rifle, CO 81650 Cottonwood Springs LLC do John R. Schenk 302 8th Street, Suite 310 Glenwood Springs, Colorado 81601 Western Slope Development Corp. c/o Robert O. Klein P.O. I3ox 1 198 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 tC W SiWeste Wi ertSewer Service Agreement v3. I wpJ 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. limy 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 GIC 1V SIWorie Water\Sewer Service Ageeernent v} 1 wild Page 1 1 of 13 r STATE OF LA 51A f c rx„ ) ss. COUNTY OF J 6FF R-ta ti ) The foregoing instrument was acknowledged before nie on this 033 day of Septernber, 2000, by Robert O. Klein as President of Western Slope Development Company. a Colorado corporation. WITNESS my hand and official seal. My commission expires: AT DE.Kt STATE OF COLORADO COUNTY OF GARFIELD I 10 ry\-fc,,o_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 nay hand and official seal. My commission expires: GIC W SN.Waste W aserlSmer Service Aweemcnt v3.1 wpd ?Aiino3 kuLt.1 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 WI IEREOF, 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 )/"`' 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 Ser ices, LLC, a Colorado Balite ility�pa ly By:: illi. ! 10 s.. f... Western Slope• elopment Company, a Colorado corporation By: Cottonrvo a cl S ring a Colorado in d fablit By: WITNESS my hand and official seal. My commission expires: i%2 Ph as Notary Public G 1C W SYWaste WaterlSewer Scrvrce Agreement v3. F wpd Page i 2 of 13 EXHIBIT "At' POWERLINE PROFESSIONAL PARK PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN TIIE N1/2SW1/4 OF SECTION 11, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF TIIE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 11; THENCE 5 89°43'20" E ALONG TIIE 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; TIIENCE S 00°28'01" W ALONG THE NORTII-SOUTH CENTERLINE OF SAID SECTION 11 A DISTANCE OF 631.44 FEET TO TIIE NORTHEAST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 521226 OF TIIE 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 TOA 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 TIIGIIWAY 6 AND 24, A REBAR AND CAP LS NO. 10871 IN PLACE; TIIENCE 5 63°41'15" W ALONG SAID NORTIIERLY RIGHT-OF-WAY A DISTANCE OF 910.98 FEET TO A POINT ON THE SOUTHERLY LINE OF TIIE NI/2SW 1/4 OF SAID SECTION 11, A REBAR AND CAP LS NO. 13501 IN PLACE; TIIENCE 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 S 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 S 00'18'21" W 18.00 FEET); THENCE N 45°50'52" E A DISTANCE OF 36.33 FEET; TIIENCE 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; TIIENCE N 11°31'56" 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, TIIE POINT OF BEGINNING; SAID PARCEL CONTAINING 29.510 ACRES, MORE OR LESS. , 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 comrnittee 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-Powerline covenants -4 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 CIerk 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 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 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 eovenaiats-4 1 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 telecommunication) of Lot Owners or their designated representatives sufficient to represent four votes in the Association. AlI 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 Power]ine 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. lf, 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• PIans and St ecifications. 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 Aporoval 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 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. 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 -Po veriine 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 WESTERN 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. Alt 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 f4. 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-Pnwerline 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 shaII conform with written sign standards adopted by the ACC and all applicable codes, laws and governmental regulations. C)� c:1_, 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 alI 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-Poweriine 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 Ieast 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 XI. 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 b9 the f.) 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 liened 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 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 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 alt 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 shalt, 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 t permitted for construction on the southerly portion of Lot 5 arid will operate L 0 1 C pursuant to Colorado Division of Water Resources Well Permit No. 052691- F, which authorizes withdrawal ofu to 15 ga11ons of water per minute with a maximum of two (2) acre feet per year for drinking and sanitary purposes [ r e inside commercial businesses and for fire protection urposes: Operation of Well No. 1 is dependent upon maintenance of West Divide Water ase Conservancy District Water Allotment Contract No 990612RK(a). The a jr WESTERN SLOPE-Powerline covenants -4 plo 0 -Ne I l LI F, II r� a L re -.j 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 (113) 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 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 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 -4 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 osmae 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 5', 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 between 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-Powerline 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 S. 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-Powcrline 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 GARFIELD ) SS. DECLARANT: WESTERN SLOPE DEVELOPMENT CORP. a/k/a Western Slope Development Ltd. (a Mississippi corporation) By: ober t O. . ein, President The foregoing instrument was acknowledged before me this 3 day of i .Ptah 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 ` • I, y r ommission expires: 7.Z6 '' qf WESTERN SLOPE-Powerline covenants -4 My Commission Expires 07/20/2004 POWERLINE PROFESSIONAL PARK SUMMARY OF PROBABLE CONSTRUCTION COST June 15, 2001 ITEM QUANTITY UNIT COST COST Grading & Earthwork Mobilization 1 L.S. $ 1,000 $ 1,000 Earthwork 1 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 Storm Drains 24" NDS N-12 70 L.F. $ 20.00 $ 1,400 24" ADS Flared End Section 2 Each $ 180 $ 360 Domestic & Fire Water *Price includes trenching and fittings 8" DIP Fire Waterline 650 L.F. $ 10.00 $ 650 2" Polyethylene Waterline 100 L.F. $ 7.00 $ 700 1" Water Service 8 Each $ 300 $ 2,400 Fire Hydrant Assembly 2 Each $ 1,500 $ 3,000 Pump Houses 3 Each $ 1,000 $ 3,000 Pump House Appurtenances 3 Each $ 1,000 $ 3,000 Fire Supply Intake 1 Each $ 1,000 $ 1,000 Fire System Pump & House 1 Each $12,266 $12,266 Sanitary Sewer 8" SDR 35 Sewer Pipe 4' Dia Concrete Manhole 4" SDR 35 Sewer Service Connection to Existing Manhole 2" Polyethylene Force Main 2000 GPD Lift Station 610 L.F. 5 Each 8 Each 1 Each 600 L.F. 1 Each $ 10.00 $ 1,000 $ 500 $ 500 $ 5.00 $ 7,000 $ 6,100 $ 5,000 $ 4,000 $ 500 $ 3,000 $ 7,000 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 Miscellaneous Surveying & Construction Admin. 1 L.S. $ 5,000 $ 5,000 Class 1 Ground Sign 1 Each $ 100 $ 100 Sub total: S130,376 10% Contingency: $ 13,038 Total: $143,414 This summary of probable construction cost was prepared for estimating purposes only. • GARFIELD COUNTY Building and Planning Department January 10, 2001 John Barbee Western Slope Development Company P.O. Box 324 Silt, CO 81652 RE: Powerline Professional Park Subdivision Final Plat Dear Mr. Barbee, Staff has completed an initial review of the Final Plat submittal for Powerline Professional Park, submitted December 7, 2000, and has found the submittal to be incomplete. The following are issues which need to be addressed within the Final Plat submittal prior to being reviewed by the Board of County Commissioners: Plat note #4, and Covenants Section 4.02 do not coincide. Plat note #4 suggests that the Business Owner's Association is to be incorporated, however, Covenant Section 4.02 states that the Business Owner's Association is to be unincorporated. This needs to be clarified, and any necessary coinciding changes must be made. Either the Business Owner's Association will be incorporated or not. If the Business Owner's Association is not to be incorporated, Colorado Revised Statute 7-30-105 must be met. If an unincorporated association is intended please demonstrate how C.R.S. 7-30-105 is met within any future Final Plat submittal. Staff notes, Condition of approval #3 requires the Business Owner's Association to own and operate the fire and sewer systems, and maintain the public access road. However, it is unclear whether or not an unincorporated association can do this. Thus, it must either be demonstrated that an unincorporated association can do this, or the association must be incorporated. 2. Four (4) well permits have been submitted with the Final Plat. However, the Preliminary Plan approval was based on three (3) wells being shared among the proposed eight (8) lots and the proposed fire suppression pond. The three (3) original well permits do not allow for the filling of the proposed fire suppression pond, and the additional well permit is for all eight (8) lots and the fire suppression pond. This additional well permit is not consistent with the approval granted with the Preliminary Plan. This needs to be clarified with any future Final Plat submittal. If one (1) well is to be utilized for all eight (8) lots and the Fire suppression pond, the Final Plat submittal will need to be revised as such. If this is the intention, it is not consistent with the Preliminary Plan approval, and thus, may require the Preliminary Plan approval to be re-examined (re -opened). Please clarify, in any future Final Plat submittal, the intention of the four (4) well permits submitted as part of the Final Plat on December 7, 2000. 3. The watershed permit submitted, to satisfy condition of approval #5, references a letter of July 27, 2000 as attached as Exhibit `B'. However, it does not appear that this letter was attached as Exhibit • `13'. Please submit this letter for staff to review. 4. The $200.00 fee for reviewing a Final Plat has not been submitted. In addition, a $40 fee for a county surveyor's review from 11/20/00 has not been submitted. Please submit these fees with any future Final Plat submittal. 5. Comments from Steve Anthony, of Weed Management have been received and are based upon his review of the submitted Final Plat information of December 7, 2000 (see letter attached). The comments within this letter must be met and submitted with any future Final Plat submittal. 6. To comply with condition 9 of the Preliminary Plan approval, a plat note must be included on any Final Plat which states, "All mitigation measures contained within the letter of November 17, 1999, from the Colorado Geological Survey in response to this subdivision will be complied with as part of any and all Final Plats." 7. To comply with condition #11, of the Preliminary Plan approval, the following must be verified/submitted: a. That a minimum of 180,000 gallons of fire protection water will be provided on-site. This can be done by verifying that the proposed fire suppression pond has been installed and will be supplied water. To do this, as built drawings of the fire suppression pond must be submitted, and an engineer must sign and stamp verification that the pond has been completed. The volume of water the pond can hold must also be verified by an engineer. If the pond has not been completed, any SIA and letter of credit must be sufficient to complete the proposed pond. The provision of water to the pond must be verified by clarifying the submitted well permits as discussed above. b. It must be verified that hydrants are, or will be a maximum of 500 feet from any structure and that the hydrants are capable of providing a minimum of 1500 gallons per minute at 20 psi residual pressure. The minimum distance can be demonstrated by showing on a Final Plat where the hydrant(s) are/will be and denoting a line(s) of 500 feet distance from the hydrant(s). No structures can be outside of this 500 feet to meet this condition. If any potentially buildable area, on the site is outside of this 500 feet, building envelopes will have to be approved which would restrict building to within 500 feet of a hydrant. The pressure figures may be verified with construction or "as built" drawings of the system and any other necessary information that will demonstrate compliance. c. Construction or "as built" drawings must be submitted to verify the roads are/or will be built to accommodate fire apparatus during adverse weather conditions, and will be a minimum of 24 feet wide. 8. Please submit construction or "as built" drawings of all infrastructure, depending on the status of the infrastructure, with any and all appropriate signatures and stamps. 9. Please submit estimates of all infrastructure costs signed and stamped by a professional engineer, registered in the state of Colorado. Please also submit the costs of all completed infrastructure, signed and stamped by a professional engineer, registered in the state of Colorado. Please also ensure that any SIA and letter of credit to be submitted, coincides with the information in this paragraph to be submitted. 10. The submitted Final Plat proposes to complete the entire subdivision in one (1) phase. This does not coincide with the Preliminary Plan approval, or representations of the applicant at Preliminary Plan which was approved for three (3) phases. Condition #1 states that as a condition of any approval, any and all representations of the applicant will be conditions of any approval. Thus, staff is of the position that any Final Plat must be submitted/approved in three (3) phases, as represented and approved at Preliminary Plan. 11. To satisfy condition #19 of Preliminary Plan approval, a long term contract to service any and all non- domestic waste must be submitted. 12. The Subdivision Improvements Agreement submitted is not acceptable. It must include the language of a typical Subdivision Improvements Agreement used in Garfield County (see attached example), including, but not limited to language to the effect of the need for any letter of credit to be from a bank licensed in the state of Colorado. Please revise the letter of credit as such and re -submit. 13. The letter of credit submitted, is not sufficient. It must be from a bank which is licensed in the state of Colorado. Please submit a new letter of credit from a bank licensed in the state of Colorado, and ensure that it coincides with any SIA to be submitted. If you have questions, please contact this office at 970-945-8212. Sincerely, Jeff L aurien, B.E.S., MSc.P., Senior Planner Building & Planning Department Garfield County Engineering Department Memo To: Jeff Laurien, Planning Director From: Jeff T Nelson CC: Randy Withee Date: 01/12/01 Re: Engineering review of "PO WERLINE PROFESSIONAL PARK final plan documents" dated 9-6-00 and 9-7-00. Jeff, I have reviewed the above mentioned drawings and have the following comments. 1. General: 1.1. I did not receive any specifications for review 2. Cover sheet: 2.1. No comments 3. Sheet 2 of 7: Final Plat: 3.1. Well easements need to be revised due to wells being located in the field different from plans. 3.2. The powerline road should be a 60 -foot right of way and labeled as such. If the UTE ELECTIIC CORPORTATION does not allow this provide documentation stating such. 3.3. Provide documentation stating UTE ELECTRIC CORPORATION gives permission to construct the roadway within their utility easements. 4. Sheet 3 of 7: Grading Drainage and Erosion control plan: 4.1. Seven -foot high berms will be in the line of site for vehicles entering and leaving the professional park. The speed limit on the highway is 55 mph. 4.2. What are the proposed slopes and planting details of the berms? 4.3. Plans are noted with hay check dams. Add hay check dam detail to plan set. 4.4. Show existing and proposed culvert information on grading plans. 4.5. There is existing storm drainage flowing across this site from adjacent sites. Has this been accounted for in your storm drainage design calculations? 4.6. Fire suppression system pond appears to be sized to handle 180,000 gallons to the top of bank. The detail shows 1 -foot of freeboard below top of bank. Has there been any consideration given to the pond volume shrinking in winter? 4.7. The pond is currently being constructed in the field without the use of the liner system noted on your plans. You as the project engineer need to sign off on all changes from the plans. I am concerned that the pond will lose volume if it is not constructed per plans. Page 1 of 2 CAProectskoowerline parkVeview-01.doc „f 4.8. Add notes: 4.8.1. Storm drainage design is per [25yr or 100yr? ] Storm frequency. 4.8.2. Each lot owner is responsible for constructing the proper detention pond. For detention pond calculations and sizing, refer to the poweriine application manual. 4.8.3. All disturbed areas are to be revegetated with [?] 5. Sheet 4 of 7: Powerline Road plan and profile:: 5.1. The accelldecel lanes on the highway are not shown. Provide documentation showing CDOT has permitted this. 5.2. Show all culverts in profiles. 5.3. Show pond in profile where applicable. 5.4. Show spot elevations and cross slopes on edge of road in cul-de sac. 5.5. Label roadway widths in cul-de sac. 5.6. Show all design information on proposed and existing culverts. 5.7. The right-of-way is not labeled accordingly. Refer to note 3.2. 6. Sheet 5 of 7: Master Utility Plan: 6.1. Show existing easement information in addition to the proposed easement information. Label accordingly. 6.2. Add utility owner's table including proposed sanitary sewer and water maintenance companies. 6.3. Show potable water infrastructure on plan view. 6.4. Show sanitary sewer infrastructure on plan view. 6.5. Label wells as related to the well numbers given in the well permit documents of the application. 6.6. Show new location of wells to reflect where they have been located in the field due to conflicts with other utilities. 6.7. The legend states "proposed 6” PVC fire water pipe" your details show it as a 8" PVC pipe. Is the pipe 6" or 8" PVC? 6.8. Revised note 5 to relate to Garfield County rules and regulations. 6.9. Has rifle fire district approved this design for the final fire system layout? 7. Sheet 6 of 7: Master Utility Firefine Profile: 7.1. Show existing and proposed finished grade information in profile view. 7.2. Show proposed and existing culverts in plan and profile. 7.3. The fire suppression system is not being phased per a discussion I had with the rifle fire district chief. Your plans show the system as being phased. The system needs to be designed in full for final plat submittal. 7.4. A letter of final approval by the rifle fire district needs to be submitted with final plat. 7.5. Show pumping system details and calculations. 7.6. The piping for the fire system and the potable water system need to be separate or calculations showing it will work concurrently. It appears by these drawings that the fire and potable system are one. Without pump system details and calculations, flows cannot be determined. 8. Sheet T of 7: detail Sheet: 8.1. Show fencing around the pond — "typical cross section." 8.2. Show elevations for the top of bank, freeboard, bottom of pond and geotextile in the pond — typical cross section. 8.3. Label type of pipe material in the trench cross section detail. 8.4. Show potable water pipe location in the "typical utility cover & separation requirements" detail if it is determined, the potable and fire system piping will be separate. Label depths of gas and 8" fire line pipe in the same detail. 8.5. Add hay check dam detail. In closing, it appears the plans I have reviewed are not complete in reference to the potable water, fire system, and sanitary sewer system. I will discuss these items with the project engineer this Monday, January 15. If you have any questions or comments, please do not hesitate to call. Sincerely, JTN Assistant Engineer C.lProiects\Aowerhfle narkkeview-01.doc Page 2 of 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4-11-2000 10 = 45AM FROM JOHN R. SCHENK. P. C. 970 945 4767 P. 3 BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that Cottonwood Springs LLC of the County of Garfield, State of Colorado, ("Seller"), for and in consideration of Ten Dollars and other good and valuable consideration, in hand paid, at or before the ensealing or delivery of these presents by Waste Water Treatment Services, LLC of the County of Garfield, State of Colorado, ("Buyer"), the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant and convey unto the said Buyer, its successors and assigns, the following property, goods and chattels, to -wit: All moveable fixtures, tools, equipment and working supplies located on the real property identified below and owned by Seller used in the operation of a wastewater treatment facility, including without limitation, all control panels, aerators and test equipment. located at 27653 Highway 6 & 24, Rifle, CO 81650. TO HAVE AND TO HOLD the same unto the said Buyer, its successors and assigns, forever. The said Seller covenants and agrees to and with the Buyer, its sue andcessors and assigns, to WARRANT AND DEFEND the sale of said property, goods and chattels, against all and every person or persons whomever. When used herein, the singular shall include the plural, the plural the singular and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Seller has executed this Bill of Sale this day of April 2000. STATE OF COLORADO COUNTY OF GARFIELD ) ss. ) Cottonwood Springs LLC By: Manager The foregoing instrument was acknowledged before me this _ day of April 2000, by John R. Schenk as Manager of Cottonwood Springs LLC. WITNESS my hand and official seal. My commission expires: G:1C W 5lwitce %Nor Treatitiont Saviors, I.t.0Bi14 olSatefrn Notary Public Garfield County Engineering Department Memo To: Mark Bean, Planning Department Director From: Jeff T Nelson CC: Randy Withee Date: 03/15/01 Re: Engineering review of "final plan documents for POWERL/NE PROFESSIONAL PARK"dated 9-6-00 and 9-7-00. Mark, I have reviewed the above mentioned drawings and have the following comments. 1. General: 1.1. I did not receive any specifications for review. 1.2. Number all sheets accordingly. 1.3. Update all sheets with current dates applicable. 1.4. Supply record drawings sealed by the engineer of record for all installed appurtenances. 2. Cover sheet: 2.1. Revise cover sheet to show the following items that removed from your last submittal: 2.1.1. Vicinity map 2.1.2. Sheet index. 2.1,3. Owner name, engineer of record name and address, planner name and address. 3. Sheet2of7: Final Plat: 3.1. Powerline road should be a 60 -foot right of way and labeled as such. if the UTE ELECTIIC CORPORTATION does not allow this provide documentation stating such. 3.2. Provide documentation stating UTE ELECTRIC CORPORATION gives permission to construct the roadway within their utility easements. 3.3. All well easements shall be labeled according to their proper well permit name. I.e. well easement one, etc. 4. Sheet 3 of 7: Grading Drainage and Erosion control plan: 4.1. What are the proposed slopes and planting details of the berms? 4.2. Plans are noted with hay check dams. Add hay check dam detail to plan set. 4.3. Show existing and proposed culvert information on grading plans. 4.4. There is existing storm drainage flowing across this site from adjacent sites. Has this been accounted for in your storm drainage design calculations? 4.5. Fire suppression system pond appears to be sized to handle 145,000 gallons to the top of bank. The detail shows 1 -foot of freeboard below top of bank. Has there been any consideration given to the pond volume shrinking in winter? The pond volume should be 180,000 gallons per fire department regulations. Page 1 of 2 CAProiects Darklreview-03.doc O3. 1 4.6. The pond is currently being constructed in the field without the use of the liner system noted on your plans. You as the project engineer need to sign off on all changes from the plans. I am concerned that the pond will lose volume if it is not constructed per plans. 5. Sheet 4 of 7: Powerline Road plan and profile:: 5.1. The accelldecel lanes on the highway are not shown. Provide documentation showing CDOT has permitted this. 5.2. Show all culverts in profiles. 5.3. Show pond in profile where applicable. 5.4. Show spot elevations and cross slopes on edge of road in cul-de sac. 5.5. Label roadway widths in cul-de sac. 5.6. Show all design information on proposed and existing culverts. 6. Sheet 5 of 7: Master Utility Plan: 6.1. Please provide a copy of the agreement between the owner of the sanitary sewage treatment plant and the powerline association. 6.2. Show existing easement information in addition to the proposed easement information. Label accordingly. 6.3. Add utility owner's table including proposed sanitary sewer and water maintenance companies. 6.4. Show new location of welts to reflect where they have been located in the field due to conflicts with other utilities. 6.5. The legend states "proposed 6" PVC fire water pipe" your details show it as a 8" PVC pipe. Is the pipe 6" or 8" PVC? 6.6. Has rifle fire district approved this design for the final fire system layout? Please provide a copy of approval letter. 7. Sheet 6 of 7: Fire system plan and profile: 7.1. Show existing and proposed finished grade information in profile view. 7.2. Show proposed and existing culverts in plan and profile. 7.3. The fire suppression system is not being phased per a discussion I had with the rifle fire district chief. Your plans show the system as being phased. The system needs to be designed in full for final plat submittal. 7.4. A letter of final approval by the rifle fire district needs to be submitted with final plat. 7.5. The piping for the fire system and the potable water system need to be separate or calculations showing it will work concurrently. It appears by these drawings that the fire and potable system are one. Without pump system details and calculations, flows cannot be determined. 8. Sheet 7 of 7: Detail Sheet: 8.1. Show fencing around the pond — "typical cross section." 8.2. Show elevations for the top of bank, freeboard, bottom of pond and geotextile in the pond — typical cross section. 8.3. Show potable water pipe location in the "typical utility determined, the potable and fire system piping will be pipe in the same detail. 8.4. Add hay check dam detail. 9. Engineers Estimate: 9.1. Please see attached sample of engineer's estimate. estimate accordingly. 9.2. Submit record drawings for all appurtenances not on your estimate. cover & separation requirements" detail if it is separate. Label depths of gas and 8" fire line Use the sample to complete your engineers In closing, it appears the plans I have reviewed are not complete in reference to the potable water, fire system, and sanitary sewer system. If you have any questions or comments, please do not hesitate to call. Sincerely, JTN Assistant Engineer C:Wroiects}powertine paf eview-03.doc Page 2 of 2 i Sample Engineers Estimate Engineers Estimate Job Title: POWERLINE PARK Job Number: Project description: Date of Estimate: Bid item Item description Unit of measure EARTHWORKS AND MATERIALS Embankment Material Ton Excavation Material Ton Soils sampling and geo monitoring Lump sum Clearing and Grubbing Lump sum Unclassified Excavation (Complete -In -Place) Cubic Yard Removal off sire of existing tree (8" - 30' caliper) Each Removal of existing concrete Square Yard Removal of existing asphalt Square Yard Traffic control Lump sum Relocate existing private decorative structures Lump sum Repair existing sprinkler system (within Right of Way) Lump sum Pea gravel installed Cubic Yard Sod & Landscaping (Includes tree re -locating) Square Yard Topsoil Cubic Yard Roto milling of exist asphalt/base Square Yard Quantity Unit Price 20 5816 Lump sum Lump sum 20 2 140 600 Lump sum Lump sum Lump sum 15 1500 200 March 15 2001 Item Price $0.00 50.00 50.00 50,00 $0.00 50.00 $0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 PAVING AND BASE PREP Subgrade Preparation Square Yard 4672 50.00 8" Aggregate Base Course (Class 6) Ton 2436 50.00 3" Kot Bituminous Pavement (Grading C) Ton 1464 50.00 Concrete Flatwork (4", includes abc and prep) Square Yard 450 50.00 Concrete Flatwork (6", includes abc and prep) Square Yard 325 50.00 Concrete pan (5' wide) Square Yard 248 $0.00 2' Conc Mountable Curb and Gutter Linear Foot3420 50.00 2' Conc Standard Curb and Gutter Linear Foot 240 50 00 Conc Handicap ramp Each 3 50.00 Cont Trench (beneath sidewalk) Each 1 50.00 UTILITIES 15" ADS -N12 (or approved equal) Linear Foot 1136 60.00 Galvanized metal mitered end sectionEach 3 50.00 Drainage Manhole Each 3 $0.00 Drain Grate Inlet (2'x3') Each 1 50.00 Curb Inlet Each 13 $0.00 Drywell {5' I.D. includes installation) Each 4 50.00 Waterline Insulation Linear Foot 50 50.00 Service line (Water) repair due to conflict Each 20 $0.00 Service line (Sanitary) replacement due to conflict Each 6 50.00 Trenching {a} 36" depth (gas main relocation) Linear Foot 170 $0.00 RELOCATION 1 REPAIR OF EXISTING UTILITIES AND APPURTENCES Utility Pole Relocation Each 5 Adjust rims and valve boxes Lump sum Lump sum SIGNING AND LIGHTING Relocate exisling street signs 50.00 50.00 Lump sum Lump sum 50.00 SUB TOTAL: $0.00 CONTINGENCY /0 7.00% 50.00 MOBILIZATION (10% of total project costs) % 10.00% 50.00 Project Management (7% of total project costs) % 7.00% 50.00 Contract Management (7% of total project costs) % 7.00% 50.00 TOTAL: $0.00 "NOTE: The estimates contained herein are the opinion of this engineer and are based upon historical information adjusted for unique conditions of this project. As with any cost estimate actual costs may vary due to market conditions. ° WESTERN SLOPE DEVELOPMENT CORP P1 Six 1191, ERE CI 11651 Sic@iiielmagezem nett 971.875.5242 Fax: 871.871.5825 Crlh I7I.379.6BU Garfield County Building and Planning Attn Mark Bean 109 8th St. Glenwood Springs, CO 81601 VIA FAX ONLY RE. Powerlirie Professional Park, Final Plat Dear Mr. Bean, RECEIVED FEB 2U2001 The Letterof Credit, as required for Final Plat, will be furnished to the County by Alpine Bank next week. If County review of the final plat documents occurs prior to receipt of the LOC, and immediate action is required, Western} Slope Development will post a. cash performance bond or CD to facilitate recordation of the Final Plat. Sincere John Barbee T9/ TO 39Vd A3199d`_�9999990CI 0000000000 3O gb =b T TOO OZ /Z9 POWERLINt: PRO-ESSIONAL PARK SUBDIVISION IMPROVMENT AGREEMENT JANUARY 15, 2001 OPINION OF PROBABLE COST ROADS NO ITEM DESCRIPTION QTY 1523 UNIT UNIT $ TOTAL $ 1 TOP SOIL REM 2 3046 2 BASE COURSE 1247 TONS 4 8200 3 ASPHAULT 13136 13136 $24,382 RECEIVED -111., 2 bei FIRE SYSTEM 1 EA 2577 2577 1 POND 3 453 1359 2 HYDRANTS 6 180 1380 3 VALVES 722 4 2868 4 8" PVC 5 END CAP 2 12 24 6 TEE 9 22 198 7 EL 3 18 54 8 PVC CEMT 2 4 8 $8,188 SEWER COLL 614 6 3684 1 8" PVC 2 LIFT STA 1 4143 4143 3 TAPS 8 51 408 4 2" FOURCE MAIN 522 5 2610 5 CLEAN OUT 3 12 36 6 PVC CEMT 3 4 12 7 $10,893 MISC UTILITIES 1 2256 2256 1 GAS 2 ELECT 1 17211 17211 3 WATER LINE 318 4 1272 4 TEL 1 2000 1000 5 WATER METER 8 44 352 6 BALL VALVE 8 12 96 REVET N101 REC1 7 .•kptL Fo`M,♦ • • • • • 1•i 311 • ■ M1CH SE P51° ` 410NA\ $21,551 1 412 412 $412 $65,426 RECEIVED JAN 2 6 20€11 WESTERN SLOPE DEVELOPMENT CORP. PI SIX 1198, RIFLE CI 81651 81te@siNulesc■ Direct 970.816.5242 Fax: 970.876.5125 Cell: 970.379.6666 Garfield County Building and Planning Attn: Mark Bean 109 8th St. Glenwood Springs, CO 81601 RE: Powerline Professional Park, Final Plat Dear Mr. Bean, In response to the staff review of the final plat submittal dated 12/7/00, the following issues have been addressed: PLATS: Plat note #4 is correct and the covenants have been modified to indicate incorporation. Enclosed are the Articles of Incorporation for the Business Owner's Association. The following plat note has been included on all plats" All mitigation measures contained within the letter of 11/17/99, from the Colorado Geologic Survey in response to this subdivision will be complied with as any and all Final Plats." As contemplated by the Preliminary Plan approval, three separate phases are being filed concurrently. WATER: Well Permit # 054046-F has been superseded by Well Permit # 054864-F, and as indicated within the Covenants, only two Tots, Lots 5 &6 and the initial filling and maintenance filling of the fire suppression pond are serviced by this well permit. WATERSHED PERMIT: Enclosed is Exhibit B of the Rifle Watershed Permit. CONSTRUCTION DOCUMENTS: "As-Builts" will be provided to the County as infastructure is completed. Submitted with this letter is the Engineers' Cost Estimate for the Project as referenced within the Subdivision Improvements Agreement. SIA & LETTER OF CREDIT: A revised SIA has been included within this submittal. The Letter of Credit will be furnished to the County by Alpine Bank next week. WASTE DISPOSAL: A master services agreement between the Powerline Business Owners Association and Safety-Kleen for the removal of non-domestic waste has been included. REVEGE ATION: A revegetation plan has been created an is included with this letter. Sincer John B -'bee 4) 1', t, i V 2n1 V RECEIVED CALOIA & HQUPT, 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 VIA HAND DELIVERY Don DeFord, Garfield County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 SHERRY A. CALOIA JEFFERSON V. 11OUPT BARBARA P. KOZELKA MARK E. HAMILTON January 30, 2001 Re: Powerline Professional Park. Subdivision C' a j PARK AVENUE PROFESSIONAL BLDG. 121 NORTEI PARK AVE., SUITE B MONrRC)SE, COLORADO 81402 (970) 252-0180 - VOICE/FACSIMILE Sender's email: ealoirr&houpt c@,sapris.rzet Dear Don: Enclosed please find a revised Subdivision Improvements Agreement for Powerline Professional Park Subdivision. This follows Jeff Laurien's letter of 01/10/01 to John Barbee of Western Slope Development, requesting (among other things) revisions regarding the letter of credit. 1 have conformed the language in the SIA to that you faxed me; I appreciate your assistance. Please note also I updated the citation to the Uniform Commercial Code — Letters of Credit, regarding "confirmation." I have not enclosed a copy of the engineer's cost estimate for the revised figure ($65,000) because 1 don't have a copy; my understanding is that John has furnished a copy to Jeff. Also enclosed is a revised copy of the proposed Declaration of Covenants, Conditions and Restrictions. I have asked John Barbee to furnish you with "Exhibit A" to be appended 0e Declaration. The Declaration now includes the concept of an incorporated (nonprofit) property owners' association, and the right to collect assessments as necessary. Also enclosed is a copy of the Articles of Incorporation for the Powerline Professional Park Property Owners' Association, Inc., filed with the Colorado Secretary of State. As of this morning, 1 have not received a return copy of the "filed" Articles of Incorporation from the Secretary of State's office. I expect to receive one later today or tomorrow morning and will fax you the cover page with proof of filing as soon as 1 receive it. Also, please note the following: 1. Well Permit No. 054864-F referenced in Article 12 of the Declaration of Covenants is for Well #1 and supersedes the previous permits for that well (which serves Lots 6, 7 and the Fire Protection Pond). The permit refers to serving eight units plus fire protection, but that is a WESTERNSLUPE-DeFord lir-1 Don DeFord, Esq. Page 2 01/23/01 typographical error (as I understand it), and the permit will serve only two units plus Subdivision lire protection. 2. Also, my understanding, through property to Western Slope Development prior identification of owner on the plat). Therefore, 1 between developer and owner. As is typical, the owner and developer. John Barbee, is that Mr. Klein will convey the to plat recording (and in conformity with [he have eliminated in the revised SIA the distinction SIA is now written to obligate the Owner as both Please call me if you have any questions. Sincerely, CALOIA & IIOUPT, P.C. /./) Barbara P. Kozel BPK:fm; encl. cc: John Barbee, w/ encl. Jeff Laurien, w/enol. WESTERNSLOPE-De Ford 1«-1 WESTERN SLOPE DEVELOPMENT CORP. M 1111 1198, RIFLE CI 81650 8ke@neimale.tsw Direct: 970176.5242 Fat 870.i18.5tYi Cell: 970.379.6666 Garfield County Building & Planning Attn: Jeff Lourien 109 8th St. Glenwood Springs, CO 81601 Dear Jeff, 1-08-01 In response to comments received form Steve Anthony, the following revegetation plan addressees his concerns. All disturbed soil areas are to be revegetated using a certified weed -free dryland pasture mix as follows: MATERIAL: Economy Dryland Pasture Mix Orchard Grass/ Paiute Smooth Brone/Lincoln Perennial Ryegrass/Tetraploid Crested Wheatgrass/Hycrest Crested Whestgrass/Nordan Yellow Blossom Sweet Clover Alfalfa/Ladak APPLICATION METHOD & RATE: Machine broadcast at a rate of 10-15Ibs/acre. Seeds will be mulched using certified hay and machine compacted. PLANTING SCHEDULE: Planting is anticipated for April/May, following the final frost. At this time, only the common name of the plant material listed above are available. Sincerely John Ba"•ee <* E8 ' 39idd 1U101 ** kFETY-KLEEN SERVICES, INC. d Subsidiaries 1e Brinc#cman Way fir, Winois 60123 1ANCH LOCATION: e_.005 (� . _An n' QJ$TSiM€A',,,.. Ta P + W P & Pc dS t el e 55 C7-0 ncir5 s5ot 0 I Po em me 1,6. ?IiVie. CO. 5S1650 ETrellErt CIZTOSitefil P. IYOetaa P-O10tioan HO. 20145899 MASTER SERVICES AGREEMENT T L OfCU RaTE 01/01 MISTOSIER PHOPE 9701379/6666 s�. CUSTOMEfi SERVICE LOCATION ;rF OIFFEnENT FROM 0ILL TO) CONTRAC 01/15/01 70, 01/15/21 IEAcr rT c�hn R TICE: I HAVE READ THE ENTIRE AGREEtatENTANO ACCEPT IT IN flS ENTIRETY. INCLUDING THE TERMS AND CONDITIONS PRINTED HEREUNDER AND ON THE AEVE€ISE SIDE, AND I HAVE RECEIVED A TRUE COPY THEREOF, NITNESS WHEREOF, the pafes hereto h.. executed this Agreement by their duly authorized representatives, JST©MER AR, mead 9lesta.er ekes x)01 .n 1 1,4b9/.01711-70^..., �4JrAFcr"-' SAFETY-KLEEN Sr i r lArbd 31a*earei Tav Icl/Ma,agp, bola 01/15./01 in:iteration of els m.theal teldermhklga end "abject lo the kerma ser forts below and Intending to be 'nay hdird, No perces agree as follows: TERMS AND CONG1T1ONS AEAS. Ilea ?ollowrg.. paragraphs set form the general terms and oondttere adder ve#01i Safety -Moen end, re oAbiomers request prorido he covers ao spectiled In the Supgorthg Doclsnanis "1, inCtudirq oe9 far waste inaoartatl (wasm7 rendered Se Serety-kLeet[ try Craton( of arty 01 e6 or ft. Piteslciterlet Wilkes boated in Canada, the United Stens or any U.S. 7eletary. AII Waste proor Waste money dactxnenis, etelMutton antlyan. price gwtrew&, pr'apossee, ease and service 9Ckfl0Werlomerna ere d>aspactilostions of desired Services eat Seth in the Cceornars sok-WON earCJ 24 orders, work orders to requests [Indhrr0uaay 0toaleely referred to as porting 00C thlent 1 shat be incorporated herein by reform -ice. TERM Tree tOnTI 0r this Acli en16rit a MIecavo during thea convect Ivan Sal form above and Hili cor19n a never u ntll teeTri hated lutaant to Section 14, OHFER1Nri AND SC77i:D1JI.I140 oe the Customer determines that it requires Services under Fila Agreement me Cl$i0rnnr shall dl a qudlalion andfor probes* born Sefety-Keen. If Selety-Neen eutrmil0 a quaarl[anand/or pkY 1 and If terns is accepted by Customer, CL ^orfmw dnaii iaauo a purd}POO Of work order or Jest t0 Salary-Kleen. The Salcos tm be performed at oac7l epeceic pli bile shall be parlormed rr rxdance weer end governed * tars tante and cOrllaaor19 Or Tit Agrearnere and the Supportlrtg iee'ereo. Safety-lueen is c0nlrad?4ky oberritted to provide $eMCee only upon Safety-iaeerna nrmadoe 01 Coalmen reedit rwrltwn0las Ond Salley-itleen'S acceptance or E purchrtaa or work order raying the des[rvd Servide*. LJIye*e anacwteaay provided et erste, Cusearnet shall contact Safety tri k0 arrange 9 mutwvy nereeteble actwdnio for Solety-torn ns performance of the Eervcgs. PRICE The price he the Scevlces shall be set forth in the Supporting Daaomcnt~ Linklss otherwise 'set b Safety -!Cissas propoeal or quotation. 7u: pace wilt be increased t0 induce any Sum which Sty-Meen is rdqufred to pay to twat, setae, corm/noel or federal govern aentt er egarcIce by virtue of IX, torte,leg, surcharge Or Otter Charge on the t ollZOrtotlori. atorec9, recycling, 7eestment a d the mate In efferi at deo rime Se atee are revered end Wel cum ww Ix awaked to the tomer am a sepiP•are dem co invoke[ union Othenotte agreed. Safety -4 e Oboe Are owlets to nge upon thirty (301 rieya written notice to the CVatomw, Sataty-ween rescreen the right to morass a root orT irag Wear charge fix wry Waste ft determines t0 be N9ntiOnk1Ming Waste In accordance Saxton 5 below. Full peymenL ie sue moll^ Il*iy {30) deys of Sar Invoice mate, Unless otheneise tet foot! in Safety - ITS Pf0AOoai or 9uotanion, in transportation a tawided by Safety-%leen, sfi1pCIInQ taros ate F C 91. m of transfer. Interest in the antouru equal 10 1,5% pert month (19% per a1num) a tho nlaitintdn Iw+t allowed b law, whichever is lower, we be added tip ail amounts outstanding for more than thirty days. in eedeakior,, Cureornor 010 to rwpOn9bie for ixhusctlan agent! Cr WO feet is a rale not to ori dirty permit 0040 of the ardours as (including vrtrr;apnI and IrfrortZt), incurred in c0Ieceng [hent of en :loose. In ardor ah awe accurate, Rnmigy agreed Cl M rand thwiy vaynteit, !offer is roeporwIble for rloIfsnu Saisy-Kieen prdmpty of arty disputed dharga ei en In 01ca. CORMS MOH OF Wien I the Services to be provided irornen include Waste management. for each type or Waste tendered akaTy-Kann. Crammer anal [xd+9oe martyr -f n with a dcsaipean of the Warta (re- 'Wade .rlp0on"I In a term acceptor* to Sadetyitleen. The Mete Deexip006 arra co sw tenth rn she rant Supporting Documents and anal 9tGude a d'escipdon at ora Waste gravel/ diernlctll 'laments, and Che percentage corpaidion d Oath au0h Cbfr pOn911, rx [119 rellth19 mkt thereof, ad in noon .moble Io 3arky#deerl' via weaver creating the Waite; Ware analyrlr reaunk. O Solea and a eating Of unique chenteat characteristics of the Waste. 1t h ureerelood end ugroed that ty-Kkiert shot Ihnsa 10 testing, nvaiisa90n and procedures for WattIO ,$clrylcea on the Warta Axton. Ctl1drler understands that Seboy-1Qeen may regain Customer to .obrreia Waive Description 'Or =hnple of Waste either prior to Or ineosNrr9 StaletyAloorli submittal of a quotation Or prop:reaI, rr7ker area. 1r requretad by SateryAeen, prwtde 5atertfooen wan a sample Or mo waste non tnprWtn nwrtnlnar. which Snfey-loco. at its seta option, may or may not elect to maim.. Sekory- n sham reeve Inc x1911, but not thin obligation, I» inspect sample, erutym or teat tendered Weer* re .coeplkeg Such Waste, and Safely -tom's oeebiam or, or leisure 10 eielttise. cam} /VP to ke elect sample thenn not operant le relieve curaorner or se reeperlerbhry I0 provide Sanity-ltleen a bre. male and complete rd,ornlcat and Physical d l f rdon of the Wavle tendered or ao roadie Customer fo0S1ty under owe Agreement 1 # 7500 {�Jaal amt. -rod- oorteam that the Wattle n tenders to Solely-14een contains n4 Chlorinated D+bmzpdox+:lt (DiCed^e) ab Lind in A0 CPR Part 291. Customer understands alai Customer striae be reeparsclo for property exerearatg, In the toren and number rewired, all manifests, aodlee and Willer riathseentohon anular eereli[mfm19 relating to the Waste. In accordance with uppiia9I9 Lew9 end regulations. WI Wos1a vetch 9aletyiOeen deterrrdr*ee does not conform 10 [tae 'Neale Description Ihore57 (Nonconforming Ww'oa } wet It. managed in accordance with one peovisione or section 5 below. Z. NONCOMFORkaiNC WASTE Waste 4na0 be smouldered NOnconiteming Waste if it lain 10 Conform to the Wars D#ecnpiton r,vPlir:abb decfet0 0r 11 sty p and rtan1drq Prowler; tW as Customer not in oreordanco rate appllrablo law end, i avp8Cabls�femeOIe profited in advance to Cuelbtner by 5edeyk]ewn. to the want she Waste dIecwered to be NonconlomYng We v, Satoh -Keen tow r00Ct or steekn 114 acceptance 01 the Waste, The retetston or rev0P.a000 of accepte100 ;hall be effective Irnrnedlalely upon receipt r1 notice. vortdd 0r smitten, to Customer or its agent Cummer and Srdefy-Keen stall haw sa1Pn (7) dey9 to seek an alternative lawfUl manrtar of dbpositlorr of the NCah0011tormin9 WSS1D. rink= c .9 necetaten by 108on o} taw or SahfyaUeen twiny permit or over1Cng Procedure to rrww the Ndxonlvrminy Mae In Mee then Seven (7) dayd_ ff Customer and 9afsry-Neon Cee net agree on en allerrieen neeraner of disposition wither mid maven (7j days a, d aocllcatera within a shorter period, SO sly cIoan shell either rattan the NOnconfarming Waste to Cys 1pmer Or rhumb racy determine end arrange for en alerna1ve, 15wrul manner oI ddep04110n. (11L91omer abbe pay 'Safety-IOlen its reasonable 9009103 Slid :barges bar Services pnxldad In retietlon 10 such Nan9antorming wade, rnducang ntitarlcilJ 19141, moat, replacement. crecontarnirution and cleaning, or resumers, and Norrcerorrndng Waste charges. In the (N01( of a depute under 111ia Seller; 5efety-Kleen may nave a sample or =wide of suet Waatd artorYcod by s waled, reputable. indeoeldent ctramical leborehFy. m d11rrtinnl aneysk snows that me pertkootor !Haste In question hes the charr9od composition as described in de Wachs Cement n, then Stilly-,Qeec1 Mil pay the epperco of the independent laboratory in potfomsng the llrrec1 rn1iyau aria consult its Senecas as atigkraay agreed. n the c herrliraf arloyalo show! that the chunksl cam10014 n of the Wetter ie not mi clasatbed In the Wavle DeaCrrpdnrs, then Safety -Meeh crit GIpCNed ere set [Orth above. Wet/Aeon 0haa prod+ due cera While rhe Nenriniormrig Weate te in itz possesaron and s1etl bet reset !sate only for its employees', e9ore1', .ubcontraCtOr1, or Mewl' negiigenoe with rea0e0t 10 mon Mate, 9. TITLE a, 4 Safey40ton tror opc rte or en.ngee for trap eportetion d Waste to o 9ufetyKee , timothy or 0 dlepraaed 13401Y c110.;en by Set ty-Kleerl and peovldad rho Waste meeta the waste O01 ipd m applicable thereto, et10 tRa Waage 11 snooty packages, Coded, marked Ind itbeie1. tide to and risk of brim, *Ah respect to the Waste, oholi;ilea from Cue baler m Safety -leen et Saab tlmw fie the ica0Cng operation of Waste onto reel leo provided by SafrlyWeen nam been c ornpieted end the Waste i5 signed for and fres departed+Om Customlr3 prernissa. D. 91 Customer trsrIeports dr arranges for cerwpo1ea0n 01 the Waeto and provided the WC1033 alae[) the Weide Oescaiptkhn op ple.able thereto, end the Was Ls groperty packager!, ccxkrd, Merited and labeled, Lida to and risk Of lova, wall *Vera tic tet Waste, snail part Intro Customer b Safety. Meet .6 such time as the Mists Is delivered to Setetyeleen'r Scatty arta signed tor. .r��,,, 1:. TIN 10 N0 On10mning Waste 1999019 t0 Ckatxner, Includrg 1019 Of 1099 and e3 yew intld ante al thymus/0, at tie tare wary -Keen c0rfr1TU11Gstns to Cushier that the W0ST9 r1 Noe oonk r irg' 1 acaordence twee Section 5 abbe. tl. IL is wrest* e9reeci 0101 Serey-Klaen does nod take We fa Or assume darn of Idea Yate Mead to Waste where SdfMy-testi is responsible onty for traltapartb-. the Waste_ .- his tagxa9ely 961f MC! 11161 Sefey-teem, steel at 01] rimes retain Lille to Its *ZOOMS used In 10 Meta Washer 58.410x_ Sidayatleen sisal also retain fide TO any equlprraanT (Including. without imitation, pane dewing medhlxs ar paint away gun clearing machines), earae[ whore C edOmer prxrioualy Owned the machine (COMS Servicer. (W ndrlued 0n beck page) CUSTOMER ZO'd 9SOZSZ9OL6T 01 b6tS cPE OL6 TOZS09 N331>1 A AADS dA S2: TT TO, 8T Ndf 7. GENERATOR STATUS Nothing cdfltained within this Agreement shall be construed or Interpreted as requiring Safety - naafi to assure the status of 'Generator,' as that teen appears within any federal, state or provinciei statute or regulation governing the treatment, storage and disposal of Waste. Customer shell assume the responsibility, for cornptiance with totepiovislmna of any We*, state or provincial statute or regulation as such shall apply •Ger14,iiibliji k b , l`,,' 4-4 8. SAFETY-KLEEN REPRESENTATIONS AND WARRAhi'i1 SafetyKleen represents and yr:wants that's;:I A p. 3' , VP .3 j IT? III. mI.i a. SafetyKleen is engaged in the b tisiness df providing Services as speclfed" Ln the upSupportll`, [ ng Documents and understand_ the currently known hazar[ts related to the handling of Waste; b. Safety-Kleen will perform an work in a safe, efficlerrl, and Tawfut manner using Industry. accepted practices; c. Safety -Keen is and will remain in full compliance with aft requirements of federal, state, provincial and local laws, rules, regulations, by-laws and ordinances applicable to the Services to be performed; d. Safety-Kieen has ail. permits or approvals which are required for the Services and will furnish Customer, upon request, proof of all such permits and approvals; and e. Containers supplied by Safety-Kfeen shall be in conformance with any and all applicable laws, rules, regulations and orders insofar as Es required for Waste meeting the Waste Description -_.._._ applicable to the Waste intended to be placed therein. 9. CUSTOMER REPRESENTATIONS AND] WARRANTIES -- Customer repteaents and warrants-thet a. Customer is and will remain in full can pi� lance with .all feyuirBrrierr[s of applicable laws, regulations and orders relating to the Waste; E The Waste Description given to Safety -Klein Ls true, ereurate and complete and Waste tendered or delivered to Safety -Keen •wi0 conform to the Waste Description 'apptcabte thereto; c, Customer is under no legal restraint or order which would prohibit transfer of possession or title 10 818 Waste R tenders to Safety-Kleen or prohibit the Services provided by Saietyf0een related to such Waste; 11 Customer is responsible for packaging and -marking the Waste. the Waste shall be described, coded, packaged and labeled in accordance with all applicable regulations, rules, laws and orders: If Safety -Keen provides its Parts Washer Services to Customer hereunder, Customer shall not mix the sokent provided by Safety-Kleen under such Service with other materials (including without limitation material containing polychlorinated biphenyls ('PCBs")). or otherwise alter the characteristics of the solvent; I. If Safety -Keen provides its nonhazardous parts cleaner or nonhazardous fluid recovery Services to Customer hereunder, the fluid: (i) has not been mixed, combined or othenaise blended in any quantity with materials containing PCBs or any other material which would render the sot vent and/or Waste hazardous under applicable laws, including without limitation 40 CFR Part 261, and (ii) has been produced in the same process as the process that produced the matenal described in the relevant Supporting Documents; and g Customer will cooperate with andfor assist Safety-Kleen. as requested, with Safety-Kfeens defense, negotiation. adjustment and/or settlement of a third party claim. 10. INDEMNIFICATION Safety-Kleen agrees to indemnity, hold harmless and defend Customer from and against any and all liabilities, claims. penalties. forfeitures, suits, and the costs and expenses incident thereto (inducting costs of defense, sefftement and reasonable lawyers' fees. consultant or other professional fees and the reasonable costs of investigation. containment and cleanup and any remedial actions required by law, regu.ation or order, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980 or comparable state superfund law), which it may hereafter incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction or damage to any property. contamination of or adverse effects on the environment, or any violation of governmental taws. regulations or orders. to the extent that such damage was caused by: (t) Satety-l0een's breach of any term or provision of this Agreement; is) the failure of any representation or warranty of Safety-Kleen to be true, accurate and complete; or (iii) any negligent act or omission or willful misconduct of Safety-Kleen or its employees or agents. Customer agrees to indemnify, hold harmless and defend Safety-Kleen from and against any arid all Liaberties, claims, penalties. forfeitures, suns, and the costs and expenses incident thereto (including coats of defense, settlement and reasonable lawyers' fees, consutlant or other professional fees and the reasonable costs of investigation, containment and cleanup and any remedial actions required by law, regulation or order, including the Comprehensive Environmental Response, Compensation and Lability Act of 1980 or comparable state superfund law) which it may hereafter incur, become responsible far, or pay out as a result of death or bodily injury to any person,. destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of governmental laws, regulations or orders. to the extent that such damage was caused by: (1) Customer's breach of any tens or provision of this Agreement; (ii) the failure of any representation or warranty of Customer to be true, accurate and complete; or (iii) any negligent act or omission or willful misconduct of Customer or its employees Or agents. In no event shall either party be liable for any special, indirect, incidental or consequential damages, whether based in contract, warranty, indemnity or tort, negligence or strict liability. 11. INSURANCE Safety -Keen shall procure and maintain, at its expense during dna term of this Agreement, at least the following insurance covenng the Services to be performed under this Agreement. Salery-Kleen shall furnish certificates Of such insurance t0 Customer, upon Customer's request. a. Workers' Compensation — Statutory b. Employers liability — S5,000,000 per occurrence c. General Liability (bodily injury and property damage - combined single limit) 55,000,000 per occurrence, 510,000,000 annual aggregate d. Automobile Liability (and MCS -90 Motor Carriers Act- of 1980 endorsement) 35.000.000 combined single lirhit e. Pollution Legal Liability - Sudden and Accidental and Gradual (Safety-Kleen sites and Safety, Kleen approved disposal sites) 510,000,000 per occurrence, $10.000.000 annual aggregate 1. Contractors Environmental Pollution Liability+ - Sudden and Accldentai (Safety-Kleen professional and contracting operations) 55,000,000 per occurrertoe, 310,000,000 annual aggregate 12. ACCESS TO PREMISES - Customer grants to Safety-Kleen, its agents and employees reasonable access to Customers premises for purposes of fulfilling its obligations under this Agreement Safety-Kleen shall comply with Customer's safety procedures while on Customers prerrtfses, which are provided`1r+Wflting to Safety - Keen. Customer warrants that any right-of-way provided by Customer tOffrdrtt"Cttistammer's premises bm /frothe most convenient public way, is sufficient lb bear 1118 weight.ee,a0 Satety1een etttdpment and whit -kali reasonably required to perform the Servlcaa..afety-i0een shad not rte reaps its, a ltlr damages caused to any private pavement or accompany'ing,aO&rrfae0,9i any route reasonably necessary. to .1• 13. INSPECTIONS During business hours, upon reasonable fleece, and when eccampanled by a representative of Safety-loeen, Customer, at its owrt expense, shaft have the righfo 1a -by insprdciytranjapormtion ,art vessels, oontalners or facilities provided by Safety -leek; .ell to'ktepdetpr)riedic examination of Safety-Kieen% relevant records and/or sites the handling, transportation. storage and -dlspeaah operations conducted by Safety-Kleen in the performance of this Agreement; and )li) to verify, 6y examination of Safety-Khaen's records, all invoiced amounts when firm prices am not sat foflh, in Supporting Documents. Notwithstanding the foregoing, nothing contained herein orelsewhereAin``� Agreement shall require Safety -Keen to disclose to Customer or permit Customer to'er4ilk e proprietary or confidential information. 14.. TERMINATION . . Unless otherwise set forth in the Supporting Documents, either party may terminate this Agreement without cause upon sixty (60) days prior written notice to the otter. Either party may terminate this Agreement Immediately if the other party is adjudicated insolvent, seeks any remedy for itself under any present or future law related to bankruptcy, insolvency or other relief for debtors, 01 breaches this Agreement and fails to cure or diligently prosecute the cure within a reasorlabte time upon notice thereof. If any change or communication from any municipal, local, state, provincial. federal or interstate agency occurs with respect to any laws, rules, regulations or ordinances applicable to the righte_or obligations contained in this Agreement or which materially impacts either party hereto (including but not limited to changes which increase the cost of providing Services or affect facility permit staters). either party shall have the option to immediately terminate this Agreement or to have the terms of this Agreement renegotiated to bring this Agreement and the respective obligations or sights of the parties into compliance with such charge or changes. Temtination as set forth above shat) be without preItrkrkire to any other remedy the terminating party may have and shall not affect the parties' uncompleted - obligations, including payment for Services rendered by Safety -Weep.-- 1S. 'INDEPENDENT CONTRACTOR - . - -.t/ q" I Safely -Keen is, and shall pertain this Agreement as an independent contractor end as such, shall have and maintain complete control over all of its employees and operations, Neither Safety-Kleert nor anyone employed by it shall be. represent, act, purport to act, or be deemed to be tote -agent, representative, employee or servant of Customer. -" ".f' '', •.1 __ 18. EXCUSE OF PERFORMANCE -- - - - - - - - Customer's obligation to deliver and Safety-IOeen's obligation to accept Waste pursuant to confirmed acceptance of a specification of desired Services, may be suspended by either party in the event of: act of God, war, riot, fire, explosion, accident, flood, sabotage; tack of adequate hrat, pourer. raw material, labor, containers, or transportation facilities: compliance with governmental requests. taws. regulations, orders or actions; revocation or modification' of governmental permits or Other reg03red licenses or approvals; breakage or failure of machinery or apparatus; national defense requirements or any other event beyond the reasonable control of such party: labor trouble, strike, lockout or injunction (provided that neither party shall be required to sette a labor dispute against Its own best gtdgmerrt): which event prevents the delivery. transportation, acceptance. treatment, incineration, recycling -or disposal of the Waste. 17. SUBCONTRACTING AND ASSIGNMENT - Unless otherwise agreed, Safety-Kleen may delegate its rights and responsibilities under this Agreement to Safety-Kleen affiliated companies or approved subcontractors. 16. NOTICE Any notice to be given under this Agreement shall be in writing, mailed and addressed or defrvered to Custorrrer's billing address shown on rhe reverse side hereof and mailed and addressed or delivered 10 the Safety-Kieen facility address shown on the reverse side hereof with a copy sent to: Safety -Keen Corp.. 1301 Gervais Street - Suite 300, Columbia, South Carolina 29201, Attention: Legal Department Customer shall given written notice to Safety-Kleen of a claim for indemnification under Section 10 within a reasonable time following Customers first knowledge of the event or occurrence which gives rise to that claim. Upon receipt of notice. and determination by Safety-Kleen that Customer has a valid claim for indemnification, Safety-Kleen shall have the right to retain counsel to defend, negotiate, adjust. and/or settle a claim against Customer. Safety-Kieen has no obligation to indemnify Customer when Customer does not provide timely notice of a claim allowing Safety -Keen the timely opportunity to defend. negotiate, adjust, andfor settle the claim. . 19. WAIVER Any waiver by either party of any provision or condition of this Agreement shall riot be construed or deemed to be a waiver of any other provisions on conditions of this Agreement, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver is expressed in waiting by the party to be bound. 20. ENTIRE AGREEMENT This Agreement and the Supporting Documents constitute the entire Agreement between Customer and Safety-Kteen related to the Servicing of Customer's Waste. A11 previous negotiations and representations not specifically incorporated herein are superseded and are rendered null and void upon execution of this Agreement. in the event terms and conditions of any and all Supporting Documents conflict with this Agreement. the terms and conditions of this Agreement shall control. No modification of this Agreement shall be binding on Safety-Kleen or Customer unless in writing anti signed by both parties specifically amending this Agreement. In no event shall the preprinted tears or conditions found on any Safety-Kleen or Customer purchase or work order or similar document be considered an amendment, modification, or supplement to this Agreement. even N such document r5 signed by representatives of both parties; such preprinted terms and conditions shall be considered null and void and of no effect. 21. SEVERABILITY • If any section, subsection. sentence or clause of this Agreement shalt be adjudged illegal, invalid or unenforceable. such illegality, invalidity, or unenforceability shall not affect the legality, validity or enforceability of the Agreement as a whole Cr of any section, subsection, sentence or clause hereof not so adjudged. - .. 22. HE4D1NGS AHO DEFINED TERMS • The paragraph headings in this Agreement are inserted for the convenience of the parties Only and shall not in any manner define, limit or describe the intent or scope or in arty manner affect Ihi5 Agreement. At defined terms herein. designated by initial capitalization, shall have the rrteaning so asaibed, said mearlrhg being equally applicable to both singular and plural forms or 10 grammatical variations (including but not hl rotted to mescuu.ne, feminine and neuter pronouns), as the case may be. - 23. SV'IWLL.; SAI t1S URL 4..(GorllpOMfan 01 Waste), 5 (Nonconforming Waste), 6 (Tale). 8 (Safety-Kleen Represerttallons and y�farNtffes), 9 (Customer Representations and Warranties), 10 (Indernnilcallon), 18 600 ).,40 t23 (5i8I s Aureemeutt shell survive fermelatlon of this Agreernent, w1thaul iepWfd to the reas:in for termineill lr'4' • iitjsr tact 0.)04�Bff .gOvart?0G�.lay the laws er ye_State. gt3 i Carolina, rood venue a�ll , tt vrk Ind maite15 IIhafl bs ow State of South Carolina WIl10ut teoerd fit eteiln. nr imW ... _e -._. JAN 11 '01 18.25 FP SAFETY KLEEN 605201 970 245 5494 TO 19706252056 P.02 January 11, 2001 John Barbee Western dope Development 0 Dear John Barbee, We appreciate your interest in Safety-Kleen's waste management services. Please keep in mind that our service includes the preparation of a41 labels, manifests, land bags, and regularly scheduled pick-ups. There are no minimum quantities and no additional chargees such as transportation, mileage charges. labor, or demurrage. Safety-Kleen assumes total control of your waste, VVte offer"Certi�po�Assurance and Indemnification at no additional charge to our customers, le nst anycosts rncurrert customers with (4) four billion dollars in assets as indemnification a9 while their waste is in our control. 'mie peace afm our "Certificate of Assurance and Indemnification" provides ensures your company's, financial d assets are cvmpletely protected. Safety -Kien Systems provides the world's largest volume of chemical treatment ri t e t the service! and site service project management. Safety-Kieen enjoys the reputation, treatment industry, as the leader in environmentally beneficial technology and unsurpassed customer service. Once deg8in, thank you for your interest in our service nal>� yp� �lookingeed forward� �� s,�n,� ar relationship between your oarnpany and Safety - desire any additional information, please feel free to contact me at (970) 241-1343 Sincerely, X— /act Brian hofteender Branch Manager The more you know about the service you get from Safety-Kleen, the more you know why the best environmental service on Earth, is also Me best VALUE. TAN 11 '01 18:26 FR SAFETY KLEEN 605201 970 245 5494 TO 19706252056 uti11aiu0 NUN 14:57 FAX 8042402742 1LARSB USA INC P.03 tin096 MARSH USA INC. CERTIFICATE OF INSURANCE GEN TIFICATE NUMDFR L-600111 f2'1.0 PRODNER MarSh USA IRC. TWO L16arty Square 75 Beate Place THIS CER1T CATS N ISSUED AS A MATTER O$ MFORMAYIOM ONLY AHD CONFERS NO RIGMTs UPON TME CERTRGATE HOLDER OTHER IMAM 1'MOSE PAOVIe60 JN THE POLICY. TAUS CEATWIAATE DOES N01 grow. EJREHD OR ALTER THE COVERAGE AFFPRDm BY THE POLICES DESCRIBED HERON. Suite 364 Greenville, SC COMPANIES AFFORDING COVERAGE 29501-2130 114599--99.00 COWANY A RELIANCE NATIONAL INDEMNITY CO INSURED Safety -4080n (Grand Jundllon) t'QMPANY B 388 Bonny Lane Grand .function, CO 81501 COMPN(Y C CNAINY r1 GOVERAIUS This 6341022 supersedes and replaces >any pilivlous'Issued Ger1171Qam. 3 THIS IS TO CERTIFY THAT POLICIES OF INwaANCE DESCR8 .D NERETN FIAVE BEEN ISSUED TO THE INSURED NAMED H£R6N FOR hE POLGY PERKID IHg9CATED. NQTwITHSTANDa4 ANY RCOLVREMENT. TEM! OR COMMON of ANY CONTRACT OR OTHER DOCUMENT WEER RESPECY TO WHICH THE eERxTtFIGATE MAY 6E Issue° QR MAT PEPTAM, THE IHSLJRAHCE AFFORDED BY THC PQLIGIE5 DESCRIBED HEREIN IS SI1IJEGT TO Au_ THE TERMS. COMDrhONS AND €XCLUSIAHS OF SUCH POLICIES, LIMITS SHGWN MAY HA/ @ Ee RE DU CEO 9Y PAM CLAVAS. COPOLICY LTR TYPE GF INSURANCE POLICY Nuw9f:IR EFFECTIVE ,DATE isimDDJTYI POLICY Ic]((P>AATIDM DATE IIIMrDDEfYI uMrrs GENERALUAWUTY GENERA AGGREGATE +$ —., iCOMMERGAI. GENERAL LIABILITY PRODUCT'S..0DOMMOP Ass S CLAIMS MAOO 1 1 ocevR PERSONAL &ADV INJURY $ GWNeiI'S & COHTRAOYOR'8 PROT EACH OCCURRENCE 3 ME OAIAAGE1Any_ c MO - $ MED GIM (Any One rlereonZ $ AUTVRlOBFLE LABILITY ANY cg1u1HIRED S+rJGLE LIMN S AUTO ALL OWNE7 AUTOS SCIN®DULED AUTOS 9oOG.Y um (kr pan1NA1 HIRED AUTOS NON•OWN&DAUTOS ;FoRoottr =W - $ - PROPEP TY DAMAGE S 1AUTO CARACE LI1r91LITY CNA,T • iA ACCIOGINT S ANY AUTO OTHER TRAM AUTOf;MLY; .. . saCH AQ'CIDENT .i AGGREGATE $ E1CCE3S immure EACH OQCUr NGE $ UMeRBLLAFORM AGGREGATE $ ____I OTHUR THAN UM&REL LA FORM E w o COMEENSATIOH AND 7 TORP I V '. EMPLOYERS' UIRIUTY EL BACH ACCIDENT THE PROPRUUETORJ VJCI. €L OL"cISE.?*U0' LJMCT PARTN6RsIExECUTRVE OFFICERS ARE; E.xC} Ci DL5EAsE-EAC„ emeLoyGF $ A A oliK e POLLUTION LEGAL CONTRACTORS ENVIR NTL1I33264701 NTF16327e902 03/01/99 09/01199 09101/02 09101/00 EACH / TOTAL LIMIT 10.960,906 PER OCCURRENCE 5,000.090 AGGREGATE 10 006.060 p scrueTION OF OPERATION SILOCA11ONSNEHICLES1 PEC1AL ITEMS itAilTS IsAY BE $UD,IEOT TO OEDUCi18L&S DR I:mum riSI CERTw1'CATE HALDER "SAMPLE CQPY" • C7fN EL. TION r SIICAAD AMY W THE rel.IriE3 flf1 BFI) I acv a4 CAIrCELLED ®EFOAE TNs EOFTRATION BATE TSIE*ELK, THE P#OLMER AFlFOREFAG cort:Awe !.%L 010€4110R TO MAO. .,.j0 OATS ■rRITTS4 w6TICS TO TH[ crADFlC'A*C HOLDER Mktg I+ IN. evT FAJJYnf TO Pan MUCH la= sHALL thnOSR: wo 0eu5G4rTIVIr ea L1011.11v OP ANY MHO UPON THE MELIFIF,RAFFORPRO COVERAC ITS ACbtt oat AFPAESF.wrw1 C1. MARSH USA INC. + G e MM140* .' Vl tW AS OF: 06/19/00 - - TUN 19 '00 13:07 86424742 PAGE.05 ** TOTAL PAGE.03 ** RESDURCE MIME INEEIE® E N G I N E E R I N G INC. EXHIBIT B Loyal Leavenworth, Esq. Leavenworth & Tester PC PO Drawer 2030 Glenwood Springs CO 81602 RE: Powerline Professional Park Watershed Permit Dear Lee: July 27, 2000 At your request we reviewed the watershed permit application for Powerline Professional Park; an 8 lot subdivision located along Highway 6 and 27 in Garfield County east of Rifle. The subdivision is tributary to the Colorado River approximately 2 miles above the City's water intake structure. The bound report submitted by the Applicant, Western Slope Development, entitled, Powerline, City of Rifle, Watershed Permit Application was reviewed. In our opinion the subdivision does not present a risk of significant injury to the City's water supply and therefore can be classified as "Minor Impact" under Section 10.05.050(B)(3) of the City's ordinance. The subdivision will be connected to a central wastewater treatment system under the control of the Colorado Department of Public Health and Environment which regulates the quality of discharges to the Colorado River. This should protect the City's interests. The project is not within the 100 year flood plain. On-site drainage will be handled by individual lot detention facilities which will collect runoff and limit discharge to historic amounts. The runoff calculations are based on conservative assumptions and in our opinion will adequately protect the City's interest. Off-site drainage was not addressed in the drainage report, however, the Grading, Drainage and Erosion Control Plan (sheet 3) shows all off-site drainage from the north and east being diverted around the development and into existing ditches and drainage courses. No adverse impact is anticipated by this action. We identified two concerns which we believe must be addressed: 1. The use of the property is described as a mix of business office, storage and shop uses. We recommend that a condition be placed on any permit which prohibits the handling and/or storage of toxic or hazardous material on the property without an amendment to specifically addressing such activity. 2. Erosion control and water discharge during construction was not addressed in the report. A WQCD storm water discharge permit is not required because the total construction disturbance is less than five acres. However, it is our opinion Consulting Engineers and Hydrologists 909 Colorado Avenue MI Glenwood Springs, 00 81 601 E (970) 545-6777 II Fax [970) 945-1137 Loyal Leavenworth, Esq. July 27, 2000 Page 2 that the City should require that the Best Management Practice Standards (BMP's) recommended by WQCD for Stormwater Management Plans be required. Such BMP's would include silt fences, straw bales and settlement ponds. A copy of the WQCD construction guidance document is attached. Sincerely, RESOURCE ENGINEERING, INC. aaul 5. Bussone, P.E. Water Resources Engineer PSB/mmrn 341-9.9 It poweriine wetershed.341.wpd Attachment CC: Selby Meyer, wfattachment ac22t R E 8 Q U E c E aus.se C.. P4L].eli o lruee ✓ Peaalf EN G k N E E R I N G I N C. Form No.. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO313 DIVISION OFSherman St.,rWA TERo�3 RESOUR B18 Centen(303) 866-3581 APPLICANT ROBERT 0. KLEIN P.O. BOX 1198 RIFLE, CO 81650- (970) 876-5442 CHANGEIEXPANSION OF USE OF AN EXISTING WELL 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 paint 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 far 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 -37013. 6) 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. 11) 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 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•) 2.- 00 0 tJ ri LIC WELL PERMIT NUMBER 54864 -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 LINES 2559 Ft. from South Section Line 2125 Ft. from West Section Line l APPROVED SAP State Engineer Receipt No. 9500341 DATE ISSUED 0- f? DEC 1220 0 B EXPI RATION DAT POWERLINE PROFESSIONAL PARK SUBDIVISION IMPROVMENT AGREEMENT JANUARY 15, 2001 OPINION OF PROBABLE COST ROADS NO ITEM DESCRIPTION QTY UNIT UNIT $ TOTAL $ 1 TOP SOIL REM 1523 CY 2 3046 2 BASE COURSE 1247 TONS 4 8200 3 ASPHAULT 13136 13136 $24,382 FIRE SYSTEM 1 POND 1 EA 2577 2577 2 HYDRANTS 3 453 1359 3 VALVES 6 180 1080 4 8" PVC 722 4 2888 5 END CAP 2 12 24 6 TEE 9 22 198 7 EL 3 18 54 8 PVC CEMT 2 4 8 $8,188 SEWER COLL 1 8" PVC 614 6 3684 2 LIFT STA 1 4143 4143 3 TAPS 8 51 408 4 2" FOURCE MAIN 522 5 2610 5 CLEAN OUT 3 12 36 6 PVC CEMT 3 4 12 7 $10,893 MISC UTILITIES 1 GAS 1 2256 2256 2 ELECT 1 17211 17211 3 WATER LINE 318 4 1272 4 TEL 1 2000 1000 5 WATER METER 8 44 352 6 BALL VALVE 8 12 96 REVETETO O RE 1 195 I. • ;�. $65,426 MICHA t QL E PE 1 $21,551 412 412 $412 POWERLINE PROFESSIONAL PARK SUBDIVISION IMPROVMENT AGREEMENT JANUARY 15, 2001 OPINION OF PROBABLE COST RECEIVED JAN 2 6 2401 ROADS NO ITEM DESCRIPTION QTY UNIT UNIT $ TOTAL $ $COMPLETE $TO COMPLETE 1 TOP SOIL REM 1523 CY 2 3046 3046 2 BASE COURSE 1247 TONS 4 6200 6200 3 ASPHAULT 13136 13136 13136 $22,382 $9,246 $13,136 FIRE SYSTEM 1 POND 1 EA 2577 2577 2577 2 HYDRANTS 3 453 1359 453 3 VALVES 6 180 1080 360 720 4 8°' PVC 722 4 2888 2001 887 5 END CAP 2 12 24 12 12 6 TEE 9 22 198 96 102 7 EL 3 18 54 18 36 8 PVC CEMT 2 4 8 8 9 LINER 1 2500 2500 2500 10 PUMP 1 2000 $2,000 $2,000 12,688 5,525 $7,153 SEWER COLL 1 8" PVC 614 6 3684 3684 2 LIFT STA 1 4143 4143 4143 256 3 TAPS 8 51 408 408 4 2" FOURCE MAIN 522 5 2610 2610 5 CLEAN OUT 3 12 36 36 6 PVC CEMT 3 4 12 12 7 $10,893 $10,637 $256 M!SC UTILITIES 1 GAS 1 2256 2256 2 ELECT 1 14211 14211 3 WATER LINE 318 4 1272 4 TEL 1 2000 1000 5 WATER METER 8 44 352 6 BALL VALVE 8 12 96 1 $19,215 $19,215 $21,551 412 412 412 $412 $412 $65,426 $27,820 $37,606 ■ ( ':!) / STAI1E\dlFCOLb'RAD 0 DEPARTMENT OF STATE CERTIFICATE I, DONETTA DAVIDSON, SECRETARY OF STATE OF THE STATE OF COLORADO HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE POWERLINE PROFESSIONAL PARK PROPERTY OWNERS ASSOCIATION, INC. (COLORADO NONPROFIT CORPORATION) FILE # 20011020444 WAS FILED IN THIS OFFICE ON January 29, 2001 AND HAS COMPLIED WITH THE APPLICABLE PROVISIONS OF THE LAWS OF THE STATE OF COLORADO AND ON THIS DATE IS IN GOOD STANDING AND AUTHORIZED AND COMPETENT TO TRANSACT BUSINESS OR TO CONDUCT ITS AFFAIRS WITHIN THIS STATE. Dated: January 29, 2001 471417Xt.-- SECRETARY OF STATE ARTICLE'S OF INCORPORATION Uh POWERLINE PROFESSIONAL PARK PROPERTY OWNERS ASSOCIATION, INC. (a Colorado nonprofit corporation) 'The undersigned, acting as incorporator of a nonprofit corporation under the Colorado Revised Nonprofit Corporation Act, hereby certifies the following Articles: ARTICLE I Name The name of the corporation is PoW'crline Professional Park Property Owners Association, Inc., hereinafter called the "Association.,, ARTICLE II PEItIOD OF DURATION The effective commencement date of the Association shall he the date of filing of these Articles with the Office of the Secretary of State for the State of Colorado. The Association shall exist inperpetuity from and after the effective date, unless dissolved according to Colorado law. ARTICLE ill PURPOSES OF "T'IIE ASSOCIATION The Association does not contemplate pecuniary gain or profit to the members thereof. "I'he primary purposes for which the Association is formed are: (i) to serve as the property owners' association with respect to certain real property known as the Powerlinc Professional Park Subdivision, according to the Final Plat thereof recorded in the office of the Clerk. and Recorder for Garfield County, Colorado, and in accordance with the Declaration of Covenants, Conditions, and Restrictions for Powerliire Professional Park Subdivision, also recorded in the office of the Clerk and Recorder of Garfield County, Colorado, as it may he amended from time to tiiiie (the "IDeclaration"); (ii) to serve the legitimate interests of the owners of all property subject to such Declaration, including property that may he hereafter tirade subject to such Declaration; and (iii) to promote the general health, safety, and welfare of the owners and occupants of all property subject to the Declaration. ARTICLE IV POWERS In furtherance of the purposes stated above, the Association shall have and niay exercise all Of the rights,. powers, privileges, and immunities now or subsequently conferred upon nonprofit corporations incorporated under the laws of the :date of Colorado. ARTICLES OF INCORPORA'T'ION f'()WERLINE PRC)PESSIONAI. PARK PROPERTY OWNERS ASSOCIATION, INC. Page 2 of 4 ARTICLE V LIMITA'T'ION OF LIABILITY Nu director of the Association shall have any liability to the Association or to its members for nlolletary damages for breach of fiduciary duty as a director, except to tlic extent such exemption from liability is not permitted ailider the Colorado Revised Nonprofit C:orp(lration Act, Any repeal or modification of the foregoing sentence shall not adversely affect any right or protection of a director 1n respect of any act or (111115sion occurring prior to such repeal or modification. ARTICLE VI INDEMNIFICATION The Association shall provide indemnification either directly or indirectly through insurance policies or otherwise, to the fullest extent permitted by law, for any individual tvho serves as a director, officer, employee or agent of the Association, or who serves at the request of the Association as a director, officer, partner, trustee, employee, or agent of any other foreign or domestic corporation or of any partllersllip, joint venture, trust, other enterprise or employee benefit plan, against Liabilities and expenses sucli individual incurs in connection with holding such position. Whenever such an individual seeks indemnification by the Association against any liability or expenses incurred in any threatened, pending or completed proceeding in which the individual is a party because lie or she holds or has held any such position, the Association shall proceed diligently and in gond faith to slake a determination, in the manner permitted in the Colorado Revised Nonprofit Corporation Act, whether indemnification is permissible in the circumstances. if indemnification is determined t(1 he permissible, the Association shall iindeillllify the individual to the fullest extent permissible, provided that •Illy indemnification for expenses shall be limited t(1 the amount found reasonable by all evaluation Conducted in a planner permitted by the Colorado Revised Nonprofit Corporation Act, This Article shall not be interpreted to limit in any manner any indemnification the Association inay he required to pay pursuant to the Colorado Revised Nonprofit Corporation Act, any court order, or any contract, resolution or other commitment that is legally valid. AR'T'ICLE VII REGISTERED OFFICE ANIS REGISTERED AGENT The initial registered office of the Association shall be at 001 Pfnverlinc Road, Rifle, CO 81650. The initial registered agent at such office shall he John llarbec. The principal office of the Association is Located at P.O. Box 1 1 c98, Rifle, CO 81650. ARTICLES OF INCORPORATION !IMF:RUNE PROFESSIONA1. PARK PROPERTY OWNERS ASSOCIATION, INC. Page 3 of -4 ARTICLE VIII INI'T'IAL EXEC1.1"I F'E I3oARI) The number of directors constituting the initial Executive Board shall be one (1). The name and address of such person is: Name Address Robert Klein P.C). I3ox 1 198 Rifle, CO 81650 ARTICLE IX MEMBERS The Association shall have one class of members as set forth in the Bylaws of the Association. All members shall he voting members_ ARTICLE X DISSOLUTION The Association may be dissolved with the assent given writing and signed by members representing not less than sixty-seven percent (67%) of the votes entitled to be cast. Upon dissolution of the Association, the assets, both real and personal of the Association, shall he dedicated to an appropriate public agency to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned lo any nonprofit corporation, association, trust or other organization to be devoted to purposes and uses that would most nearly reflect the purposes and uses to which they were required to be devoted by Hie Association. ARTICLE XI AMENDMENT The provisions of these Articles may be amended or terminated, in whole or in part, from time to time, upon the written consent of members of tlic Association representing sixty- seven percent (67 %) or more of all votes entitled to he cast. ARTICLE XII INCORPORATOR The name of the incorporator is John Barbee,. whose address is P.O. Box 1198, Rifle., CO 81650. ARTICLES OF INCORPORATION POWERI,INE PROFESSIONAL PARK PROPERTY OWNERS ASSOC'1A"TION, INC. Page 4 of 4 IN WITNESS WHEREOF, the undersigned incorporator has signed his name to these Articles of Incorporation this 26. day of January, 2001, 7L1,11,1. John 13th lac Incorporator CONSENT T() APPOINTMENT MENT AS REGISTERED AGENT John Ba .bee hereby consents to serve as the initial registered agent for the Association. STATE OF COLORADO COUNTY OF GARFIELD } ss. John IJat ce The Consent to Appointinent as Registered Agent was acknowledged, subscribed and sworn to before me this 4,2iti. ay of*January, 2001, by John Barbee. WITNESS my hand and official seal. My Commis ion Expires My Commission expires: COTTONWOOD SPRINGS LLC 27653 HIGHWAY 6 & 24 RIFLE, COLORADO 81650 TELEPHONE: (970) 625-2069 BUSINESS OFFICE and MAILING ADDRESS: 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, CO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 March 17, 2000 Mark Bean Garfield County Planning Department 109 Eighth Street Glenwood. Springs, CO 81601 HAND DELIVERED Re: Powerline Professional Park/Cottonwood Springs MHP Dear Mr. Bean: Cottonwood Springs LLC has submitted a request for an amendment of CPDES Permit No. COG -581000 to the Colorado of Department of Health for a waiver of the CWS permit discharge limitations imposed by applicable regulations allowing the reserve capacity in the Cottonwood Springs system to be used to serve to the Powerline Professional Park (PPP). Further conversations with the Colorado Department of Health gives us a high level of confidence that this can be accomplished in the near future. I have completed a first draft of a written agreement running with the PPP lands in favor of CWS binding on all future owners of lots in PPP and anticipate that a final and signed agreement will be executed by all necessary parties by March 29, 2000. JRS/clh cc: Tom Triplat CWS Members David Sandoval WWlaD COUNTY PL NNCI DEPARTMENT metorWOODS'Ps l 111 e V truly your 1 ECEIVED MAR7 I auti • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: (303i 866-3581 FAX: (303) 866-3589 http:/Iwatorstate.co.us/detault.htm Jeff Laurien Garfield County Building and Planning 109 8th St. Ste 303 Glenwood Springs CO 81 601 April 11, 2000 Bill Owens Governor Greg E. watcher Executive Director Hal D. Simpson, P.E. State Engineer Re: Powerline Professional Park, Subdivision Preliminary Plan Sec. 11, T6S, R93W, 6TH PM W. Division 5, W. District 39 Dear Mr. Bean: We have reviewed additional information (Water Supply Plan) regarding the above referenced proposal to subdivide a parcel of 29.5 acres into eight commercial parcels. The Water Supply Plan included a copy of a report by Zancanella and Associates, inc., a copy of Weil Permit No. 52691-F, copies of well permit applications for two additional wells, and copies of approved West. Divide Water Conservancy District (the District) Water Allotment Contract/Lease Nos. 9908092RK(a) and 9908093RK(a) for one acre-foot of water each. Note that Permit No. 52691-F was issued pursuant to District) Water Allotment Contract/Lease No. 990612RK(a), which was also for one acre-foot of water. The plan notes that the three wells will be shared by the lots, with up to three lots on one well. Permit No. 52691-F was issued on October 21, 1999, and Permit Nos. 53267-F and 53268-F were issued on February 8, 1999, for the use of one acre-foot of water annually each for drinking and sanitary purposes inside commercial businesses, conditioned on inclusion in the Districts substitute supply plan as demonstrated by the approved leases. The additional submittal is for a pond which is to be used to satisfy the fire suppression water storage plan as required by the Rifle Fire Protection District. The pond will contain 180,000 gallons (0.55 acre-feet) and annual evaporation is estimated as 0.29 acre-feet, for a total of 0.84 acre-feet per year. The pond is to be filled using the Lower Cactus Valley Ditch (AKA Grand Valley Ditch) when there are no calls on the Colorado River. Evaporation from the pond will likewise be replaced through the Ditch or through a well permitted water pero te pond istrict tocontracts. ntracte . Note that none of the wells are currently permitted to supply evaporation. As discussed in our previous letter of February 8, 2000, Mr. Robert Klein submitted a revision letter dated February 8, 2000, which limits the annual diversions to 1/3 of an acre-feet per lot, for a total of 2 and 2/3 of an acre-foot annually. Therefore the total use under the contracts is estimated as 2.96 acre-feet (0.29 acre-feet + 2.67 acre-feet), which is within the 3 acre-feet allowed by the District Contracts. A letter fron-i Collins Well Drilling and Pump Company indicates that a well drilled on the property produced an average of 30 gallons per minute over a four hour period on October 4, 1999. if the proposed wells have similar production rates the water supply should be physically adequate. Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(1), that the proposed water supply is physically adequate and will not cause material injury to decreed water rights, provided the applicant obtains valid well permits for the proposed uses, and an 4 Jeff Laurien April 11, 2000 Powerline Professional Park agreement to use the Lower Cactus Valley as discussed above is approved by the ditch company. We suggest that approval of the final plat be withheld until the necessary well permits are approved and an agreement with the ditch company is submitted. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Kenneth W. Knox Assistant State Engineer KWKiCMLIPowerline Professional Park v.doc cc: Orlyn Bell, Division Engineer James Lemon, Water Commissioner, District 39 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1 313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: (3031866-3581 FAX: (3031866-3589 http://wator.state.co.us/default.htm Jeff Laurien Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 April 3, 2000 Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, F.E. State Engineer Re: Powerline Professional Park, Subdivision Preliminary Plan Sec. 11, T6S, R93W PTH PM W. Division 5, W. District 39 Dear Mr. Bean: We have reviewed additional information (Water Supply Plan) regarding the above referenced proposal to subdivide a parcel of 29.5 acres into eight commercial parcels. The Water Supply Plan included a copy of a report by Zancanella and Associates, Inc., a copy of Well Permit No. 52691-F, copies of well permit applications for two additional wells, and copies of approved West Divide Water Conservancy District (the District) Water Allotment Contract/Lease Nos. 9908092RK(a) and 9908093RK(a) for one acre-foot of water each. Note that Permit No. 52691-F was issued pursuant to District) Water Allotment Contract/Lease No. 990612RK(a), which was also for one acre-foot of water. The plan notes that the three wells will be shared by the lots, with up to three lots on one well. The additional submittal is for a pond which is to be used to satisfy the fire suppression water storage plan as required by the Rifle Fire Protection District. The pond will contain 180,000 gallons (0.55 acre-feet) and annual evaporation is estimated as 0.29 acre-feet, for a total of 0.84 acre-feet per year. As noted in our previous letter of February 8, 2000, Mr. Robert Klein submitted a revision letter dated February 8, 2000, which limits the annual diversions to 1/3 of an acre-feet per lot, for a total of 2 and 2/3 of an acre-foot annually. Therefore the total use under the contracts is estimated as 3.51 acre-feet (0.84 acre-feet + 2.67 acre-feet), while the District Contracts total only 3 acre-feet. Based on the above, it is our opinion, pursuant to Section 30-28-13P( I )(h)(i), that the proposed water supply will cause material injury to decreed water rights, and is inadequate. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, .7 Kenneth W. Knox Assistant State Engineer KWK/CML/Powerline Professional Park iv.doc cc: Orlyn Bell, Division Engineer James Lemon, Water Commissioner, District 39 RECEIVED APR 1 0 20118 STATE OF COLOFADO Bili Owens, Governor Jane E. Norton, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado Laboratory and Radiation Services Division 8100 Lowry Blvd. Denver CO 80230-6928 (303) 692-3090 http:Nwww.cdphe.state.co.us Mark Bean, Director Garfield County Planning Department 109 $th Street, #303 Glenwood Springs, Colorado 81601 Colorado Department of Public Health and Environment February 9, 2000 RE: Wastewater Treatment for Proposed Powerline Professional Park Dear Mark: We have received a letter from John Schenk of Cottonwood Springs LLC, dated 2/9/00, which expresses their intent to provide domestic wastewater treatment service to the PowerIine Park. The Water Quality Control Division finds this to be an acceptable method for sewage treatment. We are encouraged by and grateful to the parties involved for negotiating this agreement to share use of the wastewater lagoon system at the Cottonwood Springs Mobile Home Park. Section 25-8-501(5)(d) of the state Water Quality Control Act provides that a discharge permit for domestic wastewater facility must contain a condition that upon reaching 80% of the rated design capacity, the permittee must initiate engineering and financial planning for expansion of the treatment works. Mr. Schenk has conditioned the offer of treatment service to Powerline upon our agency being willing to waive that condition (i.e. allow the capacity, including waste from Powerline, to exceed 80% of total capacity but not be required to initiate expansion planning). 25-8-501(6) of the Act allows that to occur, providing that the permittee can show there is a declining or stable service population. We advise Mr. Schenk to submit a letter to our Permits Unit, Susan Nachtrieb, Unit Leader, to that effect and we will prnrace the request to modify that condition of the permit. The Division can also acknowledge that Powerline is connected to the lagoon facility and included in the wastewater service plan, if that is specifically requested in writing. We commend Cottonwood Springs LLC and West Slope Development Corp. for resolving this issue. If you have any questions, please contact me at (303) 692-3583. - Sincerely, U William A. McKee Upper Colorado Watershed Coordinator Water Quality Control Division cc: John Barbee - West Slope Development Corp. John Schenk - Cottonwood Springs LLC Selby Myers - City Manager, City of Rifle Dwain Watson - Water/Wastewater Technical Services, WQCD 'YE' i EB 1 4 2000 COTTONWOOD SPRINGS LLC 27653 HIGHWAY 6 & 24 RIFLE, COLORADO 81650 TELEPHONE: (970) 625-2069 BUSINESS OFFICE and MAILING ADDRESS: 302 EIGHTH STREET, SUITE 310 GLENWOOD SPRINGS, CO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-4767 February 9, 2000 Mark Bean Garfield County Planning Department 109 Eighth Street Glenwood Springs, CO 81601 HAND DELIVERED Re: Powerline Professional Park/Cottonwood Springs MHP Dear Mr. Bean: Cottonwood Springs LLC and Western Slope Development Corp. have reached an agreement in principle for the connection of the Powerline Professional Park (PPP) to the private wastewater system now operated by Cottonwood Springs (CWS) pursuant to CPDES Permit No. COG -581000. Subject to written approval by the Colorado of Department of Health providing a waiver of the CWS permit discharge limitations imposed by applicable regulations allowing the reserve capacity in the Cottonwood Springs system to be used without commencing engineering or financial planning for expansion and written approval by the Colorado of Department of Health for the inclusion of PPP into service plan and wastewater discharge permit of CWS, CWS can and will provide wastewater treatment services for PPP at the level identified below. Based on our informal conversations with officials representing the Colorado Department of Health, we believe these conditions will be accomplished. This commitment to serve will be described in a comprehensive recordable agreement running with the PPP lands in favor of CWS binding on all future owners of lots in PPP and generally modeled on the recent agreements reached by the Ranch at Roaring Fork Home Owners Association, Inc. CWS would make available 24 EQR to PPP or a total flow rate of 7,200 gallons per day. The total EQR allotment would be managed by a new PPP owner's association. This approval is a site-specific proposal and does not imply that CWS is interested or capable of serving any other property at this time. CWS will convey its wastewater treatment system to a separate entity and will seek a subdivision approval from Garfield County in order t+ separate the current wastewater treatment site from the existing park. Such an approval will not be condition to the availability of this service, but is merely identified as a longer-term objective o e arrange COU �, EP 6T. - SANTE 303 JRSIclh cc: Tom Triplat CWS Members Wikr.lxan 1.»r.1 DIV CO WD BA USE(S) _ MD Forrn GWS -45 (12193) COLOR. J VISION OF WATER RESOURCES , i_ DEPARTN N OF NATURAL RESOURCES JAN 1313 SHE h' ST., R.M. 818, DENVER CO 80203 phone - inf : (303) 866-3587 main: (303)866-3581 Burr ,Ei 0uu: i GENERA URPOSE Water Well PerrnifAinilication (Please note: other forms are available for specific uses including - residential, livestock, monitoringlobserv., gravel pits, registration of old wells} t mpleting fnrm Must be completed in black ink or typed) 6. USE OF WELL (please attach detailed description) Keview instructions prior o Co 1. APPLICANT INFORMATION IVrmr of eppl (Gan[ Robert 0 Mein no Address P.O. Box 1198 City ❑ INDUSTRIAL 0 OTHER: C}rCOMMERCtAL Drinking & Sanitary Use ❑ MUNICIPAL In Business ❑ IRRIGATION D FEED LOT -- nu bee of head 7. WELL DATA Zip Code ' Maximum prrnpng rata Rifle, CO 81650 Total tapir ` Aquifer 150feet I `tributary to CR Annual 'mount gpm acre-feet Telephone r.Xnb t (include area Code) 970-876-5242 2. TYPE OF APPLICATION (check applicable box(es)) Cit Construct new well D Replace existing well • Change (source) Aquifer O Other: O Use existing well C1 Change or Increase Use ❑ Reapplication (expired permit} 3. REFER TO (if applicable): Water court case/ milts Emergency Verbal >i -V E - Monitoring hole acknowledgment i MH - Well name or 1 4. LOCATION OF WELL County Garfield Quarter/quarter NE y4 Quarter SW y4 action 1 Township Nor S 11 j_ 6 OiEl Distance of well from section limes Range E or W 93 CI E1 Principal Mrricrtan 6th 8. LAND ON WHICH GROUND WATER WILL BE USED A. LEGAL DESCRIPTION (may be provided as an attachment): See Attached (lt used tor crop irrigation, attach scaled map that shows irrigated area.) B. 1 acres [—C. Owner 29.5+_ Robert 0 Klein D. List any other wells or water rights used on this land: See Attached 9. PROPOSED WELL DRILLER {optional) 72— P.'O ..frcrDNs 1C/C fitromD ECS W Way location a leksaa. if Mtwara from applican[ address it applicable! far raplecernant wads only-dranoa and dr+eDion Mom old wall to near arse feet direction 5. TRACT ON WHICH WELL WILL BE LOCATED A. LEGAL DESCRIPTION may be provided as an attachment): See Attached B. STATE PARC IDS (optional): C. s twine in tract 29.5+_ 71771110028_6 D. Owtw Collins License num br 44634 10. SIGNATURE of applicant(s) or authorized agen The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 mis- demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein, know the contents thereof, and state that they a true to m knowledge. Mist Title Arra Date OPTIONAL INFORMATION USGS map name OWR map no. Surface Robert 0 Klein E. Will this be the only well an this tract? ❑ VES ' Nn (if other wells are on this tract, see detailed Inst,) Office Use Only REVISED 7/29/99 Hare of Applicant: Contract # 990809#2J(a) swap fD # 321 Date Activated 8/26/99 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALz&/ CONTRACT/LEASE i/i(?(f "--f. Quantity of Water in Acre Feet: Applicant. hereby applies to the West Divide Water Conservancy District. a political subdivision of the State of Colorado. organized pursuant to and existing by virtue of C.R.S. 1973. S37 -45-1O1. et sea-. (hereinafter referred to as the 'District') for an allotment contract/lease to beneficially and perpetually use water or mater rights owned. leased, or hereafter acquired by the District. By execution of this contract/Tease and the attached application. Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall awn water rights at the point of diversion herein lawfully entitling Applicant to divert water. which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity' Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights. and 'when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority. the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow. storage or otherwise. to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract/lease. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent cc the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided. Applicant may so notify the District in writing. and the amount of water allotted urxder this contract/lease shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: municipal, domestic and related uses. or commercial (except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07- 70-W0547 between the united States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land awned. leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir and Green Mountain Reservoir. or other works or facilities of the District. or from other sources available to the District. shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources. and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to 1 District shall be subject to the contracts. laws. rules. and regulations governing releases therefrom. Furthermore. the District hereby expressly reserves the right to stare water and to make exchange releases from structures that may be built or controlled by the District in the future. so long as the rater service to the Applicant pursuant to this ree thet end is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant of each water year (October 1) . shall revert to the water supplies of the District_ Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right. and neither the District. nor those entitled to utilize the District's decrees. may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point. and such estimate shall be deducted from this amount in each case. 5. Alternate Point Of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder, obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions rhich rwy be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein. and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion. the Applicant shall make annual payments to the District based upon the amount of water allotted under this contract/lease. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder. the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder. Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event. the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. ai,ract/lease Pavmenta -refundable. one time administrative charge. in the amount determined by the Board of Directors of the District from time to tine. shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full. within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant. among other things. of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1, If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail. return receipt requested. to the Applicant at such address as may be designated by the Applicant in writing or set forth in this contract/lease or application_ Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice. Applicant shall at District's sole option have no further right. title or interest under this contract/lease without further notice. and delivery 2 may be immediately curtailed. The allotment of water. as herein made. may be transferred_ leased. or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment contract/lease with the District. the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder. including. but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. AAsignment: This contract/lease shall inure to the benefit of the heirs. successors or assigns of the parties hereto. Any assignment of the Applicant's rights under this contract/lease shall be subject to. and must comply with. such requirements as the District may hereafter adopt regarding assignment of contract/lease rights and the assumption of contract/lease obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts/leases. No assignment shall be recognized by the District except upon completion and filing of proper forms for change of ownership. Upon the sale of the real property to which this contract/lease pertains, Applicant has a duty to make beer aware of this contract/lease and proper forms for change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado: ay the rules and regulations of the Board of Directors of the District; and all amennchents thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an 'Operation and Maintenance Agreement' with the District under terms and conditions determined by the board of Directors of the District. if and when. :he Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, gut shall not be limited to. provisions for additional annual monetary consideration for extension of District delivery services and for additional administration. operation. and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11, Change of Use: The District reserves the exclusive right to review. reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of :he water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract/lease. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described n the documents submitted to the District at the time this contract/lease is executed. or in any operation and maintenance -greement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights Herein. other than as permitted in paragraph 8 above. shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant nr equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water -id water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use f District owned or controlled water or water rights. I5. Restrictions: Applicant shall restrict actual diversions to not exceed the Contract/Lease amount_ e ch provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family 3 swelling. the watering of domestic livestock. fire protection, and the irrigation of up to 6,000 square feet of laws and Ea rden . Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from .he Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial )urposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering :t a horse boarding facility. provided that in no event shall actual diversions exceed the amount of water provided by this :ontract/Lease. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract/Lease. 16. We!1 Permit: If Applicant intends to divert through a well,. then Applicant must provide to District copy of Applicant's valid well permit before District is obligated to deliver any water hereunder_ 17, Measuring Device or Meter: Applicant agrees to provide. at its own expense. a totalizing flow meter pith remote readout to continuously and accurately measure at all times all water diverted pursuant to the terns of tpplicant's water right and the terms of this contract/lease. Applicant agrees to provide accurate readings from such device )r meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result n legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing :his contract. Applicant hereby specifically allows District. through its authorized agent. to enter upon applicant's property luring ordinary business hours for the purposes of determining applicant's actual use of water. 18. Representations: By executing this contract/lease. Applicant agrees that it is not relying on any egal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges .hat it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. ••oplicant further acknowledges that the District makes no guarantees. warranties. or assurances whatsoever about the quantity wr quality of water available pursuant to this contract/lease. Should the District be enable to provide the water contracted or herein. no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water CQurt Filinq and Augmnentation Plan: Should the District. in its own discretion, :hoose to include Applicant's contract/lease herein in a water court filing for alternate point of diversion or plan of ugmentation, then Applicant hereby agrees to pay to the District. when assessed, an additional fee representing the iistrict's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro - 'ata share of the total cost incurred by the District in preparing. filing and pursuing to decree the water court case. The ;ro-rata share shall be calculated by dividing such total cost by the number of contractees/lessees included in the filing. o the extent that the District is caused additional costs because of abjection filed specifically due to the inclusion of ,apiicant's contract/lease in the filing. such additional costs may be charged specifically to Applicant and not shared on pro -rata basis by all contractees/lessees. 20. Bindinq Agreement: This agreement shall not be complete nor binding upon the District unless ttached hereto is the form entitled 'Application and Data Form to Lease Water From West Divide Water Conservancy District' ully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be ncorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating .o this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PETIT OR OTHER WATER :IGHT IN ORDER TO DIVERT WATER. INCLUDING THE WATER ACQUIRED LFIDER 1THIS CONTRACT/LEASE. IT I5 THE CONTIMJING DUTY OF THE ,PPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL ICHPLETION REPORTS. FILING STATEMENTS OF BENEFICIAL USE. OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A :EGULAR BASIS WITHOUT WASTE. 4 22. AREA R. CONTRACTS/LEASES_ IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT/LEASE IS LOCATED OUTSIDE 'AREA A' AS DESIGNATED BY THE 'DISTRICT. THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND KAY HOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE I5 MADE BY TLE DISTRICT. IF THIS IS A CONCERN TO APPLICANT. THIS CONTRACT/LEASE MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAY5 FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT/LEASE IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT/LEASE SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant: STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The forego i ng instrument was acknowledged before me on th i s 4I" jday of la Ps- " 0 - 1 �` Witness my hand and official seal. 1Do mission expires: ORDER 1,.I 5 4 . 1931 by Notary Public After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application. it is hereby ORDERED that said application be granted and this contract/lease shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By7r/a President ATTEST:: Secretary Date This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany this contract/lease: I Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. 5 03/24/00 14:31 FAX 9702487294 CDOT R3 TRAFFIC IA 01 01/24/20e0 01:20 9708765825 WESTERN SLOPE iDEV �� �� •_. •� .+w rrwc�orctr$ t1.in i TRAFFIC VL it 0a Gt}40#1AbQ �fti �[TflrT � o. STATE HIGHWAY ACCESS PERMIT ! 399 364 st,e. Fresh ay NoMp,?sd. 006D/093.500/L Porrek lee 300.00 The Permittee(a); Robert 0. Klein P.Q. Box 324 Silt, CO 81652 970-876-5242 vf tn++entlts.+ ,►,o,,,s 0312412000 03102/10 J, Garfield C,c catty Applicant; Ref96-035 3oha:2 E. Barbee 50] North 7th Street Slit, CO 81652 970-876-5242 4 harry (wined berlYiebball M7 bare an MOS ki the gum hiptergy st the kidation noted tekeie. The access ahag be constructed, nuwrdeined and used in bs000rrisnce wlQr this parrot Including the Stals Hidrrrey Acres Code and any stmenirw.rb, terms. condiaons and ■rdtibka. Tris permit tray be nrvaired ye w Hat any line the permitted names and I4 Lae violets any s of thFe pw r t. The Issuing authority, the 4eporfrr rt and thew duly tiorees Mal 4v held t amYass comet any wean kr py�onat In ?nr property damage sustained by reason of elle exarriss ofperms.i Location: 4a the north aide of IJS highway 6. a distance of 2500 feet went tato M epaat 94. Access to Provide Sandoeaa' — Matti -Use Deniepmareft ..----- Other,.._,..,,„... Other terms end t ?nc tions: 30 Acres 100.00 % See Attached Pares 2 and 3 artd Other Enr deuces for Adriitamttal Ttrthst aoc4. Conditions. U Nt ICIPALJTY OR COUNTY APPROVAL Required only when the appropriate knot atathority retsina awing etlthOrty. eyDeep (x) Upon the signing of thin permit the permittee agrees to the terms and conditions and refer attachments contained herein. Ail c e: ruction shall be or mpleted in an espedt#ous end cafe manner and shelf to ftnIshed wllhin 45 days from tnitset'ion- The permitted access shall be completed In accordance with tete earths and conditions of the permU prior is being tilted. The permitta+a sten notify fisyen Glairit when the Colorado flepiwttnerrt of Tin In Rifle at 970-625--2286 at feast 46 hours prior to commenting construction within the Siete Highway right-of-way. The oe*7t}n stoma sa Ire restrVtite must be roe, owe( or *gel nwreseritbfrAtof the prciP ti'rtysenea by peoTaftad =we and +'41v* full authority to accept the paned and torula and .-. • its. nae rand until signed bye duly authorized representative of the Department. DEPARTMENT OF zPORTATION ....M;111111r baw Maim lb roams ON Ire wau...sttsn. ars elra.taarrm z.aoaesn �3Fe..,a 14F4 WPC. 0.10 Tr ser 3 s $cotton 3,8'l11z11I1 24/00 CO. i5it9/fiThilibiiiieitEs - FAXES 03/24/00 14:09 FAX 9702487294 COOT R3 TRAFFIC 4102 DEPARTMENT OF TRANSPORTATION Region 3 Traffic Section 222 South 6th Street, Room 100 Grand Junction, CO 61501 970-248-7230 office 970-248-7294 fax March 24, 2000 To: John E. Barbee 501 North 7th Street Silt, CO 81652 STATE OF COLOFADO Dear John E. Barbee; Please review the attached State Highway Access Permit (Foran #101) and all enclosed attaclunents. If you choose NOT to act on the permit, please return the permit unsigned. If you wish to APPEAL. the Terms and Conditions of the permit, please refer to the attached Form 101 pages 2 & 3 for an explanation of the appeal procedures. If you ACCEPT the permit and its Terms and Conditions, please sign and date the Access Permit form on the line marked "PERMITTEE". Your signature confirms your agreement to all the listed Terms and Conditions. - Provide a check or money order made out to the jurisdiction named on the next line for the amount due. Colorado Department of Transportation s---398700 PAID , 64444 Mala: check ar money ceder payable to Amount Due - Return all copies and attachments of the Access Permit along with your payment back to the Colorado Department of Transportation at the address noted below. The Department will process and return to you a validated (signed and recorded) copy of your State Highway Access Permit. If you fail to sign and return the attached Access Permit within 60 days of the date of this transmittal letter, Colorado Department of Transportation will consider this permit Void. You must obtain a Notice to Proceed. DO NOT begin any work within the State Right -of -Way without a validated Access Permit and Notice To Proceed. Use of this permit without Transportation Department's validation shall be considered a violation of State Law. If you have any questions, please call: Charles Meyer at 970-248-7230 Return Access Permit and attachments to: Region 3 Traffic Section 222 South 6th Street, Room 100 Grand Junction, CO 81501 The transmittal to you of the Access Permit forth for your approval constitutes final action by the Colorado Department of Transportation pursuant to section 43-2-147 C. R S., as amended. COOT Form #122 11/99 U3124iUU 14:Uy FAS 91UZ44fzJ4 U1?U1' KJ 'l'KAP'1U 403 STATE HIGHWAY ACCESS PERMIT #399164 Issued to Robert 0. Klein TERMS AND CONDITIONS 1. This permit allows the permittee access from US 6 to all lots in the parcel. Access is based upon a Land Development Office with estimated 10 ADT, a 60,000 square foot warehouse, and necessary traffic for further development This includes, but is not limited to, construction equipment for development. The permittee will submit a development phasing schedule to CDOT within 90 days after signing the permit. The development phasing schedule will at a minimum detail a build -out and improvement plan. The development schedule shall be prepared by a professional engineer certified in the State of Colorado. 2. If there axe any questions regarding this permit, please contact Mike Smith at (970) 248-7231. 3. A Notice to Proceed, CDOT Form 1265 is required before beginning the construction of the access or any activity within the highway right-of-way. All submittals, documents, plans and other items that must be completed, shall be submitted and approved before a Notice to Proceed will be issued. Contact the Department (or local issuing authority) for the Notice to Proceed. 4. The following items arc required before a Notice to Proceed will be issued: (a) Construction Plans Stamped by a Colorado Registered Professional Engineer. (b) Certificate of Insurance Liability as per Section 2.3(11}(]x) of the Access Code. (c) Traffic Control Plan 5. The Permittee shall refer to all additional standard requirements on the back of this permit and any enclosed additional terms, conditions, exhibits and noted attachments. 6. Upon completion of the access, the applicant shall notify the Access Manager by certified mail within 10 days at: March 24, 2000 Colorado Department of Transportation Mike Smith Region 3 - Access Manager 606 South 9's Street Grand Junction, Colorado 81501 7. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operational aspects may render this permit void, requiring a new permit to be applied for based upon existing and anticipated future conditions. 8. This permitted access is only for the use and purpose stated in the Application and Permit. 9. 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. 10. Water, sanitary, sewer, gas, electrical, communication, landscaping, and telephone installations will require individual additional permits. 11. 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. 12. 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. 13. No highway lane closures or one-way traffic will be allowed. 14. 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. 15. It is the responsibility of the Permittee to prevent all livestock from entering the State Highway right-of-way at this access location. Any livestock that does enter the highway right-of-way shall be the sole responsibility of the Permitter. -2- UJ/ L4/ UU 14 : UU PAA 3 (4.1.44i75/4 -U4 41JUI KJ IKAt'I I . STATE HIGHWAY ACCESS PERMIT #399164 Issued to Robert 0. Klein TERMS AND CONDITIONS (cont'd) 16, 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. 17. Landscaping shall not obstruct sight distance at any State Highway access point. 18. 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. 19. Survey markers or monuments found in state highway right-of-way must be preserved in their original positions, Notify the Department at (970) 248-7220 immediately upon damage to or discovery of any such markers or monuments at the work site, Any survey markers or monuments disturbed during the execution of this permit shall be repaired and/or replaced immediately at the expense of the Permittee. 20. 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 Permittees responsibility and shall be repaired or replaced at no cost to the Department. 21. Any damage to any present highway facilities including traffic control devices shall be repaired immediately at no cast 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. 22. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions, to insure proper strength, drainage and erosion control. 23. 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. 24. 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. 25. 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. 26. The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and re -seeded in accordance with the Department standard specifications. 27. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All posts and wire removed shall be returned to the Department 28. All excavations for utility lines, culverts, trenches or tunnels shall meet the requirements of the Occupational, Safety and Health Administration (OSHA), Colorado Industrial Commission, Colorado Division of Mines or the Colorado Department of Transportation, whichever applies. 29. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 50 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade for a minimum of 20 feet. 11 curb and gutter arc 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. 30. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 31. 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 tight -of -way line_ The access vertical grade shall be designed and constructed In conformance with the Department M & S standard M-203-1. 4114 March 24, 2000 -3- 03/24/00 14:09 FAX 9702487294 CDO'1' H3 TRAFFIC t 05 STATE HIGHWAY ACCESS PERMIT #399164 March 24, 2000 Issued to Robert 0. Klein TERMS AND CONDITIONS (contd) 32. The design of the horizontal and vertical sight distance shall be no less than the minimum requirements, as provided in section 4,9 of the State Highway Access Code, 2 CCR 601-1. 33. All required access improvements shall be installed prior to the herein -authorized use of this access, 34. The access shall be surfaced immediately upon completion of earthwork construction and prior to use_ 35. Compaction of subgrade, embankments and backfill shall be in accordance to section 203.07 of the Department's standard specifications. 36. The surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. (I.c. gravel if Gravel exists on current highway, Asphalt if asphalt exists on current highway.) 37. Slopes shall be at a 6:1 ratio on the roadway and a 6: t ratio on the approach. 38. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to detain all drainage in excess of historical flows and time of concentration on site. 39. 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. -4- State Highway Access Permlt 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 as 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 fol 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 internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for forma} 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 from 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 at 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. Ail 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 speafied 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 rnet. 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 66ZLMOL6 3TddVN.L CH .LOUD 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. Faliure by the permittee to abide by all perrnit 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 shall be sufficient cause far 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 improper 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 all times during access construction, in conformance with the M.U.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. 1n 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 permittee's 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 at 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 OO/PZI£O 176ZLMOL6 XVd 3IddV LL EH 1003 Mar -24-00 03:44P R.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 /NC\ 970-945-1253 P.02 ZAPICAMELLA 4110 4S5:Ci4 TES, InC. ENcatl i11a CQtISULT411 i March 24, 2000 Mr. John Barbee SK Collaboration 501 N. 7th Box 324 Silt, CO 81652 RE: Powerline Professional Park Pond Dear John: (970) 945-5700 (970) 945-1233 Fax The proposed pond, in the cul-de-sac will be used for fire protection. The Rifle Fire Protection District requires the pond to store 180,000 gallons for this purpose. When full, the pond will have a surface area of 4616 sq.ft. Well #1 will be used to make up evaporation losses from the pond. Information from the Rifle Weather station was used to determine the evaporation loss for the pond, see attached table. The pond will require approximately 0.29 acre-feet of makeup water a year to compensate for evaporation. If you have any questions please call aur office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Dan Mathes, E.I.T. cc: m 0 Water Surface Evaporation Pond Surface Area 0.106 acres Total Evaporation 45.0 inches (From NOAA TR NWS -33) et Elevation 5300 ft 0 (1) (2) Evap Evap Month Dist (%) (inches) Janua J 3.0% 1.4 February_ 3.5% 1.6 March 5.5% a 0 0 01 s. 03/24/00 (3) (4) (5) (6) (7) Ice Free Precip Effective Net Net % of Month Precip Evap Evap 1 (%) (inches) (Inches) (inches) (feet) 0°% 0.9 _ 0.0 0.0 0.00 1 0.000 25% 0.8 0.2 0.2 0.02 0.002 2.5 100% 1.0 _ 0.8 1.7 0.14 0.015 April 9.0% 4.1 100% 1.0 0.8 3.3 0.27 i; 0.029 May 12.0% 5.4 100% 1.2 0.9 4.5 0.37 -1' 0.040 June - 14.5% 6.5 100% 1.0 July 15.0% 6.8 100% 1.1 August 13.5% 6.1 100% 1.0 September [ 10.0% 4.5 100% 1.2 1.0 3.5 0.30 (8) Total Pond Evap (AF) 0.8 5.8 0.48 0.051 0.95.8 0.49 ' 0:052 0,8 5.3 0.44 0.047 October 7.0% 3.2 100% 1.4 0.031 November 4.0% 1.8 December 3.0% 1.4 1.1 2.1 0.17 83% 1.0 0.7 0.8 0.07 0°% 1.2 0.0 0.0 0.018 0.007 0.00 0.000 Annual 100.0% 45.0 --- 12.E 7.8 33.0 2.75 _i ° 0.29 port evap.123