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MENQRANDU,M AGREEMENT
• This memorandum of understanding is entered into by West -
bank Ranch No. 1, Ltd. hereinafter called Westbank and Donald
J. Ice, hereinafter called ICE and approved by the Board of
Directors of the Westbank Ranch Golf and Country Club, formerly
known as the Westbank Ranch Homeowners Association and herein
called WRGCC.
1. It is understood that Westbank has proposed to transfer
to WRGCC the water system and open space including the golf course
in accordance with the teras of its letter dated December 5, 1977,
a copy of which is attached hereto as Exhibit A. It is further
understood that Westbank desires to develop lands that it present-
ly owns that are adjacent to the area containing the Westbank
Ranch Subdivision Filings No. 1, 2 and 3. It is further under-
stood that Ice desires to develop the land which is adjacent to
the area containing the Westbank Ranch Subdivision Filings No. 1,
2 and 3 which are commonly known as Hilvue Acres, being located
in Garfield County, Colorado and described on the attached Exhibit
C hereto and Ice further acknowledges that said land shall be
bound by the terms of this agreement from and after the time that
title to said land is taken in his name. It is also understood
that WRGCC intends to create a Metropolitan District known as
Westbank Metropolitan District to own and control the operation
of the Westbank Water System and the W?stbank Golf Course and
other recreation facilities.
2. Further, it is acknowledged that Ice desires to connect
his development into the present Westbank Water System and that
Ice and Westbank will probably be required to have a Sewage
Treatment Syetem in order for each. of them to develop their res-
pective tracts. It is further understood that Ice desires to
have the land in his development be a part of the Westbank Metro-
politan District. Also, it is acknowledged that Westbank and
Ice will develop additional living units.
3. Westbank and Ice do hereby agree to share in the cost
of the construction and operation of a Sewage Treatment Plant
for the mutual benefit of their respective developments with
the understanding that the operation of the Plant and collection
system would be turned over to the respective owners of property
served by the system or to the Westbank Metropolitan District
or other appropriate governmental district and the cost of opera-
tion thereof shall be paid by the users.
4. The cost of the Sewage Treatment Plant will be shared
on a prorata basis between Westbank and Ice based on the number
of living units each have approved for development by the approp-
riate officials of Garfield County, Colorado, with a minimum
number of 40 units for Ice and 80 units for Westbank to be used
for participation in the Plant whether or not they decide to
build fewer units than the minimum. Westbank and Ice will coordin-
ate the planning of the Plant and the Westbank I•Ietropolitan Dist-
rict will be consulted in the planning of the plant, for future
expansion, and it is agreed that the same must be operational no
later. than October 1, 1980 unless otherwise agreed by Westbank
and Ice.
Exhibit G
5. The Sewage Treatment Plant will be located on the
lower level adjacent to the present holes #2, 3 and 4 on the
Westbank Golf Course, and Westbank or its successor will
provide rights of way and easements necessary for the Sewage
Treatment Plant and collection system.
6. Both Westbank and Ice have the right to withdraw
from the agreement to participate in the Construction and
operation of the Sewage Treatment Plant and system up to
July 1, 1979 by giving written notice thereof to the other
party and otherwise by that date they will enter into a
formal written agreement regarding the construction of the
Sewage Treatment Plant and the operation thereof.
7. If either Westbank or Ice withdraw from this agreement
to build a Common Sewage Treatment Plant, then either of
them shall have the right to build and operate a Sewage
Treatment Plant and Collection System on the land provided
by Westbank or its successor as set forth in paragraph 5
above.
8. In consideration of the right for his development
to have equal right of use of the Westbank recreational and
open space facilities, Ice agrees to contribute the sum of
$2,250.00 per living unit approved for development by the
authorities of Garfield County. Such contribution shall be
made and be for recreational purposes. "The contribution
from Ice for each living unit shall be due and payable at
the time of sale or occupancy of each unit but in any event
not later than July 1, 1984.
9. If the Westbank Metropolitan District is formed,
the contribution of Xce stated in the preceeding paragra:)h,
shall be paid to the District subject to the terms and
conditions of this agreement and for its use for recreational
facilities with Westbank and Ice to be consulted with respect
to the use of these funds.
10. If the Westbank Metropolitan District is not formed,
then Ice shall make the contribution described in paragraph
8 above directly to Westbank which agrees to put such funds
into recreational facilities as agreed upon by Ice and
Westbank. If they are unable to agree, each shall appoint
one arbiter who will in turn appoint the third arbiter with
the decision of the majority of them to be final.
11. The sewer lines needed to collect and transport
sewage to .the Treatment Plant from the developments of Ice
and Westbank will be paid for respectively by Ice and Westbank
until such sewer lines join. The cost of any common collection
lines shall then be paid for by Westbank and Ice on the same
basis as they share the cost of the Treatment Plant as set
forth in paragraph 4 above.
12. The cost of operation of the Sewage Treatment Plant
and collection system will be distributed on the prorata
number of units or equivalent thereof that are attached to
the Sewage Treatment System by each development of Westbank
or Ice as such units or equivalent thereof are determined by
the ordinances for sewer services in effect or as amended in
the Town of Carbondale, Colorado.
13. Ice will pay $150.00 for a water inspection fee for
each living unit in his development, which payment shall constitute
payment of any tap fee to Westbank or the Westbank Metropolitan
District, as applicable.
14. In return of the right for his development to
connect to and be served by the present Westbank Water
Systems for both domestic and irrigation purposes, Ice
agrees to transfer to either Westbank or the Westbank Metropolitan
District, the water, water rights, ditch and ditch rights
appurtenant to the land in his development, including Owens
Domestic and Irrigating Well No. 1 for 0.10 cfs as adjudicated
in W1300 Water Division, No. 5, State of Colorado and Owens
Domestic Well, No. 1 for 0.022 cfs as adjudicated in W1299
Water Division No. 5, State of Colorado and as further
described in the Report on a Proposed Water System for Mr.
Don Ice by Stanley L. Dodson, dated June 16, 1978, attached
hereto as Exhibit B. Ice further agrees that water from the
domestic system shall not be used for irrigation of lawns or
gardens, and further agrees that all of the common open
space in his development will be irrigated only from the
Westbank Irrigation System, and that all cost of the necessary
facilities will be borne by him. Ice agrees that he will
promptly apply to the Water Court, Water Division No. 5,
State of Colorado for adjudication of an absolute right to
the difference in the amount of water presently adjudicated
set forth above, and the pump test amounts as described in
Exhibit B, attached hereto.
15. If the Westbank Metropolitan District is not formed,
then Ice will transfer the above described water, water
rights, ditch and ditch rights to Westbank in return for his
right to have his development served by the Westbank Water
Systems for both domestic and irrigation purposes and thereafter.
Westbank and Ice will each own part of the resultant water
system in the appropriate percentages based upon the total
number of living units that each has developed or had the
right to develop.
16. Ice agrees to guarantee the decreed quantity of
water that is available and the delivery capacity thereof
for the wells that he will transfer as they are presently
adjudicated and constructed and such additional_ amounts as
may be adjudicated in accordance with the provisions of
paragraph 14 above, as of the date that he connects his
development to the Westbank Water System and actual use of
water for his development begins and that if said wells do
not deliver up to the decreed amount of water for each well
on a sustained basis at that time, that he will pay for and
provide such additional water as is needed to meet such
decreed quantities.
17. Ice will pay for the cost of installation of water
lines within his development and for the lines needed to
connect his development with the Westbank Water System. The
Westbank Metropolitan District or Westbank as the same may
be applicable, shall approve the design of Ice's Domestic
Water System which shall include meters for each individual
living unit.
18. Ice agrees that at the beginning of construction of any
living unit in his development, he will escrow the pro rata share
for each unit of the total cost of providing the water storage
required for his development, and that upon completion of 25%
of the total living units authorized for his development or the
expiration of 24 months from the beginning of construction of any
living unit, whichever comes first, Ice will have the total amount
of water storage completed and the storage facilities on line with
the Westbank Water System. The water storage to be built by Ice
will be .constructed in accordance with the standards established
by an engineer, employed by Ice, who is acceptable to Westbank
and the Westbank Metropolitan District if the same is in existence.
The need for water storage capacity shall be that as required by
the officials of Garfield County, Colorado for Ice's development.
19. The terms of this agreement shall be additional con-
ditions to the transfer of the property set forth in Exhibit
A by Westbank to either the WRGCC or the Westbank Metropolitan
District.
20. This agreement shall be binding on the respective
heirs, personal representatives, successors and assigns of
the parties to this agreement.
Dated this 12th day of January
at Glenwood Springs, Colorado.
Attest:
, 1979,
Westbank Ranch No. 1 Ltd.
By: Westbank Development Co., Inc.
General Partner
Bv:
v i
i�-GCe" e.
Dolores Huebinger, .ecrbtary
Attest:
ahn Huebinger, Jr.
ident
Donald J. Ice
Westbank, Ranch Golf Country Club
/2
i( i
By:
-Cecil
Hal Stewart, Secretary
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss
un, President
The above Memorandum Agreement was acknowledged before me
this 12th day of Januar, , 1979 by John Huebinger, Jr. as
President and Dolores Huelpinger as Secretary of Westbank Deve-
lopment Co, Inc., General Managing Partner of Westbank Ranch
No. 1 Ltd.
My commission expires:
August 12, 1981.
Witness my hand and official seal.
Notary Public
STATE OF COLORADO )
ss
COUNTY OF GARFIELD )
The above Memorandum -Agreement was acknowledged before me
this 10th day of November , 1978 by Donald J. Ice.
My commission expires: September 5, 1982.
Witness my hand and official seal
942-c-= /V.
Notar Public
STATE OF COLORADO )
ss
COUNTY OF GARFIELD )
The dove Memorandum Agreement was acknowledged before me
this i day of ,0:L."LDh, , 1978 by Westbank Ranch Golf
and Country Club by Cecil L. Dunn its President and Hall Stewart
its Secretary.
My commission expires:
Witness my hand and official seal
C)49.411 Lc).
Notary lublic
WCC1.75ANK RANCH NO, 1 L`
P.O. [30X 987
GLENWOOD SPRINGS, COLORADO 81601
PHONE 945-M2 : ; 6619
December 5, 1977
EXHIBIT "A"
Mr. Lyle Beattie, President
Westbank Ranch Homeowners Association
P. 0. Box 95
Glenwood Springs, Colorado 81601
Dear Mr. Beattie:
Westbank Ranch #1 Ltd, Developers of Westbank Ranch wishes to
make the following proposal to the Westbank Ranch Homeowners
Association. The purpose of this proposal is to initiate an
orderly transfer of the water system and Golf Course to the
Homeowners. For brevity, we will refer to WBHA as Westbank
Ranch Homeowners Association and WB1 as Westbank Ranch 11 Ltd.
(1.) WB1 will convey to WBHA the Golf Course, the green area
between the Golf Course and river, the Club House, Golf Course
equipment as per attached list, and the water system in its
entirety with all surface water rights.
(2.) WB1 agrees to complete an additional 100,000 gallon
storage tank (presently under construction), a new well
producing at least seventy-five (75) gallon ,per minute and all
water and electrical connections for an operable system thereto.
(3.) WBHA agrees that the water inspection fee will not exceed
$150.00 per connection either in the present one hundred lot
development nor for the proposed eighty (80) to one hundred
(100) lot upper development. This is covered in Article XIII,
Section 3Cof the Westbank Ranch Homeowners Association Bylaws.
(4.) WBHA will provide irrigation and domestic water at a
location of the newly constructed water resevoir for the future
development of the developer.
(5.)
The WBHA Bylaws will become a part of this agreement.
(6.) In consideration for the above, WBHA will issue a ten
(10) year note payable to WB1 in the amount of $50,000.00 at a
rate of 5% per annum interest rate payable in ten (10) equal
installments plus accrued interest annually. In addition, WBHA
Will extend golfing privileges to the John lluebinger Family
for life. The privileges for the Huehinger Family will expire
on their twenty-first birthday. This golfing privilege also
extends to the Huehinger private golf cart. In addition,
because of previous negotiations with certain landowners and
mineral right holders, WB1 has extended life time golf
privileges to two (2) married couples, which shall be honored
by WBHA.
(7.) WB1 will assign its employment agreement with the Golf
Pro to WBHA.
JH/dh
Attachment
Sincerely,
hn Huebinger, Jr., Proms. 'J
Westbank Development, Inc.
Gen. Partner, Westbank Ranch #1
Limited
2
WESE, ANK RA E1 NO. 1 LT1)
P.O. F', 087
GLENWOOD SPRING' 'OLORADO 81601
PHONE 6619
December r 1977
Golf Course F4I ipinent List
1 -.Massey Backhoe , Serial # Unknown
1 Freezer
u
1 v Ice Machine
1 - Refrigerator H
1 -. Stove, GE TP 112346G
1 -- Refrigerator, GE At 632273
1- 5 Gang Mower, 45--1106, #5-1105,f5--1090, #5-1116 & f4-00144
1.- Toro Power Mower (hand) "Whirlwind 11D25", Model #V50,
60052G, SN#3072R
1 - Scotts Model R7 Fertilizer Spreader
1 - Scotts Model 100-4 Drop Fertilizer
1 - Ryan Matawa.y and AtLachments, Engine No. 243432, Type 066-01
Code 7301311, Model #544283, SN 041801
1 Ryan Spreadrite Model 4544250, SN #40184
1 ^ Cyclone Seeder
1- Massey -Ferguson Tractor_, Model #Mf_ 135, 81517145,
SN #SGW 641012301
1 - Hanson Sprayer, Model #101856, 173067
1 - Jacobsen Greensmower with Grasscatcher, #62207-2628
1 - Toro Greensmaster #3, SN #04401, 1104401-42954, 20040-42661
and 04401-43053
1 - Rough Mower
1 - White Chevrolet 1967 Pickup Truck SNfCF147S 163665
TAN LEY L. DDDSDN
Professional Engineer
103 POLO ROAD
P. 0. BOX 248 (303) 945-8651
GLENWOOD SPRINGS, COLORADO 81601
,Tune 16, 1978
EXHIBIT "B"
REPORT ON A PROPOSED WATER SYSTEM FOR
MR. DON ICE
The source of water for the proposed housing development
is underground water which is pumped from drilled wells.
Characteristics of the existing wells and pumps are as follows:
Pump #1 5 HPmotor 73 GPM capacity
Water level in well is 574
Well depth is 771
Pump depth is 714
12" diameter casing
Pump {#2 HP motor 12.5 GPM capacity
Water level in well is 51'
Well depth is 74'
Pump depth is 704
6)/» diameter casing
DOMESTIC WATER SERVICE
For 60 Town Houses, 2 and 3 bedroom size
The Daily water demand is:
60 homes x 112 GPD/capita x 3.5 persons/home = 23520 GPD
The total pumping capacity of the two well pumps is
73 GPM + 12.5 GPM = 85.5 GPM.
Providing drawdown does not interfere with pump performance,
a continuous 24 hour operation of the pumps would deliver:
24 x 60 x 85.5 GPM = 123,120 GPD
Since an average of 23,520 GPD will be required, the pumps
woul. have to operate:
23,520/123,120 = 19% of the time.
The peak hours of each 24 hour day must be taken into
consideration. Peak water consumption on a daily basis occurs
between 8 AM ane. 10 PM each day. During those hours (14 hours),
the water demand will average 120% of the daily average.
Average hourly demand for 24 hours is:
23,520 Gallons/24 hours is 980 GPH
980 GPH x 120% = 1176 GPH
1176 GPH x 14 hours = 16,464 gallons
During those 14 hours, the pumps at full service and running
continuously would deliver:
85.5 GPM x 60 minutes x 14 hours = 71,820 gallons
Therefore during the 14 hours of peak use, the pumps would
have to operate:
16,464/71820 = 23% of the time
Page 2 Report on Water System for Don Ice 6/16/78
It is intended that this water system will be cross -connected
to the Westbank Ranch water system; therefore, there will be
adequate storage facilities to compensate the High and Low water
demands over the 24 hour period of the water system herein
adiscussed.
Attention should be directed to the fact that this analysis
is based on the pump data supplied to the writer and that both
pumps must be operative and that ground water draw down will not
reduce the pump efficiency and capacity.
IRRIGATION SERVICE
It is planned that approximately 3 acres of greenbelt area
may be sprinkler irrigated using the two aformentioned well pumps
in addition to the domestic water demand.
During periods of maximum irrigation water requirement, the
daily irrigation water demand could require up to:
50 GPM x 60 minutes x 8 hours = 24,000 gallons/day.
Earlier in this report, it was calculated that the daily
domestic water demand would be 23,520 gallons/day. Add this
to the 24,000 gallon per day requirement for irrigation and it
totals 47,520 GPD.
Since the two well pumps have a total daily capacity of
123,120 GPD, the pumps would have to run:
47,520/123,120 = 39 of the time.
,This is a very heavy 24 hour d -errand on the pumps and it is
recommended that approximately 1/3 more well pump capacity be
added to the system if sprinkler irrigation is to be included
in the water system demand.
Please note that no allowance has been provided in the
above figures for leakage in the water system. Arbitrary
figures can be added to the water requirements to cover for
line leakages, plumbing leakages, and other losses.
Stanley L. Dodson, P.E.
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"EXHIBIT.C."
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ri: , `lCounty'of Garfield': : ', And State of Colorado;'to•wit:'', ' ' r ... ..I
PARCEL '1: • A tract ofland situated in Lc is '26 and 11, Sec.- 35, and
Lot 3, Sec. 36, T. 6-S.; R. 89 W., 6th P.M., and Lot 5,. Sec. 1, T. II
7 S., R. 89 t.. ,' 6th •P.14.', described as follows: Beginning at a • i!
point .on the South line of said :Lot 3 whence the .Southwest corner (i
of said Sec. 36 bears S. 86°33' W. 93.82 feet; thence 42°2 N. 2 • 03' W. I,
312.7 feet; thence N.. 46.47' W. 545.5 feet;. II
1.37.2 feet, more ,or less to .the high waterline on the Westerly ;
bank of the Roaring Fork River; thence S. 48°11!' E.'.445.0 'fee:, along;
said high water line••to a point near the' Hardwic?.1 Brizge;• thence S.•I;
28°55'' E..,573.6 feet,' more or• less, .to an existing fence corner i1• -.l1
ing Easterly of the County Road as pow constructed and in,use; ..
thence. S.....30°06' E. 300.1 feet along said fence line, to: the ar.g1e'•'' i1 '
point -in aid fence; thence S. 19°33'••t•7... 389:9 feet. along said fence!. -
to the• angle point in said. fence Easterly of County.Road; thence S. -'i
•40°32'' W. 63.7 feet to a point in said fence (n'the•'Westerly side {; .
of the County Road; thence N. 11°33' W. 542.7 feet; thence :I. 16° : I
31' t'7.. 126.7 .feet;thence N. 22°03' "W. 60.4 feet to the point of_ j
beginning, -containing 4,.024. acres of lard,.more or „less; ---.,.• •I
PARCEL 2:. • A. tr. act of land situated in :Lot 5,• sec. 1,: and • Lot 1, �
Sec. 2, 7.'. 7 .S..,,.°'.R. 89: W,," 6th P":M.;',and Lots .11`and .26,_• Sec. •35, ".• ii
and -Lot -3, Sec.. 36.; '^a .`.6' S. , R.-. 89 W.,. 6th P.1L , ..described as ol - • (l:::
lows;., Beginning':at•;apoint'on the South' line ,of,said Lot•3 whence j •
'the Southwest' corner of said'Sec.' 36.bears. S.' E6,33': W. 93.88 feet;.1j:• •
' thence N.' 22°03' 01. 312.7 feet;' thence .N...46°47' 'm..545.5 feet; • • :: j
thence. S. _25°28' E. 1529:0 feet;._thence N......7.0.°37.1 . Ems; 26.2 feet;...., ,:1I-- •_•
-thcnce.N 11°3•3:W: `542.7 feet; thence N.'.6°31!.;W: 126:7: feet;':'. ;I
thence: ti.• •22°03' t1.; 60..4 feet. to the' point• of _beginning,: contain
inc 4.13 acres of land, more or:less.:;.-;' ,
t