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Home My WebLink About1.0 ApplicationJOHN A. THULSON EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN ROBERT M. NOONE TIMOTHY A. THULSON LORI J. M. SATTERFIELD EDWARD B. OLSZEWSKI KARL J. HANLON 4 DELANEY & BALCOMB, P. C. ATTORNEYS AT LAW 818 COLORADO AVENUE P. O. DRAWER 790 GLENWOOD SPRINGS, COLORADO 81602 Telephone: 970.945.6546 Facsimile: 970.945.8902 April 18, 1997 Mark Bean Garfield County Department of Building and Planning RE: Final Plat Application for the Rapids on the Colorado Subdivision Dear Mark :::7( n 1 8 1991 ;, ji 0 iNi ,try ROBERT DELANEY KENNETH BALCOMB Please find enclosed herewith pursuant to Section 5:11 of the Garfield County Subdivision Code the following materials submitted on behalf of the Rapids on the Colorado River, LLC, instant to the final plat for the Rapids on the Colorado Subdivision, to wit: 1. Final Plat, Rapids on the Colorado Subdivision, date 4/11/97 2. THE RAPIDS on the Colorado Subdivision Improvements (engineered drawings), including: a. Road Plan b. Road Profiles c. Site Grading Plan d. CR 335 Turn Lanes e. CR 335 Cross Sections f. CR. 335 Cross Sections g. Open Space Improvements h. Utility Plan i Water Supply & Treatment J. Utility Details k. Water Storage Tank 1. Tank Access Road 3. Boundary Line Affidavit (Gene R. Hilton and Mary Jo Hilton) 4. Quit Claim Deed (Gene R. Hilton and Mary Jo Hilton) 5. Deed of Easement (Between Gene R. Hilton and The Rapids on the Colorado • River, LLC) 6. Quit Claim Deed (Gene R. Hilton and The Rapids on the Colorado River, LLC 7. Memorandum of Agreement ( The Rapids on the Colorado Homeowners Assoc. and Gene R. Hilton) 8. Deed of Easement (The Rapids on the Colorado River, LLC and The Rapids on the Colorado Homeowners Assoc.) 9. Quit Claim Deed (The Rapids on the Colorado River, LLC and The Rapids on the Colorado Homeowner Assoc.) 10. Bill of Sale (The Rapids on the Colorado River, LLC and the Rapids on the Colorado Homeowners Assoc.) 11. SIA 12. Declaration of Protective Covenants 13. Articles of Incorporation 14. Bylaws Very Truly Yours imothy A. Thulson 818 Colorado Ave Glenwood Springs CO 81601 (970)945-6546 May -02-97 O9:SOA DATE: • lb945-2977 P_01 ENARTECH, INC. Consulting Engineers and Hydrologists (970) 945-2236; Fax 945-2977 FAX TRANSMISSION NOTE JAW NUMBER OF PAGES (INCLUDING THIS COVER SHEET) TO: - Cl r v I N. i f l_ C U P j -r-c) 14 I LT Q',iJ FROM: 4 7742- E - RE: .• ` Y105 .. �. - E 7±E 6 1/Lou N. 0 r s ole l /-30/q7, -&1-, if\ji E- = `ro c Y 0 / C.) rz ` pc—t_ CL -1(:)--T —i` c - c)1 CUT F ��/ I ' / 1 / 1. 1 I./ A '' ! • 11 I I S Ejl 711) • ‘ ' .1.411% I I tbd'' • AN" 94E - 2977 6, C)\ c)\ . _ P _ 02 bk \`1 1)1 STATE OF Roy Romer, Governor Patti Shwayder, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Building Denver, Colorado 80222-1530 4210 E. 11th Avenue Phone (303) 692-2000 Denver, Colorado 80220-3716 (303) 691-4700 December 27, 1996 Peter Belau, P.E. Enartech, Inc. 302 Eighth Street, Suite 325 Glenwood Springs, CO, 81602 RE: New Water Supply Rapids on the Colorado Subdivision PWSID# (To be assigned.) Garfield County Dear Peter: 4 Colorado Department of Public Health and Environment I have reviewed the plans and specifications you submitted, along with the completed "Request for Review" form, for the water supply to serve the above subdivision. I received this information December 12, 1996. Please note the following comments regarding the chemical analysis for the wells that will serve this subdivision. 1. Since the combined nitrate/nitrite results for these wells exceeded 0.5 mg/1, each well must be resampled for the presence of nitrite. Nitrite cannot exceed 1.0 mg/1 as nitrogen in these samples. 2. The composite sample from Wells No. 1 & 2 contained 5.4 ug/1 of Dichloromethane. While this compound was also found in the blank sample, this level exceeds the MCL. Therefore, each well will have to be resampled for this compound. Please note that this compound can be formed during chlorination in water treatment. It is also used in the manufacture of paint and varnish removers, insecticides and fumigants, solvents, cleaners, and pressurized spray products. 3. All other elements of this water supply system meet State Health Department Design Criteria. This office can complete the review process when the above information is received. In the meantime, if you have any further questions, please let me know. 303-692-3542. Sincerely, C. O. 'Bud' Mahn Public Health Engineer Drinking Water Program WATER QUALITY CONTROL DIVISION COM:jb/GENCOR4- cc: Garfield County Health Department Dwain Watson, District Engineer DW Monitor/File, Erica Kannely STATE OFTCCE Roy Romer, Governor Patti Shwayder, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80222-1530 Phone (303) 692-2000 LaboratoryBuilding 4210 E. 11th Avenue Denver, Colorado 80220-3716 (303) 691-4700 January 9, 1997 Peter Belau, P.E. Enartech, Inc. 302 Eighth Street, Suite 325 Glenwood Springs, CO 81602 RE: Approval for New Water Supply Rapids on the Colorado Subdivision PWSID# (To be assigned) Garfield County Dear Peter: ColorAckportartment of Public Health and Environment I have received the nitrite resample results for Wells #1 and #2 from the Grand Junction Laboratories. These results are below the MCL for nitrite. I have also noted in your letter dated January 2, 1997, that Rapids Well #4 is now known as Rapids Well #2. The two wells now used for this subdivision will be recorded as Rapids Well #1 and Rapids Well #2. I have also noted from you letter that the Dichloromethane found in the composite sample was also found in the Trip Blank, and therefore was not from the raw water source. The plans for this water supply now meet all State Design Criteria. The design and construction specifications for this water supply have now been reviewed in accordance with Article 2.1.5 of the Colorado Primary Drinking Water Regulations, and are hereby approved. Any change orders and addendums must be submitted to this office for approval. When this system is within 60 days of completion, this office must be contacted by the project engineer. A representative of this Department may schedule a site visit before the system is put in service. Upon completion of construction, a written certification from your engineering firm must be submitted to this office stating that the facility was built as approved by this office. Approval of this project is based only on engineering design and the facility's ability to provide safe potable water, meeting the Colorado Primary Drinking Water Regulations. Approval shall in no way influence local planning decisions. Sincerely, C. O. `Bud' Mahn Public Health Engineer Drinking Water Program WATER QUALITY CONTROL DIVISION COM:jb/GENCOR4- cc: Garfield County Health Department Dwain Watson, District Engineer DW Monitor/File, Erica Kannely ENARTECH Inc. Consulting Engineers and Hydrologists December 30, 1998 Mr. Gene R. Hilton 2102 West Arapahoe Drive Littleton, CO 80120 RE: The Rapids Dear Gene: This letter is to provide certification for the placement of fill material in accordance with the Garfield County Floodplain Special Use Permit for the Rapids on the Colorado Subdivision (Resolution 97-26, copy enclosed). I, Peter Belau, a Colorado registered Professional Engineer, hereby certify the following: 1. The "as -built" elevation of the fill placed on Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 16, 17, and 18 of the Rapids on the Colorado Subdivision is above the elevation of the 100 -year flood, effectively removing the building envelopes on these lots from the 100 -year floodplain of the Colorado River. 2. The fill material was placed in accordance with the engineering specifications for this type of floodplain development, including the compaction of the fill material. Please note that the Special Use Permit has a number of additional requirements, including that the lowest floor, including basement, of any residence must be at least 1 foot above the 100 -year flood elevation. Sincerely, ENARTECH, INC. Peter Belau, P.E. PB/jlw Enclosure cc: Mark Bean E-mail: belau@rof.net P423-01 DOCSIPJB981423_Ltr G Hilton 123098A gasp r-rl�/�►�y,, J4N 1 �9 B QAAFi i.D cowry 302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, Colorado 81602 (970) 945-2236 Fax (970) 945-2977 Garfield County Road & Bridge Department Memo To: Mark Bean From: King Lloyd Date: May 29, 1998 Re: Rapids Subdivision They're still construction items that need to be addressed relative to this project before any moneys can/should be released. 1) The shoulders on the County Road need to be properly constructed. 2) There is patch work that needs to be done approximately 1 mile west of the subdivision as a result of the project. 3) there is a patch that was made in the new portion of the County Road adjacent to the subdivision that has cracks and they need to be fixed. • Page 1 CERTIFICATE OF TAXES DUE Certificate 971534 •i'ATE OF COLORADO 88. JUNTY OF GARFIELD 2DERED BY:DELANEY & BALCOMB NOTICE , the undersigned, do hereby certify that the entire amount of Real state taxes due upon parcels of real estate property described herein, nd all sales of the same for unpaid real estate taxes shown by the ecords in my office, from which the same may still be redeemed with he amount required for redemption, are as noted herein. ILTON, GENE R. & MARY J. 0 BOX 1274 ITTLETON CO 80160-1274 SCHEDULE DISTRICT 017073 017 2181 091 00 076 DESCRIPTION AMOUNT 9-6-91 EC.4 A TR IN SWSE(19.1AC). SEC.9 PT OF NWNE(22AC BR 0105 PG 0134 BK 0713 PG 0613 OTAL VALUE 840 CRES: 41.100 1996 TAX * * * * TAXES DUE TAX DUE INTEREST TTL DUE: $54.19 * * * * $54.19 $1.08 $55.27 Taxing Entity Mill Levy Tax Dollars ARFIELD COUNTY - GENERAL FUND -ARFIELD COUNTY - AIRPORT :ARFIELD COUNTY - ROAD & BRIDGE FUND ARFIELD COUNTY - SOCIAL SERVICES FUND ARFIELD COUNTY - CAPITAL EXPENDITURES URNING MOUNTAINS FIRE PROTECTION DIST. OLORADO RIVER WATER CONS TEST DIVIDE WATER CONSERVANCY :E-2 GENERAL tE-2 -BOND :OLORADO MOUNTAIN COLLEGE 10.333 0.150 1.600 1.400 0.172 4.125 0.343 0.327 35.030 7.244 3.785 8.68 0.13 1.34 1.18 0.14 3.47 0.29 0.27 29.43 6.08 3.18 nformation regarding special taxing districts and boundaries of such districts lay be on file or deposit with the Board of County Commissioners, the County :lerk and Recorder, or the County Assessor. 'his certificate does not include land or improvements assessed under a eparate schedule number, Personal Property Taxes, or Special Improvement )istrict Assessments, Mobile Homes, or Severed Minerals unless Specifically mentioned. 'otal Calculated Through 06/30/97 Total Taxes Due: $55.27 FEE: $10.00 :N WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 06/13/97 GEORGIA CHAMBERLAIN • 4s•.041.11A4t440. by Deputy 7re.surer �of ARFIELD County, Colorado CERTIFICATE OF TAXES DUE Certificate 971533 "ATE OF COLORADO 88. )UNTY OF GARFIELD WERED BY:DELANEY & BALCOMB NOTICE the undersigned, do hereby certify that the entire amount of Real ;tate taxes due upon parcels of real estate property described herein, id all sales of the same for unpaid real estate taxes shown by the 3cords in my office, from which the same may still be redeemed with ze amount required for redemption, are as noted herein. _LTON, GENE BOX 1274 [TTLETON CO 80160-1274 )03345 335 ROAD SCHEDULE DISTRICT 017153 017 2181 043 00 164 DESCRIPTION AMOUNT 4-6-91 1996 TAX :C.4 LOTS 8(9.5AC), 9(19.5AC), 12(38.5AC) & PT OF 3SW LYING N OF CO. RD.(9.91AC) EXCEPT 2.66AC. * * * * TAXES DUE EC5 PT OF LOT 10(.71AC). SEC4&9 A TR IN SESW,SWSE TAX DUE 3C.4 NWNE. SEC.9 (18.51AC). INTEREST BK 0430 PG 0579 BK 0429 PG 0422 TTL DUE: BK 0466 PG 0029 BK 0466 PG 0204 BK 0500 PG 0372 BK 0527 PG 0748 BK 0834 PG 0233 BK 0996 PG 0665 OTAL VALUE 5420 ORES: 93.970 $349.64 * * * * $349.64 $6.99 $356.63 Taxing Entity Mill Levy Tax Dollars ARFIELD COUNTY - GENERAL FUND ARFIELD COUNTY - AIRPORT ARFIELD COUNTY - ROAD & BRIDGE FUND ARFIELD COUNTY - SOCIAL SERVICES FUND ARFIELD COUNTY - CAPITAL EXPENDITURES URNING MOUNTAINS FIRE PROTECTION DIST. OLORADO RIVER WATER CONS EST DIVIDE WATER CONSERVANCY E-2 GENERAL E-2 -BOND OLORADO MOUNTAIN COLLEGE 10.333 0.150 1.600 1.400 0.172 4.125 0.343 0.327 35.030 7.244 3.785 56.02 0.81 8.67 7.59 0.93 22.36 1.86 1.77 189.86 39.26 20.51 nformation regarding special taxing districts and boundaries of such districts ay be on file or deposit with the Board of County Commissioners, the County lerk and Recorder, or the County Assessor. his certificate does not include land or improvements assessed under a eparate schedule number, Personal Property Taxes, or Special Improvement istrict Assessments, Mobile Homes, or Severed Minerals unless pecifically mentioned. otal Calculated Through 06/30/97 Total Taxes Due: FEE: $356.63 $10.00 N WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 06/13/97 GEORGIA CHAMB IN reasurer o(i GARFIELD County, Colorado by Deputy ENARTECH Inc. Consulting Engineers and Hydrologists July 22, 1997 Mr. Eric McCafferty Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: The Rapids on the Colorado Subdivision Dear Eric: 411RIV This letter is to let you know that we will begin construction of the Subdivision Improvements for The Rapids this week. The Construction Contractor is CG&G Construction, Tyler Birkholtz, Superintendent, P.O. Box 950, Gypsum, CO 81637, Phone (970) 524-6100. Enclosed is a revised Tank Access Road drawing along with the original drawing as approved by the County. The changes are the addition of culvert pipes under the Tank Access Road and a realignment of the water lines to the tank. I met with Ron West on site to discuss these changes and Ron did not object; he did request that the water lines be located outside of the drainage ditch adjacent to County Road 335. Please give me a call if you have any questions or comments in this regard or if we need any additional permits to proceed with this construction. Sincerely, ENARTECH, INC. Peter Belau, P.E. PB/jlw Enclosure cc: King Lloyd Gene Hilton E-mail: belau@rof.net P423-01 DOCS\PJB\42397 13 302 Eighth Street, Suite 325 P.O- Drawer 160 Glenwood Springs, Colorado 81602 (970) 945-2236 Fax (970) 945-2977 STATE OF COLORADO Roy Romer, Governor Patti Shwayder, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado Main Building 4300 Cherry Creek Dr. S. Denver, Colorado 80222-1530 Phone (303) 692-2000 Laboratory Building PO. Box 17123 Denver, Colorado 80217 (303) 691-4700 July 10, 1997 Gene R. Hilton, Owner Rapids on the Colorado River LLC 2102 West Arapahoe Drive Littleton, CO 80120 303/798-1640 RE: Final Permit, Colorado Discharge Permit System - Stormwater Certification No.: COR -032132 THE RAPIDS ON THE COLORADO Garfield County Local Contact: Gene R. Hilton, Owner 303/798-1640 Anticipated Activity: 07/14/97 through 05/25/98 on 97 acres (30 acres disturbed) Dear Sir or Madam: Colorado Department of Public Health and Environment Enclosed please find a copy of the permit certification which was issued to you under the Colorado Water Quality Control Act. Your certification under the permit requires that specific action be performed at designated times. You are legally obligated to comply with all terms and conditions of your certification. We have enclosed copies of the "Notice of Transfer" and "Inactivation Notice" forms for your use when appropriate. Please read the permit and certification. If you have any questions, contact this office at 692-3500. David A. Akers, Manager Permits and Enforcement Section WATER QUALITY PROTECTION SECTION xc: Regional Council of Governments Local County Health Department District Engineer, Field Support Section, WQCD Printed on Recycled Paper Permit No. COR -030000 Facility No. COR -032132 Page 1 of 17 CERTIFICATION CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Construction Activity: Grading, excavation and fill for a proposed residential subdivision, including construction of roadways and underground utilities. This permit specifically authorizes RAPIDS ON THE COLORADO RIVER LLC to discharge stormwater from the facility identified as: THE RAPIDS ON THE COLORADO which is located at County Road 335 New Castle, CO 81647 part of SW Section 04 TO6S R091 W in Garfield County to tributary to Colorado River effective July 10, 1997. Annual Fee: $ 175.00 (DO NOT PAY NOW. You will receive a prorated bill.) CERTIFICATE OF TAXES DUE Certificate 971533 STATE OF COLORADO ss. COUNTY OF GARFIELD ORDERED BY:DELANEY & BALCOMB NOTICE I, the undersigned, do hereby certify that the entire amount of Real Estate taxes due upon parcels of real estate property described herein, and all sales of the same for unpaid real estate taxes shown by the records in my office, from which the same may still be redeemed with the amount required for redemption, are as noted herein. HILTON, GENE PO BOX 1274 LITTLETON CO 80160-1274 003345 335 ROAD SCHEDULE DISTRICT 017153 017 2181 043 00 164 DESCRIPTION AMOUNT 4-6-91 SEC.4 LOTS 8(9.5AC), 9(19.5AC), 12(38.5AC) & PT OF SESW LYING N OF CO. RD.(9.91AC) EXCEPT 2.66AC. SEC5 PT OF LOT 10(.71AC). SEC4&9 A TR IN SESW,SWSE SEC.4 NWNE. SEC.9 (18.51AC). BK 0430 PG 0579 BK 0429 PG 0422 BK 0466 PG 0029 BK 0466 PG 0204 BK 0500 PG 0372 BK 0527 PG 0748 BK 0834 PG 0233 BK 0996 PG 0665 TOTAL VALUE 5420 ACRES: 93.970 1996 TAX * * * * TAXES DUE TAX DUE INTEREST TTL DUE: $349.64 * * * * $349.64 $6.99 $356.63 Taxing Entity Mill Levy Tax Dollars GARFIELD COUNTY - GENERAL FUND GARFIELD COUNTY - AIRPORT GARFIELD COUNTY - ROAD & BRIDGE FUND GARFIELD COUNTY - SOCIAL SERVICES FUND GARFIELD COUNTY - CAPITAL EXPENDITURES BURNING MOUNTAINS FIRE PROTECTION DIST. COLORADO RIVER WATER CONS WEST DIVIDE WATER CONSERVANCY RE -2 GENERAL RE -2 -BOND COLORADO MOUNTAIN COLLEGE 10.333 0.150 1.600 1.400 0.172 4.125 0.343 0.327 35.030 7.244 3.785 56.02 0.81 8.67 7.59 0.93 22.36 1.86 1.77 189.86 39.26 20.51 Information regarding special taxing districts and boundaries of such districts may be on file or deposit with the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. This certificate does not include land or improvements assessed under a separate schedule number, Personal Property Taxes, or Special Improvement District Assessments, Mobile Homes, or Severed Minerals unless specifically mentioned. Total Calculated Through 06/30/97 Total Taxes Due: FEE: $356.63 $10.00 IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 06/13/97 GEORGIA CHAMBERLAIN Trasurer GARFIELD County, Colorado by PENDING CLEARANCE OF CII ) Li % Deputy 6 1997 CERTIFICATE OF TAXES DUE Certificate 971534 STATE OF COLORADO ss. COUNTY OF GARFIELD ORDERED BY:DELANEY & BALCOMB NOTICE I, the undersigned, do hereby certify that the entire amount of Real Estate taxes due upon parcels of real estate property described herein, and all sales of the same for unpaid real estate taxes shown by the records in my office, from which the same may still be redeemed with the amount required for redemption, are as noted herein. HILTON, GENE R. & MARY J. PO BOX 1274 LITTLETON CO 80160-1274 SCHEDULE DISTRICT 017073 017 2181 091 00 076 DESCRIPTION AMOUNT 9-6-91 SEC.4 A TR IN SWSE(19.1AC). SEC.9 PT OF NWNE(22AC BK 0105 PG 0134 BK 0713 PG 0613 TOTAL VALUE 840 ACRES: 41.100 1996 TAX * * * * TAXES DUE TAX DUE INTEREST TTL DUE: $54.19 * * * * $54.19 $1.08 $55.27 Taxing Entity Mill Levy Tax Dollars GARFIELD COUNTY - GENERAL FUND GARFIELD COUNTY - AIRPORT GARFIELD COUNTY - ROAD & BRIDGE FUND GARFIELD COUNTY - SOCIAL SERVICES FUND GARFIELD COUNTY - CAPITAL EXPENDITURES BURNING MOUNTAINS FIRE PROTECTION DIST. COLORADO RIVER WATER CONS WEST DIVIDE WATER CONSERVANCY RE -2 GENERAL RE -2 -BOND COLORADO MOUNTAIN COLLEGE 10.333 0.150 1.600 1.400 0.172 4.125 0.343 0.327 35.030 7.244 3.785 8.68 0.13 1.34 1.18 0.14 3.47 0.29 0.27 29.43 6.08 3.18 Information regarding special taxing districts and boundaries of such districts may be on file or deposit with the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. This certificate does not include land or improvements assessed under a separate schedule number, Personal Property Taxes, or Special Improvement District Assessments, Mobile Homes, or Severed Minerals unless specifically mentioned. Total Calculated Through 06/30/97 Total Taxes Due: $55.27 FEE: $10.00 IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 06/13/97 GEORGIA CHAMBERLAIN �,4'�..`�r'«« M►►:`` �5 `£.,$a �P by Tre surer of(pARFIELD County, Colorado PENDING CLEARANCE OF CHECK Deputy ,` , 6 1997 ENARTECH Inc. Consulting Engineers and Hydrologists May 23, 1997 Mr. Eric McCafferty Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: The Rapids Dear Eric: AGM. V., 1997 Enclosed is the revised Construction Cost Estimate for The Rapids on the Colorado River Subdivision. Construction costs for natural gas service have been removed. This cost estimate does include the cost for earthwork to raise the building elevations on Lots 1 - 20 as required in the Floodplain Special Use Permit. Please give me a call if you have any questions or comments in this regard. Sincerely, ENARTECH, INC. Peter Belau, P.E. PB/jlw Enclosure cc: Gene Hilton Scott Balcomb P423-01 DOCS\PJB\4239706 302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, Colorado 81602 (970) 945-2236 Fax (970) 945-2977 TY EXHIBIT A THE RAPIDS ON THE COLORADO SUBDIVISION IMPROVEMENTS CONSTRUCTION COST ESTIMATE ENARTECH, INC. MAY 23, 1997 ITEM/DESCRIPTION GENERAL SUBDIVISION IMPROVEMENTS EARTHWORK, GRADING 7" ON-SITE PIT RUN GRAVEL PIT RUN FOR UNSTABLE SOILS 3" GRAVEL ROAD BASE 2" ASPHALT PAVEMENT 18" CULVERT PIPE STREET SIGNS POND LINER (BENTONITE) GRAVEL TRAILS LANDSCAPING REVEGETATION COUNTY ROAD 335 TURN LANES EARTHWORK 14" ON-SITE PIT RUN GRAVEL PIT RUN FOR UNSTABLE SOILS 6" GRAVEL ROAD BASE 2" ASPHALT PAVEMENT ASPHALT OVERLAY LEVELING 12" CULVERT PIPE 15" CULVERT PIPE 18" CULVERT PIPE IRRIGATION DITCH RELOCATION TRAFFIC CONTROL STRIPING AND SIGNS REVEGETATION RIGHT-OF-WAY FENCE ESTIMATED UNIT QUANTITY UNIT COST 19000 CU YD $2.50 7100 TONS $5.00 500 TONS $8.00 2800 TONS $13.00 1120 TONS $48.00 280 FEET $28.00 6 EACH $200.00 60 TONS $130.00 1200 FEET $1.50 LUMP SUM $8,000 LUMP SUM $3,000 SUB -TOTAL: 7400 CU YD $3.50 2940 TONS $5.00 500 TONS $8.00 1210 TONS $13.00 680 TONS $48.00 150 TONS $48.00 75 FEET $25.00 20 FEET $28.00 30 FEET $32.00 530 FEET $8.00 LUMP SUM $900 LUMP SUM $1,500 LUMP SUM $3,000 2500 FEET $2.00 SUB -TOTAL: TOTAL COST $47,500 $35,500 $4,000 $36,400 $53,760 $7,840 $1,200 $7,800 $1,800 $8,000 $3,000 $206,800 $25,900 $14,700 $4,000 $15,730 $32,640 $7,200 $1,875 $560 $960 $4,240 $900 $1,500 $3,000 $5,000 EXHIBIT A THE RAPIDS ON THE COLORADO SUBDIVISION IMPROVEMENTS CONSTRUCTION COST ESTIMATE ENARTECH, INC. MAY 23, 1997 ITEM/DESCRIPTION WATER SYSTEM IMPROVEMENTS ESTIMATED UNIT TOTAL QUANTITY UNIT COST COST 6" WATER MAIN 5360 FEET $17.00 $91,120 8" WATER MAIN 1220 FEET $20.00 $24,400 2" WATER LINE IN COMMON TRENCH 440 FEET $4.00 $1,760 4" WATER LINE IN COMMON TRENCH 2300 FEET $6.00 $13,800 6" GATE VALVES 3 EACH $400 $1,200 FIRE HYDRANT ASSEMBLY 9 EACH $2,500 $22,500 1"x 20' WATER SERVICE LINES 23 EACH $700 $16,100 1"x 54' WATER SERVICE LINES 9 EACH $1,000 $9,000 1"x 130' WATER SERVICE LINES 3 EACH $1,400 $4,200 3/4" YARD HYDRANTS 4 EACH $300 $1,200 WELL PUMPS AND CONTROLS LUMP SUM $20,000 $20,000 WATER TREATMENT SYSTEM LUMP SUM $10,000 $10,000 150,000 GALLON WATER TANK LUMP SUM $65,000 $65,000 TANK SITE WORK & ACCESS RD LUMP SUM $25,000 $25,000 TANK PIPING, VALVES, ETC. LUMP SUM $6,000 $6,000 SUB -TOTAL: $311,280 MISCELLANEOUS UTILITIES ELECTRIC SERVICE LUMP SUM $60,700 $60,700 TELEPHONE W/PEDESTALS LUMP SUM $3,124 $3,124 PHONE/ELECTRIC TRENCH 6000 FEET $4.50 $27,000 ELECTRIC VAULT EXCAVATION 16 EACH $400 $6,400 SUB -TOTAL: $97,224 TOTAL SUBDIVISION IMPROVEMENTS: $733,509 7+ GARFIELD COUNTY- PLANNING DEPARTMENT FAX DOCUMENT TO: King Lloyd 94ic-- 01 FROM: Eric McCafferty DATE: 27 May, 1997 MESSAGE: King - I am sending you an engineering estimate for the cost of constructing turn lanes that are required to be built as part of the Rapids on the Colorado Subdivision. You will recall these lanes were to be built by the subdivision developer and included within the Subdivision Improvements Agreement. It was also affirmed by the Board that the cost of these improvements would be credited toward any future road impact fees that the lots within the subdivision may be required to contribute. Therefore, my question to you is, do you feel that the proposed amount and cost of the work, as described on the attached estimate, is adequate as proposed? If you have any additional comment, please provide that as well. Thank you for your assistance in this review. If I can be of assistance, please do not hesitate to call. Please provide your comments as soon as possible. x/20 X/20 Pages sent (including this cover page) Phone: 970.945.8212 Fax: 970.945.1377x1555 or 970.945.7785 THE RAPIDS ON THE COLORADO SUBDIVISION IMPROVEMENTS CONSTRUCTION COST ESTIMATE ENARTECH, INC. JANUARY 6, 1997 ITEM/DESCRIPTION GENERAL crmnrvrcroN aEftoveninrrs EARTHWORK, GRADING 7' ON-SITE PIT RUN GRAVEL NT RUN FOR UNSTABLE SOILS 3' GRAVEL ROAD BASE 2' ASPHALT PAVEMENT 18' CULVERT PIPE STREET SIGNS POND LLNER (BENTONITE) GRAVEL TRAILS LANDSCAPING REVEGETATION COUNTY RO D 335 TURN LANES EARTHWORK 14' ON-SITE PIT RUN GRAVEL PIT RUN FOR UNSTABLE SOILS 6' GRAVEL ROAD BASE 2' ASPHALT PAVEMENT ASPHALT OVERLAY LEVELING 12' CULVERT PIPE 15' CULVERT PIPE 18' CULVERT PIPE IRRIGATION DITCH RELOCATION TRAFFIC CONTROL STRIPING AND SIGNS REVEGETATION RIGHT-OF-WAY FENCE ESTIMATED QUANTITY UNIT UNIT COST 19000 CU YD 7100 TONS 500 TONS 2800 TONS 1120 TONS 280 FEET 6 EACH 60 TONS 1200 FEET LUMP SUM LUMP SUM 7400 CU YD 2940 TONS 500 TONS 1210 TONS 680 TONS 150 TONS 75 FEET 20 FEET 30 FEET 530 FEET LUMP SUM LUMP SUM LUMP SUM 2500 FEET a47ES 7; 4.36"tC2 EiL EXHIBIT B (lof2) 52.50 55.00 $8.00 513.00 $48.00 328.00 5200.00 3130.00 S I.50 38,000 53.000 SUB -TOTAL: 53.50 55.00 58.00 513.00 548.00 $48.00 325.00 528.00 $32.00 58.00 5900 S 1.500 $3.000 52.00 SUB -TOTAL: TOTAL COST 547,500 535.500 $4,000 536,400 S53,760 57,840 51,200 57,800 31,800 58.000 53.000 3206.800 525,900 514,700 $4,000 515,730 532.640 $7,200 51.875 3560 $960 54.240 5900 31,500 53,000 $5,000 5118.205 ENARTECH Inc. Consulting Engineers and Hydrologists 3 0 1991 May 29, 1997 tri -t Stu G4 1 Mr. Eric McCafferty Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: The Rapids on the Colorado Subdivision Dear Eric: This is in response to your letter dated May 28th in which you questioned why the estimated quantity of fill material for Lots 1 - 20 changed significantly from my 50,000 cubic -yard estimate for the Floodplain Special Use Permit. The difference is due to including the quantity of topsoil stripped and placed in the estimated quantity of fill material for the Special Use Permit. The total quantity of fill material for the project is 19,000 cubic yards, including 16,800 cubic yards of fill on Lots 1 - 20 as summarized in the "Site Grading Estimated Quantities" table on Sheet 3 of the drawings. The total area to be stripped of topsoil for site grading purposes (all cut and fill) was previously estimated to be 20 acres. I assumed that 1 foot of topsoil would be stripped from this 20 acres, resulting in an additional 32,300 cubic yards of fill material. I decided not to include the estimated quantity of topsoil cut/fill in the Bid Schedule (or in the Construction Cost Estimate) because I could not accurately quantify the depth of the topsoil; I want to avoid potential arguments with the Construction Contractor regarding topsoil quantities. The cost of stripping and placing topsoil has been accounted for in my construction cost estimate for earthwork. Please give me a call if you have any questions in this regard. Sincerely, ENARTECH, INC. Peter Belau, P.E. PB/jlw cc: Gene Hilton Tim Thulson P423-01 DOCS \PJB\42397 07 302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, Colorado 81602 (970) 945-2236 Fax (970) 945-2977 JOHN A. THULSON EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN ROBERT M. NOONE TIMOTHY A. THULSON LORI J. M. SATTERFIELD EDWARD B. OLSZEWSKI KARL J. HANLON DELANEY & BALCOMB, P. C. ATTORNEYS AT LAW 818 COLORADO AVENUE P. O. DRAWER 790 GLENWOOD SPRINGS, COLORADO 81602 Telephone: 970.945.6546 Facsimile: 970.94 5.8902 May 23, 1997 Eric McCafferty Garfield County Department of Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: The Rapids on the Colorado Subdivision/Final Plat Dear Eric: OF COUNSEL: ROBERT DELANEY KENNETH BALCOMB Please find enclosed herewith three copies of the following revised documents instant to the above referenced subdivision: 1. Quitclaim Deed between the Rapids on the Colorado River LLC and the Rapids on the Colorado Homeowners Association conveying the common open space areas within the subdivision to the Homeowners Association. 2. Quitclaim Deed from Gene R. Hilton to the Rapids on the Colorado River LLC conveying Water Rights for subdivision for later transfer to Homeowners Association 3. Quitclaim Deed from the Rapids on the Colorado River LLC to the Rapids on the Colorado Homeowners Association conveying Water Rights for the domestic water supply for the subdivision. 4. Deed of Easement from the Rapids on the Colorado River LLC to the Rapids on the Colorado Homeowners Association conveying the requisite easements to the Homeowners Association for the maintenance, repair etc. of the water system improvements located off site of the subdivision. 5. Bill of Sale from the Rapids on the Colorado River LLC to the Rapids on the Colorado Homeowners Association conveying the domestic water distribution system to the Homeowners Association. 6. Memorandum of agreement (service agreement) between the Rapids on the Colorado Homeowners Association Inc. and Gene R. Hilton governing the parties respective rights in and to the domestic water distribution system. 7. Subdivision Improvements Agreement between the Rapids on the Colorado River LLC and the Board of County Commissioners of Garfield County Colorado. 8. Declaration of Protective Covenants for the Rapids on the Colorado Subdivision. 9 Boundary line Affidavit and Quitclaim Deed adjusting the boundary lines of the southern parcels held by Gene R. and Marriage Hilton. This boundary line adjustment was required to eliminate the illegal parcel created with the conveyance of the southern parcel common open space to the Homeowners Association. 10. Articles of Incorporation of the Rapids on the Colorado Homeowners Association. 11. Bylaws of the Rapids on the Colorado Homeowners Association. These documents supplant the documents previously submitted to you and these specifically incorporate the amendments previously discussed with you and Don as the same where incorporated in your correspondence of May 12, 1997. With regard to these documents as they relate to the amendments identified in your correspondence of May 12, 1997 I would, in correspondence to the numerated paragraphs of your correspondence, comment as follows: Paragraph 2- Provision has been made for inclusion within the SIA of adequate security for the revegetation of the subdivision. The holding of the security for a minimum period of two years is specifically provided in paragraph III, subparagraph Bof the SIA. Paragraph 3- Language regarding the provision of legal descriptions and certified as -built drawings for the offsite water system improvements that will be constructed is in conformance with this paragraph all set -forth in the SIA at III subsection C. I would add in this regard that the Easements incorporating these improvements that will be conveyed to the Rapids on the Colorado Homeowners Association will similarly be conveyed pursuant to the legal descriptions obtained after these facilities are constructed and in place. Paragraph 4- The amount of time for which the letter of credit will be in place was extended in conformance with this paragraph from six weeks to six months. Paragraph 8- The required notice to prospective purchasers regarding restrictions on building/occupancy has been included as an addendum (Exhibit C) to the SIA. This form complies in all respects with the form utilized in the Aspen Glen PUD, previously approved in form by the County. Paragraph 9- The provision requiring the resubmittal of the Certificate of Improvements (cost estimates) has been included within the SIA at paragraph I.c. Paragraph 10- The provision for the completion of subdivision improvements within one year of execution of the SIA has in conformance with this paragraph been included within the SIA at paragraph I.b. I would add with regard to the SIA, that as of this writing Peter Belau is reviewing his cost estimates to verify that the costs therein include the elevation of the building envelopes as required under the Flood Plain Special Use Permit and addressed in paragraph 14 of your letter. As a result I have not included these costs estimates with the SIA provided herewith; however, Peter has informed me that he will provide these cost estimates to you next Tuesday, May 27, 1997. OTHER DOCUMENTS Paragraph 1- The open space areas within the subdivision will be Deeded through the Homeowners Association pursuant to the above referenced Quitclaim Deed between the Rapids on the Colorado River LLC and the Rapids on the Colorado Homeowners Association. Paragraph 5- The Water Right transfer set forth in the Quitclaim Deed between the Rapids on the Colorado River LLC and the Rapids on the Colorado Homeowners Association above referenced conveys 32.52 acre feet of consumptive use credit and 32.52 acre feet of augmentation water to the Homeowners Association. As set forth therein these amounts of consumptive use credits and augmentation water compromise only 19.7% of the total consumptive use and augmentation water held by Gene Hilton under these Water Rights. Peter Belau has confirmed that the amounts conveyed under this Deed are sufficient to cover subdivision use. Paragraph 6- In order to guarantee the subdivision will have sufficient water to cover peek demand/instantaneous demand, quantified, in both flow rate and storage amount, Hiltons reserved rights into the water system. Paragraph 7- The Bill of Sale between the Rapids on the Colorado LLC and the Rapids on the Colorado Homeowners Association above referenced has been amended to include specific reference to the wells and well permits in accordance with our discussion and as opposed to prior documents conveys 100% of the water system facilities to the Homeowners Association. Paragraph 11- Protective covenants have been amended at paragraph 4.4 to reflect that the maintenance of the home office is a conditional use under the Garfield County Zoning Resolution. Paragraph 12 - The protective covenants have been amended at paragraph 13.2.1 in a manner so that for purposes of the one dog limitation said limitation will not apply to puppies under the age of three months. It is my understanding that you have tenativly scheduled presentment of the Rapids on the Colorado Subdivision before the Board of County Commissioners on June 16, 1997. I understand that this is not what can be deemed a "firm date" but rather that presentment on this date will be 4 contingent upon the further review of these amended documents. In this regard I have confirmed with Don DeFord that he will be able to meet with us on Thursday, May 29, 1997 at 2:OOpm for the purpose of discussing with me whatever additional comments or concerns you may have with regard to this application. If you have any questions or concerns regarding any of the above please feel free to contact me at your convenience. TAT:kk Encl. xc. Gene R. Hilton Don DeFord Very truly yours, DELANEY & BALCOMB, By VTimothy A. Thulson GARFIELD COUNTY SURVEYOR'S OFFICE JUNE 10, 1997 GARFIELD COUNTY PLANNING DEPT. 109 EIGHTH STREET GLENWOOD SPRINGS, CO. 81601 ATTN: MR. MARK BEAN, DIRECTOR RE: COUNTY SURVEYOR REVIEW OF THE RAPIDS ON THE COLORADO SUBDIVISION PLAT. DEAR MARK; I HAVE REVIEWED THE ABOVE REFERENCED SUBDIVISION PLAT AND NOTE THE FOLLOWING: 1) ALL PLAT NOTES AS REQUIRED BY THE COUNTY PLANNING DEPT. SHOULD BE NOTED ON THE PLAT 2) A VICINITY MAP IS REQUIRED PER COUNTY SUBDIVISION REGULATIONS. 3) THE NOTE INDICATING THE 60' ROAD RIGHT OF WAY FOR COUNTY ROAD #335 NEEDS TO BE COMPLETED. 4) IF THIS PROPERTY IS MORTGAGED, A MORTGAGEES' CONSENT CERTIFICATE IS REQUIRED. SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FR ATO GIV' ME A CALL. CC: RICH HOLSAN, P.L.S. 4773 COUNTY ROAD 214 SILT, CO. 81652 SENT VIA FAX COUNTY FILES SAMUEL PHELPS AS GARFIELD COUNTY SURVEYOR County Courthouse Bldg. 109 Eighth Street Glenwood Springs, CO 81601 (970) 945-1377, Ext. 2510 Samuel Phelps Garfield County Surveyor Private Office 214 E. Eighth Street, Ste. 210 Glenwood Springs, CO 81601 PH: (970) 928-8233 FAX: (970) 945-8565 May -29-97 01:38P NEW PUBLIC WATER SYSTEM THE RAPIDS ON THE COLORADO DESIGN ENGINEER'S REPORT 970 945-2977 P-01 Post -It'"" brand fax transmittal memo 7671 From Co. Dept Co. Phone # Fax # `1q FA M Prepared By: Peter Belau, P.E. ENARTECH, INC. 302 8th Street, Suite 325 P.O. Drawer 160 Glenwood Springs, CO 81602 November 22, 1996 May -29-97 01:38P TABLE OF CONTENTS 970 945-2977 P.02 PAGE INTRODUCTION 1 WATER SUPPLY 1 WATER TREATMENT AND DISTRIBUTION 2 CONSTRUCTION AND OPERATION 2 ATTACHMENT A - WELL CONSTRUCTION INFORMATION ATTACHMENT B - DESIGN CALCULATIONS ATTACHMENT C - WATER QUALITY ANALYTICAL REPORTS May -29-97 01:39P INTRODUCTION 970 945-2977 P.03 The purpose of this report is to provide engineering design information for the proposed community public water system to serve The Rapids on the Colorado subdivision. The Rapids on the Colorado subdivision is a new residential development located in Garfield County two miles southwest of the Town of New Castle (see Figure 1, Location Map), The development consists of 33 residential lots two acres or larger in size along with four open space parcels on 97 acres of property. Wastewater treatment and disposal for the 33 lots will be provided by on-site individual sewage disposal systems. WATER SUPPLY The sources of water supply for the development are the Rapids Well No. 1 and the Rapids Well No. 2. The location of these two wells is shown on the Utility Plan, Sheet 1 of the design drawings. These two wells have a combined long-term water yield of at least 105 gallons per minute (gpm), as evidence by 24- hour pump tests conducted for each of these wells (Attachment A), The construction of the wells is described in the Well Completion Reports (Attachment A) and is illustrated on the Water Supply and Treatment design drawing. The wells are not located in a 100 -year floodplain. Alternative sources of water supply considered for the development include the existing water supply system that serves the Apple Tree Mobile Home Park located approximately 1 mile from The Rapids development. On-site wells were chosen as the source of water supply because of cost-effectiveness, availability of groundwater, reduced potential for contamination compared to surface water, and because the property owner had an approved water rights plan for augmentation to utilize groundwater from the site. The 33 -lot subdivision will have an estimated 116 persons served by the public water supply system. Lawn and garden irrigation from the public water supply system will be limited to 10,000 square feet per lot within The Rapids subdivision. The maximum day water requirement for the 33 lots, including in-house use and lawn irrigation, is estimated to be 95,000 gallons per day or 66 gallons per minute (see Design Calculations, Attachment B). The well pumps to be installed in the Rapids Well No. 1 and Well No, 2 will have a combined pumping capacity of 100 gallons per minute (gpm). Well No. 1 will have a pumping capacity of 62 gpm pumping against a total dynamic head of 196 feet. Well No. 2 will have a pumping capacity of 38 gpm pumping against a total dynamic head of 205 feet. The pump capacity/head curves for the two well pumps is included in Attachment B. The water system is designed to supply water at a rate equal to the maximum day water requirement. With a combined pumping capacity of 100 gpm from the sources of water supply, the water system can serve up to a population of 175 persons or 50 lots with 10 000 square feet of lawn irrigation (see the Design Calculations). The capacity in the water supply system that exceeds the water requirements of The Rapids on the Colorado subdivision will be reserved by the project developer to serve potential future development on adjacent properties. 1 May -29-97 01:39P 970 945-2977 P.04 WATER TREATMENT AND DISTRIBUTION Water quality analytical reports for raw water from the two wells are in Attachment C. Water from the wells does not exceed any of the limits for regulated contaminants or any of the suggested limits for unregulated contaminants (except sodium). Water treatment will consist of disinfection with chlorine, A liquid chlorine solution will be injected into the raw water from each well with liquid chlorine solution pumps located in the control building adjacent to Well No_ 1. The design of the water treatment system is shown on the Water Supply and Treatment design drawing, Liquid chlorine was chosen over gas chlorine for better operational safety. The chlorinated water will flow through a 4 -inch raw water line up to a 150,000 -gallon water storage tank. Chlorine contact time will be in excess of 30 minutes. The water storage tank will be an above -ground steel tank located on a hillside southeast of the development (see the Utility Plans and the Water Storage Tank design drawings). The tank site is located on property owned by the project developer; access and utility easements will be provided to the Homeowner's Association. The design of the water storage tank includes an air injector to remove radon gas from the water (see the Water Storage Tank design drawings). The water distribution system includes 6 -inch and 8 -inch water mains from the water storage tank to the subdivision; the water main is looped within the subdivision. Water pressure within the development will range from 60 psi to 70 psi_ The water mains and the water storage tank are sized to provide a fire flow of at least 750 gpm at 20 psi residual pressure at any of the fire hydrants throughout the development, in accordance with design criteria for single family residences by the Insurance Services Office (ISO). The water supply line from the wells to the storage tank is separate from the water distribution mains from the storage tank to the development. CONSTRUCTION AND OPERATION The water supply system improvements are scheduled for construction in the spring of 1997. The cost of the construction will be paid for by the project developer, Gene R. Hilton, as Manager of The Rapids on the Colorado River, LLC. Construction of the improvements will be secured by a Sank Letter of Credit or other security provided by the developer to Garfield County, The completed water system improvements will be dedicated to The Rapids on the Colorado Homeowner's Association, which will be incorporated in accordance with State Statutes. The water system will be operated by a Colorado licensed operator hired by the Homeowner's Association. Operational costs will be paid by the Homeowner's Association from water use fees and other fees levied in accordance with the Association's Bylaws and Covenants. P423 -D1 (P423_04D)96 2 May -29-97 01;39P ENARTECH, INC. 302 Eighth Street, Suite 325 P.O. Drawer 160 GLENW00D SPRINGS, CO 81602 (303) 945-2236 JOB 970 945-2977 P_O5 SHEET NO CALCULATED BY CHECKED BY SCALE OF pI ,dam' S'�f p - (3 (L--Yrt) DATE DATE I)0 A-T()PP l -Y Y Q V 1 ,�G D&- Irk 11, 5Q 9rd P i- 1 ry - J -i-00,-, c_ — A -V6. D 7•-• 53-0 16507. (»I DiD roc) �,,G�P) 4) l rYrz-i 4-6)7 = l( / 00 0 S . ;1 - Pr f Pr , M.0 r4 (* I72b�. M Oft—Ar RFS , , ) 2, f-50.0G4.,.f.,) ! e *`)z 0.7; / M V -t aril . SIO DC)U � • f.+(IQ ; - ; a>< 11 q -. r9Ast v5 7 `� L" r � � Gig 5G7 +..5- 1 ...:96!.r 0748 1 z ( r' � m TO T &-Z— w 51)1-'17 �~ /L.rica ("o r c� �. ` v 5 I ' 1a• (i..a � rYtI , �� H-'� � ✓ t -4Th ( , , t= (Iso MIN�r4UwC )1<-7.. U 1 r2r-r) 51-0 7,20 6'i Sr03z1-� r 5� a (c, U ,,, ; ✓ D-771 U v *- la, vcaU 1 5 /6)c) c.� (70 7 50 cE raw '� LC_ � LIP-) S ILO )LI a ILL= FAODULvq. Linn, 205 I MgpaOi /�a ew. r, Ana 0147l la 0,1%, .0% TOLL rREE xans 620 May -29-97 01:39P ENARTECH, INC. 302 Eighth Street, Suite 325 P.O. Drawer 160 GLENWOOD SPRINGS, CO 81602 (303) 945-2236 970 945-2977 jos �Tt1 f ire, t SHEET NO. CALCULATED BY PI i/ j�}_'ro CHECKED BY SCA!. F P. 06 OF j DATE 5--(E? —C74' DATE LLAI-7t) O , t �Pc T 1 G._ w it— F L. -CV . r\J C5-0(.7 — / (D7 5Lf `r'C E --t-, t,r&i t- `-LEV. i1—.i (90 06-06—. 5 5"of7I s -s o - 7& C 6.Y. 5G3 5- 3 c 3c ►- 5-6 1- A-0 1) do' o1" B' M. I 1.01t— L o 5 t 3,6/ rvp 1'1 /000' of--- ) 1 )t loon of err pliot.N f}r ) 10 110 r� f e /7- 6O jr,= 6, 5 � -V- 04 64- (90 5 S -Li 7 j I =- tA) elf Yu ,,4 p Hke G oV L -O S 70 6 ,,PMaI?CJ ,,,anmi% y%S A G'cI' Y1 SOL LI Ua,dJGZiro" May -29-97 01:39P ENARTECH, INC. 302 Eighth Street, Suite 325 P.O. Drawer 160 GLENWOOD SPRINGS, CO 81602 (303) 945-2236 JO©. 970 945-2977 P.07 SHEET NO �! r� OF V ` CALCULATED HY ` 6 C.. L..' DATE J /13 CHFCHED BY DATE F I- C- eU 1\4 e .D E„ S ! (rL� Tat OF c_c__ v. = 567 i=f}t9 Sc7 ' -L-CN 550G P SOG- 50' _ 5L15 /t'4 I O' CF PrZ-)r fir 110,y1,-‘, 5, M I1\oiL L,oa TOTt1-L IL( Cr 7 or.1 1-0 SS = ( fi T1 T, )4-- D S ! C.r-tq 65- Fc—ov-) Pry os' T1/31+ = ? 3 e t pr -s4 O (N - I! 6- 12)0 T S Q tz. ,.) D o N1 A-0 .(O 'Pc] / Jf) /0' F,zr1C T V I- = 75- fi (PO ` l j I G -f v IVT C� (="Low 6- � _ (-70Dev.i ri 3, v.) cp3Ducr D+J iiS'So Shms, bS ,NCdd/airCIO FniNF Ifni fiif May -29-97 01:40P ENARTECH, INC, 302 Eighth Street, Suite 325 P,O. Drawer 160 GLENWOOD SPRINGS, CO 81602 (970) 945-2236 FAX 945.2977 JOB 970 945-2977 P-013 SHEET NO Rpreios OF CALCULATED 9V l�'" / v DATE -- _ `r? CHECKED BY DATE SCALE U1.-1- i iLI Y /VA- ciTY tiJ P-Tt"- ... .............. . £. ( 1(4?-15LA-, i S 66 ( ou ,J2,--e0A., 10-1 .50 Q v Pr -6,1 V- /c)— 0)\ -701 6- T 7 1 (? ( O7O Qyiao- )- (qoc coo '8 S. % _ _ /0+9 '_-ftl ,6 . 5r Vim{ Tam C tiF m, FRFF I A ns ar. May -29-97 01:40P ENARTECH, INC. 302 Eighth Street, Suite 325 P.O. Drawer 160 GLENWOOD SPRINGS, CO 81602 (970) 945-2236 FAX 945-2977 970 945-2977 P.09 SHEET NO OF {��} CALCULATED BY 1 ` 63E7L- P "` DATE .5-- /6— 7 4. CHECKED BY DATE SCALE ��4XJJ374., C I -N-0 «-- 1 N F CoN 7-%)--c7" T M I . a - '� 4! 7. )97T -10.(`I ' ''c70+ W -42V.•�,� �� (/O 0 n r rte) ( f A2 -2-C re../1— /00 oe",) Ft,-dw Tir'i l N l-�e-� ! Fire- T L -- . 1X50 --r 1 '35-0/ F LJ7.- T ,�� I2 av ` 2 r S rt --r-\-) P1)0 0 (1 (o ),J (75 00 (—) 10 0 r r� ..,_ 7. J CJ ✓L l i In u d 5— 1L0�'' 1r S cry. tNa,1767; I ,P/4l40,/,n,nt Golan MI. 11.1711,, (8mn F.3111 Till! 'RFF 1 8,16 735 6380 May -29-97 01:40P ENARTECH, INC. 302 Eighth Street, Suite 325 P,O, Drawer 160 GLENWOOD SPRINGS, CO 81602 (303) 945.2236 970 945-2977 JOB . 1 1 (.r - ) S SHEET NO P.10 CALCULATCD BY F, CHECKED BY - SCALE OF (C2q DATE _ 5 - ISJ(� - ` OATS - - f j Y? FL 0&n) •12,0/ el /1-1 FLA- L-) = ^ }- /0 5) err— 4,UazE' "•- ( bciS ` SS S , 1 '=• c--7; Lo4 I OQ f', o Vi—VA-19 L -O I 2306 Ff. or MINOR._ L.0, 5C5 9' b'a 19)ec_ C _ 62-1)) (� ) = 53 is 'r 1 Mrs gy=p 0; r -r1! 14 F 5t 45— 5-5-05 —9 to 53 - /O y IC -6— 12-e SSU YZ = j 4 ) MP c. 1'tl' U 5 r<GO e Ph/ P-1L-Ac3t-.- NICZULT Xd 1 154gk Mac; n.1 (,aaoam /ACM)* Jll7i LJ Gao Fei(AF i FRFF 1 Y10:15 Ell0 May -29-97 01:40P 970 945-2977 P.11 Submersible umps MODEL NO. 7OGS For 4 and larger wells METERS FEET 55 TOTAL OYHALNC HEAD 150 140 120 100 80 60 40 20 50 45 40 35 30 25 20 15 1 5 uJ W 70 60 50 40 30 20 10 D _ 0 0 10 20 30 40 S0 60 70 80 90 100 110 120 GPM 0 5 1 20 30 i Pw CAPAIttTY DIMENSIONS AND WEIGHTS HP Stapes with Franklin Motors Model No. length:, L Wt. as.) 70G51f)412 581 AS 3 7 70GS30432,34 57.5 56 706550412 69-5 88 5 12 70GS50432.34 73.5 72 70G575432 100.1 97 7% 18 _ 70G575434 100-1 97 (All dimensions are in inches and weights in lbs- Do not use for construction purposes.) NOTE: Pump and motor ship in separate containers. Motor lead is in motor carton. WATER TECHNOLOGIES GROUP DISCHARGE 2' NPT Eifernal Check Valve not included �--- 3.84' Effective diameter with cable guard SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE PItriNTED IN U 4 - L. --- -1.----- -- -RECOMMENDED RANGE 0.--- D.7.--------:--- -_—._... 30 — 120 GPM --- 1 i I - 4 7nOtffSR1ti 1--- t • 3 i - AL 7001SSOR • Oki IMMORRIII s •.+_ r 1rw.1;:411: ++a�► t uJ W 70 60 50 40 30 20 10 D _ 0 0 10 20 30 40 S0 60 70 80 90 100 110 120 GPM 0 5 1 20 30 i Pw CAPAIttTY DIMENSIONS AND WEIGHTS HP Stapes with Franklin Motors Model No. length:, L Wt. as.) 70G51f)412 581 AS 3 7 70GS30432,34 57.5 56 706550412 69-5 88 5 12 70GS50432.34 73.5 72 70G575432 100.1 97 7% 18 _ 70G575434 100-1 97 (All dimensions are in inches and weights in lbs- Do not use for construction purposes.) NOTE: Pump and motor ship in separate containers. Motor lead is in motor carton. WATER TECHNOLOGIES GROUP DISCHARGE 2' NPT Eifernal Check Valve not included �--- 3.84' Effective diameter with cable guard SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE PItriNTED IN U 4 - May -29-97 01:41P 970 945-2977 P. 12 iibmrsibe Pumps.. MODEL gAP19\VE LL No. 2 48GS For 4` and larger wells METERS FEET 200 150 0 z 0 100 a 50 0- 70 60 50 40 30 20 tp 10 20 30 40 50 60 EFFX 70 60 50 40 30 20 10 0 OGPM 0 2 4 6 8 10 121w 4 16 18 r& ttr CAPACITY DIMENSIONS AHD WEIGHTS HP Stapes Model No. Length - L Wt. titre.) 480$15412 30.5 37 11h 4 48GS15432.34 29-1 34 48GS20412 41.1 49 2 5 48GS20432.34 39.6 48 486530412 50.1 65 3 8 - - 5 13 48GS30432.34 49,3 56 486550412 68.1 87 48GS50432.34 62-1 71 74 19 486575432 80.3 93 48GS75434 80.3 93 (Ali dimensions are in inches and weights in IOs- Do not use tor construction purposes.) NOTE: Pump and motor ship in separate containers. Motor lead is in motor carton. WATER yecro4oLoGiEs GROUP • t�$ DISCHARGE 2' NPT E>hernat Check Valve not Included ---- 8.4• Effective diameter with cable guard SPECIFICATIONS ARE SUBJECT TO CHANGE wrTkOUT NOTICE PRINTED 1N r ' room - 48GS RECOMMENDED RANGE sta. COMPOSfl 20 - 70 GPM RPM. 3454 - 1 _T-- 1-," -- 1 I _L.__ Mao- too — IIIIIIIMIIIL - . .Y -748(1320 II t ..._ 1 10 20 30 40 50 60 EFFX 70 60 50 40 30 20 10 0 OGPM 0 2 4 6 8 10 121w 4 16 18 r& ttr CAPACITY DIMENSIONS AHD WEIGHTS HP Stapes Model No. Length - L Wt. titre.) 480$15412 30.5 37 11h 4 48GS15432.34 29-1 34 48GS20412 41.1 49 2 5 48GS20432.34 39.6 48 486530412 50.1 65 3 8 - - 5 13 48GS30432.34 49,3 56 486550412 68.1 87 48GS50432.34 62-1 71 74 19 486575432 80.3 93 48GS75434 80.3 93 (Ali dimensions are in inches and weights in IOs- Do not use tor construction purposes.) NOTE: Pump and motor ship in separate containers. Motor lead is in motor carton. WATER yecro4oLoGiEs GROUP • t�$ DISCHARGE 2' NPT E>hernat Check Valve not Included ---- 8.4• Effective diameter with cable guard SPECIFICATIONS ARE SUBJECT TO CHANGE wrTkOUT NOTICE PRINTED 1N r ' ECFIVED JAN 2 0 1997 STATE OF COLORADO Roy Romer, Governor Patti Shwayder, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Building Denver, Colorado 80222-1530 4210 E. 11th Avenue Phone (303) 692-2000 Denver, Colorado 80220-3716 (303) 691-4700 January 9, 1997 Peter Belau, P.E. Enartech, Inc. 302 Eighth Street, Suite 325 Glenwood Springs, CO 81602 RE: Approval for New Water Supply Rapids on the Colorado Subdivision PWSID# (To be assigned) Garfield County Dear Peter: c Colorado Department of public Health and Environment JUN 0 2 1997 I have received the nitrite resample results for Wells #1 and #2 from the Grand Junction Laboratories. These results are below the MCL for nitrite. I have also noted in your letter dated January 2, 1997, that Rapids Well #4 is now known as Rapids Well #2. The two wells now used for this subdivision will be recorded as Rapids Well #1 and Rapids Well #2. I have also noted from you letter that the Dichloromethane found in the composite sample was also found in the Trip Blank, and therefore was not from the raw water source. The plans for this water supply now meet all State Design Criteria. The design and construction specifications for this water supply have now been reviewed in accordance with Article 2.1.5 of the Colorado Primary Drinking Water Regulations, and are hereby approved. Any change orders and addendums must be submitted to this office for approval. When this system is within 60 days of completion, this office must be contacted by the project engineer. A representative of this Department may schedule a site visit before the system is put in service. Upon completion of construction, a written certification from your engineering firm must be submitted to this office stating that the facility was built as approved by this office. Approval of this project is based only on engineering design and the facility's ability to provide safe potable water, meeting the Colorado Primary Drinking Water Regulations. Approval shall in no way influence local planning decisions. Sincerely, enk,tedt. C. 0. 'Bud' Mahn Public Health Engineer Drinking Water Program WATER QUALITY CONTROL DIVISION COM:jb/GENCOR4- cc: Garfield County Health Department Dwain Watson, District Engineer DW Monitor/File, Erica Kannely NEW PUBLIC WATER SYSTEM THE RAPIDS ON THE COLORADO DESIGN ENGINEER'S REPORT Prepared By: Peter Belau, P.E. ENARTECH, INC. 302 8th Street, Suite 325 P.O. Drawer 160 Glenwood Springs, CO 81602 November 22, 1996 TABLE OF CONTENTS PAGE INTRODUCTION 1 WATER SUPPLY 1 WATER TREATMENT AND DISTRIBUTION 2 CONSTRUCTION AND OPERATION 2 ATTACHMENT A - WELL CONSTRUCTION INFORMATION ATTACHMENT B - DESIGN CALCULATIONS ATTACHMENT C - WATER QUALITY ANALYTICAL REPORTS INTRODUCTION The purpose of this report is to provide engineering design information for the proposed community public water system to serve The Rapids on the Colorado subdivision. The Rapids on the Colorado subdivision is a new residential development located in Garfield County two miles southwest of the Town of New Castle (see Figure 1, Location Map). The development consists of 33 residential lots two acres or larger in size along with four open space parcels on 97 acres of property. Wastewater treatment and disposal for the 33 lots will be provided by on-site individual sewage disposal systems. WATER SUPPLY The sources of water supply for the development are the Rapids Well No. 1 and the Rapids Well No. 2. The location of these two wells is shown on the Utility Plan, Sheet 1 of the design drawings. These two wells have a combined long-term water yield of at least 105 gallons per minute (gpm), as evidence by 24- hour pump tests conducted for each of these wells (Attachment A). The construction of the wells is described in the Well Completion Reports (Attachment A) and is illustrated on the Water Supply and Treatment design drawing. The wells are not located in a 100 -year floodplain. Alternative sources of water supply considered for the development include the existing water supply system that serves the Apple Tree Mobile Home Park located approximately 1 mile from The Rapids development. On-site wells were chosen as the source of water supply because of cost-effectiveness, availability of groundwater, reduced potential for contamination compared to surface water, and because the property owner had an approved water rights plan for augmentation to utilize groundwater from the site. The 33 -lot subdivision will have an estimated 116 persons served by the public water supply system. Lawn and garden irrigation from the public water supply system will be limited to 10,000 square feet per lot within The Rapids subdivision. The maximum day water requirement for the 33 lots, including in-house use and lawn irrigation, is estimated to be 95,000 gallons per day or 66 gallons per minute (see Design Calculations. Attachment B). The well pumps to be installed in the Rapids Well No. 1 and Well No. 2 will have a combined pumping capacity of 100 gallons per minute (gpm). Well No. 1 will have a pumping capacity of 62 gpm pumping against a total dynamic head of 196 feet. Well No. 2 will have a pumping capacity of 38 gpm pumping against a total dynamic head of 205 feet. The pump capacity/head curves for the two well pumps is included in Attachment B. The water system is designed to supply water at a rate equal to the maximum day water requirement. With a combined pumping capacity of 100 gpm from the sources of water supply, the water system can serve up to a population of 175 persons or 50 lots with 10,000 square feet of lawn irrigation (see the Design Calculations). The capacity in the water supply system that exceeds the water requirements of The Rapids on the Colorado subdivision will be reserved by the project developer to serve potential future development on adjacent properties. 1 WATER TREATMENT AND DISTRIBUTION Water quality analytical reports for raw water from the two wells are in Attachment C. Water from the wells does not exceed any of the limits for regulated contaminants or any of the suggested limits for unregulated contaminants (except sodium). Water treatment will consist of disinfection with chlorine. A liquid chlorine solution will be injected into the raw water from each well with liquid chlorine solution pumps located in the control building adjacent to Well No. 1. The design of the water treatment system is shown on the Water Supply and Treatment design drawing. Liquid chlorine was chosen over gas chlorine for better operational safety. The chlorinated water will flow through a 4 -inch raw water line up to a 150,000 -gallon water storage tank. Chlorine contact time will be in excess of 30 minutes. The water storage tank will be an above -ground steel tank located on a hillside southeast of the development (see the Utility Plans and the Water Storage Tank design drawings). The tank site is located on property owned by the project developer; access and utility easements will be provided to the Homeowner's Association. The design of the water storage tank includes an air injector to remove radon gas from the water (see the Water Storage Tank design drawings). The water distribution system includes 6 -inch and 8 -inch water mains from the water storage tank to the subdivision; the water main is looped within the subdivision. Water pressure within the development will range from 60 psi to 70 psi. The water mains and the water storage tank are sized to provide a fire flow of at least 750 gpm at 20 psi residual pressure at any of the fire hydrants throughout the development, in accordance with design criteria for single family residences by the Insurance Services Office (ISO). The water supply line from the wells to the storage tank is separate from the water distribution mains from the storage tank to the development. CONSTRUCTION AND OPERATION The water supply system improvements are scheduled for construction in the spring of 1997. The cost of the construction will be paid for by the project developer, Gene R. Hilton, as Manager of The Rapids on the Colorado River, LLC. Construction of the improvements will be secured by a Bank Letter of Credit or other security provided by the developer to Garfield County. The completed water system improvements will be dedicated to The Rapids on the Colorado Homeowner's Association, which will be incorporated in accordance with State Statutes. The water system will be operated by a Colorado licensed operator hired by the Homeowner's Association. Operational costs will be paid by the Homeowner's Association from water use fees and other fees levied in accordance with the Association's Bylaws and Covenants. P423-01 (P423_04D)96 2 ATTACHMENT A WELL CONSTRUCTION INFORMATION COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - into: (303) 866-3587 main: (303)866-3581 GENERAL PURPOSE Water Well Permit Application (Please note: other forms are available for specific uses including - residential, livestock, monitoringiobserv., gravel pits, registration of old wells) Must be completed in black ink or typed Review instructions prior to completing form 1. APPLICANT INFORMATION 6. USE OF WELL (please attach detailed description) Name cr accuicant Gene R. Hilton • INDUSTRIAL a, OTHER: Central .pater Supply • COMMERCIAL Syst n • MUNICIPAL Ma, nd ..,.cress 2102 W. Arapahoe • IRRIGATION ❑ FEED LOT -- number of head : Drive 7. WELL DATA Gtv State Lc Code Littleton CO 80120 Maximum pumping rate 120 gpm Annual amount 22.70 acre-feet Total depth Aquifer Colorado River Teiepr'. e numoer imauoe area coael 82 feet n1 1 .7-4 ttm (3 0 3) 7 98 —1640 8. LAND ON WHICH GROUND WATER WILL BE USED 2. TYPE OF APPLICATION (check applicable box(es)) A. LEGAL DESCRIPTION (may be provioea as an attaccment): 2 Construct new well • Use existing well • Replace existing well • Change or Increase Use • Change (source) Aquifer • Reapplication (expired permit) ■ Other: Same as Item 5 if used for crop Irrigation, attach scalea map that snows :mgated area.) 3. REFER TO (if applicable): B. # acres C. Owner Water court case # Permit # 97.27 ADclica .t W-32 6 2 D. List any other wells or water rights used on this land: Emergency Vernal # -VE- Monitoring note acknowledgment # See attached water rights description MH- 27684-A - Weil name or # 9. PROPOSED WELL DRILLER (optional) Rapids Well No. 1 '.ame License number 4. LOCATION OF WELL Shelton Drilling Corp. 1095 County Quarter/quarter Cuarter 10. SIGNATURE of applicant(s) or authorized agent Garfield SW y4 SW y The making of false statements herein constitutes perjury Section 4 Township N or S 6 0 ES1 Range E or W 91 • To F'incipal Meridian in the second degree, which is punishable as a class 1 mis- 6th demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read Distance or weii from section lines the statements herein, know the contents thereof, and state 73 1 ft from ■ N 10 S 1 0 1 5 ft from • E 12 W that they are true to my knowledge. Well location address, if different from applicant address (if applicable) '.fust oe nginal signature The Rapids on The Colorado Subdivis on j' -Garfield Cty Rd 335, New Castle, CO —tie nate For replacement wens only - distance and direction from old well to new well Applicant an Owner G/�/yG feet direction OPTIONAL INFORMATION 5. TRACT ON WHICH WELL WILL BE LOCATED -SGS map name DVR mac -g Surrace eiev. A. LEGAL DESCRIPTION imay be provided as an attacnmenti: New Castle 5505' The Racids on The Colorado Subdivision Office Use Only (See attached Legal Description) DIV CO B. STATE PARCEL ID# (optional): WD c.# acres in tract 97.27 D. Owner Applicant BA E. Will this be ■ YES T. NO the only well on this tract? (If other weils are on this tract. see nstructlons, USES) MD vAV5--15(I_tl• COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818. DENVER CO 80203 phone - info: (303) 866-3587 main: (303)866-3581 GENERAL PURPOSE Water Well Permit Application (Please note: other forms are available for specific uses including - residential, livestock, monitoringiobserv., gravel pits, registration of old wets) Review instructions prior to completing form Must be completed in black ink or typed 1. APPLICANT INFORMATION 6. USE OF WELL (please attach detailed description) Name of applicant Gene R. Hilton • INDUSTRIAL at--. OTHER: Central crater Supply ❑ COMMERCIAL System • MUNICIPAL Mailing Address 2102 W. Arapahoe Drive • IRRIGATION • FEED LOT — number of head : 7. WELL DATA City State Zip Code Littleton CO 80120 Maximum pumping rate 70 gpm Annual amount 11.35 acre-feet Total depth 82 feet Aquifer Colorado River Alluvium Teleonone number (include area coael (303) 798-1640 8. LAND ON WHICH GROUND WATER WILL BE USED 2. TYPE OF APPLICATION (check applicable box(es)) A. LEGAL DESCRIPTION (may be proviaea as an attacnmenu: Same as Item 5 (If used for crop irrigation, attach scaled map that shows imgated area.) [ Construct new well • Use existing well • Replace existing well • Change or Increase Use • Change (source) Aquifer • Reapplication (expired permit) ■ Other: 3. REFER TO (if applicable): B. ; acres 97 .27 C. Owner Applicant Water court case # W-3262 Permit # D. List any other wells or water rights used on this land: See attached water richts description Emergency Veroal # -VE- Monitoring hole acknowledgment # MH- 27684—B Well name or A Rapids Well No. 2 9. PROPOSED WELL DRILLER (optional) frame Shelton Drilling Corp. ..,cense numcer 1095 4. LOCATION OF WELL County Garfield Quarteriquarter SW 14 Quarter si 'y. 10. SIGNATURE of applicant(s) or authorized agent 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 the are true to my kno edge. Section 4 Township N or S 6 ■ m Range E or W 91 ■ DI , Principal Meriaian 6th Distance of well from section lines 560 ft from In N 02 S 654 ft from • E ® w Well location address. if different from applicant address (it applicable) The Rapids on The Colorado Subdivision Garfield Cty Rd 335, New Castle, CO Must De o gi al s,gnatur /7-.0.46 w -:ie Applicant and Owner Date /j/j�G For replacement wells only - distance and direction from old well to new well feet direction 1 OPTIONAL INFORMATION 5. TRACT ON WHICH WELL WILL BE LOCATED L_SGS map name New Castle DwR map no. Surface elev. 5506' A. LEGAL DESCRIPTION (may be proviaea as an attacnmenu: The Rapids on The Colorado Subdivision (See attached Legal Description) Office Use Only DIV CO WD B. STATE PARCEL ID# (optional): BA C. a acres in tract 97.27 D. Owner Applicant USE(S) MD E. Will this be the only well on this tract? • YES NO (if other wells are cn this tract, see tnstructionsl ATTACHMENT TO WATER WELL PERMIT APPLICATIONS (APPLICANT: Gene R. Hilton) (WELL NAMES: Rapids Well Nos. 1, 2, 3 and 4) 8.D. Other wells or water rights used on this land: Moore Ditch Rapids Well No. 1 (MH -27684-A, Well Permit applied for) Rapids Well No. 2 (MH -27684-B. Well Permit applied for) Rapids Well No. 3 (MH -27683, Well Permit applied for) Rapids Well No. 4 (MH -27684-C, Well Permit applied for) King Well. Permit #21363, to be replaced with the Rapids Well No. 4 NOTE: The Rapids Well No. 3 will be used on Lot 19 only The Rapids Well No. 4 will be used o Lot 1 only LEGAL DESCRIPTION The Rapids of the Colorado LEGAL DESCRIPTION A tract of land situated in the SW1/4 of Section 4 and the SE1/4 of Section 5, Township 6 South, Range 91 West of the 6th P.M. described as follows: Beginning at the Southwest Corner of said Section 4; thence N 0° 50' 00" W 438.10 feet along the West line of said Section 4 and along the Easterly line of that parcel of land described in Book 570 at Page 266 in the Office of the Garfield County Clerk and Recorder; thence N 75° 43' 18" W 101.89 feet; thence N 17° 08' 41" W 115.59 feet; thence N 53° 47' 08" W 177.75 feet to the center of the Colorado River; thence along the center of said river N 23° 43' 15" E 339.10 feet; thence N 23° 43' 20" E 310.00 feet; thence N 35° 08' 15" E 419.25 feet; thence N 42° 56' 13" E 499.62 feet: thence N 65° 01' 47" E 404.40 feet thence N 71° 35' 12" E 503.50 feet; thence N 84° 15' 20" E 284.99 feet; thence S 81° 33' 38" E 244.41 feet; thence S 58° 02' 47" E 266.82 feet; thence S 68° 42' 11" E 476.70 feet; thence departing the center of said Colorado River S 0° 29' 34" E 523.50 feet to the Northeast Corner of that parcel described in Book 527 at page 743 as Reception No. 293881; Thence along the boundary of said parcel S 78° 22' 10" W 321.42 feet; thence S 8° 40' 15" E 378.29 feet to a point on the Northerly Right -Of -Way of County Road No. 335; thence along said Right -Of -Way S 78° 58' 32" W 207.05 feet; thence 140.15 feet along a curve to the left, having a radius of 1030.00 feet, a central angle of 7° 47' 46"; the chord of which bears S 75° 04' 40" W 140.04 feet; thence S 71° 10' 47" W 396.23 feet; thence 66.20 feet along the arc of a curve to the left having a central angle of 7° 09' 25" and a radius of 530.00 feet; the chord of which bears S 67° 36' 050 W 66.16 feet; thence S 64° 01' 23" W 296.11 feet; thence departing said Right -Of -Way S 0° 14' 42" E 653.78 feet to a point on the South line of said Section 4; thence S 89° 20' 08" W 1308.98 feet to the POINT OF BEGINNING; said described tract containing 97.269 acres, more or less. NOTE: The Rapids Well No. 3 will be used on Lot 19 only The Rapids Well No. 4 will be used on Lot 1 only THE RAPIDS ON THE COLORADO WELL PUMP TEST RESULTS Well Name: Rapids Well No. 1 Location: County Road 335 Test Conducted By: Aqua -Tec Systems. Inc. Well Depth: 80 feet Date: 4/9/96 Depth of Pump: 78 feet PUMP TEST RECOVERY TIME ELAPSED DEPTH TO FLOW TIME ELAPSED DEPTH TO OF DAY TIME_— WATER RAU OF DAY TIME WATER 11:30 AM 0 15'-8" 11:30 AM 0 35'-0" 0.5 0.5 11:31 AM 1 23'-5" 11:31 AM 1 23'-10" 11:32 AM 2 60 GPM 11:32 AM 2 20'-8" 11:33 AM 3 26'-3" 11:33 AM 3 19.-1" 11:34 AM 4 29'-7" 11:34 AM 4 18'-3" 11:35 AM 5 60 GPM 11:35 AM 5 17'-6" 11:36 AM 6 60 GPM 11:36 AM 6 17'-2" 11:37 AM 7 31'-4" 11:37 AM 7 17'-0" 11:38 AM 8 60 GPM 11:38 AM 8 16'-10" 11:39 AM 9 31'-8" 11:39 AM 9 16'-8" 11:40 AM 10 32'-1" 11:40 AM 10 16'-7" 11:45 AM 15 32'-8" 60 GPM 11:45 AM 15 16'-6" 11:50 AM 20 33'-3" 60 GPM 11:50 AM 20 16'-5 1/2" 11:55 AM 25 33'-5" - 60 GPM 11:55 AM 25 16'-5" 12:00 PM 30 33'-6" 60 GPM 12:00 PM 30 16'-4" 12:10 PM 40 33'-9" 60 GPM 12:10 PM 40 16'-3" 12:20 PM 50 33'-11" 60 GPM 12:20 PM 50 16'-4" 12:30 PM 60 34'-0" 60 GPM 12:30 PM 60 16'-3" 12:45 PM 75/1:15 34'-2" 59.2 GPM 12:45 PM 75/1:15 16'-1" 1:00 PM 90/1:30 34'-4" 59.2 GPM 1:00 PM 90/1:30 15'-11" 1:15 PM 105/1:45 34'-5" 59.2 GPM 1:15 PM 105/1:45 15'-10" 1:30 PM 120/2:00 34'-5" 59.2 GPM 1:30 PM 120/2:00 15'-9 1/2" 2:00 PM 150/2:30 34'-5" 59.2 GPM 2:30 PM 180/3:00 34'-6" 59.2 GPM 3:00 PM 210/3:30 34'-7" 59.2 GPM 3:30 PM 240/4:00 34'-8" 59.2 GPM 4:30 PM 300/5:00 34'-8" 59.2 GPM 5:30 PM 360/6:00 34'-8" 59.2 GPM 6:30 PM 420/7:00 34'-8" 59.2 GPM 7:30 PM 480/8:00 34'-8" 59.2 GPM 8:30 PM 540/9:00 34'-8" 59.2 GPM 11:30 PM 720/12:00 34'-9" 59.2 GPM 2:30 AM 900/15:00 34'-10" 59.2 GPM 5:30 AM 1080/18:00 34'-11" 59.2 GPM 8:30 AM 1260/21:00 35'-0" 59.2 GPM 11:30 AM 1440/24:00 35'-0" 59.2 GPM Well Name: THE RAPIDS ON THE COLORADO WELL PUMP TEST RESULTS Rapids Well No. 2 Test Conducted By: Aqua -Tec Systems, Inc. Date: 4/15/96 PUMP TEST Location: Well Depth: Depth of Pump: County Road 335 83 feet 79 feet RECOVERY TIME ELAPSED DEPTH TO FLOW TIME OF DAY TIME WATER RATE OF DAY ELAPSED DEPTH TO TIME WATER 10:15 AM 0 0.5 10:16 AM 1 10:17 ,iM 2 10:18 AM 3 10:19 ASM 4 10:20 AM 5 10:21 AM 6 10:22 AM 7 10:23 AM 8 10:24 AM 9 10:25 AM 10 10:30 AM 15 10:35 AM 20 10:40 AM 25 10:45 AM 30 10:55 AM 40 11:05 AM 50 11:15 AM 60 11:30 AM 75/1:15 11:45 AM 90/1:30 12:00 PM 105/1:45 12:15 PM 120/2:00 12:45 PM 150/2:30 1:15 PM 180/3:00 1:45 PM 210/3:30 2:15 PM 240/4:00 3:15 PM 300/5:00 4:15 PM 360/6:00 5:15 PM 420/7:00 6:15 PM 480/8:00 7:15 PM 540/9:00 10:15 PM 720/12:00 1:15 AM 900/15:00 4:15 AM 1080/18:00 7:15 AM 1260/21:00 10:15 AM 1440/24:00 16'-9" 30'-7" 37'-0" 42'-8" 46'-11" 49'-11" 52'-1" 53'-10" 55'-7" 57'-6" 62'-4" 65'-7" 66'-10" 67'-11" 69'-0" 69'-2" 70'-3" 70'-4" 70'-11" 71'-11" 73'-5" 75'-7" 68'-8" 71'-10" 73'-11" 75'-11" 76'-4" 76'-2" 75'-11" 74'-9" 74'-1" 73'-7" 73'-1" 72'-9" 74'-8" 64 GPM 60 GPM 58 GPM 56 GPM 54.5 GPM 54.5 GPM 54.5 GPM 53 GPM 52 GPM 51 GPM 51 GPM 50 GPM 48.6 GPM 48.6 GPM 48 GPM 48 GPM 48 GPM 48 GPM 47 GPM 47 GPM 47 GPM 46 GPM 46 GPM 46 GPM 46 GPM 46 GPM 46 GPM 46 GPM 46 GPM 46 GPM 46 GPM 11:10 AM 11:11 AM 11:12 AM 11:13 AM 11:14 AM 11:15 AM 11:16 AM 11:17 AM 11:18 AM 11:19 AM 11:20 AM 11:25 AM 11:30 AM 11:35 AM 11:40 AM 11:50 AM 12:00 PM 12:10 PM 12:25 PM 12:40 PM 12:55 PM 1:10 PM 1:40 PM 55 56 57 58 59 60 61/1:01 62/1:02 63/1:03 64/1:04 65/1:05 70/1:10 75/1:15 80/1:20 85/1:25 95/1:35 105/1:45 115/1:55 130/2:10 145/2:25 160/2:40 175/2:55 205/3:25 74'-11" 50'-6" 36'-3" 29'-2" 24'-0" 22'-1 21'-4" 20'-11" 20'-3" 19'-6" 18'-10" 17'-6" 17'-4" 17'-3" 17'-2" 17'-1 1/2" 17'-1" 17'-1" 17'-1" 17'-1" 17'-1/2" 17'-1/2" 17'-0" (STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER -H ,.__. - 2 ! Owner Name(s) : Mailing Address : City, St. Zip : Phone WELL CONSTRUCTION AND TEST REPORT Gene Hilton % 802 Grand Ave. Ste # 325 Glenwood Springs, Co. 81601 (970) 945-2236 WELL LOCATION AS DRILLED: DISTANCES FROM SEC. LINES: 731 ft. from South rvr2 OFHCC USC ONLY APPROVAL # GWS31-91-03 SW 1/4 SW 1/4 Sec. 4 Twp. 06S Range 91W Sec. line. and SUBDIVISION : STREET ADDRESS AT WELL LOCATION : 4 GROUND SURFACE ELEVATION DATE COMPLETED 04/01/96 1015 ft. from LOT BLOCK West Sec. line. OR FILING(UNIT) ft. DRILLING METHOD Air Rotary TOTAL DEPTH 82 ft. DEPTH COMPLETED 82 ft. 5. GEOLOGIC LOG : ' 6 HOLE DIAM- fiat) FROM (ft) TO (ftl Depth Type of Material (Size, Color, and Type) 9.0 0 27 000-010 Dirt, Topsoil, Small Rocks 6.5 27 82 010-082 Wasatch Formation 7. PLAIN CASING OD (in) Kind WaII Size From (ft) f To (ft) 7.0 Steel 0.240 -1 27 5.5 PVC 0.252 22 52 I PERF. CASING : Screen Slot Size : 5.5 PVC .250 52 82 WATER LOCATED : 50 - 55 REMARKS : 8. Filter Pack Material: Size : Interval: 9. Packer Placement Type : Formation Depth : 30 10. GROUTING RECORD : RAito 1 oz;I 1 /fir O . I . 1 + Material Arrwunt Density Interval cement 3 sks 16 gal 7-27 poured 1 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : f ) Check Box If Test Data is Submitted On Supplemental Form. TESTING METHOD : Air Compressor Static Level : 13 ft. Date/Time Measured : 04/01/96 Production Rate : 20 gpm. Pumping Level : Total ft. Date/Time Measured : 04/01/96 Test Length : 2 hrs. Remarks : 11. ra"WallI nave read me ctatenrmari"Wallara !Clow Ina conteS mer. and . • they are true to my roho+4 • e. (' urwb ant -- on 04 (13)(4) CRS the making of tae'eaten-errs cons:mutes J oelury on the secorw oegne and Al pure/Saw ae a clue 1 m aemsanor.) CONTRACTOR : Shelton Drilling Corp. Phone : (970) 927-4182 Vailing Address ' P 0 Box 1059 Bas tt CO 818 1 1 ic. No 109 .ame / Title (Please Type or Print) Signat Date 15 Wayne Shelton / President 4 �.0j• — 05/20/96 >a - WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER MH -27684-B Owner Name(s) : Gene Hilton Mailing Address : 802 Grand Ave. Ste # 325 City, St. Zip : Glenwood Springs, Co. 81601 FOR OFFICE USEONLY Phone (970) 945-2236 APPROVAL # GWS31-91-03 WELL LOCATION AS DRILLED: SW 1/4 SW 1/4 Sec. 4 Twp. 6 DISTANCES FROM SEC. LINES: 560 ft. from South Sec. line. and 654 ft. from West Sec. line. OR Range 91W SUBDIVISION : STREET ADDRESS AT WELL LOCATION : 4 GROUND SURFACE ELEVATION DATE COMPLETED 04/12/96 LOT BLOCK FILING(UNIT) ft. DRILLING METHOD Air Rotary TOTAL DEPTH 82 ft. DEPTH COMPLETED 82 ft. 5. GEOLOGIC LOG : 6. HOLE DIAM. (in) FROM MI TO !ft) Depth 1 Type of Matenal (Size, Color. and Type) 9.0 0 29 000-010 Clays, Rocks 6.5 29 82 010-015 Rocks, Gravels 015-082 Wasatch Formation 7. PLAIN CASING OD (in) Kind Wall Size From (ft) To (R) 7.0 Steel l 0.240 -1 29 5.5 PVC 0.250 22 52 i PERF. CASING : Screen Slot Size : 5.5 PVC .250 52 82 WATER LOCATED : 52 - 56 REMARKS : 8. Fitter Pack Material: Size : Interval: 9. Packer Type : Depth : Placement Formation 30 10. GROUTING RECORD : Fp,_ �� O Material Amount Density interval Placement I � cement 3 sks 16 gal 9-29 poured 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : [ J Check Box If Test Data is Submitted On Supplemental Form. TESTING METHOD : Air Compressor Static Level : 18 ft. Date/Time Measured : 04/12/96 Production Rate : 20 gpm. Pumping Level : Total ft. Date/Time Measured : 04/12/96 Test Length : 2 hrs. Remarks : 13. ( have read e samerncts rnaae nares aha ivwwthe eomm�ts thereat aria that they are true to my wioweuge (Pursuant to Secoan 74-4-1 u4 (13);a) CRS. the making of take staternerts consommes thieC "Q pequey m D . degree aha 6 punr$rrde K a c se 1 CONTRACTOR : Shelton Drilling Corp. Phone : (970) 927-4182 ' Mailing Address_ • P O Box 1059 BaSatt Co • .. _Lc jr 109,5 'Name / Title (Please Type or Print) S • ./_ Date Wayne Shelton / President 05/20/96 ATTACHMENT B DESIGN CALCULATIONS ENARTECH, INC. 302 Eighth Street, Suite 325 P.O. Drawer 160 GLENW00D SPRINGS, CO 81602 (303) 945.2236 JOB l 12Pc-1' 1.Ds SHEET NOryn� OF ty� C CALCULATED BY 1 , ✓ ` L-fk- DATE CHECKED BY DATE SCALE 3-/3-9L, W 14 1541 S 9e /`( 12E j2-- N �-3 0 /.S �P�ciB" �i 7� (ioo GJ ti 1S r � 9i 1N--1-1o5e. U6 I1, SSS Pd X A. V6 .Dt-`( = 3)( /1,55-0 -7)L-1 C_ I ,(2{2,1c,prrtiY? Ar = 1D/000 QUI N-`/ , r -c o rt Ti+ isi4z, '2E, _ ;.,/,-,v) tv/P.,-(, n'Y 222 (2-E�. eve' o. 5- erms) = O. 4b, N 1 N1 ,c 79-A l i22 = (10 0 0 0 s 9- (I ot> Y ('3'77 t o s> 0,15- - 51, Na -g -� L.)5E _ 341, (2 -5(.7 + sl y2 6 , 07'6 ,ypJ 6c)0"1 1,0,6)44 -E T 10% -�-Di, w ► i i= 7 5 v C}'LY 12__e-& (I 12-0,0 = 60 t- & a e w` (-277-5 (3, S a3 (uUIIo,,s r1IL Si-o►2Rc,-- (75-c39,�, ,�� o�r5� x ((-00 L�;n /lir = �o000 5,,0"; 1 i 1.11N4 0(1 r2 -F -:-P 57--cj 720 s -G D-51 UU JU� UOU 1 1 3, (00 pi (91-i _ "5-0,00 y Q 110 s 750 r' 1� / S -x- Zor-t (= /0o F; J' " DE- s =-),t--rte' i i t u70 PROOUOT 24 • ince srcets201/4.1,0aEOWtGroton Mass 01471 to Omar NONE TOLL FRET 1-M6223.6380 ENARTECH, INC. 302 Eighth Street, Suite 325 P.O. Drawer 160 GLENWOOD SPRINGS, CO 81602 (303) 945-2236 JOB 1h ((r '19 SHEET NO .{//� OF Com/ CALCULATED BY 1 L 6/ DATE CHECKED BY DATE SCALE s1((0 r Top o L L Etc V, = SSO c ctiP i i:it__ F L�,�/ ry w�LL = c5-06 — _ 5-`f c?.0 S6 -o6 — 54-171 M 1 -- ) v owr� E c�t=�V , = Ss O (� - -7(9 _ O j co.tK- (92C) -7 -To SG3 S 1-1e�r9� c,05S Irk /I o0 " MA-Jr.t I0yr = ®,q �f I -i--0 1,055 /000' (9 r' (MYi-1N i (f o 5( = 1,S rf f-1 1; 'o' - Loc5 7 ►-%E fr Lo SS )rr Cour DiLoP ft -7 boir= i o; t 1,,oSS I I • TV14 (At- (o0 gev = 5-(55 — 5-y7) fi- la = l 61 6 -c.,:a2,4- k„ ) ?u,"4 6-oV L_D S 7C6-5 Psi- 19'6' r o I-+ - (� ►^-� PROCGCT7'+' :n;t xees: 2:.511 Peooep ( /±nc GIolon Muss 01471 To Oroer PHONE TOLL FREE I -0-225-6W ENARTECH, INC. 302 Eighth Street, Suite 325 P.O. Drawer 160 GLENWOOD SPRINGS, CO 81602 (303) 945.2236 OE SHEET NO P a' v l OF & 9 CALCULATED BY 1 ' 13� h DATE /vQ� —ND D CHECKED BY DATE SCALE 1 U \9U t\ -4f 1J S I Cr Tor OP W5( -c, V, - SSo% (N wt L L- i� P m - Ste' _ ' - L-oSs IN (00' OF a „ rz-Or t9 M I N o (- L0 `j, -(T- . Ton? -1_ F?2l G F l oN i,o S S= b "� Tim 1L s v L = 66 T-ot+ (6d 0 y,„„,) Ce -f w � F u ,\-1 P; H -P G-ou i-0 s 4/6 G-5 fcoJ P T mos' 1-191-+- = t-1 I HU N1 P U 1\AP i N G- 126-s'aIS SI-kn2T - T r2 -P1) n /SUMS 7 ' Dr2 OOr,J 22;: -;ss ( ?ND 10F(LIGT/Or\/ 1,055 TO = 7S t (PO I) -1- (0 ( / f (N-4/1- F L 0 GU -T (-5 V D t-+ - 5 7 P r•, Tore Ls = I q() Ivl A-4 12.6E r= i -0c4 (709 Cr! NootZi2lA i i5 [iriee!s 205 ,. ro / -/. -_ Lotcr '05 : 4 'c 7x ^,ONE io0L E; =i'-x7042>tia ENARTECH, INC. 302 Eighth Street, Suite 325 P.O. Drawer 160 GLENWOOD SPRINGS, CO 81602 (970) 945.2236 FAX 945-2977 JOB SHEET NO L OF 6 CALCULATED BY P , 6 Ei- /"'--vI DATE 5---18-9 CHECKED BY DATE SCALE ULT iMF,-.YE- CPTPACITY ................. (A)ft-F-._ s_Of ( C3,)/"'") ;mss 66 5r 9 004) 150.)0°0 5 6 -s(2 -t ov) s FQ U -L 2 r(0)\-) 5 Td 1 zii-6-c CrF (5---0(c)00 enS 05,7 /b+s (o,oco = GO/000 90-11&--- (X0 jall (X0 7,1 /ra-.-sc )i ogOC CT?+, Sore � 2-2 , Afi f§ Giolon 42< ('4- To Or^r. a')FE TOIL FRFF -,?: ENARTECH, INC. 302 Eighth Street, Suite 325 P.O. Drawer 160 GLENWOOD SPRINGS, CO 81602 (970) 945-2236 FAX 945-2977 JOB »� c SHEET NO OF a CALCULATED BY P ` 1)30.1-'1)30.1-' / ' U DATE 5-- / C.J _ [ 9 L v CHECKED BY DATE SCALE c l.o ►Z I NEI CooyT(cT Tl (A.)0 -c Pr " PrT)of•J 104)+,\ w- P SS (/OQjr .) F Ir 0c c, r T cO -1-197N) �L , p+ s = . o3 �2 / = I 5 71 5—c, = C t_ )NI 8 e L/ owl -7-0 F - I S T -T19ra" Co /sem 1001,„_-\. iso /o a, a- .5--o - 3ca IOTA— r c)1 TAr \L i' 12-aN/ S f/)--0 r i o �v (-7 5, 00c..) X 00 3 _ % SO Ems; u„..4-5 NWUCT 204 , xae Wen, 205 °nx: rndijig/..r. G,o1on Mass :':' C70ef P"^,4E TCP. EPEE 5 0225-6ASi ENARTECH, INC. 302 Eighth Street, Suite 325 P.O. Drawer 160 GLENWOOD SPRINGS, CO 81602 (303) 945.2236 JOB SHEET NO Q t%'^ J OF 8to _ r �j CALCULATED BY ll ` �./,vTTv, DATE 5 - / L CHECKED BY DATE SCALE .f I (Lfl-or„) {A-/ er I L W f�rti�L_ I r(' -j -NIC. (%4 FLA -0 — -v: = }- 10 ' ' 5-6 `i S H ' 012.4 -r' j (-7--for( = SSSS sr c- Pn.c e,ul2e _ cs-c)5)/2.-3 = 60 105, (N L 300 A!o Or _ C3" PIPE 61- i ou)r,,,, j = @°)(1--2D)= N • of b PO- So0Dc _ �a3� (�3� _ 53 011 N 0,2 (. nS5,(-7 r?r�%-2D) p , N c FA -10=- 5 (4 5- -(0 -53 - /O -- s I MAK_ 0 r X41- L v s _- I GO "\-7---1..01". 1 P-1 %CSO PRODUCT 204 1 I5ege Sheets' 205-11Pa00ehi /n//,,no Groton Mass 01471 To Or PRONE TOLL FREE 1,900 -M -EN Pumps me:sibie Pumps MODEL RAPIDS WELL NO, 1 TOGS For 4 and larger wells METERS TOTAL DYNAMIC DEAD 160 143 120 100 80 60 40 20 0 FEET 5 5 4 4 3 30 25 20 15 1 5 u. 70 60 50 40 30 20 10 0 0 10 20 30 40 50 60 70 80 90 100 110 120 GPM 0 5 DIMENSIONS AND WEIGHTS 10 15 CAPACITY 20 30 m+RT HP Stages with Franklin Motors Model No. Length—L Wt. (Ibs.) 3 7 70GS30412 58.1 65 70GS30432.34 57.5 56 5 12 70GS50412 69.5 88 70GS50432.34 73.5 72 Tk 18 70GS75432• 100.1 97 70GS75434 100.1 97 (All dimensions are in inches and weights in Ibs. Do not use for construction purposes.) NOTE: Pump and motor ship in separate containers. Motor lead is in motor carton. WATER TECHNOLOGIES GROUP A DISCHARGE 2' NPT External Check Valve not inclined — 3.84' Effective diameter wrtn cable guard SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE PRINTED IN Li ' - • -- -- RECOMMENDED 30-120 I0. RANGE GPM ..__ i0 �� + •70G575R• "-- i0 , y t t i `T' + !_ 70GS50R • �r I D _.. i� 4 7oGs3o-+ . • )' ) v u. 70 60 50 40 30 20 10 0 0 10 20 30 40 50 60 70 80 90 100 110 120 GPM 0 5 DIMENSIONS AND WEIGHTS 10 15 CAPACITY 20 30 m+RT HP Stages with Franklin Motors Model No. Length—L Wt. (Ibs.) 3 7 70GS30412 58.1 65 70GS30432.34 57.5 56 5 12 70GS50412 69.5 88 70GS50432.34 73.5 72 Tk 18 70GS75432• 100.1 97 70GS75434 100.1 97 (All dimensions are in inches and weights in Ibs. Do not use for construction purposes.) NOTE: Pump and motor ship in separate containers. Motor lead is in motor carton. WATER TECHNOLOGIES GROUP A DISCHARGE 2' NPT External Check Valve not inclined — 3.84' Effective diameter wrtn cable guard SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE PRINTED IN Li ' - Submersible Gump MODEL RAPIDS WELL NO. 2 48GS For 4 and larger wells METERS FEET 7 TOTAL DYNAMIC HEAD 200 150 100 50 0 6 50 40 30 20 10 '�; MODEL: 48GS RECOMMENDED RANGE SIZE: COMPOSITE 20 — 70 GPM RPM: 3450 0 48GS75_.. 0. EFFX I i —1. 0 48Q550 48GS30‘ --48GS2o-- 4✓}G515 0 0 10 20 30 40 50 60 70 EFF% 70 60 50 40 30 20 10 —0 80GPM 21 4 61 8 10 12 14 16 16 m3/hr CAPACrfl DIMENSIONS AND WEIGHTS HP Stages Model No. Length — L Wt. (lbs.) 11/4 4 48GS15412 30.5 37 2 5 3 8 5 13 48GS15432.34 29.1 34 48GS20412 41.1 49 48GS20432.34 39.6 48 48GS30412 50.1 65 48GS30432.34 49.3 56 48GS50412 68.1 87 48GS50432.34 62.1 71 7'k 19 48GS75432 80.3 93 48GS75434 80.3 93 (All dimensions are in inches and weights in lbs. Do not use for construction purposes.) NOTE: Pump and motor ship in separate containers. Motor lead is in motor carton. S • WATER TECHNOLOGIES GROUP A 0 u L D s DISCHARGE 2' NPT External Check Valve not included .0— 3.84' Effective diameter with cable guard SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE GRIN: ED IN L - - ATTACHMENT C WATER QUALITY ANALYTICAL REPORTS m icrosearch laboratory Microsearch Laboratory inc. 2783 Webster Drive Grand Junction, CO 81503 (970) 241-1446 Fax (970)241.6092 e-mail 75450.3245@compuserve.com SOURCE WATER IDENTIFICATION Using MPA following EPA CONSENSUS METHOD PWSID # City/Utility The Rapids. well 1 Agency c/o AquaTec Systems Inc. Project Code P.O.Box 488 Account # Glenwood Springs. CO 81602 Phone (970) 945-2703 Phone (970)945-2703 Date (s) sampled 04/09 to 04/10/96 Sampler (s) Ralph Courter System Type A/ Public community Non -Community other Date received 04/11/96 Water Source location The Rapids Well # 1 Meter Reading: Before After Sample Taken From Total volume filtered 2,052.6 gallons Water source ID as: Spring Infiltration Gallery Artesian Well Dug Well .Ni Drilled Well Horizontal Well other If Well: Depth Feet Distance from river/stream/lake ft Field Measurements: (date) Turbidity pH Conductivity T.Chlor F.Chlor (NTU) Visit one Visit two Other MB Analysis: (date) Total Coliform Fecal Coliform 100 mL 100 mL Visit one Visit two Processing Information Heterotropic Plate Count mL Total Volume Filtered 2,052.6 gallons Total filter sediment collected 1.6 mis µL sediment/ 100 gallons 77.97 PERCOLL® / sucrose Flotation pellet volume 1000 µL PERCOLL® / sucrose flotation packed sediment 30 µL µL flotation pellet volume / 100 gallons filtered 2.34 µL Time Required 22.3 hrs Flotation Parameters PERCOLL ® /sucrose gradient sucrose Gradient potassium citrate ZNSO4 other "Direct Observation" Page 1 of 2 NOTE: All Limitations of Analysis Apply. rn icrosearch laboratory Sample ID: The Rapids, well 1 Page 2 of 2 Date 04/10/96 Analyst Came Howe -Carlson Dilution none Magnification 200X/1,000X Microscopy Phase/Hoffman Mod. Optics®/Epifluorescencc Volume Final Pellet µL=30 Primary Slide 1 Slide 2 Slide 3 Slide 4 Slide 5 Slide 6 Slide 7 Slide 8 Slide 9 Slide 10 Total # / 100 Gallons Risk Factor Particulates (iiardia n.o.-> Coccidia n.o.-> Diatoms n o. ) Other Algae n.o.-> Insect Lanae n.o.-> Rotifers n.o.-> Plant Debris n.o.-> Secondary Particulates Large Amorphous I )cbris n.o.-> Fine Amorphous Debris heavy--> heavy heavy none Minerals n.o.-> Plant Pollen n.o.-> Nematodes n.o.-> Crustacea n.o.-> Amoebae n.o.-> Ciliates / Flagellates n.o.--> Other: omments: This water system has a relative risk factor of = 0 low risk of being under the influence of surface water NOTE: All Limitations of Analysis Apply. Microsearch Laboratory inc. 2783 Webster Drive Grand Junction, CO 81503 (970) 241-1446 Fax (970)241.6092 e-mail 75450.3245 O compuse rve.com SOURCE WATER IDENTIFICATION Using MPA following EPA CONSENSUS METHOD PWSID # Cite/Utility Enartech Rapids Project Code Account # Phone Agency AquaTec Systems. Inc. New Castle. CO (970) 984-0311 Phone (970) 984-0311 Date (s) sampled 04/15 to 4/16/96 Sampler (s) Ralph S. Date received 04/17/96 System Type Public '1 community Non -Community other Water Source location Enartech Rapids Meter Reading: Before 478,164 After 479.404 Sample Taken From well # 4 Total volume filtered 1.240 gallons Water source ID as: Spring Infiltration Gallery Artesian Well Dug Well «l Drilled Well Horizontal Well other If Well: Depth 82 Feet Distance from river/stream/lake ft Field Measurements: (date) Turbidity pH Conductivity T.Chlor F.Chlor (NTU) Visit one Visit two Other MB Analysis: (date) Total Coliform Fecal Coliform 100 mL 100 mL Visit one Visit two Processing Information Heterotropic Plate Count mL Total Volume Filtered 1.240 gallons Time Required 22.5 hrs Total filter sediment collected 4.0 mis uL sediment/ 100 gallons 322 PERCOLL® / sucrose Flotation pellet volume 1000 µL PERCOLL® / sucrose flotation packed sediment 40 µL µL flotation pellet volume / 100 gallons filtered 12.8 µL Flotation Parameters PERCOLL ® /sucrose gradient sucrose Gradient potassium citrate ZNSO4 other "Direct Observation" Page 1 of 2 NOTE: All Limitations of Analysis Apply. M Icrosearcll laboratory Sample ID: Enartech Rapids Well #4 Page 2 of 2 Date 04/16/96 Analyst Carrie Howe -Carlson Dilution none Magnification 200X/1,000X Microscopy Phase/Hoffman Mod. Optics®/Epifluorescencc Volume Final Pellet µL = 40 Primary Slide 1 Slide 2 Slide 3 Slide 4 Slide 5 Slide 6 Slide 7 Slide 8 Slide 9 Slide 10 Total # / 100 Gallons Risk Factor Particulates Giardia n.o.-> Coccidia n.o.--* Diatoms n.o.-> Other Algae n.o.-* trisect Larvae n.o.-> Rotifers n.o.-> Plant Debris n o. > Secondary' Particulates Large Amorphous Debris n.o.-> Fine Amorphous Debris n.o.-> Minerals HEAVY HEAVY none Plant Pollen n.o.--> Nematodes n.o.-> Crustacea n.o.--> Amoebae n.o.--> Ciliates / Flagellates n.o.-* Other: Comments: This water system has a relative risk factor of - 0 low risk of being undcr the influence of surface water NOTE: All Limitations of Analysis Apply. Colorado Department of Public Health and Environment - Drinking Water Section REPORTING FORM FOR NITRATE/NITRITE as NITROGEN ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES [X] or NO [ ] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS **** INSTRUCTIONS/DEFINITIONS ON BACK OF FORM **** PWSID #: New COUNTY: Garfield DATE COLLECTED: 04 / 16 / 96 SYSTEM/ESTABLISHMENT NAME: The Rapids on the Colorado Homeowner's Association SYSTEM ADDRESS: (mail) 2102 W. Arapahoe Dr. Littleton CO 80120 (Physical Address) irnuni�y Road 335, New Castle, CO 81647 CONTACT PERSON: Peter Belau, Engineer PHONE: ( 970 ) 945-2236 STATE DP SAMPLE COLLECTED BY: Aqua -Tec Systems, Inc. TIME COLLECTED: 10:00 am/p1( WATER TYPE: RAW (No ct o,ine or other treatment) [X] or CHLORINATED [ ] or OTHER TREATMENT [ ] SOURCE(S): LOCATION(S): - Address SAMPLE POINT(S): East well near Rapids Well No. 1 County Road 335 (SEE BACK OF FORM) DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY ? YES [XJ or NO [ For Laboratory Use Only Below This Line Well head (raw water) LABORATORY SAMPLE # 961727-1 CLIENT NAME or ID# Aqua -Tec Systems, Inc. LABORATORY NAME Barringer Laboratories, Inc. LAB PHONE # ( 303 ) 277-1687 DATE RECEIVED IN LABORATORY 04 / 17 / 96 DATE ANALYZED 04 / 26 / 96 COMMENTS: (mg/I) (mg/11 EPA (mg/11 PARAMETER RESULT MCL METHOD Lab MDL NITRATE/NITRITE-N 0.8 10.0 353.2 0.1 NITRATE -N 10.0 NITRITE -N 1.0 NT = Not Tested for compound mg/L = Milligrams per Liter MCL = Maximum Contaminant Level Lab MDL = Laboratory Method Detection Limit H = Holding Time has been exceeded Reviewed & Approved by Gl c`6 Title Date MAIL RESULTS TO: Colorado Department of Public Health and Environment, WQCD-DW-B2, 4300 Cherry Creek Drive South, Denver, CO 80222-1530 Revised 7/94 - J:\WP\LABFORMS\NITRATE.FRM Colorado Department of Public Health and Environment - Drinking Water Section REPORTING FORM FOR NITRATE/NITRITE as NITROGEN ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES [ x) or NO [ ) THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS s:ss INSTRUCTIONS/DEFINITIONS ON BACK OF FORM sss: PWSID #: New COUNTY: Garfield DATE COLLECTED: 04 / 16 / 96 SYSTEM/ESTABLISHMENT NAME: The Rapids on the Colorado Homeowner's Association SYSTEM ADDRESS: (mail) 2102 W. Arapahoe Dr. Littleton CO 80120 ( Physical Address) 3 35 t rr y Road 335, New Cast`ie, CO 81647 STATE ZIP CONTACT PERSON: Peter Belau, Engineer PHONE: ( 970 ) 945-2236 SAMPLE COLLECTED BY: Aqua -Tec Systems, Inc. TIME COLLECTED: 10:00 amj / WATER TYPE: RAW (No chlorins w other tre.m.rrt, [Xl or CHLORINATED [ 1 or OTHER TREATMENT [1 SOURCE(S): LOCATION(S): - Address SAMPLE POINT(S): West well near Rapids Well No. 2 I County Road 335 1 Well head. (raw water) (SEE BACK Of FORM), DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY ? YES [ X] or NO [ 1 For Laboratory Use Only Below This Line LABORATORY SAMPLE # 961727-2 CLIENT NAME or ID# Aqua -Tec Systems, Inc. LABORATORY NAME Barringer Laboratories, Inc. LAB PHONE # ( 303) 277-1687 DATE RECEIVED IN LABORATORY 04 / 17 / 96 DATE ANALYZED 04 / 26 / 96 COMMENTS: (mg/I) (mg/I) EPA (mg/II PARAMETER RESULT MCL METHOD Lab MDL NITRATE/NITRITE-N 1.0 10.0 353.2 0.1 NITRATE -N NITRITE -N NT = Not Tested for compound mgiL = Milligrams per Uter MCL = Maximum Contaminant Level Lab MDL = Laboratory Method Detection Limit H = Holding Time has been exceeded 10.0 1.0 Reviewed & Approved by ((/ `7 (,7 Title Date MAIL RESULTS TO: Colorado Department of Public Health and Environment. WQCO-DW-B2, 4300 Cherry Creek Drive South, Denver, CO 60222.1530 Revised 7/94 - J:\WP\LABFORMS\NITRATE.FRM Colorado Department of Public Health and Environment - Drinking Water Section REPORTING FORM FOR ORIGINAL,PHASE II ,V INORGANIC ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES [ x] or NO [ 1 THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPUNG REQUIREMENTS ssss INSTRUCTTONS/DEFINITIONS ON BACK OF FORM ** * PWSID #: New COUNTY: Garfield DATE COLLECTED: 04 / 16 / 96 SYSTEM/ESTABUSHMENT NAME: The Rapids on the Colorado Homeowner's Association SYSTEM ADDRESS: (mail) 2102 W. Arapahoe Dr. Littleton CO 80120 (Physical Address) 3335�County Road 335, New Castle, CO 81647 STATE 71P CONTACT PERSON: Peter Belau, Engineer PHONE:1 970 ) 945-2236 SAMPLE COLLECTED BY: Aqua -Tec Systems, Inc. TIME COLLECTED: 10:00 am/IXE WATER TYPE: RAW No &lacier or other trrarrrwxl [X] or CHLORINATED [ I or OTHER TREATMENT [ ] SOURCE(S): LOCATTON(S): - Address SAMPLE POINT(S): East well near County Road 335 1 Well head (raw water) teff IAac OF FOMAI DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY ? YES [X ] or NO ( ] For Laboratory Use Only Below This Line Rapids Well No. 1 [ LABORATORY SAMPLE # 961727-1 CLIENT NAME or ID# Acraa-Tec Systems, Inc. LABORATORY NAME Barringer Laboratories, Inc. LAB PHONE # ( 303) 277-1687 DATE RECEIVED IN LABORATORY 04/ 17 / 96 DATE ANALYZED 04 / 22 / 96 COMMENTS 05 08 96 (mg/11 (mg/)) EPA (mg/1) PARAMETER RESULT MCL METHOD Lab MDL ANTIMONY ARSENIC BARIUM BERYLLIUM CADMIUM CHROMIUM COPPER CYANIDE FLUORIDE LEAD MERCURY NICKEL SELENIUM SODIUM SULFATE THALLIUM NT = Not Tested for Compound mg/L = Mirigrams per liter MCL = Maximum Contaminant Lab tory Me U 0.006 204.2 0.003 U 0.05 206.2 0.003 0.07 2.0 200.7 0.02 U 0.004 200.7 0.002 U 0.005 200.7 0.002 U 0.1 200.7 0.01 U 1.3• 200.7 0.01 U 0.2 335.4 0.01 1.2 4.0 340.2 0.1 U 0.015' 239.2 0.002 _LL__ 0.002 245.1 0.0002 U 0.1 200.7 0.04 0.013 0.05 270.2 0.005 119 200.7 1 104 500.0" 300.0 1 U 0.002 279.2 0.001 Reviewe?! & Approved by • = NOT en MCL, 'Action Level' = NOT an MCL, 'Monitoring Requirement Only' H = Holding tome has been exceeded Fi)o-t 2 11 / Title Date MAIL RESULTS TO: Colorado Department of Public Health and Environment, WQCD-OW-82, 4300 Chevy Creek Drive South, Denver, CO 80222-1530 Revised 7/94 - J:1WPILABFORMSUNOR(iAN FRM Colorado Department of Public Health and Environment - Drinking Water Section REPORTING FORM FOR ORIGINAL,PHASE II,V INORGANIC ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES [X] or NO ( 1 THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPUNG REQUIREMENTS **** INSTRUCTIONS/DEFINITIONS ON BACK OF FORM **** PWSID #: New COUNTY: Garfield DATE COLLECTED: 04 /16 / 96 SYSTEM/ESTABUSHMENT NAME: The Rapids on the Colorado Homeowner's Association SYSTEM ADDRESS: (mail) 2102 W. Arapahoe Dr. Littleton CO 80120 MWM zm (Physical Address)r°drro °un°ry Road 335, New Caste, CO 81647 CONTACT PERSON: Peter Belau, Engineer PHONE:! 970 1 945-2236 SAMPLE COLLECTED BY: Acrua-Tec Systems, Inc. TIME COLLEC I LU: 10:00 aril= WATER TYPE: RAW No dick,. r ether *mahnand [ X] or CHLORINATED (] or OTHER TREATMENT [ SOURCE(S): Rapids Well No. 2 LOCATION(S): - Address SAMPLE POINT(S): West well near County Road 335 1 Well head (raw water) MEE SACK of FORM) DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY ? YES [ Xl or NO [ ] For Laboratory Use Only Below This Line LABORATORY SAMPLE # 961727-2 CLIENT NAME or ID# Actua-Tec Systems, Inc. LABORATORY NAME Barringer Laboratories, Inc. LAB PHONE # ( 303 ) 277-1687 DATE RECEIVED IN LABORATORY 04 / 17 / 96 DATE ANALYZED 04 / 22 / 96 COMMENTS 05 08 96 (mg/I) (mg/1) EPA (mg/1) PARAMETER RESULT MCL METHOD Lab MDL ANTIMONY ARSENIC BARIUM BERYLLIUM CADMIUM CHROMIUM COPPER CYANIDE FLUORIDE LEAD MERCURY NICKEL SELENIUM SODIUM SULFATE THALLIUM NT = Not Tested for Compound mQ/L = Mi/grams per Uter MCL = Maximum Contamin U 0.006 204.2 0.003 U 0.05 206.2 0.003 0.07 2.0 200.7 0.02 U 0.004 200.7 0.002 U 0.005 200.7 0.002 U 0.1 200.7 0.01 U 1.3• 200.7 0.01 U 0.2 335.4 0.01 0.9 4.0 340.2 0.1 U 0.015• 239.2 0.002 U 0.002 245.1 0.0002 U 0,1 200.7 0.04 0.010 0.05 270.2 0.005 134 •• 200.7 1 117 500.0•• 300.0 1 U 0.002 279.2 0.001 Reviewed & Approved by Title • = NOT an MCL. 'Action Levet' •• = NOT an MCL. 'Monitoring Requirement Onty H = Holding tome has been exceeded Date MAIL RESULTS TO: Colorado Department of Public Hearth and Environment, WQCO-DW-82, 4300 Cherry Creek Drive South, Denver, CO 80222-1530 Colorado Department of Health - Drinking Water Section REPORTING FORM FOR RADIOLOGICAL ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES [xl or NO [) THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS Z*** INSTRUC77ONS/DEFINIT7ONS ON BACK OF FORM s==s PWSID #: New COUNTY: Garfield DATE COLLECTED: 04 / 16 / 96 SYSTEM/ESTABLISHMENT NAME: The Rapids on the Colorado Homeowner's Association SYSTEM ADDRESS: (mail) 2102 W. Arapahoe Dr. Littleton 00 (Physical Address) Road 335, New Caste, 00 81647 - STATE CONTACT PERSON: Peter Belau, Engineer PHONE: i 970) 945-2236 SAMPLE COLLECTED BY: Aqua -Tec Systems, Inc. TIME COLLECTED: 80120 DP 10:00 am/DX WATER TYPE: RAW as worn. se other a.w,=nu [XJ or CHLORINATED [ l or OTHER TREATMENT [ l SOURCE(S): LOCATION(S): - Address East well near 1 County Road 335 1 Well head (raw water) MME LACK of FONAI DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY 7 YES [ Xl or NO [ l For Laboratory Use Only Below This Line LABORATORY SAMPLE # 961727-1 CLIENT NAME or ID# AcTua-Tec Systems, Inc. Rapids Well No. 1 SAMPLE POINT(S): LABORATORY NAME Barringer Laboratories, Inc. DATE RECEIVED IN LABORATORY 04 / 17 / 96 COMMENTS: LAB PHONE # ( 303) 277-1687 DATE ANALYZED 04 / 17 / 96 - 04/30/96 (pCi/l) PARAMETER RESULT GROSS ALPHA 8.7 GROSS BETA 5.3 TOTAL SOLIDS, mg/L RADIUM 226 0.1 RADIUM 228 URANIUM RADON 1280 ADJUSTED ALPHA (pCi/I) MCL 50 N/A • . 15••• EPA METHOD 900.0 900.0 SM -705 901.1 (pCi/l) Lab MDL NT = Not Tested for compound B = The analyte is found in the associated blank as well as in the sample N/A = Not Applicable mg/L = Milligrams per Liter pCUL = Picocuries per Uter MCI. = Maximum Contaminant Level Lab MDL = Laboratory Method Detection Limit • = MCL for Radium 226 and 228 COMBINED is 5 pCi/L MCL in the process of being changed by EPA. • • = MCL in the process of being set by EPA oss Alpha •..'irssr:' minus Radon equals Adjusted Alpha Reviewed & Approve • by Title Date MAIL RESULTS TO: Colorado Department of Health. WQCD-OW-82, 4300 Cherry Creek Drive South, Denver, CO 80222-1530 Revised 6/94 - J:IWPILABFORMSIRAD.FRM Colorado Department of Health - Drinking Water Section REPORTING FORM FOR RADIOLOGICAL ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES (X) or NO ( 1 THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS ssss INSTRUCTIONS/DEFINITIONS ON BACK OF FORM ssss PWSID #: New COUNTY: Garfield DATE COLLECTED: 04 / 16 / 96 SYSTEM/ESTABLISHMENT NAME: The Rapids on the Colorado Homeowner's Association SYSTEM ADDRESS: (mail) 2102 W. Arapahoe Dr. Littleton CO 80120 (Physical Address) un`hy Road 335, New Casfle , CO 81647 STATE DP CONTACT PERSON: Peter Belau, Engineer PHONE: ( 970 ) 945-2236 SAMPLE COLLECTED BY: Aqua -Tec Systems, Inc. TIME COLLECTED: 10:00 am/mc WATER TYPE: RAW No worn. or earn a (XI or CHLORINATED ( 1 or OTHER TREATMENT( 1 SOURCE(S): LOCATION(S): - Address West well near Rapids Well No. 2 County Road 335 Well head (raw water) OGEE BACK OF FORM DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY T YES [Xl or NO ( 1 For Laboratory Use Only Below This Line LABORATORY SAMPLE # 961727-2 CLIENT NAME or ID# Aqua -Tec Systems, Inc. LABORATORY NAME Barringer Laboratories, Inc.. LAB PHONE # ( 303) 277-1687 SAMPLE POINT(S): DATE RECEIVED IN LABORATORY 04 / 17 / 96 DATE ANALYZED 04 / 17 / 96 - 04/30/96 COMMENTS: (pCln) (pCi/1) EPA (pCi/1) PARAMETER RESULT MCL METHOD Lab MDL GROSS ALPHA 4.8 ... 900.0 GROSS BETA 3.0 50 900.0 TOTAL SOLIDS, mg/L N/A RADIUM 226 0.1 • SM -705 RADIUM 228 • URANIUM • • RADON 1940 . • 901.1 ADJUSTED ALPHA 15 • • • NT = Not Tested for compound B = The analyte is found in the associated blank as well es in the sample N/A = Not Applicable mg/L - Milligrams per liter pCU/L = Picocuries per Uter MCL - Maximum Contaminant Level Lab MDL = Laboratory Method Detection Limit • = MCL for Radium 226 and 228 COMBINED is 5 pCi/L. MCL in the process of being changed by EPA. • • = MCL in the process of being set by EPA Alpha m s Uranium nus Radon equals Adjusted Alpha Reviewed & Approved by Title Date MAIL RESULTS TO: Colorado Department of Health, WOOD -OW -82, 4300 Cherry Creek Drive South, Denver, CO 80222-1530 Revised 6/94 - J:\WP1LABFORMS\RAD.F13M Colorado Department of Health - Drinking Water Section REPORTING FORM FOR PHASE I,II,V ORGANIC ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES [ Y9 or NO [ ] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS **** INSTRUCTIONS/DEFINITIONS ON BACK OF FORM **** PWSID #: New COUNTY: Garfield DATE COLLECTED: 04 / 15 / 96 SYSTEM/ESTABLISHMENT NAME: The Rapids on the Colorado Homeowner's Association SYSTEM ADDRESS: (mail) 2102 W. Arapahoe Dr. Littleton CO 80120 (Physical Address) 3335ty Road 335, New Castle, CO 81647 CONTACT PERSON: Peter Belau, Engineer SAMPLE COLLECTED BY: Aqua -Tec Systems, Inc. STATE LP PHONE:! 970 ) 945-2236 TIME COLLECTED: 10:00 am/X WATER TYPE: RAW (Ho dilorwr ar other treatment) [ X] or CHLORINATED [ ] or OTHER TREATMENT [ 1 SOURCE(S): LOCATION(S): - Address SAMPLE POINT(S): East well near Rapids Well No. 1 I County Road 335 (SFE SACK OF FORM( DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY ? YES [ X] or NO [ ] If yes, record information for second source or second PWSID# I Well head (raw water) SOURCE(S):. LOCATION(S): - Address SAMPLE POINT(S): West well near Rapids Well No. 2 ( County Road. 335 I Well head (raw water.) (SEE DICK OF FOP/SI For Laboratory Use Only Below This Line LABORATORY SAMPLE #: 961727-4 CLIENT NAME or IDA': Aaua-Tec Systeme LABORATORY NAME: Barringer Laboratories, Inc. DATE RECEIVED IN LABORATORY: 04 / 17 / 96 LAB PHONE #: ( 303 ) 277-1687 DATE ANALYZED: 04 / 13 / 96 COMMENTS: PAGE 2 LABORATORY NUMBER PWSID# ALL RESULTS SHOULD BE REPORTED IN ug/I UNREGULATED VOCs (TRIHALOMETHANES): These THM results do NOT count as the regulated THM results for systems serving greater than 10,000 population. (ug/I) (ug/I) EPA (ug/I) BLANK CONTAMINANT CAS# RESULT METHOD Lab MDL RESULT Chloroform 67-66-3 U 524.2 0.5 0.5 Bromodichloromethane 75-27-4 U 524.2 0.5 0.5 Chlorodibromomethane 124-48-1 U 524.2 0.5 0.5 Bromoform 75-25-2 U 524.2 0.5 0.5 REGULATED ORGANIC CHEMICALS --VOCs (ug/1) (ug/1) lug/I) EPA (ug/I) BLANK CONTAMINANT CAS# RESULT MCI METHOD Lab MDL RESULT 1,1-Dichloroethylene 75-35-4 U 7 524.2 0.5 0.5 1,1,1 -Trichloroethane 71-55-6 U 200 524.2 0.5 0.5 1,1,2 -Trichloroethane 79-00-5 U 5 524.2 0.5 0.5 1,2,-Dichloroethane 107-06-2 U 5 524.2 0.5 0.5 1,2,-Dichloropropane 78-87-5 t1 5 524.2 0.5 0.5 1,2,4-Trichlorobenzene 120-82-1 U 70 524.2 0.5 0.5 Benzene 71-43-2 U 5 524.2 0.5 0.5 Carbon tetrachloride 56-23-5 U 5 524.2 0.5 0.5 cis-1,2-Dichloroethylene 156-59-2 U 70 524.2 0.5 0.5 Dichloromethane 75-09-2 5.4B 5 524.2 0.5 0.5 Ethylbenzene 100-41-4 U 700 524.2 0.5 n . S Monochlorobenzene 108-90-7 11 100 524.2 0.5 n o -Dichlorobenzene 95-50-1 U 600 524.2 0.5 0.5 para -Dichlorobenzene 106-46-7 u 75 524.2 0.5 0.5 Styrene 100-42-5 U 100 524.2 0.5 0.5 Tetrachloroethylene 127-18-4 U 5 524.2 0.5 0.5 Toluene 108-88-3 U 1,000 524.2 0.5 0.5 trans-1,2-Dichloroethylene 156-60-5 U 100 524.2 0.5 0.5 Trichloroethylene 79-01-6 U 5 524.2 0.5 0.5 Vinyl chloride 75-01-4 U 2 524.2 1.0 1 .0 Xylenes (total) 1330-20-7 U 10,000 524.2 0.5 0.5 REGULATED ORGANIC CHEMICALS--SOCs (ug/I) (ug/11 (ug/I) EPA (ug/I) BLANK CONTAMINANT CAS# RESULT MCL METHOD Lab MDL RESULT Dioxin 1746-01-6 0.00003 2,4,-0 94-75-7 u 70 515.1 0.38 0.38 2,4,5, -TP 93-72-1 u 50 515.1 0.12 0.12 Alachlor 15972-60-8 U 2 505 0.60 0.60 Atrazine 1912-24-9 U 3 505 2.5 2.5 Benzo(a)pyrene 50-32-8 U 0.2 525.1_ 0.1 0.1 Carbofuran 1563-66-2 U 40 531.1 1.5 1.5 Chlordane 57-74-9 U 2 505 2.0 2.0 Dalapon 75-99-0 U 200 515.1 1.0 1.0 Dibromochloropropane 96-12-8 U 0.2 524.2 1.0 1.0 Dinoseb 85-85-7 U 7 515.1 0.30 0.30 Diquat 85-00-7 U 20 549.1 5.0 5.0 PAGE 4 LABORATORY NUMBER PWSID# UNREGULATED ORGANIC CHEMICALS --VOCs (CONT.) (ug/1) lug/11 EPA (ug/I) BLANK CONTAMINANT CAS# RESULT METHOD Lab MDL RESULT 1,2,4-Trimethylbenzene 95-63-6 U 524.2 0.5 0.5 1,3-Dichloropropane 142-28-9 U 524.2 0.5 0.5 1,3-Dichloropropene 542-75-6 U 524.2 0.5 0.5 1,3,5-Trimethylbenzene 108-67-8 U 524.2 0.5 0.5 2,2-Dichloropropane 590-20-7 o U 524.2 0.5 0.5 Bromobenzene 108-86-11 U 524.2 0.5 0.5 Bromochloromethane 74-97-5 U 524.2 0.5 0.5 Bromomethane 74-96-4 U 524.2 1.0 1.0 Chloroethane 75-00-3 U 524.2 1 .0 1.0 Chloromethane 74-87-3 U 524.2 1.0 1 .0 Dibromomethane 74-95-3 U 524.2 0.5 0.5 Dichlorodifluoromethane 75-71-8 U 524.2 1 .0 1 .0 Fluorotrichloromethane 75-69-4 U 524.2 0.5 0.5 Hexachiorobutadiene 87-66-3 U 524.2 0.5 0.5 Isopropylbenzene 98-82-2 U 524.2 0.5 0.5 m -Dichlorobenzene 541-73-1 U 524.2 0.5 0.5 Naphthalene 91-20-3 U 524.2 0.5 0.5 n-Butylbenzene 104-51-8 U 524.2 0.5 0.5 n-Propylbenzene 103-65-1 U 524.2 0.5 0.5 o-Chlorotoluene 95-49-8 U 524.2 0.5 0.5 p-Chlorotoluene 106-43-4 U 524.2 0.5 0.5 p-lsopropyltoluene 25155-15-1 U 524.2 0.5 0.5 Sec-butylbenzene 135-98-8 U 524.2 0.5 0.5 Tert-butylbenzene 98-06-6 U 524.2 0.5 0.5 Codes used: NT = Not tested for compound B = The analyte is found in the associated blank as well as in the sample BDL = Indicates that the compound was analyzed for, but was below the Lab MDL. Lab MDL = Laboratory Method Detection Limit J = Indicates the presence of a compound that meets the identification criteria but the result is Tess than the sample quanitation limit and greater than the Lab MDL. (Above the Lab MDL but below the PQL.) Reviewed & Approved by Title Date MAIL RESULTS TO: Colorado Department of Health, WQCD-DW-B2, 4300 Cherry Creek Drive South, Denver, CO 80222-1530 Revised 7/94 - J:IWPILABSIORGANIC.FRM r1BARRINGER LABORATORIES, INC 5000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. P.O. Box 488 Glenwood Springs, CO 81602 6 -May -96 Attn: Ralph Courter Received: 17 -Apr -96 10:00 Project: Enartech PO #: Job: 961727E Status: Final ANALYTICAL REPORT PACKAGE CASE NARRATIVE i ANALYTICAL RESULTS R-1 QUALITY CONTROL REPORT Q-1 rr- BARRINGER LABORATORIES, INC 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. P.O. Box 488 Glenwood Springs, CO 81602 Page: 6 -May -96 Attn: Ralph Courter Received: 17 -Apr -96 10:00 Project: Enartech PO #: Job: 961727E CASE NARRATIVE Status: Final A total of 4 Water samples were received on 17 -Apr -96. As stated in the chain of custody, the samples were run for the following analyses: Sb, As, Ba, Be, Cd, Cr, Cu, Pb, Hg, Ni, Se, Na, Tl, CN, F, SO4, NO3+NO2, Gross Alpha, Gross Beta, Ra -226, Rn -222, Volatile Organic Compounds, Trihalomethanes, EDB & DBCP, Pesticides, Herbicides, Semi -Volatile Organic Compounds, Carbamate Pesticides, Endothall and Diquat. A table, to cross reference your sample ID to ours, is attached. Our procedures are summarized on the Quality Control Data Sheet. Quality control standards for organic and inorganic analyses followed the appropriate SW -846 or EPA methodology. Quality control standards for radiochemistry followed our standard operating procedures or contractual requirements. Signed: Signed: Inorganic Manager Project Review Ra''diochemistry Manager Organic pager ��L �ARRINGER LABORATORIES, INC. 15000 W. 6TH AVE., SUITE 300 GOLDEN. CO 80401 (303)T/)-168] FAX (303) ZI��1689 15000 AVE., SUITE 300 GOLDEN. CO 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. P.O. Box 488 Glenwood Springs, CO 81602 Attn: Ralph Courter Project: Enartech Job: 961727E PO #: 6 -May -96 Page: ii Received: 17 -Apr -96 10:00 Status: Final Lab -ID Matrix Client Sample ID Sampled 961727-1 961727-2 961727-3 961727-4 Water Water Water Water ENARTECH,RAPIDS,WELL #1 ENARTECH,RAPIDS,Well #4 Trip Blank WELL #1 & #4 Composite 10 -Apr -96 16 -Apr -96 NA NA �ARRINGER LABORATORIES, INC. 15000 W. 6TH AVE.. SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) Tn_�689 15000 W. AVE., SUITE 300 GOLDEN, CO FAX 277-1689 AquaTec Systems, Inc. Sample Id: ENARTECH,RAPIDS,WELL #1 Lab Id: 961727-1 Date Sampled: 10 -Apr -96 Analyte Antimony Arsenic Barium Beryllium Cadmium Chromium Copper Lead Mercury Nickel Selenium Sodium Thallium Cyanide Fluoride Sulfate Nitrate+Nitrite Fraction Total Total Total Total Total Total Total Total Total Total Total Total Total Total Project: Enartech Matrix: Water Method Concentration 204.2 U mg/1 206.2 J mg/1 200.7 0.07 mg/1 200.7 U mg/1 200.7 U mg/1 200.7 U mg/1 200.7 U mg/1 239.2 U mg/1 245.1 U mg/1 200.7 U mg/1 270.2 0.013 mg/1 200.7 119 mg/1 279.2 U mg/1 335.4 U mg/1 340.2 1.2 mg/1 300.0 104 mg/1 353.2 0.8 mg/1 Sample Id: ENARTECH,RAPIDS,Well #4 Lab Id: 961727-2 Date Sampled: 16 -Apr -96 Analyte Antimony Arsenic Barium Beryllium Cadmium Chromium Copper Lead Mercury Nickel Selenium Sodium Thallium Cyanide Fluoride Sulfate Nitrate+Nitrite Fraction Total Total Total Total Total Total Total Total Total Total Total Total Total Total Method 204.2 206.2 200.7 200.7 200.7 200.7 200.7 239.2 245.1 200.7 270.2 200.7 279.2 335.4 340.2 300.0 353.2 Project: Enartech Matrix: Water Concentration U mg/1 U mg/1 0.07 mg/1 U mg/1 U mg/1 U mg/1 U mg/1 U mg/1 U mg/1 U mg/1 0.010 mg/1 134 mg/1 U mg/1 U mg/1 0.9 mg/1 117 mg/1 1.0 mg/1 6 -May -96 Page: R-1 Job: 961727E Status: Final MDL 0.003 0.003 0.02 0.002 0.002 0.01 0.01 0.002 0.0002 0.04 0.005 1 0.001 0.01 0.1 1 0.1 MDL 0.003 0.003 0.02 0.002 0.002 0.01 0.01 0.002 0.0002 0.04 0.005 1 0.001 0.01 0.1 1 0.1 Date Analyzed 8 -May -96 29 -Apr -96 24 -Apr -96 6 -May -96 6 -May -96 24 -Apr -96 24 -Apr -96 25 -Apr -96 22 -Apr -96 25 -Apr -96 25 -Apr -96 24 -Apr -96 7 -May -96 24 -Apr -96 24 -Apr -96 29 -Apr -96 26 -Apr -96 Date Analyzed 8 -May -96 29 -Apr -96 24 -Apr -96 6 -May -96 6 -May -96 24 -Apr -96 24 -Apr -96 25 -Apr -96 22 -Apr -96 25 -Apr -96 25 -Apr -96 24 -Apr -96 7 -May -96 24 -Apr -96 24 -Apr -96 29 -Apr -96 26 -Apr -96 r15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 BARRINGER LABORATORIES, INC AquaTec Systems, Inc. 6 -May -96 Page: R-2 Job: 961727E Status: Final Analyte: Gross Alpha Project: Enartech Fraction: Total Date Analyzed: 04/22-04/25 Method: 900.0 LLD: 13 Units: pCi/1 Date Lab Id Sampled Matrix Sample Id Concentration+ 2a LLD 961727-1 10 -Apr -96 Water ENARTECH,RAPIDS,WELL #1 8.7±5.1 13 961727-2 16 -Apr -96 Water ENARTECH,RAPIDS,Well #4 4.8±4.4 13 Analyte: Gross Beta Project: Enartech Fraction: Total Date Analyzed: 04/22-04/25 Method: 900.0 LLD: 8 Units: pCi/1 Date Lab Id Sampled Matrix Sample Id Concentration+ 2a LLD 961727-1 10 -Apr -96 Water ENARTECH,RAPIDS,WELL #1 5.3±5.6 8 961727-2 16 -Apr -96 Water ENARTECH,RAPIDS,Well #4 3.0±5.3 8 Analyte: Ra -226 Project: Enartech Fraction: Total Date Analyzed: 04/26-04/30 Method: SM -705 LLD: 0.3 Units: pCi/1 Date Lab Id Sampled Matrix Sample Id Concentration+ 2a LLD 961727-1 10 -Apr -96 Water ENARTECH,RAPIDS,WELL #1 0.1±0.2 0.3 Analyte: Rn -222 Project: Enartech Fraction: Total Date Analyzed: 17 -Apr -96 Method: 901.1 LLD: 150 Units: pCi/1 Date Lab Id Sampled Matrix Sample Id Concentration+ 2a LLD 961727-2 16 -Apr -96 Water ENARTECH,RAPIDS,Well #4 1940±160 150 �ARRINGER LABORATORIES, INC. 15000 W. 6TH AVE., SUITE 300 GOLDEN. CO 80401 (303) 277-1687 FAX (303)2]��689 15000 W. 6TH AVE., SUITE 300 GOLDEN. CO 80401 FAX 277-1689 AquaTec Systems, Inc. Volatile Organic Compounds Sample Id: Trip Blank Lab Id: 961727-3 Date Sampled: 10 -Apr -96 Date Extracted: NA Date Analyzed: 18 -Apr -96 Analyte Dichlorodifluoromethane Chloromethane Vinyl Chloride Bromomethane Chloroethane Trichlorofluoromethane 1,1-Dichloroethene Methylene Chloride trans-1,2-Dichloroethene 1,1-Dichloroethane 2,2-Dichloropropane cis-1,2-Dichloroethene Chloroform Bromochloromethane 1,1,1 -Trichloroethane 1,1-Dichloropropene Carbon Tetrachloride 1,2-Dichloroethane Benzene Trichloroethene 1,2-Dichloropropane Bromodichloromethane Dibromomethane trans-1,3-Dichloropropene Toluene cis-1,3-Dichloropropene 1,1,2 -Trichloroethane 1,3-Dichloropropane Tetrachloroethene Dibromochloromethane 1,2-Dibromoethane Chlorobenzene 1,1,1,2 -Tetrachloroethane Ethylbenzene m,p-Xylene ortho-Xylene Styrene Isopropylbenzene Bromoform 1,1,2,2 -Tetrachloroethane 1,2,3-Trichloropropane Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 524.2 Concentration uq/1 U U U U U U U 5.5B U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U CAS Number 75-71-8 74-87-3 75-01-4 74-83-9 75-00-3 75-69-4 75-35-4 75-09-2 156-60-5 75-34-3 590-20-7 156-59-4 67-66-3 74-97-5 71-55-6 563-58-6 56-23-5 107-06-2 71-43-2 79-01-6 78-87-5 75-27-4 74-95-3 10061-02-6 108-88-3 10061-01-5 79-00-5 142-28-9 127-18-4 124-48-1 106-93-4 108-90-7 630-20-6 100-41-4 M+P 95-47-6 100-42-5 98-82-8 75-25-2 79-34-5 96-18-4 6 -May -96 Page: F.-3 Job: 961727E Status: Final MDL 1.0 1.0 1.0 1.0 1.0 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 riARRINGER LABORATORIES, INC. 0�� W 6TH AVE.. SUITE 300 GOLDEN. CO 80401 l303� 2]�-168] FA% X303) 2])�i689000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. Volatile Organic Compounds Sample Id: Trip Blank Lab Id: 961727-3 Date Sampled: 10 -Apr -96 Date Extracted: NA Date Analyzed: .18 -Apr -96 Analvte n-Propylbenzene Bromober_zene 1,3,5-Tr_methylbenzene 2-Chlorc:oluene 4-Chlorctoluene tert-Butylbenzene 1,2,4-Trimethylbenzene sec-Butylbenzene p- Isoprcpyltoluene 1,3 -Dichlorobenzene 1,4 -Dichlorobenzene n-Butylbenzene 1,2 -Dichlorobenzene 1,2-Dibromo-3-Chloropropane 1,2,4-Trichlorobenzene Hexachlorobutadiene Naphthalene 1,2,3-Trichlorobenzene Surrogate p- Bromofluorobenzene 1,2 -Dichlorobenzene -d4 Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 524.2 Concentration uq/1 U U U U U U U U U U U U U U U U U U CAS Number 103-65-1 108-86-1 108-67-8 95-49-8 106-43-4 98-06-6 95-63-6 135-98-8 99-87-6 541-73-1 106-46-7 104-51-8 95-50-1 96-12-8 120-82-1 87-68-3 91-20-3 87-61-6 Recovery 85% 880 6 -May -96 Page: R-4 Job: 961727E Status: Final MDL 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 1.0 0.5 0.5 0.5 0.5 Limit 75-125%- 75-125%- Surrogate 5-125075-1250 rARRINGER LABORATORIES, INC. 15000 W. 6TH AVE.UITE 300 GOLDEN, CO 80401 (303)277-1687 FAX (303) 2I]-1689 15000 6TH AVE., SUITE 300 CO 80401 FAX (303) 277-1689 AquaTec Systems, Inc. Volatile Organic Compounds 6 -May -96 Page: R-5 Job: 961727E Status: Final Sample Id: WELL #1 & #4 Composite Lab Id: 961727-4 Project: Enartech Date Sampled: 10 -Apr -96 Dilution Factor: 1:1 Date Extracted: NA Matrix: Water Date Analyzed: 18 -Apr -96 Method: 524.2 Concentration Analyte CAS Number ug/1 MDL Dichlorodifluoromethane 75-71-8 U 1.0 Chloromethane 74-87-3 U 1.0 Vinyl Chloride 75-01-4 U 1.0 Bromomethane 74-83-9 U 1.0 Chloroethane 75-00-3 U 1.0 Trichlorofluoromethane 75-69-4 U 0.5 1,1-Dichloroethene 75-35-4 U 0.5 Methylene Chloride 75-09-2 5.4B 0.5 trans-1,2-Dichloroethene 156-60-5 U 0.5 1,1-Dichloroethane 75-34-3 U 0.5 2,2-Dichloropropane 590-20-7 U 0.5 cis-1,2-Dichloroethene 156-59-4 U 0.5 Chloroform 67-66-3 U 0.5 Bromochloromethane 74-97-5 U 0.5 1,1,1 -Trichloroethane 71-55-6 U 0.5 1,1-Dichloropropene 563-58-6 U 0.5 Carbon Tetrachloride 56-23-5 U 0.5 1,2-Dichloroethane 107-06-2 U 0.5 Benzene 71-43-2 U 0.5 Trichloroethene 79-01-6 U 0.5 1,2-Dichloropropane 78-87-5 U 0.5 Bromodichloromethane 75-27-4 U 0.5 Dibromomethane 74-95-3 U 0.5 trans-1,3-Dichloropropene 10061-02-6 U 0.5 Toluene 108-88-3 U 0.5 cis-1,3-Dichloropropene 10061-01-5 U 0.5 1,1,2 -Trichloroethane 79-00-5 U 0.5 1,3-Dichloropropane 142-28-9 U 0.5 Tetrachloroethene 127-18-4 U 0.5 Dibromochloromethane 124-48-1 U 0.5 1,2-Dibromoethane 106-93-4 U 0.5 Chlorobenzene 108-90-7 U 0.5 1,1,1,2 -Tetrachloroethane 630-20-6 U 0.5 Ethylbenzene 100-41-4 U 0.5 m,p-Xylene M+P U 0.5 ortho-Xylene 95-47-6 U 0.5 Styrene 100-42-5 U 0.5 Isopropylbenzene 98-82-8 U 0.5 Bromoform 75-25-2 U 0.5 1,1,2,2 -Tetrachloroethane 79-34-5 U 0.5 1,2,3-Trichloropropane 96-18-4 U 0.5 rARRINGER LABORATORIES. INC. 15000 W. 6TH AVE.. SUITE 300 GOLDEN. CO 80401 (303) 2])-168'J FAX (303) T/��t689 15000 W. 6TH AVE., 300 GOLDEN. CO (303) 277-1687 FAX 277-1689 AquaTec Systems, Inc. Volatile Organic Compounds 6 -May -96 Page: R-6 Job: 961727E Status: Final Sample Id: WELL #1 & #4 Composite Lab Id: 961727-4 Project: Enartech Date Sampled: 10 -Apr -96 Dilution Factor: 1:1 Date Extracted: NA Matrix: Water Date Analyzed: 18 -Apr -96 Method: 524.2 Concentration Analyte CAS Number ag/1 MDL n-Propylbenzene 103-65-1 U 0.5 Bromobenzene 108-86-1 U 0.5 1,3,5-Trimethylbenzene 108-67-8 U 0.5 2-Chlorotoluene 95-49-8 U 0.5 4-Chlorotoluene 106-43-4 U 0.5 Cert-Butylbenzene 98-06-6 U 0.5 1,2,4-Trimethylbenzene 95-63-6 U 0.5 sec-Butylbenzene 135-98-8 U 0.5 p-Isopropyltoluene 99-87-6 U 0.5 1,3 -Dichlorobenzene 541-73-1 U 0.5 1,4 -Dichlorobenzene 106-46-7 U 0.5 n-Butylbenzene 104-51-8 U 0.5 1,2 -Dichlorobenzene 95-50-1 U 0.5 1,2-Dibromo-3-Chloropropane 96-12-8 U 1.0 1,2,4-Trichlorobenzene 120-82-1 U 0.5 Hexachlorobutadiene 87-68-3 U 0.5 Naphthalene 91-20-3 U 0.5 1,2,3-Trichlorobenzene 87-61-6 U 0.5 Surrogate Recovery Limit p-Bromofluorobenzene 900 75-125% 1,2 -Dichlorobenzene -d4 94% 75-125% �ARRINGER LABORATORIES, INC. 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 2]7-16� FAX (303) 2]]1689 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. Trihalomethanes Sample Id: WELL #1 & #4 Composite Lab Id: 961727-4 Date Sampled: 10 -Apr -96 Date Extracted: NA Date Analyzed: 17 -Apr -96 Analyte Chloroform Bromodichloromethane Dibromochloromethane Bromoform TTHM Surrogate p-Bromofluorobenzene 1,2 -Dichlorobenzene -d4 Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 524.2 Concentration ug/1 U U U U U CAS Number 67-66-3 75-27-4 124-48-1 75-25-2 Recovery 93% 1010 6 -May -96 Page: R-7 Job: 961727E Status: Final MDL 0.5 0.5 0.5 0.5 1.0 Limit 75-1250 75-1250 BARRINGER LABORATORIES, INC 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. EDB & DBCP 6 -May -96 Page: R-8 Job: 961727E Status: Final Sample Id: WELL #1 & #4 Composite Lab Id: 961727-4 Project: Enartech Date Sampled: 10 -Apr -96 Dilution Factor: 1:1 Date Extracted: 17 -Apr -96 Matrix: Water Date Analyzed: 18 -Apr -96 Method: 504 Concentration Analyte CAS Number ug/1 MDL 1,2-Dibromoethane 106-93-4 U 0.025 1,2-Dibromo-3-Chloropropane 96-12-8 U 0.025 1,2,3-Trichloropropane 96-18-4 U 0.050 Surrogate Recovery Limit Bromofluorobenzene 1240 59-137% rARRINGER LABORATORIES, INC. 15000 W. HAVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 2]]1689 15000 W. 6TH AVE., SUITE 300 CO 80401 (303) FAX (303) 277-1689 AquaTec Systems, Inc. Pesticides 6 -May -96 Page: R-9 Job: 961727E Status: Final Sample Id: WELL #1 & #4 Composite Lab Id: 961727-4 Project: Enartech Date Sampled: 10 -Apr -96 Dilution Factor: 1:1 Date Extracted: 17 -Apr -96 Matrix: Water Date Analyzed: 18 -Apr -96 Method: 505 Concentration Analyte CAS Number µg/1 MDL Alachlor 5972-60-8 U 0.60 I Aldrin 309-00-2 U 0.075 I Atrazine 1912-24-9 U 2.5 Chlordane 57-74-9 U 2.0 alpha -Chlordane 5103-71-9 U 0.085 gamma -Chlordane 5103-74-2 U 0.065 Dieldrin 60-57-1 U 0.055 Endrin 72-20-8 U 0.070 Heptachlor 76-44-8 U 0.15 Heptachlor Epoxide 1024-57-3 U 0.055 Hexachlorobenzene 118-74-1 U 0.027 Hexachlorocyclopentadiene 77-47-4 U 0.19 Lindane 58-89-9 U 0.040 Methoxychlor 72-43-5 U 0.25 cis-Nonachlor 5103-73-1 U 0.055 trans-Nonachlor 39765-80-5 U 0.092 Simazine 122-34-9 U 4.0 Toxaphene 8001-35-2 U 3.0 Aroclor 1016 12674-11-2 U 0.50 Aroclor 1221 11104-28-2 U 0.50 Aroclor 1232 11141-16-5 U 0.50 Aroclor 1242 53469-21-9 U 0.50 Aroclor 1248 12672-29-6 U 0.50 Aroclor 1254 11097-69-1 U 0.50 Aroclor 1260 11096-82-5 U 0.50 Surrogate Recovery Limit TCX 1180 64-1410 DCB T158% 59-131% rARRINGER LABORATORIES, INC. 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401(303)277-1687 FAX (303)2))�t689 15000 W. 6TH AVE., SUITE 300 CO FAX 277-1689 AquaTec Systems, Inc. Herbicides 6 -May -96 Page: R-10 Job: 961727E Status: Final Sample Id: WELL #1 & #4 Composite Lab Id: 961727-4 Project: Enartech Date Sampled: 10 -Apr -96 Dilution Factor: 1:1 Date Extracted: 19 -Apr -96 Matrix: Water Date Analyzed: 25 -Apr -96 Method: 515.1 Concentration Analyte CAS Number 4g/1 MDL Dalapon 94-74-6 U 1.0 3,5-Dichlorobenzoic Acid 51-36-5 U 0.125 4-Nitrophenol 100-02-7 U 0.16 Dicamba 1918-00-9 U 0.16 Dichlorprop 120-36-5 U 0.43 2,4-D 94-75-7 U 0.38 Pentachlorophenol 87-86-5 U 0.10 2,4,5 -TP (Silvex) 93-72-1 U 0.12 Chloramben 133-90-4 U 0.10 2,4,5-T 93-76-5 U 0.12 2,4 -DB 94-82-6 U 0.50 Dinoseb 88-85-7 U 0.30 Bentazon 25057-89-0 U 0.26 Picloram 1918-02-1 U 0.10 DCPA 1897-45-6 U 0.20 Acifluorfen 50594-66-6 U 0.18 Surrogate Recovery Limit DCAA T18896 72-1370 rBARRINGER LABORATORIES, INC 15000 W. 6TH AVE., SUITE 300 GOLDEN. CO 80401 (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. Semi -Volatile Sample Id: WELL #1 & #4 Composite Lab Id: 961727-4 Date Sampled: 19 -Apr -96 Date Extracted: 22 -Apr -96 Date Analyzed: 3 -May -96 Analyte Hexachlorocyclopentadiene Dimethylchtha1ate Acenaphthylene 2-Chlorobiphenyl Diethylp.:halate Fluorene Propachlcr Trifluralin 2,3-Dichlorobiphenyl Hexachlorobenzene Simazine Atrazine Pentachlorophenol Lindane Phenanthrene Anthracene Metribuzin 2,4,5-Trichlorobiphenyl Alachlor Heptachlor Metolachlor Di-n-butylphthalate 2,2,4,4-Tetrachlorobiphenyl Aldrin Heptachlor Epoxide 2,2,3,4,6-Pentachlorobiphenyl gamma -Chlordane Butachlor alpha -Chlordane trans-Nonachlor Pyrene 2,2,4,4,5,6-Hexachlorobiphenyl Endrin Butylbenzylphthalate, bis(2-ethylhexyl)adipate Benzo(a)anthracene Chrysene 2,2,3,3,4,4,6-Heptachlorobiphe Methoxychlor 2,2,3,3,4,5,6,6-Octachlorobiph bis(2-Ethylhexyl)phthalate Organic Compounds Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 525.1 Concentration Uq/1 U U U U U U U U U U U U U U U U U U U U U 3 7B U U U U U 13 U U U U U U U U U U U U 3.OB CAS Number 77-47-4 131-11-3 208-96-8 2051-60-7 84-66-2 86-73-7 1918-16-7 1582-09-8 16605-91-7 118-74-1 122-34-9 1912-24-9 87-86-5 58-89-9 85-01-8 120-12-7 21087-64-9 15862-07-4 5972-60-8 76-44-8 51218-45-2 84-74-2 2437-79-8 309-00-2 1024-57-3 60233-25-2 5103-74-2 23814-66-9 5103-71-9 39765-80-5 129-00-0 60145-22-4 72-20-8 85-68-7 103-23-1 56-55-3 218-01-9 52663-71-5 72-43-5 40186-71-8 117-81-7 6 -May -96 Page: R-11 Job: 961727E Status: Final MDL 0.1 0.3 0.1 0.1 0.6 0.1 0.2 -0.2 0.2 0.2 0.2 0.3 3.0 0.1 0.2 0.1 0.2 0.1 0.3 0.2 0.2 1.0 0.1 0.1 0.3 0.1 0.3 0.2 0.1 0.1 0.1 0.1 1.0 0.5 0.5 0.2 0.3 0.1 0.3 0.1 0.8 rARRINGER LABORATORIES, INC. 15000 W. 6TH AVE.,SUITE300 GOLDEN, CO 80401 (303) 9]168] FAX X303) 2]]1689 15000 W. AVE., 300 CO 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. Semi -Volatile Organic Compounds 6 -May -96 Page: R-12 Job: 961727E Status: Final Sample Id: WELL #1 & #4 Composite Lab Id: 961727-4 Project: Enartech Date Sampled: 10 -Apr -96 Dilution Factor: 1:1 Date Extracted: 22 -Apr -96 Matrix: Water Date Analyzed: 3 -May -96 Method: 525.1 Concentration Analyte CAS Number ug/1 MDL Benzo(b)fluoranthene 205-99-2 U 0.3 Benzo(k)fluoranthene 207-08-9 U 0.3 Benzo(a)pyrene 50-32-8 U 0.1 Indeno(1,2,3-cd)pyrene 193-39-5 U 0.1 Dibenzo(a,h)anthracene 53-70-3 U 0.1 Benzo(g,h,i)perylene 191-24-2 U 0.1 Surrogate Recovery Limit Perylene-d12 92% 65-120% rI3ARRINGER LABORATORIES, INC. 5000 W bTH AVE.. SURE 300 GOLDEN, CO 80x01 (303) Zi!-t6B/ FA% X303) 2]>�t6895000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. Carbamate Pesticides Sample Id: WELL #1 & #4 Composite Lab Id: 961727-4 Date Sampled: 10 -Apr -96 Date Extracted: NA Date Analyzed: 18 -Apr -96 Analyte Aldicarb Sulfone Aldicarb Sulfoxide Oxamyl Methomyl 3-Hydroxycarbofuran Aldicarb Propoxur(Baygon) Carbofuran Carbaryl Methiocarb Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 531.1 Concentration ug/1 U U U U U U U U U U CAS Number 1646-87-4 1646-87-3 23135-22-0 16752-77-5 16655-82-6 116-06-3 114-26-1 1563-66-2 63-25-2 2032-65-7 6 -May -96 Page: R-13 Job: 961727E Status: Final MDL 2.0 2.0 2.0 0.5 2.0 1.0 1.0 1.5 2.0 4.0 rARRINGER LABORATORIES, INC. 15000 W. 6TH AVE.. SUITE 300 GOLDEN, CO 80401 (303 �]�tbBl FAX (303) 2'1]-168 15000 6TH AVE.. SUITE 300 GOLDEN, CO (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. Endothall 6 -May -96 Page: R-14 Job: 961727E Status: Final Sample Id: WELL #1 & #4 Composite Lab Id: 961727-4 Project: Enartech Date Sampled: 10 -Apr -96 Dilution Factor: 1:1 Date Extracted: 23 -Apr -96 Matrix: Water Date Analyzed: 24 -Apr -96 Method: 548 Concentration Analyte CAS Number ua/1 MDL Endothall 145-73-3 U 20 BARRINGER LABORATORIES, INC. 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. Diquat Sample Id: WELL #1 & #4 Composite Lab Id: 961727-4 Date Sampled: 19 -Apr -96 Date Extracted: 23 -Apr -96 Date Analyzed: 23 -Apr -96 Analyte Diquat Paraquat CAS 85- 191 Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 549.1 Concentration ug/1 U U Number 00-7 0-42-5 6 -May -96 Page: R-15 Job: 961727E Status: Final MDL 5.0 5.0 rBARRINGER LABORATORIES, INC. 0 W. 6�H qVE.. SUITE 300 GOLDEN. CO BOaOt i3�3; 2]>-168> FAX (303) ZI]�1680 W. 6TH AVE., SUITE 300 GOLDEN. CO 80401 1303; 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. QUALITY CONTROL REPORT Sample Id Blank LCS (True) LCS (Found) LCS % Rec Duplicate Duplicate RPD Spike % Rec Sample Id Blank LCS (True) LCS (Found) LCS % Rec Duplicate Duplicate RPD Spike o Rec Sample Id Blank LCS (True) LCS (Found) LCS.% Rec Duplicate Duplicate RPD Spike % Rec Antimony Arsenic Total Total mg/1 mg/1 U U 0.050 0.050 0.053 0.047 106 94.0 U U U U NC NC 91.5 94.5 Chromium Copper Total Total mg/1 mg/1 U 2.00 2.06 103 U U NC 104 Selenium Total mg/1 U 0.050 0.049 97.6 U U NC 99.0 2.00 2.02 101 0.09 0.09 4.2 103 Barium Total mg/1 U 10.0 9.99 99.9 0.12 0.12 0.2 100 Beryllium Total mg/1 U 1.00 0.99 98.8 U U NC 102 Lead Mercury Total Total mg/1 mg/1 U U 0.050 0.0050 0.053 0.0052 107 104 U 0.0017 U 0.0014 NC 19.9 116 97.4 Sodium Thallium Total Total mg/1 mg/1 U U 20.0 0.050 20.9 0.049 104 98.8 19 U 19 U 1.3 NC NA A111 6 -May -96 Page: Q-1 Job: 961727E Status: Final Cadmium Total mg/1 U 1.00 1.07 107 U U NC 95.2 Nickel Total mg/1 U 5.00 5.08 102 U U NC 102 Cyanide Fluoride Total mg/1 mg/1 U U 0.200 5.00 0.210 5.25 105 105 U 1.10 U 1.15 NC 4.4 109 114 rARRINGER LABORATORIES, INC. 15000 W. 6TH AVE.. SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303)ZI>-1689 15000 6TH AVE., SUITE 300 CO 80401 (303) FAX 277-1689 AquaTec Systems, Inc. QUALITY CONTROL REPORT Sulfate Nitrate+Nitrite as N mg/1 mq/1 Sample Id Blank LCS (True) LCS (Found) LCS % Rec Duplicate Duplicate RPD Spike % Rec U U 40.0 4.77 40.4 4.64 101 97.3 104 0.8 104 0.8 0.1 0.6 99.0 107 Page: Job: 6 -May -96 Q-2 961727E Status: Final !PF-- BARRINGER LABORATORIES, INC 15000 67H AVE., SUITE 300 GOLDEN. CO 80401 (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. QUALITY CONTROL REPORT Sample Id Gross Alpha Total pCi/l + 2Q Gross Beta Total pCi/l + 2Q Duplicate 17 ±13 42 ±20 Duplicate 15 ±13 46 ±18 RER 0.10 0.14 Std (found value) 96 ±4 105 ±2 Std (true value) 101 93 Std o rec. 95 112 Blank 0.5 ±0.5 0.5 ±0.6 Spike o rec. 83 113 Ra -226 Rn -222 Total Total Sample Id pCi/l + 2Q pCi/l + 2Q Duplicate 0.1 ±0.3 1970 ±130 Duplicate 0.3 +1.8 1890 ±130 RER 0.15 0.20 Std (found value) 111 ±4 10400 ±200 Std (true value) 104 10300 Std % rec. 107 101 Blank 0.1 ±0.1 0 ±112 Spike % rec. 118 NA 6 -May -96 Page: Q-3 Job: 961727E Status: Final !r- 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. QUALITY CONTROL REPORT BARRINGER LABORATORIES, INC. 6 -May -96 Page: Q-4 Job: 961727E Status: Final Lab Id: vblk315 Project: Enartech Date Sampled: NA Dilution Factor: 1:1 Date Extracted: NA Matrix: Water Date Analyzed: 18 -Apr -96 Method: 524.2 Concentration Analyte CAS Number µq/1 MDL Dichlorodifluoromethane 75-71-8 U 1.0 Chloromethane 74-87-3 U 1.0 Vinyl Chloride 75-01-4 U 1.0 Bromomethane 74-83-9 U 1.0 Chloroethane 75-00-3 U 1.0 Trichlorofluoromethane 75-69-4 U 0.5 1,1-Dichloroethene 75-35-4 U 0.5 Methylene Chloride 75-09-2 5.5 0.5 trans-1,2-Dichloroethene 156-60-5 U 0.5 1,1-Dichloroethane 75-34-3 U 0.5 2,2-Dichloropropane 590-20-7 U 0.5 cis-1,2-Dichloroethene 156-59-4 U 0.5 Chloroform 67-66-3 U 0.5 Bromochloromethane 74-97-5 U 0.5 1,1,1 -Trichloroethane 71-55-6 U 0.5 1,1-Dichloropropene 563-58-6 U 0.5 Carbon Tetrachloride 56-23-5 U 0.5 1,2-Dichloroethane 107-06-2 U 0.5 Benzene 71-43-2 U 0.5 Trichloroethene 79-01-6 U 0.5 1,2-Dichloropropane 78-87-5 U 0.5 Bromodichloromethane 75-27-4 U 0.5 Dibromomethane 74-95-3 U 0.5 trans-1,3-Dichloropropene 10061-02 6 U 0.5 Toluene 108-88-3 U 0.5 cis-1,3-Dichloropropene 10061-01 5 U 0.5 1,1,2 -Trichloroethane 79-00-5 U 0.5 1,3-Dichloropropane 142-28-9 U 0.5 Tetrachloroethene 127-18-4 U 0.5 Dibromochloromethane 124-48-1 U 0.5 1,2-Dibromoethane 106-93-4 U 0.5 Chlorobenzene 108-90-7 U 0.5 1,1,1,2 -Tetrachloroethane 630-20-6 U 0.5 Ethylbenzene 100-41-4 U 0.5 m,p-Xylene M+P U 0.5 ortho-Xylene 95-47-6 U 0.5 Styrene 100-42-5 U 0.5 Isopropylbenzene 98-82-8 U 0.5 Bromoform 75-25-2 U 0.5 1,1,2,2 -Tetrachloroethane 79-34-5 U 0.5 1,2,3-Trichloropropane 96-18-4 U 0.5 rARRINGER LABORATORIES, INC. 15000 W 6TH AVE.. SUITE 300 GOLDEN, CO 80401 (303)277-1687 FAX (303) 2)]�t689 15000 W. AVE., SUITE 300 GOLDEN, CO 80401 FAX 277-1689 AquaTec Systems, Inc. QUALITY CONTROL REPORT Lab Id: vb1k315 Date Sampled: NA Date Extracted: NA Date Analyzed: 18 -Apr -96 Analyte n-Propylbenzene Bromobenzene 1,3,5-Trimethylbenzene 2-Chlorotoluene 4-Chlorotoluene tert-Butylbenzene 1,2,4-Trimethylbenzene sec-Butylbenzene p- Isopropyltoluene 1,3 -Dichlorobenzene 1,4 -Dichlorobenzene n-Butylbenzene 1,2 -Dichlorobenzene 1,2-Dibromo-3-Chloropropane 1,2,4-Trichlorobenzene Hexachlorobutadiene Naphthalene 1,2,3-Trichlorobenzene Surrogate p-Bromofluorobenzene 1,2 -Dichlorobenzene -d4 Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 524.2 Concentration gq/1 U U U U U U U U U U U U U U U U U U CAS Number 103-65-1 108-86-1 108-67-8 95-49-8 106-43-4 98-06-6 95-63-6 135-98-8 99-87-6 541-73-1 106-46-7 104-51-8 95-50-1 96-12-8 120-82-1 87-68-3 91-20-3 87-61-6 Recovery 89% 92% Page: Job: 6 -May -96 Q-5 961727E Status: Final MDL 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 1.0 0.5 0.5 0.5 0.5 Limit 75-125% 75-125% �ARRINGER LABORATORIES, INC. 15000 W. 6TH AVE.,SUITE 300 GOLDEN, CO 80401(303) 277-1687FAX (303)21�-t689 15000 W. AVE., SUITE 300 GOLDEN, CO (303) FAX 277-1689 AquaTec Systems, Inc. QUALITY CONTROL REPORT Lab Id: vblk314 Date Sampled: NA Date Extracted: NA Date Analyzed: 17 -Apr -96 Analyte Chloroform Bromodichloromethane Dibromochloromethane Bromoform TTHM Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 524.2 Concentration ug/1 U U U U U CAS Number 67-66-3 75-27-4 124-48-1 75-25-2 Surrogate Recovery p-Bromofluorobenzene 94% 1,2 -Dichlorobenzene -d4 101% 6 -May -96 Page: Q-6 Job: 961727E Status: Final MDL 0.5 0.5 0.5 0.5 1.0 Limit 75-125% 75-125% rARRINGER LABORATORIES, INC. 15000 W. 6TH AVE. SUITE 300 GOLDEN, CO 80401 (303)277-1687 FAX (303) 2'I)�1689 15000 W. AVE., 300 CO FAX 277-1689 AquaTec Systems, Inc. QUALITY CONTROL REPORT Lab Id: Method Blank Date Sampled: NA Date Extracted: 17 -Apr -96 Date Analyzed: 18 -Apr -96 Analyte 1,2-Dibromoethane 1,2-Dibromo-3-Chloropropane 1,2,3-Trichloropropane Surrogate Bromofluorobenzene Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 504 Concentration µq/1 U U U CAS Number 106-93-4 96-12-8 96-18-4 Recovery 1180 6 -May -96 Page: Q-7 Job: 961727E Status: Final MDL 0.025 0.025 0.050 Limit 59-137% rARRINGER LABORATORIES, INC. 15000 W. 6TH AVE.. SUITE 300 GOLDEN. CO 80401 (303 277-1687 FAX (303) 2�]-1fie9 15000 AVE., SUITE 300 GOLDEN, CO (303) FAX 277-1689 AquaTec Systems, Inc. QUALITY CONTROL REPORT Lab Id: Method Blank Date Sampled: NA Date Extracted: 17 -Apr -96 Date Analyzed: 18 -Apr -96 Analyte Alachlor Aldrin Atrazine Chlordane alpha -Chlordane gamma -Chlordane Dieldrin Endrin Heptachlor Heptachlor Epoxide Hexachlorobenzene Hexachlorocyclopentadiene Lindane Methoxychlor cis-Nonachlor trans-Nonachlor Simazine Toxaphene Aroclor 1016 Aroclor 1221 Aroclor 1232 Aroclor 1242 Aroclor 1248 Aroclor 1254 Aroclor 1260 Surrogate TCX DCB Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 505 Concentration ug/1 U U U U U U U U U U U U U U U U U U U U U U U U U CAS Number 5972-60-8 309-00-2 1912-24-9 57-74-9 5103-71-9 5103-74-2 60-57-1 72-20-8 76-44-8 1024-57-3 118-74-1 77-47-4 58-89-9 72-43-5 5103-73-1 39765-80-5 122-34-9 8001-35-2 12674-11-2 11104-28-2 11141-16-5 53469-21-9 12672-29-6 11097-69-1 11096-82-5 Recovery 114% 131% 6 -May -96 Page: Q-8 Job: 961727E Status: Final MDL 0.60 0.075 2.5 2.0 0.085 0.065 0.055 0.070 0.15 0.055 0.027 0.19 0.040 0.25 0.055 0.092 4.0 3.0 0.50 0.50 0.50 0.50 0.50 0.50 0.50 Limit 64-141% 59-131% �ARRINGER LABORATORIES, INC. 15000 W. 6TH AVE.,SUITE 300 GOLDEN, CO 80401 (303)277-1687 FAX (303) 2)]1689 15000 W. AVE., SUITE 300 GOLDEN, CO 80401 FAX 277-1689 AquaTec Systems, Inc. QUALITY CONTROL REPORT Lab Id: Method Blank Date Sampled: NA Date Extracted: 19 -Apr -96 Date Analyzed: 24 -Apr -96 Analyte Dalapon 3,5-Dichlorobenzoic Acid 4-Nitrophenol Dicamba Dichlorprop 2,4-D Pentachlorophenol 2,4,5 -TP (Silvex) Chloramben 2,4,5-T 2,4 -DB Dinoseb Bentazon Picloram DCPA Acifluorfen Surrogate DCAA Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 515.1 Concentration 4g/1 U U U U U U U U U U U U U U U U CAS Number 94-74-6 51-36-5 100-02-7 1918-00-9 120-36-5 94-75-7 87-86-5 93-72-1 133-90-4 93-76-5 94-82-6 88-85-7 25057-89-0 1918-02-1 1897-45-6 50594-66-6 Recovery 117% 6 -May -96 Page: Q-9 Job: 961727E Status: Final MDL 1.0 0.125 0.16 0.16 0.43 0.38 0.10 0.12 0.10 0.12 0.50 0.30 0.26 0.10 0.20 0.18 Limit 72-137% rARRINGER LABORATORIES, INC. 15000 W 6TH AVE.,SUITE 300 GOLDEN, CO80401 (303) 277-1687 FAX (303) ZI"/�t689 15000 W. AVE., SUITE 300 CO 80401 (303) FAX (303) 277-1689 AquaTec Systems, Inc. QUALITY CONTROL REPORT 6 -May -96 Page: Q-10 Job: 961727E Status: Final Lab Id: 1727 -MB Project: Enartech Date Sampled: NA Dilution Factor: 1:1 Date Extracted: 22 -Apr -96 Matrix: Water Date Analyzed: 3 -May -96 Method: 525.1 Concentration Analyte CAS Number gq/1 MDL Hexachlorocyclopentadiene 77-47-4 U 0.1 Dimethylphthalate 131-11-3 U 0.3 Acenaphthylene 208-96-8 U 0.1 2-Chlorobiphenyl 2051-60-7 U 0.1 Diethylphthalate 84-66-2 U 0.6 Fluorene 86-73-7 U 0.1 Propachlor 1918-16-7 U 0.2 Trifluralin 1582-09-8 U 0.2 2,3-Dichlorobiphenyl 16605-91-7 U 0.2 Hexachlorobenzene 118-74-1 U 0.2 Simazine 122-34-9 U 0.2 Atrazine 1912-24-9 U 0.3 Pentachlorophenol 87-86-5 U 3.0 Lindane 58-89-9 U 0.1 Phenanthrene 85-01-8 U 0.2 Anthracene 120-12-7 U 0.1 Metribuzin 21087-64-9 U 0.2 2,4,5-Trichlorobiphenyl 15862-07-4 U 0.1 Alachlor 5972-60-8 U 0.3 Heptachlor 76-44-8 U 0.2 Metolachlor 51218-45-2 U 0.2 Di-n-butylphthalate 84-74-2 2.8 1.0 2,2,4,4-Tetrachlorobiphenyl 2437-79-8 U 0.1 Aldrin 309-00-2 U 0.1 Heptachlor Epoxide 1024-57-3 U 0.3 2,2,3,4,6-Pentachlorobiphenyl 60233-25-2 U 0.1 gamma -Chlordane 5103-74-2 U 0.3 Butachlor 23814-66-9 U 0.2 alpha -Chlordane 5103-71-9 U 0.1 trans-Nonachlor 39765-80-5 U 0.1 Pyrene 129-00-0 U 0.1 2,2,4,4,5,6-Hexachlorobiphenyl 60145-22-4 U 0.1 Endrin 72-20-8 U 1.0 Butylbenzylphthalate 85-68-7 U 0.5 bis(2-ethylhexyl)adipate 103-23-1 U 0.5 Benzo(a)anthracene 56-55-3 U 0.2 Chrysene 218-01-9 U 0.3 2,2,3,3,4,4,6-Heptachlorobiphe 52663-71-5 U 0.1 Methoxychlor 72-43-5 U 0.3 2,2,3,3,4,5,6,6-Octachlorobiph 40186-71-8 U 0.1 bis(2-Ethylhexyl)phthalate 117-81-7 0.6J 0.8 �ARRING.ER LABORATORIES, INC. 15000 W. 6TH AVE.,SUITE 300 GOI�EN. CO 80401 (303)277-1687 FAX (303) 2])�tfiB9 15000 W. AVE., SUITE 300 GOLDEN, CO FAX 277-1689 AquaTec Systems, Inc. QUALITY CONTROL REPORT Lab Id: 1727 -MB Date Sampled: NA Date Extracted: 22 -Apr -96 Date Analyzed: 3 -May -96 Analyte Benzo(b)fluoranthene Benzo(k)luoranthene Benzo(a)nyrene Indeno(1,2,3-cd)pyrene Dibenzo (a, h) anthracene Benzo (g,'h, i) perylene Surrogate Perylene-d12 Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 525.1 Concentration ug/1 U U U U U U CAS Number 205-99-2 207-08-9 50-32-8 193-39-5 53-70-3 191-24-2 Recovery 1030 6 -May -96 Page: Q-11 Job: 961727E Status: Final MDL 0.3 0.3 0.1 0.1 0.1 0.1 Limit 65-120% �ARRINGER LABORATORIES, INC. 15000 W 6�H AVE.,SUITE 300 GOLDEN, CO 80401 (303)277-1687 FAX (303) 2l]-1689 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 FAX 277-1689 AquaTec Systems, Inc. QUALITY CONTROL REPORT Lab Id: Method Blank Date Sampled: NA Date Extracted: NA Date Analyzed: 17 -Apr -96 Analyte Aldicarb Sulfone Aldicarb Sulfoxide Oxamyl Methomyl 3-Hydroxycarbofuran Aldicarb Propoxur(Baygon) Carbofuran Carbaryl Methiocarb Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 531.1 Concentration uq/1 U U U U U U U U U U CAS Number 1646-87-4 1646-87-3 23135-22-0 16752-77-5 16655-82-6 116-06-3 114-26-1 1563-66-2 63-25-2 2032-65-7 6 -May -96 Page: Q-12 Job: 961727E Status: Final MDL 2.0 2.0 2.0 0.5 2.0 1.0 1.0 1.5 2.0 4.0 rBARRINGER LABORATORIES, INC 15 000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. QUALITY CONTROL REPORT Lab Id: Method Blank Date Sampled: NA Date Extracted: 23 -Apr -96 Date Analyzed: 23 -Apr -96 Analyte Endothall 6 -May -96 Page: Q-13 Job: 961727E Status: Final Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 548 Concentration CAS Number uq/1 MDL 145-73-3 U 20 f r---BARRINGER LABORATORIES, INC 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. QUALITY CONTROL REPORT Lab Id: Method Blank Date Sampled: NA Date Extracted: 23 -Apr -96 Date Analyzed: 23 -Apr -96 Analyte Diquat Paraquat Project: Enartech Dilution Factor: 1:1 Matrix: Water Method: 549.1 Concentration ug/1 U U CAS Number 85-00-7 1910-42-5 6 -May -96 Page: Q-14 Job: 961727E Status: Final MDL 5.0 5.0 BARRINGER LABORATORIES, INC 15000 W. 6TH AVE., SUITE 300 GOLDEN. CO 80401 (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. P.O. Box 488 Glenwood Springs, CO 81602 6 -May -96 Page: Q-15 Attn: Ralph Courter Received: 17 -Apr -96 10:00 Project: Enartech PO #: Job: 961727E Status: Final Abbreviations: Parameters: Ra -226 : Radium -226 Rn -222 : Radon -222 TTHM : Total Trihalomethanes Methods: M+P : 108-38-3 m -xylene, 106-42-3 p -xylene Units: mg/1 : milligrams per liter pCi/1 : picoCuries per liter µg/1 : micrograms per liter : percent Rec. : % Recovery Quality codes: A : Analytical Spike Used B : Present in blank J : Estimated value NA : Not Analyzed NR : Not requested T : Surrogate recovery outside reporting limit U : Undetected NC : Not Calculated rB15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 ARRINGER LABORATORIES, INC AquaTec Systems, Inc. P.O. Box 488 Glenwood Springs, CO 81602 Attn: Ralph Courter Project: Enartech Job: 961727E PO 44: 6 -May -96 Page: Q-16 Received: 17 -Apr -96 10:00 Status: Final Received by: rc QUALITY CONTROL DATA SHEET Via: UPS Sample Container Type: 41 pl, 500m1 pl, 11 amber, 40m1 vial Additional Lab Preparation: None Parameter Method Preservative Init Analysis Dates Sb As Ba Be Cd Cr Cu Pb Hg Ni Se Na Ti CN F SO4 NO3+NO2 Gross Alpha Gross Beta Ra -226 Rn -222 Volatile Organics Trihalomethanes EDB & DBCP Pesticides Herbicides Semi -Volatiles Carbamate Pesticides Endothall 204.2 206.2 200.7 200.7 200.7 200.7 200.7 239.2 245.1 200.7 270.2 200.7 279.2 335.4 340.2 300.0 353.2 900.0 900.0 SM -705 901.1 524.2 524.2 504 505 515.1 525.1 531.1 548 HNO3 HNO3 HNO3 HNO3 HNO3 HNO3 HNO3 HNO3 HNO3 HNO3 HNO3 HNO3 HNO3 4°C/NaOH 4°C 4°C 4°C/H2SO4 HNO3 HNO3 HNO3 None 4°C/Ascorbic/HC1 40C/Ascorbic 4°C/HCl/Na2S203 4°C/Na2S203 4°C/Na2S203 4°C/HC1/Na2S03 -10°C/MCAB/Na2S203 4°C AW AW JH JH RS RS JH AW AW JH AW JH AW RS AW SSM RS ME ME ME MS JG JG CC CC CC RH CC CC 05/08 04/29 04/24 04/24 05/06 05/06 04/24 04/25 04/22-04/25 04/25 04/25 04/24 05/07 04/24 04/24 04/29 04/26 04/22-04/25 04/22-04/25 04/26-04/30 04/17 04/18 04/17 04/18 04/18 04/25 05/03 04/18 04/24 rB-ARRINGER LABORATORIES, INC. 0 W. 8rH AVE.. SUITE 300 GOLDEN. CO B040t (303) TI1-168% FAX (303) 2!'/�1fi890 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 AquaTec Systems, Inc. P.O. Box 488 Glenwood Springs, CO 81602 6 -May -96 Page: Q-17 Attn: Ralph Courter Received: 17 -Apr -96 10:00 Project: Enartech PO #: Job: 961727E Status: Final Diquat 549.1 4°C/Na2S203/H2SO4 CC 04/23 Barringer Laboratories, Inc. will return or dispose of your samples 30 days from the date your final report is mailed, unless otherwise specified by contract. Barringer Laboratories, Inc. reserves the right to return samples prior to the 30 days if radioactive levels exceed our license. r- BARRINGER LABORATORIES, INC 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 Ralph Couzer AQUA TEC ENARTECH P.O. Box 488 Glenwood Springs, CO 81602 Attn: Project: Rapids PO #: Job: 961692E 18 -Apr -96 Received: 11 -Apr -96 10:35 Status: Final ANALYTICAL REPORT PACKAGE CASE NARRATIVE i ANALYTICAL RESULTS R-1 QUALITY CONTROL REPORT Q-1 BARRINGER LABORATORIES, INC 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 Ralph Couter AQUA TEC ENARTECH P.O. Box 488 Glenwood Springs, CO 81602 18 -Apr -96 Page: Attn: Received: 11 -Apr -96 10:35 Project: Rapids PO #: Job: 961692E Status: Final CASE NARRATIVE A total of 1 Water sample was received on 11 -Apr -96. As stated in the chain of custody, the sample was run for the following analysis: Rn -222. A table, to cross reference your sample ID to ours, is attached. Our procedures are summarized on the Quality Control Data Sheet. Quality control standards for organic and inorganic analyses followed the appropriate SW -846 or EPA methodology. Quality control standards for radiochemistry followed our standard operating procedures or contractual requirements. Signed: Signed: Radiochemistry Manager Project Retriew BARRINGER LABORATORIES, INC 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 Ralph Couter AQUA TEC ENARTECH P.O. Box 488 Glenwood Springs, CO 81602 Attn: Project: Rapids PO #: Job: 961692E Lab -ID Matrix Client Sample ID 18 -Apr -96 Page: Received: 11 -Apr -96 10:35 Status: Final Sampled 961692-1 Water Rapids Well #1 10 -Apr -96 rARRINGER LABORATORIES, INC. 15000 W. 6TH AVE.,SUITE 300 GOLDEN, CO80401 (303) 277-1687 FAX (303) 2'T/�1689 15000 6TH AVE., 300 GOLDEN, CO 80401 FAX (303) 277-1689 AQUA TEC ENARTECH 18 -Apr -96 Pane: R-1 Job: 961692E Status: Final Analyte: Rn -222 Project: Rapids Fraction: Total Date Analyzed: 12 -Apr -96 Method: 901.1 LLD: 150 Units: pCi/1 Date Lab Id Sampled Matrix Sample Id Concentration+ 20 LLD 961692-1 10 -Apr -96 Water Rapids Well #1 1280±170 150 rARRINGER LABORATORIES, INC f 15000 W. 6THAVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) ZI]�t689 15000 AVE., SUITE 300 GOLDEN, CO (303) FAX (303) 277-1689 AQUA TEC ENARTECH QUALITY CONTROL REPORT Sample Id Rn -222 Total pCi/1 + 2Q Duplicate 1280 ±170 Duplicate 1360 ±170 RER 0.22 Std (found value) 10300 +_200 Std (true value) 10300 Std 6 rec. 100 Blank 0 ±114 Spike o rec. NA 18 -Apr -96 Page: Q-1 Job: 961692E Status: Final BARRINGER LABORATORIES, INC 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 Ralph Couter AQUA TEC ENARTECH P.O. Box 488 Glenwood Springs, CO 81602 Attn: Project: Rapids PO #: Job: 961692E Abbreviations: Parameters: Rn -222 Units: pCi/1 18 -Apr -96 Page: Q-2 Received: 11 -Apr -96 10:35 Status: Final : Radon -222 : picoCuries per liter Quality codes: NA : Not Analyzed BARRINGER LABORATORIES, INC 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 Ralph Couter AQUA TEC ENARTECH P.O. Box 488 Glenwood Springs, CO 81602 Attn: Project: Rapids PO #: Job: 961692E 18 -Apr -96 Page: Q-3 Received: 11 -Apr -96 10:35 Status: Final QUALITY CONTROL DATA SHEET Received by: rc Via: UPS Sample Container Type: 500m1 amber Additional Lab Preparation: None Parameter Analysis Method Preservative Init Dates Rn -222 901.1 4°C BS 04/12 Barringer Laboratories, Inc. will return or dispose of your samples 30 days from the date your final report is mailed, unless otherwise specified by contract. Barringer Laboratories, Inc. reserves the right to return samples prior to the 30 days if radioactive levels exceed our license. 1` SUBDIVISION IMPROVEMENTS AGREEMENT THIS Agreement is made and entered into this day of 1997, between THE RAPIDS ON THE COLORADO RIVER, LLC, a Colorado limited liability company, ("Owner"), and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ("County"). WITNESSETH: WHEREAS, Owner is the owner of certain real property located in Garfield County, Colorado, more particularly described in the final plat for Rapids on the Colorado Subdivision ("Subdivision") which is filed on even date hereof and the description of which is set forth in Exhibit A attached hereto and made a part hereof and WHEREAS, as a condition of approval of the Final Plat of the Subdivision ("Plat"), Owner wishes to enter into this Subdivision Improvements Agreement ("Agreement") with the County; and WHEREAS, the County has required and Owner has agreed to provide security or collateral sufficient in the judgment of the County to make reasonable provision for completion of certain public improvements required to be installed in the Subdivision as set forth in Resolution No. 96-70 recorded in the office of the Clerk and Recorder of Garfield County, Colorado as Reception No. 499822 in Book 996 at Page 665 and WHEREAS, Owner has agreed to execute and deliver a letter of credit and/or other security instrument(s) deemed acceptable by the County to the County to secure and guarantee its performance of this Agreement and has agreed to certain restrictions regarding the issuance of building permits and certificates of occupancy within the Subdivision, all as are hereinafter more fully set forth below; NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES AND THE FOLLOWING MUTUAL COVENANTS AND AGREEMENTS, THE PARTIES HEREBY AGREE AS FOLLOWS: I. OWNER'S PERFORMANCE. A. Owner has constructed and installed or will cause to be constructed and installed, at its sole expense, those improvements related to the Subdivision which are required to be constructed by Resolution No. 96-70, this Agreement, the Floodplain Special Use Permit conditionally approved by the County on October 7, 1996, the Final Plat and all County Zoning and Subdivision Subdivision Improvements Agreement The Rapids on the Colorado River, LLC Page 1 Regulations. The improvements set forth therein will be completed in compliance with the following: 1. all plat documents submitted prior to or at the time of the Final Plat approval, including, all of the following denominated subdivision improvement drawings filed by Owner with Garfield County Department of Building and Planning coincident with its application for Final Plat approval , to wit: A. The Rapids on the Colorado Road Plan. B. The Rapids on the Colorado Road Profiles C. The Rapids on the Colorado Site Grading Plan D. The Rapids on the Colorado CR 335 Turn Lanes E. The Rapids on the Colorado CR 335 Cross -Sections (2 of 2) F. The Rapids on the Colorado Open Space Improvements G. The Rapids on the Colorado Utility Plan H. The Rapids on the Colorado Water Supply and Treatment I. The Rapids on the Colorado Utility Details J. The Rapids on the Colorado Water Storage Tank K The Rapids on the Colorado Tank Access Road 2. all requirements of Resolution Nos. 96-70 including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations as they relate to the Subdivision. 3. all laws of the United States, the State of Colorado, the County of Garfield and its various agencies and affected special districts. 4. all terms and/or conditions and/or requirements contained within such other designs, maps, specifications, sketches, and/or other materials submitted to and approved by any of the above -stated governmental entities. B. All improvements required herein shall be constructed by Owner within one (1) year of the execution of this Agreement unless within said time period, Owner obtains from the County an extension of time to complete the improvements, which extension, upon a showing by Owner of a reasonable need therefor, will not be withheld by the County. The one year limitation period set forth in this paragraph shall not apply to the revegetation required pursuant to Paragraph 5 of Resolution No. 96-70. C. In the event construction of the improvements required herein is not commenced within twelve (12) months of Final Plat Approval by the County, the County may require that the Subdivision Improvements Agreement The Rapids on the Colorado River, LLC Page 2 construction cost estimates for the improvements set forth and certified in Exhibit B hereto, be updated by Owner and, if required, that additional security for the completion of the same be provided by Owner. D. The County agrees that if all improvements are installed in accordance with this agreement, the Final Plat documents, and the requirements of the Preliminary Plan, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning, Subdivision, Resolutions and Regulations of Garfield County, Colorado. II. COST OF IMPROVEMENTS It is understood for purposes of this Agreement that the cost of all public improvements have been to date and will hereafter be at the sole cost and expense of Owner. III. SECURITY FOR IMPROVEMENTS A. On or before the date of the recording of the Final Plat with the Garfield County Clerk and Recorder, the Owner shall deliver a Letter of Credit and/or other security instruments) deemed acceptable by the County to the County, in the amount of the improvements for the subdivision which have not yet been completed. Those improvements, together with the costs thereto as certified by a licensed professional engineer, are attached hereto as Exhibit B and incorporated herein by this reference. If utilized, the Letter of Credit above referenced, shall be issued by a state or national banking institution, licensed to do business in the State of Colorado, in a form acceptable to the County. B. The Letter of Credit or other security instrument(s) set forth herein must be valid for a minimum of six months beyond the completion date for the improvements and shall include security sufficient to provide for the revegetation of the landscaping as required by the Preliminary Plan, Paragraph 5 of Resolution No. 96-70. Any extension of the time periods within which improvements must be completed shall cause the line of credit or other security required herein to be extended for an equal amount of time. C. Upon completion of construction of public improvements, a certification of completion of public improvements shall be submitted to the County by a licensed or registered engineer. Such certification shall certify that the improvements listed therein have been constructed in accordance with the requirements of this Agreement, including all Final Plats and plans, and shall be stamped by said professional engineer. Upon completion of construction, as -built certified drawings for the water tank and transmission lines, and legal descriptions for the same as in place, shall be filed by Owner with the Department of Building and Planning for Garfield County. In lieu of said filing, Owner may upon completion of construction, survey and plat the water tank and Subdivision Improvements Agreement The Rapids on the Colorado River, LLC Page 3 transmission lines and file the plat for public record in the Office of the Clerk and Recorder, Garfield County, Colorado. D. If the County determines that the improvements are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days from the date the County receives certification from the Owner that the improvements listed therein have been completed. If no letter of potential deficiency is furnished within said fifteen (15) day period, all improvements listed within the certification shall be deemed accepted by the County and the County shall release, pro rata, that portion of the Letter of Credit or other security securing the improvements so accepted. If a letter of potential deficiencies is furnished by the County, the County shall have thirty (30) days to complete its investigation and provide written confirmation of the deficiencies to the Owner. If, upon further investigation, the County finds that the improvements listed in the certification are acceptable, then the applicable security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment from the Letter of Credit or other security. The County may, at its sole option, permit the Owner to substitute other collateral acceptable to the County for the collateral originally given by the Owner to secure the completion of the improvements as provided herein. E. No Final Plat shall be recorded pursuant to this Agreement until the Letter of Credit, in a form acceptable to the County, or such other security instrument deemed acceptable to the County, is received and approved by the County and/or until certificates of completion for all public improvements have, as set forth above, been accepted by the County. IV. WATER SYSTEM TRANSFER TO HOMEOWNER'S ASSOCIATION A. At the time of acceptance by the County of the Owner's certification of completion of improvements for the domestic water supply system serving the Subdivision ("Water System"), the Owner shall pursuant to bill of sale, convey to The Rapids on the Colorado Homeowners Association ("Association") the Water System improvements, well permits and all other structures appurtenant thereto. B. Coincident with the conveyance of the domestic water supply system improvements above described, Owner shall transfer by deed or dedication to the Association, for the purpose of operating and maintaining said improvements, the following described easements: 1. a width of twenty (20) feet centered upon the length of all water lines, as constructed.. Subdivision Improvements Agreement The Rapids on the Colorado River, LLC Page 4 2. a width of thirty (30) feet centered upon the length of the water tank access roadway, as constructed. 3. a radial width of forty (40) feet centered upon the water tank, as constructed. C. At the time of acceptance by the County of the Owner's certification of completion of said domestic water supply system improvements, Owner shall convey to the Association an undivided 19.7% ownership interest in and to the following described water rights: Structure Sour e Amt. Approp. Priority Court (CFS) Date No. Case Moore Ditch Garfield Creek .20 6/15/1882 3 89 Moore Ditch Garfield Creek 1.287 6/01/1883 14 1405 (1st Enlarge.) Said undivided ownership interest represents 32.52 acre feet of consumptive use under the augmentation plan decreed in Case No. W3262 D. The County shall have the right, in the event of Owner's failure thereto, to seek and obtain specifice performance of the transfers set forth in paragraphs A, B and C of Section IV. above. This right shall be in addition to the remedies provided the County pursuant to Section VII. herein. E. At the time of acceptance by the County of the Owner's certification of completion of said domestic water supply system improvements, Owner shall cause to be executed by Gene R. Hilton, individually and the Association , a service agreement in a form acceptable to the County, which shall govern the parties respective rights, obligations and duties instant to the Water System. A copy of this service agreement shall be filed in the public records of the Office of the Clerk and Recorder of Garfield County, Colorado. V. INDEMNITY. A. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this agreement; provided, however, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County on Owner are improper or the cause of the injury asserted. Subdivision Improvements Agreement The Rapids on the Colorado River, LLC Page 5 2. a width of thirty (30) feet centered upon the length of the water tank access roadway, as constructed. 3. a radial width of forty (40) feet centered upon the water tank, as constructed. C. At the time of acceptance by the County of the Owner's certification of completion of said domestic water supply system improvements, Owner shall convey to the Association an undivided 19.7% ownership interest in and to the following described water rights: Structure Source Amt. Approp, Priority Court (CFS) Date NQ Case Moore Ditch Garfield Creek .20 6/15/1882 3 89 Moore Ditch Garfield Creek 1.287 6/01/1883 14 1405 (1st Enlarge.) Said undivided ownership interest represents 32.52 acre feet of consumptive use under the augmentation plan decreed in Case No. W3262 D. The County shall have the right, in the even1of Owner's failure thereto, to seek and obtain specifice performance of the transfers set forth in paragraphs A, B and C of Section IV. above. This right shall be in addition to the remedies provided the County pursuant to Section VII. herein. E. At the time of acceptance by the County of the Owner's certification of completion of said domestic water supply system improvements, Owner shall cause to be executed by Gene R. Hilton, individually and the Association , a service agreement in a form acceptable to the County, which shall govem the parties respective rights, obligations and duties instant to the Water System. A copy of this service agreement shall be filed in the public records of the Office of the Clerk and Recorder of Garfield County, Colorado. V. INDEMNITY. A. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this agreement; provided, however, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County on Owner are improper or the cause of the injury asserted. Subdivision Improvements Agreement The Rapids on the Colorado River, LLC Page 5 B. The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to sue and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the County's rights under this paragraph. Nothing herein stated shall be interpreted to require the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. VI. SALE OF LOTS. No lot within the proposed subdivision that is the subject of this agreement shall be conveyed prior to recording of the Final Plat. VII. APPROVAL OF FINAL PLAT The County agrees to approval of the final plat subject to the terms and conditions of this Agreement and Resolution No. 96-70. VIII. ENFORCEMENT. A. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County and/or any purchaser of a lot within the subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this agreement. In the event no action is commenced before issuance of the final certificate of completion of improvements and acceptance thereof by the County, any Purchaser's rights to commence an action shall thereafter be extinguished. B. As a remedy for breach of this agreement, the County may withhold issuance of building permits for any structure within the subdivision. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the subdivision until the following subdivisions improvements have been completed and, as provided herein, accepted by the County: 1. the Water System 2. all electrical utilities furnishing electrical power to the Subdivision 3. roadways - to the level of gravel subgrade in place Subdivision Improvements Agreement The Rapids on the Colorado River, LLC Page 6 Finally, the Owner herein agrees that prior to the conveyance of any lotwithin this subdivision, it will provide to the purchaser of that lot a signed copy of Exhibit C attached hereto, notifying the owner of the foregoing restrictions upon issuance of building permits and certificates of occupancy. IX. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this agreement, including the terms of the Preliminary Plan, the County shall have the ability to vacate the plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued, shall not be vacated and the plat as to those lots shall remain valid. The Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. X. BINDING EFFECT This agreement shall be a covenant running with the title to each lot within the subdivision and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. XI. RECORDING. Upon execution, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. XII. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. XIII. ROADS Roads within the subdivision shall be dedicated as public right of ways and accepted on behalf of the public by the County. The approval and acceptance of the roads within the subdivision by the County shall not obligate the County to maintain such roads. The Homeowners' Association shall bear the sole responsibility for the maintenance, upkeep, repair, restoration, snow removal and reconstruction of all roads within the subdivision. Subdivision Improvements Agreement The Rapids on the Colorado River, LLC Page 7 Applicants for building permits within the Subdivision shall be credited against all future road impact fees, if any, that may be assessed by the County against the lots within the Subdivision, for the costs incurred by Owner in completion of the improvements to County Road 335 required herein in the amount of $3582.00 per lot. XIV. NOTICE. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, Co 81601 The Rapids on the Colorado, LLC. c/o Gene Hilton 2102 W. Arapahoe Dr Littleton CO 80120 With copy to: Scott Balcomb, Esq. Timothy A. Thulson, Esq. Delaney & Balcomb, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 ENTERED INTO the day and year first above written. RAPIDS ON THE COLORADO RIVER, LLC By Gene R. Hilton, Manager BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Subdivision Improvements Agreement The Rapids on the Colorado River, LLC Page 8 ATTEST: By Chairman Clerk to the Board Subdivision Improvements Agreement The Rapids on the Colorado River, LLC Page 9 A tract of fond situated in the SW1/4 of Section 4 and the SE1/4 of Section 5, Township 6 South, Range 91 West of the 6th P.M described as follows: inning at the Southwest Corner of said Section 4; thence N 0' 50' W 434110 feet along the West line of said Section 4 and olong the Easterly pine of that parcel of fond described In Book 570 of Pbge 266 in the Office of the Garfield County Clerk and Recorder, thence N 75' 43' 18' W 101.89 feet; thence N 17' 08' 41' W 115.59 feet thence N 5.3* 47' 08' W 177.75 fest to the center of the Colorado River thence along the center of said river N 2.3' 43' 15' E 339.10 feet thence N 23' 43' 20' E 31a00 feet thence N 35' 08' 15' E 419.25 feet; thence N 42' 36' 13` E 499.67 feet thence N 65' 01' 47' f 404.40 feet thence N 71' 35' 12' E 50150 feet thence N 84' 15' 20" E 284.99 feet; thence S 8r 33' 38' E 244.41 feet; thence S 58' 02' 47' E 266.82 feet thence S 68' 42' 11' E 480.81 feet to the west line of the Brannon Subdm►sion Exemption No. 1; thence along said west kine and dephg the canter of sold Colorado River S 0' 50' 54' E 520.60 feet to the Northeast Comer of that porde/ described ion Book 527 at Page 743 as Reception No. 293881; thence along the bounnbry of sold parcel S 78' 22' 10' W 328.61 feet; thence S 8' d0' 15' E 370.92 feet to o point on the Northerly Right -Of -Way of County Road No. 115; thence o/ong sold Right-Of-Woy S 79' 02' 15' W 272.84 feet thence S 71' 43' 27' W 273.76 feet; thence S 68' 13' 04" W 264.74 feet; thence S 64' 01' 23' W 296.11 feet; thence deporting sold Right -Of -Way S 0' 14' 42' E 65178 feet to o point on the South ine of said Section 4; thence S 89' 20' 08' W 1308.98 feet; to the PONVT OP BEGIVN/MG; said described troct containing 97.214 acres, more or less. THE RAPIDS ON THE COLORADO SUBDIVISJON IMPROVEMENTS CONSTRUCTION COST ESTIMATE ENARTECH, INC. MAY 23, 1997 ITEM/DESCRIPTION GENERAL SUBDIVISION IMPROVEMENTS EARTHWORK, GRADING 7" ON-SITE PIT RUN GRAVEL PIT RUN FOR UNSTABLE SOILS 3" GRAVEL ROAD BASE 2" ASPHALT PAVEMENT 18" CULVERT PIPE STREET SIGNS POND LINER (BENTONITE) GRAVEL TRAILS LANDSCAPING REVEGETATION COUNTY ROAD 335 TURN LANES EARTHWORK 14" ON-SITE PIT RUN GRAVEL PIT RUN FOR UNSTABLE SOILS 6" GRAVEL ROAD BASE 2" ASPHALT PAVEMENT ASPHALT OVERLAY LEVELING 12" CULVERT PIPE 15" CULVERT PIPE 18" CULVERT PIPE IRRIGATION DITCH RELOCATION TRAFFIC CONTROL STRIPING AND SIGNS REVEGETATION RIGHT-OF-WAY FENCE ESTIMATED UNIT QUANTITY UNIT COST 19000 CU YD 52.50 7100 TONS 55.00 500 TONS 58.00 2800 TONS 513.00 1120 TONS 548.00 280 FEET 528.00 6 EACH 5200.00 60 TONS 5130.00 1200 FEET S1.50 LUMP SUM 58,000 LUMP SUM 53,000 SUB -TOTAL: 7400 CU YD 53.50 2940 TONS 55.00 500 TONS 58.00 1210 TONS 513.00 680 TONS 548.00 150 TONS 548.00 75 FEET 525.00 20 FEET 528.00 30 FEET 532.00 530 FEET 58.00 LUMP SUM 5900 LUMP SUM 51,500 LUMP SUM 53,000 2500 FEET 52.00 SUB -TOTAL: Exhibit B (1 of 2) TOTAL COST 547,500 535,500 54,000 536,400 553,760 57,840 51,200 57,800 51,800 58,000 53,000 5206,800 525,900 514,700 54,000 515,730 532,640 57,200 51,875 5560 5960 54,240 5900 51,500 53,000 55,000 5118,205 4000m0n"r'''% REGAn!.,,; THE RAPIDS ON THE COLORADO SUBDIVISION IMPROVEMENTS CONSTRUCTION COST ESTIMATE ENARTECH, INC. MAY 23, 1997 ITEM/DESCRIPTION WATER SYSTEM IMPROVEMENTS 6" WATER MAIN 8" WATER MAIN 2" WATER LINE IN COMMON TRENCH 4" WATER LINE IN COMMON TRENCH 6" GATE VALVES FIRE HYDRANT ASSEMBLY 1 "x 20' WATER SERVICE LINES 1"x 54' WATER SERVICE LINES 1"x 130' WATER SERVICE LINES 3/4" YARD HYDRANTS WELL PUMPS AND CONTROLS WATER TREATMENT SYSTEM 150,000 GALLON WATER TANK TANK SITE WORK & ACCESS RD TANK PIPING, VALVES, ETC. , MISCELLANEOUS UTILITIES ELECTRIC SERVICE TELEPHONE W/PEDESTALS PHONE/ELECTRIC TRENCH ELECTRIC VAULT EXCAVATION I ESTIMATED UNIT QUANTITY UNIT COST 5360 1220 440 2300 3 9 23 9 3 4 LUMP LUMP LUMP LUMP LUMP FEET FEET FEET FEET EACH EACH EACH EACH EACH EACH SUM SUM SUM SUM SUM 317.00 320.00 34.00 $6.00 3400 S2,500 3700 31,000 31,400 3300 320,000 510,000 $65,000 $25,000 $6,000 SUB -TOTAL: LUMP SUM $60,700 LUMP SUM S3,124 6000 FEET 54.50 16 EACH $400 SUB -TOTAL: TOTAL SUBDIVISION IMPROVEMENTS: Exhibit B (2 of 2) TOTAL COST $91,120 $24,400 $1,760 $13,800 $1,200 $22,500 $16,100 $9,000 $4,200 $1,200 $20,000 $10,000 $65,000 $25,000 $6,000 S311,280 $60,700 $3,124 327,000 $6.400 S97,224 S733,509 NOTICE REGARDING BUILDING PERMITS TO: All purchasers of Homesites within Rapids on the Colorado Subdivision YOU ARE HEREBY NOTIFIED that under applicable Garfield County regulation you may not commence construction of a residence within unincorporated Garfield County, including the Rapids on the Colorado Subdivision, prior to issuance of a building permit by Garfield County. Additionally, Garfield County shall issue no Certificate of Occupancy for structures within the Rapids on the Colorado Subdivision until the following subdivision improvements have been completed and are operational in accordance with the Subdivision Improvements Agreement: 1. the Water System 2. all electrical utilities furnishing electrical power to the Subdivision 3. roadways - to the level of gravel subgrade in place Rapids on the Colorado River LLC, A Colorado Limited Liability Company By Gene R. Hilton Manager The foregoing Notice was read an understood by the undersigned Purchaser of a Homesite within Rapids on the Colorado Subdivision this day of . 1997 EXHIBIT C MEMORANDUM OF AGREEMENT (Service Agreement) Parties The parties to this Agreement are The Rapids on the Colorado Homeowners Association, Inc., a Colorado Nonprofit Corporation (hereinafter "Association") and Gene R. Hilton (Hereinafter "Hilton"). Recitals WHEREAS, the Association is a homeowners association formed pursuant to the Colorado Common Interest Ownership Act Colo. Rev. Stat. §§ 38-33.3-101-319 (West Supp 1995) and is comprised solely of lot owners within the Rapids on the Colorado Subdivision (Hereinafter "Subdivision"), a subdivision located in Garfield County, Colorado and more particularly described on the plat filed for public record in the office of the Clerk and Recorder of Garfield County, Colorado as Reception No. WHEREAS, the Rapids on the Colorado River, LLC, a Colorado limited liability company, (Hereinafter "Rapids LLC") is the owner and developer of the property encompassing the Subdivision. WHEREAS, Hilton is the manager of the Rapids LLC and owns the water storage tank, water lines, and water treatment and other facilities (Hereinafter together "Water System") located upon that real property more particularly described on Exhibit A attached herewith and incorporated herein by this reference, which Water System will provide, in connection with the exercise of the following water rights, (Hereinafter "Water Rights") the domestic water supply to the lots within the Subdivision, to wit: Structure Source Amt. Approp. Date Priority No. Court (CFS) Case Moore Ditch Garfield Creek .20 6/15/1882 3 89 Moore Ditch Garfield Creek 1.287 6/01/1883 14 1405 (1st Enlarge.) Said water rights represent 165 acre feet of consumptive use under the augmentation plan decreed in Case No. W3262 WHEREA S, the Water Rights, in amount, and the Water System, in capacity, exceed that required to the supply the Subdivision with an uninterrupted year-round supply of domestic water. WHEREAS, Garfield County has required as a condition to subdivision approval that ownership interests in and to the Water Rights and Water System, sufficient to provide the Subdivision with an uninterupted year-round domestic water supply, be conveyed by the Rapids LLC to the Association. This requirement has been incorporated and made a part of the Subdivision Improvements Agreement (Hereinafter "SIA") executed by the Rapids LLC and Garfield County on the day of , 1997 and filed for public record in the Office of the Clerk and Recorder of Garfield County, Colorado as Reception No. WHEREAS, Hilton has agreed to convey to the Rapids LLC ownership interests in and to the Water Rights and Water System, respectively, in amount and proportion sufficient to allow the Rapids LLC to meet its obligation under the Subdivision Improvements Agreement above described. WHEREAS, the parties have agreed that all amounts of the Water Rights and all capacity of the Water System not conveyed by Hilton shall be retained by him and that Hilton shall have the Memorandum of Agreement Page 1 right to utilize the same to divert, carry and/or otherwise apply the above described portion of water rights reserved by Hilton to beneficial use. WHEREAS, the parties have agreed that the respective rights, duties and responsibilities of the parties in and to the Water Rights and Water System shall be governed by the terms and conditions set forth herein. Agreement WHEREFOR, in consideration of the mutual covenants contained herein and other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Hilton shall, pursuant to quit claim deed, convey to the Rapids LLC a 19.7% undivided ownership interest in and to the Water Rights. 2. Hilton shall convey to the Rapids LLC, by dedication or deed easements of the following description for the purpose of operating and maintaining the Water System: a. a width of twenty (20) feet centered upon all water lines and pipes appurtenant to the Water System above described. b. a width of thirty (30) feet centered upon the length of the water storage tank access road appurtenant to the Water System above described. c. a radial width of forty (40) feet centered upon the water storage tank appurtenant to the Water System above described 3. Upon providing written notification to the Association, Hilton shall be allowed to connect to the Water System and, to the extent of his retained ownership interest therein, utilize the Water System to divert, store, deliver and otherwise apply the water rights owned by him to beneficial use. 4. The Association shall allow Hilton access to the property depicted and described in Exhibit B attached herewith and incorporated herein for the purpose of the construction, operaton, maintenance, repair and replacement of wells, water lines, and/or other facilities necessary to the diversion, delivery and application to beneficial use of the water rights owned by Hilton. 5. In the event it should become necessary for Hilton to drill and construct additional wells upon any portion of the property identified in Paragraph 4 above, the Association shall waive its right to object to the placement of said wells within (600) feet of any well owned by the Association. 6. Prior to the time at which Hilton exercises the rights conferred to him under Paragraph 3 above, which shall be defined herein as the time at which Hilton first utilizes the Water System to apply that portion of the Water Rights reserved by him to beneficial use, the Association shall be responsible for the operation and maintenance of the Water System and the payment of all costs and expenses incurred thereto. 7. Subsequent to the time at which Hilton exercises the rights conferred to him under Paragraph 4, as the same is defined in paragraph 6 above, the parties shall be responsible, in accordance with their proportionate ownership interest therein, for all costs/expenses incurred incident to the operation and maintenance of Water System. 8. This Memorandum of Agreement is intended to inure to the benefit of and shall be binding upon, the parties hereto, their successors and assigns of all kinds. Memorandum of Agreement Page 2 9. This Agreement contains the entire agreement between the parties and supersedes all prior understandings, agreements, negotiations and representations written and oral not contained herein. 10. In the event of any action for breach of, to enforce the provisions of, or otherwise involving this contract the court in such action shall award a reasonable sum as attorney fees to the prevailing party. 11. Upon execution hereof, a copy of this memorandum of agreement shall be filed for public record in the Office of The Clerk and Recorder of Garfield County, Colorado IN WITNESS WHEREOF the parties have signed this Memorandum of Agreement on the day and year set forth herein. By Gene R. Hilton Date STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing was acknowledged before me this day of , 1997, by GENE R. HILTON. WITNESS my hand and official seal. My commission expires: Address: The Rapids on the Colorado Homeowners Assoc., Inc. By Gene R. Hilton, President Date STATE OF COLORADO ) ss. COUNTY OF GARFIELD NOTARY PUBLIC The foregoing was acknowledged before me this day of GENE R. HILTON, President of the Rapids on the Colorado Homeowners Associaion, Inc. , 1997, by WITNESS my hand and official seal. NOTARY PUBLIC My commission expires: Address: Memorandum of Agreement Page 3 LEGAL DESCRIPTION HILTON WATER LINE A waterline easement in Section 4, Township 6 South, Range 91 West of the 6th P.M. being 20 feet in width and lying 10 feet on each side of the following described centerline: Beginning at a point on the southerly right-of-way of County Road No. 335 whence the South 1/4 Corner of said. Section 4 bears S 22° 50' 57" E, 999.09 feet; thence N 10° 57' 45" W, 70.00 feet to a point 10 feet north of the northerly right-of-way of said county road; thence along a line parallel to and 10 feet north of said right-of-way (also being the southerly boundary of the Rapids on the Colorado Subdivision S 79° 02' 15" W, 143.74 feet; thence S 71° 43' 27" W, 274.70 feet; thence S 68° 13' 04" W, 265.41 feet; thence S 64° 01' 23" W, 457.89 feet to a point in the right-of-way of Paddlewheel Lane in The Rapids on the Colorado Subdivision; thence along said right-of-way N 25° 58' 37" W, 190.00 feet; thence S 64° 01' 23" W along a line 10 feet northerly of and parallel to the north line of Lot 31 in said subdivision, 498.00 feet to the POINT OF ENDING. Exhibit B 29 2.03 AC 27 2.90 AC 3.93 AC z 9.02`x -moo 4C UTILITY EASEMENT 60 F ROAD R . T -OF -WAY CATED TO GAR D COUNTY BOOK PAGE 1C r PUBLIC SERVICE EASEMENT BOOK 382 PAGE 1/ DECLARATION OF PROTECTIVE COVENANTS FOR THE RAPIDS ON THE COLORADO SUBDIVISION LOCATED IN GARFIELD COUNTY, COLORADO KNOW ALL MEN BY THESE PRESENTS that THE RAPIDS ON THE COLORADO RIVER, LLC, being the owner of The Rapids on the Colorado Subdivision located in Garfield County, Colorado. and being desirous of protecting property values and the health. convenience, welfare, and use of the owners of lots therein, does hereby declare and adopt the following Restrictions, Covenants, and Conditions, each and all of which shall be applicable to and run with the lots in The Rapids on the Colorado Subdivision as the same appear upon plat thereof filed for record on day of , 1997, as Document No. in the office of the Garfield County Clerk and Recorder, said Restrictions, Covenants and Conditions being as follows: 1. Definitions. As used in these Protective Covenants, the following words, terms, and letter designations shall have the following meanings: 1.1 "ACC" shall mean the Architectural Control Committee for the Subdivision and shall consist of the three (3) members designated by the Declarant to perform the duties of the ACC. Subsequent to the sale by Declarant of all lots that are within the Subdivision, or such earlier time as is determined by Declarant, the ACC shall consist of the members of three (3) members of the Board or such other three (3) persons as may be designated by the Board. 1.2 "Act" shall mean the Colorado Common Interest Ownership Act, Colo. Rev. Stat. §§ 38-33.3-101-319 (West Supp. 1996). All other terms as used herein shall be defined consistent with the meanings defined under the Act. 1.3 "Association" shall mean The Rapids on the Colorado River Homeowners Association, a Colorado nonprofit corporation. 1.4 "Board" shall mean the board of directors of the Association. 1.5 "Common Elements" shall mean any real estate within the planned community owned or leased by the Association, other than a unit. The initial Common Elements shall be those areas designated on the Plat as "Common Open Space" and "Common Open Space (Equine Area)". 1.6 "Declarant" shall mean The Rapids on the Colorado River, LLC. its successors and assigns. Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 1 of 21 1.7 "Lot" shall mean a lot in the Subdivision. 1.8 "Owner" shall mean the owner of a Lot in the Subdivision.. 1.9 "Plat" shall mean the Final Plat of the Subdivision filed for public record in the Office of the Clerk and Recorder of Garfield County, Colorado as Reception No. 1.10 "Property" shall mean the real estate encompassing the Subdivision more particularly described in Exhibit A attached hereto and by this reference incorporated herein. 1.11 "Residence", "Unit" or "Dwelling" shall mean a single family structure on a Lot within the Subdivision.. 1.12 "Residential Purpose" shall mean the use of a residence as a home and principal dwelling place by the owner thereof. Rental of said unit shall be permissible only if rented to a single family 1.13 "Single Family" shall mean one or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons not exceeding two (2), living and cooking together as a single housekeeping unit though, not related by blood, adoption. or marriage shall be deemed to constitute a family. 1.14 "Subdivision" shall mean The Rapids on the Colorado Subdivision, a planned community located in Garfield County, Colorado set forth and more particularly described on the Plat. 2. The Rapids on the Colorado Homeowners Association. 2.1 Each Owner shall automatically become a member of the Association. 2.2 The purposes and powers of the Association are as set forth in its Articles of Incorporation, Bylaws and the Act and include, but are not necessarily limited to, the management, control and maintenance of: 2.2.1 the domestic water distribution system; 2.2.2 roadways dedicated to the public; and 2.2.3 all common areas. Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 2 421 2.3 The Association may assign its future income, including its rights to receive common expense assessments, upon an affirmative vote of a majority of Lot Owners at a meeting called for such purpose. 2.4 During the period of Declarant control, as described in paragraph 34 infra, the Declarant shall have the right, pursuant to Section 38-33.3-303(5) of the Act, to appoint and remove officers and members of the Board of Directors of the Association. In the event the Declarant surrenders such right, it may require, by separate recorded instrument, that certain Association actions shall nonetheless require Declarant approval to become effective. 2.5 The Association shall have one (1) class of membership. Each Lot Owner, as a member of the Association, shall be entitled to cast one (1) vote for each lot owned by such Owner, on all matters coming before the Association for a vote. In the event there are multiple Owners of a Lot, the following provisions shall govern: 2.5.1 If only one of the multiple Owners of a Lot is present at a meeting of the association, such Owner is entitled to cast all the votes allocated to that unit. 2.5.2 If more than one of the multiple Owners are present, the votes allocated to that Lot may be cast only in accordance with the agreement of a majority in interest of the Owners. If a majority agreement on the matter before the Association is not reached by the multiple Owners, said shall be deemed to have abstained from voting on said matter. 2.5.3 A majority agreement of owners shall be deemed to exist if any one of the multiple owners casts the vote allocated to that Lot without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit. 3. Single Family Residential Use Only. Except as provided in Paragraph 4 below, all Residences shall be occupied and/or otherwise used for single family purposes only. 4. Home Office. A home office may be maintained within each residence. The maintenance of said home office shall be subject to the following limitations and restrictions. 4.1 Persons not residing within the residence shall not be allowed to occupy and/or otherwise utilize the home office. 4.2 All activities conducted within the home office shall not be perceptible from outside the residence nor shall the same be advertised by bill board, sign or other method perceptible within the Subdivision Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 3 of 21 4.3 No activity conducted within the home office shall cause or otherwise result in increased vehicular or pedestrian travel through the subdivision. 5. Limitations on Structures - Single -Family Residential Use Only. All Lots within the subdivision shall be subject to the following restrictions. 5.1 No more than one (1) detached single-family dwelling and one (1) attached or detached garage for not more than four (4) automobiles shall be erected upon any Lot. 5.2 No building or structure intended for or adapted to business, commercial or manufacturing purposes, nor any multiple -family dwellings, shall be erected, placed, maintained or permitted upon any Lot. 5.3 All structures shall be sited on each Lot by the ACC and no structure on any Lot shall be constructed closer than twenty-five (25) feet to any side or rear Lot line or closer than fifty (50) feet from any front Lot line. Any buildings constructed on Lots 1 through 20 must be constructed within the building envelopes shown on the Final Plat. 5.4 No structure shall be placed or located on any Lot in such a manner that will obstruct, divert or otherwise alter the natural water drainage courses and patterns, including drainage of irrigation water. Likewise, no landscaping, driveways or changes to the existing terrain shall be made which shall obstruct, divert or otherwise alter such drainage. 5.5 The minimum size of each primary residential structure erected shall be not less than fifteen hundred (1500) square feet of finished living space, exclusive of basements, open porches, garages and carports. 5.6 No structure shall be permitted on any Lot which exceeds twenty-five (25) feet in height from the highest natural finished grade line immediately adjoining the foundation or structure. 5.7 No building shall be erected by means of other than new construction, it being the purpose of this covenant to ensure that old buildings will not be moved from previous locations and placed upon a Lot. 5.8 All structures shall be constructed of either brick, stone, lumber, stucco or a combination thereof. The use of cinder block shall not be allowed unless it is faced with another material herein approved. All roofs shall be finished with approved, fire-resistant roofing materials. 5.9 All driveways and parking areas shall have paved surfaces. Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 4 of 21 5.10 No structure shall be placed or erected upon any Lot which is, ever has been, or could be made the subject of a specific ownership tax as now defined in Title 42 of the Colorado Revised Statutes, nor shall structures constructed in the fashion and manner as mobile homes or manufactured housing be allowed. 5.11 Each structure shall be completed within one (1) year from date of commencement of construction. 5.12 Open hearth, solid fuel fireplaces shall not be allowed within the subdivision. One (1) new, solid -fuel stove as defined in Colo. Rev. Stat. § 25-7-401 et. seq. (1995 West Supp.) and the regulations promulgated thereunder, shall be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 5.13 All structures located within the flood fringe of the Colorado River and/or Garfield Creek shall be constructed in conformance with the conditions of approval of the Floodplain Special Use Permit conditionally approved by the Board of County Commissioners, Garfield County, Colorado, on October 7, 1996. 6. Resubdivision Prohibited. Without restricting the rights of the Declarant in paragraph 32.5 concerning resubdivision, the resubdivision of a Lot by an individual Lot Owner other than the Declarant is prohibited. A Boundary line adjustment which does not result in the creation of an additional Lot shall not, for the purpose of this paragraph, constitute a resubdivision of the lot. 7. Utility Lines. All gas lines, light and power lines, telephone lines and television cable shall be buried underground at the Owner's expense and out of sight from their primary source at the Lot line to the dwelling. 8. Sewage Disposal. Each residence shall contain at least one (1) fully -equipped bathroom and all sewage therefrom shall be disposed of by means of individual sewage disposal system, designed by an engineer licensed in the State of Colorado. Each individual sewage treatment system shall be located so as to avoid impairment during a 100 year flood event and constructed in a manner to facilitate ready access for maintenance. Each Lot Owner shall be responsible for the construction, operation and management of their individual sewage disposal system. The Association will contract with a septic tank systems cleaner to clean all of the septic tanks on a annual basis or such other frequency as shall be determined by the Association. 8.1 The standards of performance for the septic tank systems cleaner ("systems Cleaner") shall be as follows: Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 5 of 21 8.1.1 County. The Systems Cleaner shall be licensed as required by Garfield 8.1.2 The Systems Cleaner, when cleaning a septic tank, shall remove the liquid, sludge and scum, leaving no more than three (3) inches depth of sewage in a septic tank. 8.1.3 The Systems Cleaner shall maintain his equipment so as to insure that no spillage of sewage will occur during transportation, and that his employees are not subject to undue health hazards. 8.1.4 The systems cleaner shall dispose of the collected sewage only at a site designated by the Garfield County Board of Commissioners or by the Board of Health. 8.2 All ISDS systems located on Lots 26, 27, 30, 31, 32 and 33 shall be located a minimum distance of 200 feet from all domestic water wells. 9. No Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or any other outbuildings of any description shall be used on any Lot, except on a temporary basis not exceeding five (5) months by the construction contractor constructing a dwelling on a Lot. Compliance with the Garfield County Regulations is required with respect to such temporary structure permitted under this paragraph. 10. No Commercial Use. There shall not be permitted or maintained upon any Lot or any part thereof any trade, business or industry, except that Owners may, pursuant to the limitations and restrictions contained in Paragraph 4. supra, maintain a home office and/or rent or lease their dwelling for residential purposes when not required for the Owners' use. Renting or leasing of a dwelling may only be done for the entire dwelling. No apartments or other divisible use of the dwelling shall be allowed, and any such use shall be deemed a commercial use and subject to immediate injunction by the Association or other Owners. 11. Fences and Hedges. No fencing shall be constructed or located on any Lot with the exception of "invisible fencing" for dog control and/or dog kennels in conformity with paragraph 13.2.4 of these Covenants. Fencing, as approved and constructed by the Association shall be allowed on all areas described on the Plat as Common Open Space and Common Open Space (Equine Area) areas. 12. Water Rights. The Association shall own an undivided 19.7% ownership interest in and to the following water and water rights: Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 6 of 21 Structure Moore Ditch Source Amt. Approp. Priority__ Court (CFS) Date No. Case Garfield Creek .20 6/15/1882 3 89 Moore Ditch Garfield Creek 1.287 6/01/1883 14 1405 (1st Enlarge.) Said undivided interest represents 32.52 acre feet of consumptive use under the augmentation plan decreed in Case No. W3262 13. Animals. 13.1 Except as expressly limited herein, domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Association. 13.2 Lot Owners shall be entitled to keep dogs on their property pursuant to the following restrictions and limitations: 13.2.1 No more than one dog shall be kept by any Lot Owner at any time on any one (1) Lot. 13.2.2 Dogs shall be kept under the control of their Owners at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the Lot owned by the person(s) where the dog is housed unless leashed and accompanied by a person in full control of such dog. 13.2.3 Dogs shall not be allowed to bark continuously. which shall be defined as barking for a continuous fifteen (15) minute period. 13.2.4 When not accompanied by a person as provided in 13.2.2. above all dogs shall be leashed, chained, "electric fenced," or kenneled. The location of kennels shall be subject to review of the ACC. 13.2.5 All dogs shall be kept reasonably clean, and all Lots shall be free of refuse and animal waste. 13.2.6 The Association shall, pursuant to the the procedures set forth in paragraph 19.1, infra, assess and enforce penalties against Owners violating the restrictions applying to dogs as follows: One Hundred Dollars ($100.00) for the first violation committed by an Owner's dog; Two Hundred Dollars ($200.00) for the Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 7 of 21 second violation; Three Hundred. Dollars ($300.00) for the third violation; and for each succeeding violation the fine increases in One Hundred Dollar ($100.00) increments. The dollar amounts of the fines may be changed by approval of the Association's Board of Directors. Should any dog chase or molest deer, elk or any domestic animals or persons, or destroy or disturb property of another. the Association shall be authorized to prohibit the property Owner or resident from continuing to maintain the offending animal on his property and may dispose of that animal. if necessary, to protect wildlife or other Owners, persons or property. The offending dog owner shall be provided written notice of such action at least two (2) days before disposal occurs. Within such two (2) day period, the offending dog shall be kenneled at a licensed kennel. All charges associated with action taken by the Association may be assessed against either the Lot Owner and/or the dog owner, or both, at the Association's sole option. 13.3 Except as provided in Paragraph 13.5 infra , no farm or ranch animals shall be allowed within the Subdivision nor shall any commercial animal breeding, kennels, stables or veterinary activities of any kind be allowed within any residence or upon any Lot within the Subdivision. 13.4 The Association may, for the exclusive use and benefit of the Owners. construct, operate and maintain on that area designated on the plat as Common Open Space. (Equestrian Area), all facilities, structures and operations reasonably required for the pasturing, stabling and other care of horses. 13.5 The stabling and/or pasturing of horses within the Common Open Space Equestrian Area by Owners shall be expressly subject to such rules and regulations as may be promulgated by the Association. 13.6 Notwithstanding the foregoing. no animal may be kept within a Lot or residence which, in the good -faith judgment of the Association's Board of Directors, results in any annoyance or is obnoxious to residents in the vicinity or to Lot Owners within the Subdivision. 14. Maintenance of Property. 14.1 The Owner of each Lot shall keep the same clear and free of rubbish and trash and shall keep the structures thereon in good repair, doing such maintenance as may be required for this purpose. 14.2 No noxious or offensive conduct or activity shall be carried on upon any Lot or in any structure thereon which may constitute a health hazard, nuisance or annoyance to the neighborhood. Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 8 of 21 14.3 Clothes lines, equipment, propane tanks, garbage cans, service yards, woodpiles or storage areas shall be adequately screened by planting or construction concealing the same from view of neighboring Lots and streets. 14.4 The outside burning of any trash, rubbish, or other materials shall be absolutely prohibited. Standard and approved outdoor barbecues and fireplaces shall be allowed for the preparation of foodstuffs only. 14.5 All Lots within the Subdivision shall be subject to inclusion in any county improvement districts established in the New Castle/Silt vicinity and/or a metropolitan sanitation district. Inclusion shall be according to the regulations of such district and applicable statutes, if and when created. 15. Vehicles. 15.1 All motor vehicles must be currently licensed and operational. 15.2 No business vehicles shall be permitted which do not completely enclose within the vehicle all machinery, equipment and other evidence of the trade, craft or business other than the signs affixed to the vehicles advertising the same. No construction vehicles shall be parked on any Lot or street except during construction activity. 16. Signs. No billboards, signs or other advertising devices of any nature shall be erected, placed, maintained or permitted, provided that this restriction shall not be construed to prevent appropriate name and address signs and signs that advertise property for sale or rent insofar as it is necessary to promote the sale and development of such properties. Approved numbers and addresses shall be placed on all new structures or in such a position as to be plainly visible and legible from the street fronting any Lot. 17. Adoption of Budget. Within thirty (30) days after the adoption of any proposed budget by the Association, the Association shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all the unit owners and shall set a date for a meeting of the Lot Owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing or other delivery of the summary. Unless at that meeting a majority of all Lot Owners or any larger percentage specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Lot Owners must be continued until such time as Lot Owners ratify a subsequent budget proposed by the executive board. 18. Collection of Assessments: Enforcement. Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 9 of 21 18.1 Assessments. All Lot Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors of the Association. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things, the provision of water to the Lots, which shall be metered; expenses and costs of maintaining, repairing and plowing of roads within and accessing the Subdivision; expenses for maintaining, improving and preserving the Association's common property; expenses of the ACC; and insurance, accounting and legal functions of the Association. The Board of Directors may establish contingency and reserve funds for the maintenance and improvement of the Associations common property and any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his pro rata portion of these funds. As used herein, an Owner's pro rata portion of common expenses shall mean a fraction formed by the number of Lots purchased and held by the Lot Owner (numerator) and the number of Lots in the Subdivision (denominator). The Board of Directors shall have the right during any calendar year to levy and assess against all of the Owners special assessments for such purpose or purposes, in accordance with this Declaration, the Articles or Bylaws of the Association, as may be necessary. Any such special assessment shall be paid by the Owners obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. 18.1.1 Addition of Units In the event units are added to the Subdivision pursuant to section 32.2 infra. the denominator of the fraction above referenced shall be increased in accordance with the number of units added to the Subdivision. 18.1.2 Withdrawal of Units In the event units are withdrawn from the subdivision pursuant to section 32.4 infra, converted to open space pursuant to section 32.5 infra, or acquired through eminent domain, the denominator of the fraction above referenced shall be decreased in accordance with the number of units withdrawn, converted or acquired. 18.2 Lien for Nonpayment ofAssessments. All sums assessed by the Association, including without limitation, the share of common expense assessments chargeable to any Lot Owner, any fines, charges, late charges, penalties, attorney fees, and interest which may be levied on a Lot Owner, and unpaid utility fees and assessments charged to a Lot Owner, shall be the personal obligation of the Lot Owner at the time such assessment or charge becomes due. Said personal obligation may not be passed to a successor in title, unless the obligation is expressly assumed by the successor. All sums shall also constitute a continuing lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: 18.2.1 Liens for real estate taxes and other assessments against the Lots in favor of any governmental assessing unit. Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 10 of 21 18.2.2 All sums unpaid on a first mortgage, deed of trust or other encumbrance of record, including any unpaid obligatory sums as may be provided by encumbrance, except the lien shall have limited priority over such first mortgage, deed of trust or other encumbrance as provided by the Act. 18.2.3 Liens and encumbrances recorded before the recordation of the Declaration. except as otherwise provided herein or by the Act. If an assessment is payable in installments, each installment shall also constitute a continuing lien from the date it becomes due. 18.3 Waiver of Homestead Exemption. Each Owner hereby agrees that the Association's lien on a Lot for assessments as hereinabove described shall be superior to the Homestead Exemption provided by C.R.S. §38-41-201, et. seq., and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot within the Subdivision shall signify such grantee's waiver of the homestead right granted in said article of the Colorado statutes. 18.4 Penalties: Notice of Lien. If any assessment shall remain unpaid after thirty (30) days after the due date thereof. such unpaid sums shall bear interest from and after the due date thereof at the rate established by the Board, not to exceed twenty one percent (21 %) per annum. The Board may impose a late charge on such defaulting Owner as may be established by the Board. In addition, the Board shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments; the initiation or filing by the Board, of a civil action shall not be a condition for the recovery of attorney fees pursuant to this provision. To evidence such lien, the Board shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the Lot and its legal description. Such a notice shall be signed by one (1) member of the Board and may be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. 18.5 Foreclosure: Release of Lien. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the Association, shall have the power to bid on the Lot at foreclosure sale and acquire and hold, lease, mortgage and convey the same. The Association, at its election, and in addition to any other remedies it may have at law or Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 11 of 21 in equity, may also sue an Owner personally to collect any monies owed the Association. Any recorded lien for nonpayment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. 19. Enforcement of Covenants and Restrictions. 19.1 Right of Action. The Association, acting by and through its Board of Directors, shall have the right to prosecute any action to enforce the provisions of all of these Covenants by injunctive relief, on behalf of itself and all or part of the Owners of the lands within the Subdivision. In addition, each Owner of land within the Subdivision, including the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees the Act or the bylaws, rules and regulations of the Association and the Owner's f for each claim asserted in said action. Upon providing thirty (30) days' written notice and the opportunity to be heard thereon to any Owner of a violation of these Covenants, ailure to eliminate or cure said violation, the Association, in addition to the other remedies set forth herein, may levy a penalty of Fifty Dollars ($50.00) per day for every day the violation exists or continues after the expiration of said thirty (30) day period. 19.2 Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in the Subdivision in violation of these Covenants, and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one (1) year limitation shall not apply to injunctive or equitable relief against other violations of these Covenants. 20. Easements and Open Space. 20.1 Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision, addendums thereto and that are conveyed to it by deed. Except by agreement with an Owner, the Association shall have no obligation to pay any amount for the use and enjoyment of such easements. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. 20.2 Well Easements. The Association is entitled to certain water rights for the construction of wells within the Subdivision as is reflected in Case No. W-3262 in the District Court in and for Water Division No 5 and Paragraph 12 of these Covenants. The Association is granted easements for the construction, operation, maintenance, repair and replacement of wells, water lines, water storage tanks and other facilities as shown on the Final Plat, the Subdivision Improvements Agreement and in any deeds for the construction Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 12 of 21 and location of well houses, water lines and other equipment and improvements necessary to utilize such water rights. The easements rights set forth in this paragraph shall be subject to the terms and conditions contained within the Memorandum of Agreement executed by the Association and Gene R. Hilton and filed for public record in the Office of the Clerk and Recorder of Garfield County, Colorado as Reception No. 20.3 Easements for Access and Repairs. The Association shall be entitled to an easement across each Lot within the Subdivision for the purposes of accessing and protecting any of the Association's property and for necessary repairs and emergency circumstances. The Association may access all Lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the Garfield County Commissioners and to determine and enforce compliance with all of the provisions of these Covenants. 20.4 Easements. Easements and rights-of-way in perpetuity are hereby reserved for the erection, construction, maintenance and operation of wires, cables, pipes, conduits, apparatus for the transmission of electrical current, telephone, television and radio lines, and for the furnishing of water, gas and sewer service or for the furnishing of other utilities and irrigation ditches and laterals, wells and all associated structures, together with the right to enter for the purpose of installing, maintaining, repairing, replacing and improving the same along, across, upon and through a strip of land twenty (20) feet in width along all interior Lot lines of all Lots and twenty (20) feet in width along all outside boundary lines of the Subdivision. 21. Roadways. All roadways in the Subdivision shall be dedicated to the public. Such roadways shall be subject to an easement and right-of-way for ingress and egress for the installation and maintenance of utilities as provided in paragraph 20.4 above. The costs of maintenance, repair, and snow removal shall be funded by fees collected as assessments by the Association as provided in the Bylaws. 22. Domestic Water. 22.1 The domestic water supply shall be from a central water system ("Water System"), of which the Association shall be an owner. The Association shall be responsible for the operation, maintenance and use of the Water System for the benefit of the Lot Owners and shall be responsible for the setting of all rates andlor charges for the provision through the Water System of domestic water service thereto. The operation, maintenance and use of the Water System by the Association shall be subject to the terms and conditions of the Memorandum of Agreement executed by the Association and Gene R. Hilton filed for public record in the Office of the Clerk and Recorder of Garfield County as Reception No. Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 13 of 21 22.2 Water provided by the Association through the Water System shall be for domestic in-house use only and the irrigation of grass, shrubs, trees or other foliage on each Lot as permitted by the Association and limited herein. Lawn and garden irrigation from the domestic water system shall be limited per lot to no more than ten thousand (10,000) square feet. All water use shall be metered by water meters approved by the Association and consistent with the terms and conditions of the augmentation plan decreed in Case No. W- 3262, of which the Association will have the power and duty to enforce. Agreements and/or additional Rules and Regulations concerning the use and operation of the water system may be executed, proposed and adopted by the Association to allow for the efficient use and operation of such system. 23. Additional Wells. No individual Lot Owner(s) shall be entitled to or allowed to drill a well(s) on his/her Lot(s). The Association herein waives its rights to object to the Declarant placing a well within six hundred (600) feet of the well(s) conveyed to the Association or any replacement, supplemental or additional well drilled or constructed by the Association. 24. Lighting. All exterior lighting (with possible exceptions for lighting necessary for safety) shall be directed inward, toward to the interior of the subdivision. It will be recommended by the ACC that all Lot Owners make every effort possible to limit the use of exterior lighting at night and the ACC shall encourage Owners to build in such a fashion that minimizes light sources directly visible from outside of the Owner's property. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. 25. ACC. 25.1 No improvements of any kind, including, but not limited to, dwelling houses, ISDS location, garages, fences, swimming pools, tennis courts. parking areas, drives, antennas, flagpoles, walks and every other type of improvement. shall be constructed or altered on any lands within the Subdivision, including the common areas, nor may any vegetation be altered or destroyed, nor any landscaping performed on any tract unless three (3) complete sets of architectural plans and specifications for such construction, alteration or landscaping are submitted to the ACC and approved in writing prior to the commencement of such work. All decisions of the ACC shall be in writing. One (1) set of such plans and specifications shall remain on file and become a permanent record of the ACC. If the ACC fails to take any action within thirty (30) days after complete architectural plans and specifications for such work have been submitted to it, then all of such architectural plans shall be deemed to be approved; provided, however, that no uses may be authorized or deemed approved unless adequate water resources are available to sustain such use. 25.2 The ACC shall exercise its best judgment to see that all improvements, construction, landscaping and alterations on the land within the Subdivision conform to and Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 14 of 21 harmonize with the natural surroundings and with existing structures as to external design, materials, color, setting, height, topography, grade and finished ground elevation. The ACC shall protect the seclusion of each homesite from other home sites as much as possible and may prohibit the use of shake shingle roofs within the Subdivision, and the ACC shall have the power to prohibit use of the same. 25.3 Architectural plans and specifications submitted under paragraph 25.1 supra, shall show the nature, kind, shape. height. materials, floor plan, building elevations. location. ISDS location, exterior color scheme, alterations, grading and all other matters necessary for the ACC to properly consider and make a determination thereon. The applicant shall also submit a plan showing any proposed landscaping or revegetation required to restore disturbed areas, together with a schedule for the completion of such work. The ACC may disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgment required of it by these Covenants or may require applicant to supply such additional materials as may be required for the ACC to perform this task. In the event, additional materials are provided by the applicant to the ACC, the ACC shall have thirty (30) days from the date of receipt of said additional materials to conduct the review required herein. 25.4 The ACC may grant a reasonable variance or adjustment of these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the restrictions contained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent and purpose of these Covenants. 25.5 The ACC shall not be liable in damages to any person or association submitting any architectural plans for approval or to any Owner by reason of any action. failure to act, approval, disapproval, or failure to approve or disapprove with regard to such architectural plans. 25.6 The initial members of the ACC shall be: Gene R. Hilton Mary J. Hilton Peter Belau. The initial address for official correspondence with the ACC shall be 2102 W. Arapahoe Dr., Littleton, CO 80120. Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 15 of 21 A majority of the ACC may designate a representative to act for it. Should a member resign or become unable to act. the other members shall appoint a successor. 26. Insurance. 26.1 Not later than the time of the first conveyance of a Lot to an Owner other than the Declarant, the Association shall, in conformance with the provisions set forth Colo. Rev. Stat. § 38-33.3-313(1)(a) and (b) (West Supp. 1995) to the extent reasonably available, obtain and keep in full force and effect the following insurance coverage: 26.1.1 Property Insurance - Property insurance in an amount not less than the full insurable replacement cost, less applicable deductibles, on all common elements and on all property that must become common elements. 26.1.2 Commercial General Liability Insurance - Commercial general liability insurance, in an amount deemed sufficient by the Board, covering the Board, the Association and their respective employees and agents against claims and liabilities arising in connection with the ownership, existence, use, or management of the common elements. The Declarant shall be included under this policy as an additional insured. 26.1.3 Fidelity Insurance - To the extent reasonably feasible. fidelity insurance insuring all persons charged with handling Association funds in an amount of no less than two months assessments, calculated from the current budget. 26.1.4 Any additional coverage required by the Act or other laws. 27. Covenants Run With Land. These Covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until the year 2016, at which time said Covenants shall be automatically extended for successive periods of ten (10) years unless. by vote reflected by signed documents duly recorded by sixty-seven percent (67%) of the then Owners, based upon one vote for each lot owned, it is agreed to change said Covenants in whole or in part. 28. Termination of Covenants. These Covenants may be lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained. 29. Amendment of Declaration. Except for the right of the Declarant to amend this Declaration or sections which give the Declarant rights, as specified herein or by law, this Declaration may be amended by a vote of sixty-seven percent (67%) of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held. Any amendment shall become effective upon recordation, provided a properly certified copy of the Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 16 of 21 resolution of amendment is placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. 30. Notice to Unit Owners. Written notice of matters affecting the Subdivision, Association and/or planned community shall be sent to all unit Owners by delivering such by regular first-class mail to the addresses of such Owners. All Owners shall register with the Association an address for delivery of such notice and shall timely notify the Association of any change of address. 31. Limited Liability. The Association and the Board shall not be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Association agrees to indemnify the Board against loss resulting from such action or failure to act if the Board acted or failed to act in good faith and without malice. 32. Development Rights and Special Declarant Rights. All development rights set forth in this section are applicable between the Declarant, its successors and assigns, and any Lot Owner and apply to the real estate contained within the Property and such other real estate as may be added thereto pursuant to the provisions set forth herein. Nothing herein shall discharge the Declarant or others exercising development rights to obtain any required approvals from the appropriate governmental entities and comply with any and all resolutions, ordinances, statutes and law relating to the exercise of such development rights. If these development rights are exercised in any portion of the Property, the Declarant is not precluded from exercising development rights in any portion of the remainder of the property at a later date. No statement is made as to the order in which portions of the Property are added or subject to the exercise of development rights. The Declarant hereby reserves unto itself, its agents, employees, contractees and assigns. the following development rights and other special Declarant rights for exercise within twenty-five (25) years of the date of this Declaration: 32.1 Right to Add Property. The right to add real estate and water rights to the Property and the Association. Said additional real estate may include that real property set forth and described on Exhibit B attached herewith and incorporated herein by this reference. Said additional water rights may include any portion of those water rights set forth in Paragraph 12 supra. The Declarant further reserves the right to connect such additional property to utilities, Water System and to divert and otherwise apply to beneficial use said additional water rights therein, and to use existing roads and easements, for any and all purposes set forth in the Final Plat and these Covenants. Such additional real estate water rights shall be subject to these Covenants as established by a duly -recorded amendment hereto. 32.2 Right to Create Units/Lots and Common Areas. The right to create, add, resubdivide and construct additional units, lots and common and limited common elements within the Property. Said right shall be subject to the condition that the exercise of the same Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 17 of 21 does not impinge or diminish the services provided for the lots depicted on the Plat. The total number of units that may be created pursuant to the provisions hereof shall not exceed 50 units. 32.3 Right to Amend Declaration and Plat. The right to amend or supplement the Declaration and plat in connection with the exercise of its development rights. Such amendments shall conform to the requirements of the statutes and this Declaration. 32.4 Right to Withdraw Property. The right to withdraw real estate from the Property. The property subject to this right of withdrawal shall include the Property and the water rights set forth in paragraph 12 supra. 32.5 Right to Convert and Subdivide. The right to further subdivide units and/or Lots or convert units and/or Lots into common areas. Said right shall be subject to the condition that the exercise of the same shall not impinge upon or diminish the services provided for the Lots depicted on the Plat. The real estate subject to this right shall include the Property. 32.6 Right to Complete Improvements. The right to complete those improvements indicated on the Plat and contained within the Subdivision Improvements Agreement for the Subdivision which are not complete as of the date of these Covenants. 32.7 Activities of Declarant. The right to conduct certain activities which. notwithstanding any provision contained in these Covenants to the contrary, shall include the right to maintain a sales office, management office and other such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or necessary for the construction, sale and management of any units or Lots. Such facilities may include without limitation a business office, storage area, construction yards, signs, model units. sales offices, construction office. parking areas and lighting and temporary parking structures for all prospective purchasers of Lots or units. 32.8 Easements. The right to use all easements shown or described on the Plat or otherwise conveyed to the Association and to use such easements as in Declarant's discretion may be necessary to the exercise of those rights described in this section. Furthermore, Declarant hereby reserves the right of ingress and egress in and through all Lots during the period of construction and sale of any Lots or Units for the purpose of any necessary, required or requested construction, maintenance, refurbishment or repair of said Lots or Units or any part thereof. 32.9 Rights Concerning Control of Association. The right to make the Association subject to a master association, or to merge or consolidate the Association with another association of a similar nature or same form or ownership, whether such merger be Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 18 of 21 into and with an existing Association or a subsequently formed Homeowners Association. 32.10 Easements and Water Rights. The right to use excess capacity of the water system, water rights, augmentation plan, wells, ponds, spring and all pumps, pipelines. ditches, tanks, measuring devices, meters or other facilities associated therewith, including any facilities necessary for the exercise of any existing or subsequently decreed water rights or augmentation plan together with easements associated therewith for the construction. erection, maintenance. operation, use, expansion. repair and replacement of the water rights and/or facilities, and to add to such water system or water rights, to amend or change any water court decree, to substitute the augmentation water source or amount as decreed in Case No. 3262 (Water Division No. 5), or any right as may be subsequently decreed by appropriate action in the water court or with the State Engineer's Office. 32.11 Use Agreements. The right to enter into, execute, amend and otherwise deal with contracts and agreements for the use, lease, repair, maintenance or regulation of facilities. 32.12 Right by Statute or Recorded Document. Any other rights as allowed by statute or as may be reserved by documents on record with the Garfield County Clerk and Recorder. 33. Construction within the Flood Fringe. Construction is allowed within the Flood Fringe area as the same is depicted on the Garfield County Plan's Management Districts Map (1981; 1984) in accordance with the following conditions: 33.1 The lowest floor, including basement, of any new building designed for residential occupancy shall not be less than one (1) foot above the maximum water elevation of the 100 -year flood as determined by the Garfield County Flood Insurance Study. 33.2 On-site individual sewage disposal systems shall be located so as to avoid impairment or contamination during a 100 -year flood event. 33.3 Prior to the issuance of a Building Permit, each Lot Owner shall prepare and submit to the Garfield County Department of Building and Planning a soils and foundation report, an ISDS (Individual Sewage Disposal System) design, and a grading and drainage plan prepared and certified by a professional engineer. All improvements shall be constructed in accordance with such measures, which shall be a condition of the building permit. 33.4 Prior to the issuance of a Certificate of Occupancy, each Lot Owner shall furnish the Garfield County Department of Building and Planning as -built elevation Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 19 of 21 certificates issued by a professional engineer demonstrating that all construction meets the provisions of Section 6.09 of the Garfield County Zoning Resolution of 1978, as amended. 34. Declarant Control. The period of Declarant control of the Association shall terminate sixty (60) days after conveyance to Owners other than the Declarant of seventy-five percent (75%) of the Lots or units that may be created as set forth in paragraph 32.2, two years after the last conveyance of a unit by the declarant in the ordinary course of business, or two years after any right to add new units was last exercised. Not later than sixty (60) days after conveyance to Owners other than the Declarant of twenty-five percent (25%) of the units or Lots that may be created as set forth in paragraph 32.2 supra, at least one (1) member and not less than twenty-five percent (25%) of the members of the executive board must be elected by unit or Lot Owners other than the Declarant. Not later than sixty (60) days after conveyance to Owners other than the Declarant of fifty percent (50%) of the units or Lots that may be created as set forth in paragraph 29 herein, not less than thirty-three and one-third percent (331/3%) of the members of the executive board must be elected by unit Owners other than the Declarant. 35. Future Development. All persons purchasing Lots in the Subdivision or purchasing property as described on Exhibit A shall take ownership subject to the development rights of the Declarant as herein set forth and, as such, agree to not object to exercise of the development rights described in paragraph 31 herein. 36. Recording Data. The recording data for recorded easements and licenses appurtenant to the Subdivision and a description of the same is as follows: 37. Rights Transferable. Any special Declarant right or additional right created or reserved under this Declaration for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred and recorded in every county in which any portion of the project is located. Such instrument shall be executed by the transferor Declarant and the transferee. 38 Severability. The invalidation of any one of these Covenants by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect. Dated this day of , 1997. THE RAPIDS ON THE COLORADO RIVER, LLC Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 20 of 21 B� STATE OF COLORADO COUNTY OF GARFIELD Gene R. Hilton, Manager The foregoing was acknowledged before me this Gene R. Hilton Manager of the Rapids on the Colorado, LLC. WITNESS my hand and seal. My commission expires: Address: day of 1997. by NOTARY PUBLIC Declaration of Protective Covenants The Rapids on the Colorado Subdivision Page 21 of 21 * *vice of land situated in SE'1/4SW1/4 and SW1/4SE1/4 of Section 4 and NW1/4NE1/4 of Section 9 o!/ in Township 6 South, Range 91 West of the 6th P.M. soid tract being o portion of that tract doscnbrd a� Book 479 of Page 423 and that tract described in Exhibit 'A' in Book 713 at Page 613 in the records of the Corfield County Clerk and Recorders Office being mora particularly described os follow:: Beginning ot o point on the southerly right-of-way of County Rood 335 said point a/so being on the west line of said S£1/4SW1/4 whence the Southwest Comer of sold Section 4 bears S 65'14'47' W 1438.56 fust; thencealong sold right-of-way on the following C104/MOS N 64' 01' 23' E 322.83 foot; thence N 68' 13' 04' E 260.71 feet; thence N 71' 4J' 27' £ 268.09 foot; thence N 79' 02' 15' E 270.71 feet; thence 303.67 feet along the or of o curve to the n jh4 having o radius of 389.99 fest and o control owl* of 44' 36' 48' he chord of which bears S 78' 39' 21' E 296.05 feet thence S 56' 20' 56' £ 284.92 fist; thence 304.36 fest along the arc of o auris to the heti havingo radius of 191.32 feet and o centra/ o/ 91' 08' 53the c&ford of which boars N 78' 04' 37' E 273.27 feet: thence N 32' JO' 10' £ 91.30 feet; thence 260.70 foot along the an: of o curve to the right, having o radius of 359.49 feet and o centra/ angle of 41' 33' 03"; the chord of which boors N 53' 16' 42' E 255.02 feet; thence N 74' 03' 1,3' E 54398 fest to o point on the East line of said SW1/4SE1/4; thence deporting said county rood rf'►t-of-woy S 0' 27' 02" E 1147.46 feet to the Southeast Corner of said SW1/4SE1/4 thence S 0' 44' 14' £ 1311.98 feet to the Southeast Corner of sold NW 1/4N£1/4; thence S 89'13'38' W 350.09 feet along the South line of said NW1/4NE1/4 to thr .ostomy lino of that tract of lond de.cnb.d in book 576 ot Pogo 949; thene along sold .osterly /,4,a ort the following courses N 50' 00' 46' W 79.31 foot; ,Thence N 58' 18' 23" W 95.68 fest; thence N 66' 29' 05' W 97..31 fort; then. 569.90 feet along the arc of o cw►. to the night having o radius of 404.010 feet and o central angle of e0' 49' 25'; the chord of which bears N 26' 04' 23' W 523.81 foot, thevmc. N 14' 20' 20" E .3.56 foot; thence S 89' 30' 00' W, 286.47 feet thenar N 11'30' 00' W 1150.00 feet; thrncr N 490 30' QO' W 395.00 feet thence S 70'45' 00' W 870.00 fi.t; then. S 29' 00' 00' W 414.95 feet to o pointng said west s N 0'14' 42'W0ne of sok/ 523.03 hot to the 1 4,OF MM said d.scnb.d text containing 64.683 acres move or Ws& Exhibit A ARTICLES OF INCORPORATION OF THE RAPIDS ON THE COLORADO HOMEOWNERS ASSOCIATION ARTICLE L NAME The name of this Corporation shall be THE RAPIDS ON THE COLORADO HOMEOWNERS ASSOCIATION. ARTICLE II. DURATION The term of existence of this Corporation is perpetual. ARTICLE III. PURPOSES The business, objects and purposes for which the Corporation is forrned are as follows: 1. To be and constitute the Homeowners Association to which reference is made in the Protective Covenants for The Rapids on the Colorado Subdivision ("Subdivision") and any supplement thereto ("Declaration") recorded in the records of the Clerk and Recorder of the County of Garfield, Colorado, and to perform all obligations and duties of the Association and to exercise all rights and powers of the Association. 2. To provide for maintenance and preservation of the Subdivision including the maintenance and repair, for the benefit of all members herein, all common open space areas contained within the Subdivision. 3. To operate and maintain the domestic water treatment and distribution system and all facilities appurtenant thereto 4. To promote, foster and advance the health, safety and welfare of residents within the Subdivision. 5. To enforce covenants, restrictions, conditions and equitable servitudes affecting the Subdivision. Articles of Incorporation The Rapids on the Colorado Homeowners Association Page 1 of 5 6. To make and enforce rules and regulations with respect to the use of lots within the Subdivision, as provided in the Declaration. 7. To establish and maintain the Subdivision as property of high quality and value and to enhance and protect its value, desirability and attractiveness. ARTICLE IV. POWERS The Association shall have all of the rights, privileges and powers now or subsequently conferred on non-profit corporations by the laws of Colorado. The Corporation shall have and may exercise all powers necessary or convenient to effect any of the purposes for which the Corporation was organized. ARTICLE V. MEMBERSHIP 1. This Corporation shall be a membership Corporation without certificates or shares of stock. Every owner of a subdivision lot, including the Developer, shall be a member. 2. Each lot within the Subdivision shall have one (1) vote. When more than one (1) person holds a membership, they may appoint one (1) of their co -members as proxy to cast the vote for that membership. Such vote shall be cast as the owners thereof agree. but in no event shall more than one (1) vote per question be cast with respect to any one (1) lot. If the co -members cannot agree as to the manner in which their vote should be cast when called upon to vote. then they will be treated as having abstained. 3. A membership in the Corporation and the share of a member in the assets of the Corporation shall not be assigned, encumbered or transferred in any manner except as appurtenant to the transfer of title to the lot to which the membership pertains: provided, however, the rights of membership may be assigned to the holder of a mortgage, deed of trust or other security instrument on a lot as further security for the loan secured by a lien on such lot. 4. A transfer of membership shall occur automatically upon the transfer of title to the lot to which the membership pertains; provided, however, the Bylaws of the corporation may contain reasonable provisions and requirements with respect to recording such transfers on the books and records of the Corporation. 5. The Corporation may suspend the voting rights of a member for failure to comply with the rules and regulations of the Corporation or with any other obligations of the owners of any lot under the Declaration. Articles of Incorporation The Rapids on the Colorado Homeowners Association Page 2 of 5 6. The Bylaws may contain provisions setting forth the rights, privileges, duties and responsibilities of the members. ARTICLE VI. BOARD OF DIRECTORS 1. The business and affairs of the Corporation shall be conducted, managed and controlled by a Board of Directors. The Board of Directors shall consist of not Less than two (2) nor more than five (5) members, the specific number to be set forth from time to time in the Bylaws of the Corporation. The duties, qualifications, term of office and the manner of their election, appointment and removal shall be as set forth in the Bylaws. 2. The names and addresses of the members of the first Board of Directors who shall serve until the first election of Directors and until their successors are duly elected and qualified are as follows: Gene R. Hilton 2102 W. Arapahoe Dr. Littleton, CO 80120 Mary J. Hilton 2102 W. Arapahoe Dr. Littleton, CO 80120 Any vacancies in the Board of Directors occurring before the first election of Directors shall be filled by the remaining Director. ARTICLE VII. OFFICERS The Board of Directors shall elect from among them a president and secretary, and may also elect, but not necessarily from among them, one (1) or more vice-presidents, a treasurer and such other offices as the Board believes will be in the best interest of the corporation. The officers shall have such duties and serve for such terms of office as shall be prescribed in the Bylaws of the Corporation. ARTICLE VIII. INDEMNIFICATION OF DIRECTORS Articles of Incorporation The Rapids on the Colorado Homeowners Association Page 3 of 5 The Corporation shall indemnify its directors and officers to the full extent permitted by Colorado law. ARTICLE IX. LIMITATION OF LIABILITY 1. The personal liability of a director to the Corporation or its members for monetary damages for breach of fiduciary duty as a director is limited to the full extent provided by Colorado law. 2. The directors, officers, employees and members of the Corporation shall not, as such, be liable on its obligations. 3. Directors shall not be liable for actions taken or omissions made in the performance of corporate duties except for wanton and willful acts or omissions. ARTICLE X. CONVEYANCES AND ENCUMBRANCES Corporate property may be conveyed or encumbered by authority of the Board of Directors or by such person or persons to whom such authority may be delegated by resolution of the Board. Conveyances or encumbrances shall be by an instrument executed by the president or a vice- president and by the secretary or an assistant secretary, or executed by such other person or persons to whom such authority may be delegated by the Board. ARTICLE XI. DISSOLUTION Upon the dissolution of the Corporation, the Corporation shall, after paying or making provision for the payment of all of the liabilities of the Corporation, dispose of all of the assets of the Corporation exclusively for the purposes of the Corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious or scientific purposes, as shall at the time qualify as an exempt organization or organizations under Section 501(c)(3) of the Internal Revenue Code (or the corresponding provision of any future United States Internal Revenue law), as the Corporation shall determine. Any of such assets not so disposed of shall be disposed of by a court of competent jurisdiction of the county in which the principal office of the Corporation is then located exclusively for such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes. Articles of Incorporation The Rapids on the Colorado Homeowners Association Page 4 of 5 ARTICLE XII. AMENDMENTS Amendments to these Articles of Incorporation shall be adopted. if at all, in the manner set forth in the Bylaws; provided. however. no amendment to these Articles of Incorporation shall be contrary to or inconsistent with the provisions of the Declaration. ARTICLE XIII. GENERAL This Corporation is one which does not contemplate pecuniary gain or profit to the members thereof and is organized for nonprofit purposes. ARTICLE XIV. INITIAL REGISTERED OFFICE AND AGENT The initial registered office of the Corporation shall be located at 2102 West Arapahoe Drive, Littleton, CO 80120, the mailing address of such registered office is P.O. Box 1274, Littleton, CO 80160, and the name of the initial registered agent at such address is Gene R. Hilton. Either the registered office or the registered agent may be changed in the manner provided by law. ARTICLE XV. INCORPORATOR The name and address of the organizer is: Gene R. Hilton 2102 W. Arapahoe Dr. Littleton, CO 80120 Articles of Incorporation The Rapids on the Colorado Homeowners Association Page 5 of 5 IN WITNESS WHEREOF, the above-named incorporated has hereunto set his hand and seal this day of , 199 . GENE R. HILTON STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing was acknowledged before me this day of . 1997. by GENE R.HILTON. WITNESS my hand and official seal. NOTARY PUBLIC My commission expires: Address: Articles of Incorporation The Rapids on the Colorado Homeowners Association Page 6 of 5 BYLAWS OF THE RAPIDS ON THE COLORADO HOMEOWNERS ASSOCIATION TABLE OF CONTENTS 1. GENERAL 1 1.1 Purpose of Bylaws 1 1.2 Terms Defined in the Declaration 1 1.3 Controlling Laws and Instruments 1 2. OFFICES 1 2.1 Principal Office 1 2.2 Registered Office and Agent 1 3. MEMBERS 2 3.1 Members 2 3.2 Memberships Appurtenant to Lots 2 3.3 Voting Rights of Members 2 3.4 Voting by Joint Owners 2 3.5 Resolution of Voting Disputes 2 3.6 Suspension of Voting Rights 3 3.7 Determination of Member Voting Percentage 3 3.8 Transfer of Memberships on Association Books 3 3.9 Assignment of Voting Rights to Mortgagees 3 4. MEETINGS OF MEMBERS 3 4.1 Place of Members' Meetings 3 4.2 Annual Meetings of Members 3 4.3 Meetings of Members 4 4.4 Record Date 4 4.5 Notice of Members' Meetings 4 4.6 Proxies 4 4.7 Quorum at Members' Meetings 5 4.8 Adjournments of Members' Meetings 5 4.9 Vote Required at Members' Meetings 5 4.10 Order of Business 5 4.11 Chairman of Meetings 6 4.12 Expenses of Meetings 6 4.13 Waiver of Notice 6 4.14 Action of Members Without a Meeting 6 5. BOARD OF DIRECTORS 6 5.1 General Powers and Duties of Board 6 i 5.2 Special Powers and Duties of Board 6 5.3 Qualifications of Directors 7 5.4 Number of Directors 7 5.5 Appointment, Election and Term of Office 7 5.6 Removal of Directors 9 5.7 Resignation of Directors 10 5.8 Vacancies in Directors 10 5.9 Executive Committee 10 5.10 Other Committees of Association 10 5.11 General Provisions Applicable to Committees 10 5.12 Maintenance of Fidelity Insurance 10 6. MEETINGS OF DIRECTORS 11 6.1 Place of Directors Meetings 11 6.2 Annual Meeting of Directors 11 6.3 Other Regular Meetings of Directors 11 6.4 Special Meetings of Directors 11 6.5 Notice of Directors' Meetings 11 6.6 Proxies 12 6.7 Quorum of Directors 12 6.8 Adjournment of Director's Meetings 12 6.9 Vote Required at Directors' Meeting 12 6.10 Order of Business 12 6.11 Officers at Meetings 12 6.12 Waiver of Notice 13 6.13 Action of Directors Without a Meeting 13 7. OFFICERS 13 7.1 Officers, Employees and Agents 13 7.2 Appointment and Term of Office of Officers 13 7.3 Removal of Officers 13 7.4 Resignation of Officers 13 7.5 Vacancies in Officers 13 7.6 President 13 7.7 Vice President 14 7.8 Secretary 14 7.9 Treasurer 14 8. INDEMNIFICATION OF OFFICIALS AND AGENTS 14 8.1 Certain Definitions 14 8.2 Right of Indemnification 14 8.3 Indemnification Prohibited 15 ii 8.4 Prior Authorization Required 16 8.5 Success on Merits or Otherwise 16 8.6 Advancement of Expenses 16 8.7 Payment Procedures 16 8.8 Notification to Members 17 8.9 Authority to Insure 17 8.10 Right to Impose Conditions to Indemnification 17 8.11 Other Rights and Remedies 17 8.12 Applicability; Effect 17 8.13 Indemnification of Agents 18 8.14 Savings Clause; Limitation 18 9. MISCELLANEOUS 18 9.1 Amendment of Bylaws 18 9.2 Compensation of Officers, Directors and Members 18 9.3 Books and Records 18 9.4 Annual Report 19 9.5 Statement of Account 19 9.6 Biennial Corporate Reports 19 9.7 Fiscal Year 19 9.8 Seal 20 9.9 Shares of Stock and Dividends Prohibited 20 9.10 Loans to Directors and Officers Prohibited 20 9.11 Limited Liability 20 9.12 Special Rights of First Mortgagees 20 9.13 Minutes and Presumptions Thereunder 21 9.14 Record of Mortgagees 21 9.15 Checks, Drafts and Documents 21 9.16 Execution of Documents 21 iii BYLAWS OF THE RAPIDS ON THE COLORADO HOMEOWNERS ASSOCIATION 1. GENERAL. 1.1 Purpose of Bylaws. These Bylaws are adopted for the regulation and management of the affairs of The Rapids On The Colorado Homeowners Association ("Association"). The Association has been organized as a Colorado corporation under the Colorado Nonprofit Corporation Act to be, and constitutes, the Association under the Declaration of Protective Covenants for The Rapids On The Colorado Subdivision("Declaration"). The Declaration relates to real property in the County of Garfield, Colorado, which becomes subject to the Declaration (the "Subdivision"). 1.2 Terms Defined in the Declaration. Terms used in these Bylaws which are defined in the Declaration shall have the same meaning and definition as in the Declaration. 1.3 Controlling Laws and Instruments. These Bylaws are controlled by and shall always be consistent with the provisions of the Colorado Nonprofit Corporation Act, the Declaration and the Articles of Incorporation of the Association filed with the Secretary of State of the State of Colorado, as any of the foregoing may be amended from time to time. 2. OFFICES. 2.1 Principal Office. The Board of Directors, in its discretion, may fix and may change. from time to time. the location of the principal office of the Association provided that, until such time as suitable quarters can reasonably be obtained within the Subdivision, the principal office of the corporation shall be located at 2102 West Arapahoe Drive, Littleton, CO 80160. 2.2 Registered Office and Agent. The Colorado Nonprofit Corporation Act requires that the Association have and continuously maintain in the State of Colorado a registered office and a registered agent whose business office is identical with such registered office. The registered office need not be the same as the principal office of the Association. The initial registered office and the initial registered agent are specified in the Articles of Incorporation of the Association but may be changed by the Association at any time, without amendment to the Articles of Incorporation, by filing a statement as specified by law in the Office of the Secretary of State of Colorado. 1 3. MEMBERS. 3.1 Members. A "Member," as defined in the Declaration, is a Person, or if more than one (1), all Persons collectively, who constitutes the Owner of a Lot. 3.2 Memberships Appurtenant to Lots. Each Membership shall be appurtenant to the fee simple title to a Lot. The Person or Persons who constitute the Owner of fee simple title to a Lot shall automatically be the holder of the Membership appurtenant to that Lot and the Membership shall automatically pass with fee simple title to the Lot. 3.3 Voting Rights of Members. Each Member shall have the right to cast one (1) vote for each Lot owned by such Member. Notwithstanding the foregoing, Declarant shall be entitled to select and appoint, in its sole discretion, Directors; provided, however, that not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Lots, the Board of Directors shall be increased to three (3) Directors and at least one (1) Director must be elected by Lot Owners other than the Declarant. Not later than sixty (60) days after conveyance to Owners other than the Declarant of fifty percent (50%) of the Lots, the number of Directors shall be increase to (5) Directors and at least thirty-three and one-third percent (331/2%) of the members of the Board of Directors must be elected by Lot Owners other than the Declarant. The Declarant Control Period shall cease when seventy-five percent (75%) of the Lots have been conveyed to persons other than Declarant, unless in its discretion, Declarant sooner determines to terminate. 3.4 Voting by Joint Owners. If there is more than one (1) person who constitutes the Owner of a Lot, each such Person shall be entitled to attend any meeting of Members, but the voting power attributable to the Lot shall not be increased. In all cases in which more than one (1) Person constitutes the Owner of a Lot, including instances in which a Lot is owned by a husband and wife, then, unless written notice to the contrary, signed by any one of such Persons, is given to the Board of Directors of the Association prior to the meeting, only one (1) such Person shall be entitled to cast, in person or by proxy, the vote attributable to the Lot. If, however, more than one (1) Person constituting such Owner attends a meeting in person or by proxy, then such Persons shall designate one (1) Person to vote on behalf of such Owner, and the vote of such person shall be the vote attributable to such Lot. 3.5 Resolution of Voting Disputes. In the event of any dispute as to the entitlement of any Member to vote or as to the results of any vote of Members, the Board of Directors of the Association shall act as arbitrators and the decision of a disinterested majority of the Board of Directors shall, when rendered in writing, be final and binding as an arbitration award and may be acted upon in accordance with the Colorado Uniform Arbitration Act of 1975, as the same may be amended; provided, however, that the Board of Directors shall have no authority or jurisdiction to determine matters relating to the entitlement of Declarant to vote or relating to the manner of exercise by Declarant of its voting rights. No dispute as to the entitlement of any Member to vote 2 shall postpone or delay any vote for which a meeting of Members has been duly called pursuant to the provisions of these Bylaws and a quorum is present. 3.6 Suspension of Voting Rights. The Board of Directors may suspend, after Notice and Hearing, the voting rights of a Member during any period of breach by such Member of any provision of the Declaration or of any Rule or Regulation adopted by the Association including, but not limited to, the failure to pay any assessment pursuant to the Declaration and for a period of up to ten (10) days following the cure of any such breach by such Member; provided, however, such Notice and Hearing shall not be required where a Member has failed to pay any assessment levied in accordance with the provisions of the Declaration. 3.7 Determination of Member Voting Percentage. Notwithstanding anything to the contrary contained herein, only Members whose voting rights are in good standing (e.g., voting rights which have not been suspended as provided herein) shall be entitled to vote on Association matters. In accordance therewith, any and all provisions contained herein requiring the approval of a requisite percentage of Members of the Association shall be deemed satisfied when the requisite percentage of Members entitled to vote has been met. 3.8 Transfer of Memberships on Association Books. Transfers of Memberships shall be made on the books of the Association only upon presentation of evidence, satisfactory to the Association, of the transfer of ownership of the Lot to which the Membership is appurtenant. Prior to presentation of such evidence, the Association may treat the previous Owner of the Membership as the Owner of the Membership entitled to all rights in connection therewith, including the rights to vote and to receive notice. 3.9 Assignment of Voting Rights to Mortgagees. A Member may assign his right to vote to a Mortgagee of his Lot for the term of the Mortgage and any sale, transfer or conveyance of the Lot shall, unless otherwise provided in the document of sale. transfer or conveyance, be subject to any such assignment of voting rights to any Mortgagee. Any such assignment of voting rights and any revocation or termination of any assignment of voting rights shall be in writing and shall be filed with the Secretary of the Association. 4. MEETINGS OF MEMBERS. 4.1 Place of Members' Meetings. Meetings of Members shall be held at the principal office of the Association or at such other place, within or convenient to the Subdivision, as may be fixed by the Board of Directors and specified in the notice of the meeting. 4.2 Annual Meetings of Members. Annual meetings of the Members shall be held in of each year beginning in 199 on such day and at such time of day as is fixed by the Board of Directors and specified in the notice of meeting. The annual meetings shall be held to transact such business as may properly come before the meeting. 3 4.3 Meetings of Members. Special meetings of the Members may be called by the Board of Directors of the Association or by Members holding not less than thirty-three percent (33%) of the total votes of all Members entitled to vote. No business shall be transacted at a special meeting of Members except as indicated in the notice thereof. 4.4 Record Date. For the purpose of determining Members entitled to notice of, or to vote at, any meeting of Members or in order to make a determination of such Members for any other proper purpose, the Board of Directors of the Association may fix, in advance, a date as the record date for any such determination of Members. The record date shall be not more than fifty (50) days prior to the meeting of Members or the event requiring a determination of Members. 4.5 Notice of Members' Meetings. Written notice stating the place, day and hour or any meeting shall be delivered not less than ten (10) nor more than fifty (50) days before the date of the meeting, either personally or by mail, by or at the direction of the President or the Secretary of the Association or the officers or persons calling the meeting, to each Member entitled to vote at such meeting. The notice of an annual meeting shall identify any matter which it is known may come before the meeting, including, but not limited to, the general nature of any proposed amendment to the Declaration or Bylaws, any Budget changes, and any proposal to remove an officer or member of the Board of Directors. The notice of a special meeting shall state the purpose or purposes for which the meeting is called. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail, addressed to the Member at his address as it appears on the records of the Association, with postage thereon prepaid. Such notice may be posted in a conspicuous place in the Subdivision, such as on a notice board outside the principal office of the Association, and such notice shall be deemed to be delivered to any Member upon such posting if such Member has not furnished an address for mailing of notice to the Association. 4.6 Proxies. A Member entitled to vote may vote in person or by proxy executed in writing by the Member or his duly authorized attorney-in-fact and filed with the Chairman of the meeting prior to the time the proxy is exercised. Any proxy may be revocable by attendance of a Member in person at a meeting or by revocation in writing filed with the Chairman of the meeting prior to the time the proxy is exercised. A proxy shall automatically cease upon the conveyance by a Member of the Lot of the Member and the transfer of the Membership on the books of the Association. No proxy shall be valid: (a) sixty (60) days after the date of its execution unless otherwise provided in the proxy; and, in any event, for no more than eleven (11) months after the date of its execution; and (b) unless the signatures of the Members providing the proxy are notarized; (c) the proxy contains the signature of all Members entitled to vote such interest; 4 (d) the proxy states the specific purpose and the specific meeting for which it was granted. Any form of proxy furnished or solicited by the Association and any form of written ballot furnished by the Association shall afford an opportunity thereon for Members to specify a choice between approval and disapproval of each matter or group of related matters which is known, at the time the form of proxy or written ballot is prepared, may come before the meeting and shall provide, subject to reasonably specified conditions, that if a Member specifies a choice with respect to any such matter, the vote shall be cast in accordance therewith. 4.7 Quorum at Members' Meetings. Except as may be otherwise provided in the Declaration, the Articles of Incorporation or these Bylaws, and except as hereinafter provided with respect to the calling of another meeting, the presence, in person or by proxy, of Members entitled to cast at least sixty-seven percent (67%) of the votes of all Members entitled to vote shall constitute a quorum at any meeting of such Members. Members present in person or by proxy at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of Members so as to leave less than a quorum. If the required quorum is not present in person or by proxy at any such meeting of Members, another meeting may be called, subject to the notice requirements hereinabove specified. 4.8 Adjournments of Members' Meetings. Members present in person or by proxy at any meeting may adjourn the meeting from time to time, whether or not a quorum shall be present in person or by proxy, without notice other than announcement at the meeting, for a total period or periods not to exceed thirty (30) days after the date set for the original meeting. At any adjourned meeting which is held without notice other than announcement at the meeting, the quorum requirement shall not be reduced or changed, but if the originally required quorum is present in person or by proxy, any business may be transacted which might have been transacted at the meeting as originally called. 4.9 Vote Required at Members' Meetings. At any meeting, if a quorum is present, a majority of the votes present in person or by proxy and entitled to be cast on a matter shall be necessary for the adoption of the matter, unless a greater proportion is required by law, the Declaration, the Articles of Incorporation or these Bylaws. 4.10 Order of Business. The order of business at any meeting of Members shall be as follows: (a) roll call to determine the voting power represented at the meeting; (b) proof of notice of meeting or waiver of notice; 5 (c) reading of minutes of preceding meeting; and (d) the conducting of the business for which the meeting was called. 4.11 Chairman of Meetings. At any meeting, the Members present shall select a Chairman and Secretary of the meeting. 4.12 Expenses of Meetings. The Association shall bear the expenses of all annual meetings of Members and of special meetings of Members. 4.13 Waiver of Notice. A waiver of notice of any meeting of Members, signed by a Member, whether before or after the meeting, shall be equivalent to the giving of notice of the meeting to such Member. Attendance of a Member at a meeting, either in person or by proxy, shall constitute waiver of notice of such meeting except when the Member attends for the express purpose of objecting to the transaction of business because the meeting is not lawfully called or convened. 4.14 Action of Members Without a Meeting. Any action required to be taken or which may be taken at a meeting of Members may be taken without a meeting if a consent, in writing, setting forth the action so taken, shall be signed by all of the Members entitled to vote with respect to the subject matter thereof. 5. BOARD OF DIRECTORS. 5.1 General Powers and Duties of Board. The Board of Directors shall have the duty to manage and supervise the affairs of the Association and shall have all powers necessary or desirable to permit it to do so. Without limiting the generality of the foregoing, the Board of Directors shall have the power to exercise or cause to be exercised for the Association, all of the powers, rights and authority of the Association, not reserved to Members, and provided in the Declaration, the Articles of Incorporation, these Bylaws and the Colorado Nonprofit Corporation Act. 5.2 Special Powers and Duties of Board. Without limiting the foregoing statement or general powers and duties of the Board of Directors or the powers and duties of the Board of Directors as set forth in the Declaration, the Board of Directors of the Association shall be vested with and responsible for the following specific powers and duties: (a) Assessments. The duty to fix and levy from time to time as it deems necessary assessments upon the Members of the Association as provided in the Declaration; to determine and fix the due date for the payment of such assessments and the date upon which the same shall become delinquent; and to enforce the payment of such delinquent assessments as provided in the Declaration. 6 (b) Taxes. The duty to pay all taxes and assessments levied upon the Association Properties, if any, and all taxes and assessments payable by the Association. The Board of Directors shall also have the power to contest any such taxes or assessments in accordance with the provisions contained in the Declaration. (c) Insurance. The duty to contract and pay premiums for fire and casualty and blanket liability and other insurance in accordance with the provisions of the Declaration. (d) Agents and Employees. The power to select, appoint, and remove all officers, agents, and employees of the Association and to prescribe such powers and duties for them as may be consistent with law, with the Articles of Incorporation, the Declaration and these Bylaws; and to fix their compensation and to require from them security for faithful service as deemed advisable by the Board. (e) Borrowing. The power, with the approval of Members representing at least sixty-seven percent (67%) of the voting power of the Association, to borrow money and to incur indebtedness for the purposes of the Association, and to cause to be executed and delivered therefor, in the Association's name, promissory notes, bonds, debentures, mortgages, pledges, hypothecations or other evidences of debt and securities therefor. (f) Enforcement. The power to enforce the provisions of the Declaration, the Rules and Regulations, these Bylaws or other agreements of the Association. (g) Delegation of Powers. The power to delegate its powers according to law. (h) Annexations. The power to annex additional real property to the Subdivision as more fully provided in the Declaration. 5.3 Qualifications of Directors. A Director may be natural person and must be an Owner of a Lot within the Subdivision. A Director may be reelected and there shall be no limit on the number of terms a Director may serve. 5.4 Number of Directors. The initial number of Directors of the Association shall be two (2). The number of Directors shall be increased in accordance with these Bylaws provided that the number of Directors shall not be less than two (2) and no decrease in number shall have the effect of shortening the term of any incumbent director. 5.5 Appointment, Election and Term of Office. Notwithstanding any other provision contained herein: (a) Prior to the time Members, other than Declarant, own twenty-five percent (25%) of the Lots, all Directors shall be appointees of Declarant. All Directors appointed by 7 Declarant shall be subject to removal at any time and from time to time by Declarant, in its sole and absolute discretion. (b) Within sixty (60) days after the time Members, other than Declarant, own twenty-five percent (25%) of the Lots within the Subdivision or whenever Declarant earlier determines, in its sole and absolute discretion, the Board of Directors shall be increased to three (3) Directors and the Association shall call a special meeting at which Members other than Declarant shall elect one (1) of the three (3) Directors. The remaining two (2) Directors shall be appointed by Declarant. The Director elected by the Members other than Declarant shall not be subject to removal by Declarant and, unless said Director sooner resigns or is removed, shall be elected for a term of two (2) years or until the happening of the event described in Section 5.5(d) below, whichever is shorter. If such Director's term expires or such Director resigns or is removed prior to the happening of the event described in Section 5.5(d) below, a successor shall be elected by the Members other than Declarant for a like term. (c) Within sixty (60) days after the time Members, other than Declarant, own fifty percent (50%) of the Lots within the Subdivision or whenever Declarant earlier determines, the Board of Directors shall be increased to five (5) Directors and the Association shall call a special meeting at which Members other than Declarant shall elect two (2) of the five (5) Directors. The remaining three (3) Directors shall be appointed by Declarant. The Directors elected by the Members other than Declarant shall not be subject to removal by Declarant and_ unless said Directors sooner resign or are removed, shall be elected for a term of two (2) years or until the happening of the event described in Section 5.5(d) below, whichever is shorter. If such Director's term expires or such Director resigns or is removed prior to the happening of the event described in Section 5.5(d) below, a successor shall be elected by the Members other than Declarant for a like term. (d) Within sixty (60) days after the time Members, other than Declarant, own seventy-five percent (75%) of the Lots within the Subdivision, or whenever Declarant earlier determines, in its sole and absolute discretion, the Declarant Control Period shall terminate. The Association shall call a special meeting at which time the Members, including Declarant, if Declarant is the owner of any Lots, shall elect all five (5) Directors. The Directors elected by the Members, including Declarant, shall serve until the first annual meeting following the termination of the Declarant's Control Period. If such annual meeting occurs within sixty (60) days after termination of the Declarant's Control Period, this subparagraph shall not apply and Directors shall be elected in accordance with paragraph 5.5(0 below. (e) Within sixty (60) days after the termination of the Declarant Control Period, Declarant shall deliver to the Association all property of the Owners and of the Association held by or controlled by Declarant, including without limitation the following items: 8 (i) the original, or a certified copy of, the Recorded Declaration as amended, the Association's Articles of Incorporation, Bylaws, minute books, other books and records; (ii) an accounting for Association funds and financial statements, from the date the Association received funds and ending on the date the Declarant's Control Period is terminated; (iii) the Association funds or control thereof; (iv) all insurance policies then in force, in which the Owners, the Association, or its Directors and Officers are named as insured persons; (v) a roster of Owners and Mortgagees and their addresses and telephone numbers, if known, as shown on Declarant's records; (vi) employment contracts in which the Association is a contracting party; and (vii) any service contract in which the Association is a contracting party or any other contract in which the Association or the Owners have any obligation to pay a fee to the persons performing the services. (f) At the first annual meeting of the membership after the termination of the Declarant's Control Period, the five (5) Directors shall be elected as follows; (i) directors shall be elected by the Members, including Declarant, if Declarant is the owner of any Lot in the Subdivision; (ii) three (3) Directors shall be elected for a term of two (2) years, and two (2) Directors shall be elected for a term of one (1) year; (iii) at the expiration of the initial term of office of each member of the Board of Directors and at each annual meeting thereafter, a successor shall be elected to serve for a term of two (2) years. 5.6 Removal of Directors. Except as set forth in Section 5.5, at any meeting of Members, the notice of which indicates such purpose, any Director may be removed, with or without cause, by vote of two-thirds (2/3) of the Members of the Association entitled to vote and a successor may be then and there elected to fill the vacancy thus created. 9 5.7 Resignation of Directors. Any Director may resign at any time by giving written notice to the President, to the Secretary or to the Board of Directors stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. 5.8 Vacancies in Directors. Any vacancy occurring in the Board of Directors shall. unless filled in accordance with Sections 5.5 and 5.6 or by election at a special meeting of Members, be filled by the affirmative vote of a majority of the remaining Directors, though less than a quorum of the Board of Directors. A Director elected or appointed to fill a vacancy shall be elected or appointed for the unexpired term of his predecessor in office. A Directorship to be filled by reason of an increase in the number of Directors shall be filled only by vote of the Members. 5.9 Executive Committee. The Board of Directors, by resolution adopted by a majority of the Directors in office, may designate and appoint an Executive Committee, which shall consist of three (3) Directors and which, unless otherwise provided in such resolution, shall have and exercise all the authority of the Board of Directors except authority with respect to the matters specified in the Colorado Nonprofit Corporation Act and the Colorado Common Interest Ownership Act as matters which such committee may not have and exercise the authority of the Board of Directors. 5.10 Other Committees of Association. The Board of Directors, by resolution adopted by a majority of the Directors in office, may designate and appoint one or more other committees, which may consist of or include Members who are not Directors. Any such committee shall have and exercise such authority as shall be specified in the resolution creating such Committee except such authority as can only be exercised by the Board of Directors. 5.11 General Provisions Applicable to Committees. The designation and appointment of any committee and the delegation thereto of authority shall not operate to relieve the Board of Directors, or any individual Director, of any responsibility imposed upon it or him by law. The provisions of these Bylaws with respect to notice of meeting, waiver of notice, quorums, adjournments, vote required and action by consent applicable to meetings of Directors shall be applicable to meetings of committees of the Board of Directors. 5.12 Maintenance of Fidelity Insurance. In the event that the Board of Directors delegates its powers with respect to collection, deposit transfer, or disbursement of Association funds to other persons or to a managing agent, as authorized by these Bylaws and the Colorado Common Interest Ownership Act, then in connection with such delegation of powers, the Board of Directors shall require: (a) that the other persons or managing agent maintain fidelity insurance coverage or a bond in an amount not less than the minimum required by the Act or such higher amount as the Board of Directors or Executive Committee may require; 10 (b) that the other persons or managing agent maintain all funds in accounts of the Association separate from the funds and accounts of other associations managed by the other persons or managing agent and maintain all reserve accounts of each association so managed separate from operational accounts of the Association; and (c) that an annual accounting for Association funds and a financial statement be prepared and presented to the Association by the managing agent, a public accountant, or a certified public accountant. 6. MEETINGS OF DIRECTORS. 6.1 Place of Directors Meetings. Meetings of the Board of Directors shall be held at the principal office of the Association or at such other place, within or convenient to the Subdivision, as may be fixed by the Board of Directors and specified in the notice of the meeting. 6.2 Annual Meeting of Directors. Annual meetings of the Board of Directors shall be held on the same date as, or within ten (10) days following, the annual meeting of Members. The business to be conducted at the annual meeting of Directors shall consist of the appointment of officers of the Association and the transaction of such other business as may properly come before the meeting. No prior notice of the annual meeting of the Board of Directors shall be necessary if the meeting is held on the same day and at the same place as the annual meeting of Members at which the Board of Directors is elected or if the time and place of the annual meeting of the Board of Directors is announced at the annual meeting of such Members. 6.3 Other Regular Meetings of Directors. The Board of Directors shall hold regular meetings annually and may, by resolution, establish in advance the times and places for such regular meetings. No prior notice of any regular meetings need be given after establishment of the times and places thereof by such resolution. 6.4 Special Meetings of Directors. Special meetings of the Board or Directors may be called by the President or any two (2) members of the Board of Directors. 6.5 Notice of Directors' Meetings. In the case of all meetings of Directors for which notice is required, notice stating the place, day and hour of the meeting shall be delivered not less than three (3) nor more than fifty (50) days before the date of the meeting, by mail, telegraph, telephone or personally, by or at the direction of the persons calling the meeting, to each member of the Board of Directors. If mailed, such notice shall be deemed to be delivered at 5:00 p.m. on the second business day after it is deposited in the mail addressed to the Director at his home or business address as either appears on the records of the Association, with postage thereon prepaid. If by telephone, such notice shall be deemed to be delivered when given by telephone to the Director or to any person answering the phone who sounds competent and mature at the home or business phone number as either appears on the records of the Association. If given personally, such notice shall 11 be deemed to be delivered upon delivery of a copy of a written notice to, or upon verbally advising, the Director or some person who appears competent and mature at his home or business address as either appears on the records of the Association. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board of Directors need be specified in the notice or waiver of such meeting. 6.6 Proxies. A Director shall not be entitled to vote by proxy at any meeting of Directors. 6.7 Quorum of Directors. A majority of the number of Directors fixed in these Bylaws shall constitute a quorum for the transaction of business. 6.8 Adjournment of Director's Meetings. Directors present at any meeting of Directors may adjourn the meeting from time to time, whether or not a quorum shall be present, without notice other than an announcement at the meeting, for a total period or periods not to exceed thirty (30) days after the date set for the original meeting. At any adjourned meeting which is held without notice other than announcement at the meeting, the quorum requirement shall not be reduced or changed, but if the originally required quorum is present, any business may be transacted which may have been transacted at the meeting as originally called. 6.9 Vote Required at Directors' Meeting. At any meeting of Directors, if a quorum is present, sixty-seven percent (67%) of the votes present in person and entitled to be cast in a matter shall be necessary for the adoption of the matter. 6.10 Order of Business. The order of business at all meetings or Directors shall be as follows: (a) roll call; (b) proof of notice of meeting or waiver of notice; (c) reading of minutes of preceding meeting; (d) reports of officers; (e) reports of committees; (f) unfinished business; and (g) new business. 6.11 Officers at Meetings. The President shall act as chairman and the Board of Directors shall elect a Director to act as secretary at all meetings of Directors. 12 6.12 Waiver of Notice. A waiver of notice of any meeting of the Board of Directors, signed by a Director, whether before or after the meeting, shall be equivalent to the giving of notice of the meeting to such Director. Attendance of a Director at a meeting in person shall constitute waiver of notice of such meeting except when the Director attends for the express purpose of objecting to the transaction of business because the meeting is not lawfully called or convened. 6.13 Action of Directors Without a Meeting. Any action required to be taken or which may be taken at a meeting of Directors. may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Directors. 7. OFFICERS. 7.1 Officers, Employees and Agents. The officers of the Association shall consist of a President, a Secretary, and a Treasurer and such other officers, including one or more Vice - Presidents, employees and agents as may be deemed necessary by the Board of Directors. Officers other than the President need not be Directors. No person shall simultaneously hold more than one office except the offices of Secretary and Treasurer. 7.2 Appointment and Term of Office of Officers. The officers shall be appointed by the Board of Directors at the annual meeting of the Board of Directors and shall hold office, subject to the pleasure of the Board of Directors until the annual meeting of the Board of Directors or until their successors are appointed, whichever is later, unless the officer resigns, or is removed earlier. 7.3 Removal of Officers. Any officer, employee or agent may be removed by the Board of Directors, with or without cause, whenever in the Board's judgment the best interests of the Association will be served thereby. The removal of an officer, employee or agent shall be without prejudice to the contract rights, if any, of the officer, employee or agent so removed. Election or appointment of an officer, employee or agent shall not of itself create contract rights. 7.4 Resignation of Officers. Any officer may resign at any time by giving written notice to the President, to the Secretary or to the Board of Directors of the Association stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. 7.5 Vacancies in Officers. Any vacancy occurring in any position as an officer may be filled by the Board of Directors. An Officer appointed to fill a vacancy shall be appointed for the unexpired term of his predecessor in office. 7.6 President. The President shall be a member of the Board of Directors; shall be the principal executive officer of the Association; shall, subject to the control of the Board of Directors, direct, supervise, coordinate and have general control over the affairs of the Association; and shall 13 have the powers generally attributable to the chief executive officer of a corporation. The President shall preside at all meetings of the Board of Directors and of Members of the Association. 7.7 Vice President. The Vice President may act in place of the President in case of his death, absence or inability to act, and shall perform such other duties and have such authority as is from time to time delegated by the Board of Directors or by the President. 7.8 Secretary. The Secretary shall be the custodian of the records and the seal of the Association and shall affix the seal to all documents requiring the same; shall see that all notices are duly given in accordance with the provisions of these Bylaws and as required by law and that the books, reports and other documents and records of the Association are properly kept and filed; shall take or cause to be taken and shall keep minutes of the meetings of Members, of the Board of Directors and of committees of the Board; shall keep at the principal office of the Association a record of the names and addresses of the Members; and, in general, shall perform all duties incident to the office of Secretary and such other duties as may, from time to time, be assigned to him by the Board of Directors or by the President. The Board may appoint one or more Assistant Secretaries who may act in place of the Secretary in case of his death, absence or inability to act. 7.9 Treasurer. The Treasurer shall have charge and custody of, and be responsible for, all funds and securities of the Association; shall deposit all such funds in the name of the Association in such depositories as shall be designated by the Board of Directors; shall keep correct and complete financial records and books of account and records of financial transactions and condition of the Association and shall submit such reports thereof as the Board of Directors may, from time to time, require; and, in general, shall perform all the duties incident to the office of Treasurer and such other duties as may from time to time be assigned to him by the Board of Directors or by the President. The Board may appoint one or more Assistant Treasurers who may act in place of the Treasurer in case of his death, absence or inability to act. 8. INDEMNIFICATION OF OFFICIALS AND AGENTS. 8.1 Certain Definitions. A "Corporate Official" shall mean any Director or officer, and any former Director or officer of the Association. A "Corporate Employee" shall mean any employee and any former employee of the Association. "Expenses" shall mean all costs and expenses, including attorneys' fees, liabilities, obligations, judgments and any amounts paid in reasonable settlement of a Proceeding. "Proceeding" shall mean any claim, action, suit or proceeding, whether threatened, pending or completed, and shall include appeals. 8.2 Right of Indemnification. The Association shall indemnify any Corporate Official and any Corporate Employee against any and all Expenses actually and necessarily incurred by or imposed upon him to the fullest extent provided by law. The right of indemnification shall not extend to any matter as to which such indemnification would not be lawful under the laws of the State of Colorado. 14 (a) Standards of Conduct. The Association shall indemnify any Corporate Official and any Corporate Employee against liability incurred in or as a result of the Proceeding if the Corporate Official or Corporate Employee: (i) conducted himself or herself in good faith; (ii) reasonably believed (1), in the case of a Director acting in his or her official capacity, that his or her conduct was in the Association's best interests, or (2), in all other cases, that the Corporate Official's or Corporate Employee's conduct was at least not opposed to the Association's best interests; and (iii) in the case of any criminal proceeding, the Corporate Official and Corporate Employee had no reasonable cause to believe his or her conduct was unlawful. (b) Settlement. The termination of any Proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, is not of itself determinative that the Corporate Official or Corporate Employee did not meet the applicable standards of conduct as set forth in Section 8.2(a). 8.3 Indemnification Prohibited. The right of indemnification shall not extend to matters as to which the Corporate Official or Corporate Employee: (a) has been adjudged liable for gross negligence or willful misconduct in the performance of the Corporate Official's or Corporate Employee's duty to the Association; or (b) in connection with any Proceeding charging improper personal benefit to such Corporate Official or Corporate Employee, in which the party was adjudged liable on the basis that personal benefit was improperly received by such Corporate Official or Corporate Employee (even if the Association was not thereby damaged). Notwithstanding the foregoing, the Association shall indemnify such Corporate Official or Corporate Employee if and to the extent required by the court conducting the Proceeding, or any other court of competent jurisdiction to which such Corporate Official or Corporate Employee has applied, if it is determined by such court, upon application by such Corporate Official or Corporate Employee, that despite the adjudication of liability in the circumstances in Sections 8.3(a) and 8.3(b) or whether or not the party met the applicable standards of conduct set forth in Section 8.2(a), and in view of all relevant circumstances, the Corporate Official or Corporate Employee is fairly and reasonably entitled to indemnification for such expenses as the court deems proper in accordance with the Colorado Nonprofit Corporation Code. 15 8.4 Prior Authorization Required. Any indemnification under Section 8.2 (unless ordered by a court or in accordance with Section 8.5 below) shall be made by the Association only if authorized in the specific case after a determination has been made that the Corporate Official or Corporate Employee is eligible for indemnification in the circumstances because such Corporate Official or Corporate Employee has met the applicable standards of conduct set forth in Section 8.2(a) and after an evaluation has been made as to the reasonableness of the Expenses. Any such determination, evaluation and authorization shall be made by the Board of Directors by a majority vote of a quorum of such Board, which quorum shall consist of Directors not parties to the Proceeding, or by such other person or body as permitted by law. 8.5 Success on Merits or Otherwise. Notwithstanding any other provision of this Article 8, the Association shall indemnify such Corporate Official or Corporate Employee to the extent that such party has been successful, on the merits or otherwise, including, without limitation, dismissal without prejudice or settlement without admission of liability, in defense of any Proceeding to which the party was a party against Expenses incurred by such party in connection therewith. 8.6 Advancement of Expenses. The Association shall pay for or reimburse the Expenses, or a portion thereof, incurred by a party in advance of the final disposition of the Proceeding if: (a) the party furnishes the Association a written affirmation of such party's good faith belief that he or she has met the standard of conduct described in Section 8.2(a)(i): (b) the party furnishes the Association a written undertaking, executed personally or on behalf of such party, to repay the advance if it is ultimately determined that the party did not meet such standard of conduct; and (c) authorization of payment and a determination that the facts then known to those making the determination would not preclude indemnification under this Article have been made in the manner provided in Section 8.4. The undertaking required by Section 8.6(b) must be an unlimited general obligation of the party, but need not be secured and may be accepted without reference to financial ability to make repayment. 8.7 Payment Procedures. The Association shall promptly act upon any request for indemnification, which request must be in writing and accompanied by the order of court or other reasonably satisfactory evidence documenting disposition of the Proceeding in the case of indemnification under Section 8.4 and by the written affirmation and undertaking to repay as required by Section 8.5 in the case of indemnification under such Section. The right to indemnification and advances granted by this Article shall be enforceable in any court of competent jurisdiction if the Association denies the claim, in whole or in part, or if no disposition of such claim is made within ninety (90) days after written request for indemnification is made. A party's 16 Expenses incurred in connection with successfully establishing such party's right to indemnification, in whole or in part, in any such Proceeding shall also be paid by the Association. 8.8 Notification to Members. Any indemnification of or advance of Expenses to a Director (but not to any other party) in accordance with this Article. if arising out of a Proceeding by or on behalf of the Association, shall be reported in writing to the Members with or before the notice of the next meeting of Members. 8.9 Authority to Insure. The Association may purchase and maintain liability insurance on behalf of any Corporate Official or Corporate Employee against any liability asserted against him and incurred by him as a Corporate Official or Corporate Employee or arising out of his status as such, including liabilities for which a Corporate Official or Corporate Employee might not be entitled to indemnification hereunder. 8.10 Right to Impose Conditions to Indemnification. The Association shall have the right to impose, as conditions to any indemnification provided or permitted in this Article, such reasonable requirements and conditions as may appear appropriate to the Board of Directors in each specific case and circumstances, including, but not limited to, any one or more of the following: (a) that any counsel representing the party to be indemnified in connection with the defense or settlement of any proceeding shall be counsel mutually agreeable to the party and to the Association; (b) that the Association shall have the right, at its option, to assume and control the defense or settlement of any Proceeding made, initiated, or threatened against the party to be indemnified; and (c) that the Association shall be subrogated, to the extent of any payments made by way of indemnification, to all of the indemnified party's right of recovery, and that the party to be indemnified shall execute all writings and do everything necessary to assure such rights of subrogation to the Association. 8.11 Other Rights and Remedies. The indemnification provided by this Article shall be in addition to any other rights which a party may have or hereafter acquire under any law, provision of the Articles of Incorporation, any other or further provision of these Bylaws, vote of the Members or Board of Directors, agreement, or otherwise. 8.12 Applicability; Effect. The indemnification provided in this Article shall be applicable to acts or omissions that occurred prior to the adoption of this Article, shall continue as to any party entitled to indemnification under this Article who has ceased to be a Director, officer, or employee of the Association. The repeal or amendment of this Article or of any Section or provision hereof that would have the effect of limiting, qualifying, or restricting any of the powers 17 or rights of indemnification provided or permitted in this Article shall not, solely by reason of such repeal or amendment, eliminate, restrict, or otherwise affect the right or power of the Association to indemnify any person, or affect any rights of indemnification of such person, with respect to any acts or omissions that occurred prior to such repeal or amendment. All rights to indemnification under this Article shall be deemed to be provided by a contract between the Association and each party covered hereby. 8.13 Indemnification of Agents. The Association shall have the right, but shall not be obligated, to indemnify any agent of the Association not otherwise covered by this Article to the fullest extent permissible by the laws of Colorado. Unless otherwise provided in any separate indemnification arrangement, any such indemnification shall be made only as authorized in the specific case in the manner provided in Section 8.3. 8.14 Savings Clause; Limitation. If this Article or any Section or provision hereof shall be invalidated by any court on any ground, or if the Colorado Nonprofit Corporation Act is amended in such a way as to affect this Article, then the Association shall nevertheless indemnify each party otherwise entitled to indemnification hereunder to the fullest extent permitted by law or any applicable provision of this Article that shall not have been invalidated. 9. MISCELLANEOUS. 9.1 Amendment of Bylaws. The Board of Directors shall not have the power to alter, amend or repeal these Bylaws or to adopt new Bylaws. The Members, at a meeting called for that purpose, shall have the sole power to alter, amend or repeal the Bylaws and to adopt new Bylaws by a majority of votes present at the meeting and entitled to vote hereunder, if a quorum is present. The Bylaws may contain any provision for the regulation or management of the affairs of the Association not inconsistent with law, the Declaration or the Articles of Incorporation. Notwithstanding anything to the contrary contained herein, prior to the termination of the Declarant's'Control Period, these Bylaws shall not be amended without Declarant's prior written consent and approval. 9.2 Compensation of Officers, Directors and Members. No Director or Officer shall have the right to receive any compensation from the Association for serving as such Director except for reimbursement of expenses as may be approved by resolution of disinterested members of the Board of Directors. 9.3 Books and Records. The Association shall keep correct and complete books and records of account and shall keep, at its principal office in Colorado, a record of the names and addresses of its Members, including Declarant, and copies of the Declaration, the Articles of Incorporation and these Bylaws which may be purchased by any Member at reasonable cost. All books and records of the Association, including the Articles of Incorporation, Bylaws as amended and minutes of meetings Members and Directors may be inspected by any Member, or his agent or 18 attorney, and any First Mortgagee of a Member for any proper purpose. The right of inspection shall be subject to any reasonable rules adopted by the Board of Directors requiring advance notice of inspection, specifying hours and days of the week during which inspection will be permitted and establishing reasonable fees for any copies to be made or furnished. 9.4 Annual Report. The Board of Directors shall cause to be prepared and distributed to each Member and to each First Mortgagee who has filed a written request therefor, not later than ninety (90) days after the close of each fiscal year of the Association, an annual report of the Association containing: (a) an income statement reflecting income and expenditures of the Association for such fiscal year; (b) a balance sheet as of the end of such fiscal year; (c) a statement of changes in financial position for such fiscal year; and (d) a statement of the place of the principal office of the Association where the books and records of the Association, including a list of names and addresses of current Members, may be found. The financial statements of the Association shall be reviewed by an independent public accountant and a report based upon such review shall be included in the annual report. 9.5 Statement of Account. Upon written request of an Owner of a Lot or any person with any right, title or interest in a Lot or intending to acquire any right, title or interest in a Lot, the Association shall furnish a written statement of account setting forth the amount of any unpaid assessments, or other amounts, if any, due or accrued and then unpaid with respect to the Lot, the Owner of the Lot and the amount of the assessments for the current fiscal period of the Association payable with respect to the Lot. Such statement shall be issued within fourteen (14) business days after receipt of such request by the Association and, with respect to the party to whom it is issued, shall be conclusive against the Association and all parties, for all purposes, that no greater or other amounts were then due or accrued and unpaid and that no other assessments have then been levied. 9.6 Biennial Corporate Reports. The Association shall file with the Secretary of State of Colorado, within the time prescribed by law, biennial Corporate reports on the forms prescribed and furnished by the Secretary of State and containing the information required by law and shall pay the fee for such filing as prescribed by law. 9.7 Fiscal Year. The fiscal year of the Association shall begin on January 1 and end the succeeding December 31, except that the first fiscal year shall begin on the date of incorporation. The fiscal year may be changed by the Board of Directors without amending these Bylaws. 19 9.8 Seal. The Board of Directors may adopt a seal which shall have inscribed thereon the name of the Association and the words "SEAL" and "COLORADO." 9.9 Shares of Stock and Dividends Prohibited. The Association shall not have or issue shares of stock and no dividend shall be paid and no part of the income or profit of the Association shall be distributed to its Members directors or officers. Notwithstanding the foregoing paragraph. the Association may issue certificates evidencing membership therein, may confer benefits upon its Members in conformity with its purposes and, upon dissolution or final liquidation, may make distributions as permitted by law, and no such payment, benefit or distribution shall be deemed to be a dividend or distribution of income or profit. 9.10 Loans to Directors and Officers Prohibited. No loan shall be made by the Association to any Director or officer, and any Director or officer who assents to or participates in the making of any such loan shall be liable to the Association for the amount of such loan until the repayment thereof. 9.11 Limited Liability. As provided in the Articles of Incorporation and Declaration, the Association, the Board of Directors, Declarant, and anv Member. agent or employee of any of the same, shall not be liable to any Person for any action or for anv failure to act if the action taken or failure to act was in good faith and without malice. 9.12 Special Rights of First Mortgagees. Any First Mortgagee of a Mortgage encumbering any Lot in the Subdivision, upon filing a written request therefor with the Association, shall be entitled to: (a) receive written notice from the Association of any default by the Mortgagor of such Lot in the performance of the Mortgagor's obligations under the Declaration, the Articles of Incorporation, these Bylaws or Rules and Regulations, which default is not cured within sixty (60) days after the Association learns of such default; (b) hours; examine the books and records of the Association during normal business (c) receive a copy of financial statements of the Association including any annual financial statement within ninety (90) days following the end of any fiscal year of the Association; (d) receive written notice of all meetings of Members; (e) designate a representative to attend any meeting of Members; 20 (f) receive written notice of abandonment or termination of the Declaration; (g) receive thirty (30) days' written notice prior to the effective date of any proposed, material amendment to the Declaration, the Articles of Incorporation or these Bylaws; and (h) receive immediate written notice as soon as the Association receives notice or otherwise learns of any damage to the Association Properties if the cost of reconstruction exceeds Ten Thousand Dollars ($10.000.00) and as soon as the Association receives notice or otherwise learns of any condemnation or eminent domain proceedings or other proposed acquisition with respect to any portion of the Association Properties. 9.13 Minutes and Presumptions Thereunder. Minutes or any similar record or the meetings of Members, or of the Board of Directors, when signed by the Secretary or acting Secretary of the meeting, shall be presumed to truthfully evidence the matters set forth therein. A recitation in any such minutes that notice of the meeting was properly given shall be prima facie evidence that the notice was given. 9.14 Record of Mortgagees. Under the Declaration, First Mortgagees have certain special rights. Therefore, any such First Mortgagee or, upon the failure of such First Mortgagee, any Member who has created or granted a First Mortgage, shall give written notice to the Association, through its Manager, or through the Secretary in the event there is no Manager, which notice shall give the name and address of the First Mortgagee and describe the Lot encumbered by the First Mortgage. The Association shall maintain such information in a book entitled "Record of First Mortgages on Lots." Any such First Mortgagee or such Member shall likewise give written notice to the Association at the time of release or discharge of any such First Mortgage. 9.15 Checks, Drafts and Documents. All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness, issued in the name of or payable to the Association, shall be signed or endorsed by such person or persons, and in such manner as, from time to time, shall be determined by resolution of the Board of Directors. 9.16 Execution of Documents. The Board of Directors, except as these Bylaws otherwise provide, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name and on behalf of the Association, and such authority may be general or confined to specific instances; and unless so authorized by the Board of Directors, no officer, agent or employee shall have any power or authority to bind the Association by any contract or engagement or to pledge its credit or to render it liable for any purpose or in any amount. 21 CERTIFICATE OF SECRETARY I, the undersigned, do hereby certify that: 1. I am the duly elected and acting Secretary of The Rapids on the Colorado Homeowners Association, a Colorado non-profit corporation ("Association"); and 2. The foregoing Bylaws, comprising 22 pages including this page, constitute the Bylaws of the Association duly adopted by unanimous consent of the Board of Directors of the Association. IN WITNESS WHEREOF, I have hereunto subscribed my hand and affixed the seal of the Association this day of , 199 . (SEAL) Secretary 22 QUITCLAIM DEED This deed, made this day of , 1997, between THE RAPIDS ON THE COLORADO RIVER, LLC (Grantor) and THE RAPIDS ON COLORADO HOMEOWNERS ASSOCIATION (Grantee): WITNESSETH, that the grantor for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and quit claimed, and by these presents does remise, release, sell, convey and quit claim unto grantee, its successors and assigns forever, all right, title, interest, claim and demand which the Grantor has in and to those parcels of land depicted and described as "Common Open Space" on the plat file for public record in the Office of the Clerk and Recorder of Garfield County, Colorado as Reception No. (Hereinafter collectively "Properties"), subject to the following conditions and limitations: 1. The Properties shall be used by the members of the Rapids on the Colorado Homeowners Association exclusively, as open space and said use shall be subject to all the limitations and conditions contained and set forth within the plat filed for public record in the Office of the Clerk and Recorder of Garfield County, Colorado as Reception No. (Hereinafter "Final Plat"), Garfield County Board of Commissioner Resolution No. 96-70 and the Protective Covenants for the Rapids on the Colorado Subdivision, filed for public record in the Office of the Clerk and Recorder of Garfield County, Colorado at Book , Page , Reception No, 2. All costs and expenses incident to the maintenance and upkeep of the Properties shall be the exclusive responsibility of the Rapids on the Colorado Homeowners Association. 3. The grant herein is subject to all easements and rights of way of record or presently in place within the Properties and/or depicted therein upon the Final Plat and subject to the rights of the beneficiaries of such easements and rights of way to make use thereof. It is the purpose herein that the terms and conditions hereof shall extend to and be binding upon the Properties and shall be a covenants running with the land. Quit Claim Deed - Water Rights Page 1 IN WITNESS WHEREOF, the Grantor has executed this deed on the date first set forth above. The Rapids on the Colorado River, LLC By GENE R. HILTON, Manager 2102 W. Arapahoe Dr. Littleton CO 80120 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing was acknowledged before me this day of , 1997, by GENE R. HILTON, Manager for the Rapids on the Colorado River, LLC. WITNESS my hand and official seal. NOTARY PUBLIC My commission expires: Address: Quit Claim Deed - Water Rights Page 2 QUITCLAIM DEED This deed, made this day of , 1997, between GENE R. HILTON (Grantor) and THE RAPIDS ON COLORADO RIVER, LLC (Grantee): WITNESSETH, that the grantor for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and quit claimed, and by these presents does remise, release, sell, convey and quit claim unto grantee, its successors and assigns forever, an undivided 19.7% interest in and to all right, interest, claim and demand which the Grantor has in and to the Moore Ditch water rights, if any, situate, lying and being in the County of Garfield and State of Colorado and more particularly described as follows: STRUCTURE SOURCE AMOUNT (CFS) APPROP. PRIORITY COURT CASE DATE #_ Moore Ditch Garfield 6/15/1882 3 CA89 Creek Moore Ditch (First Garfield 1.33 6/01/1883 14 CA1405 Enlargement) Creek Said undivided interest in and to the above water rights represent 32.52 acre feet of consumptive use under the augmentation plan as decreed in Case No. W-3262. THERE IS ALSO HEREBY CONVEYED: 32.52 acre feet of augmentation water as decreed under the aforementioned Case No. W-3262. This conveyance is expressly made subject to the terms and conditions contained within the Memorandum of Agreement executed by Gene R. Hilton and the Rapids on the Colorado Homeowners Association filed for public record in the Office of the Clerk and Recorder of Garfield County, Colorado at Book Page and Reception No. Quit Claim Deed - Water Rights Page 1 IN WITNESS WHEREOF, the Grantor has executed this deed on the date first set forth above. STATE OF COLORADO ) ss. COUNTY OF GARFIELD By GENE R. HILTON 2102 W. Arapahoe Dr. Littleton CO 80120 The foregoing was acknowledged before me this day of , 1997, by GENE R. HILTON. WITNESS my hand and official seal. NOTARY PUBLIC My commission expires: Address: Quit Claim Deed - Water Rights Page 2 1' DEED OF EASEMENT THIS DEED is made this — day of , 1997 by and between THE RAPIDS ON THE COLORADO RIVER, LLC, a Colorado Limited Liability Company (Hereinafter "Grantor"), whose address is 2102 W. Arapahoe Dr. Littleton CO 80120, and THE RAPIDS ON THE COLORADO HOMEOWNERS ASSOCIATION, a Colorado Nonprofit Corporation, (Hereinafter "Grantee"), whose address is the same as that stated above. RECITALS: 1. Whereas,Grantor is the record owner of that certain real property located within the County of Garfield, State of Colorado, described as The Rapids on the Colorado Subdivision (Hereinafter "Subdivision"), according to the plat thereof filed for public record in the Office of the Clerk an Recorder of Garfield County as Reception No. , which property is also identified and defined as the Rapids on the Colorado Common Interest Community by the Declaration of Protective Covenants for the Subdivision recorded as Reception No. , in the records of the Clerk and Recorder of Garfield County, Colorado. 2. Whereas, Grantee pursuant to the Declaration of Protective Covenants for the Rapids on the Colorado Subdivision is responsible for exercising the functions of a homeowners association under the Colorado Common Ownership Interest Act for the Subdivision, which functions include the responsibility of operating and maintaining the water storage tank, delivery lines and other facilities which provide the domestic water supply to the Subdivision. 3. Whereas, a portion of the Water System is located on other property owned by Granntor, more particularly described in Exhibit A attached hereto and incorporated herein, situate on lands outside of the Subdivision. 4. Whereas, pursuant to Paragraph IV.B. of the Subdivision Improvement Agreement executed by Grantor and the Board of Commissioners, Garfield County, Colorado and filed for public record in the Office of the Clerk and Recorder, Garfield County, Colorado, Grantor is obligated to convey to the Association property interests in and to the Water System sufficient to allow the operation and maintenance of the Water System above described. 5. Whereas, in furtherance of the above, Grantor has agreed to grant the nonexclusive easement herein described. GRANT OF EASEMENT NOW THEREFORE, Grantor, for and in consideration of the sum of Ten Dollars, and Deed of Easement Page 1 i other good and valuable consideration, in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants and conveys to the Grantee, its successors and assigns, a perpetual nonexclusive easement on, over and across the following described real property: a. that property encompassed within the width of twenty (20) feet centered upon all water lines and pipes appurtenant to the Water System above described. b. that property encompassed within the width of thirty (30) feet centered upon the length of the water storage tank access road appurtenant to the Water System above described. c. that property encompassed within the radial width of forty (40) feet centered upon the water storage tank appurtenant to the Water System above described. (Hereinafter collectively "Subject Property"), upon the following terms and conditions: 1. Purpose and Scope of Easement. The purpose and scope of the easement granted hereby is to facilitate the operation by the Association of the Water System for the use and benefit of the members of the Association. 2. Binding Effect; Covenant Running with the Subject Property. This Deed of Easement and all rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns, and shall be deemed to be a burden running with the Subject Property. IN WITNESS WHEREOF, Grantor has executed the within Deed of Easement this day of , 1997. By The Rapids on the Colorado River, LLC By Gene R. Hilton, Manager 2102 W. Arapahoe Dr. Littleton CO 80120 Deed of Easement Page 2 STATE OF COLORADO ) ) ) The above and foregoing was acknowledged before me this day of 1997, by Gene R. Hilton, Manager of the Rapids on the Colorado, LLC. WITNESS my hand and seal My commission expires: Address: NOTARY PUBLIC Deed of Easement Page 3 BILL OF SALE KNOW ALL BY THESE PRESENTS, that THE RAPIDS ON COLORADO RIVER, LLC, a Colorado limited liability Company, whose address is 2102 W. Arapahoe Dr, Littleton CO 80120 (Seller) for and in consideration of the sum of Ten Dollars ($10.00) to him in hand paid, at or before the ensealing or delivery of these presents by RAPIDS ON THE COLORADO HOMEOWNERS ASSOCIATION (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, to the following property, goods and chattels, to -wit: water storage tank,carrying pipes, pumps, well permits for Rapids Well No.1 and No. 2 (Permit Nos. 047793 and 047792) and all other facilities associated with and/or appurtenant to the Rapids on the Colorado Subdivision (Subdivision), located upon the real property more particularly described in Exhibit A, attached herewith and incorporated herein by this reference. TO HAVE AND TO HOLD the same unto the said Buyer, its successors and assigns, forever. The Seller covenants and agrees to and with the Buyer, its successors and assigns, to warrant and defend the sale of said property, goods and chattels, against all and every person or persons whomever. This conveyance is expressly made subject to the terms and conditions of the Memorandum of Agreement executed by Gene R. Hilton and the Rapids on the Colorado Homeowners Association filed for public record in the Office of the Clerk and Recorder of Garfield County, Colorado at Book , Page and Reception No. IN WITNESS WHEREOF the Seller has executed this Bill of Sale this day of , 1997. The Rapids on the Colorado River, LLC By GENE R. HILTON, Manager 2102 W. Arapahoe Dr. Littleton CO 80120 STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing was acknowledged before me this day of , 1997, by GENE R. HILTON, Manager of the Rapids on the Colorado River, LLC. WITNESS my hand and official seal. My commission expires: Address: NOTARY PUBLIC BOUNDARY LINE AFFIDAVIT STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) GENE R. HILTON ("Hilton"), individually, and as tenant in common with MARY JO HILTON, and MARY JO HILTON ("MJ. Hilton"), as tenant in common with Gene Hilton state as follows: 1. Hilton represents that he is the owner of certain real property containing approximately 23 acres more or less and located in the unincorporated area of Garfield County, Colorado, which property is included within the property described in the Deed recorded in the public records of the Office of the Clerk and Recorder, Garfield County, Colorado at Book 479 Page 423A. 2. Hilton and MJ. Hilton represent that they are the owners in common of certain real property containing approximately 41 acres more or less and located in the unincorporated area of Garfield County, Colorado, which property is included within the property described in the Deed recorded in the public records of the Office of the Clerk and Recorder, Garfield County, Colorado at Book 713 Page 613. 3. The above described parcels are contiguous. 4. Hilton and MJ Hilton have agreed to combine the above described parcels into a single parcel of land to be held by them as tenants in common, and in furtherance thereof have agreed to covey to each other pursuant to reciprocal quit claim deed, equal interests, as tenants in common, in and to the land more particularly described in Exhibit A, attached hereto and incorporated herein by this reference. 5. Each party hereto is desirous of adjusting the boundary lines of its properties to reflect the conveyance described in Paragraph 4 above, and are signing this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984 (1:64). 6. The undersigned hereby represent that no new lots will be created as a result of the conveyance described in Paragraph 4 above, that they are the sole parties impacted by this boundary line adjustment, and that Garfield County will not be required to issue any building permits, other than those which it would be required to issue in the absence of said conveyance. 7. The undersigned hereby represent that none of the properties described herein are part of a previously platted subdivision of record. 8. The undersigned further represent that the above referenced conveyance will not cause loss of access by road or cut off utilities to any parcel of property involved and that notice of the above described legal description was given to the Department of Development within thirty (30) days of the conveyance described herein. 9. The undersigned hereby represent that a copy of this Affidavit will be recorded with the Garfield County Clerk and Recorder. 10. The boundary line adjustment affidavit may be executed in multiple counterparts, each of which shall be deemed an original for all purposes. Executed this day of , 1997. STATE OF COLORADO COUNTY OF By Gene R. Hilton, individually and as tenant in common with Mary Jo Hilton The foregoing instrument was acknowledged before me this day of , 1997, by GENE R. HILTON, individually and as tenant in common with Mary Jo Hilton WITNESS my hand and official seal. My commission expires: Address: NOTARY PUBLIC Boundary Line Affidavit Page 2 STATE OF COLORADO ) ss. COUNTY OF By Mary Jo Hilton, The foregoing instrument was acknowledged before me this day of 1997, by MARY JO HILTON. WITNESS my hand and official seal. My commission expires: Address: NOTARY PUBLIC Boundary Line Affidavit Page 3 A' Fact of /ond situated in S£1/45W1/4 and SM'1/4SE1/4 of Section 4 and NW1/4NE1/4 of Section 9 aN in Township 6 South, Rungs 91 West of the eth P. A/. sold tract being o portion of thot tract descnbed sive Book 479 of Pogo 42J and thot tract described in Exhibit 'A' *n Book 713 at Page 613 in the records of the C rflokl County CWWk and Recorders Office being mon port/et/kW), described as follows: Beginning oto point on the southerly right-of-eve of County Rood 335 said pant also being on the west Arne of said SEI/4SW1/4 whence the Southwest Corner of said Section 4 boors S 6514'4r W 1438.56 fret thence along said-of-ww on the follookig carnes N 64' 01' 23' E 322.83 het N 68' 13' 04' £ 260.71 feet 'thence N 71' 4.1' 2r E 268.09 feet thence N 79' 02' 15' E 270.71 feet; thence 30.67 feet along the we of o curve to the riph4 having o ratNus of 389.99 feet ond o control angle of 44' 36' 4r the chord of whkh bears S 78' 39' 21"E 296.05 het thence S. 56' 20' 56' E 284.92 feet thence 304.36 fMet along the sic of o curve to the /chit have o radius of 191.32 feet and o central mph of 91' 08' 53' the chord of which bears N 78' 04' 3r E 273.227 feet thence N 32' 30' 10' E 91.30 feet; thence 260.70 het along the our of o curve to the right, having o radius of 359.49 feet ond o centra/ angle of 41' 33' O3'; the chord of which beats N 53' 16' 42" E 25502 feet; thence N 74' 03' 13+ £54.x98 feat too point on the East in* of sold SW1/45£1/4; thence deporting sold coiner road right—of— way S 0' 27' 02' E 1147.46 het to the Southeast Corner of said SW1/4S£1/4 thence S 0' 44' 14' E 1311.98 feet to the Southeast Corner of said Nw1/4NE1/4, thence S 69' 13'.x" W 350.09 feet cony the South /sins of said NW1/4N£1/4 to the easterly in* of that tract of fond descnbed in took 576 of Pogo 949; thence along said easterly line on the following co 58' 18' 23 W 9urses N 50' 00' 46' W 79.31 het thence N 9168 het thenal N 66 29' Ota' W 9Z 3J feet; thence 569.910 het along the arc of o curve to thehoeing o rows of 404.X feet and o control moist of d0'' 49' 2�; the chord snf which boors N 26' 04' 2J' W 523.81 het thence N 14' 20' 20" E 156 feet thence S 89' 30' 00' W, 286.47 fiat thence N 11'30' 010' W 1150.010 het; thence N 490 JO' X W 395.00 het thence S 70'45' 018' W 870.00 fMet thence S 29' X' 00' M' 41445 feet to 0 poaht on the west Ain of said SE1/4S 1 4, thanes along said cwt fine N 0'14' 4?'' W 5210J het to the MAT Cr 11111211AVAQ said d scmabed tract containing 64.687 acme more or Exhibit A QUITCLAIM DEED This deed, made this day of , 1997, between GENE R. HILTON and MARY JO HILTON (Grantors) and , GENE R. HILTON and MARY JO HILTON (Grantees): WITNESSETH, that the grantors for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and quit claimed, and by these presents do remise, release, sell, convey and quit claim unto their grantees, their successors and assigns forever, all right, title, interest, claim and demand which the Grantors have in and to the the real property situate in Garfield County, State of Colorado and more particularly described in Exhibit A attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the Grantors has executed this deed on the date first set forth above. Quit Claim Deed GENE R. HILTON 2102 W. Arapahoe Dr. Littleton CO 80120 MARY JO HILTON 2102 W. Arapahoe Dr. Littleton CO 80120 STATE OF COLORADO ) ) ) The above and foregoing was acknowledged before me this day of , 1997, by Gene R. Hilton and Mary Jo Hilton. WITNESS my hand and seal NOTARY PUBLIC My commission expires: Address: Quit Claim Deed * tract of land situated in SE1/4SW1/4 and SW1/4SE1/4 of Section 4 and NW 1/4NE1/4 of Section 9 oil in Township 6 South, Rarer 91 West of the 6th P.A/. said tract being e portion of that tinci described in Book 479 of Page 423 and that tract described in Exhibit 'A' rn Book 713 of Page 613 in the records of the Corfield County Clerk and Riecornd rs Office being mot» particularly abscri ed as follows: Beginning of o point on the southerly right -of -my of County Rood 335 said point oho being on the west line of solid SE1/4SW1/4 whence the Southwest Conor of sold Section 4 bears S 6514'47"' or 1438.56 fief thence along said ni�� f-wo}� an the 'allaying courses N 64' 01' 23' £ 322.83 feat t N 6d' 13' 04' E 260.71 feet; thence N 71' 43' 27" E 268.09 feet thence N nr 02' 15' E 270.71 feet thence 303.67 foot along the arc of o curve to the nigh4 having o roams of 389.99 feet and o centra/ angle of 44' 36' 46 the chord of whkh be ors S 78' .739' 21' £ 296.05 feet thenceS 56' 20' 36' £ 284.92 feet thence 304.36 feet along the ac of a curve to the Aeht havingo radius of 191.32 feet and o central of 91' 08' 53- the hord of which boors N 78' 04' 377" £ 273.7 feet thence Al 32' 30' 10' E 91.30 feet; thence 260.70 feet along the arc of o curve to the right, having o radius of 359.49 feet and o control angle of 41' 33' 03"; the chord of which boas N 53' 16' 42" £ 255.02 feat; thence N 74' 03' 13' £ 543.98 met to point on the East gine of sold SW1/4SE1/4; then* deporting said co nCy rood right -of- wvy S 0' 27' 02' £ 114748 feet to this Southeast Canner of said SW1/4SE1/4 theme S 0' 44' 14' E 1311.98 feet to the Southeast Comer of said NW 1/4N£1/4; thence S 89' 13'36` w 350.09 hot along the South lie of said NW1/4NE'1/4 to the easterly in* of that tract of lond described in Book 576 of Page 949; thence along sold easterly line an the following courses N 50' 00' 46" IF 79.31 feet thence N 58' 18' 23" W 95.68 feet thence N 66' 29' or N' 9733 feet; thence 569.90 feet along the arc of o curve to the rigliti having o radius of 404.00 het and o central angle of 00' 49' 23"; the chord of which bears N 26' 04' 23' w 523.81 feet thence N 14' 20' 20" £ 156 feet' thence S 89' 30' 00' w, 286.47 feet thence N 11'30' 010" w 1150.00 het thence N 490 30' 010 w 395.00 feet thence S 70'45' 00" . W 870.X feet; thence S 29' 00' 00" M' 414.95 feet to o politvi��of '��1/:Wlthem* along Hoe eo•i4�ws2 as .t hthem* describe tract containing 64.683 acnes more or Exhibit A